12172009CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, DECEMBER 17, 2009
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, DECEMBER 17, 2009 – 7:30 P.M.
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Kirkham
Prayer – Councilmember Thompson
MINUTES:
Dec. 3, 2009*
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
Statement Outsourcing & HRA Proposal*
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
PUBLIC HEARINGS:
None
ACTION ITEMS:
1.Valley Assisted Living – Sprinkler System Continued Operations/Fines/Procedural (Kurt)*
2.Eastern Idaho Regional Sewer – Operation and Maintenance Approval (Husk/Ted)
3.Well 8 Tank & Booster Station – Change Order #1 - Winter Shut Down (Lance/Jeff Freiberg)*
4.Well 9 Booster Station – Change Order #1 - Update and Direction (Lance/Jeff Freiberg)*
5.Hill Tank 1 Transmission Lines – Change Order #4 (Lance/Jeff Freiberg)*
6.Hill Tank 1 Booster Station – Change Order #3 (Lance/Jeff Freiberg)*
7.Well 11 Phase 2 – Change Order #2 (Lance/Jeff Freiberg)*
8.Ordinance 483 Cable One Franchise Agreement (Ron)*
9.Ordinance 485 & Summary Proposed City Code Changes (Ron)*
10.Reciprocal Parking Agreement – LDS Church – 2055 S. Ammon Road (Ron)*
11.Reciprocal Parking Agreement – LDS Church – 2050 Avocet (Ron)
12.Amended Policy 90-001–Animal/Enforcement Officer Policies and Procedures(New Policy90-001-1)*
13.Resolution 2009-025 – Adopting Policy 90-001-1 (Ron)*
DISCUSSION ITEMS:
1.Peterson Park Shelter Reconstruction (Ken)*
2.Misc.
EXECUTIVE SESSION:
1.Personnel Evaluations - Idaho Code 67-2345 (1-b)
2.Real Property Acquisitions - Idaho Code 67-2345 (1-c)
3.Pending Litigation - Idaho Code 67-2345 (1-f) (Ron/Scott)
MINUTES
City Officials Present:
Councilmember Dana Kirkham
Councilmember Lee Bean
Councilmember Randy Waite
Councilmember Rex Thompson
Councilmember Brian Powell (arrived 8:45p.m.)
Council Minutes Page 1 of 8
City Clerk Leslie Folsom
City Engineer Lance Bates
City Planner Ron Folsom
City Treasurer Jennifer Belfield
City Officials Absent:
Mayor Bruce Ard
CALL TO ORDER:
Councilmember Kirkham opened the meeting at 7:30 p.m. at City Hall building located
at 2135 South Ammon Road. Councilmember Kirkham led the Pledge of Allegiance. Councilmember Thompson
led the prayer.
MINUTES:
Dec. 3, 2009*: Councilmember Kirkham motioned to approve the minutes for Dec. 3, 2009.
Councilmember Waite seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes,
Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
ITEMS FROM MAYOR:
None
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday December 17, 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.Creations West – Retail Sales – 3544 E. 17 Street, Suite #202
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B.Nexant, Inc. – Energy & Carbon Management – 3456 E. 17 Street, Suite #260
C.Teton Vision Center – Optometry – 1340 S. Ammon Rd.
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Imberi, Emily – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street
B.Liberty Square Retirement – Retirement Living – 2475 S. Ammon Rd.
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C.Taylor, Amanda – Daycare Employee/Snake River Montessori – 2970 E. 1 Street
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D.Hanson, Margaret - Daycare Employee/Snake River Montessori – 2970 E. 1 Street
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E.O’Neil, Hayley – Daycare Employee/Sunny Day’s Daycare – 4366 E. 17 Street
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F.Sunny Day’s Daycare - Commercial Daycare Maximum Children (50) – 4366 E. 17 Street
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G.King, Kelly - Daycare Employee/Snake River Montessori – 2970 E. 1 Street
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H.Ammon Medical and Urgent Care PLLC – Urgent Care Facility – 3456 E. 17 Street, Suite #12
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I.Russell, Dana – Daycare Employee/Sunny Day’s Daycare – 4366 E. 17 Street
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J.Griffin, Joanie – Daycare Employee/Snake River Montessori – 2970 E. 1 Street
HOME OCCUPATION PERMITS:
1.RENEWAL HOME OCCUPATION PERMITS:
A.B & L Flags – E-Commerce – 3075 Devonwood
B.Henriksen, Butler Design Group – Design – 3560 Rich Lane
C.Eagle Mountain Marketing – E-Commerce – 2855 Sawtooth
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Boyd, Timothy J – Bartender/T.G.I. Friday’s – 2665 S. 25 E.
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B.Duran, Maria – Bartender/Sol Rio – 2635 S. 25 E.
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C.Van Leuven, Lacy – Bartender/Firehouse Grill – 2891 S. 25 E.
2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
Council Minutes Page 2 of 8
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A.T.G.I. Friday’s – Restaurant/Liquor by the drink/Beer/Wine on premise – 2665 S. 25 E.
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B.Griffith, Mary Anne – Bartender/Texas Roadhouse – 2535 S. 25 E.
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C.Harrison, Amber – Bartender/Firehouse Grill – 2891 S. 25 E.
MISC: APPROVED PENDING CERTIFICATE OF OCCUPANCY:
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A. Teton Retinal Institute, PA – Ophthalmology Practice – 3544 E. 17 Street, Suite #105
Business License*: Councilmember Thompson motioned to approve the Business Licenses, as
presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember
Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Bean – Yes. The motion passed.
Accounts Payable – Exhibit A: Councilmember Waite motioned to approve the Accounts Payable –
Exhibit A, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Waite – Yes,
Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion
passed.
ITEMS FOR/FROM TREASURER:
Statement Outsourcing & HRA Proposal*: Jennifer presented her
spreadsheet on the HRA proposal. She would like to propose starting an HRA account and offering the HRA to all
employees. Those employees who choose not to go into the City insurance plan can use the HRA to pay their own
insurance plan’s premium or to pay medical expenses. The HRA would equal approx. 80% of the entire premium of
each employee covered under the City plan. Councilmember Kirkham inquired as to when the 80% of the premium
would come into play. Jennifer said the 80% would come into play for each employee who chooses not to
participate. Councilmember Kirkham asked if the $4 per month charge is if we change brokers. Jennifer said yes
there is a per participant charge of $4 for the HRA and $4 for the cafeteria. Councilmember Kirkham said we would
be looking at going to both plans. Councilmember Kirkham said the Council would like the next few days to go
over the spreadsheet.
Jennifer said that she has received six estimates on outsourcing and she presented the spreadsheet. She
would like Leslie, Councilmember Kirkham and herself to go over the results and have the blessings from the
Council to accept what the group decides. Council was ok with this request.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
Sean Coletti, 4281 Birchwood
Circle, Ammon, ID. 83406 stated that there are INL employees in Ammon that are parking next to Kmart. Leslie
stated she had Shawna pursue a conversation with the manager of Kmart to inquire if parking in Kmart’s lot could
be used for the INL employees. She stated that there wasn’t a problem. Council requested that Leslie get a letter
from the management and a map showing the location that would be available for INL parking use. Leslie stated
she will get this done.
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Valley Assisted Living – Sprinkler System Continued Operations/Fines/Procedural (Kurt)*:
Kurt Velman, Fire Marshal stated that Valley Assisted Living has had some issues over the past year and he has
been working with five different managers to get portions of the sprinkler system repaired or replaced. Sunday night
they had a break, which took the system out of operation. The City began a fire watch; however, this created some
liability for the City. They have now brought the system back on line. He is going to require them to have an Idaho
certified fire protection engineer access the system for replacement or repair. Scott said this was put on as an action
item, since at the time the agenda was created we weren’t sure if the City was going to have to order the facility to
shut down and vacate the premises. We have talked with the State Fire Marshal who stated they have to have a state
certified engineer’s assessment and a plan to repair or replace whatever needs to be taken care of. This information
from the State was discovered after the fact and the agenda would have had to be amended, so it was left as an
action item. It can be tabled, at this point, but the facility may need to be shut down in the future. Kurt said the
State Dept. of Health and Welfare has been notified and might be taking action also.
Council Minutes Page 3 of 8
Councilmember Kirkham motioned to table the Valley Assisted Living sprinkler system, until further
notice. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean –
Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
2. Eastern Idaho Regional Sewer – Operation and Maintenance Approval (Husk/Ted):
Husk
Crowther, Forsgren Assoc. in Rexburg stated that there will need to be a certain amount of money, in order to put
the sewer into operation. The funds will be needed for salaries, electricity, advertising for employees, and propane.
To operate the treatment facility at ¼ flow doesn’t change the expense figures. They are in need of some operating
capital, which it is based on the $9 ERU value. Kevin has a meeting with Leslie and Lance concerning the ERU’s
on Monday. Councilmember Kirkham asked what the estimated costs were. Husk said it will be the 4500 ERU’s x
$9 per month. Councilmember Bean asked how many ERU’s Shelley has. Husk said approx. 1500. Husk said the
contractor can postpone the opening until spring. DEQ is not supportive to not operate the plant and they don’t
think this will fly with EPA; however, a winter shut down might be available. Councilmember Bean asked when we
are going to get our line in. Husk said 18 months. Councilmember Bean said he thought we were going out to bid.
Husk said they have for segment A. Councilmember Bean asked when we can go out for bid on the rest of it. Husk
said they are in design now and it will probably be April. Councilmember Kirkham said can’t we move it faster
than 18 months. Husk said we can put a faster time in, but it will cost more. The City has an 8 month construction
period on segment A, however, segment B and C are larger lines for 14 miles which should take a year or so to
construct.
Councilmember Kirkham asked what happens if we aren’t prepared to fund this now. Husk said the
Authority would operate at a deficit. Councilmember Bean said he has trouble paying for something for which we
aren’t getting any benefit. Husk said Shelley is paying a lot less now with their lagoon, compared to operating the
treatment plant. Councilmember Bean said this is not in the budget and is unsure how the City can pay $38,000 per
month.
Leslie asked why having the project progress faster costs more, since there would be less man hours.
Husk said there is an optimal time to do a project. If you work faster, it costs more. If you work slower, it costs
more. If we make it faster, it will limit the number of companies that can bid on the project. Councilmember Bean
asked what the budget was for. Do you have the actual budget for what we are paying for? Councilmember Bean
asked Husk to email the budget to Leslie. Husk said they have gone through the plant and itemized every piece of
equipment that uses power and have estimated the amount of run time on the equipment and the percentage of full
load they will be using, so they can get an estimate of flows as they come into the plant. This will help to get an
estimate of how much it is going to cost to run the plant. Husk stated they are down to 2 ½ people to operate the
plant from 3 ½ persons. If they can adjust the estimates, we are still in the same position, starting a venture with a
zero operating fund. Councilmember Kirkham said we have anticipated the costs of transferring from the Idaho
Falls sewer system to the Regional system, but not M&O costs to fund both at the same time. Husk said there are
additional groups that pay $37.50 per ERU into the system -11 ERU’s come from Melaleuca, several Exit 113
companies are connected to the facility including a truck wash at approximately 50 ERU’s, Andrus Trucking at 86
ERU’s, and Chevron at 9.62 ERU’s. There are also three residential homes along the New Sweden highway. The
City of Shelley is billing and taking care of all of them.
The regional is setting up a separate banking account for operations and maintenance, but we need money
now to pay the bills for operations. The bills are for Sept/Oct/Nov. Rocky Mountain Power is going to be shutting
off the power.
Scott said section A is for faster completion and inquired if we could get a better bid, versus operating
for six months without participation. Councilmember Kirkham asked why the County wasn’t participating. Husk
said because they don’t have any customers. Councilmember Kirkham said we don’t have any customers either.
Councilmember Bean said they will have potential customers. You would think they should have some participation
in the plant, if they are going to eventually have customers come online too. Husk said he can’t compel anyone to
pay. Husk said he doesn’t think it’s a good idea to say we don’t have enough money to run this facility.
Councilmember Bean said that’s not what we are saying. The City does not have this extra amount of money
budgeted for. Councilmember Bean said we certainly will be able to pay once we are off Idaho Falls lines.
Husk said we are nearing the completion of construction on the plant. The contractor has an
obligation to operate the facility for a certain amount of time and then they turn it over to us. It’s not a good idea to
shut it down and then have him bring it back up later. Once we take it over the warranty starts. Councilmember
Council Minutes Page 4 of 8
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Bean asked how soon it needs to come online. Husk said it’s Dec. 31. The contractor has some interest in a winter
shut down, but we need to work out the costs for the winter shut down. Councilmember Kirkham said to get the
figures. Husk has asked him for those. Councilmember Bean asked what we owe now. Husk said we have three
invoices for a total of $36,000 per month. Councilmember Bean asked what bills are being held by the Regional
Sewer. Husk answered three power bills and advertising for help. Councilmember Bean said $150,000 would pay
the labor for three people for a year. Husk said they also need propane for heating the buildings. Councilmember
Bean said he would like a three to four month cash flow for Dec/Jan/Feb/Mar and if we suggested we might pare it
down for $15,000 in December, $25,000 for January, $35,000 and then $50,000 going forward. It makes more sense
than a large pot that doesn’t need to sit there. Husk will get a line by line budget for the Council. Councilmember
Kirkham asked how soon we could have the figures for winter shut down. Husk said we need to get the numbers.
Councilmember Kirkham said to move it to the work session in January. Councilmember Bean said we have to get
these rates set, because that is going to be a critical portion of moving forward for bonding. Husk said there may be
some compromise in that, you pay one month, Shelley pays a month, because we will be getting another bill in
December. Councilmember Bean said he doesn’t have a problem in paying current bills. Shelley will be paying
Sept/Oct/Nov bills and maybe Ammon can look at one.
Ted Hendricks, Development Company stated when they looked at the rates for the $9 they only allowed
$7 for the collection system, which was similar to other larger areas. Councilmember Bean said we understand that.
There have been some fixed costs from the past 90 days and asked if they have thought of proposing to set up a
separate operations account. He would like some level of commitment from tonight to get it through the holidays.
Ted said the bills are about $20,000 in arrears now. Councilmember Bean said this is a lot better than $108,000.
Councilmember Bean said a way better than the $9, is to pay in arrears. We will fund a certain amount and bill us
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on the 15 based on our percentage of the projected ERU’s. If we are going to be charged $9 per ERU in advance,
then he wants an accounting of actual cost, with an annual refund to the City if the true cost is less. It’s a lot easier
to pay in arrears based on actual cost and percentage of ERU’s. Ted said he wants to build the pot up first.
Councilmember Bean said paying in arrears is a fairer way to do it. Councilmember Kirkham said we can’t discuss
the winter shut off, because we don’t have the figures, but you have $20,000 in arrears to be paid. Councilmember
Bean said Shelley can do what they want, since they are getting use of the plant now.
Councilmember Bean motioned to pay $14,000 to the regional sewer for the bills that are due, with
the provision that the region won’t add sludge to the plant, until the figures are known for a potential winter shut
down and spring start up. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion
passed.
3. Well 8 Tank & Booster Station – Change Order #1 - Winter Shut Down (Lance/Jeff Freiberg)*:
Lance said the change order is concerning the new tank and booster station, because they have been unable to
adequately compact the soil due to the winter temperatures causing ice crystals to form in the soil. The best option
now is to give them a winter shut down and allow them to come back in the spring after they can compact the soil,
since it is 24 feet deep and he doesn’t want it sinking later on due to poor compaction. They will still try to pour the
roof itself.
Councilmember Bean motioned to approve for the winter shut down and change order for Well 8.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes,
Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed.
4. Well 9 Booster Station – Change Order #1 - Update and Direction (Lance/Jeff Freiberg)*:
Lance stated that this is also a no cost change order, but adds days to the contract. Truss designs, generators and
weather have caused delays. It goes from 120 days to 154 days and they will continue to work through the winter.
They have a new truss design and hope to have them installed next week. The generator will not be shipped until
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Jan 27 and has to be installed before the trusses are installed.
Councilmember Kirkham motioned to approve the change order for Well 9 Booster Station.
Councilmember Waite seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes,
Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed.
Council Minutes Page 5 of 8
5. Hill Tank 1 Transmission Lines – Change Order #4 (Lance/Jeff Freiberg)*:
Jeff Freiberg, 356
W. Sunnyside passed out a project status report and advised the Council this is the final change order for this
project. The initial bid was $1.83 million and with this change order is for $19,000 based on the actual amount of
pavement that was used for a total of $2,749,000. This change order will also close out this project.
Councilmember Waite motioned to accept Change Order #4 for the Hill Tank 1 Transmission Lines in the
amount of $19,235.99. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Waite – Yes,
Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion
passed.
6. Hill Tank 1 Booster Station – Change Order #3 (Lance/Jeff Freiberg)*:
Jeff said this project is
complete with this change order. This project was for $4.2 million dollars with three change orders for a final cost
of $4.425 million. The change orders were for an $11,000 electrical change, a $2000 pouring change, a $10,000
deduction for chain link, a $6300 flow meter, added a locking tank gate for $2400, misc. electrical for $3000, fire
hydrants for $6000, and an extra import of usable soil for $22,400. This change order is for $43,628.
Councilmember Kirkham motioned to approve the Change Order #3 for Hill Tank 1 Booster Station for
$43,628.60. Councilmember Waite seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Waite – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
7. Well 11 Phase 2 – Change Order #2 (Lance/Jeff Freiberg)*:
Jeff said this is the final change order
and final payment for this project. There was some minor electrical for $2381.
Councilmember Waite motioned to approve the Change Order #2 for Well 11 Phase 2 in the amount of
$2381.00. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Waite – Yes, Councilmember
Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed.
Jeff covered the spreadsheet and he has color coded them to simplify them. Yellow are the
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completed projects, which include Sunnyside and 45 East transmission lines, Hill Tank and Booster, Well 11, Well
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11 pump house, 21 Transmission Lines, Scada, 21 St. and 45 East transmission lines for a total of $8.6 million.
The current projects are Tank 8, Tank 8 Booster Station, Well 9 and Well 9 Booster improvements for a cost of $3
million. Projects to be started are the Curlew/John Adams transmission lines, Well 8 improvements with a cost of
$450,000. If you add all of these it adds up to $12.1 million leaving a balance of $786,000. There are a few minor
projects that need to be worked on. He will be sitting down with staff to see where he should proceed.
Councilmember Bean asked why 10-12 and 10-13 aren’t included in this. Jeff said the City has already built these.
The top three items are Well 6 improvement, Well 5 improvement and Wells 1,2,3 abandonment to see what needs
to be done on these and he included some estimates in the Council’s packets.
Lance said in conjunction with the change orders, he wants to be sure whether he can sign these or if the
Mayor needs to.
Councilmember Thompson motioned to allow Lance to sign the change orders and go ahead as outlined.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Kirkham –
Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion
passed.
8.
Ordinance 483 Cable One Franchise Agreement (Ron)*:
Ron said this is the publication that
Council approved and there was a 30 day wait period, before it could be adopted.
Councilmember Bean read
ORDINANCE 483 - AN ORDINANCE RENEWING THE FRANCHISE GRANTED TO,
CABLE ONE, INC., TO CONSTRUCT, OPERATE AND MAINTAIN OVER AND UNDER THE PUBLIC WAYS OF THE CITY,
SUCH WIRES, CABLES, AND OTHER FACILITIES NECESSARY TO CONDUCT AND OPERATE A CABLE SYSTEM IN THE
Councilmember Bean
CITY, AND PROVIDING THE TERMS, CONDITIONS AND REGULATIONS RELATED THERETO.
motioned 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 Kirkham seconded. Roll Call Vote: Councilmember Bean –
Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and
Councilmember Waite – Yes. The motion passed.
Councilmember Bean read
ORDINANCE 483 - AN ORDINANCE RENEWING THE FRANCHISE GRANTED TO,
CABLE ONE, INC., TO CONSTRUCT, OPERATE AND MAINTAIN OVER AND UNDER THE PUBLIC WAYS OF THE CITY,
Council Minutes Page 6 of 8
SUCH WIRES, CABLES, AND OTHER FACILITIES NECESSARY TO CONDUCT AND OPERATE A CABLE SYSTEM IN THE
Councilmember Bean
CITY, AND PROVIDING THE TERMS, CONDITIONS AND REGULATIONS RELATED THERETO.
motioned the adoption of Ordinance 483 as an ordinance of the City of Ammon on its third and final reading.
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.
9.
Ordinance 485 & Summary Proposed City Code Changes (Ron)*:
Ron said this was the ordinance
that has previously been presented twice to Council. He asked the Council how they would like him to present it.
Ordinance #485
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, ADOPTING
AND REPEALING PORTIONS OF THE CITY CODE OF AMMON, IDAHO; TITLE 2, BOARDS AND COMMISSIONS; CHAPTER 3
PARKS AND RECREATION COMMISSION; TITLE 4, BUSINESS REGULATIONS; CHAPTER 1, BUSINESS LICENSES, CHAPTER 9,
ITINERANT MERCHANTS, MOBILE FOOD VENDORS, DOOR-TO-DOOR SALESMAN, CHAPTER 12, MASSAGE THERAPY,
CHAPTER 13, HOME OCCUPATIONS; TITLE 5, CRIMINAL CODE, CHAPTER 9, LITTER AND WEED CONTROL; TITLE 6, HEALTH
AND PUBLIC SAFETY, CHAPTER 2, FIREWORKS, CHAPTER 3, CHILD CARE REGULATIONS AND LICENSING; TITLE 9, TRAFFIC
REGULATIONS AND CONTROL, CHAPTER 9, SNOW REMOVAL; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING
Councilmember Waite motioned that the City Council dispense
ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
with the rule requiring the reading of the ordinance and summary on three different days and that the three readings
be waived. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Waite – Yes, Councilmember
Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes.
The motion passed.
Ordinance #485
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, ADOPTING
AND REPEALING PORTIONS OF THE CITY CODE OF AMMON, IDAHO; TITLE 2, BOARDS AND COMMISSIONS; CHAPTER 3
PARKS AND RECREATION COMMISSION; TITLE 4, BUSINESS REGULATIONS; CHAPTER 1, BUSINESS LICENSES, CHAPTER 9,
ITINERANT MERCHANTS, MOBILE FOOD VENDORS, DOOR-TO-DOOR SALESMAN, CHAPTER 12, MASSAGE THERAPY,
CHAPTER 13, HOME OCCUPATIONS; TITLE 5, CRIMINAL CODE, CHAPTER 9, LITTER AND WEED CONTROL; TITLE 6, HEALTH
AND PUBLIC SAFETY, CHAPTER 2, FIREWORKS, CHAPTER 3, CHILD CARE REGULATIONS AND LICENSING; TITLE 9, TRAFFIC
REGULATIONS AND CONTROL, CHAPTER 9, SNOW REMOVAL; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING
Councilmember Waite motioned for the adoption of Ordinance
ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
485 and Summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Kirkham
seconded. Roll Call Vote: Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Bean –
Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
10. Reciprocal Parking Agreement – LDS Church – 2055 S. Ammon Road (Ron)*:
Ron explained
that he needs the Council’s approval for the Mayor’s signature. The City has been using the parking for years, but
the City didn’t have a reciprocal agreement. Councilmember Bean asked if this is for a five year term and if Scott is
ok with this. Scott answered yes.
Councilmember Kirkham motioned to authorize the Mayor to sign the Reciprocal Parking Agreement –
LDS Church located at 2055 S. Ammon Road. 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.
11. Reciprocal Parking Agreement – LDS Church – 2050 Avocet (Ron):
Councilmember Kirkham
motioned to table the Reciprocal Parking Agreement – LDS Church agreement at 2050 Avocet. 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.
12. Amended Policy 90-001–Animal/Enforcement Officer Policies and Procedures (New Policy 90-001-
1)*:
Ron said this change added a section covering device mechanisms and aerosol defensive tools for
Shawna. Councilmember Waite asked if there is training. Councilmember Powell said she has trained on both the
maize and batons. Ron said after she has done the training, then the policy is created. Scott said the policy is based
upon the training.
Councilmember Powell motioned to approve the Amended Policy 90-001 – Animal/Enforcement Officer
Policies and Procedures (New Policy 90-001-1). Councilmember Kirkham seconded. Roll Call Vote:
Council Minutes Page 7 of 8
Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember
Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
13. Resolution 2009-025 – Adopting Policy 90-001-1 (Ron)*:
Councilmember Powell motioned to
adopt Resolution 2009-025. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes,
Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and
Councilmember Waite – Yes. The motion passed.
DISCUSSION ITEMS:
1. Peterson Park Shelter Reconstruction (Ken)*:
Councilmember Waite said there is a letter and
pictures of the shelter. The building isn’t square, vertical or plumb. Ken has sent a letter to the contractors and they
are pulling them out and resetting it. Scott said he asked for the Council to be aware of it, in case, we had to do any
enforcement of the contract.
2. Misc.:
Lance asked the Council if they understood Husk concerning the amount Shelley has been
collecting for the regional expenses and that Shelley has collected more than enough to pay all immediate bills.
Scott discussed a letter from a constituent concerning snow on the sidewalks, which brought up litigations.
Scott tried to explain it kindly and invited her to make comment. Lance discussed where we can put plowed snow.
Leslie asked if we are asking for park strips adjacent to roadways in the future. Ron said we are trying to encourage
the developers to do this. Councilmember Bean asked what the width of the trackless is. Lance said the trackless is
a little wider than the sidewalks. Ray said maybe with heavy snowfall we will hire to move the snow. Ray said we
are pricing out tractors for sidewalks now.
Leslie passed out information to the Council for the City Capitol meeting. She advised the Council that the
sewer figures are now in Sharepoint. She asked for clarification if the Council wanted her to pursue the EPA
violations that they had her request from the City of Idaho Falls. The Council advised her to hold off
at this time.
EXECUTIVE SESSION:
1.
Personnel Evaluations - Idaho Code 67-2345 (1-b)
2.
Real Property Acquisitions - Idaho Code 67-2345 (1-c)
3.
Pending Litigation - Idaho Code 67-2345 (1-f) (Ron/Scott)
Councilmember Bean motioned to move into executive session pursuant to Idaho Code 67-2345 (1b,
c, and f). 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.
The meeting adjourned at 9:09 p.m.
________________________________________
Councilmember Kirkham
________________________________
Leslie Folsom, City Clerk
Council Minutes Page 8 of 8