08182011CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, AUGUST 18, 2011
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, AUGUST 18, 2011 – 7:00 P.M.
CALL TO ORDER:
Councilmember Kirkham at 7:00 p.m.
Pledge of Allegiance – Councilmember Bean
Prayer – Councilmember Powell
MINUTES:
May 19, May 25, June 2, July 14, July 21, 2011*
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License*
3 Frogs Curbside Recycling – Proposal (Ron)
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
PUBLIC HEARINGS:
2011-011 Annual Appropriations/Budget*
ACTION ITEMS:
1.Ord. #507 Annual Appropriation FY 2011 - 2012 Budget (Jennifer)*
2.Conditional Use Permit – Monticello Montessori – to allow limited animals as part of the educational curriculum.*
3.Rezone Request R1-A to R2-A – Gary Lattimore – Trailwood Village – Division 9, Block 6, Lot 30*
4.Authorization to purchase Zipper*
5.Woodland Hills – Amendment to Engineering Services Contract (Lance)*
AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board):
CONSENT AGENDA:
Accounts Payable – Exhibit A
PUBLIC HEARINGS:
2011-012 Ammon Lighting District #1Annual Appropriations/Budget (Jennifer)*
ACTION ITEMS:
1.Ord. #101 Ammon Lighting District #1 - Annual Appropriation FY 2011-2012 Budget (Jennifer)*
DISCUSSION ITEMS:
1.Park Hours
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:
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Brian Powell
Councilmember Rex Thompson
Councilmember Sean Coletti
City Attorney Scott Hall
City Clerk /Administrator / Planning Director Ron Folsom
Deputy City Clerk Rachael Brown
City Treasurer Jennifer Belfield
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City Engineer Lance Bates
City Officials Absent:
Mayor Steve Fuhriman
Councilmember Russell Slack
CALL TO ORDER:
Councilmember Kirkham opened the meeting at 7:00 p.m. at the City Hall Building located at 2135 South
Ammon Road in the Mayor’s absence. Councilmember Bean led the Pledge of Allegiance. Councilmember Powell led the prayer.
MINUTES:
May 19: Councilmember Powell moved to approve the minutes of May 19th, as presented. Councilmember
Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes,
Councilmember Kirkham – Yes, and Councilmember Bean – Abstain (absent). The motion passed.
May 25: Councilmember Powell moved to approve the minutes of May 25th, as presented. Councilmember Kirkham
seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes,
Councilmember Coletti – Yes, and Councilmember Bean – Yes. The motion passed.
June 2: Councilmember Powell moved to approve the minutes of June 2nd, as presented. Councilmember Coletti seconded.
Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes, Councilmember
Thompson – Yes, and Councilmember Kirkham – Abstain (absent). The motion passed.
July 14: Rachael informed Council of a typo that had been corrected. Councilmember Coletti moved to approve the minutes
of July 14th, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember
Thompson – Yes, Councilmember Bean – Yes, Councilmember Kirkham – Yes, and Councilmember Powell – Abstain absent. The
motion passed.
July 21: Councilmember Coletti moved to approve the minutes of July 21st, as presented. Councilmember Bean seconded.
Roll Call Vote: Councilmember Coletti – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember
Powell – Abstain absent, and Councilmember Kirkham – Abstain (absent). The motion passed.
ITEMS FROM MAYOR:
None
CONSENT AGENDA: 3 Frogs Curbside Recycling – Proposal (Ron):
Ron explained to the Council that this was a
business license he felt was a little out of the ordinary, and he had invited the business owner to show the Council a PowerPoint
presentation for 3 Frogs Curbside Recycling.
Michael Riders, 4632 Serenity Lane, addressed the Council about his proposed recycling business. Michael explained that,
the business would be for curbside recycling. The business will sell residents a container with a lid for their recyclables, and said the
containers will be clearly marked. Michael explained to the Council about the items he will not be picking up. Councilmember Bean
said he had never recycled until his daughter came home from college and stayed with him. He said he was amazed at the amount of
trash they created and he would definitely pay $10 per month for a recycling service. Councilmember Powell asked Ron if this license
would fall under the category of an Itinerant Merchant License and require an identification badge. Ron said the business would
require a Mobile Vendor license. Councilmember Kirkham asked Michael if he felt $10 per month would cover his expenses. Michael
said the $10.00 fee is not firm as of yet, he has very little operating costs other than gas, and thought he would collect most of the
amount needed to cover his overhead from selling the recyclables. Councilmember Kirkham felt the business was a good thing.
Councilmember Coletti asked if Michael had filed his paperwork with the secretary of State. Michael said he had not, because he was
waiting to see if the City would approve his business. Councilmember Bean said he had no problem issuing the license after they
obtain a Federal identification number.
Business License*: Councilmember Bean moved to approve the Business License Consent Agenda as presented.
Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember
Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed.
Accounts Payable – Exhibit A: Councilmember Powell asked about the Rocky Mountain Power Bill voucher that
showed an amount being posted and then removed. Jennifer explained that an amount had been entered incorrectly and removed, then
entered correctly so there would be just the one charge. Councilmember Bean moved to approve the Accounts Payable – Exhibit A as
presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes,
Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
Jennifer asked the Council for their approval to print the Health Reimbursement
Accounts (HRA) checks when she processed the employee payroll checks. The Council gave Jennifer their approval.
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PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
None
PUBLIC HEARINGS:
2011-011 Annual Appropriations/Budget*: Councilmember Kirkham opened the public hearing and
explained the public hearing procedure to the public. There was no public comment, and no written comments were received.
Councilmember Thompson informed Jennifer of a clerical error in the budget. Jennifer said as she was preparing the
budget she realized the City would need to go into reserves in this fiscal year, and that the City did opt to do the 3% on property taxes.
Jennifer also informed the Council that in the past, sanitation has been just one fund, but this last year she has broken it into two
separate funds. Jennifer said the amount missing from the published budget was the $370,000 for residential sanitation expenditures.
Scott told the Council they would either have to re-publish, or they could open the budget later in the year. Councilmember Kirkham
said she would rather re-publish. Jennifer said the City does have enough time to re-publish notice of the budget hearing the twotimes
required by State statute. Discussion ensued about the dates of republishing and when to schedule the next hearing for the budget.
Councilmember Kirkham closed the public hearing.
ACTION ITEMS:
1. Ord. #507 Annual Appropriation FY 2011 - 2012 Budget (Jennifer)*:
Councilmember Bean moved to table
Ordinance #507 Annual Appropriation FY 2011-2012 Budget until September 1, 2011. Councilmember Powell seconded. Roll Call
Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes,
and Councilmember Thompson – Yes. The motion passed.
2. Conditional Use Permit – Monticello Montessori – to allow limited animals as part of the educational curriculum.*:
Ron explained to the Council that Monticello Montessori School had shown a PowerPoint presentation at the Planning and
Zoning meeting, and he would make that available for the Council if they would like to see it. Councilmember Kirkham asked Ron
what the finding was at Planning and Zoning. Ron said all were in favor except Tom Hunsaker who voted against the motion to
approve the Conditional Use Permit (CUP) because it included a time limit. Councilmember Kirkham said her fear in not setting a
time limit is that it could go unchecked, and there is a possibility of problems the Council would not be aware of. Discussion ensued
regarding the specifics of the animals. Councilmember Powell moved to approve the Conditional Use Permit – Monticello Montessori
– to allow limited animals as part of the educational curriculum limited to six chickens, three adult goats, and one horse for two years.
Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember
Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
3. Rezone Request R1-A to R2-A – Gary Lattimore – Trailwood Village – Division 9, Block 6, Lot 30*:
Ron
explained the rezone request to the Council and went over the history of the lot. Ron informed the Council that the City had received
one letter in opposition. Ron said the Planning & Zoning Commission’s recommendation was to deny this request. Ron informed the
Council of the reason given by each of the Planning & Zoning members who voted against the request. Councilmember Bean asked if,
the property was economically undevelopable. Ron said the developers would say it is undevelopable, because the lot is considered
too big by anyone interested in purchasing a townhome. Councilmember Bean said his biggest concern is there is a piece of property
that economically can’t be developed.
Tom Hunsaker, Planning & Zoning, 2135 South Ammon Road, said one of the things he had envisioned was a daycare or very
small business for this lot. Councilmember Kirkham asked Tom if the neighbors would rather have a business, or a 4-plex. Tom said
they indicated they were not happy with any business use or any two-story residential use, but they liked one story residences.
Councilmember Bean said he doesn’t think anyone would like to see a business put in the middle of a residential area. Ron said the
Council could change the lot to an R-2 zone, which would allow four attached townhomes. Ron said changing the property to an R-2
would allow them to still build townhouses in the same number as they are allowed now, but without the current frontage restriction.
Councilmember Bean would like to find a way to make the lot economically developable.
st
Dean Mortimer, 7403 South 1 East, Idaho Falls, said economically a 4-unit building is far better than a 2-unit building. He said
there had been some suggestion in the Planning and Zoning meeting, that they do six, meaning three low-rise twin homes. He felt that
suggestion makes the property developable. Councilmember Kirkham asked what the reaction was to six. Dean said the objection was
concern about being able to keep a low rise facility in that space, and that rentals are also a concern. Councilmember Kirkham said
that any way you look at it, there are going to be rentals. Councilmember Thompson said he doesn’t see any evidence as to why the
Council should reverse the decision made the last time this property was brought before the Council. He said when a property includes
two different zones (which this lot once did), the ordinance requires the City go with the lesser zone, and said twin homes aren’t as
popular as they once were. Dean said the one difference is, at that time, there was an option of a daycare on the property, but that
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option was taken away. Ron said the R-2A zone would have allowed for a daycare at that time, but not the R-1A zone, and because it
was split zoned the City wouldn’t have allowed for daycare on that size lot.
Councilmember Bean wanted to set a date for another public hearing. Discussion ensued regarding R1-A & R2-A zones.
Councilmember Bean said if they put in three attached townhomes, it still puts a buffer there and makes it more economically
developable. Councilmember Kirkham said she agrees with Councilmember Bean. Councilmember Thompson asked Councilmember
Kirkham what had changed in her mind since the last Council decision. Councilmember Kirkham said Councilmember Thompson was
right; nothing much has changed other than the economy. Councilmember Kirkham asked Ron to put the original decision into
SharePoint.
Councilmember Bean moved to table the Rezone Request R1-A to R2-A – Gary Lattimore – Trailwood Village – Division 9,
Block 6, Lot 30 and schedule it for a public hearing for September 15, 2011. Councilmember Powell seconded. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and
Councilmember Kirkham – Yes. The motion passed.
4. Authorization to purchase Zipper*:
Ron explained to the Council that because the City has to publish for 14 days, he
would like the authorization for the Mayor to sign the authorization at the end of the 14 days. Scott added that the Council had already
declared the Asphalt Zipper Manufacturer as the sole source manufacturer.
Councilmember Coletti moved to approve the Authorization to purchase the Asphalt Zipper, and to authorize the Mayor to
sign. Councilmember Powell seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember
Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
5. Woodland Hills – Amendment to Engineering Services Contract (Lance)*:
Lance explained this is an additional
amendment to the existing contract to do the design work at the Woodland Hills interceptor. Councilmember Powell asked how soon
the Council would need to make a decision. Lance said if the Council wants the design to be done and change ordered into the
Segment C project, a decision would need to happen quickly.
Husk Crowther, Forsgren and Associates explained to the Council that the change order will add 30 days to the Contractors
contract. Councilmember Powell asked why it would be cheaper to do it now instead of next year. Husk said he has a good bid from
the contractor and they had indicated they would hold the prices. Husk said if the City waited the mobilization component would have
to be paid for again, but here we just extend the quantities. Councilmember Kirkham asked if there is time to wait for the Judicial
Confirmation decision. Husk said Stephanie contacted him and he was told the decision will be made the first part of September.
Councilmember Bean suggested since the design portion had to be done anyway, that the City go ahead and get the design done.
Councilmember Powell moved to amend the Engineering Service Contract to do the design for the Woodland Hills Line, not
to exceed $80,000. Councilmember Bean seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Bean – Yes,
Councilmember Coletti – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson– Yes. The motion passed.
AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board):
Councilmember Kirkham moved
the meeting into session of the Lighting District, with the Council acting as the Lighting District Board.
CONSENT AGENDA:
Accounts Payable – Exhibit A:Councilmember Bean moved to approve the Accounts Payable –
Exhibit A as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Coletti – Yes,
Councilmember Powell – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed.
PUBLIC HEARINGS:2011-012 Ammon Lighting District #1Annual Appropriations/Budget (Jennifer)*:
Councilmember Kirkham opened the public hearing and explained the hearing process. There was no public comment, and
no written comment was received.
Councilmember Kirkham closed the public hearing
ACTION ITEMS:
1. Ord. #101 Ammon Lighting District #1 - Annual Appropriation FY 2011-2012 Budget (Jennifer)*:
Councilmember Coletti read Ordinance #101: AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 APPROPRIATING THE SUM OF $3,193 TO DEFRAY THE
EXPENSES AND LIABILITIES OF THE AMMON LIGHTING DISTRICT #1, AMMON, IDAHO FOR SAID FISCAL YEAR;
AUTHORIZING AN ASSESSMENT UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES
FOR WHICH SAID APPROPRIATION IS MADE.
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Councilmember Coletti moved that the Board of Directors of the Ammon Lighting District #1, dispense with the rule
requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Powell seconded.
Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean
– Yes, and Councilmember Thompson – Yes. The motion passed.
Councilmember Coletti read Ordinance #101: AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 APPROPRIATING THE SUM OF $3,193 TO
DEFRAY THE EXPENSES AND LIABILITIES OF THE AMMON LIGHTING DISTRICT #1, AMMON, IDAHO FOR SAID
FISCAL YEAR; AUTHORIZING AN ASSESSMENT UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS
AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE.
Councilmember Coletti moved the adoption of Ordinance #101 as an ordinance of the Ammon Lighting District #1 on its
third and final reading. Councilmember Powell seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell –
Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
Councilmember Kirkham moved the meeting out of the session of the Lighting District, and back into Regular Session.
DISCUSSION ITEMS:
1. Park Hours:
Ron said he has had several calls this summer regarding Eagle Point and Petersen Park about people
being in the parks late at night playing radios, and sitting in their cars. Ron said because the City does not have the park hours posted
or adopted, the police officers feel they have no authority to make the people leave. Scott mentioned there is a curfew ordinance.
Councilmember Kirkham asked Councilmember Coletti to contact the Sheriff’s office and inform them of the City’s curfew
ordinance. Ron said he would like the City to adopt an ordinance to post signs with the Park hours. Scott suggested an article in the
next newsletter regarding this issue.
Ron also informed the Council about a gentleman asking about garage sales. Ron read the definition in the ordinance regarding garage
sales and how often citizens are allowed to have them. Ron said the issues are people having more garage sales than they are supposed
to. Ron suggested changing the language to say shall not be held for a period of more than three consecutive days and no resident shall
host more than two garage sales during any six month period. Council was fine with the proposed changes Ron suggested.
Lance updated the Council regarding the sewer lines, and said HK Contractors should be finished at the School property by
next Friday.
Councilmember Thompson said he read previous minutes stating that the City of Idaho Falls did not want to renew the sewer
contract when the contract is up. Councilmember Kirkham said her understanding was the City of Idaho Falls didn’t say they wouldn’t
renew the contract, but they would need to amend it. Councilmember Kirkham and Mayor Steve Fuhriman will be meeting with
Mayor Jared Fuhriman.
Councilmember Thompson suggested increasing the spaces for vendors to 11x11 instead of 10x10 for Ammon Days next
year. Councilmember Coletti said he didn’t think they were measured very well.
Councilmember Thompson asked if the Tie Breaker water tank project was complete, because he was concerned about the
amount of weeds. Ray said the weeds have been sprayed but have not been cut down.
Councilmember Kirkham asked if anyone knew who spoke with Kelly Landon with Landon Excavation regarding not getting
paid for the excavation at the SCADA Building. Lance said the City had already paid Barry Hays Construction who should have paid
Landon Excavation. Councilmember Kirkham said Kelly has not been paid, and they would like to know who the Bond Agent is so
they can file a lien. Lance will get the Bond Agent information.
Councilmember Powell informed Ray that in front of the pump house there is a cap that keeps getting flipped up and is
sticking up in the road. Ray said he has ordered some locking caps. Councilmember Powell presented the Ammon Promotion video to
the Councilmembers. Councilmember Coletti inquired about using the City Logo at the beginning of the Video. Councilmember
Powell said he could do that, and he also wanted to add information about the Broadband Fiber. Councilmember Powell asked if there
was any input of other locations to shoot. Discussion ensued regarding possible locations to shoot for the video. Councilmember
Thompson suggested kids playing on the swings, Councilmember Kirkham suggested the new SCADA building and Councilmember
Coletti suggested including other business signs in the area. Councilmember Powell requested any video footage or photos the Council
or staff may have to add. Discussion ensued regarding where the video would be available. Councilmember Bean asked Scott if there
was a liability problem since there are pictures of children on the video. Councilmember Powell said every person filmed was
informed they were shooting an Ammon Promotional Video.
EXECUTIVE SESSION:
1. Personnel Evaluations - Idaho Code 67-2345 (1-b)
2. Real Property Acquisitions - Idaho Code 67-2345 (1-c)
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3. Pending Litigation - Idaho Code 67-2345 (1-f)
Councilmember Kirkham moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1-b). Councilmember
Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes,
Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed.
The meeting adjourned at 8:40 p.m.
___________________________________________
Mayor, Steven Fuhriman
_______________________________________________
City Clerk, Ron Folsom
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