10152009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, OCTOBER 15, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, OCTOBER 15, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Kirkham
Prayer – Councilmember Thompson
MINUTES:
Sept. 10, 2009*
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
PUBLIC HEARINGS:
None
ACTION ITEMS:
1.1974 Lafrance Fire Truck Repair of Pump, Public Auction or Donation to Other Entity (Stacy)*
2.Exhaust System Fire Dept Bid Acceptance (Stacy)*
3.Ordinance 483 - Cable One Franchise Agreement Introduction*
DISCUSSION ITEMS:
1.IBSD - Riverbend Manor (Eileen McGovern)*
2.Misc.
EXECUTIVE SESSION:
1.Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Scott/Lance/Leslie)*
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Rex Thompson
Councilmember Brian Powell
City Attorney Scott Hall
City Clerk Leslie Folsom
City Engineer Lance Bates
City Officials Absent:
Councilmember Randy Waite
City Treasurer Jennifer Belfield
City Planning Director Ron Folsom
Mayor Ard opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South
Ammon Road. Councilmember Kirkham led the Pledge of Allegiance and Councilmember Thompson offered a
prayer.
10-15-09 Council MinutesPage 1 of 6
MINUTES:
Sept. 10, 2009 – Work Session*: Councilmember Powell motioned to accept the minutes for
Sept. 10, 2009, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes,
Councilmember Thompson – Yes, Councilmember Bean – Yes and Councilmember Kirkham – Abstained (she was
absent). The motion passed.
ITEMS FROM MAYOR:
Mayor Ard discussed that Kevin Taggart had reduced the price to $245,000,
however, he doesn’t know if it’s both pieces. The parcel in question is the Harvey Crandall home and adjacent land.
Councilmember Kirkham said we would be interested if the price is for both parcels. Councilmember Powell asked
the Mayor to get it in writing including what it was before and what the offer is now. Mayor Ard stated he would.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday October 15, 2009
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.RENEWALBUSINESS LICENSE APPLICATION:
A.Wood Funeral Home – Funeral Home – 963 S. Ammon Rd.
th
B.Allstate Insurance/Jenifer Brocker – Insurance – 2677 E. 17 Street, Suite #600
th
C.Majestic Auto Body – Auto Body Paint & Repair – 1456 N. 25 E.
th
D.Bank of Commerce, Branch #360 – Banking – 3113 S. 25 E.
E.Anytime Fitness – Fitness Center – 1615 Midway Ave
th
F.McDonald’s Of Wal-Mart – Food Service – 1275 S. 25 E.
th
G.Realty Of The Rockies, Inc. – Real Estate – 3456 E. 17 Street, Suite #215
th
H.Dance Tech – Dance Instruction – 2633 E. 14 N.
th
I.Rooftop Real Estate – Real Estate – 2677 E. 17 Street, Suite #300
J.Premier Paving – Construction – 2710 Midway
K.YMCA – Sports Recreation Facility – 3500 S. Ammon Rd.
L.Qualicare, Inc. – Home Health Care – 3539 Briar Creek Lane, Suite A
th
M.T. And T. Landscape, LLC – Landscape – 2698 E. 14 N.
th
N.Ship Pro, LLC Aim Mail Centers #75 – Postal Service – 3270 E. 17 Street
th
O.Citizens Community Bank – Banking – 2797 S. 25 E.
P.City Storage – Storage Units – 1800 S. Ammon Rd.
th
Q.Merlin’s T.V. – Retail Sales – 2489 S. 25 E.
th
R.Rocknak’s Hardware Plus – Retail Sales – 1520 N. 25 E.
th
S.Eastern Idaho Wireless – Retail Sales – 939 S. 25 E.
th
T.Wal-Mart Stores, Inc./Supercenter – Retail Sales/Beer & Wine Sales Off Premise – 1201 S. 25 E.
th
U.Kmart Corporation #4748 – Retail Sales – 3101 E. 17 Street
V.APX Alarm Security Solutions, Inc. – Itinerant Merchant – 4931 N. 300 W. Provo, UT
W.Idaho Desperado’s – Retail Sales – 3890 E. Sunnyside Rd.
X.Landon Excavating – Excavation – 3500 Maiben Avenue
th
Y.Fazoli’s/Bella Luna #11, LLC – Restaurant – 3003 S. 25 E.
th
Z.Geraldine’s Bake Shop – Restaurant – 3160 E. 17 Street, Suite #190
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AA.Frito Lay – Retail Sales – 2582 E. 14 N.
BB.TCSS Limited Co. dba Tobacco Connection – Retail Sales/Beer Sales Off Premise – 1747 Sabin Drive
CC.Gables of Ammon – Assisted Living – 1405 Curlew Drive
DD.Henderson Medalist Restoration & Cleaning – Cleaning & Restoration – 1436 N. Trellis Lane, Suite #1
EE.Rockwell Development – Building Contractor – 3539 Briar Creek Lane
th
FF.Comfort Air Design, LLC dba Wiemer Heating – HVAC – 2642 E. 14 N.
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GG.Big Dog – Retail Sales – 2631 S. 25 E.
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HH.Edward’s Theatre – Theatre – 2707 S. 25 E.
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II.Sportsman’s Warehouse – Retail Sales – 2909 s. 25 E.
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JJ.Chuck-A-Rama – Restaurant – 999 S. 25 E.
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KK.Family Chiropractic Center – Chiropractic – 3298 E. 17 Street
th
LL.
Spring Communications – Retail Sales – 3049 E. 17 Street
HOME OCCUPATION PERMITS:
1.RENEWAL HOME OCCUPATION PERMITS:
A.Johnson, Terri – Gymnastic Instruction – 3760 Georgia Lane
B.A&R Systems, LLC – Landscaping – 1230 Ross Avenue
10-15-09 Council MinutesPage 2 of 6
C.Window Elegance – E-Commerce – 4251 Willow Canyon Drive
D.Outside Sales – E-Commerce – 4335 Amber
E.NTL Group, Inc. – Consulting – 3789 Windmill Drive
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1. RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
A.Tesoro Sunnyside Enterprises Plaza, LLC – Retail Sales/Beer Sales Off Premise – 2523 E. Sunnyside Rd.
B.Ammon Speedy Mart – Retail Sales/Beer Sales Off Premise – 3490 E. Sunnyside Rd.
th
C.Legend’s – Retail Sales/Beer Sales Off Premise – 3480 E. 17 Street
Business License*: Leslie explained the licenses are sent out approx 60 days ahead. Councilmember
Powell asked if Wal-Mart pays the same as T&T Landscape. Leslie said yes but there are others businesses within
Wal-Mart that also pays. Scott Hall said that he has located an operation within a residential area that looks to be a
commercial entity. He will get with Leslie with the information for her follow-up. Councilmember Powell
motioned to approve the consent agenda, as presented. Councilmember Kirkham seconded. Roll Call Vote:
Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and
Councilmember Bean – Yes. The motion passed.
Accounts Payable – Exhibit A: Councilmember Bean asked what the amount from Forsgren was for.
Lance said it was to figure out the separation of lines between IBSD and Ammon. Councilmember Bean motioned
to approve the accounts payable, as presented. Councilmember Kirkham seconded. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and
Councilmember Powell – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. 1974 Lafrance Fire Truck Repair of Pump, Public Auction or Donation to Other Entity (Stacy)*:
Stacy stated last year when they got the 1994 truck, we stored the 1974 Lafrance truck outside and over the
winter water accumulated and broke the pump. The quote to repair the pump from Larsen Pump Repair out of SLC
is $4000 to fix it using old parts. He would like to find out, if the Council would like to donate the truck to another
fire department or fix it. Leslie said someone might want it for the parade. Stacy said it could be put up for public
auction. Leslie said we could put an ad in the paper and hold a one day public auction. Mayor Ard suggested a
written public bid. Scott Hall stated he wants to be contacted with how to handle the auction.
Councilmember Kirkham motioned to declare it as surplus and auction the 1974 LaFrance Fire Truck.
Councilmember Thompson asked how many trucks we have. Stacy said there are four currently in service and a
parade truck, plus one more available for our use per an agreement with the Bonneville Fire department, once this
one is removed. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Powell – Yes, Councilmember Bean – Yes and Councilmember Thompson – Yes. The motion
passed.
2. Exhaust System Fire Dept Bid Acceptance (Stacy)*:
Last year he received a grant for $47,500 for
the exhaust system from Assistance to Firefighters Program. The City has to pay 5% and the bid was opened
Friday. The lowest bid was $39,900 from Fireman’s Supply, Inc. out of Boise, $44,000 from Air Pro, Inc. out of
Colorado, and $49,800 from Weidner and Associates out of Utah. Stacy has reviewed all three bid packets. There
are three different manufacturers and he went with the most expensive manufacturer for the specifications. The
difference is in the track and he is comfortable with the low bid. Councilmember Powell asked if the warranty was
the same. Stacy said the winning bid is a five year warranty, where the others are only two years. Scott asked if the
bid was in compliance with his specifications. Stacy said yes. Stacy showed the Council two videos as to the
10-15-09 Council MinutesPage 3 of 6
function of the system. The life of the hoses is rated 20 – 25 years. The price includes the tailpipes of the trucks,
installation of the system in the building, and training the volunteers. Councilmember Kirkham said this is good.
Firemans Supply was the winning bid.
Councilmember Powell motioned to accept the bid from Fireman’s Supply, Inc. in the amount of $39,900
for the new exhaust system for the City of Ammon Fire Department. Councilmember Kirkham seconded. Roll Call
Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and
Councilmember Bean – Yes. The motion passed.
3. Ordinance 483 - Cable One Franchise Agreement Introduction*:
Leslie explained that the
ordinance needs to be introduced and it will be brought back in 30 days for the final acceptance from Council. Ron
has advised her that this contract protects the fiber optics and Cable has accepted this. The City received a 5%
franchise fee, since the previous contract had 5% and it is a 10 year contract.
Scott stated he hadn’t seen the ordinance. Ron had told Leslie that Scott had reviewed this.
Scott stated he can’t see where the fiber optics is protected. Leslie showed him section 2.1 last sentence.
Councilmember Powell stated he was more concerned with 2.3. Councilmember Bean stated that’s cables
protection. They discussed the definition of cable system. Councilmember Bean said you have excluded fiber in the
franchise agreement under 2.1 Scott stated that he is concerned that there might be a conflict with 2.3. They
discussed how cable carries more than just cable TV; it now also carries Internet and telephone services. Leslie
stated Ron would be ok to table this, if there was any concern and he can bring it back. Scott stated he is concerned
that the current language hasn’t clearly protected the City’s potential fiber optic lines. Scott stated he doesn’t know
fiber optics, so he will need some technical assistance with this contract. Scott stated he doesn’t want cable to freeze
our fiber optic system up in court. Scott stated he wants himself, Councilmember Bean, Bruce Patterson and Ron to
work on the language. Councilmember Bean also pointed out that section 4.1 refers to a definition in section 1.1,
but there is no section 1.1.
Councilmember Kirkham motioned to table Ordinance 483 – Cable One Franchise Agreement until the
City has the opportunity to explore it further and rewrite section 2.3. Councilmember Powell seconded. Roll Call
Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and
Councilmember Thompson – Yes. The motion passed.
Councilmember Bean stated he would like a quarterly accounting from the cable company along with the
franchise fee check. Leslie stated there are companies that go out and verify these fees for the Cities.
DISCUSSION ITEMS:
1. IBSD - Riverbend Manor (Eileen McGovern)*:
Eileen McGovern, Echohawk Law Offices,
Pocatello, Idaho said she was here to talk to the Council concerning IBSD Riverbend Manor. She sent a letter
including the legal description, plat and statutes that relate to the annexation and de-annexation process. It makes
more sense for Ammon to handle the sewer for this area, than IBSD. There are two main purposes for her meeting
with the Council – one if Ammon is ok with this or not and two how it can be accomplished. Lance said it is only
the southwest portion. The southwest portion can be gravity fed all the way by the Ammon system, but if IBSD
handled it, they would have to have a lift station. Similarly, IBSD can gravity feed the northeast portion, but if
Ammon handled this other portion, Ammon would have to have a lift station.
Mayor Ard said IBSD would have to de-annex and then Ammon accept services. Eileen said it can
be done either by annexation by Ammon or de-annexation by IBSD. Both require a petition from the landowners, a
published notice and a public hearing. The landowner has already signed off on it. Eileen is interested in creating a
petition and in the body of the petition state what they are doing and indicate that Ammon is willing to accept them
into the City. Councilmember Bean asked about annexation and inclusion and how they work. Eileen said there has
to be public notice, then public hearing, then Council can accept the petition, then the area will be serviced by
Ammon. IBSD will create the petition and go through the public hearing, and then Ammon might need a public
hearing. Mayor Ard said where Ammon already has the land there would be no need for a public hearing. Scott
said the City provides this service for people, so we wouldn’t need a public hearing. IBSD will create the petition,
get the landowners’ signature and go through the public hearing process.
10-15-09 Council MinutesPage 4 of 6
Council said they would be willing. Councilmember Bean asked her to make sure it’s recorded to
show the jurisdiction change. Eileen said the public hearing will file it. She will be sure it is done and will send the
Council the letter. Lance asked the maps to be adjusted. Eileen will see that this is done.
Councilmember Thompson said there is some land that IBSD has that might be better served by Ammon.
Eileen said hopefully the process will be better with the new management. Scott said the City is very willing to
work with IBSD. Eileen said IBSD feels the same.
2. Misc.:
Lance said the Council needs to review the snow proclamation. Snow removal will become a
large issue with the new garbage cans. He will be discussing changing it to meet the new demands.
Lance discussed the issue with after hour calls for water service and if Council would allow a change to
charge for overtime expenses. Councilmember Powell asked about what if the main water line breaks. Lance said
that would be the City’s expense. He is just talking about individual homeowners calling. Council decided that it is
a courtesy the City provides and to leave it as is.
Councilmember Bean asked Scott to note the gross revenues. In the definition section of the cable
franchise agreement it looks like cable TV is covered, but not internet or phone, but questions whether the fee
should also be on all these services. He wants to redefine cable to include other services such as internet, and
telephone and possibly to include repairs and maintenance and whatever. Councilmember Powell stated he likes
the ambiguity for the fiber but for the revenue side of it we need to lock it down.
Councilmember Bean asked if the ERU’s are still on line. Leslie stated more of the forms have come
back in and have been entered. Lance said there is an issue with the current chart. One instance is looking at
increasing an entity by $5000 per month. Councilmember Kirkham said she and Councilmember Bean are not
seeing where the application is failing. Lance said it looks it’s where what we are currently charging and where it
will go with the ERU’s. Leslie stated the churches, schools, and restaurants are the ones being hit the most. These
are on meters and the formula is much higher than actual usage. She’s concerned how the Council can support these
numbers. She is in favor of the ERU’s, but if we throw out any part of the ERU then the whole thing would have to
be thrown out. Councilmember Kirkham said she wants to have a formula and we need to find one that will work.
Councilmember Bean stated that maybe the ERU’s are right and our rates are too low. He feels the meter rate is too
low. Leslie stated they are now trying to find out where the formulas fail. She is having Forsgren and she cross
check every area to track this down. Forsgren has stated that they pulled from many different formulas.
Councilmember Kirkham said Lee is probably right. Even if the ERU’s are correct, if we raise the rates
significantly like that, we will hear from everyone out there. She would like the increase to happen all at once, not
in segments. Leslie said to remember that the ERU’s will be applied to water and sewer, so any increases will be
approx. doubled. The letters have just started coming back. She has sent a second request and she is still at 50%
response. Leslie stated you won’t know the ERU rate, until you know how many ERU’s and then you will have to
divide the expenses.
Councilmember Kirkham said we got a thank you note from a constituent.
She asked about the Hitt Road letter and whether the Council wants to still send it to the constituents. Scott
asked to change the location information. It’s confusing to him, since there are two canals. He suggested changing
ththst
it to Sunnyside north to Derald, Derald north to 17, 17 north to the Mepen canal and the Mepen canal north to 1.
In the last sentence, after the words “the City of Ammon”, he feels they are inviting discord. He thinks to have it
say the City will always strive to be responsible with their tax dollars. Councilmember Thompson asked what the
percent of participation is and maybe state it is of the entire project to date. Councilmember Kirkham asked Robert
Taylor, from the audience, to read the letter and to give his opinion.
Council discussed how Idaho Falls is trying to use dollars not linear feet. Ammon wants to stay with linear
feet; since it is felt this compares apples to apples. Leslie stated if you use dollars, then it all should be based on the
value of current dollars.
Discussion ensued concerning what portion the road was done before the MOU. Scott said when the MOU
was done there was no Hitt Road south of Sunnyside – it was called Haroldsen Road or something like that. If this
is the case, then this agreement might not be effective at all south of Sunnyside. Lance asked the Council where the
mailing costs will come from. Councilmember Powell asked what we are trying to accomplish. Councilmember
Kirkham said it’s to inform the constituents that we aren’t trying to shirk our responsibilities, which we aren’t.
thth
Councilmember Bean said 25 to 17 was done before the MOU. If you take this out, this would make Ammon
paying 78% of the expenses. Councilmember Powell stated we’ve already published 60% and he doesn’t want to
keep changing figures around.
10-15-09 Council MinutesPage 5 of 6
Councilmember Powell stated he thinks it best to let it die, since the Mayor already put it in the
newspaper. Councilmember Kirkham said we will agree to disagree, but we have a responsibility to say to the
patrons we have held up to our end of the agreement. Councilmember Powell asked in the end, what this
accomplishes. Scott said it’s the percentage of the development of the road, not of the cost. Nobody cares about the
cost, just the lineal feet of development.
Robert Taylor stated he feels it is too technical for the general public. He feels a couple of paragraphs
would suffice. It should say something like the road is mostly in Idaho Falls and from Sunnyside to First Street
Ammon and its developers have done more than their share, then proceed to tell about the new water system.
Russell Slack, 4068 Rulon Drive said during the campaign he has been talking to hundreds of people, he
feels they have moved on, because nobody has been affected by it. He feels Councilmember Powell is right on the
nose, not to create a controversy. Councilmember Powell stated he would rather send a letter out about the water,
police, sewer system and the positive aspects of the City. Councilmember Thompson said he feels Idaho Falls will
put something in the paper and it will be dollars and make Ammon look puny. Councilmember Powell said that is
their prerogative. Scott asked Robert what if this was a map showing what was done by Ammon and what was done
by Idaho Falls, designated by color. Robert felt that would be a good approach. Leslie said we would tie in the
positive aspects of the City with the map. Councilmember Kirkham said that would probably make more sense to
the constituents. She will start over.
Councilmember Powell asked Lance about the completion date for the street light on the northwest
th st
corner of 45East and 21 Street intersection. Lance said they are working with Rocky Mountain Power for the
hole, which is approved, but he has not seen anyone out there. Councilmember Powell asked him to follow up on it.
Leslie asked Councilmember Kirkham if she has talked with Ray Suitter concerning the hydrant, so she can
issue the business license. Councilmember Kirkham said she will call him. She will check with Ron to get the
proper details on the hydrant. The decision is how much of a fine he is going to pay.
EXECUTIVE SESSION:
1. Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Scott/Lance/Leslie)*:
Councilmember
Bean motioned to move into executive session for pending litigation pursuant to Idaho Code 67-2345 (1-f).
Councilmember Thompson seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Thompson –
Yes, Councilmember Kirkham – Yes, and Councilmember Powell. The motion passed.
The meeting adjourned at 9:00 p.m.
________________________________________
C. Bruce Ard, Mayor
________________________________
Leslie Folsom, City Clerk
10-15-09 Council MinutesPage 6 of 6