Council Minutes 01/19/2006
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CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JANUARY 19,2005
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 W. Lee Bean
Councilmember Randy Waite
Councilmember Rex Thompson
Councilmember Dana Kirkham
City Administrator Bruce Rose
City Engineer Bill Manwill
City Planning Director Ron Folsom
City Clerk/Treasurer Diane Gempler
Officials absent: City Attorney Scott Hall
Councilmember Waite led the Pledl!e of Alleeiance to the F1al! and, Councilmember Kirkham offered a
praver.
Minutes January 19.2006: Councilmember Thompson motioned to approve the January 19,2006, Minutes as
corrected. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember
Kirkham - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried.
Items From the Mavor: Mayor Ard gave the floor to former Mayor Russell Swenson
Mr. Swenson addressed the Council regarding the Centennial Gazebo Project. He reported on the fund
raising efforts to date. The Centennial Gazebo Committee is seeking Council approval to proceed with a State Parks
and Recreation Grant Application.
There were 24 members of the public present. Several ofthe audience members voiced their support of the
project.
Counilmember Thompson motioned to proceed with the grant application. Councilmember Waite
seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember
Kirkham - Yes, Councilmember Bean - Yes. The motion carried.
Consent Al!enda: Councilmember Waite motioned to approve the Consent Agenda. Councilmember Kirkham
seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean-
Yes, Councilmember Thompson - Yes. The motion carried
PUBLIC HEARINGS:
Linford Request for Variance - Side Yard Set Back: Mayor Ard explained the hearing process and swore in
those individuals interested in testifying.
City Planning Director Ron Folsom presented slides of the location, vicinity and site-plan and reported the
history of the request.
Linda Linford, 2646 Irwin Court, Idaho Falls, testified in favor of the request. Mrs. Linford explained the
attempts made by the Linfords to correct the set back shortage. She asked that the Council consider that they have
done every thing possible to correct the situation.
Tom Hunsaker, Planning and Zoning Member, reported on the discussions held by the Commission. The
Commission agreed that the situation does not technically meet the requirements for variance. Their
recommendation was for the Council to hold this hearing to obtain additional information and request testimony
from Building Official George Klomp.
City Building Official George Klomp testified in favor of granting the variance. The Linfords were
allowed to pour the foundation based on Mr. Colby Hackbarth, the neighboring property owner, assuring the
building official that a property transfer had been arranged to allow the Linfords to meet the set back requirement.
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A memorandum outlining Mr. Klomp's interactions with the Linfords and Colby Hackbarth was included in the
Council meeting packets.
Colby Hackbarth, 6029 Pheasant Drive, testified that he has made every effort to work with the Linfords.
He feels that the Linfords have not upheld their end of the agreements made.
Larry Linford, 2646 Irwin Court, Idaho Falls, testified that he felt Mr. Hackbarth has repeatedly changed
the terms by which he would transfer the needed strip of property.
Mayor Ard closed the public hearing.
The Council discussed the information provided. The agreement between the Linfords and Mr. Hackbarth
included in-kind compensation in the form oflandscaping on the Hackbarth's property to be completed by the
Linfords.
Councilmember Bean motioned to table consideration ofthe requested variance until the next regular
Council meeting and request that the parties make a concerted effort to iron out their agreement regarding the
landscaping as the preferred resolution to the set-back issue. Councilmember Kirkham seconded. Roll call vote:
Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember
Waite - Yes. The motion carried.
PUBLIC COMMENT - ITEMS NOT ON AGENDA: None
ACTION ITEMS:
Request for Vacation of Nvles Circle. Centennial Ranch Division #15: Public Hearing for this request was held
before the Planning and Zoning Commission on January 4, 2006. City Planning Director Ron Folsom presented
slides of the location and current plat. The developer presented the concept plans for the project to the Council at a
work session in the fall of2005.
Tom Hunsaker reported on the Planning and Zoning Commission's discussion regarding the requested
right-of-way vacation. They voted unanimously to recommend the Council approve the request.
The Council discussed the requested right-of-way vacation.
Councilmember Kirkham motioned to table the request to the February 16,2006, Council meeting and
request that a representative for the developer be present at that meeting. Councilmember Bean seconded. Roll call
vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes,
Councilmember Waite - Yes. The motion carried.
Ratliff Rezone Request - RI-A to CC-l: Public Hearing for this request was held before the Planning and Zoning
Commission on January 4,2006. City Planning Director Ron Folsom presented slides of the location and
surrounding zoning. The Planning and Zoning Commission voted unanimously to recommend approval.
The Council discussed the requested rezone.
Councilmember Bean motioned to approve the rezone as requested. Councilmember Waite seconded. Roll
call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes,
Councilmember Thompson - Yes. The motion carried.
Walereen's Division #1 Final Plat and Development Aereement:' City Planning Director Ron Folsom presented
slides of the location and surrounding zoning. The Planning and Zoning Commission recommend approval.
The Council discussed the proposed plat and development agreement.
Councilmember Bean motioned to approve the plat as presented. Councilmember Kirkham seconded. Roll
call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes,
Councilmember Waite - Yes. The motion carried.
Councilmember Bean motioned to approve the Walgreen's Division #1 Development Agreement with
clarification of the wording in SC-3 to ensure sewage flows into the City's system above the metering station on
Ammon Road and, add wording to SC2 that road improvements will be put in at the time of construction, including
traffic signal. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite
- Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried.
Rune Harkestead of IHS Properties, 10655 NE 4th Street #300, Bellevue, Washington, representative of
developer, addressed the Council. Mr. Harkestead stated that Walgreen's has committed to build at the site.
Walereeo's Preliminary Site Plao: City Planning Director Ron Folsom presented slides of the location and site
plan. The Planning and Zoning Commission voted unanimously to recommend approval.
The Council discussed the proposed preliminary site plan
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Councilmember Kirkham motioned to approve the preliminary site plan with the curb cut in lot 2 being
aligned with Cabellero and addition of deceleration and acceleration lanes on Ammon Road. Councilmember Bean
seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson
- Yes, Councilmember Waite - Yes.
Amend Ammonside #1 Develooment Al!reement: The Council discussed the proposed amendment to the
Development Agreement. City Attorney Brian Tucker recommended establishing a time frame in SC-4 regarding
installation of the signal light at Eagle Drive.
Councilmember Waite motioned to approve the amended agreement as presented. Councilmember
Kirkham seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember
Bean - Yes, Councilmember Thompson - No, as he feels a deceleration lane would be beneficial.
Authorization to Bid Eal!le Bridl!e and Falcon Drive/17th Street Barrier: Phil Deaton of 2040 Eagle Drive
addressed the Council regarding issues he feels need to be addressed in design of the bridge. Mr. Deaton asked that
they consider the type of bridge to be installed. He suggests the design needs to address funneling from the wider
southern Eagle Drive into the narrower street north of the canal; landscaping; correction of the drainage problems
that occur in the intersection of Eagle Drive and Salmon; and ensuring that construction does not foster a new
flooding problem by lowering the canal bank to much.
The Council discussed the proposed project.
Councilmember Bean motioned to table the decision on the authorization of bid and closing access to
Falcon from 17th and to authorize design of the bridge. Councilmember Kirkham seconded. Roll call vote:
Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember
Waite- Yes.
Councilmember Bean motioned to adjourn to exec session to discuss personnel and potential litigation.
Councilmember Kirkham seconded. All in favor, the motion carried.
Councilmember Bean motioned that with respect to the split zone on Dean Mortimer's property, to allow
him to build according to the predominant zone. Councilmember Waite seconded. Roll call vote: Councilmember
Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The
motion carried.
Councilmember Kirkham motioned to move forward in forming a committee to search for a fire chief.
Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Councilmember Bean motioned to adjourn. Councilmember Kirkham seconded. All in favor, the motion
carried.
The meeting adjourned at 11: 10 p.m.
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