08212008CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, AUGUST 21, 2008 - 7:30 P.M.
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AMENDED AGENDA
THURSDAY, AUGUST 21, 2008 - 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Ellis
Prayer – Councilmember Thompson
MINUTES:
None
ITEMS FROM MAYOR:
Appoint Jennifer Belfield – City Treasurer
Pearl House Block Grant
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Tiebreaker School Crossings (Guy Blisner)
2.Change Order Request – Fire Station Remodel (Stacy)
3.Change Order Request – Well #10 – High Plains Drilling (Lance)
4.Approve Notice of Award for Hill Tank #1 (Lance)
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5.Amended Plat – Sand Creek Place – Division 1 – 1 Amended
6.Preliminary Plat - Ammon Park Center – Division #3
7.Final Plat – Ammon Park Center – Division #3
8.Site Plan – Ammon Park Center – D3, B1, Lot 1
9.Final Plat – Brogan Creek (Pulled)
10.Feasibility Study for Fire & Police by Steve Kent (Dana)
11.Ord. #464 - Title 10 Proposed changes to chapters 5, 8, 9, 16, 17, 18, 28, 29, 34
12.Resolution 2008-011 - Parking Violations
13.LID/CID Option for Tiebreaker Area (Dana)
Garbage Rate Proposed Increase (Leslie/Ron)
14.
DISCUSSION ITEMS:
1.
Closing Office Doors (Brian)
2.
Ammon Days
3.
Utility Collections – Liens (Leslie)
4.
Swale Enforcement Direction (Ron/Lance)
5.
New Forms for Employees (Jennifer via Leslie)
6.
Misc.
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham
Councilmember Brian Powell
Councilmember Randy Waite
Councilmember Rex Thompson
Councilmember D. Ray Ellis
City Attorney Scott Hall
City Clerk Leslie Folsom
City Planning Director Ron Folsom
City Engineer Lance Bates
City Officials Absent:
Councilmember Lee Bean
8-21-2008 Council Minutes Page 1 of 9
Mayor Ard opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South Ammon Road. Councilmember
Ellis led the Pledge of Allegiance and Councilmember Thompson offered a prayer.
ITEMS FROM MAYOR:
Appoint Jennifer Belfield – City TreasurerCouncilmember Kirkham motioned to appoint Jennifer
Belfield as the City Treasurer. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes,
Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Ellis - Yes, Councilmember Powell - Yes.
The motion passed.
Pearl House Block GrantMayor Ard would like to send a letter to Pearl House that the City had done
its obligation and if Pearl House defaults then they will be obligated. Councilmember Ellis stated that Ted Hendricks had
mentioned that he should have an answer on Pearl House in 10 days. Council wants to be kept aware of the happenings and
hold onto the letter until more is known. Mayor Ard asked that it be put on the next council meeting until more facts are
known.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday August 21, 2008
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE 2008:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
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A.Jennings, Amber Michelle – Daycare Employee/Sunny Days Daycare – 4366 E 17 St.
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B.Hansen, Brittany – Massage Therapy – 3039 E 17 St.
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C.PoJo’s Family Fun Center, LLC – Arcade – 2625 S. 25 E.
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D.Neftah-Hansen, Kristine – Daycare Employee/Lighthouse Montessori – 2664 E. 1 St.
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Window World of Eastern Idaho – Retail Sales – 3330 E 17 St.
B.Technology Associates (Verizon Wireless) – Cell Tower – 2483 S. Eagle Drive
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C.TJSports Custom Screen Print & Embroidery – Retail Sales – 2788 E. 14 N.
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D.DaVi Nails – Nail Salon – 1201 S. 25 E.
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E.Erikson Law Office – Law Firm – 3456 E. 17 Street Suite #280
HOME OCCUPATION PERMITS 2008:
1.RENEWAL HOME OCCUPATION PERMITS:
A.
New U – Salon – 3320 Molen
Councilmember Waite motioned to accept the consent agenda as presented. Councilmember Powell seconded.
Roll call vote: Councilmember Kirkham - Yes, Councilmember Powell - Yes, Councilmember Ellis - Yes, Councilmember
Thompson - Yes, Councilmember Waite - Yes. The motion passed.
Accounts Payable – Exhibit A Ray asked Lance concerning the $84,000 on the railroad. Lance this amount is
half of the electrical cost of the project. The County has to fulfill their part. The amount is what was expected. Brian inquired
on the High Plains payment for $44,000. Lance stated this is a progress payment of the total contract for $110,000. It is
almost finished and the payment is close to halfway. Councilmember Kirkham inquired concerning the janitorial payment.
Leslie stated that the increase in services isn’t scheduled until October.
Councilmember Kirkham motioned to accept the accounts payable as presented. Councilmember Ellis seconded.
Roll call vote: Councilmember Kirkham - Yes, Councilmember Powell - Yes, Councilmember Ellis - Yes, Councilmember
Thompson - Yes, Councilmember Waite - Yes. The motion passed.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
8-21-2008 Council Minutes Page 2 of 9
ACTION ITEMS:
1. Tiebreaker School Crossings (Guy Blisner):
Lance wanted Guy to explain how the parking lot worked since it was the first day of school. Guy Blisner, Health
Safety and Security Coordinator for Dist 93 explained the layout of the parking lot. The East Entrance to Tiebreaker is
now an entrance and exit with a loop across the entire front of the building. When they leave we are asking to make a
right turn only. This morning was moderately successful since everyone wants to take their child on the first day of
school. As they become accustomed to the flow, the flow will get much better. There were a couple of police officers
helping to direct traffic which helped get the attention of the public They are working on staff parking outside of the
front parking area. Councilmember Thompson is concerned that the way it is striped people thinks it is no parking. Guy
stated it is signed drop off and no parking. Councilmember Thompson suggested painting the curb side “no parking” red.
He also wonders about the signage for handicapped parking. He saw a vehicle with a handicapped sticker in the no
parking area and no one in the vehicle. Guy explained parking is allowed on a limited time basis to allow someone to
take them in with the wheelchair. Councilmember Thompson would like people to exit onto First Street. Guy stated he
absolutely would not allow that. This would put traffic going two directions forcing children to cross traffic. Guy stated
this is against engineering standards. Statistically the most dangerous place for a child is the parking lot.
Councilmember Thompson inquired if some striping could be done on the north side of the school for no parking. Guy is
addressing a portion of that now but they will put red on the curb.
Dennis Dunn, 705 Tennis Court Drive would like them to look at a guard. Lance it will take some education to do
this new route and putting a crossing guard out there is taking a huge step back. Councilmember Ellis inquired how long
the police department will be assisting the school. Guy stated they will be assisting for approx. two weeks.
Councilmember Kirkham suggested giving the plan, which is in force; 30 days to see if the public can be educated and
then we can revisit it if there are any problems still existing. Lance stated the school is private property and the Council
can’t force them. Scott Hall stated they are on a conditional permit and we can take steps. Councilmember Thompson
agreed to wait 30 days. Lance explained that the crosswalks on Tiebreaker and John Adams were installed today. The
third one on the East leg was not put in. Councilmember Thompson did his own poll of five people and it was five for
five pedestrians that would like the next crosswalk to be located at the north side of Matchpoint. Councilmember
Thompson stated his kids have crossed the street, without any crosswalk, for six years. Councilmember Thompson would
like to recommend a crossing guard. Guy stated the State Code requires a crossing guard if is an elementary and
restricted speed school zone. Lance this is not a school zone. Councilmember Thompson asked Scott if we don’t put a
guard there, are we liable. Scott stated only if it is an arterial. Guy stated it’s required to be manned on arterials. Scott
said there isn’t any liability – it’s just on the driver whenever there is a crosswalk. Councilmember Kirkham stated the
battle is the enforcement and we don’t have the ability for the enforcement. Lance will try to contact the gentleman on
the northwest side of Matchpoint and Tiebreaker, where the crosswalk would be located, to move his trailer.
No motion was needed on this action item.
2. Change Order Request – Fire Station Remodel (Stacy):
Stacy Hyde, Fire Chief, 4125 E. Wanda, when the contract was done with J&J Construction we knew there would be
some things that we hadn’t thought of and this order is to address some of these. These are electrical and plumbing
subcontractor’s additions, of which, the total is $2080. There is an estimate for the labor and install of the range and
lighting for upstairs, of which, the total of the bid is $700. Councilmember Kirkham how does this affect the overall
budget. Stacy stated it is within his total budget – it won’t be over. He has saved money in health and safety, training,
wages, meetings and travel expenses. Stacy explained the total of everything is the $2250 that has not been spent and the
$2080 which has been spent. Stacy stated this should be the last change order. They are approx. 50% done.
Councilmember Powell wants to make sure this is the last change order.
Councilmember Powell motioned to approve the change orders for the fire station remodel. Councilmember Ellis
seconded. Roll call vote: Councilmember Dana Kirkham - Yes, Councilmember Brian Powell - Yes, Councilmember
Ray Ellis - Yes, Councilmember Rex Thompson - Yes, and Councilmember Randy Waite - Yes. The motion carried.
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3. Change Order Request – Well #10 – High Plains Drilling (Lance)
Lance explained that High Plains Drilling has asked for an extension of the contract for 30 days. He has asked Tom
Wood to compile a daily log which shows that the contractor has been on site 47 of the 58 possible days.
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Tom Wood, Clearwater Geosciences, 1800 East 49 S. Idaho Falls, ID. Clearwater did the test wells, is the designer
of the well and represents the City on the job site. High Plains was very seriously stuck for 3 weeks with $90,000 worth
of tools in the hole and was unable to get the tools free. In the process, they were not able to remove the surface casing
8-21-2008 Council Minutes Page 3 of 9
and went the extra mile to go to Salt Lake City to pick up some extra tools. They brought on a different drilling rig and
it’s been successful in getting through some layers. At 259 feet there was alot of water the upper fracture zone is 25 feet
thick and went down to 296 feet and picked up another layer then at 300 feet hit a silt layer. We have two good fracture
zones. Our target has been 2500 gallons per minute and it looks doable. The test well was quite a bit different than this
well even though they are only 70 feet apart. We have a fairly narrow zone and would like to install a well screen which
is basically wire wrapped and has dimension to it which allows much more water to come in. The standard method was
perforations but they thought we would have over 100 feet of water bearing zone but we have only 25 or 30 feet of water
bearing zone and the screen is more money but on average a high flow screen will get about 50% and the best with well
perforations is 10 - 15% so we will have more open area to allow water in. Councilmember Thompson asked what’s the
downside. Tom stated it’s just the expense. Mayor Ard asked how many feet do we have to screen. Tom said it’s 25 –
30 feet. Councilmember Kirkham what is the cost of the screening? Lance stated for a 16 inch high flow screen its $265
per lineal foot so roughly $10,000.
Dennis Dunn, 705 Tennis Court, the advantage to screen is that you can size the open area to the material that you are
producing the water from so you do not produce sand, or other materials. The larger open area means you have a much
slower entrance velocity for a given flow rate which means not moving material from outside of the screen after the
development period. If you operate within the screen perimeters, you should not get any biofouling calcium carbonate on
the screen. The water draw down cone is a lot smaller. The screen allows a more efficient well with lower power costs.
The screen usually is paid for in a couple of years Lower turbulence doesn’t eat your pumps resulting in lower pump
maintenance. If you put the telescoping screen in and don’t perforate the casing it allows us to grout in a 14 inch screen
and if the aquifer ever becomes contaminated the bottom can be drilled out so we have flexibility in well design. It allows
us to pull the screen, if you need but we shouldn’t need to. It’s just a no lose situation. Tom stated it’s a 16 inch casing
so a 14 inch screen would be used. Councilmember Thompson asked if we would get 2500 gallons per minute. Tom said
easily and he is being very conservative but we might have twice that but doesn’t want to commit to it. This area is prone
to sand. Tom said there will be additional costs - 14 inch pipe, K packer, $1000 misc. and two days for installation. He
estimates $15,000 and we will have some deductions because we didn’t go as deep. We are currently at 302 feet but we
had projected 350. Lance stated we will need a change order and doesn’t feel it’s bad to go another 30 days. Dennis said
they could ship the screen within 7-8 days. Discussion ensued concerning the construction time delays. Lance wanted the
council to get the information tonight and with this information he would like them to extend the contract by 30 days.
Tom said the screen manufacturing takes 2-3 weeks. With the screen it will be longer than 30 days. There is a 24 hour
pumping test also. Tom stated we do need a decision quickly to order the screen. Councilmember Ellis said he drove by
the well site day after day and there were several days that there was no one there. Tom said it could mean they were
there 1 – 8 hours. Lance suggested doing this as a single change order as a screen and extending the contract and not lock
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in on 30 days. Councilmember Powell asked when it was suppose to be done. Lance it was August 11 so we are now 10
days past contract. Councilmember Powell reviewed the possible future time delay which would be 7 days for the screen,
transit time, and testing of approx. 10 days. Tom will be subcontracting out the pump work. Councilmember Kirkham
discussed whether we would even go after liquidated damages. Lance suggested a hold on granting the 30 days but do it
all at once so it may be a 40 extension in the overall contract and we can negotiate the days. They still will not be granted
anything but they will get some additional days with this screen.
Councilmember Kirkham motioned to table the change order request for Well #10 for High Plains Drilling for the
request of an extension of time. Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham - Yes,
Councilmember Ellis - Yes, Councilmember Powell - Yes, Councilmember Thompson - Yes, and Councilmember Waite -
Yes. The motion passed.
Councilmember Kirkham motioned to approve the addition of a screen on Well #10 with an estimate of $15,000.
Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Ellis – Yes,
Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
4. Approve Notice of Award for Hill Tank #1 (Lance):
Lance explained that Sommer Construction is the low
bidder. This action will allow Mayor Ard to sign the notice of award.
Councilmember Ellis motioned to authorize the Mayor to sign the notice of award for Sommer Construction in the
amount of $4,234,000. Councilmember Waite seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember
Waite – Yes, Councilmember Kirkham - Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The
motion passed.
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5. Amended Plat – Sand Creek Place – Division 1 – 1 Amended:
Ron stated this location is next to Wal-Mart
and attached to the strip mall. The parking is strange because it includes everything not used by the strip mall. They have
a motel site plan coming for the lot to the immediate east. Tom Arave, who owns the lot to the east, contacted the owner
of this property but hasn’t discussed with them the possibility of an access agreement. Ron suggested having the engineer
8-21-2008 Council Minutes Page 4 of 9
talk again with the owner and see if they could get an access. Ron stated the adjacent lot has two accesses onto Curlew
because its zoning will only allow parking and landscaping on its eastside.
Councilmember Thompson motioned to table until we get more information about property going adjacent.
Councilmember Powell seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Powell – Yes,
Councilmember Kirkham – Yes, Councilmember Ellis – Yes, and Councilmember Waite – Yes. The motion passed.
6. Preliminary Plat - Ammon Park Center – Division #3:
Ron stated this plat includes the 15 foot strip north of
Ace Hardware plus all of the property north to Briarcreek Lane and east to Ammon Road excluding where the Veterinary
Clinic is. Ron explained they are resizing the lot and will come in to amend the plat as it goes. The property includes one
large lot (Lot 2), and one small lot with frontage on Ammon Road (Lot 1).
Councilmember Kirkham motioned to approve the preliminary and final plat for Ammon Park Center – Division #3.
Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes,
Councilmember Ellis – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
Final Plat – Ammon Park Center – Division #3:
Thisitem was motioned with Item #6.
7.
Site Plan – Ammon Park Center – D3, B1, Lot 1:
Lance stated the entrance from Ammon Road is more of a
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driveway which is 24 feet wide instead of a commercial entrance that could be 50 feet wide. Lance feels OK with this
since it is essentially close to what is needed but they don’t have any more room to do more. Scott inquired if this gets
Ammon Road to 4 lanes and if so, does it have slow down problems. Lance replied you will have some but they
recommend 330-350 feet between entrances and they are within BMPO’s recommendations. Ron requested that the
council instruct him to review and add his recommendations into the development agreement. In the annexation
agreement for this property, it says they have to improve Ammon Road from Briarcreek down to where Walgreen’s is.
Ron knows that Dean’s intent is to improve Ammon Road with curb, gutter and sidewalk. Currently the development
agreement does state that the developer shall install to the City of Ammon’s specifications infrastructure improvements on
the Westside of Ammon Road including asphalt, curb, gutter, utilities, sidewalks and right-of-way. Such right-of way
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shall be designed and installed to match the asphalt and lanes directly South into Ammon Road and the 17 Street
intersection. Councilmember Thompson stated this is 5 lanes. Ron stated there are frontage fees on that lot. Lance has
suggested the two property owners who are looking at putting in John Adams through - (Ratliff) north of Briarcreek and
Dean Mortimer south of Briarcreek get together and have it done at the same time for cost savings.
Councilmember Ellis motioned to accept the site plan for Ammon Park Center, Div 3, Block 1, Lot 1 subject to the
final approval of the development agreement. Councilmember Kirkham seconded. Roll call vote: Councilmember Ellis
– Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and
Councilmember Waite – Yes. The motion passed.
9. Final Plat – Brogan Creek (Pulled)
10. Feasibility Study for Fire & Police by Steve Kent (Dana):
Councilmember Kirkham stated she has not
received the proposal from Steve Kent.
Councilmember Kirkham motioned to table the feasibility study for police. The study is not for fire. Councilmember
Ellis seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Ellis – Yes, Councilmember Powell –
Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
11. Ord. #464 - Title 10 Proposed changes to chapters 5, 8, 9, 16, 17, 18, 28, 29, 34:
Councilmember Thompson
inquired concerning single family attached, why we added the word “townhouse”. What is the definition of townhouse?
Ron stated we are trying to differentiate townhouse from condominium. Tom Hunsaker, P&Z explained the international
building code changed the rules. Condominiums are also considered to be single family so we had to change our
ordinance differentiating properties with zero lot lines (townhouse properties from condominiums). Other changes favor
more ownership possibilities and fewer rental-only situations. These word changes allow us to go forward. Ron stated
that condominiums are defined specifically in the state code. Condominiums are designed so the green space stays under
one ownership and they own the building shell and surrounding air space. Condominium owners don’t own the outer
walls or structure, they own the space within the outer wall. Townhouse owners own their portion of the property,
building and structure. A property meeting City townhouse standards could also be condo platted. Councilmember
Powell asked if a condominium has tenants in common and a townhouse is individual ownership of the building and
property. Ron stated normally townhouses own front and back yards with the people on the ends owning the front, back
8-21-2008 Council Minutes Page 5 of 9
and side yard. Tom gave the definition of a condominium as being the living unit with the inside surface of the outer most
walls, the surface of the bottommost floor, the top ceiling surface but not the attic and everything within it is what you
own. The rest is owned in common with the homeowners association. A townhome definition is beyond the paint it goes
into the middle fire wall and the ground in front, back, underneath and the attic. Councilmember Thompson’s concern
with townhomes is like Greenfield and the tendency to rent it out. Tom said with townhomes if you can get at least one or
two owners on site, they tend to look over all the rest of the townhomes. Ron said using Greenfield as an example of
townhouses is not right. We don’t allow that type of development within the zones anymore. The layout of the
development would be required to be different. Eagle Point is 12-1300 sq ft and this is a good example. Ray thinks we
will see the demand for housing and their ability to obtain has dropped off which will force people into rental situations.
Councilmember Ellis feels it’s not a matter of density but quality. He feels it will be 2011 before this economy turns
around. Tom reviewed what type of parking people are going to use. Ron said part of the consideration would be if
someone came in with a condo plat with underground storage would we allow those spaces to be garages. Boise recently
allowed a 911 sq ft. condo unit and only allowed one parking space and you could buy another parking space for $15,000.
Ron has cleaned up language that the building dept. will issue permits but the zoning administrator will verify they are
OK We have added penalties for the certificate of occupancy and made it consistent with the building code. The
language has been changed so it refers to a misdemeanor instead of a fine. Chapter 9 has added reasonable conditions for
variances and conditional use permits that you may include and helps explain what we are permitting or denying. A
special use permit shall not be considered as establishing a binding precedent to granting other special use permit and a
special use permit is site and use specific and not transferable from one parcel to another. R2A and R3A language has
been changed to 10 dwelling units if they do multi-family and 12 dwelling units as a single-family. Ron and
Councilmember Ellis have concerns that we might be held prejudicial with this. Scott Hall concurs. Richard Jaussi stated
in the Planning and Zoning meeting that anything we can do to encourage ownership over rental possibilities we want to
do. This has been written so if someone wanted to own an apartment is to make it possible with the construction.
Councilmember Ellis said the question is 10 or 12 and he would like to study it some more. Councilmember Thompson
feels our affordable houses should be our older homes. Councilmember Ellis stated the thing that is driving ownership
into townhomes and condominiums is the cost of the land. Councilmember Powell feels people buying townhomes are
those that are trying to downsize and receive lower maintenance. Councilmember Kirkham stated we don’t have control
over how many townhomes come into our area in the R2A zone. Ron remarked what we are asking is would we rather
have a 1100 sq ft home than a 1000 sq ft apartment. Councilmember Kirkham stated if we set it at 12, we are encouraging
townhomes over apartments. Ron said most 4 plexes are wonderful investments but they are often owned by people out
of State.
Councilmember Ellis motioned to table Ord 464. Title 10 proposed changes. Councilmember Thompson seconded.
Roll call vote: Councilmember Ellis - Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes,
Councilmember Powell – Yes, and Councilmember Waite – Yes. The motion passed.
12. Resolution 2008-011 - Parking Violations:
Councilmember Kirkham motioned to accept Resolution 2008-011
as presented. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell
– Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes and Councilmember Waite – Yes. The motion
passed.
13. LID/CID Option for Tiebreaker Area (Dana):
Councilmember Kirkham has only received feedback from
Randy but first of all do we want to go ahead or not. Mayor Ard stated if we don’t have the support from the people
then... Councilmember Thompson stated if we include First Street then we would have to include the County but if we put
Curlew and John Adams by themselves then the undeveloped commercial property owners pay for it. Councilmember
Kirkham said another option is pursuing the CID but we don’t necessarily understand all the perimeters. Councilmember
Powell we need to keep in mind that the current property owner would have to do the CID. Councilmember Ellis stated
improvements would make the owners’ land more valuable. He would like to see us proceed and see what the community
wants to do. The problem is that we could spend the money and still have it turned down. Councilmember Ellis stated the
key to success will be how well the consultant gets the public input. Councilmember Kirkham stated we can still move
forward and award it. Maybe we start the process and not have to go the full $30,000 but maybe $15,000. Lance said you
are giving them the object to negotiate the option. Councilmember Kirkham stated we have a problem and we need to fix
it and we need the funding and our levy rate is not going to change so the bottom line is where are the funds going to come
from unless we wait on development and the people have to wait to get the problems solved. It might not be popular but it
would be best. Councilmember Ellis believes there is some benefit to Tiebreaker and there is some to Hillview. He feels
we are a long way from the scope but he feels we should be proactive. Councilmember Powell doesn’t feel the timing is
good with the economy. Councilmember Ellis feels that financially for the City it would be best to get this commercial to
develop into some major stores. When the land sells the buyer has the right to pay if off ahead of it. Ron said you can base
8-21-2008 Council Minutes Page 6 of 9
it on sq ft and benefit. Councilmember Powell doesn’t want the property owners to be burdened. Lance mentioned that
Councilmember Bean has removed it from the budget so that we could balance the budget. Councilmember Ellis stated we
can put it in for the public hearing to bring it back in. Ron stated that Bruce Patterson found out that the budget can be
opened at the end of the year not every time we are changing an area. Councilmember Kirkham asked what happen if we
can’t define the scope of the area. Lance stated whichever consultant you choose will be working for you.
Robert Taylor, 4279 Miranda Lane asked what is this all about? Councilmember Kirkham responded that there is
congestion in Tiebreaker because some of the roads need to be punched through so we are looking at a LID. Mayor Ard
explained if we fund it, then the LID would pay the bonds off from property taxes. Councilmember Powell explained that
the City would be the guarantor of the bonds. Councilmember Ellis feels that growth usually spurs investments and when
the economy turns around this will be prime property.
Dennis Dunn, Tiebreaker said we have all these extra kids without school crossings and what are we going to do
about snow removal. The area is very unhappy and they can’t get out onto First Street in the mornings. Councilmember
Kirkham stated the idea of the LID is to alleviate traffic problems with part of the LID adding a stoplight. Dennis thinks
we should just leave it alone. “Do I like the idea of an LID, no, would I pay for it, yes”. Councilmember Kirkham
mentioned the one thing you gain is having a capital improvements idea for this area. Scott will further educate the council
on LID’s.
Councilmember Kirkham motioned to move forward with the LID/CID option for the Tiebreaker area and enter into
negotiations with Keller and Assoc. Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham – Yes,
Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Waite
– Yes. The motion passed.
14.
Garbage Rate Proposed Increase (Leslie/Ron): Ron stated that Leslie inquired why we were only increasing
residential rates and not across the board. Councilmember Bean has asked Leslie to review it. Leslie explained how she
worked the figures which will include the apartments and commercial. She has reviewed the competition on our dumpsters
and wants to also include the rental factor. She will be working the figures across the board , if the council concurs. With
the council’s permission, she will coordinate with Councilmember Bean on the figures and get it published in time to meet
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the October 1 effective date. Councilmember Powell asked if the City is cash flow positive on our garbage. Mayor Ard
stated we need to change the rates to be positive. Councilmember Ellis stated with the cost of fuel, salaries and
workmen’s compensation it has pushed the sanitation expenditures.
No motion was needed. The council gave Leslie permission to continue with the figures and to revamp it across the
board.
DISCUSSION ITEMS:
1. Closing Office Doors (Brian):
Councilmember Powell inquired as to why we have the door open into the City
office. He stated it has been mentioned that if we close the door, we aren’t a friendly city. Scott stated it won’t make a
difference unless we glass the window. Councilmember Ellis recommends splitting the door in half. Councilmember Powell
asked if there is a need for citizens to be there. The City has a lot of residential information behind the doors.
Councilmember Kirkham stated constituents are invited back to talk with the Treasurer and City Clerk but if we are concerned
about security that door won’t make a difference if someone wants to harm the staff. Leslie reminded the council that they
have asked the staff to be more friendly and atmospheric in the office and the staff has been working hard to accomplish this
and is concerned if this is a contradiction to their recommendation. The council feels this would be alright. Councilmember
Kirkham stated that our budget is extremely restricted this year. Councilmember Kirkham asked Councilmember Powell to go
out and price the glass window. Leslie stated if we ever construct a new building or remodel, we will need to consider this.
The council discussed going to Security Badges, in lieu of a time clock. Councilmember Kirkham mentioned that even with
all the security precautions are there are risks. She was working with the CIA when the Pakistan terrorist got through and they
had tremendous security measures.
2. Ammon Days:
Leslie reminded the council of Ammon Days which is Saturday and the gazebo ribbon cutting. She
was told 10:30 a.m. for the ribbon cutting but the Mayor was told 10 a.m. Everyone will try to be there at 9:45 am. Leslie
mentioned that Biolife will probably join Ammon next year for the event.
3.
Utility Collections – Liens (Leslie): Leslie advised the council that we have been paying 50% into collections on
accounts. She would like to see an ordinance written to include filing a house lien for their indebtedness. The council agreed
to proceed and to do the liens once a year, in July, with the County.
8-21-2008 Council Minutes Page 7 of 9
4.
Swale Enforcement Direction (Ron/Lance): Lance brought the council up to date concerning the letters that went
out in Eagle Point subdivision giving them 20 days which will be up this Sunday and not many have made any changes what-
so-ever so where do you want to go next and Shawna did a door hanger but the ordinance said certified mail. Councilmember
Kirkham recommended a second letter saying 20 days or we will come in and lien the property. Councilmember Ellis sees
two problems – one is the people received the letter thinking it was a weed problem rather than a swale problem, two were
given a visual judgment by Shawna and some of the property owners think they are in compliance. Councilmember Kirkham
said that Jason and Rick went out and concurred. Lance has talked with several and giving them instructions to get into
compliance. He has given it in writing with pictures in with the letter. He has giving them an option they can add rock if they
go 12 inches down. They have asked for extensions which he has requested a letter stating when they will have them done and
as of today, he has received zero letters. He feels there are some that have started working but are not where they should be.
Councilmember Kirkham feels that once you get it started, the majority will comply. Ron said the contractor was good and
the swales are in but there are weeds. The original letter stated the City would take action and he wants to know what the
action is. Councilmember Ellis feels we should get an estimate on average on each individual area of what will it take to bring
it up to code. Scott recommended a courtesy letter explaining how a swale should be. Then a certified letter with an estimated
cost at such and such with date as to when it should be done. Leslie explained that Shawna did put out in the first letter how a
swale should be. Ron said you can use a certificate of mailing, which is cheaper, instead of a certified letter. Roy told Lance
that he could not do a swale. He explained to Roy why it was required. Lance explained that in the spring there were a lot of
problems in this area. Councilmember Thompson asked why we were concerned. Scott stated that we must be consistent with
the rules. Councilmember Ellis stated that this area needs to contain all of their runoff. Ron stated the majority of them have
no swale at all. Lance said that Ammon has not had a major storm event, which would put most of the unenforced areas into
problems. Councilmember Ellis asked if the homeowners have to remove the sod every 5 years to redo the swale.
Councilmember Kirkham said yes but it works. Lance will get with Shawna to work on individual property letters to help
bring the properties into compliance.
Scott sent out 5 letters to people in the Cottages, whose sidewalks we put in, who have not paid or not held up to their
payment contract. They have 12 days to pay it in its entirety or we will file suit.
5. New Forms for Employees (Jennifer via Leslie): Jennifer asked Leslie to approach the council and get
permission to send all new applications for Persi, W2’s etc. to update the employee files. The council agreed.
Councilmember Ellis commended Jennifer on her financials. Leslie mentioned that Jennifer, after she has balanced
the financials on the third Thursday of the month, will present them to council. If another financial is requested in-between
this time, it will still be the same one presented after balancing to help avoid any confusion in the future. Mayor Ard said
receiving one that is accurate is what is important.
6. Misc.
: Councilmember Ellis asked with the costs of the meters at $500 plus do we want to raise our meter fee.
Leslie seemed to remember the council discussing doing the actual meters into the developments instead of collecting the
meter fees for the City to install at a later date. We had been told that the meters have a 25 year warranty. This will help the
City to be proactive and the City would only have to look at the past developments to add the meters instead of the growth
increasing the expense to the City. Old Ammon started out at $50, which is what we collected; now we are at $500.
Councilmember Kirkham asked to put this on the work session.
Councilmember Ellis asked how close we are to going to bid on the garbage truck. Lance explained he has not
specked it out. Councilmember Ellis wants Lance to get going on the speck.
Councilmember Waite explained Ken has found someone who can install disk golf. Ken is currently looking at
a 9 hole in McCowin and possibly each of the other three parks will get 3 holes. The council approved.
Councilmember Kirkham updated everyone concerning the sheriff’s contract. From the original contract we
countered $934,985, they countered at $962,452, then we countered at $913,882, and now we have compromised at $929,031
(includes the Dare Officer) with the major discrepancy of the Dare Officer. The City can pay for the Dare Officer or we have
to start all over again. The council is fine as it stands.
rd
Leslie asked the council who they would like to go to the free Workmen’s Compensation Seminar Oct 23 in
Idaho Falls. The council wants Leslie, Jennifer, Charlie, Ken, Jason and Lance. These are the ones with employees.
Councilmember Kirkham motioned to adjourn to Executive session pursuant to Idaho Code 67-2345 subsection 1 (f)
(j). Councilmember Powell seconded. Roll call vote: Councilmember Kirkham- Yes, Councilmember Powell - Yes,
Councilmember Waite - Yes, Councilmember Thompson - Yes, and Councilmember Ellis - Yes. Scott Hall requested that
Leslie stay for the executive session.
8-21-2008 Council Minutes Page 8 of 9
The meeting adjourned at 10:50 p.m.
___________________________________________
C. Bruce Ard, Mayor
______________________________________
Leslie Folsom, City Clerk
8-21-2008 Council Minutes Page 9 of 9