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01192012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JANUARY 19, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, JANUARY 19, 2012 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Slack Prayer – Councilmember Coletti MINUTES: November 3, November 10, November 17, December 1, 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.Audit Review & Approval Fiscal Year 2011 – Judy Brower 2.Final Plat – Division 7, Woodland Hills (Ron) 3.Development Agreement – Division 7, Woodland Hills (Ron) 4.Rezone Request – Trellis Square – CC-1 to I&M-1 (Ron) 5.Ordinance 511 – Rezone Trellis Square – CC-1 to I&M-1 (Ron) 6.Authorize Purchase of 45KW Generator & Trailer (Ray) 7.Resolution 2012-001 – Utility Rate Clarifications (Ron) 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 Steven Fuhriman Councilmember Dana Kirkham (arrived at 7:28 p.m.) Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack Councilmember Brad Christensen City Attorney Scott Hall (arrived at 7:08 p.m.) City Administrator/Clerk/Planning Director Ron Folsom Deputy City Clerk Rachael Brown City Treasurer Jennifer Belfield Public Works Director Ray Ellis City Officials Absent: Councilmember Rex Thompson City Engineer Lance Bates 15 City Council Minutes 1-19-12 Page of 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 Slack led the Pledge of Allegiance. Councilmember Coletti led the prayer. MINUTES: November 3, 2011: Councilmember Powell moved to approve the minutes, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Christensen – Abstain (Absent). The motion passed. November 10, 2011: Councilmember Powell moved to approve the minutes, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Christensen – Abstain (Absent). The motion passed. November 17, 2011: Councilmember Powell moved to approve the minutes, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Slack – Abstain (Absent), and Councilmember Christensen – Abstain (Absent). The motion passed. December 1, 2011: Councilmember Powell moved to approve the minutes, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Christensen – Abstain (Absent). The motion passed. ITEMS FROM MAYOR: Mayor Fuhriman gave the Council a proposal to create an advisory board to the Mayor and explained that it would be governed by the mayor and would not have any affiliation with the Council or have any binding power. Mayor Fuhriman said they would meet once per month for the next 11 months and each Council member would recommend two people for the advisory committee. Councilmember Powell asked what the Mayor wants this committee to do. Mayor said he wants it to bring items to his attention that perhaps he and the Council have missed in the community. He wants the community to get involved in government affairs and be aware of more than what is going on at the Council meetings. Mayor Fuhriman asked how the Council how they felt about it. Councilmember Slack asked the Mayor to bring it to the next Council Work Session. Councilmember Slack said off the top of his head, to appoint an advisory committee that does not have a focused purpose doesn’t make a lot of sense to him, but if it was a Council made up of people in industry that he needed counseling on or needed advised in a matter, he would say there is more of a meaning to having an advisory council. Councilmember Coletti felt it should be discussed more in a work session, and he felt it would be a good idea to include Ammon businesses to discuss improving the business atmosphere. CONSENT AGENDA: Business License: Councilmember Powell asked Rachael if the AARP put in a grant application for their business. Rachael said yes. Councilmember Coletti moved to approve the Business License Consent Agenda, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, and Councilmember Christensen – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Powell asked Jennifer if the payment for the membranes was the final payment. Jennifer said yes. Councilmember Powell asked about the Forsgren fees. Jennifer said one of the fees was for October services and one for November services, and she thought the City would also be seeing fees for December. Councilmember Coletti asked about the invoice to MetroQuip. Ray said it was for the valve exercise truck. Councilmember Slack moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, and Councilmember Powell – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: None ACTION ITEMS: 1. Audit Review & Approval Fiscal Year 2011 – Judy Brower: Judy Brower of Galusha Higgins, Galusha presented the Council with the 2011 Audit booklet for their review. Judy covered each aspect of the audit and explained that it was just an opinion, and offered to answer any questions. Councilmember Powell asked if the expenses for the (Iona Bonneville Sewer District) IBSD separator line are reimbursed by IBSD. Judy said at this point they are showing those expenses as part of the City’s construction 25 City Council Minutes 1-19-12 Page of in progress because the contract is under the name of the City of Ammon, and they are showing IBSD helped pay towards those and once the project is done, the portion that belongs to IBSD would then be turned over to them. Councilmember Powell asked if it was a negative asset. Judy said right now it is shown as an asset, but once the City transfers it to IBSD it will go off of the books. Councilmember Powell asked what it would do to the City’s assets once the Ammon Interceptor lines and related infrastructure are transferred over to the Wastewater Authority. Judy said because the City doesn’t actually have control over the Wastewater Authority, it doesn’t show as an asset. Councilmember Powell said the books will show a debt owing but there won’t be an asset against it. Judy said yes. Judy said the most notable change has been the change of terms from reserved and unreserved, to non-spendable, restrictive, committed, assigned, and unassigned. Councilmember Slack said another report the City can look into is the (Comprehensive Annual Financial Report) CAFR. Discussion ensued regarding the CAFR. Councilmember Powell asked what the difference was between governmental activity and business type activity. Judy said the difference between governmental activity and business type activity is the source of revenue. Councilmember Slack pointed out the Building Department balance is negative $241,000 and said the Council knows why it is that way, but he would like it to be able to cover its own expenses and feels there should be a discussion about whether the Council continues to carry forward a negative balance. Discussion ensued about the Building Department carrying a negative balance. Councilmember Powell asked Judy what the City needed to watch for in the future. Judy said the biggest area is the street projects coming up and the City needs to prepare in advance. Judy said the City is not in the business of making money, but needs to make enough to pay the bills. Judy said the overall accounting system in the City has improved a lot, and said that Jennifer is doing a really great job. Councilmember Powell moved to approve the Audit Review & Approval of Fiscal Year 2011, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, and Councilmember Christensen– Yes. The motion passed. 2. Final Plat – Division 7, Woodland Hills (Ron): Ron explained where the property is located and said the request was made because of the City ordinance requirement to put in infrastructure for an entire division. Ron said due to the economy the developer ran into situations where there was considerable expense to lay down asphalt, and put sidewalks in. Ron said the developer had this portion of the property re-platted to a smaller division with 24 lots. Councilmember Kirkham asked if the developer had seen some interest in construction. Ron said yes, he thought they had two lots that were going to be built. Councilmember Kirkham said there has been a lot of discussion about this area and they have done what the Council has asked them to do. Councilmember Kirkham moved to approve Final Plat – Division 7, Woodland Hills, as presented. 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. Development Agreement – Division 7, Woodland Hills (Ron): Ron explained the special conditions for the development agreement. Councilmember Kirkham moved to approve Development Agreement – Division 7, Woodland Hills, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 4. Rezone Request – Trellis Square – CC-1 to I&M-1 (Ron): Ron explained where the property is located, and explained the rezone request. Councilmember Kirkham moved to approve Rezone Request – Trellis Square – CC-1 to I&M-1, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, and Councilmember Slack – Yes. The motion passed. 5. Ordinance 511 – Rezone Trellis Square – CC-1 to I&M-1 (Ron): Councilmember Powell read, “Ordinance #511. AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR SUCH PARCEL OF LAND; PROVIDING FOR 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 Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. Councilmember Powell read, “Ordinance #511. AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE.” I move the adoption of Ordinance #511 as an ordinance of the City of Ammon on its third and final reading. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. 35 City Council Minutes 1-19-12 Page of 6. Authorize Purchase of 45KW Generator & Trailer (Ray): Ray said the largest sewer pumps the City has are 15 horse power and this generator is capable of producing 20. Councilmember Kirkham asked if this generator was comparable to the one the City of Ammon borrowed from the City of Idaho Falls. Rays said this gives the City the backup emergency power to run the other four lift stations needed on a rotating basis. Councilmember Powell asked how long a lift station can be down before there are serious problems. Ray said only about an hour. Councilmember Kirkham said this is a necessary purchase for the cost of doing business. Councilmember Christensen asked if this equipment could be rented. Ray said no. Councilmember Kirkham said the Council has had many conversations about what is needed to run a sewer department and she would not deny this request. Councilmember Christensen asked Ray if he has looked into how much a used generator would be. Ray said yes, but he questions the reliability. Councilmember Christensen said he just wants to make sure the Council has covered all possibilities. Councilmember Kirkham moved to Authorize the Purchase of 45KW Generator & Trailer for $50,128.26 as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Christensen – No (Because he feels there are other considerations to take into account before they make this decision), and Councilmember Slack – Yes. The motion passed. 7. Resolution 2012-001 – Utility Rate Clarifications (Ron): Ron explained the changes contained in the Resolution 2012-001. Councilmember Powell moved to approve Resolution 2012-001 – Utility Rate Clarifications, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Christensen – Yes, and Councilmember Slack – Yes. The motion passed. DISCUSSION ITEMS: 1. Misc.: Ray Ellis, Public Works Supervisor said he spoke with Dave Noel and said Dave indicated that the City was supposed to bill the Region for the filters and labor involved. Councilmember Kirkham said the Council has never had that discussion, and she will have to talk to him. Ray said he will wait for direction from the Council. Councilmember Kirkham will contact Dave Noel at Forsgren & Associates. Ron gave the Council a copy of the current comprehensive plan and said he would like to take it to hearing in March and asked the Council to address questions about the comprehensive plan at the February Work Session. Ron explained the changes to the comprehensive plan. Councilmember Kirkham said the comprehensive plan has been worked on for a considerable amount of time and Planning and Zoning goes to a lot of work to make these changes for the Council. Councilmember Kirkham feels the Council should be able to read the comprehensive plan cover to cover over the next few weeks. Ron explained that figure number two is not in the comp plan and he will email it to the Council. Councilmember Kirkham said this comp plan should dictate how the Council should move forward. Discussion ensued regarding the changes to the comprehensive plan. Ron explained that staff has been in the process of re-doing the employee manual. Ron explained that one of the items added was comp time in lieu of overtime. Ron said he did some investigation and said federal wage laws allow it, but you still have to treat it the same as overtime. Ron said before, the department manager tracked the comp time, but Jennifer would be tracking it through payroll. Ron said comp time would be used the same as vacation time. Ron said he wanted to make sure the Council was ok with the proposed changes to the employee manual before he brought it to them for approval. Scott explained to the Council about email addresses, and the necessity for each using his or her City email address.Scott said the reason he encourages the use of the City email address is because it is hosted on City servers, but if you are using your private email where items are received, composed and sent from your personal computer, and somebody makes a discovery request, they will get everything on your personal computer which could include your own personal finances. Councilmember Slack said he is having a meeting with the City of Idaho Falls to discuss the Hitt Road and 17th Street median issues with the developers. Councilmember Slack asked if everyone is against the median. Council said they were all against. Councilmember Slack asked about the desire for a stoplight, and said the only option is to put a light at Target. Councilmember Slack feels there needs to be a light at Target, and wants to know what the rest of the Council wants. Councilmember Coletti said he felt that having the stoplight was the Council’s position. Council agreed that they are unified in wanting the stoplight.Discussion ensued regarding the stoplight at Target. Ron said he reviewed the draft plan and there were no traffic studies referenced. Councilmember Coletti spoke to the Council about the Urban Renewal Board and said he would be happy to be on the board, but would like clarification from the Council. Councilmember Slack asked about the Urban Renewal and said it came to his attention during the audit that the bonds for the Ammon Urban Renewal probably do not completely amortize out by the end of the urban 45 City Council Minutes 1-19-12 Page of renewal period in 2023. Councilmember Slack said he is not sure if it is the City of Ammon’s responsibility to cover any shortfalls if it’s not paid off by the time the bond matures. Scott asked who the guarantor of the bonds is. Council did not know. Ron said Larry Thompson is very knowledgeable about the urban renewal and would be someone to look to for answers. Councilmember Slack said we have 10 or 11 years to right this ship. Councilmember Coletti said the newsletter was being revamped and staff would only be producing two newsletters per year instead of four. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) Councilmember Kirkham moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1- c). 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. The meeting adjourned at 8:51 p.m. ___________________________________________ Steven Fuhriman, Mayor ____________________________________________ Ron Folsom, City Clerk 55 City Council Minutes 1-19-12 Page of