10012009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, OCTOBER 1, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, OCTOBER 1, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Bean
Prayer – Councilmember Thompson
MINUTES:
August 20, and Sept 3, 2009*
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A – Sept 18 – Sept 30
Accounts Payable – Exhibit B – Oct 1
ACTION ITEMS:
1.Rocky Mountain Power Lighting District Contract – Council Acting as Board for Lighting District (Ron)*
2.Power House Electrical Lighting District Maintenance Contract – Council Acting as Board for Lighting District (Ron)*
3.Award Contract Eastern Interceptor Line – Bodiford Construction (Ted)*
EXECUTIVE SESSION:
1.Prevention of a Claim Pursuant to Idaho Code 67-2345 (1-j) (Scott/Leslie)*
2.Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Lee/Scott/Brian)
ITEMS FROM MAYOR:*
ITEMS FOR/FROM TREASURER:
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
DISCUSSION ITEMS:
1.Sunnyside Chip Seal (Lance)
2.Reimbursement City Projects – Building Dept. (Charlie)*
3.Heath Brown Tree (Ken)*
4.Employee Evaluations (Mayor)
5.Misc.
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Rex Thompson
Councilmember Brian Powell (via phone for meeting)
City Attorney Scott Hall
City Clerk Leslie Folsom
City Treasurer Jennifer Belfield
City Planning Director Ron Folsom
City Engineer Lance Bates
City Officials Absent:
Councilmember Randy Waite
10-1-09 Council MinutesPage 1 of 5
CALL TO ORDER:
Mayor Bruce Ard opened the meeting at 7:30 p.m. at City Hall building located at 2135
South Ammon Road. Councilmember Powell was phoned in to participate in the meeting. Councilmember Bean
led the Pledge of Allegiance. Councilmember Thompson led the prayer.
MINUTES: August 20 – Regular Session:
Councilmember Bean motioned to approve the minutes, as
presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember
Thompson – Yes, Councilmember Kirkham - Yes, and Councilmember Powell – Yes (present during meeting via
phone). The motion passed.
Sept 3 – Regular Session:
Councilmember Kirkham motioned to approve the minutes as presented.
Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes,
Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday October 1, 2009
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
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A.Gateway Financial – Finance – 3544 E. 17 Street, Suite #205
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B.Willsey, Alisha – Daycare Employee/Sunny Days Daycare – 4366 E. 17 Street
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Dress Barn #1063 – Retail Sales – 3019 S. 25 E.
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B.Lane Bryant #4580, LLC – Retail Sales – 3015 S. 25 E.
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C.Mecham, Margaret B. – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street
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D.Crackleberry Boutique – Retail Sales – 3160 E. 17 Street, Suite #170
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E.Deseret Book – Retail Sales – 3025 S. 25 E.
HOME OCCUPATION PERMITS:
1.NEW HOME OCCUPATION PERMITS:
A.Little Adventures Pre-School/Rebecca Muir – Daycare (Maximum 5) – 4295 Wanda
B.Owens, Jami – Daycare (Maximum 5 Children) – 3465 Senoma Circle
2.RENEWAL HOME OCCUPATION PERMITS:
A.L & D Handyman Service – Home Repair & Small Remodel – 681 Katie Court
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1. RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Mecham, Laura L. – Bartender/T.G.I. Friday’s – 2665 S. 25 E.
MISC: MASSAGE ESTABLISHMENT
1. NEW MASSAGE LICENSE:
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A. Blakeman, Kalie – Massage Therapist/Massage Envy – 3047 S. 25 E.
Business License:
Councilmember Kirkham motioned to approve the business licenses, as presented.
Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes,
Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed.
(The recorder had technical difficulties and just started recording from this point forward.)
10-1-09 Council MinutesPage 2 of 5
Accounts Payable – Exhibit A – Sept 18 – Sept 30:
Councilmember Bean motioned to approve
both of the account payables, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember
Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell - Yes, and Councilmember Thompson – Yes.
The motion passed.
Accounts Payable – Exhibit B – Oct 1:
Approved with previous motion.
ACTION ITEMS:
1. Rocky Mountain Power Lighting District Contract – Council Acting as Board for Lighting District
(Ron)*:
Ron and Scott explained to Council that they will be acting as a board of directors for the lighting
district, but it is more of a formality. Ron said in the future they probably wouldn’t bring this to Council because it
would just be a renewal, but this is a new lighting district. Councilmember Bean asked what it means where it says
the company will not maintain new customer owned street lights when mounted on customer owned poles.
Councilmember Kirkham said like if you buy it and put it on your property.
Councilmember Kirkham motioned to approve the Rocky Mountain Power - Ammon Lighting District 1 -
Contract acting as a Board for the Lighting District, as presented. Councilmember Thompson seconded. Roll Call
Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and
Councilmember Bean – Yes. The motion passed.
2. Power House Electrical Lighting District Maintenance Contract – Council Acting as Board for
Lighting District (Ron)*:
Councilmember Bean asked what system we have in place to track the funds.
Jennifer Belfield, City Treasurer stated we will be tracking our time and the expenses and we will be creating a new
fund. Councilmember Bean asked Jennifer to provide this information to him quarterly. Jennifer said she would
provide it for him each month with the financials. Councilmember Powell asked Ron if he knew what the expense is
per lot. Ron stated it is approx. $46. Councilmember Powell asked if this was an estimate. Ron stated no since our
prices are set with the entities. Councilmember Bean asked how this gets to the County for the levy. Jennifer said
she will check with Ronald Longmore. Councilmember Bean asked who Power House Electrical is. Ron said we
actually took the contract from Jeff, who contracted with the people who did all the work at Hawk’s Landing.
Councilmember Powell asked Ron if Power House Electric is bonded. Ron said not through us.
Councilmember Kirkham motioned to approve the Power House Electrical - Ammon Lighting District 1 -
Maintenance Contract acting as Board for the Lighting District, as presented. Councilmember Thompson seconded.
Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes,
and Councilmember Bean – Yes. The motion passed.
3. Award Contract Eastern Interceptor Line – Bodiford Construction (Ted)*:
Husk addressed the
Council and advised they still need approval for the Eastern Interceptor from the Regional Board and he still wants
to double check their budget. They are looking at moving the lift station out of Section A and they are going to be
over budget by approx. $1 million and would like to give the Council some options. Husk said Section A goes to
the New Sweden Country Club then Section B goes to the Country Club and Railroad.
Councilmember Bean asked for a time frame. Husk said by fall or winter 2011. Councilmember Bean
asked in order for Ammon to connect, do you need to expand the plant. Husk said there is enough capacity in Phase
1 of the wastewater treatment plant for both Ammon and Shelley, however, there is not enough capacity for
expansion. If there was a development of 500 homes that would like to connect, then we would have to tell them we
don’t have the capacity. The plants deal with hydraulic and biological capacity. Mayor Ard asked when they will
come back to us. Husk would like to come in at the next work meeting. Councilmember Kirkham asked why it is
going to cost us more, when everything is coming in less. Husk said because of the lift stations. When we set the
original budget, it didn’t include lift stations. A lift station enables them to achieve the depths they would like.
Ted Hendricks requested 40 minutes at the work meeting to have time to review everything. He
introducedRick Miller who is a new employee with his firm, who will specialize with water and sewer.
Councilmember Bean motioned to table the Award Contract for Eastern Interceptor line –Bodiford
Construction. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember
Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
10-1-09 Council MinutesPage 3 of 5
EXECUTIVE SESSION:
1. Prevention of a Claim Pursuant to Idaho Code 67-2345 (1-j) (Scott/Leslie)*:
2. Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Lee/Scott/Brian):
Councilmember Kirkham motioned to go into executive session pursuant to Idaho Code 67-2345 (1f-
j). Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes,
Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
The executive session was adjourned. The regular meeting resumed at 9:46 p.m.
ITEMS FROM MAYOR:*
Mayor Ard showed the Council the letter from the Post Register he sent
concerning Hitt Road.
ITEMS FOR/FROM TREASURER:
Jennifer requested the management evaluations from Council,
discussed the City luncheon on Friday, flu shots, and informed the Council the audit is going well. Ron said
someone received a request to get the original letter of credit back for Hawkes Landing and in the agreement, it says
we will return it. Council said they are ok to return it, as long as, it was paid in full. Ron said yes, it is.
PUBLIC HEARINGS:
None
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PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
John Oh, 2487 South 60 East,
Ammon, ID. 83406 asked the Council for an update on Hitt Road. Lance said the City Council of Idaho Falls would
not let the City of Ammon use the design plans Idaho Falls had created. Councilmember Bean said he doesn’t see
the project happening right away. John asked if the Council was going to move forward. Councilmember Bean said
it doesn’t make sense to put it in such a small portion now. Councilmember Thompson said we would wait until
First Street is put in. It will go to the corner at least. The annexation agreement that was passed on John’s property
says the owner will have to put the sidewalks in. John asked if we would have to wait and see. Councilmember
Kirkham said Mayor Fuhriman told herself and the Mayor to be sure to use the City of Idaho Falls plans.
Councilmember Bean stated he feels it is Idaho Falls’ way to strong-arm Ammon, since we didn’t commit initially
and he is disappointed in Mayor Fuhriman for not stepping up. Ron said the bottom line is Corey Taule, with the
Post Register, didn’t know any of this. Corey said what he has since learned is very eye-opening. Mayor Ard said
he doesn’t see what design work is required for a five-foot sidewalk and sprinkler. Scott said if it was their design,
what is wrong with their design that we couldn’t use it. Ron said it is public record. Scott said once Ammon
realized we had money in our budget, Idaho Falls was not interested in having it done. Councilmember Bean said it
is Idaho Falls responsibility to put it in since it is their property. Councilmember Kirkham said she empathizes with
John, since he is caught in the middle of this feud.
DISCUSSION ITEMS:
1. Sunnyside Chip Seal (Lance):
Lance advised that there won’t be any asphalt available until next year.
It’s too late in the season to do the project.
2. Reimbursement City Projects – Building Dept. (Charlie)*:
Item pulled and put in the next work
session.
3. Heath Brown Tree (Ken)*:
Ken presented to the Council the letter he sent to Heath Brown
concerning the tree. He has talked with Heath’s daughter and still has received no response. He asked the Council
what they would like him to do. Councilmember Bean asked if we had it in the budget. Scott said he will have to
look at the tree ordinance. Ron said the tree ordinance addresses a fine. Councilmember Bean said cite him, remove
the tree and we’ll find a way to collect from him. Leslie informed the Council that Heath is trying to sell the
property. Ron asked Scott if we could record an invoice and have it recorded. This would trigger the title company
to inform Mr. Brown that this must be settled in order to sell. Council is fine with this procedure.
10-1-09 Council MinutesPage 4 of 5
4. Employee Evaluations (Mayor):
Mayor Ard said he has already talked to the Council on this issue.
Councilmember Bean said he realizes the breakdown is with the Council. He stated he doesn’t want the
management evaluations done in June or July, but rather at the first of September. Jennifer asked how you
determine the budget. Do we set the budgets according to how we feel the year’s performance is so far?
Councilmember Thompson asked how you can get the budget done by August, if the reviews haven’t been done.
Councilmember Bean said his concern is if we do the review in June, but performance drops off by October. Mayor
Ard said he won’t sign performance evaluations until September so he can make changes, if needed.
Councilmember Bean said if the performance drops off, then a secondary review would need to be made
substantiating why the decrease was made from the previous review. Council decided to stay with September
performance evaluations.
5. Misc.:
Lance addressed the Council concerning the Walgreens storm water retention pond. He will
give them 30 days for a correction plan that he can approve. Lance said it may be too late to get it constructed this
year, but there are still methods they could pursue this fall. Councilmember Bean said if they can’t get it done; cite
them as a public nuisance. Leslie stated that they have a business license renewal pending and she will check to see
if it can be held up for not being compliant with all City issues. If not, then Ron will add this to a future revision of
business licenses.
Councilmember Thompson showed the Council the value to the City in actual dollars for the jobs
concerning City owned property that the building department reviewed. He just wanted the Council to know of the
free services that were provided. Councilmember Bean said there is value added by every department to various
City projects. Councilmember Kirkham said yes, Ken could do this also, as could the general government.
Councilmember Bean said I don’t want to get into this game saying I did this much for you and I did this much for
you. In his opinion, Charlie is behind budget and we have supported Charlie, but he wouldn’t want Ken to do start
saying look at all these projects I did for the City or Lance, etc.
Leslie asked about business licenses for the Ray Suitter storage units. Councilmember Kirkham said
she will take care of it and talk to him. Ron said Ray will be requesting not to asphalt. Councilmember Thompson
said how we can give him an advantage that we don’t give to the next guy. Councilmember Kirkham said we don’t
have to approve it. Ron said the asphalt plant will be closing down soon.
Councilmember Bean asked Leslie how the City is coming with the ERU deadline. Leslie stated that
she worked on it when she was in Boise. Some areas going down, but others are going from 10.5 to 132.765 and the
account is metered, so the 10.5 is accurate. She is concerned that the engineer’s formula might be flawed but she
needs to do more work on it to check out where the errors might be coming from. She stated that the engineers’
formula with Kmart is 1.65 ERU’s and for Walker Produce is 2.68125, where the actual meter reading shows 64
ERU’s. The numbers seem all over the place. She will be having the engineers checking their figures.
She has checked with Forsgren and we are under budget for the water bond and asked if the City could add
the cost for the tower that will be used to read water meters into this bond, which will help the City be accurate and
fair. Councilmember Bean stated he is concerned getting away from ERU’s, which are supportable.
Councilmember Kirkham said they like using the ERU formula since this allows the Council justification as to why
the rates are where they are, as well as, the connection fees. Councilmember Bean said the rate charged to metered
accounts should be based off the ERU rate. Leslie said she is concerned when the schools come in and challenge the
ERU when it is above the metered rate. If the Council changes any of the ERU’s, then the formula will be
invalidated. Councilmember Bean said if someone challenges the ERU, then the Council will send them to the
engineers and have them explain it and the City won’t have to defend it. Councilmember Bean and Councilmember
Kirkham want to sit with Leslie and go over this in the future.
Councilmember Bean motioned to adjourn. Councilmember Kirkham seconded. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and
Councilmember Powell – Yes. The motion passed.
The meeting adjourned 10:32 p.m. ______________________________________
C. Bruce Ard, Mayor
__________________________________
Leslie Folsom, City Clerk
10-1-09 Council MinutesPage 5 of 5