Council Minutes 08/07/2003
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, AUGUST 7, 2003
The meeting was called to order by Mayor C. Bruce Ard at 7:30 p.rn. 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
City Attorney Brian Tucker
City Administrator Bruce Rose
City Engineer Bill Manwill
Public Works Director David Wadsworth
Planning & Zoning Chairman Tom Hunsaker
City Clerk/Treasurer Diane Gempler
The following City Officials were absent:
Councilmember Leslie Folsom
Councilmember Anderson led the Pledl!e of Allel!iance to the Flal! and Councilmember Bean offered a
prayer.
MINUTES: Councilmember Anderson motioned to approve the Minutes of the July 17,2003 City
Council Meeting. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes,
Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried.
CONSENT AGENDA: The Council discussed the application by Paul Johnson for a business license to
operate a roll-off dumpster commercial garbage service. City staff was directed to research the zoning of
the location where Mr. Johnson would like to locate the business. Councilmember Anderson motioned to
approve the Consent Agenda with the exception of Mr. Johnson's application. Councilmember Bean
seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember
Waite - Yes. The motion carried.
PUBLIC HEARING - 2003-2004 FISCAL YEAR BUDGET: Mayor Ard explained the hearing process
and called the hearing to order. No citizens stood to be sworn in. There were no comments or questions
from the public regarding the proposed budget. Mayor Ard closed the hearing.
PUBLIC HEARING RESOLUTIONS 2003-006 AND 2003-007 - FEES: Mayor Ard called the hearing
to order. No citizens stood to be sworn in. There were no comments or questions from the public
regarding the proposed fee changes and new fees. Mayor Ard closed the hearing.
The Council discussed resolution 2003-007, new fees for park facilities. City Administrator Bruce
Rose reported that Parks Director Ken Knoch has discussed the proposed ball field fees with the various
leagues that utilize them and has received a positive response. The wording regarding the Pavilion use fees
was changed to reservation fee. And, the ball field league fees wording was amended to indicate the fees
would not apply to City sponsored leagues.
Planning and Zoning Chairman Tom Hunsaker commented that the WBBA has been collecting the
fee from players and holding it in reserve as it has not been required by the City. They are prepared to pay
the fee that is being proposed. He also commented that the location in Denver where his family holds their
reunions reserves park pavilions for a block of hours.
The Council discussed Resolution 2003-006, fee changes. An Astrid was added to indicate that
the new general business license fee includes a $25.00 fire inspection fee.
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Councilmember Bean motioned to approve Resolution 2003-006 modifying fee rates with general
business license to include fire inspection fee. Councilmember Anderson seconded. Roll call vote:
Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion
carried.
Councilmember Anderson motioned to approve Resolution 2003-007 implementing park facility
use/reservation fees as amended with an effective date of October 1, 2003. Councilmember Bean
seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember
Waite - Yes. The motion carried.
Councilmember Bean motioned to approve the 2003-2004 Fiscal Year Budget. Councilmember
Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes,
Councilmember Anderson - Yes. The motion carried.
Peter H. Manson - Bartender Permit Auueal: Mr. Manson was not present at the meeting. Denial of
permit stands.
Rockwell Homes/Tawzer (Woodland Hills A) Ordinance and Annexation Agreement: City
Administrator Bruce Rose informed the Council of the history of this annexation and initial zoning. The
Council approved the annexation and initial zoning at the July 17,2003 City Council Meeting, and
reviewed the annexation agreement and made recommendations for changes at that time. City Attorney
Brian Tucker answered Council questions regarding the content of the revised annexation agreement.
Councilmember Anderson motioned to waive the second reading of Ordinance No. 327, an
Ordinance of the City of Ammon 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 property 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 the annexation of said lands (Woodland Hills - A). Councilmember
Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes,
Councilmember Waite - Yes. The motion carried.
Councilmember Anderson motioned to approve Ordinance No. 327, an Ordinance of the City of
Ammon 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 property 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 the annexation of said lands (Woodland Hills - A) on its third and final reading.
Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean -
Yes, Councilmember Waite - Yes. The motion carried.
Councilmember Anderson motioned to approve the Annexation Agreement for Woodland Hills -
A as presented. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes,
Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried.
Street Name Chanl!e - Mountain Vista Drive to Eal!les Homestead Drive: City Administrator Bruce
Rose presented the requested street name change to the Council. The street runs south from 17th Street in
the Eagle Pointe Addition. Bonneville County Emergency Services Agency is requesting the name change
to eliminate confusion regarding several streets with similar names.
Councilmember Bean motioned to approve the name change from Mountain Vista Drive to Eagles
Homestead Drive as requested. Councilmember Waite seconded the motion. Roll call vote:
Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion
carried.
City staff was instructed to inform the residents on the street of the name change.
Ouail Ridl!e Well Memorandum of Understandinl! and Settlement Al!reement: City Administrator
Bruce Rose presented the revised Memorandum of Understanding and Settlement Agreement regarding
acceptance of the Quail Ridge Well. City Attorney Brian Tucker answered Council questions regarding the
content of the revised agreement. And, provided the Council with a copy of the Date Down Agreement
from the Title Company.
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The Council discussed the existing Pump Tech Materialman's Lien against the property and the
warranty work the company has not completed on the drive unit and air compressor. Councilmember
Bean motioned to place the monies owed to Pump Tech under the Memorandum of Understanding and
Settlement Agreement into escrow until such time as the warranty work has been completed and release of
lien secured. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes,
Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried.
Councilmember Bean motioned to authorize Mayor Ard to sign the Memorandum of
Understanding and Settlement Agreement. Councilmember Waite seconded. Roll call vote:
Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion
carried.
Plannin!! and Zonin!! Renort: City Administrator Bruce Rose reported on the actions taken at the August
5,2003, Planning and Zoning Meeting. The Planning and Zoning Commission held three public hearings.
The Chamberlain request for rezone from RP to RE, of 6.27 acres. It is a portion of the
Cottonwood Hills Addition. There was not any testimony during this hearing. The Planning and Zoning
Commission voted unanimously to recommend the Council approve the request.
The Griffeth request for annexation and initial RE zoning. The property is located South of 21 st
South and West of the Quail Ridge Addition. There was not any testimony during this hearing. The
Planning and Zoning Commission voted unanimously to recommend the Council approve the request.
The Johnson/Trailwood request to rezone from CC-I and R3 to RI-A for property North ofK-
Mart and South of Tiebreaker. There was testimony in favor of the rezone request given by Mr. Groberg.
The Planning and Zoning Commission voted unanimously to recommend the Council approve the request.
The Council requested that the plats presented at Planning and Zoning for this property be brought to the
work session on August 14.
The Cottonwood Hills #2 Preliminary and Final Plat was recommended for approval. This is a
portion of the property requested for rezone by the Chamberlains. The Council requested that the plat be
brought to the work session on August 14.
The Woodland Hills #3 Final Plat was recommended for approval. This division borders the park
in the Woodland Hills Addition. There were no changes made from the preliminary plat previously
approved.
Quail Ridge Division #6 Preliminary and Final Plat was resubmitted and recommended for
approval by a vote of 5 for and 1 against (due to missing street names). This Plat was previously approved
in October 2001. The property is North of 21 st South and is along the Western edge of the Quail Ridge
Addition. The Council requested that the plat be brought to the work session.
Eagle Pointe #6 and #7 plats were also recommended for approval. The Council requested they be
brought to the work session.
Trailwood #6 revised Preliminary and Final Plats and Trailwood #7 Preliminary and Final Plats
were recommended for approval. City Administrator Rose recommended it be reviewed at the work
seSSIOn.
Eagle Pointe #7 Site Plan was approved and will be placed on the Agenda for the August 21,
2003. The Planning and Zoning Commission recommended the Site Plan for approval.
Councilmember Anderson asked the Council to consider that some of the information presented
by some Engineers is incorrect or misleading. Her concern is that the information included on plats,
outside of the actual plat may mislead the Planning and Zoning members. The difficulty appears to lie in
the fact that proposed streets are included in the areas surrounding plats that are being presented. The
Council and staff discussed the concern at length.
City Administrator Bruce Rose reported that concern regarding Preliminary and Final Plats being
submitted together by developers was discussed. It was the staff's understanding that on all new
developments that preliminary plats would be submitted first then if approved the final would be brought at
a later date. On current developments, the developer would be taking the risk of the final being denied if
submitting both the preliminary and final together.
Councilmember Anderson indicated that the concern raised at Planning and Zoning is that the
Final Plat is being adjusted between the Planning and Zoning meeting and presentation to the City Council.
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The Council discussed the problems that have been presented by allowing developers' to submit
both plats together. Councilmember Bean suggested that the City Administrator, City Engineer, and Public
Works Director prepare a proposal for handling the submission of preliminary and final plats to be
presented at the next work session.
The August 14, 2003, work session was scheduled to begin at 3:30 p.m.
City Attorney Brian Tucker reported that he has a pending litigation matter that needs to be
discussed in executive session following this regular meeting.
City Engineer Bill Manwill reported that the Bonneville County Transportation Committee met on
August 6, 2003, that the projects planned for 2003 will not be done until 2004, as there is still work that
needs to be done on the easements and storm pond.
Councilmember Bean motioned to move into executive session to discuss a litigation issue.
Councilmember Anderson seconded. All in favor, motion carried.
The Council adjourned from executive session at 10:00 p.m.
C. Bruce Ard, Mayor
Diane B. Gempler, City Clerk/Treasurer
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