Council Minutes 04/20/2006
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, APRIL 20, 2006
The meeting was called to order by Mayor 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 Lee Bean
Councilmember Randy Waite
Councilmember Rex Thompson
Councilmember Dana Kirkham
City Administrator Bruce Rose
City Attorney Scott Hall
City Engineer Bill Manwill
City Planning Director Ron Folsom
City Clerk/Treasurer Diane Gempler
Councilmember Thompson led the Pledl!e of Allel!iance to the Flal! and, Councilmember Waite offered a
prayer.
Minutes April 6. 2006: Councilmember Waite motioned to approve the April 6, 2006, Minutes. Councilmember
Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember
Thompson - Yes. The motion carried.
Items From the Mayor: Mayor Ard turned the floor to Parks Administrator Ken Knoch.
Mr. Knoch presented a Certificate of Appreciation from the Bonneville Youth Development Committee to
the Council. The group extends its thanks for allowing their members to participate in community projects,
specifically the planters and plantings in McCowin Park that were completed in 2005.
Mayor Ard proclaimed April as Fair Housing Month in the City of Ammon. The formal proclamation will
be posted.
Consent Al!enda: Councilmember Kirkham motioned to approve the Consent Agenda. Councilmember
Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes,
Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried
PUBLIC HEARINGS:
Rel!ional Water Study Findinl!s: Notice ofthe Hearing was published in the Post Register on April 6, 2006.
Mayor Ard opened the public hearing and swore in those individuals who desired to testify.
Paul Scorseby, 7103 South 45 West, Idaho Falls, of Schiess and Associates, reported that a draft study has
been completed and that it is available for review in the City offices. Mr. Scorseby also summarized the work
completed and results of the water study.
There was not any public testimony regarding the study.
Mayor Ard closed the public hearing.
School District #93 Conditional Use Permit Extension - Modular Buildinl!s at Tiebreaker Elementary: Notice
of the Hearing was published in the Post Register on April 6 and April 13, 2006.
Mayor Ard opened the public hearing and swore in those individuals who desired to testify.
Roger Hill, 3497 N Ammon Road, of School District #93, addressed the Council. The School District is
requesting an extension of their Conditional Use Permit for Modular Buildings located at Tiebreaker Elementary
through the 2007-2008 school year.
There was not any testimony regarding the study.
Mayor Ard closed the public hearing.
Councilmember Kirkham motioned to extend the School District #93 Conditional User Permit for Modular
Buildings at Tiebreaker Elementary to June 30, 2008. Councilmember Bean seconded. Roll call vote:
City Council Minutes 04/20/2006 -- I
Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember
Waite - Abstain (conflict of interest).
PUBLIC COMMENT - ITEMS NOT ON AGENDA: None
ACTION ITEMS:
Sunnvside Traffic Studv Recommendations and Approvals: The City Council discussed the recommendations
made by Steve Lewis of Project Engineering Consultants.
City Engineer Bill Manwill answered the Council's and Citizens' questions regarding the study.
Tom Hunsaker, 2925 Carolyn Lane, addressed the Council. He is in favor of the design of the barrier
island. However, he feels that not allowing left turns from Stonehaven may create traffic problems on Taylorview
until Judy is put through to Hitt Road.
Paul Haitt (no address given, unable to locate) stated that he doesn't like the idea of not having left turn
availability from Stonehaven.
Steve Bohrer, 3850 Stonehaven, stated that he would like left turn from Stonehaven
Janet Tracy, 3765 Taylorview Lane, stated that she feels the crossing is in the wrong place Ms. Tracy
would like to see the speed limit reduced to 20 MPH until a over walk can be built.
Teresa VanOrden, 3886 Taylorview Lane, is concerned that if the citizens don't agree to the engineer's
recommendations the Council will do nothing.
Councilmember Bean motioned to table the discussion to a work session. The motion died due to lack of a
second.
Councilmember Waite motioned to install the crosswalk with barrier and reduce the speed limit to 20MPH
with flashing yellow light from 8:30 a.m. to 9:00 a.m. and 3:15 p.m. to 3:45 p.m. Councilmember Kirkham
seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson
- Yes, Councilmember Bean - Yes.
Staff was instructed to contact Mr. Lewis and request that he proceed with design of the barrier island.
Cotta!!es Developer Punch List A!!reement: City Administrator Bruce Rose reported on the punch lists developed
by the City Engineer and Public Works Staff. Private property damage is included in separate lists, however,
property owners will be required to work with the developer and/or their homeowner's insurance provider to ensure
those repairs are made.
City Engineer Bill Manwill reported that further elevation readings, with regard to street crowns are needed
to determine exactly which areas need to be corrected. The lists are as complete as possible at this time. The
developer is aware that items may be added or deleted following completion of the engineer's report on the streets.
Staff was directed to distribute the list as drafted to homeowners' committee members. Cost estimates for
work to be completed in the right-of-ways and deadlines for the repairs will be brought to the Council at their May
4, 2006, meeting.
Resolution #2006-002 - Connection Fee Increases: A public hearing regarding increasing the water and sewer
connection fees was held on December 15,2006. The proposed fees were reduced from the amounts published for
hearing to $1,300.00 for sewer connection and $1,400.00 for water connection.
Councilmember Bean motioned to approve Resolution 2006-002, A RESOLUTION AMENDING,
MODIFYING, COMPILING AND REPUBLISHING THE RATES TO BE CHARGED BY THE CITY OF
AMMON FOR WATER, SEWER AND GARBAGE SERVICES; ESTABLISHING THE RATES AND FEES
FOR CONNECTION TO THE WATER AND/OR SEWER SERVICES; PROVIDING FOR DEPOSITS FOR
UTILITY SERVICE CONNECTIONS; PROVIDING FOR DELINQUENT PAYMENT PROCEDURES;
PROVIDING FOR OWNER'S RESPONSIBILITY FOR UTILITY SERVICE FEES AND CONNECTION FEES
ON MULTI-USE OF SINGLE CONNECTIONS; PROVIDING FOR RECISSION AND REPEAL OF ALL
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. Councilmember
Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes,
Councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion carried
White Pines Conditional Use Permit Extension - Modular Buildinl!s: A public hearing regarding this request
Planning Director Ron Folsom presented slides of the property and vicinity. The property is located north of John
Adams Parkway and west of the Tiebreaker Addition to the City of Ammon. The school officials are requesting an
extension of the Conditional Use Permit for Modular Buildings through the 2006-2007 school year, while their
permanent building is under construction. Design of the building has been completed, plans will soon be submitted
City Council Minutes 04/20/2006 -- 2
for the building permit and, bids for the project will be solicited at the fIrst of June. The current Conditional User
Permit expires on June 30, 2006.
Tom Hunsaker reported the Planning and Zoning Commission voted unanimously to recommend extension
of the CUP through September 2007. There was not any testimony opposed to the proposed revisions.
The Council discussed the requested conditional use permit extension.
Councilmember Kirkham motioned to approve extension of the Conditional Use Permit for Modular
Buildings through July 2007. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes,
Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried.
Bride:ewater Annexation Ae:reement: The Council discussed the proposed annexation agreement. The Developer
has requested that the agreement be modifIed for the city to maintain the berm along Ammon Road.
The Council discussed the proposed agreement. Items discussed included: Accepting walking trails along
the west edge of the property and, along the PacifICorp power-line easement as 'green space' in lieu of additional
park property; responsibility for maintenance of the berm along Ammon Road; retention of surface water rights;
and, inclusion of language to allow sewer service for the development to be provided by Iona Bonneville Sewer
District.
Councilmember Thompson motioned to approve the Bridgewater Annexation Agreement with the addition
of SC-6 with language allowing the development to be serviced by Iona Bonneville Sewer District. Councilmember
Kirkham seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Kirkham - Yes,
Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried.
Bride:ewater Preliminary Plat: Planning Director Ron Folsom presented slides of the preliminary plat and
vicinity. The Planning and Zoning Commission voted unanimously to recommend approval the preliminary plat as
presented.
Alan Cunningham, 1020 Lincoln Drive, of Mountain River Engineering, reported that there will be an
adjustment to the preliminary plat to reflect a 12 acre lot to be purchased by School District #93 for construction of
an elementary school. The 12 acres will be located in the northeast comer of the development which is zoned RI-A.
The Council discussed the proposed preliminary plat.
Councilmember Kirkham motioned to approve the Bridgewater Preliminary Plat as presented.
Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Ordinance #389 - Bride:ewater Annexation & Initial Zonine:: Councilmember Bean read Ordinance #389,
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; ADDITIONALLY
AMENDING THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LAND LOCATED
WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE
CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND AND PROVIDING FOR AN
EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS.
(BRIDGEWATER PROPERTY) by title and motioned that City Council dispense with the rule requiring the
reading of the ordinance on three different days and that the three readings be waived. Councilmember Waite
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham-
Yes, Councilmember Thompson - Yes. The motion carried.
Councilmember Bean read Ordinance #389, 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; ADDITION ALL Y AMENDING THE ZONING CLASSIFICATION AND
THE ZONING MAP FOR CERTAIN LAND LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY
DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH
PARCEL OF LAND AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE
ANNEXATION OF SAID LANDS. (BRIDGEWATER PROPERTY) by title and motioned to adopt Ordinance
#389 as an ordinance of the City of Ammon on its third and fInal reading. Councilmember Waite seconded. Roll
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call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes,
Councilmember Thompson - Yes. The motion carried.
Ordinance #390 - Lawndale Division #2 and Arnold Mobile Home Park Vacations: Councilmember
Thompson read Ordinance #390, AN ORDINANCE V ACA TING PLATS TO CERTAIN LANDS TO THE CITY
OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO
WHICH THE PLATS ARE V ACA TED AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS
ORDINANCE AND THE V ACA TION OF SAID PLATS. (LA WNDALE AND ARNOLD'S MOBILE HOME
PARK PROPERTY) by title and motioned that City Council dispense with the rule requiring the reading of the
ordinance on three different days and that the three readings be waived. Councilmember Bean seconded. Roll call
vote: Councilmember Thompson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes,
Council member Kirkham - Yes. The motion carried.
Councilmember Thompson read Ordinance #390, AN ORDINANCE V ACA TING PLATS TO CERTAIN
LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH
PARTICULARITY SAID LANDS TO WHICH THE PLATS ARE V ACA TED AND PROVIDING FOR AN
EFFECTIVE DATE FOR THIS ORDINANCE AND THE V ACA TION OF SAID PLATS. (LA WNDALE AND
ARNOLD'S MOBILE HOME PARK PROPERTY) by title and motioned to adopt Ordinance #390 as an ordinance
of the City of Ammon on its third and final reading. Councilmember Bean seconded. Roll call vote:
Councilmember Thompson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember
Kirkham - Yes. The motion carried.
Ordinance #392: Councilmember Kirkham read Ordinance #392, AN ORDINANCE AMENDING ORDINANCE
NO. 375 PROVIDING FOR THE ANNUAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE
COUNTY, IDAHO; FOR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR
WHICH APPROPRIATED DURING THE FISCAL YEAR 2006, COMMENCING OCTOBER 1,2005, AND
ENDING SEPTEMBER 30, 2006, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH
FUNDS by title and motioned that City Council dispense with the rule requiring the reading of the ordinance on
three different days and that the three readings be waived. Councilmember Bean seconded. Roll call vote:
Councilmember Kirkham - Yes, Councilmember Bean - Yes, Council member Thompson - Yes, Councilmember
Waite - Yes. The motion carried.
Councilmember Kirkham read Ordinance #392 AN ORDINANCE AMENDING ORDINANCE NO. 375
PROVIDING FOR THE ANNUAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY,
IDAHO; FOR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR WHICH
APPROPRIA TED DURING THE FISCAL YEAR 2006, COMMENCING OCTOBER 1, 2005, AND ENDING
SEPTEMBER 30, 2006, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS by title
and motioned to adopt Ordinance #392 as an ordinance of the City of Ammon on its third and final reading.
Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Proposal to Establish a Six Person Council: Councilmember Bean motioned to hold a special election in
February 2007 to ask voters for approval to expand the City Council to six members. Councilmember Kirkham
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson
- Yes, Councilmember Waite - Yes. The motion carried.
The Clerk will prepare a formal resolution for consideration at the Council's May 4,2006, Council
Meeting.
Establish Public Hearine: Date for FY2007 Bude:et: City Administrator Bruce Rose asked the Council to set the
hearing date for the Fiscal Year 2007 Budget. The date must be reported to the County Clerk no later than April 30th
of each year.
Councilmember Bean motioned to set the Fiscal Year 2007 Budget Hearing for August 3,2006.
Councilmember Kirkham seconded. Roll call vote: Council member Bean - Yes, Councilmember Kirkham - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Title 10 Revisions: A Public Hearing regarding the proposed revisions to Title 10 was held before the Planning and
Zoning Commission at their April 5, 2006, meeting. There was not any testimony opposed to the revisions. City
Planning Director Ron Folsom presented the proposed revisions.
City Council Minutes 04/20/2006 -- 4
Councilmember Bean motioned to approve the Title 10 Revisions as presented. Councilmember Kirkham
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson
- Yes, Councilmember Waite - Yes. The motion carried.
Ordinance #393 Title 10 Revisions: Councilmember Waite read Ordinance #393 and Summary of Ordinance
#393, AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE
CODIFIED ORDINANCES OF THE CITY OF AMMON INCLUDING CHAPTER 14A, SECTIONS 1O-14A-4;
CHAPTER 15, SECTIONS 10-15-4 and 10-15-5-(A); CHAPTER 17, SECTIONS 1O-17-5-(B) and 10-17-9-(E);
CHAPTER 18, SECTIONS 1O-18-5-(B) and 1O-18-9-(E); CHAPTER 21, SECTIONS 10-21-2(D) and (N);
CHAPTER 23, SECTION 10-23-2(H) THROUGH (K); CHAPTER 29, SECTIONS 10-29-7 REQUIREMENTS
AND 10-29-7-(D) and (G), 10-29-8-(J)-2 AND 10-29-14; CHAPTER 34 NEW CHAPTER SIGN CODE. by title
and motioned that City Council dispense with the rule requiring the reading of the ordinance on three different days
and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Waite
- Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The
motion carried.
Councilmember Waite read Ordinance #393 and Summary of Ordinance #393, AN ORDINANCE AMENDING
VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE CODIFIED ORDINANCES OF THE CITY OF
AMMON INCLUDING CHAPTER 14A, SECTIONS 10-14A-4; CHAPTER 15, SECTIONS 10-15-4 and 10-15-5-
(A); CHAPTER 17, SECTIONS 1O-17-5-(B) and 10-17-9-(E); CHAPTER 18, SECTIONS 1O-18-5-(B) and 10-18-
9-(E); CHAPTER 21, SECTIONS 10-21-2(D) and (N); CHAPTER 23, SECTION 1O-23-2(H) THROUGH (K);
CHAPTER 29, SECTIONS 10-29-7 REQUIREMENTS AND 10-29-7-(D) and (G), 10-29-8-(J)-2 AND 10-29-14;
CHAPTER 34 NEW CHAPTER SIGN CODE by title and motioned to adopt Ordinance #393 as an ordinance of the
City of Ammon on its third and fmal reading. Councilmember Thompson seconded. Roll call vote:
Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember
Bean - Yes. The motion carried.
Donation of Bleachers to City of Shellv: City Administrator Bruce Rose reported that the new code compliant
bleachers for McCowin Park have been received. The old bleachers are not compliant with State Safety Code. As
such, they do not have any resale value. Staff requests that the value of the bleachers be declared under $50.00 and,
that the Council approve donation of the bleachers to the City of Shelley. City of Shelley employees will pick up
the bleachers, if approved.
Councilmember Thompson motioned to declare the value of the surplus bleachers to be under $50.00, and
to authorize donation of the bleachers to the City of Shelley. Councilmember Waite seconded. Roll call vote:
Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember
Bean - Yes. The motion carried.
Miscellaneous Discussion Items: City Administrator Bruce Rose asked the Council for direction to seek legal
opinion regarding the use of surface water rights and secondary water systems. The Council directed City Attorney
and City Engineer to seek the legal opinions from a qualified water rights attorney.
Councilmember Bean motioned to adjourn. Councilmember Thompson seconded. All in favor, the
motion carried.
The meeting adjourned at 10:25 p.m.
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Diane B. Gempler, Clerk/Treasurer I
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C. Bruc~ Ard, M70r
City Council Minutes 04/20/2006 -- 5