12152011CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, DECEMBER 15, 2011
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL - AGENDA
THURSDAY, DECEMBER 15, 2011 – 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:
Business License
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
PUBLIC HEARINGS:
None
ACTION ITEMS:
1.Conditional Use Permit – Liberty Square, Healthy Solutions
2.The Villas – Final Plat – Division 3
3.The Villas – Development Agreement – Division 3
4.Proposed Code Changes - Title 10, Chapter 25 I&M-1
5.Ordinance #509 - Water Bond Closure
6.Change Order #2 – Midway/Eagle Interceptor – HK Contractors (Lance)
7.Change Order #3 – EIRWWA 3.2 – Eastern Interceptor, Segment B – HK Contractors (Lance)
8.Change Order #4 – EIRWWA 3.3 – Eastern Interceptor, Segment C – Knife River (Lance)
9.Planning and Zoning Appointments – Cindy Donovan, Greg Maeser, Scott Wessel (Ron)
10.Investment Proposal Recommendation (Jennifer/Russell)
11.Purchase of sewer camera and associated equipment (Ray)
DISCUSSION ITEMS:
1.Access to Arterials from Private Property (Lance)
2.Hitt Road Reconstruction (Lance/Ron)
3.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 Steven Fuhriman
Councilmember Dana Kirkham (arrived at 7:34 p.m.)
Councilmember Brian Powell
Councilmember Rex Thompson
Councilmember Sean Coletti
Councilmember Russell Slack
City Attorney Scott Hall
City Administrator/Clerk Ron Folsom
Deputy City Clerk Rachael Brown
City Treasurer Jennifer Belfield
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City Engineer Lance Bates
Public Works Director Ray Ellis
City Officials Absent:
Councilmember Lee Bean
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. Councilmember Thompson led the Pledge of Allegiance. Councilmember Coletti led the prayer.
MINUTES:
None
ITEMS FROM MAYOR:
Mayor Fuhriman informed the Councilof City Official’s Day in Boise.
CONSENT AGENDA:
Business License: Councilmember Powell moved to approve the Business License Consent
Agenda, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti –
Yes, Councilmember Thompson – Yes, and Councilmember Slack –Yes. The motion passed. Ron explained to the Council that T.G.I.
Friday’s Business License renewal approval is on the Consent Agenda, but they have closed. Ron asked the Council if it was ok to
refund the licensing fees to them. The Council said yes to refund the fees.
Accounts Payable – Exhibit A: Councilmember Coletti asked Ray about the water meter credit. Ray said the vendor had over
billed and had credited back the difference. Councilmember Slack moved to approve the Accounts Payable – Exhibit A, as presented.
Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell –Yes, Councilmember
Coletti – Yes, and Councilmember Thompson –Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) None
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Conditional Use Permit – Liberty Square, Healthy Solutions:
Ron explained the reason the Conditional Use Permit
(CUP) is needed, what type of business Healthy Solutions is, and where the business is located.
Deborah Rollings, 2475 South Ammon Road said Healthy Solutions assist the residents at Liberty Square with their needs,
but also have PSR workers that work out in the community. The business is billed through Medicaid and the State. Councilmember
Slack asked if most of their business comes from other sources outside of Liberty Square. Deborah said yes, they provide medication
management and some private pay services for Liberty Square, and also some private pay services for outside citizens.
Councilmember Powell asked how long they have been in business. Deborah said a year. Councilmember Thompson asked what the
zoning would be. Ron said R3-A. Councilmember Coletti asked how long they have been at Liberty Square. Ron said Healthy
Solutions have been at Liberty Square since August and explained that they weren’t aware they needed a business license. Ron said
Planning and Zoning recommended a three year limit for the CUP.
Councilmember Coletti moved to approve the Conditional Use Permit – Liberty Square, Healthy Solutions for three years,
which would expire December 31, 2014. Councilmember Powell seconded. Roll Call Vote: Councilmember Coletti – Yes,
Councilmember Powell –Yes, Councilmember Thompson – Yes, and Councilmember Slack –Yes. The motion passed.
2. The Villas – Final Plat – Division 3:
Ron explained the property location and explained the request. Ron said he
expected the location to take a while to develop because it is partially in the flood plain. Councilmember Thompson asked if there was
room to park cars on both sides and still have two available lanes for traffic. Lance said yes. Councilmember Powell moved to approve
The Villas – Final Plat – Division 3, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes,
Councilmember Slack –Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed.
3. The Villas – Development Agreement – Division 3:
Ron explained he put this request on the Agenda even though he
doesn’t think it is ready for approval. Ron said he has given it to the developer to review. Ron said he had a discussion with Jennifer
regarding the possibility of a Lighting District for this location. Ron explained that because there will probably only be three lights, it
will cost more in administrative costs for the Lighting District than the actual cost of electricity. Councilmember Thompson asked if
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you can add to an existing Lighting District as more sections are formed. Jennifer said she would want to check with Bonneville
County. Ron said he and Jennifer calculated the cost of how much it takes to power the lights we have now and it is only three dollars
per month. Councilmember Thompson asked if a Lighting District is an entity unto itself, why couldn’t it be added onto every time
something was contiguous with it. Scott said he has not looked at that issue, but his assumption is that it could. Scott said the theory of
the lighting district when the City started it was, since some areas choose to have lights and other areas choose not have lights,
therefore those that choose not to have lights shouldn’t have to pay for those that choose to have them. Ron said the City ordinance
says the City requires street lights. Councilmember Powell moved to table The Villas – Development Agreement – Division 3.
Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack –Yes, Councilmember
Thompson – Yes, and Councilmember Coletti–Yes. The motion passed.
4. Proposed Code Changes - Title 10, Chapter 25 I&M-1:
Ron explained the changes to Title 10, Chapter 25 I&M-1.
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Ron explained the thing driving this request is a situation on 14 North. Ron said several years ago, the City approved a site plan for a
dance studio, and after that the City approved another dance studio, but I&M-1 specifically says you can’t have dance studios. Ron
feels the ordinance needs to be fixed. Councilmember Powell asked what the rational was behind not allowing dance studios. Ron said
he thought the rationale was because of the things allowed in I&M-1 are industrial, like the truss plants, and are those things the City
wants a dance studio next to. Councilmember Thompson asked if there are any parking issues. Ron said he has been in that area in the
evening when all four studios were full, but nobody else is there in the evening so parking is not an issue. Councilmember Slack
moved to approve the Proposed Code Changes – Title 10, Chapter 25 I&M-1, as presented. Councilmember Powell seconded. Roll
Call Vote: Councilmember Slack – Yes, Councilmember Powell –Yes, Councilmember Thompson – Yes, Councilmember Coletti –
Yes, and Councilmember Kirkham – Yes. The motion passed.
Ordinance #509 - Water Bond Closure:
Ron explained that this is the ordinance that closes out the water bond.
Councilmember Powell read Ordinance #509 and SummaryAN ORDINANCE OF THE CITY OF AMMON, IDAHO,
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A WATER REVENUE BOND, SERIES 2012, IN THE
PRINCIPAL AMOUNT OF $14,287,000 FOR THE PURPOSE OF FINANCING THE COSTS OF ACQUISITION OF
IMPROVEMENTS TO THE DOMESTIC WATER 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 STATE OF 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 Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti –
Yes, Councilmember Kirkham – Yes, Councilmember Thompson –Yes, and Councilmember Slack – Yes. The motion passed.
Councilmember Powell read Ordinance #509 and SummaryAN ORDINANCE OF THE CITY OF AMMON, IDAHO,
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A WATER REVENUE BOND, SERIES 2012, IN THE
PRINCIPAL AMOUNT OF $14,287,000 FOR THE PURPOSE OF FINANCING THE COSTS OF ACQUISITION OF
IMPROVEMENTS TO THE DOMESTIC WATER 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 STATE OF IDAHO, DEPARTMENT OF ENVIRONMENTAL
QUALITY; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE
I move the adoption of Ordinance #509 and Summary as an ordinance of the City of Ammon on its third and final reading.
Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember
Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed.
5. Change Order #2 – Midway/Eagle Interceptor – HK Contractors (Lance):
Lance explained the Change Order
is an increase that totals $336,095.67 and all supporting documentation is included. Councilmember Kirkham asked what the change
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was. Lance said approximately $250,539 of the increase has to do with the thickness of asphalt needed on 17 Street and the asphalt
for the bypass road, $59,000 was to replace unsuitable trench material, and $13,000 for the lean concrete that has been poured into
Sunnyside Road to last the City over the winter. Councilmember Kirkham said these are all costs the Council knew were coming.
Councilmember Kirkham moved to approve Change Order #2 – Midway/Eagle Interceptor – HK Contractors, as presented.
Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell –Yes, Councilmember
Coletti – Yes, Councilmember Thompson –Yes, and Councilmember Slack – Yes. The motion passed.
6. Change Order #3 – EIRWWA 3.2 – Eastern Interceptor, Segment B – HK Contractors (Lance):
Lance explained
this is a decrease Change Order that mostly involves unit reduction from what was originally bid to what was actually installed. Lance
explained since this was a unit price contract, they went by what was actually put into the ground. Councilmember Powell moved to
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approve Change Order #3 – EIRWWA 3.2 – Eastern Interceptor, Segment B – HK Contractors, as presented. Councilmember
Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham –Yes, Councilmember Coletti – Yes,
Councilmember Thompson –Yes, and Councilmember Slack – Yes. The motion passed.
7. Change Order #4 – EIRWWA 3.3 – Eastern Interceptor, Segment C – Knife River (Lance):
Lance explained this
Change Order is an increase that is due to a few different items. The first item is for nematode management. Lance said after the plans
were done, a field was identified as part of the nematode problem, and was added onto the nematode map. Lance explained the
(United States Department of Agriculture) USDA required them to wash every vehicle that went into the field. Discussion ensued
regarding the Nematode issue. Lance said another part of the Change Order is for radio equipment control at a cost of $13,836. Lance
said Item C is for the lift station building schedule adjustment. Lance said to get building permits and other items from the
jurisdictions involved for the two lift station buildings on Overland Road, and New Sweden cost a total of $24,288.14. Lance said
there was some adjustment of the construction management and oversight that is part of the forced account that is within the current
scope that is for some additional construction management because of time lack and was $4,000. The total is $51,858.32.
Councilmember Kirkham feels for the majority of circumstances that there should be a penalty for contractors that win a bid and then
come back with change orders. Scott said it could be written into the contract. Councilmember Kirkham moved to approve Change
Order #4 – EIRWWA 3.3 – Eastern Interceptor, Segment C – Knife River, as presented. Councilmember Powell seconded. Roll Call
Vote: Councilmember Kirkham - Yes, Councilmember Powell –Yes, Councilmember Slack – Yes, Councilmember Thompson –Yes,
and Councilmember Coletti – Yes. The motion passed.
8. Planning and Zoning Appointments – Cindy Donovan, Greg Maeser, Scott Wessel (Ron):
Ron explained the State
of Idaho changed the statute to allow more than two terms to be served. Ron read the State Statute. Ron said both Cindy and Greg
have served more than two terms and so for their recommendation would require 4 of the 6 Councilmember’s to approve the
appointment.Councilmember Slack moved to approve the Planning and Zoning Appointments of Cindy Donovan, Greg Maeser and
Scott Wessel. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell –Yes,
Councilmember Coletti – Yes, Councilmember Kirkham –Yes, and Councilmember Thompson – Yes. The motion passed.
9. Investment Proposal Recommendation (Jennifer/Russell):
City Treasurer Jennifer Belfield explained that the
Council can view the proposals on SharePoint. Jennifer said she really liked the Zion’s Bank proposal because she was comparing
what the fees are at each institution and Zion’s has the lowest fees and a fixed fee so she feels the broker is more interested in what is
best for the client. Councilmember Kirkham said the Council previously looked at the proposal at the Work Session last week and she
asked Councilmember Slack to state for the record what his relationship is with Zion’s Bank and that he will not benefit from this.
Councilmember Slack said he only has seven days left with Zion’s bank and has no conflict. Councilmember Slack explained the three
forms required to enter into an agreement with Zion’s Bank. Discussion ensued regarding arbitration. Councilmember Powell asked
Councilmember Slack to explain who moves the money around. Jennifer said that is why the City was going with a financial advisor
and Jennifer would work closely with the advisor, but ultimately Jennifer would have the power to move the funds. Discussion ensued
regarding the investment needs. Councilmember Slack explained there would be reports to the Council from Jennifer quarterly.
Councilmember Kirkham moved to approve moving the City’s investments to Zion’s Bank, authorize the W-9, and authorize City
Treasurer Jennifer Belfield and City Administrator Ron Folsom as dual signers on the account, and authorize the Mayor to sign
pending approval of suggested changes. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Coletti –Yes, Councilmember Powell – Yes, Councilmember Thompson –Yes, and Councilmember Slack –
Abstained because he wanted to remove himself from any potential conflict. The motion passed.
10. Purchase of sewer camera and associated equipment (Ray):
Ray explained he met with Councilmembers Kirkham
and Coletti concerning approximately another $100,000 in equipment that has been identified as needed to get the sewer system up
and running. Ray said he feels he has room in his budget, but these are not items specifically line itemed in the budget, however he has
some reserves. Ray said it may impact the sewer budget when the City reopens it. Ray said the first item is a sewer camera for $65,000
and the second item is a portable generator electricity plant to move around to the lift stations for $27,000 and everything else needed
is safety equipment and should come in at around $10,000. Councilmember Powell asked if Ray planned to use funds from the
Judicial Confirmation. Councilmember Kirkham said she was looking at it coming from the reserves and felt the Council understood
that. Councilmember Kirkham moved to approve the Purchase of the sewer camera only, at this point in time,as presented.
Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack –Yes, Councilmember
Powell – Yes, Councilmember Coletti –Yes, and Councilmember Thompson – Yes. The motion passed.
DISCUSSION ITEMS:
1. Access to Arterials from Private Property (Lance):
Lance explained this issue has come up because there have been
several instances where people are accessing directly onto arterial roads through back yards. Lance said right now it’s not a drastic
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type of instance, but in the access management plan the City does not allow that. Lance said if it gets to a point where this continues
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the City will need to take action. Lance asked the Council for direction. Lance said the worst example of this issue is 17 street east of
Ammon Road. Ron said when the townhouses were built that back up to Crowley Road, there were some people that put driveways in
and the City made them take the driveways out. Ron said the residents placed the fences back so they could pull in and park there. Ray
said they have actually been graveled and have a hard surface out to the street. Councilmember Slack asked if any structures have
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been built that are facing the street. Ray said no. Ron said the biggest concern is that in two or three years when the City widens 17
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street, we don’t want to curb cut into 17 street which we don’t want. Councilmember Powell said if what they are doing is wrong, the
City needs to step in and correct the problem. Councilmember Powell said he wants a certified letter giving a specified amount of time
to correct the problem and if it’s not corrected the City will take care of it for them. Discussion ensued regarding examples of illegal
accesses.
Tom Hunsaker, 2925 Carolyn Lane said there is one thing to double check on a property that had been discussed located
across from the High School. Staff needs to check with the BMPO to see when they issued the access management plan to determine
whether this property has been grandfathered in, but he feels that on every single case, we either have an official alleyway or we don’t
allow access.
2. Hitt Road Reconstruction (Lance/Ron):
Lance received a phone call from the City of Idaho Falls and said they
are at the point where they are negotiating right of way acquisition and they want to know how the City of Ammon wants to proceed
with its portion. Lance said the City would need to decide if it is going to use the City of Idaho Falls’ agent, or do our own right of
way negotiation. Lance explained the location of the current right of way, and where the future right of way will be.Discussion
ensued regarding the right-of-way. Councilmember Powell said the Council is okay with the City of Idaho Falls’ agent negotiating.
Councilmember Kirkham asked Lance to call Kent about a light at Target. Discussion ensued regarding the medians in the business
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plaza at 17 Street and Hitt Road.
3. Misc.:
Lance said with Sunnyside opening up, HK Contractors is substantially complete and have written a letter
to Forsgren requesting a letter of substantial completion on the Midway/ Eagle Interceptor and he is inclined to go ahead and issue that
to them. Councilmember Kirkham said it looks good.Lance updated the Council about the flows at the treatment center. Lance said
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the City’s sewer has been flowing to the Region since December 5.
Ron said the T.G.I. Friday business has closed and wanted to talk about the bartenders who are asking for a refund of their
fees and asked if the Council was ok with refunding them. The Council said yes to refund the fees.
Dave Noel, with Forsgren and Associates gave an update to the Council about the flows from the City of Ammon to the
Region. Dave said there are several metering stations and the actual flows are being tracked from them. Dave explained where the
metering stations are located and which directions they are flowing. Dave said the membranes are scheduled to be loaded on the
airplane in the morning from Australia and are scheduled to be onsite the first week in January. Dave said the official day the City
began flowing to the Region was December 5, 2011. Discussion ensued regarding ERU’s and cost of the flow. The Council thanked
Dave for all the good news.
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 to executive session pursuant to Idaho Code 67-2345(1-c). Councilmember
Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes,
Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed.
The meeting adjourned at 8:47 p.m.
___________________________________________
Steve Fuhriman, Mayor
_____________________________________
Ron Folsom, City Clerk
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