Council Minutes 07/21/2005
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JULY 21, 2005
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 W. Lee Bean
Councilmember Karen Y. Anderson
Councilmember Randy Waite
City Attorney Scott Hall
City Administrator Bruce Rose
City Engineer Bill Manwill
City ClerkITreasurer Diane Gempler
City Officials absent:
Councilmember Rex Thompson
City Planning Director Ron Folsom
Councilmember Waite led the Plede:e of Allee:iance to the Flae: and, Councilmember Anderson offered a
Draver.
Minutes June 23. 2005: Councilmember Anderson motioned to table the June 23, 2005, minutes for clarification of
the discussions with Scott Bishop of Woodbury Corporation. Councilmember Bean seconded. Roll call vote:
Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried.
Items From Mavor: Mayor Ard recommended that Dana Kirkham and Richard yazzie be appointed to the
Planning and Zoning Commission.
Councilmember Anderson motioned to approve the appointment of Dana Kirkham and Richard Jaussi to
the Planning and Zoning Commission. Councilmember Waite seconded. Roll call vote: Councilmember Anderson
- Yes, Councilmember Waite - Yes, Councilmember Bean.
Consent Ae:enda: Councilmember Bean motioned to approve the Consent Agenda as presented. Councilmember
Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember
Waite - Yes. The motion carried.
Public Dearine: - Frontae:e Fees. Flood Elevation Certificates. CODvlFaxlRecords Requests. Returned Check
Fees. Under Construction Utility Rates and Sewer Rates: Notice of the Hearing was published in the Post
Register
City Clerk Diane Gempler summarized the proposed ordinance and resolutions for the Council.
Mayor Ard called the hearing to order and swore in those individuals who were interested in testifying.
There was not any testimony for or against the proposed fees.
Councilmember Anderson voiced a concern with the wording of the last sentence in Section I and in
Section 3. City Attorney Scott Hall recommended the sentences be rephrased to indicate frontage fees would not be
charged if the main utility lines were constructed at the petitioning developers' expense. Sections I and 3 will be
phrased to be consistent with Section 4. The frontage fees would not be charged if infrastructure improvements
were constructed at the petitioning developers' expense.
Councilmember Anderson read Ordinance #372 AN ORDINANCE PROVIDING THAT A CHARGE PER
LINEAL FOOT OF INFRASTRUCTURE IMPROVEMENTS FOR PROPERTY ABUTIING EITHER SIDE OF
A ROADWAY SHALL BE IMPOSED. SUCH FEE SHALL BE IMPOSED AT THE TIME OF FINAL
PLA TIING AND SHALL BE PAYABLE TO THE CITY OF AMMON PRIOR TO THE ISSUANCE OF AiBUILDING PERMIT. FEE SHALL BE CHARGED FOR ANY INFRASTRUCTURE IMPROVEMENTS;
PROVIDING FOR REIMBURSEMENT TO THE CITY FOR THE COST OF SAID IMPROVEMENTS
ADJACENT TO PRIVATE PROPERTY; PROVIDING FOR FEES TO BE SET BY RESOLUTION OF THE
CITY COUNCIL, AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. by title and
City Council Minutes 7/2112005 -- I
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 Bean seconded. Roll call vote: Councilmember Anderson
- Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried.
Councilmember Anderson read Ordinance #372 AN ORDINANCE PROVIDING THAT A CHARGE
PER LINEAL FOOT OF INFRASTRUCTURE IMPROVEMENTS FOR PROPERTY ABUTTING EITHER SIDE
OF A ROADWAY SHALL BE IMPOSED. SUCH FEE SHALL BE IMPOSED AT THE TIME OF FINAL
PLATTING AND SHALL BE PAYABLE TO THE CITY OF AMMON PRIOR TO THE ISSUANCE OF A
BUILDING PERMIT. FEE SHALL BE CHARGED FOR ANY INFRASTRUCTURE IMPROVEMENTS;
PROVIDING FOR REIMBURSEMENT TO THE CITY FOR THE COST OF SAID IMPROVEMENTS
ADJACENT TO PRIVATE PROPERTY; PROVIDING FOR FEES TO BE SET BY RESOLUTION OF THE
CITY COUNCIL, AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE by title and
motioned that the City Council adopt Ordinance #372 as an ordinance ofthe City of Ammon on its third and fmal
reading. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean
- Yes, Councilmember Waite - Yes. The motion carried.
The Council reviewed proposed Resolution 2005-013 - Frontage Fees. Councilmember Anderson voiced
concern that the amounts will not fully compensate the City for costs expended in infrastructure improvements made
by the City prior to development. The Council discussed the proposed fee structure.
Councilmember Bean motioned to approve Resolution 2005-013 establishing Frontage Fees as presented.
Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes,
Councilmember Anderson - Yes. The motion carried.
Councilmember Bean motioned to approve Resolution 2005-014 establishing fees for Elevation
Certificates, Copy, Fax, and large Public Record Request services as presented. Councilmember Anderson
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember - Waite.
Councilmember Bean Resolution - 2005-015 modifying Returned Check Fees, Residential Sewer Rates-
New Construction Utility Rates. as presented. Councilmember Anderson seconded. Roll call vote:
Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember - Waite.
ACTION ITEMS:
Ammonside Division #1 PreliminarvlFinal Plat: City Administrator Bruce Rose presented slides showing the
general vicinity and location of the property. The property is located at the southeast comer of Sunnyside and Hitt
Road.
Jarin Hammer, Vice Chair of Planning and Zoning reported that the Commission voted unanimously to
recommend approval the proposed PreliminarylFinal Plat.
Kim Leavitt, of Harper Leavitt Engineering, 985 N. Capital, Idaho Falls, represented the developer and
answered the Council's questions regarding the proposed PreliminarylFinal Plat.
Scott Bishop of the Woodbury Corporation, answered the Council's questions regarding the proposed Plat
The Council reminded the developer that they had previously requested a preliminary plan for the entire
property .
The Council discussed the proposed preliminary/final plat, specifically the planned entrance to the property
from Sunnyside.
Councilmember Anderson motioned to approve the Ammonside Division #1 PreliminarylFinal Plat
requested, with temporary access onto Sunnyside, with permanent access to be determined upon preliminary plat on
larger area with traffic study. Motion withdrawn.
Councilmember Bean motioned to approve the Ammonside Division #1 Preliminary/Final Plat requested
Temporary access as shown with permanent access to be determined when traffic study substantiates the need and/ornwhen eagle road is constructed. Motion withdrawn
Councilmember Bean motioned to table the proposed preliminary/final plat until traffic study is completed
by the petitioner. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember
Waite - Yes, Councilmember Anderson - Yes.
Familv Care Center/ Pearl House Development Aereement: Bruce rose reported that Ron Folsom and Scott Hall
had added Special Conditions as requested by the Council
The Council discussed the development agreement and reviewed the costs to be reimbursed by the
Economic Development Grant.
City Council Minutes 7/2l/2005 -- 2
Councilmember Bean motioned to approve the amended Family Care Center/Pearl House Development
Agreement with edit to SC-2 specifying curb, gutter, sidewalk and asphalt. Councilmember Waite seconded. Roll
call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - No, as they are
not paying for utilities adjacent to the property. The motion carried.
Cobblestone Preliminary Plat: City Administrator Bruce Rose presented slides showing the general vicinity and
location of the property. The property is located north of I st Street and east of Sandcreek in the Ashment Addition to
the City. The Planning and Zoning Commission reviewed the plat at their June 1,2005, meeting and voted to
recommend the City Council approve the preliminary plat. The Council recommended changes to the preliminary
plat at their June 16, 2005, meeting.
Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering explained that the changes made to
the preliminary plat were in street width and, does not incorporate the Council's requested changes. The
development is now being planned as a gated community in order to maintain their original layout and attract the
target market of home buyers. Mr. Cunningham explained that the developer and homeowners' association will
maintain responsibility for the streets, clearing snow, etc. The City would maintain water and sewer lines.
The Council discussed the preliminary plat
Councilmember Anderson recommended putting the following requirements in the Development
Agreement when the Final Plat is brought to the Council: 1) Covenants must state that the streets are privately
owned by the homeowners; 2) Provision of Election of Home Owners Association Officials among the property
owners within the development; anq 3) the City will maintain water/sewer lines as the service provider.
Councilmember Waite motioned to approve the Cobblestone Preliminary Plat as a gated community.
Councilmember Anderson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Anderson-
Yes, Councilmember Bean - Yes. The motion carried.
Founders Pointe Annexation with initial RP Zonin!!: Notice of the Hearing was published in the Post Register on
June 22 and June 29, 2005. Notice ofthe hearing was also mailed to property owners within five hundred (500) feet
of the subject property and, to other parties of interest. The Hearing was held before the Planning and Zoning
Commission at their July 6, 2005, meeting. The Commission voted unanimously to recommend the City Council
approve the annexation as presented.
City Administrator Bruce Rose presented slides showing the general vicinity and location of the property.
The property is located south of Sunnyside, west and north of the Founders' Pointe Addition to the City of Ammon.
Planning and Zoning Vice-Chair Jarin Hammer reported that planning and zoning voted unanimously to
recommend the Council approve the annexation with initial RP Zoning.
Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the request for the
developer and answered the Council's questions.
Councilmember Waite motioned to approve the Founders Pointe Annexation with initial RP Zoning.
Councilmember Anderson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Anderson-
Yes, Councilmember Bean - Yes. The motion carried.
US CeUularNerizon - Conditional Use Permit and Variance: Notice of the Hearing was published in the Post
Register on June 22 and June 29, 2005. Notice of the hearing was also mailed to property owners within five
hundred (500) feet of the subject property and, to other parties of interest. The Hearing was held before the
Planning and Zoning Commission at their July 6, 2005, meeting. The Commission voted unanimously to
recommend the City Council approve the Variance and Conditional Use Permit as presented.
City Administrator Bruce Rose presented slides showing the general vicinity and location of the property.
The property is located 2483 South Eagle Drive.
Planning & Zoning Vice Chair Jarin Hammer reported on the Commission's discussion ofthe Code
requirements and recommendation with regard to the requested variance(s) and conditional use permit and,
answered the Council's questions.
Jerry Hansen, Alcoa Wireless, representing Verizon Wireless answered the Council's questions with
respect to tower life. Mr. Hansen explained the limitations necessitating expansion of service provisions.
The Council discussed the requested Variance and Conditional Use Permit. It was agreed that the
Conditional Use Permit and Variance will expire upon expiration of the US Cellular property lease.
Councilmember Anderson motioned to approve the Verizon Wireless requested Conditional Use Permit
and Variance. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember
Bean - Yes, Councilmember Waite - Yes. The motion carried.
City Council Minutes 7/21/2005 -- 3
Jehovah's Witness Church - Special Use Permit. Church in a RI-A Zone: Notice of the Hearing was published
in the Post Register on June 22 and June 29, 2005. Notice of the hearing was also mailed to property owners within
five hundred (500) feet of the subject property and, to other parties of interest. The Hearing was held before the
Planning and Zoning Commission at their July 6, 2005, meeting.
Planning and Zoning Vice-Chair Jarin Hammer reported the commission voted unanimously to recommend
the City Council approve the Jehovah's Witness Church request for a Special Use Permit to construct a church in the
RI-A Zone.
City Administrator Bruce Rose presented slides showing the general vicinity and location of the property.
The property is located north of Township Road and east of Sweetwater Drive.
The Council discussed the requested special use permit.
Councilmember Bean motioned to approve the requested Special Use Permit for a Church in an RI-A zone.
Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes,
Councilmember Waite - Yes. The motion carried.
Familv Care Center Conditional Use Permit: Notice of the Hearing was published in the Post Register on June 22
and June 29, 2005. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the
subject property and. to other parties of interest. The Hearing was held before the Planning and Zoning Commission
at their July 6, 2005, meeting.
City Administrator Bruce Rose presented slides showing the general vicinity and location of the property.
The property is located east of 25th East (Hitt Road) and north of 49th South (Township Road).
Planning & Zoning Vice Chair Jarin Hammer reported on the Commissions discussion and
recommendation with regard to the requested conditional use permit and answered the Council's questions regarding
their decision. The Commission voted unanimously to recommend approval of the requested conditional use
permit(s) providing: I) The facility will only be allowed to have as many animals as residents in the RE zone; and.
2) The permit(s) are required to be brought for review in three years (June 2008).
Kim Leavitt answered the Council's questions regarding the developer's request. The developer agrees
with the Planning and Zoning Commission's recommendations.
The Council discussed the requested Conditional Use Permit(s).
Councilmember Anderson motioned to approve the req~ested Conditional Use Permits for the medical
counseling facility with overnight stays and. horses in the PB zone for use in therapy, the number not to exceed that
allowed in the RE zone. The Permit(s) are to be brought for review in three years (June 2008). Councilmember
Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember
Bean - Yes. The motion carried.
Trailwood Division #9 First Amended Plat: City Administrator Bruce Rose presented slides showing the general
vicinity and location of the property. The property is located north of 17th East at the east end of Chasewood on the
west side of Midway.
Planning & Zoning Vice Chair Jarin Hammer reported on the Commissions discussion and
recommendation with regard to the requested plat amendment. The Commission voted unanimously to approve the
requested amendment.
Casey DenneTt, 3025 Devonwood. of Benton Engineering, presented the request for the developer and
answered the Council's questions. Mr. Dennert indicated that the request would allow for the construction of one
additional four-plex. The developer feels the large RI-A lot created by the amendment would be a good location for
a day-care facility.
The Council discussed the requested plat amendment.
Councilmember Bean motioned to deny the requested Trailwood Division #9 First Amended Plat as it
would allow an additional four-plex to be constructed in the division. Councilmember Anderson seconded. Roll
call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion
carried.
Ammon Office Park Site Plan: City Administrator Bruce Rose presented slides showing the general vicinity and
location of the property. The property is located north of 17th Street and Wally's Auto between K-Mart and Midway
A venue.
Planning & Zoning Vice Chair Jarin Hammer reported on the Commissions discussion and their
recommendation that the Council approve the proposed preliminary site plan.
City Council Minutes 7121/2005 -- 4
The Council discussed the proposed preliminary site plan.
Councilmember Anderson motioned to approve the Ammon Office Park Site Plan as presented.
Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes,
Councilmember Waite - Yes. The motion carried.
Tire Store Site Plan: City Administrator Bruce Rose presented slides showing the general vicinity and location
of the property. The property is located north of 17th Street and Wally's Auto between K-Mart and Midway Avenue.
Planning & Zoning Vice Chair Jarin Hammer reported on the Commissions discussion and
recommendation that the Council approve the proposed preliminary site plan.
The Council discussed the proposed preliminary site plan.
Councilmember Anderson motioned to approve the Ammon Office Park Site Plan as presented.
Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes,
Councilmember Waite - Yes. The motion carried.
Eastnte Drue: Site Plan: City Administrator Bruce Rose presented slides showing the general vicinity and location
of the property. The property is located south of 17th Street on the east side of Midway.
Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the site plan for the
owner and answered the Council's questions.
Planning & Zoning Member Tom Hunsaker reported on the Commissions discussion and recommendation
with regard to the requested. The Commission voted unanimously to recommend the Council approve the site plan
as requested, with the inclusion of a six-foot vinyl fence.
The Council discussed the proposed preliminary site plan.
Councilmember Bean motioned to approve the Eastgate Drug Preliminary Site Plan as presented with the
inclusion of a six-foot masonry fence. Councilmember Anderson seconded. Roll call vote: Councilmember Bean-
Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion carried.
Merlin's TV Site Plan: City Administrator Bruce Rose presented slides showing the general vicinity and location
of the property. The property is located on the north side ofBrianne east ofIHOP and west of the Ameritel.
Planning & Zoning Vice Chair Jarin Hammer reported on the Commissions discussion and
recommendation. The Commission voted unanimously to approve the preliminary site plan as presented.
Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the site plan for the
developer and answered the Council's questions.
The Council discussed the proposed preliminary site plan.
Councilmember Bean motioned to approve the Merlin's TV Site Plan as presented. Councilmember Waite
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson-
Yes. The motion carried.
The Villas Revised Preliminary Plat: City Administrator Bruce Rose presented slides showing the general
vicinity and location of the property. The property is located north of East 21 st South, west of 5200 East (Nielsen
Loop Road) and east of East 17th.
Planning & Zoning Member Tom Hunsaker reported on the Commission's discussion and recommendation
with regard to the proposed preliminary paths. The Commission voted unanimously to recommend approval of the
preliminary plat with the requirement that a 10 foot bike path would be included along 17th Street and an 8 foot bike
path would be included along Castelli Drive.
Councilmember Bean motioned to approve the Villas Revised Preliminary Plat as presented with the
inclusion of bicycle paths as recommended by the Planning and Zoning Commission. Councilmember Anderson
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Waite -
Yes. The motion carried.
Founder's Pointe Division #1 Final Plat and Development A2:reement: City Administrator Bruce Rose
presented slides showing the general vicinity and location of the property. The property is located south of
Sunnyside, west and north of the Founders' Pointe Addition to the City of Ammon.
Planning & Zoning Member Tom Hunsaker reported on the Commission's discussion and
recommendation. The Commission voted unanimously to recommend approval of the Final Plat
Alan Cunningham, 1020 Lincoln Road of Mountain River Engineering answered the Council's questions
regarding the proposed Final Plat.
City Council Minutes 7/21/2005 -- 5
The Council discussed the proposed Final Plat and Development Agreement. The special conditions from
the Annexation Agreement have been included in the Development Agreement presented.
Councilmember Anderson motioned to approve the Founders' Pointe Division #1 Final Plat at
Development Agreement as presented. Councilmember Waite seconded. Roll call vote: Councilmember Anderson
- Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried.
Steve Furhiman - Permit to Move Storai!e Buildini!: City Administrator Bruce Rose presented a request for a
permit to move a storage building from 2150 Avocet to his property at 1810 Avocet brought by Mr. Steve Furhiman.
City Building Official George Klomp has inspected the building and indicated the building is structurally sound and
able to be moved. The preliminary site plan presented by Mr. Furhiman conforms to City Code. Mr. Furhiman will
obtain a building permit prior to place the foundation and moving the building.
Councilmember Anderson motion to approve the permit to move the storage building, acting as the Board
of Adjustments, pursuant to City Code. Councilmember Waite seconded. Roll call vote: Councilmember Anderson
- Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried.
School Disttict Request for Waiver of Plan Review Fees: The Council reviewed a letter from School District #93
requesting that the plan review fee for one ofthe new elementary schools be waived. City Administrator Bruce
Rose presented staff recommendation to deny the request, as there are numerous builders both for profit and not-for-
profit who submit repeat plans for different locations who pay the plan review fee in conjunction with each building
permit issued.
The Council directed Mr. Rose to inform the school district that their request is denied.
Hillview ChiD-Seal Bids: City Administrator Bruce Rose reported on the quotes from Bonneville County and
Henschel's Street Sweeping for Chip/Sealing of the streets in the Hillview Division.
Councilmember Anderson motioned to approve the work to be done at the costs proposed.
Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes,
Councilmember Bean - Yes. The motion carried.
Councilmember Bean motioned to move to executive session to discuss pending litigation. Councilmember
Waite seconded. The meeting was adjourned to executive session.
The meeting adjourned at 12:30 a.m. July 22, 2005.
Cc~
City Council Minutes 7/21/2005 -- 6