03.06.2014CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, MARCH 6, 2014
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL - AGENDA
THURSDAY, MARCH 6, 2014 – 7:00 P.M.
CALL TO ORDER:
Mayor Dana Kirkham at 7:00 p.m.
Pledge of Allegiance – Councilmember Slack
Prayer – Councilmember Coletti
MINUTES:
February 6, 2014, February 13, 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.Amendment to Annexation Agreement – Woodbury December 4, 2006 – Instrument #1246018
2.Public Works – Generator Purchase
3.Eastern Idaho Commerce Development Agreement
4.Resolution 2014-005 Supporting Action to Expand Internet Access
5.Building Department Board of Appeals – Reappoint – Mark Andrus and Brett Skidmore – 3 Year terms to Expire February 15, 2017
DISCUSSION ITEMS:
1.Ball Ventures Development
2.Misc.
MINUTES
City Officials Present:
Mayor Dana Kirkham
Councilmember Brian Powell
Councilmember Rex Thompson
Councilmember Sean Coletti (arrived at 7:27 p.m.)
Councilmember Brad Christensen
Councilmember Byron Wiscombe
City Attorney Scott Hall (left at 8:34 p.m.)
City Administrator Ron Folsom
City Clerk Rachael Brown
City Treasurer Jennifer Belfield
City Engineer Lance Bates
Public Works Director Ray Ellis
I.T. Director Bruce Patterson
City Officials Absent:
Councilmember Russell Slack
CALL TO ORDER:
Mayor Dana Kirkham opened the meeting at 7:00 p.m. at the City Hall building located at 2135 South
Ammon Road. Councilmember Slack led the Pledge of Allegiance. Councilmember Powell offered a prayer.
MINUTES: February 6, 2014:
Councilmember Powell moved to approve the minutes, as presented. Councilmember
Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Wiscombe –
Yes, and Councilmember Christensen – Yes. The motion passed.
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February 13, 2014:
Councilmember Wiscombe moved to approve the minutes, as presented. Councilmember Powell seconded.
Roll Call Vote: Councilmember Wiscombe – Yes, Councilmember Powell – Yes, Councilmember Christensen – Yes, and
Councilmember Thompson – Yes. The motion passed.
ITEMS FROM MAYOR:
Mayor Kirkham reminded the Council that tomorrow night is the employee appreciation dinner at
6:30 p.m. at Catered Your Way. Ron explained where Catered Your Way is located.
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 Thompson – Yes, and Councilmember Wiscombe – Yes. The motion passed.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
None
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Amendment to Annexation Agreement – Woodbury December 4, 2006 – Instrument #1246018:
Councilmember
Powell moved to table the Amendment to Annexation Agreement – Woodbury December 4, 2006 – Instrument #1246018.
Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes,
Councilmember Wiscombe – Yes, and Councilmember Christensen – Yes. The motion passed.
2. Public Works – Generator Purchase:
Ray Ellis, Public Works Supervisor explained the Rocky Mountain power
outage exposed the vulnerability of our operation facility. We were trying to maintain operations without backup power available.
With everything being down, the power outage forced us to move generators to keep pumps running. The lift stations were really
tapped. We did not experience any overflows or backups, but we were right at our response limit.
Ray has found two generators, one is in Spokane and one is local. The bigger generator can handle the larger lift stations and
can also be moved to the Public Works building. Councilmember Thompson asked how many lift stations are in the City of Ammon.
Ray said there are five lift stations. Councilmember Christianson asked how many generators the City currently has. Ray said two; one
is mobile and one is permanent. The permanent generator is at the Ross sewer lift station. Ray discussed the specifications and
benefits of the generator choices. Councilmember Christensen asked regarding the vulnerability of the sewer system during the four
hour power outage, and how close the City was to the breaking point and residents were having back up problems. Ray said within
thirty minutes at Ross. Discussion ensued regarding the generators the City has available, and how the two new generators would be
implemented. Mayor Kirkham said she sees this as a necessity; the residents need to be protected from sewer back up problems.
Councilmember Powell said he would like to see permanent generators at each lift station. Ray said that is the new DEQ (Department
of Environmental Quality) standard. The generators would automatically switch on during any power outage. Mayor Kirkham said we
also need to provide a safe haven for residents to stay warm. The generators would be part of emergency preparedness as well.
Councilmember Powell moved to approve the Public Works – Generator Purchase in the amount of $41,500 for two used
generators. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes,
Councilmember Wiscombe – Yes, and Councilmember Christensen – Yes. The motion passed.
3. Eastern Idaho Commerce Development Agreement:
Ron stated that at the last Council meeting, the Council
approved the plat for the Eastern Idaho Commerce Development. The development agreement is a standard agreement except for
some special conditions. The property will have wastewater flowing to the City of Idaho Falls instead of to the Region (Eastern Idaho
Regional Waste Water Authority). Special condition #1, allowing wastewater to flow to the City of Idaho Falls on a temporary basis.
The wastewater system design needs to be approved by the City of Idaho Falls, and the City of Ammon. The wastewater system will
be disconnected from Idaho Falls upon installation of the City of Ammon wastewater system across Sandcreek. Special condition #2,
landscaping, sidewalk and street lights along the frontage and in the right of way will be consistent with Hitt Road and meets the
requirements of the City of Idaho Falls, and shall be installed in the time frame set by the City of Idaho Falls. Special condition #3,
City code 10-5-24 (3) requires 30 feet of landscaping alone the frontage of arterial roadways. For the purpose of the lots within this
plat, the required sidewalk within the right a way of Hitt Road shall be included in calculating the 30 foot site landscape requirement
within the frontage of each lot. Special condition # 4., no development on lots 9 thru 11 of this plat shall be allowed until the John
Adams and Hitt Road intersection shall be improved. Special condition #5, lot 11 of this plat shall be subject to additional easement
requirements and access limitations as needed for the development of the John Adams and Hitt Road intersections. Special condition
#6, wastewater capacity replacement fee shall be collected as follows; the City of Ammon capacity replacement fee shall be paid at the
time of issuance of a building permit. The EIRWWA (Eastern Idaho Regional Waste Water Authority) replacement capacity fee may
be paid at the time of issuance of the building permit, or at the applicant’s request may be delayed until the wastewater line is removed
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from the City of Idaho Falls system and connected to the City of Ammon system. Upon connection to the Ammon system, the current
property owner will be assessed the current fee for the EIRWWA capacity replacement. The assessment will be applied to the current
users’ monthly utility statement to be paid not later than the 10th day of the month following the first billing. Item C; Property owners
who wish to delay payment of the EIRWWA capacity replacement fee shall sign a contract for payment of the fee. The development
agreement shall serve as a lien on each lot within this plat for payment of the EIRWWA capacity replacement fee. The developer
agrees pursuant to this development agreement that shall constitute a lien for the full payment of the EIRWWA capacity replacement
fee and shall be in default upon the non-payment.
Councilmember Powell moved to approve the Eastern Idaho Commerce Development Agreement, as presented.
Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes,
Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Wiscombe – Yes. The motion passed.
4. Resolution 2014-005 Supporting Action to Expand Internet Access:
Councilmember Powell moved to approve
Resolution 2014-005 Supporting Action to Expand Internet Access, as presented. Councilmember Coletti seconded. Roll Call Vote:
Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes,
and Councilmember Wiscombe – Yes. The motion passed.
5. Building Department Board of Appeals – Reappoint – Mark Andrus and Brett Skidmore – 3 Year terms to Expire
February 15, 2017:
Councilmember Christensen moved to approve the Building Department Board of Appeals – Reappointing
Mark Andrus and Brett Skidmore to 3 Year terms to expire February 15, 2017. Councilmember Powell seconded. Roll Call Vote:
Councilmember Christensen – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes,
and Councilmember Wiscombe – Yes. The motion passed.
DISCUSSION ITEMS:
1. Ball Ventures Development:
Tabled
2. Misc.:
I.T. Director Bruce Patterson, said after the meeting on Monday, the City of Idaho Fall’s Mayor Casper
introduced Bruce to their City Attorney Randy Fife and indicated to Randy that she would like him to meet with Bruce and learn how
Ammon is using their fiber. Mayor Casper would like to support Ammon’s effort in any way possible. Mayor Kirkham gave a little
background. She said when she meet with Mayor Casper they outlined needed discussion topics; first priority was Hitt Road, and then
metro fire. We need to know if Idaho falls will or will not support our fiber program, and the coalition. Mayor Casper would like to
have a better understanding of our fiber system and how it differs from the City of Idaho Falls’. Bruce said he took it as a positive sign
that Mayor Casper said she wants to support Ammon but would like Randy to look into some issues with Bruce. Randy was hoping
they could meet tomorrow, but Bruce wanted to talk to Scott Hall first. Bruce and Scott would like to invite David Shaw to be part of
the meeting. Scott said he would be fine attending the meeting, and he feels David Shaw attending would show Ammon’s
commitment to the fiber system. Mayor Kirkham said she feels comfortable with David attending the meeting. Scott said Mayor
Kirkham and Mayor Casper should also be present. Discussion ensued regarding possible meeting dates. The Council is supportive of
the meeting with Dave Shaw and the City of Idaho Falls to explain the City of Ammon’s fiber network. Councilmember Powell feels
it would be very beneficial for Jackie Fowers to attend so she can present her side of things to help the decision makers understand the
fiber system. Councilman Powell is not sure if the decision makers understand what they have so far, what the limitations of it are, and
why we have built something completely different. Mayor Kirkham said she feel a lot of the opposition came from an area that didn’t
really understand. Scott said because the GIS (Geographic Information System) potentially has a huge benefit, it would make sense to
invite Roger Christensen or someone from the County Commissioners office attend to understand what is going on and how the
County could participate or reap some benefit from this and that would give additional support in the coalition.
Lance said a resident would like to change her address. She lives on the corner of two streets with the driveway facing one
street and the mailbox is on the other street, but the address is facing where they do not access it. The address can be changed in
Caselle, but he does not know if there is something else that would prevent the address from being changed. Mayor Kirkham asked
what the City’s protocol was for addressing homes. Lance said it is usually where the front door is located. With this particular home
there is not any sidewalk, and people do not enter from the street it is addressed as. The post office acknowledges it on the street it is
addressed on, but delivers the mail on the other street. Mayor Kirkham doesn’t have any opposition as long as EMS (Emergency
Medical Services) has the updated information.
Ray said several weeks ago a Councilmember received a phone call from a resident complaining that all City staff does is
drive around. This has been a concern for Ray for quite a while, and he has looked at different options to track City vehicles. Ray and
Bruce attended a meeting in Boise where there were various GPS (Global Positioning System) systems available for a free trial. They
installed one in a City truck and Ray found it extremely revealing where the City trucks go. Ray researched the GPS units more, and
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spoke to other fleets that are currently using them. There is no capital investment for equipment, it is a month to month service charge
of $25 per unit, and Ray would like to install the device on six of the Public Works trucks. He will disclose to his staff that the GPS
unit is being installed, and let them know they will be accountable for what they are doing. If a resident calls saying they see a City of
Ammon truck, the GPS device will allow Ray to pin down the location and determine why the employee was there. Councilmember
Coletti asked how it shows up on the system. Ray said it shows up on a map, and every fifteen seconds it shows where the vehicle is
located. It will also tell you if the vehicle stops, speeds, leaves City limits or breaks hard. The technology is amazing. The Council
feels this is a good idea. Scott said he and Ron will update the employee manual with regard to the tracking units.
Councilmember Wiscombe asked about preparedness for the meeting with the City of Idaho Falls Council on the 20th.
Mayor Kirkham said the purpose of the meeting is for the City of Idaho Falls and Ammon to get together and identify problems, and
objectives regarding Hitt Road. A committee will be formed with two Council members from each City. Mayor Kirkham would like
to have Lance, Ron, and Ray attend the meeting. Mayor Casper has indicated there are not any funds in Idaho Falls’ budget to make
any improvements this spring. They are not prepared to participate, and it would be on Ball Ventures to complete any improvements.
Mayor Kirkham said Ray made the suggestion that the City of Ammon could make the improvements and the City of Idaho Falls
could credit us towards the intersection on 17th street. That is an option we could possible negotiate with. Councilmember Coletti
suggested starting fresh with the current MOU (Memorandum of Understanding) in place with new ideas. Mayor Kirkham asked Ron
to send the current MOU, and the revised MOU to all the Council members so that everybody knows where we are at with it.
Councilmember Wiscombe spoke about a resident on 21st street that was annexed into the City. He is on a well, has a septic
tank, and he only uses the Ammon sanitation service. The issue is that he has a long driveway, and does not want to put his can at the
end of the driveway. He would like to have the truck enter his driveway and pick up the can in front of his house. Councilmember
Wiscombe said that the resident expressed that since the City is not willing to take the sanitation truck down his driveway, he would
like to opt out of the City’s sanitation services and use another company. Mayor Kirkham said it is in ordinance that if you live in
City limits, you pay for sanitation whether you use it or not. Ray said he is willing to drive up the long driveway, but the garbage truck
will destroy the asphalt on his driveway because the driveway is not built to handle the trucks weight. Councilmember Thompson said
it would be less expensive to haul it down to the end of his driveway and have the City pick it up than to replace his driveway.
Mayor Kirkham said the City does not want to take on the liability of going onto private property. Councilmember Wiscombe
said the resident would like to be de-annexed from the City, and he is willing to trade the blue house on the corner of 17th and
Ammon Road. He would let that be annexed into the City, and take his home on 21st out. Mayor Kirkham said she would like to talk
to the resident. Mayor Kirkham explained that the homeowner did not have building rights to build his home in the county; it needed
to be in the City limits. The county is very specific about building rights, and they are nontransferable. The resident could not build in
the county, and he requested being annexed into the City of Ammon and was able to build his home. He cannot de-annex because the
structure he built is not authorized in the County. Mayor Kirkham said she will call the resident and talk to him.
Councilmember Coletti said Century Link had a lunch presentation at the Chamber of Commerce. They presented a map
showing the location of their fiber. Century Link’s promotion is if you connect your business they will install the equipment at no cost
for a monthly fee. Councilmember Coletti said he thought it was interesting.
Councilmember Coletti said he met this morning with the Chamber legislature committee. He asked the committee about the
tax reimbursement incentive act, and told them the incentive does not benefit the City of Ammon at all. This is a test run, and the goal
is to attract big businesses to Idaho.
Councilmember Coletti said he talked to Stacy about the metro-fire discussion. Stacy said he has always been in favor of
exploring it, but any proposal needs to allow Ammon to keep the volunteer firefighters. Councilmember Coletti said the biggest
opponent of volunteers will be the union. Stacy would oppose the metro-fire district if they said no volunteers. Discussion ensued
regarding the metro-fire.
Councilmember Coletti stated that there had been some damage at the fire station. The ceiling was destroyed above the
Sheriff’s Department office due to a pipe leak. Rachael explained the process of having the damage repaired, and said an ICRMP
(Idaho Counties Risk Management Program) adjuster was coming to assess the damage; this way the City would not be required to
obtain three estimates. Councilmember Coletti and Stacy also discussed a potential second station and possible location.
Councilmember Powell said the newsletter articles are due by the first week of April. Ray said an article should be included
about the master plan. Mayor Kirkham asked the status of the master plan. Lance said he has the second draft of the scope of work.
Mayor Kirkham requested Lance to make sure all of Council sees it. Councilmember Powell would like a “Mayor’s Corner” in the
newsletter. Mayor Kirkham said she could do that.
Councilmember Christensen said Council has previously discussed getting information to the public regarding the fiber
system. He would like to do the same thing with the Building Department. He would like to create a special invitation presentation for
developers and contractors showing the benefits of building and living in the City of Ammon. Mayor Kirkham said she thinks that is a
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good idea. Discussion ensued regarding Building Department fees and putting together a presentation for builders and developers to
market the City of Ammon.
Mayor Kirkham directed Ray and Lance to e-mail the Keller Associates scope of work for the Original Town Site/Hillview
area to all the Council members. Lance said the scope of work is the contract negotiation. Mayor Kirkham asked Council to give feed
back at the next work session so she can negotiate the final contract with them. She asked what the final price. Ray said $75,000.
Councilmember Powell moved to adjourn. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell –
Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, and Councilmember
Wiscombe – Yes. The motion passed.
The meeting adjourned at 8:52 p.m.
___________________________________________________
Dana Kirkham, Mayor
_______________________________________________
Rachael Brown, City Clerk
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Cindy Donovan made the motion and Scott Wessel seconded:
I move that pursuant to section 10-4-5 of the Ammon City Code in relation to Idaho State Code
67-6535 the following findings be approved regarding the recommendation from this
Commission to the City Council, that The Planning and Zoning Commission finds that
regarding hearing number 2014-001 the following written information be provided to the City
Council for consideration:
Because of sewer maintenance in the future, the Planning and Zoning Commission feels the
berm is not a necessary landscaping design. A six (6) foot fence is not enough to be a proper sound
barrier and additional measures needed to be taken. The fence should be constructed to be a proper
sound barrier, possibly concrete panels.
The requested language change in SC2 appears vague and needs more clarification from
legal counsel.
The requested language change in SC4 is vague and also needs to be clarified by legal
counsel.
The above motion to accept the proposed findings passed unanimously.
Following is the motion made by Tom Hunsaker and seconded by Cindy Donovan for the
recommendation to City Council:
Commissioner Tom Hunsaker moved to partially accept the proposed request for modification
and annexation agreement for Woodbury and Ball Ventures, future Ammonside divisions, that the
part of the language that would eliminate the six (6) foot berm be accepted and be replaced with
language that reflects the wall or fence on the edge of the property would need to be at least eight (8)
foot tall, and provide proper sound barrier and let staff haggle out what that means, unless otherwise
agreed upon in writing by the City of Ammon and Developer in special condition two (SC-2) is too
vague and the legal representatives for the Developer and the City need to come up with language
that is more crisp so that we don’t lose track of what that writing was and where to find it, similarly for
special condition four (SC-4) where said condition may be modified if agreed upon in writing with the
City of Ammon and Developer also needs to be made more crisp, and the legal representatives for
the Developer and the City also need to make that more crisp. The motion passed unanimously.
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