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04052012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, APRIL 5, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, APRIL 5, 2012 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Coletti Prayer – Councilmember Thompson MINUTES: February 2, 2012 ITEMS FROM MAYOR: Fair Housing Proclamation CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: Schedule Public Hearing for Budget PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.Ordinance #515 – Title 5, Chapter 3 (Ron) 2.Shooting Range Permit – Craig Raymond 3.10-005-1 Business License Grant Application Policies and Procedures 4.Resolution 2012-007 – Adopting Policy 10-005-1 Business License Grants Policies and Procedures th 5.Grant Request – Ammon 29 Ward Youth Service Group 6.Burtenshaw Development Agreement 7.Development Agreement – The Villas D3 8.Urban Renewal Board Reaffirmations 9.Resolution 2012-006 Comprehensive Plan Document and Map 10.Ordinance #514 – Soapy’s Rezone DISCUSSION ITEMS: 1.Bonding Ordinance 2.Emergency Alert System (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 Dana Kirkham Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack City Attorney Scott Hall City Clerk, Administrator, Planning Director Ron Folsom Past City Clerk Leslie Folsom City Treasurer Jennifer Belfield City Engineer Lance Bates City Council Minutes 4-5-12 Page 1 of 8 Public Works Director Ray Ellis City Officials Absent: Deputy Clerk Rachael Brown Councilmember Brad Christensen CALL TO ORDER: Mayor Steve Fuhriman opened the meeting at 7:03 p.m. at the City Hall Building located at 2135 South Ammon Road. Councilmember Coletti led the Pledge of Allegiance and Councilmember Thompson gave the prayer MINUTES: February 2, 2012*: Councilmember Kirkham moved to accept the Feb. 2, 2012 minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FROM MAYOR: Fair Housing Proclamation: Mayor Fuhriman read the City of Ammon’s Fair Housing Proclamation that stated the City’s dedication to fair housing and proclaimed the month of April, 2012 to be fair housing month in the City of Ammon. CONSENT AGENDA: BUSINESS LICENSE CONSENT AGENDA Thursday April 5, 2012 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1. NEW GENERAL BUSINESS LICENSE APPLICATION: A. Atlas Sales LLC. – Trailer Sales – 2901 E. 14th Ave. B. El Molcajete – Restaurant – 939 S. 25th E. Ste. 101 & 102 C. I Jump LLC. – Recreation – 2670 E. 14th N. D. Toni’s Massage – Massage – 3539 Briar Creek Ln. Ste. H 2. RENEWAL BUSINESS LICENSE APPLICATION: A. Big O Tire – Retail Sales – 3193 E. 17th St. B. Biolife Plasma Services – Plasma Collection Facility – 2385 S. 25th E. C. CBS Collections, Inc. – Finance – 1534 Midway Ave. D. Cheeseburger Factory – Restaurant – 2523 E. Sunnyside Rd. E. Crandall & Co. – Property Development – 3456 E 17th St. Ste #140 F. Holeshot Plumbing – Plumbing – 3968 E. Sunnyside Rd. G. Main Moon Restaurant LLC. – Restaurant – 3350 E. 17th St. H. New Beginnings Care Facility, LLC. – Assisted Living – 2085 & 2105 Avocet Dr. HOME OCCUPATION PERMITS: 1. RENEWAL HOME OCCUPATION PERMITS: A. Daves Place – Repair Service – 2420 S. Ammon Rd. MASSAGE THERAPY LICENSE: 1. NEW MASSAGE THERAPY LICENSE: A. Birch, Holly – Massage Therapist/Massage Envy – 3047 S. 25th E. B. Holm, Kourtnee – Massage Therapist/Massage Envy – 3047 S. 25th E. C. Patterson, Toni – Massage Therapist/Toni’s Massage – 3539 Briar Creek Ste. H D. Villanueva, Amy – Massage Therapist/Massage Envy – 3047 S 25th E. 2. RENEWAL MASSAGE THERAPY LICENSE: A. McDonald, Teagan – Massage Therapist/Massage Envy – 3047 S. 25th E. BARTENDER LICENSE: 1. NEW BARTENDER LICENSE: A. Billman, James – Bartender/Billmans Stockhouse – 2565 E. 17th St. City Council Minutes 4-5-12 Page 2 of 8 B. Camphouse, Desiree – Bartender/Billmans Stockhouse – 2565 E. 17th St. C. Conger, Gabriel – Bartender/Cellar – 3520 E. 17th St. D. Payne, Preston – Bartender/Carino’s Italian – 2833 S. 25th E. Consent Agenda - 2 CHILDCARE/CHILDCARE WORKER LICENSES: 1. NEW CHILDCARE/CHILDCARE WORKER LICENSES: A. Garcia, Leah K. – Childcare employee/Acorn Children’s Academy – 1619 Curlew Dr. B. Gillins, Carla N. – Childcare employee/Acorn Children’s Academy – 1619 Curlew Dr. LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1. A.El Molcajete – Restaurant – 939 S. 25th E. Ste. 101 & 102 Business License: Councilmember Slack moved to approve the Business License Consent Agenda, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Powell – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Slack asked Jennifer why a cash rewards check from Sam’s Club was a positive rather than a negative. Jennifer stated this was the Discover Cards rewards check. Discover Card had not removed Leslie from the City account and the check was issued under her name and needed her signature. Ron and Leslie have now corrected the issue and removed Leslie from the account. Councilmember Coletti asked how many sand bags the City bought. Ray Ellis stated 10,000 bags with enough sand to fill 2,000 of the bags. Councilmember Slack moved to approve Accounts Payable - Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Schedule Public Hearing for Budget: Jennifer asked the Council which date they would like for the budget’s public hearing. Council concluded the meeting will be held August 9that 4:30 p.m., which was a work session. The Council asked that this meeting be changed to a regular session for the hearing. Jennifer asked the Council to get together with their departments to discuss their budgets, so that they will be ready for the hearing. Jennifer stated that last month they met with Glen Pond and went through the Rocky Mountain Power bill line by line and there were a few issues. They have changed them and should be able to save the City from $1200 to $1500 per month. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) None PUBLIC HEARINGS: None ACTION ITEMS: 1. Ordinance #515 – Title 5, Chapter 3 (Ron): Ron advised the Council this is the animal ordinance change regarding chickens. Ron added a maximum of six domestic hens on any single family residential lot would be allowed per Council’s request. Councilmember Thompson stated he has thought about this and the original intent was to allow some, but not everyone to have chickens. He stated this could allow up to 50 chickens per acre – depending on the lot sizes. Townhomes average 5000 sq ft, which would be approximately 8 houses per acre x 6 chickens, and he feels the City needs some kind of density limitation and suggested using a lot size of ¼ acre. Ron said there are several people in townhomes that have chickens. Councilmember Slack stated he doesn’t have a problem with just using setbacks. Councilmember Coletti said he feels the space requirements would limit the actual number of chickens. Councilmember Thompson said you can still get 50 chickens. Ron said theoretically he is correct. Councilmember Kirkham feels this is a valid point, even though the likelihood is slim it can still be possible and she would be in favor of going to 1/4 acre. Councilmember Powell agrees with Councilmember Thompson. Ron presented the revision to the ordinance that Council requested. It changed the minimum lot size from 1/3 to 1/4. Heather Buck, 4189 Frontier Drive stated she favored the old proposed ordinance. Councilmember Kirkham stated an acre could have 50 chickens. Heather said no, because of the setback requirements. It’s their property and she feels she can do what she wants. Councilmember Kirkham said this is an issue of a municipality and you are subject to rules on your property. Heather asked why the setback requirement doesn’t cover this issue. Ron said the only set back requirement was 20 feet from a living area to any coup and any townhouse lot can meet these from the building and the side yard. Council tried to explain to her that a townhome area City Council Minutes 4-5-12 Page 3 of 8 could potentially have 50 chickens per acre. Council said they have to look at the worst case scenario. Councilmember Coletti said the City has to act responsible. Heather said she feels bad for the people who have chickens and they won’t be able to under this law. Councilmember Coletti said they only have rights under the law and the law doesn’t currently allow them to have chickens. Councilmember Thompson said the City investigates complaints and then the City has a law to direct what actions can be taken. Heather asked if the property owners that have chickens now illegally could be grandfathered in. Scott said the City will not condone anyone breaking the law. Heather was cited since she was in violation of the law. She would like to change it to .23 acre. John Worley, 4220 Frontier Drive said the Idaho Falls ordinance is three lines and very straight forward allowing six hens, single family or duplex homes. He feels Ammon’s law is oppressive, because he feels it removes the rights of owners. Councilmember Kirkham said if everyone was responsible there wouldn’t be any need for laws. Heather said let us be responsible. Councilmember Kirkham said she understands your complaint, since if the Council passes this resolution you will lose your chickens, of which you are already in violation. Councilmember Powell asked if they need to have six chickens. John said this is a shared law between Iona and Idaho Falls, which is why he feels the City picked this number to help with consistency. Tom Hunsaker, 2925 Carolyn Lane, Ammon ID stated Planning and Zoning would also look at property width per chicken, not just lot size. He feels that possibly three chickens for townhomes and six for single family detached homes, or one chicken per 15 feet of lot width with no rounding would achieve everyone’s goals. Councilmember Kirkham struggles with both sides and would like to allow the letter of the law to mirror the spirit of the law. Councilmember Kirkham set Tuesday at 4:00 p.m. for a meeting with Ron, herself, Councilmember Thompson, John and Heather, if they want to attend. Councilmember Slack said the City previously didn’t allow chickens, so there is no grandfather for people who were already breaking the law. John said he would like to find a way to balance the rights of the property owners and he understands the City’s situation with not becoming farm land within a City. He would like to find a way to balance these two issues. Councilmember Kirkham moved to table Ordinance #515 for further discussion. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. 2. Shooting Range Permit – Craig Raymond: Ron stated this request comes from Craig and Louise Raymond who live on Romrell. They are requesting a shooting permit for their garage using wax bullets. Ron said it would be used by Craig and his wife only. Ron read the definition of the current ordinance 5-11-4 governing this situation. Craig said they are using wax bullets at a target 21 feet away inside the garage with back stops. They have had people shoot themselves, but there has been no harm. He and his wife want to get better for competitions. Councilmember Powell asked what the caliber is. Craig stated single 6 - 45 colt. Councilmember Coletti asked about the noise. Craig said directly outside the garage, you can hear it. He has talked with his neighbors and they don’t seem to have any issues. Councilmember Powell asked about the time of day they shoot. Craig said he goes to bed by 9 pm. Councilmember Coletti said the Council can designate some rules. Councilmember Slack asked again what time he does the shooting. Craig said between 4 – 6 pm. Scott Hall said the issues are time of day, people allowed and closure of the premises with the garage doors down. Councilmember Coletti said he would also like to add the type of weapon to be used. Councilmember Slack stated he thought the motion should include to be done during the hours between 8am – 9pm, powder less ammo, permit only for him and his wife and garage closed. Councilmember Powell asked to include the caliber allowed. Craig said there are some competitions that use 38 calibers, but they don’t use that size. Councilmember Slack moved to allow a Special Use Permit for Mr. Raymond and his wife to shoot a powder-less ammunition inside their garage, between the hours of 8am-9pm, garage shut with an appropriate backstop and no live ammo, subject to revocation upon action of the City Council. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. 3. 10-005-1 Business License Grant Application Policies and Procedures: Ron said this request was a result of the request from the Ammon 29th Ward Youth Services Group to allow the water fee to be waived as part of their community service project. The current policy does not allow this to be waived. Scott and Ron are suggesting that there may be no allowance for utility fees, however, it will be waived if it was a not for profit benefit to residents in the City, for example community gardens. Councilmember Powell moved to approve 10-005-1 Business License Grant Application Policies and Procedures, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. 4. Resolution 2012-007 – Adopting Policy 10-005-1 Business License Grants Policies and Procedures: Councilmember Powell moved to adopt Resolution 2012-007 – Adopting Policy 10-005-1 Business License Grants Policies and Procedures, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember City Council Minutes 4-5-12 Page 4 of 8 Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. th 5. Grant Request – Ammon 29 Ward Youth Service Group: Ron stated they have asked for a community garden. The Council asked Ron to see what the estimate would be to provide the water. Ron is unsure if there is a meter pit at this location and it will cost about $275 to connect to the meter pit, if there is a meter pit available. Councilmember Slack said he is concerned about the City providing the parts and supplies for this project. Councilmember Powell asked Scott if this expense could be recorded on the deed. Councilmember Kirkham said the lot is not for sale – it is currently owned. Scott said it would work better for the City to have the youth group pay for the parts and just waive the water expense. Councilmember Slack said the youth group give community service to the City to help pay for the parts. Councilmember Kirkham likes this idea and suggested giving them the option. The City will connect it for them without charge. Councilmember Kirkham moved to approve the grant request contingent on them paying for the supplies, not to exceed $300 or to work it off in community service somewhere within the City. 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. 6. Burtenshaw Development Agreement: Scott and Ron have worked on this Development Agreement, since it is very unusual. Mr. Burtenshaw is concerned with the section covering sidewalks when the City widens the road. This development has a considerable amount of frontage on 52nd East and on 21st Street. Ron said John is here to discuss this with the Council. Considerable discussion ensued concerning where the sidewalks are located in the area. John Burtenshaw stated he didn’t have much more to add. Councilmember Thompson asked how many feet of this property borders on 21st Street. Ron said installing sidewalk for his length amounts to approx. $20,000. Ron said this isn’t platted property. John said as the development agreement is written that when the City of Ammon widens 21st Street then the sidewalk would be required in the neighborhood of 800 feet, which could become very expensive. He gave the example of (Eastern Idaho Credit Union) EICU and Ace Hardware on 17th Street, which do not have sidewalks. John suggested the City put in the sidewalks and later on when homes develop there then everyone would pay their prorated share. Councilmember Powell asked if he was going to develop it and John stated he wasn’t. Councilmember Kirkham said to widen 21st Street will take federal funding. The Villas is already in and the Cottages are in and were never required to install sidewalk on 21st. Quail Ridge does not have a sidewalk on both sides of the street and he feels we have missed the opportunity. Councilmember Thompson said the sidewalk was required for Dove’s Landing. Scott said you could install the sidewalks in at a later date and choose to use a (Limited Improvement District) LID to pay for them. Councilmember Kirkham said yes, if and when it ever happens. Councilmember Powell asked about how far out (Bonneville Metropolitan Planning Organization) BMPO funds are. Lance said you would be out 8-9 years, if you submitted it today. Ron said if they do any more development than a single one-home parcel on their property, they will have to plat. Councilmember Kirkham moved to approve removing Item D from the Burtenshaw Development Agreement. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. 7. Development Agreement – The Villas D3: Ron said this Development Agreement has no special conditions. Councilmember Thompson inquired concerning fiber. Ron said Bruce is currently working with the developer and Ron feels it’s their intent to put it in. Ron said it is not in the Development Agreement, but it’s not an adopted requirement. He is currently working on adding it to the commercial site plans. Councilmember Kirkham moved to approve the Development Agreement – The Villas Division 3. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. 8. Urban Renewal Board Reaffirmations: Ron showed the Council the appointments as they now stand. Bruce Ard expires Jan. 6, 2013, George Watkins expires Jan. 6, 2013, Larry Thompson expires Jan. 6, 2014, Greg Maeser expires Jan. 6, 2015 and Mayor Fuhriman expires Jan. 6, 2016. Council will be reaffirming all five appointments. Scott said you would be ratifying the terms they have been serving. Councilmember Coletti asked about appointing someone independent for the City. Ron said Scott does recommend this. Scott said this is not an entity of the City and he would like the City to be separate from this entity. Council discussed they don’t have any suggestions, at this time. Scott said Logan Hall has mentioned he would like to be involved and he has a good business background. Councilmember Slack moved to ratify the past service members of the Ammon Urban Renewal Board and that the terms of each member of the board be reaffirmed with the term expiration dates as follows: Bruce Ard Jan. 6, 2013, George Watkins Jan. 6, City Council Minutes 4-5-12 Page 5 of 8 2013, Larry Thompson Jan. 6, 2014, Greg Maeser Jan. 6, 2015 and Mayor Fuhriman Jan. 6, 2016. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed. Scott advised the Council they give consideration to who they want to appoint and suggested the appointee have a strong business background. Council concurred. 9. Resolution 2012-006 Comprehensive Plan Document and Map: Ron stated this adopts the map and the comprehensive plan that was reviewed last meeting. Councilmember Powell moved to adopt Resolution 2012-006 Comprehensive Plan Document and Map. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Slack – Yes. The motion passed. 10. Ordinance #514 – Soapy’s Rezone: Ron said this changes the parcel from C1 to HC1. Councilmember Slack read Ordinance 514 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND ZONING MAP OF CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION AND ZONING FOR SUCH PARCEL OF Councilmember Slack moved that the City Council dispense with the rule requiring the reading LAND PROVIDING FOR AN EFFECT DATE. of the ordinance on three different days and that the three readings be waived. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Councilmember Slack read Ordinance 514 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND ZONING MAP OF CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION Councilmember Slack moved the adoption of Ordinance 514 AND ZONING FOR SUCH PARCEL OF LAND PROVIDING FOR AN EFFECT DATE. as an ordinance of the City of Ammon on its third and final reading. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. DISCUSSION ITEMS: 1. Bonding Ordinance: Ron said there are three divisions in the City with large numbers of platted lots that this issue will address. Initially this was discussed concerning Woodland Hills 6, which has 84 lots. The City had the developer re-plat a portion. Rockwell has now completed this and it cost them $4500. The only thing that happened was the exact same lines on a separate piece of paper. A suggestion would be allowing sequentially phased development of a division. The phasing would have to be approved by the City Engineer, Planning Director and Fire Chief. The developer would have to submit a final phased plan, signed by the property owner, developer, City staff, and no phased development of a division containing less than 20 buildable lots, with no less than 10 adjacent lots per phase, and all other requirements shall be met with each phased portion of the recorded plat. It will still make the bonding ordinance apply, but it reduces the bond amount to the phase or phases currently under development. Councilmember Kirkham said this takes care of a few subdivisions that are caught in the cross fire of this recession. Councilmember Slack inquired if the intent was to address the sidewalks left out of certain sections, and feels this is a decent change to correct such. Ron said the sidewalks will still be required and there will always be arguments that the sidewalks will be broken up. Councilmember Slack said they can put money in an account or bond, if they don’t want to immediately install sidewalks. Council asked Ron to write an ordinance with the proposed changes and bring it to the next meeting. 2. Emergency Alert System (Stacy): Stacy Hyde, 5348 Hacienda Drive, Ammon ID stated the City has a siren by Hillview Elementary. He would like to set up procedures for testing the system once a month at 5:00 p.m. on a designated date. He would like to look at vocal confirmation after the siren is heard stating why it is being set off. Councilmember Powell asked how far the sound is heard. Stacy said it would not be heard up in the hills and feels it covers approx. a one mile radius. The Mayor is the only person in Ammon who is authorized to issue an Emergency Access System warning. He would like to look at a primary and secondary, if those people aren’t available, then you can go through the weather service. Councilmember Powell asked how the signal is going to the siren. Stacy said it goes through a pager, which sends a specific tone. Councilmember Powell was wondering about installing sirens up on the well areas. Stacy said the current siren does not have backup power. There has been talk to move it to the Public Works Building or the cell tower which have backup power. Ron said the cell tower is not an option. Councilmember Kirkham asked when it would be utilized and if reverse 911 can be used. Ron said cell phones work off of cell towers and earthquakes would knock them out. Stacy said it is mainly used for hazmat spills. The siren will tell people to check their televisions for more information. Council discussed testing it quarterly and possibly moving it over to the City building. Ron advised the Council the City Building is the designated Emergency Operation Center; however, it does not have backup power. He would like to designate the Public Works Building with the IT Department, since it does. Councilmember Kirkham asked how long the generators would last. Ray City Council Minutes 4-5-12 Page 6 of 8 said as long as we have the fuel. Stacy prefers testing once a month for consistency. A suggestion was made for the first day of the month. Stacy said they will be letting the public know the designated date through the media, statements, Ammon Day, etc. Council agreed to test it once a month with Stacy selecting the regular day and time. Stacy said Ammon had a six acre brush fire last week, which was the biggest it has ever had. 3. Misc.: Lance showed the Council the meter readings. Lance said the City recordings are close to the ERU’s that are being charged. He is not sure what the Region is showing for treatment. Councilmember Kirkham said a new plant manager has been hired for the Region, he started Monday. Ron said there was a lady who asked if the City was going to have a dance at the YMCA with the SWAG Bandits who are stating if 500 or more people attend they would perform in just underwear and glasses. Ron talked with the YMCA and they have refused the dance. The producer was not aware of this item. When the director of the YMCA heard this she said not only no, but heck no. This dance was for kids between the ages of 16 to 20. Ron said there were over 300 kids that had responded to attend on Facebook. Scott said he had a litigation issue for executive session. Councilmember Slack said the fire station is getting a backup generator and he wonders about buying a generator that would be larger and accommodate the City building, also. Council concurred. Councilmember Kirkham asked Scott if the Region contacted him about a retainer. Scott said no. Councilmember Slack th asked about time to discuss Hitt Road and the MOU with Idaho Falls. The meeting will be set for April 12, Thursday at 2 p.m. probably at the City of Idaho Falls. They would also like to discuss how to solve the distance between the two Cities. Councilmember Slack and Councilmember Kirkham will be the only ones attending, so it won’t need to be posted. Councilmember Powell stated he had an executive session Item C. Councilmember Coletti said he visited with Judy Coy and received copies of the original bond. He discussed where the records are kept and felt her record keeping was spectacular, so there would be no need for the City to duplicate it. There was discussion over the Urban Renewal audits and the status of where they are at. Cantlon Properties put up notes on the Urban Renewal property with the understanding they would want to collect on the notes if there is anything left on the bonds, however, they have known for a long time there wasn’t going to be excess funds to collect on the notes. Cantlon is going to, according to the board; write off the notes and the interest at the end of the term, which leaves the amount on the bonds themselves. Last year Urban Renewal paid $382,000 plus interest on the bonds and expects, at the rate, they will reach the amount on the bonds or just shy. There is no interest, according to the board, from the bank to do anything negative on this property. The bank will lose what they don’t collect at the end of the term. The board feels good where they are at. The board will continue to pay the principal payment, but not the notes or interest. Councilmember Slack asked if the understanding is all verbal. Councilmember Coletti doesn’t know. Councilmember Slack said it would be good to have something written. Councilmember Thompson asked if it was true that they don’t pay any City taxes. Councilmember Coletti said the taxes go to Urban Renewal for payment of the bond. Ron said a few years ago the County did a reassessment, but it wasn’t much. Scott said the lack of return from our Urban Renewal is because our tax base is too low, which is why they don’t work in a City with a low tax base. Councilmember Coletti suggested if the Council has any further questions, he would have Bruce Ard come in to answer any questions. Council would like Bruce to come in. Discussion ensued concerning the County’s tax valuation, the City’s low tax rate and the future of Urban Renewal bonds in the City. Councilmember Coletti advised the Council to remember that the City is separate from this board. Councilmember Coletti asked about a sign on Ross north of 17th Street that said drive slow children playing and would like to see one at the entrance of Birchwood Circle. Lance said it does not meet (Manual on Uniform Traffic Control Devices) MUTCD standards. Ray said it wasn’t a City sign and it was removed. Birchwood Circle needs a speed evaluation. Lance said any sign stating less than 25 mph is not recognized by national standards, unless it is a school zone. 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) City Council Minutes 4-5-12 Page 7 of 8 Councilmember Kirkham moved to adjourn into executive session pursuant to Idaho Code 67-2345 (b, c, and f). Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 9:16 p.m. ____________________________________________________ Steve Fuhriman, Mayor ______________________________________ Ron Folsom, City Clerk City Council Minutes 4-5-12 Page 8 of 8