11152012CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, NOVEMBER 15, 2012
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL - AGENDA
THURSDAY, NOVEMBER 15, 2012 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Kirkham
Prayer – Councilmember Christensen
MINUTES:
None
ITEMS FROM MAYOR:
CONSENT AGENDA:
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
PUBLIC HEARINGS:
None
ACTION ITEMS:
1.Annexation – District 93 – Princess Drive
2.Annexation Agreement – District 93 – Princess Drive
3.Ordinance #522 – Annexation – District 93 – Princess Drive
4.Policy 50-001 – BMPO Access Management Plan
5.Resolution 2012-017 – Adoption of Policy 50-001-BMPO Access Management Plan
6.Award Bid for Above Ground Fuel Tank
DISCUSSION ITEMS:
1.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 Brian Powell
Councilmember Sean Coletti
Councilmember Russell Slack
City Attorney Scott Hall
City Administrator/Clerk/Planning Director Ron Folsom
Deputy Clerk Rachael Brown
City Treasurer Jennifer Belfield
City Attorney Lance Bates
City Officials Absent:
Councilmember Rex Thompson
Councilmember Brad Christensen
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 Kirkham led the Pledge of Allegiance. Councilmember Christensen offered a prayer.
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MINUTES:
None
ITEMS FROM MAYOR:
Mayor Fuhriman said the City received a letter from the Idaho Falls Museum thanking the City for
our support.
CONSENT AGENDA:
Accounts Payable – Exhibit A: Councilmember Powell asked Jennifer if the Caselle contract billing
was yearly or quarterly. Jennifer said every quarter. Councilmember Kirkham moved to approve the Accounts Payable – Exhibit A, as
presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes,
Councilmember Coletti – Yes, and Councilmember Slack – 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. Annexation – District 93 – Princess Drive:
Ron explained that when School District 93 bought the property for
Mountain Valley Elementary, the City required a secondary access to an arterial road. The north end of the property now under
consideration provides access to the canal road, which, with improvement by the District, provides access to Sunnyside Road. Ron
explained that the request is to annex the property with an RP-A designation. Ron said when they constructed Princess Drive; they put
five stubs in to where the lots would be once this property is platted. The School District plans on selling these lots. Ron explained that
the property is in the flood plain, and that in the annexation agreement it is required that the City show the property designated as in
the flood plain on the plat. Councilmember Coletti asked would the lots exit onto Princess Drive. Ron said yes. Councilmember
Kirkham asked what part of the flood plain would go through the property. Ron said all of it. Discussion ensued regarding the flood
plain.
Councilmember Kirkham moved to approve the Annexation – District 93 – Princess Drive. Councilmember Slack seconded.
Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, and Councilmember
Coletti – Yes. The motion passed.
2. Annexation Agreement – District 93 – Princess Drive:
The annexation agreement is a standard agreement. Itcovers
all the regular conditions of an annexation agreement. Ron said a few years ago we adopted a policy that as residential developments
happen we would require a lighting district. Lance and Ron talked about this at the most there are going be two lights. There is quite
a bit of work for a lighting district. Our recommendation is to not require a lighting district. Councilmember Kirkham asked can we
exempt one subdivision if we are requiring it of all the others. Scott said you can and if you have one light it is difficult to call that a
lighting district. A subdivision has multiple lights. As he understood the policy they wanted people in those areas to pay for their own
lights. Ron asked the Council to approve, but exempt 1-X.
Councilmember Kirkham moved to approve Annexation Agreement – District 93 – Princess Drive, with the exemption of 1-
X. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember
Powell – Yes, and Councilmember Slack – Yes. The motion passed.
Ordinance #522 – Annexation – District 93 – Princess Drive:
3. (Ordinance #522 was renumbered and changed to
Ordinance #523 on December 20, 2012 due to a duplication of numbers).
Councilmember Coletti read Ordinance #522: AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE
CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE
ANNEXED AND ZONED AND HEREBY ANNEXED AND ZONED AND DECLARING SAID LANDS A PART OF THE CITY
OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE
ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO;
PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. 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 Powell seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell – Yes,
Councilmember Kirkham – Yes, and Councilmember Slack – Yes. The motion passed.
Councilmember Coletti read Ordinance #522: AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE
CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE
ANNEXED AND ZONED AND HEREBY ANNEXED AND ZONED AND DECLARING SAID LANDS A PART OF THE CITY
OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE
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ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO;
PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. I move
the adoption of Ordinance #522 as an ordinance of the City of Ammon on its third and final reading. Councilmember Powell
seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, and
Councilmember Slack – Yes. The motion passed.
4. Policy 50-001 – BMPO Access Management Plan:
Ron said the policy board adopted the new Access Management
Plan in July 2012. We initially talked about an MOU (Memorandum of Understanding) between the BMPO, The City of Ammon and
other members. It was decided the best way to handle this would be for each entity to adopt its own resolution or ordinance.
Councilmember Powell moved to approve Policy 50-001 – BMPO Access Management Plan. Councilmember Slack
seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Kirkham – Yes, and
Councilmember Coletti – Yes. The motion passed.
5. Resolution 2012-017 – Adoption of Policy 50-001-BMPO Access Management Plan:
Ron said approving the
resolution is how we adopt the policy. Councilmember Kirkham moved to approve Resolution 2012-017 – Adoption of Policy 50-001
– BMPO Access Management Plan.
Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes,
Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed.
6. Award Bid for Above Ground Fuel Tank:
Ron explained that this bid was previously awarded; but after it was
awarded it was discovered that the City had not followed the state code exactly. The language in the RFP (Request for Proposal) said
that there was installation of materials, and State Statute requires whoever receives the award to be a public works licensed contractor.
The company originally awarded the bid did not have a public works license. The original bid went through the regular bid process.
Ron explained that during this process we learned that because the price was between $25,000 and $100,000 the City only needs to
obtain three bids to qualify. Ron had the state send a list of all the qualified contractors for this particular job and invited them to bid
on it. We originally received three bids, and this time we received four bids, including one from the original bidder. LEPCO, the
company that won the original bid, still came in less than the others. Councilmember Powell asked if they had gotten the license. Ron
said they had already gone through the entire process except for the testing. After the City discovered the mistake, the State contacted
LEPCO and told them there was a test on Thursday and by Monday they had their license. Their bid is considerably less than the
others and this bid was actually $250 less than their original bid. The next bid was $7000 above LEPCO’s. Ron requested the Council
approve, and authorize the Mayor to sign the contract.
Councilmember Slack moved to Award the Bid for the Above Ground Fuel Tank to LEPCO in the amount of $66,307.
Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember
Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed.
DISCUSSION ITEMS:
1. Misc.:
Jennifer explained that she and Ron scheduled flu shots at the City Building on November 29th for all employees
and dependents covered by our insurance. The cost is $25.00 for uninsured family members. Councilmember Powell asked Jennifer to
send an email reminder the day before.
Jennifer said the audit has been going very well, and one item she wanted to clear up was the water reserve. Jennifer
explained that according to the DEQ contract, within 5 years the City needs to have one year’s worth of reserves saved. Jennifer said
through the investment plan, we were hoping to have the one year emergency amount, and asked if it is okay to break that out on the
financial statement as a separate reserve. Councilmember Kirkham said yes. Councilmember Powell asked Jennifer about the negative
balance in the building fund, does that get charged back to the General fund. Jennifer said no, it continues in the negative; originally
we said the General fund would fund it, so the Building fund would start at zero balance each year. When we budget, we would
budget so the building would pay the general back, so we determined that we would just let the building go in the negative. When they
have positive reserves it would bring it back up because essentially the General is taking care of the tab but if we leave it on the budget
with a negative balance, when they receive funds it can stay there. Councilmember Powell asked about the reserve fund balance for
East Hills. Jennifer said in 1974 there was something on the East Hills that had paid around $3,300 and its value has grown from
interest earned over the years.
Lance said after finishing the sewer project at the lift station at Overland Road, Scott Barry has looked at it and has
determined that because of the new building the generator no longer has a long enough cord to connect to the lift station. Lance said
he asked if this was a project related cost, or if this was EIRWWA maintenance cost, but still doesn’t have an answer. Lance would
like this resolved at the next EIRWWA meeting. Councilmember Kirkham asked if the cord is just too short. Lance said they looked
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into extending the cord, but for some reason the electrician came back with a cost of $1000 for both ends and over $3000 for the
lengthened cord. Lance said it is a three phase mobile generator. Discussion ensued regarding the generator for the region.
Councilmember Kirkham said Christmas is coming and the Council always gives a token of appreciation for the staff and
wanted to make sure they are planning to do the same thing this year. Traditionally the Council gives hams, but wanted to know if the
Council would like to do something different. The Mayor said he likes ham and thinks that would be fine. Jennifer feels the hams
would still work well. The Mayor and Jennifer will work together in getting the hams for the staff. Jennifer will get the Christmas
cards for the Council to sign.
Councilmember Kirkham said she and Ron met with Scott Bishop yesterday about Hitt Road and Target. A representative
from Target was present at the meeting as well. Councilmember Kirkham said she talked to them about coming in behind 25th Street,
but they felt there wasn’t enough room for their trucks to turn around and they are very concerned. Councilmember Coletti said they
brought in an engineering company to prepare an alternative design that all the merchants are in favor of. Councilmember Kirkham
said Target and Albertsons paid for the engineer to prepare the alternative design, but the City of Idaho Falls has not seen it yet.
Councilmember Slack said the whole thing makes him sick. Councilmember Kirkham said Target has documentation showing their
sales have been down 10% since the barrier was installed, and they have not recovered since then. Discussion ensued regarding the
options for Hitt Road.
Councilmember Kirkham said the update on Costco is that we are still in a holding pattern. Costco has set up one of their stores
in another test market (Rochester, NY) that they said was similar to the City of Ammon. They are going to watch the sales for three
months, and if it is successful then they are coming to Ammon.
Councilmember Coletti said this is his yearly reminder about donating to the Spirit of Ammon Scholarship. There will be a
tax write off and the year is almost up. Councilmember Coletti explained to the audience that the scholarship money is given 100% to
a worthy student of the City of Ammon to attend EITC to further his or her education.
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-f&b). Councilmember
Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and
Councilmember Slack – Yes. The motion passed.
The meeting adjourned at 7:35 p.m.
___________________________________________________
Steve Fuhriman, Mayor
__________________________________________________
Ron Folsom, City Clerk
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