Council Minutes 05/06/2004
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDA Y, MA Y 6, 2004
The meeting was called to order by Mayor C. Bruce 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 W. Lee Bean
Councilmember Randy Waite
Counci]member Rex Thompson
City Administrator Bruce Rose
City Attorney Scott Hall
City Engineer Bill Manwill
City Planning Director Ron Fo]som
City Bui]ding Official George K]omp
City Clerk/Treasurer Diane Gemp]er
Planning & Zoning Chairman Doug Willden
Planning & Zoning Commission Member Tom Hunsaker
Councilmember Bean led the Plede:e of AIlee:iance to the Flae: and, Councilmember Thompson
offered a Draver.
Minutes - ADril15. 2004: Counci]member Waite motioned to approve the April ]5,2004, minutes.
Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean-
Yes, Counci]member Thompson - Yes, Councilmember Anderson -- Yes. The motion carried.
Consent Ae:enda: Councilmember Anderson motioned to approve the Consent Agenda with the exception
of item 3.b. Bartender Permit, as the Sheriffs Report has not yet been received. Councilmember
Thompson seconded. Roll cal] vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes,
Councilmember Bean - Yes, Councilmember Waite -- Yes. The motion carried
Public Hearine:s: None
ACTION ITEMS:
Plumbine: & Mechanical Fees & InsDections: City Building Official George Klomp presented a proposal
to the Council requesting that they consider instituting a mechanical and plumbing inspection fee schedule
and add a mechanical and plumbing inspector to City Staff.
The Council discussed the proposal
Councilmember Bean motioned to create the staff position of plumbing and mechanical inspector.
Councilmember Anderson seconded. Roll call vote: Councilmember Bean- Yes, Councilmember
Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
The budget will be reviewed at a future work session to establish when an inspector may be hired.
The proposed fee schedule will be considered at a future meeting.
Council Plan nine: & Zonine: Assie:nmentls)/Policv: City Attorney Scott Hall addressed the council
regarding ex-parte communication with regard to site-specific land use decisions and, the need for the
Planning and Zoning Commission to act as an independent body. Mr. Hall provided the Council with a
memorandum defming and describing ex parte communications and the potential liability incurred when ex
parte communications occur.
The Council discussed the issue.
Councilmember Bean motioned to adopt the memorandum as Council policy with regard to ex
parte communication. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes,
Counci]member Waite - Yes, Councilmember Thompson - No (siting he had not reviewed the
memorandum), Councilmember Anderson - No, Mayor Ard - Yes. The motion carried.
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Site Plan - Massie & Companv: City Planning Director Ron Folsom presented slides of the property and
site plan. The property is located in the Hawkins-Smith commercial development adjacent to the AmeriTel
Inn, south and east of Sandcreek. The Planning and Zoning Commission voted unanimously to recommend
approval ofthe Massie & Company site plan.
Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering answered the Council's
questions regarding the proposed site plan.
Planning and Zoning Chairman Doug Willden reported that the site plan meets zoning
requirements. The Commission recommends approval with the extension of Eagle Y:z way from its current
end point to the canal. The developer has indicated a willingness to place V4 of the cost of a possible future
bridge across the canal into escrow with the City.
Councilmember Bean motioned to approve the Massie & Company preliminary site plan as
presented with escrow of $35,000 established with the City for possible future bridge construction.
Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember
Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried.
Ordinance #344 - Ri!!ht-of-Wav Vacation 21st South and Foothill Drive: Notice of the Hearing was
published in the Post Register on March 23 and March 30, 2004. Notice ofthe hearing was also mailed to
property owners within five hundred (500) feet of the property right-of-way proposed to be vacated and, to
other parties of interest. The public hearing was held before the Planning and Zoning Commission on April
6,2004. The Commission voted unanimously (with one abstention due to conflict of interest) to
recommend the Council approve the requested right-of-way vacation. The City Council voted unanimously
at the April 15, 2004, Council meeting to approve the requested right-of-way vacation.
Councilmember Bean read Ordinance #344, AN ORDINANCE TO V ACA TE RIGHT
OF WAY FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON;
P ARTICULARL Y DESCRIBING SAID LANDS AND; PROVIDING FOR AN EFFECTIVE
DATE. (Beginning at a point that is N 89040'00"W along the Section line 224.19 feet and S
05006'39"W 946.73 feet from the Northeast Corner of Section 30, Township 2, Range 39 East of
the Boise Meridian, running thence S 05006'39"W 172.72 feet to a point on a curve with a radius
of 442.26 feet and a chord bearing S 48016' 17"W 151.62 feet; thence to the right along said curve
152.38 feet through a central angle of 19044'27"; thence S 89050'48"W 232.43 feet to a point of
curve with a radius of 376.26 feet and a chord bearing N 52050'31"E 452.93 feet; thence to the
left along said curve 486.02 feet through a central angle of74000'34" to the POINT OF
BEGINNING. Containing 0.41 acres. ([Right -of-Way Vacation near the intersection of 21st
South and Foothill Drive]) by title and motioned to dispense with the rule requiring three
readings of the Ordinance. 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 #344, AN ORDINANCE TO V ACA TE RIGHT OF WAY
FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY
DESCRIBING SAID LANDS AND; PROVIDING FOR AN EFFECTIVE DATE. (Beginning at a point
that is N 89040'00"W along the Section line 224.19 feet and S 05006'39"W 946.73 feet from the Northeast
Corner of Section 30, Township 2, Range 39 East of the Boise Meridian, running thence S 05006'39"W
172.72 feet to a point on a curve with a radius of 442.26 feet and a chord bearing S 48016'17"W 151.62
feet; thence to the right along said curve 152.38 feet through a central angle of 19044'27"; thence S
89050'48"W 232.43 feet to a point of curve with a radius of376.26 feet and a chord bearing N 52050'31"E
452.93 feet; thence to the left along said curve 486.02 feet through a central angle of 74000'34" to the
POINT OF BEGINNING. Containing 0.41 acres. ([Right -of-Way Vacation near the intersection of
21 st South and Foothill Drive]) by title and motioned to adopt Ordinance #344 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.
17th Street/Railroad Crossin!! Repairs: City Administrator Bruce Rose reported that H/K
Contractors and TMC Contractors have submitted quotes for the 17th Street repairs at the railroad crossing.
The Council reviewed the quotes received.
Councilmember Waite motioned to contract with TMC Contracting for the reconstruction of 17th
Street on each side of the railroad crossing. Councilmember Anderson seconded. Roll call vote:
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Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes,
Councilmember Thompson - Yes. The motion carried
Public Works Proiect Approvals:
Ouail Ride:e Drive Repairs: City Administrator Bruce rose summarized the previous
discussions regarding the drainage problem.
City Engineer Bill Manwill recommended that wet wells be located at either side of the street with
grates to allow the flow of water into the wells and through the existing culvert. It is his opinion that this
method would be the most cost-effective means of correcting the drainage problem.
Councilmember Anderson motioned to have the repairs done as proposed, with the project to be
planned for early October and funded in the fiscal year 2005 budget. Councilmember Waite seconded.
Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean -
Yes, Councilmember Thompson - Yes. The motion carried.
TavlorviewlRich Lane Lift Station Cover Repairs: Bill Manwill reported that Mountain River
Engineering has recommended placing an asphalt island around the lift station cover to funnel traffic
around the cover.
The Council discussed the recommendation and, as cost is within limits, directed City Staff to
have the work done.
Declaration of Intent to Sell/Exchane:e Real Property: City Administrator Bruce Rose reported the
procedures required for sale or exchange of real property by municipal governments.
Councilmember Bean motioned to declare the Council's intent to Sell or Exchange Real Property
consisting of approximately 4 acres with no minimum value declared. Councilmember Waite seconded.
Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson-
Yes, Councilmember Anderson - Yes. The motion carried.
MISCELLANEOUS DISCUSSION:
Ross Avenue Lift Station Proiect Update: City Administrator Bruce Rose reported that the lift station
project has been delayed once again. The variable speed drive was not in stock. Delivery of the drive is
tentatively expected the week of June 7th. Conversion of the power supply is tentatively scheduled for
between the 18th and 30th of June. The projected completion date at this time is July 16th.
Water Testine:: City Administrator Bruce rose reported that the Department of Environmental Quality has
notified City Staff that, due to testing done in December 2002 that showed high levels oflead in some of
the homes tested, more frequent testing for lead levels will be required. In addition, a public information
notice regarding water quality and testing requirements will need to be provided to all residents in Ammon
Gawn Reid, 3235 Ross Avenue, addressed the Council, reporting that teenagers have been riding
and racing motorcycles and A TV s in Peterson Park. In addition, some homeowners are driving vehicles
across the park to store them in their back yards. Sheriff's Deputies have informed those residents who
have complained about the activities that as there are no signs (citing City Code) which prohibit the
operation of motor vehicles in the park, there is nothing that they can do.
Councilmember Anderson requested that appointment of a zoning administrator be scheduled on a
future agenda, as the City has not had a designated zoning administrator since David Wadsworth left.
Mayor Ard updated the Council on the progress of the joint project to make improvements to
Sunnyside Road.
Councilmember Bean motioned to adjourn.
at II :25 p.m.
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