03282013CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, MARCH 28, 2013
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL - AGENDA
THURSDAY, MARCH 28, 2013 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Thompson
Prayer – Councilmember Kirkham
MINUTES:
None
ITEMS FROM MAYOR:
CONSENT AGENDA:
Accounts Payable – Exhibit A
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
PUBLIC HEARINGS:
2013-005 Proposed New and Increased Fees:
ACTION ITEMS:
1.Resolution 2013-002 – Elevation Certificates, Copies, Faxes, Return Checks
2.Resolution 2013-003 – Fiber Rates and Fees
3.Resolution 2013-004 – License Permit Fees
4.Resolution 2013-005 – Park and Council Chamber Use Fees
5.Ordinance 525 – Authorizing Wastewater Bond Maximum of $15,000,000.
6.Resolution 2013-001 – Authorizing Wastewater Promissory Note Maximum of $10,000,000.
7.Rocky Mountain Power Agreement – Inventory of Street Lights for Quote to Purchase.
DISCUSSION ITEMS:
1.Street Sweeper
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)
MINUTES
City Officials Present:
Mayor Steve Fuhriman
Councilmember Dana Kirkham
Councilmember Rex Thompson
Councilmember Sean Coletti
Councilmember Russell Slack
Councilmember Brad Christensen
City Attorney Scott Hall
City Clerk/Administrator/Planning Director Ron Folsom
Deputy City Clerk Rachael Brown
City Engineer Lance Bates
Public Works Director Ray Ellis
City Officials Absent:
Councilmember Brian Powell
City Treasurer Jennifer Belfield
CALL TO ORDER:
Mayor Steven Fuhriman opened the meeting at 7:04 p.m. at the City Hall building located at 2135 South
Ammon Road. Boy Scout Zack Hinckley led the Pledge of Allegiance. Councilmember Kirkham offered a prayer.
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MINUTES:
None
ITEMS FROM MAYOR:
None
CONSENT AGENDA:
Accounts Payable – Exhibit A: Councilmember Slack moved to approve the Accounts Payable –
Exhibit A, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham –
Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
None
PUBLIC HEARINGS:
2013-005 Proposed New and Increased Fees: Mayor Fuhriman opened the public hearing and
explained the hearing process to the public. There were no citizens present for public comment, and no written comment was received.
Ron explained the new fees and increases to the Council.
Mayor Fuhriman closed Public Hearing 2013-005.
ACTION ITEMS:
1. Resolution 2013-002 – Elevation Certificates, Copies, Faxes, Return Checks:
Councilmember Christensen moved
to adopt Resolution 2013-002 – Elevation Certificates, Copies, Faxes, and Return Checks, as presented. Councilmember Kirkham
seconded. Roll Call Vote: Councilmember Christensen – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes,
Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed.
2. Resolution 2013-003 – Fiber Rates and Fees:
Councilmember Christensen moved to adopt Resolution 2013-003 –
Fiber Rates and Fees, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Christensen – Yes,
Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes.
The motion passed.
3. Resolution 2013-004 – License Permit Fees:
Councilmember Kirkham moved to adopt Resolution 2013-004 –
License Permit Fees, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen –
Yes. The motion passed.
4. Resolution 2013-005 – Park and Council Chamber Use Fees:
Councilmember Kirkham moved to adopt Resolution
2013-05 – Park and Council Chamber Use Fees, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember
Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember
Christensen – Yes. The motion passed.
5. Ordinance 525 – Authorizing Wastewater Bond Maximum of $15,000,000:
Ron explained the bond closing, and
the bond payments. Councilmember Kirkham explained the bond payment amounts and discussed how the remaining $1.8 million
dollars would be spent. Discussion ensued regarding the bond closure.
Councilmember Kirkham read “Ordinance 525: AN ORDINANCE OF THE CITY OF AMMON, IDAHO, AUTHORIZING
AND PROVIDING FOR THE ISSUANCE OF A SEWER REVENUE BOND, SERIES 2013, IN A PRINCIPAL AMOUNT NOT
TO EXCEED $15,000,000, FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND INSTALLATION OF
IMPROVEMENTS TO THE SANITARY SEWER SYSTEM OF THE CITY; DESCRIBING THE BOND; PROVIDING FOR THE
COLLECTION AND DISPOSITION OF REVENUES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON THE BOND; ESTABLISHING FUNDS AND ACCOUNTS; PROVIDING COVENANTS RELATING TO THE
BOND; PROVIDING FOR THE SALE OF THE BOND TO THE IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY;
PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. I move 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 Slack
seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes,
Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed.
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Councilmember Kirkham read “Ordinance 525: AN ORDINANCE OF THE CITY OF AMMON, IDAHO, AUTHORIZING
AND PROVIDING FOR THE ISSUANCE OF A SEWER REVENUE BOND, SERIES 2013, IN A PRINCIPAL AMOUNT NOT
TO EXCEED $15,000,000, FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND INSTALLATION OF
IMPROVEMENTS TO THE SANITARY SEWER SYSTEM OF THE CITY; DESCRIBING THE BOND; PROVIDING FOR THE
COLLECTION AND DISPOSITION OF REVENUES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON THE BOND; ESTABLISHING FUNDS AND ACCOUNTS; PROVIDING COVENANTS RELATING TO THE
BOND; PROVIDING FOR THE SALE OF THE BOND TO THE IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY;
PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. I move the adoption of Ordinance #525 as
an ordinance of the City of Ammon on its third and final reading, and authorize the Mayor to sign the bond closing.” Councilmember
Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes,
Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed.
6. Resolution 2013-001 – Authorizing Wastewater Promissory Note Maximum of $10,000,000.:
Councilmember
Kirkham moved to adopt Resolution 2013-001 – Authorizing Wastewater Promissory Note Maximum of $10,000,000 as presented.
Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember
Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed.
7. Rocky Mountain Power Agreement – Inventory of Street Lights for Quote to Purchase:
Ray Ellis said a number
of the smaller communities have bought their light poles and saved considerable money on their maintenance cost. The City is
currently responsible for Hawk’s Landing, and the new section of Eagle Drive. The City has approached Rocky Mountain Power, and
they have agreed to make a field assessment for $5,700. Rocky Mountain Power would report the assets they own in the City limits,
what they are willing to sell, and their price. Ray said one of the things Bruce Patterson is excited about is, it will give him the ability
to install antennas on some of the poles, and the City could create its own Wi-Fi network for City services. City employees could have
tablets in their trucks, and service orders would come directly to them. The network would be self contained. Ray has spoken to the
cities of Ucon and Lewisville, and they think it is a worthwhile investment.
Councilmember Thompson asked if the City would need to have a bucket truck. Ray said yes. Councilmember Christensen
said it seems bizarre that Rocky Mountain Power wants $5,700 to find out what to charge the City for the light poles. He asked if we
had an initial ideal of how much the purchase of street lights would cost. Ray said he didn’t have any idea. Ron said Rocky Mountain
Power puts a price on each pole, then goes out to look at each pole, and adjusts the cost depending on the condition and life
expectancy of the pole. Councilmember Kirkham asked if the assessment would look at every street light in Ammon, and inform us of
what it is worth. Ray said they will look at streetlights and poles. Councilmember Thompson asked if there is a different fee for the
electricity if the City owns the streetlights, or if Rocky Mountain Power owns them. Ray explained there is a different fee if the City
owns it, because the electrical fee the City pays to Rocky Mountain Power owned street lights includes a maintenance fee.
Councilmember Kirkham asked how much is the City paying. Lance said it is similar to paying $9 per month versus $2 a month per
pole. Councilmember Kirkham said what irritates her is the City is their customer, and we are asking for information about our poles
and they are charging us for it. Discussion ensued regarding the street lights.
Councilmember Kirkham moved to table the Rocky Mountain Power Agreement – Inventory of Street Lights for Quote to
Purchase, and directed Ray to obtain further savings information from the City of Ucon and Lewisville. Councilmember Christensen
seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes,
Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed.
DISCUSSION ITEMS:
1. Street Sweeper:
Ray said one of the things that has been a thorn in his side is, after the streets had been swept he felt
like it was worse. Ray feels street sweeping is an issue that needs attention. Over the last couple years we have tried to work with
vendors to find a used sweeper that has been reconditioned. Ray said a good sweeper has been found that is a good buy, and is in good
condition. Our goals are to improve and expand our service. We want to sweep the entire City, and provide some cost savings. Ray
displayed a map of the City showing the areas that do not get swept. Lance said the neighborhoods with curb and gutter are swept best.
Ray said when he looked at what the City had been billed for, he discovered of the over 62 miles of street in the City, only 51percent
is being swept. In 2011 the City spent just under $30,000 for street sweeping, $8,000 of that was a chip seal clean up on Ammon
Road, and $900 to clean the parking lots in the parks. In 2012 we spent $27,000 for street sweeping, which included chip seal cleanup
on Molen Street and clean up in the Park parking lots. Ray explained that this fiscal year to date, the City has spent $10,500 which
includes last fall’s street sweeping. Ray projects the City will spend another $22,000 to sweep and chip seal clean up on 17th street
and 49th street. Ray looked at the operational cost if the City owned a street sweeper, including the deprecation on a street sweeper
over a ten year life span; the projected operating cost for the remainder of this year if we buy our own machine is $19,512.
Councilmember Slack asked why his analysis didn’t show any manpower cost. Ray said in the spring and fall, having the
street sweeper will make better use of the existing manpower. Ray said if you use the three year street sweeping figures, the operating
cost average is under $30,000. If we sweep all the streets in the City, the operation cost would be about $58,000. Councilmember
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Kirkham asked if we had our own sweeper, would we sweep the entire City. Ray said last year the City rented small equipment, and
used it in Quail Ridge and parts of Marlene Street, and it helped a lot. Councilmember Kirkham said she thinks street sweeping is a
good public service that is estheticallypleasing. Discussion ensued about the benefits of owning a street sweeper. Councilmember
Kirkham said Ray had met with her and Councilmember Coletti about the street sweeper. They feel this is a good idea, and are
looking for direction from the Council tonight. The Council directed Ray to put the street sweeper out to bid.
2. Misc.:
Lance said he received more information from the City of Idaho Falls regarding the location of utilities, and
found out that in order for the City of Ammon to get under the gas line in Hitt Road significant enough that Intermountain Gas would
okay with it, we are going to need to go approximately ten feet deep. Bruce Patterson went back to the contractor to see if they could
do that safely. Lance has not heard from them. They were going to pull off and do some other jobs and come back next week and
seriously look at if they can get under Hitt Road that deep, boring that far. Councilmember Kirkham said Bruce and Councilmember
Powell are very frustrated, and are hoping there will be some kind of resolution on this. If there is not any resolution, Councilmember
Powell is recommending we schedule to be on the agenda for the City of Idaho Falls Council to start talking about it out in public. The
feeling is the easement was granted with no intention of allowing the City to bore under the road. Legally Idaho Falls cannot put
stipulations on the easement, but they are still denying us the right to do it. Lance said we have the permit, and there is no easement
involved. It is the ability to drill across the road with the conduit. If we go over the top of the gas line Intermountain Gas will require
part of the asphalt to be temporarily removed near the gas pipe, which will result in potholes. When the head of the drilling device
goes through dragging the conduit, Intermountain Gas will need to be physically there. If we can assure we are five feet underneath
the pipe, which is ten feet deep under the road; then they are okay without having to remove any asphalt. Ron said he feels it is
important for everybody to know that, based on the conversation with Scott concerning the moratorium; he thinks the City of Idaho
Falls does not have a chance at winning.
Scott said he did some research on case law across the country that says you have the right to control the surface of the road
at a reasonable depth to stabilize the road itself, but below that there is no right of control. Councilmember Thompson said the gas
company is the one that is given the control. Councilmember Kirkham said the gas company is fine if you can borrow underneath. It
is Idaho Falls that is saying no. Her understanding per Lance’s conversation with Chris is that there is no moratorium, but it is actually
the City of Idaho Fall’s policy. Scott said it would be interesting to see if this is a written policy. Councilmember Kirkham said we
will see this through with the Gas Company, and then if that doesn’t work then we will go to the City of Idaho Falls Council. Ron said
the City of Idaho Falls next work session is on the 11th.
Scott asked if anybody had talked to the County about the Crowley Road problem. Councilmember Kirkham said she talked
to Roger and he said they are very aware and know it’s a problem and as soon as the snow thaws they are going to get out there. Roger
informed Councilmember Kirkham that the Gas Company is responsible for the repairs.
Councilmember Christensen did some review of water usage that Lance provided to him. He looked at the data provided and
tried to determine how much variable usage we have and whether it correlates by lot size. Councilmember Christensen explained his
findings.
Councilmember Coletti mentioned the newsletter and asked everyone to submit any articles they have to him.
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)
Councilmember Kirkham moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1-b). Councilmember
Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Slack –
Yes, Councilmember Christensen – Yes, and Councilmember Coletti – Yes. The motion passed.
The meeting adjourned at 8:19 p.m.
_______________________________________________
Steve Fuhriman, Mayor
__________________________________________________
Ron Folsom, City Clerk
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