Council Minutes 11/20/2003
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, NOVEMBER 20, 2003
The meeting was called to order by Mayor C. Broce Ard at 7 :30 p.m. in the City Building, 2135 South
Ammon Road, Ammon, Idaho, with the following City Officials present:
Mayor C. Broce Ard
Councilmember W. Lee Bean
Councilmember Karen Y. Anderson
Councilmember Randy Waite
City Attorney Scott Hall
City Administrator Bruce Rose
City Engineer Bill Manwill
Public Works Director David Wadsworth
Planning & Zoning Chairman Tom Hunsaker
City ClerktTreasurer Diane Gempler
City Officials Absent:
Councilmember Leslie Folsom
Councilmember Bean led the Pledl!e of Allel!iance to the Flal! and, Councilmember Waite offered a
prayer.
Rel!ional Sewer StudvlProiect: Rick Noll addressed the Council and audience on the history and status
of the Regional Sewer Project. The feasibility study began in January 2001. Sixty-Eight (68) public
meetings have been since that time. Attendance at the meetings was small at first but has been growing and
are well attended. The Steering Committee meets every six weeks, with full chambers at Shelley City Hall.
There are five committed public service entities represented on the Committee, as well as participation by
the DEQ and the EP A. Three formal review sessions and three public hearings have been held regarding
the proposed project. There is broad support from the municipal governments, sewer districts, the DEQ,
the EP A, and various funding agencies, with a great deal of organizational effort being put forth by all the
entities.
The target treatment rates for the system are $26 to $30 per month per household, which represent
fair and equal cost figures required for funding. Each entity would retain ownership and maintenance
responsibility for their collection systems and, retains their own identity under the joint powers agreement.
Average collection cost runs from $6 to $10 per month per household.
The project and contract are defined in tasks. Any or all of the entities may withdraw at any step
and the project may be halted if at any point the projected cost exceeds the target rate range. Currently
Task 1 - establishing legal entity (joint powers agreement); and, Task 2 - Design and 1st phase interceptor
in Woodville.
Mayor Ard stated that DEQ personnel have been present in all Steering Committee meetings.
DEQ has indicated that significant changes have to be made from current systems.
Councilmember Anderson asked if the option of Ammon staying with the Idaho Falls agreement,
and the likelihood of Ammon being able to lower their monthly rates if they stay with Idaho Falls for
treatment was considered. The Council discussed what is known about the current arrangements. It is
projected that the city of Idaho Falls will be facing capacity problems within the next three or four years.
Idaho Falls employees have indicated there are currently only an additional 6000 connections available.
Mr. Noll stated that the entities involved in the regional study have been strongly encouraged to go
elsewhere for sewage treatment.
There was discussion of the growth expectations and other variables that will influence the
changes required in treatment systems. Effluent regulations are expected to become stricter in the future as
effluent permits are reviewed. The cost of the City of Ammon's current arrangements with the City of
Idaho Falls are likely to raise, as the regulations become stricter.
City Council Minutes 11/20/2003 - 1
Mayor Ard and Mr. Noll reported that representatives present at the Committee meetings from the
City of Idaho Falls have indicated that the regional sewer project will benefit their capacity needs and that
the City of Idaho Falls does not have any interest in participating in the regional sewer project.
Mr. Noll stated there has been little opposition to the proposed project voiced at the public
hearings. People are encouraged to be involved in the process and may contact Rick Noll at (801) 364-
4785 or Husk Crowther of Forsgren & Associates at 356-9210.
Mr. Noll indicated that he has been impressed with the commitment made by the varied
participants in the project. Currently lona Bonneville Sewer District, the City of Ammon, Bonneville
County, Bingham County, and the City of Shelley have committed to continued participation. Other
entities, Firth, Basalt, and W oodville are seriously looking at the viability of joining in the project. The
City ofUcon has dropped out of the project, as it was determined that Ucon will be benefited by continuing
to work with the City of Idaho Falls.
There was continued discussion of the capacity limitations faced by the City of Idaho Falls.
Including, the possibility of Idaho Falls charging contributing entities for their impact in the costs to fund
increases in their capacity and regulatory upgrades. Mayor Ard stated that the contract with the City of
Idaho Falls would be very different if it were being negotiated at this time.
Tree Committee Appointments: City Administrator Bruce Rose reported that Parks Director Ken Knoch
has submitted a list of names of individuals who are willing to serve on the Tree Committee for the
Council's approval and appointment.
Councilmember Bean motioned to approve the Tree Committee appointments as presented.
Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember
Anderson - Yes, Councilmember Waite - Yes. The motion carried.
Consent A2:enda: City Clerk Diane Gempler reported that the Sheriff's report on the applicant for
a bartender permit came in with "no record."
Councilmember Anderson motioned to approve the Consent Agenda as presented.
Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite _
Yes, Councilmember Bean - Yes. The motion carried.
ACTION ITEMS:
Rockwell/Judv Annexation. Initial Zonin2:. Annexation A2:reement and Ordinance No. 336: Public
Hearing was held before the Planning and Zoning Commission on November 5,2003. Notice of the
Hearing was published in the Post Register on October 22 and October 29, 2003. Notice of the hearing was
also mailed to property owners within five hundred (500) feet of the property proposed to be rezoned and,
to other parties of interest.
City Administrator Bruce Rose presented slides of the proposed annexation, vicinity and adjacent
zoning. The property is located South of the Woodland Hills - A addition and West of Crowley Road and,
is adjacent to the City limits along the South of the Woodland Hills - A addition. The proposed annexation
is within the area of impact and is compatible with the Comprehensive Plan.
Planning and Zoning Chairman Tom Hunsaker reported that the Commission voted unanimously
to recommend approval of the Rockwell/Judy Annexation and Initial R-l Zoning. Testimony at the hearing
concerned traffic along Crowley Road where there is a three-mile stretch without any stop signs, and the
ascent on to Crowley Road from the property proposed for annexation.
Alan Curulingham, 1020 Lincoln Road, of Mountain River Engineering explained that the sewer
from this property will gravity feed through the previously annexed Woodland Hills additions to the lift
station at Ammon Road. He addressed the concerns regarding construction of an access road from the
proposed addition out onto Crowley Road, assuring the Council that they will work closely with City
Engineer Bill Manwill in designing the access.
Jay Johnson, 2125 Caballero, Ammon, Idaho, the Developer, confirmed Mr. Cunningham's report,
adding that the sewer system has been designed to feed into the Regional Sewer if constructed.
Councilmember Bean motioned to approve the Rockwell/Judy Annexation and Initial R-l Zoning.
Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite _
Yes, Councilmember Anderson - Yes. The motion carried.
City Council Minutes 11/20/2003 - 2
Councilmember Bean read Ordinance No. 336, 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,
Beginning at a point that is N.89048'38"W. along the East-West Center Section line 279.94 feet
from the East 1/4 Corner of Section 2, Township 1 North, Range 38 East of the Boise Meridian;
running thence N.89048'38"W. along said East-West Center Section line 1578.06 feet; thence
S.37020'00"W. 470.00 feet; thence S.120lO'OO"W. 253.00 feet; thence S.80020'00''E. 162.00 feet;
thence S.5I035'00"E. 84.00 feet; thence S.26040'00"E. 232.00 feet; thence S.44030'00"E. 374.00
feet; thence S.87030'00"E. 355.00 feet; thence East 1200.27 feet; thence N.OooOI '04"W. 446.62
feet; thence West 230.17 feet; thence North 738.15 feet to the POINT OF BEGINNING.
Containing 48.09 acres.
by title and motioned to dispense with the rule requiring three readings of the Ordinance. Councilmember
Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes,
Councilmember Anderson - Yes. The motion carried.
Councilmember Bean read Ordinance No. 336, 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,
Beginning at a point that is N.89048'38"W. along the East-West Center Section line 279.94 feet
from the East 1/4 Corner of Section 2, Township I North, Range 38 East of the Boise Meridian;
running thence N.89048'38"W. along said East-West Center Section line 1578.06 feet; thence
S.37020'00"W. 470.00 feet; thence S.120lO'OO"W. 253.00 feet; thence S.80020'00''E. 162.00 feet;
thence S.5I035'00"E. 84.00 feet; thence S.26040'00"E. 232.00 feet; thence S.44030'00"E. 374.00
feet; thence S.87030'00"E. 355.00 feet; thence East 1200.27 feet; thence N.OOoO I '04"W. 446.62
feet; thence West 230.17 feet; thence North 738.15 feet to the POINT OF BEGINNING.
Containing 48.09 acres.
by title and motioned to adopt Ordinance No. 336 on its third and final reading. Councilmember Waite
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember
Anderson - Yes. The motion carried.
Councilmember Bean motioned to approve the Rockwell/Judy Annexation Agreement as
presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember
Waite - Yes, Councilmember Anderson - Yes. The motion carried.
Rockwell/Solitude Estates Annexation. Initial Zonin!!:. Annexation A!!:reement and Ordinance No.
337: Public Hearing was held before the Planning and Zoning Commission on November 5, 2003.
Notice of the Hearing was published in the Post Register on October 22 and October 29,2003. Notice of
the hearing was also lnailed to property owners within five hundred (500) feet of the property proposed to
be rezoned and, to other parties of interest
City Administrator Bruce Rose presented slides of the proposed annexation, vicinity, proposed
zoning and adjacent zoning. The property is located South of Sunnyside Road along the East Side of the
Railroad Tracks and is adjacent to the City along the Railroad Tracks. The proposed annexation is
compatible with the Comprehensive Plan. Properties on the West Side of the Railroad Tracks are zoned
I&M-I, GC-I and R-l, properties to the North and East are in the County zoned C-I and Agriculture
respectively. The proposed zoning initially included I&M-I along the railroad tracks. The Planning and
Zoning Commission voted unanimously to recommend the Rockwell/Solitude Estates Annexation with C-l
zoning for the first 600 feet along the North and the remainder to be zoned R-I.
City Council Minutes lI/20/2003 - 3
Alan Cunningham. 1020 Lincoln Road, of Mountain River Engineering. Reported that the zoning
changes have been made to the proposed 3lmexation map, with the exception ofI&M-l along the bordering
I&M-l currently in the City. The developer does not object that portion being zoned C-l as recommended
by the Planning and Zoning Commission.
The Council discussed potential accesses from the property, direction of sewer flow from the
property and, the water system. The concept at this time would provide access to Sunnyside and a second
access to the West from the Southern portion of the property. The sewer system will feed down to the lift
station at Woodland Hills. Water from the future well at Ammon Road and Township Road will flow
North through the addition to Sunnyside Road, eventually looping further North and into the existing
system.
Jay Johnson, 2125 Caballero, Ammon, Idaho, the Developer addressed the Council regarding the
School District's present plans. He also
Councilmember Bean voiced concern regarding having C-l zoning directly against R-l zoning.
As the commercial is pre-existing there was not any objection.
Consideration was given to the existing Cell Phone Tower at the North end of the property, and
whether current City regulation regarding distance between a Cell Phone Tower and residential housing.
Planning and Zoning Chairman Tom Hunsaker reported that there is approximately 300 feet from the Cell
Tower to the R-1 zone. The Ordinance requires 800 feet from the nearest R-110t. The Ordinance, however,
regulates where a tower can be constructed, not where a house can be constructed. The only testimony was
from an adjacent county property owner who was concerned with whether she would be forced onto the
City utilities. Her son voiced concerns about the access to Sunnyside abutting his mother's property.
Jay Johnson informed the Council of the flood drainage plans slated for the property.
Councilmember Bean recommended the Commercial zone be restricted to exclude all residential.
Mr. Johnson reported that there would not be opposition to the restriction.
City Attorney Scott Hall reported the only additions to the Annexation Agreement is item "lj.
Developer agrees to make such modifications and/or construct any temporary facilities necessary for such
phased construction work as shall be required and approved by the City Engineer." And, an addition to
item 1.f. regarding the extension of services. Item 1.q. will be added to provide for the restriction of the
Commercial zone prolubiting residential construction.
Councihuember Bean motioned to approve the Rockwell/Solitude Estates Annexation and Initial
R-l Zoning and C-l ZOlung. Councilmember Waite seconded. Roll call vote: Councilmember Bean-
Yes, Councihuember Waite - Yes, Councilmember Anderson - Yes. The motion carried.
Councihuember Bean read Ordinance No. 337, 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 APART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO;
DE1ERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND
TERRITORY UNDER THE ZONING OlWINANCE OF THE CITY OF AMMON, IDAHO;
PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF
SAID LANDS,
1) R-1 Zone
Beginning at the Northeast Comer of Section 35, Township 2 North, Range 38 East of the Boise
Meridian; miming thence S.890l5'59"W. along the Section line 2683.84 feet to the North 1/4
Comer of said Section 35; thence S.Ol 001 '46"E. along the North-South Center Section line 621.55
feet to the TRUE POINT OF BEGINNING; thence S.880l8'00"E. 1302.22 feet; thence
S.00027'01"E. 655.28 feet; thence S.880lO'56"E. 144.07 feet; thence S.23021 '32"W. 864.53 feet;
thence S.35045'26"W. 360.50 feet; thence S.Ql03l'34"E. 150.50 feet to the East-West Center
Section line of said Section 35; N.89033 '26"E. along said East-West Center Section line 1.25 feet;
thence S.01056'46"E. 1360.99 feet; thence S.60018'14"W. 159.00 feet; thence S.89030'14"W.
750.00 feet to the North-South Center Section line; thence N.Olo01'46"W. along said North-South
Center Section line 3381.13 feet to the TRUE POINT OF BEGINNING.
Containing 81.71 acres.
SUBJECT TO: existing easements of record.
2) C-l Zone
Beginning at the Northeast Comer of Section 35, Township 2 North, Range 38 East of the Boise
Meridian; running thence S.890l5'59"W. along the Section line 2683.S4 feet to the North 1/4
City Council Minutes 11/20/2003 - 4
Corner of said Section 35; thence S.Ol 001 '46"E. along the North-South Center Section line 70.93
feet to the TRUE POINT OF BEGINNING, said point also being 50.00 feet South of and
perpendicular to the centerline of 3 3 rd South (Sunnyside road); running thence S. 0 I 00 I ' 46"E.
along said North-South Center Section line 550.62 feet; thence S.88018'00"E. 213.60 feet; thence
N.OI 001 '46"W. 550.62 feet to a point being 50.00 feet South of and perpendicular to said
centerline of 33rd South (Sunnyside road); thence N.88018'00"W. along a line parallel with said
centerline 213.60 feet to the TRUE POINT OF BEGINNING.
Containing 2.70 acres.
SUBJECT TO: existing easements of record.
3) C-l Zone
Beginning at a point that is North 89015'59" East along the Section line 213.36 feet and South
01001 '46" East 259.94 feet from the North 1/4 Corner of Section 35, Township 2 North, Range 38
East of the Boise Meridian, Bonneville County, Idaho; running thence South 88018'00" East
156.40 feet; thence South 01001'46" East 70.00 feet; thence South 88018'00" East 509.97 feet;
thence South 00027'01" East 33.13 feet; thence North 89032'59" East 425.00 feet; thence South
00027'00" East 283.38 feet; thence North 88018'00" West 1088.62 feet; thence North 01001'46"
West 370.68 feet to the POINT OF BEGINNING.
CONTAINING: 7.52 acres.
LESS AND EXCEPTING: Part of the Northeast 1/4 of Section 35, Township 2 North, Range 38,
East of the Boise Meridian, Bonneville County, Idaho described as:
Beginning at a point that is South 89006'52" West 2252.56 feet along section line and
South 01031'58" West 351.41 feet to the True Point of Beginning from the Northeast
Corner of said Section 35 and running thence South 01031 '58" West 20.00 feet; thence
North 88027'51" West 20.00 feet; thence North 01031'58" East 20.00 feet; thence South
88027'51" East 20.00 feet to the Point of Beginning.
Parcel contains 400 square feet and is attached to a 12 foot Access/Utility Easement 6 feet each
side of the following described centerline:
Beginning at a point that is South 89006'52" West 2596.26 feet along section line to the
True Point of Beginning from the Northeast Corner of said Section 35 and running thence
South 03011 '21" West 272.62 feet to a point of curve; thence Southeasterly 47.16 feet
along said curve to the Left, Curve Data: Delta = 90004' 12", Radius = 30.00 feet, Chord
Bearing =South 41050'45" East 42.45 feet; thence South 86052'51" East 90.59 feet;
thence South 73008'40" East 122.23 feet; thence South 83008'15" East 94.09 feet to the
West line of above described parcel, and point of Terminus.
SUBJECT TO: existing easements of record.
4) C-l Zone
Beginning at the Northeast Corner of Section 35, Township 2 North, Range 38 East of the Boise
Meridian; running thence S.89015'59"W. along the Section line 2683.84 feet to the North 1/4
Corner of said Section 35; thence S.OI 001 '46"E. along the North-South Center Section line 70.93
feet to the TRUE POINT OF BEGINNING, said point also being 50.00 feet South of and
perpendicular to the centerline of 33rd South (Sunnyside road); running thence S.01001'46"E.
along said North-South Center Section line 550.62 feet; thence N.88018'00"W. 83.89 feet to the
West Right-of-Way line of the Eastern Idaho Railroad; thence N.00032'20"E. along said West
Right-of-Way line 550.11 feet to a point being 50.00 feet South of and perpendicular to said
centerline of 33rd South (Sunnyside road); thence S.88018'00"E. along a line parallel with said
centerline 68.81 feet to the POINT OF BEGINNING.
Containing 0.96 acres.
SUBJECT TO: existing easements of record.
5) R-I Zone
Beginning at the Northeast Corner of Section 35, Township 2 North, Range 38 East of the Boise
Meridian; running thence S.89015'59"W. along the Section line 2683.84 feet to the North 1/4
Corner of said Section 35; thence S.OI 001' 46"E. along the North-South Center Section line 621.55
feet to the TRUE POINT OF BEGINNING; running thence S.OI 001 '46"E. along said North-South
Center Section line 2094.54 feet; thence N.89027'40"W. 141.19 feet to the Southeast corner of
Tom Bird Addition, Division No.1, to the City of Ammon, Bonneville County, Idaho, said point
City Council Minutes 11/20/2003 - 5
also being on the West Right-of-Way line of the Eastern Idaho Railroad; thence N.00032'20"E.
along said West Right-of-Way line 2095.45 feet; thence S.88018'00"E. 83.89 feet to the TRUE
POINT OF BEGINNING.
Containing 5.41 acres.
SUBJECT TO: existing easements of record.
by title and motioned to dispense with the rule requiring three readings of the Ordinance. Councilmember
Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes,
Councilmember Anderson - Yes. The motion carried.
Councilmember Bean read Ordinance No. 337, 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 ANNEXA nON OF
SAID LANDS,
1) R-l Zone
Beginning at the Northeast Corner of Section 35, Township 2 North, Range 38 East of the Boise
Meridian; running thence S.89015'59"W. along the Section line 2683.84 feet to the North 1/4
Comer of said Section 35; thence S.01001 '46"E. along the North-South Center Section line 621.55
feet to the TRUE POINT OF BEGINNING; thence S.88018'00"E. 1302.22 feet; thence
S.0002TOl"E. 655.28 feet; thence S.880lO'56"E. 144.07 feet; thence S.23021 '32"W. 864.53 feet;
thence S.35045'26"W. 360.50 feet; thence S.01031 '34"E. 150.50 feet to the East-West Center
Section line of said Section 35; N.89033 '26"E. along said East-West Center Section line 1.25 feet;
thence S.0I056'46"E. 1360.99 feet; thence S.60018'14"W. 159.00 feet; thence S.89030'14"W.
750.00 feet to the North-South Center Section line; thence N.Ol 001 '46"W. along said North-South
Center Section line 3381.13 feet to the TRUE POINT OF BEGINNING.
Containing 81.71 acres.
SUBJECT TO: existing easements of record.
2) C-l Zone
Beginning at the Northeast Corner of Section 35, Township 2 North, Range 38 East of the Boise
Meridian; running tllence S.89015'59"W. along the Section line 2683.84 feet to the North 1/4
Corner of said Section 35; thence S.OI 001 '46"E. along the North-South Center Section line 70.93
feet to the TRUE POINT OF BEGINNING, said point also being 50.00 feet South of and
perpendicular to tlle centerline of 33 rd South (Smmyside road); running thence S. 0 1 00 1 ' 46"E.
along said North-South Center Section line 550.62 feet; thence S.88018'00"E. 213.60 feet; thence
N.Ol 001' 46"W. 550.62 feet to a point being 50.00 feet South of and perpendicular to said
centerline of 33rd South (Smmyside road); thence N.88018'00"W. along a line parallel with said
centerline 213.60 feet to the TRUE POINT OF BEGINNING.
Containing 2.70 acres.
SUBJECT TO: existing easements of record.
3) C-l Zone
Beginning at a point that is North 89015'59" East along the Section line 213.36 feet and South
01001'46" East 259.94 feetfrom the North 1/4 Corner of Section 35, Township 2 North, Range 38
East of the Boise Meridian, Bonneville County, Idaho; running thence South 88018'00" East
156.40 feet; tllence South 01001'46" East 70.00 feet; thence South 88018'00" East 509.97 feet;
thence South 00027'01" East 33.13 feet; thence North 89032'59" East 425.00 feet; thence South
00027'00" East 283.38 feet; thence North 88018'00" West 1088.62 feet; thence North OJ001'46"
West 370.68 feet to tlle POINT OF BEGINNING.
CONTAINING: 7.52 acres.
LESS AND EXCEPTING: Part of the Northeast 1/4 of Section 35, Township 2 North, Range 38,
East of the Boise Meridian, Bonneville County, Idaho described as:
Beginning at a point that is South 89006'52" West 2252.56 feet along section line and
South 01031 '58" West 351.41 feet to tlle True Point of Beginning from the Northeast
Corner of said Section 35 and running thence South 01031 '58" West 20.00 feet; thence
City Council Minutes 11/20/2003 - 6
North 88027'51" West 20.00 feet; thence North 01031 '58" East 20.00 feet; thence South
88027'51" East 20.00 feet to the Point of Beginning.
Parcel contains 400 square feet and is attached to a 12 foot Access/Utility Easement 6 feet each
side of the following described centerline:
Beginning at a point that is South 89006'52" West 2596.26 feet along section line to the
True Point of Beginning from the Northeast Corner of said Section 35 and running thence
South 03011 '21" West 272.62 feet to a point of curve; thence Southeasterly 47.16 feet
along said curve to the Left, Curve Data: Delta = 90004'12", Radius = 30.00 feet, Chord
Bearing =South 41050'45" East 42.45 feet; thence South 86052'51" East 90.59 feet;
thence South 73008'40" East 122.23 feet; thence South 83008'15" East 94.09 feet to the
West line of above described parcel, and point of Terminus.
SUBJECT TO: existing easements of record.
4) C-l Zone
Beginning at the Northeast Corner of Section 35, Township 2 North, Range 38 East of the Boise
Meridian; running thence S.89015'59"W. along the Section line 2683.84 feet to the North 1/4
Corner of said Section 35; thence S.OI 001 '46"E. along the North-South Center Section line 70.93
feet to the TRUE POINT OF BEGINNING, said point also being 50.00 feet South of and
perpendicular to the centerline of 33rd South (Sunnyside road); running thence S.01001'46"E.
along said North-South Center Section line 550.62 feet; thence N.88018'00"W. 83.89 feet to the
West Right-of-Way line of the Eastern Idaho Railroad; thence N.00032'20"E. along said West
Right-of-Way line 550.11 feet to a point being 50.00 feet South of and perpendicular to said
centerline of 33rd South (Sunnyside road); thence S.88018'00"E. along a line parallel with said
centerline 68.81 feet to the POINT OF BEGINNING.
Containing 0.96 acres.
SUBJECT TO: existing easements of record.
5) R-l Zone
Beginning at the Northeast Corner of Section 35, Township 2 North, Range 38 East of the Boise
Meridian; running thence S.890l5'59"W. along the Section line 2683.84 feet to the North 1/4
Corner of said Section 35; thence S.Ol 001 '46"E. along the North-South Center Section line 621.55
feet to the TRUE POINT OF BEGINNING; running thence S.01001 '46"E. along said North-South
Center Section line 2094.54 feet; thence N.89027'40"W. 141.19 feet to the Southeast corner of
Tom Bird Addition, Division No.1, to the City of Ammon, Bonneville County, Idaho, said point
also being on the West Right-of-Way line of the Eastern Idaho Railroad; thence N.00032'20"E.
along said West Right-of-Way line 2095.45 feet; thence S.88018'00"E. 83.89 feet to the TRUE
POINT OF BEGINNING.
Containing 5.41 acres.
SUBJECT TO: existing easements of record.
by title and motioned to adopt Ordinance No. 337 on its third and final reading. Councilmember Waite
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember
Anderson - Yes. The motion carried.
Councilmember Bean motioned to approve the Solitude Estates Annexation Agreement with insertion of
special conditions that the C-l zoned property will have no residential dwellings as presented.
Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember
Anderson - Yes, Councilmember Waite - Yes. The motion carried.
Centennial Ranch #16 Final Plat and Development A2reement: City Administrator Bruce Rose
presented slides of the location and zoning of the proposed final plat and gave a history of the proposed
plat. The plat was recommended for approval by the Planning and Zoning Commission at their October
meeting; Was denied at the November 6th Council meeting due to lot depths along the railway not meeting
the 200 foot requirement. And, was discussed in detail with the developer at the Council's November I
And, was discussed in detail with the developer at the Council's November 13th Work Session.
A report on when tlle 200 foot requirement was implemented and the lot depths of subsequent
plats was included in the Council packets. Planning and Zoning Chairman Torn Hunsaker recommended
that the lot depth requirement be waived in light that it hasn't been enforced in several other divisions
platted after the ordinance was passed. Councilmember Bean reported that Councilmember Elect Rex
Thompson had gone door to door surveying residents whose homes are along the railroad right-of-way who
City Council Minutes 11/20/2003 - 7
indicated that there was little concern about the railroad tracks being as close to their homes as it is. The
Council discussed the issue, concluding that they should continue with the precedent set to allow the
shallower lots.
The Council discussed the potential need for a railway crossing at the East end of John Adams
Parkway connecting through a County division on the East of the proposed plat. And, whether the
developer should be required to participate in construction of the railroad crossing. Mayor Ard reported on
discussion with County Commissioners' who indicate the crossing should be on the planning list and that
they will put it in their plaruung. Bonneville County, City of Idaho Falls and the City of Ammon have all
designated John Adams Parkway as a collector. As such the County Commissioners recognize they have
responsibility to ensure the crossing is installed. The developer who owns the County subdivision on the
West Side of the railroad tracks has not refused to participate in the construction of the crossing.
The extent of participation by the developer in the cost of installation of the railroad crossing, and
when such participation would be required was discussed with the developer. City Attorney Scott Hall
suggested wording to be used in the Development Agreement defining participation by the developer in the
cost of the railroad crossing. Jay Johnson suggested language to the effect of equal to the developer on the
East side of the railway not to exceed $25,000. The suggestion was discussed and, concluded that $35,000
will be paid to the City by developer at the time improvements in the division are accepted with the
provision that any portion of the $35,000 exceeding 1/3 of the cost of the crossing would be refunded to the
developer when the crossing is complete.
Councilmember Bean motioned to approve the Centennial Ranch # 16 Final Plat and Development
Agreement, with an addition to the Development Agreement that the developer will pay $35,000 to the City
at the time improvements in the division are accepted by the City in contribution toward the John Adams
Parkway railroad crossing. Councilmember Waite seconded. Councilmember Bean - Yes, Councilmember
Waite - Yes, Councilmember Anderson - Yes. The motion carried.
Councilmember Anderson motioned to have Planning and Zoning review the regulation regarding
the depth of lots bordering railroad tracks. Councilmember Waite seconded. Roll call vote:
Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion
carried.
Falls Water Al!reement: City Administrator Bruce Rose reported that the Council discussed the request
for a formal agreement with Falls Water for those areas within the City of Ammon serviced by Falls Water
at their November 13th Work Session. A draft agreement has been provided. And, informed the Council of
those areas of Ammon being serviced by Falls Water.
The Regional Water Study, which began in April, was discussed in conjunction with the service
agreement before the Council. Further discussion was tabled to the December 11, 2003, Work Session.
Miscellaneous Discussion: Planning and Zoning Chairman Tom Hunsaker reported to the Council
on his research into City regulation of temporary storage containers, which was prompted by a recent letter
to the editor in the Post Register. Mr. Hunsaker stated that WalMart has reduced their parking below the
minimum required by use of the parking area for the temporary storage containers. There are requirements
pertaining to temporary storage units in the C-I and CC-l zones, however, there are not similar
requirements in the HC~ 1 zone. Tom Hunsaker informed the Council that as the requirements were not
relaxed in a stricter Commercial zone, the requirement carries forward to the HC-I zone. The Council
discussed the complaint voiced in the letter to the editor.
Councihnember Bean reported that he believes they have reached an agreement regarding
obtaining easements for the construction of the water lines from Tiebreaker to Ammon Road through the
proposed John Adams Parkway.
Councihnember Anderson reported that Fire Chief Clarence Nelson has approached her regarding
forming a volunteer firefighters' association. Councilmember Bean suggested the Fire Chief should come
to Work Session to discuss the proposal.
City Clerk/Treasurer Diane Gempler asked the Council for direction regarding requiring the
$100.00 utility deposit from the owners of homes that do not receive City water and sewer systems. The
deposit requirement exceeds the cost billed for one year of sanitation service. In the interim Office Staff
has been instructed to suggest to those customers pay one year in advance to meet the requirement for
allowing waiver of the utility deposit.
City Council Minutes 11/2012003 - 8
Councilmember Bean motioned to adjourn. Councilmember Anderson seconded. All in favor,
motion carried, meeting adjourned at 10:45 p.m.
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C. ru e d, M~ or
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City Council Minutes 11120/2003 - 9