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01182007CouncilMinutesCITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JANUARY 18, 2007 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, January 18, 2007 CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. A.Pledge of Allegiance – Councilmember Waite B.Prayer – Councilmember Bean MINUTES: December 7, 2006 – December 21, 2006 ITEMS FROM MAYOR: CONSENT AGENDA: Attached PUBLIC HEARINGS: 1. Variance Request – T-Mobile Cell Tower co-location PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Annexation and Initial HC-1 Zoning and Re-zone RPA to HC-1 – Maverik Store 2.Preliminary Plat/Final Plat/Preliminary Site Plan – Maverik Store 3.Preliminary Plat/Final Plat/Development Agreement-Cottonwood Hills Estates Div. #4 4.Preliminary Site Plan – White Pines Charter School Permanent Building 5.LaSalle Group Annexation Agreement and Ordinance #422 6.Amendments to City Code 7.Ordinance #423 Amending Hawkes Landing Ordinance #413 DISCUSSION ITEMS: 1. Misc. MINUTES The meeting was called to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: City Officials Present: Mayor Bruce Ard Councilmember Lee Bean (left at 9:45 pm) Councilmember Randy Waite Councilmember Rex Thompson Councilmember Dana Kirkham (appeared at 7:45 pm) City Attorney Scott Hall City Planning Director Ron Folsom City Engineer Bill Manwill City Administrator Bruce Rose City Clerk Leslie Folsom City Officials Absent: None Councilmember Waite led the Pledge of Allegiance to the Flag and Councilmember Bean offered the prayer. City Council Minutes 1/18/2007 -- 1 MINUTES: December 7, 2006 and December 21, 2006 - Councilmember Thompson suggested a change to the December 7, 2006 “water fees” for item two on page two. Leslie Folsom noted the change. Councilmember Thompson motioned to approve December 7, 2006 and December 21, 2006 minutes. Councilmember Bean seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Waite – Abstained due to absence. The motion did not pass. Bruce Rose suggested to Mayor Ard we go back and revote for the minutes with Councilmember Kirkham so that we may have a quorum to approve the minutes. Mayor Ard agreed. Roll call vote: Councilmember Thompson – Yes, Councilmember Bean – Yes, Councilmember Waite – abstained, and Councilmember Kirkham – Yes. The motion passed. ITEMS FROM MAYOR: Mayor Ard explained we have three vacancies on the Planning and Zoning Committee. He suggested Scott Wessel, Quinn Simmons, and Bruce Cook. They would be taking Leslie Folsom, Steve Crandall, and Rodney Allen places. Councilmember Bean inquired if they are aware of the importance of attending the meetings. Mayor Ard said they understood. Councilmember Kirkham inquired on expirations. Ron responded Scott Wessel ends December 31, 2008, Quinn Simmons and Bruce Cook ends December 31, 2009. Councilmember Bean motioned to appoint the three nominees for Planning and Zoning Committee as discussed. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed. CONSENT AGENDA: CITY OF AMMON AMENDED CONSENT AGENDA Thursday January 18, 2007 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2007: 1.RENEWALBUSINESS LICENSE APPLICATION: A. The Snake River Montessori School - School B. Dance for Kids – Dance Instruction C.Aspen Ridge Eye Care - Optometry D.Sally Beauty Supply #2464 – Retail Beauty & Barber Supplies E.Staples – Retail of Office Supplies LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2007: RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1. A.Great Hunan Restaurant – Restaurant / Beer on premise MISC: 1. NON-COMMERCIAL KENNEL LICENSE: A. Gaylene and Reggie Turnage, 3110 Meadow Lane Ron explained the amendments to the Consent Agenda. Councilmember Waite motioned to approve the amended consent agenda. Councilmember Thompson seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion passed. PUBLIC HEARINGS: 1. Variance Request – T-Mobile Cell Tower Co-location: Planning Director Ron Folsom explained the location of the cell tower, behind Ameritel. Jared White, T-Mobile representative, explained they would be putting their antennas in the third port. The tower was constructed to support three carriers. They would use an extending arm versus a platform. He presented a picture of what the cell tower would look like to the Council. Councilmember Bean motioned to approve the variance request of T-Mobile Cell Tower Co-location as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None City Council Minutes 1/18/2007 -- 2 ACTION ITEMS : 1. Annexation and Initial HC-1 Zoning and Re-zone RPA to HC-1 – Maverik Store: Planning Director Ron Folsom explained the location is at the corner of Ammon and Lincoln Road where there’s a school adjacent to the property. The school has requested no accesses from the subdivision to the store to stop the kids from going there for lunch. Councilmember Kirkham inquired what Planning and Zoning’s recommendation was on this item. Ron Folsom explained it was to approve with no stipulations. Ron Folsom stated the annexation was publicized to go to the middle of Lincoln Road and Ammon Road. It was discussed by the Council whether or not we would want to annex part of the roads. Councilmember Bean commented the intersection may need to be developed later on and we need to take that into account. Councilmember Bean suggested a traffic study. The school may need to participate also with requesting a traffic study. Councilmember Bean motioned to approve annexation and HC-1 zoning and the re-zone from RPA to HC-1 with the agreement that Ammon Road is widened on the west side to match what Bridgewater is required to do in their subdivision, and Lincoln Road be widened for five lanes as well - each road being annexed to the center line. Ron Folsom suggested that the widening for Lincoln be done at the time of development of the second lot. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 2. Preliminary Plat/Final Plat/Preliminary Site Plan – Maverik Store: Planning Director Ron Folsom explained this is the same piece of property and presented the plats and site plan. Brad McDougal, representative for Maverik stores, explained they would develop Lot 2 first and Lot 1 will be vacant for now. When they spoke to the Arnold Family they did not want to sell a small piece, so they bought both lots. They are planning a 6 foot fence as required by the ordinance. They spoke to the school and will not be putting in an access to the property near the subdivision. He explained there is an 11 foot wide buffer landscape area. There will be trees planted every 30 feet to buffer the homes there. He explained there will be a picnic area with trees also. Scott Hall commented on needing 5 lanes between Lot 1 and 2 due to traffic, turning access and safety issues. Councilmember Bean agreed and explained the developer will have to recoup the cost of the road when they sell the other lot. Tom Hunsaker, Planning and Zoning, explained the recommendations made by Planning and Zoning. They would like to see the sidewalk continue and make the southern corner. Councilmember Bean said we need a traffic study done before we can approve a final site plan then we can determine what, if any, improvements need to be made to the intersection. Ron Folsom commented that BMPO may have the numbers. Councilmember Bean said we need a traffic study including the school, Bridgewater and the Maverik store. He suggested they get together with the school to do a traffic study to share the costs. Mayor Ard doesn’t want to have another Sunnyside situation. Bill Manwell suggested, when the school district comes in for the conditional use permit, that the council require them to bus any students that are not part of that section. Councilmember Kirkham motioned to approve the Preliminary Plat, Final Plat, and Preliminary Site Plan for Maverik Stores with the following conditions: 1) Traffic study be done before approval of final site plan, 2) The road be widened to the west of Lots 1 & 2 to 5 lanes, 3) Ammon Road be widened up to Bridgewater – 5 lanes (match what is there, 2 ½ from the center line). Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 3. Preliminary Plat/Final Plat/ Development Agreement – Cottonwood Hills Estates Division #4: Planning Director Ron Folsom explained the location of the property, directly East of Cottonwood Hills Division #1. It is designed specifically for a clubhouse/swimming pool area for the subdivision. Councilmember Kirkham stated we covered all the concerns in the annexation. Councilmember Kirkham motioned to approve the Preliminary Plat, Final Plat, and the Development Agreement for Cottonwood Hills Division #4. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 4. Preliminary Site Plan – White Pines Charter School Permanent Building: Planning Director Ron Folsom explained White Pines already had a preliminary plan approved, but since then they had to make a change due to construction costs. Ron explained the Fire Department will be recommending an additional 10 feet to the back so a fire truck would be able to pull in there and a fire hydrant on one side. Parking does meet requirements. Anita Ogden, Business Manager of White Pines School, explained she is here to represent White Pines along with Peggy Sharp, administrator, and Rod Black, a representative from the Board of Directors. Anita Ogden explained the property lines for White Pines and the location of the school. Councilmember Thompson inquired as to the reasoning for the placement of the school on the property. He questioned the zoning west of the school. Tom Hunsaker explained what our ordinance reads in regards to how far the building needs to sit back. Anita Ogden City Council Minutes 1/18/2007 -- 3 explained it is a one story building around 15 feet high. If it is 24 feet tall, they would need an 18 foot side yard - the side yard is currently 20 feet. Councilmember Thompson inquired as to the parking policy and traffic for drop off/pickup. Anita Ogden explained this plan gives more room for drop off/pickup. Anita Ogden explained the fence was drawn wrong and they would not want the fence as long as it shows. They also have to allow the Irrigation District to do ditch maintenance and the fence would hinder them. Councilmember Thompson noted the biggest change from the last plan to this one was the fire exit and thinks it would be good to still have that exit. It was discussed most grade schools have two accesses. It was discussed to make a stipulation to have a fence at a later time to separate the school from residential. Council inquired if the school plans to fence the area. Anita Ogden explained they have not discussed it, but if it goes commercial, they would most likely want to fence the area. Councilmember Waite inquired where the busses would load and unload. Anita Ogden explained two options for bus routes; they would not be the same for the pickup/drop off spot. Ben Ball, 700 Tiebreaker, he is concerned about the traffic flow with the frustration of the traffic backing up onto John Adams Parkway. He owns Trailblazer Development and is in talks with Suitters on possibly developing some residential on the west side of this property. He inquired to the responsibility that White Pines would have to share in the expense to improve the roads for Curlew to John Adams. Councilmember Bean explained that they would only be responsible for the section abutting the road. Melissa Ball, 700 Tiebreaker, is concerned about the traffic flow on Tiebreaker and no crosswalks. Children are cutting through Katie Court on properties that are not fenced and being picked up on Tiebreaker. Traffic is not only flowing heavily through Tiebreaker, but stopping due to parents picking these children up there. Anita Ogden explained this building is beyond the capacity they need. They want to remain a small school. Their charter is 410 students; however, they do not want to be capped as each student brings in $4000 in revenue. The current population is 333 with a capacity of 338. Councilmember Kirkham explained we are making an exception because they are a charter school, as they most likely would not do for District #93. Anita Ogden explained she just did not want to see a permanent cap. She would like at ability to approach the Council at a later date to expand if needed, but for now if they made the 410 limit that would be okay. She would like the option to approach them if the financial need dictates it. Councilmember Kirkham stated her main concern is safety and getting 410 students out of the school in time. Ron Folsom commented the property that butts up against the school is currently owned by White Pines. It was gifted to them from Robert Suitter. There is a quit claim deed to give it to the City being worked on today, but as of today it is the property of White Pines. Councilmember Kirkham commented she knows the school is on a tight budget, but inquired if they agree it would be safer for the kids with a second access to the school. Councilmember Bean commented he would like to be consistent, and is also sympathetic to the school, but where they own the property they can develop on that property. He doesn’t know what the cost would be to put an access there. It was discussed whether it would be gravel or asphalt. Councilmember Thompson motioned to approve the modified Site Plan for White Pines Charter School with the following conditions: 1) The school put Backhand Road across the ditch, 2) Access to the north side of their school, gravel on their property, but on the easement it needs to be paved. Councilmember Bean disagreed; he doesn’t think it needs to be paved where they are deeding property to us. Councilmember Bean suggested some kind of blockade to discourage anyone from using it – only for emergency use. Councilmember Thompson changed his motion to approve the modified Site Plan for White Pines Charter School with the following conditions: 1) The school put Backhand Road across the ditch, 2) Modify site plan with the old fire exit on the original site plan. Councilmember Bean seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Bean – Yes, Councilmember Waite – yes, and Councilmember Kirkham – Yes. The motion passed. 5. LaSalle Group Annexation Agreement and Ordinance #422: Planning Director Ron Folsom explained the annexation agreement had no changes. The green space was discussed by the Council. Ron Folsom stated he would add a note for the parks and trails to the agreement. Councilmember Bean motioned to approve the annexation agreement of the LaSalle Group. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. Councilmember Bean read Ordinance #422, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND 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 City Council Minutes 1/18/2007 -- 4 TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE by title and DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. (The LaSalle Group) motioned that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed. Councilmember Bean read Ordinance #422, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND 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 by title and motioned that the City Council adopt Ordinance #422 as an ordinance OF SAID LANDS. (The LaSalle Group) of the City of Ammon on this third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed. 6. Amendments to City Code: Planning Director Ron Folsom explained the amendments are for clarifying expiration dates on licenses, if it stated a dollar amount in a fee then we changed so it would be set by resolution by the Council, etc. There are four specific areas. In Chapter one, we take out the year. In Chapter nine, certain officials have to have a bond and/or insurance – we added the Mayor, City Council and employees in this. Business license procedure was changed - explaining the departments that it goes to. The expiration dates were changed to expire one year from date of issue. The license fee was changed to be set by the Council. Bartender & Massage licensing was amended. Leslie Folsom asked Ron Folsom to make sure change that an investigation is done every year on the bartender license was in there. Ron said yes. Councilmember Bean excused himself from the remainder of the meeting at 9:45pm. The Bond for the Itinerant Vendor was discussed and suggested to change it to $100 rather than $1000 or to strike it from City Code. Scott Hall stated the reason for it was due to insects, etc being brought in. There are exclusions with religious groups, students, garage sales, etc. It was discussed whether Peach sellers would have to get a bond. Councilmember Kirkham suggested we strike the bond and agreed to by Council. Ron Folsom stated mobile vendors are limited to three months in the resolution, but one year in our ordinance, so it was left at one year. Animal impoundment is changed to $29 impound fees plus $19 per day. Firework stands need to have bond and insurance and have it required with license application was suggested as a change. It was discussed to leave it at $100,000. Fire inspection was taken out because it is in the Fire Code. “Fire Chief” was designated. Ron Folsom stated he added a section on daycares to license daycares and expires after one year. st Ron Folsom stated we will schedule a hearing for February 1. Councilmember Kirkham motioned to approve the amendments to the City Code which includes the bartender and massage investigation fee and the others as they have been presented. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 7. Ordinance #423 Amending Hawkes Landing Ordinance #413: Planning Director Ron Folsom stated this item was tabled due to an error found by the State and also one he found. DISCUSSION ITEMS : 1. Misc.: City Administrator Bruce Rose stated we got a preliminary title report on the proposed park in Woodland Hills. There is some deed restrictions on the property carried over from the previous owner. The language in the deed is what causes some concern. Bruce Rose proposed we get a preliminary title report before we get property donated to us to eliminate problems like this. Jay Johnson will be contacting the church to see how language can be changed. Bruce Rose asked for Council’s guidance on some utility issues. A utility bill is in question as to when the bills were sent out. We are sure they were mailed out on time, but some are saying they did not receive them until they were due and they would like their late charge waived. The position we’ve taken, administratively, is that if we know we sent it out on time then we will not waive the fee. Councilmember Kirkham noted that they should know when their bill is due anyway - the mailing of a statement is a courtesy. Bruce Rose advised that Foxboro would like their late fee waived. Council determined to continue the regular practice and charge Foxboro their late fee. Leslie Folsom noted Hawkins Smith paid the $8300 that was due in 2006, they are asking if they can do half of the remaining balance because they have to pick up the whole bill and will not be able to recoup from their tenants. Council determined half was sufficient. She has not heard from Regal on the issue or Wal-Mart. The rest have been fairly receptive. City Council Minutes 1/18/2007 -- 5 The meeting was adjourned to Executive session at 10:25 pm. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 1/18/2007 -- 6