06182009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JUNE 18, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, JUNE 18, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Powell
Prayer – Councilmember Bean
MINUTES:
ITEMS FROM MAYOR:
Possible Council Appointment
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
Bruce Patterson Presentation*
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1.Conditional Use Permit Request – District 93 (Bridgewater) – Modular Building*
2.Title 10 – Proposed Changes – Recommended from P&Z 6-3-2009*
3.Well 9 Booster Station Contract Documents – Authorizing Mayor to Sign (Lance)*
4.Title 8, Chapters 1, 3, and 4 Proposed Revisions*
5.Ordinance 475, Title 8, Chapters 1, 3, and 4 Revisions*
6.Policy 30-002 – Home Occupation Policy*
7.Resolution 2009-013 – Adopting Home Occupation Policy*
8.Policy 80-001 – Fire Department Equipment/Devices*
9.Resolution 2009-014 – Adopting Fire Department Equipment/Devices*
10.Change Work Sessions to 4:30 pm – 7 pm (Leslie)*
DISCUSSION ITEMS:
1.Discussion on Bartender Licensing*
2.Fire Dept. Auxiliary Promotional Function (Janet Tracy)*
3.Misc.
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Brian Powell
Councilmember Rex Thompson
City Clerk Leslie Folsom
City Engineer Lance Bates
City Planner Ron Folsom
City Attorney Scott Hall
City Officials Absent:
Councilmember Randy Waite
Mayor Ard opened the meeting at 7:30 p.m. at the City Office building located at 2135 South Ammon
Road. Councilmember Powell led the Pledge of Allegiance. Councilmember Bean led the prayer.
City Council Minutes 6-18-09 Page 1 of 7
MINUTES:
None
ITEMS FROM MAYOR: Possible Council Appointment:
Mayor Ard asked for some clarification as to if
Council should appoint someone to replace Councilmember Ellis. Councilmember Thompson said the appointee
would have a leg up on the other people in the election. Councilmember Bean said it depends upon your view for
Council. This would allow us to go through and try to find a person best for the City. Councilmember Bean likes
the idea of appointing someone but would like to find an individual who best matches what the City needs.
Councilmember Powell stated he wants to have the people make the choice. Councilmember Thompson also
agreed.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday June 18, 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.Ward, Lisa Alexandra – Daycare Employee/Sunny Days Daycare – 4366 E. 17 Street
B.Southwestern – Itinerant Merchant – 364 Call Ave.
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C.Robison, Tailer – Daycare Employee/Sunny Days Daycare – 4366 E. 17 Street
D.Aspen Ridge Chiropractic P.C. – Chiropractic Healthcare – 3522-3526 Briar Creek Lane
2.RENEWALBUSINESS LICENSE APPLICATION:
A.Club, Inc. – Supported Living – 1904,1925 & 1930 Dakota
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B.The Railing Company, LLC – Manufacturing – 1552 N. 25 E.
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C.Intermountain Erectors, Inc. – Construction/Steel Erection – 1546 N. 25 E.
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D.S2M Steel Detailing, LLC – Drafting – 1546 N. 25 E.
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E.S2M Developments, LLC – Property Development – 1546 N. 25 E.
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F.Techtime Rentals, Inc. – Retail Sales – 939 S. 25 E. Suite #103
HOME OCCUPATION PERMITS:
1.RENEWAL HOME OCCUPATION PERMITS:
A.Ted E. Bear Daycare/Rumsey, Leslie – Daycare – 5031 Tildy Lane
B.Oops A Daisy Preschool – Daycare – 3823 Willow Ridge Drive
C.A Perfect Plan – Event Planning – 3165 E. Kit Lane
D.Jo’s Sewing & Quilting – Sewing & Quilting – 4370 Mason Street
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Hinschberger, Bryan – Bartender/The Cellar – 3520 E. 17 Street
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B.Hinschberger, Scott - Bartender/The Cellar – 3520 E. 17 Street
MISC: MASSAGE ESTABLISHMENT
1.NEW MASSAGE THERAPIST:
A.Miller, Erica – Massage Therapy – 1489 S. Curlew Drive
RENEWAL MASSAGE THERAPIST:
2.
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A.Roberts, Maryia Lindsay – Massage Therapy – 3047 S. 25 E.
Business License: Councilmember Kirkham motioned to approve the Business License consent
agenda as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Bean– Yes. The motion
passed.
City Council Minutes 6-18-09 Page 2 of 7
Accounts Payable – Exhibit A: Councilmember Powell asked for an update on the sewer on
Sunnyside. Lance said we have reached a point where we will be splitting everything 60/40. He has created an
invoice for Jeff Hawks. Councilmember Bean discussed the agreement with Jeff Hawkes. Councilmember Bean
asked if the Microsoft bill was a yearly bill. Councilmember Powell stated yes. Councilmember Powell asked
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about the corner of 17 and 21st with the potholes that he feels the intersection should be cut out and replaced.
Lance stated some of this would be covered but some would be an additional request.
Councilmember Bean motioned to approve the Accounts Payable consent agenda as presented.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes,
Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed.
ITEMS FOR/FROM TREASURER: Bruce Patterson Presentation*:
Bruce presented the pie charts and
graphs for the individual City departments. Councilmember Bean said he can now tell the department’s budgets are
flat except police. Councilmember Bean asked how difficult would it be to put a percentage on this. They are trying
to figure how much they want to fund each department, so the department can always receive funds from tax
revenue. Councilmember Bean said using the years 2006-2008 for this would be alright. Bruce Patterson asked if
Councilmember Bean only wanted percentage amounts based on tax revenue, not grants. Councilmember Bean
stated yes. Councilmember Powell asked if Mr. Patterson could create a graph that shows the total amount of
revenue versus the expenditure graph, so we can see where the revenues were each year. He would like to see what
expenditures are growing compared to revenue. Mr. Patterson will have this request in two weeks. Mr. Patterson
stated that one of the interesting areas was business licenses, which have more than doubled in revenue, yet the fees
have not been increased. This is due to administration by the City Clerk and keeping better track of the existing
licenses and locating those who are in violation. Councilmember Bean asked Mr. Patterson what the percentages of
increases are. He said it was close to double. Councilmember Bean asked the Council what this is telling us.
Councilmember Kirkham said it’s showing that the police department has more than doubled.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
ACTION ITEMS:
1. Conditional Use Permit Request – District 93 (Bridgewater) – Modular Building*:
Tom Hunsaker stated that when Planning & Zoning looked at Bridgewater 78% of the students are in the
economically disadvantaged category and 40% of them have English as a second language. This has required more
space than the District expected. In the school board meeting they looked at shifting the school children to another
school, but they are finding it very difficult for some of the children to even integrate into the school they are in.
They have had 3 modular buildings in Iona; however, none are currently in use. The District has moved one to
Woodland Hills and another one would move to Bridgewater, if this is approved tonight. They anticipate 500 more
students will be coming into the school system, which includes all grades. The school district is trying to maintain
their funds, which is why they are using modulars. One constituent was concerned about the size of the area for the
modular and didn’t feel the area was large enough for a modular. The school district is looking at putting five
classrooms into one building instead of two. Greg Maeser was afraid if we don’t allow them, that it might make it
look like the City was unbalancing the scale which would force a bond. Councilmember Bean said he didn’t think
the time frame was governed by the tax payers but by the schools instead. Tom said all six P&Z members present
were in favor.
Roger Hill, Bonneville School District #93, 3497 N. Ammon Road stated he is here to request the
additional modular. Districts like to build new schools when there are enough students across the district to fill
them, rather than half fill them. They realize that in 3-4 years they will need a new middle and high school.
Councilmember Kirkham asked Roger if it would be safe to assume that the elementary won’t need the modulars, so
the other schools can assume them. Roger said only if the elementary numbers start to drop off. Councilmember
Bean asked Roger how many new students have come in this year. Roger said the District increased by 571 students
this year based from November to November. Councilmember Kirkham said Roger is stating that there is a
likelihood of more modular’s in the future. Roger said 40% of the students within the boundaries of Bridgewater are
Spanish speaking families and this uses up the classrooms with all the special needs. Councilmember Bean asked
what you would do if Bridgewater was completely built out. Roger said they have looked at adding 6-8 additional
City Council Minutes 6-18-09 Page 3 of 7
classrooms to the building, due to the special programs. Roger said they built two elementary North of 1st street.
This really took a lot of stress off of Iona. Roger stated the modulars from Woodland Hills could probably be
moved in the future. Councilmember Bean said he understands that they are over capacity at Woodland Hills and
Rimrock and asked how many students they will handle. Roger said 60 – 64 but if they are younger, you can only
get 50 students. Scott asked isn’t it less expensive to add on rather than build a new school or increase their future
sizes. Roger said he thought they would drop the freshman back into the junior high but upon studies the board has
decided to keep them there. They want to keep the high schools at a certain limited number or the students will just
become a number. If you get them over 600 at the elementary, then you would need an assistant principal. Roger
said we are still trying to keep them neighborhood schools. Intermountain Demographics are the ones who are
doing the forecasting for the District and they are getting much more accurate. Councilmember Bean asked when
the new school opens, how many will be coming out of Rimrock and how many out of Woodland Hills. He feels if
the District knows that there is a limited number of modulars, they will do a better job in saying they won’t have
modular’s here and there.
Councilmember Thompson said with 8 modular’s you are a full school behind and feels they should be
looking at half the number of modulars to start building. The District said due to the economy, they chose to only
vote in one school rather than push for two. Councilmember Powell said you are probably going to be moving
modulars to Sandcreek and Hillcrest, then asked but when do you start building. Roger said he hopes the forecasted
secondary population will be a bubble and the ages will be moving through. Councilmember Powell doesn’t see the
need for another elementary going away due to all the build outs on the hill. Roger said they have been addressing
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that growth. He mentioned that they have been talking about land on 52 East and he was talking to the County.
The County made him aware of the floodplain and tried talking them into buying 200 acres and putting 28 acres into
a flood area, which would take care of the flooding areas below. Roger talked to the board and they are going to
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look at it. Scott asked about what happened with building 9 grade wings. Roger said the board felt it would be too
crowded. Councilmember Bean is concerned they are enabling the District to not have to plan by using these
modulars. Does the City support the District’s plan which is different than we have discussed? Councilmember
Thompson said Bridgewater is going to need more classrooms and they have to add the rooms. Ron said the
conditional permits for Rimrock and Woodland Hills modulars lapse this year.
Councilmember Bean motioned to approve the Conditional Use Permit for a modular unit at
Bridgewater for two years conditioned that they will have plans in place to add onto this building and the permit will
not be renewed once it’s expired. This is not meant to increase the number of allowed modulars from 8 to 9
permanently and we will back it down to 8 in the City. Councilmember Kirkham seconded. Roll call vote:
Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember
Thompson – Yes. The motion passed.
2. Title 10 – Proposed Changes – Recommended from P&Z 6-3-2009*:
Ron stated that Planning &
Zoning was in favor of these changes, which are clarification of the definitions and getting rid of conflicting areas.
Councilmember Kirkham motioned to accept the changes for Title 10 as recommended by Planning &
Zoning. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Powell – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed.
3. Well 9 Booster Station Contract Documents – Authorizing Mayor to Sign (Lance)*:
Lance asked
the Council to approve the signing of the contract and notice to proceed, when it is prepared, by the Mayor.
CouncilmemberPowell motioned to accept Well 9 Booster Station Contract and authorize the Mayor to
sign the contract, as well as, the notice to proceed when it is prepared. Councilmember Bean seconded. Roll Call
Vote: Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and
Councilmember Kirkham – Yes. The motion passed.
4. Title 8, Chapters 1, 3, and 4 Proposed Revisions*:
Ron stated the main changes were the handling
of delinquent accounts with the new sanitation containers. It also clarified the insufficient fund check procedure.
Councilmember Bean motioned to approve Title 8, Chapters 1, 3, and 4 Proposed Revisions.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
City Council Minutes 6-18-09 Page 4 of 7
5. Ordinance 475, Title 8, Chapters 1, 3, and 4 Revisions*:
Councilmember Kirkham read Ord. 475
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING THE CITY CODE TITLE 8,
CHAPTER 1, SEWER; CHAPTER 3, WATER, CHAPTER 4, SANITATION; PROVIDING FOR SEVERABILITY; REPEALING
Councilmember Kirkham motioned to recommend
CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
that 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 Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Bean – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion
passed.
Councilmember Kirkham read Ord. 475
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO,
AMENDING AND ADOPTING THE CITY CODE TITLE 8, CHAPTER 1, SEWER; CHAPTER 3, WATER, CHAPTER 4, SANITATION;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
Councilmember Kirkham moved the adoption of Ordinance 475 as an ordinance of the City of Ammon on this third
and final reading. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Bean – Yes, Councilmember Powell – Yes and Councilmember Thompson – Yes. The motion
passed.
6. Policy 30-002 – Home Occupation Policy*:
Ron explained the change in home occupations for auto
repair situations. Councilmember Thompson stated he has reviewed it and is ok with it. Ron stated some of the
items are a site obscuring enclosure, no parking on the street, no more than one vehicle being repaired, no junk, no
noise, any storage, and hazardous chemicals, subject to a yearly fire inspection.
Councilmember Thompson motioned to approve Policy 30-002 for the home occupation policy regarding
auto repairs. Councilmember Powell seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember
Powell – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed.
7. Resolution 2009-013 – Adopting Home Occupation Policy*:
Councilmember Thompson motioned
to adopt Resolution 2009-013 home occupation policy regarding auto repair. Councilmember Powell seconded.
Roll Call Vote: Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and
Councilmember Kirkham – Yes. The motion passed.
8. Policy 80-001 – Fire Department Equipment/Devices*:
Ron stated that a lot of these items have
been being done, but this is just the policy establishing these areas. Lance said his only concern is the cap fitting
for the hydrant which adds approx $100 to the cost per hydrant. The fire dept. has told Lance this is what they want
but he wanted the Council to know it will cost the City extra.
Councilmember Kirkham motioned to table the Policy 80-001until Councilmember Powell has the
opportunity to discuss the caps with the Fire Chief. Councilmember Powell seconded. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember
Thompson – Yes. The motion passed.
9. Resolution 2009-014 – Adopting Fire Department Equipment/Devices*:
Councilmember Kirkham
motioned to table Resolution 2009-014 until Councilmember Powell has the opportunity to discuss the caps with the
Fire Chief. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Powell – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
10. Change Work Sessions to 4:30 pm – 7 pm (Leslie)*:
Leslie explained her concern with the
Council being unavailable at 4:00 p.m. and would like to see the work session changed to 4:30 p.m. to help
accommodate the Council’s work schedule.
Councilmember Kirkham motioned to change the work sessions from 4:00 p.m. to 4:30 p.m. and ending the
session at 7:00 p.m. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion
passed.
City Council Minutes 6-18-09 Page 5 of 7
DISCUSSION ITEMS:
Discussion on Bartender Licensing*:
1. Ron stated that Boise was the only city in Idaho that governs
bartenders. After all of his research, his recommendation would be that we eliminate the language on DUI’s. The
reason for the bartender licensing would be to protect people against rape by a bartender and he doesn’t feel we
protect anyone by doing the DUI’s. The employer will recognize that they have a drinking problem and will
probably not keep them on the job. The bartender is not serving the majority of the people – only mixing the drinks.
If the person violates the law, it affects them only. Scott said when he was presented with the issue; he asked why
we regulate it in the first place. A DUI, depending on how a prosecutor handles the charges, can be reduced. Who
are we really protecting? Scott stated he feels it is just a policy decision but what purpose do we have by enforcing
it. Councilmember Thompson said a person with a DUI is showing some poor judgment. Councilmember Kirkham
said don’t dentists get DUI’s. Councilmember Thompson stated yes. Councilmember Bean feels Ron has brought
up a good point and we are doing a good job with what we are doing.
Scott Hinchberger, owner of Cellars stated they do full blown reference checks but they don’t do legal
checks because he knew the City did a FBI check. Justin has two DUI’s over the past five years. The second DUI is
five days away from five years ago. As the owner and boss if he thought there was an issue at all, he would not hire
him. He has fired employees that he has noticed had a problem within a short period of time. He owns the bar and
liquor license and would hope the owners could make that judgment call. Councilmember Kirkham said ultimately
your reputation is at stake. Councilmember Kirkham concurs that she doesn’t want to take the power away from
the employer. Justin told Scott, upfront in the hiring process, concerning his DUI.
Leslie stated that we are protecting the constituents and the DUI does nothing to protect the constituent. It
is mainly directed at the employee and the City shouldn’t be governing their morality. The City needs to protect
against things the constituents cannot see. They cannot see a sexual abuser or felon. There is a risk that the
bartender will serve alcohol to a person of the opposite sex which makes it easier for sexual abuse. Scott
Hinchberger said he gave his employee a warning that he noticed had a problem and he gave her one warning only.
Justin has no chances – if he violates it he is gone.
Mayor Ard said he can see both sides and he doesn’t know how having this on the books really
accomplishes anything. Council asked Ron to draft it both ways and put it for a vote on the next Council agenda.
Councilmember Bean asked Scott his personal opinion. Scott said he would have to know the purpose of why.
Councilmember Kirkham said the purpose is to protect the constituent from the bartender harming them.
Councilmember Bean asked Scott if he felt there was a need to have this on the books. Scott said he doesn’t know
what the DUI truly means. His concern is that a DUI becomes somewhat subjective, so he has some concern as to
the reliability of this. Scott said the State requires a purpose statement and Ron tried to figure it and he can’t find
the purpose. Ron stated the City had one bartender that we had to have fired because he got a DUI. Bartenders are
a skilled labor. Scott Hinchberger said he had hopes that it wouldn’t take a month for this. Council stated that laws
take time.
2. Fire Dept. Auxiliary Promotional Function (Janet Tracy)*:
Councilmember Kirkham motioned to
adjourn since Councilmember Powell had to leave. Councilmember Bean seconded. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember – Powell, Councilmember Bean – Yes, and Councilmember
Thompson - Yes. The motion passed. The meeting adjourned at 9:40 p.m.
Scott Hall advised Janet that this isn’t an action item so it can still be heard.
Janet Tracy said she runs the fire dept auxiliary that’s been in existence for 30 plus year. She covered and
showed how the Monopoly game that will be promoting the fire department. The auxiliary will not have to go
forward until they have enough money to produce it and then the balance would be pure profit. Mayor Ard asked if
the price on each square advertising an Ammon business is what they sell that advertising space for. Janet said yes.
Council stated they liked the idea.
3. Misc.:
Leslie stated that if the Council will be raising the utility rates then the deposit rates would
need to be adjusted also. The deposit is usually figured on two months average bills.
Leslie advised the Council that she is writing a surplus property policy. Scott Hall suggested that no
employees will be allowed to purchase the property.
Lance stated that he hasn’t received any input on the memorandum of understanding with the City of
Ammon and Bonneville County on First Street. Councilmember Bean asked if Lance would resend it to Council.
City Council Minutes 6-18-09 Page 6 of 7
Ron said there is a P&Z position open, which he tries to fill the position with an area that doesn’t have a
Council or Planning and Zoning member. At this point, Briarwood, southern Centennial, Fox Hollow, Trailwood
and South Ross do not have representation. He requested some names from the Council.
Ron stated he hopes to have the title by Monday on the Tiebreaker lot.
Mayor Ard said Kevin Taggert owns Harvey Crandall’s property and wonders if the City is interested in it.
Scott asked if he has the unimproved area or Harvey’s house. Mayor Ard said he thinks it was both. It is
approximately 2 acres and he will find out the price.
Councilmember Kirkham motioned to adjourn. Councilmember Bean seconded. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, and Councilmember
Thompson – Yes. The motion passed.
The meeting ended at 9:58 p.m.
______________________________________
C. Bruce Ard, Mayor
__________________________________
Leslie Folsom, City Clerk
City Council Minutes 6-18-09 Page 7 of 7