Council Minutes 02/05/2004
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, FEBRUARY 5, 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 W. Lee Bean
Councilmember Karen Y. Anderson
Councilmember Randy Waite
Councilmember Rex Thompson
City Attorney Scott Hall
City Administrator Bruce Rose
City Engineer Bill Manwill
Planning & Zoning Chairman Doug Willden
Planning & Zoning Commission Member Tom Hunsaker
City Clerk/Treasurer Diane Gempler
Councilmember Anderson led the Pled2e of Alle2iance to the Fla2 and, Councilmember Waite offered a
prayer.
Mayor Ard recognized the scouts that were in attendance.
Minutes - Januarv 22. 2004: Councilmember Waite motioned to approve the January 22, 2004,
minutes. Councilmember Anderson seconded. Roll call vote: Councilmember Waite -- Yes,
Councilmember Anderson - Yes, Councilmember Bean - Abstained due to absence, Councilmember
Thompson - Yes. The motion carried.
Consent Ae:enda: Councilmember Anderson motioned to approve the Amended Consent Agenda.
Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite -
Yes, Councilmember Bean - Yes (abstained on Item 5.a.), Councilmember Thompson - Yes. The motion
carried.
Public Comment Re2ardin2 Items Not on Aeenda: None
ACTION ITEMS:
Spilker Annexation A2reement and Ordinance #339: City Administrator Bruce Rose presented
slides of the proposed annexation, vicinity and adjacent zoning. The property is located South of 21 sl
South, East of the Cottages Addition, and West of the recently annexed Griffeth property. And, is adjacent
to the City limits on the North and East boundaries of the property. The proposed annexation is within the
area of impact and is compatible with the Comprehensive Plan. Planning and Zoning voted unanimously to
recommend the Council approve the request. Mr. and Mrs. Spilker have reviewed and signed the
Annexation Agreement that was prepared by City Attorney Scott Hall as instructed by the Council at their
January 22, 2004, meeting.
Councilmember Bean motioned to approve the Annexation Agreement 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 #339, 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 CLASSIFICATlOW pF TffE ~)(f:q f.-ANDS AND
TERRITORY ~f:R THE ZQ~P ORDINANCE Qf TlJf ClTY Pf ~Ql'lf, IDf\fJO;
City Council Minutes 02/05/2004 - I
PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF
SAID LANDS.(part of the NW 1/4 of Section 30, Township 2 North, Range 39 East, B.M., Bonneville
County described as: Beginning at a point that is S 89040'02" E 1192.14 feet along the section line to the
NE comer of Lot 1 of said section 30 and S 00023' 57" W 1318.19 feet along the east line of said Lot 1 to
the SE comer of said Lot 1 and S 89039'25" E 433.94 feet from the NW comer of said Section 30 and
running thence S 89039'25" E 188.58 feet to the westerly toe of the Gardner Canal; thence along said toe
the following four (4) courses: 1) S 00002'14" W 34.09 feet; thence 2) S 2I002'OT' E 57.41 feet; thence 3)
S 57015'14" E 65.28 feet; thence 4) S 67026'46" E 82.82 feet; thence S 16022'25" W 100.06 feet; thence N
89039'25" W 314.09 feet; thence N 00023'58" E 250.00 feet to the point of beginning. CONTAINING:
1.52 acres.) by title and motioned to dispense with the rule requiring three readings of the Ordinance.
Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite-
Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried.
Councilmember Bean read Ordinance #339 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.(Part of the NW 1/4 of Section 30, Township 2 North, Range 39 East, B.M., Bonneville
County described as: Beginning at a point that is S 89040'02" E 1192.14 feet along the section line to the
NE comer of Lot 1 of said section 30 and S 00023'5T' W 1318.19 feet along the east line of said Lot 1 to
the SE comer of said Lot 1 and S 89039'25" E 433.94 feet from the NW comer of said Section 30 and
running thence S 89039'25" E 188.58 feet to the westerly toe of the Gardner Canal; thence along said toe
the following four (4) courses: 1) S 00002'14" W 34.09 feet; thence 2) S 21002'07" E 57.41 feet; thence
3) S 57015'14" E 65.28 feet; thence 4) S 67026'46" E 82.82 feet; thence S 16022'25" W 100.06 feet; thence
N 89039'25" W 314.09 feet; thence N 00023'58" E 250.00 feet to the point of beginning. CONTAINING:
1.52 acres.) by title and motioned to adopt Ordinance #339 on its third and final reading. Councilmember
Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes,
Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried.
Christensen Reouest for Annexation and Initial R-l Zonin!!: City Administrator Bruce Rose presented
slides of the proposed annexation, vicinity and adjacent zoning. The property is located North of 21st South
and the Cottages Addition and is adjacent to the City limits along 21st South. The proposed annexation is
within the area of impact and is compatible with the Comprehensive Plan. Planning and Zoning voted
unanimously to recommend the Council approve the request.
Flint Christensen, 5257 East 21 st South, Idaho Falls, addressed the Council and answered Council
questions regarding the requested annexation with initial R-l zoning.
City Engineer Bill ManWill reported that the legal description provided by the applicant, and
published in the Notice of Hearing is not for the property illustrated in the request for annexation.
Councilmember Anderson motioned to deny the Christensen Request for Annexation and Initial
R-l Zoning due to the inaccurate legal description. Councilmember Thompson seconded. Roll call vote:
Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes,
Councilmember Waite - Yes. The motion carried.
Plannin!! & Zonin!! Ordinance Amendments: Planning and Zoning Chairman Doug Willden reviewed
proposed Ordinance amendments regarding specific zones with the Council. Planning and Zoning member
Tom Hunsaker reviewed the proposed Ordinance amendments specific to Chapters 5, 11,29, and 33, noting
that Section 1O-11-3D, requiring platting before a building permit will be issued was stricken from the
proposed changes by the Planning and Zoning Commission.
Councilmember Anderson motioned to approve the Planning and Zoning Ordinance Amendments
as presented. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes,
Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion
carried.
City Council Minutes 02/05/2004 - 2
SITE PLANS:
LDS Church - Tiebreaker: City Administrator Bruce Rose presented slides of the Site Plan, vicinity and
zoning. Planning and Zoning reviewed the proposed site plan at their February 3, 2004, meeting and voted
unanimously to recommend Council approval.
Scott Neilson, 990 John Adams Parkway, of Neilsen-Bodily, answered the Council's questions
regarding the proposed site plan.
Councilmember Anderson motioned to approve the Tiebreaker LDS Church Preliminary Site Plan.
Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean -
Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Bank of Commerce: City Administrator Bruce Rose presented slides of the Site Plan, vicinity and zoning.
Planning and Zoning reviewed the proposed site plan at their February 3, 2004, meeting and voted
unanimously to recommend Council approval.
Scott Neilson, 990 John Adams Parkway, of Neilsen-Bodily, answered the Council's questions
regarding the proposed site plan.
Councilmember Anderson motioned to approve the Bank of Commerce Preliminary Site Plan.
Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite
- Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried.
Teton Spectrum Plaza - Jewelrv Store: City Administrator Bruce Rose presented slides of the Site Plan,
vicinity and zoning. Planning and Zoning reviewed the proposed site plan at their February 3,2004,
meeting and voted unanimously to recommend Council approval.
Councilmember Bean motioned to approve the Teton Spectrum Plaza Jewelry Story Preliminary
Site Plan. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The
motion carried.
MISCELLANEOUS DISCUSSION:
Plannin2 & Zonin2: Planning and Zoning member Tom Hunsaker reported Planning and Zoning
Commission recommended the Foothills Properties/Cottages request for rezone from RP to RP-A; and, the
Foothills Properties/Cottages 5 request for annexation with initial RP-A zoning for approval following
hearings held at their February 3, 2004, meeting.
Dispatch Services: Mayor Ard reported that Mayor Milam had contacted him proposing that Ken
Hayward of AIC be brought in to develop approaches to resolving the issues between Bonneville County
and the City of Idaho Falls with regard to dispatch services. Councilmember Bean reported that Byron
Stommel has set up a committee to work on resolving the issues; and, the City of Idaho Falls has not
appointed a representative to the committee.
Revised Development and Annexation A2reements: The Council discussed the recent revisions made to
the standard development and annexation agreement forms. The current revision of the forms will be
forwarded to the engineering firms that work with the area developers.
Alarm Permits: Councilmember Bean reported that several instances have been brought to his attention
that indicate the Council should revisit consideration of requiring alarm permits. The item was placed on
the Work Session Agenda for February 12,2004.
City Administrator Bruce Rose reported that there has been approximately $6,600 expended for
overtime and equipment repairs for snow removal. Also, an Open House for the Building Department is
being planned for Friday, February 20, 2004, from 2:30 to 4:30 p.m. at City Hall.
Councilmember Anderson distributed copies of the capital improvement spreadsheet and, asked
that the Council review those items that are listed under their departments to provide recommendations
regarding prioritizing the items.
City Council Minutes 02/05/2004 - 3
City Attorney Scott Hall requested that City Staff review ordinances and provide him with copies
of those which need to be codified.
Councilmember Bean motioned to adjourn to executive session to discuss a personnel matter.
Councilmember Thompson seconded. Meeting adjo,:,e.~at [1 :30 p.m. 0
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Diane B. Gempler, City Clerk/Tre
City Council Minutes 02/05/2004 - 4