06212007CouncilMinutesCITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JUNE 21, 2007
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AGENDA
THURSDAY, June 21, 2007
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Thompson
Prayer – Councilmember Kirkham
MINUTES:
May 10, 2007, May 17, 2007, May 29, 2007, and June 14, 2007
ITEMS FROM MAYOR:
CONSENT AGENDA:
Attached
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Majestic Auto Body/Chad Eldredge Utility Sewer Charge Request
2.Beck/Tallman request for exception to Cottages Subdivision Swale and Sidewalk Standard
3.Cottages French Drain Project (no documents)
4.Ziebarth – McCowin Park Vending Machine Concessionaire Proposal
5.Hymel Rezone request GC1 to R2A
6.Terrel Rezone request C1 to HC1 and Conditional Use Permit – Used Car Lot
7.Blackburn Rezone request R1 to C1
8.Final Plat and Development Agreement Bridgewater Division #3 & 4
9.Preliminary Site Plan Trellis Square Division #3
10.Doves Landing Preliminary Plat
11.George McDaniel Sewer Line Reimbursement
12.Siepert Annexation Agreement & Ord. #434
13.Title 10 Revisions Summary & Ord. #435
14.Title 1-9 Revisions Summary & Ord. #436
15.Professional Services Contract – Roger Warner/Tom Wood
16.Professional Services Contract – Kent Foster (documents pending)
17.Authorization for Mayor Ard to negotiate Water Rights Transfers Protests (no documents)
18.Family Care Center/HK Progress Payment Request
19.Consideration of Bid – 2007 Sanitation Truck (documents pending)
20.Wesley Benjamin Utility Rate Dispute (no documents)
21.Resolution 2007-013 – Utility Rate Corrections
DISCUSSION ITEMS:
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1. July 5 Council Attendance
2.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 Lee Bean
Councilmember Dana Kirkham
Councilmember Rex Thompson
City Administrator Bruce Rose
City Planning Director Ron Folsom
City Engineer Bill Manwill
City Attorney Scott Hall
Acting City Clerk Leslie Folsom
City Council Minutes 06/21/2007 -- 1
City Officials Absent:
Councilmember Randy Waite
Councilmember Thompson led the Pledge of Allegiance to the Flag and, Councilmember Kirkham offered
the prayer.
MINUTES:
May 10, 2007, May 17, 2007, May 29, 2007, and June 14, 2007. The minutes for May 10, 2007 and
May 17, 2007 were motioned for approval by Councilmember Bean. Councilmember Thompson seconded. Roll
call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes.
The motion passed.
The minutes from May 29, 2007 and June 14, 2007 were not approved due to lack of quorum.
Councilmember Kirkham was absent for the May 29, 2007 minutes and Councilmember Thompson was absent for
the June 14, 2007 minutes.
ITEMS FROM MAYOR
: None
CONSENT AGENDA:
CITY OF AMMON
CONSENT AGENDA
Thursday June 21, 2007
License applications are pending in the City Office for the following:
GENERAL BUSINESS LICENSE 2007:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
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A.Reese, Janel – Daycare Employee – Nana’s Daycare – 2660 E. 1 Street
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B.Wheeler, Shalae - Daycare Employee – Nana’s Daycare – 2660 E. 1 Street
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C.DINE POS – Software Sales – 3544 E. 17 Street Ste. #207
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D.Rooftop Real Estate – Real Estate – 2677 E. 17 Street Ste. #300
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E.Leatherby’s Family Creamery – Restaurant – 2489 S. 25 E. Ste. C
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F.Primary Residential Mortgage – Mortgage – 3544 E. 17 Street Suite #205
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Mark of Excellence – Massage Establishment – 3039 E. 17 Street
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B.Hollywood Video – Retail Sales – 1778 S. 25 E.
C.Monroe, Melanie – Massage Therapist – Excursion Salon & Day Spa – 1489 S. Curlew
D.YMCA – Sports/Recreational Facility – 3500 S. Ammon Rd.
HOME OCCUPATION PERMITS 2007:
1.NEW HOME OCCUPATION PERMITS:
A. K. Murdock Construction, LLC – Construction – 4029 Eastwood Circle
B. Aron, Kim – Daycare – 395 Racquet Place
2.RENEWAL HOME OCCUPATION PERMITS:
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A.Idaho Ballet Theatre, LLC – Dance Instruction – 4390 E. 17 Street
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2007:
1. RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Lawrence, Jennifer – Bartender – Texas Roadhouse – 2535 S. 25 E.
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B.Weller, Briana - Bartender – Texas Roadhouse – 2535 S. 25 E.
Councilmember Bean motioned to approve the Consent Agenda. Councilmember Kirkham seconded. Roll
call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes.
The motion passed.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
City Council Minutes 06/21/2007 -- 2
ACTION ITEMS
:
1. Majestic Auto Body/Chad Eldredge Utility Sewer Change Request:
Chad Eldredge, Majestic Auto – 1456 N.
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25 East, presented a request for a change in the City’s Sewer Charge figuration. Council discussed the issue and
decided there would be no changes and the rate stands. Council will look over the rates at the next review to see if
any adjustments to the rate structure need to be made.
2. Beck/Tallman request for exception to Cottages Subdivision Swale and Sidewalk Standard:
Councilmember Bean motioned to decline the Beck/Tallman request for exception for the Swale and Sidewalk and
grant extension to August 31, 2007 to have the swale in and grant extension to September 30, 2007 for Sidewalk
Standard. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember
Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed.
3. Cottages French Drain Project (no documents):
Councilmember Kirkham stated she requested this be put on
the agenda. She explained the french drains on Bungalow Drive are complete and the concern of the residents is
when they will be moving on to the next one. She would like to give them an idea of the plans for the drains. Steve
Gernatt, Bungalow Drive, explained they are not finished on Bungalow Drive; the ones that were started have been
finished. Councilmember Kirkham and City Engineer Bill Manwill discussed that linear french drains are needed on
Stafford, Brennan Bend, and Fieldstone Drive. The auger would be on the upper part of Bungalow and on Brennan
Bend. Councilmember Kirkham explained the auger is a trial to see if it is effective.
Councilmember Kirkham inquired when staff can get to the three french drains. City Administrator Bruce
Rose explained there are problems with staffing issues. He explained there are other priorities they have and not
enough staff to get things done. He explained he cannot give a date. Councilmember Bean commented he feels that
is not acceptable for Council or the residents in the Cottages. He stated he would like to see them commit to
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October 31. He explained if can’t get done or don’t have the manpower before October 31, then we are derelict in
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our duties. Councilmember Kirkham commented she would like to see September 30. Bruce Rose explained he
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thought that the October 31 deadline would be workable and he thought they should have 15 day reports to
consistently report the progress to the Council. Rose asked for patience from the Council and residents and they will
work at it chunk by chunk. He stated they will know by the end of August, if they can meet the deadline.
Councilmember Bean requested by next council meeting a detailed timeline for how long for the project would take.
Bruce stated he thinks that sounds reasonable. He explained some swales with gas lines will be a challenge.
Councilmember Bean commented there is a jail crew. Councilmember Kirkham stated some residents may be
uncomfortable with that. She commented we should specifically request a jail crew that is safe. City Attorney Scott
Hall commented about the cost, in case, they have to hire someone from the outside. It may affect the timeline.
Councilmember Kirkham inquired if we don’t put the augers on the upper part of Bungalow, how many linear
french drains are needed in that area. It was discussed there are about five there. Councilmember Kirkham
suggested moving this to the work session when they come back with the timeline, estimated costs and plans.
4. Ziebarth – McCowin Park Vending Machine Concessionaire Proposal:
Councilmember Bean commented to
Bruce Rose that we need a policy for concessions. He asked if Ken was okay with this. Council discussed they
need parameters to be able to make a decision.
Councilmember Bean motioned to approve the vending machine as proposed by Ziebarth for this year
through August of 2007 and that we consider no more concessions or vending machines in the parks, until such
time, as a policy is developed. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes,
Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed.
5. Hymel Rezone request GC1 to R2A:
Withdrawn by developer
6. Terrel Rezone request C1 to HC1 and Conditional Use Permit – Used Car Lot:
Planning Director Ron
Folsom explained where the property is located and the reason for the request. He explained the Planning & Zoning
recommendation was to deny the change and the conditional use permit. Councilmember Bean inquired the size of
the property. It was discussed it was 165 x 170. He explained what was allowed on a HC-1. Councilmember
Kirkham commented it is not consistent with what is already there. Councilmember Bean motioned to decline the
request for the Terrel rezone request and decline the Conditional Use Permit. Councilmember Kirkham seconded.
Roll call vote: Councilmember Bean –Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes.
The motion passed.
Roger Sheehy, 3932 Taylorview Lane, Sunnyside Auto, stated he had the same type of request a year ago
and it passed. He inquired why this would be any different. Council discussed that it was done before due to usage.
Council discussed they would like all four corners to be C1 eventually. It was discussed what was allowed on C1.
Councilmember Bean inquired why we cannot grant a conditional use permit. Ron Folsom explained we show a
City Council Minutes 06/21/2007 -- 3
used car lot as a conditional use permit in a HC-1. It was discussed whether it is legal for the cars to be sold on that
property now. Councilmember Kirkham commented if we cannot grant the rezone request then we need to get that
corner cleaned up.
7. Blackburn Rezone request R1 to C1:
Planning Director Ron Folsom explained where the property is located
and the reason for the request.
Councilmember Kirkham motioned to grant the Blackburn rezone request from R1 to C1. Councilmember
Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember
Thompson – Yes. The motion passed.
8. Final Plat and Development Agreement Bridgewater Division #3 & 4:
The locations of storm drains were
discussed. The language of the SC1 was discussed.
Councilmember Thompson motioned to approve the final plat and development agreement for Bridgewater
Division #3 & 4. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson – Yes,
Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion passed.
9. Preliminary Site Plan Trellis Square Division #3:
Planning Director Ron Folsom explained where the
property is located. He explained that the Division #3 Preliminary Site Plan was approved before but they moved
the buildings a little bit and changed the size of a building and it would require more parking. They have a letter on
file based on the size of the building that states they understand that the parking is limited to a minimum of 7200
square feet of warehouse space. The letter will be part of the development agreement. Ron Folsom commented that
they will be paving the lot between Division #3 and Division #2 as they do Majestic Circle, even though the site
plan is not done on Division #4.
Councilmember Kirkham motioned to approve the Preliminary Site Plan for Trellis Square Division #3.
Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, and
Councilmember Thompson – Yes. The motion passed.
10. Doves Landing Preliminary Plat:
Planning Director Ron Folsom explained where the property is located.
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Kirt Rowland, Schiess & Associates 7103 S. 45 West, stated he has met with Bill regarding water and sewer. Bill
Manwill explained there will be some oversize of the lines. They will pay for what they need which would be 10”
lines and we would pay for the oversize. Bill explained we would probably need 30” for Sunnyside and 27” to
Mason Street and 24” from there on up through Dove’s Landing. Councilmember Bean inquired if that will be put
in next year. He asked if they can get it so he can budget for it.
Councilmember Thompson inquired how many acres are commercial. Paul Mangleson, Draper, Utah,
stated there are about 3.5 acres commercial. It was discussed there are 86 units townhouses. Ron Folsom explained
it shows R2 zoning but it is R1A zoning. Paul Mangleson explained there are 158 single family homes and 9-10
acres of green space. Councilmember Thompson commented he would like to know how to get the walking path
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across 21 Street. Councilmember Thompson inquired about fences, etc. for the residents. Paul Mangleson
explained that it will be in the covenants and Council will be able to look at it. Councilmember Thompson
commented it is conditional on Well #11. Paul Mangleson stated he knows and understands that. Councilmember
Bean surmised if they moved that well into your division, we might be able to get away from those protests. Paul
Mangleson inquired how much land that requires. Councilmember Bean stated it would be one building lot. It was
discussed it may be possible to exchange the lots. Bill Manwill explained the results of the traffic study. The
accesses and traffic were discussed. Councilmember Bean commented that we want a through and a right turn lane
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coming west of 21 Street. Council discussed ways to keep traffic off Sunnyside and 17 Street. It was discussed
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whether or not 21 Street should be widened.
Tom Hunsaker, Planning & Zoning, stated we need to take into account that there will be a bond election
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for a new middle school coming that will be located between 21 South and 1. He stated there will be more traffic
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there and wondered if we should force them down 17 Street now.
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The ditches on 21 Street were discussed. Bill Manwill stated the north side ditch is a waste ditch. Paul
Mangleson stated that the answer is that when we get the improvements into the property it will accommodate
whatever minor runoff water there is.
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Mayor Ard inquired what is put in the plans for the corner of 21 and Crowley. Paul Mangleson stated they
have one lane. Councilmember Bean stated he would like to have two lanes going west, but when you get to the
intersection he would like to see a left, through, and right lane. He would like to see at a minimum of curb and
gutter. Paul Mangleson inquired if they are asking him to put a third lane in and if the traffic will require that.
Councilmember Bean stated it will in the future. It was discussed the third lane is just at the intersection. Paul
Mangleson stated he is not sure it is needed. He doesn’t want to put it in and then see that the traffic really didn’t
warrant it. Councilmember Bean stated we need to be prudent for the future. Paul Mangleson inquired why he
should have to be the one to pay for the lanes there. Councilmember Thompson stated they do not have to pay for
City Council Minutes 06/21/2007 -- 4
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17 Street or 1 or anywhere else. You have to pay for what is around you. Paul Mangleson commented that he
feels it is just getting expensive. Councilmember Bean stated it his decision to develop or not. He commented the
price on the lots will absorb the cost of the development. Paul Mangleson inquired if they would, at least, not have
to put the third lane in. Councilmember Bean stated he feels it is a critical part of development.
Councilmember Bean stated a synopsis of what Council would like. He stated two lanes going West – left,
center, right with curb and gutter and inquired whether Council wants a sidewalk up that side. Council discussed
whether they wanted a sidewalk or a trail system. It was discussed a trial system along an arterial is not a good idea.
Ron Folsom stated that all the new developments in the last year have required curb, gutter and sidewalk. Paul
Mangleson stated he feels curb, gutter, and sidewalk is a good idea and will make it look very nice. Councilmember
Kirkham asked if they have done a market analysis.
Ron Folsom inquired if DEQ agreed to accept a will-serve letter from us based on a developmental
agreement that we would not give them water until the well was on line. They are not final platting and that is when
our development agreement usually comes in, but they need a letter for their lenders to say that we will give them
water when we come on line. Ron Folsom asked if we can give them a letter that says the same thing that will be in
the development agreement or do we need to do some kind of development agreement with this preliminary plat.
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Paul Mangleson commented on the bridge on 21 Street that he would like to propose that we do it right
now. He would like to move the bridge up where it should go if the City would pay for half and we pay for the other
half. Council discussed they are worried about safety reasons right now. Bill Manwill stated anything you put in
there would have to be temporary due to the storm channel. You also have to take into account the budget. City
Attorney Scott Hall commented the bridge has to eventually go in so don’t you have to escrow funds anyway. It
was discussed he still is putting in the bridge.
Councilmember Bean motioned to approve the Preliminary Plat with the conditions when they come back
with the final plat that they have to:
1) Widen Crowley Road, fronting their property, to a five lane – curb, gutter, and sidewalk on their half,
2) They escrow funds at the first final plat, of any division in there, to pay for at least half the money for
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the light to be installed at Crowley and 17 Street;
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3) That they widen 21 Street, in front of their property, to a two lane with the intersection at Crowley and
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21 to accommodate a left turn, a through, and a right turn lane with an island to prevent left turns onto 21, exiting
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their property, and preventing left turns going east of 21 into their property;
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4) They install curb, gutter, and sidewalk along the frontage of their property on 21 Street and Crowley
including signage and striping of the roadway as required.
The motion will include, the fact, that any development will be subject to our ability to provide sufficient
water to them based upon the well coming on line. Councilmember Thompson seconded. Roll call vote:
Councilmember Bean – yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion
passed.
11. George McDaniel Sewer Line Reimbursement:
Skipped
12. Siepert Annexation Agreement & Ord. #434:
Planning Director Ron Folsom explained where the property is
located. Ron Folsom explained with Special Condition 2, Council had decided the existing well would work until it
became inoperable. Councilmember Thompson explained what was in the notes. Ron Folsom explained they called
and asked if we would put a dollar amount to connect. Councilmember Bean commented we should have these read
as, not only developer, but owner also. It was discussed the developer is considered the owner.
Councilmember Bean motioned to approve the Siepert Annexation Agreement with the changes so noted:
SC2 moving to $1000 and SC2 also indicating they will connect at such time as property is developed.
Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson –
yes, and Councilmember Kirkham – Yes. The motion passed.
Councilmember Bean read Ordinance #434,
AN ORDINANCE ANNEXING CERTAIN LANDS TO THE
CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE
ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE
COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND
TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE
by
DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LAND (Larry & Fay Siepert, 1393 S Ammon Road)
title and motioned that the City Council dispense with the rule requiring the reading of the ordinance on
three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call
vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes.
The motion passed.
Councilmember Bean read Ordinance #434,
AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF
AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY
ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING
THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE
City Council Minutes 06/21/2007 -- 5
OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION
by title and motioned to adopt Ordinance #434 as an ordinance of
OF SAID LAND (Larry & Fay Siepert, 1393 S Ammon Road)
the City of Ammon on this third and final reading. Councilmember Thompson seconded. Roll call vote:
Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion
passed.
13. Title 10 Revisions Summary & Ord. #435:
Planning Director Ron Folsom explained there was only one
change from the last time it was reviewed by Council.
Councilmember Kirkham read Ordinance #435,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, AMENDING TITLE X, CHAPTERS 2, 7, 9, 12, 13, 14, 16, 21, 27, 29, 31 AND 33 OF THE CITY CODE OF AMMON, IDAHO,
by title
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE
and motioned that the City Council dispense with the rule requiring the reading of the ordinance on three different
days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember
Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed.
Councilmember Kirkham read Ordinance #435,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, AMENDING TITLE X, CHAPTERS 2, 7, 9, 12, 13, 14, 16, 21, 27, 29, 31 AND 33 OF THE CITY CODE OF AMMON, IDAHO,
by title
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE
and motioned to adopt Ordinance #435 as an ordinance of the City of Ammon on this third and final reading.
Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson
– Yes, and Councilmember Bean – Yes. The motion passed.
14. Title 1-9 Revisions Summary & Ord. #436:
Planning Director Ron Folsom explained the only change for
business licenses. He explained it was 4-1-9 that was changed.
Councilmember Thompson read Ordinance #436,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, AMENDING TITLES 1 THROUGH 9 OF THE CITY OF AMMON, PROVIDING FOR PENALTIES FOR VIOLATIONS OF CITY
CODE, ASSIGNING SEATS TO COUNCIL MEMBER SEATS AND ESTABLISHING ELECTION TIMES FOR EACH SEAT, PROVIDING
GUIDELINES FOR LISCENING WITHIN THE CITY, AMENDING THE GUIDELINES FOR LIQUOR CATERING, PROVIDING FOR
NOTIFICATION OF CERTAIN PROPERTY OWNERS IN RELATION TO KENNEL LICENSING, CLARIFYING DEFINITIONS,
by title
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE
and motioned that the City Council dispense with the rule requiring the reading of the ordinance on three different
days and that the three readings be waived. Councilmember Bean seconded. Roll call vote: Councilmember
Thompson – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed.
Councilmember Thompson read Ordinance #436,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, AMENDING TITLES 1 THROUGH 9 OF THE CITY OF AMMON, PROVIDING FOR PENALTIES FOR VIOLATIONS OF CITY
CODE, ASSIGNING SEATS TO COUNCIL MEMBER SEATS AND ESTABLISHING ELECTION TIMES FOR EACH SEAT, PROVIDING
GUIDELINES FOR LISCENING WITHIN THE CITY, AMENDING THE GUIDELINES FOR LIQUOR CATERING, PROVIDING FOR
NOTIFICATION OF CERTAIN PROPERTY OWNERS IN RELATION TO KENNEL LICENSING, CLARIFYING DEFINITIONS,
by title
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE
and motioned to adopt Ordinance #436 as an ordinance of the City of Ammon on this third and final reading.
Councilmember Bean seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Bean – Yes,
and Councilmember Kirkham – Yes. The motion passed.
15. Professional Services Contract – Roger Warner/Tom Wood:
City Administrator Bruce Rose stated there is
a second copy that was revised that Council should have in their packet for review.
Councilmember Bean motioned to approve the work order as presented. Councilmember Thompson
seconded. Roll call vote: Councilmember Bean – yes, Councilmember Thompson – yes, and Councilmember
Kirkham – yes. The motion passed.
16. Professional Services Contract – Kent Foster (documents pending):
City Administrator Bruce Rose stated
Kent Foster is willing to work with us, but we don’t have a proposal from him yet. It was discussed Kent Foster is
the water rights attorney. Bruce Rose asked Council to consider allowing us to put a contract together, authorize the
Mayor to negotiate and sign with Scott’s review, and then we can execute that rather than wait to the next city
council meeting. It can then be brought to you for eradication. Councilmember Bean commented we never had
Gary Cooper sign a professional services contract. Scott Hall stated we could have an engagement letter with the
rate and what he will do.
Councilmember Bean motioned that we engage Kent Foster as the attorney to represent us through the pre-
hearing negotiations with the IDWR and the protests. Councilmember Thompson seconded. Roll call vote:
Councilmember Bean – yes, Councilmember Thompson – yes, and Councilmember Kirkham – yes. The motion
passed.
17. Authorization for Mayor Ard to negotiate Water Rights Transfers Protests (no documents):
Councilmember Bean motioned to authorize Mayor Ard to negotiate Water Right Transfers Protests at the pre-
City Council Minutes 06/21/2007 -- 6
hearing conference scheduled in August. Councilmember Thompson seconded. Roll call vote: Councilmember
Bean – yes, Councilmember Thompson – yes, and Councilmember Kirkham – yes. The motion passed.
18. Family Care Center/HK Progress Payment Request:
Mayor Ard stated they have requested payment but the
County has since had some problems with some of the items that have been done. The repairs on Township have
not been good. We have grant money coming and we have to pay within a matter of 5 days. There is $72,000 that
is our money. Bruce Rose stated they have billed us for a progress payment of $177,635.88, of which, $70, 276.00
will come from the State and should be here anytime. Mayor Ard suggested we give the grant money but hold up
our money until some things can get settled. Councilmember Bean stated he feels we are paying more money on
this than what we had anticipated. Bruce Rose stated the State has already disbursed $404,000.00 which we turned
and paid to HK. This $70,276.00 takes the State’s disbursement up to $475,000.00. Councilmember Bean inquired
if we have our portion budgeted. Bruce Rose stated it is. It was discussed we have a choice with our money, not the
State’s.
Councilmember Bean motioned that we approve the $70,276.00 of the progress payment portion and
withhold the $107,359.88 from payment until Bonneville County has been satisfied. Councilmember Kirkham
seconded. Roll call vote: Councilmember Bean – yes, Councilmember Kirkham – yes, and Councilmember
Thompson – yes. The motion passed.
19. Consideration of Bid – 2007 Sanitation Truck (documents pending):
Bruce Rose stated they did get 5
separate bids. They followed the process. We need to notify the bidders of Council’s desires. Councilmember
Bean stated the desire is to at least purchase the first truck for an automated system. He stated they will pay for the
truck and canisters out of the reserve fund. His personal feeling is that we should order another truck right after that
to be able to have one in reserve. He would not budget the next truck to come out of reserve money. He would like
to see us set up a 3 year lease payment on that truck. That way we can replace a truck every three years. He stated
COKE Financial will do lease to own. It is a lease to own, you do not have to turn it back if you do not want to. We
will only have two trucks. Councilmember Bean suggested buying a new truck and then buy a used truck as a
backup. Bruce Rose stated he would like to have a proposal back to you in 60 days or less, if possible, so we can get
it out to bid this fall and be able to shoot for April or May implementation. Councilmember Bean stated he needs it
sooner for the budget. Bruce Rose stated he will try to accelerate the process. Councilmember Bean commented
that we can provide one canister and if they want two they can buy the second one. Scott Hall stated if you figure
the life of the can couldn’t you factor that into the cost. Bruce Rose stated that is what Pocatello does. They factor
the cost and the supply of the canisters in their rate, but they do provide the can. Councilmember Bean stated we
will have to raise our rates.
Councilmember Bean motioned to reject all bids for the sanitation truck. Councilmember Kirkham
seconded. Roll call vote: Councilmember Bean – yes, Councilmember Kirkham – yes, and Councilmember
Thompson – yes. The motion passed.
20. Wesley Benjamin Utility Rate Dispute (no documents):
Wesley Benjamin stated he was here to keep a status
quo. He stated about four or five years ago he was before City Council asking to have his tenants pay their own
utilities. They had reached an agreement, at that time, that he would pay the $70 deposit for each of his units. If the
City had any problems, he would go with his tenants to absolve it. It has been this way for the past few years. It has
been blissful. He received a call from Leslie Folsom stating that it needed to be put back in his name again. He is
here today because there is not a separate shutoff for each one of his properties. Councilmember Kirkham asked if
that agreement was in writing. Wesley Benjamin stated he thinks it was not. He also owns a small strip of land
behind it. Councilmember Bean inquired to Leslie Folsom if what we are doing is trying to make things consistent
with our resolution. Leslie responded yes. Councilmember Thompson stated that this agreement has worked better
for him than for the City. Councilmember Bean stated the fact that it falls out of what our resolution says. We do
not have the ability to shut the water off. If we shut it off, then it shuts it off for three instead of the one.
Councilmember Bean suggested replumbing the building and installing three separate shutoffs as Wesley
commented he would be willing to. Ron Folsom brought up on the building permit it was not designed as a triplex.
This was billed as a single family residence, do we have a conditional use permit. Ron Folsom stated the permit is
for 36 X 50 from 1982. It was discussed the building is not in compliance. Wesley stated he bought it around 2002.
Councilmember Bean stated we need to conform to our resolution. Councilmember Bean stated he would like Mr.
Benjamin to pay the $1059.00 in back bills of his tenants because this is his property and his debt. Wesley
Benjamin stated he does not even know who owes those utilities. Councilmember Bean stated we can tell him.
Wesley Benjamin stated he had an agreement previously with the City of Ammon. Councilmember Kirkham stated
it is not in writing. Wesley Benjamin stated it should be in the minutes. Councilmember Kirkham asked him to give
us the date and time and they will go back to the minutes. Right now, they are just taking his word for it. It was
discussed Council does not have the right to make a decision that circumvents what our law states. Councilmember
Bean stated he has sat on this Council for twelve years now and does not remember this being brought up to us.
City Council Minutes 06/21/2007 -- 7
Councilmember Bean stated he has a triplex which is non-conforming use and one connection and no conditional
use permit. The resolution states it is billed to you, how you collect from your tenants is up to you. Councilmember
Bean stated he is still asking him to pay the $1059. Wesley Benjamin stated he is not willing to pay it because he
doesn’t know what it is for. Leslie Folsom stated some is for the vacancies that should have been billed. Leslie
Folsom stated a little over $400 of it is tenants that did not pay the rest of it is lost revenue during the time of
vacancies. It was discussed Council can lien the property. Councilmember Bean stated he would like to take this
situation up with Scott tomorrow rather than continue discussing it tonight. As far as the future, he will receive only
one bill for the three units. Wesley Benjamin inquired if Council wants him to prove that he had come before
Council a few years ago. Council states it does not change anything, but would clear his name. Leslie Folsom
stated she will call his tenants to tell them they will be paying him instead of the City.
21. Resolution 2007-013 – Utility Rate Corrections:
Leslie Folsom explained this will help clear up some messes
we have had with the utility rates. It eliminates any judgment calls. It clears up the PB zone. Schools changed to
go back to per student enrollment.
As a sidebar, Councilmember Bean inquired about metering the schools and how it turned out. It was
discussed we read them manually because we do not have the software for the electronic meters yet.
Councilmember Bean inquired why we purchased electronic meters and do not have the software for it. Bruce Rose
verified where we are at with that project. He stated they were read. Leslie stated there are two parts to the
software. Councilmember Bean stated he would like to have the meters read electronically, because he is not sure if
reading manually is very accurate.
Leslie Folsom stated she took out the commercial wording on the meter rate area. She also changed the
monthly charge on the dumpsters. Cans are also allowed at $36. Councilmember Bean stated he would like to make
one change that we allow cans only in specific cases that are agreed in writing. Leslie stated this way it makes it the
City’s decision whether they go cans or dumpsters. Councilmember Bean stated you are giving the department
manager the ability to make agreements that you may not know about. We need to have them in writing. Leslie
stated she is not sure how she can go back and figure those. Councilmember Bean stated we just move forward.
th
Leslie stated she left it effective April 30.
Councilmember Kirkham motioned to approve Resolution 2007-013. Councilmember Thompson
seconded. Roll call vote: Councilmember Kirkham – yes, Councilmember Thompson – yes, and Councilmember
Bean – yes. The motion passed.
DISCUSSION ITEMS
:
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1. July 5 Council Attendance:
Leslie Folsom stated Councilmember Kirkham cannot be there and she is not sure
if Councilmember Waite can be there. It was discussed we need to speak to Councilmember Waite, and if he is able
to be there we will have the meeting.
2. Misc.:
Leslie asked Scott Hall if we need to have a quorum to approve the minutes. Council discussed putting
the minutes under the consent agenda. It was discussed that would not work. Councilmember Kirkham stated she
had her annual negotiation with the county Sheriff’s office. She explained next year we will be paying $836,000.
Council discussed not paying for the DARE officer. She stated next year, the 08-09 budget, we go up to over $1
million. She stated they believe they are giving us a deal. It was discussed whether we should have our own force.
Councilmember Kirkham stated she talked with Chief Livsey and he told her a force on their own would cost more,
but they would have better service. It was discussed this is more than most cities pay. Councilmember Kirkham
stated, we are at a point, where we need to make a decision whether we want our own force. Councilmember
Thompson suggested hanging on one more year. Councilmember Kirkham stated Bud wants us to approve these
numbers and a memorandum of understanding for the next 5 years. They are worried about what direction we are
headed. They fear we will set up our own force overnight, without notice to them, and they would have to lay off
officers. Leslie Folsom stated we are not getting a lot of money with fines and we have more traffic than we used to.
Council discussed they are not in favor of paying for the DARE officer, the schools are benefiting from the DARE
officer. Councilmember Bean suggested waiting next year to renegotiate. There will be a new sheriff up for vote at
that time and we will have more leverage. Council decided we should pay $776,000 and leave it at that. It was
discussed that Councilmember Kirkham will talk with Chief Livsey to discuss the possibility of a force of our own
in the future. Councilmember Bean suggested hiring a consultant. Scott Hall stated we should sign the contract first
and then look at our other options.
City Council Minutes 06/21/2007 -- 8
Councilmember Kirkham motioned to adjourn to executive session.
The meeting adjourned at 11:18 p.m.
___________________________________________
C. Bruce Ard, Mayor
______________________________________
Leslie Folsom, City Clerk
City Council Minutes 06/21/2007 -- 9