07022009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JULY 2, 2009 – 7:30 P.M.
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, JULY 2, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Thompson
Prayer – Councilmember Powell
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:
1.Title 4 Chapters 2, 3, 4, Proposed Revisions and Proposed New Chapter 14*
2.Ordinance 477 and Summary – Title 4 Chapters 2,3,4 and 14 - Bartender (Ron)*
3.Eastern Interceptor Pipe Material Selection and Ratification (Forsgren)*
4.Ordinance 476 and Summary – Title 10 Approved Changes from 6-18-09*
5.Resolution 2009-015 - Destruction of Records - Building Plans (Leslie)*
6.Salvage Public Works: 7 Wood Dining Chairs, 3 Office Chairs, 5 Church Benches, 2 Cabinets (all very old and in need of major
repair – if at all, repairable) (Leslie)*
DISCUSSION ITEMS:
1.Hawks Landing Lighting District (Ron)*
2.Sonic Weeds (Ron)
3.Gun Immunity Section to be Added to Personnel Manual or Not (Scott)*
4.Misc.
MINUTES
City Officials Present:
Mayor Bruce Ard
Councilmember Dana Kirkham
Councilmember Rex Thompson
Councilmember Randy Waite
Councilmember Brian Powell
City Attorney Scott Hall
City Clerk Leslie Folsom
City Planning Director Ron Folsom
City Engineer Lance Bates
City Treasurer Jennifer Belfield
City Officials Absent:
Councilmember Lee Bean (via phone for Action Items 1 & 2)
CALL TO ORDER:
Mayor Bruce Ard opened the meeting at 7:35 p.m. at the City Office building at 2135
South Ammon Road. Councilmember Thompson led the Pledge of Allegiance. Councilmember Powell gave the
prayer.
Council Minutes 7-2-09 Page 1 of 6
MINUTES:
ITEMS FROM MAYOR:
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday July 2, 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.Big Bear/Phantom Fireworks – Retail Sale of Safe & Sane Fireworks – 3450 E. 17
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B.Anderson, Sarah Nicole – Massage Therapy – 3047 S. 25 E.
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Nana’s Daycare & Preschool – Daycare & Preschool – 2660 E. 1 Street
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B.Clear Talk / NTCH – Cell Antenna – 4381 S. 25 E.
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C.East Idaho Credit Union – Credit Union – 3255 E. 17 Street
HOME OCCUPATION PERMITS:
1.NEW HOME OCCUPATION PERMITS:
A.Lone Peak Blinds – E-Commerce – 2429 S. Eagle Dr. Apt. #102
B.Eric’s Auto Repair – Minor Auto Repair – 800 Tennis Court
C.Basket Kase, LLC/Filutze, Sue – E-Commerce – 3085 Willowwood
2.RENEWAL HOME OCCUPATION PERMITS:
A.Hotwire Electric, LLC – Electrical – 3000 Meadow Lane
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Endow, Fred – Bartender/Sol Rio – 2635 S. 25 E.
Business License*:
Councilmember Kirkham motioned to approve the Business License consent
agenda as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Powell – Yes, Councilmember Waite - Yes, and Councilmember Thompson – Yes. The motion
passed.
Accounts Payable – Exhibit A:
Councilmember Powell asked about a check for Sommer Construction
contingency. Lance said this was for the $600,000 Sunnyside project. He stated that Hawks has reimbursed us.
Councilmember Kirkham motioned to approve Accounts Payable – Exhibit A as presented.
Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes,
Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
Jennifer stated that Bruce Patterson has completed the charts for the
Council’s review and she feels it’s accurate. She will have the budget fairly completed this month and then in
August she can make the final adjustments. Councilmember Thompson stated that the fire and police went from
2/5 to 3/5 of the City budget over the last five years. He stated the fire department has been increased more each
time. Jennifer stated they just did the remodel and this won’t be done next year.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
Council Minutes 7-2-09 Page 2 of 6
1. Title 4 Chapters 2, 3, 4, Proposed Revisions and Proposed New Chapter 14*:
Ron went over the
items that have been changed. Ron clarified in Chapter 2 that anyone serving any liquor will need to have a
bartender’s license and we will have a separate chapter for a bartender’s license. Chapter 3 added clarification of
beer by the drink. Chapter 4 corrected the bartender language. Ron stated that he has prepared two versions.
Version 1 removes the DUI totally and the permit has changed the business license language. Version 2 is similar to
the original except the DUI language which is effective for two or more violations.
Council called Councilmember Bean to receive his vote. Councilmember Bean was put on speaker phone
for the Council to make the motion.
Councilmember Kirkham motioned to adopt the changes to Chapters 2, 3, and 4 of Title 4 and accept
Version 1 of the new Chapter 14. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham –
Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Waite - Yes and Councilmember
Thompson – No, he feels it’s incorrect to delete the DUI’s from the language, but would accept the Chapters 2, 3,
and 4 changes, but not Version 1 of the new proposed Chapter 14.
2. Ordinance 477 and Summary – Title 4 Chapters 2, 3, 4 and 14 - Bartender (Ron)*:
Councilmember Powell read Ordinance 477 and Summary,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, AMENDING, REPEALING AND RENUMBERING PORTIONS OF THE CITY CODE TITLE 4, CHAPTER 2, LIQUOR BY THE
DRINK, CLARIFYING THE DEFINITION OF A BARTENDER AND REMOVING BARTENDER LICENSING FROM THIS CHAPTER,
ADDING LANGUAGE REQUIRING LICENSE TO SELL AND DISPENSE ALCOHOL, REPEALING SECTIONS 4 THROUGH 13 OF
THIS CHAPTER AND RENUMBERING REMAINING SECTIONS TO INCLUDE SECTIONS 13 THROUGH 20 INCLUSIVE; CHAPTER
3, BEER, ADDING A NEW DEFINITION OF BEER BY THE DRINK, CLARIFYING THE REQUIREMENTS OF A BARTENDER’S
LICENSE TO DISPENSE BEER BY THE DRINK, CHAPTER 4, WINE; CLARIFYING THE REQUIREMENTS OF A BARTENDER’S
LICENSE TO DISPENSE WINE BY THE DRINK; ADDING A NEW CHAPTER 14, BARTENDER’S LICENSE; PROVIDING FOR
Councilmember Powell
SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
motioned to recommend 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 and that a summary of Ord. 477 of the City of Ammon be
published. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember
Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes and Councilmember Thompson – Yes.
The motion passed.
Councilmember Powell read Ordinance 477 and Summary,
AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING, REPEALING AND RENUMBERING PORTIONS OF THE CITY CODE TITLE 4, CHAPTER 2, LIQUOR
BY THE DRINK, CLARIFYING THE DEFINITION OF A BARTENDER AND REMOVING BARTENDER LICENSING FROM THIS
CHAPTER, ADDING LANGUAGE REQUIRING LICENSE TO SELL AND DISPENSE ALCOHOL, REPEALING SECTIONS 4 THROUGH
13 OF THIS CHAPTER AND RENUMBERING REMAINING SECTIONS TO INCLUDE SECTIONS 13 THROUGH 20 INCLUSIVE;
CHAPTER 3, BEER, ADDING A NEW DEFINITION OF BEER BY THE DRINK, CLARIFYING THE REQUIREMENTS OF A
BARTENDER’S LICENSE TO DISPENSE BEER BY THE DRINK, CHAPTER 4, WINE; CLARIFYING THE REQUIREMENTS OF A
BARTENDER’S LICENSE TO DISPENSE WINE BY THE DRINK; ADDING A NEW CHAPTER 14, BARTENDER’S LICENSE;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
Councilmember Powell moved the adoption of Ordinance 477 and Summary as an ordinance of the City of Ammon
on this third and final reading and that a summary of Ord. 477 of the City of Ammon be published.. Councilmember
Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes,
Councilmember Bean – Yes, Councilmember Waite – Yes and Councilmember Thompson – No, he was in favor of
Chapter 14 Version 2. Councilmember Bean was released from the phone.
3. Eastern Interceptor Pipe Material Selection and Ratification (Forsgren)*:
Dave Noel, 3411
Sparrowhawk advised the Council that this will be much less than projected. He reminded the Council that they
were looking at two types of pipe and their material costs. The projects estimated costs, based on using standard
materials, were going to be in the $9 million range for materials only. They decided to look at the Duramax product
because they felt they could get the costs down. They did a test section which tested out good. They have now done
a price re-selection. They received costs for fiberglass pipe, solid wall PVC but thinner grade, brand new pipe N12
high performance pipe but they don’t have any of it installed except in Texas, RCP which is straight concrete pipe
but DEQ has stated that we can’t use this, PVC/RCP which is concrete with PVC lining and the Duramax Product.
We can get the Duramax Product at approx. $3 ½ million including taxes. Taxes are due since the contractor will be
purchasing the pipe. Lance said the savings will help offset the deepening of the pipe costs. The current design is
14 feet and going down to Shelley, but we will need to make it deeper to get rid of our lift stations. They are 25 feet
deep at the other end, but they found you could increase the pipe size from 42” to 48” for approx. 2 miles and then
for three miles they could flatten to 42” and maintain the flow capacity but the increased cost for pipe material and
Council Minutes 7-2-09 Page 3 of 6
labor is $2 million. The pipe will be moved to the East which means as we bring the pipe from the current lift
stations we won’t need as much fall. This week they have sent the surveyor out to get the numbers. Mayor Ard
stated that this will get rid of our lift stations. He asked the Council to approve the pipe selection. Dave stated the
test section was good. Dave is proposing the Duramax with a range from 36” to 48” pipe. There were 11 general
contractors and 5 sub-contractors through the pre-selection. Councilmember Powell asked when they need to
purchase the material. Dave stated they have two options, of which, he suggests we approve option 1 which has the
contractor purchase it at a specified price and be responsible, if anything goes wrong with the pipe. Option 2 makes
the City purchase it and give it to the contractor but they feel there is a risk if a contractor has a problem with the
pipe and the blame game starts. Dave said they thought there might be significant cost savings to buy it direct, but it
only showed $75,000, in exchange, for the City assuming the liability risk. Mayor Ard stated the contractor will be
responsible for the timing of the delivery of the pipe. They will hold the price for 18 months. Dave is hoping to go
out for bid this month but they are in the review process. Construction timeline is 5 months but there is a winter
shut down so it depends on when the project gets started. The Army Corp. of Engineers has their own set of
reviews and it is sitting with them, at this time. They anticipate being done by the fall of 2011 with the construction.
Dave asked the Council to consider going on a tour of the plant when they can arrange it. Council stated
they will coordinate with Leslie.
Councilmember Kirkham made a motion to approve the use of the ConTech Duramax Pipe on the Eastern
Ammon Interceptor. Councilmember Waite seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Waite – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion
passed.
4. Ordinance 476 and Summary – Title 10 Approved Changes from 6-18-09*:
Ron clarified with
Council this is the Ordinance of the items that were approved on 6-18-09.
Councilmember Powell read Ordinance 476 and Summary,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE
OF IDAHO, AMENDING AND ADOPTING TITLE X, PLANNING AND ZONING; CHAPTER 2, REPEALING AND READOPTING DEFINITIONS; CHAPTER 5,
SUPPLEMENTAL REGULATIONS, CLARIFYING CLEARVIEW OF INTERSECTING STREETS AND WAYS; CHAPTER 6, REPEALING AND READOPTING
MOVING BUILDINGS; CHAPTER 29, SUBDIVISION REGULATIONS, CLARIFYING APPROVAL AND RECORDING PROCESS FOR PLATS, ADDING
MITIGATION OF IMPACT LANGUAGE AND ESTABLISHING PROCESS FOR MITIGATION REQUIREMENTS;REPEALING AND READOPTING CHAPTER
32, COMMUNITCATION TOWERS AND ANTENNAS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN
Councilmember Powell motioned to recommend that the City Council dispense with the rule
EFFECTIVE DATE.
requiring the reading of the ordinance on three different days and that the three readings be waived and that a
summary of Ord. 476 of the City of Ammon be published. Councilmember Kirkham seconded. Roll Call Vote:
Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and
Councilmember Waite. The motion passed.
Councilmember Powell read Ordinance 476 and Summary,
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE
OF IDAHO, AMENDING AND ADOPTING TITLE X, PLANNING AND ZONING; CHAPTER 2, REPEALING AND READOPTING DEFINITIONS; CHAPTER 5,
SUPPLEMENTAL REGULATIONS, CLARIFYING CLEARVIEW OF INTERSECTING STREETS AND WAYS; CHAPTER 6, REPEALING AND READOPTING
MOVING BUILDINGS; CHAPTER 29, SUBDIVISION REGULATIONS, CLARIFYING APPROVAL AND RECORDING PROCESS FOR PLATS, ADDING
MITIGATION OF IMPACT LANGUAGE AND ESTABLISHING PROCESS FOR MITIGATION REQUIREMENTS;REPEALING AND READOPTING CHAPTER
32, COMMUNITCATION TOWERS AND ANTENNAS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN
Councilmember Powell motioned to accept Ord. 476 and Summary as an ordinance of the City of
EFFECTIVE DATE.
Ammon on this third and final reading and that the summary of Ord. 476 be published. Councilmember Kirkham
seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember
Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
5. Resolution 2009-015 - Destruction of Records - Building Plans (Leslie)*:
Leslie explained that this
is for the destruction of residential building plans prior to January 2007.
Councilmember Kirkham motioned to approve Resolution 2009-015 for the destruction of records.
Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson
– Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed.
6. Salvage Public Works: 7 Wood Dining Chairs, 3 Office Chairs, 5 Church Benches, 2 Cabinets (all
very old and in need of major repair – if at all, repairable) (Leslie)*:
Leslie informed the Council that they
can decide what they want with these products. The rules for destruction are for the County but not for Cities. Scott
Hall recommends that the Council adopt a policy to make it clear and recommends it be similar to the County.
Leslie would like to recommend a base figure of $5000 since it is consistent to assets, etc. This will give the
Council Minutes 7-2-09 Page 4 of 6
Council the right as to the destruction but not needing publications. Scott stated he wonders if the Council wants to
go that high. He also recommends prohibiting elected officials, staff and family members from being able to
purchase the items.
Councilmember Kirkham motioned that the 7 wood dining chairs, 3 office chairs, 5 church benches, and 2
cabinets have no value and to approve the disposal of the items. Councilmember Powell seconded. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and
Councilmember Waite – Yes. The motion passed.
DISCUSSION ITEMS:
1. Hawks Landing Lighting District (Ron)*:
Ron showed the Council the light that is currently in
Hawks Landing but Rocky Mountain Power won’t accept. Jeff moved forward without Lance’s approval. Lance
had asked for more information. Jeff has recommended the homeowners association maintain the lights and pay
Rocky Mountain Power, plus a separate contractor to service the lights.
Scott has recommended that a lighting district be created, so it becomes its own taxing district but the City
has to administer it and charge a fee. Ron stated that Jeff knows the City wants a lighting district but Rocky
Mountain will not maintain them with the existing lights. Rocky Mountain is currently looking at these lights to see
what would need to be adapted. Ron stated there are 10 or 12 of the lights. Scott asked why we don’t want all the
lights to be consistent.
Council directed Ron to move forward with the lighting district. Ron asked if that is the direction we want
to go with all the divisions using selective lighting. Scott asked do you want a subdivision to always have a lighting
district. Council concurred that they want to move ahead on the lighting district on all selective lighting divisions.
2. Sonic Weeds (Ron):
Ron tabled. Councilmember Kirkham asked what we are doing on weeds in
vacant lots. Shawna is disbursing letters to the violators. Scott wants Ron to clarify the penalty section to add
weeds. Scott has talked with Jeff Pettingill the person in charge of the noxious weeds and the County gets funds t
control the noxious weeds. They appreciate what Shawna is doing so she can report to them but when it comes to
noxious weeds if our ordinance matches the County’s, we would get some feedback and then the County would do
the enforcement. Councilmember Powell said the Idaho Code gives the City no authority – it is only the County that
has this authority. Ron will work on this.
3. Gun Immunity Section to be added to Personnel Manual or Not (Scott)*:
Scott advised the
Council of the new gun immunity section. He suggested the City adopt a policy whether we want to allow
employees to store guns in their vehicles but not outside of the vehicles. Scott said Idaho’s history is every truck has
a gun rack, so based on the comments, he will assume that the Council wants to allow this. Council concurred.
Councilmember Powell said he would like Shawna to get tazer certified. Councilmember Kirkham will check with
Sam Hulse.
4. Misc.:
Lance updated the Council on Tank 1 and Sunnyside Sewer. He feels it will take another
month to wrap it up.
Ron said Gerald Williams is ready to give a presentation on the floodplain study that has been done but
they want to do it in conjunction with the County Commissioners and possibly cover the impact area at the same
time. A resident had called the newspaper to cover our floodplain and she was excited and requested the
information because she will do her best to get the City some money. Ron will call the abatement district to find
what is happening with the mosquitoes.
Councilmember Waite asked about the meeting he missed on the pool and day to day goings on, so the staff
has been calling him and he feels its being very inefficiently run now. Mayor Ard said Jennifer Kerner is in charge
of the day to day operations but if there is a question then she can be talked to. Councilmember Waite said when
Jennifer Belfield needs to talk with Jennifer Kerner she doesn’t answer her cell phone so she is unable to be reached.
Councilmember Kirkham stated that Jennifer Kerner is not at the pool most of the time anymore and is very difficult
to be reached. Mayor Ard stated that staff should not change what Jennifer Kerner has going on, if it is working.
Jennifer Kerner needs to be talked to as an equal. Leslie requested that this be further discussed in executive
session.
Council Minutes 7-2-09 Page 5 of 6
Councilmember Thompson said the weeds are very tall in Bridgewater. Dave said due to rain delays, the
weeds are just now being sprayed. Scott asked Leslie to check with Shawna and make sure she is aware of this
location.
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Councilmember Kirkham asked Lance about the potholes on Crowley and 21. Lance said they are still
working on them. Councilmember Kirkham asked about Quailridge’s pothole. Lance said with Well 9 there is a lot
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of work to be done before they do that repair. Lance stated he will check on the corner of 60where this pothole is
at.
Councilmember Powell asked about the valley with the scrub coating, there is a low spot and you get Lake
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Michigan on 21 Street. He asked Lance if he had heard anything more concerning the Quailridge drainage field.
Lance has not.
Leslie advised the Council of the cloud seeding invoice and asked if they wanted to continue to pay it.
Council agreed to pay the invoice. She advised the Council concerning a homeowner that had not paid for City
services since Feb. 14. 2005, of which; she will be shut off next week and wanted the Council to be aware of this
and how the procedures had been followed.
Councilmember Kirkham moved to enter into executive session pursuant to provision of Idaho Code 67-
2345, subsection 1 (b). Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion
passed.
The meeting adjourned at 9:10 p.m.
_____________________________________
C. Bruce Ard, Mayor
__________________________________
Leslie Folsom, City Clerk
Council Minutes 7-2-09 Page 6 of 6