05072009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, MAY 7, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, MAY 7, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Waite
Prayer – Councilmember Bean
MINUTES:
April 2, April 9, April 16 and April 21, 2009*
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC HEARINGS:
2009-003 – FEES Fire, Building, Electrical, Mechanical, Plumbing, Utilities and Licensing
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Request for Funding of Test Sections - Sewer Transmission Line (Mayor/Ted Hendricks)*
2.Resolution 2009-008 Fire Department Fees*
3.Resolution 2009-009 Building, Electrical, Mechanical and Plumbing Fees*
4.Resolution 2009-010 Utility Fees*
5.Resolution 2009-011 Licensing Fees*
6.WT Development Request to Transfer Bridgewater, Division 1, Block 1, Lot 18 to City*
7.Change Order #2, Well 10 Phase 2 – Vern Clark (Lance)*
8.Change Order #3, Well 10 Phase 2 – Vern Clark (Lance)*
9.Staining of Hill Tank 1 (Lance)*
10.Change Policy 50-001 to 63–001 Sanitation (Ron)
11.Amend Resolution 2009-006 Sanitation Policy (Ron)*
12.Falcon Park Access Procedure (Ken/Scott)*
13.Eagle’s Homestead Park Agreement (Jennifer)*
14.Sales Tax/Camera Swimming Pool (Randy/Jennifer)*
15.City Code Changes Title 8, Chapter 4 – Sanitation Service*
16.Ordinance 471 – Title 8, Chapter 4 – Sanitation Service*
17.City Code Changes Titles 1, 4, 5, 6, 8, 9*
18.Ordinance 472 – Titles 1, 4, 5, 6, 8, 9*
DISCUSSION ITEMS:
1.Rigby’s 1996 Sanitation Truck (Lance)*
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2.Water Proclamation Effective for May 15 (Ron)*
3.Saturday Garbage Schedule for Commercial Dumpsters (Lance/Leslie)
4.Garbage Can Theft, Penalties and Complaints (Leslie)
5.Clean Up Day for the City (Mayor/Lance/Leslie)
6.Misc.
EXECUTIVE SESSION:
1.Idaho Code 67-2345 subsection 1 (f) (j) (Leslie/Scott)
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham (arrived 7:50 p.m.)
Council Minutes 5-7-09 Page 1 of 9
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
CALL TO ORDER:
Mayor Bruce Ard opened the meeting at 7:34 p.m. at City Hall building located at 2135
South Ammon Road. Councilmember Waite led the Pledge of Allegiance. Councilmember Bean led the prayer.
MINUTES:
April 2: Councilmember Kirkham motioned to approve the minutes as presented.
Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes,
Councilmember Powell – Abstained (absent), Councilmember Thompson – Abstained (absent), and Councilmember
Waite – Yes. The motion passed.
April 9: Councilmember Powell motioned to approve the minutes as presented. Councilmember Bean
seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Waite –
Yes, and Councilmember Thompson – Abstained (absent). The motion passed.
April 16: Councilmember Thompson motioned to approve the minutes as presented. Councilmember
Waite seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember
Powell – Yes, and Councilmember Bean – Abstained (absent). The motion passed.
April 21: Councilmember Bean motioned to approve the minutes as presented. Councilmember Waite
seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson –
Yes, and Councilmember Powell – Abstained (absent). The motion passed.
ITEMS FROM MAYOR:
None
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday May 7, 2009
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
A.JBY & Company dba Farmers Market at Ammon Town Square – Farmers Market – Ammon Town Square
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B.Café Rio Mexican Grill – Restaurant – 2537 S. 25 E.
C.Right Step, LLC – Cleaning & Restoration – 3968 E. Sunnyside Rd. Unit 2B
D.Destination Homes, Inc. – Home Building – 3034 S. Chartwell Garden
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Contractors Warehouse – Retail Sales – 2670 E. 14 N.
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B.Idaho Elite Gymnastics & Cheer – Instruction – 2612 E. 14 N.
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C.D&L Cleaners & Laundry – Laundry Service – 3160 E. 17 Street
D.CBS Collections, Inc. – Collection Agency – 1534 Midway Ave.
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E.Mrs. Powell’s Cinnamon Rolls – Food Service – 1813 S. 25 E.
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F.Onesource, HHC, LLC – Home Health Care – 3544 E. 17 Street Suite #201
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G.Inspired Living Home Décor – Retail Sales – 3160 E. 17 Street, Suite #120
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H.Big Dog – Retail Sales – 2631 S. 25 E.
I.Ammon Veterinary Hospital, PLLC – Veterinary Hospital – 1290 S. Ammon Rd.
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J.Idaho State Liquor Dispensary – Retail Sales – 2641 S. 25 E.
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K.My Dentist – Dental Office – 3151 E. 17 Street
L.Foto 2 Finish – Printing – 1619 Curlew, Suite #7
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M.Roberts, Maryia Lindsay – Massage Therapy – 3047 S. 25 E.
Council Minutes 5-7-09 Page 2 of 9
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N.Roth, Laurie – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street
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O.Merrill, Vanna – Daycare Employee/Nana’s Daycare – 2660 E. 1 Street
P.Verizon Wireless – Cell Tower – 4020 E. Sunnyside Rd
HOME OCCUPATION PERMITS:
1.RENEWAL HOME OCCUPATION PERMITS:
A.Five Star Painting – Painting – 2720 Bungalow Drive
B.Simon Gisin Woodcarving – Wood Carving – 3330 E. Sunnyside Rd.
C.Seward, Jessica – Salon – 5651 Treyden
D.Faux Masters Plus – Painting – 3801 Orchard Circle
E.Advanced Drafting Service – Drafting – 3026 Silver Circle
F.Stallings, Erica – Salon – 3923 Willow Ridge Drive
G.K. Murdock Construction, LLC – Construction – 4029 Eastwood Circle
H.Hill Enterprises – Vending – 3697 Ellendale Circle
I.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.Evans, Travis – Bartender/Carino’s – 2833 S. 25 E.
2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Robison, Ivan Wesley – Bartender/Carino’s – 2833 S. 25 E.
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B.Carroll, Kathleen – Bartender/Carino’s – 2833 S. 25 E.
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C.Hobley, Erica – Bartender /Carino’s – 2833 S. 25 E.
Business License: Councilmember Bean motioned to approve the business licenses as presented.
Councilmember Waite seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Waite – Yes,
Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
Accounts Payable: Councilmember Powell asked about JBC billing. Jennifer explained that Robert
Peterson originally had a nonprofit organization and to get those funds he needs to work at no cost. Robert Peterson
said that the funds are a pass through to pay Robert and it isn’t costing the City of Ammon any monies. The items
were added in as miscellaneous revenue and coming from the consulting line item. A non-profit pass through fund
line item will be added to the FY 2010 budget.
Councilmember Bean motioned to approve the accounts payable as presented. Councilmember Powell
seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson
– Yes, and Councilmember Waite – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
Jennifer went over the financials line items, with the
Councilmember’s, to show the strong financial stability of the City.
Councilmember Bean asked Ron about Foothills Property not paying for the flood plain and if the others
have paid. Ron stated that both the County and Rockwell are current to their share of the bills. Ron stated the
County paid in advance and showed on last year’s figures. Ron said he has asked the County if they would help in
the shortfall and Roger stated he will go back and see what he can do.
PUBLIC HEARINGS:
2009-003 – FEES Fire, Building, Electrical, Mechanical, Plumbing, Utilities and
Licensing: Stacy Hyde, 4125 Wanda stated that they were trying to clean up some of the fees. Councilmember
Bean asked what a Fire Department Operational Permit is. Stacy said when they put the tanks into Albertsons this
was the permit that was used. The permit is used for anything that doesn’t fall under any other area and is defined in
International Fire Code.
Councilmember Bean asked about stop work orders. Ron said the stop work order is similar to the one the
building department used. We had a situation where the Fire Department ran into a situation where somebody was
spraying cars in an unventilated area. They issued a stop work order, but it was ignored. Ron said this code is used,
so if we give them a warning and they ignore it, then we have some clout after they violate the stop work order. Ron
said the return check fees are adjusted throughout the City.
Charlie stated there were no changes from the other night at Council. Councilmember Bean asked if there
was any reason to discuss it. Charlie said no.
Council Minutes 5-7-09 Page 3 of 9
Greg Hanson, Rockwell Homes stated his only question was on the credit card charge and he has talked
with Charlie concerning this and would like Charlie to explain. Charlie said they met with the President of the
Home Builders Assoc. and when they changed the plan review fee he told them that he would keep it within the
limit of a maximum 5% increase and he has done that, which was the purpose of changing the fee schedule. The
credit card issue is totally separate from this rate increase. Greg said the way he understood it if the City was going
to add credit cards, there would be a 3% increase to cover it. He feels the timing would be bad but he would support
it, if the increase was reasonable. Rockwell’s point is that it should be an adder. Mayor Ard said that is the reason
we haven’t proceeded further on accepting credit cards. Greg said he feels Charlie is in line with what is proposed.
Ron explained that the utilities are for the garbage container clarifications.
Ron stated the water meter fees are to correct the meter charges and the City will install the meter. Ron
explained the farmers markets licensing fees. The farmers open air market vendor license will be $20.00 plus any
inspection fees.
Ron said we have added a permit fee for our fire hydrants. Lance explained the individual companies are
using the hydrants for grass chemicals, dirt suppression, etc. Leslie explained the City’s main concern was to be
sure they had the right equipment to protect the City’s water source. Councilmember Bean stated he would like
Ron, Stacy and Lance to put together an item to collect funds for the water use. The Fire Department will be
offering a CPR class for residents and non-residents.
Mayor Ard closed the public hearing.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
Robert Taylor, 4279 Miranda Lane
asked what the comments have been on the first week of the new garbage containers. Mayor Ard said his only
problem was the theft of a gentleman’s garbage can.
ACTION ITEMS:
1. Request for Funding of Test Sections - Sewer Transmission Line (Mayor/Ted Hendricks)*:
Ted Hendricks said they are approximately 60% done with the first phase of the plant. They have
spent 7 million on that so Shelley’s funds are approaching being used, so they will start drawing down on the City of
Ammon’s money. The two test sections have been done and Dave is here if the Council has any questions.
Dave Noel, 3411 Sparrow Hawk stated there were two test sections completed with different diameters.
Originally they were going to do an 8” on Core 21 but the height was not available and this pipe has not been
allowed. Councilmember Kirkham asked if it was successful enough to proceed. Dave said they are considering
pre-purchasing the pipe and they are putting together a pre-selection package for the pipe which will save over $1
million. The price is 20% lower now than it was when we started to do the test sections. Ted stated he would like
Ammon to pay for the DEQ environmental bills then reimburse the funds with a loan when the clearance comes in
from DEQ. $2.5 million is coming to be spent this year and Ammon will spend $10 - $12 million this year. A
significant amount of money will be going out between now and the end of this year for the transmission line and
the treatment plant. More of the transmission line could be under design this year. The material alone will cost
about 4 to 5 million.
Councilmember Kirkham asked if he was suggesting we raise the sewer rates this year. Ted stated
yes, since the City will be incurring the cost this year. Ted said over the next 24 months we will be spending all of
the $20 million. Ted said the bond is 20 years at 2% simple interest. Councilmember Bean asked if the interest
rates were covered in the $20 million bond. Ted stated no, so it will need to be added to the rates. He stated that
within the next 24 months the $20 million will be spent. Councilmember Kirkham said we might want to be raising
the sewer fees by $8.00 - $9.00 per month to begin in July.
David’s commented on the pipeline project and said by the end of the month they will prequalify
contractors and are planning on the actual project going out for bid within the next 60 days. Project plans for the
first section have been turned into DEQ and the Army Corp of Engineers for a review and response. It takes a
couple of months for Army Corp of Engineers. On the treatment plant we are at the 50% completion range. It
should be complete in October which is about 5 months ahead of schedule.
Councilmember Bean asked Ted the number of households that he used when he made the estimation. Ted
said he thought it was under 4000. Dave said it was 4500 households. Councilmember Bean asked Ted for a re-
evaluation of the figures.
Council Minutes 5-7-09 Page 4 of 9
Councilmember Waite motioned to pay for the test section of the sewer transmission fund out of the reserve
funds until it’s reimbursed from DEQ under the bond. Councilmember Powell seconded. Roll Call Vote:
Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember
Bean – Yes, and Councilmember Kirkham – Yes. The motion passed.
2. Resolution 2009-008 Fire Department Fees*:
Councilmember Bean motioned to approve
Resolution 2009-008 as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean –
Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and
Councilmember Powell – Yes. The motion passed.
3. Resolution 2009-009 Building, Electrical, Mechanical and Plumbing Fees*:
Councilmember Bean
motioned to approve Resolution 2009-009 as presented. Councilmember Kirkham seconded. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember
Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
4. Resolution 2009-010 Utility Fees*:
Councilmember Bean motioned to approve Resolution 2009-010 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.
5. Resolution 2009-011 Licensing Fees*:
Councilmember Bean motioned to approve Resolution 2009-011
as presented. 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.
6. WT Development Request to Transfer Bridgewater, Division 1, Block 1, Lot 18 to City*:
Ron
said when Bridgewater was approved it included a walking path along the South end of the development where the
high voltage power lines are located and the Development Agreement requires the developer to dedicate a 60 foot
landscaping strip. The path is in but the strip is not. The developers want the City to accept the portion of the strip
in Division 1, so they can quit paying the property taxes on it.
Alan Cunningham, 1020 Lincoln Road stated Hal Wright wants to deed the land but will still maintain it
and will develop it when the economy picks up. This will help Hal to not pay the property taxes. Scott asked why
this is different than any other infrastructure that we require to be done before the project comes in, so that if he or
his entity goes broke it then doesn’t become the City’s problem to have to put it in at some time or to bond for it.
Alan said he doesn’t know. It is 1.3 acres and is 60 feet wide by 970 feet long. Councilmember Kirkham stated she
was concerned with the liability situations and who would be responsible.
Councilmember Kirkham motioned that we decline the request to transfer Bridgewater, Division 1, Block
1, and Lot 18. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes.
The motion passed.
7. Change Order #2, Well 10 Phase 2 – Vern Clark (Lance)*:
Councilmember Kirkham stated that
Lance said the change order has been split up and this one is for the pumps and electrical to get it from 2500 gallons
to 3500 gallons and he can’t find anything wrong with the price. The City had committed to 1.9 million for that
$500,000 grant.
Councilmember Powell motioned to approve Change Order #2 for Well #10 Phase 2 Vern Clark.
Councilmember Waite seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Waite – Yes,
Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion
passed.
8. Change Order #3, Well 10 Phase 2 – Vern Clark (Lance)*:
Lance stated that this one has to do
with the building. Councilmember Kirkham asked how far behind this will put us, if we don’t approve this tonight.
Lance said we are at the point that we need the water and any delay would hurt us. The Council’s concern is the
tower. Lance said the tower is an integral part of the building. Councilmember Kirkham said it comes at a cost of
Council Minutes 5-7-09 Page 5 of 9
$60,000. Lance said he and Ray met with Brent but he hasn’t received an answer. Lance said you would have to re-
engineer and build new trusses to replace the ones we have already have made at a cost of approx. $8000. Mayor
Ard said that would take half of the savings. Councilmember Bean said he feels this is a cost we have to take and
learn from. Lance said Vern dropped his price $9000. Scott asked if we approve this tonight, can we change the
completion date. Scott said when they donated the property to the City the design agreement was the price we paid
for the land.
Councilmember Bean motioned to approve Change Order #3, Well 10 Phase 2 as presented in the
amount of $89,088 with the condition that the completion date is established with no more days than was on the
original contract. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember
Powell – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes.
The motion passed.
9. Staining of Hill Tank 1 (Lance)*
: Lance said to stain the tank and make it blend in more would cost
$5016. Councilmember Bean asked what color it would be, if we don’t. Lance said gray. Councilmember Kirkham
said it blends well now. Jeff Freiberg said at the end of the project there will be a final change order with the extra
dirt and this stain can be in that. Skarr who built the tank gave them the brand of the stain to use. Lance said there
will be a sprinkler system and greenery around the tank and Jeff said the landscaping will be on the outside of the
fence. Councilmember Powell said his only concern is the backside.
Councilmember Bean motioned to decline staining the tank. Councilmember Powell seconded. Roll Call
Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember
Thompson– Yes, and Councilmember Kirkham – Yes. The motion passed.
10. Change Policy 50-001 to 63–001 Sanitation (Ron
): Ron explained that the policy number was
incorrect when they originally approved it and he needs this to correct the error.
Councilmember Kirkham motioned approved to change Policy 50-001 to 63-001. Councilmember Powell
seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean –
Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
11. Amend Resolution 2009-006 Sanitation Policy (Ron)*:
Councilmember Kirkham motioned to
amend Resolution 2009-006 to reflect the corrected policy numbers from 50-001 to 63-001. Councilmember Powell
seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean –
Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
12. Falcon Park Access Procedure (Ken/Scott)*:
Ken explained last year Falcon Park was set up to be
expanded. Last fall he talked to Camille Curran and let her know of the City’s intentions to renovate the access this
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spring. Ken stated he has had surveyors survey the project. Ken stated he sent a certified letter on April 20. At
this time, Ken has not received notification of the receipt of the certified letter and has now resent it by regular mail.
Ken and Shawna have tried to contact her throughout the last week and they haven’t been able to get hold of them
and we are real close to starting the project. Councilmember Bean asked about the costs to connect this access to the
park. Ken said it is approximately $1000 and they have the trees for it. Ron said when the Planned Transitional
Zone was in discussion, the people had just purchased this property and he showed them the maps and he stated to
them the 20 foot piece would be for the park. Ron stated the property owners to the East of the access have on a
regular basis had people cutting through their yard, since the neighbors have closed off the City’s access. The
purpose for this is to connect the walking path and bike paths. We are trying to get the parks all ready for this.
Councilmember Thompson said people can’t get into the park, if we don’t have this access. Ron said the gentleman
whose yard they are trespassing on wants this legal pass completed. The Council discussed the possibility that the
Currans may not be home during the day, so we need to try contacting during the evening. Scott said he has asked
Ken to serve them with the notice, so if necessary, Scott can proceed with a court order to start taking down the
shrubs. Ken will be putting in a sprinkler system and grass for now. Councilmember Kirkham said the bottom line
is it is the City’s property. Scott said general property laws are in the City’s favor.
Councilmember Kirkham motioned to direct Ken and Shawna to try and make contact this next week and if
the people are not amicable to what is proposed, to seek a court order. Councilmember Thompson seconded. Roll
Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes,
Council Minutes 5-7-09 Page 6 of 9
Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion passed. Randy wants Ken to keep him
informed.
13. Eagle’s Homestead Park Agreement (Jennifer)*:
Leslie said Ken has an agreement with Audry
McDonald to have her shut the doors on the bathrooms on both Eagle Homestead and Peterson Park. Ken said since
he has been doing this the vandalism has stopped. The McDonalds close the bathrooms in the evenings and open
them in the morning.
Councilmember Powell motioned to accept the Eagle Homestead Agreement with the McDonald’s.
Councilmember Bean seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Bean – Yes,
Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes. The motion
passed.
14. Sales Tax/Camera Swimming Pool (Randy/Jennifer)*:
Councilmember Waite stated Jennifer
Belfield has worked hard to keep us legal with the sales tax and to keep the fees the same with tax pre-included.
Councilmember Kirkham stated they are still going through an adjustment and possibly will need to increase it next
year. Councilmember Waite said we will be able to work this out. Councilmember Kirkham said Jennifer Kerner is
fine with the cameras now. Leslie stated the cameras help with workmen’s comp and surveillance when no one is
there. Councilmember Powell said to angle the cameras correctly.
Councilmember Waite motioned to keep the rates at the published rate and post a sign stating this includes
sales tax and we put up correctly positioned cameras throughout the pool area and post they are under surveillance.
Councilmember Powell seconded. Roll Call Vote: Councilmember Waite – Yes, Councilmember Powell – Yes,
Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion
passed.
15. City Code Changes Title 8, Chapter 4 – Sanitation Service*:
Ron said this change is for sanitation
to meet the container changes and briefly covered the individual items.
Councilmember Bean motioned to approve City Code Changes to Title 8, Chapter 4 as presented.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes,
Councilmember Waite – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion
passed.
16. Ordinance 471 – Title 8, Chapter 4 – Sanitation Service*:
Councilmember Bean read Ordinance
471
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLE
8, PUBLIC UTILITES AND PROPERTY, CHAPTER 4, SANITATION SERVICE; PROVIDING FOR SEVERABILITY; REPEALING
Councilmember Bean motioned to recommend that
CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the
three readings be waived. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Powell - Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and
Councilmember Waite – Yes. The motion passed.
Councilmember Bean read
Ordinance # 471 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO,
AMENDING PORTIONS OF THE CITY CODE TITLE 8, PUBLIC UTILITES AND PROPERTY, CHAPTER 4, SANITATION SERVICE;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
Councilmember Bean motioned the adoption of Ordinance 471 as an ordinance of the City of Ammon on its third
and final reading. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember
Powell - Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes.
The motion passed.
17. City Code Changes Titles 1, 4, 5, 6, 8, 9*:
Ron showed the Council the changes to the differing
titles. Title 1 covers misdemeanors and infractions. Title 4 is to add internships to the massage licenses. Title 5
Chapter 2 is for the fire departments requests, which include unlawful use of fire hydrants. All persons shall have
the affirmative duty to report a fire that occurs in a commercial structure or any detaching building. There was
concern if the City is charged for open burning calls into dispatch. Councilmember Kirkham stated fire is backed
out of the formula for computing our fees. Title 6 - Councilmember Bean asked for items S & T to be removed.
Council Minutes 5-7-09 Page 7 of 9
Title 8 is maintenance of sidewalks and a penalty clause. Title 9 is parking on private property without consent and
a penalty.
Councilmember Kirkham motioned to approve the City Code changes Titles 1, 4, 5, 6, 8, and 9 except for
6-2-9 S&T to be removed. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and
Councilmember Bean – Yes. The motion passed.
18. Ordinance 472 – Titles 1, 4, 5, 6, 8, 9*:
Councilmember Powell read Ord. 472
AN ORDINANCE OF THE
CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLE 1, CHAPTER 4, GENERAL
PENALTY PROVISIONS; TITLE 4, CHAPTER 12, MASSAGE THERAPY; TITLE 5, CHAPTER 2, GENERAL POLICE REGULATIONS;
TITLE 6, CHAPTER 2, FIREWORKS; TITLE 8, CHAPTER 8, MAINTENANCE AND CONSTRUCTION OF SIDEWALKS AND CURBS;
TITLE 9, CHAPTER 5, PARKING ON PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING
Councilmember Powell motioned to recommend that the City
ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
Council dispense with the rule requiring the reading of the ordinance on three different days and that the three
readings be waived. Councilmember Waite seconded. Roll Call Vote: Councilmember Powell – Yes,
Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and
Councilmember Bean – Yes. The motion passed.
Councilmember Powell read Ord. 472
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO,
AMENDING PORTIONS OF THE CITY CODE TITLE 1, CHAPTER 4, GENERAL PENALTY PROVISIONS; TITLE 4, CHAPTER 12,
MASSAGE THERAPY; TITLE 5, CHAPTER 2, GENERAL POLICE REGULATIONS; TITLE 6, CHAPTER 2, FIREWORKS; TITLE 8,
CHAPTER 8, MAINTENANCE AND CONSTRUCTION OF SIDEWALKS AND CURBS; TITLE 9, CHAPTER 5, PARKING ON PRIVATE
PROPERTY; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE
Councilmember Powell motioned to accept Ord. 472 as an ordinance of the City of Ammon on its third and
DATE.
final reading striking 6-2-9 S & T. Councilmember Waite seconded. Roll Call Vote: Councilmember Powell –
Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and
Councilmember Bean – Yes. The motion passed.
DISCUSSION ITEMS:
1. Rigby’s 1996 Sanitation Truck (Lance)*:
Lance stated that the City of Rigby is selling a used 1996
Volvo Automated Garbage Truck which the City could buy as a backup and might be a separate option. He would
like to know if the Council would want to consider this one. Council told Lance they were interested in looking at
it. Councilmember Powell asked Lance to look at a maintenance file on the truck.
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2. Water Proclamation Effective for May 15 (Ron)*:
Councilmember Kirkham said when staff
receives calls to make sure we are letting people know it is for water conservation. Ron stated that Shawna ran into
problems when she was trying to ticket people who are not home. She would like the Council to change it to a fine
that can be assessed to their water bill. Ron talked with Brian Tucker who said we have to rewrite the ordinance to
state this. Council would like us to proceed with this.
3. Saturday Garbage Schedule for Commercial Dumpsters (Lance/Leslie):
Councilmember Powell
asked about rotating staff Monday, Tuesday, and Wednesday for 10 hour days and Thursday, Friday, and Saturday
for 10 hour days. Council asked Lance what we are doing with the excess personnel. Lance stated they are going
to train two people on the automated truck. Mayor Ard said couldn’t we use the automated person for the dumpsters
on Saturday. Councilmember Bean said the idea with the automated trucks would save us labor costs and he is
concerned of the cost savings if we maintain the personnel. Lance said he was never under the impression he was
going to lay anyone off and he was to use the people for the items that haven’t been getting completed. Lance stated
the valves are not been being checked and they should be. There is one in nearly every intersection. Leslie asked
Lance didn’t he hire temporary employees instead of replacing the staff so he wouldn’t have to lay anyone off.
Lance stated yes. Councilmember Bean asked Lance to not replace any employee lost through attrition.
Councilmember Bean told Lance to make the decision on Saturday dumpster schedules and Council doesn’t need to
be involved.
4. Garbage Can Theft, Penalties and Complaints (Leslie):
Lance said the truck is doing what it is
suppose to and Ammon has excelled in his operation of the truck. The complaints coming into the office have been
Council Minutes 5-7-09 Page 8 of 9
non-stop and people have been abusive to the staff answering the phone. Some of the complaints received were;
cans are too small, too big, they are ugly, people don’t like the color, the cans blow over. There have been some
theft problems in that, when the containers were delivered, if the constituent was delinquent they didn’t receive a
container and so they took a neighbors container. There were also complaints about the trash being a limited
quantity. Councilmember Kirkham said when you consume more, you pay more. Councilmember Bean asked
Lance if the trash is blowing when it is being dumped. Lance said yes due to the truck being 20 feet in the air and
then the arm lifting the can. Councilmember Bean said that’s why we need to require the trash to be bagged. Lance
said there is no way to enforce it, though that is why we recommend they bag the garbage. Councilmember
Kirkham said she has heard good things too. Councilmember Thompson said when he drove down his street, the
containers looked nice. Council discussed ideas for constituents to dispose of their old containers by taking them to
the landfill. Leslie explained that upon delivering the garbage containers we reviewed the utility audit that was done
1 ½ years ago and we did not have one house missed except one that was missed on the original audit and we have
sent them a letter with the amount owed. She stated that the new system to make sure all the new homes are entered
in is working. Also, Pacific Recycling has offered to leave a receptacle for metal and a receptacle for plastic, if the
City so desires. Council decided to not do this at this time.
5. Clean Up Day for the City (Mayor/Lance/Leslie):
Mayor Ard asked if it was something we could
do. Councilmember Bean said we have outgrown it. Councilmember Powell said his ward wanted to hold a cleanup
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day on the 21 and wanted to know if we have bags or vests for those people. Lance asked that they take it to the
transfer station or we can work something out to pick it up. Councilmember Bean suggested putting a dump truck
near Well 11 for them to put collected trash into. Lance said he would do this. Councilmember Powell said he will
let Lance know when he needs it done. Councilmember Powell said he received notice there was an interfaith
cleanup. Mayor Ard said that would be fun.
6. Misc.:
Councilmember Waite stated he won’t be at the work session and he also won’t be attending
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the P&Z dinner on the 20 due to his retirement from the district. Councilmember Bean stated the budget is the
critical thing and Jennifer wants to do the budget but wants the Council to set priorities. Councilmember Bean said
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it’s nice to have a park but can we save for five years and pay for it. Council decided to set the date for May 21 at
4pm for the special session.
EXECUTIVE SESSION:
1. Idaho Code 67-2345 sub-sections 1 (f) (j) (Leslie/Scott):
Councilmember Bean moved to enter into
executive session pursuant to provision of the Idaho Code 67-2345, subsection 1 (f) and (j). Councilmember Powell
seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson
– Yes, Councilmember Waite – Yes, and Councilmember Kirkham – Yes. The motion passed.
The meeting adjourned at 11:20 p.m.
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C. Bruce Ard, Mayor
__________________________________
Leslie Folsom, City Clerk
Council Minutes 5-7-09 Page 9 of 9