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
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