04192012CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, APRIL 19, 2012
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL - AGENDA
THURSDAY, APRIL 19, 2012 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Slack
Prayer – Councilmember Coletti
MINUTES:
February 9, 2012
ITEMS FROM MAYOR:
Proclamation: May 2012 as Bicycling Month
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
PUBLIC HEARINGS:
#2012-005 Sewer Capacity Replacement Fees – City of Ammon and collection of EIRWWA fees.
ACTION ITEMS:
1.
Ordinance #515 and Summary – Keeping of Domestic Hens
2.
Water Rights Purchase – Idaho Water Company, LLC
DISCUSSION ITEMS:
1.
Dare Program - Domenique Borg (Brian)
2.
Rocky Mountain Power Park Grant
3.
Mayor’s Citizens Advisory Committee
4.
BMPO Boundaries
5.
Massage Therapist Licensing
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 Administrator/Clerk/Planning Director Ron Folsom
Deputy City Clerk Rachael Brown
City Treasurer Jennifer Belfield
City Engineer Lance Bates
Public Works Supervisor Ray Ellis
City Officials Absent:
Councilmember Brian Powell
16
City Council Minutes 4-19-12 Page of
CALL TO ORDER:
Mayor Steven Fuhriman opened the meeting at 7:00 p.m. at the City Hall building located at 2135
South Ammon Road. Councilmember Slack led the Pledge of Allegiance. Councilmember Coletti offered the prayer. Mayor Fuhriman
welcomed former City of Ammon Mayor Mel Richardson to the meeting.
MINUTES: February 9, 2012:
Councilmember Kirkham moved to approve the minutes, as presented. Councilmember
Christensen seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Christensen – Yes, Councilmember Slack –
Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Abstain (Absent). The motion passed.
ITEMS FROM MAYOR: Proclamation: May 2012 as Bicycling Month:
Mayor Fuhriman read the City of Ammon
Proclamation, Bicycling Month, proclaiming May, 2012 as Bicycling Month in the City of Ammon.
Mayor Fuhriman said there is a bicycling event on May 18th commemorated with a bike ride and invited everyone to
participate.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday, April 19, 2012
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.RENEWAL BUSINESS LICENSE APPLICATION:
A. Café Rio Mexican Grill – Restaurant – 2537 S. 25th E.
HOME OCCUPATION PERMITS:
1.NEW HOME OCCUPATION PERMITS:
A. Zman1 Enterprises Inc. – E-Commerce – 3175 Western Ave.
B. Spic N Span Windows, LLC. – Window Cleaning – 131 Robison Dr.
2.RENEWAL HOME OCCUPATION PERMITS:
A, Ford Nos Parts, LLC. – E-Commerce – 4130 Wanda St.
B. Cuts, Colors, Curls – Salon – 3015 Western
C. Hill Enterprises – Vending Machines – 3697 Ellendale Cir.
D. Seward, Jessica – Salon – 5651 Treyden
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
A. Rumbi Island Grill – Restaurant/Beer & Wine on Premise Consumption – 2035 S. 25th E.
B. Ameritel Inn - La Quinta – Hotel/Beer & Wine on Premise Consumption – 2501 S. 25th E.
ITINERANT BUSINESS LICENSE:
1.NEW ITINERANT BUSINESS LICENSE:
A. Pupuseria Latina – Food Vender – 1358 Falcon Dr.
B. Treehouse Nursery & Landscape – Flowers/Plants – 3265 W. 2000 N., Rexburg, ID.
MASSAGE THERAPIST LICENSE:
1.NEW MASSAGE THERAPIST LICENSE:
A. Rodriquez, Marlissa – Massage Therapy/Massage Envy – 3047 S. 25th E.
2.RENEWAL MASSAGE THERAPIST LICENSE:
A. Lewis, Benjamin – Massage Therapy/Massage Envy – 3047 S. 25th E.
26
City Council Minutes 4-19-12 Page of
Business License:
Councilmember Coletti moved to approve the Business License Consent Agenda, as presented.
Councilmember Slack seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember
Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed.
Accounts Payable – Exhibit A:
Councilmember Slack asked about the Forsgren invoices for Segment C.
Councilmember Kirkham said the Forsgren invoice is for the continuation of construction for Segment C, and the other invoice is for
the (Iona Bonneville Sewer District) IBSD separator line project.
Councilmember Kirkham moved to approve the Accounts Payable – Exhibit A, as presented. 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.
ITEMS FOR/FROM TREASURER:
Jennifer explained to the Council that on all of their computers they can now
access the accounts payable through a program called Laserfich. Councilmember Coletti asked if the information was only available to
personnel. Jennifer said it is also available on the City website for anyone to view. Councilmember Christensen asked if the
documents were searchable by a keyword. Jennifer said yes, the program is (Optical Character Recognition) OCR and can be searched
by a keyword. Councilmember Kirkham asked if the accounts payable on Council night would also be available online. Jennifer said
no, not until after it has been approved and paid. Jennifer said everything is there for the Council’s convenience and for transparency.
Jennifer reminded the Council to meet with their prospective Department Heads to go over next fiscal year budgeting.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
Jeff Riggins, 3725 Brookfield Lane said he is asking the Council for approval of his Eagle Scout project. Jeff explained he
has chosen to work with the parks picnic tables to help prepare them for the upcoming summer season. Jeff said he will inspect each
table and evaluate what needs to be done to return them to working condition. Councilmember Kirkham said that was fantastic.
Councilmember Thompson asked Jeff if he had spoken with Ken Knoch about his proposed project. Jeff said yes he has spoken with
Ken.
PUBLIC HEARINGS:#2012-005 Sewer Capacity Replacement Fees – City of Ammon and collection of EIRWWA fees:
Mayor Fuhriman opened the public hearing and explained the hearing process to the public. No written comment was
received.
Councilmember Kirkham said this is not the City of Ammon’s capacity replacement fee that we are looking at raising. The
Regional has already adopted a $3,600 rate, and they then pass it along to the municipalities and counties that are in the region which
includes Bingham County, Bonneville County, the City of Shelley and the City of Ammon. Councilmember Kirkham said it falls in
the City’s lap to agree with the $3.600 whether we agree to it or not, this is the amount that has been set and the City will owe this to
the region whether we collect it or not. Councilmember Kirkham and Councilmember Powell will be presenting an alternative that she
hopes will reduce the rate to $3,000 instead of 3,600. Ron said the fees will be collected by the City and then sent to the Region.
Greg Hansen, 5699 Veil, thanked Councilmember Kirkham and said he went to the Regional meeting and voiced his opinion
and appreciates she has a plan. Greg asked when this will be implemented. Councilmember Kirkham said May 1, 2012. Greg said he
knows this is not the place to get the Regional fee reduced because it has already been set in stone. Councilmember Kirkham said she
appreciates Greg’s comments and welcomes him to attend the Regional meetings. Councilmember Kirkham is going to set up a time
for Greg to meet with herself and Councilmember Powell next week.
Councilmember Kirkham moved to approve Resolution 2012-005 Sewer Capacity Replacement Fees and the City will collect
and pay the current rate to EIRWWA as long as it does not exceed $3,600. 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.
Mayor Fuhriman closed the public hearing.
ACTION ITEMS:
1. Ordinance #515 and Summary – Keeping of Domestic Hens:
Heather Buck, 4187 Frontier Drive said she wanted
to publicly apologize for “spouting off before she thinks”. Heather brought refreshments for the audience and Council to thank them
for working with her.
Councilmember Coletti read Ordinance #515 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING, TITLE 5, CRIMINAL CODE, CHAPTER 3, ANIMALS, SECTION 8, KEEPING OR
36
City Council Minutes 4-19-12 Page of
MAINTAINING ANIMALS; ITEM (E) KEEPING OR MAINTENANCE OF DOMESTIC HENS; PROVIDING FOR
SEVERABILITY; REPEALING CONFLICTING ORDINANCES 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 Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes,
Councilmember Christensen – Yes, Councilmember Slack – Yes, and Councilmember Kirkham – Yes. The motion passed.
Councilmember Coletti read Ordinance #515 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING, TITLE 5, CRIMINAL CODE, CHAPTER 3, ANIMALS, SECTION 8, KEEPING OR
MAINTAINING ANIMALS; ITEM (E) KEEPING OR MAINTENANCE OF DOMESTIC HENS; PROVIDING FOR
SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move the adoption
of Ordinance #515 and Summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Thompson
seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes,
Councilmember Slack – Yes, and Councilmember Kirkham – Yes. The motion passed.
1. Water Rights Purchase – Idaho Water Company, LLC:
Scott said the City has two water rights contracts, one
being a single water right and the other a divided water right. Scott directed the Council to a document presented on SharePoint
showing the City’s existing water rights and explained the existing water rights the City owns. Discussion ensued regarding the
current water rights information. Scott said these water rights come from near the Country Club and that’s why they are confident that
the Department of Water Recourses will ultimately approve this. Scott said the priority dates are 1952 and 1973 water dates and the
reason they are important is the last major drought we had, the Director of the Department of Water Resources put on notice those
having 1979 and later water rights that they might not be able to pump. Scott says that information means these are good water rights.
Scott said these will allow you to pull .7CSF which is 314 gallons per minute. Councilmember Kirkham said it is disconcerting that
the City’s largest water rights are 1979 and later and said there is a real possibility of curtailment if we were in a drought.
Discussion ensued regarding water curtailment, usage, and capacity replacement fees. Councilmember Kirkham asked Ray how much
water the City is pulling out. Ray said 1.6 billion gallons. Councilmember Kirkham asked Brent Johnson (with Rockwell Homes) if he
thought the cost was a good deal. Brent said he didn’t want to get in the middle of this issue but said no, it was not a good deal. Scott
said his information is coming from a water rights lawyer. Councilmember Kirkham said she has always been told if you are given an
opportunity to buy water rights, you should do it. Councilmember Kirkham said the City is at capacity and needs more water rights.
Councilmember Kirkham said the City needs to be more aggressive in obtaining water rights. Councilmember Kirkham polled the
other Councilmember’s about whether they were all in agreement about this purchase. Councilmember Christensen said he would like
to do more research. Councilmember Slack said the City is in need of purchasing water rights. Ray and Lance both said the City needs
to purchase these water rights. Councilmember Kirkham moved to approve the Water Rights purchase for 25-14370 and 25-14346 for
$121,221 and authorize the Mayor to sign. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen –
Yes. The motion passed.
Councilmember Kirkham moved to approve the Water Rights purchase for 35-14162 for $45,000 and authorize the Mayor to
sign. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember
Coletti - Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes. The motion passed.
DISCUSSION ITEMS:
1. Dare Program - Domenique Borg:
Councilmember Kirkham said because Councilmember Powell put this item on
the agenda but is not present, the Council will open the floor for discussion.
th
Domenique Borg, 4004 S 45 E in Bonneville County said she appreciates the Council listening to her today. Domenique said if the
City doesn’t pay for part of the DARE program then her child can’t participate in the program. Councilmember Kirkham said when
the City first talked about not being able to fund the DARE program any longer it was indicated that the DARE program would
continue in schools located in the County and just be eliminated in the schools located in the City of Ammon. Domenique said her son
goes to Mountain Valley School which is a school in Ammon. Domenique stated some statistics about why DARE is needed in the
schools, and has brought some ideas for funding. Councilmember Kirkham said there isn’t anyone on the Council who doesn’t see the
value of the DARE program, but she would like to hear Dominique’s alternatives for funding. Councilmember Kirkham said she
wanted to stress that when the DARE program was active in the schools; the City of Ammon was the only municipality that
contributed. Councilmember Kirkham said the School District has never contributed monetarily to the program. Councilmember
Thompson said over half of our property taxes go to the School District. Councilmember Slack said they have never contributed
monetarily to the program and neither does any other municipality and so you can see where the City has been in a budget crunch and
this is not a City program. Discussion ensued regarding funding. Councilmember Coletti said it brings to mind, the question of why
DARE costs so much. Domenique said she spoke to Sam Hulse about the cost and he told her it was based on the number of students.
Councilmember Slack said he is frustrated because the City of Ammon was the only municipality that was contributing and then when
we cut it out of our budget, they are holding us hostage by not having a DARE program in the City boundaries of Ammon because we
are no longer funding it. Domenique said if the City of Idaho Falls pays for it through a private fund, why we can’t do that.
46
City Council Minutes 4-19-12 Page of
Councilmember Kirkham said we can, you just need to find a private donor. Councilmember Coletti said we have to take care of the
City’s primary responsibilities first. Domenique said her proposal is to create a committee that would look for funding for the DARE
program.
Jenn Dawson, 3110 Ross Avenue said the PTO would be more than happy to talk with other PTO’s. She feels Domenique is
trying to express that they are looking for all parties to communicate with each other and work together. Jenn said they are looking for
everyone to be on the same page, and nobody in the district ever mentioned that the schools outside the area were not contributing.
Councilmember Slack said if they can find a creative way to get the funding, the City can put that through the City billing statements
and the Council is more than happy to help out that way. Discussion ensued about other programs that could help find funding.
2. Rocky Mountain Power Park Grant:
Councilmember Christensen presented a document to the Council that
defined a public/private partnership with Rocky Mountain Power for a grant. Councilmember Christensen said Ken solicited a partial
grant to help fund some reels for the pool covers, and benches, tables, and seating next to the pool. Councilmember Christensen said
they are hopeful about receiving $2,000 from Rocky Mountain Power. Councilmember Kirkham asked if the pool really has to get rid
of the diving board. Councilmember Christensen said Ken was able to get a waiver for two years. Councilmember Thompson asked if
the swimming pools are required to have a handicap lift. Ron said he and Ken talked about it and he believes there was a waiver for
existing pools and unless they have specific programs they don’t need it. Councilmember Kirkham said this is what Ken does well.
3. Mayor’s Citizens Advisory Committee:
Mayor Fuhriman said he needs some direction from the Council and
asked if they had each decided on nominees. Councilmember Christensen said he has one person and can get another one right away.
Councilmember Kirkham said the Council will email the candidates’ names to the Mayor.
4. BMPO Boundaries:
Ron displayed the current (Bonneville Metropolitan Planning Organization) BMPO
boundaries map and explained what the boundaries were. Ron said the main reason he is bringing this to the Council is in 2000 we had
about 6700 people within the urbanized area and in 2010 we ended with almost 91,000, with 32% of that change due to the population
in Ammon.Scott said during that time frame, the City of Ammon was the fasted growing community.
5. Massage Therapist Licensing:
Ron said he brought this item to Council because he needs some guidance. Ron
said the State of Idaho finally did the right thing and will now be licensing massage therapists. Ron said when we adopted this
ordinance originally the organization in the State of Idaho that represented massage therapists had pushed the legislature to do
something and they wouldn’t, but now they have done it. Ron said they gave the existing massage practitioners until July 31, 2014 to
become licensed with the State. Ron said his question is at what point do we say, you have to be licensed with the State and we are not
going to do this anymore. Discussion ensued regarding the time frame to end City licensing for massage therapists. Councilmember
Coletti said all you have to say in the massage licensing statue is to comply with the State Statute. Ron asked if we really want to
continue separate licensing for massage therapists, or do we simply require a general business license. Councilmember Kirkham said
to stop charging for massage licensing immediately. Ron asked Scott if he should repeal the ordinance. Scott said yes.
Ron said Scott Bishop called and asked if the Council knows what is going on with the City of Idaho Falls project and where
they are at in obtaining right-of-ways. Ron said Scott informed him they were called recently by the right-of-way negotiator and asked
why they hadn’t responded. Scott told him he had hired an attorney to find out what they can do to fight the taking. Scott said their
attorney had asked the City of Idaho Falls for the plans and that Idaho Falls said the plans are not finalized. Councilmember Kirkham
said the project has been postponed for a year. Councilmember Christensen said his concern is that this just adds to the perception that
Ammon is not being cooperative which is not the reality. Councilmember Christensen said the only part of the project that the City
disapproves of is the median and the u-turns. Councilmember Slack said the problem is that the City of Idaho Falls needs to acquire
some property that is on Ammon’s side of the street in order to finish the turns, and Scott Bishop is not going to give them the land
until they figure out what to do with the medians. Discussion ensued regarding the Hitt Road intersection. Councilmember Christensen
said it is due to the City of Idaho Fall’s own negligence that they have not been able to move forward with it and now they say that the
City of Ammon doesn’t want to cooperate. Councilmember Slack said the City of Idaho Falls feels that the City of Ammon
stonewalled the project, because we had asked our developers to come and talk to them. Councilmember Coletti said the City of
Ammon is not harmed by the project being postponed for a year.
Lance reported that he and the Mayor met with Kevin Eckersell of Bonneville County Road and Bridge regarding the 1st
Street and Ammon Road intersection. Lance said that Kevin is applying for some extra safety money that is available through (Local
Highway Technical Assistance Council) LHTAC. Lance said he drafted a letter on behalf of the City of Ammon in support of the
project stating we do have an (Memorandum of Understanding) MOU, and we fully support the installation of a signal light at that
location. Lance said Kevin will be submitting the application soon.
56
City Council Minutes 4-19-12 Page of
Lance said HK Contractors will be removing the access roads on Sunnyside. Councilmember Kirkham asked if the Council
thought the bypass roads were worth it. Councilmember Slack said no. Councilmember Kirkham said she used them every day.
Lance said the York Road wastewater meter appears to be reading high and the average he got was 1.4 million gallons per
day, but the treatment plant shows around 1.1 million gallons per day. Councilmember Kirkham said it is not calibrated. Lance said
the City is anticipated at flowing at 1.1 million gallons per day. Discussion ensued regarding the wastewater flow meter and whether
it is accurate. Councilmember Kirkham said for $25 million dollars she feels we should be able to read the flow meters.
Councilmember Thompson said he went through the general budget and he was wondering if the City wanted to contribute to
the Museum of Idaho again. Councilmember Thompson said the contribution last year was $10,000. Councilmember Kirkham said
she asked them to come back and report to the Council how they spend the funds and how it was beneficial to them.
Councilmember Kirkham said she was approached by a young man that is looking for an Eagle project. Ron suggested
having him contact Chief Hyde about performing a fire hydrant painting project. Scott said he could also contact Craig Daniels at
Bonneville County.
Councilmember Coletti asked about the curbside recycling. Ron said the name of the business was 3 Frogs Recycling, and it
did not make it. Ray suggested converting some of the City’s trash bins, and he thought the Quonset hut could be used to house the
recyclables. Councilmember Kirkham said she feels the City should move in that direction.
Councilmember Coletti asked the Council who could attend the (Eastern Idaho Technical College) EITC Foundation for the
Spirit of Ammon scholarship banquet. Councilmember Kirkham said she would be unable to attend. Councilmember Slack said he had
training, but would try to come for a while. Discussion ensued regarding the scholarship amount.
Rachael informed the Council of the upcoming AIC Annual Conference in Boise, and asked the Councilmembers to let her
know if they would be attending. Scott suggested asking the Council about the summer schedule for Council dates.
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 Slack moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1-b, c and f).
Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember
Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed.
The meeting adjourned at 9:23 p.m.
________________________________________
Steven Fuhriman, Mayor
____________________________________________
Ron Folsom, City Clerk
66
City Council Minutes 4-19-12 Page of