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Council Minutes 03/20/2003 CITY OF AMMON March 20, 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 Council member Karen Y. Anderson Council member W. Lee Bean Council member Randy G. Waite Engineer Bill Manwill City Administrator Bruce Rose City Clerk Aleen C. Jensen Absent: Councilmember Leslie Folsom Attorney Scott Hall Council member Waite led the Pledge of Allegiance to the Flag, and Council member Anderson offered a prayer. Visitors: Mayor Ard welcomed ten Boy Scouts. Each Scout was given an opportunity to state his name and tell what merit badge he was working on. Minutes: The minutes of City Council Meeting held Thursday, March 6, 2003, were reviewed. Councilmember Anderson requested a change regarding the statement on page 8 which reads, "Tie Breaker Drive is a collector street and it functions as a collector street." She asked that the statement be taken out of the minutes and to refer it to the Planning and Zoning Commission to make that decision. Councilmember Anderson moved to approve the minutes of March 6, 2003, with the correction. Council member Waite seconded the motion. Roll call vote: Anderson - Yes; Waite - Yes; Bean - Yes. The motion carried. Consent Agenda: The Consent Agenda is attached to these minutes as Exhibit A and includes applications received for 2003 business licenses and home occupation permits. Councilmember Bean moved to approve the Consent Agenda as outlined. Councilmember Anderson seconded the motion. Roll call vote: Bean - Yes; Anderson - Yes; Waite - Yes. The motion carried. Arbor Day Proclamation: Mayor Ard proclaimed Arbor Day for the City of Ammon as follows: WHEREAS, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, the holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and City Council Meeting, March 20, 2003 - Page 2 WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, trees wherever they are planted, are a source of joy and spiritual renewal, NOW, THEREFORE, I Bruce Ard, Mayor of the City of Ammon do hereby proclaim April 25, 2003, as ARBOR DAY in the City of Ammon and I urge all citizens to celebrate ARBOR DAY and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations. Mayor Ard read a letter signed by John Rosenow, President of the National Arbor Day Foundation, to congratulation City of Ammon on being named as a 2002 Tree City USA! City Administrator Rose expressed thanks to the Mayor and City Council for Arbor Day activities prior to June 2002 and acknowledged Ken Knoch, Parks Director. Ken has carried the torch since June to see that City of Ammon gets the recognition. A special day has been planned for April 25, 2003, to celebrate Arbor Day in Ammon. Kent Wood Rezone Request: City Administrator Bruce gave a Staff report to ex~lain the request. The general vicinity of the property is on the south side of 17 h Street east of Hitt Road and west of Ammon Road. The specific location is right on 1 ih Street on the corner of Cabellaro Drive. The property is presently zoned C-1. It is proposed to rezone to PB, Professional Business, and it is in compliance with the Comprehensive Plan. It is a more restrictive zone. Staff has met to discuss the request, and Staff concurs with the recommendation of the Planning and Zoning Commission to approve the rezone. Kent Wood, 3935 Benchmark Circle, is the owner of the property planned for development as Legacy Professional Plaza. Originally, Mr. Wood bought the property thinking that it was zoned PB and found it was zoned C-1 even though a preliminary plat had been drawn to indicate PB. A prospective buyer wanted to put a retail business in the building under construction. It was decided in order to make it uniform to go for a rezone so there is not a mix of commercial and professional on the same property. There are different parking requirements for commercial use and professional office use. All six buildings will have the same use. City Council Meeting, March 20, 2003 - Page 3 Council member Waite moved to accept the recommendation of the Planning and Zoning Commission to approve the request for rezone of the Wood property in the Hiller Addition from C-1 to PB. Roll call vote: Waite - Yes; Anderson - Yes; Bean - Yes. The motion carried. Ordinance No. 321 was introduced by title, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. Description for Zone Change from C-1 to PB: Lot 8, Block 2, First Amended Plat of the Hiller Addition, Division No.1, City of Ammon, Bonneville County, Idaho. The ordinance was read in full. Councilmember Waite moved that the City Council dispense with rule requiring the reading of the ordinance on three different days and that the three readings of Ordinance No. 321 be waived. Councilmember Anderson seconded the motion. Roll call vote: Waite - Yes; Anderson - Yes; Bean - Yes. The motion carried. Councilmember Waite moved the adoption of Ordinance No. 321 as an ordinance of the City of Ammon on its third and final reading. Councilmember Anderson seconded the motion. Roll call vote: Waite - Yes; Anderson - Yes; Bean - Yes. The motion carried. Johnson/Robison Annexation with Initial Zoning: City Administrator Bruce Rose gave the Staff report. Rockwell Homes requested the Johnson/Robison annexation with initial zoning. The general vicinity of the property is north of Ammon along First Street, east of Ammon Road, and west of Crowley Road. A specific location is directly east of the Eastern Idaho Railroad tracks, south of First Street, west of the Centennial Ranch subdivision that is in Bonneville County, and north of Centennial Ranch Division No. 12. It is within the City of Ammon Area of Impact. There are three separate zone requests. The R-1 Zone on the southern end is in compliance with the Comprehensive Plan. The R-1A Zone is in compliance with the Comprehensive Plan. The R-2 Zone requested for the northeast corner has received considerable discussion at the Planning and Zoning Commission level and at the City Council work session. On March 4 the Planning and Zoning Commission recommended approval of the annexation with the initial zoning provided the R-2 Zone adhered to the requirements of low- density housing. There is no plat attached to the request. This is a metes and bounds annexation. If the annexation is approved, the platting process will cover the development issues. It is the opinion of the City Attorney that, if it is determined the R-2 zoning is not in compliance with the Comprehensive Plan, the Comprehensive Plan changes should be initiated prior to annexation. Staff is City Council Meeting, March 20,2003 - Page 4 of the opinion that the R-2 is likely to be changed in any Comprehensive Plan updates that are coming up. The R-2 Zone, which would allow apartments, is an appropriate zone for the property adjacent to First Street. Apartments as a use in the area proposed is compatible to the surrounding area. Staff recommended approval of the annexation with initial zoning as requested although it is not in total agreement with the City Attorney's opinion regarding compliance with the Comprehensive Plan. Brent Johnson, 3801Taylorview Lane, represented the developer. There is controversy over the R-2 zoning. The developer would like to keep the R-2 Zone because it is their ultimate intention to build four-plexes in the area proposed. The intention for the over all development is single family homes at the south end, townhouses on the northwest side of the project, and a small group of four- plexes on the northeast piece. Thirteen or fourteen units will be the maximum numbers of four-plexes. They felt that is a manageable number of four-plexes for a community to work with. The units will be right off First Street. The developer also proposes to donate a piece of ground for an LDS Church if it is acceptable to them. Councilmembers questioned the developer about timing of development. Councilmember Bean asked if the City is being consistent with the zoning along arterials that we want an R-2 buffer yet we are going to allow single family dwellings in a portion. Chairman Tom Hunsaker responded. From his experience on the Planning and Zoning Commission, the approach is that low- density is appropriate almost any place except when you get right up against industrial/manufacturing which needs a buffer. Some time ago an issue was addressed and it was recommended an additional setback if the backyard or side yard is up against an arterial. That is about as far as Planning and Zoning got as to whether or not it should be exclusively a high or medium type density along arterials. If we have high-density, that is the best place for it but we are not going to exclude low-density. Councilmember Anderson asked if the Comprehensive Plan does not specify high-density as a mixture of high and low-density together and low-density specifies only low-density. The City is allowing exactly what the language in the Comprehensive Plan says where a mixture could be in our high-density zones. The developer will probably retain ownership of 50 to 60% of the four-plexes, and he will sell off some of them. The potential of the developer retaining ownership of all of the units is there, but they have had numerous people contact them about wanting to own one or two units. They will entertain such requests. The units will be comparable to the units that Johnsons built across from the City Building. City Council Meeting, March 20, 2003 - Page 5 Council member Anderson asked if the developer would like to see John Adams Parkway go through the property and connect with Briarwood. Brent Johnson said, if it were his choice, he probably would not like to see John Adams Parkway go through the eighty acres proposed for annexation. John Adams Parkway would need to go from Briarwood through another subdivision to connect with this proposed subdivision. Currently that subdivision is being developed with narrower streets and without curb and gutter. Also, to connect to the existing Centennial Ranch in Bonneville County the streets are narrow streets without curb and gutter. The developer will do what the Planning and Zoning Commission and City Council decides about John Adams Parkway. There was a discussion about extending John Adams Parkway to Crowley Road. Engineer Manwill said looking at the long-range plan, if there is not a good traffic system through the area, at some point it is going to be a problem. There is concern about who is going to provide all the funds to cross the railroad tracks. The total cost of the road system versus the cost of the crossing in the life of the transportation system is not as excessive as it seems. Estimates for a railroad crossing with required signalization were discussed. There was additional discussion on the road layout and the drainage plans for the development. Councilmember Anderson moved to approve the annexation of the Johnson/Robison property proposed for zoning as R-1 and R-1A on condition that we come up with and acceptable annexation agreement. This leaves out the property proposed to be zoned R-2 until Planning and Zoning gets the Comprehensive Plan changed. The motion was discussed concerning the time frame to change the Comprehensive Plan. The developer does not want to zone the property R-1 A with a plan to change to R-2 later. It makes sense for the R-2 Zone to go where the developer has planned, but our Attorney is of the opinion that the property should not be annexed with an R-2 Zone until the Comprehensive Plan Land Use Map is changed through the public hearing process. There was no second to the motion. Council member Anderson restated the motion to approve the annexation and initial zoning of the Johnson/Robison property for the R-1 Zone and the R-1A Zone as shown on the map filed with the request. There was further discussion on the motion and the problems with and the process to change the Comprehensive Plan. There was input from Chairman Tom Hunsaker, City Administrator Bruce Rose, Councilmember Bean, Council member Waite, and George McDaniel. There was no second on the restated motion. The motion died for lack of a second. Councilmember Bean asked if the developer was opposed to annexing the proposed R-2 property as R-1A. The answer was probably. There was more discussion on changing the Comprehensive Plan. In making changes to the Comprehensive Plan, there is no problem separating the map from the text. City Council Meeting, March 20, 2003 - Page 6 Councilmember Waite moved to accept annexation and initial zoning of the Johnson/Robison property as discussed and presented with zoning of R-1, R-1A, and R-2 contingent upon an acceptable annexation agreement. Councilmember Bean seconded the motion. Roll call vote: Waite - Yes; Bean - Yes; Anderson - No. The motion carried. Rockwell Homes Annexation Agreement and Annexation Ordinance (Foothills Subdivision): Copies of the Annexation Agreement and Annexation Ordinance were distributed to the City Officials with their agenda packet. Alan Cunningham of Mountain River Engineering reviewed the Annexation Agreement to make sure it was understood where the ten (10) inch waterlines are to go. On Township Road, the Johnsons will run the ten (10) inch waterline on the north side of Township Road until it reaches the annexation boundary, which is basically at the railroad tracks. On Shelmar Drive they will connect the waterline into Ross Avenue and take it to the east boundary. Brent Johnson asked for a change to paragraph 1.h. in the Annexation Agreement. The wording in the original agreement was to have the park completed upon the completion of fifty (50) homes. In order to have the park completed at that point, the developer would almost have to start the park when he started to develop the property. It is going to take some time to figure out how to create the storm drainage pond and deal with the flood plain. Also, to be able to financially put the park in without burdening the development more homes need to be developed. It was proposed to change the agreement to read: "Said park to be completed (automatic sprinkler system & seeded) at such time that 75 percent of the annexed land that is south of Township Road is developed and homes occupancy permits are issued. (Approximately 150 certificates of occupancy)." There was a discussion on the storm drainage pond. Engineer Manwill stated that the storm drainage pond needs to be in place before the streets are paved. He suggested requiring the park to be completed when 75% of the land is developed or 150 certificates of occupancy have been issued. Councilmember Anderson moved to approve the Annexation Agreement for Foothills Subdivision with a change in the language in paragraph 1.h. to read: "Said park to be completed (automatic sprinkler system & grass seed) at such time that seventy-five (75) percent of the annexed land that is south of Township Road is developed or one hundred fifty (150) certificates of occupancy are issued, which ever shall first occur." Councilmember Waite seconded the motion. Roll call vote: Anderson - Yes; Waite - Yes; Bean - Yes. The motion carried. Ordinance No. 322 was introduced by title, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND City Council Meeting, March 20, 2003 - Page 7 HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OFSAID LANDS (FOOTHILL SUBDIVISION). The ordinance was read in full. Council member Anderson moved that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings of Ordinance No. 322 be waived. Council member Waite seconded the motion. Roll call vote: Anderson - yes; Waite - Yes; Bean - Yes. The motion carried. Councilmember Anderson moved the adoption of Ordinance No. 322 as an ordinance of the City of Ammon on its third and final reading. Councilmember Waite seconded the motion. Roll call vote: Anderson - Yes; Waite - Yes; Bean- Yes. The motion carried. Preliminary and Final Plat of Eagle Pointe Division No.5: City Administrator Bruce Rose presented the Staff report. The Planning and Zoning Commission recommended approval of the preliminary and final plat at their meeting on March 4, 2003. Staff concurs with the recommendation of the Planning and Zoning Commission. It was noted that between Lots 11 and 12 Block 4 the developer has granted access to the City for the park. This strip of land will be deeded to the City. Lot 15 Block 4 and Lot 11 Block 7 are in two different zones. This is not seen to be problem because the developer has agreed when homes are built on those lots that the most restrictive zone will prevail. The developer and City should decide if water and sewer service lines are needed in the park access lot before construction begins. The City wants the service lines. Details on cost should be worked out with the developer. Council member Bean moved to approve the Preliminary and Final Plat for Eagle Pointe Division NO.5. Councilmember Waite seconded the motion. Roll call vote: Bean - Yes; Waite - Yes; Anderson - Yes. The motion carried. Quail Ridge Well Memorandum of Understanding and Settlement Agreement: George McDaniel updated the City Council on the consent of the property owners on the waiver of the protective covenants on the Bit 0' Heaven well lot. He has a verbal approval of four out of five of the property owners. They are supposed to be meeting to within a few days to finalize the waiver issue. George McDaniel had a few concerns regarding the Memorandum Understanding.. City Council Meeting, March 20, 2003 - Page 8 When the whole process was started, we talked about a water tank along with the system. Currently there is a water tank. It is not the million-gallon site, which was talked about. It was decided the well lot is not the site for that type of a tank. The agreement specifies the developer shall convey to the City a lot in a size acceptable and at a location acceptable for a water storage tank. It is acceptable to have the storage tank site up the hill and in a different location than the well. A different company than Hillpoint Properties L.L.C shall convey the lot to the City. The City requires assurance of a storage tank site. The size of the site needs to be approximately one-half acre. There was a discussion about whether the property for the site should be conveyed not later than one (1) year from the date of the agreement or if the time could be extended by mutual agreement. The extension of time is to be discussed with our Attorney. George McDaniel expressed concern about the fairness of No.3, "Developer shall pay all heating, power and electrical costs relative to said well operation until the date of delivery to the City." The water ran strictly up the hill for two or three months and then it was turned down the hill to the whole City. He thought that it would be fairer for pro rata after the time the water was turned down the hill until the well is turned over to the City. NO.6 has been adjusted satisfactorily. George objected to the reference in No. 9 to The Cottages. He did not believe there was a need to bring The Cottages into an agreement with Quail Ridge and the City. Another request was to get in writing how Councilmember Bean and Council member Anderson determined the oversize. The information discussed will be reviewed with Attorney Scott Hall. Sunnyside Road Storm Drainage Agreement: There was no revision to the agreement since it was originally discussed prior to this meeting. Further discussion was deferred to another meeting. Swimming Pool Concession Stand Agreement: DeRay and Carol Perry proposed to operate the concession stand at the swimming pool based on the same terms as the last two summers. Attorney Hall reviewed the agreement and the Perrys have signed it. Council member Waite moved to accept the Ammon City Pool Concession Stand Agreement with DeRay and Carol Perry. Council member Anderson seconded the motion. Roll call vote: Waite - Yes; Anderson - Yes; Bean - Yes. The motion carried. City's Share of Hitt Road Sanitary Sewer Imorovements: Ammon's share of sanitary sewer improvements installed in Hitt Road from Mesa Street to Lincoln Road as per earlier agreement with the City of Idaho Falls in the amount of $236,953.87 has not been paid. Councilmember Anderson moved to authorize payment to the City of Idaho Falls in the amount of $236,953.87 for Ammon's City Council Meeting, March 20, 2003 - Page 9 share of the sewer improvements. Councilmember Bean seconded the motion. Roll call vote: Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried. RE (Residential Estates) Zone: The Planning Zoning Commission has advertised for a public hearing on Tuesday, April 1, to consider the proposed RE Zone which they have been working on for sometime. City Administrator Bruce Rose asked if it would be necessary for the City Council to hold a public hearing to consider the RE Zone. It was decided to wait for the Planning and Zoning to make their recommendation. The new zone has been designed primarily for annexation of the County Islands, and those property owners should be notified of the hearing regarding the new zone, which has developed as a result of discussions with them. The City Council should consider modifying Title 5, Chapter 3, Criminal Code Animals because the RE Zone has some different requirements from Overlay 6. The City Council will decide how to proceed at the next meeting. Reports: The City Office has not received complaints on the Sunnyside Road detour. Former Mayor Russell Swensen keeps reminding Councilmember Waite about the manhole covers on 17th Street. The problem is with the concrete rings. The repairs are on the Street Department project list. Councilmember Anderson discussed scheduling City Council actions on annexation and zoning requests following a recommendation from the Planning and Zoning Commission. Attorney Scott Hall has recommended that the City Council schedule their action a month following receipt of the Planning and Zoning Commission recommendation. This will give time for a work meeting in between and provide time for an annexation agreement to be developed before it comes to the vote. The Attorney does not like to have any decision made "subject to" an agreement. If the City plans to go a month, the City needs to be firm and to be sure developers are aware of the policy. Another issue concerns City Council approval of a final plat two days after the Planning and Zoning Commission recommendation. Attorney Hall says the problem with acting on a recommendation two days after the Planning and Zoning Commission is that it does not give time for public inspection of the plat. Councilmember Anderson recommended a check sheet for developers to keep them informed of requirements and deadlines for approval. The City Office is already working on a zoning procedure manual. Councilmember Bean wondered if it would be worthwhile to consider changing the City Council meeting days to provide more room between the Planning and Zoning meeting and the City Council meeting. There are requirements for changing the meeting schedule. It was concluded that approvals are manageable according to the existing meeting schedule. There was a discussion on submitting preliminary and final plats for approval. Development/Improvement Drawings should be submitted with the final plat. Engineer Manwill has problems with a developer submitting a preliminary and City Council Meeting, March 20, 2003 - Page 10 final plat together. Once a final plat is submitted a developer is reluctant to make any change. Jay Johnson is planning to submit the plat for the Foothills Subdivision as a preliminary and final plat at the Planning and Zoning Commission meeting on April 1, 2002. After discussion, it was decided that Jay Johnson is to be advised that on April 1, the plat of Foothills will be accepted as a preliminary plat only. The City Clerk asked for clarification about background checks for licensing. A request for a background check should be submitted to the Idaho State Police for the FBI to complete in the case of massage therapy and itinerant merchant licenses. Background checks for bartenders should be submitted to the Sheriff's office for a local check. Mayor Ard reported on a meeting with Mayor Linda Milam. City of Idaho Falls is trying to work out the traffic lights and to coordinate the lights. A safety meeting has been scheduled for April 8 at 3:00 p.m., and they want a representative from the City of Ammon. They would like to place a traffic light at the Target and Mall access before the Christmas season. They requested City of Ammon input and encouraged financial participation. Another thing to think about, if a light is put in by Target, should there be consideration that some of the exits on Hitt Road become right turn only? Councilmember Anderson has been observing the traffic associated with Wal-Mart. There is a real bottleneck at First Street and Hitt Road. Council member Bean moved to adjourn to an Executive Session to discuss real property issues. Councilmember Anderson seconded the motion. The regular City Council meeting was adjourned at 9:45 p.m. Mayor Attest: City Clerk