Council Minutes 05/05/2002
CITY OF AMMON
December 5, 2002
Minutes of the Regular Meeting of the City Council:
The meeting was called to order by Council member Leslie Folsom at 7:30 p.m. in
the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following
City Officials present:
Councilmember Leslie Folsom
Councilmember Karen Y. Anderson
Councilmember Randy Waite
Attorney Scott Hall
Engineer Bill Manwill
City Administrator Bruce Rose
Chairman Tom Hunsaker, Planning and Zoning Commission
City Clerk Aleen C. Jensen
City Office Assistant Erika Price
Absent: Mayor C. Bruce Ard
Councilmember W. Lee Bean
Councilmember Waite led the Pledge of Allegiance to the Flag, and
Councilmember Anderson offered a prayer.
Council member Anderson moved to approve the minutes of City Council
Meeting held October 17, 2002. Council member Waite seconded the motion.
Roll call vote: Anderson - Yes; Waite - Yes; Folsom - Yes. The motion carried.
Council member Anderson requested clarification of the minutes of City Council
Meeting held November 7,2002. On page 5 concerning law enforcement, the
City Council discussed both ways about charges for the fourth officer. Did we
decide the contract would be pro-rated for the amount of time Ammon has the
fourth officer? Or did Bonneville County request that charges for the fourth
officer should be for the full year? The Mayor was authorized to sign the law
enforcement contract for fiscal year 2003. It did not include a provision to pro-
rate for the fourth officer. It was recommended to check the meeting notes and
the tape of the meeting to determine what the final conclusion was.
Council member Anderson moved to approve the minutes of City Council Meeting
held November 7, 2002, with a clarification about pro-rating for the fourth officer
or not. Councilmember Waite seconded the motion. Roll call vote: Anderson -
Yes; Waite - Yes; Folsom - Yes. The motion carried.
The request for a home occupation permit by Jared and Esther Allen, 3205
Carolyn Lane, was postponed until City Council Meeting on December 19, 2002.
City Council Meeting, December 5, 2002 - Page 2
The City received a request to add OL-6, Keeping of Animals, to the six lots in
Quail Ridge Estates Division No.3. The Planning and Zoning Commission
considered the request at a public hearing on November 12, 2002. Chairman
Tom Hunsaker reported on the recommendations of the Commission. Quail
Ridge Estates was originally approved and platted by Bonneville County. The six
lots in Division NO.3 were the only ones, which allowed animals according to the
protective covenants. When Quail Ridge was annexed into the City of Ammon,
zoning to allow animals on these six lots was overlooked. No animals are
currently present, but the owners are planning to bring horses in. The Planning
and Zoning Commission voted to recommend approval to add OL-6 with 7 votes
_ Yes and 1 vote No. The No vote was cast because of concerns that the
current number of animals allowed in OL-6 is too high.
Alan Cunningham of Mountain River Engineering explained that the six lots in
Quail Ridge Estates Division No. 3 are adequate to have horses. There has
been concern that the City is considering creating the RE (residential estate)
zone and eliminating OL-6. There are two houses in Division No.3, and they
mayor may not be able to meet the criteria of the proposed RE zone. The
reason for the request at this time is one owner is ready to build a horse barn.
The City Council discussed OL-6 and the proposed changes. The consensus of
the Planning and Zoning Commission from their last meeting is that they will
probably recommend keeping the OL-6 only so we know what the law was for the
properties already granted an OL-6. All new properties will become RE.
Council member Waite moved to approve the addition of OL-6 to the six (6) lots in
Quail Ridge Estates Division NO.3. Council member Folsom seconded the
motion. Roll call vote: Waite - Yes; Folsom -Yes; Anderson - Yes. The motion
carried. Attorney Scott Hall agreed to prepare the ordinance.
The City Council reviewed the Preliminary Site Plan for T J Maxx in Teton
Spectrum. Chairman explained the details of the plan. The preliminary site plan
meets setback, landscaping, and parking requirements. The Planning and
Zoning Commission members unanimously recommended their approval.
Councilmember Anderson moved to approve the preliminary site plan for Teton
Spectrum development with T J Maxx and an adjacent building to the south on
the condition that they verify the requirements of the landscaping along Eagle
Drive. Councilmember Waite seconded the motion. Roll call vote: Anderson -
Yes; Waite - Yes; Folsom - Yes. The motion carried.
Revisions to C.C. 10-5-23 Required Parking and Loading Areas: The
Planning and Zoning Commission considered revisions to 10-5-23 at a public
hearing on July 2, 2002, and at another public hearing on November 12, 2002.
The revisions proposed since the July 2 hearing include clarification of when to
City Council Meeting, December 5,2002 - Page 3
count a garage as % of a residential parking space, the requirement that one
parking space per residential dwelling must be covered, and elimination of a call
center in the commercial requirements. Eight members of the Planning and
Zoning Commission voted yes to recommend to the City Council approval of the
revisions. The revisions to 10-5-23 are ready for City Council action.
Councilmember Anderson asked about the procedure for figuring parking. There
are two opinions of when parking is figured. Is parking figured when the building
permit is issued and not for a business license? Or, does parking go with the
business and not the building? City Administrator Bruce Rose advised the policy
is to review parking at both phases and the staff will sign off the parking at both
phases. Council member Anderson stated that everyone should understand
parking is for the business and not the building. As a business grows, the
ordinance should provide an option to look at the parking.
Council member Anderson had concern with the revisions to 10-5-23 (A) 1 "When
it can be shown that adequate parking space existed based on the ordinance in
effect at the time the original or subsequent building permit was issued." It was
suggested a change to read "When it can be shown that adequate parking space
existed based on the ordinance in effect at the time the current business license
was issued." Engineer Manwill called attention to the introductory paragraph (A)
that states "may reduce or eliminate the requirements for off-street parking."
Councilmember Folsom recommended discussing the City Council suggestions
with the individuals who wrote the ordinance.
Regarding 10-5-23 (D) 1, Councilmember Anderson questioned listing the zones.
When a new zone is added, it would require a change to the ordinance if the
zones are listed. Item (D) 1 (a) iii should read "Three (3) or more bedroom units
shall provide two and one-half (2 1/2) parking spaces per dwelling unit." There
was a discussion on 10-5-23 (D) 1 (b) Location of parking space for dwellings.
The first line should be changed to parking "spaces". In the last two sentences
space should be changed to "spaces". Item (D) 2 (a) iv was discussed as to
whether or not to include the bold comment "(1/300 sq. ft. prior to 5-3-01
Ordinance #289)."
City Administrator Rose added, that the City Council may not be ready to pass the
ordinance. There are two options. The Council can make a motion and vote on
the ordinance contingent on the changes to be made. Or, the action can be
postponed for two weeks to allow time to perfect the wording of the ordinance.
After the changes are made the ordinance should be reviewed before it is
published. Chairman Hunsaker was dispatched to call another member of the
Planning and Zoning Commission to discuss the suggested revisions and
whether to proceed with adoption of the ordinance.
City Council Meeting, December 5, 2002 - Page 4
Ordinance to annex Well No.9 (Lot 2, Block 1 Bit 0' Heaven): The Planning
and Zoning Commission held a public hearing to consider annexation. It was
determined that the City Council does not need to hold a second public hearing.
Attorney Scott Hall advised that he had not seen any changes to the Restrictive
and/or Protective Covenants that George McDaniel was to provide the City. The
well is not running yet. There is a valve leaking, and the meter has not been
installed. The water test passed. It was determined that the City is not ready to
pass the annexation ordinance. The Council instructed City Administer Rose to
follow through on the unfinished details. Attorney Hall recommended that a letter
be sent to George McDaniel.
Ordinance regarding appointment of City Officials and bonding provisions:
There was a discussion on what positions are classified as appointed officials
and whether to adopt an ordinance to add City Administrator as an appointive
position. Council member Anc:jerson inquired about bonding for appointive
positions. The Idaho Code requires bonding up to the level agreed upon by the
City Council and the dollar amount of the bond is to be set by ordinance. The
proposed ordinance does not specify a bond amount. Our bonding is handled
through Idaho Counties Risk Management Program (ICRMP). Some of the
Council members were of the opinion that we no longer need to specify a bond
amount. Attorney Scott Hall advised to table action on the new ordinance to
allow him time to check the State statutes on bonding requirements.
Councilmember Anderson reported on attendance at a meeting of about two
hundred emergency responders from Madison County to Idaho Falls. The
purpose of the meeting was to try to create a regional emergency response
organization.
Chairman Hunsaker returned to report on the intent of the Planning and zoning
members when the parking and loading area ordinance was written. The City
Council still had concerns. It was recommended that the ordinance be sent to
Planning and Zoning to be edited. The revisions suggested by the City Council
were reviewed to insure that Planning and Zoning addressed all the concerns. It
was recommended that Councilmember Anderson work with Tom Hunsaker and
Ron Folsom of Planning and Zoning. Action on the ordinance was deferred until
the language is corrected.
Site Plan Ordinance: Chairman Hunsaker explained the Planning and Zoning
Commission's recommendation for the site plan review. The ordinance as
drafted by the attorney was discussed. Councilmember Anderson recommended
an addition that all the recommendations to the site plan shall be in writing and
attached to the final site plan. It was decided to act on the ordinance contingent
upon the addition.
City Council Meeting, December 5, 2002 - Page 5
Ordinance No. 315 was read by title, AN ORDINANCE PROVIDING FOR THE
ADDITION OF SECTION 13, CHAPTER 29, TITLE 10 OF THE CODIFIED
ORDINANCES OF THE CITY OF AMMON; PROVIDING FOR FINAL SITE
PLAN REVIEW PRIOR TO THE APPROVAL AND ISSUANCE OF BUILDING
PERMITS IN ALL NON-RESIDENTIAL ZONES AND IN ANY RESIDENTIAL
ZONE THAT ALLOWS APARTMENTS. ALSO PROVIDING THE
REQUIREMENTS FOR FINAL SITE PLAN DRAWINGS AND PROVIDING FOR
THE PERIOD OF VALIDITY OF APPROVED SITE PLANS AND PROVIDING
AN EFFECTIVE DATE with the addition of a sentence to 10-29-13 (B) that ALL
RECOMMENDATIONS SHALL BE IN WRITING AND ATTACHED TO THE
FINAL SITE PLAN.
Councilmember Anderson moved that the City Council dispenses with the rule
requiring the reading of the ordinance on three different days and that the three
readings be waived. Councilmember Waite seconded the motion. Roll call vote:
Anderson - Yes; Waite - Yes; Folsom - Yes. The motion carried.
Ordinance No. 315 was read by title. Council member Anderson moved the
adoption of Ordinance No. 315 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; Folsom - Yes. The motion carried.
Sidewalk ordinance: Chairman Tom Hunsaker explained that the Planning and
Zoning Commission reviewed whether or not to keep current sidewalk width
requirements of five (5) feet for sidewalks immediately adjacent to a street, but
reducing the width requirement to four (4) feet when a grassy or other strip of
land separates the sidewalk from the street. The general consensus was to keep
the five (5) feet requirement. There was also discussion about inadequate
sidewalk widths when a mailbox is mounted on the side of the sidewalk. The
Commission is considering adding a requirement that sidewalks maintain a
minimum four (4) feet clearance between the back of the mailbox and the back of
the sidewalk. The City Council did not recommend any changes to the present
sidewalk ordinance. Staff will make sure the developers adhere to the five (5)
feet requirement.
Proposed Title 10 Chapter 33 RE - Residence Estate Zone and revisions to
Title 10 Chapter 27 - OL Zone and Title 5 - Criminal Code Chapter 3 -
Animals: Chairman Tom Hunsaker discussed the recommendations of the
Planning and Zoning Commission. The Planning and Zoning Commission came
to a consensus that the word "agricultural" was inappropriate with the City. The
newly recommended name is "RE - Residence Estate Zone." No changes were
recommended to the proposed 1 0-33-2 or 1 0-33-3 (A).
City Council Meeting, December 5,2002 - Page 6
There was a discussion on the area used for the dwelling, width requirements,
location of buildings, setback, front yard, side yard, and rear yard requirements.
The proposed ordinance specifies a height requirement for buildings of two
stories or twenty-one (21) feet. This is a debatable requirement.
The City Council discussed the proposed revisions to and the possible
elimination of the OL zone. Where feasible the RE zone will be used in
preference to the OL zone. The Commission concluded changing the number of
animals and fowl allowed in existing overlay zones would constitute a taking, so
for these properties the numbers won't be changed.
The Commission wants the number of animals allowed in the new RE zone and
any future granting of the OL zone to be the same. The Commission generally
favors allowing one animal for the first acre, with one additional animal for each
additional half acre. Fowl and small animals, such as rabbits, should be limited
to a maximum of 20 per lot. The Planning and Zoning Commission and the City
Council need to do homework on the details of the RE zone, the OL zone, and
the Criminal Code as it pertains to animals.
The 2002 Legislature passed HB 586a. The new law provides that as of January
1, 2003, all cities and counties that choose to have building codes will need to
adopt the 2000 International Building Code, the International Residential, and
the 2000 International Energy Conservation Code. The City of Ammon should
take action to adopt an ordinance to comply with the new law. Attorney Scott
Hall, City Administrator Bruce Rose, and City Clerk Aleen Jensen were instructed
to work out details.
Councilmember Waite reported that the Planning and Zoning Commission set
Tuesday, January 7, 2003, for their Annual Appreciation Dinner at 6:30 p.m. at
Sol Rio. The next Planning and Zoning business meeting will be in February.
Claims were approved. Councilmember Anderson moved to adjourn the
meeting, and Councilmember Waite seconded the motion. The meeting was
adjourned at 9:45 p.m.
Councilmember Leslie Folsom
Attest
City Clerk