02172011CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, FEBRUARY 17, 2011
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, FEBRUARY 17, 2011 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Coletti
Prayer – Councilmember Thompson
MINUTES:
Jan 20, and Feb. 3, 2011*
ITEMS FROM MAYOR:
III-A Report
CONSENT AGENDA:
Business License
Accounts Payable – Exhibit A
AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board):
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.Change Order #4 Amendment EIRWWA Segment A - Forsgren Clarification (Forsgren/Leslie/Scott)*
2.Eastern Idaho Railroad Memorandum of Understanding (Bruce)*
3.Road Grader Purchase Sales Agreement (Lance)*
4.Change Order #5 SCADA Building (Lance/Bruce)*
5.Group Homes Rate Clarification to Single Family (Scott/Ron)
6.Ordinance 498, Title 4, Chapter 1 Business Licenses (Leslie)*
DISCUSSION ITEMS:
1.2011 Engineering Excellence Awards - City of Ammon Water System Improvements (Lance)*
2.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 Lee Bean
Councilmember Dana Kirkham
Councilmember Brian Powell
Councilmember Rex Thompson
Councilmember Sean Coletti
Councilmember Russell Slack
City Attorney Scott Hall
City Clerk Leslie Folsom
Council Minutes 2-17-11 Page 1 of 9
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 the City Hall building
located at 2135 South Ammon Road. Cub Scout Troops 343 and 289 led the Pledge of Allegiance. Councilmember
Thompson gave the prayer.
MINUTES:
Jan 20*: Councilmember Kirkham motioned to approve the minutes of January 20, 2011, as
presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes, and
Councilmember Thompson – Abstained (Absent). The motion passed.
Feb 3: Councilmember Kirkham motioned to approve the minutes of February 3, 2011, as presented.
Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes,
Councilmember Bean – Yes, Councilmember Coletti - Yes, Councilmember Thompson – Yes, and Councilmember
Powell – Yes. The motion passed.
ITEMS FROM MAYOR:
III-A Report: Mayor Steve Fuhriman updated the Council on the creation of the III-A
board with Ammon as one voting member. He will be the representative. Councilmember Coletti inquired to the
amount of members. The Mayor said 11 members. The goal is to have enough members to go to the self-insured
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program by October of this year. The next meeting is March 2 and the meetings will be held every month in
Boise. Councilmember Kirkham said she was wondering about the broker’s fees and what they would do in the
future. Councilmember Kirkham wants to review this in one year.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
February 17, 2011
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
A.Carriage House Obstetrics & Gynecology – Physician’s Office - 1570 Midway Ave, Suite 1
B.Bethia’s Beauty Boutique – Salon – 3430 E. Sunnyside Rd.
2.RENEWAL GENERALBUSINESS LICENSE APPLICATION:
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A.D & L Cleaners & Laundry – Laundry Service – 3160 E. 17 Street
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B.Shear Necessity – Salon – 3160 E. 17 Street, Suite 140
C.Greater Idaho Falls Association of Realtors – Real Estate – 1508 Midway Ave.
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D.New Dawn Counseling – Counseling – 3456 E. 17 Street, Suite #190
HOME OCCUPATION PERMITS:
1.RENEWAL HOME OCCUPATION PERMITS:
A.Window Elegance – E-Commerce – 4251 Willow Canyon
CHILDCARE/CHILDCARE WORKER LICENSES:
1.RENEWAL CHILDCARE LICENSES:
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A.Konishi, Teresa – Childcare Employee/Lighthouse Montessori School – 2664 E. 1 Street
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
Council Minutes 2-17-11 Page 2 of 9
1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Rosenberg, Jonathan D. – Bartender/Firehouse Grill – 2891 A. 25 E.
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B.Robison, Ivan Wesley – Bartender/Carino’s – 2833 S. 25 E.
MASSAGE LICENSE:
1.NEW MASSAGE LICENSE:
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A.Anderson, Tatiana C. – Massage Therapist/Massage Envy – 3047 S. 25 E.
Business License: Councilmember Coletti motioned to accept the Business License Consent Agenda, as
presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Slack
– Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and
Councilmember Powell – Yes. The motion passed.
Accounts Payable – Exhibit A: Leslie advised the Council they would need to go into a separate session
acting as the Lighting District Board to handle the district’s Accounts Payable and asked Scott to assist, if needed.
Leslie said the sewer fees from Idaho Falls increased by 5%. Councilmember Kirkham asked when the SCADA
building will be done. Lance said by April.
Councilmember Bean motioned to approve Accounts Payable – Exhibit A, 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.
AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board):
CONSENT AGENDA:
Accounts Payable – Exhibit A: Mayor Fuhriman entered the Council into session as the Ammon
Lighting District with the City Council acting as the Lighting District Board.
Councilmember Bean motioned to approve the Ammon Lighting District #1 Accounts Payable –
Exhibit A, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember
Coletti – Yes, and Councilmember Thompson – Yes. The motion passed.
Mayor Fuhriman closed the Ammon Lighting District session and the City Council returned back into
regular session.
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ITEMS FOR/FROM TREASURER:
Jennifer reminded the Council that on June 16 at noon Rick
Williams and Scott Hall will be honored for being employed with the City for 25 years. The ribbon cutting will start
at approximately 1 pm with the open house for the Public Works Building to follow until 3 p.m. Leslie has thought
of a City Health Fair for the businesses in Ammon to participate in, that could be held at the SCADA Building in
September. Council is ok with the idea. Councilmember Thompson said the mall has one in March and 6 months
later would be nice.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
None
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Change Order #4 Amendment EIRWWA Segment A - Forsgren Clarification
(Forsgren/Leslie/Scott)*:
Dave Noel, Forsgren went through all the Change Orders that have been made to
Segment A, since it began. Change Order #1 was for the power to the lift station for $6,600. Change Order #2 was
Council Minutes 2-17-11 Page 3 of 9
for a $47,000 increase to the contract, but didn’t cost the district any more, since this was a request made by and
paid for by Bingham County for upgrades to the road. Change Order #3 was for $2,563, primarily at the lift station,
for the generator chimney stack. Change Order #4 is a typical change order that brings everything in line with the
actual usage of pipe, etc., and resulted in a decrease in costs. It was created in September for a $21,000 decrease,
but since it included estimated costs Forsgren didn’t get it signed by the contractor so the process wasn’t complete.
Forsgren decided to get the correct numbers, so they destroyed the document approved by the City of Ammon
Council and updated the change order to $68,000. Scott said procedurally the Council approved the first Change
Order 4 for $21,000 and passed the motion. Dave said no, they passed the change order and sent it to the contractor
for signature, but the contractor didn’t want to sign it at that time, because it didn’t represent where they were at that
time. Scott said the City has two motions for two change order number #4, one in the amount of $21,000 and the
other for $68,000, because of this we had 2 motions and 2 approved change orders that wouldn’t match through, if
anybody checked it. Forsgren was asked to come in and explain what happened. This will enable the City to make
sure it has a final approval on Change Order #4. Leslie said Forsgren destroyed the first document and created a
new one. She wants to make sure the money trail flows smoothly, as well as, the minutes. Leslie said the Region
wasn’t sending her any documentation, so she started keeping copies in a file. When she went to file the copy she
noticed there were 2 change orders and 2 motions. Scott said they don’t see a problem with the new change order;
they just want a clean record. Dave said it’s an update of the original change order, so it is the same change order
with a different figure. Dave explained all four of these change orders are owner change orders, so the owner signs
first, then the contractor. Scott asked the final amount. Dave said it is a $68,309.08 decrease.
Councilmember Kirkham motioned to clarify the minutes for Change Order #4 Segment A on Sep 16 and
Feb 3 and recognize the Change Order to be a decrease of $68,309.08. Councilmember Slack seconded. Roll Call
Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Bean – Yes, Councilmember
Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed.
2. Eastern Idaho Railroad Memorandum of Understanding (Bruce)*:
Bruce asked Lance to make
the presentation. The fiber fees to cross the railroad were high. Bruce went back to the railroad with his concerns
and the railroad has agreed to reduce the fees by 50% with a request for enforcement along the railroad tracks to
help keep trespassers and ATV’s off the tracks. Councilmember Bean asked how many signs Lance would need.
Lance thinks it will be 4-6 signs in the highest traffic areas. The railroad doesn’t have any set standards. The costs
run approx. $60- $70 per sign and he feels $200 will cover this. Councilmember Slack said two posts close together
at an entrance helps keep people away. Lance said the critical consideration is the City agreeing to enforce this with
police and to issue tickets. Councilmember Bean is still concerned about the costs with the gates, poles and signs.
If it costs $1,000 to do this, he’s unsure if it’s worth it. Lance said the letter addresses two crossings. This doesn’t
spell out the costs for the other areas. Councilmember Bean said do this with a post and sign. Scott said violators
will be prosecuted, as is appropriate, within police prosecutorial discretion. Lance said Shawna, Keith, etc. can
ticket them.
Councilmember Bean motioned to approve the Memorandum of Understanding with Watco Company LLC
and give the Mayor permission to sign. Councilmember Powell seconded the motion. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember
Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed.
3. Road Grader Purchase Sales Agreement (Lance)*:
Lance showed the Council the grader they want
to purchase. Ray found one that has less than 800 hours for $162,170.00. He asked the Council if he could
purchase it. Lance said he is following the same thing that other government agencies have done for a lease return
of a used vehicle. Scott asked Lance if we were piggy backing. Lance said he looks at it as piggy backing, because
we are doing what another government agency has done. Ray Ellis, Public Works stated he has a lease agreement
for another grader that was sold to the County and the City is following the same example. Councilmember Slack
asked why the City needs this. Ray said it is for year round use to maintain the roads. Lance said the money would
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come from the budget for the 1 Street road design. Councilmember Powell asked Lance if he needs the grader.
Lance said he sees the need and it solves the City growth problem. Councilmember Powell asked about
maintenance expenses. Lance said he doesn’t have an exact cost. Lance said it can be stored under the sand shed.
Ray said the previous owner had spent $34,000, over 5 years, to maintain it. Councilmember Coletti inquired how
much it costs to rent a grader month to month. Lance said it is $6,000 per month. Councilmember Kirkham asked
Council Minutes 2-17-11 Page 4 of 9
Lance about the remaining life of this grader. Lance feels you can get 10,000 to 12,000 hours out of it, without too
much problem. Councilmember Powell asked if we want the grader or the asphalt ripper. Lance said the asphalt
ripper only chews out the asphalt. Councilmember Kirkham said the City has a lot of items that have been put off
and doesn’t feel we would be sorry for purchasing it. Council discussed the various areas in the City where this
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would help and the easements needed for 17 Street, in order, to improve this road. Ray said the City has streets
literally falling apart. The City needs to learn how to fix the streets ourselves, which will require some investment
in equipment. Ray has researched the ripper and said maybe we could hire Jefferson County to come in with their
equipment, then we grade it, compact it, and they have the asphalt. Madison might come in and help us and then we
would help them with the grader. We have the personnel, but lack the equipment. Ray thought the ripper was
$160,000.
Councilmember Kirkham motioned to approve the road grader, subject to legal counsel approving the
proposed method of purchase per bidding laws. Councilmember Coletti seconded. Roll Call Vote: Councilmember
Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Slack – No, he doesn’t feel it’s the best use of the
fund, Councilmember Thompson – Yes, Councilmember Bean – No, due to same reason as Councilmember Slack.
Councilmember Powell, before he made his vote, asked Lance where the money is in the budget. Lance
said we have $550,000 in the budget. Councilmember Bean said you are adding that into the budget, which we
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don’t have. We have $550,000 in road construction improvement. We also have $250,000 budgeted on 17 Street
from Ammon to Crowley, and that would be your design costs. Councilmember Powell asked if the grader can be
used on the Interceptor and the IBSD line. Husk doesn’t feel the City could get any value by using it on either of
these projects. Ray said we need to use it for the older sections of the City and doing a little every year. We are
falling further and further behind and the residents deserve to see something in their area, instead of everywhere
else. Councilmember Coletti said we have to take care of what we have. It’s a priority over expanding the roads.
Leslie said drive down Eagle; the City has to start doing something. Lance said this is a key piece of a fully
functioning street department.
Councilmember Powell - Yes. The motion passed. Council asked Mayor Fuhriman how he would have
voted. Mayor Fuhriman stated he would have voted for it. Councilmember Powell wants the grader put to work
and next year look at the ripper to start doing our own roads. Councilmember Bean said you can get a judicial
confirmation for the amount that it takes. Councilmember Kirkham is concerned that we will have to get a judicial
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confirmation to finish the sewer. Lance said First Street has more traffic than 17. Councilmember Bean said 17
is a safety problem with pedestrians walking through the snow and ice. Scott said if you replace the roads you have
upgraded them, so use a LID to update them. Ray said they would like to use Molen for the asphalt ripper sample,
since he feels the City has degraded the street with their Public Works vehicles going to and from their facility.
4. Change Order #5 SCADA Building (Lance/Bruce)*:
Lance said this Change Order addresses
several items. The first item is a siphon tube at the ditch, where it comes across Ard Road, which needs to be
lowered down, taken across and brought back up. Lance felt the way it was installed was too short and didn’t allow
us to put in sidewalks, so they added an 8 foot section on each side at a cost of $3,356.29. The second item adds a
cost of $274.83 which changes a number of duplex outlets to four plex outlets. The third item changed the attic
access hatch to a 1 hour fire rating for $113.11. The fourth item was eliminating the VCT and putting carpet for the
IT Department for $2,250.22 (IT can pay for this out of their budget). The fifth item is eliminating the gravity vents
and installing continuous vents at the upper edge of the roof. There were a few roof vents that, due to the snow
loading conditions, had the contractor concerned about snow coming off of the upper roof and going onto the lower
roof where the vents are and knocking them over. The sixth item is modifying the millwork cabinetry for $897.71.
The last item is adding a photo cell to the lights, so they will shut off in the daytime, instead of being on 24/7.
Lance said under the water bond $650,000 has been covered and the rest will be out of the City water reserves.
Councilmember Kirkham asked how many offices will not be finished. Lance said there will be three completed
and ready to move in, but they won’t have cabinets. Councilmember Kirkham said the police are looking for
something larger and wondered if it’s a possibility to move them there and maybe they would pay for the finishing.
Lance said there have been fund portions out of water, sewer, sanitation and streets, but now it will come out of
water. Councilmember Bean said we just took $160,000 out of reserves and he is concerned about depleting them
any further. Councilmember Bean said he has implicit trust in Ray and all the employees, but he also has an implicit
trust in the budget. Discussion ensued concerning the funds in the budget for several projections.
Council Minutes 2-17-11 Page 5 of 9
Councilmember Slack motioned to approve Change Order 5, SCADA Building with the one change
of $2,250.22 to come out of the Technology Fund and authorize the Mayor to sign it. Councilmember Powell
seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti –
Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The
motion passed.
5. Group Homes Rate Clarification to Single Family (Scott/Ron):
Ron said since the rates have
increased, one of the group homes challenged their bill. All of the group homes are charged as assisted living
centers for water, sewer and garbage. The code states we have to treat them as single family dwellings, so unless we
charge home occupational beauty shops, daycare centers etc. the same way, we are discriminating. Scott says the
good news is we are only talking about 4 or 5 residences. Ron said he thinks there are a total of 8 with several in the
Tie Breaker area. Councilmember Thompson stated he thought there were 12. Ron said after reviewing the letter, it
was determined unless we change our billing and start charging other businesses differently, then we have to charge
these as residences. He only needs the Council to agree not to charge the group homes as assisted living and charge
them as residences and then we won’t have to change the resolution. Council concurred to go forward with the
change of classification of rates. Scott said they don’t need a motion, just clarification and direction and the Council
has done that.
Councilmember Bean motioned for a temporary recess to try and contact the City Treasurer.
Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes,
Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember
Kirkham – Yes. The motion passed.
The meeting recessed at 8:45 p.m. The City Treasurer was not able to be reached and Mayor Fuhriman
resumed the meeting at 8:47 p.m.
6. Ordinance 498, Title 4, Chapter 1 Business Licenses (Leslie)*:
Leslie explained this was about the
VA Hospital and waiving business license and fire inspection fees. Councilmember Bean said we should then be
billing the building owner, not the VA. Leslie said we have never done that before. Councilmember Powell said
that’s fine, we can exempt them from all those fees, but they have to provide their own inspection. Leslie asked for
the $30.00 you are losing, are you willing to accept that liability. Ron said our fire department won’t be willing to
accept anybody else’s inspection and will want to do it themselves. Councilmember Powell said it’s a matter of
principal and we are not sending our people in to do inspections for free. Councilmember Thompson said we are
handling the business license for free and it costs us for that and there is no difference. Councilmember Slack said
the City of Idaho Falls doesn’t require business licensing. Councilmember Bean said there is a cost to managing a
business. Leslie said as a City we don’t pay for a lot of different things such as sales and land taxes, and the filing of
our Ordinances and there are many times she will say we are a City and we don’t pay certain fees. Councilmember
Coletti said we aren’t taking the federal government on for the first time. This issue has been fought, since the
1700’s with local and state government trying to charge fees. This has been established precedent and has been for
centuries. Scott said he thinks it is a great thing that we have a Veterans Facility in Ammon and it would be a great
thing to waive the fees for our veterans. The reason we chose State and Federal specifically in the ordinance is
because we had a request from site contractors and this will not deal with subcontractors that are for profit.
Councilmember Slack read Ordinance
498 and Summary AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF
IDAHO, AMENDING THE CITY CODE TITLE 4, BUSINESS REGULATIONS, CHAPTER 1, BUSINESS LICENSES, SECTION 1,
LICENSE REQUIRED; TITLE 7, BUILDING REGULATIONS, CHAPTER 7, INTERNATIONAL FIRE CODE, SECTION 6, FEES;
PROVIDING EXCEPTION TO BUSINESS LICENSING AND FIRE INSPECTION FEES FOR STATE AND FEDERAL OFFICES AND
BUSINESSES; PROVIDING SEVERABILITY; PROVIDING REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
I motion 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 Slack – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember
Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Powell – No, he wants it read 3 times.
Council authorized Leslie to extend the business license, until this issue is settled.
Councilmember Slack read Ordinance 498
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO,
Council Minutes 2-17-11 Page 6 of 9
AMENDING THE CITY CODE TITLE 4, BUSINESS REGULATIONS, CHAPTER 1, BUSINESS LICENSES, SECTION 1, LICENSE
REQUIRED; TITLE 7, BUILDING REGULATIONS, CHAPTER 7, INTERNATIONAL FIRE CODE, SECTION 6, FEES; PROVIDING
EXCEPTION TO BUSINESS LICENSING AND FIRE INSPECTION FEES FOR STATE AND FEDERAL OFFICES AND BUSINESSES;
PROVIDING SEVERABILITY; PROVIDING REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF AMMON, IDAHO THAT:
Section 1. Title 4, Business Regulations, Chapter 1, Business License
Section 4-1-1 shall be amended to read as follows:
LICENSE REQUIRED: No person shall operate, conduct, or engage in any industry, vocation, occupation, trade, or other business subject to
the provisions of this Title without first obtaining an appropriate license from the City. Licenses shall be issued upon payment of the fees, which
shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time and upon the
applicant's compliance with the applicable provisions of this Title and upon approval of the City Council. All licenses shall be a personal
privilege of the holder. Except as expressly provided in this Title, a license shall become null and void if the holder ceases to personally
supervise, conduct, and operate the trade or business for which the license has been issued. Unless otherwise provided in this Title, no license fee
or any part thereof may be refunded even though the licensee does not operate for the period or any portion of the period for which the license
was issued. Prior to the issuance of a business license the City Clerk shall provide the application to the following departments for review;
Building Department, Fire Department, Public Works Department and Zoning Department. No license shall be issued to any business or location
that is out of compliance with any City Code.
Under criteria following adopted policy which shall be approved by resolution, business license fees may be waived for certain not for
profit organizations.
EXCEPTION: Offices or businesses operated by the State of Idaho or the Federal Government shall be exempt from the business
license fee. These businesses shall continue to be licensed and provide all required information required of a business license to the City Clerk.
Section 2. Title 7, Building Regulations, Chapter 7, International Fire Code
Section 7-7-6 shall be amended to read as follows:
FEES: Fees for building permits and services related to this chapter shall be established by resolution of the City Council, which may be
amended and modified from time to time by resolution.
EXCEPTION: Offices or businesses operated by the State of Idaho or the Federal Government shall be exempt from the fire inspection fee. Fire
inspections shall continue to be provided by the Fire Department.
Section 3. Repeal of Conflicting Provisions.
All provisions of the current Code or ordinances of the City of Ammon which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
Section 4. Severability.
This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent
jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the
ordinance before the declaration of partial invalidity.
Section 5. Effective Date.
This ordinance shall be effective upon its passage and publication as provided by law.
This is the first reading of the Ordinance.
DISCUSSION ITEMS:
1. 2011 Engineering Excellence Awards - City of Ammon Water System Improvements (Lance)*:
Lance showed the Council that the City’s has won the 2011 Engineering Excellence award for the City’s water
system improvements. He asked the Council who will be going to Washington to accept the award. Council
thanked Keller for their efforts. Council decided Lance will be going to Washington D. C. with Ray, Lance and
Councilmember Powell will go to Boise to accept it from the State.
2. Misc.:
Mayor Fuhriman stated that he and Lance had a discussion with Kurt & Mark Petersen. They
are concerned about our sewer rates and wondered why their sewer fees have more than doubled when their water
usage has been less. Councilmember Kirkham said because we have adjusted the ERU’s. They had been getting a
heck of a deal in the past. Councilmember Bean said one business in particular uses the majority of the water and
the business has threatened that they will move out if the Petersens increase their portion of the bill.
Councilmember Bean asked about double checking the ERU allocation. Leslie said they had been priced out
individually and Lance has them broken out individually, so we can get them the breakdown, if they so desire.
Councilmember Bean asked Lance how we classified them. Lance said Pizza Pie Café is a restaurant with dishes
being washed and restrooms, so for each seat it is allocated .1 ERU and they have 150 seats. Pizza Pie Café feels if
they can go to paper products, it will save them money. Councilmember Kirkham said maybe if we show him the
ERU’s, it would help him break it out. Discussion ensued on the difference between the calculations on water and
sewer rates. Leslie stated that the sewer is also based on the quality of the sewage being put into the sewer. The
Region will have to determine the change on the ERU’s and Councilmember Bean would have to take the exception
Council Minutes 2-17-11 Page 7 of 9
to the board for approval. Lance said there is a total of 30 ERU’s for this complex - it consists of Pizza Pie Café 15,
Geraldine’s 5, Alyce Clegg Photography 1, Simply Nature & Crackleberry 1, Shear Necessity 5, D & L Cleaners 1,
Optical Illusions 1 and Inspired Living 1. Each establishment will have a minimum of 1 ERU. Pizza Pie Café has
150 chairs with each occupied 2 ½ times a day from our data. The data is not tied to the amount of flow, but to the
type of usage.
Husk Forsgren said Leslie described it right – it’s not just quantity, but quality for the ERU figures. Sludge
from Industrial users is heavier on the plant, than residential. Suspended solids, ammonia, phosphorus, etc. puts a
tremendous strain on the plant. Councilmember Slack said Craigo’s (the former name of Pizza Pie Café) has an
entire area for parties and can the Council make a judgment call and remove a certain number of seats to reduce the
ERU costs for sewer. Leslie said you have to be careful being subjective. The best way would be to set up a new
category for these sections within a restaurant. Scott said he will defend the City if they make a judgment call, but
good luck. Husk said there is nothing wrong with separating the uses on a building, but Councilmember Bean will
have to discuss this with the Region to make the change to apply to the whole Region. Councilmember Kirkham
said the bottom line is how the City will pay for this. Leslie said the hardest issue they have struggled with is the
banquet room separations and would love to see this added. Councilmember Bean said he will go to the board and
ask for this. Councilmember Powell said you will always have a fee that’s associated to pay the debt. The fee will
not be a true usage fee. Leslie said Kevin and Lance can get together and examine Metcalf and Eddy to come up
with a figure to give to Councilmember Bean. Mayor Fuhriman said he will call Peterson’s and advise him that it is
being examined. Discussion ensued on how garbage calculations are made. Ray said if he notices an excessive
amount of garbage, then he will increase the requirement for garbage service.
Ron said BMPO has a bike and pedestrian committee that will make recommendations to the technical
committee. Lance and he will set on this board as technical advisors. He feels it might be effective. At the Grow
Idaho Falls meeting Areva’s license was recommended for approval. Since this approval, managers of several
projects that follow Areva are inquiring about the City.
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Councilmember Slack stated the governor will be at the VA Grand Opening the 23at 11 a.m. and would
the Council like to attend. The scholarship applicants are going to be reviewed and those who are going to donate
need to do so, within the next week. The Fire Dept. building is being fixed now. Casper received the Sheriff’s
Department promotion and there will be a 2-3 week transition period.
Councilmember Bean asked Councilmember Kirkham to report on the traffic around Mountain
Valley Elementary School. Councilmember Kirkham said the residents are not satisfied with the traffic situation.
There has been more enforcement at this school, than the rest of the schools. Councilmember Coletti said we need
to force the access through to Sunnyside. Ron said it’s not in the school’s agreement. It was for emergencies only.
The school doesn’t own the property. Councilmember Bean would like to see the enrollment for each school and
their capacity. Councilmember Kirkham went over the enrollment figures for the Council. He would like to start
addressing the modular situation and have the schools be more responsible for their boundary lines.
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Councilmember Kirkham reminded everyone March 2 is the evening to read to the school children the
Council agreed to participate in. Dist 91 has abandoned the DARE program, due to budgetary issues.
Councilmember Coletti said the meeting with the City of Idaho Falls will be next week.
Councilmember Kirkham said Leslie emailed out the bio on the facilitator. Councilmember Bean would like to set a
two-hour time limit. Councilmember Kirkham said she is concerned with a time limit. Councilmember Slack said
if we don’t have a set time limit, then it could be construed that someone walked out of the meeting if they had to
leave early. He would like 9 p.m. for the meeting deadline. Discussion ensued on Hitt Road and whose road is it.
Councilmember Kirkham said neither City has the easements. Ron said a considerable amount of the land is not
owned by Idaho Falls, but the road is developed over the top of it. Scott was supposed to find out if the City owns
the road or the asphalt. Councilmember Slack said when a City takes over a road; it is the Cities responsibility to
take care of the upkeep. Discussion ensued on how the costs should be appropriated for road improvements.
Councilmember Coletti said let the facilitator decide who goes first. Scott said the earth underneath the roadway
was never deeded, so they have essentially a right of way. This includes the surface and underlining girding for the
surface and easements for the infrastructure. When you get under this surface, then it belongs to the property owner.
It was determined to have Ron, Lance and Leslie attend. The attorney’s will not need to attend.
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Leslie advised she will be gone next week, but will attend the 23 meeting.
Councilmember Coletti advised the Council that the school board meeting will be at the District office.
Council Minutes 2-17-11 Page 8 of 9
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 motioned to adjourn. Councilmember Powell seconded. Roll Call Vote:
Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember
Coletti – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed.
The meeting adjourned at 10:10 p.m.
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Steve Fuhriman, Mayor
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Leslie Folsom, City Clerk
Council Minutes 2-17-11 Page 9 of 9