Council Minutes 08/04/2005
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, AUGUST 4, 2005
The meeting was called to order by Council Chair Lee Bean at 7:30 p.m. in the City Building, 2135 South Ammon
Road, Ammon, Idaho, with the following City Officials present:
Councilmember W. Lee Bean
Councilmember Karen Y. Anderson
Councilmember Randy Waite
Councilmember Rex Thompson
City Attorney Scott Hall
City Administrator Bruce Rose
City Planning Director Ron Folsom
City Engineer Bill Manwill
City Clerk/Treasurer Diane Gempler
City Officials absent:
Mayor C. Bruce Ard
Councilmember Anderson led the Plede:e of AIle2iance to the Flae: and, Councilmember Bean offered a
prayer.
Minutes June 23. 2005: Councilmember Anderson motioned to approve the June 23, 2005, minutes.
Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson
- Yes, Councilmember Waite - Yes, Council member Bean - Yes. The motion carried.
Minutes July 21. 2005: Councilmember Anderson motioned to approve the July 21,2005, minutes with corrections
noted. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite -
Yes, Councilmember Bean - Yes, Councilmember Thompson - Abstained due to absence. The motion carried.
Items From Mavor: City Planning Director reported that expiration dates for the two newly appointed Planning
and Zoning Commission members are requested to be set as December 31, 2007 for Richard Jaussi and, December
31, 2006 for Dana Kirkham.
Councilmember Waite motioned to set the term expirations of December 31, 2006 for Dana Kirkham and
December 31, 2007 for Richard Jaussi. Councilmember Thompson seconded. Roll call vote: Councilmember
Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The
motion carried.
Consent Ae:enda: Councilmember Bean motioned to approve the Consent Agenda as presented. Councilmember
Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember
Anderson - Yes, Councilmember Thompson - Yes. The motion carried.
Public Dearine: - Fiscal Year 2006 Bude:et: Notice of the Hearing was published in the Post Register on July 21,
2005 and July 28,2005.
Councilmember Bean called the hearing to order and swore in those individuals who were interested in
testitying. There were no parties interested in testitying. Councilmember Bean closed the hearing..
The Council discussed the proposed budget Councilmember Bean noted that an adjustment has been made
as the requested reimbursement from the animal shelter is higher than planned. The difference was deducted from
the contingency line item in the General Fund.
Councilmember Waite motioned to approve the Fiscal Year 2006 Budget as presented with the change in
the animal shelter expenditure. Councilmember Anderson seconded. Roll call vote: Councilmember Waite - Yes,
Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion
carried
City Council Minutes 8/04/2005 - I
Public Heanne: - Sale of Propertv: Notice of the Hearing was published in the Post Register on July 21, 2005 and
July 28, 2005
Councilmember Bean called the hearing to order and swore in those individuals who were interested in
testifying.
City Administrator Bruce Rose presented the proposal to the Council. The City owns a small parcel of
property accessing Eagle Point Park. The parcel is 138.13 feet by 5 feet. The neighboring property owners wish to
purchase the parcel. Park Director Ken Knoch has been consulted about the access to the park and does not need the
5 foot strip of property to complete the access.
Scott Winder, 4202 Willow Canyon Circle addressed the Council and explained the reason he would like to
purchase the strip of property.
The Council discussed the proposed sale of surplus property.
Councilmember Anderson motioned to declare that portion of the Eagle Pointe Park walking path access
not utilized by the park designated as surplus property. Councilmember Thompson seconded. Roll call vote:
Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember
Bean - Yes. The motion carried.
Councilmember Anderson motioned to hold a public auction by sealed bids to be opened on October 5,
2005, the minimum bid to be $700.00 plus closing costs. Councilmember Waite seconded. Roll call vote:
Councilmember Anderson - yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember
Thompson - Yes. The motion carried.
ACTION ITEMS:
Grant Authorization - Pearl House: Ted Hendricks of East Central Idaho Planning and Development reported to
the Council on the progress with the Economic Development Grant that has been applied for by the Pearl
HouselFamily Care Center. Mr. Hendricks informed the Council that the group has an opportunity for another grant
and would like the City to sponsor the organization in seeking this second grant. The costs to be borne by the City
with regard to the grant would be administrative only, no matching funds
Ammonside Division #1 PreliminarvlFinal Plat and Development Ae:reement: Planning Director Ron Folsom
presented slides showing the general vicinity and location of the property. The property is located at the southeast
comer of Sunnyside and Hitt Road.
Scott Bishop of Woodbury LLC., addressed the Council and reiterated their proposal for access to the
property and, answered the Council's questions.
The Council discussed the proposed preliminary/final plat and neighboring accesses to Sunnyside.
Councilmember Bean motioned to approve the preliminary/final plat with the conditions that there is a
deceleration lane from west to east, the Council reserves the right to designate the exit from the access as right-turn
only. Councilmember Anderson, seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson
- Yes, Councilmember Thompson - Yes, Councilmember Waite. The motion carried.
The Council discussed the proposed development agreement.
Councilmember Bean motioned to approve the development agreement, editing SC-I to add "except as specified in
this agreement," adding SC-3 addressing the deceleration lane requirement; and, the addition ofSC-3 reserving the
right of the Council to designate the exit from the Sunnyside access as right-turn-only at a future date.
Councilmember Anderson, seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson -
Yes, Councilmember Thompson - Yes, Councilmember Waite. The motion carried.
Public Comment on Items not on Menda: Bruce Brooks, 2340 Mirinda, addressed the Council regarding low
water pressure in the Centennial Ranch and Briarwood Additions. Mr. Brooks previously addressed the Council
regarding the water pressure problems in August 2004.
The Council informed Mr. Brooks of the ongoing efforts to address the issue. The City is working on
securing ground-water rights, upgrading wells, new wells that have been budgeted for, and the pending annexation
and development along Ammon Road north of 17th Street that will allow looping of the water line and equalization
of water pressure in those neighborhoods currently experiencing the problem.
Founders' Pointe Annexation Ae:reement and Ordinance: City Planning Director Ron Folsom presented slides
of the location. The Annexation was approved by the Council on July 21,2005. Mr. Folsom reported that the
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developer is in negotiations with the developers' of Brogan Creek to bring the sewer lines from Founders' Pointe to
the Cottages.
The Council discussed the proposed Annexation Agreement.
Councilmember Anderson motioned to approve the Founders' Pointe Annexation Agreement with the
addition ofSC-3 addressing the sewer line improvements. Councilmember Waite seconded. Roll call vote:
Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember
Thompson - Yes.
Councilmember Anderson read Ordinance #373, 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 by title and motioned that the 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 Anderson - yes, Councilmember Waite - Yes,
Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried.
Councilmember Anderson read Ordinance #373, 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 by title and motioned that the City Council adopt Ordinance #373 as
an ordinance of the City of Ammon on its third and final reading. Councilmember Waite seconded. Roll call vote:
Councilmember Anderson - yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember
Thompson - Yes. The motion carried.
Christensen Street Standard Request: City Engineer Bill Manwill reported that he has been approached by a
gentleman who is interested in improving Terrill Drive through to Lincoln Road. The Christensen's can develop the
right-of-way to County standards, or if the City would annex the 40 feet of County property the street could be
developed to the City's standards.
The Council discussed the information and decided that they would not take any action.
Trailwood Villa2e Division #9 Site Plan: City Planning Director Ron Folsom presented slides showing the general
vicinity and location of the property. The property is located at the intersection of Chase wood and Midway. The Lot
is zoned R2-A and if approved, two four-plexes will be constructed. Planning and Zoning reviewed the site plan at
their August 3rd meeting and recommend Council approval of the preliminary site plan.
Casey Dennert, 3025 Devonwood, of Benton Engineering answered the Council's questions about the site
plan.
The Council discussed the preliminary site plan.
Councilmember Waite motioned to approve the Trailwood Villiage Division #9 Preliminary Site Plan as
presented. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean-
Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried.
Ea21e Pointe Division #9 Revised Final Plat: City Planning Director Ron Folsom presented slides of the revised
final plat and vicinity. The property is located south of 17th Street in the south east section of the Eagle Pointe
addition to the City. The revision is being presented for approval to allow construction of a home on a lot that is
partially in the flood-plain.
The Council discussed the proposed final plat revision.
Councilmember Anderson motioned to approved the Eagle Pointe Division #9 Revised Final Plat.
Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes,
Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried.
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Solitude Amended Annexation Ae:reement and Ordinance: City Planning Director Ron Folsom presented the
Amended agreement and ordinance. At the time of the annexation, an error in the legal description annexed a small
portion of property of another property owner that was not participating in the request.
Councilmember Anderson motioned to approve the Solitude Amended Annexation Agreement.
Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson
- Yes, Councilmember Waite - Yes, Councilmember Bean - Yes The motion carried.
Councilmember Bean read Ordinance #374, AN ORDINANCE CORRECTING ORDINANCE NO. 337
AS THE RESULT OF AN INCORRECT LEGAL DESCRIPTION WHICH ANNEXED CERTAIN LANDS TO
THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID
CORRECTED LEGAL DISCRIPTION TO LAND ANNEXED INCLUDING THE ZONE THERETO AND
PROVIDING FOR AN EFFECTIVE DATE. by title and motioned that the City Council dispense with the rule
requiring the reading of the ordinance on three different days and that the three readings be waived.
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 #374, AN ORDINANCE CORRECTING ORDINANCE NO. 337
AS THE RESULT OF AN INCORRECT LEGAL DESCRIPTION WHICH ANNEXED CERTAIN LANDS TO
THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID
CORRECTED LEGAL DISCRIPTION TO LAND ANNEXED INCLUDING THE ZONE THERETO AND
PROVIDING FOR AN EFFECTIVE DATE. by title and motioned that the City Council adopt Ordinance #374 as
an ordinance of the City of Ammon on its third and final reading. Councilmember Anderson seconded. Roll call
vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes,
Councilmember Waite - Yes. The motion carried.
Solitude Division #1 Revised Development Ae:reement (School Dist. 93) & Cottae:es Division #8 Revised
Development Ae:reement (School Dist. 93): City Planning Director Ron Folsom presented the revised agreements.
The School District has requested use ofthe surface water rights to irrigate the school grounds.
Councilmember Bean motioned to approve both the Solitude Division #1 and Cottages Division #8 revised
Development Agreements. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes,
Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion
carried.
Well #6 Modifications: City Engineer Bill Manwill explained the modifications which need to be made to Well #6
to facilitate transfer of water rights within the City's water system. Estimates for the modifications that are required
to secure the water rights and potential upgrades (if warranted) have been provided by Schiess and Associates.
Councilmember Waite motioned to authorize proceeding with Phases I and 2, Phase 3 to be authorized at
Mayor Ard's discretion. Councilmember Anderson - seconded. Roll call voted: Councilmember Waite - Yes,
Councilmember Anderson - Yes, CounciImember Bean - Yes, Councilmember Thompson - Yes. The motion
carried.
SCADA System - Wetco Payment Request: City Administrator Bruce Rose presented the payment request.
Delays in full completion of the system are due to factors outside the vendor's control.
Councilmember Anderson motioned to approve payment of$45,213.75 to WetCo. Councilmember
Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes,
Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried.
Miscellaneous Discussion:
The Council discussed adjustment to the frontage fees resolution to address development along arterial
streets. Councilmember Anderson explained the formula developed to determine the fee.
Councilmember Thompson reported he has been asked when the City will be putting the speed humps on
Tiebreaker Drive. The Council discussed the information provided to date, whether the humps should be permanent
or temporary, and the proposed locations. Estimates and locations will be brought to the Council at their August
II tit work session.
Councilmember Bean motioned to move to executive session regarding pending litigation. Councilmember
Waite seconded. All in favor, the motion adjourned to executive session.
Councilmember Thompson motioned to adjourn. Councilmember Waite seconded.
The meeting adjourned at II: 15 p.m.
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