09032008CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
WEDNESDAY, SEPTEMBER 3, 2008
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AGENDA
WEDNESDAY, SEPTEMBER 3, 2008 - 7:30 P.M.
(NOTE DATE CHANGE FROM THURSDAY TO WEDNESDAY)
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Waite
Prayer – Councilmember Kirkham
MINUTES:
June 12 – Work Session, June 12 – Regular Session and July 3, 2008
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
PUBLIC HEARINGS: -
Hearing #2008-025FY 2009 Budget
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Ord. 465 - Annual Appropriation FY 2009 Budget Bill
2.Approve L2 Tax Levy - Authority to Levy Property Taxes
3.Final Plat – Brogan Creek
4.Site Plan – Oakridge Div. 2 – Motel
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5.Amended Plat – Sandcreek Place – Div 1 – 1 Amended
6.Ord. 464 & Summary – Title 10 Proposed Changes to Chapters 5, 8, 9, 16, 17, 18, 28, 29, and 34
7.Change Order – Sommer Construction – Rock Clause (Lance)
8.Change Order – High Plains Drilling – Screen and Time
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9.Speed Limit Adjustment 1 Street- recommend changing to match Idaho Falls (35 mph) instead of Ammon’s (40 mph)
10.Ross Sewer Lift Station – update on issue and recommend installation of bio-filter on vent outlet to control odor issues – approx. $5000
(Lance)
11.Feasibility Study for Police by Steve Kent (Dana)
12.Police Contract (Dana)
13.Persi Firefighter/Police/Employees Past Contributions (Leslie/Jennifer)
14.Notice of Award Well #11 (Lance)
DISCUSSION ITEMS:
1.Public Works Operator Update (Lance)
2.Pearl House Block Grant
3.Misc.
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Brian Powell
Councilmember Randy Waite
Councilmember Rex Thompson
Councilmember D. Ray Ellis
City Attorney Scott Hall
City Clerk Leslie Folsom
City Treasurer Jennifer Belfield
City Planning Director Ron Folsom
City Engineer Lance Bates
City Officials Absent:
None
9-3-2008 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 Waite led the Pledge of Allegiance and Councilmember Kirkham offered a prayer.
MINUTES:
June 12 – Work Session: Councilmember Thompson stated that Item #1 needed to be corrected to
read “less than 30 hours” for part-time. Councilmember Waite motioned to approve the June 12 Work Session minutes with
the correction. Councilmember Ellis seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Ellis – Yes,
Councilmember Thompson – Yes, Councilmember Bean – Yes, Councilmember Kirkham abstained since she was gone for
the majority of the session and Councilmember Powell – Yes. The motion passed
June 12 – Regular Session: Councilmember Kirkham motioned to accept the June 12 Regular Session minutes as
presented, Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite - Yes,
Councilmember Powell - Yes, Councilmember Ellis – Yes, Councilmember Bean – Yes, and Councilmember Thompson –
Yes.
July 3, 2008: Councilmember Ellis motioned to accept the July 3 minutes as presented. Councilmember Waite
seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Powell abstained as he
was absent, Councilmember Bean – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion
passed.
ITEMS FROM MAYOR:
None
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Wednesday September 3, 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.East Idaho Credit Union – Credit Union – 3255 E. 17 Street
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B.The Railing Company, LLC – Steel Fabrication – 1552 N. 25 E.
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C.S2M Steel Detailing, LLC – Steel Detailing – 1564 N. 25 E.
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D.S2M Developments, LLC – Development – 1546 N. 25 E.
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E.Home Emporium – Showroom – 1568 N. 25 E.
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F.Intermountain Erectors, Inc. – Steel Erection – 1546 N. 25 E.
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G.Teton Counseling – Counseling – 2677 E. 17 Street Suite #5
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Lane Bryant #4580, LLC – Retail Sale of Clothing – 3015 S. 25 E.
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B.Deseret Book – Retail Sale of Books– 3025 S. 25 E.
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C.Dress Barn – Retail Sale of Clothing – 3019 S. 25 E.
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D.Shoe Carnival, Inc. #364 – Retail Sale of Shoes – 3033 S. 25 E.
E.KVO, Inc. – Construction – 3968 E. Sunnyside Rd. Ste. #6
F.IDEACOM/ECSI – Retail Sales – 3550 Briar Creek Lane
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G.Beneficial Idaho, Inc. – Finance – 2011 S. 25 E.
HOME OCCUPATION PERMITS 2008:
1.NEW HOME OCCUPATION PERMITS:
A.Hotwire Electric, LLC – Electric Contractor – 3000 Meadow Lane
2.
RENEWAL HOME OCCUPATION PERMITS:
A.
Oops A Daisy Preschool – Daycare – 3823 Willow Ridge Drive
Business License: Councilmember Bean motioned to accept the consent agenda as presented. Councilmember
Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Ellis –
Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed.
Accounts Payable – Exhibit A: Councilmember Bean asked Jennifer if the City had been reimbursed from the
State for the invoices concerning Keller Assoc. and Sommer Construction. Jennifer stated yes they are both for water.
Councilmember Kirkham noticed that Altius came in at $11,000 and she thought it was $14,000. Jennifer explained there
9-3-2008 Council Minutes Page 2 of 9
were deletions because two people were erroneously shown under the family plan when they were single and there was one
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terminated employee. Councilmember Kirkham requested Jennifer change the due date to the 10. Councilmember Powell
motioned to accept the account payable as presented. Councilmember Ellis seconded. Roll call vote: Councilmember Powell
– Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean –
Yes and Councilmember Kirkham – Yes. The motion passed.
PUBLIC HEARINGS: -
Hearing #2008-025FY 2009: Budget Mayor Ard explained the proceedings for the hearing.
Robert Taylor, 4279 Miranda Lane: He understands that the dept. heads did this which would explain the
inconsistencies with some of the way it is presented. He inquired why grants are noted but he doesn’t see who they are to.
Mayor Ard explained we have to have an amount in the grant area so if we get a grant we can use it in the same year. On
page 29 of 50 under sanitation he inquired if there will be a price increase on the garbage rates. Councilmember Ellis stated
that there will be a public hearing the first week of October to propose an increase. Robert asked for an explanation
concerning streets page 36 of 45 under road construction and equipment. Councilmember Ellis explained it is the plans for
future street improvements. Councilmember Bean asked Robert which improvements he would want first. He stated the
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railroad crossing on 17then the congestion on First Street and Ammon. Councilmember Bean explained that is not our
intersection. Councilmember Ellis explained that Ammon owns the bridge and east on First Street to Tiebreaker.
Mayor Ard closed the public hearing. Councilmember Bean motioned to approve budget as presented for the Fiscal
Year 2008-2009. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham
- Yes, Councilmember Powell - Yes, Councilmember Ellis - Yes, Councilmember Waite - Yes, and Councilmember
Thompson – Yes. The motion passed.
Councilmember Powell thanked all the department heads for their efforts in making the budget possible.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
Greg Monik, 1900 Eagle Drive compliments the
City for the Eagle Drive Bridge – all is great with speed control, etc. When he has called the office, they have been very
responsive and it is appreciated. Greg stated that in his neighborhood there is a problem with open pits in the backyards and
the open burning law does not restrict people using the pits for recreational use. We have had a particular problem with a
neighbor. He presented a petition to the Council. He has three calls to the fire department. The first call he had to make was
at 11:30 p.m. at night, there were 6 foot high flames coming from the neighbors’ fire pit and when the fire dept responded they
said there was nothing they could do since they were burning marshmallows in their fire pit. At 12:30 a.m. they were
chopping wood and the fire started again, at this point, Mr. Monik felt it was a public nuisance. Two weeks later the neighbors
said they were cooking but no one was supervising it and they were having a drinking party. When the fire department
arrived, all the parties took off. He noticed recently the Council posted “no smoking” in the parks and feels the
neighborhoods should be free of the fire pit smoke. He asked that the Council remove the open burning ordinance so they
have to have a permit to inspect the pit with a time limit on it. For people that have severe allergies it can create a severe
health problem. Greg can’t enjoy his property. The last fire was made by raking dog dung and burning it and he feels that this
might be a health hazard. Greg mentioned the nuisance law states an act which affects an entire community or neighborhood
or any substantial number of persons is not less a nuisance because the extent of the annoyance or damage inflicted by
individuals. Even though there are only a few signatures, there’s enough to know we have a problem.
Councilmember Bean feels we should pass this onto to Stacy and Councilmember Powell. Councilmember Kirkham
feels that we should look at the size of the lots, the time restrictions, and bon fires. Councilmember Bean suggested limiting
the size of the fire pit. Leslie mentioned that she had a neighbor with a small fire pit and it actually burned down the fence.
The neighborhood that Leslie lives in is so close that it causes more of a potential problem than some of the larger lots in
Ammon. Councilmember Bean wondered if there could be specifics concerning what determines a fire pit. Does it need to be
lined with brick or metal, etc? Greg mentioned that Idaho Falls had a bad incident with severe burns with a fire pit.
ACTION ITEMS:
1. Ord. 465 - Annual Appropriation FY 2009 Budget Bill:
Councilmember Bean read
AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL
Ordinance 465
YEAR BEGINNING OCTOBER 1, 2008 APPROPRIATING THE SUM OF $32,304,162 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON, IDAHO
FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR
Councilmember Bean motioned to recommend that the City Council dispense with the rule
WHICH SAID APPROPRIATION IS MADE
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requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Ellis
seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Powell – Yes,
Councilmember Kirkham – Yes, Councilmember Thompson – Yes and Councilmember Waite – Yes. The motion passed.
9-3-2008 Council Minutes Page 3 of 9
Councilmember Bean read
AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL
Ordinance 465
YEAR BEGINNING OCTOBER 1, 2008 APPROPRIATING THE SUM OF $32,304,162 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON, IDAHO
FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR
Councilmember Bean moved the adoption of Ordinance 465 as an ordinance of the City of
WHICH SAID APPROPRIATION IS MADE
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Ammon on this third and final reading. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes,
Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson –
Yes and Councilmember Waite – Yes. The motion passed.
2. Approve L2 Tax Levy - Authority to Levy Property Taxes:
Councilmember Bean motioned to approve the 2008 dollar certification of the budget to the Board of County
Commissions L2 as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes,
Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember Thompson –
Yes and Councilmember Waite – Yes. The motion passed.
3. Final Plat – Brogan Creek:
Mayor Ard explained this item has been pulled from the agenda.
4. Site Plan – Oakridge Div. 2 – Motel:
Ron asked that we address #5 first. P&Z will see this tomorrow night.
Councilmember Bean stated we have changed the use from an assisted living to a motel. Tom Arave stated yes that is correct.
They are currently working with a franchise. Councilmember Bean inquired if it is zoned for it. Ron stated yes.
Councilmember Powell asked about a motel tax. The Council asked Ron to pursue this to see if we could do this.
Councilmember Thompson was wondering about the one exit going into Wal-Mart which is their alley. Tom Arave stated it’s
their fire lane. Ron mentioned this exit is to the West of the retention pond. Tom anticipates the signage would be towards
the West. Councilmember Thompson states that this makes more sense for the access to be to the West than to the South.
Councilmember Kirkham motioned to approve the site plan for Oakridge Div. 2 subject to final technical review of
the City Engineer. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell
– Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember
Ellis – Yes. The motion passed.
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5. Amended Plat – Sandcreek Place – Div 1 – 1 Amended:
Ron explained Harper Leavitt is doing both projects so
he asked them for the plats so he could see how the accesses work. They do show accesses into Wal-Mart and Sandcreek
place on their site plan. Tom feels confident he will get the Wal-Mart access. Ron explained because they are asking for an
amended plat we can actually amend the development agreement. The Council could put in a special condition that they grant
access easement to the Oakridge Division 2 property and possibly a maximum of two accesses so if it fell apart we would still
require the access to the east. Amy from Harper Leavitt doesn’t feel this will be a problem. Councilmember Bean inquired if
they need to have an agreement for ingress and egress from the property owners. Amy said yes they would.
Councilmember Bean motioned to approve the Sandcreek Place amended plat contingent upon an amended
development agreement guaranteeing access to the East subject to final technical review of the City Engineer.
Councilmember Powell seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Powell – Yes,
Councilmember Thompson – Yes, Councilmember Waite - Yes, Councilmember Ellis - Yes, and Councilmember Kirkham –
Yes. The motion passed.
6. Ord. 464 & Summary – Title 10 Proposed Changes to Chapters 5, 8, 9, 16, 17, 18, 28, 29, and 34:
Councilmember Thompson reminded the Council that this was tabled last time so that everyone could review it more
thoroughly. Ron would recommend staying at 12 townhouses not 10. Ron stated that P&Z is not comfortable at lowering it.
Councilmember Thompson stated the reason for the difference is that they want to favor townhouses over apartments. The
developer comes in and says “Oh, I can only put in 10 apartments but I can put 12 townhouses on that”. Ron that is the
compromise behind it. Councilmember Kirkham said we are trying to encourage people to buy rather than rent. Tom
Hunsaker said you can build it two ways, one where you can only rent, or the other so you can rent some and own some by
putting a little bit more material into it. P&Z is trying to encourage building the latter way. Ron stated the issue is quality not
quantity. Councilmember Kirkham stated the issue is not the type of housing; it was the zoning that restricted the type of
housing. If you look at other areas, we are significantly lower than everyone around us. We still want to encourage
developers. Leslie stated that Ron had just gotten information from the census that only 25% are married and the rest are
single. In order for people to be able to afford a home, they are going to have to have smaller houses to live in.
Councilmember Ellis stated as we move forward we will be forced to be denser than this. The price of the dirt is becoming
much more expensive leaving this as the only factor you can control. With the price of fuel the future will be bike paths and
mixed use. Councilmember Bean discussed that Missoula is single family compact units with 10 feet widths between homes
9-3-2008 Council Minutes Page 4 of 9
and very small yards. Councilmember Kirkham stated Hawks Landing is a perfect example - its’ the future but really going
back to the way of the past where you create self-sufficient neighborhoods. Councilmember Kirkham stated she is
comfortable with 12. Councilmember Ellis and Councilmember Waite concurred. 12 will stand. Ron stated we are
encouraging people to have ownership. In the area where Ron lives, having four owners in an entire development helps
maintain it. Councilmember Kirkham said if we are saying 12 but they can’t build 12 is that fair. Councilmember Ellis
doesn’t have a problem going 1100 sq ft because there are designs coming off the boards that are 1000 sq ft. Scott asked if
everyone was good with everything else. Council concurred.
Councilmember Waite read
Ord. 464 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO,
AMENDING PORTIONS OF TITLE X, CHAPTER 5, CLARIFYING PARKING SPACES REQUIRED IN RESIDENTIAL ZONES; CHAPTER 8,
CLARIFYING ZONING ADMINISTRATORS ROLE IN ISSUANCE OF BUILDING PERMITS AND CERTIFICATE OF OCCUPANCIES; CHAPTER 9,
ALLOWING FOR REASONABLE CONDITIONS TO BE USED IN ALLOWING CONDITIONAL USE PERMITS, CLARIFYING PRECEDENT OF
CONDITIONAL USE PERMITS, CLARIFYING NON-TRANSERABILITY OF CONDITIONAL USE PERMITS; CHAPTERS 16, 17 AND 18,
ADJUSTING DENSITY ALLOWANCES, REDUCING THE SIZE REQUIREMENT OF SINGLE FAMILY DWELLINGS WITHIN THE ZONE,
CLARIFYING ADJACENT UNITS AND TOWNHOUSES, CLARIFYING PEDESTRIAN ACCESS REQUIREMENTS AND VEHICULAR ACCESS;
CHAPTER 28, CLARIFYING PENALTY LANGUAGE FOR VIOLATION; CHAPTER 29, CHANGING REQUIREMENTS FOR AMENDED PLATS,
CHANGING PROCEDURE FOR, ADDRESSES NON-CONFORMING LOTS AND BUILDINGS CREATED BY JUDICIAL ORDER, ALLOWING FOR
FEES AND MITIGATION OF COSTS OF SERVICES PERFORMED AND CHAPTER 34, LIMITING THE NUMBER OF BILLBOARDS ALLOWED
WITHIN THE CITY AND ADDRESSING REGULATION OF EXISTING BILLBOARDS; PROVIDING FOR SEVERABILITY; REPEALING
Councilmember Waite motioned to recommend 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 and that a summary of Ord. 464 of the City of Ammon be published. Councilmember Ellis seconded. Roll call vote:
Councilmember Waite – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes,
Councilmember Bean – Yes and Councilmember Powell – Yes. The motion passed.
Councilmember Waite read
Ord. 464 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING
PORTIONS OF TITLE X, CHAPTER 5, CLARIFYING PARKING SPACES REQUIRED IN RESIDENTIAL ZONES; CHAPTER 8, CLARIFYING
ZONING ADMINISTRATORS ROLE IN ISSUANCE OF BUILDING PERMITS AND CERTIFICATE OF OCCUPANCIES; CHAPTER 9, ALLOWING
FOR REASONABLE CONDITIONS TO BE USED IN ALLOWING CONDITIONAL USE PERMITS, CLARIFYING PRECEDENT OF CONDITIONAL
USE PERMITS, CLARIFYING NON-TRANSERABILITY OF CONDITIONAL USE PERMITS; CHAPTERS 16, 17 AND 18, ADJUSTING DENSITY
ALLOWANCES, REDUCING THE SIZE REQUIREMENT OF SINGLE FAMILY DWELLINGS WITHIN THE ZONE, CLARIFYING ADJACENT
UNITS AND TOWNHOUSES, CLARIFYING PEDESTRIAN ACCESS REQUIREMENTS AND VEHICULAR ACCESS; CHAPTER 28, CLARIFYING
PENALTY LANGUAGE FOR VIOLATION; CHAPTER 29, CHANGING REQUIREMENTS FOR AMENDED PLATS, CHANGING PROCEDURE FOR
ADDRESSES NON-CONFORMING LOTS AND BUILDINGS CREATED BY JUDICIAL ORDER, ALLOWING FOR FEES AND MITIGATION OF
COSTS OF SERVICES PERFORMED; AND CHAPTER 34, LIMITING THE NUMBER OF BILLBOARDS ALLOWED WITHIN THE CITY AND
ADDRESSING REGULATION OF EXISTING BILLBOARDS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES
Councilmember Waite motioned to accept Ord. 464 as an ordinance of the City of
AND PROVIDING AN EFFECTIVE DATE.
Ammon on this third and final reading and that the summary of Ord. 464 be published. Councilmember Ellis seconded. Roll
call vote: Councilmember Waite – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember
Kirkham – Yes, Councilmember Bean – Yes and Councilmember Powell – Yes. The motion passed.
7. Change Order – Sommer Construction – Rock Clause (Lance):
Lance explained the change order is a request for
an additional $129,357.80 and an additional 7 days. The previous change orders #1 and #2 in the amount of $700,000 have
already been approved. This change order #3 is to dig through the rock they have encountered which they have had to use a
rock saw to get through it. Councilmember Powell asked why there was $100,000 for mobilization. Lance explained it’s $65
per lineal foot and there was 1483 lineal ft. plus $4500 for mobilization for the rock saw and the crew to run it. This is located
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on 21. Mayor Ard said we have to come on 21 up Crowley and back down to 17.
Councilmember Powell motioned to approve the change order request for Sommer Constructions #3 and we authorize the
Mayor to sign the contract. Councilmember Ellis seconded. Roll call vote: Councilmember Powell – Yes, Councilmember
Ellis – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and
Councilmember Kirkham – Yes. The motion passed.
8. Change Order – High Plains Drilling – Screen and Time:
Lance explained the figures are comprised of factors for
adding the screen including the head pipe, K-packer, base plat, bail and foremost drag shoot. Because of the problems drilling
the additional 30 inch casing, there was an additional 151 lineal ft. of the 16 inch liner. There was a small deduct because the
casing was not there. Councilmember Thompson asked about a deduction since they didn’t go the full depth. Lance there
wasn’t that much difference - the document was 312 and they went to 303. This didn’t make any cost savings.
Councilmember Powell inquired concerning the screen that was supposed to have been here by this meeting. Lance stated he
has not heard whether the screen is here yet. Councilmember Bean asked before we approve this have we discussed the
liquidation damages. Lance answered no. Councilmember Kirkham said the whole idea was to have the well up and running
in October. Mayor Ard stated we have added the screen which was the right thing to do. Lance said the direct cost was $265
a lineal foot and this was for a slightly different SST60 slot screen than what they ended up getting which was 80 slot that’s
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more efficient. Councilmember Ellis is uncomfortable with the 60 days. Mayor Ard agreed. They want 60 days from the 11
9-3-2008 Council Minutes Page 5 of 9
of August. The problem is it puts the well house in construction now with heated concrete which he feels they should pay for.
Scott said you could approve the changeover as to the cost of an interim changeover. Mayor Ard stated but in the changeover
we knew there would be some freight time for the screen. Councilmember Powell said we agreed to the shipping of the screen
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which would be 45 days from the 11. Lance would recommend the 45 days which he feels will still keep the pressure on.
Mayor Ard said this is not unusual for well drillers. Lance does not know where they arrived at the 60 days. Councilmember
Ellis asked why don’t we wait for all the items to be done without any extension and see what the days are totaled. When it is
done then we look at the timeframe. Lance said we have only paid one bill for approx. $48,000. Councilmember Powell likes
not having ambiguity – people get confused. Mayor Ard said we have at least 60 days after High Plains is gone for the
completion of the well. Lance can justify going 45 days but not 60. Scott recommended that once the Council agreed to the
screen, there was a reasonable expectation that we have extended the contract to that date plus a reasonable time to put it in
and test the well. Scott stated they told you 2 weeks plus 10 days. Councilmember Ellis stated that when they brought in the
proper equipment to fish out the casing, they removed it just like that.
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Councilmember Kirkham motioned to approve the expenditures and grant an extension through Sept. 12.
Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Ellis – Yes, Councilmember
Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion
passed.
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9. Speed Limit Adjustment 1 Street- recommend changing to match Idaho Falls (35 mph) instead of Ammon’s (40
mph):
Councilmember Thompson stated Hitt Road going North and South it’s 40 and Ammon Road going North and
South is 50. Councilmember Bean said the only reason it’s 40 in Ammon is that we don’t have any homes on it. Lance feels
this would go a great way toward placating the public with the changes of the schools and letting people know we still care.
Councilmember Powell said the speed limit is 40 all the way through the schools. Mayor Ard agreed yes it is. Scott said if we
change this then we need the police to watch it for a while. Lance mentioned according to the parents there is a safety issue.
Councilmember Kirkham motioned to lower the speed limit to 35 mph from Hitt Road to Tiebreaker.
Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes,
Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, and Councilmember Thompson –
Yes. The motion passed.
Scott asked to have the speed trailer out there when this goes into effect. Councilmember Kirkham asked Lance to
call her when he gets the signage done and she will call the Sheriff’s department.
10. Ross Sewer Lift Station – updates on issue and recommend installation of bio-filter on vent outlet to control odor
issues – approx. $5000 (Lance):
Lance has been in contact with a company that makes a bio-filter. It will have removal
efficiencies of close to 90%. They are in the process of sending him a data-logger that will record for a week the
concentrations of the sewer gas in the manhole and will come out to verify the water and sewage passing through the station.
The media will last approx. 7 years. The cost for a 60 cubic feet per minute active filter that has a vent fan and an irrigation
system to make sure it is properly irrigated is $9,600. Councilmember Kirkham asked if this will eliminate the use of the
hydrogen peroxide. Lance replied yes. But we wouldn’t remove the hydrogen peroxide treatment immediately until the new
system gets going and is accurate. If they size it right, they will give us a 5 year guarantee. Councilmember Ellis mentioned
they can get a natural vent but he recommends a power vent. Lance stated there will be some electrical costs which will be
close to $11,000 to $12,000. Councilmember Kirkham said we owe it to the people - it’s been long enough.
Councilmember Ellis motioned to authorize the City Engineer to purchase the bio-filter vent for the Ross Sewer Lift
Station. Councilmember Waite seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Waite – Yes,
Councilmember Powell – Yes, Councilmember Thompson - Yes, Councilmember Kirkham – Yes, and Councilmember Bean
– Yes. The motion passed.
Lance will call Joe Mahn.
11. Feasibility Study for Police by Steve Kent (Dana):
Councilmember Kirkham motioned to approve the feasibility
study with the Results Group in the amount of $30,000. Councilmember Bean seconded. Roll call vote: Councilmember
Kirkham – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes,
Councilmember Waite – Yes, and Councilmember Ellis – Yes,. The motion passed.
12. Police Contract (Dana)
: Councilmember Kirkham motioned to table the police contract since it has not been
received. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes,
Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, and Councilmember Ellis –
Yes. The motion passed.
9-3-2008 Council Minutes Page 6 of 9
13. Persi Firefighter/Police/Employees Past Contributions (Leslie/Jennifer):
Leslie explained that Jennifer has
been working on Persi and she has realized that we have not been charging the correct Persi rate for our firefighters and police.
Councilmember Kirkham stated this would apply to Stacy and the Fire Marshall. Leslie stated we have to go back on our
previous fire personnel but not volunteers. The City will have to go back and pay the difference. The employee’s difference
is between the collected 6.23 versus the correct 7.65, and the City’s match from the paid 10.39 to the correct 10.73 on fire
fighters. Leslie inquired if the City would want to pick up the employees’ portion since it was the City’s error.
Councilmember Bean asked if we don’t do this, what happens. Leslie stated when they draw out retirement then Persi will
come back and charge the City 17% or whatever the interest rate is at the time plus the difference. Councilmember Bean said
this is different than the insurance. The insurance is something that is past and they can’t reap the benefit but the retirement is
a future item and it’s a contribution on their part to their retirement. Leslie stated Persi is going to be refusing Bill
Brotherson’s retirement and he will be getting a refund and I have talked with him concerning this. Randy Babbitt has approx.
1 ½ years that was not paid but the City had been taking it out of his payroll plus a gap of another year. Scott Hall has
personally been through this situation and he had to pay his own portion. Scott said the employee can still have it taken out of
his or her paycheck so that it is pretax.
Councilmember Kirkham motioned to approve paying the City’s portion of the Persi contribution for the firefighters and
other employees. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean –
Yes, Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, and Councilmember
Waite – Yes. The motion passed.
14. Notice of Award Well #11 (Lance):
Lance explained that we had no bidders for Well #11. Scott stated the City
needs to make a motion that there were no bidders and authorize Lance to enter negotiations with a contractor for the Well.
Councilmember Bean inquired as to why there was a lack of bidders. Lance replied one company had received a bid for a well
in Ucon and didn’t feel they could do both at the same time. The second one was going to bid on both phases of the project
and the second phase had been postponed and he thought both were postponed. The third one said we had two local bidders
and can’t compete with locals. Scott stated we need to make a finding that no bids were received and we believe we can get a
lower contract by negotiation than by re-bidding. Councilmember Ellis feels our best route is to negotiate a contract because
of the concern on the timeframe.
Councilmember Ellis recommends the City Council makes a finding that it is in the best interests of the City, having
received no bids for Well #11, to enter into a negotiated contract. Councilmember Waite seconded. Roll call vote:
Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes,
Councilmember Kirkham – Yes, and Councilmember Powell – Yes. The motion passed.
DISCUSSION ITEMS:
1.Public Works Operator Update (Lance)
Lance stated we have hired another employee to operate the backhoe,
which will allow him to utilize Jason on the streets rather than the backhoe and by the time we get the automated truck we will
only lose one employee rather than 2-3. We may be looking at hiring a temporary employee during the interim. Lance will be
shifting John Adams to focus on public works operations.
2. Pearl House Block Grant:
Scott said the deadline is day after tomorrow and he has not received anything yet. Ted
Hendricks is still working on it.
3. Misc.:
Jeff Hawks explained the dilemma with George McDaniel’s death. They had several milestones but they were
able to secure construction financing. Right now when “development” and “residential” is in the same sentence most loaners
hang up on you. He has a purchase and sell agreement with Destination Homes in Utah, which is the third to the fifth largest
home builder in Utah. They are the largest builder in Daybreak. It’s almost like the division was built for Destination Homes
but he needs to solve the sewer situation which is his last hurdle. The sewer agreement involves four parties which are
Founders Point, Hawkes Landing, Quailridge Ridge and Dove’s Landing. Founders and Quailridge are definitely on hold.
The private money lender on Founders Points has called the loan and now they have to go for private money. Dove’s Landing
is Scott Tallman. He may have found a financial partner which enables him to move forward. Quailridge was financed by
ANB and is currently in the hands of the feds. If Tallman can come forward with his portion of $300,000 and Hawks Landing
$300,000 it leaves us $400,000 short – the total cost is about one million dollars. The engineering is all done and paid for with
a 30 inch line from Majestic down to Crowley down to Sunnyside down to Ammon Road. Destination Homes is making
about a $2 ½ million investment commitment up front to buy 16 lots, which by the way the 16 lot purchase is a condition of
our construction loan. Hawks has awarded their contract to Sommer Construction. Sommer Construction came in $70,000
less than their contingency. Jeff is unsure how to solve it but if we miss this opportunity it may be another year or two before
9-3-2008 Council Minutes Page 7 of 9
he can resume momentum. The last option for Hawks is if there is any capacity at all on the existing line even if we can only
get it for the 16 units up front. Councilmember Kirkham asked what was your motivation to meet separately with two other
councilmembers. Jeff responded it was a suggestion by the Mayor to try and brainstorm options to get this on the table.
Mayor Ard concurred – he told his faith in a bond was little or none. Councilmember Powell asked where you are with the
idea of the CID. Jeff replied it’s a tough position because it is almost impossible to get the private developers to line up at the
same time, same place, with the same amount of money and now feels it was a mistake. We could be another two years, if we
don’t solve this now. There are unwilling partners in the CID now and literally the bonds would be in default from day one.
Councilmember Kirkham asked Jeff how we can justify to the public to dig into our reserves to promote growth. It goes back
to the age old argument that it’s not having growth pay for itself and not taking care of existing infrastructure. Jeff stated there
will be a revenue source to the city for the connection fees. If the City of Ammon doesn’t regain their momentum, then it will
continue to the County. The County has just approved a 300 unit development just outside of the Idaho Falls City limits on
the west side yesterday. Councilmember Ellis said the agreement is that they have to find a way to sewer it. Jeff stated if the
statement is true that the sewer line is at capacity right now, then the City is at risk now. Councilmember Powell asked how
many lots Jeff has now platted. Jeff stated that there 235 lots on the approved master preliminary plat, which Phase 1 contains
55 lots. Destination is under contract for 36 of these. Councilmember Ellis feels we should position ourselves for the
turnaround which he feels will be 2011-2012. We are asking the developers to put up all the money to put in infrastructure
for the City, that other developers will hook onto and at some point we will ask those developers to pay the City a fee of which
we will reimburse the upsize portion to Jeff. If we come up with $400,000 and told you we weren’t going to reimburse you
anything where that would put you? Jeff responded, at some point, we are going to go through a challenging cycle. If he can
have some momentum, then he will sell some lots. Councilmember Ellis asked Lance with this 30 inch line what is it
designed to handle. Lance stated the master sewer plan basically went North and East out towards Iona but didn’t know the
numbers that had penciled into that for dwelling units. Lance has evaluated in-between the cottages and set aside capacity so
that the future line will not be overloaded with the demands this will put into it. Ron stated he understands IBSD will not have
any more connections to Idaho Falls and they have the 1200 units east of Iona. If the sizing is right, they will use this line.
Councilmember Kirkham stated we need to put this on a work session. Jeff stated that Bill Manwill has said the overflow is
from IBSD, hillside, and Eucher Valley and is unsure why there is a 30 inch line. Jeff stated his time line is two weeks with
the lender, Destination Homes, weather and Sommer Construction. They are getting at a critical decision point where he has
to have items solved.
Councilmember Thompson provided a map of the Tiebreaker school parking lot. There are two problems, at
this time. One is that every single person exiting the lot has to turn south onto Tiebreaker and those wishing to head north
have to turn right into a cul-de-sac and flip a u-turn to get up to First Street. The other problem is on First Street when school
gets out. They have 100 people dropped off and 50 picked up and when the weather gets worse so will the traffic.
Councilmember Thompson stated that Guy is opposed to having any traffic exit onto First Street. Councilmember Kirkham
asked what kind of compliance did you see when you were counting cars? Councilmember Thompson replied the first day
was a mess but the second day was better. 50 cars entered from Tiebreaker and 50 from First Street. Councilmember
Powell asked if this is working well now why we want to change this for 50 cars. Councilmember Thompson replied that
they want to go back to First Street. Councilmember Kirkham stated your proposal is one Guy will not approve.
Councilmember Thompson said that is right. Lance stated Guy said the most unsafe place for kids to walk is a parking lot.
Councilmember Kirkham will talk with Guy. Councilmember Thompson said they are looking at getting rid of the
roundabout and freeing it up for people. Councilmember Kirkham said I like what you have done but basically your position
is to get people back onto First Street.
Leslie brought up the garbage rates concerning the dumpster rental rates. She recommended a $10 rental fee per
dumpster which will be easier for the City to keep track of. An example would be $172, of which, $10 would be a rental
expense. At this time, we are paying taxes on the full amount and this will make it only on the $10 rental fee per dumpster.
She explained that the commercial dumpsters have taken a major increase. She examined outside contractors and the City
isn’t that far out-of-line on the first dump but the subsequent dumps are. This makes sense due to fuel, labor, and wear and
tear per dump. The figures are based on these amounts, which will only raise the residents to $8 and the apartments to $11
since they just recently took an increase. We should still be competitive with the outside market on our dumpsters.
Councilmember Ellis asked what the lifespan was on dumpsters. Lance said it depends on what they are being used for but the
average might be 10 years. Lance stated that the dumpster costs are close to $1300 - $1400 each. Leslie stated that we also
have to pay taxes on the swimming pool.
Councilmember Kirkham moved to enter executive session pursuant to provision of Idaho Code 67-2345,
subsection 1 (a) and (f). Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember
Ellis – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes and
Councilmember Bean – Yes. The motion passed.
9-3-2008 Council Minutes Page 8 of 9
The meeting adjourned at 10:22 pm.
________________________________________
C. Bruce Ard, Mayor
__________________________________
Leslie Folsom, City Clerk
9-3-2008 Council Minutes Page 9 of 9