11042010CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, NOVEMBER 4, 2010
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, NOVEMBER 4, 2010 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Thompson
Prayer – Councilmember Kirkham
MINUTES:
Oct 7, Oct 14 and Oct 21, 2010*
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
PUBLIC HEARINGS:
None
ACTION ITEMS:
1.Bid Acceptance Quail Ridge Surplus Property (Ron/Leslie)
2.Dist 93 Request Princess/Forest Glen 3 Way Stop (Council 9-16)
3.Rockwell Development Appeal of Staff’s Denial of Building Permit in Woodland Hills, Division #6 (Based on Bonding
Ordinance) (Brent)
4.Change Order 3 – SCADA Building (Lance)*
DISCUSSION ITEMS:
1.Notification Time Before Charging Metered Rate - 30 or 60 days (Leslie)
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2.Change Work Session Date - November 11 (Veterans Day) (Leslie)
3. Water Rights Transfer Report (Ron)
4. Letter on October 14, 2010 Work Session (Ron/Scott)*
5.Misc.
EXECUTIVE SESSION:
1. Personnel Evaluations - Idaho Code 67-2345 (1-b)
2. Real Property Acquisitions - Idaho Code 67-2345 (1-c)
3. Pending Litigation - Idaho Code 67-2345 (1-f)
MINUTES
City Officials Present:
Mayor Steve Fuhriman
Councilmember Dana Kirkham
Councilmember Rex Thompson
Councilmember Brian Powell
Councilmember Sean Coletti
Councilmember Russell Slack
City Attorney Scott Hall
City Clerk Leslie Folsom
City Engineer Lance Bates
City Planner Ron Folsom
City Treasurer Jennifer Belfield
Council Minutes 11-4-10 Page 1 of 10
City Officials Absent:
Councilmember Lee Bean
CALL TO ORDER:
Mayor Steven Fuhriman opened the meeting at 7:00 p.m. at the Ammon City Hall
Building located at 2135 South Ammon Road. Cooper Williams, Troop 288 led the Pledge of Allegiance.
Councilmember Kirkham offered the prayer.
MINUTES:
Oct 7: Councilmember Kirkham motioned to approve the minutes, as presented.
Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes,
Councilmember Thompson – Yes, Councilmember Powell – Abstained (he was absent), and Councilmember Coletti
– Yes. The motion passed.
Oct 14: Councilmember Kirkham motioned to approve the minutes, as presented. Councilmember Slack
seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Powell –
Abstained (he was absent), Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion
passed.
Oct 21, 2010*: Councilmember Kirkham motioned to approve the minutes, as presented. Councilmember
Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember
Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
ITEMS FROM MAYOR:
Mayor Steve Fuhriman stated that the City of Idaho Falls’ City Council could meet
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on November 16. The City of Ammon’s City Council could not meet on this date and gave Nov. 30in the a.m.,
as an option. Mayor Steve Fuhriman will check out this date and advise the Ammon City Council.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday November 4, 2010
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.The Cocoa Bean LLC – Food Service – 2545 S. 25 E.
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B.JP Support Services – Finance – 3456 E. 17 Street, Suite 200
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C.Hacienda Cabinets – Cabinet Construction – 2667 E. 14 N.
D.Ambiance Beauty Salon – Salon – 1724 Cabellaro
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Mecham, Margaret – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street
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B.Comfort Air Design, LLC – HVAC – 2642 E. 14 N.
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C.Nigbur Ventures – Dry Cleaning – 3320 E. 17 Street
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D.Teton Retinal Institute PA – Ophthalmology Practice – 3544 E. 17 Street, Suite 105
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E.Security Finance of Idaho – Finance – 3045 E. 17 Street
HOME OCCUPATION PERMITS:
1.NEW HOME OCCUPATION PERMITS:
A.TM Square, Inc./Travis Young – Consulting – 2390 Quail Ridge Drive
1.RENEWAL HOME OCCUPATION PERMITS:
A.Hattie Bates Photography – Photography – 1117 Newgate Drive
B.Moore’s Home Improvement – Construction – 1955 Falcon
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Crossley, Heather Jo – Bartender/Firehouse Grill – 2891 S. 25 E.
Council Minutes 11-4-10 Page 2 of 10
2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Griffith, Mary Anne – Bartender/Texas Roadhouse – 2535 S. 25 E.
MASSAGE THERAPIST BUSINESS LICENSE:
1.NEW MASSAGE BUSINESS LICENSE:
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A. Maybee, Natalie Jones – Massage Therapist/Massage Envy – 3047 S. 25 E.
Business License*: Councilmember Kirkham motioned to approve the business licenses, as
presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Slack – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes.
The motion passed.
Accounts Payable – Exhibit A: Councilmember Kirkham motioned to approve Accounts Payable Exhibit
A, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember
Powell - Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
Jennifer stated that the City had cut a check for the water and sewer
bond and asked the Council if they wanted her to continue to hold the check. Council concurred to hold the check.
She confirmed if the wage study was acceptable. Councilmember Kirkham asked when they could start
and when it would be done. She would like Jennifer to find out if it could be done by the first of the year. Jennifer
stated she will check on this.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
Arnold Smizer, 4000 S. Ross, stated that he felt the charge to turn off the water of $150 was outrageous. He says he
likes the better water pressure, but when he leaves for 4 months he doesn’t get any services. He said Rexburg
charges $25, Idaho Falls is free, Rigby is free and Blackfoot is $10. He said he doesn’t expect it to be free, but it
doesn’t cost $150. He is hoping the Council will look at the policy. Lance said staff is aware of the issue, and has
started looking at this, but asked for a few weeks to be sure it is an appropriate number and bring recommendations
back to the Council. Councilmember Powell asked if the fees he checked on were to shut off and turn back on.
Arnold said both. Council stated they will look at it and have staff call him in two weeks to let him know what has
been decided.
Jill Miller, 390 Advantage Lane, and also representing Snake River Montessori School said she
wanted to thank the Council for all the time taken for the reviews on the water increases and balancing the needs of
the City. Councilmember Kirkham thanked her for her comment.
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Bid Acceptance Quail Ridge Surplus Property (Ron/Leslie):
Ron advised the Council that no bids
were received and the Council can do what is necessary, which includes hiring a real estate agent. Scott said he had
a couple of individuals interested and they could be called before listing it. Councilmember Kirkham said let’s see
what they are willing to offer and go from there. Councilmember Powell said he will talk with both of the interested
individuals and let Ron know. Ron recommended listing with an agent who lives in the City.
2. Dist 93 Request Princess/Forest Glen 3 Way Stop (Council 9-16):
Chuck Hicks, 1934 Eagle Point
Drive said he doesn’t feel we need the three way stop now and thanked the Council for the signs. He has a couple of
concerns with the lack of yellow lines to keep people from cutting the corner and asked if some could be added. He
said you still cannot see both stop signs, due to the trees. Council asked if the trees are on private property. Lance
said yes and Ken has sent certified mail to the properties, but there are time frames with the notification. Leslie said
Council Minutes 11-4-10 Page 3 of 10
the time limit has passed and Ken is contracting with someone to take care of it and then bill the property owners.
with
Ron will checkKen on Monday.
Lance said he talked with Sergeant Casper and there was no reportable accident in the past year, but at the
corner of Princess and Wanda there was one, which was alcohol impaired. He would like a possible notice to the
community advising that kids are walking to school. Council asked Councilmember Coletti to put it in the
newsletter. Chuck said his issue is with keeping snow off sidewalks and driveways, etc. Councilmember Kirkham
said we will also include this in the newsletter. He is concerned about City snow removal. Council asked Lance to
explain the procedure for snow removal. Lance stated when a snow event occurs the priority is the main arterials
first, because they carry the most traffic. After that, we start into the collector roads, but the only true collector road
is Midway. Next are all other roads that carry a lot of traffic, then neighborhood streets, with straight through streets
first and cul-de-sacs last. The City has to clear those streets first that carry the most traffic and cul-de-sacs do not
carry that much traffic. It takes about 17-18 hours to plow the whole City. Chuck asked where the schools rank in
that 17-18 hour period. Lance said if they are in a major area then they will be done before the neighborhoods. He
repeated that the main roads have to be done first. Lance said when snow has an accumulation of an inch the plows
are moving. There are no strategic priorities for school zones, as such.
Chuck said they don’t have a 20 mph sign posted at the school. Lance said it doesn’t meet the criteria
for a 20 MPH zone, which is, does the street have a posted speed limit of 35 or above. Chuck said he has not been
to a school in Ammon that does not have a 20 MPH sign, except the one his kids go to now. Council said the traffic
speed inside a neighborhood is already 25 mph. Councilmember Kirkham said if there was one child crossing on
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21 or Sunnyside, because of the criteria there would be a flashing light and the school has to provide a crossing
guard. Scott said there is a MUTCD manual that controls the school zone standards and the City is bound to follow
these standards. Scott said for liability purposes, the City is attempting to follow the standard. Lance said the
places where we have school zones are almost always across arterial roads where the posted speed limit is 35 MPH
or greater. One of the places where we don’t have that is at Bridgewater Elementary, because that is a County Road
section through that area. The school kids that are walking across Ammon Road have been offered bussing. Lance
said because it is a County Road on that side, and because it is County students that are crossing, we have kept out
of placing the signs on this road since it is a joint jurisdiction. The City of Ammon children are living in the
subdivision with the school. Councilmember Slack said the City cannot monitor everyone breaking the law and the
City is still trying to follow our policies and guidelines.
Councilmember Kirkham reiterated that Mr. Hicks wants the trees trimmed, striping on the curb on
the corner, and a 20 mph sign with a crossing guard. The crossing guard is chosen by the schools, not the City. Scott
said the City didrequire sidewalks as part of the development.Councilmember Powell and Lance will meet with
Mr. Hicks at the Mountain Valley School tomorrow morning to check on his issues.
3. Rockwell Development Appeal of Staff’s Denial of Building Permit in Woodland Hills, Division #6
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(Based on Bonding Ordinance) (Brent):
Brent Johnson, 6030 S. 45 E. said he would like to discuss his
issues regarding Woodland Hills. This is a 72 lot subdivision with a final plat. There is curb and gutter on the entire
area and asphalt on approx. a third of it. They can’t get a building permit on the portion they have asphalt on, due to
the bonding ordinance. Ron had given the dates of the ordinance being recorded on November 3, 2006 and their
final plat being recorded May 7, 2007 and based on those two dates, they are bound by the ordinance. He has more
information to present to Council. Councilmember Powell asked Lance if the subdivision has to be completed, in
order to obtain building permits. Lance said yes, that is the way the ordinance reads and the development agreement
states having the improvements done before building permits are issued. Brent said the final plat was approved July
20, then on Aug 3, 2006 the development agreement was approved by the City Council, and the plat was recorded
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August 9.
Lance asked Brent when the subdivision improvement drawings were authorized. Brent said he doesn’t
have that information. Lance said he doesn’t have the date, because the subdivision improvement drawings were
never authorized by the City to build the Subdivision. Councilmember Powell asked what a subdivision
improvement drawing is. Lance said it outlines streets, water, sewer, curb, gutter and sidewalk and everything that
goes in. Councilmember Powell said he thought that was in the development agreement. Lance said no, the
development agreement is wording that states what needs to be done. The improvement drawing shows a contractor
how it’s actually built. Lance said the development agreement is signed first and then immediately the improvement
drawings follow. Councilmember Slack asked if the improvement drawings are approved before the development
agreement is recorded or after. Lance said usually the development agreement happens in advance.
Council Minutes 11-4-10 Page 4 of 10
Brent said in 2006 they worked with Mayor Ard and the old engineer. There were tons of verbal
agreements in 2006 with the Mayor and engineer. On May 7, 2007, the final plat was recorded. Brent said the
decision is made, after the final plat, to see if it is financially feasible to do a subdivision. Councilmember Kirkham
said he isn’t bonded, nor is the infrastructure in. Brent said in 2005-2006 the economy was booming. In 2006 they
got approved, put in all the sewer and water, all the curb and gutter, the power is in, and the asphalt is in. There
were improvements in 2007 and 2008 still had some movement in the economy. Then they saw they needed to start
slowing down and just did one street and put the lots up for sale. Usually you put in the sewer and water and then
the streets, as needed. In 2008, they were advised they couldn’t get a building permit. Lance said the original
engineer told them he couldn’t sign off on any improvements, until the bridge was done. This spring they invested a
lot of money into the bridge and in the asphalt to connect the division’s existing asphalt to this bridge to Woodland
Hills and stated that they were told that would allow them to get building permits. Lance said no, he said the bridge
had to be designed and put in before they talked about anything else and the bridge is not completely done yet.
Brent said they have handrails to put it. Councilmember Kirkham asked Brent to show where the asphalt was in.
Brent said the loop is not asphalted. Councilmember Kirkham said how does the City make an exception for you,
and not for Founders Pointe, or Hawks Landing, and so on, and how can it be justified. Brent said based on the
Development Agreement and the final plat. Councilmember Kirkham said by law you aren’t supposed to dig dirt at
all, until the improvement drawings are signed and recorded and there are none. Councilmember Powell asked
where the improvement drawings are. Lance said Brent submitted them approximately a year ago. Councilmember
Powell asked if they were submitted before or after the Ordinance was passed. Lance said after the ordinance was
passed. Councilmember Powell asked if it was during or after the Development Agreement was submitted. Brent
said typically it is done at the same time as the final plat.
Councilmember Slack asked how hard it would be to make it into two separate plats. Brent said let’s
decide, if we have to go this direction. Brent said the Hawks Landings final plat was approved Dec. 2007, the
preliminary plat was approved March 2007 and original proposal was done in Nov. 2006. Ron said Founders was
done before this. He thinks Bridgewater probably falls under the new ordinance. Brent said Eagle Point Division 10
approval occurred during the same time frame, they had the final plat approved before the ordinance, the
development agreement before the ordinance and they recorded the plat after the ordinance and have been building
homes in there for a few years. Councilmember Kirkham asked when their improvement drawings were approved.
Lance said the improvement drawings were approved before he came in. Councilmember Kirkham said you have
been a good developer in Ammon, but the City doesn’t know who else will walk in the door that isn’t as trustworthy
and then have homeowners asking how you can allow them to build here. Councilmember Powell said you look at
the economy and how things are going. Councilmember Kirkham said you need to change the Ordinance or you
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will be breaking the law. Brent said if you take a building permit in on Dec 31 it falls under the old laws and
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doesn’t have to obey the Jan 1 laws. This subdivision was based off the date of the final plat and he feels the rules
are created at this point. Councilmember Kirkham said the permit is based on the laws, at the time of the permit.
The City has to figure something within the bounds of the law. Brent said sidewalks are done prior to certificate of
occupancy, and another portions of the agreement says they will build it in phases. Councilmember Slack said this
is happening, because there really isn’t a demand to finish out these subdivisions.
Councilmember Slack asked how difficult it is to get it into two plats. Brent said it’s expensive and
then they are under new regulations. Councilmember Powell asked what the adverse affect is, if the Council allows
this. Lance said because of Hawks Landing, the City made them install all of the sidewalks, they will expect the
Council to hold everyone up to the same standards, since he made them install the sidewalks, curb and gutter and the
chip seals on the road. He made them adhere to all those rules and they didn’t want to do it. Ron said the first
hearing of Hawks was in 2006.
Scott said the City has multiple acres in the City not being developed and part of the City’s concern was
making sure, when the development came on, that it was bound by what the ordinance was at the time building
permits were being issued, not at the time it was being annexed or development agreements were being signed, etc.
That was the specific purpose for which we put in paragraph 2d “developers shall comply with all City requirements
at such time on each said lot”, because the City has no control over how fast development was ever going to come
and saw development coming in for 90 acres that knew they wouldn’t develop for years. Councilmember Powell
said those lots already fall within the City requirements, don’t they? Councilmember Kirkham said Hawks is a PUD
and it has a completely separate set of bylaws.
Brent said in 2000 the developer agreed to make modifications to construct temporary facilities in
phased construction. He gave an example of the engineer asking them to put in the bridge and the investment was
Council Minutes 11-4-10 Page 5 of 10
$100,000. Lance said Bill Manwill and Mountain River both said that they explained the requirement for the bridge
to Rockwell long before Lance got here and that that was supposed to be in. Councilmember Kirkham said she
doesn’t want to violate the ordinance and asked Scott what are their options. Scott said the City cannot contract
around an ordinance. Brent said they have hundreds of lots that they are building on without sidewalks. Ron said
they were all done before this ordinance. Lance said there were a lot of discussions at both P&Z and City Council.
Ron said the Cottages are the case in point. This is not a strange ordinance and it is very common for City’s to
operate this way. Lance said Twin Falls does. Ron said Chubbuck talked with us and they have to have sidewalks.
Scott wanted to finish Councilmember Coletti’s question “can you contract around an ordinance”. An
example would be, there is an ordinance that prohibits murdering another person, but he goes to the Governor and
enters into a contract to murder someone, of course, you can’t do this. He said you can create contracts and
ordinances that comply with the constitution and you can create contracts that comply with the ordinances, but you
cannot contract around an ordinance or statute. Councilmember Slack said you have to have a final plat and a
development agreement, prior to commencing that construction. Another issue is that the City has to have approved
improvement drawings, prior to the issuance of any building permits. We are left with two options; re-platting that
area, or obtaining a guarantee in the form of a performance bond. Scott said for the new ones this ordinance came
about, because of the situation in the Cottages Subdivision with one bad developer. Councilmember Kirkham said
this ordinance is in place to protect the person who moves into the development and that’s the person who buys a
home in good faith, believes the person is trustworthy, and then find out their sidewalks don’t connect, the streets
are falling in, there is no effective storm water drainage, and their home isn’t worth anything. She just can’t
knowingly violate the law.
Jay Johnson, 2125 Cabellaro Drive said he feels this came under the ordinance before the ordinance
was passed. This development agreement was signed, before the ordinance went into effect. The dates that Brent
has shows the development agreement was approved, before the ordinance went into place. Lance said this is also
with improvement drawings being approved. He also mentioned that in general, he has had difficulty tracking down
previous improvement drawings. Councilmember Slack said in the banking world, if he waives a covenant for a
person he has a loan with and he does that multiple times, he has a difficulty of requiring another person to follow
the covenant later on down the road, because they have established a mode of operation. The difficult part is where
plats are actually looked at and did Council actually give verbal approval.
Lance said when he talked with Bill Manwill he said he couldn’t give an approval without the bridge
design, and the bridge wasn’t designed until this year. Councilmember Powell asked Brent about the Development
Agreement that was signed in Aug 2006 and recorded when the first building permit was pulled. Brent said they
have been denied and in 2007 they were told they couldn’t have a permit until the bridge was in and connected (by
paving the intervening unfinished portion of the street) to the existing paved street. Councilmember Slack asked the
Council if they have information that says a permit would not be given without the bridge being completed; now
let’s say you could go forward, just what is the difference between Eagle Point and Woodland Hills, and where both
final plats were recorded after the ordinance was passed. Councilmember Kirkham said the final plat was
approved just after the ordinance. She asked why Eagle Pointe is pulling permits. Ron said considering the fact it
was two weeks later, the staff would have been told to allow permits to be pulled. Jay said it was normal to wait
until after January 1st to have the plat recorded to help with the taxes. Councilmember Kirkham said you cannot
start to build without the final plat. This is where she is hung up on this, because if he had recorded the final plat
before the ordinance, she would say go ahead and get your building permit, but the final plat came after the
ordinance. Scott would say because of Section D of the development agreement, you have to be in compliance with
the ordinance when you start building. Ron said in response to Eagle Point, this is a standard procedure and just
because we find a place that it is violated doesn’t justify continuing to allow the violations. Jay said the ordinance
says the sidewalks shall be installed, prior to issuance of a certificate of occupation. It is inferring the sidewalk is
not already in there or you wouldn’t have to worry about that for a certificate of occupancy. He feels this paragraph
is where the leeway is at.
Councilmember Kirkham said this just addresses the sidewalks and it doesn’t address issuing a
building permit. Councilmember Kirkham said all the infrastructure has to be in. She doesn’t see any way around
it, except re-platting. Jay said the County Assessor has let the land go back into farmland status for tax purposes.
Lance said it isn’t because of interpretation, since the bridge isn’t done and there are no improvement drawings that
have been approved. Councilmember Powell asked what it will take to approve them. Lance said the sidewalks,
chip sealing, and the bridge. Lance is not opposed to phasing construction, but the difficulty in most areas is that
you end up with dead end water lines, but that cannot happen here since the water lines are already in. His problem
Council Minutes 11-4-10 Page 6 of 10
is uncontrollable chaos that ensues when you don’t follow the rules. Ron said you build a community with
sidewalks.
Greg Hansen, 5699 Veil Drive said you can bond the sidewalks and you can do it one at a time. The
ordinance says you can bond to make sure all the sidewalks are put in place, before the subdivision is complete. It is
a nuisance and an added expense to put in the sidewalks, before we can construct a home. That’s why the City of
Idaho Falls, the County, Pocatello City, and Chubbuck don’t require it. Lance said Twin Falls does require it. Greg
said our surrounding areas don’t require it. Councilmember Kirkham said none of the infrastructure has to be put in,
you just have to bond for it. Councilmember Slack asked what the cost of the bond was. Brent said it is approx.
$30,000 per year and feels this is money thrown away. Councilmember Powell said Section B has a list of
everything needed including sidewalks, but he asked why we have another sentence added that says sidewalks shall
be installed prior to certificate of occupancy. Councilmember Kirkham said that was due to Cottages, where maybe
the developer gets away with it, but the homeowner can’t. He asked why the sidewalks couldn’t be phased in. Ron
said the City does not record the plat. The Development Agreement and water assessment transfers at the same
time. Councilmember Kirkham said this is a letter of the law issue and the way she interprets the law is that you had
to have the improvement drawings and the final plat recorded before you can pull a building permit. This was well
after the ordinance and she doesn’t see any way around it without knowingly violating the law.
Councilmember Slack said he can’t imagine re-platting a subdivision can be that difficult or more
than a couple of thousand of dollars. Brent said partof the issue is the cost of the sidewalks with the new laws. Ron
said from staff’s perspective he feels they should amend the plat. Councilmember Kirkham said they don’t want to
pay to re-plat, then they will have to bare the expense of putting in the sidewalks.
Tom Hunsaker, 2925 Carolyn Lane said if someone had an application into the City before the
bonding requirement went into effect, does the bonding requirement apply to that application. Scott said the
Development Agreement (DA) is specific in stating that the developer will comply with all City requirements in
effect, at the time of construction is commenced, on each said lot. If you have 90 lots and they aren’t developed
and the ordinance has changed two or three times, you will still have to comply with the current ordinance when you
go to build. Brent asked how Bridgewater has been doing it. Ron said any developments approved after the
bonding ordinance was passed are subject to the new law. Ron said this includes Hawks Landing and Bridgewater 3
and 4, which haven’t developed. Lance said they will be required to comply within these divisions. Lance said the
other lots had approved improvement drawings for the subdivision and therefor will be grandfathered.
Councilmember Powell asked how many homes they could build in the next year. Brent said probably three. He is
competing with foreclosures that are $40,000 less than a new home. Jay said with the chip seal they don’t always
have a choice after HK finishes for the season. Lance said the City would allow a seasonal adjustment on chip seal.
Councilmember Coletti said this DA says which ordinance is applicable. Scott said comply with the ordinance and
with the agreements. If the Council wants to amend the ordinance, then you can amend it. Councilmember Slack
commented the reason for the current ordinance is so that we don’t end up with sidewalks separated by stretches of
dirt that has to be walked around. What if you have an ordinance that says you have to have sidewalks before the
C/O with stronger language towards certain developers? Councilmember Kirkham said you can’t discriminate.
Scott said you would have to use language such as “sidewalk can be put in on a lot by lot basis until either two years
after the beginning of development or 50% of the lots are built on, then the balance has to be installed”, but your
problem is you have an ordinance in existence today that states what you have to do. Councilmember Kirkham said
the Ordinance trumps the Development Agreement. Mayor Fuhriman said you are looking at developing three to
four lots in the next six months. You separate six lots and turn it into Phase 1 of the subdivision. Lance said this
might work on this subdivision, because the water lines are in. Scott said it makes more sense to amend the
ordinance to a certain percentage by a time certain and then the City can shut down the development.
Councilmember Powell asked about Quail Ridge. Lance said the improvement drawings for the subdivision were
approved. Scott said the City didn’t have a sidewalk ordinance, since the improvement drawings didn’t show them.
Tom Hunsaker, 2935 South Ammon Road said he was on P&Z when Quail Ridge was approved and the
ordinance required 5 feet wide sidewalks on both sides of the street, but the developer requested sidewalks on only
one side and this request was approved.
Councilmember Slack is in favor of looking at the sidewalk ordinance for a percentage of completion.
Brent would like it at 75% of completion and then the last 25% has to be completed. Scott said that would work, if
you were building in a wild flurry. Ron said if every house that was built last year throughout the entire City had
been built in that subdivision, you would have two years worth of lots. Scott said in the past the ordinance read that
we had a lien against the remaining lots and the problem came the further they built out the smaller the funds were
Council Minutes 11-4-10 Page 7 of 10
to finish the development. Scott said the County changed their ordinance to match almost identically to Ammon’s.
Lance said having sidewalks helps with marketing. Councilmember Kirkham said the problem is District 93 comes
in and says we want to build, but there are no sidewalks.
Councilmember Slack motioned to table Rockwell’s Development Appeal of Staff’s Denial of
Building Permit in Woodland Hills, Division #6 and move to a work session next week. Councilmember Powell
seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Thompson
– Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed.
Scott said you have to be cautious and not think in short terms. When building in the City starts up again,
then there are issues come back from the past. Councilmember Slack said the biggest concerns are not forcing
people to walk through mud when they go down the street. Scott said you are trying to help, but you will be right
back where you used to be. If everyone had seen the future, they would have used smaller plats. Lance said the
Council had a frank discussion with Jeff Hawks as to how many he platted and he was asked if he wanted to do that
many lots per division and he said yes.
4. Change Order 3 – SCADA Building (Lance)*:
Lance said this is to get the primary service to the
building. The pole was set by Rocky Mountain Power and they underestimated the amount of conduit by 235 feet.
The 2” conduit was primarily to provide phone service, which had to be put back in. In the original structural
designs there were some uplift structural numbers that were not calculated and when the trusses were being built
some uplift bridging was needed. Council asked Lance if he was ok with this. Lance said yes. There have been
several other items that have been eliminated and they are keeping everything at a bare minimum.
Councilmember Slack motioned to approve Change Order 3 – SCADA Building and authorize the Mayor
to sign it. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell
– Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti - Yes. The
motion passed.
DISCUSSION ITEMS:
1. Notification Time before Charging Metered Rate - 30 or 60 days (Leslie):
Council said 60 days.
Lance asked what the notification process is and if it should be certified. Council said this is not for residential,
since they aren’t being read at this time. When we meter residential, then the City will send out a blanket
notification. This affects commercial now and in particular, existing businesses that have a meter that has not been
read and the City is starting to read it. Leslie clarified that this is also for the businesses that have not had a meter
and the City installs one. Council concurred. Scott said if mailing their bill is good enough, then mailing the notice
is good enough. Scott said send the notice in with their bill. Council said if you are going to read the meter, then
give notice. Council concurred. Leslie said when the tower goes live then we can put the notice in the bills stating
the meters will be read. Scott said the note should say for the residential homes that we are going to keep track of
the usage, but not bill for the usage.
Tom Hunsaker, 2935 S. Ammon Road recommended to have the notice show the gallons used, but not
billed. Scott said the letter could say the cost, at this time, is so much per gallon and the customers can calculate for
themselves how much this water would have cost.
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2. Change Work Session Date - November 11 (Veterans Day) (Leslie):
Council decided that those
members of staff that need to be at the work session will work this day and take the next day off. Ron said Jeff with
the sports area will be here from SLC.
3. Water Rights Transfer Report (Ron):
Ron said Council asked him to find out from Roger what
happened with Quail Ridge. Roger told him the City had a total of 56.069 lot acres transferred for a total of 78.136
total acres of water rights, which was 46% of the total water rights available with 59 people signing over the water
rights, which is higher than Roger expected. The majority came from gift deeds, but there was a portion from
streets.
Council Minutes 11-4-10 Page 8 of 10
4. Letter on October 14, 2010 Work Session (Ron/Scott)*:
Leslie said this is the letter that will go
along with the meeting minutes to Lennis and wants to be sure Council is ok with the letter. Scott has reviewed the
letter and the minutes. Leslie advised the minutes are almost verbatim. Council is ok with the letter.
5. Misc.:
Lance said in Quail Ridge there was a homeowner who had been complaining of low pressure
and the City dug up the yard. The meter pit was approx. 4 feet under the ground with three inches of concrete over
the top of it. Once it was found, the pressure was tested and it was great, so somewhere beyond the meter pit there
was a problem. The guys went into the house with the request of the homeowner and there was a ¾ inch water line
feeding a manifold with 26 connections off of it. Lance said the City is providing good pressure throughout the
house and he is concerned that the City has now dug up the yard and what does he do now. Councilmember
Kirkham said it has cost the City $2500, so does the City bill them? Ray said there were a lot of rocks in the faucets.
Lance asked do we bring the meter pit up to the surface. Councilmember Powell said to build it up the way it needs
to be. Lance said the problem wasn’t the City’s. Leslie said this is eating up his budget and he has huge issues in
Old Ammon with the infrastructure he will need the budget for. Councilmember Thompson said the rules say the
City should be able to get to the meter pit. This was intentionally putting concrete over the top of the pit followed
by 4 feet of soil. Councilmember Kirkham said the City advised him that the City couldn’t find the meter pit. The
resident was persistent that it was the City’s problem. Lance said in the issue of a force turn off, the City can bill
them. This was an issue where the City had to prove it wasn’t the City’s problem. Councilmember Coletti said if
they hired someone to fix this; they would have to pay for it. Leslie asked the crew if there were two lines and they
couldn’t find another one. We have had issues in this area with illegal hookups. Council said to send him a bill.
Council said to raise the meter pit up for the City’s future issues. Lance will bring it up to ground level and fill it
with dirt, but the landscaping will be up to the homeowner. Council said ok. Scott said he called him stating there
was a problem with the water pressure and Scott said to go talk to Lance. Council said to advise people in the future
that it will be their expense, if it is found not to be the City’s fault.
Councilmember Slack gave the Council two updates. The sponsorship levels have been drafted for
Ammon Days. Second, the parks department is going to calculate the employees for 8 ½ hours clocking in the
morning and evening with a half hour subtracted for the lunch hour. Ron said Ray might also go to this time
keeping system.
Councilmember Thompson asked about the ordinance concerning the meter pits and what is required.
Ron said it is being worked on and should be presented before the end of the year. Lance said the meter pits are
being inspected better today, than in the past.
Councilmember Kirkham reported on the meeting with the School District concerning the IBSD
easement. Dr. Shackett and Craig Lords aren’t opposed to the direction around the modulars, but they wanted the
City to explore every option before proceeding this way, since it will cut off their growth. Craig had asked about
another route and Lance is looking into it with the costs and options. Lance said the route that Scott presented
gravity flows by 1/100 of a foot over a length of 10,000 feet. The District has been willing to grant us an easement
through the parking lot in the front of the school down to Sunnyside and then West. They would even allow an
easement through the drainage field. Lance said the bare minimum effect to the high school is going through the
original route. Councilmember Kirkham said the school isn’t having a problem with the 600 feet distance, it is
Idaho Falls and IBSD who says it can only be 300 feet between manholes. Lance said they already have manholes
in this area. Scott said the practice field did work.
Councilmember Powell said he was at Eagle Pointe Park and there are stakes along the walking path
that are slanting into the path. Councilmember Powell asked Councilmember Slack to talk with Ken about marking
them better for the constituents.
Councilmember Powell said he talked with Adam Serr for homeowner fees and he agreed that the retention
pond shouldn’t be on the bill. We will pay on the lot we own going forward, but not the arrears, since we actually
took the lot to fix the drainage area to fix Quail Ridge. Councilmember Powell will tell Adam to send a new bill
from the date we took over the lot.
Councilmember Coletti said he had the EITC agreement and would like information from everyone.
He would like the Council to sponsor, as individuals, EITC for one student at the college. He would like to know
what basic requirements they would like. Examples would be what to name it, based on what criteria, what GPA
and other basic requirements. Councilmember Powell said they must live in the City of Ammon. Melissa Bean said
Council Minutes 11-4-10 Page 9 of 10
you could give it to any graduating student who lives in Ammon. Councilmember Coletti likes the foundation
handling the funds. Councilmember Slack said school staff goes through students’ GPA’s and rates them. The
scholarships are awarded to the top candidates. Should the recipient maintain the GPA or lose it? Council asked
about the elderly that are going back to school. Council liked maintaining a 3.0 GPA for the second semester. The
Council would like the name of the scholarship as the Ammon City Council Scholarship. Councilmember Powell
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said maybe put it in the newsletter, in case, anyone else wants to contribute. The money will be needed by Feb. 15
and it is totally voluntary. He would like to get to $2000, if possible. Scott asked if when a contribution is made, is
it tax deductible? Council is unsure and discussed options to get the money to the fund.
Jill Miller, 398 Advantage said she has worked with various scholarship foundations for their school.
She asked who the foundation is. Councilmember Slack said it is the EITC Foundation. Does the Council just want
to do it through EITC? Councilmember Slack said there are two reasons, since it is easy with the administration and
he is on their board. She suggested the City check into and if it comes from the City there are a lot more non-
discrimination rules. Be careful how you advertise this. Council said the foundation will determine who gets the
scholarship. Councilmember Slack said there are zero overhead costs, which is why he likes it. Councilmember
Coletti said EITC is the closest college next to Ammon. Councilmember Kirkham said it’s better to defer the check,
but you won’t receive the deduction.
Leslie explained that Public Work employees went over to Caterpillar for a luncheon and Jason won
the top prize, which was valued at $1200 for a tailgate party package. She checked it out to see if it was legal for
him to accept. It depends on if he has any abilities to make designation of contracts or purchases. In this case, when
they buy from Caterpillar it is for parts that they can only buy from Caterpillar. Any equipment purchases are
determined by Lance and Ray and Jason has no control over it either. She feels that he may keep his prize, but
wanted to confirm that Council is ok with this. Council is ok.
Mayor Fuhriman asked if the Council had any problem with Dwight Whitaker coming in to talk to the
employees about contributing to United Way. Council said how you can stop everyone else from coming in, if we
allow him to. Scott said for him to put in a flyer for the donation, but not take the time. He is concerned that the
City has to be careful as to how to spend an employee’s time. Council agreed that a flyer will be ok, but not taking
the employee’s time separately.
EXECUTIVE SESSION:
1. Personnel Evaluations - Idaho Code 67-2345 (1-b)
2. Real Property Acquisitions - Idaho Code 67-2345 (1-c)
3. Pending Litigation - Idaho Code 67-2345 (1-f)
Councilmember Thompson motioned to adjourn to executive session pursuant to Idaho Code 67-2345
(1-b) for personnel matters. Councilmember Coletti seconded. Roll Call Vote: Councilmember Thompson – Yes,
Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, and Councilmember
Kirkham – Yes. The motion passed.
The meeting adjourned at 10:13 p.m.
_____________________________________
Steve Fuhriman, Mayor
__________________________________
Leslie Folsom, City Clerk
Council Minutes 11-4-10 Page 10 of 10