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Council Minutes 09/18/2003 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, September 18, 2003 The meeting was called to order by Mayor C. Bruce Ard at 7:35 p.m. in the City Building, 2135 South Anunon Road, Anunon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilmember Karen Y. Anderson Councilmember W. Lee Bean Councilmember Leslie Folsom Councilmember Randy Waite City Attorney Scott Hall City Administrator Bruce Rose Planning & Zoning Chairman Tom Hunsaker Deputy City ClerkfTreasurer Deon Cole City Engineer Bill Manwill Public Works Director David Wadsworth City Officials absent: City ClerkfTreasurer Diane Gempler Councilmember Folsom led the Pled2e of A1le2iance to the Fla2 and Councilmember Bean offered a prayer. MINUTES: Councilmember Folsom has changes and questions she would like to discuss with the City Clerk, and suggested that the minutes be tabled until the next meeting. Councilmember Anderson motioned to table the Minutes of the September 4, 2003 City Council Meeting. Councilmember Folsom seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Folsom- Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. CONSENT AGENDA: The background check for Lisa Marie Kamps Bartender Permit application has not yet been received. As such the item will not be addressed at this time. Councilmember Folsom motioned to approve the Home Occupation Permit for Jolene Peterson. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Anderson - Yes. The motion carried. Blatter Request for Rezone R-l to R-2: Councilmember Bean commented that if the Blatters wish to request a rezone to R-2 the request needs to go back before Planning and Zoning, as the Public Hearing before Planning and Zoning was a request to rezone from R -1 to R-2. The Public Hearing was held at the September 2, 2003, Planning and Zoning meeting. The Commission voted unanimously to recommend denial of the R-l to R-3A rezone to the City Council. Councilmember Folsom motioned to remand the R-l to R-2 request to Planning and Zoning. Councilmember Anderson seconded. Spilker Letter Re2ardin2 Quail Rid2e Well: Larry Spilker, 5858 21st South, Idaho Falls, addressed the Council regarding difficulties he has been having with his well. Mr. Spilker has submitted a letter to the City requesting that the City participate in the cost of and allow him to connect to the City water system. A statement of findings by Mr. Jack T. Barraclough, a hydrologist, was attached to the letter, indicating that the City's well (No 9, Quail Ridge) has had a "significant adverse impact" on his domestic well. As there are a number of other factors that have lowered the water table in the area, the City has declined to participate as requested. Mr. Spilker stated that he feels that the continued growth of the City in the area will continue to impact his water supply. Councilmember Bean asked Mr. Spilker if he is still experiencing difficulties with his well. Mr. Spilker indicated that it is intermittent and has not happened in the last few weeks. Mayor Ard asked for clarification of the location of Mr. Spilker's property and the distance from the City's well. Mr. Jack Barraclough, 3018 West Morland Circle, Idaho Falls, addressed the Council to explain his conclusions regarding the City Well's impact on Mr. Spilker's well. Mr. Barraclough presented graphic illustration of the water levels in the area and, provided detailed explanation of his calculations and assumptions. He described City Council Minutes 09/1812003 - I the more detailed and inclusive tests that could be applied to provide more aCCUIate conclusions in regard to the hydraulics of the situation. It is his judgement that the City Well is having an adverse impact on Mr. Spilker's well. Mr. Spilker indicated the worst problems with his well were during the month of July. Mayor Ard informed Mr. Spilker that up until the first of August the only water being drawn from the City well was being pumped up to the Quail Ridge Division, filling the tank (5,000 gallons) a couple of times a day. Since the first of August when the City began pumping to other areas from the well, the maximum being pumped has been no more than 500 gallons per minute. Currently it is pumping approximately 350 gallons per minute. Council asked for clarification of some of the technical information presented by Mr. Barraclough. And, discussed various other factors such as the current drought and other wells in the area on the water levels. Mr. Barraclaugh suggested that the City consider that the current pumping level from City well is having an effect on the water levels and that as the City increases demand on the well there will be further impact on other wells in the area. Mr. Spilker's request is for the City to participate in connecting his home to the City water system. Councilmember Bean asked if Mr. Spilker is requesting annexation at the same time. Mr. Spilker indicated they would if it is required. Councilmember Folsom asked if the figure Mr. Spilker presented includes the fees for connection to the system that are charged by the City. Mr. Spilker indicated it is an educated guess of the cost of the work. Councilmember Bean asked how many other homes are within the projected impact zone indicated by Mr. Barraclough. They estimated one dozen homes that could be affected. Councilmember Anderson asked City Attorney Scott Hall what legal obligation one well owner has to another well owner in situations such as this. City Attorney Scott Hall indicated he would need to research the matter. He also indicated that it would need to be determined if the City holds any liability or if Mr. McDaniel's would bear the liability as the City did not take possession until August 2200. . City Engineer Bill Manwill was asked for his opinion on the matter. He indicated that it appears that at peak, the draw down by the City's well may be more than his well can tolerate. Mr. Spilker reiterated his request for the Council to reconsider his request that was previously denied. The Council discussed the annexation offered to property owners at the time the Quail Ridge annexation occurred. Mr. Spilker indicated he did not receive any notification of the offered annexation and connection to services. The Deputy Clerk was directed to review the record to see if the notification had been sent. Councilmember Anderson motioned to table the request until such time as further research can be completed. Councilmember Folsom seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Folsom - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. The Council discussed whether Mr. Spilker's property is contiguous. City Attorney Scott Hall indicated that there is not conclusive proof that the City well is the cause of the problem Mr. Spilker is having with his well. The Council discussed which properties could be considered for future annexation in the future that would be serviced by the Quail Ridge well. Councilmember Bean motioned to adjourn the meeting. Councilmember Folsom seconded. All in favor. Motion camed. The meeting was adjourned at 8:.45 p.m. ~.,<~ __., or City Council Minutes 09/18/2003 - 2