01.16.2014CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JANUARY 16, 2014
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL - AGENDA
THURSDAY, JANUARY 16, 2014 – 7:00 P.M.
CALL TO ORDER:
Mayor Dana Kirkham at 7:00 p.m.
Pledge of Allegiance – Councilmember Wiscombe
Prayer – Councilmember Christensen
MINUTES:
January 2, 2014
ITEMS FROM MAYOR:
CONSENT AGENDA:
Accounts Payable – Exhibit A
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
PUBLIC HEARINGS:
None
ACTION ITEMS:
1.Oath of Office - Councilmember Wiscombe
2.Appointment - Planning and Zoning Commissioner – Julie Foster
3.Policy 10-008-2 Drug Free Work Place Policy
4.Resolution 2014-001 – Adoption of Policy 10-008-2 Drug Free Work Place
5.Policy 65-001 Sidewalk Replacement Grant Program Policy and Procedures
6.Resolution 2014-002 – Adoption of Policy 65-001 Sidewalk Replacement Maintenance Grant Program Policy and Procedures.
7.Ordinance 538 & Summary – Repeal and re-adopt Title 7, Chapter 11, International Existing Building Code
8.Request For Proposal – Original Town Site – Master Plan
BOARD OF ADJUSTMENTS: (Council acting as BOA)
1.None.
DISCUSSION ITEMS:
1.Misc.
MINUTES
City Officials Present:
Mayor Dana Kirkham
Councilmember Brian Powell
Councilmember Rex Thompson
Councilmember Sean Coletti
Councilmember Russell Slack (arrived at 7:03 p.m.)
Councilmember Brad Christensen
Councilmember Byron Wiscombe
City Attorney Scott Hall
City Clerk/Administrator/Planning Director
Deputy Clerk Rachael Brown
City Engineer Lance Bates
Public Works Director Ray Ellis
City Officials Absent:
City Treasurer Jennifer Belfield
CALL TO ORDER:
Mayor Dana Kirkham opened the meeting at 7:00 p.m. at the Ammon City Hall building located at 2135
South Ammon Road. Councilmember Wiscombe led the Pledge of Allegiance. Councilmember Christensen offered a prayer.
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MINUTES: January 2, 2014:
Councilmember Powell moved to approve the minutes, as presented. Councilmember Thompson
seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes,
Councilmember Coletti – Yes, and Councilmember Wiscombe – Abstain (Absent and not voting until sworn in). The motion passed.
ITEMS FROM MAYOR:
None
CONSENT AGENDA: Accounts Payable – Exhibit A:
Councilmember Powell moved to approve the Accounts Payable –
Exhibit A, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember
Christensen – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and
Councilmember Wiscombe – Abstain (Not voting until sworn in). The motion passed.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
None
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Oath of Office - Councilmember Wiscombe:
Mayor Kirkham administered the Oath of Office to Councilmember
Byron Wiscombe swearing him in as Councilmember of the City of Ammon. Councilmember Wiscombe repeated the Oath as it was
read to him and stated “I do”.
2. Appointment - Planning and Zoning Commissioner – Julie Foster:
Ron explained that he and Mayor Kirkham met
Julie at a Grow Idaho Falls meeting. Ron said he would like to appoint Julie Foster to the Planning and Zoning Commission. If the
Council appoints Julie, it would raise the commission to ten. Ron explained he is requesting this in order to have coverage when other
members of Planning and Zoning are unable to attend meetings.
Councilmember Powell moved to appoint Julie Foster to the Planning and Zoning Commission for a period of three years to
expire December 31, 2016. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember
Thompson – Yes, Councilmember Slack – Yes, Councilmember Wiscombe – Yes, Councilmember Christensen – Yes, and
Councilmember Coletti –Yes. The motion passed.
3. Policy 10-008-2 Drug Free Work Place Policy:
Ron explained that as a result of Colorado’s legalizing marijuana, it
brought up the discussion of what would happen if a new or current employee traveled to Colorado, used legal marijuana, came back
to Idaho, and failed a drug test. Ron read the new policy and explained the additional language. With this new language if an
employee fails a drug test, they can be terminated whether they took the drug in a state where its use is legal, or not, because reporting
to work while under the influence is a work safety issue, and the City of Ammon is a separate, solvent entity.
Councilmember Slack moved to approve Policy 10-008-2 Drug Free Work Place Policy, as presented. Councilmember
Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes,
Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Wiscombe –Yes. The motion passed.
4. Resolution 2014-001 – Adoption of Policy 10-008-2 Drug Free Work Place:
Councilmember Powell moved to
adopt Resolution 2014-001 – Adoption of Policy 10-008-2 Drug Free Work Place. Councilmember Christensen seconded. Roll Call
Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Thompson –
Yes, Councilmember Slack – Yes, and Councilmember Wiscombe –Yes. The motion passed.
5. Policy 65-001 Sidewalk Replacement Grant Program Policy and Procedures:
Mayor Kirkham explained that this
is a policy the Council has talked about several times. If a sidewalk is deemed unsafe, the homeowner may apply for a grant to replace
it. The Public Works Department would remove the existing sidewalk at the City’s expense, and the homeowner would be responsible
for replacing the sidewalk at their cost. Ron explained there was a language change to add “when necessary”. If the property owner
wants to, they are allowed to take the existing sidewalk out but, if they need help Ray can help up to $1,000. Mayor Kirkham said we
have budgeted $40,000 for the grant. It will be first come first serve based on need and safety. Ron said Ray will assess the sidewalks
in need of repair in 5 feet wide by 5 foot long sections. The homeowner will not have to replace the entire sidewalk. Councilmember
Christensen asked is it defined that this is only for sidewalks in the public right of way. Ray said yes, we are not doing safety
assessments on the property owner’s side.
Councilmember Slack moved to approve Policy 65-001 Sidewalk Replacement Grant Program Policy and Procedures.
Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes,
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Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Wiscombe –
Yes. The motion passed.
6. Resolution 2014-002 – Adoption of Policy 65-001 Sidewalk Replacement Maintenance Grant Program Policy and
Procedures:
Councilmember Christensen moved to adopt Resolution 2014-002 – Adoption of Policy 65-001 Sidewalk
Replacement Maintenance Grant Program Policy and Procedures. Councilmember Slack seconded. Roll Call Vote: Councilmember
Christensen – Yes, Councilmember Slack – Yes, Councilmember Wiscombe – Yes, Councilmember Thompson – Yes,
Councilmember Powell – Yes, and Councilmember Coletti –Yes. The motion passed.
7. Ordinance 538 & Summary – Repeal and re-adopt Title 7, Chapter 11, International Existing Building Code:
Councilmember Wiscombe read Ordinance 538 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, REPEALING TITLE 7, CHAPTER 11 AND RE-ADOPTING TITLE 7, CHAPTER 11 OF THE CITY CODE OF
AMMON, IDAHO, SAID CHAPTER BEING ENTITLED THE INTERNATIONAL EXISTING BUILDING CODE; PROVIDING
EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN
EFFECTIVE DATE. I move the Council dispense with the rule requiring the reading of the ordinance on three different days and that
the three readings be waived. Councilmember Powell seconded. Roll Call Vote: Councilmember Wiscombe – Yes, Councilmember
Powell – Yes, Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and
Councilmember Slack –Yes. The motion passed.
Councilmember Wiscombe read Ordinance 538 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, REPEALING TITLE 7, CHAPTER 11 AND RE-ADOPTING TITLE 7, CHAPTER 11 OF THE CITY CODE OF
AMMON, IDAHO, SAID CHAPTER BEING ENTITLED THE INTERNATIONAL EXISTING BUILDING CODE; PROVIDING
EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN
EFFECTIVE DATE. I move the adoption of Ordinance 538 and Summary as an ordinance of the City of Ammon on its third and final
reading. Councilmember Powell seconded. Roll Call Vote: Councilmember Wiscombe – Yes, Councilmember Powell – Yes,
Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Slack –
Yes. The motion passed.
8. Request For Proposal – Original Town Site – Master Plan:
Mayor Kirkham explained that the City issued an RFP
(Request for Proposal) to begin work on a master plan for the original town site. We have received two proposals; one from Keller
Associates, and one from Forsgren Associates Inc. The proposals have been reviewed by Mayor Kirkham, Lance Bates, Ray Ellis, and
Ron Folsom. Mayor Kirkham’s recommendation is to award the RFP to Keller Associates. She feels both RFP’s are excellent but,
Keller has performed work for the City of Rigby that was similar to what we are looking for. Keller’s work with the City of Rigby
included holding community meetings, collecting and distributing information to the public in many different forms. Mayor Kirkham
feels Keller Associates have the experience we are looking for this project. The Council asked to have access to the proposal for their
review. (Lance went downstairs to get the proposal for the councilmember’s to view) Councilmember Coletti asked the Mayor if that
was the only reason she wanted to go with Keller. Mayor Kirkham said Keller had many references from this area; Forsgren’s
references came from the City of Boise, but the rest were out of State. Councilmember Christensen asked if the proposal included a
dollar figure. Mayor Kirkham said yes. Councilmember Powell asked the Mayor what she was asking Council to do regarding this
action item. Mayor Kirkham said if the project is granted to Keller we can start negotiating the contract with them. Scott Hall said the
Council would be authorizing the staff and the Mayor to begin negotiating a contract. Councilmember Powell said he is concerned,
because this is the first time the Council has seen either proposal and feels like they need to do their due diligence. Mayor Kirkham
said the proposals came in two weeks ago and the Council was invited to review them; Mayor Kirkham was the only one that took a
copy of the proposals to review.
Ron explained that it is not unusual for the RFP to be reviewed by committee. We are not negotiating a dollar amount
tonight. Councilmember Slack said the City’s Engineer Lance Bates is the one that typically does this. Councilmember Powell said
Lance reviews the bids when they come in, but this is deciding whose bid we would like to accept. Mayor Kirkham said it is like when
we bid a construction project; the Council does not review all the bids that come in. Lance reviews the bids and determines the lowest
bidder. This is not any different. Mayor Kirkham invited the Council to review the proposals. Mayor Kirkham stated that in her
opinion, it is obvious who the better choice is, and she doesn’t want to waste any more time. She would like to maximize the time
available in this construction season. Another reason Mayor Kirkham supports Keller is because Jeff Freiberg is partnering with them
for this project, and he has a lot of experience with our City. Jeff Freiberg is an independent engineer that used to work for Keller
Associates, and he worked with the City on the water system. Keller has an excellent track record with the City. They come in under
bid and on time. Lance clarified this is not a bid. This is a proposal, and there is not a dollar amount associated with the proposal. In
the Idaho state law, when talking about professional services, people get nervous if you start discussing bids. Discussion ensued. Scott
explained that procedurally an RFP will allow the City representatives to sit down and negotiate a contract, and then the contract will
be brought back to the Council for approval.
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Councilmember Powell moved to approve the Request for Proposal from Keller Associates. Councilmember Thompson
seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Abstain
(Conflict of Interest), Councilmember Wiscombe – Yes, Councilmember Coletti – Yes, and Councilmember Christensen – No
(Because he would like to be able to review the proposals). The motion passed.
BOARD OF ADJUSTMENTS: (Council acting as BOA):
1. None.
DISCUSSION ITEMS:
1. Misc.
Mayor Kirkham said she instructed staff to not pay the $60,000 bill from EIRWWA (Eastern Idaho
Regional Waste Water Authority) for wastewater screens. She met with the Region today and they pulled the minutes due to a
discrepancy. Mayor Kirkham explained that the Mayor of the City of Shelley, Stacy Pascoe, felt there may have been the assumption
that the City of Ammon would pay for the screens, but the minutes do not indicate that the City of Ammon was ever going to pay.
This has put the Region in a bind, because they will have to reopen the budget; they only has $235,000 in savings and $60,000 will be
needed to pay for the screens. Mayor Kirkham feels this is part of the growing up process, and she knows it will deplete their savings;
but the reality is that they need to pay their bills. Mayor Kirkham said they cannot use the City of Ammon as their fall back. There is
$14,000 outstanding for the completion of the screen project; the bill has not been submitted but, the City of Ammon did agree to pay.
Councilmember Slack asked if there had been any more discussion about the Region consolidating into a district. Mayor
Kirkham said there wasn’t any talk about it at today’s meeting; the meeting focused on the Idaho Fall’s Country Club coming in to the
system. Scott Hall said he received a call from a lawyer who said he thought he was going to be hired by the County Club to deal with
their issues, and to draft a proposal to come into the Region. The lawyer said at the last meeting Scott had recommended to the board
to require the Country Club to be a district. The lawyer did not understand why Scott would require that. Scott asked what Country
Club was operating under currently. The lawyer said a HOA (home owners association), and they are in total disarray. Scott said they
are a private utility governed by the PUC (Public Utilities Commission). Scott asked regarding the financial resources of the private
utility company. He was told the developer of the Country Club is in control of the finances. Nobody knows how much money is there
or how viable it is, but it is probably not very viable. Scott asked how we would collect on nonpaying sewer accounts. The lawyer
said he understood why Scott recommended a district. Scott said it would be a tax against the property. The taxes will get paid or the
county will take the property. They are currently under an order from DEQ (Department of Environmental Quality) to take care of the
lagoons they have been using for twenty five or thirty years that are leaking. Scott’s recommendation to the EIRWWA (Eastern Idaho
Regional Waste Water Authority) Board is to only accept them if they are a district.
Mayor Kirkham explained that it has not been decided if the Country Club is going to be coming on. They will be making a
presentation in June requesting that they come on. Mayor Kirkham asked the board to draft an RFP to have an independent firm take a
look at the treatment plant and the transmission line to value it, and review the numbers that have been in place. The question is the
connection fee and what is the buy in worth for the County Club. Discussion ensued regarding connection costs, and capacity
replacement.
Scott said the grease and odor issue was also discussed at today’s EIRWWA meeting. Mayor Kirkham reported what the City
of Ammon was doing to deal with these issues. Mayor Kirkham wants Jim (wastewater department head) to document the dissolved
oxygen readings on the manholes coming out of our City, and she would like to have that information available to take to the next
meeting. Mayor Kirkham praised Jim to the Region board for all his work confronting the issue of grease in the wastewater.
Councilmember Coletti said the problem is no one wants to take responsibility. This is why we need the district. We need someone to
track revenue and oversee compliance to the budget. Discussion ensued regarding creating a sewer district. Mayor Kirkham will mail
the Melaleuca contract to the Council for them to review. Councilmember Powell said there was talk about water reclamation during
the board meeting he attended. He is concerned about how that might affect the City’s water rights. The City should receive credit for
our water rights. Mayor Kirkham said that has been discussed, but currently the Region cannot do anything with water rights. They
have always discussed it going back to the municipality. Scott said there are three types of permits you may obtain; the most valuable
one is to take the water and spray it on non root crops, which would require administrative or legislative rule changes, and crops are
seasonal. The second type of permit is to empty a portion of the water into Shelley’s old lagoons next to the treatment plant, which is
categorized as rapid infiltration recharge and would give the cities an estimated 75 percent credit; there are not any permits like that
currently in Idaho. The third permit is to discharge into the river for a two percent credit. The City would also need to bring our
phosphate levels down, making this the most expensive proposal. Discussion ensued regarding the three types of permits.
Ron said part of the water rights that were purchased last year are being transferred right now. The second half of the project
is in for approval now. Ron said he does not see any problems with it being approved. We are paying a $500 transfer fee tomorrow.
Ron said as we move forward in constructing the concession stand by the swimming pool, we need to consider the fact that
we have permitted a snow shack there in previous years. Ron wrote the concessionaire a letter asking her to call him before she
renewed. She was told as long as she only sold Sno cones she could stay there. She asked since she has sold concessions other than
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just snow cones in the past, if the Council would take less than the $1,000 concession fee. Ron said on the phone she said her other
products were 25 percent of her sales, and it is a loss of a gross income of $3,000. Mayor Kirkham said we don’t want to drive her out
of the City; let’s get our concessions up and going and we will work into the snow cones. Ron asked if about reducing the fee for
selling concessions to $800 for her. The Council agreed.
Councilmember Slack asked when the Council would schedule a work session to discuss fees, rates, and budget items. Mayor
Kirkham said in March. Councilmember Slack said he has discussed fees with Ray, and they have come up with some great ideas.
Mayor Kirkham explained the fees that she and Ron discussed today today.
Mayor Kirkham reminded the Council that they need to have their donations submitted for the Spirit of Ammon Scholarship
before the February meeting. Councilmember Slack said he is working on a flyer with EITC (Eastern Idaho Technical College); the
flyer will be inserted into the utility statements. It will have a coupon on the bottom that can be torn off and submitted with the
donation.
Mayor Kirkham said Hillcrest High School senior projects will be presented on Tuesday night from 5:45 p.m. until 9:00 p.m.
She invited the Council to be judges.
Councilmember Coletti said he had a conversation with Tom Hally today, and he said we really need to get the buy in of the
businesses on Hitt Road. He said if the Ammon Town Center loses business, it is bad for the City of Idaho Falls as well. He would like
to get all the businesses involved in making the decision regarding the signal light out of the Target shopping center. He said some of
the opposition to do the right thing in working with those businesses, and working with the City of Ammon has left the Council and
those departments. Councilmember Coletti indicated that Councilmember Hally sounded supportive of working with the City of
Ammon. Mayor Kirkham said she believes the reason things are moving forward is because of Ball Ventures. As they begin to
develop by Zion’s bank, they have had conversations with the City of Idaho Falls, and what they will require Idaho Falls to improve
on Hitt Road so they can develop. The timing is good. Discussion ensued.
Councilmember Christensen had a discussion with a citizen regarding seeing staff driving trucks around, and being asked if
they are working or just driving around. Councilmember Christensen said he stuck up for Ray and his staff. He told the person if you
could see all that goes on in any given day you would have a better understanding and appreciation for what the City employees are
doing. Councilmember Christensen said he thinks we should put together a “Citizen see Ammon in Action Day”; invite the selected
citizens to the different departments, such as public works or parks, and show them what staff does throughout the day. It is a public
relations event that would go a long way towards helping citizens understand City employee’s responsibilities. Councilmember Coletti
said we would probably not want to put them in City vehicles for liability reasons, but he thinks it is a good idea. Councilmember
Slack said he would make it a come and work with the staff day. Mayor Kirkham said Ray has done an excellent job, and there is not a
lot of loitering going on; their cones are out and they are working. People have the image of government employees leaning on their
shovels, and she has never seen that from our staff, but she does think that because our trucks are marked they are more visible.
Discussion ensued. Councilmember Wiscombe said he likes the idea, but it would have to be structured right concerning the liability
issues. Councilmember Wiscombe said the program would provide a way for residents to see their tax dollars at work.
Councilmember Christensen said if the Council is comfortable with the idea he will discuss with Bruce about putting something on the
web site. He asked Council to forward names of residents they felt might be interested in participating and he will schedule a two hour
tour and see how it goes.
Mayor Kirkham asked Ron to call Jay Johnson to schedule a meeting. The Mayor and Councilmember Powell will attend.
Councilmember Slack moved to adjourn. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack –
Yes, Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson –
Yes, and Councilmember Wiscombe –Yes. The motion passed.
The meeting adjourned at 8:30 p.m.
______________________________________
Dana Kirkham, Mayor
___________________________________________
Ron Folsom, City Clerk
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