06162011CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JUNE 16, 2011
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, JUNE 16, 2011 – 5:30 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 5:30 p.m.
Pledge of Allegiance – Councilmember Powell
Prayer – Councilmember Slack
MINUTES:
May 5, and May 12, 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.BDPA Implementation Policy Acceptance (Jennifer)*
2.Acceptance of Sept. 30, 2010 Audit Report – Judy Brower – Galusha, Higgins & Galusha
3.Ordinance 503 and Summary - Proposed Title 5 Chapter 3 – Animals & Chapter 4 – Dog Control (Ron)*
4.DEQ Loan Amendment Review and Determination (Rick Miller)*
5.Grant Application – Weekend Baseball Tournament – Jeremy Ferguson*
6.Broadband Transfer for Budget Year 2011-2012 (Powell/Jennifer)
7.Microserv Lease Approval (Patterson)*
8.Health Insurance Recommendation (Thompson/Jennifer)*
9.Refund Fees to Hillcrest Youth Team
10.Resolution 2011-009 (with Discussion) - Residential Green Space Rate (Scott)*
11.IBSD Separator Line – Notice to Proceed (Lance)*
12.Segment C EIRWWA – Notice of Award (Lance)*
AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board):
ACTION ITEM:
1.Authorization of Automatic Payments of Billings under $50
DISCUSSION ITEMS:
1.Broadband Rates (Patterson)*
2.Single Family Dwelling and Business Licensure (Ron)
3.Judicial Confirmation Update (Ron)
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
City Council Minutes 6-16-11 Page 1 of 12
Councilmember Dana Kirkham
Councilmember Brian Powell (left at 6:34 p.m.)
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
City Officials Absent:
Councilmember Lee Bean
CALL TO ORDER:
Mayor Steven Fuhriman called the meeting to order at 5:33 p.m. Councilmember
Powell led the Pledge of Allegiance. Councilmember Slack offered the prayer.
MINUTES:
May 5, 2011 – Councilmember Kirkham motioned to approve the May 5,2011 minutes, as
presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Powell – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes.
The motion passed.
May 12, 2011 - Councilmember Thompson asked for clarification on an entry in Section 4.
Councilmember Kirkham motioned to approve the May 12, 2011 minutes with the change striking 5 acres from
Councilmember Thompson’s comments. Councilmember Powell seconded. Roll Call Vote: Councilmember
Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and
Councilmember Thompson – Yes. The motion passed.
ITEMS FROM MAYOR:
Mayor Fuhriman said the III-A meeting was successful and there were a lot of
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cities present. Councilmember Slack said it was a good meeting and come January 1 the program becomes active
and data will be collected to design the new program. Out of the $7-9 per person, which the City has been paying
into III-A, the amount that has not been spent will be refunded and once it is fully funded; the City will receive a full
refund. When it is actively running, the City will be able to pick the plan and how much to pay.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
June 16, 2011
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.Rumbi Island Grill – Restaurant – 2035 S. 25 E.
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B.Leisure Lawn of Idaho LLC – Lawn & Tree Care – 2667 E. 14 N.
C.Sno Shield, Inc. – Snow Guards/Snow Retention – 3968 E. Sunnyside Rd. Unit 3A
D.JJ Industrial – Produce Sales – North Corner of Sunnyside & S. Ammon Road
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E.Heartland Pharmacy – Pharmacy – 3250 E. 17 Street
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F.Double Bubble, LLC – Laundry Mat – 939 S. 25 E., Suite 120 & 121
2.RENEWAL GENERALBUSINESS LICENSE APPLICATION:
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A.Five Guys/Burgermeister – Restaurant – 2541 S. 25 E.
HOME OCCUPATION PERMITS:
1.RENEWAL HOME OCCUPATION PERMITS:
A.Eric’s Auto Repair – Auto Repair – 800 Tennis Court
City Council Minutes 6-16-11 Page 2 of 12
CHILDCARE/CHILDCARE WORKER LICENSES:
1.NEW CHILDCARE LICENSES:
A.Brower, James – Childcare Employee/Little Learners Preschool – 1228 Ridgewood Dr.
B.Lemons, Jamie – Childcare Employee/Non-Provider – 700 Tennis Court
C.Hernandez, Michelle – Childcare (Maximum 12 Children) – 2197 Stafford Circle
2.RENEWAL CHILDCARE LICENSES:
A.Acorn Children’s Academy – Commercial Childcare – 1619 Curlew, Suite 2
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Hunt, Kaylene – Bartender/The Cellar – 3520 E. 17 Street
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B.Robbins, Cody - Bartender/The Cellar – 3520 E. 17 Street
2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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A.Clayton, Brooke – Bartender/T.G.I. Friday’s – 2665 S. 25 E.
MASSAGE LICENSE:
1.NEW MASSAGE LICENSE:
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A.Cook, Blaiklee M. – Massage Therapist/Massage Envy – 3047 S. 25 E.
2.RENEWAL MASSAGE LICENSE:
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A.Kindler, Diana – Massage Therapist/Mark of Excellence – 3039 S. 25th E.
Business Licenses: Councilmember Kirkham motioned to approve the Business License Consent
Agenda, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember
Thompson – Yes. The motion passed.
Accounts Payable – Exhibit A: Councilmember Kirkham advised the Council about Bonneville
Jefferson Ground Water and recommended to pay it in full. She talked about using the $10,000 money from
contingency to accomplish this. Council concurred. Councilmember Kirkham said that the City hasn’t utilized
them like we could have, but when the time comes it will be worthwhile. Leslie stated it was a good insurance
policy. Councilmember Powell asked if the $24,000 bill was for the power on the pumps. Ray said yes, but he
thinks it is estimated. Jennifer will double check the bill. Leslie does not think they estimate anymore.
Councilmember Powell motioned to approve the Accounts Payable – Exhibit A, as presented. Councilmember
Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes,
Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion
passed.
ITEMS FOR/FROM TREASURER:
City TreasurerJennifer Belfield gave a reminder of the employee
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appreciation and open house lunch at 11:30 on the 17 with the ribbon cutting at 12:30. Leslie clarified the
members attending.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
None
PUBLIC HEARINGS:
None
ACTION ITEMS:
City Council Minutes 6-16-11 Page 3 of 12
1. BDPA Implementation Policy Acceptance (Jennifer)*:
Jennifer introduced Andrea Fugleman,
BDPA Inc., P. O. Box 15424, Boise, ID 83715. Andrea addressed the Council concerning the salary compensation
plan. The implementation plan is a salary structure/compensation plan with minimums and maximums along with
administrative guidelines. They are recommending a salary structure and administrative guidelines, which will help
with promotions, demotions and budgets. If the City chooses to implement the salary schedule, it will affect 14
employees which are under the salary minimum and recommend to be brought up to the range minimum at an
estimated annual cost of $44,000. The adjustments may create some moral problems for existing employees. There
are issues if the Council chooses not to do this, with new hires coming in at higher rates than existing employees.
Councilmember Slack said Example B shows the ones that are to be changed, which are Public Works operator
positions, lead operator, Park Superintendent, Building Inspector, Fire Marshal, Planning Director, City Clerk, City
Treasurer and Public Works Director. Jennifer requested that the Council accepts BDPA’s proposal and to figure
the time allowed getting to the ranges.
Councilmember Powell asked if the economy has been taken into consideration for this plan.
Councilmember Kirkham asked Andrea to explain how they figured the amounts. Andrea said the salary survey was
based on those public entities where the City would get their employees from and lose their employees to. These are
Blackfoot, Chubbuck, Idaho Falls, Bingham County, the State, Jerome, School District #91, etc. Both Pocatello and
Idaho Falls data fell outside the normal range of the rest of the entities. They left Idaho Falls in, since they are a
major competitor. Pocatello was left out, because it was skewing the information. They calculate an average that
balances them out. They also looked at specific positions and the responsibilities required. They looked at the job
descriptions, rather than the job titles to make the comparisons. Councilmember Powell asked if they only looked at
base pay or did they look at benefits. Andrea said they looked at both, which included minimum qualifications and
responsibilities. Councilmember Powell asked if they consider benefit packages in these, as well. Andrea stated
they did look at benefits, as well. She explained the total compensation approach, which included vacation, sick
leave, etc. She stated the City was very comparable to other cities.
The only difference in benefits is that the City pays the full amount for the family participation option
and does not offer vision coverage. Other cities require employees to pay part of the cost for family benefits and
they offer vision coverage. The benefits didn’t add to or subtract to the base wage estimate. Councilmember Powell
asked how they came up to the pay grade. Andrea said that was in the job classification and internal equity. Each
employee filled out information and then they interviewed the employees. They then went through a job evaluation
process. It gives them a means to evaluate different jobs identified in the Equal Pay Act, which says there are four
things you must look at: skill, effort, responsibility and working conditions. They added customer service,
supervisor responsibility, accountability, problem solving, decision making, etc. Councilmember Kirkham
complimented BDPA for the job they had done. Councilmember Kirkham said the City will probably add a level
12, since the staff will report to the City Administrator. Jennifer said add a Deputy Clerk. Andrea said this is a
dynamic plan and for any changes the City needs help with that requires less than a half hour of BDPA’s time, there
is no charge.
Councilmember Slack asked what happens when a staff member hits the maximum pay level and still
has another 20 years to work. Andrea explained the salary structure. She said you want to move people into the
market rate within 4 – 6 years of employment to maintain staff. Under this structure, the majority will cluster
around the market rate within 5%. The top third of the range should be reserved for employees proven to be
consistent top performers, over time. These are stars of the organization that have been at work at least 8 – 10 years
and consistently exceed the job standards. This is based on a valid and effective performance management system.
If you have an employee at the maximum of the range, that employee should be able to pursue onetime lump sum
performance incentives. This plan is also dynamic and the maximum will move as the market moves. The average
was a 2.8% increase last year. Councilmember Kirkham said you are looking at the job and not the individual worth
of the employee, with a market move adjustment. Councilmember Coletti asked if the Council would just be voting
to accept the policy and not make any changes yet. Councilmember Kirkham stated they would discuss individual
salaries in executive session. Jennifer said she is concerned with the follow-through. Councilmember Kirkham
stated there would be follow-through. Jennifer asked when she could follow-up on this. Andrea said within 2 weeks
you will receive the final report from BDPA in a binder. They will have written job descriptions, as well.
Councilmember Slack said it would have to be done for the next budget year. Council asked Jennifer to follow-
through.
City Council Minutes 6-16-11 Page 4 of 12
Councilmember Kirkham moved to accept the proposal from BDPA for the job policy with the
implementation of said policy pending. Councilmember Powell seconded. Roll Call Vote: Councilmember
Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and
Councilmember Coletti – Yes. The motion passed.
2. Acceptance of Sept. 30, 2010 Audit Report – Judy Brower – Galusha, Higgins & Galusha:
Judy
Brower, Galusha, Higgins & Galusha stated that there was a delay due to the Eastern Idaho Regional Waste Water
Authority (EIRWWA) audit, which was just wrapped up a week ago. The City had significant funds transferred to
the Region and part of the City audit is making sure both numbers tie together. Judy went over the report with the
Council. She stated she, Jennifer, and Councilmember Bean went over it last week, as well. She explained her firm
provided assistance determining the financials, from data in the City’s books and records. She talked about
management analysis on page 3. Judy said the City still has a positive balance in the sewer fund. The Shelley
auditor said the Region went negative this year and their City will show debt above the assets. When Ammon
transfers its assets, it will also show as a negative. Councilmember Slack inquired why the City can’t count the
EIRWWA as an asset, even though we are a partnership. Judy explained it is due to control. Judy said it is due to
the City releasing the control, since the City only has a 25% vote. Governmental accounting goes by the percentage
of control. Scott explained if the joint power dissolved, then you would get your percentage back. At this point, the
two Counties have very little invested. Councilmember Powell asked if there was any way to claim it. Judy said
you would have to rewrite the agreement. She explained they are responsible in maintaining it. Judy said you gifted
them a liability, not an asset, with the maintenance, environmental hazards, maintaining the lines, etc. Judy
explained the rules are a little different with the joint powers agreement.
Judy talked about collecting enough funds to maintain the liability. Judy said at one time it was that
they would collect all the money and only give you back what you need, but this isn’t the direction it is currently
heading. Councilmember Slack asked if the joint power dissolved, how much would we get back. Scott said you
would get 25% of your vote. Judy said it would be based on the connections, not on the percentage. Scott said that
isn’t going to happen, since where would the City go. Judy said it is a contribution to the Region on their balance
sheet. Councilmember Slack asked Judy if this impacts the City, in a negative way. Judy said if you needed to go
out in additional debt for the sewer system, it could affect our bond rating. Councilmember Powell asked if it was
just on that specific bond. Judy said it could, but this isn’t her area of expertise.
Judy talked about page 5, which showed the City’s total assets did go up. Judy said water was a
construction in progress, during this audit. The long-term liabilities also increased due to sewer and water this year.
She talked about Page 6 with the comparatives of governmental activities, sewer, water and garbage.
Councilmember Powell asked if this next year, with what they are estimating, if the City could anticipate a decrease
in those assets. Councilmember Kirkham said there will be an additional $2.9 million to complete the project next
year, with Shelley contributing $400,000. In answer to Councilmember’s Powell question, Judy said it depends on
when the project gets completed. It was based on when it was able to be used by Shelley. Judy stated there is a
pretty substantial investment and asked the Council to look at Page 28. She said there was almost $7 million
invested, with most of it being the interceptor lines. Councilmember Powell inquired about the accumulated
appreciation and how they came up with that number. She said the City paid for an appraisal on all of the assets and
it is all done as straight line depreciation. Councilmember Powell talked about replacement costs. Judy stated there
a couple different ways to figure depreciation. Leslie stated that when she came to the City, the City was showing
different sets of methods for evaluations without consistency. She contacted different cities throughout the State and
Lance and came up with a consistent solution for base lines for the assets, which are longevity driven.
Council discussed the Profit and Loss on Page 36. Judy explained there are some accruals in there and
not pure cash. Judy took the Council to the balance sheet on page 12. There were some accounts payable and
receivables that were outstanding. The General Fund functions are on a modifiable accrual basis. Councilmember
Powell asked why the proprietary funds are not on a cash basis. Judy said generally accepted accounting principles
use accrual. Judy talked about Page 32 and 33. She said it shows the debt that was outstanding, at that particular
time. Judy stated governmental accounting is different. Councilmember Slack inquired if the City could meet its
debt obligations, based on the fees they saw. Judy said the accounting firm concentrates on the past, not the future.
Judy talked about page 34 and the proper recordings that they check. Judy had the Council go to page 12 which is
the general and street funds and they are governmental. The fund balance was slightly below $5 million. The
building fund owed the general fund money, during this time frame, because of how it had been operating. Page 14
City Council Minutes 6-16-11 Page 5 of 12
showed a general increase for this period, but the building fund went down. Page 16 on the proprietary funds is on
an accrual basis. The net assets were: water $12 million, sewer $5.6 million and sanitation $1.6 million for a total of
$19 million. She talked about the very back of the report, which showed the single audit report. Councilmember
Powell excused himself from the meeting. Councilmember Kirkham inquired why there are so many journal entries.
Judy explained some of them stem from how the fixed assets are done during the audit. Councilmember Slack
asked if there are entries that could be fixed ahead of the audit. Judy said Jennifer’s goal is to get more of these
done. Judy said Jennifer does a better job than the past employees. There is a lot more going on in the City, than
there was in the past, with a lot based on the projects. Judy stated the Accounts Payable was messed up for a long
time and it is getting fixed. Jennifer said she is comfortable with Judy doing these, because she prepares everything
throughout the year and she would like someone to double check the entries. She talked about interest earnings
information, but at the audit is when the market adjustment is done and the City adjusts to the market basis. Judy
said the diversified bond had a large market positive adjustment and they looked at its allocation. She can estimate,
but there aren’t any actuals.
Judy went over the management recommendation letter. The firefighters grant was treated one way
and it had to be transferred to a different source of funds. Ultimately, it was kept the same way. She stated in the
single audit they are required to look at the amount of coverage on the professional liability and Forsgren’s is not
enough, based on the size of the project. She stated the billing will need to be addressed on the EIRWWA. Her
comment also includes the land, since EIRWWA is built on land owned by Shelley. Councilmember Kirkham said
Councilmember Bean will be going back to the Region and requesting the land be deeded to the Region. She
anticipates it happening on the next few months. Judy stated that was a good idea or at least a long-term lease
agreement.
Councilmember Slack moved to accept the September 30, 2011 Audit Report, as presented.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed.
3. Ordinance 503 and Summary - Proposed Title 5 Chapter 3 – Animals & Chapter 4 – Dog Control
(Ron)*:
City Planner Ron Folsom said there were only two changes. One is 5-3-3 with a language change. 5-
4-10 was the major change where tethering was discussed to tether no less than 10 feet in length. Ron stated Margie
would like to come and talk to us tomorrow.
Deb Colman, 414 Riverview Road, St. Anthony said it gives the animal enforcement officer some teeth to
do her job. She stated they see only a few people that cause the problem, and this gives them enforceability. Ron
asked the Council for the implementation time. Council said January will be fine. Ron stated they will send a letter
to anyone who currently has a dog license. Councilmember Kirkham wants it in the newsletter. Councilmember
Thompson said a person in jail gets less than 150 feet and a Chihuahua gets more. Ron said this was a compromise.
This is for a permanent enclosure, which becomes used for everything with the animal.
Tom Hunsaker, Planning and Zoning addressed section 5-3-8. He said the new language still used the
name “overlay 6” zone and it needs to be changed to “overlay animal”. It is just a change in verbiage. Tom talked
about Section E, Number 1, RE zone has its own section, and so it can be taken out. Ron talked about the RE zone
dimensions. Tom asked if we would no longer allow roosters in the RE zone. It was discussed roosters are
excluded entirely. Tom talked about the allowed zones to keep hens, but the property must also be at least 1/3 acre
and some of the zones won’t qualify. He would like to allow everyone the right to have chickens. Ron stated the
proposed language is consistent with Idaho Falls and Iona. Councilmember Coletti and Councilmember Thompson
want to keep it at a third. Tom stated there a lot of people in the City that have smaller than 1/3 acre and have
chickens. Councilmember Slack would like to see ¼ acre. Councilmember Kirkham does not have an opinion on
the size. Councilmember Kirkham asked Ron of the people who have inquired do they have a 1/3 acre. Ron said
yes, most of them. Councilmember Thompson talked about keeping the 20 feet minimum. Ron said it is a good
place to start and Idaho Falls said they are having a ton of problems. Tom said 6 chickens is not a bad number and
not allowing roosters is not a bad idea. He stated he has talked with people who have been raising chickens. He
stated #9 has a contradiction, since it references Title 10 instead of Title 5 and needs to be changed.
Tom Hunsaker, 2925 Carol Lane said it has to be 6-10 square feet, per bird, for good egg laying quality and
at least 2 square feet for health. Councilmember Thompson said the ordinance won’t allow the chickens to run in
the back yards. Tom talked about health issues. He stated if you keep them clean, they are just like other critters.
He talked about noise issues. Tom stated the bottom line is if you keep the coop clean, it is a non-issue for up to 20
ft. near the home. Ron said the City went restrictive and doesn’t allow chickens to roam. Tom talked about a new
City Council Minutes 6-16-11 Page 6 of 12
type of coop that is portable and believes it is called the Chicken Tractor. Tom stated 1/3 acre is a concern for him.
He would like the people that are currently illegal, to become legal. Councilmember Kirkham said they have been
in violation, since the City never allowed chickens. It was discussed we can give them time to comply. Tom talked
about a potential missing section having to do with chicks. We do not address whether they can be inside or not. It
was discussed they are not considered a “domestic hen”, until they are old enough. Council addressed the following
changes to be allowed: Overlay 6 to overlay animals, striking RE and changing 9 from 10-3-8 to 5-3-8.
Councilmember Kirkham read Ordinance 503 and Summary, with the said changes that have just been
identified,
AN ORDINANCE OF THE CITY OF AMMON OF THE STATE OF IDAHO, REPEALING AND READOPTING PORTIONS
OF THE CITY CODE TITLE 5, CRIMINAL CODE CHAPTER 3 ANIMALS, CHAPTER 4 DOG CONTROL, PROVIDING
SEVERABLILITY PROVIDING REPEAL OF CONFLICTING ORDINANCES, AND PROVIDING EFFECTIVE DATES.
Councilmember Kirkham moved 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 Coletti seconded. Roll Call Vote:
Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember
Thompson – Yes. The motion passed.
Councilmember Kirkham read Ordinance 503 and Summary
AN ORDINANCE OF THE CITY OF AMMON OF THE
STATE OF IDAHO, REPEALING AND READOPTING PORTIONS OF THE CITY CODE TITLE 5, CRIMINAL CODE CHAPTER 3
ANIMALS, CHAPTER 4 DOG CONTROL, PROVIDING SEVERABLILITY PROVIDING REPEAL OF CONFLICTING ORDINANCES,
Councilmember Kirkham moved to adopt Ordinance 503 and Summary as an
AND PROVIDING EFFECTIVE DATES.
ordinance of the City of Ammon on its third and final reading, with the said changes that have just been identified.
Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes,
Councilmember Coletti– Yes, and Councilmember Thompson – Yes. The motion passed.
Meeting was recessed at 7:21 p.m. for refreshments, since the meeting is likely to go into the night. After a
quick break, the meeting started again at 7:40 p.m.
4. DEQ Loan Amendment Review and Determination (Rick Miller)*:
Councilmember Kirkham said
she spoke with Rick Miller and this addresses the Judicial Confirmation of $5 million. She said the good news is
DEQ has adjusted from $3 million to $5 million, if the City gets the Judicial Confirmation at 2 ¼% interest. It was
discussed the original $15 can go to 30 years and the new request can go to 30 years, but the $5 million from the
original confirmation will have to stay at 20 years. She explained the HK balance owed is $1,182,000 of Segment
B, the membrane is estimated at $400,000 based on similar projects ranging from $350,000 - $480,000, and
Segment C for $1.8 million for a total of $3.4 million. The City still has the Army Corp of Engineer fund sitting out
there for $515,000 and subtracting that and gives a balance of $2.9 million, but Shelley will bring in $500,000. So
overall, it should be a balance of $2.4 million with no change orders. Scott said the City has been approved for up to
$5 million. Councilmember Kirkham said they had to identify a scope, which includes the Woodland Hills
connection, equipment for sewer needs (could be used for the truck that Lance said would cost $350,000).
Councilmember Slack asked if Rick mentioned Davis Bacon wages. Lance explained Segment C was not bid out
with Davis Bacon wages, but the new money ($5 million) will be federal money and needs Davis Bacon wages, but
most are already paying Davis Bacon wages. Councilmember Slack said there are two kinds of Davis Bacon, which
are heavy civil and building. He explained the building is substantially higher than the heavy civil. Lance explained
they are laying pipe which is heavy civil. Councilmember Slack said the Davis Bacon wages shouldn’t increase
anything, but there is a question if there will be an impact and a change order needed based on wages, because Knife
River would have to reassess their wages. He wanted the Council to be aware of this. Councilmember Slack said if
we use that money to build that segment, then it applies. If we use the reserves, then it won’t apply. Lance said you
have specific uses for reserves. Councilmember Kirkham said until the Judicial Confirmation comes through, some
of these funds will need to be paid out of reserves. Councilmember Kirkham said the City has $5 million in
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reserves. Ron said July 7 will be the first hearing.
Councilmember Kirkham moved to table the DEQ Loan Amendment and Review, until there is a time for
action. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack –
Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed.
5. Grant Application – Weekend Baseball Tournament – Jeremy Ferguson*:
Ron gave a copy of the
application to Council and stated Ken is okay with it.
City Council Minutes 6-16-11 Page 7 of 12
Jeremy Ferguson, 2150 S Ammon Road said they trying to bring in an Ammon based All-star tournament.
They are bringing teams from all over Idaho and some from Montana. They will bring a 12U and 10U division, 16-
24 teams. They would like to have the City prep the fields the day before the games and they will paint the stripes,
water the lawns and grade the fields. Their proposal is for the City to mow the lawn and the tournament organizers
will watch the parking lots and bathrooms, maintain the grounds, collect garbage and clean the fields. They would
like to make the tournament the same class as some of the others. They would like to have an Eagle Project for
dugouts and hope Ace will donate the wood to replace the old benches and possibly add a roof to provide shade and
protection from the rain. He would like to use metal, if possible. Every tournament they go to now provides helmet
boxes and he would like to see us have those, as well. AK Sign is willing to donate signs stating these teams
represent the City of Ammon. They will also make bat holders. It will be a work in progress. He would like to
eventually buy a machine to tuck the grass. They are applying for a grant from the City, so they can get the field
fees waived and sell concessions. He is unsure if he can get the overhead roofs done in time, but feels the rest is
doable. He would like it to look like the Eagle Pointe field. He has talked with Ken and would like to donate $500
back to the parks department to help defray City costs. Ron said the fees he would like to waive are for concessions
and participation fees. Jeremy said he won’t hurt the refreshment business in McCowin Park. He has flyers and has
listed the Ammon restaurants, hotels, pool, etc. Councilmember Powell inquired what fees he needs waived. Leslie
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said he is non-profit. Councilmember Thompson asked if it was just one weekend. Jeremy said yes, July 8-9.
Council likes the idea and this is what they like to see. Councilmember Coletti asked Jeremy to coordinate with
Ken.
Councilmember Slack moved to waive the fees for registration and concessions for the tournament, due to
the fact that it is non-profit. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes,
Councilmember Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion
passed.
6. Broadband Transfer for Budget Year 2011-2012 (Powell/Jennifer):
City IT Director, Bruce
Patterson stated this is the item that was discussed at the work session.
Councilmember Kirkham moved to approve the broadband transfer for the budget year 2011-2012.
Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes,
Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed.
Council amended the motion for the budget year 2010-2011. Roll Call Vote: Councilmember Kirkham –
Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The
motion passed.
7. Microserv Lease Approval (Patterson)*:
Bruce Patterson said upon discussions with Microserv,
they would like to put two antennas on top of the water tank. He explained how they will look. It will sit on top of
the tank, but not be bolted. Councilmember Slack asked if it was for wireless internet. Bruce Patterson said yes.
He said we will provide some back haul up there. They would like to use it for a period of time, with the intent of
further business. We need the lease for them to be able to occupy it. The lease money would go to the water
department at $200 per month. It allows 25 watts per hour for a month and that is about $3 - $4 per month in power.
He stated Scott has looked at it and made some changes. Councilmember Slack asked would it go to the water or
technology. Bruce Patterson said this is water department property and he feels it should go there, since they helped
it out. They will eventually pay for the broadband department when it goes up the hill. Councilmember Coletti
asked if there are any problems from Ray and Lance. The water department is okay with everything.
Councilmember Coletti moved to approve the Microserv Lease. Councilmember Slack seconded. Roll
Call Vote: Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and
Councilmember Kirkham – Yes. The motion passed.
8. Health Insurance Recommendation (Thompson/Jennifer)*:
Councilmember Thompson went over
the different benefits: Health, Dental and Life and the options that are available with the renewal. He explained the
different options.
Health:
The first column is the current information at $19,741 per month for 27 employees. Option 1 is a
10% increase maintaining the same deductible, but increasing the co-pays. The $21,600 would be a 10% increase
for Option 1. He recommends the 3.7% increase, which will change to a $3000 deductible, instead of a $2000
City Council Minutes 6-16-11 Page 8 of 12
deductible with a $1500 out-of-pocket maximum. An option between the $2000 and $3000 would have the City
reimburse 70%, but he feels this would cost more money. Councilmember Kirkham inquired how much more
money. Jennifer explained it would depend on how many people met the deductible. If only a few employees met
it, we would save money. However, if more met it, we would lose money.
Dental:
Councilmember Thompson stated he feels the City is getting ripped off on dental insurance. The
City has been paying $140 per month for a family and that is at a cost of $1800 per year, with a $1000 maximum
benefit per person allowed by the insurance carrier. Out of the 75 people, 33 have not been to the dentist. The way
the system is right now, the 33 pay for those who do go to the dentist. He feels there is a discrepancy between single
employee coverage and family coverage, in regards to participation from the employee. If it is employee only, we
pay $49 per month, but if they have a family we pay $140, so basically we are rewarding them for having a family.
Usually the employee pays for the family’s additional expenses. He proposes that the City takes the funds from not
buying Dental Insurance and put $90 per month into an HRA and this would include $10 for vision. He explained in
2 years you will be at $2000 per year that the employee can use directly for dental expenses or to pay for dental
insurance. If you don’t use it initially, it will build up. Councilmember Kirkham inquired if the current policy
covers orthodontia. Councilmember Thompson explained it does not, but with the HRA you could. You can go to
any dentist you want to. He talked about the possibility of requesting the same rate from the dentists, as Delta
Dental, for the employees’ expense portion. Councilmember Slack inquired if an employee can contribute to an
HRA. Councilmember Thompson said no. Councilmember Thompson explained if you have more in a family, you
may want to contribute to a cafeteria plan. Jennifer explained that she, Leslie, and Councilmember Thompson have
met with the insurance brokers. Councilmember Thompson explained how the $90 was figured. The City spends
10% on premiums for 4% of benefits.
Life Insurance:
Councilmember Thompson explained term life insurance is currently at $20,000 per
employee and $5,000 for any spouse or children. Jennifer said it is $6.01 a month per person, so the City is paying
$156.25 a month which ends up being $2000 and Councilmember Thompson wondered about possibly doing away
with life insurance and paying the funeral expenses for anyone who dies. Councilmember Thompson said the
actuaries are on our side. Council discussed most people do get life insurance through work. Leslie stated the funds
are not always used just for funeral expenses, but for the living expenses for the survivors.
He explained they looked at the Option 3 (HSA), but it is high. The prescriptions run $5000 per month for
the City for $3700 savings, so that doesn’t make sense. He explained we are at a point where insurance is going up,
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because there are some heavy medical situations within the group. Renewals are July 1 and we need to make a
decision. Council inquired to the employee participation. Leslie stated the employee is free, one employee’s spouse
or child is $100 and anything above this is $200. Ray said you have a $4000 out of network deductible and he has
paid $6000, because they went out of network. It was discussed we will have a better network next year. Leslie
talked about the differences between Blue Cross and Altius. Council discussed the ramifications of getting rid of the
life insurance options. It was discussed the 10% is under the 12% trend. Councilmember Kirkham commented the
only thing to keep in mind is if we leave Delta Dental and you decide to go back, it will be at a higher premium.
Councilmember Thompson explained the reasoning behind the HRA. Council agreed to go with the 10% increase
for health insurance.
Councilmember Thompson moved for Health Option 1 with $2000 deductible individual and $4000
family with Altius and for dental and vision the City will pay $90 per month, per employee, in an HRA that can be
used by the employee while employed by the City, and maintain life insurance with Regence at $20,000 for
employees and $5000 per spouse. The plan also has the option for a few dollars, per month, they can add additional
insurance. Councilmember Slack seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember
Slack – Yes, Councilmember Coletti –Yes, and Councilmember Kirkham – Yes. The motion passed.
9. Refund Fees to Hillcrest Youth Team:
Councilmember Coletti moved to table number 9, since
Councilmember Powell is absent. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti –
Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Kirkham – Yes. The
motion passed.
10. Resolution 2011-009 (with Discussion) - Residential Green Space Rate (Scott)*:
Ron said it
becomes prejudicial if we don’t charge a minimum to one party, but do charge another party. He explained if we are
taking electricity out of residential then it should also come out of commercial or we need to justify why one is
City Council Minutes 6-16-11 Page 9 of 12
different from the other. Ron explained it has nothing to do with zoning. Scott said it’s about the cost of providing
water and the cost should be reasonably equal. Councilmember Kirkham said she doesn’t agree. If the City doesn’t
do this, some of the parties will want to make it part of their yard. She feels the City should take the chance on it
and let someone sue the City. Scott said he has stated his opinion. Councilmember Slack asked if the reasonable
cost for providing services to a commercial green space is the same cost as a residential green space, shouldn’t they
all be the same? Leslie said if you pull up Lance’s figures they show it costs $2.00. Councilmember Kirkham said
the $1.98 is based on commercial usage. Lance said no, the $2.00 is based on actual electrical cost usage across the
board. If you have a metered rate, then it would be the same cost. Councilmember Kirkham commented that we
metered the green space on our own. Councilmember Slack commented that the current way we bill customers is
not the same amongst the different zones. Councilmember Kirkham talked about Quail Ridge property. Ron said
you have to look at commercial and be aware this could happen. Councilmember Kirkham stated all of our water
rates are arbitrary. Councilmember Slack said we told the residents that we are scattering meters to get a true cost,
so in the future the rates will be equitable between the residential and commercial. Scott said the issue he has raised
is why we should meter water and why the City should be moving into that direction. Councilmember Kirkham
stated we will most likely be making adjustments this year with the data we are getting. Scott asked are you making
this change to subsidize those developments. Councilmember Kirkham said no, because we have to pay one way or
the other. This way they are helping to subsidize us. It was discussed we need to get to metering soon.
Councilmember Slack said if the Council passes this we need to tell our constituents we are conducting a study right
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now and we will change the rate when we have better data. Ron said this will be effective June 1.
Councilmember Kirkham moved to pass Resolution 2011-009 for residential green space and make it
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effective June 1, 2011. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes,
Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti –Yes. The motion
passed.
11. IBSD Separator Line – Notice to Proceed (Lance)*:
City Engineer Lance Bates said the notice has
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been received and he would like to authorize the Mayor to sign with a July 18 date, so we can get this done before
the schools starts. It is a key item that will be discussed with HK, before it impacts the school year. Scott asked if it
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could be done July 11. Lance explained that was his original proposal, too. Kevin Harris, Forsgren Associates
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said he asked HK and they prefer July 18 or July 25,because they want to get some submittals in.
Councilmember Slack commented they won’t be able to start until they have their supplies, which is most likely
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why they want the 18 or the 25. Scott said can they be across the school property and be prepared by August 10.
Kevin said he will have to check on it. Lance said the easement agreement says by the time school starts, not the
time sports start. Kevin said the contract documents say they work within the right-of-way and follow the easement
agreement. They do not give a specific date.
Councilmember Slack moved to approve the IBSD Separator Line – Notice to Proceed and give
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authorization for the Mayor to sign with the July 18 date. Councilmember Kirkham seconded. Roll Call Vote:
Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and
Councilmember Coletti – Yes. The motion passed.
12. Segment C EIRWWA – Notice of Award (Lance)*
Lance said he recommends the Mayor sign the
notice of award, which will allow the contractor a certain amount of time to sign the contract and get it back to us.
The City will then sign the contract language, before we issue a notice to proceed.
Husk, Forsgren Associates said the notice of award is needed in order for the contractor to get his bonding.
He can then sign the agreement that he will do it for the awarded amount.
Councilmember Coletti moved to approve Segment C EIRWWA – Notice of Award and authorize the
Mayor to sign and to award Knife River the contract. Councilmember Slack seconded. Roll Call Vote:
Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember
Kirkham – Yes. The motion passed.
AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board):
Mayor Fuhriman moved the meeting into session of the Ammon Lighting District Board.
ACTION ITEM:
City Council Minutes 6-16-11 Page 10 of 12
1. Authorization of Automatic Payments of Billings under $50:
Councilmember Slack moved to
approve the Accounts Receivable and allow the automatic authorization of billings under $50, moving forward from
tonight. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti –
Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed.
Mayor Fuhriman moved the meeting into session of the City Council.
DISCUSSION ITEMS:
1. Broadband Rates (Patterson)*:
Bruce Patterson showed the Council the rates and would like to use
a one page chart. He stated Syringa likes the rates, as well. They will need to get published. Councilmember
Kirkham asked to make sure Councilmember Bean has looked at this. We do not offer a retail service, its wholesale
only. He feels this appeals to the type of carriers we want. Councilmember Kirkham said to put it on the next
agenda. Class of service deals with whether is real time, near real time or best effort. The internet is best effort.
Near real time is a business class service that guarantees them a reasonable expectation. Class 3 is real time like a
cell tower service. It has absolute priority over everything else. Councilmember Slack said Cable One is offering
50 meg service for $45. Bruce Patterson asked if Councilmember Slack gets 50 megs. Councilmember Slack said
no, it’s 10-15 meg. Bruce Patterson said there is a technical difference and this will appeal more to business, not
residential. The upstream speed for a business is as important as the downstream speed. Council is fine with it and
asked Ron to publish.
2. Single Family Dwelling and Business Licensure (Ron):
Ron said this is concerning Club Inc. and
the various Group Homes in the area. They have decided that they will no longer renew their business licenses. Ron
stated he has talked to Scott about it. Ron talked to Kuna about what they do. They also talked to Nancy Stricklin
who said they insist on the business license, since they are still operating as a business and we would do this for
others in the residential area. Nancy stated her City is enforcing it. The cost is $130 for each home. Club Inc. has
about 6 or so properties. Councilmember Slack said you can’t have a business, but not pay for a business license.
Scott stated Council wants to push it, but be aware they may take it to court. Council agreed to push it.
Councilmember Thompson inquired if you own an apartment building, do you have to purchase a business license.
Ron said no. Scott said that is a commercial development, which pays individual sewer, water and garbage fees.
Group Homes require themselves to be single family homes.
3. Judicial Confirmation Update (Ron):
This discussion was already held earlier in the meeting.
4. Misc.
Councilmember Slack said he has been talking with Eric Isom from Ball Ventures. He asked
him, in regards to developers, how the roads should be developed. Eric believes when they deeded the right-of-way
section there was a development agreement with Idaho Falls, which said at the time Idaho Falls feels the road needs
to be upgraded it will do so and charge Ball Ventures half of the cost. If property gets deeded to Idaho Falls, then
they would make an arrangement with the property owners to cover the cost of the road. He is not sure it will be fair
to all developers, though. It was discussed you might have smaller developers on that corridor. Councilmember
Slack said they will check on that agreement for sure. Councilmember Kirkham stated that is close to consistent to
the Memorandum of Understanding right now. Ron said this might conflict with the City’s agreement with Ball
Ventures. Councilmember Kirkham said they have talked about the Hitt Road corridor and wondered if the City
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should be paying to develop their road. She agrees about the intersection of 17 and Hitt, but she is not sure about
the other parts. It is not a benefit to our side of the road. Councilmember Slack said it is a City benefit.
Councilmember Kirkham commented Idaho Falls wants it in writing that it is their road, but still wants our
participation. Ron said as the City goes south, we could take half the road. This is how we do it now in the County.
The County wants the City to take the road, because they don’t want the maintenance responsibilities. Ron stated
we annexed to the property boundary about 10 years ago and we regretted it. Leslie said you also need to receive
the road so the City can be contiguous, you can’t jump roads. Council saw the point. Ron said do you want County
Roads within the City. The City would never annex into Idaho Falls, but it will annex into the County.
City Council Minutes 6-16-11 Page 11 of 12
Councilmember Slack summarized when it comes to City versus City boundaries, it’s good for one City to control
the road, but when it comes to City versus County boundaries then you annex to the middle of the road to maintain
contiguous status. Ray talked about the Promontory Pointe area deeding the road property to Idaho Falls. He
remembers that they will deed the road and when ready the developer will have the money to give Idaho Falls to
build it. Scott said you want control of the road for the egress.
Councilmember Thompson reported the scouts said the American flag needs to be on the right side of
the speaker. It was discussed to move the flag.
Councilmember Kirkham talked about Norm Snyder and keeping him aware of progress. Ray said
we have an open trench to be left open, until we hear from Norm. It was discussed to talk to him, but they have not
been able to get a hold of him. Councilmember Kirkham will try to contact him. It was discussed Lyndon Hall has
not been heard from. Leslie stated the letter went out, but we have not heard anything since. Councilmember
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Kirkham inquired about a fatal accident on 21 Street. Council was unaware of what had happened.
Councilmember Coletti said he has just gotten the sheriffs’ contract. He will go over it and set it for
next meeting. Scott would like to know what is different from last year. It was discussed the numbers are different.
Councilmember Kirkham inquired how we handle major incidents. Councilmember Coletti said on the suicide and
homicide they are through with their investigations. Councilmember Kirkham wanted to add a provision back in.
She will email the old one to Councilmember Coletti. It is a provision for a major incident; they would not charge
us above and beyond costs.
Leslie said thanks to the Council for making her last session an enjoyable one and said goodbye to
everyone.
EXECUTIVE SESSION:
1. Personnel Evaluations - Idaho Code 67-2345 (1-b)
2. Real Property Acquisitions - Idaho Code 67-2345 (1-c)
3. Pending Litigation - Idaho Code 67-2345 (1-f)
Councilmember Kirkham moved to adjourn to executive session pursuant to Idaho Code 67-2345 (1-
f). Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti –
Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed.
The meeting adjourned at 9:17 p.m.
_____________________________________
Steve Fuhriman, Mayor
__________________________________
Leslie Folsom, City Clerk
City Council Minutes 6-16-11 Page 12 of 12