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09202012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 20, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, SEPTEMBER 20, 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: None ITEMS FROM MAYOR: Present Eagle Scout Certificates: Proclamation – National Long Term Care Residents Rights Month – October 2012: 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.Approval of Sheriff’s Contract & Authorize the Mayor to Sign 2.Policy 90-001-2 Animal and Enforcement Officer Policies and Procedures 3.Resolution 2012-014 – Animal and Enforcement Policy – 90-001-2 4.Resolution 2012-015 – Fees 5.BMPO Access Management Plan DISCUSSION ITEMS: 1.Revised Snow Removal Procedures 2.IBSD Rate & Service Agreement 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 Brad Christensen Councilmember Sean Coletti Councilmember Russell Slack City Clerk/Administrator/Planning Director Ron Folsom Former City Clerk Leslie Folsom City Engineer Lance Bates City Attorney Scott Hall City Officials Absent: Councilmember Brian Powell Deputy Clerk Rachael Brown City Treasurer Jennifer Belfield City Council Minutes 9-20-12Page 1 of 6 Public Works Director Ray Ellis 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 Coletti led the Pledge of Allegiance. Councilmember Thompson offered the prayer. MINUTES: None ITEMS FROM MAYOR: Proclamation – National Long Term Care Residents Rights Month – October 2012: Mayor Steve Fuhriman read the National Long Term Care Residents Rights Month proclamation for October 2012. Helen Stanton talked about the rights of voting and that the seniors have always been very active applying this right. The residents in long-term care feel that their rights are gone. Their group helps explain to the residents that they still have rights. Mayor Fuhriman presented the proclamation to Helen, to which, she will distribute it to all the long-term care centers. Present Eagle Scout Certificates: Mayor Steve Fuhriman presented Eagle Scout Certificates to: Alexander Crapo who helped the city distributes information to help assist residents in their homes to be safer. Cameron Powell installed a 23 inch fiber frame and panel for the City. Brennan Powell installed a 19 inch rack and helped in the technology department. Jeff Riggins was absent. Thomas Stumpp reset 25 valve boxes in Woodland Hills Park. Hayden Kennedy placed 7000 square feet of sod in Woodland Hills Park. Reginald Duke raised the money for disc golf signs in Woodland Hills Park. Chase Stauffer was absent; however, he removed existing siding and installed new siding in Woodland Hills Park. Hayden Miller was absent; however, he painted fire hydrants in the City. Tennyson Miller was absent, however, helped purchase sandbags for the City. Jordan Denkers was absent; however, he painted the Lions Park Shelter. CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday, September 20, 2012 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: A.Promark Research Corporation – Market Research – 3544 E. 17th Street #210 2.RENEWALBUSINESS LICENSE APPLICATION: A. KVO, INC. – Construction – 3886 Taylorview Ln. HOME OCCUPATION PERMITS: 1. RENEWAL HOME OCCUPATION PERMITS: A. Fall Creek Homes – Real Estate Service – 1340 Indian Hollow Dr. B. TM Square, Inc. – Consulting – 2390 Quail Ridge Dr. BARTENDER PERMITS: 1. RENEWAL BARTENDER PERMIT: th A. Layton, Laura L. – Bartender/Firehouse Grill – 2891 S. 25 E. CHILDCARE/CHILDCARE WORKER LICENSES: 1. RENEWAL CHILDCARE/CHILDCARE WORKER LICENSES: A.Young, Cameo – Childcare/Acorn Children’s Academy – 1619 S. Curlew Ste. #2 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 Christensen – Yes, and Councilmember Coletti – Yes. The motion passed. City Council Minutes 9-20-12Page 2 of 6 Accounts Payable – Exhibit A: Councilmember Slack moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): Chad Ostergar, 2990 Talmage stated he is concerned with Mountain Valley’s intersection coming Northbound from the school. The hedges are too tall and requested four way signs. Councilmember Kirkham said the four-way has been thoroughly discussed and what exists is the compromise, however, they could look at it again since there is more traffic due to the detour with Crowley. Council will have the hedge looked at; however, they must first request the homeowner correct it first and if they don’t the City will correct it. Councilmember Christensen will contact Lance to ask him to follow through on this. Scott Hall said he doesn’t think the shrubs are in the right-of-way. He asked that the speed trailer be moved into this area during the detour. Councilmember Slack asked that the trees at John Adams and Holiday be looked at also. PUBLIC HEARINGS: None ACTION ITEMS: 1. Approval of Sheriff’s Contract & Authorize the Mayor to Sign: Councilmember Thompson asked what the dispatch costs were last year. Councilmember Kirkham said last year it was $111,000 and this year it’s $126,000. It currently is not based on call volume. The City pays for five dispatchers and the City now has its own dispatch line. Leslie stated the budget is only part of the expense, the rest comes from taxes. Councilmember Kirkham said there aren’t any other options at this time, since the City would have to expend approx. $3 million to do our own police department. Robert Loveland, 2795 Romrell Lane said he is looking at the personal equipment and feels this is very high. Councilmember Kirkham said the County has always given us a spread sheet to support the numbers. The City doesn’t get any options with the County to negotiate. Councilmember Christensen said the City could look at the County’s overall budget and police personnel and compare it to the City’s charges. Councilmember Kirkham said the City paid for an outside firm to come in and see what it would cost the City to do their own force, which was $3.5 million to start it. The City doesn’t pay any additional fees for a major situation. Scott Hall said last year the City had two situations. Councilmember Slack said the City also doesn’t have any liability. Steve Loveland, 3325 Rawson asked if the police personnel are exclusive to Ammon. Councilmember Kirkham said yes, as of two years ago, however, they can be pulled out for any major situations outside of the area. Councilmember Thompson said if the City needs more then the City pulls from outside the area also. Steve stated he is shocked at the numbers. Councilmember Thompson said Chubbuck pays over $2 million for a smaller population. Councilmember Slack moved to approve the Sheriff’s Contract and Authorize the Mayor to Sign. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 2. Policy 90-001-2 Animal and Enforcement Officer Policies and Procedures: Ron stated this is an amendment to the existing ordinance. It basically updates and clarifies the plan, so the City can qualify for grants. He covered the various items. He mentioned with the barking dogs’ citation, citizen’s can now sign the complaint. All wildlife will be handled by the Fish and Game. The tazer details have been added to allow Shauna to use it. Councilmember Kirkham moved to approve Policy 90-001-2 Animal and Enforcement Officer Policies and Procedures. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, and Councilmember Coletti – Yes. The motion passed. 3. Resolution 2012-014 – Animal and Enforcement Policy – 90-001-2: Councilmember Kirkham moved to approve Resolution 2012-014 Animal and Enforcement Policy 90-001-2. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. 4. Resolution 2012-015 – Fees: Ron advised the Council of the proposed fee increases, which are basically water and sewer expenses across the board. Councilmember Thompson asked why it was a 3% increase. Councilmember Slack said this is needed to still catch up from past agreements. This helps stop the City from using the savings. Councilmember Kirkham said when City Council Minutes 9-20-12Page 3 of 6 the bond was put into force it was noticed that there hadn’t been an increase for 15 years. She realizes the City residents feel it keeps rising; however, the Council is getting the City to parity. This needs to be done one more time or the money has to be pulled out of reserve. Councilmember Coletti said the bond rates are not going up, it’s just the expenses. Jerry Mitchell, 3751 Marlene Street said there is one more choice that the City of Ammon looks at expenses for garbage trucks, etc for the savings. Councilmember Kirkham said she feels the City is very frugal. Jerry disagrees. He would like the City to look at other options for savings. Councilmember Slack stated he would like the constituents to come and look at all the budget planning. Councilmember Kirkham said the City is trying to maintain a standard level of service. The garbage truck is a necessity for a back-up unit, since last year we had to hire Grandpas garbage. Councilmember Slack said the Council takes their job very seriously and the budgets are looked at thoroughly. The part the residents miss by coming at the fee part of the meeting is the entire discussion during the budget planning. Councilmember Kirkham said there was a public hearing for the budget. Councilmember Coletti said it is posted according to state requirements. Councilmember Kirkham said she is saddened with the opinion that there is a separation from the government to the constituents, since it is not true. Councilmember Coletti said the fees are proprietary within each area and it cannot be shared between the proprietary funds. Councilmember Slack said the City could do things cheaper, but the level of service would suffer. The City cannot operate by bandaging items. There is a very delicate balancing act. Councilmember Kirkham said there are two trucks in Public Works that have been retrofitted to be used as dump trucks. Paula Loveland, 2795 Romrell Lane said her family appreciates what the Council does. The frustration is that what was reflected on the promised costs and the actual ones are different. She asked if the City was able to acquire a different interest rate. Councilmember Kirkham said we did get a better rate, which is why the City went from 20 years to 30 years repayment. Paula asked about community participation to help with the budget where the citizens contribute via recycling and contributing to the bond. Councilmember Kirkham said the cost of recycling collection doesn’t warrant the savings. Paula said people are overwhelmed with their budgets being stretched. Councilmember Kirkham stated that maybe recycling wouldn’t work, but would appreciate other suggestions. Councilmember Kirkham said our City has one of the smallest budgets in the state and we have a great City. Paula said our utilities are a lot higher than other cities. Councilmember Kirkham said if you look at Blackfoot, Pocatello, or Rexburg, we are right there. Councilmember Coletti said the citizens passed two bonds that increased all the costs. Councilmember Kirkham stated it is a sickening feeling inheriting this situation and trying to find out how to pay for it. The increase, if approved, would start October 2012. Councilmember Kirkham said our City has received several grants, which helps support the City that the department heads secure. Councilmember Christensen said he feels the City does not always look at the third option. He would like the time to look at the budget again and see if there is any way to make up the 3% difference within the budget. Councilmember Kirkham said she would compromise to pass the resolution and to hold off until November, for the increase. Councilmember Kirkham said the Council spends a lot of time with the department heads and comes to Council before it is spent. Councilmember Christensen said he has addressed the individual expenditures and it has been said it’s in the budget, so it’s ok and now you say it doesn’t mean we have to spend it. He doesn’t feel the City is frivolous, but he feels his responsibility is not to the staff or Council but to the constituents. Councilmember Kirkham stated the whole Council feels that way. Councilmember Christensen moved to hold off one more month. He knows it is two bucks a month on top of the past increases and he would like to stop for one moment to breathe. Councilmember Coletti said he feels they can afford a month. Ron stated it doesn’t have to be republished. Councilmember Coletti seconded. Leslie asked for clarification on the motion, since Councilmember Christensen went on after his motion. Councilmember Christensen motion is to table the action for a month. Councilmember Coletti seconded. Councilmember Coletti has gone through every line item with Lance. His division and department are working without needed items for the budget savings. Councilmember Kirkham said every month that we don’t raise it we take it out of reserves. Councilmember Christensen said you can still compromise. Councilmember Kirkham said she was opposed to taking the increase once when Councilmember Bean was in office and not does in stages and she wonders about the wisdom now. Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – No ( the City has for the past three years gone over this issue and spent dozens and dozens of hours dissecting this issue and he feels it is complete with the discussion), and Councilmember Kirkham – No (the same reason as Councilmember Slack, since she feels it has been dissected over and over and has personally spent 100’s of hours on this and it has been discussed countless times in a public forum and she feels like this is the compromise that was previously agreed on with the public in years past). The motion passed. Councilmember Slack wanted to make a statement that there is a danger to go to a department head who works with us as a team, but there is a danger if the Council becomes too micro-managing of the City. He is not qualified to run every department and he has an issue to become combative with the department heads and the staff goes into a protective mode of their budgets. Our department heads voluntarily works with the Council to keep the rates low and the Council needs to trust their department heads. He doesn’t want to foster distrust. Councilmember Christensen said he agrees with Councilmember Slack. He doesn’t want the department heads to distrust him, but he feels there is another risk of not exercising more discretion. There is a balance. He is not grandstanding or combative and would like the comments to stop. Councilmember Kirkham said she is frustrated, since he had the same opportunity as the others back in August and throughout all the discussions and you haven’t addressed it at the time when the Council had time to do the corrections. Councilmember Christensen stated he didn’t understand the process back then and he is trying City Council Minutes 9-20-12Page 4 of 6 to understand the process with due diligence. He did spend a lot of time with the budget and he has learned his lesson. Councilmember Kirkham said she apologizes for not explaining to him what the 3% meant. She thought he understood it. Paula asked when the budget meeting would be. Council stated it’s posted in June. Hal Simmons, 6203 Founders Pointe Drive stated with the economic situation everyone is in he would like the Council to step back and make sure all the ways are looked at. He said the department heads are always looking at how much they want and he has been a farmer and he knows a patch job. If a garbage truck takes three days to fix, it is still cheaper than another piece of equipment. Councilmember Slack said he agrees, but do you allow the City to do that or is it the City’s responsibility to pick up the garbage every day. Councilmember Kirkham said the truck has broken down more than once. 5. BMPO Access Management Plan: Lance said the Memorandum of Understanding (MOU) is still trying to be worked out, but having the Council accept the plan and authorize him to go forward to make decisions helps make the steps move further. The members of the BMPO are Bonneville County, Iona, Ucon, Idaho Falls and Ammon. Ron said the MOU will still allow the latitude of the City with the power to override. This helps the entities to coordinate the roads and have consistency in the areas. Councilmember Kirkham moved to approve the BMPO Access Management Plan, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. Councilmember Kirkham thanked Mayor Swensen for keeping the City informed about Teton Regional Public Transportation Authority (TRPTA). She stated that the survey was very successful. Ron said there were 4500 survey’s set out and the City received 444 back, which is phenomenal. DISCUSSION ITEMS: 1. Revised Snow Removal Procedures: Ray Ellis was absent, so it was postponed to a later date. 2. IBSD Rate & Service Agreement: Scott Hall said they are waiting for the Council’s responses. Councilmember Coletti will resend his e-mail. Councilmember Kirkham said to respond with any items the Council would like to change. Ron will resend the e-mail. 3. Misc.: Lance asked the Council to look at tax presentation, which explains how the property taxes relate to the City of Ammon and other communities surrounding Ammon. He would like to get it out to the citizens, but will need to hold it until the Council approves. Leslie asked why it couldn’t be changed and sent out ahead of the increase. Lance stated most of the taxes go outside the City. Ron asked the Council about the farmers market who like to move back into Ammon. One of her issues is the requirement of each vendor to license separately. In Idaho Falls they make her responsible for all her vendors and wondered if the Council would support that. They would also like to allow animals, if they are sponsored by the Humane Society. She would like the rules to say everything needs to be hard service or gravel with the generator approval by the Fire Marshal. He would like to have the Council allow the changes. Council concurred. Ron said Life Care Center has concerns over the sidewalk between the Center and Albertson’s. There are concerned about wheelchairs, which he feels are legitimate. It is on the north side and possibly the other side. A wheelchair has to be pulled up to get over the bump. It’s located in the canal easement. Councilmember Kirkham said cut the weeds and get a bid for the Council to review. Ron said there is an issue with a certificate of occupancy (C/O) for the I Jump Center. They were issued a temporary C/O, which had six items they needed to complete to get their certificate. They have done three items and their C/O expired June 1st. Lance has sent a letter with no response. Charlie has now sent a letter August 27th, to which, he called Councilmember Christensen. Councilmember Christensen said the owner stated he would comply with the letter he received. Ron said he hasn’t. Ron will call Jacob to see if he has it scheduled. Councilmember Christensen said he said the letter stated the City was going to shut him down, but when Councilmember Christensen read the letter he felt it was very well written. Scott is concerned if Christensen talks to the owner he would be disqualified and it would be better for staff to talk with the owner and if he disagrees he can come to the Council for a Board of Corrections. Ron said he would like to propose doing part of the parking lot and striping and maybe do the rest next year, since the City didn’t have any rules for parking for this type of business. Ron reviewed it and feels that maybe there isn’t as much parking needed for this type of venture. Scott said he has an expired C/O and feels the City has given him a lot of leeway. Ron said these requirements have been enforced throughout the City, since Lance has come on board, especially when they do a remodel. Scott said the email from the EIRWWA meeting from Councilmember Coletti there are a couple of critical items. Ammon has gone to 1.3 million GPD’s and Shelley is at 1.7 and Melaleuca is possibly 150,000, which is a critical issue. Melaleuca will be City Council Minutes 9-20-12Page 5 of 6 using almost all of their units. Scott said there are also some screening needs. On Tuesdays for the last 2 ½ months, they get 80,000 GPD spike that comes down the Ammon line. Councilmember Kirkham asked if they are sure it’s from the Ammon line, since Ray has done some tests and he disagrees. Scott said it is probably happening between noon and midnight on Monday from Ammon. Lance said EIRWWA has an operation budget and they haven’t talked about where the $636,000 screening estimate of money comes from. Councilmember Coletti said the Council needs to look at the EIRWWA budget by the 28th at 9am. Councilmember Kirkham asked if you could you make the argument that it was part of the original bond. Lance can ask. Councilmember Slack said he talked to Michele about the Spirit of Ammon scholarship and putting it on the website and she wants to know if she put anything in the newsletter. Council said yes. Councilmember Thompson said he has been approached concerning the website on the fee increases who wanted a way to make comments on the website. Ron said there is an email address for the address. Discussion ensued about adding a block for the constituents to click on for comments. Scott said it would have to be done so that others cannot see the comments, until they become public record. Leslie stated if it is a public hearing, there would need to be a date deadline. Councilmember Thompson said they also requested that if there are any fee increases that it is published, so people have a better opportunity to hear about it. Scott said you can’t bind future Council’s. It could be done with this Council only. Councilmember Thompson proposed that this be done. Council concurred. Councilmember Kirkham asked Ron how long 21st street will be closed. Scott said it will be nine days. Councilmember Coletti told the Council that Intermountain Gas is working on these roads. Scott stated he is concerned about a liability issue, since you have to go up Iona Road and if there is a fire issue and protection for emergency access. He asked the Mayor to make some sort of call to leave every other mile open. Ron said he will talk with Stacy to see if he has it covered. Councilmember Slack said the gas station is concerned, since this is the second year in a row it has been closed down. Councilmember Coletti said the transportation survey is almost 50/50, if public transportation is needed. The suggested bus stops were an address or intersection. The days of operation were Mon/Wed/Fri and hours mostly morning and evening. Some people thought the City was paying for it, but it is TRPTA that provides transportation for them. Councilmember Coletti stated there is a safety hazard by the church at the 17thStreet Stake Center and there are no sidewalks and there is a constant stream of people on the dirt. Leslie asked about contacting the church. Ron said he thinks there is a right-of- way on the east. He will look at it tomorrow. EXECUTIVE SESSION: None Councilmember Coletti moved to adjourn. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, and Councilmember Kirkham – Yes. The motion passed. The meeting adjourned at 9:07 p.m. ______________________________________________ Steve Fuhriman, Mayor _____________________________________________ Ron Folsom, City Clerk City Council Minutes 9-20-12Page 6 of 6