Council Minutes 12/02/2004
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, DECEMBER 2, 2004
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 Karen Y. Anderson
Councilmember Rex Thompson
Councilmember Randy Waite
City Attorney Scott Hall
City Engineer Bill Manwill
City Administrator Bruce Rose
City Clerk/Treasurer Diane Gempler
City Officials absent:
Councilmember W. Lee Bean
Councilmember Anderson led the Pledl!e of Allel!iance to the Flal! and, Councilmember
Thompson offered a praver.
Minutes November 18.2004: Councilmember Waite motioned to approve the November 18,2004,
minutes as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes,
Councilmember Thompson - Yes, Councilmember Anderson -- Abstained due to absence. The motion
carried.
Items from Mavor: Mayor Ard proposed that Robert Gustafson be appointed to the Planning and
Zoning Commission to replace the vacancy left by Kevin Murray.
Councilmember Anderson motioned to appoint Robert Gustafson to the Planning and Zoning
Commission. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes,
Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried.
The Mayor reported that he has spoken with Scott Bishop of the Woodbury Corporation. There
are a couple of items that need to be clarified with regard to the annexation of property they hold at the
comer ofHitt Road and Sunnyside. Mr. Bishop would like the Council to understand that development of
the property will occur in phases over several years. They specifically discussed street improvements that
would be required. The Council briefly discussed the items and scheduled the topic for the next work
meeting.
Consent Al!enda: Councilmember Anderson motioned to approve the Consent Agenda with the exception
of Nancy & Jenn's Dance Studio. Councilmember Thompson seconded. Roll call vote: Councilmember
Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Nancy Jackson will be contacted regarding the Council's concerns in considering her renewal
application.
PUBLIC HEARINGS: None
ACTION ITEMS:
Eal!le Pines Division #1 Request for Rezone C-l to HC-l. Ordinance #356 and Development
Al!reement: Public Hearing was held before the Planning and Zoning Commission at their December 1,
2004, meeting. Notice of the Hearing was published in the Post Register on November 17 and November
City Council 12/2/2004 - 1
28, and mailed to property owners within 500' of the property. City Planning Director Ron Folsom
presented slides of the location and vicinity of the property. The property is located at the Southeast comer
of the intersection of Ammon Road and 17th Street. The applicant is requesting the rezone to allow service
of liquor by the drink at the restaurant in Unit # 1.
Planning and Zoning member Tom Hunsaker reported on the testimony given at the Public
Hearing. The individuals who testified where opposed to the HC-I zone and in favor of the restaurant being
able to serve alcoholic beverages. The Commission voted unanimously to recommend the Council approve
HC-I zoning for Unit 1 only and limit the allowed HC-I uses to 1O-22-2A and 1O-22-2J. Those individuals
who testified at the hearing supported the Commission's recommendation.
The Council discussed the requested rezone and any optional actions which may apply.
Councilmember Waite motioned to approve the rezoning of Eagle Pines Division #1 Unit #1 from
C-l to HC-l limiting the granted HC-l uses in accordance with the amended development agreement.
Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember
Thompson - Yes, Councilmember Anderson -- yes. The motion carried.
Councilmember Waite read Ordinance No. 356 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. (Zone Change from C-I to HC-I, EAGLE PINES,
DIVISION NO. I, UNIT 1 with certain restrictions), by title and motioned to 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 Waite - Yes, Councilmember
Thompson - Yes, Councilmember Anderson - Yes. The motion carried.
Councilmember Waite read Ordinance No. 356 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. (Zone Change from C-I to HC-I, EAGLE PINES,
DIVISION NO. I, UNIT 1 with certain restrictions), by title and motioned to adopt Ordinance No. 356 on
its third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Waite -
Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried.
The Cellar - Beer. Wine and Liquor License: Councilmember Waite motioned to approve the Beer,
Wine and Liquor By the Drink Licenses for the Cellar. Councilmember Thompson seconded. Roll call
vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes.
The motion carried.
Ree:ional Sewer Proiect Bond: Mayor Ard reported that the application for Federal funding was taken to
Congressman Simpson's office today. The application was reviewed.
Ted Hendricks from E.C.LP.D.A. and Husk Crowther of Forsgren and Associates updated the
Council on the status of the Regional Sewer Authority. The Joint Powers Agreement has been submitted to
the Department of Environmental Quality and may be deemed valid, as there has been no objection from the
agency (within 30 days).
The City of Shelley passed their bond at the election held on November 4th. In order to obtain the
Federal funding being requested, commitment by the members of the Regional Sewer Authority needs to be
demonstrated. At this time the City of Ammon needs to move forward with a bond election to demonstrate
commitment to the project. The next possible date for a special election is Tuesday, February 1,2005.
Under Mayor Ard's direction, Mr. Hendricks has requested proposals from the bond attorneys
E.C.LP.D.A. has worked with in the past. Proposals have been received from Richard Skinner and Michael
Moore. The proposals are similar, however, Mr. Moore's proposal allows more flexibility of fees for
different bond amounts.
The Council discussed the appropriate amount of the bond to be proposed to the voters.
Two public information meetings will be held during the month of January 2005 to educate the
community about the proposed regional sewer and the bond.
City Council 12/2/2004 - 2
Councilmember Anderson motioned to approve Resolution 2005-002 authorizing contracting with
Michael C. Moore as bond council. Councilmember Thompson seconded. Roll call vote: Councilmember
Anderson -- Yes, Councilmember Thompson -- Yes, Councilmember Waite -- Yes. The motion carried.
Councilmember Anderson motioned to amend Resolution 2005-002 to state $15,000,000.00 as the
bond amount, with bond council fees not to exceed $8,250, and authorize Mayor Ard to sign the contract
with Mr. Moore. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson -- Yes,
Councilmember Thompson -- Yes, Councilmember Waite -- Yes. The motion carried.
Parks Deoartment EQuioment Purchase: Councilmember Waite reported that Parks Administrator Ken
Knoch is requesting approval of the purchase of a tractor and lawn mower for the Parks Department. Funds
have been budgeted for both pieces of equipment. The bids are lower than the budgeted amounts. Vendors
have indicated that the prices of the equipment will increase at the fIrst of the year. Quotes have been
obtained for the equipment. Mr. Knoch recommends purchase of the tractor from Pro Rental and purchase
of the lawn mower from Brent's Lawn & Leisure.
Councilmember Thompson motioned to approve the Parks Department request to purchase a
tractor from Pro Rental and lawn mower from Brent's Lawn & Leisure, with delivery scheduled for March
and payment due at the time of delivery. Councilmember Waite seconded.
Miscellaneous Discussion Items: Councilmember Anderson reported that she has set up a tentative
meeting with the County Commissioners at the 12/9 work meeting. The Mayor indicated he will be out of
town and unable to attend. Councilmember Anderson will contact the Commissioner's to see if a meeting
can be scheduled for 6:00 p.m. on December 16th.
The Planning and Zoning Appreciation Dinner was scheduled to be held on Wednesday, January
19,2005.
Councilmember Anderson motioned to adjourn. Councilmember Waite seconded. All in favor, the
meeting adjourned at 11 :30 p.m.
~~S-~
C. Bruce Ard, ayor
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Diane B. Gempler, City Clerk/T;;?;urer
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