08062009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, AUGUST 6, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, AUGUST 6, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Waite
Prayer – Councilmember Kirkham
MINUTES:
June 4, June 11, June 18, July 2, July 16 and July 23, 2009*
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:*
ACTION ITEMS:
1.Salary Spreadsheet/Policy (Bean)*
2.Approval Budget 2009 – 2010 (Jennifer)*
3.Proposed Policy 10-004 - City Credit Card Use (Jennifer)*
4.Resolution 2009-017 - City Credit Card Use Policies and Procedures*
5.Change Order #1 - Sunnyside/Crowley Sewer Line (Lance)*
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6.Change Order #2 - 45 Street Waterline Transmission (Lance)*
7.Proposed Policy 10-003 - Meeting Agendas (Leslie)*
8.Resolution 2009-016 - Meeting Agenda Policies and Procedures*
9.Proposed City Code Changes Title 1, Chapters 5 Mayor and Chapter 6 Council (Leslie/Ron)*
10.Ordinance 479 Title 1, Chapters 5 and 6 Election Procedure of Mayor and Council*
11.Well 10 – Redesign Harper Leavitt (Lance)*
DISCUSSION ITEMS:
1.3590 Vaughn Shut-Off (Leslie)*
2.Bridgewater Landscaping (Ron)
3.Ross Lift Station (Lance)
4.Misc.
MINUTES
City Officials Present:
Councilmember Dana Kirkham (arrived 7:45 p.m.)
Councilmember Lee Bean
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:
Mayor Bruce Ard
Councilmember Brian Powell
8-6-2009 Council Minutes Page 1 of 7
CALL TO ORDER:
Councilmember Bean opened the meeting at 7:38 p.m. at the City Office building
located at 2135 South Ammon Road. Councilmember Waite led the Pledge of Allegiance. Councilmember Bean led
the prayer.
MINUTES: Councilmember Kirkham arrived at 7:45 pm
June 4, 2009: No quorum, Councilmember
Kirkham motioned to table the minutes for June 4, 2009 until there is a quorum. Councilmember Waite seconded.
Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and
Councilmember Thompson – Yes. The motion passed.
June 11, 2009: No quorum. Councilmember Kirkham motioned to table the minutes for June 11, 2009 until
there is a quorum. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes,
Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion
passed.
June 18, 2009: No quorum. Councilmember Kirkham motioned to table the minutes for June 18, 2009 until
there is a quorum. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes,
Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion
passed.
July 2, 2009: No quorum. Councilmember Kirkham motioned to table the minutes for July 2, 2009 until
there is a quorum. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes,
Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion
passed.
July 16, 2009: No quorum. Councilmember Kirkham motioned to table the minutes for July 16, 2009 until
there is a quorum. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes,
Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion
passed.
July 23, 2009: Councilmember Kirkham motioned to approve the minutes as presented.
Councilmember Waite seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes,
Councilmember Bean – Yes, and Councilmember Thompson– Yes. The motion passed.
ITEMS FROM MAYOR:
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday August 6, 2009
License applications, carrying the required documents, pending approval of the City Council:
FARMERS MARKET LICENSE – Needing Generator Approval from Council:
1.
MD’s Dinky Donuts – Ammon Park Center Vendor – 2952 N. Midnight Blue / I.F. 83401
GENERAL BUSINESS LICENSE:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
A.Mountain Valley Assisted Living – Assisted Living – 3840 E. Sunnyside Rd.
B.McPherson & Associates – Finance – 1488 Midway Avenue
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Window World of Eastern Idaho – Retail Sales – 3330 E. 17 Street
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B.DaVi Nails – Nail Salon – 1201 S. 25 E.
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C.Simpli Nature – Retail Sales – 3160 E. 17 Street, Suite #170
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D.Valley Assisted Living Center – Assisted Living – 2705 E. 17 Street
HOME OCCUPATION PERMITS:
1.NEW HOME OCCUPATION PERMITS:
A.Sentinel Estate Services, Inc. – Estate Management – 4223 Christy Lane
8-6-2009 Council Minutes Page 2 of 7
B.Imprint’s Unlimited – Promotional Products Distribution – 5635 Thunder Drive
2.RENEWAL HOME OCCUPATION PERMITS:
A.New U – Salon – 3425 Owen
B.Marv’s Barber Shop – Barber Shop – 2955 Central
C.Hadley In Home Daycare – Daycare – 3500 Rich Lane
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Lewis, Barbara – Bartender/Firehouse Grill – 2891 S. 25 E.
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B.Abens, Justin – Bartender/The Cellar – 3520 E. 17 Street
MISC: MASSAGE ESTABLISHMENT
1.RENEWAL MASSAGE BUSINESS LICENSE:
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5 E.
A.Thomas, Katelyn – Massage Therapist/Massage Envy – 3047 S. 2
Business License*: Leslie explained MD Dinky Donut’s was originally approved at the Farmer’s Market at
Liberty Square, however, they now want to move to Ammon Park Center. They had power at Liberty Square, but at
Ammon Park Center there are too many people pulling power so she will need to use a generator.
Councilmember Kirkham motioned to allow MD Dinky Donut’s to use a generator and accepted the
balance of the business licenses, as presented. Councilmember Bean seconded. Roll call vote: Councilmember
Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes.
The motion passed.
Accounts Payable – Exhibit A: Councilmember Bean motioned to accept the accounts payable, as
presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember
Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
None
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:*
Leslie clarified to the Council that
when a constituent informs her that they might be attending the meeting, she will try and give the Council the
information necessary to help assist with their concerns. Council agreed with the new procedure.
ACTION ITEMS:
1. Salary Spreadsheet/Policy (Bean)*:
Councilmember Bean explained the step in grade program.
Everyone has to have a performance review which will be approved by the Mayor. Any increase above the step-
grade level will have to have full Council approval, before it can be done. Scott Hall said it will have to be passed
every year as a policy.
Councilmember Bean motioned to accept the Salary Spreadsheet/Policy including the policies that are
presented therein. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes,
Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion
passed.
Lance asked when the increase should be given. Councilmember Kirkham said to do it in May or June
with the effective date of October. Jennifer said she would like it by July, so she can enter it into the budget.
Councilmember Bean said to make it by the end of June. Jennifer asked the Council if she can fill out the raise
sheets for the Mayor, manager then employee to sign, so the employee is aware. Council concurred this would be
acceptable.
8-6-2009 Council Minutes Page 3 of 7
2. Approval Budget 2009 – 2010 (Jennifer)*:
Jennifer explained she received the property tax
information and the taxes are going to increase by $9,967. Councilmember Bean asked Jennifer how much the City
will be transferring to the street department. Jennifer said the totals show on page 5 line item 10-14, that shows the
amounts we are transferring to the parks department, and building department to cover their deficit and later they
would repay the general fund, but to streets the City transferred $452,000. Jennifer said after she increased the
property tax, the amount that is going to streets will increase by just under $10,000. Councilmember Bean asked
about the building expansion, if this is something that is not intended to spend. Jennifer said at the end of the
budgeted year when she does the audit, it will show the beginning balances. Councilmember Bean stated that the
street department doesn’t balance. Lance said we won’t be spending the money this year, so $300,000 will carry
over from this year, which will balance this for the future. Councilmember Bean asked about the sewer department,
if there are any interest payments in this. Lance said there is $400,000 that should cover the interest on the bond
amount and payments. Jennifer said it was increased by 50% to balance. Sewer has the $400,000 payment and $1.2
million in for water. Jennifer said that was the entire increase. Councilmember Bean said he thinks we should put
the entire debt surface in the bond for the sewer. Jennifer said this next year is when we will be expending a lot of
the money and getting the project going and we won’t actually be making the payments for it yet. Whereas on the
water project, we are farther along. Councilmember Bean asked Lance to decrease the garbage cans and
increase the revenues.
Councilmember Bean motioned to approve the preliminary Budget 2009 – 2010 with sanitation and
property tax revenue changes. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes,
Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion
passed.
Jennifer said the final budget is set for August 20, 2009.
3.
Proposed Policy 10-004 - City Credit Card Use (Jennifer)*:
Jennifer explained the credit card
policy to the Council that has been distributed to the staff’s management.
Councilmember Kirkham motioned to accept the Proposed Policy 10-004 - City Credit Card Use.
Councilmember Thompson seconded. Roll call vote: Councilmember – Kirkham -Yes, Councilmember Thompson
– Yes, Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion passed.
4. Resolution 2009-017 - City Credit Card Use Policies and Procedures*:
Jennifer explained it’s not
included in the personnel manual, since the credit cards are for specific employees and not all.
Councilmember Bean motioned to accept the Resolution 2009-017 - City Credit Card Use Policies and
Procedures. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember
Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed.
5. Change Order #1 - Sunnyside/Crowley Sewer Line (Lance)*:
Lance explained that there is a fair
amount of asphalt, which was there prior to our projects, which has disappeared. If we follow the current
Bonneville County specifications and put it back as a patch, the City would have to go to at least the center or the
center line of the road. If we look at the sewer side and saw cut out and patch back, most of the time you would be
at least to the center of the lane on the northbound lane. Lance feels this is a good opportunity and most of the
repairs would be Sunnyside to Majestic, which would end up with a new County road instead of patching. The price
would be approx. $186,000 as a separate project and part of the costs are in the other projects. Half of the road is
$75,470.40. Currently in the budget there is $25,705.64, so the net change order would be $49,764.76 for a new
road. The water portion is $83,602.18. Councilmember Bean asked why it is so much more. Lance said on the
water side the existing asphalt had to all be replaced and it went a little further than the sewer line. Ron said he
spoke with Jerry Mason and it was clear to him that we would be replacing a County road. Scott said if your
engineer determines you are going to patch it, and in the relative near future the County decides it is not going to
hold up, then they will make you go back in and do it again. If your cost is less to go in and do it now, that
ultimately is a savings for the City. Councilmember Bean asked how we will pay for this. Lance said on the sewer
side we have asked for developer participation. On the water side this is part of the bond and there is close to
$700,000 in funds not allocated for, so the $83,000 would still come out of the $700,000, which is tied directly to
the water line in Crowley Road. Councilmember Bean asked if we could go wider. Lance said this reflects two 14
foot lanes and he doesn’t feel we have this option without redesigning the road. Councilmember Bean asked what
8-6-2009 Council Minutes Page 4 of 7
the share price is. Lance said there is another portion that is $1431.00 for extra sewer services; including that and
the road means Jeff Hawk’s portion would be $20,478.30.
Jeff Hawkes, 6484 E. Sunnyside Rd., is concerned whether this addition is part of the previous agreed
to items. This is a subjective thing and the Council is assuming it is a project cost. Their bid tab called for patching
the road. He agrees with Lance that improving the road is the right thing, but doesn’t feel this is part of the sewer
project. He feels it’s a new project to improve Crowley Road. Councilmember Kirkham said it’s a project that
wouldn’t be necessary, if we hadn’t put the sewer line in. Jeff said their bid tab allows them to put it back in the
same condition it was the year before. Sommer said it would be better than it was before, where they would replace
both sides and it would last 5 or 10 years. He is impressed with Lance and his foresight. Councilmember Kirkham
asked how much you have set aside for patching. Lance said $25,705.64 for asphalt and chip seal. Councilmember
Bean asked how much was committed to this project. Lance said the understanding was we would commit up to
$600,000 and we are at $450,000 or $475,000. There is also the clean up chip seal repair. Lance feels we will be
close to $500,000 on the contract total. Lance said the road will be worse than it was before due to the heavy truck
traffic which led to base failure. Councilmember Bean asked how RMES feels about the road. Lance read the
response letter from RMES. The most cost effective way is to replace the road. Number one is rebuilding the road,
which would cost $133,000. Lance said he has received a letter from Keller Assoc. on the water. The pavement on
both sides of the road from the center of the travel lane was removed for pipeline installation. It appears now that
the construction is finished. Keller recommends replacing the full width of road which shows signs of heavy wear
and it would be an ideal time to construct the full section. Ray said it would be 9” of road base with 2” of crush.
Councilmember Thompson feels Jeff is right, but he feels the project needs to be done. Councilmember Waite feels
it should be done. Councilmember Kirkham feels we should replace the whole road. Councilmember Bean asked
the Council what they felt about Jeff’s responsibility. Councilmember Waite feels its part of the same project and
by doing what we did, it destroyed the road. Councilmember Thompson said it wasn’t part of the original bid.
Lance said it was his decision to not complicate things by having the water side patch it, and then the sewer destroys
this new section. Councilmember Kirkham said its $30,400. Jeff said he is already committed to $10,000 and we
are asking for an additional $20,000 for a total of $30,400. Councilmember Bean asked Lance how much the
change order was. Lance said $49,764.76 on the road repair, an additional $1,431 for 9 additional sewer services,
which will bring the total to $51,550.76. Councilmember Bean said if the road base was compromised, then it
should be repaired.
Councilmember Bean said the bid tab was to put it back to its original condition. Lance said if the
water line hadn’t gone through, you would have to replace at least half of the road. Councilmember Kirkham asked
Lance what the lifeline of the road was. Lance stated there was 4-5 years left. If we patch it, it will last 2-3years.
The rutting is showing up, which is an indication of base failure. Councilmember Waite asked if the County has to
sign off on the road. Lance stated yes. The County’s assistant said he would have a hard time accepting the road
without the work. Jeff stated it’s not part of the project. Lance said it’s a change order. Councilmember Bean
asked what the contract says. Jeff said put it back to the original condition, which will be patching and repairing the
pavement. Lance said we cannot, by laying a fresh coat of asphalt, return it to its original condition without
putting down the road base. Councilmember Bean said the City has stepped up to the plate for Jeff.
Councilmember Bean said the contract said it had to be put back to original condition, County will probably not
accept it the way it is, so we will be forced to do it anyway. Doesn’t this make it part of the project? Jeff said he
has talked to three other engineers. Scott said it could be determined, if the County accepts it or not. Lance said
Kevin will meet with him on Monday. Scott said we have to see what the people who own the road will say.
Councilmember Kirkham motioned to do the road based on the County recommendation. Councilmember
Thompson said to Lance when you meet with the County, we need to ask about Sunnyside also. Ray Ellis, Public
Works, stated we have a window of opportunity and if we don’t make a decision we will be into October without a
road. First motion was withdrawn.
Councilmember Kirkham motioned to table Change Order #1 - Sunnyside/Crowley Sewer Line, Change
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Order #2 - 45 Street Waterline Transmission and address it in a special meeting concurrent with the next work
session. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean –
Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
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6. Change Order #2 - 45 Street Waterline Transmission (Lance)*:
This was tabled in the previous
motion.
8-6-2009 Council Minutes Page 5 of 7
7. Proposed Policy 10-003 - Meeting Agendas (Leslie)*:
Councilmember Kirkham motioned to accept
the proposed policy 10-003 – Meeting Agendas. Councilmember Waite seconded. Roll call vote: Councilmember
Kirkham – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Thompson– Yes.
The motion passed.
8. Resolution 2009-016 - Meeting Agenda Policies and Procedures*:
Councilmember Kirkham motioned
to accept Resolution 2009-016 – Meeting Agenda Policies and Procedures. Councilmember Waite seconded. Roll
call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and
Councilmember Thompson– Yes. The motion passed.
9. Proposed City Code Changes Title 1, Chapters 5 Mayor and Chapter 6 Council (Leslie/Ron)*:
Leslie covered what this will help with for the future. Ron advised the Council of the addition on the Mayor’s
ordinance.
Councilmember Kirkham motioned to accept Proposed City Code Changes Title 1, Chapters 5 Mayor and
Chapter 6 Council. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes,
Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion
passed.
10. Ordinance 479 Title 1, Chapters 5 and 6 Election Procedure of Mayor and Council*:
Councilmember
Bean read
Ordinance 479 an ordinance of the City of Ammon of the State of Idaho amending and adopting the City Code Title 1, General
Administration, Chapter 5 Mayor adding new sections 11 through 14 for election declaration and petitions, Chapter 6 Council amending Section
1-6-3 open meeting, amending 1-6-10 declaration of candidacy amending Section 1-6-12 form of petition providing for severability repealing
Councilmember Bean motioned to recommend that the City Council
conflicting ordinance and providing an effective date.
dispense with the rule requiring the reading of the ordinance on three different days and the three readings be
waived. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember
Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
Councilmember Bean read
Ordinance 479 an ordinance of the City of Ammon of the State of Idaho amending and adopting the
City Code Title 1, General Administration, Chapter 5 Mayor adding new sections 11 through 14 for election declaration and petitions, Chapter 6
Council amending Section 1-6-3 open meeting, amending Section 1-6-10 declaration of candidacy amending Section 1-6-12 form of petition
Councilmember Bean motioned to accept
providing for severability repealing conflicting ordinance and providing an effective date.
Ord. 479 as an ordinance of the City of Ammon on this third and final reading. Councilmember Kirkham seconded.
Roll Call Vote: Councilmember Bean – Yes, and Councilmember Kirkham, – Yes, Councilmember Thompson –
Yes and Councilmember Waite – Yes. The motion passed.
11. Well 10 – Redesign Harper Leavitt (Lance)*:
Lance explained that there is a redesign charge of
$8,000 because the water increase needed an increase in size and wondered if he should process the payment.
Councilmember Kirkham motioned to pay Well 10 Redesign for Harper Leavitt and authorize the Mayor to
pay it. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite –
Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
DISCUSSION ITEMS:
1. 3590 Vaughn Shut-Off (Leslie)*:
This was previously discussed.
2. Bridgewater Landscaping (Ron):
Ron discussed the progression on Bridgewater Landscaping. Scott
said the building going in is just north of Walgreens. In order to get the occupancy permit, they have to expand the
road right-of-way. Lance said the roadway is essentially ready to go. It’s gone out to bid and Dean Mortimer wants
to get that done and he knows it’s a condition to receive a certificate of occupancy. Councilmember Bean stated his
concern is issuing temporary permits when the roadway is not in. Ron said Scott asked if we got Sonic taken care of
on the weeds. Ron said they have sprayed the weeds and will be cutting them. Councilmember Thompson said
there are a bunch of noxious weeds on Trailwood. Ron said the church is the owner.
3. Ross Lift Station (Lance):
Lance said there are issues with the smell and bio-filter. Councilmember
Bean said they are concerned with their water being contaminated. Lance said Forsgren is working on this.
8-6-2009 Council Minutes Page 6 of 7
4. Misc.:
Councilmember Bean asked what was happening on IBSD. There are still extensive
discussions concerning the design. Councilmember Bean stated he wants to be sure that the lines are completely
separated when this is completed. Lance said he would.
Scott stated he has received a substantial completion letter on Well 10 and he wonders where we are at on
this. Lance said we have a walk-thru scheduled tomorrow. Scott also advised the Council that the Duvall’s
bankruptcy has been discharged.
Ron said the City has approved Wendy’s, skilled nursing center, and Panda Express in the Wal-Mart
parking lot.
Lance said Natural Harvest will be fixed. They have found a way to isolate it. HK will be out there
Monday afternoon, after they raise the manhole, to fix the fire hydrant.
Councilmember Bean stated he had Ron call Jerry Mason to find out if you can move funds from one
fund to another. Jerry Mason said you can’t but you can borrow from one fund to another. Ron stated that Jerry
said if you want to borrow from the water fund to the street fund, then you have to charge at the rate of the treasury
which is ½% today. The City should always do it, via contract, with an obligation at payback. Councilmember
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Bean said maybe the City could engineer 17 street and say we have 2 projects, are we going to borrow funds from
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another fund on 17 Street. Scott said the biggest concern with borrowing is that you are saddling future Councils.
Councilmember Bean said that’s why you don’t strip your funds.
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Councilmember Kirkham said the sewer treatment plant tour that was set for Aug. 10 didn’t work out, so
we need to find a time to go. Forsgren is trying really hard to get us all there and it behooves all of us to see the
plant. This is a PR item and becoming informed, so if anyone asks us questions we can answer them. It was
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decided to do it on August 20 before the Council meeting.
Councilmember Kirkham motioned to adjourn. Councilmember Waite seconded. Councilmember
Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes.
The motion passed.
The meeting adjourned at 10:33 p.m.
______________________________________
C. Bruce Ard, Mayor
__________________________________
Leslie Folsom, City Clerk
8-6-2009 Council Minutes Page 7 of 7