03032011CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, MARCH 3, 2011
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL AGENDA
THURSDAY, MARCH 3, 2011 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Slack
Prayer – Councilmember Coletti
MINUTES:
Feb 10, 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.Individual Well Request - Renee Ries*
2.SCBA Purchase for Fire Department (Slack)*
3.Ord 498 Title 4, Chapter 1 Business Licenses - Second Reading (Slack)*
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
Councilmember Brian Powell
Councilmember Rex Thompson
Councilmember Sean Coletti
Councilmember Russell Slack
City Attorney Scott Hall
City Clerk Leslie Folsom
City Engineer Lance Bates
City Treasurer Jennifer Belfield
City Officials Absent:
Councilmember Lee Bean
City Planner Ron Folsom
Council Minutes 3-3-11 Page 1 of 6
CALL TO ORDER:
Mayor Steven Fuhriman opened the meeting at 7:04 p.m. at the City Hall building
located at 2135 South Ammon Road. Cannon Johnson of Boy Scout Troop #128 led the Pledge of Allegiance.
Councilmember Coletti gave the prayer.
MINUTES:
Feb 10, 2011*: Councilmember Powell motioned to approve the minutes for Feb. 10, 2011, as
presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember
Coletti – Yes, Councilmember Slack – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes.
The motion passed.
ITEMS FROM MAYOR:
Mayor Fuhriman reported on the III-A meeting and stated it is moving very
progressively. They may be changing the name due to “insurance” in the name and they are not an insurance
company. It is highly probably that we will be able to be self-insured by Jan. 1, 2012.
CONSENT AGENDA:
CITY OF AMMON
BUSINESS LICENSE CONSENT AGENDA
March 3, 2011
License applications, carrying the required documents, pending approval of the City Council:
GENERAL BUSINESS LICENSE:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
A.Tacobertos Mexican Food – Restaurant – 2523 E. Sunnyside Rd.
2.RENEWAL GENERALBUSINESS LICENSE APPLICATION:
th
A.Redbox Kiosk/Walgreen’s – Movie Rental Kiosk – 3475 E. 17 Street
th
B.Redbox Kiosk/Albertson’s – Movie Rental Kiosk – 1901 S. 25 E.
C.Redbox Kiosk/Maverik #385 – Movie Rental Kiosk – 1663 N. Ammon Rd.
th
D.Redbox Kiosk/Wal-Mart – Movie Rental Kiosk – 1201 S. 25 E.
E.Retreat Day Spa & Salon, LLC – Salon – 1489 S. Curlew Dr.
F.Ammon Veterinary Hospital, PLLC – Veterinary Hospital – 1290 S. Ammon Rd.
G.Holeshot Plumbing – Plumbing – 3968 E. Sunnyside Rd, Unit 1
CHILDCARE/CHILDCARE WORKER LICENSES:
1.NEW CHILDCARE LICENSES:
A.Santiago, Jessica – Childcare Employee/Acorn Children’s Academy – 1619 Curlew, Suite 2
2.RENEWAL CHILDCARE LICENSES:
st
A.Ojeda, Rosa – Childcare Employee / Snake River Montessori – 2970 E. 1 Street
LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE:
th
A.Willmore, Cory Kay – Bartender / Carino’s – 2833 S. 25 E.
MASSAGE LICENSE:
1.RENEWAL MASSAGE LICENSE:
th
A.Smith, Desiree – Massage Therapist / Massage Envy – 3047 S. 25 E.
Business License*: Councilmember Powell motioned to approve the business licenses, as presented.
Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham –
Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The
motion passed.
Council Minutes 3-3-11 Page 2 of 6
Accounts Payable – Exhibit A: Councilmember Kirkham motioned to approve the accounts payable,
as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember
Slack – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Powell – Yes.
The motion passed.
ITEMS FOR/FROM TREASURER:
City TreasurerJennifer Belfield reported that the Insurance RFP has
been received. Councilmember Thompson, Councilmember Kirkham, Leslie and Jennifer will make
recommendations to the Council at the next meeting.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
None
PUBLIC HEARINGS:
None
ACTION ITEMS:
1. Individual Well Request - Renee Ries*:
Renee Ries, 3510 Samuel Street, Ammon, ID introduced
herself. City Engineer Lance Bates explained the situation and read the ordinance stating private wells are
prohibited without written permission of the Council after a recommendation of the City engineer. Councilmember
Powell asked about the water rights and who owns them. Lance said she would apply for and obtain a drilling
permit from IDWR, then she would own the water right, but she would still have to get permission from the Council.
Existing wells within the city were discussed. Councilmember Kirkham said when the well goes bad, then they
have to hook onto the city’s water. Councilmember Slack asked if it was for an emergency situation. Renee said
only for emergencies. Councilmember Slack asked her when she started researching this. Renee said November of
2010. She explained she was waiting until spring thaw to drill, because she thought they could not drill in the
winter. Councilmember Slack asked how much is this going to cost. Renee said a hand pump is between $5000-
$6000. Councilmember Slack talked about having an emergency well in a City park. Lance said the cost depends
on how much you are trying to pump. Councilmember Slack said he is in favor of the park, but not in a home.
Councilmember Kirkham said she can understand where Renee is coming from and wonders how you justify her,
but not others. Renee had the idea before the new ordinance went into effect, but she did not apply until after it was
in effect. Renee stated she had talked to Ron Folsom in the beginning, as well as IDWR, so it is documented before
the ordinance’s passage. It was discussed where her property is located. Councilmember Thompson asked if a
water right comes with your well. Lance said you apply for a permit to drill the well and if granted, then the water
right is created for that. He explained from an engineering perspective, it is not needed. He understands her
reasons, but as a City engineer it is not needed. It was discussed it is healthier for all citizens to have everyone on
municipal water than each on their individual wells. It was discussed the City Engineer must make a
recommendation (favorable or not), and then the Council votes on it. Councilmember Thompson stated he is in
favor of it. Renee explained her home is not in a subdivision so it does not fall under any covenants that do not
allow wells. Councilmember Powell is a proponent of individual property rights and wonders if she can irrigate off
of it. Lance explained it is intended just to be a hand pump. It was discussed they could also mandate it not to have
an underground pump. Councilmember Slack said he believes in personal property and preparedness, but his
question is if you knew that she had a water pump and if there would be issues with everyone trying to get water out
of the well. He would like to stay with an individual situation in one of our parks. Councilmember Powell asked if
this falls into a Conditional Use Permit. Scott said no, it would be a variance unique to the property and we have
zoning issues all the time, because as soon as they sell the property someone comes in and wants a different
classification. He stated from his perspective there could be a public safety and liability standpoint if the City puts a
hand pump type well next to the SCADA building or tanks, so that it can’t be vandalized. Lance said the City has
generators and there are sampling ports where you could possibly put a hand pump on. There is 3 ½ million gallons
in the storage tanks now. It was discussed how long that could last for each person. Ray said water is the City’s
most valuable asset and we have to secure the well sites and protect contamination of the water source. It is tougher
and tougher to meet the requirements. Councilmember Kirkham feels that the City would have to enforce the
ordinances in a fair and equitable way. She feels like this would be a violation of that. Councilmember Powell
would like to see the City work on an emergency well. Council would like to see at least our own wells be able to
be manually used.
Council Minutes 3-3-11 Page 3 of 6
Councilmember Kirkham motioned to decline the individual well request for Renee Ries. 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.
2. SCBA Purchase for Fire Department (Slack)*:
Councilmember Slack deferred to the Fire
Department. Scott McGuire, 5445 E. Elliot, Training Division Chief for the City of Ammon Fire Dept. stated that
the SCBA grant was declined. He explained 22 of the bottles have reached the end of their life and 22 are in their
half-lives. They cost approx. $1000 each. The system is a low pressure system. There are several packs not
working properly and he has looked at refurbished packs. The ones we have were from about 2004-2005, and they
were bought used with a grant for $114,000. Councilmember Slack said the City bought used bottles. Leslie
Folsom said we have had two workmen’s compensation claims, due to breathing difficulties. Councilmember
Thompson asked what the difference is from a scuba tank. Scott McGuire stated they function completely different
and temperature range is different. The letter does not say why they declined. Councilmember Slack said we will
need to open the budget for this expense, at some time. He explained this was an error on the budget, because we
had hoped we would get the grant. He stated the second month before the year ends, we may have to open the
budget. It was discussed the City has a bid. Scott said it is for $53,000, which includes 22 packs, 44 SCBA bottles,
2 RIT packs and 40 masks. There are also two bottles for every pack. He explained there was another bid at
$68,000. Councilmember Thompson asked how they will be re-charged. Scott said currently we have a cascade
system and we can fill them to a point, but we are currently going to the Idaho Falls Fire Department or the INL
Central Facilities Fire Department and using their compressors. Stacy will be requesting a fill station next year. He
explained 50-60% of the time we utilize other compressors. Shelley has a possibility of having a used compressor
that the City might be able to use. Councilmember Powell stated you would be buying individual packs. Scott
McGuire stated there were two informal bids and it was under $100,000. There were not three suppliers to make
three bids.
Councilmember Slack motioned to approve the SCBA purchase for the fire department. Councilmember
Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember
Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed.
3. Ord 498 Title 4, Chapter 1 Business Licenses - Second Reading (Slack)*:
Councilmember Slack
read Ordinance
AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING THE CITY CODE TITLE 4,
BUSINESS REGULATIONS, CHAPTER 1, BUSINESS LICENSES, SECTION 1, LICENSE REQUIRED; TITLE 7, BUILDING
REGULATIONS, CHAPTER 7, INTERNATIONAL FIRE CODE, SECTION 6, FEES; PROVIDING EXCEPTION TO BUSINESS
LICENSING AND FIRE INSPECTION FEES FOR STATE AND FEDERAL OFFICES AND BUSINESSES; PROVIDING SEVERABILITY;
PROVIDING REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY
COUNCIL AND MAYOR OF THE CITY OF AMMON, IDAHO THAT:
Section 1. Title 4, Business Regulations, Chapter 1, Business License
Section 4-1-1 shall be amended to read as follows:
LICENSE REQUIRED: No person shall operate, conduct, or engage in any industry, vocation, occupation, trade, or other business
subject to the provisions of this Title without first obtaining an appropriate license from the City. Licenses shall be issued upon payment of the
fees, which shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time and
upon the applicant's compliance with the applicable provisions of this Title and upon approval of the City Council. All licenses shall be a personal
privilege of the holder. Except as expressly provided in this Title, a license shall become null and void if the holder ceases to personally
supervise, conduct, and operate the trade or business for which the license has been issued. Unless otherwise provided in this Title, no license fee
or any part thereof may be refunded even though the licensee does not operate for the period or any portion of the period for which the license
was issued. Prior to the issuance of a business license the City Clerk shall provide the application to the following departments for review;
Building Department, Fire Department, Public Works Department and Zoning Department. No license shall be issued to any business or location
that is out of compliance with any City Code.
Under criteria following adopted policy which shall be approved by resolution, business license fees may be waived for certain not for profit
organizations.
EXCEPTION: Offices or businesses operated by the State of Idaho or the Federal Government shall be exempt from the business
license fee. These businesses shall continue to be licensed and provide all required information required of a business license to the City Clerk.
Section 2. Title 7, Building Regulations, Chapter 7, International Fire Code
Section 7-7-6 shall be amended to read as follows:
FEES: Fees for building permits and services related to this chapter shall be established by resolution of the City Council, which may
be amended and modified from time to time by resolution.
EXCEPTION: Offices or businesses operated by the State of Idaho or the Federal Government shall be exempt from the fire
inspection fee. Fire inspections shall continue to be provided by the Fire Department.
Section 3. Repeal of Conflicting Provisions.
All provisions of the current Code or ordinances of the City of Ammon which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
Section 4. Severability.
Council Minutes 3-3-11 Page 4 of 6
This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent
jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before
the declaration of partial invalidity.
Section 5. Effective Date.
This ordinance shall be effective upon its passage and publication as provided by law.
Councilmember Slack motioned that this reading be accepted as the second reading of Ordinance
498. Scott advised that this didn’t require a motion. The motion only has to be on the last reading.
DISCUSSION ITEMS:
1. Misc.:
City Engineer Lance Bates said the City is getting closer to joining the Region and the City will need a
jet truck. He explained Ray and he have been working with the manufacturers and they are looking at piggybacking
onto a GSA contract. The cost is looking to be at $350,000. Councilmember Thompson asked how much it would
be used and if we could rent it for a few years. Lance said it will be used every day of the year. Piggybacking onto
the GSA contract is probably the lowest the City will be able to get. Councilmember Powell asked how long it will
take to get it. Lance said it will be around August and the funds will come from the contingency. Scott asked if
they could bill the City across two years. Lance will check with the manufacturer. Council said to include it in a
future meeting as an action item.
th
Lance said School District 93’s board meeting is March 9 at 7:30 p.m. Lance said they want help on
the drainage pond’s watering costs. In 2008 the landscaping for the storm drain pond that serves both Hillcrest High
School and Sunnyside Road went in and there was nothing scheduled for maintenance. They are using their
sprinkler system and paying the City of Ammon for the water and would like some reimbursement. Lance explained
the costs for the past few years and they would like the City to share the costs. Councilmember Kirkham said they
are proposing paving a walking path. Lance stated that was not part of today’s conversation with the School
District.
Don Trump, 4283 Nibley, representing the School District said the walking path was a suggestion, but it
splits the football practice field. As far as the water for the drainage pond, this was his suggestion. He feels it is a
huge cost for that. He talked about the softball field, as well. Councilmember Kirkham said the School District
would like to feel like they got something for the easement. Councilmember Thompson said it is a joint venture.
Scott said the initial concept was the drainage pond was going to be a soccer field. The drainage pond created an
additional area for the school, including the seating on the banks. The Sunnyside project paid for the sprinklers,
grass and fence, which were donated to the school. It was discussed they were not being charged the meter rate for
the water, back at that time. Councilmember Slack asked who was responsible for the French drains. Lance and
Councilmember Kirkham said the City. Councilmember Slack said he would like them to meet in the middle.
Councilmember Kirkham said the patrons are the same people of the City and the school. Lance said this line is not
Ammon’s, but it’s for IBSD. Don said it was also suggested the manhole could be buried. Lance shook his head
yes. Councilmember Kirkham said the agreement says we reserve the right to bind IBSD to whatever the City
negotiates for the easement. If it is buried, and remains buried for 50 years, so be it. Council said they are open to
this. Councilmember Powell asked Don what he is looking at. Lance said they told him the School District doesn’t
want to get charged for any water usage. Leslie said before metering they were using a ton of water and taxing the
City’s pumps. Don said because of the slope of the field and the design of the system, they have to water every 2
days and then let it soak, otherwise it leaves a pond. If they don’t water every couple of days, it dries out.
Tom Hunsaker, 2135 South Ammon, representing Planning & Zoning said when Todd Hicks asked
why they weren’t using irrigation water. Todd stated it was due to not having a bigger pump to handle this field. He
wonders what the cost would be to get a bigger pump. Don said he thought approximately $10,000 to $15,000 and
discussed a second pump option, as well. Council stated they would like to buy the school the pump.
Councilmember Slack said if the City didn’t charge them, there would be nothing stopping them from using as much
water as they wanted. He would rather go half on billing or the pump. Councilmember Powell said it is better for
the City to buy the pump. Lance asked if the school has the surface rights. Don feels it does, since the whole farm
was purchased. Don said the board members keep asking what they can get for this. Scott stated he is nervous
about buying something for another entity. It was discussed it could be an easement and pay X number of dollars
for the easement. He talked about forgiving a bill to help them pay for the pump. It was discussed we could
purchase the easement. It was discussed it will end the negotiations with a new pump. Lance will call them
Council Minutes 3-3-11 Page 5 of 6
tomorrow. Council discussed the possibility of about $15,000. Lance will email the Council to let them know the
results of the conversations.
Councilmember Kirkham stated she had received a call that talked about annexation of Hitt Road
from Sunnyside to the Foothills, but when the annexation request was actually seen, it was Ball Ventures property,
only. It is Hitt Road proper in the easements and is just the strip land in front of Ball Ventures. If Ammon prefers,
then Idaho Falls is willing to annex only part of the intersection. The annexation is from Sunnyside to the Critical
Care nursing facility. Council discussed they are fine with that, including all of the intersection. Lance stated that
all the easements have not been recorded.
Councilmember Kirkham said she met with Councilmember Hardcastle from Idaho Falls and they
have decided there will be two committees with two Councilmembers on each. One will be the Hitt Road Corridor
with Councilmember Slack and Councilmember Bean from Ammon and Councilmember Hally and Councilmember
Lehto from Idaho Falls. The second will be Area of Impact & Boundaries with Councilmember Kirkham and
Councilmember Powell from Ammon and Councilmember Hardcastle, Councilmember Taylor and Councilmember
Parry from Idaho Falls. These meetings will be posted, so the press is aware. Scott Hall said if it is posted as a
public meeting then Idaho Falls could take action. She stated Ken Taylor may be a “maybe”. It was discussed there
only needs to be two. Councilmember Kirkham said she will let them know that only two Councilmembers will be
allowed. Councilmember Thompson and Councilmember Coletti will not be on a committee, but they will be
backups. The meetings will start two weeks from tonight.
Councilmember Slack stated the Spirit of Ammon scholarship recipient has been picked. The
recipient is raising himself and paying his own way to go to school. Councilmember Coletti said the scholarship
th
banquet is April 28 at the Shilo and will be approximately 3 hours.
Leslie stated on the Regional Board that Councilmember Bean was absent at a meeting and they
stated they needed someone representing Ammon. Councilmember Kirkham stated she could be a backup. Scott
stated that we would have to have Council designate someone and instructed Leslie to include it on as an action item
in a future meeting.
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 Powell motioned to go into executive session pursuant to Idaho Code Section 67-
2345 (1-b). Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack
– Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The
motion passed.
The meeting ended 8:24 p.m.
_____________________________________
Steve Fuhriman, Mayor
__________________________________
Leslie Folsom, City Clerk
Council Minutes 3-3-11 Page 6 of 6