02.06.2014CouncilMinutes
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL - MINUTES
THURSDAY, FEBRUARY 6, 2014 – 7:00 P.M.
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL - AGENDA
THURSDAY, FEBRUARY 6, 2014 – 7:00 P.M.
CALL TO ORDER:
Mayor Dana Kirkham at 7:00 p.m.
Pledge of Allegiance – Councilmember Thompson
Prayer – Councilmember Wiscombe
MINUTES:
January 9, 2014, January 16, 2014
ITEMS FROM MAYOR:
CONSENT AGENDA:
Accounts Payable – Exhibit A
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
PUBLIC HEARINGS:
None
ACTION ITEMS:
1.Appointment of Rachael Brown to City Clerk
2.FY2013 Auditors Report - Galusha, Higgins, Galusha
3.Preliminary Plat – Ammonside Division #5
4.Final Plat – Ammonside Division #5
5.Development Agreement – Ammonside Division #5
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6.Final Plat – Eastern Idaho Commerce – 1 Amended Division #1
7.Policy 50-003 – Adopting Policy and Standards for Parking Stalls
8.Resolution 2014-003 – Adopting Policy 50-003
9.Resolution 2014-004 – Revising Utility Rate Resolution
10.Ordinance 539 & Summary – Revising Title 4, Chapters 2, 3, 4, and 14 of the City Code
DISCUSSION ITEMS:
1.Sand Shed Demolition – Well #6
2.Misc.
EXECUTIVE SESSION:
1.Pursuant to 67-2345(1)(f) – Pending Litigation
2.Pursuant to 67-2345(1)(c) – Real Property Acquisition
MINUTES
City Officials Present:
Mayor Dana Kirkham
Councilmember Brian Powell
Councilmember Rex Thompson
Councilmember Sean Coletti
Councilmember Russell Slack
Councilmember Brad Christensen
Councilmember Byron Wiscombe
City Attorney Scott Hall
City Administrator/City Clerk/Planning Director Ron Folsom
Deputy City Clerk Rachael Brown
City Treasurer Jennifer Belfield
City Engineer Lance Bates
City Officials Absent:
None
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CALL TO ORDER:
Mayor Dana Kirkham opened the meeting at 7:00 p.m. at the City Hall building located at 2135 South
Ammon Road. Councilmember Thompson led the Pledge of Allegiance. Councilmember Wiscombe offered a prayer.
MINUTES:
January 9, 2014: Councilmember Thompson moved to approve the minutes, as presented. Councilmember
Wiscombe seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Wiscombe – Yes, Councilmember
Christensen – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Slack – Yes. The motion
passed.
January 16, 2014: Councilmember Thompson moved to approve the minutes, as presented. Councilmember
Christensen seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Christensen – Yes, Councilmember Coletti
– Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, and Councilmember Wiscombe – Yes. The motion passed.
ITEMS FROM MAYOR:
None
CONSENT AGENDA:
Accounts Payable – Exhibit A: Councilmember Powell moved to approve the Accounts
Payable – Exhibit A, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes,
Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes,
and Councilmember Wiscombe – Yes. The motion passed.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
None
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Appointment of Rachael Brown to City Clerk:
Mayor Kirkham said Rachael has been the Deputy Clerk for some
time now and has undergone her training period supervised by Ron; and Ron feels confident and the Mayor does too that Rachael is
ready to take on the position of City Clerk.
Councilmember Powell moved to release Ron Folsom as City Clerk and appoint Rachael Brown as City Clerk.
Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember
Wiscombe – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Christensen – Yes. The
motion passed.
Mayor Kirkham administered the Oath of Office swearing in Rachael Brown as City Clerk. Rachael repeated the Oath of
Office as it was read to her.
2. FY2013 Auditors Report - Galusha, Higgins, and Galusha:
Judy Brower with Galusha, Higgins, and Galusha
distributed the FY2013 audit documents for the Council to review as she covered the contents and answered questions from the
Council regarding the audit findings. Scott Hall said it may be appropriate for the City to send a memorandum to the Region (Eastern
Idaho Regional Waste Water Authority) regarding repayment of the sewer bond. Scott said he is concerned the City of Shelley will not
want to continue making payments when they have paid off their bond. This is counter to what is stated in the MOU (Memorandum of
Understanding). Part of the City of Ammon bond was used to pay for the screens and the engineering, but twenty years from now no
one will remember that the City of Ammon already paid its share, and Scott said we need to have a record. Mayor Kirkham said the
City of Shelley has made proportional contributions also. Jennifer said at the end of 2012, and at the end of FY2013 the City sent a
letter to the Region stating the amount of assets transferred from the City of Ammon to the Region. Scott said 25 or 30 years down the
road current Council members will not be around, and the City of Shelley may question why they need to keep paying.
Councilmember Powell said if a district is formed that will need to brought under that umbrella. Mayor Kirkham said Scott makes a
valid point, and if she were on the City of Shelley’s Council twenty years from now, she would question why they had to help repay
Ammon’s bond. Discussion ensued regarding the engineering expenses for the screens at the Region.
Councilmember Wiscombe asked regarding Scott’s point if the notes in the audit would be adequate to show the transfer, or
if it should be broken out separately. Judy said she likes Scott’s idea of sending a letter. Councilmember Powell asked who would get
the letter at the Region; he is considered that it may get lost over time. Mayor Kirkham said there is an Ammon file at the Region. Ron
said we would also have the letter on file. Jennifer said she sent the letter to the region and kept a copy with the audit documents in a
long term file. Jennifer asked what the Council is looking for in the letter. Mayor Kirkham said it really just needs to be a memo with
bullet points indicating the City transferred the funds to the Region. Scott said to also include that the letter was done in consideration
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of the MOU that exists between all the entities. Mayor Kirkham said it should be a factor into our overall costs of what we paid from
the bond. Discussion ensued regarding restricted funds, reserve funds, and franchise fees.
Judy said overall the City is making a lot of progress. The wastewater project is a huge project. It is good that the first phase
is done, that is a huge accomplishment. The City is thinking ahead and she thinks that is great. The City is doing a good job.
Councilmember Powell moved to approve the FY2013 Auditors Report – Galusha, Higgins, and Galusha, as presented.
Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember
Christensen – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Wiscombe – Yes. The
motion passed.
3. Preliminary Plat – Ammonside Division #5:
Ron explained where the property is located, and displayed the
preliminary plat for the Council to view.
Councilmember Powell moved to approve the Preliminary Plat – Ammonside Division #5, as presented. Councilmember
Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Coletti –
Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Wiscombe – Abstain (Conflict of Interest).
The motion passed.
4. Final Plat – Ammonside Division #5:
Councilmember Powell moved to approve the Final Plat – Ammonside
Division #5, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack –
Yes, Councilmember Wiscombe – Abstain (Conflict of Interest), Councilmember Thompson – Yes, Councilmember Coletti – Yes,
and Councilmember Christensen – Yes. The motion passed.
5. Development Agreement – Ammonside Division #5:
Ron stated that this development agreement is not a typical
boiler plate agreement and explained the changes made. Discussion ensued regarding the water rights. Mayor Kirkham asked about
the special condition. Ron said the special condition acknowledges that there is an annexation agreement.
Councilmember Slack moved to approve the Development Agreement – Ammonside Division #5, as presented.
Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember
Coletti – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Wiscombe – Abstain
(Conflict of Interest). The motion passed.
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6. Final Plat – Eastern Idaho Commerce – 1 Amended Division #1:
Ron explained where the property is located,
and displayed a map for the Council to view. Ron said there would be a landscape strip and a sidewalk that would be in the City of
Idaho Falls; and would be maintained by Idaho Falls. Ron explained that for now all of the lots would be accessing City of Idaho Falls
sewer.
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Councilmember Slack moved to approve the Final Plat – Eastern Idaho Commerce – 1 Amended Division #1, as presented.
Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember
Coletti – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Wiscombe – Yes. The
motion passed.
7. Policy 50-003 – Adopting Policy and Standards for Parking Stalls:
Councilmember Slack moved to approve
Policy 50-003 – Adopting Policy and Standards for Parking Stalls, as presented. Councilmember Christensen seconded. Roll Call
Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes,
Councilmember Thompson – Yes, and Councilmember Wiscombe – Yes. The motion passed.
8. Resolution 2014-003 – Adopting Policy 50-003:
Councilmember Slack moved to adopt Resolution 2014-003 –
Adopting Policy 50-003, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes,
Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes,
and Councilmember Wiscombe – Yes. The motion passed.
9. Resolution 2014-004 – Revising Utility Rate Resolution:
Ron explained the revisions in the utility rate resolution,
which includes a deposit reduction for sanitation only accounts, a reduction in the disconnection fee for vacant homes, and a reduction
in the cost to Snowbird accounts for their seasonal disconnections.
Councilmember Slack moved to adopt Resolution 2014-004 – Revising Utility Rate Resolution, as presented.
Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember
Christensen – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Wiscombe – Yes. The
motion passed.
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10. Ordinance 539 & Summary – Revising Title 4, Chapters 2, 3, 4, and 14 of the City Code:
Ron explained the
changes that were made were because the City’s Enforcement Officer Shawna Avery performed a routine audit of licensed bartenders
and it was found that there were several at one location that were not in compliance. Discussion ensued regarding the bartender
licensing procedure and the amount of available liquor licenses in the City of Ammon.
Councilmember Christensen read Ordinance #539 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING TITLE 4, BUSINESS REGULATIONS, CHAPTER 2, LIQUOR BY THE DRINK, SECTION 6,
FORM OF LICENSE; DISPLAY; CHAPTER 3, BEER, SECTION 2, LICENSE REQUIRED; CHAPTER 4, WINE, SECTION 2,
LICENSE REQUIRED; CHAPTER 14, BARTENDER’S LICENSE, SECTION 2, BARTENDER’S LICENSE REQUIRED;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I
move that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three
readings be waived. Councilmember Slack seconded. Roll Call Vote: Councilmember Christensen – Yes, Councilmember Slack –
Yes, Councilmember Wiscombe – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti
– Yes. The motion passed.
Councilmember Christensen read Ordinance #539 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING TITLE 4, BUSINESS REGULATIONS, CHAPTER 2, LIQUOR BY THE DRINK, SECTION 6,
FORM OF LICENSE; DISPLAY; CHAPTER 3, BEER, SECTION 2, LICENSE REQUIRED; CHAPTER 4, WINE, SECTION 2,
LICENSE REQUIRED; CHAPTER 14, BARTENDER’S LICENSE, SECTION 2, BARTENDER’S LICENSE REQUIRED;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I
move the adoption of Ordinance #539 and Summary as an ordinance of the City of Ammon on its third and final reading.
Councilmember Slack seconded. Roll Call Vote: Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember
Wiscombe – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion
passed.
DISCUSSION ITEMS:
1. Sand Shed Demolition – Well #6:
Mayor Kirkham explained where the sand shed is located and stated that there is
not really a way to secure it; the sand shed is in poor shape, and is dangerous. Mayor Kirkham asked Lance to obtain a bid to have the
building demolished. Lance explained he received a bid from Landon Excavation for $3,500. Discussion ensued regarding the bid.
The Council said if he is able to find the money in his budget, to have the building torn down.
2. Misc.:
Jennifer explained she had uploaded statistical information for the City of Ammon which includes the census
information, the city parks, and a broadband update.
Lance said the force main at IBSD (Iona Bonneville Sewer District) is getting ready. The line will come down the north side
of 17th street and tie in at a fairly steep angle so it will touch very little asphalt. Discussion ensued.
Lance said as we look forward to the development south of Sunnyside Road, that the Eastern Idaho Regional Waste Water
Authority charges capacity replacement fees to those connecting to the system based on ERU (Equivalent Residential Units). The fee
charged by the City of Ammon on the other hand is based on number of connections, plus a few more considerations such as total
number of hotel rooms. Discussion ensued regarding connection fees, capacity replacement fees, and ERU’s.
Mayor Kirkham said the Council microphones need to be smaller. Ron said to have the system redone will cost $1,300.
Discussion ensued regarding the microphones. The Council requested thin microphones.
Mayor Kirkham said she is trying to figure out where the Employee appreciation dinner can be held. She would like to have
it held somewhere in the City of Ammon. Ron said he talked to Monica at Pearl Health and she said it would be ok for us to use the
facility, but we will have to rent tables, rent linens, rent dishes, and have it catered; every time you have a meal catered outside of a
restaurant the cost goes up considerably. Ron stated that last year we paid the Hotel on the Falls $13-$17 per plate. Councilmember
Powell said the Hotel on the Falls is the logical location. Councilmember Slack suggested a company called Catered Your Way and
said their food is really good. The Council asked Ron to pursue Catered Your Way and get back to the Mayor with the results.
Councilmember Powellsaid he is going to invite City of Idaho Falls Councilmember Mike Lehto to lunch to talk and to get
to know him better. Councilmember Powell said he and Bruce had a meeting with three of the voting members of the Idaho telephone
association, and they laid out what they are planning to do. There was a little bit of resistance, but he thinks they saw what the City is
trying to accomplish, and that the City is not trying to step on their toes. They did make it clear that they do not want cities becoming
service providers, and they like the ideal of the City installing the infrastructure and working as partners with the city, but they will
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fight cities trying to become providers. Councilmember Powell feels the meeting was a positive experience and if we have their
support that is the key to winning this at the legislature. It will show the private sector is supportive.
Mayor Kirkham said she met with Century Link and they want to have an MOU with the City stating that if we open a trench
to install our fiber, they can also put their fiber in the trench and vice a versa.
EXECUTIVE SESSION:
Councilmember Powell moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1- f &
c). Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes,
Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Wiscombe – Yes.
The motion passed.
The meeting adjourned at 9:18 p.m.
___________________________________________
Dana Kirkham, Mayor
______________________________________________
Rachael Brown, City Clerk
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