07162009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JULY 16, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, JULY 16, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Kirkham
Prayer – Councilmember Waite
MINUTES:
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Policy 80-001 – Fire Department Equipment/Devices (Powell)*
2.Resolution 2009-014 – Adopting Fire Department Equipment/Devices (Powell)*
3.
Proposed Title 1, Chapter 11, Section 5 Addition to City Code (Leslie)*
4.
Ord. 478 - Election Signage Requirements (Ron)*
5.Repair Estimate for 1974 Lafrance Fire Truck or Salvage Instructions (Stacy)
DISCUSSION ITEMS:
1.Designer Light Concerns and Lighting District (Jeff Hawks/Scott)*
2.Peterson Park Modification (Brian Allison - constituent)*
3.Update on the Water Improvement Project (Ted)
4.Set Up Forsgren Tour - Eastern Idaho Regional Sewer (Leslie)
5.Memorandum of Understanding - First Street Design (Lance)*
6.Budget 2009-2010 (Bean)*
7.
Misc.
EXECUTIVE SESSION:
1.Idaho Code 67-2345(b & c) Employee Job Performance Evaluations and Potential Land Acquisition (Mayor Ard)*
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham (left 9:05 p.m.)
Councilmember Lee Bean
Councilmember Brian Powell
Councilmember Randy Waite
City Attorney Scott Hall
Administrative Clerk Rachael Eldridge
City Treasurer Jennifer Belfield
City Planning Director Ron Folsom
City Engineer Lance Bates
Council Minutes 7-16-09 Page 1 of 6
City Officials Absent:
Councilmember Rex Thompson
City Clerk Leslie Folsom
Mayor Ard opened the meeting at 7:34 p.m. at the City Office Building located at 2135 South Ammon Road.
Councilmember Kirkham led the Pledge of Allegiance and Councilmember Waite offered a prayer.
MINUTES:
None
ITEMS FROM MAYOR:
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday July 16, 2009
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
A.Landon Farms – Mobile Vendor – 215 N. 4700 E., Rigby, ID. 83442
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B.Five Guys/Burgermeister – Restaurant – 2541 S. 25 E.
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Home Emporium – Showroom – 1568 N. 25 E.
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B.Massage Envy – Massage Establishment – 3047 S. 25 E.
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C.Kohl’s #1086 – Retail Sales – 3175 S. 25 E.
st
D.Turner, Barbara – Daycare Employee/Snake River Montessori – 2970 E. 1 Street
HOME OCCUPATION PERMITS:
1.NEW HOME OCCUPATION PERMITS:
A.The Shuttle Bug – Shuttle Service Management – 310 Red Fox Drive
2.RENEWAL HOME OCCUPATION PERMITS:
A.NP Building Maintenance – Cleaning – 4346 High Desert Dr.
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Duncan, Robert – Bartender/Texas Roadhouse – 2535 S. 25 E.
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B.Lusk, Stephanie – Bartender/T.G.I. Friday’s – 2665 S. 25 E.
MISC: MASSAGE ESTABLISHMENT
1.NEW MASSAGE THERAPIST LICENSE:
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A.Cook, Steven E. – Massage Therapy/Massage Envy – 3047 S. 25 E.
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B.Ricken, Erin Anne - Massage Therapy/Massage Envy – 3047 S. 25 E.
Business License*: Councilmember Kirkham motioned to accept the business license consent agenda
as presented. Councilmember Powell seconded the motion. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Powell – Yes, Councilmember Waite – Yes, and Councilmember Bean – Yes. The motion passed.
Accounts Payable – Exhibit A: Councilmember Bean asked Lance if we pay the full amount to
Rocky Mountain Engineering Services. Lance said yes, and then we are reimbursed 40%. Councilmember Bean
motioned to accept the accounts payable as presented. Councilmember Waite seconded. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes and Councilmember
Kirkham – Yes. The motion passed.
Council Minutes 7-16-09 Page 2 of 6
ITEMS FOR/FROM TREASURER:
Jennifer said the June financials are on Sharepoint and all department
heads have their annual reviews with their councilmember. Jennifer stated she will email the review sheets to
Council. Councilmember Bean asked Jennifer if the reviews haven’t been done close to the budget cycle end.
Councilmember Kirkham said doing it as close to the budget cycle is best because of raises. Jennifer said we do the
review as close to the hire date, but we could do it at the budget cycle end. Councilmember Bean said August would
be best for the budget. Councilmember Kirkham asked for a signature line on the review for the Mayor. Jennifer
will add a signature line for the Mayor.Councilmember Bean said he would like to have a special work session
where each department head can come and present their budget to the Council and justify and substantiate their
budgets and so that Council can ask questions. Jennifer said the public hearing for the preliminary budget is
Thursday August 20, 2009. It has to be published twice in the newspaper before this date and 7 days apart.
Councilmember Bean said he thinks it’s important for the Council to review the budget together with the department
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heads to answer any questions. Jennifer said we can tentatively plan for July 23. Jennifer with follow up with
Leslie and email Councilmember Thompson with the dates.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1. Policy 80-001 – Fire Department Equipment/Devices (Powell)*:
Ron said this was tabled a couple
of weeks ago over concern on the cost of one of the fittings on the source connection. Lance said there is a
contractor that will have them for $140 where the list price is $265. The $140 price is lower than the ones he had
found so he is fine with this price. Ron said that rather than saying all fire hydrants, we changed it to say all
new/replacement fire hydrants, that way it gives us the opportunity as we do it rather than go out and say we have to
spend all this money to get our fire hydrants in compliance. Ron stated the only other change is the bollards, so they
have to collapse to less than 4 inches.
Councilmember Powell motioned to accept Policy 80-001 for Fire Department Equipment/ Devices as
presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember
Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Bean – Yes. The motion passed.
2. Resolution 2009-014 – Adopting Fire Department Equipment/Devices (Powell)*:
Councilmember
Powell motioned to adopt Resolution 2009-014 Adopting Fire Department Equipment/Devices. Councilmember
Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes,
Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion passed.
3. Proposed Title 1, Chapter 11, Section 5 Addition to City Code (Leslie)*:
Ron said we had
some issues with signs and staff was directed to come up with a proposal. The State recommended we come up with
a form for election rules. Signs will be allowed anywhere in the City 60 days prior to the election, however, they
must be removed 15 days after the election. They will also need to be set back 15 feet from the property, which is a
standard. Councilmember Kirkham said you get a 100 signs, you give 15 to a friend, they don’t read about the 15
feet, the sign ends up wherever and we are back deciding what to do. Ron said we have to determine at what point
we enforce, so that’s why the 15 feet behind the properly line. Shawna will be doing the enforcement.
Councilmember Bean asked why you can’t put the signs in the landscape strip. Ron said the State code says you
cannot put signs in the right-of-way. Ron suggested saying 15 feet off from the roadway/asphalt. Councilmember
Kirkham likes this idea, but it is still going to be an issue. Councilmember Kirkham stated she wants it added that
they have to get permission from the homeowner before they place a sign. Ron said he would add this language.
Ron fixed the language to say “sign shall be setback 15 feet from the edge of road asphalt and shall comply with the
clear view at intersecting streets of section 10-5-8 of Ammon City Code”.
Councilmember Kirkham motioned to accept the changes to the proposed Title 1, Chapter 11, Section
5 addition to the City Code, as amended. Councilmember Bean seconded. Roll Call Vote: Councilmember
Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The
motion passed.
Council Minutes 7-16-09 Page 3 of 6
4. Ord. 478 – Election Signage Requirements (Ron)*:
Councilmember Kirkham read Ordinance 478
AN ORDINANCE OF THE CITY OF AMMON, OF THESTATE OF IDAHO, ADOPTING THE CITY CODE TITLE 1, CHAPTER 11,
SECTION 5, ELECTION SIGN REGULATIONS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND
Councilmember Kirkham motioned to recommend that the City Council dispense
PROVIDING AN EFFECTIVE DATE.
with the rule requiring the reading of the ordinance on three different days and that the three readings be waived.
Councilmember Waite seconded the motion. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Waite – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed.
Councilmember Kirkham read Ordinance 478
AN ORDINANCE OF THECITY OF AMMON, OF THE STATE OF
IDAHO, ADOPTING THE CITY CODE TITLE 1, CHAPTER 11, SECTION 5, ELECTION SIGN REGULATIONS; PROVIDING FOR
Councilmember
.
SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE
Kirkham moved the adoption of Ordinance 478 as an ordinance of the City of Ammon on this third and final
reading. Councilmember Waite seconded the motion. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Powell – Yes. The motion passed.
5. Repair Estimate for 1974 Lafrance Fire Truck or Salvage Instructions (Stacy):
Councilmember
Powell made the motion to table the Repair Estimate for the 1974 Lafrance Fire Truck or Salvage instruction item
due to Stacy’s absence. Councilmember Waite seconded. Roll Call Vote: Councilmember Powell – Yes,
Councilmember Waite – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion
passed.
DISCUSSION ITEMS:
1. Designer Light Concerns and Lighting District (Jeff Hawks/Scott)*:
Jeff Hawks, Hawks Landing,
6484 E Sunnyside Rd. presented a summary regarding the lights and the post-installation of his designer lights at
Hawks Landing. He stated he is not against a lighting district but he felt they had permission to install designer
lights.
Councilmember Bean asked to be updated regarding the designer lights and the lighting district. Scott said
the topic came up quite awhile ago when there was a discussion regarding lights going in at Hawk’s Landing
concerning how do we pay for them and who is going to maintain them. Do we want the homeowners association
(HOA) to maintain the lights, keeping them running and replacing when they burn out, or do you want to do what
they have been doing throughout Bonneville County, which is putting in a lighting district by subdivision. The City
Council establishes the lighting district, which then becomes a taxing entity. It is then a self-funded district for
street lights and we aren’t dependent on a HOA. Councilmember Bean asked if the City maintains the lights. Scott
said no, Rocky Mountain Power maintains it. The power company takes care of everything; we tax it from the
people benefitting from the lights, Rocky Mountain Power bills us, and we pay for it out of that tax. Jeff has 8 lights
that are not on Rocky Mountain’s approved list. Councilmember Kirkham said this won’t be the only subdivision in
this predicament. Scott said the amount Rocky Mountain can charge is regulated by the Public Utilities
Commission. Ron said the charge depends on the light they choose. If they stay with 100 watt decorative lumen, it
is $31 a month times 8 divided by the homeowners in the District for them to maintain and light. With the 8 lights it
came out to $65 per year.
Per Ron, this is really a LID which allows the City a right to add a charge for an administrative fee.
Councilmember Kirkham said if we end up with 75 lighting districts and where you can’t comingle funds, does that
mean we have to have 75 separate checking accounts. Scott said you don’t have to have separate account but
separate line items. The standard is set by Rocky Mountain Power. The contract is between the District and Rocky
Mountain Power and the City maintains the District. Jeff said Rocky Mountain Power would not maintain the
lights installed in Phase 1, even though, they are very close to what Rocky Mountain Power requires. Scott asked
what the salvage value of the lights is. Jeff said he didn’t know if there a demand for recycled street lights. Council
gave Ron direction to see if there is some way to form the District.
Jeff stated that their will-serve letter allows them to pull building permits within 45 days of
substantial completion of the sewer and water and wants to know, if they are within these perimeters. Jeff said they
have three pre-sales and will hopefully come in for these this month. Jeff attached a letter stating they are formerly
requesting the inspection and acceptance of the required improvements. He asked Lance if there was anything
formal he needed to do, regarding his landscape installation. Lance said to make sure we know where the water
meters are going to be installed and get those in.
Council Minutes 7-16-09 Page 4 of 6
2. Peterson Park Modification (Brian Allison - constituent)*:
Mr. Allison was out of town. Ken
stated the Peterson Park modification came about because of discussions 2 years ago regarding parking, playground
equipment, shade, parking, etc. There are safety and ADA issues, as well as, parking. This modification will give
us 50 parking spots with playground equipment that will be ADA approved. This modification was presented to the
council 18 months ago and we have received a grant for this project. Councilmember Kirkham stated this was
mainly to help make the park ADA accessible. Ken stated yes and the safety issues with the parking. Due to its size
this is a community park, not just a neighborhood park due to the size.
Gladys Merrill, 3730 Samuel said she feels Peterson is nicely kept and she appreciates it. She is upset
about the removal of the shade trees for more parking. It has been used more now, since the walking path was put
in. She feels the safety issue is not the roundabout, but people driving too fast.
Donna Kindler, 3745 Samuel stated it was originally put in as a turnaround for the dead end of Samuel.
They have a problem with teenagers going, as fast as they can, around the roundabout. She asked if they are going
to be planting trees. Councilmember Kirkham asked if the fear is that more people will be accessing the park. Mrs.
Kindler said no, they are having problems with teenagers, drugs, vandalism etc. She would like to see some speed
bumps installed. Councilmember Powell asked if they would rather there not be any parking on Samuel. Ms.
Kindler stated the biggest problem with the parking is during baseball season and then it’s fine. Councilmember
Powell said do you want the roundabout to stay the same or do you want that gone too? She said no she wants the
roundabout to stay. Councilmember Powell said so you want us to move the path. Councilmember Kirkham asked
if we move the path, will you be okay with the parking lot. She said no, they are used to the baseball season and the
traffic. Councilmember Kirkham said they see this as an improvement and the speed of the traffic is a separate
issue. Councilmember Bean asked if they have people parking in front of their homes, do they have a problem with
it. She said no, she doesn’t have a problem with them parking in front of her home. They could live with a smaller
parking lot, if we move the walking path. Councilmember Bean said he feels we can come to a compromise and
meet everyone’s needs. Councilmember Powell asked Ken how many spaces are in the parking lot that comes off of
Ross. Ken said probably 30. Ken said this is much safer than people being crammed into the roundabout.
Mark Killian, 3250 Ross said half the parking on the other side is vacant and speed bumps are needed. .
Councilmember Bean said from testimony given, the parking lot is not the problem, the fences are. All those
testifying agreed the fences were a problem in one area, and local landscaping in another, but in all cases the
walking path was too close to the edge of the park for pedestrians and drivers to see each other. A pedestrian
crossing sign was also obscured. Ken said he has 20 feet from the edge of the park to the parking lot pavement, and
he can move the walking path and the sign. Councilmember Bean said he doesn’t see the real problem, in his
opinion; they are using that reason to not want the parking lot. Ron said the problem with a speed bump is you can’t
plow the area.
Guy Andrews, 3195 Dal Ave said he shares a lot of the same feelings as his neighbors do. He grew up
around the park and he commends the Parks Director for his work to make it safe. He has never seen a painted
crosswalk in that area of the park and wanted to know why. Lance said a crosswalk is designated as a very specific
thing which is normally associated with a school and has to be traffic justified. This location will never be able to be
designated as a crosswalk area. Councilmember Kirkham said we could have it striped and have children playing
signs. Mayor Ard said this area doesn’t have even 10% of the traffic that McCowin Park does and we cross 3 streets
over there. Ken will get with Brian Allison to see if they can come to some working solution.
3. Update on the Water Improvement Project (Ted):
Ted Hendricks, 941 Larch Drive, Rexburg, ID.
presented an overview of the water project. There is $1.3 million left in the construction fund. This is updated
monthly and Jennifer usually has a copy of this document. Councilmember Powell asked if a date has been
submitted. Ted said those dates are pay requests. Councilmember Bean asked if we have included any figuring of
new utility rates for our water. Ted said no, it just shows the expenditure of the $15 million bond and the obligation
you have to date. Councilmember Bean said we should be paying the interest as we go. Ted said he agrees and that
is why he wants us to raise our rates, so we could pay the interest expense from our user rates. Councilmember
Bean said he doesn’t want to pay interest on top of interest. Councilmember Powell asked Ted what our interest rate
is on the bond. Ted said 3% for water and 2% for sewer. Ted said they recommended, some time ago, we start
paying our interest expense with our user rates. Ted said we can include the interest expense as a cost into the
project, but he recommends we use our rates to cover it. Councilmember Bean asked if this was a 30 year bond.
Ted said it’s a 20 year bond. Councilmember Bean said we have to raise our rates sufficient to service the debt to
the tune of $1.2 million. Ted said the City should be there by the next fiscal year and we need our rates covering
that. Councilmember Bean said the biggest disparity is between homeowners with smaller lots and those with larger
Council Minutes 7-16-09 Page 5 of 6
lots and how do you determine a rate. Ted said metering. The challenge with a non-metered system is coming up
with a fair and equitable rate. The advantages with meters are it creates the fair and equitable billing system and it
helps conserve resources. On a national average, metered communities use about 1/3 less water.
Councilmember Bean asked Lance about Well 10. Lance said the holdup is with the pump guy. He
is not answering phone calls, pipes are not done, the pump has not been bumped, DEQ has authorized him to put in a
spool, and he is waiting on a flow meter. Per Council Lance will write a letter to Pump Tech informing them they
will be penalized, based upon the contract, if they fail to meet the end of the month deadline, with a courtesy copy to
Council, the Mayor and Scott. Scott asked Lance to send it certified and regular mail and have Shawna serve them a
copy.
4. Set Up Forsgren Tour - Eastern Idaho Regional Sewer (Leslie):
Lance said there is not a date set
yet, but we need a commitment date when the Council would like to go. Councilmember Bean said he has seen
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enough that he probably isn’t interested in going. Mayor Ard said he will be out of town the week of the 3 but he
would let Lance know when he can go. Councilmember Powell said yes he would like to attend. Councilmember
Waite would also like to attend. Councilmember Powell suggested setting a date and if they are able to attend they
will be there. Ray Ellis requested having an open house for the constituents. Council felt this was a good idea.
5. Memorandum of Understanding - First Street Design (Lance)*:
Lance said he has received
comments back from Councilmember Bean. He is at the point that he needs to get it to the County to let them look
at and give the City comments. Mayor Ard said to send it. Lance will get with Kevin, so he can get it to his
Commissioners.
6. Budget 2009-2010 (Bean)*:
This was discussed with the Items from the Treasurer.
7. Misc.:
Rachael informed the Council for Leslie that Forsgren is sponsoring a golf tournament for
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their clients on August 14, if any of the Council would like to attend. Lance said they would like information, as
soon as possible, for scheduling if they are interested in attending.
EXECUTIVE SESSION:
1. Idaho Code 67-2345(b & c) Employee Job Performance Evaluations and Potential Land
Acquisition (Mayor Ard)*:
Councilmember Bean stated that he wants to table the executive session (b), however,
per Scott item (c) does need to be discussed.
Councilmember Bean moved to enter executive session pursuant to provision of Idaho Code 67-2345 (c)
for potential land acquisition. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Powell – Yes, and Councilmember Waite – Yes. The motion passed.
The meeting adjourned at 9:52 p.m.
________________________________________
C. Bruce Ard, Mayor
________________________________
Leslie Folsom, City Clerk
Council Minutes 7-16-09 Page 6 of 6