07212011CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JULY 21, 3011
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, JULY 21, 2011 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Slack
Prayer – Councilmember Coletti
MINUTES:
June 30, and July 7, 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.Resolution 2011-010 – Authorizing the Petition for Judicial Confirmation*
2.CUP – Modular Extension Request District 93 – Bridgewater Elementary*
3.CUP – Modular Extension Request District 93 – Rimrock Elementary*
4.CUP – Modular Extension Request District 93 – Woodland Hills Elementary*
5.Policy 10-007 Investment Policy Approval (Slack)*
6.Resolution 2011-011 – Adoption of Investment Policy 10-007 (Slack)*
7.Ordinance 505 and Summary – Title 4, Chapter 9 – Itinerant Merchants, Mobile Food, Door to Door Sales*
DISCUSSION ITEMS:
1.Street Improvement Priorities (Ray/Dana)
2.Budget Items (Jennifer)
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:
Councilmember Lee Bean
Councilmember Rex Thompson
Councilmember Sean Coletti
Councilmember Russell Slack
City Attorney Scott Hall
City Clerk, Administrator, Planning Director Ron Folsom
Deputy City Clerk Rachael Brown
City Treasurer Jennifer Belfield
City Officials Absent:
Councilmember Dana Kirkham
Councilmember Brian Powell
City Engineer Lance Bates
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CALL TO ORDER:
Mayor Steven Fuhriman opened the meeting at 7:05 p.m. at the City Hall Building located at 2135 South
Ammon Road. Councilmember Slack led the Pledge of Allegiance. Councilmember Coletti led the prayer.
MINUTES:
June 30, 2011*: Councilmember Thompson moved to approve the minutes of June 30, 2011, as presented.
Councilmember Coletti seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember
Slack – Yes, and Councilmember Bean – Yes. The motion passed.
July 7, 2011*: Councilmember Coletti moved to approve the minutes of July 7, 2011, as presented. Councilmember
Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes,
and Councilmember Bean – Abstained due to absence.
ITEMS FROM MAYOR:
None
CONSENT AGENDA:
Business License*: Councilmember Slack moved to approve the consent agenda business licenses,
as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes,
Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
Accounts Payable – Exhibit A: Councilmember Bean moved to approve the Accounts Payable – Exhibit A, as
presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes,
Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
Karen Sheffield, 1116
Oakmeadow Circle, addressed the Council regarding the swimming pool scheduling. She had taken her kids to the pool to swim, but
it had been closed for a reservation during the public open swim time. She personally hasn’t purchased a swim pass, but if she had she
would be very upset, because the public isn’t always able to use the pool when they want. She doesn’t feel it is fair to those who have
purchased passes. Karen said anyone can pay $106 to reserve the pool, and she was informed by pool staff that she could call ahead to
see if the pool had been reserved. Councilmember Slack said the pool staff posts reservations at the pool one week in advance to
notify of a pool closure. Councilmember Thompson asked if she thought people should be allowed to reserve the pool. She said there
was an hour per day that the pool is available for reservation, but not during open swim time. Discussion ensued regarding the
scheduling. Councilmember’s Slack and Bean thanked Karen for her comments.
Jasmine Erickson, 2335 Cabellaro, addressed Council regarding a couple of concerns she had while at the pool. Jasmine said
during the time her children attend swim lessons, the park is being watered, but the sprinkler system is watering the sidewalk where
the kids are walking. She also noticed when the City waters McCowin Park, the sprinklers are on in several locations near the walking
path, and this makes it difficult to navigate the walking path with a stroller and a small child on a bike. Ron said he has been assured
the water will be turned off before 8:00 a.m. Ron asked Jasmine to call him if she notices the sprinklers on after 8:00 a.m.
Councilmember Bean thanked Ron. Jasmine said there is a gate at the pool on the North West corner, that looks like it has a lock, but
older kids enter and exit through there. She is concerned a small child could get in there unattended. Councilmember Bean asked Ron
to look into these issues with Ken.
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Resolution 2011-010 – Authorizing the Petition for Judicial Confirmation*:
Ronexplained to Council, about the
two documents contained in the resolution. Councilmember Bean moved to approve Resolution 2011-010 - Authorizing the Petition
for Judicial Confirmation, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed.
Councilmember Bean suggested tabling Action Items 2 - 4 until the August 4th Council, because he felt it would be better to
have a full Council. Councilmember Thompson inquired about the Conditional Use Permit’s being time sensitive. Ron said they
expire August 31, 2011. Councilmember Thompson apologized to Roger Hill for the delay.
2. CUP – Modular Extension Request District 93 – Bridgewater Elementary*:
Councilmember Bean moved to table CUP
– Modular Extension Request District 93 – Bridgewater Elementary, until the August 4, 2011 Council meeting. Councilmember Slack
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seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and
Councilmember Coletti – Yes. The motion passed.
3. CUP – Modular Extension Request District 93 – Rimrock Elementary*:
Councilmember Bean moved to table CUP –
Modular Extension Request District 93 – Rimrock Elementary, until the August 4, 2011 Council meeting. Councilmember Slack
seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and
Councilmember Coletti – Yes. The motion passed.
4. CUP – Modular Extension Request District 93 – Woodland Hills Elementary*:
Councilmember Bean moved to table
CUP – Modular Extension Request District 93 – Woodland Hills Elementary, until the August 4, 2011 Council meeting.
Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember
Thompson – Yes, and Councilmember Coletti – Yes. The motion passed.
5. Policy 10-007 Investment Policy Approval (Slack)*:
Councilmember Slack moved to accept Policy 10-007 Investment
Policy, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Bean – Yes,
Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed.
6. Resolution 2011-011 – Adoption of Investment Policy 10-007 (Slack)*:
Councilmember Slack moved to approve
Resolution 2011-011 – Adoption of Investment Policy 10-007, as presented. Councilmember Bean seconded. Roll Call Vote:
Councilmember Slack – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The
motion passed.
7. Ordinance 505 and Summary – Title 4, Chapter 9 – Itinerant Merchants, Mobile Food, Door to Door Sales*:
Ron
explained the last time the City addressed the Itinerant Merchant and Door to Door Sales, there were some significant changes. At
that time, the City exempted fruit and vegetable sales from Itinerant Merchants, but our intent was to make it so people selling fruit
and vegetables out of their vehicles weren’t required to obtain a license.
Councilmember Slack read Ord. #505 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 9, IT MERCHANTS, MOBILE FOOD, DOOR TO DOOR,
SECTION 2, DEFINITIONS, SECTION 3, ITINERANT MERCHANTS LICENSE REQUIRED, ITINERANT MERCHANT INVESTIGATION OF APPLICANT
AND ISSUANCE OF LICENSE, MOBILE FOOD VENDOR LICENSE REQUIRED; PROVIDING SEVERABILITY; PROVIDING REPEAL OF CONFLICTING
Councilmember Slack moved to recommend the City Council dispense with the rule
ORDINANCES; AND PROVIDING EFFECTIVE DATES.
requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Coletti seconded.
Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes, and Councilmember
Thompson – Yes. The motion passed.
Councilmember Slack read Ord. #505 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 9, IT MERCHANTS, MOBILE FOOD, DOOR TO DOOR,
SECTION 2, DEFINITIONS, SECTION 3, ITINERANT MERCHANTS LICENSE REQUIRED, ITINERANT MERCHANT INVESTIGATION OF APPLICANT
AND ISSUANCE OF LICENSE, MOBILE FOOD VENDOR LICENSE REQUIRED; PROVIDING SEVERABILITY; PROVIDING REPEAL OF CONFLICTING
Councilmember Slack moved to adopt Ord. 504 and Summary as an ordinance of the
ORDINANCES; AND PROVIDING EFFECTIVE DATES.
City of Ammon on its third and final reading. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes,
Councilmember Coletti – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
Ron informed Council that Dave Noel, of Forsgren & Associates, was present. Ron requested going into the discussion items
so Dave could address Council about the Segment C Sewer Project issues regarding Davis-Bacon wages. Council determined they
would like to hear from Dave at this time.
DISCUSSION ITEMS:
Discussion of Davis-Bacon Wages:
Dave Noel, of Forsgren Associates, wanted to bring to Council’s attention and remind
them of a recent discussion regarding a 2 ½% premium. He said Forsgren did have an amount from the general contractor for the
pipework, but they were estimating the cost for the structural work for putting the buildings over the lift stations. The number that
came back for the buildings came back at about twice as high as they thought it would be. Overall in the project, it is not a huge
amount of money at about 1%. The City will pay a premium of about $30,000 to use the State Revolving Funds (SRF) funds on the
pipeline portion, and another 30,000 to use the SRF funds on the $200,000 portion for the buildings over the lift stations.
Councilmember Thompson stated, that’s a very high premium. Dave said he can move forward and pay the premium or, if the City
has the option to use own funds for the buildings, the City wouldn’t have to use the SRF funds and not pay the premium.
Councilmember Slack said the City would save $30,000 of its own money. Dave said he wanted Council to be aware of the options.
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Ron said there will need to be a motion and he will include it on the August 4th agenda. Dave said the City would be receiving a
change order.
1. Street Improvement Priorities (Ray/Dana):
Councilmember Coletti informed Council, he had requested Ray come in
and notifies Council of what he felt were street priorities within the City.
Ray Ellis, Public Works Department said he went through and reworked the street budget. Ray informed Council; Lance has
been gone and has not seen any of these changes. Ray said part of his discussion with the Mayor and Lance was to work on Western
and, Sunnyside to Owen, because of heavy traffic. His though was, because of the school traffic, he would like see what the cost is to
do curb and gutter in that area. Ray said once the costs are in, he would like to discuss with the constituents in the area about a
Limited Improvement District (LID). Councilmember Bean asked if that would include sidewalks. Ray said that would have to be
determined by Council, and what they would like the area to look like when it’s complete. Councilmember Bean asked if they have
room for the irrigation ditches. Ray said he has not done any measuring. Mayor Fuhriman said in that particular section it would be
ok, but there are places the City would have to move ditches. Ray said he felt the City would pay to have it surveyed and then have
Lance do the engineering. Ray said his department has $150,000, which would come from the reserve fund and go towards the
Western Street project. Councilmember Thompson asked about a need for drainage when you put in curb and gutter. Ray said he
believes there is drainage in place, but will deal with the drainage as they go. Discussion ensued about the improvements and the
possibilities of an LID. Ron believes what Ray is saying is, they want to do improvements to Western and after completion the City
can inform the residents of the cost, and inquire if they would be willing to do an LID.
Ray said he has considered Midway, but it will be under construction from the fall until next spring. He felt the City should
wait a year and then extend it through Sunnyside.
Ray informed Council of a $40,000 grant from the Idaho Transportation Department (ITD) for signaling at the railroad
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crossing on east 17 Street. Councilmember Coletti asked if anyone had spoken with the Railroad about eliminating the railroad
completely. Scott said if you get rid of that one vendor, you can take about six miles of road out. Ray said he feels as long as the
granaries are still there, the railroad would be hesitant.
Ray said the franchise fee will be designated to 17th Street project. We can do some preliminary engineering or hold the
funds in reserve until we have enough to engineer 17th Street. Councilmember Bean asked Ray if Lance was capable of engineering
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17 Street. Ray said given the tools, and the necessary software, he felt Lance could do it. Discussion ensued about the funding of the
Zipper, and the cost of other equipment necessary for upcoming projects.
2.Budget Items (Jennifer):
Jennifer directed Council to bullet point items on the last page of the budget. She informed
Council of the summary items using funds from. She informed that these were some major items we anticipated taking from reserves.
Councilmember Slack wanted to recap the prior work session and said when we look at the amount of savings we have, and what we
are spending out of reserves this year, his main concern is not to spend out of reserves for operating costs. He feels there are a lot of
unanswered questions regarding long-term use of the City’s funds and not having a clear vision of where the City is headed. Jennifer
said the City tries to save for projects and plan for them. She said there are unforeseen costs with the aging infrastructure as well.
Jennifer said she would appreciate having any budget issues resolved because the City needs to publish twice and the public hearing is
scheduled for August 18th. Councilmember Slack suggested going through the list of capital expenditures, and decide what needs to
be done this year. Councilmember Bean this is only the capital improvements that are coming out of reserves, and felt they would be
more productive to look at all the capital items. Councilmember Slack felt Council has made sure they are not spending out of
reserves for operating expenses. Councilmember Bean asked Ray about the importance of the sewer truck. Councilmember Slack
said Ray has already been given the go ahead for the sewer truck. Ray said the truck is scheduled for delivery after the first of
October. Councilmember Bean asked Jennifer about the tax collections in the budget. Jennifer said the taxes listed now are what we
had for fiscal year 2011. Councilmember Bean said so our budget overage will be less. Jennifer said yes, because we are anticipating
a 3% increase plus the new construction, so it will reduce what is being taken from reserves.
3. Misc.:
Councilmember Slack asked if the Ammon Days sign-up sheet has been around for everyone to sign up.
Jennifer said everyone has had an opportunity to sign-up. Councilmember Slack informed Council that BioLife has extended 15-20
people to volunteer to assist with Ammon Days.
Councilmember Coletti wanted to make the Council aware of a new organization called Fresh Family Start. The
Organization is planning an event on September 10, 2011 to benefit the Kern Family. The Kern’s daughters and grandchildren were
killed this summer. The Kern family sold their home, but at a significant loss. The purpose of this organization is to raise funds to
help the Kerns get their equity back. In the future the organization will raise money to assist families that have been victims of
domestic violence. Councilmember Slack asked what type of an event was being planned. Councilmember Coletti said they would
have food and various entertaining races, such as fuzzy slipper races, bed races, food vendors, but he doesn’t have all the information
at this time. Councilmember Thompson asked about the location. Councilmember Coletti said it would be in Idaho Falls at the
Domestic Violence Center. Councilmember Slack suggested including information for the event on the utility statement. Ron
suggested offering the use of one of our parks.
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Councilmember Slack inquired about closing the road that runs through McCowin Park. He said it would free up a lot of the
park and increase the parking and the school would still have two entrances and exits. Councilmember Bean said there would be no
way to get into the Hillview subdivision. Councilmember Coletti asked about the senior citizen park. Councilmember Slack informed
Council that the City didn’t get the grant and he told Ken without any significant funding, the City would not be doing the senior
citizen park. Councilmember Coletti proposed the City turn the space it into a community garden. Mayor Fuhriman said the money
for the park is a possibility next year, because the State likes the project and they would like to make it possible.
Ron said a gentleman came in and informed him there is live mariachi music every Sunday. They come at noon and stay till
8:00 until 9:00 with no reservation. Ron said we allow people to use the shelters at no cost if they are not reserved, but suggested
locking the electrical boxes when there is not a reservation. Councilmember Coletti asked if it was a noise issue. Discussion ensued
regarding the noise ordinance. Councilmember Slack suggested involving Ken to see what his opinion is in resolving the issue.
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 Bean moved to adjourn to executive session pursuant to provision of the Idaho Code 67-2345(1-b), (1-f), and
(1-c). Councilmember Coletti seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Coletti – Yes,
Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed.
The meeting adjourned at 8:30 p.m.
________________________________________
Steve Fuhriman, Mayor
____________________________________________
Ron Folsom, City Clerk
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