Council Minutes 05/27/2004
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDA Y, MAY 27,2004
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 Thompson led the Plede:e of Allee:iance to the Flae: and, Councilmember Waite
offered a prayer.
Minutes - Mav 6. 2004: Councilmember Anderson motioned to approve the May 6, 2004, minutes with
corrections. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion
carried.
Mayor Ard recommended the appointment of Rodney Allen to fill the vacancy on the Planning and Zoning
Commission. The Council scheduled discussion of the appointment on the June 3, 2004, agenda.
Consent Ae:enda: Councilmember Bean motioned to approve the Consent Agenda. Councilmember Waite
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember
Thompson - Yes, Councilmember Anderson -- Yes. The motion carried.
Public Hearine:s: None
ACTION ITEMS:
Special Use Permits for Modular Buildine:s at Ammon Elementary. Tiebreaker Elementary and
Sandcreek Middle School- School District #93: Notice of the Hearing was published in the Post Register
on April 21 and April 28, 2004. Notice of the hearing was also mailed to property owners within five
hundred (500) feet of the properties and, to other parties of interest. The public hearing was held before the
Planning and Zoning Commission on May 5, 2004. Following the hearing, the Planning and Zoning
Commission voted lmanimously to recommend approval of the Special Use Pennits
Roger Hill, 5319 East Lincoln Road, representing School District No. 93, answered the Council's
questions.
The Council discussed the request for Special Use Permits and possible time limit for renewal of
the permits or removal of the buildings. The existing Special Use Permits (issued in September 2000), do
not include a time limit for renewal or removal of the buildings. City Attorney Scott Hall informed the
Council they should hold a public hearing to consider the 2000 permits.
Councilmember Anderson motioned to approve the School District #93 Special Use Permits to
expire June 15,2006. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson-
Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The
motion carried.
City Council Minutes 05/27/2004 - I
Councilmember Anderson motioned to schedule a Public Hearing to consider the time limit to be
imposed on the Modular Building Special Use Permits issued in 2000. Councilmember Be,m seconded.
Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson
- Yes, Councilmember Waite - Yes. The motion carried.
Cotta2:es #5 Final Plat & Development Al!reement: Proposed Final Plat, vicinity and zoning. The
property is located south ofthe Cottages Addition to the City of Ammon, east of Cottonwood Hills and
north of Sunnyside Road. The Planning and Zoning Commission voted unanimously to recommend the
City Council approve the Cottages #5 Final Plat as presented with the further recommendation that the
developer be required to deposit 50% of the estimated cost of the bridge in escrow with the City.
City Attorney Scott Hall reviewed the special conditions included in the Development Agreement.
George McDaniels answered the Council's questions regarding the Final Plat.
Dana Kirkham, 2395 South Fieldstone, represented the Cottages Homeowners Association,
addressed the Council regarding incomplete work and repairs to improvements in the previous Cottages
Divisions. The homeowners in the development are also concerned that they may be held responsible for
failure by the developer to complete improvements in the new division.
City Staffwas instructed to meet with Mr. McDaniels to defme a time line for completion and
repairs of improvements in the Cottages Divisions 1 through 4.
The Council discussed the proposed plat and development agreement
Councilmember Anderson motioned to approve the Cottages #5 Final Plat & Development
Agreement. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes,
Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson -Yes. The motion
carried.
Mesa Lorna Annexation. Initial Zonin2:. Annexation Al!reement & Annexation Ordinance: 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 proposed to be Annexed
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. Following the hearing, the Commission voted unanimously (with
one abstention) to recommend the City Council approve the MesaILoma request for annexation with initial
RP zoning as presented.
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.
George McDaniels answered Council questions regarding the proposed annexation.
Bill Manwill answered Council questions and addressed their concerns regarding future
infrastructure needs in the area.
Councilmember Anderson motioned to waive holding a 2nd hearing on the annexation.
Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean -
Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Councilmember Anderson motioned to approve the Mesa Lorna Annexation with RP Zoning and
Annexation Agreement, including SC-l, the developer will provide infrastructure improvements as
determined necessary. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes,
Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion
carried.
Councilmember Anderson read Ordinance No. 345, 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 OF
SAID LANDS,
A parcel ofland lying situate in the Northeast 1/4 of the Southeast 1/4 of Section 30 and the Northwest 1/4
of the Southwest 1/4 of Section 29, Township 2 North, Range 39 East of the Boise Meridian more
specifically described as follows:
City Council Minutes OS/27/2004 - 2
- ,.
Beginning at the West 1/4 Comer of Section 29, Township 2 North, Range 39 East of the Boise Meridian;
running thence N.89042'39"E. along the East-West Center Section line of said Section 29 a distance of
1336.11 feet to the East line of the Northwest 1/4 of the Southwest 1/4 of said Section 29; thence
S.00004'43"W. along said East line 740.11 feet to the centerline of Sunnyside road, said point being a point
on a curve with a radius of955.00 feet and a chord that bears S.82040'47"W. 170.26 feet; thence along said
centerline of Sunnyside road the following five (5) courses: to the left along said curve 170.49 feet through
a central angle of 10013'43"; thence S.77033'56"W. 612.86 feet to a point of curve with a radius of
7584.86 feet and chord that bears S.79039'13"W. 552.75 feet; thence to the right along said curve 552.87
feet through a central angle of 04010'35"; thence S.81044'31"W. 778.35 feet to a point of curve with a
radius of 1287.16 feet and chord that bears S.68032'52"W. 587.60 feet; thence to the left along said curve
592.82 feet through a central angle of 26023' 18" to the West line ofthe Northeast 1/4 of the Southeast 1/4
of Section 30, Township 2 North, Range 39 East of the Boise Meridian; thence N.00004'28"E. along said
West line 655.57 feet to the North line of the South 1/2 of said Northeast 1/4 of the Southeast 1/4; thence
S.89050'38"E. along said North line 765.27 feet; thence N.0001O'54"E. 660.74 feet to the East-West Center
Section line of said Section 30; thence S.89051 '56"E. along said East-West Center Sectionline 525.00 feet
to the POINT OF BEGINNING. Containing 47.67 acres
by title and motioned to dispense with the rule requiring three readings of the Ordinance. Councilmember
Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Councilmember Anderson read Ordinance No. 345, 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 CLASSIFICA nON 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 OF
SAID LANDS,
A parcel ofland lying situate in the Northeast 1/4 of the Southeast 1/4 of Section 30 and the Northwest 1/4
of the Southwest 1/4 of Section 29, Township 2 North, Range 39 East of the Boise Meridian more
specifically described as follows:
Beginning at the West 1/4 Comer of Section 29, Township 2 North, Range 39 East of the Boise Meridian;
running thence N.89042'39"E. along the East-West Center Section line of said Section 29 a distance of
1336.11 feet to the East line of the Northwest 1/4 of the Southwest 1/4 of said Section 29; thence
S.00004'43"W. along said East line 740.11 feet to the centerline of Sunnyside road, said point being a point
on a curve with a radius of955.00 feet and a chord that bears S.82040'47"W. 170.26 feet; thence along said
centerline of Sunnyside road the following five (5) courses: to the left along said curve 170.49 feet through
a central angle of 10013'43"; thence S.77033'56"W. 612.86 feet to a point of curve with a radius of
7584.86 feet and chord that bears S.79039' 13"W. 552.75 feet; thence to the right along said curve 552.87
feet through a central angle of 04010'35"; thence S.81044'31"W. 778.35 feet to a point of curve with a
radius of 1287.16 feet and chord that bears S.68032'52"W. 587.60 feet; thence to the left along said curve
592.82 feet through a central angle of 26023' 18" to the West line of the Northeast 1/4 of the Southeast 1/4
of Section 30, Township 2 North, Range 39 East of the Boise Meridian; thence N.00004'28"E. along said
West line 655.57 feet to the North line of the South 1/2 of said Northeast 1/4 of the Southeast 1/4; thence
S.89050'38"E. along said North line 765.27 feet; thence N.00010'54''E. 660.74 feet to the East-West Center
Section line of said Section 30; thence S.89051'56"E. along said East-West Center Section line 525.00 feet
to the POINT OF BEGINNING. Containing 47.67 acres
by title and motioned to adopt Ordinance No. 345 on its third and final reading. Councilmember Bean
seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember
Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Mark & Cheri Nelson Business License ADDlication: Travis Patterson, representing the applicants, read
a letter from the applicants to the Council, and presented the Council with a petition supporting the
issuance of the license.
City Staff reported that there have been some complaints, and a petition against the operation of
the Sno Shack at the Nelson's home.
The Council discussed the requested license and the information presented.
City Council Minutes OS/27/2004 - 3
Councilmember Waite motioned to deny the Nelson request for a home occupation permit, as the
operation does not comply with Title 10, Chapter 7, Section 8 of the municipal code. Councilmember
Anderson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Anderson - Yes,
Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried.
Rel!ional Sewer Project Joint Powers Al!reement: Mayor Ard reported that there has been a clarification
of the clause in the agreement regarding optioning out ofthe project. Any party may opt out at any time,
requiring only that they complete any [mancial commitment made to that date.
The Council reviewed and discussed various aspects of the proposed agreement. Items of note
will be reported back to the Regional Sewer Steering Committee.
Public Hearinl! Procedures: Councilmember Thompson proposed the Council adopt policy formalizing
the procedures for notification of public hearing regarding land use issues.
The Council reviewed the proposed policy and discussed establishment of fees to be implemented
in the future.
Councilmember Anderson motioned to adopt the procedures as soon as they can be implemented,
with a Public Hearing to implement fees to be held in conjunction with the budget process. Councilmember
Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes,
Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried.
Preliminary Site Plan ADDrovals: City Administrator Bruce Rose reported that Preliminary Site Plans
reviewed by Planning and Zoning will be scheduled for the Council meeting two weeks following the
Planning and Zoning meeting where reviewed.
As the Council will no longer have a member attending Planning and Zoning meetings. City Staff
was requested to provide a draft of the Planning and Zoning minutes in their packets for the meetings when
planning and zoning items are being considered.
DisDatcb Al!reement: Councilmember Bean distributed copies of the proposed Memorandum of
Understanding regarding dispatch services to be provided by the City of Idaho Falls.
The council reviewed the agreement and discussed the formula used to calculate dispatch cost to
be allocated to the City of Ammon.
Councilmember Bean motioned to approve the Memorandum of Understanding, Ammon
Dispatching Services, aspresented. Councilmember Waite seconded. Roll call vote: Councilmember
Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - No (doesn't agree with formula),
Councilmember Thompson - Yes. The motion carried.
MISCELLANEOUS DISCUSSION:
Mecbanical/Plumbinl! InsDection Fees: The Council discussed implementation of Mechanical and
Plumbing Inspection Fees. Public Hearing on a resolution to implement the fees was scheduled for June
24,2003.
Councilmember Thompson motioned to move the regular Council meeting from June 17th to June
24th. Councilmember Bean seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember
Bean - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion carried.
Councilmember Bean motioned to adjourn.
adjourned at 11 :45 p.m.
~1.
City Council Minutes OS/27/2004 - 4