Council Minutes 05/19/2005
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, MAY 19, 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 Rex Thompson (7:53 p.m.)
Councilmember Randy Waite
City Attorney Scott Hall
City Engineer Bill Manwill
City Planning Director Ron Folsom
City Clerk/Treasurer Diane Gempler
The following City Officials were absent:
City Administrator Bruce Rose
Councilmember Waite led the Plede:e of Allee:iance to the F1ae: and, Councilmember Bean offered a
prayer.
Councilmember Bean motioned to amend the agenda to add "Amendment ofthe special conditions in School
District #93 conditional use permits". Councilmember Anderson seconded. Roll call vote: Councilmember Bean-
Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion carried.
Minutes May 5. 2005: Councilmember Anderson motioned to table until we have attachments have been attached.
Councilmember Bean seconded. Roll Call Vote: Councilmember Anderson - Yes, Councilmember Bean - Yes,
Councilmember Waite - Yes. The motion carried.
Items from Mayor: Recognized two LDS church groups. One group held a clean-up day, picking up garbage
along the major streets. Another group participated in preparing to plant trees in Eagle Pointe Park.
Consent Ae:enda: Councilmember Bean motioned to approve the consent agenda. Councilmember Waite
seconded. Roll Call Vote: CouncilmemberBean- Yes, CouncilmemberWaite- Yes, Councilmember Anderson-
Yes. The motion carried.
Public Hearine:s: NONE
Public Comment on Items Not On Ae:enda: NONE
Villas Annexation. Initial RP-A Zonine:. Annexation Ae:reement & Ordinance #365: Public Hearing was held
before the Planning and Zoning Commission at their April 6, 2005, meeting. City Planning Director Ron Folsom
presented slides of the proposed Annexation and vicinity. The property is located north of east 2 I st South along the
south eastern edge of the Villas Addition to the City of Ammon
The Council discussed the proposed annexation.
Councilmember Bean motioned to approve the annexation with initial RP-A zoning as proposed.
Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes,
Councilmember Anderson - Yes. The motion carried.
The Council discussed the proposed annexation agreement.
Councilmember Anderson motioned to approve the annexation agreement, removing the special conditions.
Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes,
Councilmember Thompson - Abstain, Councilmember Waite - Yes.
City Council Minutes 051"'2005 - 1
Councilmember Anderson read Ordinance #365 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. (The Villas Part 2) by title and motioned that the City Council
dispense with the rule requiring the reading ofthe 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 - Abstain. The motion carried
Councilmember Anderson read Ordinance #365 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. (The Villas Part 2) by title and motioned to adopt Ordinance #365 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 - Abstain. The motion carried
The Villas Preliminary Plat: City Planning Director Ron Folsom presented slides of the proposed Preliminary Plat
and vicinity. The property is located north of east 2151 South and west of 52nd East (Neilson Road). Mr. Folsom
reported that the Planning and Zoning Commission had voted 7 for and 1 against approval of the preliminary plat
with noted changes. The changes requested by Planning and Zoning were made to the plat by the engineers and it
has been provided to the Council.
Planning and Zoning member Tom Hunsaker answered the Council's questions regarding the Commissions
discussions and motion regarding the plat.
Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, represented the developer
answering the Council's questions regarding the preliminary plat.
The Council discussed the preliminary plat.
Councilmember Bean motioned to decline the preliminary plat as proposed. Councilmember Anderson
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember-
Thompson, Councilmember Waite - Yes. The motion carried.
Eae:le Pointe Division #9 Final Plat & Development Ae:reement: City Planning Director Ron Folsom presented
slides of the proposed Final Plat and vicinity. The property is located north of Sunnyside, south of East 17th and east
of the railroad tracks in the Eagle Pointe addition to the City of Ammon
Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, represented the developer
answering the Council's questions regarding the final plat.
The Council discussed the proposed fmal plat.
Councilmember Bean motioned to approve the Eagle Pointe #9 Final Plat as presented. Councilmember
Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember
Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Councilmember Bean motioned to approve the Development Agreement with no special conditions.
Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes,
Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried.
Ouail Ride:e Division #7 Final Plat & Development Ae:reement: City Planning Director Ron Folsom presented
slides ofthe proposed Final Plat and vicinity. The property is located
Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, represented the developer
answering the Council's questions regarding the preliminary plat.
The Council discussed the proposed fmal plat.
Councilmember Bean motioned to approve the Quail Ridge #7 Final Plat as presented. Councilmember
Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes,
Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried.
City Council Minutes 05/ff2005 - 2
Councilmember Anderson motioned to approve the Development Agreement as presented with the addition
of special condition 2 designating Lot 10, block 9 to be dedicated to the City. Councilmember Thompson seconded.
Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes,
Councilmember Bean - Yes. The motion carried.
Family Care Center Request: The principals of the Family Care Center project addressed the Council regarding
an issue that has presented itself in getting one of the property owners' to sign the annexation agreement. The
Family Care Center project is willing to indemnify the City with regard to financial responsibility for the
infrastructure and collect from the unsigned property owner. The Council discussed the proposal.
The Council instructed City Attorney Scott Hall to draft an agreement to include a $75,000.00 cash CD
security to the City of Ammon to cover the infrastructure costs crossing Dr. Dennert's property and transfer of right-
of-way to City of Idaho Falls by Dr. Dennert.
Title X Revisions: City Planning Director Ron Folsom reviewed the proposed changes to Title 10 as recommended
by the Planning and Zoning Commission. The Council discussed the proposed changes.
Councilmember Anderson motioned to approve the changes as discussed and recorded by Planning
Director Folsom, and direct the City Attorney to draft the amending ordinance. Councilmember Waite seconded.
Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes,
Councilmember Thompson - Yes. The motion carried.
Records Retention and Destruction Resolutions: City Clerk Diane Gempler reported the resolution has been
drafted to comply with the new State Code.
Councilmember Anderson motioned to approve resolution 2005-008 with changing payroll records to be
retained for five years. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes,
Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried
Councilmember Anderson motioned to approve resolution 2005-009 changing item 1.a. to two (2) years
from issuance of Certificate of Occupancy, and excluding home occupation permits, all other items to be destroyed
according to retention policy. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes,
Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried
Award Bid - Garbae:e Truck: Councilmember Waite motioned to award the Garbage Truck bid to Hirning of
Pocatello. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean-
Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried.
Memorandum of Understandine: - Frequency Usae:e: Councilmember Bean reported on the agreement that has
been negotiated with the City ofIdaho Falls for their dispatch service usage of the radio frequency licensed to the
City of Ammon. The agreement ensures that Ammon events will take precedence in use of the system.
Councilmember Bean motioned to approve the Memorandum of Understand and authorize Mayor Ard to
sign the agreement. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember
Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried.
Amendment of the Special Conditions in School District #93 Conditional Use Permits: Planning Director Ron
Folsom presented proposed changes to the special conditions in the Cottages and Township permits requested by the
School District. The changes do not change the intent of the conditions as outlined by the Council at their May 5,
2005.
Councilmember Bean motioned to approve the changes as requested. Councilmember Anderson seconded.
Roll call vote: Councilmembc;:r Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes,
Councilmember Waite - Yes. The motion carried.
Miscellaneous Discussion Items:
WinderlPark Property Request: Mr. & Mrs. Winder live on the south side of Eagles Homestead Park and have
asked that the Council consider a request to vacate a portion of City park property to them. The Council discussed
whether to advertise that portion of City park property to allow the Winders' an opportunity to purchase the property
they need to bring their set back into compliance. A public hearing will be scheduled for auction of the property, a
minimum qualifying bid will be established by the average square foot cost of property in the neighborhood.
City Council Minutes 05/05/2005 - 3
Business Licenses: City Attorney Scott Hall advised the Council that they cannot restrict the renewal of a business
license when the business is in compliance with the zoning regulations for the zone they are operating in.
Councilmember Bean reported he will not be present on 2nd or 16th of June. Councilmember Waite
reported he will not be available on the 2nd. The regular June meetings were rescheduled to June 9th and June 23rd.
The clerk will post and publish the schedule change.
Councilrnember Bean reported that the owner of Eastgate Drug has asked if there is anything the Council
can do to restrict parking on Midway as "site" workers are parking on the street. The possibility of restricting
parking by posting 2 Hour parking signs in the Commercial zones where the all day parking is occurring.
The meeting was adjourned to executive session at II ,55 :~~~
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Diane B Gempler, Clerk/Treasurer
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