02192009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, FEBRUARY 19, 2009
AGENDA
: CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AMENDED
AGENDA
THURSDAY, FEBRUARY 19, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Kirkham
Prayer – Councilmember Waite
MINUTES:
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
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1.S. 45E. Transmission Lines – Notice to Proceed (Jeff Freiberg/Lance)
2.Annexation and Initial Zoning – Dist 93 and John Empey
3.Conditional Use Permit – Dist 93
4.Preliminary Plat – Mountain Valley Estates – Division #2
5.Final Plat – Mountain Valley Estates – Division #2
6.Resolution 2009-002 - Parks Sprinkler Policy (Ron)
7.Under $100 - City Telephone Sale to District 91 (Patterson)
DISCUSSION ITEMS:
1.Garbage Can Procedure Approval (Ray/Lance)
2.Misc.
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Brian Powell
Councilmember Randy Waite
Councilmember Rex Thompson
City Attorney Scott Hall
City Clerk Leslie Folsom
City Treasurer Jennifer Belfield
City Planning Director Ron Folsom
City Engineer Lance Bates
City Officials Absent:
Councilmember D. Ray Ellis
Mayor Ard opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South Ammon Road.
Councilmember Kirkham led the Pledge of Allegiance and Councilmember Waite offered a prayer.
Council Minutes 2-19-09 Page 1 of 5
MINUTES:
None
ITEMS FROM MAYOR:
None
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday February 19, 2009
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.AARP Tax Service – Free Tax Service – 939 S. 25 E. Suite #101/102
2.RENEWALBUSINESS LICENSE APPLICATION:
A.Speech and Language Clinic @ Mountain View – Pediatric Therapy – 1619 Curlew #5
B.Perry, Jann – Kennel License – 3022 Fennec Lane
HOME OCCUPATION PERMITS:
1.NEW HOME OCCUPATION PERMITS:
A.Decked Out Fashion Jewelry/Duvall, Robin – E-Commerce – 2325 Fieldstone Drive
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Pendergraft, Dean Lee – Bartender /Firehouse Grill – 2891 S. 25 E.
2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Anderson, Scott Wade – Bartender/Firehouse Grill – 2891 S. 25 E.
Business License:
Councilmember Kirkham motioned to accept the business license consent agenda
as presented. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham– Yes, Councilmember
Waite – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, and Councilmember Thompson– Yes.
The motion passed.
Accounts Payable – Exhibit A:
Councilmember Kirkham asked Leslie how the purchases are made
at Staples and Sam's. Leslie explained that she has a list the employees put their needs on and she gets separate
receipts for each department. She does this approx. every other week. Councilmember Kirkham asked Ron about
the floodplain. Ron stated Lance went to a meeting with 9 or 10 different proposals. The one they like the best is
almost the cheapest at 15 million dollars. Councilmember Bean asked Lance about the sewer project and how we
keep track of the expenditures. Lance said he has been keeping a spreadsheet of all the costs which has been
verified by Rocky Mountain Engineering.
Councilmember Bean motioned to accept the accounts payable consent agenda as presented.
Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Waite – Yes. The motion
passed.
ITEMS FOR/FROM TREASURER:
Jennifer advised the council that the new financials are available.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
ACTION ITEMS:
Council Minutes 2-19-09 Page 2 of 5
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1. S. 45E. Transmission Lines – Notice to Proceed (Jeff Freiberg/Lance):
Lance wanted
Council’s approval for the notice to proceed and allow the mayor to sign.
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Councilmember Kirkham motioned to direct Sommer Construction to proceed on 45 E. Transmission
Lines. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell
– Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The
motion passed.
2. Annexation and Initial Zoning – Dist 93 and John Empey:
Ron explained the only portion of the
land that will be discussed is the portion that concerns the school. Mr. Empey’s balance of land will be brought
back to Council after Planning and Zoning reviews the comprehensive plan and makes a correction. A working
copy of the comprehensive plan map shows this as commercial but the official comprehensive plan map doesn’t
show it as commercial. It shows low density residential. The school, however, needs to move forward or it will put
them a year behind. Ron explained all the annexation agreement says is that the school will put the roads in and
they don’t need a development agreement, at this time. Ron explained the steps are first annexation, second
conditional use permit, third preliminary plat, fourth final plat then the development agreement. The final plat won’t
be recorded until the development agreement is recorded. Mayor Ard said the problem is the sewer comes from
Wanda and when it crosses the tracks it’s IBSD, so the sewer needs to go south to Sunnyside.
Alan Cunningham, 1020 Lincoln Road, Mountain River Engineering offered a possible suggestion. Mayor
Ard stated the IBSD agreement is that by March 30, 2011 we won’t be running anymore sewage through their lines
and they won’t be running any through the City’s. Alan suggested intercept lines that parallel the eastside of the
canal. Now you aren’t trying to bring new lines in. Scott asked what if you annex John Empey’s land at a lower
property zone and then request a change of annexation. Lance said that would give the City residential property on
an arterial. Ron said directly across the street is commercial. Alan said John is worried that he will be left with
residential when he wants commercial. Ron said they have advertised the land as commercial for the public hearing
and had no negative comments. Ron said P&Z’s recommendation was to zone RP-A and rezone later to
commercial. Alan stated there is a sanitary sewer stub at Princess which they would bring along the front end of the
school property and bring it north – the school would be putting in the sewer east of the railroad tracks.
Councilmember Kirkham asked Alan who would run the expense of the sewer line. Alan said the school but the
City would come down the canal. Scott said it might be less expensive if you take the four houses off of IBSD
sewer and run them back into Princess on the City line. Lance said we might not have to buy an easement since
there is already an access easement there. There were several extensive discussions trying to solve the easement and
sewer line situation.
John Empey, 4328 E. Sunnyside said he was only coming in for the school. Councilmember Thompson
said he would like an easement straight down Princess for the sewer line. Alan said if they run a sanitary sewer,
they would have to have an access road and manholes which would be a hindrance for Empey when he farms.
Mayor Ard stated that the IBSD line on the west side of the tracks goes south and runs into our line.
Councilmember Kirkham stated that annexing this portion of the property, doesn’t impact the sewer one way or the
other.
Councilmember Kirkham motioned to annex the Dist 93 property with an initial zoning of RP-A.
Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes,
Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion
passed.
3. Conditional Use Permit – Dist 93:
Alan Cunningham, 1020 Lincoln Road, Mountain River
Engineering stated, per the Council’s request, the school needed to find a second access into the property. Alan
explained how they tried to find a secondary access and if there was anyone willing to sell their homes. One wasn’t
receptive, one was lukewarm and one couldn’t be reached. Alan stated he would like to suggest a 20 foot wide
access coming down along the east side of the canal and connect up with Wayne. There is no other option they can
find. Alan said it would be an all weather road which, could be a gravel road or gravel with VST, so it stays in
place when they plow. It would be maintained by the school district and be strictly an emergency access road.
Alan said the school is anticipating 3-4 school buses out of Wanda. Ron stated the fire dept is ok with this. Roger
Hill said the school will be ok with having to maintain the plowing of the road.
Council Minutes 2-19-09 Page 3 of 5
Councilmember Bean motioned to approve the Conditional Use Permit for Dist 93 with the secondary
access and that no modulars are included on this property unless approved by the Board of Adjustments and there
will be no more than 8 total modulars within the City limits. Councilmember Kirkham seconded. Roll call vote:
Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Waite
– Yes, and Councilmember Thompson – Yes. The motion passed.
4. Preliminary Plat – Mountain Valley Estates – Division #2:
Mayor Ard asked what they were going
to be doing with the balance of the property. Roger Hill said it will be a playground. He said they will have water
rights to pump out of the canal. Councilmember Thompson stated he was concerned with putting in another White
Pines traffic issue. Alan said the school district liked this location, since it pulled the stress off the three other
schools. Alan said this school is made for the residents in the area unlike White Pines where people come from all
over. Alan said they did this placement, per request by the Council, to put schools in neighborhoods. Roger said the
boundaries will probably be the whole square mile. There are more children on the east than the west.
Scott Hall said there are no sidewalks in this area. Councilmember Bean asked what Lance has in mind for
Princess Road. Lance said 60 foot residential right-of-way that will probably be continued through the school
property. Alan said the paved portion is actually 28-32 feet now. Wanda is wider than Princess. The new section
the school is putting in is 48 feet of pavement with curb, gutter and sidewalk. Councilmember Bean asked if the
school was going to widen Princess down to Wanda. Alan said that would be up to the Council. Alan said instead
of widening the road maybe put in 5 foot sidewalks. Lance stated he likes this better and feels there would be better
cooperation. Scott said there is sidewalk from Forest Glen but from there south there is no sidewalk in Wanda or
Princess. Councilmember Bean asked how you can make the sidewalks merge. Alan said you taper it in which is
not something new. Councilmember Bean said he feels we need sidewalks north and south side of Wanda, on the
east and west side of Princess. Lance said we have to be sure we are within the City’s right-of-way. Alan said he
thinks it is a 60 ft easement. Roger said they will have to cover the canal and the school will be fencing everything
except the front. Councilmember Kirkham stated she wants the openings of the canal to be grated.
Councilmember Kirkham motioned to approve the Preliminary Plat for Mountain Valley Estates Division
#2 with fence on all sides except the front, fix the canal and put in a grate on the opening, sidewalks on both sides of
Princess from Eagle Point south to the school secondary access. Councilmember Powell seconded. Roll call vote:
Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Waite
– Yes, and Councilmember Thompson – Yes. The motion passed.
5. Final Plat – Mountain Valley Estates – Division #2:
Councilmember Thompson inquired
concerning the sewer issue. Councilmember Kirkham stated the City has this problem with or without the school.
Their added capacity does not change the capacity that is allowed in our current situation. This property is not the
cause of the problem, so it is not their responsibility to fix it. Councilmember Kirkham said Forsgren will be
evaluating the City’s options with Lance.
Councilmember Kirkham motioned to accept the Final Plat Mountain Valley Estates Division #2, subject to
technical review by the City Engineer. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham
– Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and
Councilmember Thompson – Yes. The motion passed.
6. Resolution 2009-002 - Parks Sprinkler Policy (Ron):
Councilmember Kirkham motioned to
approve the Parks Sprinkler Policy. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham –
Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and
Councilmember Bean – Yes. The motion passed.
7. Under $100 - City Telephone Sale to District 91 (Patterson):
Bruce Patterson said it was 22 phones
for a total of $2000.
Councilmember Bean motioned to declare the city telephones as surplus property and authorize them to be
sold. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham –
Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The
motion passed.
Council Minutes 2-19-09 Page 4 of 5
DISCUSSION ITEMS:
1. Garbage Can Procedure Approval (Ray/Lance):
Lance presented to Council a proposal for some
possible procedures for the garbage cans. Lance said the carts have a capacity of 335 pounds and the truck arm can
pick up 800 pounds at 6 feet and 600 pounds at 8 feet. Lance stated whatever will fit inside the container will be
collected. There will be a serial number from the container attached to the home. Leslie stated that she will be
inputting the numbers into Caselle. Lance said the container will be provided free from the City. Councilmember
Kirkham asked why we cared how many cans a home can have. Lance stated each can accommodates 3 regular
cans. Scott stated he feels that we need to set a policy that will be consistent to all residents. Leslie stated that if we
add the fee for the can into the monthly rate, then it will be a rental and we will have to look into the taxes that the
state charges the City. Leslie suggested the Council consider 50 cents per can for rental. Lance said we will be
ordering 4400 cans and we have roughly 4000 services. Leslie advised that the paper will be running a front page
article on the garbage next Thursday. Lance stated the new assembly time on the truck is the end of March then a 3
week delivery time after that. The Council suggested pricing the second container at $8 per month.
2. Misc.:
Lance advised the Council they have started on Well Houses 10 and 11.
Ron asked the Council if they have reviewed Title 10 changes he had passed out. The Council has not.
Ron talked with the Council concerning the Animal Enforcement Policy and he has loaded it onto Sharepoint for
their review. Council asked to have the items for review to be in word so they can make suggestions, if needed.
Leslie advised Councilmember Thompson to see Bruce Patterson to get a laptop and wireless connection for his use.
Councilmember Thompson stated that he wanted to know about the fixing of the Curlew Light. Lance said
the camera came in last week and if weather holds they will install it next week.
Leslie explained some of the highlights of Sharepoint which includes the calendar. Liberty Square is
holding their open house on March 30 at 1pm. The Mayor has stated that he will be able to attend. Councilmember
Bean said he will try to attend.
Councilmember Bean advised the Council that Steve Kent is scheduled for the work session in March.
Councilmember Bean moved to enter into executive session pursuant to provision of Idaho Code 67-
2345, subsection 1 (a). Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes,
Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, and
Councilmember Kirkham – Yes. The motion passed.
The meeting adjourned at 9:55 pm.
________________________________________
C. Bruce Ard, Mayor
__________________________________
Leslie Folsom, City Clerk
Council Minutes 2-19-09 Page 5 of 5