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05032007CouncilMinutesCITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MAY 3, 2007 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, May 3, 2007 CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Bean Prayer – Councilmember Waite MINUTES: April 5, 2007, April 5, 2007 Special Meeting, and April 12 Work Session, and April 19, 2007 ITEMS FROM MAYOR: CONSENT AGENDA: Attached PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: PUBLIC COMMENT: Daycare Licensing Proposal ACTION ITEMS: 1. Daycare Licensing Ordinance & Summary #431 2. Firehouse Grill Damage Claim 3. Conditional Use Permit – Rimrock Elementary School Modular Classrooms 4. Approve Water Infrastructure Project – Professional Services Contract (documents pending) 5. Approve Water Infrastructure Project – Engineering Services Contract (documents pending) 6. Water Use Agreement – Progressive Irrigation 7. th L.D.S. Church 17 Street Property – Road Improvement Participation 8. Resolution 2007-011 Utility Rate Clarification DISCUSSION ITEMS: 1.Cottages Linear French Drain Project 2.Misc. MINUTES The meeting was called to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: City Officials Present: Mayor Bruce Ard Councilmember Lee Bean Councilmember Dana Kirkham (arrived at 7:35pm) Councilmember Rex Thompson Councilmember Randy Waite City Planning Director Ron Folsom City Engineer Bill Manwill City Attorney Scott Hall City Clerk Leslie Folsom City Officials Absent: City Administrator Bruce Rose Councilmember Bean led the Pledge of Allegiance to the Flag and Councilmember Waite offered the prayer. MINUTES April 5,2007; April 5, 2007 Special Meeting; April 12 Work Session; and April 19, 2007: th Councilmember Thompson mentioned on the April 5 meeting, he did not do the Pledge of Allegiance. thth Councilmember Waite motioned to approve the minutes as amended for April 5, April 5 Special Meeting, April thth 12 Work Session and April 19. Councilmember Bean seconded. Roll call vote: Councilmember Waite – Yes, City Council Minutes 05/03/2007 -- 1 th Councilmember Bean – Yes, Councilmember Thompson – Yes, with exception to the April 5 minutes as he was not present. Councilmember Kirkham – Yes. The motion passed. ITEMS FROM MAYOR : None CONSENT AGENDA : CITY OF AMMON CONSENT AGENDA Thursday May 3, 2007 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2007: 1.RENEWALBUSINESS LICENSE APPLICATION: th A.McDonald’s of Wal-Mart – Food Service – 1275 S. 25 E th B.C.J. Scizzors, LLC – Salon – 1819 S. 25 E. th C.McDonald’s of Ammon – Food Service – 1875 S. 25 E. th D.Artistry in Oak – Retail Sales – 2797 S. 25 E. Ste. B E.The Gables of Ammon – Assisted Living Center – 1405 Curlew Drive th F.Musicians Storehouse, Inc. – Retail Sales – 2670 E. 14 N. th G.Big 5 Sporting Goods #240 – Retail Sales – 1851 S. 25 E. H.Landon Excavating, Inc. – Construction/Excavation – 3500 Maiben Ave. I.Aussie Eats, Inc. – Food Service – 2523 E. Sunnyside Rd. th J.Contractors Warehouse – Retail Sales – 2670 E. 14 N. K.Trussworks, Inc. – Construction – 1362 Terrill Drive L.Henderson Cleaning And Restoration, Inc. – Cleaning – 1436 N. Majestic Cir. Ste. #1 th M.State Farm Ins. – Insurance – 2677 E. 17 St. Ste #400 th N.Zimapan Tortilleria – Food Service – 3350 E. 17 St. th O.Brocker, Jennifer – Insurance – 2677 E. 17 St. th P.Idaho Elite Gymnastics & Cheer – Instruction – 2612 E. 14 N. th Q.Allstate – Insurance – 3380 E. 17 Street th R.Ecowater of S.E. Idaho/Mtn Fresh – Water Treatment – 3300 E. 17 Street S.Teton Spectrum Raceway – Entertainment – 2363 Eagle Drive HOME OCCUPATION PERMITS 2007: 1.RENEWAL HOME OCCUPATION PERMITS: A.Don’s Custom Flies – Products & Instruction – 2279 Princess Dr. B.Walters Exteriors, Inc. – Siding – 2005 Curlew Drive C.Hansen, Stacy – Home Decoration – 5699 Veil Drive LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2007: 1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Ivan Wesley Robison – Bartender/Johnny Carino’s- 2833 S. 25 E. th B.Kathy Wilde-Bartender/Johnny Carino’s- 2833 S. 25 E. th C.Erica Hobley- Bartender/Johnny Carino’s- 2833 S. 25 E. MISC: A. Speas, Barbara – Kennel License – 3175 Rawson Councilmember Bean motioned to approve the Consent Agenda for May 3, 2007. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None PUBLIC COMMENT:Daycare Licensing Proposal: Planning Director Ron Folsom explained each section fully. Section 1 contains the purpose and tells how the State grants us the authority to go over and above the set regulations by the State. Section 2 defines the terms used in the ordinance. Section 3 describes each type of child care. Type I, Child Daycare Center takes care of 13 or more children. Type II takes care of between 6 and 12 children. Type III takes care of between 1 and 5 children. He explained on Type III they went from 6 to 5 due to building code. Section 4 explains the requirements for each type of daycare. Types I and II are basically the same, and Type III drops the requirement of a building inspection. In Type I, the operator/director must hold a current City Council Minutes 05/03/2007 -- 2 childcare operator’s license. The center must have a health inspection, a fire inspection, a building inspection and all the licenses for the workers in that daycare have to be passed and approved. It is allowed only in a commercial zone. The Type II has all of the same requirements as Type I, but is allowed in both commercial and residential zones. Type III is also allowed in a commercial zone if requested, but is traditionally a home occupation. It does not require a building inspection. It also explains the different types of licenses required beyond the facility. Councilmember Bean inquired what the “Childcare Operator’s License” is. Ron Folsom explained the operator has to qualify as an individual. We license the facility separately. The reason we have to designate it is because the facility has a charge for business license or for a home occupation and each worker under that has a license also. City Attorney Scott Hall commented how the Type II should read taking in 6 – 12 children not in-between 6 – 12 children. Ron Folsom explained the operator licenses. He explained a worker license is applicable to all three types of daycares. Section E explains the training required. They have to have had a test for TB, which is a $15 test. The annual renewal of the license requires 8 hours of education. He discussed what educational opportunities are available. On-site workers have to have a background check. Anyone from 12 – 18 years old will have a juvenile justice system investigation. Councilmember Bean inquired about the non-provider license even if they are not working. Ron Folsom stated yes, if they have a child 12 years or older in the household on a regular basis, they have to have a non- provider investigation license. Ron Folsom explained the exclusions to the license requirements. Councilmember Bean inquired where Item 4 concerning summer camps came from. Ron Folsom explained he reviewed it alot and they were anywhere from 8 – 12 weeks. Councilmember Bean stated it seems odd that you can send them to a day camp for the same amount of time, without the same requirements, as the daycare providers. Ron Folsom agreed, he thought of that too. Councilmember Kirkham inquired about number 3, is that because we assume the Board of Education will do their own background checks? Ron Folsom stated the Board of Education does require background checks. Councilmember Bean commented he is not sure that religious schools cannot be included. Councilmember Kirkham commented on the day camp possibilities and the protection of the children. Councilmember Bean says he doesn’t mind excluding the religious schools, but he has a problem excluding the day camps. Councilmember Kirkham commented she doesn’t understand why we are excluding religious schools. Councilmember Kirkham recommended we remove Item 4. It was discussed to put a time limit on the day camps. It was discussed two weeks was a good number. Ron Folsom explained Section 8 and the procedures required for each new applicant. They have to provide a Certificate of Attendance of a child care workshop within 90 days of being hired. Leslie Folsom explained she has a couple of websites they can look at for a quick check for sexual predators. Councilmember Bean inquired who is responsible for issuing the licenses, the City Clerk. Ron Folsom explained yes, the City Clerk would and explained the process. He explained the fees that are included in this section. Councilmember Bean commented to spell out the general license fees. Ron explained the next item talks about the renewal on a yearly basis and it is a step up from what the State requires. Item F covers temporary licensing – they will not last more than 90 days. The next item covers the inspections. He explained the Criminal Background Check authorizations. He explained the FBI will not allow their FBI checks to be shared by other government agencies. This may mean the daycares will have to do two FBI checks. The FBI understands this is an issue and they are working on fixing it. It was discussed District 7 will do the health inspections. Leslie Folsom explained we will also do one every year, which is more than the State does. Ron Folsom explained Section D, regarding charges which will deny the application for licensure. Substantiation allegation of abuse was added after discussions with Health and Welfare. He explained the staffing requirements. He explained there is a point system for the ratios of the ages of children. A child under the age of 18 months is 2 points. A child 18 months – up to 4 years 11months is 1 point. 5 years and above would be ½ point. Up to a maximum of 12 children or 10 points per worker, whichever is less. Councilmember Kirkham inquired if we can try this, and if we need to be more stringent, we can adjust it. Ron Folsom agreed. Councilmember Bean commented the ratios are higher than what he would like to see, and explained his reasons. He feels an individual cannot take care of 10 two-year-olds at one time. Ron Folsom explained what he heard from current daycare providers. It was discussed the quality of daycare makes a big difference. Ron Folsom explained he feels these ratios are a good place to start. Councilmember Kirkham agreed. Councilmember Bean inquired, if we accept this as is, is there anyone that will have to reduce their amounts. Ron Folsom stated he does not know. Councilmember Bean commented he wants to make sure we aren’t jeopardizing kids for the sake of people staying in business. Ron Folsom stated he feels comfortable with this because it is a draft that went to the State Legislature. They did a lot of work on it, and it is more restrictive than what we have today. He explained there will be a stars rating for daycares soon. Councilmember Kirkham commented we don’t want end up pricing quality daycare so high that a certain level of population cannot afford it and therefore, they end up going for options that we cannot regulate. City Council Minutes 05/03/2007 -- 3 City Attorney Scott Hall commented on the ratios. Councilmember Kirkham stated we need to be committed in reevaluating this in 6 months or so. Councilmember Bean commented we will typically say that, but end up not doing it. Ron Folsom explained there are a lot of changes on this that need to be changed. Councilmember Bean inquired why we want to pass this right now. Ron explained we need to get this up and running. Councilmember Bean suggested we move on so we can hear what the public has to say, and then see where we are at on this. Ron Folsom explained the next item, what the daycares need to have on display, on file, etc. Ron Folsom explained we have two mandatory inspections, the health inspection and the fire inspection. He explained the fire inspection always has to be done before we grant the license. The health inspection, based on the information from the health department, could be 90 days out. He requested that we make a commitment do 2 -3 mandatory surprise inspections per month for ratio checks. Councilmember Bean inquired if there is a better place where the license can be displayed. Ron Folsom explained the next section, right of entry. He explained the next section which defined the expiration date as one year from issuance. He explained what would be spelled out on the license. The next section explained license denials and suspensions. Councilmember Bean inquired to Scott Hall about how we can might this as tight as possible. He wanted to know if we could put in “conduct that may be harmful as determined by the City to the health and safety of the children”. Scott Hall explained the changes he thought to be better stated. Councilmember Kirkham brought up “false accusations”. Councilmember Bean stated he is worried about criminal history and being locked into something. It was discussed there are guidelines already set up to provide for that. It was discussed to rewrite part of that section. It was discussed if we are covered in cases where convictions have not been made. It was discussed there is a clause for that in this. Ron Folsom explained the next section, regarding abuse and neglect reporting procedures. He explained the liability section. He explained the provisions of the chapter. Ron Folsom stated there are several people here from Health & Welfare, Idaho Stars, and Help INC to help answer questions. th Dana Russell, 3846 Brookfield Lane, stated she runs a daycare on the corner 17 and Crowley. She is for the daycare licenses. She would like to know how we plan to enforce the licensure law. She would like to know the repercussions for not licensing. She is concerned about the 8 hours required. She stated there is not a lot of training available for our area on the Idaho Stars website. It is available for other areas, not ours. She stated licensing needs to be affordable. She explained the required license fees she will cost her $150 -200 per employee and if they decide not to stay, she has to start the process again. She takes ½ of the fee out of their first paycheck, and the other ½ out of the next and that is just for Ammon’s license. It puts a cap on what she can pay employees. Training fees doesn’t include time and travel. She explained the online training process. She explained all of these things will affect what they charge parents for care. She stated the first question she gets from people is how much she charges, not if you are licensed. She explained if Idaho Falls doesn’t do this, parents will go there and she will have to close her doors. She explained she keeps her shot records, but really could not regulate them. A nurse from Health & Welfare comes once a year and goes through the records, but she still has no way to regulate the parents. She feels it is the parent’s job to judge the daycare’s quality of care. She explained that she has parents that have State help and they cannot afford a lot. She has parents telling her there are daycares that aren’t licensed, and how will you enforce this. She explained most daycares know when their inspection checks will be. It was discussed that is why we want to do random checks. Councilmember Kirkham inquired what she meant by dictating quality of care. Dana Russell stated she feels the guidelines start to dictate the daycares. She is concerned about the City giving a “personal” opinion. Councilmember Kirkham explained what the City is trying to do. Councilmember Bean explained his whole intent is the criminal background. Dana Russell explained they do the background checks too. Councilmember Kirkham asked if there is something too difficult in this for her. Dana Russell explained they already do training, but without it being available, we need to have more options available. She explained the costs for training aren’t always affordable for her employees, which then adds the cost to her and hence goes to the parents. She asked if Council believes they can enforce this, and do they have a plan. Councilmember Kirkham stated she believes we can handle the enforcement. Ron Folsom responded to the non-licensed daycares. He said he got a listing of licensed daycares from Idaho Stars and found that about 15 did not have home occupation permits. It also gives us a place to start. He explained most daycares put a sign in their front yard. Leslie Folsom explained we will have a list of licensed daycares available on the City’s website. Leslie also explained she has had parents call and ask when this will be going into effect so they can bring their children to Ammon. Erica Madsen, Idaho Stars Representative 956 E. Lincoln Road, stated the mission of Idaho Stars is to improve the quality of childcare statewide. They have offices in every region of the state. She acknowledged some regions have more training available, because it was mandatory for those areas, due to the demand there. She explained how they recruit people to train and qualifications and degrees. She explained the trainers decide when the classes are and how much they will cost. She explained the demand has not been here, so far. If this will be required, they have talked to trainers and they will be here to offer at least one training a month. The other options they have are through ISU. She explained there are scholarships to help pay for training. Cash incentives come City Council Minutes 05/03/2007 -- 4 from Idaho Stars also. She also apologized for the online calendar because all information goes to one office, and it doesn’t always show what is available in our area. She explained they send out newsletters that highlight training times and the trainers also advertise. Dean Martin, 2965 Devonwood Drive, stated he echoed what Dana had to say. He explained we have to look at the ripple effect with staffing requirements and the cost to parents. He explained if the Council drops the staffing requirement from 12 to 7, you are knocking down 58% and you will need 42% more daycares for the kids you are dropping out of daycare centers. His other concern is if you will see a mass exodus to Idaho Falls, if they don’t adopt the same type daycare system policy. He is not sure that staffing ratios are related to quality of daycare, he has found no evidence to support that. He commented about the ongoing education, that if this ordinance is mandated we can’t wait for it to be market driven. You have to consider the times of the training too, most in home daycares work from 6 in the morning to about 6 at night. It makes it difficult to attend training because most of them are held either out of town or during those times. He commends the City for doing this, but we just need to get some things fixed first. Lisa Tolman, 3001 Backhand Drive, stated she does not have a facility in Ammon, but runs one in Idaho Falls. She runs People’s Academy. She would like to see Ammon and Idaho Falls align in this measure. She has been to meetings in Boise. She explained ratios are always a hot topic. The ratios are only a piece of what was in the legislation. There were mixed age ratios in there, which are usually used in a home or group home setting. In centers, a single age ratio is commonly used. She stated she has a copy of it. She explained it is easier for centers. She is encouraging Idaho Falls to adopt both kinds of ratios. She explained the difference between the two ratios. Councilmember Thompson asked if you have more kids with single age rations than you do with mixed age ratios. Lisa Tolman explained it depends on what you set them at. She explained the State was going to adopt the one that set limits by age groups. She said Karen Mason did say she would happy to do a conference call; she is very involved with licensing, etc. She can answer a lot of questions you may have. Tom Hunsaker, 2925 Carolyn Lane, stated he wanted to throw out a few more ideas. He inquired about the times and when to limit them. He talked about posting licenses in visible areas. Linda Brock, 176 Brookside Drive Idaho Falls, Director of Snake River Montessori. She feels they have done a fairly comprehensive job. She feels they have addressed daycare centers but not something like what they run. They are a private school that has about 135 children attending. They provide before and after care as part of their services. Councilmember Kirkham stated she doesn’t think they will fall under this due to our exclusions. Linda Brock explained that it says “curriculum approved by the State of Idaho”, which they have had not motivation to do since they follow the Montessori program. They only seek Montessori curriculum. Councilmember Bean stated she brought up an excellent point he feels we need to address right now. He explained there are a number of Montessori schools in Ammon. She explained the ratios should not be a problem for them. The problem lies in what you define as people requirements. She explained that over half of her staff are trained, professional teachers who are receiving formal training in childhood education. They also have daycare workers, and they require background checks for all employees. She is worried about having to be inspected twice because they have requirements as a school. She explained parents have to volunteer in the school, 40 hours per year. They are often in school in the classrooms. She is wondering if she has to do a background check on all 200 plus parents. It was inquired if there is such a thing as Montessori accreditation. Linda stated yes there is. Councilmember Kirkham asked Ron if we could change the sentence to say something like approved accreditation. She explained parents will be volunteering in classrooms in public schools also, so we have make a distinction that if you are coming in to help in your child’s classroom, then you are not subject to a background check. She is concerned about the volunteer definition. She would strongly recommend providing a mechanism for submission of training program curriculum for approval. They do this with their staff throughout the year. Councilmember Kirkham inquired about the volunteers if they only help in the classroom or do they help in the daycare portion also. Linda Brock stated they typically will not be working in the daycare unless there is an emergency situation. Councilmember Kirkham stated we could make the exemption for coming into the classroom, but not for the daycare portion. It is no different than what the daycares are required. Linda Brock stated the website has a clause about spouses having to have background checks as well. She asked what spouse you are referring to. Ron Folsom stated the spouses that are on site. Ron Folsom explained the costs and fees associated with the proposed ordinance. They are as follows: Fire $25 / year Building $45 / year Health $35 / year re-inspection fee $30 / year Background $50 / year TB $15 Training $25 CPR $45 / year possible free clinic ICCP $50 City Council Minutes 05/03/2007 -- 5 Mickey Martin, 2965 Devonwood, stated that once a year the Health Department comes out and inspects her home on a surprise visit. She wants to know if that counts as a Health Inspection or does she have to make an appointment. Ron Folsom stated if the Health Department does it then they can accept it. He explained the ICCP and Health Department have an agreement than can accept each other’s inspections. Erica Madsen, Idaho Stars, inquired about the expenses also. If the City adopts a license that is more stringent than the State, you do not have to become state licensed as well. Lori Brock, 4343 Amber Lane, stated she is with Lighthouse Montessori School. She inquired about licensing exclusions number 3. She stated is states Kindergarten age or older, but at Montessori schools they start at 3 years old. They don’t do daycare at all at their facility. The 3 year-olds are only there for 3 hours only. She would like to see that addressed also. Ron Folsom stated he knows Idaho Falls is looking at licensing and the concern is how stringent or not stringent theirs will be. He believes in the end we have to sit with Idaho Falls and come up with a similar plan. Councilmember Kirkham stated she doesn’t want to wait for them, and we need to get ours going. If Idaho Falls and Ammon adopt, then hopefully the county will adopt also. Councilmember Bean stated he sees two things we need to discuss. We should address the verbiage under the exclusions and discuss the training and ratios. He feels everything else looks good. Holly Whitworth, 3065 Backhand, stated she is from Help, INC. She stated one of their purposes is to provide training for childcare providers so we can get increase in quality childcare in our region. She stated in the State of Idaho a manicurist has to have 300 hours of training, a hairdresser is required 1700 hours of training and a childcare provider is only required 4 hours of training. Research shows that the quality of childcare is related to ratios. Smaller ratios correlate to higher development of children and increase in quality of care. She explained childcare operators do not get paid enough for what they do. She applauds those are here to testify, they care about the children. She wants Council to remember that for every $1 spent on childcare, the community receives an investment of $7 back in the kind of citizens they produce, education, etc. She applauds Council for taking this step. Councilmember Kirkham stated we need to reword the licensing exclusions. Scott Hall stated that Snake River Montessori is not accredited yet, so we need to take that into consideration also. Lori Brock stated they don’t have to have state licensed teachers because of their method of teachers. They are Montessori certified. The State has no private school certification at this time. It was discussed how we could state the exclusions. Lori Brock suggested using a National Accreditation for Montessori. Councilmember Kirkham stated she sees how we can fix the Montessori section, but is concerned about the other private schools classifications. Councilmember Bean suggested leaving it as it is but adding “whose teachers are certified through these organizations and hold a bachelor’s degree”. Councilmember Kirkham states it solves the Montessori, but does it for others. It was discussed it does. Erica Madsen inquired if you are looking at licensing preschool only programs. They occur in centers, homes, and religious facilities. It was discussed the preschool is separate. Lesa Tolman stated you need to consider the private kindergartens that are out there, they aren’t always in a school setting. Councilmember Kirkham stated she does not consider that daycare. Councilmember Bean agreed. It was discussed how to differentiate between educational and daycare providers. Councilmember Bean suggested another way to have it read. Scott Hall made his suggestion on how it should read. Ron Folsom read the licenses types from page 6-3-4. Holly Whitworth commented that if you deem a bachelor’s degree appropriate, but they have student teachers who get a technical certificate called a CDA, and equivalent of one year of intensive college credit in child development. In addition, they have practicum hours and have advisors, etc. to check on them. She doesn’t feel you should limit it because some teachers have an associate and a technical certificate and are very qualified. Linda Brock commented that Montessori schools do not require a bachelor’s degree, they have other qualifications required. Councilmember Kirkham suggested leaving out the bachelor’s degree because we will have the final say anyway. Leslie Folsom suggested we adapt as we go. It was suggested to add Montessori under resolution. Councilmember Kirkham suggested leaving it the way it is for now. Councilmember Bean commented if we want to add a clause for in home care. It was discussed we are settled for now. Councilmember Kirkham stated we need to discuss the training issue. She stated we need to have the training available. It was discussed why we can’t do all the training online, not the CPR. Erica Madsen stated you can’t replace the value of personalized instruction. It was discussed we allow 4 hours of online training now and that should be sufficient for now. If they cannot get it done, then we will reconsider. Councilmember Kirkham asked Ron to post the fee schedules so people will be aware. Councilmember Thompson brought up a small time operator. He is concerned about babysitting, if they do it in their own home, then according to the ordinance they have to have a license. It was discussed it is babysitting and not daycare. It was discussed how it reads and do they fall under that. Dana Russell inquired about the kids that come from the high school that go to different daycares. They will have to have the juvenile check. She wonders where you draw the line with babysitting. Ron Folsom stated he doesn’t feel the high school is an issue. It was City Council Minutes 05/03/2007 -- 6 discussed to maybe put in an age limit to help distinguish the babysitting issue. The question is where the line is. It was discussed do we need to have an hourly limit. Councilmember Kirkham stated she is comfortable with the ratios we have now. She stated we have to realize this ordinance is fluid and it is a good place to start. ACTION ITEMS : 1. Daycare Licensing Ordinance & Summary #431: Councilmember Kirkham read Summary Ordinance #431, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, REPEALING EXISTING TITLE 6, CHAPTER 3, DAY CARE; ADOPTING NEW TITLE 6, CHAPTER 3 DAYCARE REGULATIONS AND LICENSING OF THE CITY CODE OF AMMON, IDAHO, PROVIDING FOR SEVERABILITY; REPEALING Councilmember Bean inquired if we should change CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. the effective date because right now it is the date it is passed. Ron Folsom stated it would be better to have the st, effective date July 1in order, to get all the forms created.. I move that we adopt the ordinance #431 and summary with the changes as discussed. She read ordinance #431, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, REPEALING EXISTING TITLE 6, CHAPTER 3, DAY CARE; ADOPTING NEW TITLE 6, CHAPTER 3 DAYCARE REGULATIONS AND LICENSING OF THE CITY CODE OF AMMON, IDAHO, PROVIDING FOR SEVERABILITY; REPEALING by title and motioned that the City CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE OF JULY 1, 2007 Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite –Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. Councilmember Kirkham motioned to adopt the Ordinance #431 and Summary with the changes discussed. AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, REPEALING EXISTING TITLE 6, CHAPTER 3, DAY CARE; ADOPTING NEW TITLE 6, CHAPTER 3 DAYCARE REGULATIONS AND LICENSING OF THE CITY CODE OF AMMON, IDAHO, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE OF JULY 1, by title and motioned to adopt Ordinance #431 as an ordinance of the City of Ammon on its third and final 2007 reading. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 2. Firehouse Grill Damage Claim: Leslie Folsom stated Kevin from Firehouse Grill is present as requested. Leslie Folsom presented the two bids for Council. She explained the claim and the reason ICRMP was declined. Kevin LaFleur, Firehouse Grill owner, stated in July of last year it was brought to his attention the gate was damaged by the City of Ammon. He spoke to Bruce Rose in July and told him the damage. Bruce told him he would have someone come out and look at it and get back to him. Kevin stated, at that point, he left it open-ended waiting for the City to inspect it and Bruce to get back to him. On August 21 of last year, he had a personal tragedy with his son developing heart cancer and he had two open heart surgeries. He has been gone a number of days and months. When getting back, he realized he had not been contacted and it had not been done. So in January, he went to Bruce again and asked what needs to be done. He said Bruce said he would get someone out there right now. He waited three days and called again and someone came out and investigated it. He stated the gentleman that investigated told him to go and get a claim form from the City. He filled out the form and submitted it. The City submitted the claim to the insurance and they denied it because it had gone past the 180 day period. He spoke to Bruce again and asked what he needed to do because he felt the responsibility lies on the City employee that did not report it and the City’s negligence not taking care of it sooner. Kevin stated he is asking for reparations inflicted on his property. Councilmember Bean asked when Rick first heard about the damage. Rick stated he did not quite remember. It was discussed it may have been about February. Councilmember Waite inquired about the gates. He wanted to know if there is a provision for holding them open to provide for wind interference. Councilmember Waite stated at a bare minimum if they cover this, then he feels Kevin should have a way to be able to hold them open. Kevin stated that he could have this done. Scott Hall stated that no one knows for sure it was a garbage truck that hit it, and wants to know if he could turn it into his insurance and have the City pay for the deductible. Councilmember Kirkham inquired to Kevin if that seems fair. Kevin stated he would talk to his insurance. His problem is he feels it is responsibility of the person that did it and if they would have filed a claim then, there would not have been a problem. Scott Hall stated that Bruce Rose indicated that Kevin should file a claim earlier. Kevin stated Bruce never indicated it to him at the time. Leslie inquired if they asked him to fill out a claim form. He explained they did, but not at the beginning of the process. Councilmember Kirkham asked if he is comfortable approaching his insurance about paying for it. Councilmember Bean commented this was a different scenario from what was presented at the last meeting. He stated Bruce indicated there was contact earlier. He would like to have Bruce present to defend his side of the story. Kevin stated that is fine, but would like to come to some sort of agreement. Councilmember Waite motioned to table this until Bruce Rose can be present at the next regular Council meeting in two weeks. Councilmember Bean seconded. Roll call vote: Councilmember Waite – Yes, City Council Minutes 05/03/2007 -- 7 Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. 4. Cortland Ridge Div. 5 & 6 Revised Preliminary Plat: See Item 5. 5. Cortland Ridge Div. 5 & 6 Final Plat and Development Agreement: Councilmember Bean motioned to table Items 4 & 5. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed. 3. Conditional Use Permit – Rimrock Elementary School Modular Classrooms: It was discussed how many classrooms it was. Councilmember Bean motioned to approve the Conditional Use Permit for Rimrock Elementary School Modular Classrooms until July 1, 2009. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. Councilmember Waite abstained. The motion passed. 6. Approve Water Infrastructure Project – Professional Services Contract (documents pending): No action. 7. Approve Water Infrastructure Project – Engineering Services Contract (documents pending): No action. 8. Water Use Agreement – Progressive Irrigation: Councilmember Bean inquired if it is worth it to have these water rights. Scott Hall requested to have Mr. Rigby come to a work session to review water rights. Scott Hall thinks we need to have a good water law attorney to look at this. It was discussed to invite him to our June work th session on June 14. Bill commented on the secondary water assessments will remain attached to the land and the assessments will come to the City and it will be same as it was when it was the park. Bill stated that if the secondary water requirement doesn’t change we will be forced to get into the secondary water system or have someone else provide it. th 9. L.D.S. Church 17 Street Property – Road Improvement Participation: Planning Director Ron Folsom explained there is an estimate in the packet for $38,670 for the development agreement. This is the amount they plan on paying and Council needs to sign it. Councilmember Bean inquired how this compares to our front footage fee. Ron said 365 – basically $100 per ft. Councilmember Thompson inquired about where it says “over-sizing the road”. Bill Manwill explained that was the policy Idaho Falls had a long time ago. Councilmember Thompson stated we have never done that and does not want to. Councilmember Bean inquired if he was reading the reimbursement fees correct. It was discussed as to our options. Councilmember Bean motioned to table the L.D.S. th Church 17 Street Property Road Improvement Participation. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes. The motion passed. 10. Resolution 2007-011 Utility Rate Clarification: Planning Director Ron Folsom stated we had an issue in the Building Department where a contractor questioned why we charge a connection fee for 1 ½” line. He wants to put 1 ¼” line in and thinks he should be charged for 1 ¼”. The contractor stated the resolution wasn’t clear, so we added a sentence to the resolution to clarify it. No other changes were made. Ron called Falls Water and they charge by the meter, we don’t have that opportunity. He also called Idaho Falls and most of theirs are stubbed out 1”, if they find out it is larger when they inspect it, then they assess for the additional size. We are consistent with both entities. Councilmember Bean motioned to approve Resolution #2007-011 for Utility Rate Clarification. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham -Yes, and Councilmember Thompson – Yes. The motion passed. DISCUSSION ITEMS : 1. Cottages Linear French Drain Project: Rick stated this is in progress. We haven’t completed any, as far as, getting the sod and landscape fabric in. They have two in with rocks. There was an accident yesterday where they broke a gas line. It was discussed this was the employee’s third time in a backhoe digging. Councilmember Bean inquired why we have a new operator when we are digging near gas lines. Rick stated we have to train someone to do it sooner or later. It was inquired if there were spotters there. They located on the north side and hit it on the south side. Steve Grinnell, Bungalow Drive, spoke about his wife and kids smelling gas and was upset they didn’t evacuate or call 911. The employees called the gas company but did not call any emergency vehicles. Councilmember Bean inquired what the employees’ reaction is to all of this. Rick stated they learned quite a bit. City Council Minutes 05/03/2007 -- 8 Councilmember Bean asked who was out there and if they were all new employees. Rick stated one is new, one has been here 4 months, and the other about 1 ½ years. Rick this was the third time the employee had been in the backhoe digging. Rick explained accidents do happen. Steve Grinnell stated he is not happy with the policy that accidents do happen. Scott Hall inquired what Steve Grinnell would like the City to do. Steve Grinnell stated have some training on gas knowledge. Scott Hall inquired what he would like to do about yesterday. He stated he would like the City to adopt a safety policy. Councilmember Bean stated he would like to talk to Bruce on Monday morning. Councilmember Kirkham asked if the hole on Bungalow is done. Rick stated it is not. It was inquired what time we hit the line. Rick stated about 2:30 or 3:00pm. Councilmember Bean inquired how much it will cost the City. It was discussed it could be around $2000. Bill Manwill stated the gas company won’t do outage for just excavation. It was discussed what measures could be taken to prevent this in the future. Councilmember Waite commented we should not turn them loose without someone there. Rick discussed they dug the wrong way on the trench. Councilmember Kirkham inquired when Bungalow will be done. Rick stated it is hard to give a date. Rick stated they have about 4 dug. Councilmember Bean stated he will talk to Bruce on this subject. Councilmember Kirkham stated we need a deadline and a policy. Councilmember Bean asked Leslie to have Bruce Rose call him on this issue and the Firehouse Grill issue. 2. Misc.: Mayor Ard mentioned Rocky Mountain Power has some community money available. The Mayor contacted Stacy and to get a project going from the fire station for the funds. Councilmember Kirkham mentioned that the Fire District approached Stacy about contracting with him personally to do there fire inspections. She wants to know if there is some stipulation in his contract that prevents him from doing that. He would not do it on our time; it would be after hours on his time. Councilmember Bean stated he feels the Fire District should go through Idaho Falls and it should be part of their contract. Councilmember Kirkham asked if we can actually stop it. Council discussed they would prefer he did not. Councilmember Kirkham stated she talked to Bryan Tucker that we need to deputize Chris and Tye. It was discussed how we go about doing that. Councilmember Kirkham stated she will call Bryan again and see what process is needed. Councilmember Bean stated they have the water services agreement done with three protestors of water transfers. Bruce has set up an appointment with us next week. Leslie Folsom commented about meters. Meters supposedly last 10-15 years, but Ameritel, Pepperwood, and Fazolis have to be replaced. She explained Fazoli’s is paying for their meter, but our ordinance says we have to pay on the meters. Why are we having to replacing them so often? Councilmember Bean stated we need to change the ordinance so that they pay for the meters and any replacement meter on a commercial building has to be an electronic meter. Leslie Folsom also stated there is an Ice Shack that wants to go into Eagles Homestead. We declined the one over at Peterson Park. Bruce Rose stated most likely Council will reject it but they want to know the details from the constituent. Councilmember Bean stated they still have the right to have it presented to them. Councilmember Thompson stated we got a hard bid about what it would cost to do the power line so we can qualify for the grant. The bid is about $27,000. It was discussed to put the gazebo on the north side where it is not part of the park. The light would not have to be moved at that point. th Mayor Ard stated we have a letter from DEQ on our water transfer. It will be published May 5 and May th 17. He discussed what we could do to resolve the protest. Councilmember Bean read the application in regards to protests. Councilmember Bean discussed that we verify it is not mechanical or the pump, then we assume it is us. We won’t charge for connection fees just the cost to transfer the water rights. Councilmember Bean motioned to adjourn to executive session for personnel reasons. The meeting adjourned at 11:42 p.m. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham –Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 05/03/2007 -- 9