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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