02032011CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, FEBRUARY 3, 2011
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, FEBRUARY 3, 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:
Jan 13, 2011*
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.Proposed City Code Changes – Ordinance 496 and Summary (Ron)*
2.Adoption of Fiber Optics System Title 8 Chapter 9 - Ord. 497 and Summary (Bruce)*
3.Change Order # 4 - Bodiford Construction Segment A of EIRWWA Eastern Interceptor (Lance)*
4.Proclamation – Clergy Week Jan 31 – Feb 6 (Sean)*
5.Volunteer Firefighters Request for Station Manning (Stacy/Leslie)
DISCUSSION ITEMS:
1.Mountain Valley Elementary Reading Program (Jennifer Dawson)
2.Fiber Optic Fees (Bruce)*
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 Steve Fuhriman
Councilmember Dana Kirkham
Councilmember Brian Powell
Councilmember Rex Thompson
Councilmember Sean Coletti
Councilmember Russell Slack
City Attorney Scott Hall
City Clerk Leslie Folsom
City Engineer Lance Bates
City Planner Ron Folsom
City Treasurer Jennifer Belfield
Council Minutes 2-3-11 Page 1 of 7
City Officials Absent:
Councilmember Lee Bean
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 Thompson led the Pledge of Allegiance. Councilmember
Kirkham gave the prayer.
MINUTES:
Jan 13, 2011*: Councilmember Kirkham motioned to approve the minutes of January 13,
2011, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Slack – Yes, Councilmember Thompson – Abstained (absent), Councilmember Powell – Abstained
(absent), and Councilmember Coletti – Yes. The motion passed.
ITEMS FROM MAYOR:
Mayor Steve reported on bills being passed in Boise.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
February 3, 2011
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
A.Poolside Ice – Concession Stand – McCowin Park
2.RENEWAL GENERALBUSINESS LICENSE APPLICATION:
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A.Key Bank National Association/Ammon Branch – Finance – 2655 E. 17 Street
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B.Pojo’s Family Fun Center – Arcade – 2625 S. 25 E.
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C.Ammon Pizza Pie Café, LLC – Restaurant – 3160 E. 17 Street, Suite #110
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D.Mrs. Powell’s Cinnamon Rolls – Restaurant – 1813 S. 25 E.
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E.Gold’s Gym – Fitness Center – 3135 E. 17 Street
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F.AARP Tax-Aide – Tax Preparation – 939 S. 25 E. Suites 101 & 107
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G.Optical Illusions – Optical – 3160 E. 17 Street, Suite 150
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H.Mark of Excellence – Salon – 3039 E. 17 Street
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I.Biolife Plasma Services – Plasma Collection Facility – 2385 S. 25 E.
J.Wally’s Auto Care – Auto Service – 1608 Midway Ave.
HOME OCCUPATION PERMITS:
1.RENEWAL HOME OCCUPATION PERMITS:
A.Martin, Michelle – Daycare/Maximum Children (12) – 2965 Devonwood
B.Arguello, Stephanie - Daycare/Maximum Children (5) – 1129 Curlew Drive
C.Modern Image – Salon – 3954 Milestone Circle
D.Patentability, Inc. – E-Commerce – 4016 Journee Circle
E.Final Touch – Home Decorating – 5699 Veil Drive
CHILDCARE/CHILDCARE WORKER LICENSES:
1.NEW CHILDCARE LICENSES:
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A.Hooper, Andrea – Childcare Employee/Nana’s Daycare – 2660 E. 1 Street
B.Dixon, Hope – Childcare Employee/Acorn Children’s Academy – 1619 Curlew, Suite 2
2.RENEWAL CHILDCARE LICENSES:
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A.Corbridge, Jacqueline – Childcare Employee/Snake River Montessori – 2970 E. 1 Street
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B.Howard, Kitira – Childcare Employee/Nana’s Daycare – 2660 E. 1 Street
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
Council Minutes 2-3-11 Page 2 of 7
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Huston, Jennifer – Bartender/Firehouse Grill – 2891 S. 25 E.
2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Steed, Ohlaina – Bartender/Carino’s – 2833 S. 25 E.
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B.Hobley, Erica D. - Bartender/Carino’s – 2833 S. 25 E.
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C.El Molcajete – Restaurant/Beer & Wine Sales on Premise – 939 S. 25 E., Suites 101 & 102
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D.Duran, Maria – Bartender/Sol Rio – 2635 S. 25 E.
MASSAGE LICENSE:
1.RENEWAL MASSAGE LICENSE:
A.Emerald Healing, LLC – Massage Therapy – 1830 Heather Circle
Business License*: Councilmember Powell motioned to approve the Business License Consent
Agenda, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes,
Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes and Councilmember
Thompson – Yes. The motion passed.
Accounts Payable – Exhibit A: Leslie reported on the refund to School District 93’s Tiebreaker
Elementary School of approximately $13,000. This is an IBSD customer and had been being billed by both IBSD
and the City. This should have been caught during the lawsuit, but wasn’t. Councilmember Powell inquired
concerning Payment #4 for HK Contractors. He sees Payment #3 and Payment #5, but no #4. Lance said Payment
#4 was approved last Council meeting with Payment #3 being held up, until this meeting. Councilmember Kirkham
motioned to approve the Accounts Payable – Exhibit A, as presented. Councilmember Coletti seconded. Roll Call
Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes,
Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
Jennifer advised the Council that the Request for Proposal for the
health insurance bids have been distributed. BDPA came to the City to obtain more information for the wage study.
Next week the Mayor, Leslie and Jennifer will be going to the IIIA in Boise for the group insurance agenda.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Proposed City Code Changes – Ordinance 496 and Summary (Ron)*:
Ron asked the Council if
there were any questions. Councilmember Thompson asked about the trespassing issue on page 2. He was
concerned that a person could trespass, if the property wasn’t posted. Discussion ensued concerning the wording.
Council concurred to change the wording 5-2-33 to remove notice has been given that.
Councilmember Coletti read Ordinance #496 and Summary
AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLE 4, BUSINESS REGULATIONS, CHAPTER 14, BARTENDER’S
LICENSE; TITLE 5, CRIMINAL CODE, CHAPTER 1, PROSECUTION AND PUNISHMENT OF CRIMES, CHAPTER 2, GENERAL
POLICE REGULATIONS, CHAPTER 4, DOG CONTROL, CHAPTER 12, BURGLAR ALARMS; TITLE 8, PUBLIC UTILITIES AND
PROPERTY, CHAPTER 3, WATER SERVICE, CHAPTER 7, AMMON TREE ORDINANCE; PROVIDING SEVERABILITY; PROVIDING
Councilmember Coletti motioned that
REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
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 Slack – Yes, Councilmember Thompson – Yes, and Councilmember
Kirkham – Yes. The motion passed.
Councilmember Coletti read Ordinance #496 and Summary
AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLE 4, BUSINESS REGULATIONS, CHAPTER 14, BARTENDER’S
Council Minutes 2-3-11 Page 3 of 7
LICENSE; TITLE 5, CRIMINAL CODE, CHAPTER 1, PROSECUTION AND PUNISHMENT OF CRIMES, CHAPTER 2, GENERAL
POLICE REGULATIONS, CHAPTER 4, DOG CONTROL, CHAPTER 12, BURGLAR ALARMS; TITLE 8, PUBLIC UTILITIES AND
PROPERTY, CHAPTER 3, WATER SERVICE, CHAPTER 7, AMMON TREE ORDINANCE; PROVIDING SEVERABILITY; PROVIDING
Councilmember Coletti motioned the
REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
adoption of Ordinance #496 and Summary 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 Slack – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion
passed.
2. Adoption of Fiber Optics System Title 8 Chapter 9 - Ord. 497 and Summary (Bruce)*:
Councilmember Coletti said that he consulted with Joe Miller who was a former Public Utilities Commissioner. He
gave his opinion via e-mail that it would not be subject to regulation by the Public Utilities Commission.
Councilmember Coletti asked him to give him a more formal opinion and he said he would, but it isn’t necessary for
Council’s decision tonight.
Councilmember Powell read Ordinance #497 and Summary
AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, ADDING A NEW CHAPTER 9, FIBER OPTIC SYSTEM, TO TITLE 8, PUBLIC UTILITIES AND PROPERTY, TO
THE CITY CODE OF AMMON, IDAHO, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND
Councilmember Powell motioned that the City Council dispense with the rule
PROVIDING AN EFFECTIVE DATE.
requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember
Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion
passed.
Councilmember Powell read Ordinance #497 and Summary
AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, ADDING A NEW CHAPTER 9, FIBER OPTIC SYSTEM, TO TITLE 8, PUBLIC UTILITIES AND PROPERTY, TO
THE CITY CODE OF AMMON, IDAHO, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND
Councilmember Powell motioned the adoption of Ordinance #497 and Summary as
PROVIDING AN EFFECTIVE DATE.
an ordinance of the City of Ammon on its third and final reading. Councilmember Kirkham seconded. Roll Call
Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes,
Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed.
3. Change Order # 4 - Bodiford Construction Segment A of EIRWWA Eastern Interceptor (Lance)*:
Councilmember Kirkham motioned to approve Change Order #4 – Bodiford Construction Segment A of
EIRWWA Eastern Interceptor for a decrease of $68,309.08. 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.
4. Proclamation – Clergy Week Jan 31 – Feb 6 (Sean)*:
Councilmember Coletti advised the Council
that his colleague at Hopkins Roden is recognizing the Clergy of all faiths and what they do for our communities
and feels this is a very worthy proclamation to make. Councilmember Coletti motioned to approve the proclamation
for Clergy Week Jan. 31 – Feb 6. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Coletti –
Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, and
Councilmember Thompson – Yes. The motion passed.
5. Volunteer Firefighters Request for Station Manning (Stacy/Leslie):
Leslie advised the Council
that State Insurance Fund would not have any problems with volunteers stayed overnight with no increase in salary.
They have absolutely no issues, except a possibility of experience rating increases if there is an accident. Council
asked why the City would want the employees to stay over. Councilmember Slack said he is only concerned with
horseplay. It is on a volunteer basis. He wonders if they will be active for a while and then it might languish. He
has no problems with it unless they play around. Lance said some might use it to improve their resumes. There was
a question concerning a mixed gender situation.
Councilmember Slack motioned to table this issue until he has a change to talk with Stacy concerning
mixed gender issues. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes,
Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Powell - Yes, and
Councilmember Coletti – Yes. The motion passed.
Council Minutes 2-3-11 Page 4 of 7
Stacy was able to come and address the Council later in the evening and Council reopened Item #5.
Councilmember Slack asked Stacy to come up and address Item #5 Stacy Hyde, 5348 Hacienda. Councilmember
Slack asked about mixed gender – Stacy said there are two separate bedrooms. If there were females staying over
they would get the bedroom that has an attached bathroom. Stacy said there will be a set of rules including no
visitors in the fire station after 9 p.m. He would keep close tabs on it. No more than two people will be there on a
given shift. Councilmember Kirkham asked if there would only be one person. Stacy said always two and there
could be some trading. Councilmember Thompson asked if our insurance rating would be decreased with this
staffing. Stacy said they would have to request a review. This would go towards that. He feels we would need a
full shift of three people 24/7 to increase the rating. Councilmember Slack said the Council was concerned about
horseplay. Stacy said it would be understood there would be a level of professionalism. His intent would be to
cover the Fire Station every night, but he is not going to force it. Leslie asked what about meals. Stacy said they
would be on their own. The City’s response times would improve. In the future this would also help with EMS.
Scott said it would be ok to have a camera in the common areas, but not in the private areas. He will create a policy
and present it to Council.
Councilmember Slack motioned that on the firefighter’s request for manning the station, we allow Stacy to
create a policy they would follow the department to man the station overnight and bring it back to Council when it is
ready. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell –
Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The
motion passed.
Bruce Patterson said the current Fire Department cameras are just in the bays and could possibility be
installed for the doors in the future.
DISCUSSION ITEMS:
1. Mountain Valley Elementary Reading Program (Jennifer Dawson)
Laurie Lenderink, 4105
Wanda Street, Ammon, Principal Arms and the PTO representative Jennifer Dawson addressed the Council. They
requested Councilmembers come and read a picture book to the students and their families for the Reading Across
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America Day that celebrates Dr. Seuss’s birthday. Laurie asked the Council if they would commit to March 2
sometime between 7- 8 p.m. at 2601 Princess Drive. Councilmember Kirkham said she would be there.
Councilmember Powell asked Leslie to send an e-mail reminder to the Council before the date.
2. Fiber Optic Fees (Bruce)*:
Bruce said he just wanted to follow up with the Council as to how they
would like him to proceed with the fees. Councilmember Powell asked Bruce if the rates are based on the area
around us and if there is justification for the expense. Bruce said he would like to go over it with Council at the next
work session, not only concerning rates but the full effect of fiber optic. Council agreed to put in on the March work
session and thanked Bruce for all his efforts on the fiber optic system, which without him would never have
happened.
3. Misc.
Ron said Roger Warner has requested a press release for the Quail Ridge water rights that will
be released from citizens to the City. Councilmember Coletti said it seemed like a business plug for Rocky
Mountain Environmental. Ron said Roger said it might help to get the other half of the water rights.
Councilmember Kirkham said it was our understanding the water rights expired in September. Scott said it might
make sense to thank our citizens in the City newsletter, rather than the Post Register. Council agreed this was a
better idea. Councilmember Coletti will take care of this.
Ron asked the Council if March would work for the Planning &Zoning appreciation dinner. Ron is
thinking of asking Planning &Zoning to join the City appreciation dinner next year. Councilmember Kirkham feels
City Councilmembers do not need to receive an appreciation token and was fine with the date.
Ron said the Memorandum of Understanding between Ammon and Idaho Falls was on SharePoint, as well
as, information regarding the current ownership of Hitt road.
Councilmember Kirkham said Feb. 23rd at 6:30 p.m. at the City of Ammon Building is when the MOU on
Hitt Road meeting will take place. The City of Idaho Falls has asked for a facilitator who will be a third party to
assist the meeting. Leslie asked who would incur the expense for the facilitator. Councilmember Kirkham said we
Council Minutes 2-3-11 Page 5 of 7
would split the expense. She will talk with them as to who the facilitator would be. The agenda will consist of three
items. The first item will be Hitt Road from First Street to Sunnyside and whether to continue with the current
MOU or start over with a “where do we go from here”. The second item would be the sewer line.Councilmember
Kirkham said this is a Sewer Region issue, not a City of Ammon issue and the discussion needs to be with the
Region. Councilmember Powell said this could be an opportunity to clear up misconceptions by both parties. The
third item is the boundary line South of Sunnyside. Councilmember Kirkham would like to see the area of impact
driven by the County Commissioners and ultimately it is the land owners that decide. Ron said as a planner that a
pre-established line would be better to have and used Salt Lake City as an example to the confusion of lines that
were not pre-planned.
Councilmember Slack advised the Council that he and Lance had a meeting with Chris and the canal
company and then talked to Sheriff Wilde and Chief Roos. Everyone is talking and feels it might cost $100,000 to
put in the road and to change the stoplight. Target’s only push back is the possible adverse impact of people driving
behind their store. The businesses wonder if the Council would help cover any of the expenses. Chris from Idaho
Falls thought the power lines were low. It is in Target’s and Woodbury’s hands now. Council felt they would be
open to putting in some money. Councilmember Coletti asked if they could cross the canal. Councilmember Slack
said the public would perceive this as less convenient than the current situation and the expense would be greater.
Councilmember Kirkham said she and Ron met with Glen Pond with Rocky Mountain Power about
the franchise fees and the City has made a change to the language so it would allow The City to proceed with fiber
and not violate the agreement. Glen told Ron he kind of expected this. Glen estimated a 3% franchise fee would
generate approx. $109,937 in revenue. Ron said Rexburg’s franchise fee is 10%, which had been grandfathered in.
Councilmember Kirkham said the School District easement for the sewer was tabled and she hopes next
week for a final decision. She was not happy with the proceedings, but she feels confident we might get the
easement.
Councilmember Coletti reminded the Council of the newsletter. The Mayor is putting the State of the City
address in it. Councilmember Coletti asked to change the scholarship name from one referencing the City Council
to the “Spirit of Ammon” so maybe more people would feel comfortable donating to it. Councilmember Kirkham
inquired when the scholarship would be given. Councilmember Coletti said in the spring. Council was ok with the
name change.
Leslie reminded Council that they need to give the City of Idaho Falls a year’s notice, prior to
cancelling the sewer agreement. Councilmember Kirkham said we need to give them a year’s notice from when we
want to sever ties, not from when we are going to discontinue the contract. Lance said there are portions of the City
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sewer system that will not be able to go to the district. 14 North will not go to the Region. Lance said we would
not be able to completely sever ties with the City of Idaho Falls. Councilmember Kirkham asked Scott what would
happen, if we didn’t provide the 1 year notice. Discussion ensued regarding the contract with the City of Idaho
Falls. Councilmember Kirkham said they are hoping by December that the City will be with the Region. Council
asked Scott to give them an opinion. Scott will work on the issue.
Leslie informed the Council about the change needed regarding the drug testing policy. We cannot
drug test all parties any longer. We can only drug test on Safety Sensitive individuals. It is now against the law to
test the entire group. She said ICRMP had required the testing all parties or they wouldn’t give us a 5% credit on
our insurance. She spoke with Scott, Jerry Mason and another attorney to get this clarified and ICRMP has to honor
the 5%. The issue we have is for the lifeguards and whether they are Safety Sensitive individuals. Fire fighters and
police officers that don’t carry guns are not Safety Sensitive. Suspicion is still drug testable, but we have been
performing random tests. Scott said there has to be reasonable suspicion. The City will also continue to drug test
for ICRMP and Workmen’s Comp. claims. Leslie said only on our Safety Sensitive individuals can we conduct
random testing. Councilmember Kirkham feels this is ridiculous. Leslie continued to ask Scott for confirmation.
She said we have to show if we have any suspicion at all with the employees that we immediately drug test. Council
concurred the lifeguards will be listed as non-safety sensitive.
Ron showed the Council the long term BMPO study which shows First Street from Hitt Road to
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Ammon Road and Ammon Road from First Street to 17 being rated as highly congested. Federal money would
only be available after a minimum of seven years and 2025 is when any improvements show on the long-range
study. Lance said the highest priority in the City is First Street from Hitt Rd. to Ammon Road. Currently if we
Council Minutes 2-3-11 Page 6 of 7
proceed with the project and widen it out, it gets us out through about 2020 when something else will need to be
done.
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 session pursuant to Idaho Code 67-2345 (1-b).
Councilmember Slack seconded the motion. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes.
The motion passed.
The meeting adjourned at 8:37 p.m.
_____________________________________
Steve Fuhriman, Mayor
__________________________________
Leslie Folsom, City Clerk
Council Minutes 2-3-11 Page 7 of 7