09032009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, SEPTEMBER 3, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, SEPTEMBER 3, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Thompson
Prayer – Councilmember Powell
MINUTES:
August 6, and August 13, 2009*
ITEMS FROM MAYOR:
Appreciation Award - Bonn. County Sheriff’s Inmate Labor Detail* (Mayor/Ken)
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A – 8-20-09 Amended*
9-03-09
ITEMS FOR/FROM TREASURER:
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
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1.Rite Stop #2 – John Oh Owner - Hitt Road and 1 Street Improvements*
2.Sunnyside/Ammon Road - Lennis Corner – Jeanette McKinney 313-7170 Snow Shack (Leslie/Ron)
3.Peterson Park Grant $68,460 Approval – OK Mayor Signature (Ken)*
4.Resolution 2009-019 – Utility Rates – Adjustment for Church Sewer Charges (Ron)*
5.Contract Approval for Bonneville County Law Enforcement Agreement (Kirkham)*
DISCUSSION ITEMS:
1.Turtle Bay (Leslie)
2.ERU rate structure approval effective Oct 1, 2009 (Leslie/Lance)
3.Water Projects – Additional Pressure Reducing Valve – Well 9 – Quail Ridge (Lance)
4.Sunnyside Sewer – Chip Seal Compromise Proposal – Ammon Road to Crowley Road (Lance)
5.Misc.
EXECUTIVE SESSION:
1.Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Scott/Ron)
2.Personnel Evaluations Pursuant to Idaho Code 67-2345 (1-b) (Bean)
MINUTES
City Officials Present:
Councilmember Dana Kirkham – Mayor Pro-tem
Councilmember Rex Thompson
Councilmember Lee Bean
Councilmember Brian Powell (leaves at 9:21 p.m.)
City Attorney Scott Hall
City Clerk Leslie Folsom
City Planning Director Ron Folsom
City Engineer Lance Bates
City Treasurer Jennifer Belfield
City Officials Absent:
Mayor Bruce Ard
Councilmember Randy Waite (phoned in for minutes approval)
9-3-09 Council Minutes Page 1 of 7
Councilmember Kirkham opened the meeting at 7:30 p.m. at the City Office Building at 2135 South Ammon
Road. Councilmember Thompson led the Pledge of Allegiance and Councilmember Powell offered a prayer.
MINUTES:
August 6 – Regular Session: Councilmember Bean motioned to accept the minutes from
August 6, 2009, as presented. Councilmember Kirkham seconded the motion. Roll Call Vote: Councilmember
Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Abstained due to Absence, Councilmember
Thompson – Yes and Councilmember Waite - Yes. The motion passed.
August 13 – Work Session: Councilmember Bean made the motion to accept the minutes from August 13,
2009, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Abstained due to
Absence and Councilmember Waite – Yes. The motion passed.
ITEMS FROM MAYOR:
Appreciation Award - Bonneville County Sheriff’s Inmate Labor Detail*
(Mayor/Ken): Ken presented an award to the Bonneville County Inmate Labor Detail. Mike accepted the award
which was in recognition of the Bonneville County Sheriff’s Inmate’s hard work and outstanding contributions to
the City of Ammon.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday September 3, 2009
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.RENEWALBUSINESS LICENSE APPLICATION:
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A.Erickson Law Office – Legal Firm – 3456 E. 17 Street, Suite #280
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B.Teton Counseling – Counseling Service – 2677 E. 17 Street, Suite #5
HOME OCCUPATION PERMITS:
1.RENEWAL HOME OCCUPATION PERMITS:
A.Around The Home Inspections – Home Inspection Service – 4310 Mason Street
MISC: MASSAGE ESTABLISHMENT
1. NEW MASSAGE THERAPY LICENSE:
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A.Malm, Melissa – Massage Therapist/Massage Envy – 3047 S. 25 E.
2.RENEWAL MASSAGE THERAPY LICENSE:
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A.Brinker, Kendra - Massage Therapist/Massage Envy – 3047 S. 25 E.
Business License*: Councilmember Powell motioned to accept the consent agenda, as presented.
Councilmember Kirkham seconded the motion. Roll Call Vote: Councilmember Powell – Yes, Councilmember
Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
Accounts Payable – Exhibit A 8-20-09 Amended*: Councilmember Kirkham motioned to accept the
Accounts Payable – Exhibit A 8-20-09, as amended. Councilmember Powell seconded the motion. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember
Thompson – Yes. The motion passed.
Accounts Payable – Exhibit A 9-03-09: Lance advised the Council concerning Sunnyside Hawks
Landing and the balances. He advised the Council that after this next billing cycle there won’t be enough funds to
cover it. Ron said the language of the letter stated the City would be drawing on the letter of credit.
Councilmember Bean said he understood that he was reimbursing the City by check, not the letter of credit.
Councilmember Kirkham asked Scott what the Council’s options are. Scott said don’t draw on it – demand payment
from Jeff to pay it. Scott said if it’s an issue, let him and Councilmember Bean know. Council advised they want
9-3-09 Council Minutes Page 2 of 7
all future letter of credits to back the payment, not pull the payment from it. Scott said to tell Jeff he has 2 choices:
he can pay what’s outstanding and leave the letter of credit in place, or he can re-initiate the letter up to the amount
of the contract. Jeff’s requirement under the contract is to have a letter of credit in the full amount, until the project
is completed.
Councilmember Bean asked what the payment was to RCSI for the Eastern Idaho Water Treatment
Plant. Lance said they are finalizing the treatment plant and most of it is wrapping up the construction of it. This
has nothing to do with the line – it’s only on the treatment plant.
Councilmember Bean motioned to accept the Accounts Payable Exhibit – A for September 3, 2009.
Councilmember Kirkham seconded the motion. Roll Call Vote: Councilmember Bean – Yes, Councilmember
Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
Jennifer reported on the City event Ammon Days and the success it
was. Councilmember Kirkham said there were over 10,000 people and in a community with 14,000 that is pretty
remarkable.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
Kathryn Riddle, 6278 E. Sharptail
Road addressed the Council. Leslie advised the Council that Kathy had presented them with information concerning
her request, which is located on share point. Councilmember Bean asked Lance if he is familiar with the comments
regarding Well 9. Councilmember Kirkham asked Kathryn if she has noticed a change in the water since Saturday,
when they opened up the valve. Kathy said that there are several occasions of the water pressure dropping below 18
psi. Lance said he has reports on Aug 22 and Aug 23 which shows the pressure going up and down and the lowest
reading was 40 psi. At the top of Quail Ridge, the lowest was 30 psi. Councilmember Kirkham asked if she was
using a pressure gauge on the outside of the spigot. Kathy said yes and it was read during this summer. She has
been advised that Well 9 is supporting Quail Ridge South, Cottages, Quail Ridge North and several other
communities. The water pressure is most problematic at 4 a.m. She is getting conflicting stories, which has been
very irritating. She said Lance said the well needs to be replaced. She said she is concerned with all the
improvements on the water project that it does not include a pressure reducing value. The only contingency plan is
to have a direct hook up to the new water storage tank with the potential of a pipe bursting due to 130 psi.
Councilmember Kirkham said she has been hearing the opposite in Quail Ridge. Kathy said she is on the end of the
line. They worry about the pump being old and there is no contingency plan. There is 30 psi to the fire hydrants at
the top and she believes there might be a problem. Councilmember Kirkham said the fire is fine, since they can shut
down lines to make the flow work.
Councilmember Kirkham asked Lance if the City was going to be unhooking Well 9 and going to Well
11 and then just using the booster pump in Well 9. Lance said Well 11 is intended to feed the well, Well 9, after it
is redone, is intended to feed the tank. There will be a gravity line coming back from the tank, in through the new
booster station, to pressurize Quail Ridge. There will be a new line which hasn’t been started and once the notice
to proceed is issued it will take 120 days of construction time. Councilmember Bean asked about a change order.
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Lance stated he has a price for what a PRV vault located near the intersection of 60 and 21will be. He is still in
discussion with the engineer to be sure we don’t cause worse problems by putting it there. He wants to be sure of
what the ramifications will be. Councilmember Bean asked if we could put the pressure reducing valve in now.
Lance said there is two week lead time on the vault from the time we say this is what we want and this is where we
want it. AMCOR will take two weeks to make the vault and it will take a minimum of two weeks once it is
approved. Lance said the price for the vault and PRV is $39,170. Councilmember Bean said all we need to do then
is the change order. Lance said he wants to be sure it’s located right, make sure it is on the right line and make sure
we are not going to create worse problems. Councilmember Kirkham said it would be three weeks out.
Glen Riddle, 6278 E. Sharptail Road, asked why the City’s data logs don’t show when they are totally
out of water. Lance said if they have the data loggers on, it would have shown that. Councilmember Kirkham asked
doesn’t the SCADA systems show that. Lance stated the SCADA system will show you the output from the booster
station, but it won’t show you everybody’s house on the line. It was never intended to do that.
Patrick Duffin, 6302 Sharptail stated he appreciates what is going on, but feels it’s a day late and
dollar short item. There are many days he can’t get any water, in order to shower. Councilmember Kirkham said all
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the calls they have been getting was the need to reduce pressure. The City can’t fix what they don’t know about.
Councilmember Thompson said the whole system connects together. Lance said they are being fed by Well 9.
Councilmember Bean said it’s always been part of the project, but it was towards the latter end and we just got it off
line so we could repair it. Lance said people can put in-line boosters in and pressure reducing valves on your own
home. With hillside developments you will always have issues. Councilmember Kirkham said health and welfare
was 50 psi and 20 psi is DEQ, which is the minimum required by each entity. Lance asked the Council what
pressure they want. Councilmember Kirkham said 50 psi is where we want to be and to put requirements of the
developer for these valves. Councilmember Bean said let’s get the pressure reducing line in and then before it is
closed out, check the errors and make the corrections from there.
Councilmember Kirkham stated concerning the South Ross Lift Station there are two options that
have been given before the Council. Lance said he has spent long hours with this situation and his recommendation
still stands that we remove it from the site and go back to chemical injection, but out of all ideas he comes back to
the original. Leslie stated we have had a workman’s’ compensation claim with the hydrogen peroxide back flowing
into an employee’s eye which is her cause for concern with claims. Councilmember Powell asked why they weren’t
wearing goggles and gloves. Councilmember Kirkham said she would like to give this a chance to work.
Councilmember Kirkham stated the filter is secure. Councilmember Bean said he recommends doing the drain lines
to the filter. Lance said if he places the lines where they want, the only place that it looks like it is feasible is in the
wet well, adding another air gap and it will become an unmanageable beast according to the same rules.
Rod Harris, 3585 Ross said on the bottom of the RP there will be an air gap that comes with the
RP itself. To take the line over and tie it into the deep well, it does not have to have an air gap. Lance said that’s
what he’s talking about with another air gap. Councilmember Thompson said the problem with the air gap is what.
Lance said it becomes unmanageable. Lance said it’s the drain line, if he tries to drain it back into the wet well it
becomes another direct connection.
Joe Maughn, 3505 South Ross said another item was to test the water and it hasn’t been done. If it’s
tested and it is neutral, then they would be alright. Joe said they want some consideration taken into the drain with
how much water is coming out and is that going to cause a problem with erosion. Joe said we are talking two
separate lines. Lance said this is not a requirement of DEQ. Lance said off into the gravel – it will meet DEQ, but if
he does it according to the letter it will not. Councilmember Bean asked what would happen to do it to DEQ
standards. Detailed discussion ensued concerning the different solutions that were stated in the letter.
Rod Harris said Ord. 348 and adopted code, requires a drain line off the RP. Councilmember Kirkham said
that is for residential. Lance said it is not according to UPC plumbing code. Councilmember Kirkham said the long
term proposal is that if the tank doesn’t stop the smell completely, then in addition to the bio tank, the Woodland
Hills lift station will be treated with hydrogen peroxide.
Joe said they request that the RP device would be tested monthly according to codes by a state certified
tester and a copy of the results sent to him or Mr. Harris. Joe said they just want to be sure this is being done.
Councilmember Kirkham said they are here in the spirit of compromise. Lance asked if the bacterium is tested is
that good enough. Joe said call the City of Idaho Falls Treatment Plant, and see what they do. Councilmember
Kirkham polled the Council about how to proceed, if pulling the filter or leaving it for now.
Rod said Lance was supposed to contact BAT. Lance said if the Council chose to go forward with
this, then he would contact someone like BAT. Councilmember Kirkham said she is trying to find the compromise,
but it feels that every time we get close to a compromise there are always these little things that need to be figured
out and if that is the case, then she has to support Lance and say lets just go ahead and unhook this because we can’t
satisfy you. Councilmember Bean said this is why he supports Lance in what he feels. Councilmember Bean
advised Lance to go ahead and install it to DEQ standards and move forward with it. Councilmember Bean said he
knows this isn’t to Rod’s standards, but this is the position the City is willing to take. Lance asked the Council if
this is regardless of the costs. Council stated they would be concerned with the cost. Lance said this is why he is
hesitant to march forward, since he doesn’t know the cost.
Joe Maughn, 3505 S. Ross said he wants this thing to succeed, because the City has spent so much
money on it. They have heard from Lance that he felt it would work. Lance stated his concern is how do you get
into the wet well and still satisfy all the other requirements. Councilmember Kirkham stated the City has to go to
DEQ standards.
Rod said let’s have a compromise if DEQ approves Lances drainage and his freeze protection and also have
Alan approve the cross connection. Councilmember Bean said no, it’s DEQ’s jurisdiction. We have to go with
9-3-09 Council Minutes Page 4 of 7
DEQ and not pick and choose who we want for jurisdiction. Scott said tell the engineer to do what the law requires
and be done with it. If they aren’t happy, we will defend it in the lawsuit. All the Council can do is what the law
requires. Scott said you can’t continue to have a compromise over what some body might think we need to do that
maybe meets the ordinance or not. Councilmember Kirkham said go to where DEQ will approve it and end it there
and if a lawsuit follows so be it. If it looks like it’s going to cost $25,000, then we will go back to the chemical
injection. Joe stated they are good with that.
ACTION ITEMS:
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1. Rite Stop #2 – John Oh Owner - Hitt Road and 1 Street Improvements*:
John Oh, 2487 S. 60
E. stated that the road improvements have been removed from the project and there are now sections with 2 – 3 foot
holes. He has been told there are no plans from the City to address the sidewalk and landscaping on the Ammon
side of the road. Ron advised that the Council has the data to show what was previously accepted to have done. He
said there was a 12 foot landscape strip, a sidewalk and another 5 foot landscape strip. Currently, there is a
significant drop in the ground level. Councilmember Kirkham feels that the Council should fix it. Councilmember
Bean said you are estimating $10,000 to do the sidewalk and landscaping. Councilmember Bean asked what it
would take to do it all. Councilmember Kirkham wondered if the City would want to do this and charge a front
footage fee. Ron clarified if John came in today, he would be required to do all of this today with a development
agreement, but in John’s case, this was put into place way after John’s property was built. Lance said this goes from
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Hitt Road around to 1 Street. Councilmember Bean did some calculations with Lance concerning the expenses to
do the entire strip. His recommendation is to put the landscaping all around for the full thing with curb and gutter.
Councilmember Bean motioned to have installed the landscaping and sidewalk in the Hitt Road project
from the Meppen Canal on Hitt Road to Sandcreek on First Street up to $60,000 including sprinkler with Lance
checking to be sure curb and gutter is installed, without reimbursement from the property owner on the corner of
First Street, but with future reimbursement from all other adjacent property owners. Councilmember Thompson
asked who would maintain it. Ron said it would be Idaho Falls. Councilmember Powell seconded. Scott said to
verify that Idaho Falls will maintain it. This would need to be added to the Hitt Road Improvements. Roll Call
Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, and
Councilmember Thompson – Yes. The motion passed.
2. Sunnyside/Ammon Road - Lennis Corner – Jeanette McKinney 313-7170 Snow Shack (Leslie/Ron):
Councilmember Kirkham advised the Council this item has been pulled.
3. Peterson Park Grant $68,460 Approval – OK Mayor Signature (Ken)*:
Ken advised the Council
this is for a grant to upgrade a Peterson Park parking lot. He has received three bids under an informal bid process.
Councilmember Bean asked Ken if we have items resolved, with the property owners. Ken said he has given the
new plan two weeks ago with his business card, if they have any questions. He has not heard from anyone.
Councilmember Bean motioned to approve the proposal for LN Johnson Paving. Councilmember Kirkham
seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell –
Yes, and Councilmember Thompson – Yes. The motion passed.
4. Resolution 2009-019 – Utility Rates – Adjustment for Church Sewer Charges (Ron)*:
Ron
explained that the churches will go through September with sewer exempted.
Councilmember Bean motioned to accept Resolution 2009-019 – Utility Rates – Adjustment for Church
Sewer Charges. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember
Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
5. Contract Approval for Bonneville County Law Enforcement Agreement (Kirkham)*:
Councilmember Kirkham made the motion to accept the Contract for Bonneville County Law Enforcement
Agreement Contract for $979,461 subject to Scott’s review of the contract and approval. Councilmember Kirkham
commented about the change of leadership. Sam Hulse wants to accommodate the City. This will include cars
displaying City of Ammon with three officers assigned specifically for Ammon and the door in the Fire Department
will be showing City of Ammon police and they will be coming to Council. We are now at parity and shouldn’t see
9-3-09 Council Minutes Page 5 of 7
a substantial increase going forward. Councilmember Kirkham will still set up the advisory committee.
Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes,
Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed.
DISCUSSION ITEMS:
1. Turtle Bay (Leslie):
Councilmember Kirkham said Leslie wanted everyone to be aware that it is set
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for foreclosure December 15 and Mr. Adolpho asked if the City would want to purchase the pool and she has
advised him that it’s unlikely we would do that. Scott said we could not meet the ordinance minimum parking
requirements.
2. ERU rate structure approval effective Oct 1, 2009 (Leslie/Lance):
Leslie wanted to update the
Council. She feels ERU’s are still workable, but it is not going to happen by October. The survey was interpreted
improperly and we are going to have to make some phone calls. Leslie stated she did find an issue, which needs to
be addressed by Forsgren regarding their national studies. When we did the ERU’s on restaurants the rates would
go up double to triple the rate that is meter driven. If we can’t support it with a meter, which is a true figure of
usage, she felt it would be very hard on Council to support the ERU’s, because they will come back on the Council.
Lance and I want to talk to Forsgren about the possibility of doing a local modifier that would be subjective to using
our meters and come up with a different ERU. Leslie wanted to ask Council if they felt they were on the right track.
Councilmember Bean said it needs to be done right. Councilmember Bean said the money isn’t the issue this year
and he doesn’t want to approve anything in the sewer structure until Forsgren has assisted us in putting together the
water system, as well. Councilmember Bean wants Forsgren to come in and give a presentation to the Council, in
terms, of how that rate structure took place. Scott said what he thinks is the most critical is that the Council
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understands the issue. Councilmember Bean asked that Leslie try to have it completed by November 15, so they
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can pass it the 1 week in December. Leslie says she is hopeful she can have it completed.
3. Water Projects – Additional Pressure Reducing Valve – Well 9 – Quail Ridge (Lance):
Councilmember Kirkham stated that this has been previously covered.
4. Sunnyside Sewer – Chip Seal Compromise Proposal – Ammon Road to Crowley Road (Lance):
Lance said there is another portion in the plan set that was called out specifically on Crowley Road to have chip seal,
but in the plan set it did not call out specifically for a chip seal on Sunnyside Road. The County standard and the
City of Idaho Falls standard are referenced and have the trench width plus one foot. The biddable quantities within
the contract, does not have enough square footage to do Sunnyside and he is trying to find the best way to chip seal
and pay for it. The County standards are equal for trenches that cross the road perpendicular and it should not be
used. The recommendation comes back to longitude and he is asking Council how to pay for this.
Scott asked RMES who put together the specks. Jay Cornelison, RMES, 2043 E. Center, Pocatello, ID.,
professional engineer stated what Lance is proposing was a good idea, but they were not asked to include this
quantity and it was not included. Scott asked if they did the Crowley Road specs also. Lance said it was the same
project and yes they did. Scott asked why it wasn’t caught on this one. Lance said he was very careful about
Crowley Road and making sure they only had half the width of the road, because the water line was going to pay for
half of the chip seal and he wanted to make sure they were separated, because of cost. Scott asked Lance what his
feeling is with the contract. Lance said the only discrepancy is that in the plan documents it specifically lists
Crowley Road and then in the contract documents it has a biddable quantity with Crowley Road next to it. Scott
said that’s because you were calling out for half of Crowley Road because the other half was covered by the water
project. The cost is approximately between $20,000 and $40,000. Councilmember Bean said RMES is the engineer
and the contractor has to follow his recommendation. Scott said to have RMES go to the contractor and call him
out. Scott said this is RMES’s fight with the contractor, not the City’s. Councilmember Thompson said it says if
you dig it, now you replace it. Jay will talk with Sommer. Scott advised Lance to have RMES fight the battle, not
he.
5. Misc.:
Ron said he sent a letter to Sonic with Scott’s approval and they should have landscaped their
North triangle, so he sent them a letter advising that they need to complete it. Scott told Ron that he wants to get
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Council’s direction on how to proceed and to send the letter. Ron said the letter will be directed to landscape it.
Council is fine with the letter. Scott said we might have to sue them to get it done.
Ron advised the Council that Shawna put stickers on the cars for sale in Lennis’s Lot. Lennis called in mad
since we are telling him what to do with his property.
EXECUTIVE SESSION: 1. Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Scott/Ron
2. Personnel Evaluations Pursuant to Idaho Code 67-2345 (1-b) (Bean)
Councilmember Kirkham motioned to go into executive session pursuant to Idaho Code 67-2345 (1b-
f). Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Thompson – Yes, Councilmember Bean – Yes, and Councilmember Waite – Yes.
The meeting adjourned at 10:02 p.m.
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C. Bruce Ard, Mayor
________________________________
Leslie Folsom, City Clerk
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