01212010CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, JANUARY 21, 2010
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, JANUARY 21, 2010 – 7:30 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:30 p.m.
Pledge of Allegiance – Councilmember Coletti
Prayer – Councilmember Thompson
MINUTES:
ITEMS FROM MAYOR:
CONSENT AGENDA:
Business License*
Accounts Payable – Exhibit A
ITEMS FOR/FROM TREASURER:
ITEMS FOR/FROM COUNCIL PRESIDENT:
Ammon Division - Bonneville County Sheriff Office – Introduction of Officers (Kirkham)
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
PUBLIC HEARINGS:
None
ACTION ITEMS:
1.Tomi Smith Utility Dispute (Leslie/Jenn/Tomi)*
2.AARP Grant Approval (Ron)*
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3.Rezone Request – 2565 E. 17 St. – C1 to HC1*
4.Resolution 2010-001 – Electrical Fees*
5.Authorize Mayor and Lance to sign payment documents on EIRWWA and Water Bonds (Leslie)
6.Employee HRA (Jennifer)
DISCUSSION ITEMS:
1.Hookup Fees for EIRWWA (Leslie/Ted)
2.Firefighters Association (Stacy)*
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 Lee Bean
Councilmember Brian Powell
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
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Council Minutes 1-21-10 Page 1 of
City Officials Absent:
Councilmember Dana Kirkham
Councilmember Rex Thompson
CALL TO ORDER:
Mayor Steve Fuhriman opened the meeting at 7:30 p.m. at the City Hall building
located at 2135 South Ammon Road. Councilmember Coletti led the Pledge of Allegiance. Councilmember Slack
led the prayer.
MINUTES:
None
ITEMS FROM THE MAYOR:
Due to Mayor Steve Fuhriman’s inexperience regarding deadlines for
placing items on the agenda, he needs to have the agenda amended to add an item for a renewable energy grant that
is due tomorrow. He would like permission from the Council to sign and submit the grant application.
Councilmember Bean motioned to open the agenda and add the grant application. Councilmember Powell
seconded the motion. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember
Slack – Yes, and Councilmember Coletti – Yes. The motion passed.
Councilmember Bean asked for more information. Mayor Steve Fuhriman stated that the building
department has been working on it and the money would be used for a wind mill, solar panels, and related power
equipment, with the objective of augmenting the total electrical power used in the City Hall building and the fire
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station. Councilmember Bean asked to move this to the action items as a new 7 item.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
Thursday January 21, 2010
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1. NEW GENERAL BUSINESS LICENSE APPLICATION:
A. Eagle Canyon Wellness and Sensory Development Center – Chiropractic & Holistic Medicine – 1516 Midway Ave.
B. Weight Watchers of Salt Lake City, Inc. – Weight Loss Services – 3043 S. 25th E.
2. RENEWAL BUSINESS LICENSE APPLICATION:
A. Carpet Mart – Retail Sales – 1572 S. 25th E.
B. State Farm / Bobby Romander – Insurance – 2677 E. 17th Street, Suite #400
C. Pita Pit – Restaurant – 2035 S. 25th E.
D. Retreat Day Spa & Salon, LLC – Day Spa – 1489 Curlew Drive
E. McDonald’s of Ammon – Restaurant – 1875 S. 25th E.
F. Ferguson, Afton – Daycare Employee/Snake River Montessori – 2970 E. 1st Street
G. Reynolds, Amanda - Daycare Employee/Snake River Montessori – 2970 E. 1st Street
H. Red Ford, Robbi - Daycare Employee/Snake River Montessori – 2970 E. 1st Street
I. Ace Hardware – Retail Sales – 3415 E. 17th Street
J. Floyd Insurance Group – Insurance – 3380 E. 17th Street
K. Acme Discount Fireworks/JK Marketing – Retail Sale of Safe & Sane Fireworks – 2909 S. 25th
L. Excelsior Stucco – Construction – 4406 E. 17th Street
M. Dance for Kids / Petite Ballet – Dance Instruction – 4414 E. 17th Street
N. Galleria Dei Capelli – Salon – 2594 E. 17th Street
O. Eagle’s Landing Apartments, LLC – Apartment Complex – 2785 Eagle Drive
HOME OCCUPATION PERMITS:
1. RENEWAL HOME OCCUPATION PERMITS:
A. Modern Image – Salon – 3954 Milestone Circle
B. Kate’s Secret/Larsen Katie – E-Commerce – 4280 Wanda Street
C. American Yellowstone Claims Service – Collection Service – 3897 Taylorview Lane
D. Treasure Denture & Ortho Lab – Dental Lab – 725 Tie Breaker Drive
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
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1. NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
A. Steed, Ohlaina - Bartender/Johnny Carino’s – 2833 S. 25th E.
B. Wilson, Brandee – Bartender/Cellar – 3520 E. 17th Street
2. RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
A. Robison, Ivan Wesley – Bartender/Johnny Carino’s – 2833 S. 25th E.
B. Hobley, Erica D. - Bartender/Johnny Carino’s – 2833 S. 25th E.
MISC: MASSAGE ESTABLISHMENT
1. RENEWAL MASSAGE LICENSE
A. Smith, Desiree – Massage Therapist/Massage Envy – 3047 S. 25th E.
Business License: Councilmember Bean motioned to approve the Business License Consent Agenda,
as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember
Powell – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed.
Accounts Payable: Councilmember Bean asked Lance about the snow removal equipment. Lance
stated it is equipment owned by the City, which consists of a couple of box blades and a pusher plow, and each year
is attached to rental equipment.
Councilmember Powell asked about the audit bill and the split between the general funds, versus the
building department. Jennifer explained what the audit covers under each category, resulting in the audit fee for the
building department coming in at $2,000 and the audit fee for the general funds coming in at $28,000.
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Councilmember Bean asked Lance about the Skyview Electric charge for directional signs on the 17 and
Curlew traffic light. Lance stated they would only tell him “that’s what it costs”, which Councilmember Bean said
was not a satisfactory answer. Councilmember Bean directed Lance to have Skyview Electric call him.
Councilmember Bean asked about Forsgren and Associates. Jennifer explained the Army Corps of
Engineers picks up 75% of this cost, via a grant. The cost is for fixed assets. Because the Corps awarded one grant
that now is exhausted to Shelley for the sewer plant and another grant that is still in progress to Ammon for the
interceptor line, Ammon pays the City of Shelley for the costs under question, and Shelley pays Forsgren. The
Summit Construction bill is the retention for the tank one booster station.
Councilmember Powell asked if the lighting district bill is monthly or quarterly. Jennifer stated it is
quarterly, and covers October through December 2009. Bonneville County should be sending the City the taxes
collected for the lighting district at the end of January. Ron stated the City met the deadline to levy these taxes this
year, by two days.
Councilmember Powell had recommended that when Idaho Falls reads the meter that measures the
amount of sewage coming from the City of Ammon, that a member of Ammon Public Works be present. Lance
explained Idaho Falls uses an electronic system that transmits various kinds of measurements taken at the meter.
Idaho Falls gives Ammon a chart showing a month’s worth of the maximum flow rate each day, the maximum
temperature each day, and so on. The meter is calibrated every so often. The last calibration date definitely known
by the City of Ammon was two years ago. Lance provided an update on the new well tank and booster station. The
roof is poured, most of the equipment is out of the tank itself, and he believes they have started work on the interior
piping. They haven’t been to work on the booster station, because winter weather conditions prevent proper
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compaction. The target is to prepare the soil the 1 of March or 15 of March, so they can then lay the foundation.
Regarding another payment made to the City of Shelley, Lance explained that Shelley has a contract with RFCI, but
Ammon does not, and thus Ammon cannot directly pay RFCI, so Shelley is acting as our intermediary.
Councilmember Bean motioned to accept accounts payable, as presented, with the exception of the
Skyview Electric Invoice. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes,
Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Powell – Yes. The motion passed.
ITEMS FOR/FROM TREASURER:
Jennifer needs the Mayor and each Councilmember to verify the
information for their business card, and the quantity each of them will need. Updated financials have been posted to
the SharePoint web site.
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ITEMS FOR/FROM COUNCIL PRESIDENT:Ammon Division - Bonneville County Sheriff Office –
Introduction of Officers:
Prior to the meeting, Council President Kirkham asked Councilmember Bean to handle
this item. Councilmember Bean explained these gentlemen have done an extremely fine job putting together the
Bonneville County Sheriff’s Department Ammon Division. Councilmember Bean had Captain Sam Hulse introduce
his team. Captain Hulse briefly talked about the evolution of the relationship between the City and the Sheriff’s
Department that led to today’s fulltime assignment of one sergeant and four full time deputies to the new Ammon
Division. He then turned his time over to Sergeant Kevin Casper. Sergeant Casper stated that two more fulltime
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deputies were slated to be added to the Ammon Division by May 1. He talked about new equipment they had
brought into their Ammon office, then introduced and gave some background on Deputy Nathan Downey, Deputy
Doug “Spud” Cook, and Deputy Shavoy “Chevy” Chandler. Deputy Josh Fielding could not make it to the meeting,
because he was busy arresting a drug dealer. The Sheriff’s Department went through a special process to select the
officers in the new Ammon Division.
Mayor Steve Fuhriman welcomed the boy scouts and their leaders who were in attendance.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Tomi Smith Utility Dispute (Leslie/Jenn/Tomi)*:
Councilmember Coletti announced he had a
conflict of interest, so he would not be able to vote on this decision.
Tomi Smith, 4185 Bridgewood Circle addressed the Council. Scott asked if this was the issue that came up
on a utility where we had received a letter from an attorney. Jennifer answered yes, and then explained when the
Smiths moved from location A in Ammon to location B in Ammon, Tomi came in to have the utilities at location A
removed from their name and at location B added to their name. Location A was a purchase, and the City does not
allow utilities to be in nobody’s name; every property has an owner. Tomi stated location A is 3959 Taylorview
Lane, where the Smiths had lived for 9 years, and were current on all their utilities. Her husband, due to a failing
business, filed bankruptcy in his name only and the house went into foreclosure. The utilities were solely under her
name. They are currently living in a rental house. Tomi explained that she came into the City in early September to
put the utilities, at the new address, into her name and at the old address taken out of her name. She was informed
there had to be a name on the utilities. The City advised her to bring in foreclosure papers, because they would
contain the name of the new party responsible for the utilities. Tomi didn’t have any foreclosure papers to show and
in the confusion of the time did not understand or remember that the City still needed to see them. When they
became due, she paid the utilities on the October statement, which covered services provided through the end of
September, though at the time she thought she was paying in advance for the month of October. The Smiths vacated
the property during the month of September. For October, November and December she continued to receive
statements for the utilities. In talking with their attorney, the Smiths were advised to not pay, until the legal issues
were sorted out. Their attorney sent a letter to Mr. Hall wondering if the utility payments fell under the bankruptcy,
but the bankruptcy was under his name and utilities under her name, so it was not possible. They were told to pay or
the utilities would be turned off, which is basically what the Smiths had asked for in the first place. She called Mr.
Coletti and asked him to look into it. Mr. Coletti talked with Ms. Folsom. He reported back that there is a $100 fee
to shut off the utilities, but Ms. Folsom had reduced it to $50; however this was the first time Tomi remembers
hearing about a shutoff fee. If Tomi had (consciously) realized back in September that there was a shutoff option,
she would have taken it and avoided the greater costs that have accrued since then. She came in and talked with Ms.
Folsom and Ms Belfield to settle the account, but felt because she didn’t realize or know about the less expensive
$100 shutoff fee option, that she should be responsible to also pay for three months of utilities that were never used.
She asked if there could be some sort of a settlement or agreement. She was advised to pay the total amount for
October through December of approximately $183, plus the reduced $50 shutoff fee, and then come to Council for
review. Tomi proposed to the Council that she pay the full $100 shutoff fee and be refunded the three months of
utility charges. Leslie stated she had reviewed the files, where “the first” April documented that she had informed
Tomi that she had two options, of either bringing in the foreclosure papers or paying the $100 disconnect/reconnect
fee. Leslie also spoke directly with April, who remembers Tomi stating in September that she didn’t want to pay the
$100 disconnect fee, because the option of bringing the foreclosure papers would end up in no charge to the Smiths.
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Tomi stated that none of the discussions held between the attorneys included a reminder that there was a $100
shutoff option, even though this option makes a lot more sense than the current much higher bill. Councilmember
Bean asked Scott Hall if the City is under potential litigation. Scott said the Smith’s attorney has indicated legal
action might be taken. Their attorney had written Scott stating that the City’s attempt to charge for utilities was
improper, because Idaho is a community property state. Scott wrote back that yes Idaho is a community property
state, however bankruptcy is a federal law that runs to individuals, Mr. Smith has filed for bankruptcy and Mrs.
Smith has not, and Mrs. Smith is the liable party.
Councilmember Slack asked Ms. Smith about the notice to vacate the location. Tomi stated the notice
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mandated that they were to vacate the Taylorview property by Oct. 4. Councilmember Powell asked what she did
with electric and gas. Tomi responded she called Intermountain to shut off the gas, and they did. Rocky Mountain
Power said they don’t turn off power, but they would remove it from her name and would watch the meter. These
actions occurred in September. Councilmember asked about the reduction of the shutoff fee to $50. Leslie
explained the $100 fee is for both shutoff and turnon. The fee owed by the Smiths can legally be reduced by having
them pay only the shutoff portion, followed by the new owner paying the turnon portion.
Councilmember Bean recommended after all input had been gathered, to put this into executive session.
Councilmember Powell seconded the motion. Councilmember Slack asked why we would move this to executive
session. Councilmember Bean explained to discuss the potential litigation and what affect their decision might have
on the litigation. Scott said if there is a threat of litigation, we go into executive session. Roll Call Vote:
Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, and Councilmember
Coletti – Abstained due to previous discussions with Tomi. The motion passed. Councilmember Bean explained to
Ms Smith that the Council would go into executive session after the end of all regular meeting items and she could
contact City staff tomorrow to learn the Council’s decision.
2. AARP Grant Approval (Ron)*:
Ron stated that AARP is applying through the City’s new policy
and procedure for grants to non profits. He showed the Council the letter that documents the AARP’s meeting each
of the requirements for the grant. He explained the fees waived would be: building inspection $45, fire department
inspection $25 and general business license $100. Norman said they prepared approximately 3500 tax returns last
year.
Councilmember Powell motioned to accept the AARP Grant request. Councilmember Bean seconded.
Roll Call Vote: Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Coletti – Yes, and
Councilmember Slack – Yes. The motion passed.
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3. Rezone Request – 2565 E. 17 St. – C1 to HC1*:
Ron explained the site is commonly known as the
Rush Auto property. The zoning east and west is C-1, south is HC-1 and across Sandcreek is some R3-A property.
Their main business is meat cutting and they also want to open a deli in the front of the building. These uses fit the
C-1 zone, but in the rear part of the building they want to hold banquets. They want a state liquor license to support
the banquets and offsite catering. The C-1 zone does not allow beer, wine, or liquor and the State liquor laws do not
allow a license just for catering. The State of Idaho’s liquor law requires that before any liquor can be served on or
off premises, they must have an actual bar, and it must be open for a certain number of hours. City parking
requirements and fire regulations limit the banquet area to a maximum of 99 people.
Councilmember Bean advised the Council that the City of Ammon requires that you cannot have just a bar
you have to have a sit down restaurant as the primary use and liquor only as a secondary use. Councilmember
Powell stated he worries that once the zoning is changed then anything allowed in the zone can potentially end up
there and wants everyone to be aware of this. Ron stated for any liquor license holder, that if we determine the
primary use is actually a bar, we will question the business license and do whatever necessary to address the
violation.
Tom Hunsaker advised the Council what else could go in this property if the rezone request is approved.
Additional uses include super gas stations (with more than 10 gas pumps), new or used car lots, but only with a
conditional use permit (CUP), machinery sales establishment with a CUP, arcades with a CUP, retail with incidental
wholesale, liquor by the drink, commercial garages, motels but this is too small of a property, and radio and
television stations. They could operate exactly as proposed with the current C-1 zoning, except for liquor. They
have discussed sharing the parking lot of Big Dog and Soapy’s during evening hours. The P&Z Commission
unanimously recommended approval of the requested zone change.
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Councilmember Slack asked what other areas are currently zoned HC-1. Ron stated basically Hitt Road.
Councilmember Slack stated that the other uses would require a CUP. Ron stated the size of the property will limit
its use. They would be asphalting the back of the lot in the spring. Ron stated because they are asphalting
previously open ground, they have to find a way to continue keeping drainage onsite, or they have to find a way to
get it to the storm drain. Scott asked whether the roadway between this property and Big Dog was dedicated. Ron
stated no it is an easement owned by the storage units. Councilmember Slack stated that banquets need liquor
licenses to be operated successfully.
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Councilmember Bean motioned to approve the rezone request for 2565 E. 17 St. from C-1 to HC-1.
Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes,
Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed.
4. Resolution 2010-001 – Electrical Fees*:
Ron stated this is a reduction in electrical fees from current
values that are unintentionally set too high, due to an error in the previous resolution. Ron stated the error is in the
Electrical Permit Schedule Fees section H (where fees for low cost projects should have been those specified by
item 1 only, moderately low cost projects by item 2 only, moderately high cost projects by item 3 only, and high
cost projects by item 4 only). The current language adds the word “plus” to the end of items 1, 2, and 3, making the
fees cumulative. (Thus moderately low cost projects had to pay the fees specified by item 2 plus those specified in
item 1, moderately high cost projects had to pay the fees specified by item 3 plus those specified by item 2 plus
those specified by item 1, and high cost projects had to pay the fee specified by item 4 plus those specified by item 3
plus those specified by item 2 plus those specified by item 1.) A business recently came in and alerted the City that
something was wrong, because they had similar jobs in both Idaho Falls and Ammon and the fee we were charging
couldn’t be right. Gay did some checking and found the erroneous “plus” language. This business should have been
charged $350, but due to the error the fee was over $800. Ron has taken the accumulative language out and with the
help of further research conducted by Charlie, has set the fees up like the State electrical fees. Since this lowers the
charges no hearing is needed. The returned check fee language was also clarified, so building fee checks that
bounce twice in a row will result in a stop work order, until the fees are successfully paid.
Councilmember Powell motioned to accept Resolution 2010-001. Councilmember Slack seconded. Roll
Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Bean – Yes, and
Councilmember Coletti – Yes. The motion passed.
5. Authorize Mayor and Lance to sign payment documents on EIRWWA and Water Bonds (Leslie):
Lance stated that in the past these have been signed by Mayor Ard and then Lance. Sometimes Forsgren would
have Mayor Ard sign before Lance had even had a chance to see them. He wants the process formalized so he will
get them first and reviews them, then if all is in order he will sign, then Mayor Fuhriman will sign.
Councilmember Bean motioned to have Lance review all documents, then sign, and with his approval have
the Mayor sign. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember
Powell – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed.
6. Employee HRA (Jennifer):
Jennifer asked to table this item so Councilmember Kirkham can contact
the previous agent.
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Councilmember Bean motioned to table this item until February 2. Councilmember Slack seconded. Roll
Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and
Councilmember Powell – Yes. The motion passed.
7.
Wind Mill Grant: Councilmember Bean asked for clarification. Mayor Fuhriman stated this would
help the City provide its own electricity for the City Hall and the Fire Station. Mountain View Wind proposes solar
panels on the City Hall and on the landscaping behind City Hall and a 240-foot high wind turbine tower also behind
City Hall. Ron stated that a CUP would be required for a wind tower. Councilmember Bean asked how big the
blades would be. Mayor Fuhriman said he believes the blades would be 40 feet tip to tip. Councilmember Slack
asked if the grant could be used for solar only. Mayor Fuhriman said yes. Councilmember Powell asked if the City
has to make a match. Mayor Fuhriman stated no. He also said that we have the right to refuse the grant, if we
decide we don’t want it after all. We can also go all solar, all wind, or a combination of the two. Councilmember
Coletti asked what it would take to power City Hall, if we went solar only. Mayor Fuhriman responded we could
meet the needs of both City Hall and the Fire Station with a solar only solution. Councilmember Bean asked what
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the current monthly electrical bill is. Jennifer stated usually $800 for City Hall. Councilmember Bean said he
doesn’t have a problem applying, as long as we can turn it down. We need more information. Councilmember
Bean asked for Mountain View Wind to come to the February work session. Mayor Fuhriman recommended
presentations from two or three different companies. There was a four-week window to apply for the grant. Mayor
Fuhriman just learned about it Monday. The grant application is 40 pages long and it is done and ready to be
submitted. Mayor Fuhriman believes the City must establish wind turbine standards before getting involved [in the
application of] this grant at all and making sure whether we actually want any wind turbines. This application
opens the window.
Councilmember Slack motioned to allow the Mayor to sign the grant application contingent upon review by
Sean to verify that if it is granted to us that we have the right to reject it and that it requires no match.
Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes,
Councilmember Coletti – Yes, and Councilmember Bean – Yes. The motion passed.
DISCUSSION ITEMS:
1. Hookup Fees for EIRWWA (Leslie/Ted):
Leslie stated that we are moving towards a Regional
$2600 hookup fee and an Ammon $1000 hookup fee, which would be a drop from our current $1300 hookup fee.
2. Firefighters Association (Stacy)*:
Fire Chief Stacy Hyde stated that two years ago the volunteers
asked to start an association to help bring them closer together when they are not at work (which is to say while they
are not at training). Stacy stated that was fine by him, but it could not have anything to do with the fire department.
It took a year and a half to put together the bylaws, which were then voted upon and unanimously approved, and
Stacy immediately forwarded them onto Scott for legal review. At the City Council meeting previous to the current
one, Scott presented the bylaws to the Council where some concerns arose. Stacy went on to address the Council’s
concerns. First, the City logo will be removed and they will probably look at a contest for a new logo. Scott said
this is part of a concern that the City logo always be properly used. Councilmember Powell had asked Bruce
Patterson if the City logo had ever been filed for trademark and it has not. After the Association comes up with its
logo, it should also be filed for trademark and if the Bonneville Sheriff’s Department Ammon Division ever comes
up with a logo, it too should be filed for trademark.
Stacy said the second item was what they named their association. The name Ammon Fire Department
Association makes it appear they are an official part of the City of Ammon, not an independent body. They have no
problem with changing the name to Ammon Fire Fighters Association or whatever the Council wants.
Councilmember Bean is concerned anytime you use the term Ammon Firefighters it ties them back to the City of
Ammon. Possibly name it Firefighters Association. Councilmember Slack said he likes the Ammon part of this and
asked Scott for his opinion. Councilmember Powell said last year we had a problem with a baseball league named
the Ammon Little League and the City received a ton of phone calls, because people perceived it was City
sanctioned. We ended up having to tell them they could not use the name Ammon Little League. Scott stated the
difference between the baseball groups is that it has nothing to do with the City, but the firefighters are directly
related to the City, since they are volunteers for the City. The closer the name is to the City the more liability there
is. Councilmember Coletti asked about calling it the Firefighters Association of Ammon.
Toby Remoir, Association President stated he liked the name suggested by Councilmember Coletti.
Stacy said the last item was the use of City vehicles or equipment. Stacy thought this might work if he, as
Fire Chief, approves their use of the equipment. An example was raising money to buy class A uniforms. They cost
$600 apiece, but with the turnover in volunteers it would be costly for the City itself to provide them. Stacy allowed
them to use a pumper and Truck One (a pickup) to go over in front of Wal-Mart to raise money. Stacy said if he
deemed it appropriate to the Fire Department, the Citizens of Ammon, and the City, then he would like to have the
authority to grant the use of the equipment. This puts our firefighters out in the public eye, allowing them to
positively interact with the public. Councilmember Slack reminded the Council of the old fire truck that the
association had wanted to buy, but the City Council decided to retain ownership so that the liability insurance could
be maintained by the City, but allow our firefighters to use for community awareness events such as parades and the
fundraiser outside Wal-Mart. Councilmember Bean made a couple of observations – do we mind going out for
solicitations for money. Stacy answered no, and in fact in the past we have gone out for fundraisers on a much
grander scale. Councilmember Bean asked if the association would carry liability insurance. Stacy said no.
Councilmember Bean asked who protects us. Stacy said the City’s liability insurance. Councilmember Bean stated
then it is our (City of Ammon) Association. This is a different situation than we started out with. Councilmember
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Bean said he is concerned about a City association that is raising funds and whether its checking account should be
separate or not, who will balance it books, who will audit its books, and so on. He feels the City needs to sanction
this, but also needs to do a lot more work before it can be sanctioned. Scott said we need to find the answers to at
least a half dozen of the pieces of the puzzle.
Councilmember Bean mentioned that if the association has its own funds then it needs to file for a 501C3
and they need to file with the State with a tradename. Stacy said they already have a 501C3 IRS status, but they
have not filed a tradename. Councilmember Bean stated that since the association has a 501C3 IRS status, there is a
totally different set of criteria that now has to be dealt with. Councilmember Slack said the Council wants them to
have the association and the association is absolutely necessary, but the concern is keeping it separate from the City
and particularly with City equipment involved (which it needs to be) how to handle the liability.
Councilmember Powell said his concern is using City trucks, which are City assets, to solicit money from
citizens for personal use. He thinks we might have a problem there. Councilmember Bean stated that is what he
was getting at. Scott and Councilmember Powell stated that if the class A uniforms were City property that stayed
with the City when a firefighter left, then there would be no problem, but this isn’t the scenario that the firefighters
had in mind. Stacy explained the original plan was the association would pay half and each firefighter would pay
half, so that when they left they could take it with them. Scott said Ammon has a real proud tradition of its
volunteer fire department. It is a tremendous asset of the City. Most fire departments across the country are
volunteers. Stacy said “over 70%”. Councilmember Bean said he doesn’t think we have ever had a finer fire
department than we have right now. Leslie will call AIC and ICRMP. Stacy explained when the firefighters are out
helping to raise funds for MDA, that MDA covers all insurance liabilities.
3. Misc.:
Lance stated he has now received a final report from Idaho Falls containing a number of
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proposals for updating the Hitt and 17 intersection. The east leg would be under Ammon’s jurisdiction. Lance
said Idaho Falls wants to widen the intersection, put in dual left turn lanes, and add medians. There are eight
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different alternatives, with three variations of the 8 alternative. Councilmember Bean wants to get with Lance, so
they can come back to the next Council meeting with a recommendation. Councilmember Bean said the design has
not, as of yet taken place, so the earliest they could get started would be early summer and they need to obtain some
expensive right of ways. Mayor Fuhriman stated that the City of Idaho Falls website says this will not be built in
2010.
Councilmember Bean asked each Councilmember to print the budget for their particular area. We are now
25% into the fiscal year, and to be cognizant of this.
Councilmember Bean stated our revenues for water are running about ½ of what we budgeted. Jennifer
said the Council was anticipating raising rates.
Councilmember Bean said he received a call from the Ammon Urban Renewal who asked if Bruce Ard
was going to continue on this board. He does have a lot of background on this. Scott said it is a very complex issue.
Council doesn’t have a problem with asking Bruce if he is willing to continue in this role.
Councilmember Bean reminded everyone that none of the members of the Council have the authority
unilaterally to enter into discussions or negotiations with other cities, counties, political entities, or anybody else
without Council approval. He knows there are times when they or you would like to sit down and work together, but
everyone has to act as a group not individually. In particular, we would like to bring IBSD on board, but we need to
let our engineers work this out and bring them on board that way.
Councilmember Coletti’s issue is parking for the INL employees. He spoke to Scott Lyman at INL
who’s in charge of transportation and advised him there is potential for a problem when there is snow and cars are
parked on the street outside the hours of 7 AM to 11 PM. Mr. Lyman stated he didn’t even know there was a
problem. He stated he is in the process of getting places to park in Ammon and hopes within a week to know what
they are going to do, at which point he will get back with Councilmember Coletti. Councilmember Coletti asked
Leslie what progress she was able to make. Leslie stated that she has met with the manager of K-mart, Fred, who
stated that his district manager is not aware of the verbal agreement with the INL. He feels if they knew, they
wouldn’t allow INL to use his parking lot. She created a letter with Scott’s approval with a parking lot layout with
highlighted areas that had been agreed upon verbally between Fred and her. This allows the employees to have their
space and not have the INL employees infringe on that area. This area will be allowed through the winter. She has
had Shawna place the letter on all the cars in the Southwest corner of K-mart’s parking lot, as well as the street.
Shawna is placing the letters throughout the day and night to catch the majority of the cars. Councilmember Coletti
will continue to check with the INL for a separate parking lot.
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Council Minutes 1-21-10 Page 8 of
The Council discussed the corner of Sunnyside Rd. and Ammon Rd. in regards to off street parking,
potential uses, and planning ahead for the traffic light.
Ron stated that the Ammon Planning Department is now doing the Idaho Construction Report for the State
of Idaho. In the last three months the numbers are gradually going up.
Leslie stated there will be an Idaho Falls census bureau meeting where it will be really important to have
City of Ammon participation. The Council discussed various census bureau regulations and procedures.
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The Council discussed taking a tour of the new sewer plant on February 4at 10 a.m.
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 motioned to move into executive pursuant to Idaho Code Section 67-2345 (1-f).
Councilmember Slack seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Slack – Yes,
Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed.
The meeting adjourned at 9:35 p.m.
The Council adjourned from the executive session and resumed the regular session at 9:51 p.m.
Councilmember Slack motioned on the Tomi Smith utility dispute to deny the request for a refund on
her October, November, and December utility bills, because she was notified of the $100 shutoff fee option, which
she refused to accept. Councilmember Powell seconded. Roll call vote: Councilmember Slack – Yes,
Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember Coletti –Abstained due to his
previous discussions with Tomi Smith. The motion passed.
Councilmember Bean motioned to move back 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, and Councilmember Slack – Yes. The motion passed.
The meeting adjourned at 9:53 p.m.
_____________________________________
Steve Fuhriman, Mayor
__________________________________
Leslie Folsom, City Clerk
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Council Minutes 1-21-10 Page 9 of