10022008CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, OCTOBER 2, 2008 - 7:30 P.M.
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AMENDED
AGENDA
THURSDAY, OCTOBER 2, 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:
July 17, 2008
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
PUBLIC HEARINGS:
Hearing 2008-026 Sanitation Fees
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Resolution 2008-013 – Utility, Delinquent, Late Charge, NSF Check Fees
2.Sunnyside Developers Off-Site Sewer Requirements (Ron)
3.Pearl House (Mayor/Lee)
4.Zion’s City Credit Card (Jennifer)
5.Ord. 463 Intermountain Gas Franchise (Ron)
6.Fire Pit Open Burn Recommendations (Stacy)
7.Title 10, Chapter 5 Revisions – Garage Requirements in Multiple Housing Zones (Ron)
8. Ord. 467 Amend Title 10, Chapter 5 Changing Garage Requirements (Ron)
9.High Plains Drilling – Change Order #2 (Lance) – paperwork pending
DISCUSSION ITEMS:
1.Tiebreaker School Crossings – revisit
2.Sales Tax – Dumpsters, Swimming, Shelter Rentals, Softball, Etc. (Jennifer/Leslie)
3.Misc.
MINUTES
The meeting was called to order by Mayor Bruce Ard at 7:30 p.m.
City Officials Present:
Mayor Bruce Ard
Councilmember Lee Bean
Councilmember Randy Waite
Councilmember Rex Thompson
Councilmember Brian Powell
Councilmember D. Ray Ellis
City Clerk Leslie Folsom
City Attorney Scott Hall
City Engineer Lance Bates
City Planning Director Ron Folsom
City Officials Absent:
Councilmember Dana Kirkham
Councilmember Thompson led the Pledge of Allegiance and Councilmember Ellis offered a prayer.
MINUTES:
July 17, 2008 Councilmember Waite motioned to approve the minutes from July 17, 2008 as
presented. Councilmember Ellis seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Ellis – Yes,
Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed.
10-2-08 City Council Minutes Page 1 of 7
ITEMS FROM MAYOR:
None .
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday October 2, 2008
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE 2008:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
st
A.Milius, Laura – Lighthouse Montessori Daycare Employee – 2644 E. 1 Street
st
B.Montgomery, Gwendolyn - Lighthouse Montessori Daycare Employee – 2644 E. 1 St.
th
C.Tucker, Tawnya – Sunny Days Daycare Employee – 4366 E. 17 Street
th
D.Herndon, Amanda - Sunny Days Daycare Employee – 4366 E. 17 Street
th
E.Windsor Diamonds – Retail Sale of Diamonds – 2001 S. 25 E.
th
F.Parcel Express – Shipping – 939 S. 25 E. Suite #106
2.RENEWALBUSINESS LICENSE APPLICATION:
th
A.Crackleberry Boutique – Retail Sales – 3160 E. 17 Street, Suite #170
th
B.Golden State Towers, LLC – Cell Tower – 4381 S. 25 E.
HOME OCCUPATION PERMITS 2008:
1.NEW HOME OCCUPATION PERMITS:
A.String Bean, Inc. – E-commerce of Toys – 888 Newgate Drive
B.Powder Hound Engraving – Trophy & Awards – 2690 S. Ammon Rd.
2.RENEWAL HOME OCCUPATION PERMITS:
A.Hattie Bates Photography – Photography – 1117 Newgate Drive
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2008:
1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
th
A.Griffith, Mary Anne – Bartender – 2535 S. 25 E.
CONSENT AGENDA: Business License
– Councilmember Ellis motioned to accept the consent agenda as presented.
Councilmember Powell seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Powell = Yes, Councilmember
Bean – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
Accounts Payable – Exhibit A
Councilmember Bean explained to Jennifer how to break out
the items for the new budget. Jennifer explained how the invoices are coded. Leslie explained ICRMP is being billed for
each department. This is a 6 month figure. Leslie explained the order of the accounts payable in the packets. The accounts
payable included in their packet on Tuesday are the funds through that date and there will be another accounts payable from
that date to the night of council with additional bills that were posted during this time, they will then sign a final copy with a
combination of the two sheets that they have reviewed. Jennifer explained the ICRMP total for the year is $30,000. It was
discussed when the budget year ended. Jennifer inquired if it was OK to pay the Greater Idaho Falls Chamber of Commerce
membership. Council shook their heads yes. Councilmember Bean stated he will get with Jennifer to go through how to
allocate the funds for the new year.
Councilmember Waite motioned to approve the Accounts Payable Consent Agenda as presented. Councilmember
Powell seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Thompson –
Yes, Councilmember Bean – Yes, and Councilmember Ellis – Yes. The motion passed.
PUBLIC HEARINGS: Hearing 2008-026 Sanitation Fees
Councilmember Ellis discussed that we haul garbage in
cubic yards. He wants to be forward funding and put some in for depreciation. Councilmember Powell asked if we have any
idea on the maintenance costs on the trucks. Lance stated there is probably not a good average. Lance figured the monthly
repairs, depreciation, etc. Councilmember Thompson stated it’s been $6 for a long time back when gas was a $1 per gallon.
Mayor Ard inquired if there was any public input. There wasn’t any public comment. Mayor Ard closed the public hearing.
Councilmember Bean inquired what the monthly rate was that they originally discussed. It was discussed it was $9.
Councilmember Bean inquired how long the life of the truck will be. Lance calculated 5 years. We have some older than this
but they are not being used daily. The ones used daily after 5 – 6 years start racking up repair bills. Lance has put $250,000 in
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for the cost of a new truck. Councilmember Bean asked what we had budgeted for the truck. Lance thought $162,000.
Councilmember Bean asked Councilmember Ellis if we basically have another $60,000 to buy a new truck. Councilmember
Ellis stated we failed to account for depreciation.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
Mayor Ard asked Troop 445 scouts to stand and announce their names and what badge they are working on. Troop 445
proceeded with their names and they are working on fellowship duty communication and citizenship.
ACTION ITEMS:
1.Resolution 2008-013 – Utility, Delinquent, Late Charge, NSF Check Fees:
Councilmember Ellis motioned to
approve Resolution #2008-013. Councilmember Waite seconded. Roll call vote: Councilmember Ellis – Yes,
Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Powell –
Yes. The motion passed.
2. Sunnyside Developers Off-Site Sewer Requirements (Ron):
Planning Director Ron Folsom explained he
talked to Jeff about the concerns Council had and Jeff is here to discuss them with the Council.
Jeff Hawkes, 44 E Sunnyside Road, stated they are okay with what the Council proposed, as far as, the City being
indemnified against any future liability. He stated they are heavily under construction with most of the roads in and the offsite
utilities are in. Most of the grading and utility work will be done by mid to late October with Sunnyside wrapped up by fall.
Destination Homes is designing their homes, as they speak. Positive things are happening but there still isn’t sewer. Jeff
would like to propose two options to the council which he has talked with Lance about: 1. Whether Hawks can get any
connections in any way possible. Jeff understands that the Council feels that the 8” line is at capacity, however he would like
to propose a flow analysis on the line. Lance told Jeff that he would like to take the peak and multiply it by 2-3 times to avoid
a super bowl event when everyone runs in to use the facilities. Jeff asked what if we don’t have that kind of capacity and feels
the City has many lines that would not meet that kind of capacity. He explained no one has done any studies on this and that
is why he is proposing this. He talked about if we don’t have capacity, then to have Hawks Landing upsize the Mason line. It
would cost about $300,000 and increase the capacity of that line, which would give them more connections. It would solve a
short term problem until everyone can come together to meet the future needs, which is the 30” line. The Mason Line might
be a 3-4 year solution. He inquired if the City would allow them to replace the bottleneck. Councilmember Thompson
inquired if this would take care of Hawk’s Landing obligations. Jeff stated yes. Councilmember Bean said but we are all
obligated to the agreement. Jeff stated that the contract can be rescinded. Councilmember Bean stated the agreement cannot
be rescinded since it is tied up in probate. Jeff stated the people who can sign. Councilmember Bean recommended having
the agreement rescinded. It was discussed the City is committed. Jeff talked about the other proposal: 2. Jeff inquired if the
City would consider paying for the oversize upfront. Councilmember Bean stated the City understands that. Jeff stated he is
not prepared to give $300,000 and not get reimbursed on the portion and would like the City to support them. He talked about
when they approve plats that they insure that they will get their reimbursement. It was discussed the City would not be part of
the reimbursement. Mayor Ard stated they do not believe 8” is big enough for a base.
Councilmember Powell stated there are two issues – one is rescinding the contract and the other is that the City needs
to not be held liable. Scott stated he is still uncomfortable if the representative signs, it still doesn’t mean that they won’t
come back on the agreement. Councilmember Bean said the City needs indemnification and a new agreement.
Councilmember Bean inquired if we need a new agreement, if he will indemnify the City. Ron stated Jeff would be
responsible for indemnifying 43% for the City. Jeff stated Mickelson has gone underground. He stated Mickelson wasn’t
aware of the agreement when he bought the contract. Greg Mecham has tried to contact Russ and make him aware of the
agreements but he has not been able to get a hold of him. Jeff stated we have a lot of money put into Hawks Landing and it’s a
tough market and the CID is on hold now. Dove’s Landing was an option and he has worked with Scott Talman and he was
going to talk to Russ. Russ is a lender and ended up taking on the property 3 days before George passed away. Jeff feels they
are just trying to add value by getting things fixed but not putting in any more money. Councilmember Ellis stated the Mason
line is really your best option. Jeff stated he is exploring all options. Councilmember Bean inquired what the price on
Sunnyside was. Jeff said $1.1 million but Sommer can save them 10% so roughly $1 million. He stated if you start too far
upside down, you can never regain. We exercised our lines of credit last week to preserve our liquidity. I guarantee we will
sell homes up there.
Councilmember Bean asked how long it will take to sell 55 homes. Jeff stated they are looking at 2 – 3 homes a
month, so it would be 18 months. Jeff stated he has had quite a lot of interest in the 1/3 acre lots. Councilmember Bean stated
we are still just dealing with two parties. Lance came up with a savings of pipe, using recycled pipe, which would help save
10-2-08 City Council Minutes Page 3 of 7
$200,000. Forsgren is strongly considering it - which might be 30% cheaper than PVC. Lance stated they have had very good
results with 24”. Councilmember Bean inquired how many homes are there. Jeff stated 235 units. Councilmember Bean
inquired how long it would take to build 235 homes. Jeff stated probably 5 – 7 years, leaning towards the longer time. Last
year they were thinking 2-3 years.
Councilmember Bean inquired to the Council how were they looking at the $300,000. Council said as a share of
capital. Councilmember Bean said he was just thinking if Jeff can came up with $400,000 and the City $600,000, which the
City would come up with $300,000 more than we normally would but we would look to connection fees to pay that. If he was
going to pay out over 6 years, that would be $50,000 a year and have Jeff guarantee to the City this much per year, then maybe
it would work. Councilmember Ellis inquired how many properties will this serve. Councilmember Thompson said 790.
Councilmember Ellis stated if we take that $1 million dollar investment and $1300 per connection, this will be recouped at that
rate. If we use the equity buy in program, we can do this.
Mayor Ard stated it’s to the City’s advantage to put the line in, not just Mason. It would be very shortsighted
not to think about this. Councilmember Bean inquired of Jeff when his first home sale would be. Jeff stated he hopes early
spring. Councilmember Bean stated this goes above and beyond what the Council has ever discussed. Councilmember
Thompson stated its forward thinking; we could leave it in the bank or invest in our future. Jeff stated he is prepared to start
the line. Councilmember Ellis said we have to be able to invest in the future. Mayor Ard inquired if we can look at some
point where Dove’s is going to come back in and what do we charge them. Councilmember Ellis stated it’s based on the
capacity of the system. The value of our system will go up when we put the regional system in. Councilmember Bean said he
wants to warn Jeff about the paperwork. Bill Manwill, 2700 Lincoln Road, stated Jeff would be prepaying connection fees
for the $50,000 a year. Leslie thinks it’s feasible with Blue Prince for accuracy. Councilmember Thompson stated we would
exact the fees to reimburse Jeff his share. Councilmember Bean stated that is correct. Jeff stated he would be great with this.
Councilmember Bean asked Scott what is the downside to this. Scott talked about indemnification. The only
concern he has is does the council want to use the reserves to do this and when the next developer comes in is that developer
going to be treated differently. Jeff stated this line will cover future development for years. Scott said the other consideration
is the citizens of old Ammon and the political issues. Councilmember Powell inquired why someone would purchase land so
far away from City’s connections. Jeff stated that was a decision made with George McDaniel and the Council at that time
and he didn’t know about the upsizing. Ron talked about why that decision was made back then, when the City was looking
for growth. Jeff talked about infill between developments. Jeff talked about needing to solve the sewer issue.
Councilmember Bean asked if we should do a study or can we. Councilmember Ellis said if the City picks an arbitrary
number and the study says we should do x and then the Council said y, you have to go with the figure to defend it.
Councilmember Bean motioned the City will commit up to $600,000 for putting the sewer line from Ammon
Road up Sunnyside Road to Crowley Road then up Crowley Road to Mason Road with the condition that the City has an
acceptable and approved agreement for indemnification and a reimbursement schedule for properties coming on after this and
the agreement include a payment of a minimum of $50,000 per year toward connection fees for Hawks Landing until $300,000
has been paid, so the cities out of pocket cost will be $300,000. Councilmember Bean stated for clarification that this amount
would be $50,000 per year in connection fees. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes,
Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell –
Yes. The motion passed.
Councilmember Bean suggested Councilmember Ellis, another Councilmember, Charlie, and Lance put together a
proposal for a hook-up fee. Lance stated if you tear up Sunnyside, it won’t get repaired all winter. Councilmember Bean
stated I don’t think we have a choice. Councilmember Bean stated to make sure in your agreement that Hawks Landing will
inject up to $400,000 and if it comes in under $1 million then our shares will come in proportionately. Councilmember Bean
told Jeff they will have to go through the public bidding process. Jeff stated he will get it going.
3.Pearl House (Mayor/Lee):
Mayor Ard stated they have pulled the Pearl House grant for the funding. Mayor
Ard stated he has talked to the Dept. of Commerce concerning the $500,000 grant and they have said we didn’t need to worry
about it since Ammon has done their share. Councilmember Ellis asked Ted what the response has been. Ted Hendricks
stated the Department of Commerce is still working through it. Davidson is attempting to still get it funded and solve the first
grant. He stated the letter basically said they are giving a 30 day notice for pulling it. J. Davis is moving ahead with the
funding and is still optimistic. He stated if not the State will work with the City to meet a national objective, so that the grant
will be met. Mayor Ard inquired about the job requirement. Ted said typically this grant was with Housing and Urban
Development funds and they usually require 50-51 jobs. The State has the ability to aggregate all the jobs created in the State
for all the grants given. There are other national objectives besides job creations and he feels they will be patient and lenient
with the City.
4.Zion’s City Credit Card (Jennifer):
Jennifer talked about credit cards and she leans toward Zion’s Bank who
is local. They offer the credit card in the name of the City or individual. There is a $30 annual fee but if the City spends
10-2-08 City Council Minutes Page 4 of 7
$2500 per card annually, there would be no charge. They could possibly get 3 cards, the employees would check them out and
return the card with the invoices and when the statement comes they would already have the receipts in hand. They also have
a rewards program, which would be $25, but it would depend if the rewards would make up any of this. She went online and
looked at a variety of credit cards. She would like some direction, as to the kind of the card, that is wanted. She stated they
could possibly get cards in each of the department head’s name, which would hold them accountable. Jennifer stated she has
also looked at a fuel card with Wright Express. Councilmember Bean asked what Stacy had looked at. Jennifer said he had
only looked at Maverik and this card could only be used at Maverik. The Wright Express card has the employee enter their
pin, car #, and miles. This could help deter anyone from filling anything other than a City vehicle. With Wright we could go
online to deactivate a card and will help to fill out the IFTA taxes. The City can set limits to do gas only, gas and oil, or
include snacks. Councilmember Bean asked Jennifer to talk with Councilmember Kirkham. The Council agreed. Scott
cautioned putting any card to an individual name. Jennifer asked why. Scott stated he feels it has to deal with individual
credit scores, etc. He also talked about different suffixes going to different individuals. It was discussed that they could go to
department heads and the main use would be for travel. Councilmember Bean talked about employees using their own cards
and then being reimbursed. It was discussed that some employees don’t carry credit cards. Councilmember Powell stated he
did not like the idea of employees using their personal cards for public purposes. Leslie suggested getting a prepaid card, if
we don’t do separate cards. It was discussed to have Councilmember Kirkham work with Jennifer on the issue.
5.Ord. 463 Intermountain Gas Franchise (Ron):
Councilmember Powell read Ordinance #463,
AN ORDINANCE
OF THE CITY OF AMMON, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY A TWENTY (20) YEAR EXTENSION TO ITS
FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTIONS SYSTEM; PROVIDING FOR
USE OF STREETS AND ALLEYS, AND RULES GOVERNING THE SAME; SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY;
SETTING FORTH THE RULES GOVERNING REPAIRS AND RECONSTRUCTION OF THE STREETS; PROVIDING FOR THE TERM OF
THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS,
AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE ANNUAL PAYMENT TO THE CITY, AND
THE FILING OF ANNUAL REPORTS WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE EVIDENCE OF
INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE ,
RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE;
REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE, ASSIGNMENT OR LEASE; PROVIDING FOR CITY'S
CONSENT TO GAS STORAGE FACILITIES; PROVIDING FOR PAYMENT OF PUBLICATION COST; SETTING FORTH PENALTIES AND
Councilmember Powell motioned that the Council dispense with the rule
FORFEITURES, SEPARABILITY AND REPEAL.
requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Ellis
seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember Waite –Yes,
Councilmember Thompson –Yes, and Councilmember Bean – Yes. The motion passed.
Councilmember Powell read Ordinance #463,
AN ORDINANCE OF THE CITY OF AMMON, IDAHO, GRANTING TO
INTERMOUNTAIN GAS COMPANY A TWENTY (20) YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND
OPERATE A GAS TRANSMISSION AND DISTRIBUTIONS SYSTEM; PROVIDING FOR USE OF STREETS AND ALLEYS, AND RULES
GOVERNING THE SAME; SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES GOVERNING
REPAIRS AND RECONSTRUCTION OF THE STREETS; PROVIDING FOR THE TERM OF THE FRANCHISE AND GRANT; PROVIDING
FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND BOOKS; REQUIRING GRANTEE TO
FURNISH CERTAIN MAPS; SETTING FORTH THE ANNUAL PAYMENT TO THE CITY, AND THE FILING OF ANNUAL REPORTS WITH
THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH
SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE , RESERVING POWER OF EMINENT DOMAIN;
PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE;
PROVIDING FOR CONSENT TO SALE, ASSIGNMENT OR LEASE; PROVIDING FOR CITY'S CONSENT TO GAS STORAGE FACILITIES;
PROVIDING FOR PAYMENT OF PUBLICATION COST; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND
Councilmember Powel motioned that Ordinance #463 be adopted as an ordinance of the City of Ammon on this third
REPEAL.
and final reading. Councilmember Ellis seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Ellis – Yes,
Councilmember Waite –Yes, Councilmember Thompson –Yes, and Councilmember Bean – Yes. The motion passed.
6.Fire Pit Open Burn Recommendations (Stacy):
This item was tabled to the next work session.
7.Title 10, Chapter 5 Revisions – Garage Requirements in Multiple Housing Zones (Ron):
Planning Director
Ron Folsom explained it was held before Planning and Zoning last night, and Planning and Zoning recommended approval by
the Council. SCS Development, which is the one acre lot behind Edwards, paid for the hearing to have it moved forward and
this is why it is not grouped with other changes. The only question was if it would still apply to twin homes and Ron stated
yes it would.
Tom Hunsaker, P&Z, stated the argument was to make it apply by zone rather than building. The other issue was if
they did an 1100 sq ft minimum, and then required an attached garage. Ron stated that it could look like a storage building.
Tom stated today’s ordinance is 2 parking spaces for each unit containing up to two bedrooms, and 2 ½ parking spaces each
unit containing three or more bedrooms, with at least one in a garage. He talked about getting cars off the street and that single
car garages are usually used for storage. Tom stated P&Z recommended approval. Tom stated this particular development
came in with one more unit and we made them remove it. Ron stated the proposal has not changed. He explained what the
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developer asked for and it allowed 20 units per acre. Councilmember Thompson talked about the City’s architectural
guidelines before we “loosen” up. Councilmember Ellis stated he thinks we should continue down the architectural controls
path. Tom stated he would like to see the architectural controls, and all buildings built so they can be converted to ownership.
Councilmember Thompson inquired about Riverbend and if they are apartments and if it would affect them. Ron stated that
Riverbend is townhouses that have an approved site plan.
8. Ord. 467 Amend Title 10, Chapter 5 Changing Garage Requirements (Ron): Councilmember Ellis read
Ord. #467,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, MODIFYING SECTION 10-5-23-(D), PARKING
SPACES REQUIRED-1. REQUIRED PARKING, RESIDENTIAL ZONE-(b) LOCATION OF PARKING SPACES FOR DWELLINGS;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
ouncilmember Ellis motioned that the City Council dispense with the rule requiring the reading of the ordinance on
C
three different days and that the three readings be waived. Councilmember Waite seconded. Roll call vote:
Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Thompson –
Yes, and Councilmember Powell – Yes. The motion passed.
Councilmember Ellis read Ordinance #467,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO,
MODIFYING SECTION 10-5-23-(D), PARKING SPACES REQUIRED-1. REQUIRED PARKING, RESIDENTIAL ZONE-(b) LOCATION OF
PARKING SPACES FOR DWELLINGS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING
Councilmember Ellis motioned that Ordinance #467 be adopted as an ordinance of the City of
AN EFFECTIVE DATE.
Ammon on this third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Ellis – Yes,
Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember
Powell – Yes. The motion passed.
9High Plains Drilling – Change Order #2 (Lance) – paperwork pending:
. Lance recommended approval.
Lance stated at 3200 gallons per minute, we will meet sand requirements. We have substantially more water than expected.
Getting 3500 GPM out of a well is good. Councilmember Powell interjected that we went after someone on a bid bond but
now we are saying it is OK to not meet the time deadline. Lance explained the occurrences on the bid bond. Councilmember
Powell stated, well they made a mistake but they knew what the requirements were. Councilmember Ellis stated he would like
to see them penalized but feels we need to follow staff’s recommendation. The bid was bid on improper specs so they aren’t
responsible. Lance stated we have asked them to go above and beyond. If we had gone with the way it was designed, we
would have gotten 2500 GPM but we have gotten substantially more with the change. Mayor Ard stated technically we are
looking at 2 -3 more days. Lance stated the first change order covered the screen and getting it to that depth. The second
change over covers lowering the well down and the increased time.
Councilmember Ellis motioned to approve the High Plains Drilling Change Order #2, contingent on Lance receiving
the video. Councilmember Waite seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Waite – Yes,
Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Powell – No. Councilmember Powell
feels there should be some liquidated damages. The motion passed.
DISCUSSION ITEMS:
1. Tiebreaker School Crossings – revisit:
Lance stated it looks like the school crossings are in the right location now.
Councilmember Waite talked to the principal and everything seems to be working better.
2. Sales Tax – Dumpsters, Swimming, Shelter Rentals, Softball, Etc. (Jennifer/Leslie):
Jennifer clarified the
tax is due on the use not service, so the swimming pool is not taxed on the lessons but it is taxed on the rest. Jennifer stated
she would like to use the new register inside the pool area, so it will be $3.00 plus the sales tax. The older register would be
used on the ball/swimming pool registrations and the charge will be the regular amount plus tax. This will give her a sheet
with the total breakdown of taxes. We will be paying a lot more than we have, since we will be paying the swimming pool
taxes. Jennifer explained when we print new statements, we will mention the rental fee of the dumpsters on the back but until
we redo the statements, we will be listing it on the front. Councilmember Ellis inquired if the shelter rentals will be used with
the register. Jennifer answered yes. The Council was good with the proposal.
3. Misc
.:
Lance stated Well #11 has the notice of awards and asked to have them back to us by Tues or Wed, so we can
put them on the next regular session to approve them. Councilmember Ellis asked if Rockwell has gotten back to us on Well
#10. Scott recommended executive session for this discussion. No further discussion was made.
Ron checked on the motel tax. He called AIC and they advised him the only way is, if you are a district or a
recreational location. So Ammon can’t charge, unless we form a district. Councilmember Bean stated that is what the magic
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is on an auditorium district. Idaho Falls does not have a room tax. Councilmember Bean inquired if two cities can form a
district. Ron talked about bonding issues. Councilmember Bean asked Ron to check on it. Councilmember Ellis stated it
would be a strong pull to bring the recreation center out here.
Ron stated that Foothills Property committed $50,000 to the flood plain, City $50,000, County $50,000, and
Rockwell $47,500 but we will be at $191,000. Scott inquired if it was individual. Scott told Ron to send a bill and Ron stated
he has. He has talked with Melissa, when they can, they will. Councilmember Bean inquired if we have gone back to the
other participants to see, if they can contribute. It was discussed Rockwell will just say they are already paying their portion.
Councilmember Bean suggested we go back to the rest of the group and see if they can step up. Mayor Ard asked Ron to let
them know, where we are at.
Scott stated he needs to go into executive session.
Councilmember Ellis asked about Idaho Traffic Safety’s flashing lights. Lance stated he has tried several times
to get an answer. Councilmember Ellis stated a citizen said that the school speed zone signs are coming on at the wrong times
at Hillcrest. It was discussed we cannot change them ourselves.
Councilmember Waite inquired who controls the sprinkling system at the Wells because the owner by Well #5
is getting flooded out.
Ron explained Scott called him the other day and mentioned the bad smell over at Walgreen’s and they are
growing cattails. Ron stated he had Lance pull up the Idaho Falls standard and the locations can only hold water 72 hours.
Ron and Lance requested direction on the issue. Councilmember Bean said the Council could write a letter that it’s a health
issue. Lance suggested maybe approaching them from a nuisance stance. Scott stated the first step is for Ron/Lance to send a
letter that the problems have to be fixed. Councilmember Bean stated we could possibly call Dist. 7 in due to the health issue.
Councilmember Thompson said a couple of neighbors say the light stops too much on Curlew. Lance stated
they have been having a lot of problems. He stated ITD is willing to give us a new controller, if we pay for a portion of the
installation costs. He is working with Skyview Electric on it. The current controller is old technology of 17 years ago and it is
having multiple problems.
Councilmember Thompson motioned to adjourn and move into executive session pursuant to Idaho State Code 67-
2345 Subsection 1 (f) and (g). Councilmember Bean seconded. Roll call vote: Councilmember Thompson – Yes,
Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes.
The motion passed.
The meeting adjourned at 10:13pm.
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C. Bruce Ard, Mayor
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Leslie Folsom, City Clerk
10-2-08 City Council Minutes Page 7 of 7