08042011CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY AUGUST 04, 2011
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
AMENDED
CITY COUNCIL - AGENDA
THURSDAY, AUGUST 4, 2011 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Powell
Prayer – Councilmember Slack
MINUTES:
May 25, 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:
2011-010 proposed fees. Rates and Fees associated with Residential Water Rates, Fiber Optic system access; Fees for CPR classes;
Penalties for multiple False Burglar Alarms; Fees for required Water Meters; Fee for the use of the Conference Room located at the City of Ammon SCADA Building.*
ACTION ITEMS:
1.Resolution 2011-012 – Utility Fees (water and meters)
2.Resolution 2011-013 – Fiber Rates and Fees (New)
3.Resolution 2011-014 – Fire Department (Adding CPR Training fee)
4.Conditional Use Permit – Modular Extension Request District 93 – Bridgewater Elementary*
5.Conditional Use Permit – Modular Extension Request District 93 – Rimrock Elementary*
6.Conditional Use Permit – Modular Extension Request District 93 – Woodland Hills Elementary*
7.Declaration of Soul Source Manufacturer on Purchase of Asphalt Zipper Machine Manufacturer item. (Ray)*
8.Ordinance 506 and SUMMARY– Amending Title 8, Chapter 1 (Sewer), Chapter 3 (Water Service), Chapter 4 Sanitation*
9.Change Order 1 – EIRWWA – Davis Bacon Wages (Lance)*
Change the Notice to Proceed to a Start Date of August 8, 2011
10.
11.Change Order 2 – Forsgren – Extension of Contract for manhole coating and seal coat (Lance)*
DISCUSSION ITEMS:
1.
Misc.
EXECUTIVE SESSION:
1.Personnel Evaluations - Idaho Code 67-2345 (1-b)
2.Real Property Acquisitions - Idaho Code 67-2345 (1-c)
3.Pending Litigation - Idaho Code 67-2345 (1-f)
MINUTES
City Officials Present:
Mayor Steve Fuhriman
Councilmember Dana Kirkham (Contacted by phone at 7:34 p.m. for Action Items 4-6)
Councilmember Lee Bean
Councilmember Brian Powell
Councilmember Rex Thompson
Councilmember Russell Slack
Councilmember Sean Coletti
City Attorney Scott Hall
City Clerk, Administrator, Planning Director Ron Folsom
Deputy Clerk Rachael Brown
City Treasurer Jennifer Belfield
City Engineer Lance Bates
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Public Works Director Ray Ellis
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. Councilmember Powell led the Pledge of Allegiance. Councilmember Slack led the prayer.
MINUTES:
May 25, 2011*: Councilmember Slack moved to table the minutes of May 25, 2011 because the minutes
weren’t available for the Council to review. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes,
Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Powell – Yes.
The motion passed.
ITEMS FROM MAYOR:
Mayor Fuhriman wanted to remind everyone of the Ammon Days event August 6th.
CONSENT AGENDA:
Business License*: Councilmember Bean asked Rachael about the Thomas Halverson Home
Occupation License and inquired whether it was retail sales or just wholesale. Rachael stated she wasn’t sure and asked Ron if he
knew what type of business it was. Ron said he was certain the business was internet sales. Councilmember Bean moved to approve
the Business License Consent Agenda, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell - Yes, and Councilmember Coletti – Yes.
The motion passed.
Accounts Payable – Exhibit A: Councilmember Slack asked Jennifer about the invoice owing to Winco for the
Ammon Days event. Jennifer said generally it would have been included with the accounts payable, but because the City didn’t have
verification of the amount until today, it would be okay to process the check tomorrow and include the amount with the next meeting.
Councilmember Bean asked if the City has a signed contract with Terry Purcell. Jennifer said yes. Councilmember Slack moved to
approve the Accounts Payable – Exhibit A, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember
Slack – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, and Councilmember
Coletti – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
Jennifer said she looked forward to seeing everyone in attendance at Ammon Days.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
None
PUBLIC HEARINGS:2011-010 Proposed Rates and Fees associated with Residential Water Rates, Fiber Optic system
access; Fees for CPR classes; Penalties for multiple False Burglar Alarms; Fees for required Water Meters; Fee for the use of
the Conference Room located at the City of Ammon SCADA Building.*:
Mayor Fuhriman opened the Public Hearing and
explained the procedure to the audience, for the Public Hearing. No citizens were present to be heard and no written comment was
received.
Councilmember Powell asked Ron about the water rate increase. Ron said there would be a $9.50 increase this year.
Councilmember Powell asked if this was to offset the bond payment and not the maintenance and operations. Ron said yes.
Councilmember Powell said the $20 increase last year was to offset the bond payment based on the number of connections the City
has. Lance said based on last year’s numbers he hopes so. Councilmember Powell said he doesn’t want to do an increase again.
Councilmember Thompson asked, as growth occurs will the bond be paid off quicker. Councilmember Powell said it should because
the City still collects the $20 for every connection and that will go straight to the bond payment. Councilmember Bean asked Ron to
make sure Jennifer has a separate income account for the bond repayment. Councilmember Thompson inquired about paying the bond
monthly. Councilmember Bean said the bond is paid every six months, but staff should look into paying it monthly or quarterly. Ron
explained the changes and rates contained within the resolution to Council.
Mayor Fuhriman closed the Public Hearing.
ACTION ITEMS:
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1. Resolution 2011-012 – Utility Fees (water and meters):
Councilmember Bean moved to approve Resolution 2011-
012-Utility Fees, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack
– Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed.
2. Resolution 2011-013 – Fiber Rates and Fees (New):
Councilmember Bean moved to approve Resolution 2011-013-Fiber
Rates and Fees, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack –
Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed.
3. Resolution 2011-014 – Fire Department (Adding CPR Training fee):
Councilmember Bean moved to approve Resolution
2011-014- Fire Department CPR Training fee. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes. The
motion passed.
4. Conditional Use Permit – Modular Extension Request District 93 – Bridgewater Elementary*:
Councilmember
Kirkham was contacted by phone at 7:34 p.m. to be available for the Conditional Use Permit discussion. Ron explained the
Conditional Use Permit and informed Council that Bridgewater Elementary was the only Conditional Use Permit (CUP) with any
public comment.
Tom Hunsaker, 2135 S. Ammon Road, updated the Council about the concerns detailed in the Planning & Zoning minutes of
August 3, 2011.
Todd Hicks 3497 North Ammon Road said the modular has window blinds. Councilmember Coletti asked if it was a two
year extension. Councilmember Bean asked Todd if he would have any objections to the Council putting a two year consecutive use,
or that it would need to be moved. Todd said yes he would object to that because of the cost of moving it and the financial burden to
the tax payer. Todd quoted the demographic study. Councilmember Kirkham asked if this was a new modular. Todd said the
modular that is currently there is a 2006 model. Ron informed Councilmember Kirkham that all three CUP’s are renewals.
Councilmember Kirkham asked about the painting of the modulars. Ron reiterated what Tom had said about the painting of the
modulars and the need to find volunteers to do the painting.
Councilmember Kirkham said she preferred they not be moved unless they have to, because they tend to look dilapidated.
Todd said Rimrock is being used for in school suspension and the elementary robotics class. Councilmember Kirkham said she has
children that attend Rimrock, and the modular wasn’t used last year for anything. Todd spoke again about fees involved in moving the
modulars.
Councilmember Bean moved to accept the Conditional Use Permit for Modular Extension Request District 93 – Bridgewater
Elementary for a period of two years to include any existing restrictions. Councilmember Powell seconded. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes,
Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed.
5. Conditional Use Permit – Modular Extension Request District 93 – Rimrock Elementary*:
Councilmember Bean
moved to accept the Conditional Use Permit for Modular Extension Request District 93 – Rimrock Elementary for a period of two
years to include any existing restrictions. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and
Councilmember Kirkham – Yes. The motion passed.
6. Conditional Use Permit – Modular Extension Request District 93 – Woodland Hills Elementary*:
Councilmember
Bean moved to accept the Conditional Use Permit for Modular Extension Request District 93 – Woodland Hills Elementary for a
period of two years with to include any existing restrictions. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean
– Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes,
and Councilmember Kirkham – Yes. The motion passed.
7. Declaration of Soul Source Manufacturer on Purchase of Asphalt Zipper Machine Manufacturer item. (Ray)*:
Ray Ellis, Public Works Supervisor, informed the Council that the Asphalt Zipper is sold directly from the manufacturer and
there is not another manufacturer that makes anything similar to it. Scott said Ray has made the representation to Council that this is a
sole source manufacturer and the Council will need to make a finding. Councilmember Powell asked Ray about the Zipper cost, and
when would they make delivery. Ray said he requested authorization for purchase and a delivery date of September 1st with the
intensionof doing Molen Street this year. Ron informed the Council that the City can’t award a contract for two weeks, because when
the manufacturer is declared as a Sole Source, it needs to be published.
Councilmember Coletti made the finding that the Asphalt Zipper Company is the Sole Source Manufacturer and moved to
accept the Declaration of Soul Source Manufacturer for the Purchase of the Asphalt Zipper Machine Manufacturer item.
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Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes,
Councilmember Slack – Yes, Councilmember Bean – Yes, Councilmember Powell– Yes. The motion passed.
8. Ordinance 506 and SUMMARY– Amending Title 8, Chapter 1 (Sewer), Chapter 3 (Water Service), Chapter 4
Sanitation*: Ordinance 506 and Summary:
Ron explained the language changes contained in ordinance 506 and Summary.
Councilmember Powell read Ordinance 506 and Summary. AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLE 8, PUBLIC UTILITIES AND PROPERTY,
CHAPTER 1, SEWER, SECTION 87, DELINQUENT ACCOUNTS; CHAPTER 3, WATER SERVICE, SECTION 34,
DELINQUENT ACCOUNTS; CHAPTER 4, SANITATION, SECTION 19, DELINQUENT ACCOUNTS; PROVIDING
SEVERABILITY; PROVIDING REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING EFFECTIVE DATES.
Councilmember Powel 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 Slack seconded. Roll Call Vote: Councilmember Powell – Yes,
Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Coletti – Yes. The
motion passed.
Councilmember Powell read Ordinance 506 and Summary. AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLE 8, PUBLIC UTILITIES AND PROPERTY,
CHAPTER 1, SEWER, SECTION 87, DELINQUENT ACCOUNTS; CHAPTER 3, WATER SERVICE, SECTION 34,
DELINQUENT ACCOUNTS; CHAPTER 4, SANITATION, SECTION 19, DELINQUENT ACCOUNTS; PROVIDING
SEVERABILITY; PROVIDING REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING EFFECTIVE DATES.
Councilmember Powell moved the adoption of Ordinance 506 and Summary as an ordinance of the City of Ammon on its third and
final reading. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes,
Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Coletti – Yes. The motion passed.
9. Change Order 1 – EIRWWA – Davis Bacon Wages (Lance)*:
Ron informed the Council that the change order is for
Segment C. Ron said the Council has already approved a notice to proceed for Segment C, but this change order is for a change of
due date. Lance said it has been discussed previously that to comply with the State Revolving Funds (SRF) requirements, Davis –
Bacon wages need to be incorporated into Segment C. This section finishes the sewer line from York and Hitt Road to Sunnyside
Road and Eagle Drive.
Councilmember Slack moved to approve Change Order 1 – EIRWWA – Davis Bacon Wages in the amount of $59,480.96.
Councilmember Bean seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Bean – Yes, Councilmember Coletti
– Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed.
Councilmember Bean moved to amend the agenda to add an item to consider approval of a change to the Notice to Proceed
th
to extend the date to August 8 based on the emergency need to proceed next week. Councilmember Powell seconded. Roll Call
Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and
Councilmember Coletti – Yes. The motion passed.
10. Change the Notice to Proceed for a Start Date of August 8, 2011: Councilmember Bean asked Husk if the City
has a proceed date of next Monday, is the completion date the same. Husk said no, because they had extended the start date one
week. Councilmember Bean asked about working through the winter. Lance said the project is set for substantial completion in 90
days and final completion in 120 days. Councilmember Bean said conceivably the City could be operational by the end of the year.
Husk said yes. Councilmember Bean asked Scott if the Council would need to inform the City of Idaho Falls. Scott said informing the
City of Idaho Falls is not necessary, but it would be appropriate to let them know the Sewer Flow Contract is going to change.
Discussion ensued regarding the sewer flow contract. Councilmember Bean moved to approve the change to the notice to proceed for
a start date of August 8, 2011. Councilmember Coletti seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember
Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed.
11. Change Order 2 – Forsgren – Extension of Contract for manhole coating and seal coat (Lance)*:
Lance
explained to the Council the Change Order is for Segment B of the interceptor line. The Change Order is for an increase in the
amount of days, not an increase in cost. Lance said there have been some substantial problems with the contract, specifically the
manhole coating process. Lance said HK has coated most of the line, and there are approximately 15 manholes left to coat.
Councilmember Slack asked if this is an issue, the City is going to have with Segment C. Lance said possibly. Discussion ensued
regarding the manhole processes. Councilmember Bean asked Lance what the substantial completion date was. Lance said
November. Councilmember Powell asked Lance if he had started on the junction point at Hitt Road and Sunnyside. Lance said no.
Councilmember Bean moved to approve Change Order 2 – Forsgren – Extension of Contract for manhole coating and seal
coat. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember
Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed.
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DISCUSSION ITEMS:
1. Misc.:
Lance updated the Council about HK Contractors and said they have essentially made it through the school
property. He said HK had been getting ready to set the manhole at the point where it entered back out into Owen and found a water
main the City was not aware of.
Councilmember Bean updated the Council about the Eastern Idaho Regional Waste Water Association meeting and said they
were getting closer to the need for a manager.
Councilmember Coletti reminded the Council and staff about the articles for the newsletter. He would like the Mayor to
write a follow up story about Ammon Days. He would like the articles to be completed next week.
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 into executive session pursuant to Idaho Code 67-2345 (1-f). Councilmember
Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes,
Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed.
The meeting adjourned at 8:22 p.m.
__________________________________________
Steven Fuhriman, Mayor
____________________________________________
Ron Folsom, City Clerk
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