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Council Minutes 07/01/2004 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JULY 1,2004 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 Councilmember W. Lee Bean Councilmember Randy Waite Councilmember Rex Thompson City Attorney Scott Hall City Administrator Bruce Rose City Planning Director Ron Folsom City Engineer Bill Manwill City Clerk/Treasurer Diane Gempler Councilmember Bean led the Pledee of Alleeiance to the Flae and, Councilmember Thompson offered a prayer. Items from Mavor: Mayor Ard extended an invitation from the Rexburg and Idaho Falls Chamber(s) of Commerce to attend a tour and dinner by any members of the council and their spouses who desire to attend. Anyone desiring to attend need to RSVP. Consent Aeenda: Councilmember Bean motioned to approve the Consent Agenda. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. ACTION ITEMS: Kartchner Rezone Ordinance: City Administrator Bruce Rose reported that the Council voted at their June 24, 2004, meeting to approve the requested rezone. In addition, Mr. Rose reported that he had failed to provide a letter to the Council with comments regarding the requested rezone from Mr. Morse, when the matter was brought off the table toward the end of that meeting. Copies of the letter were provided to the Council. Councilmember Bean read Ordinance No.347. 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. Beginning at a point that is N.00030' 17"E. 45.00 feet along the North-South center line of Section and N.89029'43"W. 350.04 feet and N.00027' 13"E. 800.00 feet from the South One-Quarter Comer of Section 15, Township 2 North, Range 38 East of the Boise Meridian and running thence N.89029'43"W. 795.63 feet; thence N.50041 '56"W. 356.07 feet; thence N.26045'1O"E. 169.14 feet; thence N.44~3'34"E. 152.76 feet; thence N.72046'16"E. 385.20 feet; thence N.65020'20"E. 212.05 feet; thence N.47037'27"E. 36.31 feet; thence S.26035'05"E. 366.50 feet; thence S.42020'52"E. 205.70 feet; thence S.00027' 13"W. 240.00 feet to the point of beginning, containing 11.844 acres. Beginning at a point that is N .0~7' 12"E. 401.89 feet along the East line of the Southwest 1/4 and N.89029'43"W. 130.00 feet from the South 1/4 Comer of Section 33, Township 2 North, Range 38 East of the Boise Meridian; running thence N.89029'43"W. 60.00 feet; thence N.0027' 12"E. 862.78 feet; thence N.89029'43"W. 74.45 feet; thence NAOOOl , 19"W. 485.23 feet to the Southeasterly bank of the Sand Creek Canal; thence along said canal bank, the following three courses: N.47037'19"E. 45.58 feet; thence City Council Minutes 07/01/2004 - I N.36021 '49"E. 143.22 feet; thence N.24035'54"E. 65 l.l 8 feet; thence S.65024'06"E. 71.92 feet; thence S.0027'12"W. 1943.78 feet to the POINT OF BEGINNING. CONTAINING: 7.66 acres. Beginning at a point that is N.O~7' 12"E. 45.00 feet along the East line of the Southwest 1/4 and N.89029'43"W. 290.00 feet from the South 1/4 Comer of Section 15, Township 2 North, Range 38 East of the Boise Meridian; running thence N.0027' 12"E. 266.81 feet to a point of curve having a radius of9O.00 feet and a 127.34 foot long chord bearing N.45023'44"E.; thence to the right along said curve 141.45 feet, through a central angle of90003'05"; thence S.89029'43"E. 9.92 feet; thence N.0027' 12"E. 862.78 feet; thence N.89029'43"W. 74.45 feet; thence N.40001 '19"W. 485.23 feet to the Southeasterly bank of the Sand Creek Canal; thence S.47037'23"W. 104.92 feet along said canal bank; thence S.26035'05"E. 366.50 feet; thence S.42~0'52"E. 205.70 feet; thence S.O~7'13"W. 1040.00 feet; thence S.89029'43"E. 60.00 feet to the POINT OF BEGINNING. CONTAINING: 5.44 acres. Beginning at a point that is N.00027'12"E. along the North-South Center Section line 401.89 feet from the South 1/4 Comer of Section 33, Township 2 North, Range 38 East of the Boise Meridian; running thence N.89029'43"W. 130.00 feet; thence N.00027' 12"E. 1943.78 feet; thence N.65024'06"W. 71.92 feet to the Southeasterly bank of the Sand Creek Canal; thence N.24035'55"E. along said Southeasterly bank of the Sand Creek Canal 478.24 feet to said North-South Center Section line; thence S.00027' 12"W. along said North-South Center Section line 2409.71 feet to the POINT OF BEGINNING. CONTAINING: 6.89 acres by title and motioned to dispense with the rule requiring three readings of the Ordinance Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Bean read Ordinance No. 347, 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. Beginning at a point that is N.00030' 17"E. 45.00 feet along the North-South center line of Section and N.89029'43"W. 350.04 feet and N.00027' 13"E. 800.00 feet from the South One-Quarter Comer of Section 15, Township 2 North, Range 38 East of the Boise Meridian and running thence N.89029'43"W. 795.63 feet; thence N.50041 '56"W. 356.07 feet; thence N.26045'IO"E. 169.14 feet; thence N.44023'34"E. 152.76 feet; thence N.72046'16"E. 385.20 feet; thence N.65~0'20"E. 212.05 feet; thence N.47037'27"E. 36.31 feet; thence S.26035'05"E. 366.50 feet; thence S.42020'52"E. 205.70 feet; thence S.00027' 13"W. 240.00 feet to the point of beginning, containing 11.844 acres. Beginning at a point that is N.0027' 12"E. 401.89 feet along the East line of the Southwest 1/4 and N.89029'43"W. 130.00 feet from the South 1/4 Comer of Section 33, Township 2 North, Range 38 East of the Boise Meridian; running thence N.89~9'43"W. 60.00 feet; thence N.0~7'12"E. 862.78 feet; thence N.89029'43"W. 74.45 feet; thence N.40001 '19"W. 485.23 feet to the Southeasterly bank of the Sand Creek Canal; thence along said canal bank, the following three courses: N.47037' 19"E. 45.58 feet; thence N.36021 '49"E. 143.22 feet; thence N.24035'54"E. 65 l.l 8 feet; thence S.65024'06"E. 71.92 feet; thence S.0~7'12"W. 1943.78 feet to the POINT OF BEGINNING. CONTAINING: 7.66 acres. Beginning at a point that is N.0027' 12"E. 45.00 feet along the East line of the Southwest 1/4 and N.89029'43"W. 290.00 feet from the South 1/4 Comer of Section 15, Township 2 North, Range 38 East of the Boise Meridian; running thence N.0027' 12"E. 266.81 feet to a point of curve having a radius of 90.00 feet and a 127.34 foot long chord bearing N .45023' 44"E.; thence to the right along said curve 141.45 feet, through a central angle of90003'05"; thence S.89029'43"E. 9.92 feet; thence N.0027' 12"E. 862.78 feet; thence N.89~9'43"W. 74.45 feet; thence N.40001 '19"W. 485.23 feet to the Southeasterly bank of the Sand Creek Canal; thence S.47037'23"W. 104.92 feet along said canal bank; thence S.26035'05"E. 366.50 feet; thence S.42020'52"E. 205.70 feet; thence S.0027' 13"W. 1040.00 feet; thence S.89029'43"E. 60.00 feet to the POINT OF BEGINNING. CONTAINING 5.44 acres. Beginning at a point that is N .00027' 12"E. along the North-South Center Section line 401.89 feet from the South 1/4 Comer of Section 33, Township 2 North, Range 38 East of the Boise Meridian; running thence N.89029'43"W. 130.00 feet; thence N.00027' 12"E. 1943.78 feet; thence N.65024'06"W. 71.92 feet to the Southeasterly bank of the Sand Creek Canal; thence N.24035'55"E. along said Southeasterly bank of the Sand Creek Canal 478.24 feet to said North-South Center Section line; thence S.00027' 12"W. along said North-South Center Section line 2409.71 feet to the POINT OF BEGINNING. CONTAINING: 6.89 acres City Council Minutes 07/01/2004 - 2 by title with the stipulation that within the R2-A zone granted, a maximum of9.0 living units per acre may be constructed and motioned to adopt Ordinance No. 347 on its third and final reading. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Ricks Farm Division #1- 9th Amended Plat: Councilmember Bean informed the Council that upon review of the Annexation Agreement, that the Council cannot require contribution towards improvements on Sunnyside without violating the Annexation Agreement. He recommends the Council approve the Amended Plat. Craig Hildebrandt, representing the developer, Hawkins-Smith, concurred with Councilmember Bean's recommendation. The Council discussed stipulating additional conditions within a development agreement that are not contained in the annexation agreement governing a property. Councilmember Thompson motioned to table the Ricks Farm Division #1- 9th Amended Plat for further discussion at a Council work session. Councilmember Anderson seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Cottal!es #6 Final Plat and Development Al!reement: City Planning Director Ron Folsom reported that this plat and, development agreement stipulating that the developer would provide for Cabana Drive to be constructed to the east boundary of the property at such time as a building permit is applied for on the second lot, was approved at the June 24, 2004, meeting. The applicant has indicated that the cost of the street makes moving forward with the project economically unfeasible. George McDaniels and Robert Beck presented their position and answered the Council's questions regarding their plans for the property. They have access to a used bridge, which has been inspected and approved by the City Engineer, for a much lower cost than a new bridge. The Council discussed the issue of constructing Cabana Drive through the right-of-way when application for building permit on the second lot is made with Mr. Mcdaniels and Mr. Beck. Consideration was given to the need for a street or cul-de-sac to allow emergency and service vehicles to turn around. Mr. McDaniels and Mr. Beck requested the discussion be tabled while they discussed the Council's position. White Pines Charter School - Buildinl! Permit & Landscapinl!: City Administrator Bruce Rose reported that White Pines Charter School has applied for a building permit to add another modular building to the property. At this time, however, landscaping that was required to be in place by July 1,2004, has not been completed. The Council directed Mr. Rose to hold issuance ofthe building permit until such time as the landscaping requirements have been met. Cottal!es #6 Final Plat and Development Al!reement: George McDaniels and Robert Beck addressed the Council and clarified the Council's requests. They have decided to accept the Development Agreement as previously approved by the Council. Miscellaneous Discussion Items: Mayor Ard reported that the Blatters have chosen to apply for a building permit to construct single family dwelling. They are requesting the City to participate in the cost of water and sewer lines from the City's main lines to the property line. The Council concurred that such participation in cost would set a precedence that would require such participation in the future. City Administrator Bruce Rose reported that in a project to rebuild the church parking on Central, TMC Contractors removed a IS-foot by 75-foot length of the street. TMC Contractors has offered to give the City a discount if they contribute to full rebuild of the section of street. The City is planning to rebuild that section of Central but has not budgeted to do so in the current budget. The Council instructed staff to inform TMC Contractors that they are not interested in upgrading the street at this time. City Administrator Rose addressed the Council regarding gravel on the streets in subdivisions without curb and gutter. The City does not sweep the streets with drainage swales. They have cut weeds City Council Minutes 07/01/2004 - 3 along streets as time has allowed. There have been complaints from citizens about weeds in the right-of- ways and neighbors not maintaining their yards. There have also been an increasing number of signs being posted in right-of-ways. In addition, there are increasing numbers of homeowners placing large rocks in the right-of-ways along the edges of their lawns. Staffhas taken pictures of number of the properties and several owners have already been contacted. Staff was directed to continue enforcement efforts in keeping right-of-ways free of such hazards. Site obscuring trees also need to be addressed. Councilmember Bean motioned to adjourn. Councilmember Anderson seconded. Meeting adjourned at 9:35 p.m. ~w_~~ . , yor ~~~._---) t ~ '~~~~/Q'-1 Diane B. Gempler, City C erk/Tre UTer City Council Minutes 07/01/2004 - 4