06072012CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JUNE 7, 2012
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, JUNE 7, 2012 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Kirkham
Prayer – Councilmember Christensen
MINUTES:
None
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.
Conditional Use Request – District 93 – Hillcrest High School – 2 New Modulars and Extension of Existing Modulars.
2.
Conditional Use Request – District 93 – Ammon Elementary – Extension of Existing Modular.
3.
Conditional Use Request – District 93 – Tie Breaker Elementary – Extension of Existing Modular.
4.
Ordinance 518 and Summary – Title 4, Chapter 6, Door to Door Sales, Chapter 9, IT Merchants, Mobile Food
5.
Authorize Payment of Recurring/Incidental Bills from June 14 – July 6, 2012 (Ron)
DISCUSSION ITEMS:
1.
Fire Department Pumper Tender Vehicle (Stacy)
2.
Summer City Council Schedule and Changes (Ron)
3.
Misc.
EXECUTIVE SESSION:
1.
Personnel Evaluations - Idaho Code 67-2345 (1-b)
2.
Real Property Acquisitions - Idaho Code 67-2345 (1-c)
3.
Pending Litigation - Idaho Code 67-2345 (1-f)
MINUTES
City Officials Present:
Mayor Steve Fuhriman
Councilmember Dana Kirkham
Councilmember Brian Powell
Councilmember Sean Coletti
Councilmember Russell Slack
Councilmember Brad Christensen
City Attorney Scott Hall
City Clerk/Administrator/Planning Director Ron Folsom
Deputy Clerk Rachael Brown
City Treasurer Jennifer Belfield
City Engineer Lance Bates
Fire Chief Stacy Hyde
Public Works Director Ray Ellis
City Officials Absent:
Councilmember Rex Thompson
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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 Kirkham led the Pledge of Allegiance. Councilmember Christensen offered the prayer.
MINUTES:
None
ITEMS FROM MAYOR:
The Mayor said that Mayor Jared Fuhriman is unable to attend the meeting scheduled for Monday,
June 11th and will need to reschedule. Councilmember Kirkham said the meeting was for her and Councilmember Slack to go over
the MOU (Memorandum of Understanding).
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday, June 7, 2012
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1. RENEWAL BUSINESS LICENSE APPLICATION:
A. Promontory Point Rehabilitation LLC. – Skilled Nursing Facility – 3909 S. 25th E.
B. Nature’s Path – Retail Sales – 1615 Curlew Dr.
HOME OCCUPATION PERMITS:
1. NEW HOME OCCUPATION PERMITS:
A. Blue Ribbon Carpet Cleaning, LLC. – Carpet Cleaning – 147 Robison
B. B & E Diversified Inc. – Swimming Lessons – 5892 Pheasant Dr.
RENEWAL HOME OCCUPATION PERMITS:
A. Halverson, Thomas J. – E-Commerce – 630 Match Point Dr.
ITINERANT BUSINESS LICENSE:
1. NEW ITINERANT BUSINESS LICENSE:
A. Super Savers Discount Food, LLC. – Food Sales – 669 Pioneer Rd Ste#100 Rexburg, ID
B. Gary Peterson – Yard/Television/Internet Services – 545 Lincoln Dr. Idaho Falls, ID
C. Teton Motors Inc. dba. Teton Toyota – Auto Sales – 2252 Sunnyside Rd, Idaho Falls, Id
CHILDCARE/CHILDCARE WORKER LICENSES:
1. RENEWAL CHILDCARE/CHILDCARE WORKER LICENSES:
A. Shoff, Nona – Childcare Employee/Nana‘s Day Care – 2660 E. 1st St.
B. Buck, Heather – Childcare – 4187 Frontier Dr.
C. Ted E. Bear Daycare – Childcare – 5031 Tildy Ln
FIREWORKS PERMIT:
1. RENEWAL FIREWORKS PERMIT:
A.B.J. Alan Company Fireworks – Retail Sales – Wal-Mart Parking Lot
B. Outlet Fireworks LLC. – Retail Sales – 3487 E. Sunnyside Rd.
Business License:
Councilmember Coletti moved to approve the Business License Consent Agenda, as presented.
Councilmember Christensen seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Christensen – Yes,
Councilmember Slack – Yes, Councilmember Kirkham – Yes, and Councilmember Powell – Abstain (B&E Diversified is his
business). The motion passed.
Accounts Payable – Exhibit A:
Councilmember Slack asked about an invoice for fire hydrant repairs. Ray said
it was noticed during inspection that some of the valves were inoperable. Councilmember Coletti thanked Ray and his department for
the road patching that has been done. Councilmember Powell thanked Ray for repairing the roads and fixing the railroad tracks.
Councilmember Christensen asked about the US Ignite dates and travel expenses. Ron mentioned Bruce will be flying out on the
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12th to Washington D.C. Councilmember Kirkham moved to approve Accounts Payable – Exhibit A, as presented. Councilmember
Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes,
Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
Councilmember Kirkham asked Jennifer if Sandy had contacted her about the III-A.
Jennifer said Sandy e-mailed her and Jennifer gave her the contact information for the III-A. Councilmember Kirkham said they were
wondering about the Regional Wastewater Facility. Jennifer said they are a qualifying entity. Councilmember Kirkham said she
would like to visit with Jennifer before she meets with them.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
None
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Conditional Use Request – District 93 – Hillcrest High School – 2 New Modulars and Extension of Existing Modulars:
Roger Hill, 3497 N Ammon Road, Bonneville School District explained that the School District is requesting to move one
modular from Ammon Elementary and one modular from Tiebreaker Elementary to Hillcrest High School. Roger said the two
modulars are already at Hillcrest are under a three year CUP (Conditional Use Permit) that doesn’t end until next year. Roger said they
are asking for a five year term on the two new modulars, and an extension for the existing modulars to also permit them for five more
years. Roger believes that within five years the district should be able to have a high school built and won’t have to come ask for
another extension. Roger said they are leaving one modular at Ammon Elementary and one at Tiebreaker Elementary. Roger is asking
for renewal of their CUP’s this year and is requesting a five year extension. Councilmember Kirkham asked where the modulars will
be located on the grounds at Hillcrest High School. Roger said one will be to the north and one will be to the west of the two existing
modulars. Councilmember Kirkham asked how certain he is that they will have a new high school within five years. Roger said the
board is really adamant that they didn’t go out for a bond yet for a high school, because when they added the bond this spring for the
elementary, it used all the bond capacity they had without raising the tax levy rate. Roger said he would assume in the next six
months they are going to make a decision as to when they will be bonding for a new high school. Councilmember Kirkham asked if
the plan is still to put the high school over by Tiebreaker and Wal-Mart. Roger said no, the property they purchased is on the north
side of 1st street, east of Crowley Road. Councilmember Kirkham asked if he felt like the two modulars are going to help alleviate the
number of students in the classroom. Roger said he is not aware of what their impact will be, but with the P.T. (Professional
Technical) High School they are proposing to start up this Fall in a vocational building behind the Rocky Mountain Middle School,
they already have 80 seniors there full time, and a number of juniors that will be there part time. Roger said as that program grows it
will alleviate some crowding. Councilmember Kirkham said if they want the bond to pass, all they need to say is without it there will
be split sessions. Councilmember Kirkham said this is a young community with a lot of children, and people don’t want their kids
shoved in a classroom. Councilmember Kirkham asked about the capacity at Bonneville High School right now. Roger said they are
above capacity. Discussion ensued about the capacities at the high schools.
Tom Hunsaker, 2135 South Ammon Road, Planning and Zoning Commission said if you look at the ordinance, we don’t
cover what we are talking about tonight so we have to sort of make it up as we go along, because our temporary building language is
aimed at temporary construction and sales offices that will be here and gone in a year or less. Tom said when someone comes in here
for a public hearing, the tax payers shouldn’t have to pay for the public hearing, so the builder pays for it, but when the school district
comes in, the taxpayers pay for it. Tom feels this may need a change in the Title 10 Ordinance itself to address this properly. Tom said
this is a public school, and said modulars come and go, and other than making sure they meet all the code requirements, why do we
care how long they are here. Tom said he would be all for allowing them to put in as many as they want, for as long as they want, as
long as they meet all our building code and other requirements, and not have to hold public hearings for them.
Ron said he feels it’s important to know that Bonneville County and Idaho Falls don’t require additional CUP’s or public
hearings for modulars. Councilmember Kirkham said she thinks this has come from tradition, and our not wanting the modulars there,
and out of necessity they began to appear and it has evolved from there. Ron said if the district wanted to do this exact same thing and
use them for storage, they could put those four buildings there and not have to do anything. Councilmember Kirkham said by our
Ordinance it does not even require a CUP for a modular. Ron said we always have because we require a CUP for a school. Discussion
ensued regarding the ordinance requirements for modulars. Scott Hall said you grant a CUP to the school based on the footprint of the
school building and when you go beyond that footprint, you have to grant an additional CUP, for the extension of that footprint.
Councilmember Kirkham said her suggestion is for the Council to grant this CUP and have the Planning and Zoning Commission look
into Title 10 and make the adjustment, but at this time the Council is following the law as it stands today.
Councilmember Slack moved to approve Conditional Use Request – District 93 – Hillcrest High School – 2 New Modulars
and Extension of Existing Modulars for two years. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes,
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Councilmember Kirkham – Yes, Councilmember Christensen – Yes, Councilmember Powell – Yes, and Councilmember Coletti –
Yes. The motion passed.
2. Conditional Use Request – District 93 – Ammon Elementary – Extension of Existing Modular:
Councilmember
Kirkham moved to approve Conditional Use Request – District 93 – Ammon Elementary – Extension of Existing Modular for two
years. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes,
Councilmember Christensen – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed.
3. Conditional Use Request – District 93 – Tie Breaker Elementary – Extension of Existing Modular:
Councilmember
Kirkham moved to approve Conditional Use Request – District 93 – Tie Breaker Elementary – Extension of Existing Modular two
years. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes,
Councilmember Christensen – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed.
4. Ordinance 518 and Summary – Title 4, Chapter 6, Door to Door Sales, Chapter 9, IT Merchants, Mobile Food:
Ron said he would like to start with Chapter 9 and explained the Itinerant Merchants chapter will continue to address door to
door sales, but it will not license door to door sales. Ron said from 4-9-6, he took out the entire section where door to door sales was
addressed in the itinerant merchant section. Ron explained the changes in title 4, Chapter 6, Door to Door Sales and said there would
be a full background check for door to door salesmen.
Councilmember Powell read Ordinance 518 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING, TITLE 4, BUSINESS REGULATIONS, ADDING A NEW CHAPTER 6, DOOR TO DOOR
SALES, AMENDING CHAPTER 9, ITINERANT MERCHANTS, MOBILE FOOD, DOOR TO DOOR, RELATING TO DOOR TO
DOOR SALES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN
EFFECTIVE DATE. I move 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 Christensen – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes.
The motion passed.
Councilmember Powell read Ordinance 518 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE
STATE OF IDAHO, AMENDING, TITLE 4, BUSINESS REGULATIONS, ADDING A NEW CHAPTER 6, DOOR TO DOOR
SALES, AMENDING CHAPTER 9, ITINERANT MERCHANTS, MOBILE FOOD, DOOR TO DOOR, RELATING TO DOOR TO
DOOR SALES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN
EFFECTIVE DATE. I move the adoption of Ordinance #518 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 Christensen – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed.
5. Authorize Payment of Recurring/Incidental Bills from June 14 – July 6, 2012 (Ron):
Ron explained that this item
was placed on the agenda, because the meeting next week will be the last meeting until July 12th. Ron said he is asking the Council’s
approval to ensure the City’s bills are paid on time. Councilmember Slack moved to Authorize Payment of Recurring/Incidental Bills
from June 14 – July 6, 2012. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell
– Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, and Councilmember Christensen – Yes. The motion passed.
DISCUSSION ITEMS:
1. Fire Department Pumper Tender Vehicle (Stacy):
Fire Chief Stacy Hyde, 2137 South Ammon Road explained
the Fire Department has an opportunity to purchase a pumper tender vehicle from the Idaho Department of Lands. Stacy said in the
past, the Fire Department has obtained equipment from the Idaho Department of Lands through the FEEP (Federal Excess Equipment
Program). Stacy said the Fire Department takes a vehicle on loan, maintains it as long as they want to use it and when they are
finished with it they can give it back. Councilmember Powell asked Stacy if the Fire Department already has a tender truck. Stacy said
yes, but he wants to give it back to the Bonneville Fire District. Stacy displayed photos for the Council. Councilmember Kirkham
asked if the Fire Department purchases the tender truck, will he have to put any money into it. Stacy said yes, the cost is $2974.80 up
front which equates to $2500 in transportation, $399.80 in batteries, and $75 for the battery installation call. Stacy said this vehicle is
at the Idaho Department of Lands and they are only charging the City the cost of what it is costing to get the vehicle here. Discussion
ensued regarding the specifications of the pumper tender vehicle, and other necessary repairs needed. Councilmember Kirkham asked
Stacy if he has the money in his budget. Stacy said yes. The Council said the purchase sounds like a good idea and to go ahead and
purchase the pumper tender vehicle.
Stacy said the Fire Department Association is going to have a car wash Saturday at 10:00 am at the Fire Station to support the
Relay for Life which raises money for cancer research. Stacy said all the proceeds will go to The Relay for Life.
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Stacy got a request from a customer to fill their 12,000 gallon pool at 3857 Benchmark Circle. Councilmember Slack said he
feels it is an abuse of City equipment. After discussion, Councilmember Slack said it would be ok provided we charged the City’s
standard fee, and suggested using the truck usage fee of $65.00 per hour, plus the labor charge of $25.00 per hour.
2. Summer City Council Schedule and Changes (Ron):
Ron clarified the Council’s summer meeting schedule
changes. Scott said he will be missing two of the changed meetings due to prior personal scheduling.
3. Misc.:
Ron said he has an item for the Council to review regarding the Mayors Advisory Committee. Ron said it
covers the rules and regulations for having an Advisory Committee. Discussion ensued regarding the subjects that may be reviewed by
the committee.
Scott said he wanted to remind the Council about the Magistrate Commission, which is the board appointed by the Governor
to determine who the magistrate judges are going to be. Scott said there are three terms coming due at the end of this month. Jared
Fuhriman’s term in Idaho Falls, Leo Marshall’s term in Salmon, and Richard Woodland’s term in Rexburg, Scott said Idaho Falls has
another member, Ray Hart, and Rexburg has another member, Marsha Beulin. Scott said he felt it would be really nice to get the
governor to appoint someone from Ammon. Councilmember Coletti said a few months ago, the Mayor wrote a letter to the Governor
about that, and he feels it might be time to write a follow up letter. Scott said those terms end at the end of June. Scott would like the
Council to call or write the Governor. Councilmember Christensen said he will call Chief of Staff David Hensley.
Councilmember Christensen said he had played disc golf at the new Woodland Hills Disc Golf Course and said it was great.
Councilmember Christensen said he also visited Marv the barber, a former City Council member, and enjoyed his visit.
Councilmember Slack said he talked to Lee Bean about being on the Mayor’s Advisory Committee and feels it would be a
great idea to have past Councilmembers. Councilmember Kirkham said she has asked a couple of people to be on the committee.
Councilmember Kirkham said the infield grass at Peterson Park and McCowin Park is so long that when the kids hit the ball
it just stops in the tall grass. Councilmember Kirkham said she sees that the City is paying the Region for IBSD (Iona Bonneville
Sewer District) customers on Ammon sewer lines, and asked if staff is billing IBSD.
Councilmember Kirkham asked Ray if the City is spreading the wealth on repairing our vehicles to more than just Empey’s.
Ray said there are issues with other vendors not following his procedures, and he is preparing a draft of what he expects for services.
Councilmember Kirkham said she and Ray will meet at the Region on the 28th, and will need to have the service agreement ready for
signing. Ray said they need to adopt the rate schedule. Ron said it can’t be adopted until the middle of July. Ron will schedule a public
hearing for the rates in July.
Councilmember Kirkham said she received information regarding meters. Councilmember Kirkham said last year there were
800 meters put in the ground for a total price of $320,000. Councilmember Kirkham said during the summer months, water usage is at
its peak and the City needs water rights, and Ray made the point that if the City continues to put 800 meters in the ground for the next
four years that the City as a whole would be metered and could begin reading meters and go to a metered rate. Councilmember
Kirkham fees the Council should take that into serious consideration. Councilmember Kirkham explained that the DEQ will give the
City a grant based on economic need. Councilmember Coletti asked if staff can start giving people information about their readings.
Councilmember Kirkham wants the statement to show the customer what their rate would be if they were charged by what the meter
shows. Rachael said she would contact Caselle to determine if the utility program is capable of showing the usage billing without
actually billing it. Discussion ensued regarding installing meters in the original town site, the need for additional water rights, and a
water usage rate. Councilmember Kirkham would like to see this item on the next Work Session Agenda.
Councilmember Powell said he wanted to verify whether the Council wants to go with the one percent increase or the three
percent that was proposed for the police dispatch budget.
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 moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1- f, b, & c).
Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember
Christensen – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed.
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The meeting adjourned at 8:30 p.m.
___________________________________________
Steven Fuhriman, Mayor
___________________________________________
Ron Folsom, City Clerk
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