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08162007CouncilMinutesCITY OF AMMON CITY COUNCIL MINUTES THURSDAY, AUGUST 16, 2007 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA Thursday, August 16, 2007 7:30 p.m. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. A.Pledge of Allegiance – Councilmember Thompson B.Prayer – Councilmember Kirkham th MINUTES: July 5 and July 12, 2007 ITEMS FROM MAYOR: 1.Recognition of Bill Manwill 2. Regional Sewer Project CONSENT AGENDA: None PUBLIC HEARINGS: 1. Family Care Center Infrastructure Project Progress Report 2. Fiscal Year 2007-2008 Proposed Budget PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: th 1.Conditional Use Permit - Retail Scooters/ATV’s - 2545 E. 17 St 2.Variance Request – Citizens Community Bank - Reduction of Setback for Signs 3.Re-Plat and Final Plat Pulley Subdivision #1 4.Preliminary Plat Oakridge Subdivision #2 5.Ordinance 440 - Adoption of School Zone Crossing Standard and Removal of TB Testing from Day Care Requirements 6.Resolution 2007-016 Grievance Procedure – ADA Act of 1990 7.Resolution 2007-017 Policy Regarding Non-Discrimination of the Basis of Disability 8.Electronic Water Meter Company Selection 9.Approve Ammon Day Celebration List of Volunteers and Volunteer Activities (documents pending) 10.Ordinance 439 - Mayor and Council Salary Adjustments 11.Cottages Swales - Special Property Assessments (documents pending) 12.School District Request – Parking in McCowin Park 13.Approval of Fire Department Parking Lot 14.Water Assessment Agreement 15.Resolution 2007-018 Industrial Utility Fee Change DISCUSSION ITEMS: 1.Bonneville County Commercial Tax Appraisals 2.Well 6 - Hillview Elementary School Property 3.Cottages French Drains – Increased Costs for Rock 4. 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 Councilmember Rex Thompson Councilmember Randy Waite City Administrator Bruce Rose City Planning Director Ron Folsom City Attorney Scott Hall City Clerk Leslie Folsom City Officials Absent: None City Council Minutes 08/16/2007 -- 1 Councilmember Thompson led the pledge of Allegiance to the Flag and, Councilmember Bean offered the prayer. Councilmember Kirkham arrived to the Council meeting at 7:45 pm. th MINUTES: July 5 and July 12th, 2007: It was discussed we only needed approval for July 5 because the work sessions have no approval needed. Councilmember Thompson mentioned to change Genealogist to Epidemiologist th on Page 5 of the July 5 minutes. th Councilmember Thompson motioned for approval of the July 5 minutes with the change. Councilmember Waite seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Bean – Yes. The motion passed. ITEMS FROM MAYOR : 1. Recognition of Bill Manwill: Council and Mayor Ard presented Bill Manwill a plaque and gift certificate in recognition of his work for the City of Ammon. 2. Regional Sewer Project: Mayor Ard stated Gus was supposed to be here tonight to discuss the Regional Sewer Project. He discussed they would like to do the regional sewer project but is unsure what the cost will be, he estimates between 2 and 3 million dollars. Gus at Forsgren and Associates spoke about a wastewater treatment plant. They have had one slight “hiccup” regarding scheduling on property that is adjacent to the wastewater treatment plant which was approved for rezoning from agricultural to residential. He explained the Board of Regional Authority gave them their thoughts that they felt like we should pursue the eastern interceptor lines as one design project. When we established a contract with the City of Ammon for that, they had planned to do it as two separate phases. Either way is a reasonable approach. He stated he had some meetings with Army Corp of Engineers and the Congressional Delegation, DEQ, and the Regional Authority. He stated the Army Corp of Engineers indicated there are a lot of projects in the system right now and they like to finish a project before they start a new one. Eastern Idaho Regional Project is now the largest project in the system. It stands to reason that future allocations will be getting a substantial portion. He explained we don’t know how much money we’ll get. He explained the House has written a bill for Idaho for about $4 million. The Senate is looking at $5 million, he stated history shows it will be somewhere between $4 -5 million. That is actually more money that came in last year, which was about $3.5 million. The expectation is that a substantial portion of that should be coming to Shelley probably somewhere around $2 million. He stated he had a meeting with Deb Willis who administers this program now in Boise two weeks ago. He explained that Ammon had some hesitancy to go ahead with the project without some sort of assistance. He explained their system is set up is that you are a successful administrator if you spend all the money appropriately; which means if you request $4 million dollars in a fiscal year, you better spend all the $4 million you requested within that fiscal year. He explained the way that affects the Eastern Interceptor Project. Their advice to the City is to get in a position where you can spend that money. He explained he gets a lot of calls from developers regarding the project. He suggested getting in a position where we can negotiate with those developers and get their money up front. This will be very important for the long term liability of the system. We want to be able to charge them a sewer development fee, an average of $2600.00. He would like Council’s perspective to start on a portion or half of it. He explained the first phase is about $750,000.00. He explained he could go over the finances for the system again, if Council desired. Councilmember Bean inquired what the estimated cost for the construction of the Shelley Treatment Plant was. Gus explained the first phase is $13 million dollars and their bond is $7 million. The financing plan shows approximately $7 million from Shelley, $2 million from Ammon, and $4 million from developers. It was discussed the location is already determined and will cost $500,000.00 for Phase I and about $2 million from the bond. Councilmember Bean commented we could be looking at 2009 before our money is needed. Councilmember Bean inquired what the risk is that this project will not reach fruition. Heath indicated he feels the risk is not that great. He stated we have been in the planning stage for a long time. He feels the Congressional Delegation has made a promise, and they will try to keep that promise. He doesn’t know a single project that has not received their money. He feels they won’t leave a pipeline half constructed between Ammon and Shelley with their name on it. He feels there is enough interest with developers, also. Councilmember Bean inquired what the first phase of the Ammon interceptor was. Heath stated you would start with Shelley and go on up through Country Club Road. He talked about going along the old railroad bed. Councilmember Bean stated he feels it would be more beneficial for Ammon to start with Ammon and move backwards, so that if funds are cut off we can still do our own system. Heath explained you would have a pipe that lead nowhere, whereas if you start at the bottom and move up, developers can hook on during the process. You can collect money for the fees, as well as, everything else. Bill Manwill, 2700 E. Lincoln Road, stated if you build from Shelley this direction it will be cheaper and more efficient building a sewer line from the low grade up. City Council Minutes 08/16/2007 -- 2 Gus inquired where Council would like to go at this point. Councilmember Bean inquired what cost Heath needs for Phase I. It was discussed it would be around $450 – 500,000. Councilmember Bean stated he is not prepared to make a decision tonight and would like to discuss it further at a work session. CONSENT AGENDA :None PUBLIC HEARINGS: 1. Family Care Center Infrastructure Project Progress Report: PUBLIC HEARING MEETING MINUTES Ammon, Idaho Second Public Hearing DATE: August 16, 2007 TIME: 7:30pm PLACE: Ammon City Hall Ammon, Idaho GRANTEE: City of Ammon AMOUNT: $500,000.00 PERSONS PRESENT See attached attendance list. MEETING Mayor Bruce Ard called the public hearing to order at 7:30 pm. Mayor Ard then asked Heath Price to discuss the progress of the project to date. Heath reported on the following project components: I. General Description of Project Status or Accomplishments to Date: The general project has been the construction of publicly owned infrastructure to serve a facility that provides a variety of mental health services located in Ammon, Idaho. The project is nearing substantial completion. II. Summary of all expenditures to Date: Two pay requests have been processed to date on the project. The requests to the State Department of Commerce and Labor total $475,000.00 and are from the Idaho Community Development Block Grant Program. The City has disbursed the funds in a timely manner. There is approximately $25,000.00 remaining in ICDBG funds to be requested prior to project closeout. The overall funding for the project totals $1,552,913.00. III. A general description of the remaining work: ? Finish Lift Station ? Road repair / cleanup Job documentation will be completed as soon as the Pearl House facility is built and the new jobs are created. Project closeout will likely occur within a month after job documentation. IV. Citizen Input Heath indicated that the City would accept both written and verbal comments pertaining to this project. He also indicated that upon request the information discussed could be made available to persons with visual or hearing impairments or other impairments that might cause them the inability to obtain the information. The block grant funds used on this project were authorized by the Department of Housing and Urban Development Act of 1973. No written comments have been received to date on the project. Verbal comments: None ADJOURNMENT Mayor Bruce Ard closed the meeting at 7:45 pm. Submitted by the City of Ammon Mayor Ard explained the procedure regarding public hearings to the citizens. Heath Price, Development Company, stated he was here to report on the Family Care Center Infrastructure Project. He stated we are reporting on the project because the City received $500,000.00 from the Department of Commerce. He explained the funds were authorized by the Department of Housing and Urban Development Act of 1973. He explained the construction project consists of the water line and the sewer lift station they are putting into in order to accommodate for Family Care Center building a new facility called Pearl House. The project is nearing substantial completion. There has been $475,000.00 of the Grant withdrawn and given to the contractor. There is about $25,000.00 left that the State retains. The project funds total approximately $1.5 million. He explained a couple of things remain to finish; the lift station and some road repairs. Part of the Grant requirement is that this Pearl House would create jobs but since it is not built yet, it will be a couple of years before we receive job documentation. He stated the City will set verbal City Council Minutes 08/16/2007 -- 3 and written statements. He stated anyone that needs aid of any type, who may be disabled; they will receive that information by requesting to the City. Councilmember Bean inquired about the status of the construction. Heath explained the water line is put in, but not connected. He explained they are waiting for the Well. Bruce Rose stated it has been connected from the North and the East, but it has not been connected to the Well. He explained it has been connected into Eagle. He also explained the water line is in, but they need some touch up work which will require an easement over some private property. 2. Fiscal Year 2007-2008 Proposed Budget: Councilmember Bean explained any differences in the proposed budget as presented in the Post Register. He explained this budget is unchanged from the preliminary budget that was reviewed in our work session and what was reviewed at the last City Council meeting. Ray Ellis, 2940 Sawtooth Ammon, stated he is concerned about going from a $7 million budget to a $33 million budget in two years. He is concerned about the decrease in the building department projected revenues. He is concerned about the expenditure for technical upgrades. He would like to know how the street reserve funds and fire reserve funds interchange with the regular water and street funds. He also is concerned about $500,000 in miscellaneous revenue and would like to know where that comes from. He would also like to know what the $3 million in transfers and carryovers is. Councilmember Bean addressed the transfers and carryovers. He explained we will be spending money over the next years for different projects. It is prudent, in budgeting terms, for Council to reserve monies that you can use for capital improvement projects. He explained we have major projects regarding water, sewer and streets and it is prudent on the Council’s part to have sufficient reserve funds. He stated there are projects in the Street Department that they simply cannot fund. Ray stated he feels the $3 million is still not accounted for. He wants to know where that is coming from. Councilmember Bean explained some transfers that will take place. Councilmember Bean stated this number is not an income. Councilmember Bean addressed the revenue issue. He explained a substantial portion is through grants that we may or may not receive. He explained we have $8 million in anticipated revenues in the water department that would come directly from either a bond or the DEQ. Mayor Ard explained that the DEQ will loan us an amount from a bond at a very good interest rate. He explained if they get the money they will spend it, but it they don’t then they won’t spend it. He also stated you should look at the general fund tax levies. He stated from 2006-2007 they are not much different which is because of the State Statute that we can’t levy for any more than 3% of what we levied for the prior years. In the last several years, the City of Ammon has not taken all the increase from new annexations and construction. As a result, we were left with a foregone property tax levy. This year we had a significant increase from the Bonneville County Sheriff’s Office. He explained if you were taking 3% of what we levied last year, which was about $24,000 in increased property taxes that doesn’t cover the increase from the Sheriff’s Office. He explained if growth in the City stopped, they would have a difficult time trying to budget. The growth has helped keep the levy rate down. Lee stated they need to go back to the citizens and ask for an increase in the levy rate, because we will have budgeting problems in the future. He feels the citizens of Ammon have been very generous and we have a great levy rate. He explained Council and staff is extremely prudent on the revenues and spending issues. He explained over the last four to five years, we have hired a City Administrator. We now have full time functioning building department where we used to have to source out to Bonneville County. He explained there is a lot of money being spent on IT throughout the City, not just the building department. We want to be functioning in a technological world. He also explained we now have a City Planner also, which has been extremely beneficial to the City and we will be hiring a City Engineer. Councilmember Bean motioned to approve the Budget for the Fiscal Year 2007-2008. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None ACTION ITEMS : th 1. Conditional Use Permit – Retail Scooters/ATVs – 2545 E. 17 St.: Planning Director Ron Folsom explained where the property is located. He explained at a work session they determined that scooters and ATVs could not be classified as a used car lot because they don’t take as much space and recommended that they ask for a CUP. He stated Planning and Zoning recommended the approval of the CUP with conditions which are: 1) The hours of operation will not be extended beyond 8 am to 10 pm, 7 days a week. 2) No outside storage. 3) The signage does not increase or add to. 4) The outdoor displays don’t encroach upon the parking spaces to maintain required parking and outdoor displays will not extend beyond normal business hours. 5) The CUP will expire in 3 years or at the termination of their lease. City Council Minutes 08/16/2007 -- 4 6) All testing will remain on the property except for licensed vehicles. 7) No repairs or maintenance at that location. Jason Seamons, 370 Hummingbird Lane Shelley, stated where they have been currently operating. Councilmember Bean inquired if their products extend beyond ATVs and scooters. Jason explained he does sell mini snowmobiles but not full size. Councilmember Bean inquired if parking was okay to Ron Folsom. Ron stated it was sufficient. Councilmember Kirkham inquired if he was okay with the conditions. Jason stated everything but the test driving issue because people may want to test drive ATVs in the parking lot and they are not licensed vehicles. The noise disturbance was discussed. Councilmember Bean inquired if they will be taking the canopy out. Jason stated they would not. Councilmember Bean stated he is concerned about safety issues with people wanting to test drive ATVs. Jason stated they have a field that they can take them to test drive. Councilmember Waite inquired if people will th test drive the scooters on 17 Street. Jason indicated they will drive where they want, he cannot control it. He also th explained they have plenty of room around them, rather than going on 17 Street. Councilmember Bean inquired to City Attorney Scott Hall if safety became an issue could they withdraw the permit. Scott Hall explained they could make it part of the conditions for the CUP. Councilmember Bean motioned to approve the Conditional Use Permit for Retail Scooters/ATVS at 2545 th E. 17 Street reserving the right for City Council to come back and review the permit in the event that there are safety issues that arise from test driving the vehicles for a period of three years plus the conditions that were determined by the Planning and Zoning Commission. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. 2. Variance Request – Citizens Community Bank – Reduction of Setback for Signs: Planning Director Ron Folsom explained where the property is located. They are proposing to remove the drive-thru sign and replace it with the proposed sign. He explained the reason why their property is not in compliance and Planning and Zoning’s recommendation. Councilmember Bean motioned to approve the Variance Request for Citizens Community Bank for a Reduction of Setback for Signs as per Planning and Zoning’s recommendations which is conditional upon removal of the existing sign. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 3. Re-Plat and Final Plat Pulley Subdivision #1: Planning Director Ron Folsom explained where the property is located. It was discussed it is a re-plat from the original town site. Alan Cunningham, 1020 Lincoln Road, stated this is Steve Pulley’s property. He explained the setbacks and side yards are in compliance. All of the other lots meet the requirements with the R1 zone. Councilmember Thompson inquired if this property is adjacent to the school. Alan stated it is. Ron Folsom presented a picture of the old Ammon town site. Councilmember Bean motioned to approve the Re-Plat and Final Plat for Pulley Subdivision #1. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. Councilmember Thompson inquired about sidewalks. It was discussed there would be a continuation of the curb and gutter. Council discussed to do sidewalks per code. Alan stated he would speak to the owners. It was discussed we need to discuss curb and gutter further for other issues at a work session. 4. Preliminary Plat Oakridge Subdivision #2: Planning Director Ron Folsom explained where the property is located and it’s zoned HC-1. The developer has attempted to gain access to the Wal-Mart parking lot. It was discussed that he may purchase some property adjacent to Wal-Mart. Councilmember Bean commented about developing in the R1 and HC-1 zones. Ron explained if we don’t grant him access from Curlew, then he does not have access to his property. The amount of housing was discussed on Curlew. Ron Folsom read his notes from the Planning and Zoning’s meeting. Councilmember Kirkham motioned to table the Preliminary Plat for Oakridge Subdivision #2. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Bean – Yes. The motion passed. 5. Ordinance 440 – Adoption of School Zone Crossing Standard and Removal of TB Testing from Day Care Requirements: Planning Director Ron Folsom explained the ordinance and this is a standard. He talked about putting together a standard book to help describe procedures. Councilmember Bean inquired if we really need a traffic study. Ron explained it is not a requirement, only if requested by Council or the City Engineer. Ron explained the other change he made was to take the numbers out. Councilmember Kirkham inquired if we had agreed to go 30 on Interior Streets and 36 on Arterials. Ron explained the reason he didn’t put sizes in there because eventually he would like the sign number to designate the sign size. Councilmember Kirkham recommended if you City Council Minutes 08/16/2007 -- 5 can get the sign numbers, then I’m fine with that being the ordinance. We don’t want to leave it up to the developer’s determination. Ron Folsom recommended adopting the ordinance and then making the change. Sharon Cutler, 2940 Brownstone Circle inquired if it was feet on the placement of signs they were referring to. They explained it was. Ron explained on Item 2 the sign will be determined by City Engineer. There is a standard, but they move them based on intersections and driveways. It was discussed that the distance is still under discussion every time you place one, depending on the circumstances. Sharon Cutler inquired if there is a goal or mission referring to the distance being enforced. Ron stated there is a penalty clause if they don’t do this crosswalk. Councilmember Bean stated you can’t force a police department to enforce. Councilmember Kirkham read Ordinance #440, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING TITLES 6 AND 9 OF THE CITY OF AMMON, REMOVING REQUIREMENTS OF TB (TUBERCULOSIS) TESTING FOR DAYCARE PROVIDERS AND PROVIDING FOR CROSSWALK STANDARDS/REQUIREMENTS, PROVIDING FOR Councilmember SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Kirkham motioned that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. Councilmember Kirkham read Ordinance #440, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING TITLES 6 AND 9 OF THE CITY OF AMMON, REMOVING REQUIREMENTS OF TB (TUBERCULOSIS) TESTING FOR DAYCARE PROVIDERS AND PROVIDING FOR CROSSWALK STANDARDS/REQUIREMENTS, PROVIDING FOR Councilmember SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Kirkham motioned to adopt Ordinance #440 as an ordinance of the City of Ammon on this third and final reading. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 6. Resolution 2007-016 Grievance Procedure – ADA Act of 1990: City Administrator Bruce Rose stated Items 6 & 7 really go together. They are requirements of the Economic Development Grant. He explained they are kind of backwards because you need to have the discrimination policy based on disability, and then have a grievance procedure if there is an allegation of discrimination. He stated that Scott Hall has reviewed these. Councilmember Thompson asked if these are their standards. Bruce stated they are and we have just added our City and resolution numbers. Bruce explained we have already gone through one audit after our first distribution and will go through further audits. Councilmember Bean motioned to approve Resolution #2007-016 and #2007-017. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 7. Resolution 2007-017 Policy Regarding Non-Discrimination of the Basis of Disability: P reviously discussed. 8. Electronic Water Meter Company Selection: Councilmember Bean inquired about the work session regarding the company selection. Councilmember Waite explained that basically Neptune and Sensus presented their information. Councilmember Kirkham commented that she thought we had discussed getting a more itemized bid. Councilmember Waite stated Neptune’s bid was easier to understand. It was discussed they are very hard to compare but both would throw in the laptops. It was discussed the meters are a little different. Councilmember Kirkham stated she did not like that you had to push the button with the Sensus meters and Neptune does it automatically. Councilmember Kirkham commented both systems will work with Clarity. Councilmember Waite inquired if we should have our engineer review the companies before we make a decision. Councilmember Bean stated we are moving in the direction we want to, but he thought our intention was to find a readable meter. Councilmember Kirkham stated she needed a clarification because she felt that was the direction we were heading now we are looking at purchasing 1500 meters, which she is not opposed to. Councilmember Bean stated he is not sure we are ready to make these for residential meters. He feels it will take a couple of years before we get to that point. Councilmember Kirkham agreed. Councilmember Kirkham suggested that we don’t make a decision tonight, that we hire an engineer because we are prepared to make an offer, and if this particular individual accepts have them look these options over. Councilmember Bean inquired if we have any way we can read electronically. It was discussed the limitation is in the reader we have. Leslie stated we have been taking the pictures every month and that has been working. It was discussed there were only a few that have electronic capability. Leslie commented about the meters going bad, and realizes these have a 25 year warranty. She is confused as to why some of these that are going bad we are paying to replace. Leslie stated she would check the warranty on the ones we have. City Council Minutes 08/16/2007 -- 6 Councilmember Kirkham motioned to table the Electronic Water Meter Company Selection until we hire a City Engineer. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 9. Approve Ammon Day Celebration List of Volunteers and Volunteer Activities (documents pending): City Administrator Bruce Rose explained we have a lot of good volunteers. He explained the th activities for the day which is Saturday the 25. Bruce explained the volunteers for the City are covered under our insurance, but if they are a vendor then they are not covered and need to sign a waiver. He explained we already have a copy of the waiver and it is in circulation. The list is to inform you who is the volunteers and who is the vendors. He stated Council needs to approve the list as volunteers for the City. Councilmember Kirkham inquired what time Council needs to be there. Bruce explained they need to be there by noon. Councilmember Kirkham inquired how we are advertising for this. Bruce explained it is on our website, the boy scouts will be distributing flyers, PSAs on the radio, posters, and business will have it on their marquees. There is not a lot of money allocated for advertising; we may need to look at that more next year if this is a success. Councilmember Thompson motioned to approve the list of volunteers for the Ammon Days Celebration. Councilmember Waite seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. 10. Ordinance 439 – Mayor and Council Salary Adjustments: Councilmember Bean stated, as discussed in the budget last time, it was recommended raising the salaries for the Mayor and Council. Councilmember Bean read Ordinance #439, AN ORDINANCE AMENDING THE SALARIES OF THE MAYOR AND COUNCILMEMBERS OF THE CITY OF Councilmember Bean AMMON, REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. motioned that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. Councilmember Bean read Ordinance #439, AN ORDINANCE AMENDING THE SALARIES OF THE MAYOR AND COUNCILMEMBERS OF THE CITY OF AMMON, REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE Councilmember Bean motioned to adopt Ordinance #439 as an ordinance of the City of Ammon on this third DATE. and final reading. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 11. Cottages Swales – Special Property Assessments (documents pending): Mayor Ard stated Jason called him the other day and told him the County cut us off from the rock. He asked to get an estimate of what the rest will cost us to do. He explained we are about 1/3 done and have spend $14,500 so far. Now the rock cost has increased 2 ½ times to $37.40 a truckload. It was discussed the $37.40 at Landon’s, which is at Hitt Road by the Sugar Factory. Councilmember Waite inquired if anyone had heard of Kelley Gravel. He explained it is also on Hitt Road and he got a great deal from them. Bruce stated he has not heard of them. It was discussed we need the big, softball size rocks. Councilmember Kirkham inquired about the open swales. Mayor Ard stated he told Jason to finish the open ones. Councilmember Kirkham commented we should hold on the bigger one till later. It was discussed to do more homework on the rock cost. Bruce Rose stated he wanted to comment on the chip seal up there also. The chip seal was supposedly completed today. He stated the question keeps coming up about “sweeping”. He explained on a chip seal you do a pre-sweep and post-sweep. He stated the cost for the pre and post sweep is about $1875. If they were to go back and do the entire subdivision it would cost an additional $1600. Bruce explained typically we have not swept subdivisions. Councilmember Bean inquired if Bruce would look into the cost of a street sweeper. Councilmember Bean inquired if there is a need to sweep the entire subdivision. Bruce explained there are parts in the Cottages that have excess gravel and parts that are okay. Bruce explained we could have manual labor sweeping. Councilmember Bean stated if we have manual sweeping, why can’t we get the jail crew out there. Bruce stated they can certainly try that. Bruce stated the Inmate Detail has already done an excess of 200 hours for us there. Councilmember Kirkham commented a lot of the residents there are tradesmen and they will be doing their own plowing in the winter and knocking rocks into the swale. Councilmember Bean stated if we created the situation then we need to take care of it. If a contractor created the mess, then they need to clean it up. Bruce explained it is a combination of both. It was discussed we should clean up what we messed up. City Council Minutes 08/16/2007 -- 7 Bruce Rose explained Item #11 is actually concerning Special Property Assessments. He stated last fall we had a deadline, and had three properties were either not in compliance. We went ahead to contract that those three swales to be dug. We got the bill in July and paid it. He sent out a 30 day notice and followed the ordinance to do what we can to collect the money. He explained one came in and paid. Councilmember Thompson inquired how much they were. Bruce stated they varied; one was as high as $1600 and one as low as $500. They were based on linear feet. One has paid, one never signed the certified. Scott recommended hand delivering the certified. Bruce stated he went there tonight before the meeting and no one answered. Scott Hall stated we should post it on the door and take a picture of it posted on the door. The last one is for $525 and there is a dispute. The property owner stated they did their own work. He stated he talked to Scott and they are having both sides submit in writing, what they did, when they did it and any documentation to support what they did. The deadline is two weeks from yesterday. He stated there is no action needed at this time. 12. School District Request – Parking in McCowin Park: It was discussed the parking would be most of the school year. The kids would only have to walk across the grass. During the winter, the school said they would plow a path and Bruce indicated they will have to go through Ken to make sure they don’t hit any sprinklers or anything like that. Bruce stated they are making significant progress. Councilmember Bean stated Charlie needs to be able to say yeah or nay. We don’t want them to think the CO should be issued because we let them use the parking lot. Councilmember Bean motioned to allow the School District to use the parking in McCowin Park on a temporary basis condition upon CO being issued. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 13. Approval of Fire Department Parking Lot: Stacy Hyde, 4125 Wanda, referred to a drawing given to the Council members and explained where the property will be changed. He explained with the growth of the fire department they are getting complaints with not enough parking. He explained Bruce and he talked about joining the City’s and the Fire Departments parking lots. It will help the option of having to take out trees. Councilmember Bean inquired what the anticipated cost would be. Stacy thought it would be around $35,000. He explained he budgeted $19,000 for their budget and the big cost would be joining the two parking lots, it added another $16,000. He stated he talked to Bruce and they think they have a plan for that. When Bruce extended the parking lot for the City, he had $30,000 budgeted, they actually used $17,676. There is $12,324 left over from that project that is part of the building and planning. That money is not budgeted for anything else. Bruce stated he had identified areas in the budget that were either over-budgeted, would go unspent, or we could cut. He thought this money would go unspent. Councilmember Bean stated it is Building and Planning money. Councilmember Bean inquired if he has talked to Charlie about that. Bruce stated he did. Councilmember Bean inquired if he would want it in the future. Bruce stated he didn’t mention that. Leslie stated the Building Department will probably be strong users of the parking lot and they will have to expand off of that. Councilmember Bean stated he is not willing to spend the Building Departments money when they are that far under their income. It was discussed they thought that money would be to cover shortfalls elsewhere. Leslie stated Bobbie Jockumsen called and stated they are concerned with the parking and not having enough for the fire department for the election status. Bobbie suggested moving the election site to Liberty Square (see memo below). Councilmember Bean stated he took a real hard stance regarding cutting budgets and now we want to spend when we are under budgeting. Councilmember Bean stated he is not prepared to take the funds from the Building Department. The following memo was given to the Mayor and council concerning the precincts for the upcoming elections: To Mayor Ard and Council: The following precincts have been set up for the November 1, 2007 election. Bobbie Jockumsen from County Elections has suggested changing the Ammon Fire Station to the Liberty Retirement Square due to parking limitations. Since Stacy had me put his request in the packet, I knew of the potential future parking lot expansion and advised Bobbie that it was to be discussed and voted on tonight, Thursday, August 16, 2007 and requested that no changes be done this year. I made this recommendation City Council Minutes 08/16/2007 -- 8 since we all know how hard it is to advise the general public of any changes of location and the confusion it can cause. I do hope that this meets with Mayor Ard and the Council’s approval. Precinct No. Polling Place 48 Hillview School 3075 Teton Ammon, Idaho 49 Sandcreek Middle School 2955 Owen Ammon, Idaho 50 Ammon City Hall 2135 So. Ammon Road Ammon, Idaho 51 Ammon Fire Station 2137 South Ammon Road Ammon, Idaho 52 Hillcrest High School 2800 Owen Ammon, Idaho Sincerely, Leslie Folsom City Clerk Ray Ellis stated you talk as those funds as proprietary. Councilmember Bean stated they are not proprietary funds. Ray Ellis stated they cannot be used for general revenue. Councilmember Bean inquired how many cities break out their building department in terms of revenues and expenses. Ray stated everyone should. Ray stated the only reason they have a building department to just raise money. Councilmember Bean stated our budget balances for 2008. He stated that you have to understand there are going to be times when revenues are more than expenses. Ray stated he understands that, but looking at the building department from 2003 to 2005 there is nearly $1 million that transfers to general funds. Councilmember Bean stated that has been answered through the attorneys. He stated we now have a fully operated department and have allocated all the funds, we know were we at and you will see a budget that balances this year. Mayor Ard explained improvements made to the building department were not generated by the building department, it had to be allocated. Ray stated his issue is taking $12,000 from building department for city improvements. Councilmember Bean asked Stacey to take in consideration a buffer between the residential. If this were commercial, we would require a 6 foot fence. Councilmember Kirkham inquired if we should let the fire department do their portion and look into doing the City’s portion later when it can be budgeted. Councilmember Bean stated he will commit to them doing this as long as we have the buffer. Stacy asked if he should continue forward with his plan. Councilmember Bean said yes. Stacy asked if he needs a 6 foot fence. Mayor Ard stated there are certain things in code. It was discussed there was 25 feet and that should be plenty. Ron stated this is a PB zone. Councilmember Bean stated whatever is required is what needs to be done. 14. Water Assessment Agreement: Planning Director Ron Folsom explained Item 3E, all they did is change the language. This makes it so we can take the water rights and control them for all the subdivisions. Ron stated this agreement states you can do it by law. It was discussed in some areas they cannot get to the water. Ron stated Jerry would want to know whether it is worth our time. It was discussed that Progressive has the names for water rights. Ron stated that Progressive says that their yearly assessment goes out in October. It was discussed that Ron would get the names from Progressive of those people with water rights. Councilmember Waite motioned to approve the Water Assessment Agreement. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite – yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed. City Council Minutes 08/16/2007 -- 9 15. Resolution 2007-018 Industrial Utility Fee Change: Leslie Folsom stated this is the one we talked about last week. She stated she would like to get it adopted as soon as possible so we can get is corrected and billed. Councilmember Bean stated he told the school district he would look at the rate to see if it is comparable. He stated he feels it is comparable. He explained the rates for the other cities and ours fits well within the parameters. Leslie inquired about sewer rates. Leslie stated we should talk about it again if the schools should be billed metered sewer during the summer months. Councilmember Bean motioned to approve Resolution 2007-018. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. DISCUSSION ITEMS : 1. Bonneville County Commercial Tax Appraisals: Councilmember Thompson stated he and Leslie have been working on this. Councilmember Bean stated a lot of businesses won’t give them their business income statements. Leslie feels if they know we are looking it over, they will be a little more cautious. Councilmember Bean stated our money really comes from new construction. The best we can do is to get the highest value we can from Bonneville County on new construction. Leslie inquired if there is a way to prove what the values really are. Ron said it is based on square footage. He stated when the Legislature meets next year, there is a law they are looking at for setting real estate sale prices disclosure. Leslie commented that Lianne would be willing to come to a work session to explain how the do appraisals. It was discussed she should come. Councilmember Bean told Leslie to give her the Wal-Mart comparisons and see what she comes up with. 2. Well 6 – Hillview Elementary School Property: City Administrator Bruce Rose explained where the well is located. He explained there is a strip of ground of City property, which is a weed patch. It is about 8 foot wide and runs the length of the lot next to it. It is adjacent to the school parking lot. The school district may be interested in acquiring the property for parking purposes. It was discussed we would have to declare it as surplus property in order to sell it. Bruce asked if Council would rather retain ownership and figure out how they could use it. It was expressed that the City should retain the property but allow the District to pave it and use it as part of the parking lot but we can then retain it in case we need it for water lines. Councilmember Waite inquired if the road is ours that goes through the parking lot. Williams Street goes through the parking lot to our land. Bruce stated he would speak to the school district. 3. Cottages French Drains – Increased Costs for Rock: Previously discussed. 4. Misc.: Mayor Ard asked Stacy to speak about the well adjustments to help increase water pressure. He stated they get 44 pounds when they first open the hydrant, then when they open the other one it drops to 14 pounds and 11 pounds of flow, so we gain 5 pounds – that is on the worst one. He explained Majestic View is not even close for fire protection. Bruce Rose talked about bringing a water line up Ross Ave. Leslie stated the notice for candidacy will be in the paper on August 27. Applications have to be in by th September 7. A treasurer, can be youself, and a treasurer can also represent more than one person. It was discussed the seats are already designated. The two year seat is also designated. It was discussed we don’t have a rule for signage for campaign signs. Stacy talked about the previous fire marshal had not followed up on safety issues and now the school district is not happy with the fire department. Their modular’s are not up to code, and they have expenses that are not budgeted for. He felt Council should know the details. Councilmember Kirkham motioned to adjourn to executive session for personnel and litigation issues. Councilmember Bean seconded. All in favor, the motion passed. The meeting adjourned at 11:05 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 08/16/2007 -- 10