08202009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, AUGUST 20, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, AUGUST 20, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Kirkham
Prayer – Councilmember Waite
MINUTES:
June 4, June 11, June 18, July 2, and July 16, 2009
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC HEARINGS:
2009-009 – Annual Appropriations/Budget
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Ord. #481 Annual Appropriation FY 2010 Budget Bill (Jennifer)
2.Approve L2 Tax Levy - Authority to Levy Property Taxes (Jennifer)
3.District 93 Request for Extension of Conditional Use Permit for Modulars - Woodland Hills and Rimrock Elementary Schools
4.Approval - Fire Dept Board of Appeals (Scott/Kurt)
5.Eastern Sewer Interceptor PPA Package (Scott)
6.LDS Church/Ammon FM Group – Preston Diehl – Sewer Charges (Lance)
7.Proposed Revisions to Boiler Plate Language on Annexation and Development Agreements (Scott/Ron)
8.Proposed Title 1 Chapter 13 Addition of Surplus Personal Property Disposition (Scott/Leslie/Ron)
9.Ord. #480 Title 1 Chapter 13 Proposed New Section on Surplus Personal Property (Scott/Leslie/Ron)
10.Resolution 2009-018 – Resolution of Intent to Create – City of Ammon Lighting District No. 1, Hawks Landing Planned Unit
Development, Division No. 1 (Scott/Ron)
DISCUSSION ITEMS:
1.
ERU rate discussion (Lance/Leslie)
2.
Contracts/MOU (Scott Hall/Leslie)
3.
Garbage Policy (Lance)
4.
Noxious Weeds
5.
Misc.
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham (arrived 7:49 p.m.)
Councilmember Rex Thompson
Councilmember Randy Waite
Councilmember Lee Bean
City Attorney Scott Hall
City Planning Director Ron Folsom
City Engineer Lance Bates
City Treasurer Jennifer Belfield
Assistant Clerk Rachael Eldridge
City Officials Absent:
Councilmember Brian Powell (via phone for minutes)
City Clerk Leslie Folsom
8-20-09 Council Minutes Page 1 of 12
Mayor Ard opened the meeting at 7:34 p.m. at the City Office Building located at 2135 South
Ammon Road. Councilmember Bean led the Pledge of Allegiance and Councilmember Waite offered the prayer.
MINUTES:
Ron phoned Councilmember Powell for the minutes.
June 4 – Regular Session: Councilmember Kirkham made the motion to accept the minutes from June
4, 2009 as presented. Councilmember Bean seconded the motion. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Abstained (absent) and
Councilmember Powell - Yes. The motion passed.
June 11 – Work Session: Councilmember Kirkham made the motion to accept the minutes from June 11,
2009 as presented. Councilmember Waite seconded the motion. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes and Councilmember
Powell – Abstained (absent). The motion passed.
June 18 – Regular Session: Councilmember Kirkham made the motion to accept the minutes from June
18, 2009 as presented. Councilmember Bean seconded the motion. Roll Call Vote: Councilmember Kirkham –
Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Powell - Yes.
Councilmember Waite – Abstained (absent). The motion passed.
July 2 – Regular Session: Councilmember Waite made the motion to accept the minutes from July 2, 2009
with the addition of the roll call to the minutes. Councilmember Thompson seconded the motion. Roll Call Vote:
Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember
Bean – Abstained (absent) and Councilmember Kirkham – Yes. The motion passed.
July 16 – Regular Session: Councilmember Kirkham made the motion to accept the minutes from July 16,
2009 as presented. Councilmember Bean seconded the motion. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson - Abstained (absent) and
Councilmember Powell - Yes. The motion passed.
ITEMS FROM MAYOR:
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday August 20, 2009
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
th
A.Ammon Commercial Plaza – Health Club – 939 S. 25 E. #107
B.Pro-Tech Windshield – Mobile Vendor – 4417 John Adams Parkway
2.RENEWALBUSINESS LICENSE APPLICATION:
th
A.TJSports Custom Screen Print & Embroidery – Retail Sales – 2788 E. 14 N.
th
B.Phillips Hearing Center, Inc.- Hearing Aid Sales – 3153 E. 17 Street
HOME OCCUPATION PERMITS:
1.NEW HOME OCCUPATION PERMITS:
A.Bright Minds Preschool/Deana Burke – Preschool – 5012 Vintage Lane
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
th
A.Sandoval, Fernando – Bartender/The Cellar – 3520 E. 17 Street
th
B.Glunz, James Douglas – Bartender/T.G.I. Friday’s – 2665 S. 25 E
MISC: MASSAGE ESTABLISHMENT
1.NEW MASSAGE THERAPIST LICENSE:
8-20-09 Council Minutes Page 2 of 12
th
A.Ericsson, Rosalie – Massage Therapist/Massage Envy – 3047 S. 25 E.
th
B.Campbell, Channin – Massage Therapist/Massage Envy – 3047 S. 25 E.
2. RENEWAL MASSAGE THERAPIST LICENSE:
A.Hansen, Brittany – Massage Therapist/Retreat Day Spa – 1489 Curlew
Business License: Councilmember Bean motioned to accept the Consent Agenda as presented.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, and Councilmember Waite - Yes. The motion passed.
Accounts Payable – Exhibit A: Councilmember Bean asked Lance if Sommer, Keller and Vern Clark
payments are all in line. Scott asked if Vern Clark met his deadline. Lance said yes and we still have retainage on
these. Councilmember Waite asked to have Ken contact him regarding the purchase of tires in Sugar City.
Councilmember Waite made the motion to accept the accounts payable, as presented, with the exception of
Alpine Guide Tire Co until further review. Councilmember Kirkham seconded. Roll Call Vote: Councilmember
Waite – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Bean - Yes.
The motion passed.
ITEMS FOR/FROM TREASURER:
Jennifer wanted to make sure she has a commitment for Ammon
Days. It’s nice for people to put a face with a name. Councilmember Thompson and Councilmember Bean will be
helping with breakfast, and at 10:00 am they are doing the recognition ceremony where Mayor Ard will be speaking.
Councilmember Kirkham and Councilmember Waite stated they will be available to help with dinner.
1. PUBLIC HEARINGS:2009-009 – Annual Appropriations/Budget:
Mayor Ard opened the
public hearing. Councilmember Bean said the budgets cumulative figures have not changed, but there have been
some changes to the salaries, which he would like to discuss in executive session.
Robert Taylor; 4279 Mirinda Lane, asked if the City paid the total PERSI bill for the staff. Jennifer said
rules. They have 2
PERSI sets the rules so all counties, cities, districts and schools that participate follow the same
classes - Class 1 is a general employee and Class 2 is for fire departments and police. Class 2 rates are higher.
Robert asked if the City pays membership dues for its employees. Jennifer said we do pay some dues for the
employees. Robert asked if the employees can just decide what memberships they want. Jennifer said the
employees give the recommendation, but the council has the final decision on what memberships the City pays
for. Robert inquired if the Council attended any training. Mayor Ard said they attend the AIC. Robert asked
if the grants had already been secured. Councilmember Bean said the majority are ones that we will apply for,
but we have separate line items that we will not spend if we don’t receive the grants. Mayor Ard said we have
to budget for them, so that if we get them, we can spend them. Councilmember Bean said they amount to
approx. $970,000. Robert asked what new projects we have money for and is there a list. Jennifer said that
would be everything that doesn’t say grant next to it. Robert asked what new street improvements are being
done next year. Are we going to bid any new streets or are we going to chip seal and cover water and sewer
holes? Councilmember Kirkham said those are covered in the bid out of the bonds. Mayor Ard said we have
st
approximately $160,000 a year towards chip seal projects. Robert inquired about 1 street. Lance said we are
still working on getting the Memorandum of Understanding together. Mayor Ard said only about ½ mile is in
the City with the rest in the County. Councilmember Bean said if you go to the street department section of
the budget, it talks about road improvements. Lance said that is for design work. Councilmember Bean said
st
there is another $300,000 for design work for 1 street from Hitt Road to Ammon Road. Robert asked about
$820,000 for the Fire Department Grant. Jennifer said that was for a Ladder Truck for the Fire Department.
Mayor Ard said last year they did get a 1 million dollar communication grant, but part of it did go to the
County which made a communications update for the whole area. Councilmember Bean said there are about 9
million dollars in bonded projects.
Mayor Ard asked if there were any further questions regarding the budget. There were not. Mayor
Ard closed the public hearing.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
Rod Harris, 3585 Ross Ave. stated he
is here for two reasons. The first is concerning the South Ross lift station and what the constituents have been
putting up with for 5 years. What has been done is against our own UPC plumbing code and the cross section
manual, both of which the City has adopted into ordinance. Rod said the bio tank is in a backflow situation with
8-20-09 Council Minutes Page 3 of 12
possible contamination going back into the water system. Rod stated Tom Rackow with the State of Idaho agrees
and has sent the city a letter. The water needs to be disconnected from the bio tank. Greg McBride has the authority
to disconnect the water from the station. He notified Greg over 30 days ago. Rod said Greg was not aware of the
system or that it had been installed. Rod said he wants the reasons as to why it was not required to be inspected by
the plumbing inspector.
Joe Maughn, 3035 S. Ross presented the Council with information concerning a timeline with the lift
station. Joe began reading directly from the paperwork submitted. Councilmember Bean asked him to in the
interest of time would he summarize the material and the Council would go over the paperwork he submitted. Joe
asked the Council to go to page two showing the time frame of 2006 to present. Joe said at the time they tried using
water to help increase the flow to the lift station from Woodland Hills, because that is where the problem starts. It
was not being serviced on an ongoing basis. Then the City tried peroxide and there was some effect there, but not a
total fix to solve the problem. When Lance came in a solution was found, which was a scrubber. It was supposed to
be 98% effective. They have found it is not effective and not solving the problem. Now that Rod has found the
cross section issue, he wants the water to be disconnected. He is willing to work, with whomever, to find a solution
to the problem. He has spoken with City of Idaho Falls regarding pressurized systems. A pressurized system
creates the gas problem by forcing it down the tube where it doesn’t have a way to dissipate, and once it hits the
open lift station’s volume of air, that’s when it releases those gasses. The difference between that and a gravity flow
lift station or trunk line is the latter has an opportunity to release those gasses as they are coming down. The City of
Ucon came up with a fix using air compressors and other means to vent the system, but it is not a fix all either. Joe
said he was told by Bruce Rose that the sewer was septic and that was what was causing the smell. Jason and Lance
came out and said it’s not septic; it’s just a strong sewer odor. Joe spoke with Dave Smith from the City of Idaho
Falls who stated you can’t tell if the system is septic, unless you test the water. Joe wants to know if we have had it
tested. He has been working with Lance, but feels communication is poor and at times communication has been
heated.
Councilmember Bean asked Lance to respond and provide Council with his input. Lance said the DEQ did
come out and wrote a letter when they were out onsite. They feel they need to go back and read the regulations
again. They wrote the letter and said it probably should be disconnected. Due to a technicality, it is not in
compliance with the regulations, so we have disconnected the vent pipe from the bio filter. Lance has submitted a
design to DEQ that would include a bell. Basically, it consists of a reducer of pipe put over the top of the gooseneck
pipe that comes up out of the sewer well, to have an air gap. They are looking at that design to see if this may
satisfy code and DEQ felt that it would, but he has not gotten confirmation yet. The bio filter was intended to be
used where H2S is 50 parts per million and higher. Before we got the bio filter here to see what the strength was in
that wet well, we had a detector placed within the wet well for 4 weeks prior to doing anything. The peak reading
on that meter was 2 parts per million H2S. When the filter is designed to work at 50 parts per million and higher, 2
parts per million and less is pretty difficult to do. He still felt it was worth a try to see what we can do to accomplish
this. We went through the process of getting it here and in talking to the company, the unit needed to be in operation
for 2 to 3 weeks to get acclimated. The City couldn’t shut it down or it would make any warrantee, the company
might have with it, void. Lance kept it running after he heard from Rod Harris that he thought there was a problem
with the code. He tried to get in touch with the company to get a representative to come out here to meet with us.
To date, they have not been back with us. The first correspondence he had with them was, if it didn’t work to 98%
efficiency, they would take it back. Councilmember Thompson asked if when the regional sewer comes online,
would the lift station go away. Lance said that lift station would not go away, but the Woodland Hills lift station is
intended to become a gravity system and will not be pumping up into the Ross Lift Station - this is the pressure part.
Mayor Ard asked what was not plumbed right. Lance said there is a gooseneck pipe off the wet well of the Sewer
Lift station. It comes up out of the ground and turns 90 degrees. We had pipe from that, directly into the bottom of
the bio filter, where there is a bunch of media which is basically chopped up wood inside an enclosed polyethylene
canister. At the top of that canister, there is a little ring which is used to irrigate the media to keep it moist. The
water is supplied from a domestic water supply, that comes in up through an electronic solenoid switch into a little
irrigation at the top of the media and basically drips every 12 minutes every 8 hours to keep it moist. It has been
looked at because it is a hard pipe from the bio filter to the wet valve, there is a direct cross connection. If you use
the code and use it verbatim, it is a direct connection and that’s what DEQ had to look at too. Councilmember Bean
asked if what he is doing would prevent that. Lance said what he is doing is creating an air gap on the vent coming
up, so there would be a bell over the top of the vent. There would be a 1” inch air gap, so there would be no way for
sewage to come up out of the vent, cross an inch of air, get out of the vent line and into the bio filter.
8-20-09 Council Minutes Page 4 of 12
Councilmember Bean asked Rod if that satisfies his concern. Rod said not until he sees the plan because
where he is talking about putting that, it has nothing to do with the tank. The tank is the contaminated part. Lance
said the air gap is on the gas side, the vent from the wet well into the bottom of the bio filter. There is no way for
sewage to jump through an inch of air from one pipe to the other, so there is no way for it to get into the bio filter.
Rod would like to see what Lance has proposed to the state. Lance stated it was submitted to Tom this morning.
Councilmember Kirkham said she wanted us to move as quickly as we can.
Joe Maughn said he appreciates the effort and would like us to take the time to make sure it is done right.
Councilmember Kirkham said she appreciates their patience. Joe Maughn said he would much rather put up with
the smell, than have contaminated water. Councilmember Bean said his recommendation was to go ahead and let
DEQ respond and then put pressure on the Bio Filter Company to test it to make sure it is working correctly.
Rod Harris said we need to work hand in hand with our plumbing inspector, he knows the UPC and how it
is supposed to work. Councilmember Bean said let’s work forward from now. Rod wants the water that is hooked
to it turned off. Lance said it will void the warrantee, if he turns it off now. Lance said there is no way for any
contamination to enter the bio filter. It is not accomplishing odor control, but it will not contaminate the bio filter.
Rod said it needs to be unhooked. Lance said it is unhooked. Rod said the water is not unhooked, just the vent is
unhooked, but the problem is the water.
Councilmember Kirkham asked if the tank was contaminated. Lance said no. Lance said DEQ has agreed
to look at his design to see of it meets the code section in the Code book. Joe Maughn asked could they see the
warrantee and asked if we have spoken with the bio filter company. Joe Maughn wants to be involved in the
process, because they feel that they have been left out and lied to. Mayor Ard asked if we could put a one way
check valve in it like we require for the sprinkler systems. Lance said there are absolutely zero mechanical devices
that will work and satisfy Mr. Harris except an air gap and he is trying to provide an air gap. Joe Maughn said he
has to follow the code and he feels the City should have to also. He doesn’t see a difference between a residential
and a commercial. Councilmember Bean said the plumbing inspector has been involved now, not from the get go
but he is now. Councilmember Bean asked what he feels the contamination risks are. Greg agrees with Lance that
there is virtually nonexistent potential for contamination to get back into the water supply.
Joe Maughn said he would like the letter from the State followed to the letter and it stated the water had to
be disconnected. He also wants to see the warrantee. Councilmember Kirkham asked if it would be helpful for
Mayor Ard to call and put more pressure on the bio filter company. Lance said he has contacted them several times,
asked for suggestions and the only suggestion he received was to turn up the water supply. Joe Maughn asked if the
warrantee issue was addressed with the representative. Lance said he asked them about it and if it is not running
continuously, we cannot prove whether it is working or not. Joe Maughn asked did he explain the situation. Lance
said he went over the entire scenario. Councilmember Kirkham said she feels we are on the right path. Rod said
there is an issue with how are you going to keep the mist from freezing. The system has not worked, since it was
hooked up. Councilmember Kirkham asked how we address the freezing. Lance said the water supply has heat tape
around it. There might be freezing issues, but we don’t know yet. It has been used in cold weather in Germany and
Europe. Councilmember Kirkham asked Lance if we are going to assume it isn’t going to freeze and hope for the
best. Lance said we have to see what happens.
Councilmember Bean said right now we are relying on the representation of the company. Councilmember
Bean asked if the bio filter was Rod’s suggestion. Rod said no. Lance said it was an idea that he had done some
research on. Councilmember Kirkham told Lance thank you for being so respectful in dealing with this.
Councilmember Kirkham said let’s move forward in getting a response from DEQ and meet on Monday. The reality
is they might reject the design all together. Councilmember Bean asked where the water line tied in from. Lance
said on the east side of Ross Avenue, they made a domestic tap into the main line then ran the line beneath Ross to
its west side and out to where the sewer lift station ends.
Councilmember Bean asked once it’s approved, how long it will take to implement. Lance said the actual
re-piping, once they approve it, won’t take very long. Councilmember Bean said he and Lance will call DEQ
tomorrow. Councilmember Kirkham asked Lance if he could contact the bio filter company, tell them the situation
and ask if we can turn off the water and not lose the warrantee.
ACTION ITEMS:
1. Ord. #481 Annual Appropriation FY 2010 Budget Bill (Jennifer):
Councilmember Bean stated in
the general fund they increased salaries by $15,000. Councilmember Bean said you cannot increase a budget once
the preliminary has been published; there was an error on his part in terms of the salaries, so he has increased the
8-20-09 Council Minutes Page 5 of 12
salaries in the general fund by $15,000 and he reduced each one of the individual contingency funds. Jennifer has
the adjustments, but they need to be approved. Councilmember Bean said each one of the line items on page 6, in
the contingency has been adjusted. Salaries have been increased by $15,000, benefits increased by $6,700,
contingencies reduced by $21,700. Water sewer and sanitation have been reduced as well. In the water department
we reduced the $1.2 million bond payment down by $21,700 and in the sewer department we reduced the
contingency by $21,700.
Councilmember Bean made motion to approve the budget for FY 2009-2010 with the adjustments to the
salaries and other budget items as explained. 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 481
THE ANNUAL APPROPRIATIONS BILL OF 2009 AN ORDINANCE
ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER , 2009
APPROPRIATING THE SUM OF $46,210,957 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON IDAHO
FOR SAID FISCAL YEAR. AUTHORIZING A LEVY OF SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE
Councilmember Bean motioned the City
OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATIONS IS MADE.
Council dispense with the rule requiring the reading of the ordinance on three different days and that the three
readings be waived. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion
passed.
Councilmember Bean read Ordinance 481
THE ANNUAL APPROPRIATIONS BILL OF 2009 AN ORDINANCE
ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER , 2009
APPROPRIATING THE SUM OF $46,210,957 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON IDAHO
FOR SAID FISCAL YEAR. AUTHORIZING A LEVY OF SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING
Councilmember Bean moved the adoption
THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATIONS IS MADE.
of Ordinance 481 as an ordinance of the City of Ammon on its third and final reading. Councilmember Kirkham
seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember
Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
2. Approve 2008 L2 Tax Levy - Authority to Levy Property Taxes (Jennifer):
Councilmember Bean
said his concern was that our assessed valuations, on a community basis, were going to go down. Assessed
valuation in 2007 was $585,827,000 (rounded), in 2008 it was $647,822,000 and the next year coming up in 2009 is
$667,447,000 but our levy rate shouldn’t be affected too dramatically. Mayor Ard said the first year he was
involved with the City, our total tax levy was on $54 million dollars. Councilmember Kirkham asked what our levy
rate was. Jennifer said last year it was .002310475 and next year it will be .002598. Councilmember Kirkham
asked Jennifer if she knew what the City of Idaho Falls rate was. Jennifer said that is public information and
showed the booklet with the line item to Mayor and Council.
Councilmember Bean made the motion to approve the 2009 L2 Tax Levy – Authority to Levy Property
Taxes. Councilmember Waite seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Waite –
Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed.
3. District 93 Request for Extension of Conditional Use Permit for Modulars - Woodland Hills and
Rimrock Elementary Schools:
Ron said the conditional use permits expire August 31, 2009. Woodland
Hills has three and Rimrock has one and their request is to extend both for 2 years.
Roger Hill, 3497 N. Ammon Road, stated he is representing Bonneville School District and is asking for
acceptance of the extension of the Conditional Use Permit for the modulars at Rimrock and Woodland Hills.
Councilmember Kirkham said they discussed when the new school was built, that they would see the modular’s
disappear. Roger said P&Z asked for 2 years, because they would have to have them removed prior to school
starting and it would be better to have that extra year to get them moved out. Ron said one of the things brought up
is, each time you move these, you shorten the life of the modular plus the cost of moving the modular.
Councilmember Bean said we have had concerns for a few years, but wants to know the reason we want to limit
them and need a time frame. Mayor Ard said originally as they built the new schools we didn’t need modulars, but
through the growth period ongoing adequate space in the permanent buildings didn’t happen. Ron said if the
community is growing, you will see modulars at the schools. It’s difficult for a school district to sell you on voting
in favor of a bond, until you see a need because your kids are crowded. That’s when the school district can pass a
bond, because people are concerned. You hear all the time, why don’t you build the schools twice the size. Roger
said the big issue is the cost if we build a building and don’t fill it, we are still heating that building, we are still
8-20-09 Council Minutes Page 6 of 12
staffing that building and it’s a huge expense. The district’s stance is you don’t build until you know what your
projections are. We do enrollment forecasting with a firm out of Boise every year to see what their projections are.
We are out buying property and planning ahead to meet their projections. Mayor Ard said wouldn’t it make more
sense at Woodland Hills and Rimrock to add 6 classrooms, rather than a whole new school and hire all new
administration. Roger said it has to do with the size of the elementary schools they want to have. They don’t want
the elementary schools to be any larger than about 550 to 600 students, which is why they build the size they do.
They want to keep High Schools at 1200 to 1300 students. Councilmember Kirkham suggested following P&Z’s
recommendation of 2 years.
Councilmember Kirkham made the motion to approve District 93’s Request for Extension of the
Conditional Use Permit for Modular’s - Woodland Hills and Rimrock Elementary Schools for two years.
Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes,
Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
4. Approval - Fire Dept Board of Appeals (Scott/Kurt):
Kurt Velman, Fire Marshall, submitted a list
of 5 names for acceptance and consideration for the Board of Appeals, in reference to, Ammon City Ordinance 776
and Section 108 of the International Fire Code. Mayor Ard asked if the Board of Appeals comes into play, if
someone doesn’t agree with the Fire Code. Ron said it is if they believe Kurt has made a mistake in the
interpretation of the code, they can appeal to the Board of Appeals, but the Board can’t over rule what the code says.
Councilmember Kirkham made the motion to accept the Approval of the Fire Dept Board of Appeals as
presented. Councilmember Waite seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed.
5. Eastern Sewer Interceptor PPA Package (Scott):
Scott said this is the Phase 3 and it is essentially
the same thing as we have had on previous ones. They wanted the Mayor to sign it, but Scott told them it had to be
approved by the City Council. Councilmember Bean asked if we have the Army Corp’s of Engineers’ commitment
for the money. Lance said the money has been dedicated, but they won’t fully permit it until the commander signs
all four copies. Scott said he doesn’t like page 19 where it says “where you can’t resolve disputes then you have to
go to alternative non-binding resolutions”. Scott is not sure if this is a waste of time, but this is a document prepared
by the Corps and if we don’t accept it, we don’t get the money. Councilmember Thompson asked if the $55 million
was for the whole project stated on page 7. Councilmember Bean said this project was $2.7 million. Scott said the
$31 million is the federal funds the government has appropriated for this type of program. Idaho is receiving
$2,750,000 projected in the current budget. Mayor Ard said we are getting a big chunk of this.
Councilmember Bean made the motion to accept the Eastern Idaho Interceptor EPA package, as presented.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes,
Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed.
6. LDS Church/Ammon FM Group – Preston Diehl – Sewer Charges (Lance):
Preston Diehl, Church
of Jesus Christ of Latter Day Saints, Ammon FM (Facilities Maintenance) Group, 3442 E. Iona Rd. handed out
paperwork referencing this discussion. In reference to the sewer charges that our meeting houses are paying, the
first document shows how the City of Idaho Falls is charging. They take their winter water usage rates and apply
that to their sewer rates throughout the summer months. IBSD utilizes ERU’s. The other document is referencing
the building on Tiebreaker. They are paying roughly $73 per month then it starts to jump in June. They are now
starting to install meters on the commercial properties and church buildings. They would like to come to some kind
of agreement, such as they keep making payments, based on a lower charge. They would like to base it on ERU’s or
winter use rate, basing rates on sewer by how much water is being used. They feel the charges are out of line.
Councilmember Thompson said in May you used 18,000 gallons of water and July you used 664,000 gals water.
Preston said yes, in the summer months, you will see that peak because of irrigation for the grass. Councilmember
Thompson said this water isn’t going into the sewer at all. Preston said the ordinance hasn’t been resolved to where
there are rates equitable to users. Lance said we have a few instances where there have been two meters installed and
the irrigation meter is read separately from the water and this balances out. The other item we can do is look at
winter usage compared to summer usage and try to come up with an average. Preston asked church headquarters to
approve a second meter so we have a meter installed for irrigation. If we don’t have to go to the cost of installing
second meters, at all the other buildings, this would be a cost benefit to us. It would show an actual usage that you
could bill charges against, specific units like IBSD is using, or base it on other usage. Mayor Ard asked if the
property is comparable to other units. Preston said the Ammon Stake center is, but it is on IBSD. Lance said we are
8-20-09 Council Minutes Page 7 of 12
looking at changing our rates based off ERU’s. Lance said as we look to the future, we are looking at going to the
Eastern Idaho Wastewater Authority to handle our charges based off of ERU’s. Churches would have to sign up
based on the charge that Councilmember Kirkham, Councilmember Bean and Forsgren Engineers have talked about.
Councilmember Bean said that would be the base rate though, if they had a metered rate that was higher than that,
we would work from the metered rate. Churches are unique because most of them have large landscaping areas and
most commercial areas don’t. Many commercial accounts have a separate line. Ron said that is required of
Commercial Businesses and this is the same issue we have with schools. We stop basing their sewer charges on the
current month’s water metering in May and don’t start it again until October. We don’t charge the additional.
Councilmember Bean stated he will get with Leslie to discuss the rates. Preston asked what he is to do with the bill.
Scott said he is concerned that where they are a commercial property, until you change the law, they need to pay the
bill. You can’t change it retroactively, you have to change proactively. The bill is what it is, until they get the rates
changed. Scott said we can’t treat these church properties differently than the commercial properties, when the
ordinance is the same for both. Preston said he sees the legal issue, but does that actually take into consideration
when we can tell the increase is for irrigation water and it’s not going into the sewer systems. Scott said the minute
they change the ordinance he would agree with him, but the minute they get challenged by another commercial
property, defending that becomes very difficult. Mayor Ard asked about the schools. Scott said they changed the
ordinance, but the schools did not get back dated either. Preston asked how long is he looking at before council
would change the ordinance. Councilmember Bean said they could approve a change to this portion next council
meeting, or within 30 to 45 days for the change to the ordinance to go into effect. Ron asked if you passed
something at the next meeting, couldn’t we bill based on gallons for September. Scott said that would depend on
what the new ordinance says. Ron said even if we went to the resolution and used the same wording as we did for
the schools, we could take care of the church for now and then pass it for September. Councilmember Bean said
September is what it is going to affect. Councilmember Thompson said he doesn’t think the ordinance intended this
and it is a mistake on our part. Councilmember Bean said he was not going to go against what Scott said and we
didn’t make the changed sewer charge retroactive for the schools. Preston said he would pay the bill and the next
one that will be due in September.
7. Proposed Revisions to Boiler Plate Language on Annexation and Development Agreements
(Scott/Ron):
Ron said this is the same in both the annexation and development agreement. In item A where it
talks about construction, it says they have to comply with the Idaho standards for public works adopted by the City
of Ammon, and comply with all other City codes, ordinances and standards. Councilmember Bean asked can you
define that. Ron said we adopt Idaho standards as ours, so we want them to apply to all of our standards as we adopt
them. Ron related questions certain developers have had on their plats. We were saying they were going to
dedicate streets, easements and public ways. Streets to us are public right-of-ways they are going to give us, but
they thought we were going to ask them to dedicate parking lots, so we need more clarification. The next item
change would be item W and that’s where it tells the developer they have to agree to a lighting district.
Councilmember Thompson said he’s not sure he wants a lighting district with every development. Ron said he
spoke with Councilmember Thompson and Bean and one of the things he thought they should add to it was, “as
required by the City Council”, so that if you have an area where you don’t want a district then you aren’t forced to
have it. Scott said he thinks if a developer comes in, they will be required to petition the City to create a lighting
district, and then pay the City for the cost incurred to set the district up. Councilmember Bean said the District will
contract with Rocky Mountain Power to maintain the lights for a contractual dollar amount, plus the electricity for
the lights. Ron said Rocky Mountain Power owns the light and provides power to it, so if someone wants to come in
and put a decorative post in, they have to put a Rocky Mountain Power post and power head in. Scott said a lot of
Districts just contract with Rocky Mountain to come in and run a turnkey. They install it, use their poles and lights,
and power it, and it all factors out through what they assess. Councilmember Bean asked how difficult is it going to
be on an annual basis for us to set the cost of this, so we know how much to levy. Ron said this is set by the PUC.
There is a schedule 11 and a schedule 12. Councilmember Bean asked Ron to explain. Ron said the schedule 11 is
for operation of the lights only. Scott said that is set by the PUC. Lance said our normal standard wood pole is
normally less than the decorative lights. Mayor Ard said a neighborhood might want to choose that and so be it.
Ron said it is putting a new tax on people that are coming in that we have never taxed before. It’s just a different
way of putting a tax on it. Scott said he views it as, we wish we had a water meter on every house. Councilmember
Bean said it’s a form of a LID. Councilmember Kirkham said she feels this is fair and equitable.
Councilmember Bean motioned to approve Proposed Revisions to Boiler Plate Language on Annexation
and Development Agreements. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes,
8-20-09 Council Minutes Page 8 of 12
Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion
passed.
8. Proposed Title 1 Chapter 13 Addition of Surplus Personal Property Disposition (Scott/Leslie/Ron):
Ron said this proposed City ordinance is only in regard to personal property. Councilmember Thompson asked
what is the definition of personal property. Scott said it is non-land and non-buildings. Councilmember Bean
suggested adding the language “incorporated or registered as a non-profit corporation in the State of Idaho”. Scott
concurred.
Councilmember Kirkham motioned to accept the proposed Title 1 Chapter 13 Addition of Surplus Personal
Property Disposition with the changes mentioned. Councilmember Bean seconded. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and
Councilmember Waite – Yes. The motion passed.
9. Ord. #480 Title 1 Chapter 13 Proposed New Section on Surplus Personal Property
(Scott/Leslie/Ron):
Councilmember Kirkham read Ordinance 480
AN ORDINANCE OF THE CITY OF AMMON,
OF THE STATE OF IDAHO, ADOPTING THE CITY CODE TITLE 1, CHAPTER 13, SECTION 13, SURPLUS PERSONAL
PROPERTY DISPOSITION; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING
Councilmember Kirkham motioned to recommend that the City Council dispense with the
AN EFFECTIVE DATE.
rule requiring the reading of the ordinance on three different days and that the three readings be waived.
Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes,
Councilmember Waite – Yes and Councilmember Thompson – Yes. The motion passed.
Councilmember Kirkham read Ordinance 480
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, ADOPTING THE CITY CODE TITLE 1, CHAPTER 13, SECTION 13, SURPLUS PERSONAL PROPERTY DISPOSITION;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
Councilmember Kirkham motioned to accept Ord. 480 as an ordinance of the City of Ammon on its third and final
reading. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean –
Yes, Councilmember Waite – Yes and Councilmember Thompson – Yes. The motion passed.
10. Resolution 2009-018 – Resolution of Intent to Create – City of Ammon Lighting District No. 1,
Hawks Landing Planned Unit Development, Division No. 1 (Scott/Ron):
The Mayor stated that pursuant to
the Planned Unit Development Agreement entered into by the City, that the City required the developers to put in
security lighting systems. That there is a necessity for the payment of the operating and maintenance charges and
cost upon a continuing basis. He stated further that the City has adopted the procedure of forming lighting districts,
so that each district, within which a security lighting system was installed, would have a means of assessing the
properties for the payment of the cost of the operation and maintenance of the security lighting system. He stated
further that the rate schedules were established by the Idaho Public Utilities Commission under their tariff
regulations and that such regulations provided that the supplier of such energy and power would operate the system
at the cost, as set in the schedules. Additionally, that the maintenance of the lighting in said lighting district would
be done by a private Maintenance Company or the local power company as determined eligible by the City Council.
The Mayor further stated that the City Council should consider establishing a lighting district in said subdivision to
enable the City to charge a fee for the furnishing of the power, operating, and maintenance costs of those systems.
That the City has made a study of the applicable rates and fees and established what would be the cost for the
operation of the respective lighting districts.
Whereupon, Resolution 2009-018 was introduced to the meeting for the purpose of passing a resolution of
intention to create the lighting district for City of Ammon Lighting District No. 1 - (Hawks Landing Planned Unit
Development, Division No. 1). The resolution was reviewed in full by the City Council, and then the motion was
made by Lee Bean for the adoption of the resolution. The motion was then seconded by Randy Waite, and
thereupon reviewed in full a second time, and after consideration and discussion of the resolution, the motion was
called for a vote by the Mayor, and upon vote, duly had and recorded the vote thereon resulted as follows:
Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember
Kirkham – Yes. The motion passed. Councilmember Powell was absent for this voting.
Whereupon the Mayor declared the resolution duly adopted and subscribed said resolution with the
Assistant Clerk attesting. The Mayor directed the Assistant Clerk to have a duplicate original or a duplicate
photocopy of the original attached to the Minutes of the meeting.
8-20-09 Council Minutes Page 9 of 12
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
RESOLUTION OF INTENTION
RESOLUTION NO. 2009-018
CITY OF AMMON LIGHTING DISTRICT No. 1
(HAWKS LANDING PLANNED UNIT DEVELOPMENT, DIVISION No. 1)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AMMON, IDAHO, as follows:
WHEREAS, it has been required of the PUD and therefore deemed the request of the owners that, the City Council form a lighting
district applicable to said area and subdivision to provide security lighting for the safety, welfare, and benefit of the residents of the respective
area;
WHEREAS, City of Ammon, Idaho, (the “City”), through the City Council, has legal authority under the Idaho statutes, including but
not limited to Idaho Code §50-1703 to impose and collect fees for services provided by the City which would otherwise be funded by ad valorem
tax revenues; and
WHEREAS, fees collected pursuant to the authority of the Idaho statutes should be reasonably related to but should not exceed the
actual cost of the service being rendered; and
WHEREAS, the owners of the respective area who have requested lighting districts to be formed, constitute a majority of the
ownership within each of the respective areas, or have entered into a development agreement agreeing to install a security lighting system, and
that such owners have requested for each of the respective areas that the City Council set up lighting districts for each of said distinct areas to
which said owners are associated, by which they shall collect fees to defray the cost of furnishing electrical energy and power for the operation
and maintenance of a security lighting system; and
WHEREAS, the owners of such areas, as owners or as developers, have or will have installed the security lighting systems pursuant to
the specifications of the City engineer and have agreed directly or by Development Agreement to the creation of lighting districts; and
WHEREAS, the fees to be charged in the lighting district will be designed to pay the maintenance costs as provided by contract with
private maintenance companies or the local power company as determined eligible by the City Council of the City of Ammon and operation costs
to Rocky Mountain Power under schedules adopted by the Idaho Public Utilities Commission to provide security lighting.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that it is the intention of the Ammon City Council to establish City of Ammon
Lighting District No. 1 (Hawks Landing Planned Unit Development, Division #1) to collect fees to pay maintenance costs as provided by contract
with private maintenance companies or the local power company as determined eligible by the City Council of the City of Ammon and operation
costs to Rocky Mountain Power under schedules adopted by the Idaho Public Utilities Commission for the furnishing of energy and power to
operate a security lighting system. The fees and charges collected will be for the operation and maintenance on a continuing basis and will be
imposed and collected for services provided by the City which would otherwise be funded by ad valorem tax revenues. The intent is to collect
fees pursuant to the authority of the Idaho statutes which shall be reasonably related to but will not exceed the actual cost of the service being
rendered TOGETHER WITH THE ADMINISTRATIVE COSTS THEREOF;
FURTHER RESOLVED, that the City Council shall hold a hearing upon the notice of intention to create the lighting district in the
subdivision as hereinafter designated.
FURTHER RESOLVED, that notice be given to all residents and owners within the designated subdivision, hereinafter named, as
such names appear on the assessment roll in the County Assessor’s Office for properties within said subdivision and within the boundaries of the
proposed lighting district; that such hearing shall be held on the intention to create the lighting district; and that such notice as appears on Exhibit
A, attached hereto and made a part hereof, shall be mailed by the clerk to all residents and owners appearing upon such assessment roll for said
subdivision and lighting district, and shall be published in three consecutive publications of the official newspaper of the City, with the mailing
and first publication being not less than fifteen (15) days prior to the date set for such hearing.
The subdivision for which it is the intention to establish a lighting district and for which the City Council of the City of Ammon, Idaho
shall hold a hearing upon the Notice of Intention to create a Lighting District and for which notice shall be given to the residents and owners
within said subdivision and proposed lighting district are designated as follows:
City of Ammon Lighting District No. 1- (Hawks Landing Planned Unit Development, Division No. 1)
That there is hereby created City of Ammon Lighting District No. 1 (Hawks Landing Planned Unit Development, Division No. 1) to
be compromised of the following described real property, Bonneville County, Idaho:
LEGAL DESCRIPTION
Hawks Landing, Division #1, Block 1, Lots 1-14, Block 2, Lots 1-6,
Block 3, Lots 1-35, Block 4, Lots 1-9
The street addresses are:
2976 through 3200 S Boulder Creek Lane, 3007 through 3298 S Chartwell Garden, 6315 through 6331 E Chartwell Garden, 6400 through 6439 E
Mansion Hill Drive, 6401 through 6417 Tabitha Trail, 6325 through 6369 E Tower Castle Loop.
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FURTHER RESOLVED, that the City Council do hereby set the 17 day of September, 2009, at 7:30 p.m. mountain daylight time, at the City
Council Chambers of the Ammon City Building located at 2135 South Ammon Road, Ammon, Idaho as the time and place at which time a
hearing shall be held and any and all protests against said proposed lighting district to be formed shall be heard. That all such protests shall be in
writing and filed with the City Office of the City of Ammon, Ammon, Idaho, Bonneville County, Idaho, on or before 5:00p.m. mountain daylight
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time on the 14 day of September, 2009.
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DATED this 20 day of August, 2009.
The City of Ammon, Idaho
_______________________________________
Mayor
ATTEST:
________________________________
Leslie Folsom, City Clerk
8-20-09 Council Minutes Page 10 of 12
DISCUSSION ITEMS:
1. ERU rate discussion (Lance/Leslie):
Tabled since Leslie was absent.
2. Contracts/MOU (Scott Hall/Leslie):
Tabled since Leslie was absent.
3. Garbage Policy (Lance):
Tabled since Leslie was absent.
4. Noxious Weeds:
Scott said noxious weeds are treated differently than non-invasive weeds. The City
has an ordinance that says if weeds are a certain height you have to cut them. If they are noxious weeds, the County
receives funds to hire a weed supervisor to monitor the weeds and the growth of where they are spreading. The
County can then go out and take care of the weeds and file a lien against the property. Scott said Jeff Pettingill is
stating that he isn’t getting the calls from the City on the noxious weeds; however, Shawna has been making the
calls. Roger Christensen got the letter from the City and called Scott. Scott said he would talk to Shawna and get
with Jeff to coordinate efforts. Scott said we are asking Shawna to cover a whole lot of areas and the City needs to
give her the tools to do what the City needs. Councilmember Kirkham asked why Shawna was under
Councilmember Powell when she is over the police. She has requested that Shawna be changed to her since she
meets with the office once a month and Shawna is generally there. Mayor Ard agreed to have Shawna go under
Councilmember Kirkham. Scott said she is dealing with fifteen different tasks and it gets fairly difficult.
5.
Councilmember Bean said he is tired of reading in the newspaper how bad we are on the
Misc.:
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Hitt Road project. The City is trying to be diplomatic with the letter sent to Mayor Fuhriman on April 1
which states the City’s position; however, we aren’t going to pay on this because we had already paid our
portion. Councilmember Kirkham said Mayor Fuhriman did refute the figures when they met and she gave
them a spreadsheet, and he did give her their own spreadsheet. She mentioned that she has not given it to
Council. Mayor Ard said the City of Idaho Falls figures go back to when it was a gravel road, but our
memorandum of understanding was from that point forward. Mayor Fuhriman wanted to extend his apology
for the article in the newspaper. Councilmember Bean said we need to do damage control. We made the
decision as a council, in that; we didn’t want to take this to the paper. Councilmember Kirkham said when the
article came out in the paper about Hitt Road, we gave them the numbers and they didn’t print the numbers.
Ron said the Post Register said they would let one of them write a guest editorial. Councilmember Bean said
as a Council they need to decide what to do. Councilmember Kirkham said she hates to look like we were
bullied by the press into paying for it. Councilmember Bean said with Lance’s assistance we can make a
determination as to where we are with the budget and can we pay for it. Councilmember Kirkham said if they
are willing to drop the MOU, we would cooperate, but they are not willing to and that is the posture she and
the Mayor went with. Councilmember Kirkham said we have paid more than our fair share.
Robert Taylor made a comment as to how to resolve the issue between City of Idaho Falls and
Ammon within the Post Register. Is it possible for both Mayor Ard and Mayor Fuhriman to go jointly and put
something in the paper saying we are working together with this. Councilmember Kirkham said she thinks it
is worth a shot. Mayor Ard agreed. Councilmember Bean said they need to make a decision whether to pay or
not. Mayor Ard said we have paid 60% and after the City of Idaho Falls gets this done; they will have paid
40%. Robert Taylor asked if the middle of the road was the dividing line. Mayor Ard said no, Idaho Falls
owns the whole road. Mayor Ard said our agreement started when we signed the memorandum and went
forward. Councilmember Bean asked Lance if he had substantiation to back up who paid for each of these
lanes. Lance said yes, the information came from Leslie’s files. Councilmember Bean said part of the
memorandum also states that you won’t annex into the other’s impact areas. Councilmember Bean said it
keeps everybody at bay.
Councilmember Kirkham received some phone calls from the Briarwood Homeowners
Association regarding the fees for using the Council chambers. They are concerned about the City charging
$50.00 for the use and they simply can’t afford it with their being a nonprofit organization. Councilmember
Kirkham said she doesn’t understand why we are charging the fee to the non-profit groups. If they leave it in
disarray, then they lose the privilege of ever using it again. Councilmember Bean said if we get to a point that
8-20-09 Council Minutes Page 11 of 12
the chamber is being used by non-profit groups 4 to 5 days a week, then they will need to pay a fee or a
deposit. Ron said nobody is using the equipment.
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Ray Suitter called Councilmember Kirkham regarding the storage units he built on 1 Street, to
which; he doesn’t have a fire hydrant. Kurt told him the fire hydrant needed to go in or there would be a
$1,000 fine and $200 per day. The hydrant is in, but he is now at $1800 in fines. Councilmember Kirkham
said she wanted to discuss his fine and feels $1800 is steep and we have had situations in the past when we
have reduced them. Mayor Ard said Charlie came and talked to him about the issue. Once he had been put on
notice, within 4 days they had the hydrant in. Councilmember Bean asked if it was an oversight or did he just
not do it. Lance said he believes he just did not do it and would not have put in the hydrant, if we hadn’t
caught it. Councilmember Bean asked if it was on the plans. Lance said there were two on the plans. Scott
Hall said he spoke with Kurt regarding it. About two hours later he called Scott and he told him it had to be
the Ductile Iron. Councilmember Bean said he feels that if somebody just flat out doesn’t do it, then they have
consequences. Councilmember Bean feels we should fine him. Ron said Kurt went out a long time ago and
there were four buildings locked. Kurt questioned Ray if he was renting them and he said no just the guys
doing the work. The next time Kurt went out there was seven units with locked doors and a sign up saying
first month free. Ron said it was to be asphalted. Ron said if you occupy a building without a certificate of
occupation, there is a $1,000 fine and $200 per day. Councilmember Bean asked if he has an occupancy
permit. Ron said no the asphalt is not in. They have never issued a temporary permit without the asphalt.
Councilmember Bean said he would be ok to remove the $200 per day but the $1000 stays. If Ray has the
asphalt in by a date certain, then there will only be the $1000 fine. After this date, then the $200 per day
accrues and is not waived. Lance stated that Ray doesn’t anticipate putting in the asphalt this year.
Councilmember Bean said he won’t get the occupancy permit. Councilmember Kirkham said to let her present
the option that the $200 per day will be waived if he puts in the asphalt. Scott Hall said the reason we don’t
issue a permit is so it won’t be sold and then the City has to work with someone else to get into compliance.
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Councilmember Bean said he has to have everything in by September 25. Ron stated what he has now is not
suitable for the fire dept. Councilmember Bean asked if he had a business license. Ron said no because he
doesn’t have a certificate of occupancy. Councilmember Kirkham said she will go back to Ray stating he has
until Sept. 25 to get his asphalt in, two fire hydrants and comply with the site plan and the City will credit him
for the $800. He will also need to get his business license.
Councilmember Bean asked Scott Hall if he could move into executive session, if it is not on the
agenda. Scott said if it is an issue that has just come up that you didn’t have reasonable notice to post.
Councilmember Bean stated he needs to talk about the need for a city administrator or a full time mayor.
Councilmember Kirkham said we are one of the few cities that don’t have an administrator. The City needs a
point person and when people call in they want to talk to someone who they perceive as the boss.
Councilmember Bean said he doesn’t think anyone is doing a bad job but the City needs someone to
coordinate. Councilmember Kirkham said it would be issues like the City health insurance. Councilmember
Bean asked what the feeling is with the Council. Councilmember Waite said he agrees that is probably time to
do that. Councilmember Thompson said he thought they wanted to put it to the people for a decision.
Councilmember Kirkham stated she thought this was when we were considering a full-time mayor.
Councilmember Bean said let’s move forward with a City administrator. Scott said since the vacancy of the
previous administration there have been several opened positions. Councilmember Kirkham said we have to
be clear that the administrator is not the mayor.
Councilmember Bean motioned to adjourn. Councilmember Kirkham seconded. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember
Thompson – Yes. The motion passed.
The meeting adjourned at 11:25 p.m.
________________________________________
C. Bruce Ard, Mayor
________________________________
Leslie Folsom, City Clerk
8-20-09 Council Minutes Page 12 of 12