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Council Minutes 04/03/2003 CITY OF AMMON April 3, 2003 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilmember Karen Y. Anderson Council member W. Lee Bean Councilmember Leslie Folsom Councilmember Randy Waite Attorney Scott Hall Engineer Bill Manwill City Administrator Bruce Rose Public Works Director David Wadsworth Planning and Zoning Commission Chairman Hunsaker City Clerk Aleen C. Jensen Deputy City Clerk Diane Gempler Councilmember Anderson led the PledQe of AlleQiance to the FlaQ and Councilmember Bean offered a prayer. Visitors: The Boy Scouts were welcomed. Each Scout was given the opportunity to state his name and tell what merit badge he was working on. Minutes: Council member Bean moved to approve the minutes of City Council Meeting held March 20, 2003. Council member Anderson seconded the motion. Roll call vote: Bean - Yes; Anderson - Yes; Waite - Yes; Folsom - Abstained because she was not in attendance at the meeting. The motion carried. Sewer Line and Lift Station Request for Proposals: The City of Ammon proposes to solicit bids from engineering firms to assist with design and specifications for one-half (1/2) mile of sewer line and one (1) wastewater lift station. The Public Works staff plans to construct a sewer line from Ross Avenue to Ammon Road in the utility easement between properties on the southern side of Wanda Street and the northern side of Georgia Lane. The sewer line will connect to a lift station at Ammon Road. The project has been planned for and funds are provided for in the FY2003 budget. The engineering services will include the design and management of the bid process. There will be another bid for the construction of the project. The City Council discussed the reason for bidding the engineer service. Councilmember Folsom moved to approve the Request for Proposals for engineering service for the sewer line and lift station as presented. City Council Meeting, April 3, 2003 - Page 2 Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson. The motion carried unanimously. Quail RidQe Well Memorandum of UnderstandinQ and Settlement AQreement: At the last City Council meeting George McDaniel requested three changes to the Memorandum. One related to the heating, power, and electrical costs for the well operation. It was understood that it would be actual rate until the City began drawing on the well and at that point it would be the historical rate until the well was actually accepted. The second change clarified that the lot to be provided for the water storage tanks/pressure tanks would be one-half (1/2) acre in size. The third change related to the lot for the fire station. It allows for an alternate site for the fire station. The three changes were acceptable to the City Council. Council member Folsom moved to approve the Memorandum of Understanding and Settlement Agreement for Quail Ridge Well with the three changes. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The amendment to the Bit 0' Heaven Restrictive Covenants has not been signed by the landowners. The landowners have agreed individually to sign the amendment but want to meet as a group to sign. Attorney Scott Hall recommended that the motion be amended to provide that the memorandum be approved subject to amendment of the Restrictive Covenants. The City can not accept title to the property until the property can be used as a well lot. Councilmember Folsom moved to amend the motion to accept the Memorandum of Understanding and Settlement for Quail Ridge Well subject to completion of the amendment to the Bit 0' Heaven Restrictive Covenants. George McDaniel can sign the Memorandum of Understanding now, but the City should not sign until the landowners have signed to amend the Restrictive Covenants. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Site Plan Reviews and Approvals: City Administrator Rose explained that this is the first time the City Council has reviewed site plans since the new ordinance was passed in December. The site plans scheduled for review were presented to the Planning and Zoning Commission at their meeting on April 1, 2002. The Commission voted to recommend approval and Staff concurs with their recommendation. Rockwell Homes proposes to build a commercial building on the corner of Briar Creek Lane and Ammon Road. The building will house the main office of Rockwell Homes and possibly some space they will lease out. The Commission looked at the setbacks, parking and landscaping requirements. Brent Johnson, City Council Meeting, April 3,2003 - Page 3 developer, explained that the Preliminary Site Plan shows their development plans. One change was made with the Planning and Zoning Commission. There will be fifteen (15) feet of landscaping around the project rather than ten (10) feet. There will be a solid, six (6) feet, white vinyl fence toward the back of the property to buffer the single home. All of the water will be maintained on site. The plans include two French drains in the parking area. Lawrence Ricks still owns the vacant property and the developers do not know what Mr. Ricks plans for that property. No access has been planned from Briar Creek into the Ricks' property. An access should be planned so the property does not become land locked. Sidewalk plans were discussed. Council member Anderson moved to recommend acceptance of the Preliminary Site Plan as presented for the Rockwell professional building on Briar Creek Lane. Council member Folsom seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried unanimously. The second Preliminary Site Plan was from Chuck-Q-Rama. City Administrator Bruce Rose explained that the Chuck-O-Rama Restaurant Chain based out of Salt Lake City, Utah, proposes to build a buffet style restaurant. It is to be located on one of the Wal-Mart pads between the two entrances on Hitt Road (25th East). Council member Anderson asked about access plans for the commercial pads in the Wal-Mart development. Chairman Tom Hunsaker explained there is to be an access to John Adams Parkway through the commercial zone. The Planning and Zoning Commission and Staff did not see any concerns with the landscaping. Council member Anderson moved to recommend acceptance of the Preliminary Site Plan for Chuck-O-Rama. Councilmember Folsom seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried unanimously. The third Preliminary Site Plan was from Klein Group L.L.C. Staff has been corresponding with this company who plans to develop some buildings northwest of the Wal-Mart building. City Administrator Rose explained that the proposed tenants are not known. The City contact has been with the engineering firm that is designing the building. Building No.2, which will sit north and south, is directly north of the existing Wal-Mart building. We assume the entrances will be facing the west and people will be entering from the parking lot to the west. Building No. 1 is on the north end of the property. Entrances to that building should be from the south. The buildings will probably be subdivided and leased to tenants. The City Council discussed the location of the two buildings, the access from Hitt Road, and provision for a road to connect with John Adams Parkway. If the tenants are not stated, the City does not know how much parking is needed. It is anticipated this will be a retail strip mall. The developers should understand that the City's parking ordinance is connected to the use of the building. Since this is a Preliminary Site Plan, the Final Site plan requires approval by two members of the Planning and Zoning Commission. Parking should be clarified before the City Council Meeting, April 3, 2003 - Page 4 final approval. Councilmember Bean moved to recommend acceptance of the Preliminary Site Plan for the Klein Group L.L.C. Councilmember Anderson seconded the motion. Roll call vote: Bean - Yes; Anderson - Yes; Waite - Yes; Folsom - Yes. The motion carried unanimously. The fourth Preliminary Site Plan was for The Mortgage Company. Alan Cunningham of Mountain River Engineering presented information on the plans of the developer. The property is directly west of Keith Jorgensen's Music and it is currently zoned R-3A. The plans are for two professional business type buildings. If you calculate the actual building sizes, thirty-two (32) parking stalls would be required. The plans provide for thirty-three (33) parking stalls. The plans meet the landscaping ordinance. The developer has expressed a willingness to look into providing a buffer between the house on the west and the proposed business. Both the house and the proposed building site are zoned R- 3A so it is questionable if a buffer can be required. Councilmember Bean said the City has tried to have a buffer between a residence and a business. There was a discussion on buffer requirements. Councilmember Bean moved to recommend acceptance of the Preliminary Site Plan for The Mortgage Company with the stipulation that there is at least a six (6) feet fence on the west side to buffer the residential. Council member Anderson seconded the motion. Roll call vote: Bean - Yes; Anderson - Yes; Folsom - Yes; Waite - Yes. The motion carried unanimously. The fifth Preliminary Site Plan was for the Montessori School. The school desires to expand their building on the back. Plans also include expanding the parking area. There has been discussions concerning the entrance on First Street. Alan Cunningham of Mountain River Engineering was available to answer questions. Engineer Bill Manwill explained the entrance on First Street is temporary. When the permits for both the Berean Baptist Church and the Montessori school were approved, they were approved with temporary accesses on to First Street. It is planned that the temporary accesses will be abandoned and a permanent road to the west will line up the two accesses. The recorded plat for the school provides for a road off First Street on the west with sixty (60) feet right-of-way. The street is named Montessori Avenue. The City Council discussed making plans to rename Montessori Avenue and to connect it with Curlew Drive from the south. It was recommended that Engineer Manwill provide some plans for a connecting road to be considered by the Planning and Zoning Commission. If Montessori Avenue is renamed, it should be done before any addresses are assigned. It is the goal of the school, to construct as much of the parking area as possible. The developers are responsible to put the permanent road in along their property. When the property to the west is developed, the permanent road will be addressed. Council member Folsom moved to recommend acceptance of the Preliminary Site Plan for the Montessori School and to recommend that Engineer Bill Manwill provide some tentative street plans City Council Meeting, April 3, 2003 - Page 5 for the Planning and Zoning Commission to consider to change Montessori Avenue to Curlew Drive and to make it a collector street. Councilmember Anderson seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously. The sixth Preliminary Site Plan was for BioLife Plasma Center. City Administrator Bruce Rose explained that there was no one present to explain the plan. Representatives of the City have been talking with the developers since last October or November. The site is part of Teton Spectrum (Ricks Farm) and is directly northeast of IHOP on the banks of Sand Creek. The Plasma Center pays people to donate plasma from their blood. Plasma Centers are being located in several cities around the United States. Parking, landscaping, and setback issues have all been addressed, and they appear to be in compliance. Councilmember Bean moved to recommend acceptance of the Preliminary Site Plan for the BioLife Plasma Center. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried unanimously. Sheldon Dance submitted the seventh Preliminary Site Plan. He proposes to build two six-plex apartments on Chasewood Drive directly behind K-Mart. Sheldon Dance, 5161 Long Cove Drive, was present at the meeting to explain his request. The lots are zoned R-3A. He believes that his plans provide for adequate parking. Twelve parking spaces are required for each building and the plans provide fourteen parking spaces. The City Council discussed parking with the developer. There was a question about whether or not the handicapped parking spaces count to meet the required number of parking spaces. Coucilmember Anderson requested that Planning and Zoning Commission consider whether or not handicapped spaces are counted to meet the required parking spaces in residential areas. Councilmember Folsom moved to recommend acceptance of the Preliminary Site Plan for the Chasewood Drive apartments with the stipulation that Planning and Zoning looks at two of the handicapped parking spaces to be marked to be wider but not labeled as handicapped and two parking spaces to be marked as handicapped spaces so there is twenty-four usable parking spaces for the total complex. Councilmember Anderson seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously. The last Preliminary Site Plan to be considered was for an Assisted Living Center on the corner of Chasewood Drive and Curlew Drive behind Play It Again Sports. There is a vacant lot between Play It Again Sports and the proposed living center. The developer is Arave Construction. Council member Folsom reminded that the City had a problem with the Living Center on 1 ih Street in Ammon bringing in people who required minimum security because the facility was not filling up with elderly people. She did not object to an assisted living City Council Meeting, April 3, 2003 - Page 6 center, but she wanted the City protected from involvement with mlnlmum- security offenders. The problem at the 1 ih Street facility has settled down. Attorney Scott Hall agreed to check out a way the City can be assured that an assisted living center is used only as an assisted living center without further City approval. Also, Attorney Hall recommended that the City define in Title 10 where the City would allow minimum-security facilities. Councilmember Anderson questioned whether or not the site plan meets the parking requirements, and Chairman Hunsaker explained the requirements. Councilmember Bean moved to recommend acceptance of the Preliminary Site Plan for the Assisted Living Center on Chasewood Drive. Councilmember Waite seconded the motion. Roll call vote: Bean - Yes; Waite - Yes; Folsom - Yes; Anderson - Yes. The motion carried unanimously. Sunnyside Road Storm Pond AQreement: Engineer Manwill explained that Kevin Eckersell on the Bonneville County planning staff has been negotiating the agreement. He has been at a conference all week so there have been no specific changes since the City Council discussed the proposed agreement. There have been several conversations with the School District, and we may be coming to a solution. It is possible to address the easement as two separate parcels of three acres each. The School District is concerned about losing the use of the land at some point in the future. It has been suggested that the City of Ammon would have the first right of refusal on three acres if the use ever changed and the property was sold. Six acres are needed if the School District is going to be able to use part of it for a recreation field. The storm pond could be done in three acres, but it would basically be a storm pond and nothing else. The six acres will accommodate the School District and it will be more acceptable to the public because there will not be a wet area in there all of the time. The proposal now is that the City gets three acres on a permanent easement and three acres on a temporary easement with a long-term renewal. The agreement will be redrafted and brought back for approval. Discussion On Iv Item - Taraet Entrance Traffic LiQht: City Administrator Bruce Rose had a conversation with City of Idaho Falls Mayor Linda Milam. City of Ammon has been invited to a Traffic Safety Meeting on Tuesday, April 8, at 3:00 p. m. Mayor Ard indicated that he will be unable to attend the meeting, and City Administrator Rose said that he would be happy to attend on behalf of City of Ammon. Mayor Milam mentioned that City of Idaho Falls plans to propose a time line for a Target entrance traffic light and she referred to a proposal for financial participation from the City of Ammon. Bruce Rose recommended that a member of the City Council also attend. The meeting is a traffic safety meeting of the Idaho Falls Police Department. It concerns all traffic issues, but a traffic light at Target is one item on the agenda. Engineer Manwill explained that the problem at Target is congestion. A discussion followed. Council member Bean City Council Meeting, April 3, 2003 - Page 7 pointed out that City of Idaho Falls has always wanted control of Hitt Road, but they have participated little in the development of Hitt Road. Wal-Mart developed their section of Hitt Road. City of Idaho Falls may have developed some by Ammon Town Square, but Ammon Urban Renewal provided the majority of the funding. Hawkins-Smith did the majority of Hitt Road by the Teton Spectrum area. The proposal has some benefit for City of Ammon, but there is great concern about putting City of Ammon taxpayer's money into Hitt Road, which is controlled by City of Idaho Falls. The City of Ammon does not have funds at this time to participate in a traffic light on Hitt Road by Target. All of City of Ammon funds are set aside for the Sunnyside Road project. Mayor Ard asked if anyone wanted to attend the Traffic Safety Meeting. The discussion discouraged any representation from City of Ammon. Councilmember Bean said Ammon should not go to the meeting. City of Idaho Falls should come to City of Ammon to make their proposals rather than we go to them to hear their proposal. Plannina and Zonina Commission Action Items: In addition to the Preliminary Site Plan reviews that the Council has already discussed, the Planning and Zoning Commission conducted four public hearings on Tuesday, April 1, 2003. The first public hearing concerned the new RE Residential Estate Zone. They voted to recommend approval to the City Council. It was a non-controversial hearing. Three people testified in favor and no one testified against. The Commission and Staff recommendation is for the City Council to waive the need for a subsequent public hearing and to place it on the agenda for the meeting of April 17, 2003. Councilmember Anderson moved to waive a City Council public Hearing on the RE Zone and to place it on the next City Council agenda for deliberation. Councilmember Folsom seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously. Another public hearing was held on the request of Ronald Salisbury, 1815 Sabin Drive for a rezone from R-1 to C-1 for the south ninety-six feet of Lot 10 Block I Southwick Addition. The property is located on Sabin Drive south of 17th Street behind The Tobacco Connection and Cajun Bob's. The request was deliberated and ultimately denied. The owner may submit a different rezone request at another time. The third public hearing was referred to as the GroberglTrailwood Rezone Request. Grobergs, the developers, requested the rezone from R-1 to R-1A of lots south of Tie Breaker Village on the south side of the proposed John Adams Parkway in Trailwood Village Division NO.2. This would allow the developer to develop the lots with two-unit townhouses. The Planning and Zoning Commission voted to recommend approval. One person testified in favor and no one testified against. The request appeared to be non-controversial, and the Planning and City Council Meeting, April 3, 2003 - Page 8 Zoning Commission and Staff recommended that the City Council waives a second public hearing and places the request on the City Council agenda for April 17, 2003. Councilmember Anderson moved to waive the City Council public hearing for the GrobergfTrailwood Village request for rezone from R-1 to R-1A of lots in Trailwood Village Division No. 2 and to place the request on toe City Council agenda for April 17, 2003. Councilmember Waite seconded the motion. Roll call vote: Anderson - Yes; Waite - Yes; Folsom - Yes; Bean - Yes. The motion carried unanimously. The fourth public hearing was to consider the request of Arave Construction to rezone a lot in Oak Ridge Addition from GC-1 to R-3A to allow an apartment complex. The lot is located north of Life Care Center and Sonic Drive In on the westside of Curlew Drive and adjacent to the apartment complex that Arave Construction recently built. The Planning and Zoning Commission voted unanimously to recommend approval of the rezone. Council member Anderson commented that, when TieBreaker residents have gone to the Planning and Zoning Commission meetings to encourage not increasing the density of that area, that Planning and Zoning has been in favor of not increasing the density. She asked about the comments at the hearing. Chairman Tom Hunsaker reported that there was some opposition to the rezone at first because of the density. However, when the present zoning of GC-1 was considered, it was the opinion that the R-3A Zone, which would allow apartments, would have less impact on the neighborhood than if the property was developed with a use that the GC-1 Zone would allow. Some of the TieBreaker residents were included in the hearing notification, but there were none in attendance at the hearing that voiced an opinion. Councilmember Anderson said she gave residents of TieBreaker the impression that there was not a great need for them to attend the hearing because development plans were uncertain but the assisted living center may be considering that lot. Tie Breaker residents are interested in the development of the square mile north of 1 th Street because TieBreaker Drive is the only through access in that area and the residents are already feeling the impact of a busy thoroughfare. Councilmember Anderson asked that the Council hold a second public hearing on the request to eliminate any misunderstanding. A discussion continued. Councilmember Bean moved to waive the public hearing before the City Council for the request for rezone from GC-1 to R-3A of the lot in Oak Ridge Addition and to place the request on the City Council meeting agenda for April 17, 2003. Councilmember Folsom seconded the motion. Roll call vote: Bean - Yes, Folsom - Yes; Waite - Yes; Anderson - No. The motion carried. Plannina and ZoninQ Commission Plat Approval: At their meeting on April 1, 2003, the Planning and Zoning Commission considered the plats for Foothills Division NO.1 (renamed to Woodland Hills Division No.1) and The Cottages City Council Meeting, April 3,2003 - Page 9 Division No. 3 as Preliminary and Final Plats. The plats were recommended to the City Council for approval as Preliminary and Final Plats, although this differs from the procedure to consider a preliminary plat and a final plat separately. No action on the plats was planned for this meeting. The plats will be discussed at the work session planned for Thursday, April 10, and scheduled for action on the City Council meeting agenda for April 17, 2003. Engineer Manwill expressed his opinions about considering a preliminary plat and a final plat together. Jay Johnson, developer, does not object to considering the preliminary plat and the final plat at separate meetings, but he objects to changing the procedure in mid- stream. The developer needs to have a clear understanding of the rules so the developer has the time to follow the rules. Easement on Goldman Property: Attorney Scott Hall explained that Lynn and Kathleen Goldman, 3615 Wanda, have experienced a problem with the title search on their property regarding an easement granted to the City of Ammon in 1977. The easement provides for an easement through and under their property including a part of an unpaved driveway to grant the City the right to construct, maintain and repair underground pipeline and/or mains for the purpose of conveying the water and sewage. The Goldmans thought the easement had been done away with when the deeds were recorded to establish the cul-de-sac on Wanda Street. Engineer Manwill explained about the cul-de-sac. Everyone was of the opinion that the deeds did eliminate any easement on the Goldman's property, but for some reason the Title Company is still picking up the 1977 easement. Attorney Hall was authorized to prepare a document for the Mayor to sign to relinquish the easement. Councilmember Folsom moved to adjourn to an Executive Session regarding a litigation issue and a personnel issue. Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. The Regular City Council Meeting was adjourned. Mayor Attest: City Clerk