10162008CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, OCTOBER 16, 2008
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AGENDA
THURSDAY, OCTOBER 16, 2008 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Bean
Prayer – Councilmember Powell
MINUTES:
August 7, 2008
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Variance – NW corner Sunnyside/Ammon Road – Lennis Tirrell
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2.Oversize Cost Upgrade – LDS Church on 17 Street (Lance)
3.Bridgewater Elementary – Children Crossing Ammon Road when Safety Bussing is Offered – Authorizing Lance’s Letter
(Lance)
DISCUSSION ITEMS:
1.Misc.
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Brian Powell
Councilmember Randy Waite
Councilmember Rex Thompson
City Attorney Scott Hall
City Clerk Leslie Folsom
City Treasurer Jennifer Belfield
City Planning Director Ron Folsom
City Engineer Lance Bates
City Officials Absent:
Councilmember D. Ray Ellis
Mayor Ard opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South Ammon Road.
Councilmember Bean led the Pledge of Allegiance and Councilmember Powell offered a prayer.
MINUTES:
August 7, 2008: Councilmember Kirkham motioned to accept the minutes as presented.
Councilmember Waite seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes,
Councilmember Bean – Yes, Councilmember Thompson – Yes and Councilmember Powell – Yes. The motion
passed.
10-16-08 Council Minutes Page 1 of 6
ITEMS FROM MAYOR:
None
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday October 16, 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.Mecham, Margaret B. - Lighthouse Montessori Employee – 2664 E. 1 Street
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B.Harding, Diane - Snake River Montessori Employee – 2970 E. 1 Street
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C.Uebelhack, Tara – Sunny Days Daycare Employee – 4366 E. 17 Street
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Simpli Nature – Retail Sale of Soy Candles – 3160 E. 17 Street Suite #170
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B.Comfort Air Design, LLC DBA Wiemer Heating – HVAC – 2642 E. 14 N.
C.Wally’s Tire Store – Retail Sales – 1608 Midway Ave.
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D.Eastern Idaho Wireless – Retail Sales – 939 S. 25 E. Suite #104
HOME OCCUPATION PERMITS 2008:
1.RENEWAL HOME OCCUPATION PERMITS:
A.CNS Marketing – E-Commerce – 4130 Wanda
Business License: Councilmember Kirkham motioned to approve the consent agenda as presented.
Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes,
Councilmember Waite – Yes, Councilmember Thompson – Yes and Councilmember Bean – Yes. The motion
passed.
Accounts Payable – Exhibit A: Leslie clarified with the council of the new distribution for accounts payable in
two sections. She requested to return to just one accounts payable for the packet at the night of council. Council
concurred.
Councilmember Bean asked Jennifer when the bills are paid. Jennifer explained it goes from the
department manager for coding, to Rachael for input, returning to management for verification, Leslie for audit
information and then presented to council which usually takes a couple of weeks for the entire process.
Councilmember Bean stated he would like the bills paid when due and not before. Councilmember Kirkham asked
Leslie concerning the police contract and if we had received it back. Leslie stated she personally gave them to
Samuel Hulse and she has called and not received an answer. Councilmember Kirkham will call him.
Councilmember Bean asked Jennifer questions concerning various bills for month #13. He inquired about Ken’s
janitorial if it was payroll and he is concerned that it needs to be payroll. Jennifer will research. Councilmember
Bean will put a 13 on the ones he wants and Jennifer will review them. Councilmember Powell asked Jennifer
concerning the stipends for the fire fighters and according to the dates it looks like we are prepaying them. Jennifer
said the budget year goes from Oct – Sept. they are not being prepaid. Mayor Ard stated we run a quarter behind
every time. Council asked that it be marked for the proper quarter, which would have been fourth quarter. Jennifer
stated that no payroll taxes are held and each fire fighter has signed a form understanding this. Scott Hall inquired
concerning Aflac and the individuals name on the form. He feels it should be stated as a group total not individual
since it is a personal matter and child support payments should be treated the same. Councilmember Bean inquired
if we have to list them on the accounts payable. Leslie explained that they must be on the accounts payable, since
we are driving a City check for payment.
Kirkham motioned to approve account payable as presented. Councilmember Powell seconded. Roll
Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes,
Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
PUBLIC HEARINGS:
None
10-16-08 Council Minutes Page 2 of 6
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
ACTION ITEMS:
1. Variance – NW corner Sunnyside/Ammon Road – Lennis Tirrell:
Ron explained Lennis has concerns
on the landscaping and stoplight. The property is 165 ft. x 165 ft. which after landscaping would leave him with 135
ft. x 135 ft. Elaine McGary testified at the P&Z hearing and called Ron again today to express her support for the
variance request. Elaine would actually support a 10’ landscape strip. Planning &Zoning recommendation is for 15
feet and they felt it met all five variance requirements. Councilmember Thompson asked if it was the same size as
the Speedimart size. Ron feels it is close.
Lennis Terrill, 3195 Molen Street Ammon, ID. 83406 presented the Council with a letter which he read
into the record (the letter is attached with these minutes).
Roger Sheehy 3930 Taylorview Lane, Ammon, ID. 83406 stated why they are frustrated. They were first
turned down for a car lot, then with the excess cars on the corner they were approved, now Maverik is here and the
Council requests a stoplight and feels if it would have been approved initially the stoplight would not have been an
issue. They have paid for another zone variance. There are several areas in Ammon specifically Ammon Point
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3300 block of 17 next to Eastgate Drug and they are asphalted to 17. Councilmember Kirkham stated it was
before our landscaping ordinance. Roger mentioned Geraldine’s Bakery with 16 foot strip of grass. Roger stated
Lennis wants no grass at all but it is a joint venture. Roger doesn’t mind the grass.
Councilmember Kirkham stated first of all the variance is to allow asphalt to the road, and second is to
reconsider the stoplight on all corners. Lennis stated that is correct.
Councilmember Bean asked Lennis why he doesn’t want any grass. Lennis stated it’s probably the same
reason the City of Ammon chose to put blacktop all along Sunnyside Road, which was probably the upkeep.
Councilmember Bean said we didn’t have the ordinance then. Ron stated all of the property on Sunnyside with
asphalt is residential property. Ron said on the south side we have landscaping and north side of Kohl’s is also
landscaped except from Carolyn on. Lennis stated he feels he doesn’t have the depth for 30 feet. Councilmember
Thompson said maybe not 30 but you can accommodate some landscaping. This helps to beautify the City.
Ron stated the water retention on this property goes into the City storm drainage system. Councilmember
Kirkham said the size of the lot may not be a long term situation, however if someone wants something bigger, they
will have to buy more land. Councilmember Kirkham said Speedimart is on two lots. Ron stated P&Z
recommended 15 feet on both sides plus the sidewalk. The ordinance says a combined landscaped design which
includes grass. Councilmember Bean stated we are looking for green area and landscaping. Councilmember
Kirkham feels we need to reach a compromise regardless of how much money Lennis and Speedimart has we have
to be consistent. Councilmember Bean stated he has no problem reducing the size of the greenspace and feels half
is a good compromise. He inquired as to how long a variance lasts. Councilmember Thompson said it’s until the
use changes. Ron stated this property is always going to be this size unless residential is obtained. This request
might end up going on down the areas of Ammon Road due to the depth of the other properties. Ron explained that
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the 17 Street transition zone is one house removed for every two lots. Councilmember Bean asked Ron if this will
come back to haunt us in the transition zone. Ron stated he doesn’t feel it will since the Planned Transition Zone
was really covered in detail. Councilmember Bean stated he is happy with P&Z’s recommendation.
Roger stated he feels fine with 15 feet because we have 15 feet with Geraldine’s. Councilmember Kirkham
stated she would feel fine with 10 feet since even this lot with no grass improves this lot and it would make it
economical. Councilmember Bean stated he is concerned we will face this with others and this will become a
standard. Councilmember Waite stated Legends has a burm which is why you can’t tell the size.
Ron stated Eastgate Drug in order to meet the parking requirements they barely had enough room so it was
calculated how much landscaping was needed on the lot and they put it where it could meet the requirements.
Lennis asked if he could put grass on the back not the front. Lennis stated he feels Roger’s success will be
enhanced, if the cars are closer to the street. Councilmember Waite stated he feels if the cars are right on the road,
it might impinge on visibility. Ron stated the lots we have in the City without landscaping is what drove the
landscape ordinance.
Scott Hall stated variances run with land. Ron stated if Lennis decides to buy the lots around him, he
would have to come back in and request another variance. Lance said there is no variance on the site corner triangle.
Scott stated that the Council is granting this variance due to the size and should be reflective of this reason.
Councilmember Bean motioned to approve a variance for a 15 foot landscape buffer on Ammon Road
and Sunnyside but no variance for the site corner triangle conditioned upon the fact that if this property expands in
10-16-08 Council Minutes Page 3 of 6
size then Council has the right to review the variance based upon the then existing ordinance. Councilmember
Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember
Thompson – Yes, Councilmember Waite – Yes and Councilmember Kirkham – No (based on the fact she feels it’s
an economic hardship based on the size and use of the lot). The motion passed.
Councilmember Bean feels that the traffic light section of this should go to a work session.
Councilmember Thompson mentioned we are not looking for a round-a-bout since it doesn’t allow a stop. Mayor
Ard said unless you want us to take more of your land you don’t want a round-a-bout.
Lennis feels when he talks to people about this land they will hesitate on the $90,000 stoplight and makes it
impossible for anybody to use these lots. The Council decided to move this item to the work session the second
week of December.
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2. Oversize Cost Upgrade – LDS Church on 17 Street (Lance):
Lance said he has required a 12 inch water
line due to Schiess and Assoc’s recommendation. The figures to get from a 12 inch line instead of 8 inch line are
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$20,547.00. The stake center is running a water line past the frontage of their property on 17 so they can connect
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on and since they are developing the land they are upsizing it. Mayor Ard said when we get 21 to here we will be
able to hook into it. Councilmember Bean asked Lance if this helps with the looping. Lance stated yes and it helps
with the whole system improvement. Ron stated that the development agreement says 8 inch. Lance stated he is
hoping the funding will come as part of the water system improvements, since the whole thing would have been paid
by the City.
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Councilmember Bean motioned to approve the upsize cost for the section on 17 street that the LDS
Church is running. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and
Councilmember Powell – Yes. The motion passed. Lance will talk with Ted Hendricks on this for the funding.
3. Bridgewater Elementary – Children Crossing Ammon Road when Safety Bussing is Offered – Authorizing
Lance’s Letter (Lance)
Councilmember Kirkham recommended sending the letter to Guy Blisner and cc it to
Dr. Shackett.
Councilmember Kirkham motioned authorizing Lance’s letter to the School Dist Guy Blisner.
Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes,
Councilmember Thompson – Yes, Councilmember Bean – Yes and Councilmember Waite – Yes. The motion
passed.
DISCUSSION ITEMS:
1. Misc.:
Lance stated the Hill Tank #1 floor was poured yesterday. Lance stated the water pressure should be
less than 110 pounds but the numbers have to be maintained to service the houses up on the hill. Councilmember
Kirkham said there are some stating they are at 130 pounds. Lance stated at this time, there is no way around this.
Councilmember Kirkham stated they were asking if the City will pay half on a reducer. Lance stated this situation
will last until July next year. Mayor Ard asked Lance what if we close the valve. Lance we can’t change it much.
Councilmember Kirkham stated let’s start with putting a pressure valve on Brian’s and see what the pressure reads.
Ron stated 10 years ago a 1 inch pressure reducer was $70.
Lance stated he has not received any drawings on Well 10. Mayor Ard stated he met with Rockwell on the
Well House and figured if we change the roof line, we can do the façade on it. Lance stated it will be late spring
and the cost will be more, since we have to do more on the concrete. Mayor Ard stated he will call Brent in the
morning.
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Lance stated the 17 Street water line had a valve that was not shut off properly – people were out of
water for two days and the City put them up in a hotel. The valve is now taken care of.
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Lance advised that 21 street is paved.
Ron brought the Council up to date concerning Dove’s Landing. They brought items in but they
hadn’t had Lance review it. Planning and Zoning tabled it until Lance could look at it. Dove’s Landing has since
sent Lance the changes that were brought up at P&Z but they still haven’t talked with Lance. The flood plain and
10-16-08 Council Minutes Page 4 of 6
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sewer are critical issues. Lance stated they aren’t looking at doing anything with 17 Street until the fourth phase of
the project. Ron has left a message stating he has two concerns – they haven’t even platted the flood plain. Ron
feels they are maybe pressing due to financing concerns but the City has to consider other items. Ron stated they
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should move 17 Street into Phase 1. The Council agrees with Ron and Lance on how to proceed.
Councilmember Thompson asked if there have been any changes on the traffic light on Curlew.
Lance stated no there has been some work on it but no information on the controller yet. Lance stated it wasn’t a
used controller just old technology.
Jennifer stated we got the fourth payment from DEQ on the water project. She has the CD’s broke
out at the end of the general ledger and the water project. Councilmember Bean asked Jennifer if it should be
running through a revenue source not general ledger. Jennifer stated when it comes in we put it to cash and notes
payable to DEQ. Councilmember Bean stated he is concerned that we aren’t getting the revenues over to pay the
expense. He requested that Jennifer talks with Judy on the procedure she is doing. Jennifer stated she feels capital
outlay is for items that last and asked if we should be expensing them. Councilmember Bean said its okay to capital
outlay them. Jennifer stated these are preliminary period 13 financials and there will be adjustments.
Jennifer stated the fuel credit cards are accepted at various fuel stations. Councilmember Kirkham
stated her only concern is that it’s going to the department heads. Jennifer said the fuel cards would be only used
for the cars. The way the fuel cards work are the individual would swipe the card, insert pin #, vehicle license #,
current mileage of the vehicle and the statements will break it all down and calculate the mileage for us.
Councilmember Kirkham is open to the idea. Jennifer stated it has a $40 set up fee for the account and $2 per card
per month. Councilmember Kirkham requested Jennifer talk later and narrow it down for the Council.
Councilmember Bean asked about the $217.58 finance charge from Butler Engineering. Lance stated
he thought it was to be paid through Mountain River Engineering but evidently that wasn’t what happened and it
was held up for a long time. Councilmember Bean said he is against paying the finance charge. Lance said if we
pay the balance, he will try and get them to drop the finance charge. Council said okay to pay everything but the
finance charge.
Councilmember Bean asked Councilmember Waite about the $13 per hour temporary help in the parks.
Leslie stated he had high school kids and they have gone back to school. Councilmember Waite said he will be
looking at the $1200 gas used in parks this past month. Councilmember Powell said he is paying $8.50 an hour for
temps. Councilmember Bean asked Lance to check into it. Jennifer’s husband said if you ask for any skilled labor,
it is a different rate. Lance explained Jason and Rick are requesting the temps. Mayor Ard said if you are asking for
a CDL license, you might have to pay this price. Councilmember Bean said to see if we can reduce our cost.
Councilmember Kirkham asked if we could use high school students after school. Leslie stated it does get dark
earlier now.
Councilmember Kirkham stated that the safe routes for school invoice for $27,700 needs to be paid
and she is concerned with how we are going to recoup the funds. She has talked with Paul Snarr at Schiess and
Assoc to help collect these funds and if he collects the funds, he gets a percentage which we would split it with the
school since the school is splitting the cost of the bills. Scott Hall stated it’s a contingent fee to him. She’s not sure
what the percentage is, at this time. Councilmember Bean wants them to go after the $87,000, since they have at
least purchased the products. Lance stated the hourly rate for civil engineers is over $100 per hour. Mayor Ard
stated to ask him what he wants.
Councilmember Kirkham explained that staff hasn’t really complained but it has been brought to her
attention that councilmembers call and make requests so it’s hard for them to know who gets priorities. Council
needs to prioritize what we need and advise them. Councilmember Kirkham stated that some citizens feel that the
Council is rude and doesn’t listen when they are doing sidebar conversations and they have to repeat themselves.
Councilmember Kirkham asked the Council to be sensitive, as well. Councilmember Bean agrees.
Councilmember Kirkham mentioned that there’s a truck at Walker Produce staying overnight and
Gahn would like us to contact Walker’s since it runs all night and the man uses the side of the building for relieving
himself. Gahn would like the Council to request that he goes somewhere for overnight stays. Councilmember Bean
said we have tried to address this. Leslie stated this is an industrial zone. Councilmember Kirkham stated they
moved there knowing Walker’s was there. Ron stated there’s nowhere in the commercial area ordinances that we
can prohibit them from staying there. Mayor Ard suggested having the truck park on the eastside of the building.
Councilmember Kirkham will send him an email.
10-16-08 Council Minutes Page 5 of 6
Councilmember Kirkham stated she is concerned about the sewer project that we agreed to pay the
$600,000 and she hates to see Sunnyside torn up through the winter. Lance stated that the last he heard they weren’t
going to do anything until spring. Scott met them last week and their attorney said he had sent a draft for Hawk’s
Landing to his client.
Councilmember Powell asked if the park in Quail Ridge is under McDaniel’s name. Ron stated it’s
not in ours. Councilmember Kirkham stated it’s not a park it’s just storm water retention. Scott Hall said the Quail
Ridge homeowner’s assoc is defunct. It was administratively dissolved since they didn’t file the annual papers.
Councilmember Powell asked where’s the $9000 that’s suppose to be in a fund. Scott Hall said there probably were
documents filed but sometime in the last year it was administratively dissolved, since the annual documents were
not filed with the State. Councilmember Powell stated so there’s no authority to collect dues. Scott stated generally
you can file documents to reactive it. Scott stated Steve has found that there are 40 entities and over half of them
are administratively dissolved. Scott said we should require a current statement of authority that they file with the
Secretary of State.
Leslie asked about putting Jennifer on the earlier part of the agenda. Leslie stated she would like to
put an agenda line in for her. Council concurred.
Lance asked about the random drug testing does it go to the individual dept. or general govt. and how do
we budget for it. Leslie stated she didn’t think anyone budgeted for it. Lee stated he will let Leslie know when he
can meet with management to go over the allocated items.
Lance has drafted a letter for the storm drainage on Walgreens but he hasn’t sent it yet.
Mayor Ard stated that Ron met with Grow Idaho Falls and wanted to be sure we were on board. Ron stated
we will give the same as last year which was $1000, per Mayor Ard.
Mayor Ard stated that the judicial confirmation has asked for more documentation.
Councilmember Powell is working with Bruce Patterson to set-up a meeting on fiber.
Lance stated he is trying to get a Sensus guy here to answer the Council’s questions concerning the WI-
Max issues.
Councilmember Thompson moved to enter executive session pursuant to provision of Idaho Code 67-
2345, Subsection 1 (f) (g). Specific topics covered were Personnel Issues and Pending Litigation. Councilmember
Powell seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Powell – Yes,
Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion
passed.
The meeting adjourned into executive session at 9:50 pm.
The meeting reopened into regular session at 10:35 pm. Councilmember Bean motioned for a hiring freeze
to be in place for all permanent employees unless specifically approved by the City Council. The hiring freeze does
not apply to volunteer firefighters. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes and Councilmember
Thompson – Yes. The motion passed.
Councilmember Bean motioned to adjourn at 10:40 pm. Councilmember Powell seconded. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Kirkham
– Yes and Councilmember Thompson – Yes. The motion passed.
______________________________________
C. Bruce Ard, Mayor
__________________________________
Leslie Folsom, City Clerk
10-16-08 Council Minutes Page 6 of 6