04172008CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, APRIL 17, 2008
AGENDA
:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AMENDED
AGENDA
THURSDAY, APRIL 17, 2008 - 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Bean
Prayer – Councilmember Powell
MINUTES:
None
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Conditional Use Permit Renewal – Liberty Square
2.Conditional Use Permit – P&Z Hearing #2008-009 – New Beginnings – 2085 Avocet
3.Conditional Use Permit – P&Z Hearing #2008-010 – Sweetwater Lane – Church in R1-A
4.Final Plat & Development Agreement – Oak Ridge Division 2
5.Final Plat, Site Plan and Development Agreement – River Bend Manor
6.Preliminary & Final Plat – Maverik Sunnyside Road
7.Site Plan – Maverik Sunnyside Road
8.Annexation & Preliminary Plat – P&Z Hearing #2008-013 – Quail Ridge Phase II
9.Ammon Fire Station Remodeling - Contractor Bid Results & Authorize Open Contracting
10.Well House #10 Bid
11.Code Changes
12.Ordinance #451 Code Changes
13. Concession Stand Agreement McCowin Park - Robert & Rebecca Walker
DISCUSSION ITEMS:
1.
Misc.
MINUTES
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:
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Randy Waite
Councilmember D. Ray Ellis
Councilmember Brian Powell
City Clerk Leslie Folsom
City Attorney Scott Hall
City Planning Director Ron Folsom
City Engineer Lance Bates
City Officials Absent:
Councilmember Rex Thompson
Councilmember Bean led the Pledge of Allegiance to the Flag and Councilmember Powell offered the
prayer.
City Council Minutes 04/17/2008 -- 1
MINUTES:
None
ITEMS FROM MAYOR:
Mayor Ard commented that he spoke to Idaho Falls and gave them the details on the
Hitt Road expense breakdown between the two cities.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday April 17, 2008
License applications are pending in the City Office for the following:
GENERAL BUSINESS LICENSE 2008:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
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A.Battelle Energy Alliance – Engineering – 2752 E. 14 N.
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B.Nouveau Riche University – Financial – 3456 E. 17 Street Suite #240
C.Holeshot Plumbing – Plumbing – 3968 E. Sunnyside Rd. Unit #1
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D.Coffee Shack – Retail Sales – 125 S. 25 E.
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E.Big Dog – Retail Sales – 2631 S. 25 E.
F.Vance, Dr. Carol M.D. – Pediatric Neurology – Medical Center
G.Verizon Wireless – Cell Tower – 4020 E. Sunnyside Rd.
2.RENEWALBUSINESS LICENSE APPLICATION:
A.Spine Align Chiropractor – Chiropractic – 1491 Curlew
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B.D&L Cleaners & Laundry – Dry Cleaning – 3160 E. 17 Street
HOME OCCUPATION PERMITS 2008:
1.NEW HOME OCCUPATION PERMITS:
A.Advanced Drafting Services – Drafting – 3026 Silver Circle
B.Drake Ventures – Retail Sales – 3924 Boulder Creek
2.RENEWAL HOME OCCUPATION PERMITS:
A.Final Touch – Home Decor – 5699 Veil Drive
Business License: Councilmember Kirkham motioned to approve the Business License Consent Agenda as
presented. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember
Waite – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember Ellis – Yes. The
motion passed.
Accounts Payable: Council discussed the Accounts Payable Consent Agenda. Council talked about double
checking some of the payments. Councilmember Bean motioned to approve the Accounts Payable Consent Agenda
withholding the following; 1) Ground Water $9690, 2) Idaho Sanitation $84,692, 3) Department of Labor $3251,
and 4) Idaho State Tax $1650. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes,
Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, and Councilmember
Kirkham – Yes. The motion passed.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
Scott Tallman, 5308 Cabana Drive, stated
they are concerned, as developers, with the sewer offsite improvements. He feels there is not any coordination
between the engineers and Keller’s. The water lines coming up Sunnyside would be on top of sewer lines, so Keller
moved their sewer line to the other side of the street – which is next to a canal. This will cause water infiltration into
the canal. He feels it needs to be addressed now. They had no idea Keller was starting there. The last he had heard
on the water was the line from Well #11 to Well #9 so we could get the pressure tank going on the hill. He now
hears that is first and this is third now. They feel they have been very patient as a developing group.
Mayor Ard commented we have not gotten approval for wells yet. Scott stated he understands that. He
thought the booster pump would go first. Councilmember Kirkham stated when they agreed with Keller they
abandoned the idea of the booster pump. Scott talked about the cost they have to incur. They were told certain
things would be done first and they have agreed to pay certain things.
Lance Bates talked about the placement of the sewer lines. He got preliminary drawings for the alignment
of the sewer lines and at the same time received a call from Jeff Freiberg of Keller asking where the water lines need
City Council Minutes 04/17/2008 -- 2
to be and on which side of the road. He looked at the preliminary notes on the sewer line that showed on the north
side of the road. He made a decision at that point, which he thought was in coordination, to move the water lines,
not the sewer line, to the south side of the road. He further stated there is approximately 2200-2300 linear feet of
sewer line on the north side of the road near the Cottages. Taking those into consideration, he told Jeff Frieberg to
design the water line on the south side road. They have designed it for the south side of the road which has been
approved by DEQ, the City of Ammon, and Bonneville County. I.T. is currently out to bid. There is an issue of
where the water and sewer line cross, but it is not an unusual circumstance. He talked with Troy from RMES today
and if they go to a minimum slope, which is acceptable, we should have over 2 feet of vertical clearance between the
water and sewer line where they cross near the railroad tracks.
Lance talked about the issue of having the sewer line closer to the canal. If they install the plastic pipe
correctly, the infiltration will be very minor. Most of the power lines are far enough off the side of the road that they
won’t impact it. He explained they have also talked with Troy about holding off the chip seal that is part of the
water line project, until such time, as they have their portion torn up, patched and chip sealed. In his opinion, they
never moved their sewer line from one side of the road to the other.
Scott Tallman feels they have legitimate issues down there and does not feel the coordination has been
there. They have agreed to supply a substantial amount of money to the City to approve that stuff; they feel they are
not getting the coordination they should. There are three main issues they have. Councilmember Kirkham
suggested that we put them on the work session in May.
ACTION ITEMS
:
1. Conditional Use Permit Renewal – Liberty Square:
Planning Director Ron Folsom explained where the
property was located and that Liberty Square was granted a Conditional Use Permit for a beauty salon facility for a
two year time frame. He interviewed the manager and they are following the conditions with no complaints filed
against them. He would recommend renewing it.
Tom Hunsaker, Planning and Zoning, stated we have another C.U.P. there for a physical therapy office and
we allowed them to have some directional signage. We should give the hair salon the same benefits at their renewal,
if they want it. Ron stated they did not request it. Most of their clientele comes from within Liberty Square.
Councilmember Kirkham motioned to approve the Conditional Use Permit for Liberty Square for 2 years.
Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes,
Councilmember Bean – Yes, Councilmember Ellis – Yes, and Councilmember Waite – Yes. The motion passed.
2. Conditional Use Permit – P&Z Hearing #2008-009 – New Beginnings – 2085 Avocet:
Planning Director Ron
Folsom explained where the property is located. It is adjacent to a unit which was granted a C.U.P. a few years back
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to allow them to increase from 8 to 9 residents. We put a condition on it that when the 9 person left it would drop
back down to 8. Ron explained at the P&Z meeting, the only one to testify was the manager. P&Z recommended
approval with a 3 year renewal.
Councilmember Ellis stated there has been no negative impact by doing this.
Councilmember Powell motioned to approve the Conditional Use Permit for New Beginnings, 2085
Avocet. Councilmember Kirkham seconded. Roll call vote: Councilmember Powell – Yes, Councilmember
Kirkham – Yes, Councilmember Waite – Yes, Councilmember Ellis – Yes, and Councilmember Bean – Yes. The
motion passed.
3. Conditional Use Permit – P&Z Hearing #2008-010 – Sweetwater Lane – Church in R1-A:
Planning
Director Ron Folsom explained where the property is located and the dynamics of the property. P&Z unanimously
recommended approval.
Tom Hunsaker, P&Z, stated the property was originally 1.3 acres and now it is just above 1 acre. The
church representative feels they have enough room. There is only one congregation for now. Councilmember Ellis
commented he would like to see this platted.
Councilmember Bean motioned to approve the Conditional Use Permit #2008-010 for Sweetwater Lane for
a Church in R1-A with the condition that the property is platted. Councilmember Kirkham seconded. Roll call vote:
Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Ellis
– Yes, and Councilmember Waite – Yes. The motion passed.
4. Final Plat & Development Agreement – Oak Ridge Division 2:
Planning Director Ron Folsom explained
where the property is located. He discussed the original request and recommendations Council has made. Ron
talked that lot 16 was zoned HC-1 and during the work session, the council agreed to look at allowing the R1
property to be part of the landscaping and parking lot for the HC-1 development. There are two accesses into the
property. P&Z recommended approval unanimously.
City Council Minutes 04/17/2008 -- 3
Councilmember Kirkham motioned to approve the Final Plat for Oak Ridge Division 2 subject to final
technical review of the City Engineer. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham
– Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Ellis – Yes, and
Councilmember Bean – Yes. The motion passed.
Ron Folsom talked about the development agreement and talked in particular about SC1. Councilmember
Bean motioned to approve the Development Agreement for Oak Ridge Division 2 subject to final technical review
from the City Engineer. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes,
Councilmember Waite – Yes, Councilmember Ellis – Yes, Councilmember Kirkham – Yes, and Councilmember
Powell – Yes. The motion passed.
5. Final Plat, Site Plan and Development Agreement – River Bend Manor:
Planning Director Ron Folsom
explained where the property is located and the final plat. It is zoned R2 and will help extend Curlew and John
Adams. He talked that in the development agreement the developers agreed to deed us Lot 7 and we will deed him
back Lot 5, so that he can use it in conjunction with Lot 4 for green space. Our water tank will be located on Lots 7
& 6.
Councilmember Bean motioned to approve the Final Plat for River Bend Manor subject to final technical
review of the City Engineer. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes,
Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, and Councilmember
Powell – Yes. The motion passed.
Councilmember Kirkham motioned to approve the development agreement for River Bend Manor.
Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes,
Councilmember Bean – Yes, Councilmember Powell – Yes, and Councilmember Ellis – Yes. The motion passed.
Ron explained they reviewed the Site Plan in the work session. They have made the adjustments on Lot 8.
Councilmember Powell inquired concerning the lighting in the parking area. There are exterior lights.
Councilmember Waite motioned to approve the Site Plan for River Bend Manor subject to final technical
review of the City Engineer. Councilmember Powell seconded. Roll call vote: Councilmember Waite – Yes,
Councilmember Powell - Yes, Councilmember Ellis – Yes, Councilmember Bean – Yes, and Councilmember
Kirkham – Yes. The motion passed.
6. Preliminary & Final Plat – Maverik Sunnyside Road:
Planning Director Ron Folsom explained where the
property is located.
Lance Bates stated he has reviewed both the Preliminary and the Final Plat. In staff review they discussed
that some point in the future this intersection will be requiring a signal light and it makes sense to bring up the topic
now with the developer. Their portion will need to be added. It was discussed the intersection will need to be
widened. We are widening one side with curb, gutter and sidewalk that will accommodate 5 lanes in the future. It is
the same size as the other Maverik.
Councilmember Ellis inquired about buffers. Ron explained this piece of property is small and does not
require any buffer. Lance stated we will have to make allowances for easements where the sewer lines come out of
this property and the water line loops around the property.
Alan Cunningham, 1020 Lincoln Road, stated the construction date should be late summer. They will work
with Lance on widening the road. They are adding their half of the road and it is 35 feet from the center line to the
back curb. It is close to the existing asphalt but it is 2 feet further than it is now. They are dedicating 57 feet of right
of way.
Councilmember Ellis inquired how we are handling drainage. Lance explained there is quite a bit of
drainage out in front. Scott inquired about deep swales and French drains. Alan explained this is approximately 3
feet deep and the road is higher than the existing ground. It will have a swale with 3 French drains in the bottom of
it, but not as deep. Alan explained we are trying to accommodate 1.3” of rain. He discussed the one by Hillcrest
High School. Different types of drainage methods were discussed.
Councilmember Kirkham talked about having more French drains, but no ditch. Alan stated they like the
volume they have. They feel this is a good balance but he will work on it.
Councilmember Bean talked about the traffic signal. He would like to accommodate the mechanical
equipment on Maverik’s side. Lance and Alan can work to get more right of way to fit a mechanical box. Alan
talked with the Maverik owners and they are okay with providing more area for the switchbox, but they would like
not to impede the landscaping or push it back. Mayor Ard does not see a problem with that.
Councilmember Bean talked about the warrants for signalization at this intersection. He does not think we
need a traffic study and would like to see what the developer will contribute. It was discussed a signal costs about
$275,000 or more. The council asked the developer to escrow $100,000 with us, prior to the building permit being
issued. Lance inquired about the time frame of when it is escrowed. It was discussed to do it at the Final Plat.
Scott inquired about the Maverik on Lincoln and that there was a turning lane put in. Do we need to do this
here? That location had a power lane and they needed to move around it.
City Council Minutes 04/17/2008 -- 4
Bill Manwill, 2700 E Lincoln Road, stated what you have on Lincoln Road is a mandatory right turn.
There is only one lane going north to south through that intersection. Mayor Ard inquired about the right of way for
5 lanes on the south side of that intersection. It is already constructed. It was discussed whether we want a right
turn lane going east.
Councilmember Bean inquired about the north east side and if we have the right of way. It was discussed
we do not and whether or not there is enough room to put one on the south west side. Alan commented the
intersection will have to be retrofitted to accommodate what they want to do.
Councilmember Bean inquired about how wide the road is and if it is as wide as Ammon Road. It is close.
Bill Manwill commented the only concession is the radius is smaller on Lenus’s corner. Councilmember Bean
inquired as to how much room we need on the property to fit a mast.
Councilmember Bean inquired what it would entail to put a round-a-bout there. Alan stated you would
have to move the whole intersection north and even a little east and it will be off centered.
Scott inquired about passing the cost to Maverik because they are the reason for the light. Alan commented
that Maverik is not there yet, but the traffic study is warranting a light now. He doesn’t think Maverik is the reason
for the light. Lance commented he would get a hold of a traffic engineer from ITD and ask them some questions
and have them present some installations that may work at this location. Alan commented that he feels Maverik
itself is not warranting a traffic light. He would like them to be sensitive to that. Maverik wants to pay their fair
share, but they feel it is probably 25%. Scott disagreed; he feels the entire intersection changed due to this
development. Alan commented the intersection becomes enhanced. Alan feels Maverik will not bring more traffic.
Councilmember Kirkham commented about the traffic light by Wal-Mart. Councilmember Powell commented that
it is fair that Maverik pays their fair share. It could cause more accidents and be more traffic closer to a 4way stop.
Bill Manwill commented about the round-a-bout on Lincoln Road and it has more traffic than this
intersection. He talked about the signal and where to place the masts. He thinks you can place them closer to the
center of the road.
Tom Hunsaker, P&Z, inquired if Maverik is planning to put grass on the swales. Alan commented that
they are. Tom feels there is enough room at Speedi-Mart to put a pole. Councilmember Bean commented the
question is if it takes up your sidewalk. Tom inquired how close the pole can be to the building.
Councilmember Ellis inquired if we can take all the commercial property on the 4 corners and form a LID.
It was discussed we maybe could. Councilmember Bean inquired if we could put two masts on the property. Lance
stated he would ask the engineers at ITD.
Alan commented that Maverick wants to pay their fair share but don’t want to pay $400,000. They would
like to see what the signal light would cost and maybe work on it in a work session. They need to evaluate their
costs for budgeting purposes. Alan inquired if they could approve part of it. Council discussed they do not think
they can. Maverik wants to keep the project moving. Councilmember Bean inquired if Maverik would be willing to
put up $125,000. Councilmember Bean talked about diagonal signalization. Alan does not think they could go
$125,000, but they would need to evaluate their costs. The right hand turn lane at the other site was about $200,000.
Councilmember Kirkham motioned to table Item 6 & 7 to move to a work session for review.
Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes,
Councilmember Bean – Yes, Councilmember Ellis – yes, and Councilmember Waite – Yes. The motion passed.
7. Site Plan – Maverik Sunnyside Road:
This item was tabled, see above discussion.
8. Annexation & Preliminary Plat – P&Z Hearing #2008-013 – Quail Ridge Phase II:
Planning Director Ron
Folsom explained where the property is located.
Lance Bates commented there are some road layout issues. He has talked with Troy from RMES.
Councilmember Kirkham commented to talk about annexation first. They are requesting a RP zone.
Councilmember Ellis inquired if we have the ability to get services there. Councilmember Kirkham stated no,
however, it depends on the well like the other developments in that area.
Tom Hunsaker, Planning & Zoning, stated most of it is not in the impact area. There might be a problem
with the Idaho Falls service agreement until we switch to the Regional. P&Z did recommend approval.
Councilmember Kirkham asked when we annex are we saying we are capable of providing services. Ron
explained that traditionally when we access, we are saying is we are “willing” to provide service. Councilmember
Powell inquired about the brush and if we cover that area with fire service. Stacy Hyde, 4125 E Wanda, stated he
has secured a heavy brush truck from the Department of Lands and it should be in operation within the next month
and it has an 800 gallon capacity. Councilmember Powell inquired if they would be okay covering an additional 98
acres. Stacy said yes.
Councilmember Powell motioned to approve annexation based on the P&Z Hearing #2008-013, Quail
Ridge Phase II, with the RP zone. Councilmember Ellis seconded. Roll call vote: Councilmember Powell – Yes,
Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember
Kirkham – Yes. The motion passed.
City Council Minutes 04/17/2008 -- 5
Ron Folsom explained and presented the Preliminary Plat for Quail Ridge Phase II to Council. Lance
Bates talked about a road labeled “Foothill Drive” and it is a north/south minor collector. Will it eventually dead
end in a cul-de-sac which doesn’t make sense?
Lance talked about water line looping. It may be something that cannot be done right now.
Councilmember Bean inquired about how Foothill connects. Lance stated he talked to Troy about that and it does
not have a method of connecting the two roads.
Troy Burnett, 1550 Midway, stated previously it went through P&Z which showed a connection into
Foothill Road. There are some issues with property that is not totally under the control of the developer. This is a
10 acre parcel that sits in the corner and connects with Foothill Road. They left the lower portion out of this
preliminary plat so that those issues could be resolved. They went far enough to the east, so that they have enough
room to be able to adjust the streets to tie in there. Troy explained how other roads tie in near Hawk’s Landing.
Councilmember Bean inquired how many accesses they have onto Sunnyside. Troy stated there are three.
Councilmember Bean inquired how many lots. It was discussed there are 151. Troy explained the total piece that
includes the Davenport/Johnson property is 196. Councilmember Powell inquired if we calculated all of this for the
sewer portion. Lance explained this was supposed to be part of the calculation he did. Troy explained the developer
is also part of the sewer expansion along Sunnyside Road.
Councilmember Powell inquired if any parks are planned for this acreage. There are not. Troy discussed
there are about seven different scenarios that can happen dependent upon the Davenport piece. Troy explained that
if Davenport decided they don’t want to do anything, then Foothill Road will not connect over to Sunnyside and
there is nothing they can do about that.
Councilmember Bean inquired how we get the water all the way up there. Troy explained it will come
through Hawk’s Landing and across to tie into it. Lance explained they would have to extend it if it comes in before
the subsequent phases of Hawk’s Landing. Troy commented on the looped water and dead end water mains. He is
not sure there have been that many cases of illness caused by stagnant water. Troy explained the water will not be
stagnant and dead end lines will not have as much flow.
Councilmember Kirkham stated they consider health and safety of the residents first and foremost. Troy
commented we should look into seeing if there have been illnesses from dead end water lines. Councilmember
Kirkham commented on boiling orders. Troy commented the majority will be looped except on the cul-de-sacs.
Councilmember Bean inquired to Lance if we dead end on every cul-de-sac. Lance commented that is something
they would like to change. Mayor Ard stated yes they all dead end.
Tom Hunsaker explained there are a couple of drainage areas in the proposal which are the closest things to
parks in this division. There is a request for a memorial that the developer will have to work out separately.
Troy Burnett commented that the water looping would be an up front added cost to the developer. There
will be long-term maintenance costs for the City. He is not trying to protect just the developer, but also the City.
Councilmember Bean inquired where the normal looping system is. Lance stated if we had a water line in
Foothill Drive then it would make sense to bring it through. Lance explained it will not help this development, but it
will help Hawk’s Landing. He discussed the phases in the project. There is no way to do it with this phase. Troy
explained they are currently master planning an additional portion of what would be Founder’s Point that would
eventually come around in the water master plan done by Schiess and come over and tie into Sunnyside which
would be the main loop.
Councilmember Kirkham inquired again about the parks. Ron explained there is retention on the area.
Councilmember Kirkham stated they are trying to increase park land. Councilmember Kirkham commented about
securing a lot for a fire station near here. We could service the area better off Sunnyside.
Councilmember Ellis inquired about the lot size and the irrigation restrictions and whether it needs
secondary irrigation. Lance stated according to state law, if a residence has its own well, they can only irrigate half
an acre.
Councilmember Kirkham stated she is not sure we are ready to approve this tonight due to issues.
Councilmember Powell inquired what the major road will be to supply these developments. Sunnyside
would be.
Councilmember Bean stated he has a difficult time approving a plat with the anticipation of something
happening, but not knowing. We probably should have the rest of it platted. Troy Burnett stated that would have to
be done by Davenport and Johnson. They do not have control of that land.
Councilmember Bean commented he does not see how we can approve a plat with a dead end road. He
feels we need to have a plan if Davenport doesn’t happen. Troy commented that is part of the reason they put it up
to the east so that when the issue is resolved one way or the other, they will be able to tie into Foothill Road. They
just do not know if the road will come through Davenport. Councilmember Bean commented he feels they should
plat it coming back into Hawk’s Landing property and if we need to change it, then we do. He explained they
amend plats all the time. It gives the City the knowledge that they have the road system there and are not just dead
ending it. Troy commented about a lot of situations where you stub a road to the property line. Councilmember
City Council Minutes 04/17/2008 -- 6
Bean stated he agrees, but it is designed to go through when the next people come in. He has no idea whether
Davenport will go through. Troy stated there all additional costs that will be incurred. Councilmember Bean
suggested tabling it for a couple of months and to see what happens.
Scott Tallman, 5308 Cabana, stated the reason that they are pushing is due to the loan because it needs to
get entitled. They are trying to push it on their financing end.
Councilmember Bean commented that we don’t dead end in your own property. He understands it will
cost additional money. Mayor Ard commented about seeing a design. Scott inquired if they would like to see it
both ways, with Davenport and without. Councilmember Ellis stated they would like to see a preliminary plat of
what they would do if they do not get that property. Ron stated we would require that they punch into property
probably on two sides. Scott stated they do understand that.
Tom Hunsaker stated the National Recreation and Parks Association states 6.25 – 10.5 acres of parkland
per 1000 residents. He explained at the typical 3 occupants per home that would mean 2.8 – 2.7 acres needed in this
area. We probably have that if it is useable land.
Bill Manwill, 2700 Lincoln Road, stated they have backed off away from the Davenport’s because it still
leaves the Davenport and Johnson’s some flexibility there. If they plat right up to it, they have no choice and their
property is planned for them. He commented about Eucher Valley and that Sunnyside will not handle it and we
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looked at a connection to Foothill Road to get it over to 21 Street to help disperse traffic.
Councilmember Bean asked Lance about a lot with deep slopes. It has about a 600 foot drop. He doesn’t
think it could be used as a park.
Councilmember Kirkham motioned to table the issue for a work session. Councilmember Powell
seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean –
Yes, Councilmember Waite – Yes, and Councilmember Ellis – Yes. The motion passed.
9. Ammon Fire Station Remodeling – Contractor Bid Results & Authorize Open Contracting:
Stacy
explained when they put this on the docket for the meeting tonight; they were hoping they would have a prospective
winning bid. Friday was the deadline and no bids were submitted. They opened the bid process and stated no bids
were submitted and closed the bid process. They used Leslie and Lance’s knowledge of the State Code, since no
bids were accepted; the next plan of action is they can do what they need to complete the project. They do not have
take formal bids at this point. Stacy explained Rigby has a fire station program where they offer up to 80% off all
materials. Two of the contractors did not like that they could not make money off the materials. The contractor cost
will be about $30-40,000 and it has to be a public works contractor. It was requested Stacy talk to George who
remodeled our basement. Stacy feels we can save money this way. Councilmember Ellis stated the trouble with that
is you don’t have someone to pin liability on if something goes wrong. Councilmember Kirkham commented it is in
our best interest to have a general contractor. We should negotiate for a total contract.
Councilmember Ellis motioned due to the fact that no bids were submitted, to authorize Stacy to negotiate a
contract for Ammon Fire Station Remodeling. Councilmember Waite seconded. Roll call vote: Councilmember
Ellis – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Kirkham – Yes, and
Councilmember Powell – Yes. The motion passed.
Stacy inquired if once he narrows it down does he bring it back to Council? Council said yes.
10. Well House #10 Bid:
This issue was discussed at the work session. Mayor Ard explained Harris does not want
us to exercise against the bond, so we gave him the option of cash to save his bond rating. Lance explained he was
told about this meeting tonight and was given the opportunity to show up to explain his point of view, if he so
desired. Scott stated we gave a notice of award to the other bid.
Scott read from the statute. He recommended that they make a decision and determine whether you want to
affirm your prior award, modify it, choose to rebid and set forth the reasons why you are doing it as you deem it as
best interest to the public.
Councilmember Ellis commented he protested the award so we have to reaffirm or modify it.
Councilmember Powell inquired about any legal action down the road. We need to reaffirm the award. Scott stated
you can give him the option of giving a cashier’s check or certified funds as opposed to bid bonds so you don’t
exercise on his bond, it does not make a difference to us because we apply this against the difference on the contract.
Council discussed they felt they made the correct decision. It was only after the meeting we found out that
he indicated if he knew we were going to exercise the bid bond, he would have done the work.
Councilmember Bean inquired if there is any compelling reason to change our decision.
Councilmember Ellis motioned to reaffirm our decision to award the contract to Vern Clark & Sons.
Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion
passed.
Councilmember Ellis motioned to exercise bond or give Harris Construction the option of providing cash or
certified funds in lieu of the bond within 30 days. It was discussed Scott will send a letter to Mr. Stevens.
Councilmember Waite seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Waite – Yes,
City Council Minutes 04/17/2008 -- 7
Councilmember Bean – Yes, Councilmember Kirkham – Yes, and Councilmember Powell – Yes. The motion
passed.
Lance stated he will get a hold of Jerad Bragg tomorrow and let him know what happened and that Scott
will be sending a letter. Councilmember Powell commented to put in the letter that we gave him ample opportunity
to be here and that we have been fair and equitable.
11. Code Changes:
Planning Director Ron Folsom explained the code changes. They changed the following
codes: 6-2-1 (f) (g), 4-9-7 (c) (d), 4-9-15 (f), Chapter 12 under massage therapists, 6 (e). Councilmember Powell
talked about massage parlors in Boise and that the ordinance covers everything. Ron talked about the kennel
ordinances. Ron talked about Title 6, Chapter 2. Councilmember Kirkham inquired about the snake fireworks – 6-
1-2 (f). Stacy stated he doesn’t think they will be able to enforce it. Councilmember Kirkham commented that it
may be over the top. Ron explained in the Safe & Sane section it covers which are legal and which are not. Stacy
stated they are trying to emulate Idaho Falls code. The sparklers were also discussed. It was discussed to strike
snakes out and add length to the sparklers. Leslie stated you will need to strike it out of the Safe & Sane section
also. It was discussed to change those sections (c) (d). Councilmember Bean inquired where it talks about where
you can discharge the fireworks. It is under liabilities – 6-22-4 on page 12. Councilmember Bean inquired where it
says it is permitted. There are penalties and injunctions. It is designed to cover sales not use. Councilmember Bean
commented he thinks we need something in here to be able to assess liability to someone who starts a fire. Leslie
inquired if the State has strict requirements already. Ron stated they do. Councilmember Bean stated we could put
a sentence in saying anything classified as aerial or non-common or not safe & sane is considered a misdemeanor.
Tom Hunsaker talked about fruit stands and mentioned vegetables. It was discussed to add vegetables.
Ron will make the changes discussed above.
12. Ordinance #451 Code Changes:
Councilmember Powell read Ordinance #451,
AN ORDINANCE OF THE CITY OF
AMMON, OF THE STATE OF IDAHO, AMENDING TITLES 4, 5, AND 6 OF THE CITY OF AMMON, AMENDING TITLE 4 CHAPTER
9 ADDING NEW SECTION 4-9-7-(G), REPEALING AND READOPTING SECTION 4-9-15; AMENDING CHAPTER 12, SECTION 4-12-
2-(B) AND (E); AMENDING TITLE 5, CHAPTER 4, SECTION 5-4-13; REPEALING TITLE 6, CHAPTER 2, FIREWORKS AND
ADOPTING NEW CHAPTER 2, FIREWORKS, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND
Councilmember Powell motioned that the City Council dispense with the rule
PROVIDING AN EFFECTIVE DATE.
requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember
Ellis seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember Waite –
Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed.
Councilmember Powell read Ordinance #451,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, AMENDING TITLES 4, 5, AND 6 OF THE CITY OF AMMON, AMENDING TITLE 4 CHAPTER 9 ADDING NEW SECTION 4-
9-7-(G), REPEALING AND READOPTING SECTION 4-9-15; AMENDING CHAPTER 12, SECTION 4-12-2-(B) AND (E); AMENDING
TITLE 5, CHAPTER 4, SECTION 5-4-13; REPEALING TITLE 6, CHAPTER 2, FIREWORKS AND ADOPTING NEW CHAPTER 2,
FIREWORKS, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE
Councilmember Powell motioned to adopt Ordinance #451 as amended as an ordinance of the City of
.
DATE
Ammon on this third and final reading. Councilmember Kirkham seconded. Roll call vote: Councilmember Powell
– Yes, Councilmember Kirkham – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, and
Councilmember Bean – Yes. The motion passed.
13. Concession Stand Agreement McCowin Park – Robert & Rebecca Walker: Leslie stated they have the
contract done for McCowin Park and they are ready to go. The one on Eagle’s Homestead does not know if he is
going to do it because he thinks it is too expensive. He wants to know if Council will negotiate, she told him it is
not negotiable. Scott reviewed the agreement and Leslie explained the changes she made.
Councilmember Powell motioned to accept the Concession Stand Agreement for McCowin Park by Robert
and Rebecca Walker. Councilmember Kirkham seconded. Roll call vote: Councilmember Powell – Yes,
Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember
Ellis – Yes. The motion passed.
DISCUSSION ITEMS
:
1. Misc.:
Lance Bates talked about last summer that Well #8 has some problems overheating and it had been put
off making improvements until this summer. He would like to know what he can do to get it accomplished. Mayor
Ard stated they were told they needed a different air conditioner and then heard a different story of what was
needed, so he is not sure what exactly is needed to fix it. It was discussed the panel was supposed to have a cooling
component. It has a chip to let us know when it goes down. Lance will look into what can be done and come back
with a plan.
Scott inquired about water rationing and if we are doing the same thing this year. Mayor Ard thinks we
don’t have a choice that we need to do it. He thinks this year we should do some enforcement we didn’t do last
City Council Minutes 04/17/2008 -- 8
year. It should be an ordinance or resolution, if we did not have one. Mayor Ard requested to have Sunday be an
open watering day. Council wants it as an action item next meeting
Leslie talked about the parks and if we should exempt them. She explained in order to let the parks get
watered; it needs more than 24 hours. It was discussed to make them exempt and to put that the parks are
programmed so they do not exceed watering requirements. Scott talked that the City building wasn’t in compliance
last year.
Lance talked about the bill from Bonneville/Jefferson Ground Water District for $9690. They have gone
through mitigation in the Magic Valley area. We were given the ultimatum as he understands, from the IDWR
unless we were part of a ground water district. He explained we signed up for it last November; we ended up paying
a bill for a little over $6000. He is told it is more this year due to ongoing litigation. They are hoping it will go
down next year. Lance stated he is not sure we have benefited from this other than we were not part of a list that
may or may not have been curtailed last year. Lance inquired if we still want to be a part of it. Councilmember
Bean suggested a call to Robert Harris relative to his thoughts if he thinks we need to belong to this or not. Lance
explained Dane Watkins, who is president of the Bonneville/Jefferson Ground Water District, said they represent
most everyone in this area – municipalities, tribes and anyone using a groundwater well. There should a board of
directors and receive notification of meetings. Councilmember Bean wondered if we would be out of line to request
a copy of the financial reports. Scott stated no and suggested to have Watkins or someone come in and explain what
benefits we are receiving. Council agreed. Councilmember Bean requested that Lance ask them to come and
request a copy of their financials. Lance commented that Bruce Rose wrote to them last year and asked for the same
stuff, but they never received it. It was discussed to hold the bill until we hear from them.
Lance Bates talked about Sunnyside utility lines crossing under the railroad; we have a $1500 permit. He
needs authorization to get the Mayor to sign it. We will have to jack and bore underneath them. Mayor Ard
commented they pulled the tracks out. Lance explained we still have to pay a permit.
Lance Bates stated he got the specifications from Pocatello on the garbage trucks. They did take delivery
of two automated garbage trucks that we would be able to piggy back off of if we decide to. The truck would be
$238,720 if we get it exactly like they had theirs. It does not cover retrofitting any of our trucks and does not cover
any containers. It is a Heil bed with a chassis on it. Councilmember Bean recommended moving forward. Lance
explained the canisters would be about $50 a piece and whether we need to put them out to bid. Councilmember
Ellis inquired how much garbage one truck will handle. Lance explained between 700 – 900 dumps per day. With
the individual hand route trucks we currently have, they will do about 350 – 400 dumps per day. We service about
3800-3900 homes. It was discussed we need two trucks and 2000 barrels. Councilmember Ellis commented if we
buy one truck and retrofit one, we should be able to handle everything. Lance stated yes with probably the retrofit
one sitting there most of the time and serve as a backup truck which is a good idea. Council agreed we need two.
Scott suggested we bid the cans first. Lance will check into bidding out the cans. Councilmember Ellis inquired if
we authorize the purchase, when we could take delivery. Lance stated it depends on the schedule, could be 6 – 7
months out. Lance discussed it would have been about $440,000 for the lease with the canisters. 4,000 canisters
would cost us $200,000. Councilmember Powell commented then we are paying more for this piggy back. Lance
explained we could not piggy back with the lease. They are not available now. We would have had to go through a
competitive bid process, and we did not have enough time. Councilmember Bean commented the idea of piggy
back was so we could pick up the Wayne truck that was there. He feels at this point and time we could go out for
bid and see what we get and then piggy back if we can’t find a better price. If we go out to bid, we can specify
retrofitting one truck as well. Scott talked about separate bids so we have the option to choose.
Insurance costs were discussed by Council. Councilmember Ellis commented about earrings, rings in
noses and lips, etc. and deems those as a safety hazard for outside work. He has seen people lose fingers, etc. He
feels we need to really take a look at that.
Tom Hunsaker inquired about the cans and if we sell them. It was discussed we will most likely give them
out due to taxes.
Lance stated he got a call from a company called “IER”. They are supposed to supersaturate sewer lines
and pressure sewer lines with oxygen to reduce the odor. He inquired if they are interested in this guy coming and
doing a presentation about the Woodland Hills lift station. They will take some tests and might be willing to set up a
demonstration pilot program. Councilmember Kirkham commented to have Lance, Councilmember Ellis and the
Mayor check it out. Lance commented it would be about $40,000-50,000 to get installed.
Councilmember Ellis stated he got a call from Leonard Petroleum Equipment out of Boise and said they
have called up to six times a day for two weeks trying to get a hold of the fire department regarding a tank permit
over to Albertsons. Stacy doesn’t think they called that often, but it was taken care of.
Councilmember Bean inquired about a bill from the Department of the Treasury. It is for the tax period
ending 12/31/04. Leslie thinks she knows what it is. She said Lisa told her about a penalty for money we sent into
the State for unclaimed property. Leslie suggested she call them and tell them the reason we did it is because we
just located it, so we sent it into them and wondered if we could get a reprieve from the penalties. She does not
City Council Minutes 04/17/2008 -- 9
know what Lisa has done from this point. Councilmember Bean commented this is Federal, not State. It is tax due
on our tax return, but we do not file a tax return. Scott suggested calling the auditor and having them check it out.
th
Leslie Folsom talked about groundwater and a seminar they are having a meeting on April 30 from 1:30 -
5:00pm. She explained it is informational. She would like to know if anyone plans on attending. The cost is $10.00
per person and will be held at the Red Lion Hotel. Council asked Leslie to email them all and they will check their
schedules and at least get someone there.
Leslie Folsom stated Scott Yargus has requested this room for school meetings and would like to be able to
use our mikes. She told him she didn’t think Council would allow that, but he asked her to ask Council anyway. He
is a contractor and the Council wants him to bring his own equipment.
Leslie asked Scott about the taxes on the dumpsters. She explained the costs we charge now. We need to
push the costs onto those who use them. Ron stated you would have to advertise it if you raise the rates over 5%.
Councilmember Bean doesn’t think that is a good idea. He thinks we should advertise it. It was discussed to add an
additional 6% to them. Leslie stated she can restate the fees. She is really snagged on the apartments. It was
discussed to rent them for a dollar or less or possibly reclassify them. She explained then our rates will be above
other cities, if we raise the rates. She stated she will call the tax board.
Councilmember Kirkham motioned to adjourn to executive session pursuant to Idaho Code 67-
2345(1)(b)(f). Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember
Powell – Yes, Councilmember Ellis – Yes, Councilmember Bean – Yes, and Councilmember Waite – Yes. The
motion passed.
The meeting adjourned at 11:22 p.m.
___________________________________________
C. Bruce Ard, Mayor
______________________________________
Leslie Folsom, City Clerk
City Council Minutes 04/17/2008 -- 10