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Council Minutes 9/12/2006 (46) CITY OF AMMON September 7, 2000 I Minutes of the Public Hearings and the Regular Meeting of the City Council: The meeting was called to order by Mayor C. Bruce Ard. at 7:~0 P.M. .in the City ~uilding, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present. Mayor C. Bruce Ard Councilmember W. Lee Bean Council member Harvey L. Crandall Councilmember Leslie Folsom Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Deputy Clerk Connie R. Guymon I Others Present: Michael McQuain, Public Information Officer, Bonneville School District No. 93 Orland Bailey, 2810 Salmon Street, Ammon Dee L. Armstrong, lona Bonneville Sewer District Douglas G. Hall, 2452 South 45th East, Idaho Falls Kent Blatter, Ammon Charles Maggart, 5063 East 21st South, Idaho Falls Doug and Jennette Nielsen, Idaho Falls Russell and Elsie Owen, 2940 Teton, Ammon Glen H. and Doriene Farnes, 2295 Avocet Drive, Ammon Leo and Norma Sowada, 5705 East 21st South, Idaho Falls Frank G. Schwartz, 4823 East 21st South, Idaho Falls Alan E. Cunningham, Mountain River Engineering Willis "Bill" and Lynda Morgan Brad Pickett, Developer Quail Ridge George McDaniel, Developer Quail Ridge David Benton, Benton Engineering Cindy Donovan, 3725 East Sunnyside Road, Ammon Tom Hunsaker, Planning and Zoning Commission Mike Johnson Absent: Council member Ira K. Hall Council member Crandall Folsom led the Pledge of Allegiance to the Flag, and Council member Crandall offered a prayer. I Russell Owen, 2940 Teton Street, was the spokesman for a neighborhood group, which included himself, Elsie Owen, Glen Farnes, Doriene Farnes, and Orland Bailey. He expressed their concerns about the Chapman property at 2980 Teton Street. It is understood that David Chapman has no power, no water, and no gas. His yard is a mess. This season the fire danger has been a great concern because his yard is full of weeds, trash, dead grass, etc. The neighbors wanted to know what kind of action the City can take to alleviate the problem. Ownership of the home is in the name of Roy Chapman, deceased father. David apparently lives alone at the home, but there are cars coming and going throughout the day. The cars used to come at night, but that has quieted down. The City turned the water off because of lack of payment. There is a collection of old wrecked cars, a boat, and a satellite dish in the back yard. Attorney Anderson discussed the options the City has to deal with this kind of problem. First, the City Council would need to make a preliminary finding to determine a public nuisance exists. Then the resident would have to be given an opportunity to prove his actions are justified. Councilmember Crandall asked if there are other comparable situations in the City or if this is the worst situation in the City. The neighbors believe that David Chapman would not be happy to let them in his house. Glen Farnes reported that he had been unable to talk to David. He will not answer the door. Apparently he does not work. Council member Bean wondered if the Council was I City Council Meeting, September 7,2000 - Page 2 considering an intrusion on a person's life by telling him how to keep his property or if the conditions actually do constitute a public nuisance. Council member Crandall and Public Works Director Wadsworth agreed to go look at the situation in the morning at 8:00 a.m. They will report back to the City Council. Orland Bailey asked if the City Council could not come up with an ordinance to deal with undesirable situations. He pointed out the property on the corner of 17th Street and Curlew where the fence is all broken down and there is junk and old cars all over the yard. Such situations do not present a good picture of Ammon. There was discussion about how to enforce and how to draw lines. Who can make the determination? Some things are an individual's own choice. Only when a situation becomes a public nuisance can the City do something about it. An interested citizen cautioned the City about entering private property. Kent Blatter submitted a claim on July 11, 2000, for loss of property. The City's insurance carrier denied the claim because they found no liability on the City's part. Mr. Blatter expressed a desire to present more information on the property itself and more information on the circumstances. The next step in attempting to get restitution is to appeal to the City Council. I The property consisted of tools, building materials, and items from Roberts Crafts. They had been carried around in the back of his mini-van while he was assisting with the construction of his new home. The van was needed to transport luggage home from the airport. The items were set out of the van on the grass about twenty-five feet away from the road. Nephews were mowing the lawn, and the items were moved about three or four feet closer to the road to get them off the grass. The City Sanitation Department employees collected the items. It was City Clean-Up Day. The Public Works Director was contacted immediately and he advised they had been taken to the dump. A list of the items was submitted. Two daughters were watching out the window, but they were not aware of what the items were. The claim was for $768.32. The items were in the gravel area, but not where the garbage is usually picked up. The claimant explained in detail about the condition of the items. Attorney Anderson was asked to advise the Council of the proper procedure. He suggested that the City relied on their insurance carrier and the adjuster. That is why the City has insurance. Kent Blatter has recourse, if it is denied, to go to small claims court. The Council was of the opinion that the City employees did not act in an irresponsible manner. Mr. Blatter was living with his parents on Molen Street at the time the incident occurred. The items were set out on the Midway side of the house. He believed the condition of the items should have caused the employees to have considerable doubt about taking them as garbage. It was agreed that a judge should decide, and the claimant will proceed further. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustment to consider a request of Bonneville Joint School District No. 93 for a Conditional Use Permit. The request is to set a new 28' X 64' modular classroom building at Ammon Elementary School, Tiebreaker Elementary School, and Sandcreek Middle School. The new unit at Sandcreek Middle School will replace an older unit, which is to be moved to Telford Academy. I Notice of the Hearing was published in the Post Register on August 22 and August 29, 2000. Also, notices of the hearing were mailed to adjacent property owners. Mayor Ard swore in individuals desiring to present testimony. Tom Hunsaker reported on the recommendation of the Planning and Zoning Commission. One unit is on the north side of Sandcreek Middle School and replaces an older unit, which was in the same location. The second unit is on the southwest side of Ammon Elementary School for a fourth grade and fifth grade class. The last one is on the southwest side of Tiebreaker Elementary School. The Commission recommended approval for all three. Michael McQuain, Public Information Officer for Bonneville School District explained the units. They are modular units and have no water or sewer hooked up. They are classrooms only. The original request was submitted to the Planning and Zoning I City Council Meeting, September 7,2000 - Page 3 Commission dated May 30, 2000. This is a "Band-Aid" answer to tide the District over to accommodate growth. The growth is higher than anticipated. There was no public input. Mayor Ard closed the Public Hearing. Council member Folsom moved to grant a Conditional Use Permit to Bonneville Joint School District No. 93 for three modular classroom units. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried. Michael McQuain asked if there were any developments about the Sunnyside waterline or the Owen Street traffic study. A preliminary report on the traffic study is expected within two weeks. The School District is anxious to meet with the City Officials again once the traffic study is done. They want to resolve the issue and to move forward in the best interest of everyone. Attorney Anderson advised that he had sent a letter to inquire if the District had any more information on how the agreement on the bridge over Owen Street was to be divided. There was some thought of the School District that the City should pay part of the cost of the bridge. The City is seeking to recover cost of the waterline on Sunnyside Road. The letter requested the School District to research their records to verify the transaction. Mayor Ard opened the Public Hearing to consider the request for annexation with initial zoning of the Quail Ridge/Hillpoint Properties. Notice of the Hearing was published in the Post Register on August 22 and August 29, 2000. Also, notices of the hearing were mailed to property owners within three hundred (300) feet and to other interested parties. Mayor Ard swore in individuals who desired to present testimony. I Alan Cunningham of Mountain River Engineering represented the developer. It is proposed that the Quail Ridge/Hillpoint Properties be annexed to the City of Ammon. The developer has gone before the Planning and Zoning Commission with the request. They have recommended approval. Council member Crandall asked what advantages to the developer of the subdivision would annexation be. The developers want to be in Ammon based on having utilities. They just want to be part of the City of Ammon. Is it true that water, sewer, etc. will be put in at the developers' expense and then turned over to the City? Alan Cunningham did not have the information regarding the water and sewer. The details are still being worked out. Council member Bean asked what was the original request for annexation. He understands City services, but he wanted to know if he understands correctly that the County will not grant services in that area. If the property is developed in the County, septic tanks will be required. Also, it was considered whether or not to put in a centralized septic system with drain fields. The developers went to the City of Ammon Planning and Zoning Commission with a two hundred (200) feet corridor and upon their recommendation the plans were revised. The corridor was straightened and increased to eight hundred (800) feet. I Engineer Manwill explained that Bonneville County Planning and Zoning approved the development. It was approved contingent upon a community water and a community sewer system. The community sewer system could be self-contained within the subdivision, which would mean some type of disposal on site. It did require both community systems to be installed within the subdivision. Brad Pickett pointed out that the original plans have changed some. Lot sizes are to be one to two acres. The County did approve a community septic system and a community water system. The developers were ready to go with a community system but they came up with the idea to get the sewer up there instead of an underground septic system. They talked with Falls Water and lona Bonneville Sewer District who sent them to Ammon for the services. The developers will put in the sewer lines and a well. The details are to be worked out with the City. The developers do not have a problem with complying with the requirements recommended by the Planning and Zoning Commission. City Council Meeting, September 7,2000 - Page 4 I Tom Hunsaker reviewed the recommendations of the Planning and Zoning Commission. (1) The well is to be developed and donated to the City. (2) Land for a park is to be donated to the City. (3) Land should be set aside for a secondary fire station subject to approval of the Fire Chief. (4) The two lots in Rimrock Estates would not be considered at this time. (5) The property is to be zoned RP instead of R-I since the lots are large. (6) The planning map should be revised to include the property. Mayor Ard called for public comments. Willis Morgan, 5377 East 21st Street owns 1.56 acres adjacent to the property proposed for annexation. He has been interested in developing a Bed and Breakfast, but Bonneville County denied his request. He wondered if there was a possibility to be included in this annexation. Also, would the City of Ammon zoning allow a Bed and Breakfast? Quail Ridge/Hillpoint Properties is recommended to be zoned RP. The RP zone will not allow a commercial business. Morgan's property is presently listed for sale. I Douglas Hall, 2452 South 45 East, lives on the west side of the street south of where Quail Ridge/Hillpoint Properties is contiguous to the City of Ammon. The Planning and Zoning Commission has recommended that the property be zoned RP, which makes him feel better about the development. The hearing announcement said the zoning was proposed to be R-1. He wondered if he needed to make arguments in support of not having the zone R-1 or if the City Council would take the recommendation of the Planning and Zoning Commission. As a neighbor to the property proposed for annexation, it is a big concern to him to have 6000 square feet lots across the street from him when he has half-acre lots behind him. He has some other problems, but he is beginning to see that maybe there is some planning going on. By his calculations, the property contains 325 acres. This could add 1500 homes. Development is going to happen, but he is concerned about dumping more students into the school system. He would like the Council to confirm or feel good that the proper planning for the impact of the subsequent development, if you allow this annexation to take place, has been considered. One concern is the impact on the public schools, and other concerns include snow removal, police protection, and fire protection. Councilmember Crandall pointed out that the subdivision is planned to go whether it is in City of Ammon or in Bonneville County. The question is whether it is better to put it in Bonneville County or is it better to put it in City Ammon? Hall continued that during the hearing it has been brought out that the major reason for this annexing this development is to provide services. If it is annexed, you are accelerating or inviting faster development of this area than would normally occur. The question is "Are you prepared for the accelerated rate of development?" Cities who get excited about expanding their borders can easily get carried away. Mayor Ard explained that commercial development creates a bigger tax base than residential development. Tax base is not an issue with this annexation. Hall further stated the City Officials need to make it legally binding that the developer will provide a well, that the land will be donated for a park, land will be set aside for a secondary fire station, and other development conditions will be met. I Mayor Ard pointed out the major consideration is whether or not this development will benefit the City. When you look at the water, if the City can get a tank and a way to help pressurize the rest of the City, the development may be an advantage to the City. Hall's last comment was regarding the legality or reasonableness of this kind of development. Cities do not grow like an octopus in which they put out tentacles that they have to support. Typically they grow by expanding their boundaries in some circumferential way. When you look at the property involved in this request, it does not make sense. The property does not impact Ammon. According to Idaho Code, it is questionable whether this annexation is legal. If you can convince yourselves that this is of net benefit to the City, then it is understandable. However, a net benefit to the City is not obvious. It surely has benefits for the developer. He questioned having paid representatives to present the I City Council Meeting, September 7,2000 - Page 5 request. The developer should be required to come before the public just like the citizens. He also commented on the prayer during the opening. He encouraged the Council to be religiously sensitive. Charles Maggart expressed concern about snow removal. Another concern is the speed limit on 21st Street. Currently the speed limit is fifty miles per hour. By the time the cars get down from up in the development they are going about seventy or eighty miles per hour. It would seem appropriate to have a reduced speed limit with all the new people. He also wondered if the annexation would interrupt access to the irrigation canal. The irrigation rights can not be eliminated. What are the plans for Arland Purcell's property? Mike Johnson stated this is the fourth meeting he has attended in the last twelve months about annexations. Each time the discussion has included traffic load on First Street, 1 ih Street, and Sunnyside Road. The County has turned the developers down on zoning and they have come to City of Ammon. It appears we are annexing in order to help somebody's zoning. The request on this property was for R-I zone, but the Planning and Zoning Commission recommended RP zone. If the developer wants to change the zone, he can come back with another request. He said now we are looking at adding 1500 homes. (The developer corrected the estimate to roughly 220 households.) Another developer can come in to request more annexation. All the traffic will be coming down Crowley Road and 1 ih Street. There is already development on 17th Street, which has increased the traffic. Are there any plans to increase the road capacity? Growth is good, but only if it is controlled. How are we going to service the development? Has the water and sewer been resolved? The City needs to be ready in the first place. The Mayor and Council pointed out that the infrastructure would be in place before development occurs. I Frank Schwartz, 4823 East 21st South, is out of the proposed annexation. He has a lot of questions that he has never heard answered at the two meetings that he has attended. Without a good solid answer to his questions, he would oppose the annexation. He heard the developer would pay the costs of the water and sewer lines. He also heard that the costs needed to be discussed further. There are some agreements that need to be in writing so the City ratepayers do not end up with the bill. The area where the development is going to occur is a long distance out of Ammon. He has concerns about fire protection, schools, garbage services, etc. to serve this development as well as the main part of the City of Ammon. What City ordinances apply to the farm area and adjacent properties not in the annexation? There are lots of concerns about the impact of the development from people outside the proposed annexation area as well as people inside the area. Again, the concerns have not been answered. As far as sewer and water service, it is a great idea. There are lots of other considerations, and the people out there should have rights and should be given consideration. A lot of the area involved in the proposed annexation is in the flood plain. He understood the County was not going to allow further development in the flood plain without restrictions. Mayor Ard advised that City of Ammon has a flood plain ordinance to outline the restrictions. Brad Pickett pointed out the area that is in the flood plain. I There was an inquiry about costs of providing the benefits. The developers and the City will address the costs. There were no further comments, and the Mayor closed the Public Hearing. Councilmember Folsom asked about a pressure tank and pressure reduction. She was interested in whether or not Engineer Manwill had done additional study. The size of the line needs to be determined before we look at the pressure. Bonneville County ordinances apply to properties in the County and Ammon ordinances apply to properties in the City of Ammon. Ordinances of both entities are similar. The proposed annexation is contiguous to the City of Ammon for a short distance on Crowley Road. The School District has not purchased land for a school in this development. I City Council Meeting, September 7,2000 - Page 6 Council member Crandall wondered if the City was geared to infrastructure roadwise. He is concerned with what the City of Ammon is taking on by way of responsibility to maintain roads. He pointed out the core area of Ammon, and he wondered what Ammon was willing to do to improve the roads outside of the existing core area. Improvements to 17th Street, to Sunnyside Road, and to Ammon Road benefit the majority of Ammon residents. When you get out on the periphery, there is concern about what the benefit is to the majority of Ammon residents. The City may want to involve the Bonneville County Commissioners about maintaining and improving the roads. Council member Bean shared the same concerns. East 21 st Street may need to be brought to capacity, and the details need to be worked out before the City agrees to annex. Another concern is the sewer. Undoubtedly there has been preliminary engineering on the sewer line and the sewer trunk line. However, he just realized, the trunk line will go to Mason Street, from there to Ross Avenue and to the Ross Avenue lift station. The City budgeted for expansion to the Ross Avenue lift station necessary because of the growth from Eagle Pointe and Centennial Ranch. The City needs to be proactive with engineering on the sewer line. If the City is going to develop to the east, we need to know about our capacity to handle the additional flow. There needs to be a master plan for the water system. Also, a development agreement should address where and how much land is to be donated for a park and a secondary fire station. Councilmember Bean was an original promoter of the annexation, but now he is leaning toward a development agreement to include specific details before annexation is considered. I Brad Pickett spoke for the developers. In order to provide the developers with necessary direction, he recommended the City Council take action on the request for annexation contingent upon an acceptable development agreement. If conditions of the development agreement are not met, the annexation would not take place. There was discussion on expansion of the sewer line to handle Quail Ridge and other potential developments. These developers would probably be willing to pay for an eight-inch trunk line. The City probably will require a larger trunk line. The sewer is a critical issue. Ammon needs to make sure the sewer is available and to determine the best way to handle it to meet present and future development. Water is another issue. It is more manageable, but all the questions need to be answered. There is lava on the corner of Crowley and East 1 ih Street. There may be lava in other areas, which may create some problems in extending water and sewer lines. Councilmember Folsom discussed future growth of Ammon. A likely growth area is to the east towards Quail Ridge. It is beneficial to the City to help guide the growth. Councilmember Bean states he does not oppose the annexation. He just thinks that we need some questions answered. We need to make sure we know exactly how we are going to pay for snow removal, how we are going to pay for road improvements, how we are going to get the sewer down, and all those types of things. There need to be a discussion with the developers. There needs to be discussion with Bonneville County. There needs to be discussions with ourselves. Brad Pickett stated, if the City of Ammon denies the annexation, the development is still going through. They will develop within their own septic system. Money has already been committed on the project. I Councilmember Folsom pointed out that it is generally agreed that Ammon will grow to the east. This annexation provides an opportunity to have a developer put in a majority of money or we have the opportunity to set back and let the development go into Bonneville County. The expansion is going to occur. Will Ammon get the lines or will Bonneville County get the lines? This is not a perfect situation.. It can be put into a development agreement with the annexation and get it to an agreeable situation so everyone will win. Council member Folsom moved to approve the annexation of Quail Ridge/Hillpoint Properties contingent upon (I) a park to be provided to the City with the basics to be decided by the Parks Department; (2) land provided for a fire station to be approved with Fire Chief Nelson; (3) a well, including the land, to be developed to the specifications of our I City Council Meeting, September 7,2000 - Page 7 engineer and with an appropriate holding tank if determined to be needed; (4) road right-of- ways according to City of Ammon requirements; (5) waterlines appropriately adjusted for whatever the City Engineer determines necessary; (6) the sewer to be accommodated toward including the increased lines not at the City's expense but at the developers' expense; (7) RP zoning; (8) storm water run off to be addressed; (9) a look at the lift station enlargement expenses to determine participation required and all conditions to be set forth in a development agreement to be negotiated and agreed upon by the developers and the City of Ammon. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Bean - No. The motion carried. Councilmember Bean led a discussion on sewer rates. lona Bonneville Sewer District and City of Ammon need to work together toward a mutual agreement with the City of Idaho Falls. There are certain issues that we need to be together on. Council member Bean has met several times with City of Idaho Falls Public Works Director Chad Stanger to come up with figures to present for the discussion. Calculations were based on actual rates of the City of Idaho Falls and not from the CH2HilI study. City of Idaho Falls' residents pay a basic charge of $12.50 per month for sewer. If you use the $12.50 rate and back out $2.90 for operation and maintenance, $0.379 for storm drainage, $0.710 for billing and collections, and $1 .29 for capital outlay you get $7.221. This represents the cost for treatment per household. Some reports indicate the City of Ammon flow is higher than City of Idaho Falls. This is not completely accurate. It is believed that the flow for both entities is about the same. The treatment costs figure about the same per household. The CH2Hill study said the Idaho Falls flow per household is 8839 gallons per month. Based on this figure, the cost of flow was calculated to be $0.8169 per thousand gallons for treatment. City of Idaho Falls is willing to use the lower flow figure. I History of the charges as understood by Council member Bean and Engineer Bill Manwill was reviewed. Dee Armstrong pointed out the big snag has been that IBSD could never get City of Idaho Falls to tell them what they had done and where. The District only wanted to know the details. Now the question is what do we want to do about it. We can go to City of Idaho Falls and say that we want to be billed on actual costs. We would need to include some for operation and maintenance. Further calculations came up with $0.328 per gallon for operation and maintenance. This would make total cost $0.328 per 1000 gallons for operation and maintenance plus $0.8169 per 1000 gallons for treatment (CH2HiII figure) or $1.1449 per 1000 gallons actual cost to be based on flow. City of Idaho Falls has given the same degree of maintenance to Ammon lines as they have given to their own lines. Budget figures and projections were discussed. City of Ammon has based their commercial rate for sewer to be equal with the water charge. The commercial water rate is $0.65 per 1000 gallons. This means the commercial sewer rate is about half the residential rate. Some rate adjustments may be necessary. If the commercial sewer rate is brought up, an overall raise in sewer rates may not be necessary. I Council member Bean recommended that he goes back to Chad Stanger and proposes the City of Ammon and IBSD pay $1.13 per thousand gallons of flow for the sewer, which includes a portion for operation and maintenance. Engineer Benton suggested some checking to make sure we would not be paying more than we do at present. The Council agreed that $1.13 per thousand gallons of flow is a fair rate. IBSD asked Councilmember Bean not to go to Idaho Falls with the proposed rate until they discussed it at their sewer meeting. The infrastructure plans for new sewer services will be submitted to City of Idaho Falls for review. There are two other issues that Council member Bean would like to take back to Chad Stanger. City of Ammon wants to have access to the trunk line on Sunnyside Road. Also, Ammon wants sewer access for First Street. All these negotiations should satisfy the City of Idaho Falls that we are willing to sit down to negotiate and to move ahead rate-wise. Discussion continued on sewer rates. City Council Meeting, September 7, 2000 - Page 8 Council member Crandall moved to approve the minutes of City Council Meeting held July 6, 2000. Councilmember Folsom seconded the motion. Roll call vote: Crandall- Yes; Folsom - Yes; Bean - Yes. The motion carried. I Mayor Ard opened the Public Hearing to consider the Budget for the fiscal period October 1, 2000, through September 30, 2001. Notice of the Budget Hearing was published in the Post Register on August 29 and September 25, 2000. There was no public input. Mayor Ard closed the Public Hearing. Councilmember Crandall moved to approve the budget for the fiscal period October 1, 2000, through September 30, 2001. Councilmember Bean seconded the motion. Roll call vote: Crandall- Yes; Bean -Yes; Folsom - Yes. The motion carried. Attorney Anderson introduced Ordinance No. 279, ANNUAL APPROPRIATION BILL OF 2001, AN ORDINACE 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 2001, COMENCING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS. Councilmember Folsom read Ordinance No. 279 by title and 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. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried. I' Councilmember Folsom moved the adoption of Ordinance No. 279 as an ordinance of the City of Ammon on its third and final reading. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried. Attorney Anderson introduced Ordinance No. 278 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 (CBC LAND COMPANY, a General Partnership, ELDRIDGE, ASHMENT, PACIFICORP, RIVERSIDE NURSERY PROPERTIES). This ordinance was passed by the City Council on August 17, 2000, but Engineer Bill Manwill needed to modify the property description to remove one property that the owner did not want annexed. The ordinance was passed again to correct the property description. Council member Folsom read Ordinance No. 278 by title and 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. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried. I Councilmember Folsom moved the adoption of Ordinance No. 278 as an ordinance of the City of Ammon on its third and final reading. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried. Attorney Anderson introduced Ordinance No. 280, AN ORDINANCE TO AMMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND' , PROVIDING FOR AN EFFECTIVE DATE (WOOD FUNERAL HOME). City Council Meeting, September 7,2000 - Page 9 Councilmember Crandall read Ordinance No. 280 by title and 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. Council member Folsom seconded the motion. Roll call vote: Crandall- Yes; Folsom - Yes; Bean - Yes. The motion carried. I Council member Crandall moved the adoption of Ordinance No. 280 as an ordinance of the City of Ammon on its third and final reading. Councilmember Folsom seconded the motion. Roll call vote: Crandall- Yes; Folsom - Yes; Bean - Yes. The motion carried. Jay Johnson has requested that the Ammon sewer serve Briarwood Addition. The property is within the lona Bonneville Sewer District so it falls within their jurisdiction. The only way Ammon can service the Briarwood sewer is if Jay Johnson enters into some kind of agreement with lona Bonneville Sewer District. Claims were approved. Council member Crandall moved to adjourn the meeting, and Councilmember Bean seconded the motion. The meeting was adjourned at 12:05 a.m. c~ ayor ATTEST City Clerk I I