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01052012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JANUARY 5, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL THURSDAY, JANUARY 5, 2012 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Coletti Prayer – Councilmember Thompson State of the City Address – Mayor Fuhriman MINUTES: October 20, 2011 CONSENT AGENDA: Business License* Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: 1. Water Bond Closing PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS – OLD BUSINESS: 1.Ordinance #510 – Title 10 Changes (Ron)* DISCUSSION ITEMS – OLD BUSINESS: 1.Dana Kirkham ACTION ITEMS – NEW BUSINESS: 1.Swearing in Officials (Mayor) 2.Election - City Council President 3.Preliminary Plat – Ammonside, Division 4 4.Final Plat – Ammonside, Division 4 5. Development Agreement – Ammonside – Division 4 ITEMS FROM MAYOR: Council Assignments DISCUSSION ITEMS: 1.EITC insert / Utility Statement (Ron) 2.EIRWWA Request for Advance Payments (Dana) 3.Sanitation Billings for Apartments EXECUTIVE SESSION: 1.Personnel Evaluations - Idaho Code 67-2345 (1-b) 2.Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3.Pending Litigation - Idaho Code 67-2345 (1-f) MINUTES City Officials Present: Mayor Steven Fuhriman Councilmember Lee Bean Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti City Attorney Scott Hall City Administrator/Clerk/Planning Director Ron Folsom 15 City Council Minutes 1-5-12 Page of Deputy City Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates Public Works Director Ray Ellis I.T. Director Bruce Patterson Fire Chief Stacy Hyde City Officials Absent: Councilmember Russell Slack 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 led the prayer. State of the City Address – Mayor Fuhriman: Mayor Fuhriman gave the state of the City address: “What a year. As we look toward this upcoming year I’d like to take a moment to briefly review our City’s accomplishments during 2011. The City has been busy. This past spring our Public Works and Technology Departments were able to move into the completed Bruce Ard building located just off of Sunnyside and both departments are very grateful for the additional space. Our newly developed Technology Department finally has their own location to serve as a center for our fiber optic system and our Public Works Department is certainly grateful to able to house their equipment and protect our City’s assets. “Speaking of fiber optics, I’m happy to say we are on schedule with our current build-out and the future is looking very bright for the City due to the investment we have made in this technology. Over the past year, several businesses, both local and out- of-state, have reached out to us inquiring about establishing their services in Ammon and we have a number of contracts already in the works for the leasing of bandwidth. Throughout this upcoming year I hope to work closely with Bruce in our Technology Department to bring businesses to Ammon and help further boost our economy. We have nearly unlimited potential with this project and I am excited to see where it takes us as a city. “As many of you know, this past year a number of roads were a bit difficult to travel. I wish to thank the citizens of Ammon for their patience as we completed the Eastern Idaho Regional Waste Authority Project. I am proud to announce that the project is now all but completed. After we dot a few ‘I’s and cross a few ‘T’s on some paperwork, we can claim success. We all should give thanks to the collaborative efforts of the various departments involved in coordinating the completion of the project. Ammon is now in a much better position for future growth within our city, and we look forward to providing continued service to our existing customers with the state-of-the-art waste management system we now have in place. “We also completed the much anticipated water project this past year and I’m sure many of you have noticed a difference with your service. The city was on track, as of our last figures, to pump approximately 1.6 billion gallons of water last year. That’s about 3,000 gallons per minute, for anyone who wants to know. I am proud to be Mayor of a City that has received the National Recognition Award from the American Council of Engineering Companies for our advanced water system. I want to congratulate our Public Works Department for not only implementing such an incredible water system, but also doing so under budget. Lance Bates, our City Engineer, was privileged enough to attend the Engineering Excellence Award Ceremony in Washington, DC, to represent our City. Thank you Lance, and everyone involved, for your hard work in making this project an award-winning success. “As many of you may be aware, 2011 was an election year for our community. I’m proud to stand here tonight having the opportunity to serve in this upcoming year with the youngest city council in the area. Throughout the upcoming year our city faces a number of infrastructure related challenges as we continue to grow and I know that our new council will bring many new ideas and a fresh perspective in addressing these issues. “Already we are off to a great start and I’m glad to be able to announce that the City of Ammon and the City of Idaho Falls have turned a new leaf in our neighboring relation, furthering our efforts to provide the best possible community for our citizens. I look forward to working with our new city council in the upcoming year on three new committees consisting of council members from both cities created to address collaborative issues between our communities. Our relationship has never been better with our neighbor and I want to thank the City of Idaho Falls and Mayor Jared Fuhriman for putting forth the effort to work with us. As we move into the th New Year with a new relationship I look forward to overseeing our first project together as we tackle the congested Hitt Road and 17 Street intersection to increase the flow of traffic. I know we can do it. “In conclusion, I wish to specifically thank each and every department head. I know this year has been difficult. With many economic factors out of our control, revenues were low, and you all carried on without complaint. The City of Ammon is a growing, close-knit community, but we are still able to provide big-city services to our citizens and it would not be possible without the hard work and out-of-the-box thinking of our city employees. Thank you for all your efforts in keeping Ammon an efficient machine. And thank you to the citizens of Ammon for continuing to have faith in your city representatives and for your continued effort to be involved. I urge you to become more involved in the city and to stand up and let your voice be heard. Please contact us. This is YOUR city. We are YOUR employees. If you have ideas, come and let them be heard. This year will be a very busy year with national politics, but don’t forget your local government is only a few blocks away and we are eager to help improve your life in any way we can. You are what makes this community work. Thank you.” 25 City Council Minutes 1-5-12 Page of MINUTES: October 20, 2011: Councilmember Kirkham moved to accept the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. CONSENT AGENDA: Business License*: Councilmember Kirkham moved to accept the Consent Agenda Business License, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Coletti – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Kirkham asked Jennifer to let her know when the flow charges come in from the City of Idaho Falls. Councilmember Kirkham moved to accept the Accounts Payable – Exhibit - A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FOR/FROM TREASURER: 1. Water Bond Closing: Jennifer explained everything has been submitted for the water bond closure and she doesn’t anticipate any problems. The latest financials are on the website and the W-2’s have been completed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: None ACTION ITEMS – OLD BUSINESS: 1. Ordinance #510 – Title 10 Changes (Ron)*: Ron explained the Title 10 changes.Councilmember Coletti read, “Ordinance #510 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, TITLE 10, PLANNING AND ZONING; CHAPTER 25, I&M-1 INDUSTRIAL AND MANUFACTURING ZONE, AMENDING SECTIONS 10-25-2-(C), 10-25-3, 10-25-6 AND ADDING A NEW SECTION 10-25-9, SPECIAL PROVISIONS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.” I move that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Powell seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed. Councilmember Coletti read, “Ordinance #510 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, TITLE X, PLANNING AND ZONING; CHAPTER 25, I&M-1 INDUSTRIAL AND MANUFACTURING ZONE, AMENDING SECTIONS 10-25-2-(C), 10-25-3, 10-25-6 AND ADDING A NEW SECTION 10-25-9, SPECIAL PROVISIONS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.” I move the adoption of Ordinance #510 as an ordinance of the City of Ammon on its third and final reading. Councilmember Powell seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed. DISCUSSION ITEMS – OLD BUSINESS: 1. Dana Kirkham: Mayor Fuhriman said he wanted to take a few minutes tonight to honor Lee Bean and said he has done a tremendous job for the City and thanked Councilmember Bean. Councilmember Kirkham said Councilmember Bean has made a significant contribution to our community and this City is better because he has been here. Councilmember Kirkham said when she came to the Council six years ago; Councilmember Bean was one of the first to welcome her on. Councilmember Kirkham said, Mayor Ard and Councilmember Bean have been great mentors along the way and she will be forever grateful to them for that. Councilmember Kirkham said one thing she has always respected Councilmember Bean for is his willingness, ability and intestinal fortitude to say the difficult things that needed to be said. Councilmember Kirkham said Councilmember Bean is a great asset to this community, a conscientious Councilmember, a friend, and he will be missed. Councilmember Kirkham presented the gift of a fire pit to Councilmember Bean. Councilmember Bean said when he first came on the Council the City was around 3,500 population, and said the first major th project was resurfacing 17 street. Councilmember Bean said he thought that was a major production, but after 16 years the City has done some monumental things. Councilmember Bean said he has enjoyed the last 16 years and said it has been phenomenal. 35 City Council Minutes 1-5-12 Page of Councilmember Bean said he is going to miss everyone he has been on the Council with and this council is one of the strongest Councils he has been on and said this Council has a lot of wisdom. Councilmember Bean stepped down from office and received thanks for his service from the audience. ACTION ITEMS – NEW BUSINESS: 1. Swearing in Officials (Mayor): Mayor Fuhriman swore in Councilmember Christensen, Councilmember Powell, and Councilmember Thompson as a group and upon their raising their right hands he read; “Do you solemnly swear or affirm that you will support the constitution of the United States, of the State of Idaho, and the laws and ordinance of the City of Ammon and that you will do to the best of your ability faithfully perform the duties of City Councilmember in the City of Ammon, Bonneville County Idaho, during your continuance therein, so help you god. Councilmember Christensen, Councilmember Powell, and Councilmember Thompson stated “I do”. 2. Election - City Council President: Councilmember Powell moved to nominated Councilmember Kirkham as City Council President. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, and Councilmember Kirkham – Yes. The motion passed. 3. Preliminary Plat – Ammonside, Division 4: Ron explained where Ammonside, Division 4 is located.Discussion th ensued regarding the location and the question of a traffic light on 25 East near the future intersection with Judy Street. Councilmember Kirkham asked what Planning and Zoning’s recommendation was. Ron said the recommendation was for approval. Councilmember Kirkham moved to accept the Preliminary Plat – Ammonside, Division 4, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Christensen – Yes, and Councilmember Thompson – Yes. The motion passed. 4. Final Plat – Ammonside, Division 4: Ron explained this is the Final Plat of the same property covered by the Preliminary Plat that was just approved. Councilmember Kirkham moved to accept the Final Plat – Ammonside, Division 4, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Christensen – Yes, and Councilmember Thompson – Yes. The motion passed. 5. Development Agreement – Ammonside – Division 4: Ron explained there is always a boiler plate development or annexation agreement that is the same for all developments. For each specific development, if there is anything the Council wants to take out or add to the boiler plate language, the change is made by adding it as an item in the special conditions section. Ron said there are four special conditions with this Development Agreement, each with Scott’s approval. Ron explained each of the four conditions. Scott explained this gets recorded so it actually becomes a lean against the property if the City ever has to take action to enforce the agreement. Councilmember Kirkham moved to accept the Development Agreement – Ammonside – Division 4, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Christensen – Yes, and Councilmember Thompson – Yes. The motion passed. ITEMS FROM MAYOR: Council Assignments: Mayor Fuhriman distributed the suggested Council assignments. Councilmember Thompson over the office with assistant Councilmember Kirkham, Councilmember Coletti over Public Relations and Communications with assistant Councilmember Christensen, Councilmember Powell over Police, Animal Control & Enforcement with assistant Councilmember Coletti, Councilmember Kirkham over Public Works with assistant Councilmember Coletti, Councilmember Powell over IT, with assistant Councilmember Slack, Councilmember Christensen over Parks & Recreation with assistant Councilmember Kirkham, Councilmember Slack over Fire Department, Budget & Investing with assistant Councilmembers Kirkham and Powell, Councilmember Thompson over Building and Planning and Zoning with assistant Councilmember Christensen. DISCUSSION ITEMS: 1. EITC insert / Utility Statement (Ron): Ron said EITC has requested to have an insert in the utility statement. Ron said the suggested form is available on SharePoint.Councilmember Kirkham said she was concerned about opening up the City to becoming a free mailer. Councilmember Kirkham said she would rather not get involved in sending mailers out, because there are many good causes, but how will you ever define what is appropriate and what is not appropriate. Councilmember Powell said he doesn’t have a problem with anything going in our flier as long as the insert benefits the tax payers of Ammon. 2. EIRWWA Request for Advance Payments (Dana): Councilmember Kirkham said this request came from the last EIRWWA meeting. They are requesting the City make an adjustment and collect in advance. Her personal opinion is she does not 45 City Council Minutes 1-5-12 Page of agree with this, because the City would have to take the payment from reserves.Councilmember Thompson asked if this meant the City would have to take the first payment from reserves. Councilmember Kirkham said yes. Councilmember Kirkham said she is comfortable paying the Region as we are. Lance said he would also prefer to continue paying in arrears. Councilmember Kirkham said it is just more convenient for the Region to have the fees collected ahead of time. Councilmember Thompson said there is nothing in the budget allowing us to change the method of payment. Councilmember Kirkham will let the Region know the City’s decision to continue paying in arrears. Councilmember Kirkham spoke about the flow meter at York Road that Lance requested have a radio tower on it so it would tie into the City’s SCADA system. Councilmember Kirkham said after some discussion the intention now would be for Lance to go to the location and use a jump drive to pull the flow information and be able to read it. Lance said he talked to Dave at Forsgren and they are going to order a tether that will allow Lance to take a notebook or laptop there and connect to it. Councilmember Kirkham asked Lance how often he would gather that information. Lance said that would be up to the Council to determine how often they would like Lance to get flow information.Councilmember Kirkham would like to begin with Lance checking it monthly and reviewing the data. 3. Sanitation Billings for Apartments: Ron explained that he, Councilmember Kirkham, Ray and Rachaelspent some time viewing the sanitation billings for apartment complexes. Ron said what brought this up is, one specific apartment building that has been trying to refinance and is unable to because of the amount of the City’s sanitation fees. Ron explained to the Council how apartment complexes are being billed at the residential container’s rate versus the commercial dumpster rate. Ron said Ray has had his sanitation staff evaluate how often apartment complex trash needs to be picked up. Ron explained that some apartment complexes have been adjusted to lesser pickups when necessary with savings to the owner. Ron said he has a proposed resolution to bring to the next Council to address savings for the apartment complexes. Ron explained the proposed changes to the resolution language. Ron explained issues with businesses the City has allowed to opt out of the sanitation service and the suggested changes. Councilmember Christensen asked if the fee is a penalty for opting out. Ron said yes. Ron said there is a state statute stating we can charge for the service we are able to provide, whether the customer chooses to use the service or not. Councilmember Christensen said he has spoken with a business owner on 17th Street that said he is having an issue with people outside of his area using his dumpster and filling it, and asked if there was anything in ordinance or a law against it. Sergeant Carl Noah said technically you can’t dump in a commercial dumpster, and said it would be a felony littering charge. Fire Chief Stacy Hyde said the firefighters have taken up a few causes and said one of them is the Muscular Dystrophy Association (MDA). Stacy said in the last three years they have collected over $60,000. Stacy said the City of Boise with 250,000 people only raised $40,000. Stacy said the City of Ammon was third in the State. Councilmember Christensen said he wanted to thank Councilmember Bean for his years of service and he is humbled for it. Councilmember Christensen said he is excited for the opportunity to serve. Rachael informed the Council of a dividend received from the State Insurance Fund in the amount of $3,400. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) Councilmember Kirkham moved to adjourn into executive session pursuant to Idaho Code 67-2345(1-c). Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, and Councilmember Thompson – Yes. The motion passed. The meeting adjourned at 8:21p.m. ___________________________________________ Steve Fuhriman, Mayor ______________________________________________ Ron Folsom, City Clerk 55 City Council Minutes 1-5-12 Page of