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Council Minutes 06/01/2006 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JUNE 1,2006 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 Lee Bean Councilmember Randy Waite Councilmember Rex Thompson Councilmember Dana Kirkham City Attorney Scott Hall City Administrator Bruce Rose City Engineer Bill Manwill City Clerk/Treasurer Diane Gempler City Planning Director Ron Folsom Councilmember Thompson led the Plede:e of Allee:iance to the Flae: and, Councilmember Waite offered a prayer. Minutes Mav 18,2006: Councilmember Bean motioned to approve the May 18, 2006, Minutes with correction. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Items From the Mavor: None Consent Ae:enda: Councilmember Bean motioned to approve the Consent Agenda as presented. Council member Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. PUBLIC HEARINGS: None PUBLIC COMMENT - ITEMS NOT ON AGENDA: Patsy Latusek, 2047 Eagle Pointe Drive, addressed the Council requesting that the Council impose a curfew in the City Parks. She cited an incident on 24th of May when a man was walking around the playground behind her home both during the day and again later that evening. She called the police and they informed her that the individual had every right to be there. ACTION ITEMS: Chamberlain Annexation and Initial RE Zonine: - Ordinance #394 & Annexation Ae:reement: City Planning Director Ron Folsom answered the Council's questions regarding the proposed annexation agreement. Councilmember Bean read Ordinance #394, 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. (COTTONWOOD HILLS ESTATES #3) by title and motioned that City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Bean read Ordinance #394, 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 City Council Minutes 06/01/2006 -- I OF THE ANNEXATION OF SAID LANDS. (COTTONWOOD HILLS EST A TES #3) by title and motioned to adopt Ordinance #394 as an ordinance of the City of Ammon on its third and final reading. 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 approve the Chamberlain Annexation with Initial RE zoning adding SC-2 allowing retention of surface water rights for irrigation until no longer in use by the property owner(s). Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Resolution #2006-004 - Excessive Force Policv: Councilmember Waite motioned to adopt Resolution #2006-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMMON, ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Cottal!es French Drain/Pipinl! Update & Developer Performance Bond Update: George McDaniels reported to the Council on the progress of repairs being made in the Cottages. Mr. McDaniels submitted a letter to the Council detailing the work in progress and requesting adjustment of the deadlines set by the Council during their May 4, 2006, meeting. Due to delays in receiving the drains from the concrete company, Mr. McDaniels requested that the deadline for installation be moved to June 30, 2006. He also requests that the deadline for submitting the performance bond be extended to July 15, 2006. Mr. McDaniels explained his experience negotiating regarding splitting performance bond liability with the contractor. He also reiterated that Foothills properties are not assuming responsibility for monopoly properties obligations under the original annexation and development agreements. The Council discussed the Mr. McDaniel's proposals. Councilmember Kirkham motioned to approve clarification of the letter of agreement to reflect deadline for completion of the drains and submission of the performance bond of June 15,2006, with one year warranty of the work beginning upon acceptance by the City and, release of the performance bond on July 31, 2006, upon approval of the completed work by City staff. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham- Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried DISCUSSION ITEMS: Expansion of Area of Impact: City Planning Director Ron Folsom reported that there is a need to expand the area of impact. The impact area needs to be expanded to the east where annexations and development have reached the boundary and, to the south where the impact area is less than recommended. Miscellaneous: Mayor Ard reported that meeting with Mayor Furhiman regarding the right-of-way along Hitt Road has been scheduled for 8:00 a.m. on June 6, 2006. City Administrator Bruce Rose reported that there is some new language being included on Final Plats. The statement includes the assumption of surface water assessments by the City in compliance with secondary water system regulations. Mr. Rose also reported that Jeff and Kristi Larsen of Full House Construction, who developed the Greenfield town-homes, have filed for bankruptcy. The development has not been completed; sidewalks from Ammon Road to the east and chip sealing of the street were scheduled for this spring. Staff is currently working with the property owners, who appear willing to work towards completion of the development. Councilmember Kirkham reported on progress in developing the website. Logo's have been submitted to the City by LUX. Ms. Kirkham asked for the Councils' opinion regarding the logos. Councilmember Kirkham motioned to adjourn to executive session to discuss a personnel issue. Councilmember Thompson seconded. All in favor, the motion carried. The meeting adjonrned at 9,55 p.m. .~ " C. Bruce Ar Mayor City Council Minutes 06/01/2006 -- 2