03192009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, MARCH 19, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AMENDED
AGENDA
THURSDAY, MARCH 19, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Powell
Prayer – Councilmember Bean
MINUTES:
ITEMS FROM MAYOR:
Proclamation – Fair Housing Month
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1. Broadband Contract – Mid States (Mayor)
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2.Re-issue Check from Ammon 17 Street LDS to Headwaters Construction (Lance)
3.Ord. 470 – Mountain Valley Estates Division 2 (District 93)
4.Development Agreement - Mountain Valley Estates Division 2 (District 93)
5.Resolution 2009-004 – Personnel Policy Manual
6.Ammon Police Dept. Consideration and Citizens Committee
DISCUSSION ITEMS:
1.
Hitt Road/First Street–Memorandum of Understanding Consideration (Lance/Leslie)
2.
Misc.
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham (arrived 7:38 p.m.)
Councilmember Lee Bean
Councilmember Brian Powell
Councilmember Randy Waite
Councilmember Rex Thompson
Councilmember D. Ray Ellis
City Attorney Scott Hall (arrived 7:48 p.m.)
City Clerk Leslie Folsom
City Treasurer Jennifer Belfield
City Planning Director Ron Folsom
City Engineer Lance Bates
City Officials Absent:
None
Mayor Ard opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South
Ammon Road. Councilmember Powell led the Pledge of Allegiance and Councilmember Bean offered a prayer.
3-19-09 City Council Minutes Page 1 of 6
MINUTES:
None
ITEMS FROM MAYOR:
Proclamation – Fair Housing Month: Mayor Ard read the proclamation aloud
and signed the proclamation.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday March 19, 2009
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
A.Claymore Tactical, LLC – Retail Sale of Sporting Goods – 1488 Midway Avenue
B.Redbox Automated Retail,LLC/Maverik – DVD Kiosk – 1663 N Ammon Rd.
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C.Redbox Automated Retail,LLC/Walgreens – DVD Kiosk – 3475 E. 17 Street
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D.Redbox Automated Retail,LLC/Albertson’s Express – DVD Kiosk – 1719 S. 25 E.
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E.Redbox Automated Retail,LLC/Albertson’s – DVD Kiosk – 1901 S. 25 E.
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F.Redbox Automated Retail,LLC/Walmart – DVD Kiosk – 1201 S. 25 E.
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G.Moncur, Braquel – Daycare Employee/Nana’s Daycare – 2660 E. 1 Street
2.RENEWALBUSINESS LICENSE APPLICATION:
A.Idaho Desperado’s, LLC – Retail Commercial Gun Shop – 3890 E. Sunnyside Rd.
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B.Red Ford, Robbi – Daycare Employee/Snake River Montessori – 2970 E. 1 Street
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C.B. J. Alan Fireworks/Big Bear of Utah – Retail Sale of Fireworks – 939 S. 25 E.
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D.Allstate – Insurance – 2677 E 17 Street Suite #100
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E.Ecowater of S.E. Idaho – Water Treatment & Purification – 3300 E. 17 St.
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F.Richardson, Olga – Daycare Employee/Snake River Montessori – 2970 E. 1 Street
HOME OCCUPATION PERMITS:
1.NEW HOME OCCUPATION PERMITS:
A.C & G Classic Mustang – Mustang Restoration Parts – 3155 Owen St.
Business License: Councilmember Ellis motioned to accept the consent agenda as presented.
Councilmember Waite seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Waite – Yes,
Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion
passed.
Accounts Payable – Exhibit A: Councilmember Bean asked that we buy as many items from Ammon
businesses as possible. He also asked Jennifer if she would provide the budget for the various income items, what
we have received year to date and what is projected to receive from the State of Idaho now until the end of the year.
Councilmember Bean motioned to accept the accounts payable as presented. Councilmember Kirkham
seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell –
Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes, and Councilmember Waite – Yes. The motion
passed.
ITEMS FOR/FROM TREASURER:
Jennifer advised the Council that the February financials are now on
Sharepoint.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
3-19-09 City Council Minutes Page 2 of 6
ACTION ITEMS:
1.
Broadband Contract – Mid States (Mayor): Mayor Ard stated there have been some conversations
over the past few days and he understands that Bruce Patterson had been given instructions to go forward for the
contract. He wants to get this all clarified. Councilmember Kirkham said Scott has brought up some issues in
communications with Bruce and the legal ramifications of moving forward with this project. She doesn’t think Scott
is recommending that we don’t move forward, but that he is recommending that if we do move forward with the
feasibility study up to $7,000, we should also look at the legal ramifications before we move forward with the grant.
Adding the cost of investigating the legal ramifications to the cost of the feasibility study may end up costing more
than $7,000. Scott said his concern is that the City doesn’t know where we are going on this and we don’t know the
legal issues of how this entity is going to function and be maintained. That would include questions of, would this or
can this be a department of the City, would this or can this be a utility, would this or can this be a franchise? Public
utility law and franchise law are very different from normal municipal law and there are only a few attorneys that
can handle either one. Scott doesn’t have a problem with the standard contract but he doesn’t want the City to move
forward and then find out we may be liable for millions of dollars because we can’t operate under the conditions
imposed by the grants we have applied for. Scott believes it is very important that we understand the legal aspects
of this. Bruce Patterson had told Scott that it’s been done elsewhere and Scott feels he should look at both sides, so
we have the full picture to look at. Councilmember Powell asked Scott how much the cost for the legal opinion
might be. Scott said he is not sure. Councilmember Powell wants to find out how much the attorney costs are but
feels we should still be pressing forward. Scott said he is on fiber optics in Idaho Falls. Idaho Falls ran the loop and
Scott pays the ISP not Idaho Falls for the use.
Councilmember Kirkham stated she would like to know how committed the Council is in moving
forward. Councilmember Ellis feels there is no reason not to put the design on the shelf – he feels we should still go
forward. Councilmember Waite agrees it should be designed. Councilmember Thompson said yes he is in
agreement to go forward with the design. Councilmember Bean doesn’t believe this is what City fathers were set up
to do and feels this falls outside of it. The City has the right though but feels we should have the public involved.
Councilmember Powell stated he is in favor of moving forward. He looks at the federal government grant for states
and municipalities for the benefit of the citizens. If we wait for private enterprise to help fund it, in our small market
it won’t happen and the City has a short window of opportunity. This would be great for the citizens. Mayor Ard
said he is not opposed at looking at the concept and the City just spent $28,000 on a police force study but feels we
should get the information.
Councilmember Kirkham motioned to move forward with the broadband feasibility study up to $7000 and
direct Scott to look into legal analysis such as the attorney general and Jerry Mason and authorize the Mayor sign
the contract for Mid-States to accept the consent agenda as presented. Mayor Ard stated to Scott when the City
figures out the proper way to go, hopefully it will be proved as a department and then Scott can handle that. Scott
said yes he could handle a department. Scott said usually an attorney general will not give an opinion unless it
affects the entire state but you can ask and he can tell us no. Councilmember Powell seconded. Roll call vote:
Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember
Thompson – Yes, Councilmember Waite – Yes, and Councilmember Bean – No because he doesn’t believe the City
should be entering into this type of business venture. The motion passed.
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2. Re-issue Check from Ammon 17 Street LDS to Headwaters Construction (Lance):
Lance
explained the LDS church has requested to have the checks cut to the contractor rather than the church.
Councilmember Ellis motioned to re-issue the check on the church sewer line upsize to Headwaters
Construction. Councilmember Kirkham seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember
Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and
Councilmember Powell – Yes. The motion passed.
3. Ord. 470 – Mountain Valley Estates Division 2 (District 93):
Councilmember Kirkham read Ordinance
#470
AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO;
DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND ZONED AND HEREBY ANNEXED AND ZONED AND
DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER
ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY
OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID
Councilmember Kirkham moved that the City Council dispense with the
LANDS. (Mountain Valley Estates D2 (District 93).
3-19-09 City Council Minutes Page 3 of 6
rule requiring the reading of the ordinance on three different days and that the three readings be waived.
Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Ellis – Yes,
Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes and Councilmember
Powell – Yes. The motion passed.
Councilmember Kirkham read Ordinance #470
AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO
THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED
AND ZONED AND HEREBY ANNEXED AND ZONED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON,
BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND
TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR
Councilmember
THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. (Mountain Valley Estates D2 (District 93).
Kirkham moved the adoption of Ordinance #470 as an ordinance of the City of Ammon on its third and final
reading. Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Ellis –
Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes and
Councilmember Powell – Yes. The motion passed.
4. Development Agreement - Mountain Valley Estates Division 2 (District 93):
Ron stated that the
development agreement has four special conditions. First is the developer fence the project on all sides with the
exception of the frontage on Princess. Second is they agree to cover and protect the canal at the northeast boundary
of the said property and the protection should include a grade on the upstream side of any culverts. Third is in
addition to the sidewalks required as part of the improvements to property per exhibit A. The developer agrees to
install sidewalks within the city right of way along both sides of Princess, these improvements should begin at the
north boundary line of said property and include both sides of Princess up to the intersection of Princess Drive and
Forest Glen Drive. Fourth is where we exclude the fact that they have to give us the water rights because they will
be using the water rights on this property. Scott stated they made sure that the modular units are clear: no more than
eight modular units total across all District 93 schools within City limits. Scott asked Council if we wanted to
designate the type of fence. Ron said we never have since they always use chain link. Scott asked about the
culverts and closing off the backside. Council feels to do this might cause another problem. Ron said it’s not the
City’s property, so he is ok with that.
Councilmember Ellis motioned to approve the Development Agreement Mountain Valley Estates Division
2 (District 93). Councilmember Powell seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember
Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and
Councilmember Bean– Yes. The motion passed.
5. Resolution 2009-004 – Personnel Policy Manual:
Leslie stated that the employees have been
reading the manual and one of the employees asked about guns. The City does have one employee with a concealed
gun permit and two others that have them in their private vehicles. Scott said it’s a very difficult issue in a private
vehicle. Councilmember Ellis said the Council needs to think about it and adopt it later when the manual is revised,
if so desired.
Councilmember Kirkham motioned to accept Resolution 2009-004 Personnel Policy Manual.
Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Ellis – Yes,
Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember
Powell – Yes. The motion passed.
6. Ammon Police Dept. Consideration and Citizens Committee:
Councilmember Ellis stated that
Stan Peterson would like to be involved. Councilmember Kirkham stated that she doesn’t feel this needs to be an
action item so Mayor Ard moved this down to a discussion item. Mayor Ard asked Councilmember Bean if he
would be the point person on the Council for the City who takes the names and moves it forward. Councilmember
Bean gracefully accepted. Councilmember Kirkham asked all Councilmember’s to give two names each to
Councilmember Bean.
DISCUSSION ITEMS:
1.
Hitt Road/First Street–Memorandum of Understanding Consideration (Lance/Leslie): Lance
showed the Channel 8 news report on Hitt Road. Councilmember Bean said this comes up at least once or twice a
3-19-09 City Council Minutes Page 4 of 6
year. He asked Lance if he knew where the comments came from. Lance stated no, he did not know where the
comment had come from. Mayor Ard said the numbers that were put together showed that we have paid more than
the City of Idaho Falls. Councilmember Bean is not opposed to someone creating a letter saying where we stand.
Councilmember Bean said let Mayor Ard discuss the issues with Mayor Fuhriman and talk to the media, if he so
desires. Lance stated he is trying to work, together with the County, to get the design of First Street done so it is
waiting on the shelf. Councilmember Bean asked if the County would design it themselves. Lance said no.
Councilmember Bean asked Lance if he would have the expertise to design it. Lance responded he could do some
but not the easements, light, bridge, etc. Mayor Ard will work with Lance and Ron to create a letter for Mayor
Fuhriman.
2. Misc.:
Lance advised the Council that Crowley Road will be closed for through traffic for approx.
another month. Lance said the flaggers are restricting cars but is allowing local traffic. Councilmember Bean
wants the City to allow local traffic into Cottonwood, including school buses taking students to their homes. Lance
will pass this onto the contractors and advise the sheriff’s office also.
Scott Hall stated he has a check for $7000 for the dismissal of the forfeiture of the bid bond on Well 10
from Harris Construction.
Councilmember Ellis said he feels the City needs to get philosophical concerning meters in the City
when we put millions into the sewer line to separate from IBSD but we don’t seem to address the meters. He would
like the City to get back to a strategic plan like fiber. Councilmember Kirkham asked what he suggests.
Councilmember Bean said five years ago, Steve Kent conducted a study that put together a strategic plan and he
would be willing to do it again. Councilmember Ellis asked where we want each department to go and he feels we
can get this from the department heads. They are in the trenches and see the problems day to day. He sees it as a
team effort but the departments can create a vision for their department and the Council can mold it for the City.
Councilmember Bean said he doesn’t feel it’s up to the department heads to develop the strategic plan. He feels the
department heads should implement the Council’s strategic plan and what the citizens want. Councilmember
Kirkham said she agrees with Councilmember Bean except in regards to working with the department heads and
feels they have tremendous input. Councilmember Bean wants to be sure that the Council drives the strategic plan.
Councilmember Ellis said the constituents know what they want but they don’t know what it takes to provide those
services nor the costs.
Councilmember Bean said he feels we need to take a different approach on the budget. The Council
needs to determine which departments get the higher funds. Councilmember Ellis said he feels the department
heads have a lot to offer. Councilmember Kirkham said this will take an all day event. Mayor Ard said it would
have to be at least the middle of May, in order, for him to attend. Councilmember Kirkham advised Leslie to put a
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budget work session on the April 9 meeting for Council for the budget. Then schedule the Council and
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management for a strategic and budget meeting on May 21.
Leslie advised the Council concerning the EMS expenses with ICRMP. ICRMP has advised her that it
does not increase the rates, except when it causes a need for Workmen’s Compensation. This also applies for
building inspections for other cities. The State has a restriction for the bonding of employees of $500,000 and
everyone in the City is covered. Leslie advised them that Idaho Falls is ahead of the City on applications requiring
remodeling fees and she has talked with Charlie concerning this and next month we will be adding a line on the
statements reminding the constituents that they need to purchase permits for certain items.
Mayor Ard met with the Department of Commerce on the Pearl House grant and arrived at some
ideas out of it. The apartments that have been built behind the theatres might put us in for low income housing for
the grant then this could make us ok. The Dept. of Commerce understands the City has spent the money but we
have to find a way to close the grant. If this doesn’t work, then we will work on the strip mall by Kohl’s.
Councilmember Ellis said we do have an option to extend the time frame a couple more years. Mayor Ard stated he
feels there is hope and he feels ok about it.
3-19-09 City Council Minutes Page 5 of 6
Councilmember Kirkham motioned to adjourn. Councilmember Ellis seconded. Roll call vote.
Councilmember Kirkham – Yes, Councilmember Ellis – Yes, Councilmember Bean – Yes, Councilmember
Thompson – Yes, Councilmember Powell, and Councilmember Waite – Yes. The motion carried.
The meeting adjourned at 9:05 p.m.
________________________________________
C. Bruce Ard, Mayor
__________________________________
Leslie Folsom, City Clerk
3-19-09 City Council Minutes Page 6 of 6