Council Minutes 05/05/2005
Conditional Use Permit as issued based upon the findings and order of the
Ammon City Council in its meeting of May 5, 2005, as follows:
SC-l: School District to construct the full width of Brennan Bend Road from anct
including the intersection of Stafford Road and Brennan Bend Road to the end of
their property line to include drainage swale and sidewalk on the north. No
improvements beyond the asphalt on the south.
SC-2: School District agrees to bus everyone within the boundaries of the
elementary school with the exception of those living in The Cottages located on
the south side of 21 st street. This busing shall continue until such time the School
District and the City of Ammon shall reach further agreements regarding busing
based on build out of the area, infrastructure, safety and other relevant issues.
SC-3: School District to provide one cross walk at the comer of the intersection
of a future road entering the Villas subdivision on the north side of 21 st Street
across 21 st Street, which will have immediate access to pedestrians into school
property through an opening in the fence. The City of Ammon will be responsible
for striping the crosswalk according to cross walk standards approved by the City
Engineer.
SC-4: School District agrees to man such cross walk with a crossing guard from a
minimum of 30 minutes before and after school is convening and dismissing and
agrees that such crossing guard will meet all of the state requirements for crossing
guards as designated by state statute or policy.
SC-5: City of Ammon agrees to reduce the speed limit along 21st street to 40
MPH and agrees to install signage for such as necessary.
SC-6: School District agrees to provide for signage necessary for a school zone
according to and in agreement with the City Engineer and City agrees to maintain
such signage after it is installed correctly.
SC-7: School District Agrees to install turn lanes at Stafford Road and 21 st
Street, Villa's and 21 st Street and perform all other improvements at the
intersections thereof and the intersection of Brennan Bend Road and Stafford
Road as required or recommended by an addition to the current traffic study
requested at those intersections.
SC-8: School District agrees not to convert the proposed bus entrance to other
vehicular traffic and will take all precautions to prevent all other vehicular traffic
from entering and utilizing the bus entrance. School District additionally agrees to
provide whatever improvements as required by the City Engineer that may be
necessary to accommodate ingress and egress from 21 st Street with the exception
that the School District will not be responsible for providing turn lanes into the
bus entrance.
DEVELOPMENT AGREEMENT - 5
5160-5
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, MAY 5, 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
Councilmember Randy Waite
City Attorney Scott Hall
City Administrator Bruce Rose
City Engineer Bill Manwill
City Planning Director Ron Folsom
City Clerk/Treasurer Diane Gempler
Councilmember Thompson led the Pledl!e of Alleeiance to the Flal! and, Councilmember Anderson
offered a prayer.
Minutes April 21. 2005: Councilmember Anderson motioned to approve the April 21, 2005, minutes as corrected.
Councilmember Thompson seconded. Roll Call Vote: Councilmember Anderson - Yes, Councilmember
Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried.
Items from Mavor: None
Consent Al!enda: Councilmember Bean motioned to approve the consent agenda with the exception of the request
by Benjamin Furhiman. Councilmember Anderson seconded. Roll Call Vote: Councilmember Bean - Yes,
Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion
carried.
Public Comment on Items Not On Al!enda:
Mr. Kenneth Lembrich, 2640 Salmon, addressed the Council regarding lighting at a construction site at
night near his home. Mr. Lembrich stated that there was not any notice of the work being done at night. And, that
following a call to the Sheriff by Mr. Lembrich, Councilmember Bean had to call the Sheriff before any response to
the problem was received. City Administrator Bruce Rose reported on his discussions with the contractor at the site
in question. Mr. Lembrich was informed that the Council will discuss the issue further at their May 12, work
meeting.
Tim & Amy Kaser, 2600 Salmon, voicing their complaint about lights from mop and Ameritel and,
potential for more lights from the go-kart facility. Also, trash from the commercial and bike/walking paths. The
Kaser's also expressed frustration that street sweepers are working at the Ammon Towne Center at three in the
morning, again this spring although the City has informed the centers' management that it is not acceptable annually.
Staff was instructed to put the Go Kart buildingllandscaping, and the noise and light concerns on the work session
agenda.
Norman and Donna Lyon, 2620 Salmon, addressed the Council as the dampers on Go Kart building face
directly at their home & backyard. They are concerned about potential noise from the facility...
Winder Ril!ht-of-Wav Vacation Request: Mr. & Mrs. Winder live on the south side of Eagles Homestead Park
and have asked that the Council consider vacating five feet of the park access right-of~way next to his home. Mr.
Winder addressed the Council and answered their questions regarding his request. The developer who constructed
Mr. Winder's home built it closer to the property line and he doesn't have sufficient property to access his back yard
and garage.
City Council Minutes 05/05/2005 - 1
agenda.
Staff was instructed to research the process to be followed and place the request on the work: session
Ratliff Annexation and Initial Zonin!!: City Planning Director Ron Folsom presented slides of the proposed Final
Plat and vicinity. The property is located along west of Ammon Road and north of East 17th.
Councilmember Anderson motioned to schedule a public hearing on the I st available date after the
independent traffic study is completed, the hearing notice to be mailed to residents on the list from the Trailwood #9
annexation request in addition to those property owners within 500 feet. Councilmember Waite. Roll call vote:
Councilmember Anderson - Yes, Councilmember W aite- Yes, Councilmember Bean - Yes, Councilmember
Thompson - Yes. The motion carried.
School District #93 - Cotta!!es - Conditional Use Permit: 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 Final Plat and vicinity. The property is located south of east 21st South and directly west of the LDS
Church in the Cottages. The legal description being Beginning at the Northwest comer of Lot 3, Block 3, The
Cottages, Division No.3, an Addition to the City of Ammon, Bonneville County, Idaho; running thence
S.00022'06''W. along the Lot line 777.00 feet to the Northwest comer of Lot I, Block 4, The Cottages, Division
No.2, an Addition to the City of Ammon, Bonneville County, Idaho; thence N.89037'54"W. 650.84 feet; thence
N.00022'06''E. 749.21 feet to the South Right-of-Way line of21 st South; thence N.87055'24"E. along said South
Right-of-Way line 651.44 feet to the POINT OF BEGINNING. SUBJECT TO: existing easements of record.
The Planning and Zoning Commission tabled their decision until such time the traffic study conducted by
the School District can be reviewed in detail. The Planning and Zoning Commission voted unanimously to
recommend the City Council approve the Conditional Use Permit for a School in an RP-A zone, with the condition
that the school district meet sidewalk, pedestrian, motorized vehicles and bicycle traffic requirements. The
Commission also recommends that children will be required to be bused from Quail Ridge and, children from north
side of East 21st South shall be bused and/or a crossing guard be provided, at their April 20, 2005 meeting.
The Council discussed the requirements to be included in the Conditional Use Permit.
Planning and Zoning member Tom Hunsaker reported on the Commission's discussions regarding the site
plan with regard to the future bike path, monitoring traffic patterns on Stafford and Brennan to install traffic calming
devices when needed.
Dana Kirkham, 2395 South Fieldstone Court, President of the Cottages Homeowners' Association,
addressed the Council, stating that although the residents of the Cottages support having a school near their
neighborhood they have a number of concerns. Ms. Kirkham introduced Brook Magelby who will outline the
concerns.
Brook Magelby, 5360 Lindee Lane, addressed the Council regarding the homeowners' association's
concerns regarding the conditional use permit and site plan. Their concerns are increased traffic, parents dropping
off children in the church parking lot, children crossing 21 st South and at the intersection of Stafford and Brennan
Bend, drainage problems on Stafford and Brennan Bend, limited access points, and the safety issue presented by the
irrigation ditch along the east edge of the property.
Stephanie McOmber, 2305 Stafford, addressed the Council regarding the water building up in the swale
and the intersection at Stafford and Brennan. There is a great deal of traffic through intersection. Ms. McOmber is
concerned about crossing children through the intersection.
Ron Poulson, 4947 Brennan Bend, voiced his concern regarding the irrigation ditch that runs along the east
side of the school property adjacent to his property and the church. Mr. Poulson stated he is concerned that the ditch
poses a safety hazard.
Roger Hill, School District #93 representative, reported that discussions have been entered into with the
church facilities manager and the irrigation water users in an effort to either cover the ditch and/or fencing the ditch
to improve safety.
Patrick Dobie, Traffic Engineer, addressed the council regarding the traffic study conducted. He stressed
that deceleration lanes are not necessary within school zones. However, it would is his recommendation for the
residential zones to have acceleration and deceleration lanes due to the volume of traffic. He does recommend that
the speed limit be reduced on 21 st South and, that a 4-way stop be put in at the intersection of Stafford and Brennan.
Councilmember Bean motioned to approve the Conditional Use Permit with conditions (attached) with
noted changes. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember
Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Abstained. The motion carried.
City Council Minutes 05/05/2005 - 2
School District #93 - Cottal!es #8 Final Plat & Development A2:reement: City Planning Director Ron Folsom
presented slides of the proposed Final Plat and vicinity. The property is located south of east 21 st South and directly
west of the LDS Church in the Cottages.
The Council discussed the proposed plat and future access needs.
Councilmember Anderson motioned to approve the preliminary & final plat for Cottages Division #8
Councilmember Bean seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Abstain. The motion carried.
Councilmember Anderson motioned to approve the Cottages #8 Development Agreement with the
conditions listed from the Conditional Use Permit. Councilmember Bean seconded. Roll call vote: Councilmember
Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Abstain.
The motion carried.
School District #93 - Cottal!es - Preliminary Site Plan: City Planning Director Ron Folsom presented slides of
the proposed Final Plat and vicinity. The property is located south of east 21 st South and directly west of the LDS
Church in the Cottages.
The Council discussed the proposed site plan.
Councilmember Thompson motioned to approve the School District #93 Cottages Preliminary Site Plan.
Councilmember Bean seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Bean - Yes,
Councilmember Anderson - Yes, Councilmember Waite - Abstain. The motion carried.
School District #93 - Solitude - Conditional Use Permit: Public Hearing was held before the Planning and
Zoning Commission at their April 6, 2005, meeting. Beginning at the Southwest Comer of Section 35, Township 2
North, Range 38 East of the Boise Meridian; running thence N.02017'31"W. along the Section line 760.26 feet;
thence N.87042 '29"E. 1275.65 feet; thence S.04 050'21 "W. 577.01 feet to a point of curve with a radius of970.00
feet and a chord bearing S.02037'08"W. 75.16 feet; thence to the left along said curve 75.18 feet through a central
angle of 04026'27"; thence S.00023'54"W. 168.91 feet to the South line of said Section 35; thence N.89036'06"W.
along said South line 1190.97 feet to the POINT OF BEGINNING. SUBJECT TO: existing City road Right-of-Way
and easements of record. Containing 22.220 acres. City Planning Director Ron Folsom presented slides of the
proposed Final Plat and vicinity. The property is located north of Township Road and east of Ammon Road.
The Council discussed the requested conditional use permit.
Councilmember Bean motioned to approve the Conditional Use Permit with conditions (attached) with
noted changes. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember
Thompson - Yes, Councilmember Anderson - Yes, Councilmember Waite - abstain. The motion carried.
School District #93 - Woodland Hills/Solitude - Final Plat & Development Ae:reement: City Planning Director
Ron Folsom presented slides ofthe proposed Final Plat and vicinity. The property is located north of Township
Road and east of Ammon Road.
The Council discussed the preliminary/final plat and development agreement.
Councilmember Anderson motioned to approve the Solitude #1 PreliminarylFinal Plat. Councilmember
Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember
Thompson- Yes, Councilmember Waite - Abstain. The motion carried.
Councilmember Anderson motioned to approve the Solitude #1 Development Agreement with the inclusion
of those conditions listed in the Conditional Use Permit. Councilmember Bean seconded. Roll call vote:
Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson- Yes, Councilmember
Waite - Abstain. The motion carried.
School District #93 - Solitude - Preliminary Site Plan: City Planning Director Ron Folsom presented slides of the
proposed Final Plat and vicinity. The property is located north of Township Road and east of Ammon Road.
Councilmember Bean motioned to approve the School District #93 Solitude Site Plan. Councilmember
Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember
Thompson - Yes, Councilmember Waite - Abstain. The motion carried.
School District #93 - Hillcrest - Conditional Use Permit: Public Hearing was held before the Planning and
Zoning Commission at their May 4,2005, meeting. City Planning Director Ron Folsom presented slides of the
proposed Final Plat and vicinity. The property is located north of Sunnyside, east of Eagle Drive and west of
City Council Minutes 05/0512005 - 3
Carolyn Lane. The legal description being as follows: Lot 1, Block 1, School District 93 Subdivision, Division No.
1, to the City of Ammon, Bonneville County, Idaho
Roger Hill answered the Council's questions regarding the proposed Auditorium and Performing Arts
Center.
Planning and Zoning member Tom Hunsaker reported on the Commission's discussion regarding the
conditional use permit and site plan. The Commission voted unanimously to recommend approval of the conditional
use permit.
Councilmember Anderson motioned to approve the Conditional Use Permit with the following stipulations:
only two parking events can run concurrently; traffic control provided by school at major events; the east entrance
onto Sunnyside is to be two lanes, one in and one designated left turn only and, the west entrance onto Sunnyside is
to be three lanes one in, one left, one right for the full distance of drive. Councilmember Bean seconded. Roll call
vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes,
Councilmember Waite - Abstain. The motion carried.
School District #93 - Hillcrest - Preliminary Site Plan: City Planning Director Ron Folsom presented slides of
the proposed Site Plan and vicinity. The property is located north of Sunnyside, east of Eagle Drive and west of
Carolyn Lane.
The Council discussed the proposed site plan
Councilmember Anderson motioned to approve the Hillcrest Auditorium and Performing Arts site plan as
presented. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean
- Yes, Councilmember Thompson - Yes, Councilmember Waite - Abstain. The motion carried.
Councilmember Thompson motioned to amend the agenda to address the zoning ofthe School District
property at the Cottages. Councilmember Bean seconded. Roll call vote: Councilmember Thompson - Yes,
Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Waite - Abstain. The motion
carried.
School District #93 Reauest for Rezone RP to RP~A: 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
Final Plat and vicinity. The property is located south of east 21st South and directly west of the LDS Church in the
Cottages. The Planning and Zoning Commission voted unanimously to recommend rezone of the property.
Councilmember Thompson motioned to approve rezoning ofthe School District property at the Cottages
from RP to RP-A. Councilmember Bean seconded. Roll call vote: Councilmember Thompson - Yes,
Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Waite - Abstain. The motion
carried.
T.G.I. Fridavs Preliminary Site Plan: City Planning Director Ron Folsom presented slides of the proposed Site
Plan and vicinity. The property is located in front of Edwards' Theatre between, the Firehouse Grill and Johnny
Carino's on 25th East (Hitt Road). Available parking is in compliance with Title 10 Chapter 5.
The Council discussed the proposed site plan.
Councilmember Anderson motioned to approve, with no building permit to be issued until after parking
issues have been corrected and verified by City staff Councilmember Bean seconded. Roll call vote:
Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember
Waite - Yes. The motion carried.
Woodland Hills Rezone R-l to RI-A: Public Hearing was held before the Planning and Zoning Commission on
April 6, 2005. Notice of the Hearing was published in the Post Register on March 23 and March 30,2005. 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.
City Planning Director Ron Folsom presented slides of the proposed rezone and vicinity. The property is
located south of Township Road (49th South), east of Ammon Road and, west of Crowley Road (45th East).
Planning and Zoning voted unanimously to recommend that the Council approve this rezone as presented. The
Council previously tabled the rezone request pending completion/approval of the School District #93 (Solitude)
Conditional Use Permit.
The Council discussed the requested rezone and the increase in the number of dwellings in the immediate
area that the rezone would allow.
City Council Minutes 05/05/2005 - 4
Councilmember Thompson motioned to deny the Woodland Hills requested rezone from R-I to RI-A.
Councilmember Anderson seconded. Roll Call Vote: Councilmember Thompson - Yes, Councilmember Anderson
- Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried.
Trailwood #9 Rezone from RI-A to R2-A Ordinance #367: Notice of the Hearing was published in the Post
Register on March 23 and March 30, 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 Council approved rezone of that
portion of Block 12 Lot I included in the request to R2-A, and deny the Trailwood #9 requested rezone of the
remaining lots at their April 21, 2005, meeting.
Councilmember Anderson read Ordinance #367 AN ORDINANCE TO AMEND 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. (Trailwood
Division #9) Beginning at a point that is N89022'56"W 662.99 feet along the section line and NOo023'18"W
1367.06 feet and S89054'21 "W 396.28 feet from the Southeast comer of Section 22, Township 2 North, Range 38
East ofthe Boise Meridian and running thence S89054'21 "W 51.31 feet to a point on a curve having a radius of
250.00 feet and a chord that bears N29011 '53"E 8.33 feet; thence to the right along said curve 8.33 feet through a
central angle of 1054'36"; thence N78011 'OO"E 29.74 feet; thence S53047'13"E 22.45 feetto the point of beginning,
containing 435 square feet. 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 Thompson seconded.
Roll Call Vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes,
Councilmember Bean - Yes. The motion carried.
Councilmember Anderson read Ordinance #367 AN ORDINANCE TO AMEND THE ZONING
CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF
AMMON; P ARTICULARL Y DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICA nON OF
ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Trailwood
Division #9) Beginning at a point that is N89022'56"W 662.99 feet along the section line and NOo023'18"W
1367.06 feet and S89054'21 lOW 396.28 feet from the Southeast comer of Section 22, Township 2 North, Range 38
East of the Boise Meridian and running thence S89054'21 lOW 51.31 feet to a point on a curve having a radius of
250.00 feet and a chord that bears N290II'53"E 8.33 feet; thence to the right along said curve 8.33 feet through a
central angle of 1054'36"; thence N780II'00"E 29.74 feet; thence S53047'13"E 22.45 feet to the point of beginning,
containing 435 square feet. by title and motioned to adopt Ordinance #365 as an ordinance ofthe City of Ammon on
its third and final reading. Councilmember Thompson seconded. Roll Call Vote: Councilmember Anderson - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried.
14th North Preliminary Silt Plan (Former Popcorn Factorv): City Planning Director Ron Folsom presented
slides of the proposed Site Plan and vicinity. The property is located at the comer of 14th North and Majestic Circle.
Planning and Zoning voted to recommend the Council approve the site plan.
Councilmember Anderson motioned to approve the 14th North Preliminary Site Plan as presented with the
conditions that parking and landscaping be completely depicted on the Final Site Plan, and the landscaping along
Majestic Circle will be completed within one year of Majestic Circle being completed. Councilmember Bean
seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember
Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Title X Revisions: Public Hearing was held before the Planning and Zoning Commission on April 6, 2005. Notice
of the Hearing was published in the Post Register on March 23 and March 30, 2005.
Councilmember Anderson motioned to table discussion of the proposed Title X revisions to the next
regular council meeting. Councilmember Waite seconded. Roll Call Vote: Councilmember Anderson - Yes,
Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried.
Enlrlneerinl! Services Contract - Well 9 UDI!rade: City Engineer Bill Manwill reported on the proposal by
Schiess and Associates for the upgrades to Well 9 to secure licensing and the City's groundwater rights.
The Council discussed the proposal.
Councilmember Anderson motioned to approve the engineering services contract with Schiess and
Associates. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember
Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes.
City Council Minutes 05/05/2005 - 5
Councilmember Anderson motioned to declare an emergency with regard to the Well #9 upgrades due to
the need to complete the project before peak water usage, and authorize the Mayor to negotiate the upgrades to the
Well. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean-
Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes.
Award Bid - SCADA System: City Administrator Bruce Rose reported on the bid opening. Two bids were
received, one from WetCo and one from Teton Wireless. Both bids meet specifications required. The lower bid
was from WetCo and, it is within the budgeted amount.
Councilmember Bean motioned to award the bid to WetCo. and, authorize staff to negotiate the contract
with approval of City Attorney Scott Hall and Mayor Ard. Councilmember Waite seconded. Roll call vote:
Councilmember Bean -- Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember
Thompson - Yes.
A ward Bid - Fire Deoartment Buildin2 Reoairs: City Administrator Bruce Rose reported on the bid opening.
Bids were received from Vern Clark & Sons Construction and Rebcon (R.E.Beck Construction). Both bids appear
to meet the engineering specifications. The Rebcon bid is the lower of the two bids.
Councilmember Thompson motioned to award the Bid for the Fire Department Building Repairs to Rebcon
for $20,531.00. Councilmember Waite seconded. Roll call vote: COuDcilmember Thompson - Yes,
Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes.
Basement Finishim!lBuildin2 Deoartment Proiect: City Administrator Bruce Rose distributed estimates for
finishing and furnishing the remainder of the basement in the City Building. The space will be used to house the
building department. The City will act as general contractor.
Councilmember Bean motioned to authorize work to begin, with the furnishing and equipment costs to be
reviewed before ordering. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes.
Duraoatcher LeaselPurchase: City Administrator Bruce Rose reported on negotiations with Super Seal
Technologies, LLC to Lease/Purchase a Durapatcher. The contract has been reviewed by City Attorney Scott Hall
and Judy Brower, CPA and, is in compliance with purchasing regulations.
Councilmember Bean motioned to approve the Lease/Purchase Agreement and authorize Mayor Ard to
sign the contract. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes,
Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes.
Ratification of Authorization for Repairs to Ammon Road Head e:ates and Pipes: City Administrator Bruce
Rose reported that a head gate and pipe under Ammon Road is leaking, flooding Liberty Square and interfering with
access to irrigation water. Under the contract with Progressive Irrigation District, the City is responsible for
maintenance and repairs of the head gate and pipes. The Mayor was asked for his authorization to proceed with the
repairs. TMC Contractors has been contacted to make the necessary repairs. It is unknown what the cost of the
repairs will be until it is determined whether the pipe has sustained damage that will require digging into the street.
Councilmember Anderson motioned to ratify the Mayor's decision to proceed with repairs to the head gate
and pipes. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean
- Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Miscellaneous Discussion Items: Councilmember Bean reported that a response letter to the attorney representing
lona Bonneville Sewer District has been sent. Mr. Bean asked the Council to consider metering the Churches water
usage. There is a need to negotiate with IBSD for reimbursement for sewer flows from businesses and churches
below metering stations.
Councilmember Anderson asked what would be required to implement frontage fees. Staff reported that an
Ordinance defining and enacting the fees and a resolution setting the fees has been prepared. A public hearing is
required. The proposed fees will be addressed at an upcoming work session.
Councilmember Bean motioned to adjourn to executive session to discuss possible litigation.
Councilmember Anderson seconded. Roll call vote: Councilmember Bean, Councilmember Anderson,
Councilmember Thompson, Councilmember Waite - Yes. The motion carried.
The meeting was adjourned to executive session at 12:55 a.m. May 6,2005.
City Council Minutes 05/05/2005 - 6
ATTEST:
~~~
DIANE GEMPLER, City Cler
:(~:~~
BRUCE , Mayor
City Council Minutes 05/05/2005 - 7
Attachment A
SCHOOL DIST. 93 COTTAGES
except at a regular or special meeting of the Council and unless the Developer has been notified
in writing of the time and place of such meeting of the City Council at least ten (10) days prior
thereto and has been given an opportunity to be present in person or by counsel and to be heard
on the merits of the proposed finding. At or before such hearing, the City Engineer shall furnish
the Developer a cost estimate for completing said improvement. In the event the City elects to
construct the utilities or street improvements as provided for in this Development Agreement
and in the site plan, this Development Agreement shall, upon recording this Development
Agreement, constitute a lien against all property in said Development other than those portions
for which an occupancy permit has been issued.
n. That Developer further agrees that upon his having received written
notification from the City Engineer that any of the requirements herein specified have not been
complied with, the City shall have the right to withhold the issuance of any certificates of
occupancy and the issuance of building permits within such annexed area until such time as all
requirements specified herein have been complied with; provided, however, that the Developer
shall have the right to appear before the City Council at any regular meeting after any Certificate
of Occupancy shall have been denied and shall have the right to be heard as to why such
certificate or certificates should be issued. The Council shall then decide whether such
certificate or certificates shall be issued and its decision shall be fmal, except that the rights of
parties are preserved at law and equity.
o. That Developer agrees and covenants that prior to any construction or any
improvements upon any of the area herein agreed, there shall be a final plat approved by the
Planning and Zoning Commission and approved by the City Council and the City Engineer and
filed with the County Recorder of Bonneville County, Idaho, as to any areas where
improvements are to be commenced.
p. That Developer shall dedicate to the City that portion of the proposed
property shown on the plats as streets, easements, and public ways.
q. That Developer shall reimburse City for all past and future costs of
publications relative to this development until the development is completed in full. Said costs
shall include but are not limited to publication costs for notices of public hearings for
development agreement and zoning changes, ordinance publication costs for development and
public hearings, etc.
r. That Developer shall cause to be transfer to the City of Ammon upon
execution of this Development Agreement, all water rights however evidenced and associated or
appurtenant to the land described herein whether said water rights exist by license, permit, stock,
canal company rights or stock, irrigation company rights or stock or otherwise.
s. That this Development Agreement shall be subject to the following
special conditions:
The developer agrees to adhere and comply with the conditions listed in the
DEVELOPMENT AGREEMENT - 4
5160-5
Conditional Use Permit as issued based upon the findings and order of the
Ammon City Council in its meeting of May 5, 2005, as follows:
SC-l: School District to eonstruct the full width of Brennan Bend Road from and!
including the intersection of Stafford Road and Brennan Bend Road to the end of
their property line to include drainage swale and sidewalk on the north. No
improvements beyond the asphalt on the south.
SC-2: School District agrees to bus everyone within the boundaries of the
elementary school with the exception of those living in The Cottages located on
the south side of 21 st street. This busing shall continue until such time the School
District and the City of Ammon shall reach further agreements regarding busing
based on build out of the area, infrastructure, safety and other relevant issues.
SC-3: School District to provide one cross walk at the comer of the intersection
of a future road entering the Villas subdivision on the north side of 21 st Street
across 21 st Street, which will have immediate access to pedestrians into school
property through an opening in the fence. The City of Ammon will be responsible
for striping the crosswalk according to cross walk standards approved by the City
Engineer.
SC-4: School District agrees to man such cross walk with a crossing guard from a
minimum of 30 minutes before and after school is convening and dismissing and
agrees that such crossing guard will meet all of the state requirements for crossing
guards as designated by state statute or policy.
SC-5: City of Ammon agrees to reduce the speed limit along 21st street to 40
MPH and agrees to install signage for such as necessary.
SC-6: School District agrees to provide for signage necessary for a school zone
according to and in agreement with the City Engineer and City agrees to maintain
such signage after it is installed correctly.
SC-7: School District Agrees to install turn lanes at Stafford Road and 21 st
Street, Villa's and 21 st Street and perform all other improvements at the
intersections thereof and the intersection of Brennan Bend Road and Stafford
Road as required or recommended by an addition to the current traffic study
requested at those intersections.
SC-8: School District agrees not to convert the proposed bus entrance to other
vehicular traffic and will take all precautions to prevent all other vehicular traffic
from entering and utilizing the bus entrance. School District additionally agrees to
provide whatever improvements as required by the City Engineer that may be
necessary to accommodate ingress and egress from 21 st Street with the exception
that the School District will not be responsible for providing turn lanes into the
bus entrance.
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SC-9: School District agrees to fence all sides of the property with the exception
of that facing Brennan Bend Road.
SC-I0: School District agrees to construct a 10-15 foot wide bike path on its
property fronting 21 st Street at such time as a future projected bike path reaches
its property and agrees to allow ingress and egress to such bike path through an
opening in the fence on both sides.
SC-ll: School District agrees to install sidewalks on each developed comer of
the intersection of Brennan Bend and Stafford Street extending the current
installed sidewalk to the asphalt according to improvement drawings approved by
the City engineer.
3. The term "Developer" and the language of this agreement, whether it is more than
one developer, shall be construed as plural, and if there are any parties that are feminine or are
firms or corporations, the masculine shall include the feminine and the neuter. No transfer shall
be made from Developer to another without the express written consent of the City Council.
IN WITNESS WHEREOF, the City has by resolution duly passed, executed this
agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has
caused this agreement to be duly executed the day and the year first above Written.
Attachment B
SCHOOL DIST. 93 - TOWNSHIP
except at a regular or special meeting of the Council and unless the Developer has been notified
in writing of the time and place of such meeting of the City Council at least ten (10) days prior
thereto and has been given an opportunity to be present in person or by counsel and to be heard
on the merits of the proposed finding. At or before such hearing, the City Engineer shall furnish
the Developer a cost estimate for completing said improvement. In the event the City elects to
construct the utilities or street improvements as provided for in this Development Agreement
and in the site plan, this Development Agreement shall, upon recording this Development
Agreement, constitute a lien against all property in said Development other than those portions
for which an occupancy permit has been issued.
n. That Developer further agrees that upon his having received written
notification from the City Engineer that any of the requirements herein specified have not been
complied with, the City shall have the right to withhold the issuance of any certificates of
occupancy and the issuance of building permits within such annexed area until such time as all
requirements specified herein have been complied with; provided, however, that the Developer
shall have the right to appear before the City Council at any regular meeting after any Certificate
of Occupancy shall have been denied and shall have the riehf to be hel'lrd as to why such
certificate or certificates should be issued. The Council shall then decide whether such
certificate or certificates shall be issued and its decision shall be final, except that the rights of
parties are preserved at law and equity.
o. That Developer agrees and covenants that prior to any construction or any
improvements upon any of the area herein agreed, there shall be a final plat approved by the
Planning and Zoning Commission and approved by the City Council and the City Engineer and
filed with the County Recorder of Bonneville County, Idaho, as to any areas where
improvements are to be commenced.
p. That Developer shall dedicate to the City that portion of the proposed
property shown on the plats as streets, easements, and public ways.
q. That Developer shall reimburse City for all past and future costs of
publications relative to this development until the development is completed in full. Said costs
shall include but are not limited to publication costs for notices of public hearings for
development agreement and zoning changes, ordinance publication costs for development and
public hearings, etc.
r. That Developer shall cause to be transfer to the City of Ammon upon
execution of this Development Agreement, all water rights however evidenced and associated or
appurtenant to the land described herein whether said water rights exist by license, permit, stock,
canal company rights or stock, irrigation company rights or stock or otherwise.
s. That this Development Agreement shall be subject to the following
special conditions:
The developer agrees to adhere and comply with the conditions listed in the
DEVELOPMENT AGREEMENT - 4
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Conditional Use Permit as issued based upon the findings and order of the
Ammon City Council in its meeting of May 5,2005, as follows:
SC-l: School District agrees that the full width of >Sweet Water Way from and
including the intersection of Township Road and Sweet Water Way to the end of
the School Districts property line to include drainage swale and sidewalk on the
west, shall be completed prior to the issuance of the Certificate of Occupancy. No
improvements beyond the asphalt on the east.
SC-2: School District to provide one cross walk at the west comer of Sweet
Water Way on the north to what is an imaginary intersection across Township
Road on the south if Sweet Water Way were to extend south across Township
Road. The City of Ammon will be responsible for striping the crosswalk
according to cross walk standards approved by the City Engineer.
SC-3: School District agrees to man such cross walk with a crossing guard from a
minimum of 30 minutes before and after school is convening and dismissing and
agrees that such crossing guard will meet all of the state requirements for crossing
guards as designated by state statue or policy.
SC-4: School District agrees to widen Township Road the full width of the right
of way on the south side of the road between Millcreek Way and what would be
the intersection of Sweet Water Way and Township Road if it extended to the
South side of the Township Road. Such imaginary intersection is where the
proposed crosswalk will be installed. School District additionally agrees to stripe
the extended width of the road at the direction of the City of Ammon as a walking
area for students. After construction, the City of Ammon Agrees to maintain such.
SC-5: City of Ammon agrees to reduce the speed limit along Township Road
within its legal boundaries to 40 MPH and agrees to install signage for such as
necessary.
SC-6: School District agrees not to convert the proposed bus entrance to other
vehicular traffic and will take all precautions to prevent all other vehicular traffic
from entering and utilizing the bus entrance. School District additionally agrees to
provide whatever improvements as required by the City Engineer that may be
necessary to accommodate ingress and egress from Ammon Road with the
exception that the School District will not be responsible for providing turn lanes
into the bus entrance.
SC-7: School District agrees to fence all sides of the property with the exception
of that facing Sweet Water Way.
SC-8: School District agrees to provide signage necessary for a school zone
according to and in agreement with the City engineer and City agrees to maintain
such signage after it is installed correctly.
DEVELOPMENT AGREEMENT - 5
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SC-9: School district agrees to construct a 10-15 foot wide bike path on its
property fronting Township Road at such time as a future projected bike path
reaches it prt>perty and agrees to allow ingress and egress to such biI(e path
through an opening in the fence on both sides.
3. The term "Developer" and the language of this agreement, whether it is more than
one developer, shall be construed as plural, and if there are any parties that are feminine or are
fIrms or corporations, the masculine shall include the feminine and the neuter. No transfer shall
be made from Developer to another without the express written consent of the City Council.
IN WIlNESS WHEREOF, the City has by resolution duly passed, executed this
agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has
caused this agreement to be duly executed the day and the year fIrst above written.
ATTEST:
CITY OF AMMON, IDAHO
By:
BRUCE ARD, Mayor
DIANE GEMPLER, City Clerk
Bonneville School District #93
By:
CRAIG LORDS, Board Chairman
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