03202008CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, MARCH 20, 2008
AGENDA
:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AMENDED AGENDA
THURSDAY, MARCH 20, 2008 - 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Thompson
Prayer – Councilmember Ellis
MINUTES:
February 21, 2008
ITEMS FROM MAYOR: Stafford Smith Annexation
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Keller & Associates - Water Update (Lee/Lance)
2.Conditional Use Permit (Requesting 2 Billboards in I&M-1 zone) – Lockridge Outdoor Advertising – Near Lincoln/Hitt
Intersection.
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3.
Conditional Use Permit (Requesting 1 Billboard in HC-1 zone) – Lockridge Outdoor Advertising – 4155 S 25 E
4.Fire Truck Mutual Use Agreement
5.Military Leave Policy (Dana)
6.Ordinance 450 – Title 8, Chapter 2 Parks and Chapter 3 Delinquent Accounts Discussion
7.Memorandum of Understanding – Flood Plain Agreement (Ron)
8.John Adams Parkway Railroad Crossing (Lance)
DISCUSSION ITEMS:
1.Automated Garbage – Lease Option (Lance)
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 Dana Kirkham (arrived at 7:49 pm)
Councilmember Lee Bean
Councilmember Rex Thompson
Councilmember Randy Waite (arrived at 8:06 pm)
Councilmember D. Ray Ellis
Councilmember Brian Powell
City Attorney Scott Hall
City Planning Director Ron Folsom
City Engineer Lance Bates
Administrative Assistant Maria Torres
City Officials Absent:
City Clerk Leslie Folsom
Councilmember Thompson led the Pledge of Allegiance to the Flag and Councilmember Ellis offered the
prayer.
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MINUTES:
February 21, 2008: Councilmember Ellis motioned to accept the minutes for February 21.
Councilmember Powell seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Powell – Yes,
City Council Minutes 03/20/2008 -- 1
Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Abstain. Councilmember
Bean abstained due to absence. The motion passed.
ITEMS FROM MAYOR:
Stafford Smith Annexation: Mayor Ard stated Stafford Smith called him about an
annexation they had asked about several years ago. He explained it is an RV plot on the west side of Hitt Road, and
they would like sewer services. They are not contiguous with Idaho Falls and cannot work out anything with Idaho
Falls. Mayor Ard talked about the agreement with the County, and offered to offer services under our agreement so
we do not cause a problem with Idaho Falls. It was discussed he is on the west side of Hitt Road and in the area of
impact with Idaho Falls. Ron inquired if it is really part of the Idaho Falls impact area. They asked Ron to double
check it. It was discussed it would matter if it is in the area of impact of Idaho Falls. Councilmember Bean talked
about the line we are dumping into being unmetered and they need to put a meter on it. He talked about us paying
for ½ of that sewer line and we should own half of it. The council asked Ron to talk to Idaho Falls about the issue.
Ron will talk to Idaho Falls tomorrow.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday March 20, 2008
License applications are pending in the City Office for the following:
GENERAL BUSINESS LICENSE 2008:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
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A.Digitalbridge Communications/Majestic Location – Cell Antenna – 1360 N. 25 E.
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B.Digitalbridge Communications/Teton Mall Location – Cell Antenna - 4381 S. 25 E.
C.Idaho Desperado’s, LLC – Commercial Gun Shop – 3890 E. Sunnyside Rd.
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D.T. And T. Landscape, LLC – Landscape – 2698 E. 14 N.
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Majestic Auto Body – Auto Body Paint & Repair – 1456 N. 25 E.
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B.Citizens Community Bank – Banking – 2797 S. 25 E.
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C.Powerhouse Coach – Manufacturing – 2901 E. 14 N.
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D.Golden State Towers, LLC – Cell Tower & Antenna – 1360 N. 25 E.
HOME OCCUPATION PERMITS 2008:
1.NEW HOME OCCUPATION PERMITS:
A. Creative Websites/Draper, Ken – Website Design – 195 Robison
2.RENEWAL HOME OCCUPATION PERMITS:
A.Arguello, Stephanie – Daycare – 1129 Curlew
B.Finikitty Soap Co. – Manufacture & Sales – 2925 Carolyn Ln
C.Finikitty Soap Co. – Accounting Office – 2835 Salmon
Business License: Councilmember Bean motioned to accept the Business License Consent Agenda for
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Thursday, March 20. Councilmember Thompson seconded. Roll call vote: Councilmember Ellis – Yes,
Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion
passed.
Accounts Payable: It was discussed there was not an Accounts Payable Consent Agenda. Councilmember
Kirkham motioned to table the Accounts Payable portion of the Consent Agenda. It was discussed they will need to
be signed. Scott suggested that Council approve it based upon the Mayor’s review and approval. Councilmember
Kirkham motioned to approve the Accounts Payable Exhibit A conditioned upon the Mayor’s approval.
Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes,
Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember
Bean – Yes. The motion passed.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
ACTION ITEMS
:
City Council Minutes 03/20/2008 -- 2
1. Keller & Associates – Water Update (Lee/Lance):
Jeff from Keller and Associates, stated he would go
through each project with Council.
He talked about Project #1 and showed the drawings to Council that have been approved by DEQ,
Bonneville County Public Works, WATCO Railroad, and Progressive Irrigation. The loan offer has been accepted
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and the project is ready to go for bids. He has an advertising date of April 2, but that is contingent upon what
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Lance says. It is 3 miles of an 18 inch water line. He estimates they could begin construction by May 22 and be
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done by September 30. Councilmember Bean inquired to Lance is he sees any reason they would not be able to
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make the April 2 date. Lance stated he did not think so. There are a few clerical issues, but feels we should be
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done by April 2. Councilmember Powell inquired if September 30 meant they would be online by that time. Jeff
stated no, there is a lot more work to get it online. This would just be the water line.
Jeff talked about Project #2 called the Booster Station/Tank/Site Utility Lines. It includes the 2 million
gallon water tank, the booster station, the utility lines – the 18” water line, the 24” water line, the 12” water line and
the overflow line. He explained the drawings shown to Council are about 80% complete. He hopes to have them
ready to submit to DEQ by mid-April with the advertising around mid-May and construction around mid-June, with
substantial completion around mid-December. Lance explained it does not include Well #11. Councilmember Bean
inquired about the booster station; he wants to know why we can’t put the booster station in first. Jeff stated the
booster station gets the water to boost from the tank. Councilmember Bean commented the important thing is that it
is online by next spring.
Jeff talked about Project #3, which is Well #11. He explained it is the new well being proposed for the
Villas. He explained Well #11 along with Well #9 will be used to fill the tank. Well #11 will be pushing the water
to the East. Well #11 does not have IDWR approval yet. We are just waiting for IDWR. Councilmember Bean
stated as soon as they get the approval, they would like to start drilling. Lance explained they will get to it, as soon
as, we can. He explained even if we drill Well #11 without the other projects done, it will not help us.
Councilmember Bean agreed and inquired to Jeff what his best estimate would be. Jeff stated that he feels Projects
1-4 will be done concurrently and he hopes they will be done by next spring.
Jeff talked about Project #4, which is Well 9 Booster Station improvements and explained it involves
tearing out the guts of the booster station and rebuilding it. When we take the pump station off line, it will mean that
Well #11 is the only well filling up the tank which delivers water to the East. They will have to temporarily tie onto
the existing 12 inch line that is there. He explained it will have a valve and will be closed when they are done.
Councilmember Bean inquired what the purpose of booster station #9. Jeff stated it will add water to Quail Ridge.
The tank is feeding the lower valley and upper valley.
Jeff talked about Project #5, which is Well #8 and the booster station. This is the new tank over in
Tiebreaker. That tank is being fed by the existing Well #8. There will be a new line to that tank and then from the
tank to the booster station. Councilmember Kirkham inquired if we have enough land for the booster station. Lance
thinks it will be a tight fit, but we should be okay. Jeff stated they hope to bid this year. It was discussed we are
building pre-stressed concrete tanks. Councilmember Bean inquired about the cost of pre-stress concrete. Jeff
stated there are not a lot of other options. They last longer if you bury them, also.
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Jeff talked about Project #6, which is the Crowley Road transmission line from 17 Street to Sunnyside. It
should be pretty easy. They are hoping to get it done this construction season which will complete the looping.
Councilmember Bean inquired to Jeff if he could do a monthly update like this for them. Jeff stated he could.
2. Conditional Use Permit (Requesting 2 Billboards in I&M-1 zone) – Lockridge Outdoor Advertising – Near
Lincoln/Hitt Intersection
: Planning Director Ron Folsom talked about where the property is located and the
location of the requested billboards. Rockwell owns the property.
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Brent Johnson, 6030 S. 45 East, stated the front 700 ft is commercial and the back 70% will be some sort
of residential. He explained the first 200 feet sinks about 3-4 feet, so you really can’t build on it. He stated he has
had the property about 4 years. Councilmember Kirkham stated she does have a problem with the second one being
close to Ivan’s Acres. Brent stated there is a buffer. Councilmember Kirkham stated she has had residents call her
concerned about the content of the billboards. Brent stated Ammon has only one street for billboards. This is the
correct zoning and it is allowed there. Councilmember Kirkham stated she does not have problem for location #1,
but has a problem with location #2.
Mike Haas stated that the location is zoned properly. He talked about the content and there will not be any
alcohol. He talked about what things will not be on the billboard. We have 3 billboards on Hitt Road right now.
Mike talked about the lighting concerns and how the lighting will differ from previous billboards. He talked that
they can turn the lights off around midnight for residential purposes. He talked about the development of the parcel
in the future and why they have placed the billboards where they are right now. It will be about 20-23 feet high.
Councilmember Kirkham inquired what the public input was from the Public Hearing for the P&Z meeting.
Tom Hunsaker, Planning and Zoning, talked about the findings from Planning and Zoning. He stated the
public concerns were with Site #2. It was discussed a big sign may be put up anyway when the property is
City Council Minutes 03/20/2008 -- 3
developed. They discussed the hours of lighting with the billboards. They talked about the school traffic around the
signs. They were unanimous on the north billboard that it would work. The south sign had two that said no. They
recommended approval of both signs, to turn off lights by 11pm and not turn them on until 6 am and the lease be
reviewed by the City Attorney regarding prohibition of provocative adult advertising. They also requested a 3 year
renewal cycle. Councilmember Kirkham stated she is holding firm with south one not being allowed because she
feels we need to respect the needs of our residents. She stated with a Conditional Use Permit there is not an
entitlement to have a billboard there. She would compromise for one and not for the other. Councilmember Ellis
talked about being opposed to billboards period for the image of Ammon.
Kent Marboe, representing Lamar Outdoor, stated they have been doing business here for 10 years. They
went through this process a few years ago with Ammon and worked with Ammon as a proactive company. He
stated the zone for the billboards was decided upon by people of Ammon and they put alot of work into it. Both
sites are legal. They are coming to Council for a Conditional Use Permit and now hear about a 3 year renewal. He
feels it is not ethical to have one for three years and have to take it down because someone does not like their
billboard. They have researched this and worked hard on it. He stated they are not putting them anywhere; they are
putting them where they can. People may not like certain billboards, but that is not what the public is saying. He
stated the Council can’t assure the content, this is not correct for the City of Ammon or Idaho Falls. He stated he
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has the right to tell people what can go up and what cannot. He talked about the 1 Amendment and the laws
regarding being next to a church. He talked about the lighting issue and the strength of the lights. Councilmember
Kirkham stated we cannot act on his word because they don’t know if he will always be there. Councilmember
Kirkham stated that she is concerned how close the billboard is to residential. Kent inquired why I&M is next to
residential then. Council agreed that is a problem. Councilmember Bean talked about restrictions they could put on
the board. Councilmember Powell inquired if they can move it towards site one. Kent stated they set it there for the
land owner. It was discussed whether or not it could be moved. The south one faces a church parking lot, not a
residence. Kent explained it is about 300-400 feet from the church and at least 400 feet from a residence. Scott
talked about the offensiveness of billboards to residents and that they all have different perceptions and the need to
protect older citizens and children. Mayor Ard inquired how often they change billboards. Kent stated it depends
on the contract. Kent talked about the lighting issue and whether or not they can get power out to it. He stated he
would eliminate #2, but not #1 in regards to lighting. Councilmember Powell inquired about the landscaping around
the billboards. Ron explained it would not have to be landscaped until the property is developed. It was discussed
landscaping can be decided by the developer. Tom Hunsaker explained the landscaping requirements. He explained
the landscaping has to be part of the lease. Tom talked about the 3 year renewal. It was discussed it is consistent for
Conditional Use Permits. Ron stated we have to determine where the right-of-way is on Hitt Road. Councilmember
Thompson inquired about the legalities of Conditional Use Permits. Scott talked about how you can approve
Conditional Use Permits.
Councilmember Bean motioned to approve the Conditional Use Permit for Site Location #1, with the
restrictions that the lighting is off by midnight and does not come back on in the morning. There are restrictions in
regards to what can go on the billboard as far as promotion of alcohol, tobacco, drugs or anything that might
promote sexually explicit items or of any nature. The restrictions for lighting are 250Watt. There will be a 3 year
renewal with staff approval. Council has the ability to pull the CUP, in the event, that the signs are not maintained.
The motion includes denial of location #2.
Kent inquired why Location #2 is being denied. He explained he met the requirements for lighting by not
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having lighting on the 2 location and met the content by restrictions. Councilmember Bean stated the denial is due
to the location. Ron explained that the location was a question. It was discussed staff doesn’t represent the public
opinion. Kent stated there were 2 people that showed up.
Councilmember Kirkham seconded the motion. Roll call vote: Councilmember Bean – Yes,
Councilmember Kirkham – Yes, Councilmember Ellis – No, Councilmember Waite – Yes, Councilmember
Thompson – Yes, and Councilmember Powell – Yes. Councilmember Ellis stated he voted no because he is
opposed to all billboards. The motion passed.
3. Conditional Use Permit (Requesting 1 Billboard in HC-1 zone) – Lockridge Outdoor Advertising – 4155 S.
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25 East:
Planning Director Ron Folsom explained where the property is located and where the billboard would be
located. Ron explained it is directly north of our well site. Ron stated there was no public input for this billboard.
He stated P&Z’s recommendation was unanimous. It was discussed Rockwell owns this land also. Councilmember
Thompson talked about whether we would want billboards in the area. He talked about locations for billboards. It
was discussed there is already a cell phone tower there.
Mike Haas, Lockridge, stated there is already a cell phone tower there. He does not see a huge
development going there and feels the cell tower is more disruptive then a billboard would be.
Brent Johnson, Rockwell Development, stated he has only heard everyone hates billboards. Brent stated
this is a commerce area and they are an attractive advertising in commerce area. He feels it is a perfect area for a
billboard and it is not next to residents. He talked about how far the church/school across the street sits back.
City Council Minutes 03/20/2008 -- 4
Kent talked about the rights of impacting what is on Idaho Falls side. It was discussed Hitt Road is owned
by Idaho Falls.
Tom Hunsaker, Planning and Zoning, reported that P&Z felt this billboard fits better in this area. They
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recommended approval. Tom talked about 1 Amendment rights.
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Councilmember Ellis motioned to deny the Conditional Use Permit for advertising at 4155 S. 25 East.
Councilmember Thompson seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Thompson –
Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Kirkham – No, Councilmember
Powell – No. Councilmember Kirkham stated because she feels it’s a reasonable place to put it. Councilmember
Powell stated he feels we do not have enough evidence to overturn a unanimous decision by Planning and Zoning.
The motion passed.
Brent Johnson inquired where you can put billboards in the City of Ammon. Councilmember Kirkham
stated we have limited commercial frontage and they are trying to make the City look a certain way.
Councilmember Bean stated the residents of this City do not want the big city feel. Kent talked about how many
people in the City of Ammon ask for billboards on Hitt Road. He stated he receives calls every day and this would
have been the perfect situation for the City of Ammon’s businesses to have a better way of advertising because they
cannot afford the newspaper, TV, radio, etc. He explained they are more reasonable and they helped make the sign
ordinance. Kent feels the Council turned it down because of individual personal opinions.
4. Fire Truck Mutual Use Agreement:
Scott talked about what the mutual agreement says. He explained it is our
fire truck to use and we will respond if we choose to do so. Stacy stated they changed a couple of dates that referred
to February that needed to say March.
Councilmember Powell motioned to accept the Fire Truck Mutual Use Agreement and authorize the Mayor
to sign it. Councilmember Ellis seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Ellis –
Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and
Councilmember Kirkham – Absent. The motion passed.
5. Military Leave Policy (Dana):
Councilmember Kirkham stated she emailed the proposal to each
Councilmember. Mayor Ard on #2 when he used it with his company he would take vacation and get paid twice.
Councilmember Kirkham stated this gives them 15 working days paid (figuring the difference between what they
make with training and what they make at the City) where they do not have to take their vacation for their training.
Scott inquired if it allows for the position to be opened. Councilmember Kirkham stated it states we have to hold
the position open for the employee. She explained he/she makes an application for reemployment within 90 days
after they are released from their training and it has to be the position or an equivalent. Councilmember Kirkham
explained she looked at alot of different ones and ours is close to Idaho Falls, but Idaho Falls offers a few more
benefits. This will become part of our personnel policy. Councilmember Bean inquired about the 160 hours of full
pay and why it does not apply to Item 2. Council discussed that National Guard does not pay for emergency call in
our own state. Councilmember Bean stated he was inquiring about the difference in paying them like we do for the
military leave. Council discussed possible scenarios. Councilmember Bean stated he would like us be more
consistent between 2 and 3. Council discussed to change Item 3 to be consistent.
Councilmember Kirkham motioned to approve the Military Leave Policy with the changes mentioned and
to be effective immediately. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Bean
– Yes, and Councilmember Powell – Yes. The motion passed.
6.
Ordinance 450 – Title 8, Chapter 2 Parks and Chapter 3 Delinquent Accounts Discussion:
Planning
Director Ron Folsom talked about the ordinance changes. He changed Item C’s language. He talked about the
Parks section, and the changes made to that portion. He discussed where there are infractions and where there are
misdemeanors. Councilmember Bean inquired if it is okay to use drugs according to this ordinance or is it not
needed to be stated because it is illegal. Council discussed it is on the last page.
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Councilmember Kirkham read Ordinance 450
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, REPEALING AND RE-CODIFING TITLE 8, CHAPTER 2, PARKS; CHAPTER 3, WATER SERVICE, SECTION 8-3-34,
DELINQUENT ACCOUNTS; AND SECTION 8-3-35, WATER RATES, FEES; PROVIDING FOR SEVERABILITY; REPEALING
Councilmember Kirkham motioned that the City
CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
Council dispense with the rule requiring the reading of the ordinance on three different days and that the three
readings be waived. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes,
Councilmember Waite – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Bean
– Yes, and Councilmember Powell – Yes. The motion passed.
Councilmember Kirkham read Ordinance 450,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, REPEALING AND RE-CODIFING TITLE 8, CHAPTER 2, PARKS; CHAPTER 3, WATER SERVICE, SECTION 8-3-34,
DELINQUENT ACCOUNTS; AND SECTION 8-3-35, WATER RATES, FEES; PROVIDING FOR SEVERABILITY; REPEALING
City Council Minutes 03/20/2008 -- 5
Councilmember Kirkham motioned to adopt
CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
Ordinance 450 as an ordinance of the City of Ammon on this third and final reading. Councilmember Waite
seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Ellis –
Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Powell – Yes. The
motion passed.
7. Memorandum of Understanding – Flood Plain Agreement (Ron):
Planning Director Ron Folsom explained
the letter has a change taking the arbitration portion out of the contract. Ron stated they have not heard from
Bonneville County, however, the County is on board. The County is $50,000, Ammon is $50,000, Foothills is
$50,000 and Rockwell is $47,000. Ron stated if you add it, it comes to more than $191,000, but the Mayor has
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allowed for a slush fund. It was discussed we have $50,000 budgeted. Ron stated the property runs from 65 North
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and runs to 65 South. Councilmember Kirkham stated we have talked about a walking path on this, but she would
like us to keep in mind that once it hits Cottonwood Hills, we have denied any walking path or access. Mayor Ard
stated there is a piece that goes through private property and we don’t know what will go there, either. Ron stated
there may be areas that the only way around it is out to the road and back.
Councilmember Bean motioned to approve the Memorandum of Understanding between Bonneville
County, Foothill Properties, Rockwood Development, and the City of Ammon relative to the Flood Plain
Agreement. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember
Kirkham – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and
Councilmember Powell – Yes. The motion passed.
Councilmember Bean motioned to approve the Williams Engineering Contract. Councilmember Kirkham
seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Ellis –
Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The
motion passed.
8. John Adams Parkway Railroad Crossing (Lance):
Lance talked about what the City was paying for and what
the County was paying for. They have changed it now to be equal shares. Scott stated he reviewed it and it was
fine. Councilmember Thompson inquired how much Rockwell set aside. Lance stated we have more than enough
to cover our half. It was discussed the $148,000 is a close estimate of the cost. Lance talked about ways to keep
cars off of the right-of-ways. Councilmember Thompson talked about the theory behind this project and having a
policy for the City to have the developer pay whatever is left. Councilmember Powell agreed and explained how we
should request funds for development of a bridge. It was discussed we thought the $35,000 was for half the bridge,
but the cost has increased over time. It was discussed this is the one that goes into Centennial Ranch. This is a
crossing in addition to the bridge. Council discussed what the $35,000 was for. Councilmember Bean stated he
thought the cost was about $150- 200,000 for the cost that we would split with the County because we are each side.
We split our half with the developer. Council discussed ways to collect for situations like this. Councilmember
Powell inquired if the funds are there for this. Lance stated they are.
Councilmember Powell motioned to approve the John Adams Parkway Railroad Crossing and authorize the
Mayor to sign it. Councilmember Kirkham seconded. Roll call vote: Councilmember Powell – Yes,
Councilmember Kirkham – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember
Thompson – Yes, and Councilmember Bean – Yes. The motion passed.
DISCUSSION ITEMS
:
1. Automated Garbage – Lease Option (Lance):
Lance stated he wanted to update us on the automated garbage
trucks. He checked into piggybacking off a contract in Idaho and nobody in the State of Idaho has bid on one of
these in the past year, so we can’t piggyback. He explained they put together a lease option for us which would
retrofit two of our existing trucks. It has about 4,000 containers in there. The total lease price is $8600 a month for
5 years or a cash price of $442,518.76. If we do a full process bid, it will be after Christmas before he could get a
truck delivered here. Councilmember Powell inquired who the dealership is. Lance stated Wayne in Indiana has
one. There are another couple of outfits that make this type. Lance stated this company has one truck with a
Condor bed, it is a cab over. They have the ability to get it here in about a month, if we go with the lease option.
Lance stated it takes a 96 gallon container off the curb; it has an arm that comes down and picks them up.
Councilmember Bean inquired if he has one in stock, why do we have to buy it on a lease rather than paying cash.
Councilmember Powell inquired if at the end of the lease there is salvage value, we can buy it then. Lance stated at
the end of the lease you would own it outright. Councilmember Bean stated we have the cash for it. He stated we
can set it up on a lease and pay it off within 30 days. Lance stated he does not know the legalities or if it would
work. Lance stated there is a prepayment penalty of 2%. We don’t have to take their lease option agreement. It
was discussed whether or not we could negotiate the 2%.
City Council Minutes 03/20/2008 -- 6
Councilmember Ellis inquired if we had looked at subcontracting this out. Council stated we did. It was
much more expensive. Councilmember Ellis talked about the costs of retired sanitation workers. Councilmember
Bean stated we will be able to cut back on staff. He also talked about our worker’s compensation costs.
Lance stated the lease option includes retrofitting two of our trucks to be tippers. We would not get that out
of a competitive bid. Councilmember Bean would like to work with Lance on this contract. Lance stated he will get
with Councilmember Bean on it. Scott stated we should talk to Bill Manwill about previous lease agreements we
have done.
2. Misc.:
Councilmember Bean inquired who makes the necessary changes on ordinances. Ron stated he makes the
changes. Ron stated they codify them as we go. Councilmember Bean stated he was concerned that it did not
happen with the former City Clerk. Ron assured him it did not and he and Scott have gone through and caught
things. This is why there were so many ordinance changes every week since the time she left. Ron stated they are
all up to date now. Councilmember Bean stated the reason he asks is because we have money set aside in the budget
for codifying and recodifying. He stated we can pull it out of the budget and move it out. Scott stated the attorneys
were previously doing that but now Ron does it as part of his job.
Council talked about laptops for Council’s purposes. It was discussed they could be basically paperless.
Councilmember Thompson stated he does not have Excel at home. Ron talked about a program you can use to open
items from Excel.
Council talked about the Eagle Drive bridge and then about its impact on Falcon Drive. Lance is okay with
it, so far. It was discussed we have had letters stating not everyone wants Falcon closed. They talked about the
possibility of a right turn in but no exit out. Ron stated the wrecks have been from people trying to get out. Scott
stated he thought we had a public hearing on it one night. It was discussed to have Leslie pull the minutes on it.
Ron stated we can, but he does not think it was a public hearing – he thinks it was public input. It was discussed to
have Leslie pull the records and see what we had decided and go from there.
Ron Folsom inquired about what Council’s reaction would be to put a blockade at Target, so you would not
be able to make a left hand turn out of Target or go straight across. They get a lot of calls about that area. We may
want to address that option. It was discussed the Albertsons exit is just as bad.
Scott inquired if anyone followed up on the Jerry Mitchell issue. There was a letter to the City back in
January. Councilmember Bean stated we need to do something. It was discussed to call Charlie about it. Council
discussed the issue was an occupancy permit for that zone. Ron stated they do not have an outside exit, so Charlie
won’t give an occupancy permit. Councilmember Bean inquired if we need to move into executive session for this.
Scott read the letter which stated he added some amenities to the storage unit that exceed the minimum requirements
for the City, the City is unwilling to give him an occupancy permit. The City is telling him to turn the storage unit
into a living space by adding an outside entrance that will be quite expensive. Since the garage storage is not living
space but is, in fact, storage space. In fact that it has additional amenities only means that it exceeds the minimum
requirements to be a storage space and the City should immediately issue him an occupancy permit consistent with
his building permit. It was discussed you need an occupancy permit for any outside structure. Councilmember
Bean stated he added an upstairs bedroom, so he needs to have an outside exit stairway to come down from it.
Councilmember Bean stated we still cannot give an occupancy permit because there are two residences on one lot.
Scott stated Charlie needs to write a letter with a courtesy copy to Scott. Councilmember Powell inquired if we
could issue a temporary CO, until he puts in the exit. Councilmember Kirkham stated no. Council feels he will not
do it. Mayor Ard inquired if we can do an occupancy permit, with the stipulation, that it is only for storage. It was
discussed to have Charlie look at it. Scott asked how we would enforce it.
Scott talked about our ordinance when someone does not pay their garbage, water or sewer. He stated the
question was if we could lien their property. Scott stated our ordinance does not say we can. Scott stated he did
research on this and he found if it is of a contractual nature, then you can lien the property. He explained there was
a Grangeville case where the tenant does not pay the bill and he is the one who signed up for services. He explained
because he did not pay it, we go back to the owner and tell them they have to pay the bill because they are the owner
of the property. Scott explained that was the same case that went to the Idaho Supreme Court. The Supreme Court
said no, you cannot lien the property because it is a matter of contractual right. Scott stated we would have to say
we do not allow anyone other than owners to sign up for services and they have to include it in their rental rate. The
owners would have to sign up for services and put in the sign up documents that they agree that if it is not paid, we
have the right to lien their property. Then it is a matter of contract. Councilmember Bean felt that would be better
for us anyway, we would have one billing rather than four. Councilmember Ellis stated that opens another can of
worms regarding metering. Ron stated a four-plex only requires one meter. He explained a four unit townhouse
requires four.
th
Ron Folsom reminded that we will be meeting on the 26 with Councilmember Ellis, Mayor Ard, Lance,
Ron and Councilmember Bean. It will be conference call at 3 p.m. posted as a meeting with our attorneys about
LID’s. Ron will email everyone about the meeting.
rd
Councilmember Kirkham stated she will not be here April 3.
City Council Minutes 03/20/2008 -- 7
Councilmember Kirkham stated she received a call from a man over in Fox Hollow. Council stated they
received a call also. Councilmember Kirkham stated the gentlemen felt he was arbitrarily tagged because there were
three other trailers on their street. He stated he cannot park it in his driveway. He stated that is the City’s fault
because of the zoning. Councilmember Kirkham stated she needs to make sure the other trailers were tagged also.
Councilmember Powell stated he talked to Shawna about it and she does enforce the ordinance and tags all trailers
and she did not single him out. She stated she was not sure whose it was. Councilmember Kirkham stated he also
has two trailers. Councilmember Powell stated he tried to call him back and will call him again. It was discussed it
is an issue for utilities and emergency access.
Councilmember Thompson inquired about impact fees. Councilmember Kirkham stated she feels we are
interested. Council discussed we need to put together a plan. It was discussed we need to put it in a work session.
Councilmember Powell inquired if the impact fee would raise enough money and that may be the big negative.
Councilmember Ellis talked about different examples with impact fees in different cities. Council discussed we
have a lot of options and we need to look at a direction to take. Councilmember Ellis stated there are other
companies to look at for impact fees also. Councilmember Powell talked about talking to another City in the
situation and see what they did.
Stacy Hyde talked about storage containers. He will share with Leslie the information because she may
have stuff she would like to store there.
Councilmember Thompson motioned to adjourn to executive session pursuant to Idaho Code 67-2345(f).
Councilmember Kirkham seconded. All in favor, the motion passed.
The meeting adjourned at 10:37 p.m.
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C. Bruce Ard, Mayor
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Leslie Folsom, City Clerk
City Council Minutes 03/20/2008 -- 8