11192009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, NOVEMBER 19, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
AMENDED
CITY COUNCIL AGENDA
THURSDAY, NOVEMBER 19, 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:
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
New Office Personnel
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Retract Impact Area Request with Bonneville County (Kirkham)
2.Ordinance 484 Title 1, Chapter 7 Appointive Positions (see Ron – Bean)*
3.Eastern Idaho Regional Sewer - Joint Power Board Appointment (Bean)
4.Memorandum of Understanding (Bean)
5.Pay Increases (Bean)
6.Mutual Use Agreement for Fire Water Tender (Stacy)*
7.Snow Proclamation Procedure and Approval (Lance)*
DISCUSSION ITEMS:
1.City Mgr. Form of Government versus City Administrator (Bean)
2.Hiring and Firing (Bean)
3.Business License Grant Application Policy*
4.Misc.
EXECUTIVE SESSION:
1. Personnel Pursuant to Idaho Code 67-2345 (1-a) (Mayor/Jennifer/Leslie)
MINUTES
City Officials Present:
Mayor Bruce Ard (arrived at 7:35 p.m.)
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Rex Thompson
Councilmember Brian Powell
Councilmember Randy Waite
City Attorney Scott Hall
City Clerk Leslie Folsom
City Planning Director Ron Folsom
City Engineer Lance Bates
City Treasurer Jennifer Belfield
11-19-09 Council Minutes Page 1 of 7
City Officials Absent:
None
Councilmember Kirkham 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 and Councilmember Bean offered a
prayer.
MINUTES:
None
ITEMS FROM MAYOR:
None
CONSENT AGENDA:CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday November 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.Cornerstone Counseling – Counseling – 3544 E. 17 Street, Suite #204
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B.World Gym – Fitness Center – 939 S. 25 E.
C.Sunnyside Tesoro/Coffee Shop – Coffee Shop – 2523 E. Sunnyside Rd.
2.RENEWALBUSINESS LICENSE APPLICATION:
A.Decker, Paul R. – Finance – 3583 E. Briarcreek Ln.
th
B.Jones, Karen Marie – Daycare Employee – 4366 E. 17 Street
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C.Dansie, Robert N. – Certified Public Accountant – 3456 E. 17 Street, Suite #185
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D.Interstate Brands Companies – Retail Sales – 3035 E. 17 Street
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E.Battelle Energy Alliance – Engineering – 2752 E. 14 N.
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F.Idaho Elite Gymnastics & Cheer – Instruction – 2612 E. 14 N.
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G.Key Bank National Association – Banking – 2655 E. 17 Street
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H.B.J. Alan Fireworks/K-Mart #4748 – Retail Sale of Safe & Sane Fireworks – 3101 E. 17 Street
I.Zirker Family Dentistry – General Dentistry – 1801 S. Ammon Rd.
st
J.Southard, Virginia M. – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street
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K.Grand Teton Storage – Storage Units – 2595 E. 17 Street
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L.Pojo’s Family Fun Center – Arcade – 2625 S. 25 E.
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M.Alyce Clegg Photography, LLC – Photography – 3160 E. 17 Street, Suite #130
N.Nature’s Path – Retail Sales – 1615 Curlew
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O.Big 5 Sporting Goods #240 – Retail Sales – 1851 S. 25 E.
HOME OCCUPATION PERMITS:
1.RENEWAL HOME OCCUPATION PERMITS:
A.Hattie Bates Photography – Photography – 1117 Newgate Drive
B.Emerald Healing, LLC – Massage Therapy – 1830 Heather Circle
C.Blue Bug Media – E-Commerce – 2186 Frontier Drive
D.Karen’s Cookies - E-Commerce – 2186 Frontier Drive
E.Sanders, Carol A. – Accounting – 2835 Salmon
F.Finikitty Soap Co. – Manufacturing & Retail Sales – 2925 Carolyn Lane
G.Loveland Rentals – Storage Units – 3325 Rawson
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Firehouse Grill – Restaurant/Liquor by the drink/Beer & Wine sales on premise – 2891 S. 25 E.
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B.Fenton, Krisa – Bartender/Texas Roadhouse – 2535 S. 25 E.
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C.Great Hunan Chinese Restaurant – Restaurant/Beer Retail on Premise – 2647 S. 25 E.
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D.Anderson, Scott Wade – Bartender/Firehouse Grill – 2891 S. 25 E.
11-19-09 Council Minutes Page 2 of 7
MISC: MASSAGE ESTABLISHMENT:
1.RENEWAL MASSAGE THERAPIST LICENSE:
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A.Tew, Chantel Helen – Massage Therapist/Massage Envy – 3047 S. 25 E.
Business License*:
Councilmember Bean motioned to accept the consent agent for November 19,
2009. 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.
Accounts Payable – Exhibit A:
Councilmember Powell asked concerning the grant fund and if the
money matches the expenditures. Jennifer stated yes they do. Councilmember Bean motioned to accept the
accounts payable for November 19, 2009. 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: New Office Personnel:
Jennifer stated that the audit has started and
is going well. She advised that the new member of office personnel has been hired and her name is April Baler.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
PUBLIC HEARINGS:
None
ACTION ITEMS:
1.
Retract Impact Area Request with Bonneville County (Kirkham): Councilmember Kirkham
motioned to request to open the agenda to add an action item, because action is necessary before the scheduled
planning and zoning public hearing on December 2, 2009. Councilmember Bean seconded. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember
Waite – Yes and Councilmember Powell – Yes. The motion passed.
Councilmember Kirkham read the following: In the past several years, the City of Ammon residents voted
overwhelming to approve $30 million in bonds for water and sewer infrastructure to provide services that rival any
municipality in Eastern Idaho. It is the fiduciary duty of the City Council of Ammon to protect and promote those
investments made by the tax and fee paying constituents that live in the City of Ammon. The City of Ammon with
its partners the City of Shelley, Bingham County and Bonneville County have worked together through the years to
develop a solution to accommodate future growth on both the City and County levels. The City of Ammon has
enjoyed its working relationship with these agencies in forming the Regional Wastewater Authority, which is a
wonderful example of how communities can come together in solving common problems. The City of Ammon
holds the rights of any property owner in the highest regard and fully respects their desire for which jurisdiction their
property falls within and looks forward to positive dialogue with any resident that lives in future areas of impact
north, south, east or west of the current area of impact. The beginning process requesting an area of impact for a
th
City is a County public hearing. It wasn’t until the County public hearing on Wednesday, November 18 that
Ammon City officials were made aware of the concerns held by residents living in the proposed area of impact or
Ammon. County residents testifying, at the recent meeting, expressed that they have a sincere desire to remain
under the jurisdiction of Bonneville County. A recommendation was given by the Bonneville County Planning and
Zoning for the City of Ammon and the City of Idaho Falls to work together in building a cohesive and economically
viable alternative area of impact that satisfies the growth of both municipalities on their southern borders. The City
of Ammon respects the direction and recommendation set forth by the Bonneville County Planning and Zoning
Commission and as such looks forward to alternative solutions or proposals presented by the City of Idaho Falls to
the City of Ammon.
Therefore, I make a motion that the City of Ammon drafts a formal response to the Bonneville County
Commissioners to withdraw the City of Ammon’s proposed area of impact. 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.
11-19-09 Council Minutes Page 3 of 7
2.
Ordinance 484 Title 1, Chapter 7 Appointive Positions (see Ron – Bean)*:
Councilmember Bean
went over the appointed positions and updated the ordinance for the current positions that are appointed. They are
City Clerk, City Treasurer, City Attorney, City Administrator, Building Official, City Engineer, Fire Chief, Planning
Director, IT Director, Parks Director and any such appointed offices that the Council deems necessary. Scott said
currently its City Clerk, City Treasurer and City Attorney; however, with the City’s growth other positions have
been added and need to be included.
Councilmember Bean read Ordinance #484
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, AMENDING THE CITY CODE TITLE 1, GENERAL ADMINISTRATION, CHAPTER 7, APPOINTIVE OFFICERS, SECTION 1,
APPOINTMENT; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE
Councilmember Bean motioned to recommend that the City Council dispense with the rule requiring the
DATE.
reading of the ordinance on three different days and that the three readings be waived. 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
Councilmember Bean read Ordinance #484
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, AMENDING THE CITY CODE TITLE 1, GENERAL ADMINISTRATION, CHAPTER 7, APPOINTIVE OFFICERS, SECTION 1,
APPOINTMENT; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE
Councilmember Bean motioned the adoption of Ordinance #484 as an ordinance of the City of Ammon on its
DATE.
third and final reading. 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
3. Eastern Idaho Regional Sewer - Joint Power Board Appointment (Bean):
Councilmember Bean
stated with Mayor Ard leaving the City, whereas he has been our representative on the regional sewer board, that we
need to have another elected City official appointed to this position and another at large appointed. He would like to
recommend that he fills the Council position, since he has been involved the longest with the Regional Sewer.
Councilmember Bean motioned to appoint Mayor Ard as a board member representing the City of Ammon
and allow him to continue with his duties thereon to make sure the sewer line continues as planned. Councilmember
Kirkham seconded and stated that he has the institutional knowledge that the City needs. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember
Waite – Yes, and Councilmember Powell – Yes. The motion passed.
4. Memorandum of Understanding (Bean):
Councilmember Kirkham motioned to table the
Memorandum of Understanding. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember
Waite – Yes. The motion passed.
5. Pay Increases (Bean):
Councilmember Bean wanted to make sure that City staff remembers the City
is still under a hiring freeze and approval of any new employees requires the approval of the City Council.
Additionally, pay increases above and beyond policy must be approved by City Council, as well. This shouldn’t
have been an action item, since it is just a clarification item.
6. Mutual Use Agreement for Fire Water Tender (Stacy)*:
Stacy Hyde, Fire Chief stated he has been
working with the Bonneville County Fire District to acquire their excess fire water tender. The City can use it, as
long as the City needs it. Scott has looked at the agreement and everything is cleared on the agreement. The City
will need to provide maintenance and insurance. Councilmember Thompson asked if they can use it while in our
possession. Stacy said no. They can only use it if they request it from us, using our personnel to assist them. Stacy
requested to have it DOT inspected and fixed, prior to the City accepting it, since the last one cost us $5000 in
repairs. Councilmember Bean asked if it is titled in the City’s name. Stacy said we put it in the City’s name with
the County holding a lien. Councilmember Powell asked if this can assists us with fire needs in the foothills. Stacy
said anywhere we need it.
Councilmember Powell motioned to accept the mutual use agreement for the fire water tender and
authorize the Mayor to sign. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes,
11-19-09 Council Minutes Page 4 of 7
Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and
Councilmember Waite – Yes. The motion passed.
7. Snow Proclamation Procedure and Approval (Lance)*:
Lance stated in order to prepare for the
season he has asked Ray to come forward to explain their request for the new snow procedures. Councilmember
Powell asked how we will get this information out to all the residents. Scott said we could start the new statements
next month, instead of waiting until January. Ray stated that snow removal is very crucial with the new garbage can
system. Cul-de-sacs are a huge issue and we will have to bring the snow to the front of the grassy areas. They are
looking at doing a four day week, in order, to help with snow storms. Snow fall of less than 3” will be done by
sanding equipment. If over 3”, the primary streets will be hit first. There is an agreement with the County,
whoever gets to the joint shared streets first will do it. Councilmember Bean asked about the main streets and if it is
possible to sand the whole street or just the intersections. Ray said the City currently only does the intersections.
Councilmember Powell asked about railroad crossings. Ray said we do them. Lance said if they get reports of slick
spots, then they go fix it. Ray said they have three sanding trucks. Ray said the City takes a 15 hour cycle to clear
the streets after a snow storm. Lance said without cul-de-sacs. Councilmember Bean asked if the City bought more
equipment. Ray said a dump truck and a sander. Ray said when a snow storm comes; they will move all equipment
to first handle that day’s area of garbage collection. They hope to start early enough to have the roads cleared before
the constituents put out their garbage containers. Councilmember Kirkham asked about the week after Christmas to
run the manual trucks, as well, to collect the Christmas paper. Ray stated this was news to him. Councilmember
Kirkham said to plan for this. Ray said he could bring in temporary help for this. Leslie stated we should give the
constituents notification with the snow proclamation. Councilmember Kirkham said to remind the constituents that
we don’t take Christmas trees. Scott said he might also explain, during the winter session to not put the garbage out
the night before. Ray stated cul-de-sacs will be handled after all other roads. There might be emergency situations
where the Mayor/Council will be contacted for an immediate response. The County furnishes the City with sand
and salt, in exchange for their access to the storage shed by Well 6.
Ray said the budget is based on six snow storms and it comes out at $37,000 per storm. There is
another $129,000 for capital investment in snow removal equipment, which is for two sanding beds and a shed.
They feel the best way to handle cul-de-sacs is using a snow blade mounted on a skidster. One has a push-pull
option, so if they need to they can pull it up into a driveway and then pull it back without touching the driveway.
We would buy the snow boxes and lease two front end loaders this year. There are some road graders that are good
under different circumstances and he recommends leasing the truck and driver. We have a budget of $129,000 and
by reallocating it and we would spend approx. $120,000 based on six snowfall events. Each additional snowfall
would cost approx. $15,000. Councilmember Bean asked how many boxes and the cost. Ray said $9200 for two.
He doesn’t want to tie up the final dump truck, in case we have an issue with water. Ray said they will lease the
front end loaders for three months at a cost of $7200, which is tied to a certain number of hours usage. This is 90
hours, per machine, per month. Ray said they have advertised for on-call equipment operators and the rate is to be
determined. Ray said some of the issues last year were due to the constituents putting the snow from their property
onto the streets. He wants it clear to the constituents that the snow must be contained on the constituent’s property.
We will need citizens’ cooperation to do this. Lance showed the guidelines to the Council. Ray said we need the
proclamation to be able to get the snow off the streets.
Councilmember Kirkham motioned to give approval to move forward with the snow proclamation
procedures and authorize the Mayor to issue the snow proclamation. 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.
DISCUSSION ITEMS:
1. City Mgr. Form of Government versus City Administrator (Bean):
Councilmember Bean said
there had been some discussion as to hiring a City Administrator. He would like to look at a City Mgr. form of
government, prior to continuing the City Administrator discussion. Councilmember Kirkham said they should
gather some information and details. She volunteered to gather the information. Councilmember Bean said all the
Council should go into statutes and research them also. Ron advised Councilmember Kirkham that he has
previously researched this topic. Councilmember Kirkham stated she will meet with him. Lance said Twin Falls
has had a City Manager for over 30 years.
11-19-09 Council Minutes Page 5 of 7
2. Hiring and Firing (Bean):
Councilmember Bean said he would like to look at hiring new and
replacement personnel needing Council approval. Councilmember Bean said when we fire an individual that City
Council probably should discuss this in executive session before it is done. Lance said Scott was aware of this the
latest occurrence. Councilmember Bean said next time bring it to Council afterwards. Lance said there are times
when Council cannot be advised ahead of time. Councilmember Bean said that is fine, but just to keep the Council
aware. Leslie said Scott gave the management team a complete lesson on hiring and firing. Councilmember Bean
asked Leslie to give the information to the new Council.
Scott said Council can have discussions about annexation but you cannot have discussions concerning (land
specific) zoning or conditional uses. You can have the communications about bringing property into the City, but
how that land then gets used cannot be discussed outside of the Council meeting. After annexation, the City Council
and Mayor acts as a judicial body and you cannot separate what you have been told from what is being presented at
the public hearing. Scott said this is a very hard item to do when a friend comes up, but it has to be done.
Councilmember Powell asked about attending a planning and zoning hearing. Scott said that’s why you don’t go to
planning and zoning meetings. If someone talks to you, then you have to make that disclosure. Scott said view
yourself as a judge and come in without any preconceived ideas and then be presented with the evidence to make
your decision based on the information given.
3. Business License Grant Application Policy*:
Ron said last year we ran into a non-profit business
and he was asked by Council to write a grant for non-profits. He presented the Council with the proposed policy.
He asked Council for their comments before Friday of next week. Ron stated he didn’t want the grant just for
5013C’s, because there would be some 5013C’s that we would not want this to apply to. Ron said this would apply
to companies that are not paid, not paying volunteers, and not charging for what they do. Leslie said they must also
be temporary. Scott said the proposal includes a time limit. An example of a concern would be to have a not for
profit organization whose purpose was to overthrow the government. Whenever you create an exception to the rule,
you create a problem. They have tried to limit the scope of this problem. Scott asked the Council if they legally
don’t want to include utilities. This would create an unequal treatment, but business licenses would be easier.
Leslie stated she thought this was only for business licenses and never thought the Council was thinking about
utilities. She feels this would be a huge issue. Mayor Ard stated the Council wasn’t, but it might come up. Leslie
asked about limiting this to only so many grants per year. Scott said this was talked about, but the question would
be where the grant money would come from. Councilmember Thompson asked if this was a grant or a fee
exemption. Scott said a fee exemption.
4. Misc.:
Lance asked about the wide format printer and the state contract. Ron said this is below what
was budgeted. Lance said it will handle up to three feet wide. Ron said it does have a scanner. They will be
scanning in all the old plats from 30 years ago and print them on Mylar. Lance said they are moving forward and
there is a 10-12 day lapse. They have located a place in the building department to put it. Councilmember Powell
asked if it was in the IT budget. Ron said yes, so it can be split out.
Lance said Well 8 tank construction is behind schedule. They put in wet wells and they have failed. They
have been ripped out and are starting over. BYK, the contractor, has been good to work with. They may be
working six days a week to try and catch back up. Mayor Ard asked Jeff what happened. Jeff Freiberg, 356 West
Sunnyside said the well cans came in two pieces. They came in without the blind flanges on and it’s between
McAlvain and Pump Tech. They didn’t screw the blind flanges tight. It should be fixed by tomorrow.
Ron passed out code changes for the Council and asked them to review them and get back to him.
Councilmember Powell asked for a copy of the code changes to be put out in the front office for constituent review.
Councilmember Thompson stated in front of Rex’s there is a lid missing off a water valve. Ray said it’s an
Intermountain Gas problem and they have been contacted numerous times.
Councilmember Thompson said the sign at the corner of Wimbledon and Tiebreaker is missing. Ray will
fix it.
Councilmember Powell asked about changing the business license fees for the Wal-Mart’s, etc. that pay the
same fee as the smaller businesses. Councilmember Bean said we can only charge for the cost to provide the
license, but if he can do a cost comparison and justify they are using more of the City facilities. Leslie asked about
using the ERU’s with the individual use of the police to help support an increase in business licenses.
Councilmember Powell said we might have an argument, since it is taxed base out of the general government.
11-19-09 Council Minutes Page 6 of 7
Councilmember Powell said he will be looking at smaller cities. Scott said one of the difficult issues we have is
there are four to five large businesses that are extremely aggressive with police protection. Leslie asked if we can
charge a fee, after so many calls. Councilmember Kirkham said this will be part of the research.
Leslie asked for a clarification on making an appointment of City Council Seat 6 to finish the rest of the
current term, if they want it or not. Councilmember Kirkham stated that we are so close to January, let’s wait.
EXECUTIVE SESSION:
1. Personnel Pursuant to Idaho Code 67-2345 (1-a) (Mayor/Jennifer/Leslie)*:
Leslie advised the
Council that the personnel issue has been tabled.
Councilmember Kirkham motioned to move into executive session for pending litigation pursuant to Idaho
Code 67-2345 (1-f, j). 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.
The meeting adjourned at 8:40 p.m.
________________________________________
C. Bruce Ard, Mayor
________________________________
Leslie Folsom, City Clerk
11-19-09 Council Minutes Page 7 of 7