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Council Minutes 02/16/2006 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 16,2006 The meeting was calIed to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the folIowing City Officials present: Mayor C. Bruce Ard Councilmember Lee Bean Councilmember Randy Waite Councilmember Rex Thompson Councilmember Dana Kirkham City Attorney Scott HalI City Administrator Bruce Rose City Engineer Bill Manwill City Planning Director Ron Folsom City Clerk/Treasurer Diane Gempler Councilmember Thompson led the Plede:e of Allee:iance to the Flae: and, Councilmember Waite offered a prayer. Minutes Februarv 2. 2006: Councilmember Waite motioned to approve the February 2,2006, Minutes. Councilmember Thompson seconded. RolI calI vote: Councilmember Waite - Yes, Councilmember Thompson- Yes, Councilmember Kirkham - Yes, Councilmember Bean - Abstain (absent). The motion carried. Items From the Mavor: Consent Ae:enda: Councilmember Kirkham motioned to approve the Consent Agenda. Councilmember Waite seconded. RolI calI vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried PUBLIC HEARINGS: PUBLIC COMMENT - ITEMS NOT ON AGENDA: None ACTION ITEMS: School District #93 Request for Extension of Conditional use Permit for Modular Units at Tiebreaker Elementarv: Roger Hill, 3497 N Ammon Road, the School District representative, addressed the Council requesting that the conditional use permit for modular units at Tiebreaker Elementary be extended through the fall of 2008. Councilmember Bean motioned to approve extension of the Conditional Use Permit for modular units at Tiebreaker Elementary until June 1,2008. Councilmember Kirkham seconded. Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Ratliff Rezone Request RI-A and PB to CC-l: Tom Hunsaker reported on the public hearing held before the Planning and Zoning Commission on February 1,2006. All of the residents on Leroy that border the property in question are opposed to rezoning any of the property north of John Adams. Planning and Zoning recommends rezoning a portion ofthe RI-A north of John Adams to PB and rezone a portion ofthe RI-A south of John Adams to CC-I. City Planning Director Ron Folsom presented slides ofthe current zoning, requested zoning and the recommendation made by Planning and Zoning. Gary Ratliff, the developer, addressed the Council. He indicated that CC-I south of John Adams is consistent with the Comprehensive Plan. They are willing to accept PB on the section north of John Adams. City Council Minutes 02/16/2006 -- I Jim Fletcher, 3354 Leroy, addressed the Council. He explained what the residents where hoping for in development south of their properties and their concerns with respect to the requested rezone. Five of seven property owners abutting the Ratliff property on the north were in attendance. Although the Planning and Zoning recommendation is not what they would choose, they would accept it as a well considered compromise. The Council discussed the request and proposed compromises, including the requirement that commercial development abutting residential homes require additional buffering, landscape strips, etc.. Councilmember Bean motioned to approve the Planning and Zoning recommendation ofPB and RI-A north of John Adams and, approve the CC-l zoning south of John Adams as requested by the developer. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Juniper Mountain/Kartchner Annexation Requests: City Planning Director Ron Folsom presented slides of the property and vicinity. There are two annexations: he first is the strip along the canal that was not included in the initial annexation. The second is 3.92 acres south and east of the initial annexation bordered by the canal. A Public Hearing was held before the Planning and Zoning Commission at their February 1, 2006 meeting. The Commission recommends approval of the requested annexations. The Council discussed the requested annexations. Councilmember Bean motioned to approve the Juniper Mountain annexation of the canal strip between the Cottages and initial Juniper Mountain annexation, with bridge requirement as in the initial annexation agreement. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Bean motioned to approve the Juniper Mountain annexation of3.92 acres. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Rockwell Rezone Request RI-A to R-2 - Nyles Circle Rie:ht-of-Way Vacation Request - Centennial Division #15 Is1 Amended Plat - Cherry Creek Preliminary Site Plan: City Planning Director Ron Folsom presented slides of the property and proposed plans for a condominium development. The developer is requesting rezone of two lots at the comers of Robison Drive and Nyles Circle from Rl-A to R2 and the vacation ofNyles Circle. The rezone and street vacation will allow amendment of the Centennial Ranch Division #15 plat, and development ofa condominium plat. The preliminary site plan for the condominium project is also being presented for Council approval. Tom Hunsaker reported on the Planning and Zoning discussions regarding the requests. The Commission recommends approval. Councilmember Bean motioned to approve the rezone of Lots 37 & 46 Block 1 of Centennial Ranch Division #15 from RI-A to R2. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - No. The motion carried. Councilmember Bean motioned to vacate Nyles Circle. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - No. The motion carried. Councilmember Bean motioned to approve the Centennial Ranch Division # 15 1 sl Amended Plat. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - No. The motion carried. Councilmember bean motioned to approve the Cherry Creek Preliminary Site Plan with changes as recommended by the Planning and Zoning Commission, widening and vision enhancement of the south east comer of the drive way and, fencing along the southern border of the property. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - No. The motion carried. Hawkins-Smith Ri!!:ht ofWav & Easement Vacation Request Ann Avenue - Parkin!!: width variance Request - Ricks Farm 10th Amended Plat - Kohl's Preliminary Site Plan: City Planning Director Ron Folsom presented slides of the location, vicinity, proposed amended plat and preliminary site plan. Tom Hunsaker and Leslie Folsom reported that Planning and Zoning recommend denial of the request to vacate Ann A venue by a vote of five to four, citing safety as their chief concern. However, as the Council may choose to approve the vacation, they reviewed the variance, amended plat and site plan and made recommendations. The Commission recommends that the variance be granted as it is consistent with that portion of the property City Council Minutes 02/16/2006 -- 2 previously developed. Acceptable site obscuring landscaping should be required along the south (Sunnyside) border of the property and the construction should include an appealing fayade on the back of the building as it will be visible from Sunnyside. In addition, they recommend that the developer participate in a future signal light at Eagle Drive and Sunnyside Road. Ken Christensen, 1951 South Saturn Way, Boise, 10, of Hawkins-Smith presented the requests for the vacation, variance and amended Plat. The developer is willing to pay one fourth of the planned signal light at Eagle Drive and Sunnyside. Joseph Janusz, North 56 West, 17000 Ridgewood Drive, Menomonee Falls, Wisconsin, of Kohl's addressed the Council. Mr. Janusz presented the Kohl's Preliminary Site plan and their proposals to mitigate the concerns voiced by Planning and Zoning regarding the appearance of the back of the building along a high traffic corridor. If approved, the company plans to construct the store during 2006 with a scheduled opening in March of 2007. The Council discussed the requests and site plan proposal. Councilmember Kirkham motioned to approve the Ann Avenue right-of-way and easement vacation request contingent upon approval of the variance, amended plat and preliminary site plan. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Kirkham motioned to approve the requested parking variance for 9 foot wide parking stalls north of the proposed Kohl's building site. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Kirkham motioned to approve the Ricks Farm 10lh Amended Plat as presented. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Kirkham motioned to approve the Kohl's Preliminary Site Plan with the requirement that the parking on the west side of the building be parallel to the building; landscaping along Sunnyside Road and Eagle Drive to screen the back of the building and truck dock; the fayade on the back of the building (facing Sunnyside) be of similar design and construction as the front fayade of the building; and, that the developer provide for one quarter of the cost of the future traffic signal at Eagle Drive and Sunnyside Road ($62,500.00). Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Walker Amended Development Al!reement: City Planning Director Ron Folsom reported that Mr. Walker has requested that the Development Agreement for his property be amended to allow him to retain and use the irrigation water rights until such time as a second lot is sold for construction at which time the rights would be assigned to the City. Councilmember Bean motioned to approve the Walker Amended Development Agreement. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Cottal!es Developer Notice: City Administrator Bruce Rose reviewed the problems appearing in the Cottages that are believed to be the result of a water leak at a valve that was improperly installed in Division #7. City Attorney Scott Hall explained the City's rights under the development agreement. A letter noticing the developer of default and ordering satisfaction of requirements in the development agreement has been drafted. A notice of lien against undeveloped lots in the development has also been prepared. The question before the Council is whether to issue notice of invocation of rights under the development agreement. Councilmember Waite motioned to authorize the Mayor to sign a letter noticing the developer of the Council's intent to exercise the City's rights under the Cottages Development Agreements. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - abstained (due to conflict of interest), Councilmember Bean - Yes. The motion carried. Eal!le Bridl!e: City Engineer Bill Manwill reported that in designing the bridge it was discovered that the inverted siphons planned will not work due to the height of the bridge. Alternative methods will push the project beyond the beginning of the irrigation season. As such, the project will be delayed until fall. At this time staffis asking that the action items regarding the bridge be tabled. The project design, bids and contracting will be brought before as the project proceeds. City Council Minutes 02/16/2006 -- 3 Council member Kirkham motioned to table the Eagle Bridge action items. Councilmember Bean seconded. Rol1 cal1 vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Council member Thompson - Yes, Councilmember Waite - Yes. The motion carried. Garba!!e Truck FY 2005 & FY2007: City Administrator Bruce Rose reported on discussions with the auditor regarding the garbage truck ordered in FY2005 that was not delivered until January 2006. The auditors have advised that the City will need to open the FY2006 budget in order to have funds available to pay for the garbage truck ordered during FY2005. Staff requests that the Council open the budget to appropriate funds to pay for the FY2005 garbage truck and order the proposed FY2007 garbage truck. Councilmember Waite motioned to set a budget hearing for April 6, 2006, and open the FY2006 budget. Council member Thompson seconded. Rol1 cal1 vote: Council member Waite - Yes, Councilmember Thompson- Yes, Councilmember Kirkham - Yes, Council member Bean - Yes. The motion carried. Authorization to Submit Letter of Intent for DEQ FY2007 Water Proiect Fundin!!: City Administrator Bruce Rose asked the Council for approval to submit a letter of intent to request DEQ FY2007 Water Project Funding. Submitting the letter adds the City to a list of water projects that will be seeking funding. It does not commit the City to moving forward with the project. Councilmember Kirkham motioned to authorize Mayor Ard to sign the Letter ofIntent for DEQ FY2007 Water Project Funding. Councilmember Waite seconded. Rol1 cal1 vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Miscellaneous: Bennett Communications/Ammon Ma!!azine: Matt Bennett, the owner a publishing company in Orem, Utah addressed the Council. His company is proposing publication of an information magazine for the city to provide to the citizens. The City would be responsible only for postage to mail the first issue city-wide (approximately $500). Actual publication costs would be covered through advertising. A list of content suggestions was provided to the Council. The City would provide content suggestions and information and, Bennett Communications would assign staff writers and editors to produce the magazine. The Council suggested Mr. Bennett put together a proposed contract for City Attorney Scott Hal1 to review. Councilmember Bean motioned to adjourn to executive session to discuss personnel and litigation. Councilmember Kirkham seconded. AI1 in favor, the motion carried. The meeting adjourned at II :45 p.m. G-~ NOTE: Tape recorder failed. There are no tapes of this meeting. City Council Minutes 02/16/2006 -- 4