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Council Minutes 04/15/2004 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, APRIL 15,2004 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 Administrator Bruce Rose City Attorney Scott Hall City Engineer Bill Manwill City Planning Director Ron Folsom City Clerk/Treasurer Diane Gempler Planning & Zoning Chairman Doug Willden Planning & Zoning Commission Member Tom Hunsaker Councilmember Anderson led the Plede:e of Allee:iance to the Flae: and, Councilmember Bean offered a praver. Minutes - Aprilt. 2004: Councilmember Anderson motioned to approve the Aprill, 2004, minutes, including discussion that the concession stand agreement will not be exclusive in 2005. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean -- Yes. The motion carried. Consent Ae:enda: Councilmember Bean motioned to approve the Amended Consent Agenda. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite- Yes, Councilmember Anderson - Yes, Councilmember Thompson -- Yes. The motion carried Public Hearine:s: None Mayor Ard recognized the Boy Scout in attendance and, had him introduce himself to the Council and indicate the merit badge they are working towards. ACTION ITEMS: Special Use Permit - LDS Church. Centennial Ranch: Notice of the Hearing was published in the Post Register on March 23 and March 30,2004. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the property right-of-way proposed to be vacated and, to other parties of interest. The public hearing was held before the Planning and Zoning Commission on April 6, 2004. City Planning Director Ron Folsom presented slides of the property and proposed site plan. The property is located in Centennial Division #16, East ofthe railroad tracks and south of John Adams Parkway. Planning and Zoning voted unanimously to recommend approval of the permit. Councilmember Anderson motioned to waive a second public hearing before the City Council. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean -- Yes. The motion carried. Councilmember Anderson motioned to approve the requested Special Use Permit for the LDS Church in Centennial Ranch Division #16. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Site Plan - LDS Church. Centennial Ranch: City Planning Director Ron Folsom presented slides ofthe property and proposed site plan. The property is located in Centennial Division #16, East of the railroad City Council Minutes 04/15/2004 - 1 tracks and south of John Adams Parkway. Planning and Zoning voted to recommend approval of the Site Plan as presented, noting that the final site plan needs to be carefully scrutinized with regard to total available seating area and parking requirements. Review of the further information provided by Nielson- Bodily indicates 48 additional parking spaces will be needed to meet City Code. Tom Hunsaker requested the Council's guidance in interpreting the minimum code requirement for the church. Calculations based on square footage and fixed seating as defined in the code indicates a need for 238 parking spaces, the site plan shows 187. Scott Neilsen, Neilsen-Bodily, addressed the Council indicating that the church is willing to make some adjustments. However, experience indicates that the sufficient parking is included in the plan as submitted. The Council discussed the parking requirement and, the potential parking needed for the building. Councilmember Bean motioned to approve the Preliminary Site Plan for the LDS Church in Centennial Ranch Division #16 with the requirement that the parking be increased to a minimum of200 spaces. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Site Plan - LDS Church. Trailwood: City Planning Director Ron Folsom presented slides of the property and previously approved site plan. The property is located in Trailwood Division #2, West of Curlew and south of John Adams Parkway. The preliminary Site Plan was previously approved by the City Council. Mr. Folsom brought the Site Plan back before the Council as it shows 195 parking spaces and Code for this building also requires 238 parking spaces. Planning and Zoning was directed by the council to sign off on the Final Site Plan for the Trailwood LDS Church as is. Ri!!ht-of-Wav Vacation - 21s1 South and Foothill Drive: Notice of the Hearing was published in the Post Register on March 23 and March 30,2004. Notice of the hearing was also mailed to property owners within five hundred (500) feet ofthe property right-of-way proposed to be vacated and, to other parties of interest. The public hearing was held before the Planning and Zoning Commission on April 6, 2004. The Commission voted unanimously (with one abstention due to conflict of interest) to recommend the Council approve the requested right-of-way vacation. City Planning Director Ron Folsom presented slides of the property and vicinity. The property is located in the Quail Ridge Addition to the City, west of Foothill Drive and north of 21 sl South. The vacation of Right-of-Way is being requested by the developer as it will not be needed by the City in the future for roadway. Councilmember Waite motioned to approve the right-of-way vacation as requested. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean- Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Mesa/Loma Annexation and Initial RP Zonin!!: Notice ofthe Hearing was published in the Post Register on March 23 and March 30, 2004. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the property proposed to be Annexation with Initial RP zoning and, to other parties of interest. The public hearing was held before the Planning and Zoning Commission on April 6, 2004. The Commission voted unanimously (with one abstention due to conflict of interest) to recommend the Council approve the requested annexation and initial RP zoning. City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located South of the Quail Ridge Addition to the City of Ammon and North of Sunnyside Road at the South end of Foothill Drive. Adjacent properties are zoned RP. The requested zoning is compatible with the comprehensive plan. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the request for the developer. Councilmember Anderson motioned to waive a second hearing before the City Council. The motioned died due to lack of a second. Councilmember Anderson motioned to table the Mesa Lorna Annexation with Initial RP Zoning for discussion at a future meeting. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. City Council Minutes 04/15/2004 - 2 Woodland Hills #4 Final Plat & Develooment Ae:reement: City Planning Director Ron Folsom presented slides of the Site Plan, vicinity and zoning. The Property is located South of Township Road and East of Ammon Road in the Woodland Hills Addition to the City of Ammon. Planning and Zoning voted unanimously to recommend the Council approve the plat as presented. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, addressed the Council indicating that the developer is seeking approval of the final plat at this time to allow construction of the streets, providing alternative access to division #3. Councilmember Bean motioned to approve the Woodland Hills #4 Final Plat as presented and. the Development Agreement with SCl removed. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Cottae:es #5 Preliminary Plat: City Planning Director Ron Folsom presented slides ofthe preliminary plat, vicinity and zoning. The Property is located South of21'I South, consisting of the newly annexed portion of the Cottages Addition. The Planning and Zoning Commission voted unanimously to recommend approval of the Cottages #5 Preliminary Plat, with the further recommendation that the Council consider requiring the developer to participate in the cost of construction of a bridge across the canal and, requiring a performance/guarantee bond by the developer for the streets. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, answered Council questions regarding the proposed preliminary plat. The Council discussed the recommendations made by the Planning and Zoning Commission. Councilmember Bean motioned to approve the Cottages #5 Preliminary Plat with the stipulations that the developer pay ~ of the cost of a canal bridge, dollar amount to be specified in the Development Agreement; and, a list of approved contractors for street improvements to be specified in the Development Agreement. Councilmember Waite seconded. Roll call vote: Councilmember Bean- Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Meadowlark Estates 2nd Amended Plat: City Planning Director Ron Folsom presented slides of the preliminary plat, vicinity and zoning. The Property is located South along 17th Street between Heather Lane and Midway. The Amended Plat consolidates the existing platted lots. The Planning and Zoning Commission voted unanimously to recommend the Council approve the amended plat as presented. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering answered the Council's questions regarding the amended plat. Councilmember Bean motioned to approve the Meadowlark Estates #2 Amended Plat. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite- Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Gree: Johnson/Ammon Elevator Site Plan: City Planning Director Ron Folsom presented slides of the proposed site plan, vicinity and zoning. The Property is located along the West side of the Railroad tracks and South of Sunnyside (the Ammon Elevators). The Planning and Zoning Commission voted unanimously to recommend the City Council approve the Preliminary Site Plan Alan Cunningham, Mountain River Engineering answered the Council's questions regarding the proposed Site Plan. Councilmember Bean motioned to approve the Greg Johnson! Ammon Elevators Preliminary Site Plan as presented. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Ene:ineerine: Services Ae:reement: City Administrator Bruce Rose reported that further discussion has occurred with regard to the Engineering Services Agreement. City Attorney Scott Hall reported that Mountain River Engineering administration has indicated that they do not carry errors and omissions insurance as outlined in paragraph 4 of the proposed agreement. Alan Cunningham of Mountain River Engineering addressed the Council regarding the proposed engineering services agreement. Mountain River Engineering carries professional liability insurance, however, errors and omissions coverage is not included. Mountain River Engineering is requesting that paragraph 4 be deleted from the agreement. The Council discussed the proposed change to the agreement. City Council Minutes 04/15/2004 - 3 Councilmember Thompson motioned to approved deletion of Paragraph 4, Page 3 of the Engineering Services Agreement and authorize Mayor Ard to sign the agreement. Councilmember Waite seconded. Roll call vote: Councilmember Thompson- Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The motion carried. Steve Westel1!ard Retail Store Site Plan: City Planning Director Ron Folsom presented slides of the preliminary plat, vicinity and zoning. The Property is located along the east side ofHitt Road, West of Sandcreek and, South of the planned John Adams Parkway. The Planning and Zoning Commission voted unanimously to recommend the Council approve the preliminary site plan with the stipulation that the entrances to the property be consolidated into one curb cut to the east ofthe center of the John Adams frontage. Mr. Folsom reported that discussions between the developer and Robert Suitter has led to an agreement that Mr. Westergard will allow access to the property South of the proposed site plan through the parking area. The agreement will provide for further development of properties along Hitt Road without requiring additional access onto Hitt Road. City Engineer Bill Manwill reported that as the access agreement has been reached, he is not opposed to Mr. Westergard locating the entrances to the property as previously presented to Planning and Zoning. Councilmember Bean motioned to approve the Steve Westergard Preliminary Site Plan as presented with the condition that ingress and egress is granted to properties to the South of Mr. Westergard's property. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Public Works Proiect Approvals: Ouail Ridl!e Drive Repairs: City Administrator Bruce Rose reported on the project proposed by Public Works to repair the drainage on Quail Ridge Drive. It is believed that the drainage culvert installed by the developer has been blocked, causing run-off to flow through the street. City Engineer Bill Manwill and Developer George McDaniels explained the background of the drainage problem to the Council. The various contributing factors were discussed. Tavlorview/Rich Lane Lift Station Cover Repairs: This item was left tabled. 17th Street Railroad Crossinl! Repairs: City Administrator Bruce Rose reported that Mountain River Engineering has completed a proposal and estimated cost for the repairs needed on 17th Street. Alan Cunningham presented estimates of$ 10,000-$ 15,000 to reconstruct approximately 60 feet on each side of the railroad crossing for construction, and approximately $3,500 for engineering services. Councilmember Bean motioned to move forward with the reconstruction of 17th Street on each side of the railroad crossing. Councilmember Anderson seconded. Roll call vote: Councilmember Bean- Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried Public Hearinl! Date for 2004-2005 FY Budl!et: Councilmember Bean motioned to set August 5, 2004, as the date for public hearing for the 2004-2005 fiscal year budget. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. IBSD "Review of Procedures": City Administrator Bruce Rose presented the auditors proposal for reviewing procedures. The Draft Agreement submitted by Galusha, Higgins and Galusha was reviewed by the Council. Councilmember Bean motioned to approve the agreement pending City Attorney Scott Hall's review and approval. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Resolution 2004-002 Soccer Field Fees: Councilmember Waite motioned to approve Resolution 2004-002 amending and revising the S~~er Fielg f~es. Councilmember Thomplion seconded. Roll call vote: City Council Minutes 04/15/2004 - 4 Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The motion carried. MISCELLANEOUS DISCUSSION: Larell Kent Proposal: Larell Kent asked the Council whether there are plans to extend Midway north of 17th Street. The Council discussed the possible extension of Midway and development of City owned property at the old ftre station site. Newsletter/E-mail Distribution List: Mayor Ard asked if the E-mail Distribution List used to send newsletters had been returned to the City office. Councilmember Anderson stated that the e-mail list is on the City computer system with the exception of addresses that have not been added. She will bring the written lists to the office. Councilmember Anderson reported on the AIC Spring District Seminar held on April 13th. She recommended that information provided regarding impact fees and other funding possibilities be reviewed by the Council. Councilmember Bean motioned to adjourn. Councilmember Waite seconded. Meeting adjourned at 11:55 p.m. ~ .:--------'" - -~ ' ::.:: \ _)L ,>~ Diane B. Gempler, City Clerk/Tre '? (/ '-- City Council Minutes 04/15/2004 - 5 ~: :,.. . MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: SCOTT R. HALL DATE: May 5, 2004 RE: Ex Parte Contact regarding site-specific land use decisions It has come to my understanding that members of the City Council have historically been assigned to work with and attend Planning and Zoning meetings. Last month, I provided to the Council, Mayor and to P & Z members an article from the Idaho Association of Cities. With Ammon growing quickly, I am very concerned about potential liability. I therefore wish to advise each of you further about ex parte communication and the essential needed to protect the City, the members of the Council, the Mayor and the P & Z members. A voiding ex parte contact rule serves to protect the objectivity of decisionmakers and the fundamental fairness ofthe land use decisionmaking process. Idaho Courts have ruled that site- specific land use decisions (such as rezones, variances, conditional use permits, and subdivision plats) are quasi-judicial in nature. As such, there are certain procedural requirements necessary to protect the due process rights of applicants and citizens. The single most important procedural requirements are that the decisionmaking body must be an impartial tribunal. Each of you acts as "judges." As "judges" each of you must be unbiased and scrupulously fair to both sides. The decisions making process must be based on testimony and evidence reflected in the record before P & Z and before the City Council. Ex parte communications occurs when decisionmakers discuss site-specific land use issues outside a public hearing. Ex parte communications will result in decisions being overturned by the courts. Ex parte communication presents a number or problems including; 1) a fact gathering session that is not preceded by notice to all parties concerned with the issue; 2) denying interested persons the ability to rebut testimony presented to decisionmakers; 3) creation of an atmosphere where decisionmakers ability to be fair and impartial is questioned; 4) less than a full record which prejudices the City's ability to substantiate its decision before a court; 5) a violation ofthe rule of law; etc. When approached by constituents wishing to discuss sit-specific land uses issues, members ofthe planning and zoning commission and city council and the Mayor must politely, but very firmly, tell the constituent that to protect the constitutional rights of all the parties involved, they cannot discuss site-specific land use issues outside of a public hearing. Citizens should be encouraged to come to the hearing or submit written testimony. If such communication does occur, it is imperative that the offending person states the names of all persons they have discussed the issues with and state the substance ofthe conversations on the record before the hearing. Without this disclosure, the Cities decision will almost always be overturned. In such event, the person should further recuse himself or herself from participating in any decision. Again there should be no discussion that is not in the public forum. Because staff employees are not decisionmakers, they should be the persons having general conversations with developers, constituents, etc., as they assist interested persons in the process. The City now has skilled persons who can assist with providing general information. These persons include the City Administrator, the City Planner, the City Building Inspector, and the City Engineer. Previously the City was small and had limited resources and a history was developed where P & Z members, Council members or the Mayor may have been called on to assist. Times have changed and we must protect the City, the Mayor, Council members and P & Z members. Abiding by the law is the only clear refuge.