09022010CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, SEPTEMBER 2, 2010
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, SEPTEMBER 2, 2010 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Coletti
Prayer – Councilmember Thompson
MINUTES:
July 8, 2010*
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:
2010-011LD Ammon Lighting District #1 – Annual Appropriation Budget - City Council acting as Board of
Directors for Lighting District*
ACTION ITEMS:
1.Ammon Lighting District #1 Ordinance #100 - Annual Appropriation Budget - City Council Acting as Board of Directors for
Lighting District (Jennifer)*
2.Ammon Lighting District #1 - Annual Maintenance Contract – Power House Electrical, LLC - City Council Acting as Board of
Directors for Lighting District (Jennifer)*
3.Approve L2 Tax Levy - Authority to Levy Property Taxes (Jennifer)
4.Approve Transfer of Funds from General to Building (Jennifer/Charlie)
5.Final Plat – Gold’s Gym Briar Creek (Ron)*
6.Development Agreement – Gold’s Gym Briar Creek (Ron)*
7.Peterson Park Playground and Sidewalk Bid Approval (Ken/Slack)*
8.Declare Minimum Surplus Value on Quail Ridge Estates, Division 8, Block 10, Lot 15 Real Property and Set Hearing Date of
Oct. 7 (Ron/Scott)*
9.Appoint Boardmember to AIC Urban Renewal Task Force (Mayor)*
10.IBSD - Separation of Lines (Kirkham)
DISCUSSION ITEMS:
1.SCADA Building Update (Lance)
2.Chipseal Update (Lance)
3.MOU Meeting with City of Idaho Falls - Results (Mayor)
4.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 Lee Bean
Councilmember Brian Powell
Councilmember Rex Thompson
Councilmember Sean Coletti
Council Minutes 9-2-10
Page 1 of 9
Councilmember Russell Slack
City Attorney Scott Hall
City Clerk Leslie Folsom
City Engineer Lance Bates
City Planner Ron Folsom
City Treasurer Jennifer Belfield
City Officials Absent:
None
CALL TO ORDER:
Mayor Steven Fuhriman opened the meeting at 7:00 p.m. at City Hall building located
at 2135 South Ammon Road. Councilmember Coletti led the Pledge of Allegiance. Councilmember Thompson
gave the prayer.
MINUTES:
July 8, 2010*: Councilmember Thompson requested that on Action Item #3 street lights be
changed to stop lights. Councilmember Thompson motioned to approve the minutes with the requested correction,
as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember
Slack – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and
Councilmember Kirkham – Yes. The motion passed.
ITEMS FROM MAYOR:
Councilmember Slack requested that Jennifer Kerner come up to receive a plaque
for 21 years of dedicated service to the City of Ammon as manager of the Swimming Pool. Council thanked her for
everything she has done through the years.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday September 2, 2010
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.Neuenschwander, Natalie – Daycare Employee/Sunny Days – 4366 E. 17 Street
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B.Recessionista, Inc. – Retail/Online Sales – 4406 E. 17 Street
2.RENEWALBUSINESS LICENSE APPLICATION:
A.McPherson & Associates – Finance – 1488 Midway Ave
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B.Center Partners – Contact Center – 3544 E. 17 Street, Suite 210
HOME OCCUPATION PERMITS:
1.NEW HOME OCCUPATION PERMITS:
A.Melodee’s Preschool – Daycare (Maximum Children 5) – 4171 Forest Glen Drive
B.The Farmer’s Daughter Garden – Produce, Vegetables, Fruits & Flower Sales – 3210 E. Sunnyside Rd.
2.RENEWAL HOME OCCUPATION PERMITS:
A.Owens, Jamie – Daycare (Maximum 12 children) – 3465 Senoma Circle
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.
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A.Layton, James Douglas – Bartender/T.G.I. Friday’s – 2665 S. 25 E.
MISC: MASSAGE ESTABLISHMENT
1.NEW MASSAGE BUSINESS LICENSE:
Council Minutes 9-2-10
Page 2 of 9
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A. Topaz, Victoria – Massage Therapist/Massage Envy – 3047 S. 25 E.
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B. Villagomez, Catherine - Massage Therapist/Massage Envy – 3047 S. 25 E.
C. Webb, Angie – Massage Therapist/Retreat Day Spa & Salon – 1489 Curlew Drive
2.RENEWAL MASSAGE BUSINESS LICENSE:
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A. Tew, Chantel - Massage Therapist/Massage Envy – 3047 S. 25 E.
B. Hansen, Brittany - Massage Therapist/Retreat Day Spa – 1489 S. Curlew
Business License*: Councilmember Kirkham motioned to approve the business licenses, as
presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and
Councilmember Coletti - Yes. The motion passed.
Accounts Payable – Exhibit A: Councilmember Bean requested seeing EIRWWA billings after
approval. Councilmember Kirkham requested the budget expense chart be given quarterly at the work session.
Councilmember Bean motioned to approve the account payable, as presented. Councilmember Slack
seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Kirkham –
Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Powell - Yes. The
motion passed.
ITEMS FOR/FROM TREASURER:
Jennifer advised the Council that the City will be offering flu shots at
no charge for all full-time employees with Altius. All others are $22.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
Judy Young,
2935 Oakhaven Circle, Ammon said she is still concerned with the water rate increases. She has no problem with
the $9.50 this year, but next year she would request a better fair and equitable solution. R1 rates are being raised
111% while RP, RP-A, and RE rates are being raised 80%. She would like everyone to be raised by the same
percentages. She is not in favor of meters, since she still feels there will be a base rate plus water charge and she
likes to be able to use the water as she feels she needs. She asked that everyone gets raised 111% to match her
increase.
PUBLIC HEARINGS: 2010-011LD Ammon Lighting District #1 – Annual Appropriation Budget -
City Council acting as Board of Directors for Lighting District*:
Mayor Fuhriman read the procedure for the
public hearing. There was no public comment. Mayor Fuhriman closed the public hearing.
ACTION ITEMS:
1. Ammon Lighting District #1 Ordinance #100 - Annual Appropriation Budget - City Council Acting
as Board of Directors for Lighting District (Jennifer)*:
Councilmember Bean asked Jennifer if there was a
separate checking account for the Lighting District. Jennifer stated at this time she uses the same checking account,
however, she is checking with Judy. Scott Hall recommends that the City uses a separate checking account.
Councilmember Bean motioned to approve the budget for the Lighting District, as presented.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and
Councilmember Slack – Yes.
Councilmember Slack read Ordinance 100
AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 APPROPRIATING THE SUM OF $2,650 TO DEFRAY THE
EXPENSES AND LIABILITIES OF THE AMMON LIGHTING DISTRICT #1, AMMON, IDAHO FOR SAID FISCAL YEAR;
AUTHORIZING AN ASSESSMENT UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR
Councilmember Slack motioned that the board dispense with the rule
WHICH SAID APPROPRIATION IS MADE.
requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember
Thompson seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Thompson – Yes,
Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember
Coletti – Yes. The motion passed.
Council Minutes 9-2-10
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Councilmember Slack read Ordinance #100
AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 APPROPRIATING THE SUM OF $2,650 TO DEFRAY THE
EXPENSES AND LIABILITIES OF THE AMMON LIGHTING DISTRICT #1, AMMON, IDAHO FOR SAID FISCAL YEAR;
AUTHORIZING AN ASSESSMENT UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR
Councilmember Slack motioned the adoption of Ordinance #100 as an
WHICH SAID APPROPRIATION IS MADE.
ordinance of the Ammon Lighting District #1 on its third and final reading. Councilmember Thompson seconded.
Roll Call Vote: Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes,
Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Coletti - Yes. The motion
passed.
2. Ammon Lighting District #1 - Annual Maintenance Contract – Power House Electrical, LLC - City
Council Acting as Board of Directors for Lighting District (Jennifer)*:
Ron said Power House Electrical is
willing to accept the contract the same as it was last year. Ron said we will negotiate in July next year. Scott said
the difference between the contract and the budget is the cost of the City’s operating expenses, as well as, Rocky
Mountain Power.
Councilmember Bean motioned to approve the independent contractor agreement between Power
House Electrical LLC and Ammon Lighting District #1and authorize the Mayor to sign the contract.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes,
Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and
Councilmember Slack – Yes. The motion passed.
3. Approve L2 Tax Levy - Authority to Levy Property Taxes (Jennifer):
Jennifer explained this is
submitted to the County and she wants the Council to be aware and agree with what is being sent. Councilmember
Thompson asked where the $2.1 million revenues come from. Jennifer said the property tax revenue.
Councilmember Bean asked what the cash forward balance is. Jennifer said the number is a balancing figure.
Councilmember Bean motioned to approve the L2 Tax Levy authorizing to levy the property taxes, as
presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack –
Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and
Councilmember Kirkham – Yes. The motion passed.
Councilmember Thompson asked what the levy rate is. Jennifer said it was .0025861. Last year was
.002432. Council looked over the property tax valuations from last year compared to this year.
4. Approve Transfer of Funds from General to Building (Jennifer/Charlie):
Jennifer stated when the
original budget was done; the City had anticipated transferring over $76,000 from the general fund to the building
fund. However, the grant funds of $50,000 are just starting to be received. The building dept revenue is still under
by $125,000, with the exact amount coming after the audit. The grant covers two years. 2011 is budgeted for
$50,000. May’s revenues was higher than 2009, however, June and July’s revenues were lower. Jennifer said there
will be approx. $20,000 received in this fiscal year, or $20,000 in 2010, $50,000 in 2011, and $27,000 in 2012.
Councilmember Bean was wondering if the funds should go back into the general fund, since the City will be
funding it. Jennifer said the City will still have to be funding the Building department, even with the grant funds.
Councilmember Kirkham motioned to approve the transfer of funds from the general fund to the
building fund, not to exceed $130,000 with the amount being kept track of as an interdepartmental loan by the
treasurer and reimbursed in a future year from the building fund to the general fund.. Jennifer said it has been stated
that it will be a loan to be paid back with future funds. Councilmember Bean seconded. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember
Slack – Yes, Councilmember Coletti – Yes, and Councilmember Powell – Yes. The motion passed.
Councilmember Bean asked how this will affect the general budget this year. Jennifer said any leftover
balance was supposed to go to streets, so this will make less money added to streets. Councilmember Slack said the
Council made the Parks Department reduce his budget by $50,000, because they came up short.
Councilmember Powell asked Charlie what his best guess for revenue will be for this year. Charlie
said we were up 34% in revenues in May, but with June July and August we are now down 16%. These are usually
the departments’ best months. The City is still up with single family and commercial, but we have had no big ticket
items. He asked the Council if they still support this. Charlie said we are one of the few Cities where the building
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department stands alone and he likes it. He doesn’t feel they can be in the black for the next two years.
Councilmember Bean said last year they used up the building reserves and this year they have to turn to general
funds. Councilmember Bean said Charlie is correct with his thoughts. Charlie said they performed inspections for
the City SCADA building, wells and tanks that would have amounted to $25,000. In the good years the building
dept has brought in a lot more money than expended, then at a certain date the City set the building department
budget at a certain amount of funds. Councilmember Bean said he doesn’t know if we have put that much pressure
on all the departments for cuts. We are digging into reserve funds and the more we use, the less we will have for
roads. He doesn’t understand broadband and IT, but are there any other areas to cut? Leslie said there is only one
more person in the general office from when we had 3000 constituents and now we are at 14,000 constituents. The
Council is getting the bang for their buck from the general government. Councilmember Bean said we have a very
small levy rate. Councilmember Kirkham said Public Works is the main service of the City, namely water, sewer
and garbage. When push comes to shove, parks are an extra, but you have to have water, sewer and garbage. Scott
said he wonders if the bond can cover the cost of the building inspections. Councilmember Kirkham said the City is
taking advantage of this to have more funds for the infrastructure. Councilmember Powell said he has complete
confidence with the staff and they are doing the best they can with what they have to work with. Charlie wants to
know the Council’s opinion on where he needs to go. Councilmember Kirkham said the Council doesn’t know this,
at this time. Councilmember Slack asked if Charlie’s employees are busy all the time and only he knows that.
Council will discuss this matter and have Councilmember Thompson let Charlie know.
5. Final Plat – Gold’s Gym Briar Creek (Ron)*:
Ron showed the plat to the Council and explained the
locations.
Councilmember Bean motioned to accept the final plat for Gold’s Gym Briar Creek, subject to technical
review. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell –
Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and
Councilmember Kirkham – Yes. The motion passed.
6. Development Agreement – Gold’s Gym Briar Creek (Ron)*:
Ron said there is approx. $8600
worth of frontage fees as part of this project. They will be reimbursing the City for the water line in Ammon Road.
This is a standard boiler plate development agreement with the special condition to widen Ammon Road to match
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the existing road improvements from 17 to Briar Creek Lane, improvements will include all frontage included in
the Gold’s Gym Briar Creek plat, improvements approved by the City Engineer and required improvements of any
site plan. Ron explained to the new members how a development agreement is created and what the items do to
protect the City. Ron said our sewer standards meet IBSD’s and Idaho Falls standards. Warranties are good for one
year from City acceptance. Scott said our development agreement mirrors the annexation agreement.
Councilmember Powell asked where the water rights are acquired. Ron said this is done on the final plat. Scott said
the City does provide on the annexation agreement that they will transfer the rights, but we don’t require the transfer
until the final plat. Councilmember Powell asked why the City pays for an oversize. Councilmember Kirkham
explained developers pay for the needs of their own development, and the City pays (and is reimbursed through
frontage fees) for the additional needs of future development. Councilmember Powell asked Ron if there are street
lights included. Ron said yes, but we don’t have lighting requirements for commercial ventures, since most of it is
covered with their parking lot. Scott said it could be done. Lance said if the City dictates the minimums that will
be what everyone designs to and we would have less than we do now. Councilmember Bean said he would like
road improvements to be completed before even a temporary certificate of occupancy is issued. Ron said Item T is
new this year concerning adding a well. They will not drill a well for culinary, water irrigation or for any other use
without permission of the City. Scott said there shouldn’t be access into this subdivision off Ammon Road, but off
Briar Creek Road and put this as a special provision. Lance said they have told the owners, from the very first, that
there will be no access from Ammon Road. Ron said he will add this language.
Councilmember Thompson asked about the traffic study. Lance said it would be better served when
we reach John Adams where a signal may be located in the future. Scott said to add all road improvements to be
completed before issue of temporary or permanent certificate of occupancy. Councilmember Bean asked Ron to
add in Item T to include any existing well and lines. Councilmember Bean asked about ground water rights. Scott
said we should address this in the annexation agreement.
Lance said there will be a taper on Ammon Road to match the curb return on the south side of Briar
Creek Lane. Ron said if you are requesting an additional lane, then we have to increase our road widths. We have
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designated widths for road design on all our arterials. Lance said this is 100 feet. Lance said Walgreen’s was told
by City Council that an additional lane was needed, without the engineer’s opinion. Discussion ensued concerning
the road width and tying it into the other sections. Lance is going to taper it back and tie into existing asphalt. Scott
said it was designed at 1 ½ lanes on each side and now it will be 2 ½ lanes on each side. Councilmember Bean is ok
as long as it moves the traffic the same way.
Councilmember Slack motioned to table the development agreement of Gold’s Gym Briar Creek,
until the next City Council. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes,
Councilmember Coletti – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember
Kirkham – Yes, and Councilmember Powell – Yes. The motion passed.
7. Peterson Park Playground and Sidewalk Bid Approval (Ken/Slack)*:
Councilmember Slack
advised the Council that there was some discrepancy in how the bids were received. Leslie said Ken had received
some verbal bids and the written bids came in differently. Ken said he knew about the written bids, but Leslie said
he couldn’t, since she still had closed bids in her box. When Leslie opened the bids they were different than Ken
had on his sheet. The bid that won came in at $13,800, but they called Ken the next day and said it should have
been $14,000. Ken said he could issue a change order later. Leslie advised him that he could not. She told Ken that
the bidder would either have to renege on his bid or stay with the written bid. Councilmember Slack is concerned
with the conversations that must have taken place before the bids were finished.
Councilmember Bean motioned to reject all bids and rebid the project with the conditions that all bids
remain sealed, no communication between the bidders and City personnel and all bids come into the City Clerk.
Lance said you don’t have to get a sealed bid for the cost of this project, unless you ask for a sealed bid. Leslie said
she is unsure how Ken submitted this. Councilmember Slack said he doesn’t want future issues. Lance said
between $25,000 to $50,000 requires an informal bid. However, under $25,000 you can just have whoever you want
to do the project. Councilmember Kirkham said the concern is it might look like there were outside conversations.
Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes,
Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and
Councilmember Coletti – Yes. The motion passed.
Council asked Leslie to discuss with management to set a City policy for all the departments.
8. Declare Minimum Surplus Value on Quail Ridge Estates, Division 8, Block 10, Lot 15 Real Property
and Set Hearing Date of Oct. 7 (Ron/Scott)*:
Ron said the statute says you have to declare it as surplus and
set a surplus price.
Councilmember Kirkham said Councilmember Thompson believes that we took this for the firehouse lot,
but this isn’t true. This is actually in lieu of a portion of the park lot, but we now have the drainage park and this can
be used to pay for the drainage park’s improvements. Councilmember Powell is in favor of tying this all up to get it
finished. Council stated the funds will go into the general budget. Council asked Jennifer to transfer the water
rights on this lot to the City. Ron will help her.
Councilmember Powell motioned to declare Quail Ridge Estates, Division 8, Block 10, Lot 15 Real
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Property as a surplus with a hearing date of Oct 7, setting the value at $59,000 for the minimum bid and sell it
without the water rights. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes,
Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember
Bean – Yes, and Councilmember Slack – Yes. The motion passed.
Leslie let the Council know that Ken did not request the bids for Action Item 7 to be sealed. Council still
stands with their motion.
9. Appoint Board Member to AIC Urban Renewal Task Force (Mayor)*:
Councilmember Bean said
AIC is asking for members to help come up with some solutions for urban renewal problems. Leslie advised that
the letter requested that the Mayor be the board member.
Councilmember Kirkham motioned to appoint Mayor Fuhriman to the AIC Urban Renewal Task
Force. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell
– Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes, Councilmember Slack – Yes, and
Councilmember Thompson – Yes. The motion passed.
Council Minutes 9-2-10
Page 6 of 9
10. IBSD - Separation of Lines (Kirkham):
Councilmember Kirkham motioned to table the IBSD
Separation of Lines. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember
Coletti – Yes, and Councilmember Slack – Yes. The motion passed.
DISCUSSION ITEMS:
1. SCADA Building Update (Lance):
Lance said plats are signed and recorded, and the site plan and
contracts are signed. Councilmember Powell asked if the City has any more information on the border dispute.
Councilmember Kirkham said the issue is with Jay Johnson. Lance said the plat is recorded with the property line,
as is.
Lance advised the Council that he had the engineering firm raise the height of the meter reading tower to 65
feet and with this extension the City would be able to read all of Iona, Ucon, Idaho Falls, and all of Ammon up to
the ridge top line with just this one tower. The City should be able to read every meter the City shall need, except
over the ridge. We could reach areas over the ridge with a buddy box at a cost of $2300. The bid price is coming in
at $120,000 to $130,000 for the tower. Lance will ask for the Council to approve this at the next meeting.
Councilmember Kirkham said looking at what we budgeted for the tower and the 800 meters; we actually end up at
$100,000 less than projected.
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2. Chipseal Update (Lance):
Lance said Sunnyside, 17 and Old Ammon are now chip sealed.
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Councilmember Powell said good job on the repair around the tracks on Sunnyside. Lance said the cost for 17 was
$100,000, Sunnyside was $25,000 - $26,000 and the rest was around $40,000 to $45,000. Councilmember Coletti
inquired as far as notifying the news media, how early we knew about the schedule. Lance said he presented it as
soon as he knew. Chip sealing is done for the year.
3. MOU Meeting with City of Idaho Falls - Results (Mayor):
Mayor Jared and Mayor Steve met and
he feels it will be a hard meeting. Mayor Jared wants an agenda with specific items that need to be discussed.
Mayor Steve has asked Mayor Jared, Idaho Falls Council and our Council to submit questions they would like
addressed. Mayor Steve asked who owns Hitt Road. Council concurred Idaho Falls owns it, because they wanted
the road. Mayor Jared doesn’t want to facilitate the meeting. Council went into lengthy discussion, about whether a
facilitator would be needed. Council concurred that they don’t think one will be needed. Councilmember Powell
said to go in with one specific issue. Councilmember Kirkham feels the one issue is what happens south of where
Hitt Road ends at Sunnyside road and we are now dealing with Hackman Road. Councilmember Bean said Idaho
Falls had requested this meeting and feels they should be given the right to set the agenda. Councilmember Powell
said the critical issues between Idaho Falls and Ammon have all been centered around Hitt Road. Council doesn’t
want anyone else participating in the meeting, except the Mayors and Councils. It was suggested that those who
were involved previously bring everyone up to date with the reason Hitt Road became an issue. Councilmember
Kirkham said the City agreed to pay for construction, but Idaho Falls was to maintain and improve the road. Scott
recommended setting a starting and ending time. Dates suggested were Sept 28 or Oct 5 from 4 to 6:30 pm.
Ammon will host it, but the Council will go either place. Council wants to discuss the Memorandum of
Understanding. Mayor Steve will suggest himself as a facilitator.
The issue concerning the traffic light at the entrance to Target was brought up. Mayor Steve said that
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Idaho Falls is saying that it was Ammon who stopped 25 Street from going through behind Target. Ron said he
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was on Planning and Zoning at the time and Idaho Falls specifically told us they were going to build 25 Street
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straight. There was a proposal presented to Idaho Falls, before 25 was completed, bringing 25th Street in at a curve
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to the intersection and Idaho Falls turned it down. 25 Street was not through at the time when this was happening
and Idaho Falls had full control. Mayor Steve said Idaho Falls feels Ammon allowed development to come in and
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squelch the concept. Leslie said Idaho Falls always had control of the road. Ron said 25 Street came in after
Target was put in and if you take it straight through, you would go directly into Sandcreek. Ron was also there
when Target offered to put in a traffic light and Idaho Falls said no. Councilmember Powell said he wants Ron and
Lance to be part of the discussion.
Council Minutes 9-2-10
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4. Misc:
Jennifer asked Council what is happening with the October 1 staff evaluations. Council said
she will find out later.
Scott said Leslie went to a criminal court hearing on one of the City’s former employees concerning
the break-in of the Quonset Hut. He plead guilty to one count of breaking in. Leslie made a statement on behalf of
the City. He was sentenced to a felony conviction. It is a withheld judgment if he completes his probation. The
probation is for 4 years. If he violates his probation, he can serve up to 10 years. He will serve 60 days in jail with
14 days credit for time already served, he has to complete a GED or high school equivalent within one year, pay a
$500 fine, pay restitution of $2749.91 to the City, and put in100 hours of community service. At any time the
probation officer thinks he’s in violation he can simply notify the court and the court can give him 90 days
discretionary time. When is he is out of jail, he has to have full time work or be in school. He has to send a letter of
apology to the City, no drugs or alcohol, pay $75 to the public relief fund and $600 to the public defender’s office.
This was his first adult offense, but he had several juvenile offences.
Councilmember Bean asked Jennifer to help clarify the market evaluations. Jennifer said August is
the estimated market value and March is the gross market value. Scott said the tax notices come out in June, which
gives you estimated value and August is after the protests are in. The August value is what we set our levy rate
from.
Councilmember Bean reported on the EIRWWA meeting. IBSD requested a proposal for sewage and
wastewater treatment, both as a customer and as a partner. They have made the same request from Idaho Falls.
Willie said Idaho Falls is looking to the Department of Environmental Quality for an $18 million loan. Willie said
this is for the first phase. A plant operator has been hired from Arizona for the EIRWWA. He has family here and
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will start Sept 20. The salary will be $52,000 per year with some overtime, 10 days vacation, a cell phone for
business, and full benefits, as stated in the benefits summary. Husk did not have a benefit summary, so we don’t
know what this will be. He can’t piggyback onto either City’s or either County’s benefit plans. EIRWWA will
have to purchase a single policy for this individual. There are struggles with the board. They have been letting
Forsgren run things. Councilmember Bean has asked Leslie and Jennifer to look for someone, outside the staff of
both Cities and both Counties, to handle the payroll. Forsgren is an Engineering Firm, not a management firm.
There is a statement he wants to address. The offer says the Region wants a level 4 operator so the
individual that was hired has to pursue obtaining this level of proficiency. The board arranged for Shelley and
Ammon to assist the new operating by each providing an employee to work one day a week. Ray said he works a
half a day for EIRWWA, four days a week. He has been told nothing changes when the new employee comes on.
Rays said they need 24/7 coverage. Shelley is there all day Monday and our guy operates Tuesday through Friday
for four half days. Ray said from an operational standpoint our guy is needed for two days at 4 hours per day.
Councilmember Bean said for a total of 8 hours. Councilmember Kirkham said we are paying Dave Nowell at $125
per hour. Lance said this is why we have agreed to have one of our guys there. Councilmember Bean said he has
received a short income/expense statement. The City of Shelley has given $122,760, Ammon has given $38,270,
expenses are $140,000, which leaves $20,000 as a net income.
th
Councilmember Bean gave everyone a copy of the traffic accident reports on Falcon and 17 Street.
He has asked Kevin Casper for a report on Eagle, also.
Councilmember Kirkham said Mountain Valley Elementary had 44 cars in the morning and afternoon
with 40 kids walking and they will be putting together a walking school bus.
Councilmember Kirkham said Greg Nelson now owns Turtle Bay and asked if the City would water
the lawn for free. She asked him to call Ron to get a copy of the Conditional Use Permit, so he has the proper
information while he is marketing the property. Council decided to have the water turned back on for two months.
Councilmember Kirkham said Lennis has called her and he is still concerned with his garbage. He is
still concerned about the stop light on the (Sunnyside Road and Ammon Road) corner. She has put it on the next
work session.
Councilmember Kirkham said the James Madison group, which is basically a leadership group,
approached her for a strategic planning work session for four sessions at a cost of $2800. Personally, she feels it’s
too tight of a year and wants the Council to sit down and get the strategic plan done on their own.
Councilmember Powell stated he went back to Adam Serr, Quail Ridge Homeowners Association
President and advised him that the rate will stay and to set up a payment plan. Councilmember Powell encouraged
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him to come into Council and protest. Everyone is ok with the meter, but it was the way it came about without
warning or notification. Adam would like time to prepare to raise the association fees to cover the expenses.
Councilmember Kirkham said Founders Point has the same argument. Ron said Jeff Hawks has the same issue.
Lance said Jeff Hawks was informed from day one that a meter was needed, but he didn’t get it put in. Ray said
Founders has reduced their use significantly. Councilmember Slack said they need to come in and talk. Leslie said
Council told staff to get the meters put in and to start charging. Councilmember Powell thought about possibly
using a base rate times 10 and then next year it will be the full meter rate. Councilmember Bean said to notify the
people when meters are being installed. Councilmember Kirkham said it would depend on what kind of meter that
is being installed for the notification. Councilmember Thompson said they have been subsidized for years and now
they will have to pay. Councilmember Powell said they don’t dispute this; they just needed time to collect the fees
to pay the bill. Council decided to put it on as an action item.
Leslie advised the Council that there is a house on Curlew that has filed for bankruptcy that we were
looking at having to dig up the line and install the shut-off. The issue is that since the bankruptcy they are now three
months past due and the line will have to be dug up. She will be sending out another letter to notify them that the
bankruptcy has been processed and they are still subject to the line being dug up.
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 motioned to go into executive section pursuant to Idaho Code 67-2345 (1-
b,c,f). Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell
– Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and
Councilmember Bean – Yes. The motion passed.
The meeting adjourned at 10:04 p.m.
_____________________________________
Steve Fuhriman, Mayor
__________________________________
Leslie Folsom, City Clerk
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