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02022012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 2, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL – AGENDA THURSDAY, FEBRUARY 2, 2012 CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Powell Prayer – Councilmember Slack MINUTES: None ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.Resolution #2012-002 - Adopting Personnel Manual (Ron) 2.Resolution #2012-003 - Adopting Appendix A of Personnel Manual – Drug Free Work Place (Ron) 3.Resolution #2012-004 - Adopting Appendix B of Personnel Manual – Technology Use Policy (Ron) 4.Resolution #2012-005 - Adopting Appendix C of Personnel Manual – Vehicle and Equipment Use Policy (Ron) 5.Ordinance #512 – Title 5 – General Police Regulation Amendments (Ron) DISCUSSION ITEMS: 1.Discussion on hearing for sewer fees (Ron) 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 Dana Kirkham Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack Councilmember Brad Christensen City Attorney Scott Hall City Administrator/Clerk/Planning Director Ron Folsom Deputy City Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates City Officials Absent: None 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 Powell led the Pledge of Allegiance. Councilmember Slack led the prayer. 14 City Council Minutes 2-2-12 Page of MINUTES: None ITEMS FROM MAYOR: CONSENT AGENDA: Business License: Councilmember Kirkham moved to approve the Business License Consent Agenda, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Christensen asked Jennifer about an invoice for a compressor repair for $1,283.18. Jennifer said she didn’t have any more information about the invoice. Councilmember Christensen pulled the invoice and is going to speak to Ken. Councilmember Kirkham asked Lance if the $410,000 was for the completion of the IBSD separator line. Lance said it is not for the completion of the line, and there would be at least two more payments. Councilmember Christensen asked about the credit to Metroquip. Rachael said the credit was for returned items. Councilmember Kirkham moved to approve the Accounts Payable – Exhibit - A, minus the invoice for $1283.18 to Brand X Equipment, LLC. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) Darlene Anderson, 2174 Dakota Lane said she moved to Ammon three years ago. Darlene said since she has been here the utilities have increased several times, and asked the Council if she needed to try to sell her home. Darlene said she is retired and is living on a fixed income. Councilmember Kirkham said the good news is that there won’t be any large increases in the future, but the bad news is that Mrs. Anderson moved to the City at the wrong time, and that’s because the City just passed the water and sewer bonds. Councilmember Powell asked if she was here at the time of the public hearings. Darlene said no. Ken Evans, 2148 Dakota Lane said he moved to Ammon from Southern California three years ago. Mr. Evans is angry about the possibility of having a meter installed at his home, and said he doesn’t like Ammon’s hard water. Councilmember Kirkham explained the reason why meters are being randomly installed throughout the City, and said Mr. Evans doesn’t have to have a meter at his home if he doesn’t want one. Councilmember Kirkham said the Council understood Mr. Evans concerns and dislike of the hard water, but it is a part of living in a desert. Mr. Evans responded he had come from an area in California with equally hard water, but it was treated by the City prior to being piped to people’s homes. The Council explained such treatment is expensive and would force a significant increase in water rates above what they already are, and the majority of the concerns they have received are from people who do not want the City of Ammon to do anything that would change the current quality of the water. Scott said the day may come when the City chooses to meter everybody, and will then bill accordingly. Scott also said he is among those who love Eastern Idaho’s water just the way it is. Councilmember Slack said he appreciates Ken’s comments and concerns, but unfortunately there isn’t anything the Council can do about this issue. PUBLIC HEARINGS: None ACTION ITEMS: 1. Resolution #2012-002 - Adopting Personnel Manual (Ron): Ron explained the changes contained in the resolution. Ron explained the conflict of interest section that was adopted from the State. Councilmember Thompson asked Ron to clarify the meaning of “to the second degree”. Ron said second degree is like your nephew, or grandson. Scott said there is case law that says if you are working for the City and a relative is elected to the City Council it does not disqualify you from continuing to work for the City. Ron explained the section that allows wearing denim to work and read the requirements. Ron read the section regarding the dress code. Councilmember Kirkham asked Ron to take out the word “generally” from the section about facial hair being trimmed. Ron explained the compensatory time section. Councilmember Kirkham moved to approve Resolution 2012-002 – Adopting Personnel Manual, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, and Councilmember Slack – Yes. The motion passed. 24 City Council Minutes 2-2-12 Page of 2. Resolution #2012-003 - Adopting Appendix A of Personnel Manual – Drug Free Work Place (Ron): Councilmember Kirkham moved to approve Resolution 2012-003 Adopting Appendix A of Personnel Manual – Drug Free Work Place, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, and Councilmember Slack – Yes. The motion passed. 3. Resolution #2012-004 - Adopting Appendix B of Personnel Manual – Technology Use Policy (Ron): Councilmember Kirkham moved to approve Resolution 2012-004 – Adopting Appendix B of Personnel Manual – Technology Use Policy, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, and Councilmember Slack – Yes. The motion passed. 4. Resolution #2012-005 - Adopting Appendix C of Personnel Manual – Vehicle and Equipment Use Policy (Ron): Councilmember Kirkham moved to approve Resolution 2012-005 – Adopting Appendix C of Personnel Manual – Vehicle and Equipment Use Policy, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, and Councilmember Slack – Yes. The motion passed. Ordinance #512 – Title 5 – General Police Regulation Amendments (Ron): Ron explained that section 5-2-11-(C) Negligent False Fire Alarms, the Fire Department requested the Council change it to include failure to address reported causes and add a section number four that would read; After written notification from the Fire Department of cause of potential threat of a fire, future calls pertaining to the written notification shall be deemed failure to address reported fire problem. Discussion ensued regarding the penalty amount. Councilmember Christensen read, “Ordinance #512 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, REPEALING, READOPTING, AND RENUMBERING PORTIONS OF THE CITY CODE TITLE 5, CHAPTER 2, GENERAL POLICE REGULATIONS; AMENDING SECTION 5-2-11-(C), NEGLIGENT FALSE FIRE ALARMS/FAILURE TO ADDRESS REPORTED FIRE CAUSES; RENUMBERING SECTIONS 5-2-30 THROUGH 5-2-38 TO 5- 2-32 THROUGH 5-2-40, ADOPTING NEW SECTIONS 5-2-30, ILLEGAL USE OF CITY RIGHT OF WAY, 5-2-31, REVERSE FRONTAGE LOT ACCESS PROHIBITED; AMENDING SECTION 5-2-39, PENALTY; 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 Kirkham seconded. Roll Call Vote: Councilmember Christensen – Yes, Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. Councilmember Christensen read, “Ordinance #512 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, REPEALING, READOPTING, AND RENUMBERING PORTIONS OF THE CITY CODE TITLE 5, CHAPTER 2, GENERAL POLICE REGULATIONS; AMENDING SECTION 5-2-11-(C), NEGLIGENT FALSE FIRE ALARMS/FAILURE TO ADDRESS REPORTED FIRE CAUSES; RENUMBERING SECTIONS 5-2-30 THROUGH 5-2-38 TO 5- 2-32 THROUGH 5-2-40, ADOPTING NEW SECTIONS 5-2-30, ILLEGAL USE OF CITY RIGHT OF WAY, 5-2-31, REVERSE FRONTAGE LOT ACCESS PROHIBITED; AMENDING SECTION 5-2-39, PENALTY; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.” I move the adoption of Ordinance #512 and Summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Christensen – Yes, Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. DISCUSSION ITEMS: 1. Discussion on hearing for sewer fees (Ron): Ron said at the last Regional Board meeting, the board moved to raise the fee to $3,600 for connection to the regional system. Ron said it was their intent to have the Cities make the publications and hold the hearings. Ron said he contacted Scott and asked him if this was appropriate. Ron said Scott’s recommendation is for the Regional to hold the hearings so the public living in unincorporated areas of each county has a chance to speak. Councilmember Slack said it is their fee not the City’s. Lance updated the Council about the Woodland Hills interceptor line. Lance said the line is in, and can be operational. Lance said the City’s crews are going to set up training for a confined space entry and they are going to switch over the lift stations flows into a gravity flow. Councilmember Kirkham asked when the current Woodland Hills pressure line will go off line. Lance said it will go offline when staff has the training day for the confined space entry. Councilmember Kirkham said when that occurs she wants Ron to contact Joe Maughn and Rod Harris and let them know the project is complete. Scott said if staff doesn’t want to talk to them, they can write a letter. 34 City Council Minutes 2-2-12 Page of Councilmember Slack said the City of Idaho Falls flew in the traffic engineer from Boise to go over the traffic maps. Councilmember Slack reported that he had received a report from the City of Idaho Falls indicating the reasons they would like to go with the design they have indicated. Councilmember Slack explained the reason why the City of Idaho Falls wants to eliminate left turns into the Target parking lot, is because it would reduce accidents by 47 percent. Councilmember Thompson said they would have the same result with a light. Councilmember Slack explained stop lights must be placed at least 1760 feet apart to maintain a 40 MPH travel speed, but the Target entrance is so close to the 25th Street light that the study showed traffic would not be able to move any faster than 15 MPH. Discussion ensued regarding the traffic and light study. Councilmember Slack said the City of Idaho Falls’ solution goes against the grain of how people in this area drive. Councilmember Slack said the developers on either side of the road need to be part of the solution. Councilmember Kirkham needs the Mayor to sign the Interconnection for Fiber letter to the City of Idaho Falls requesting to be on the next Council Agenda. Councilmember Powell asked Lance if he has been able to read the flow meter on York Road. Councilmember Kirkham asked if we can get the data in the appropriate format. Lance answered no. Councilmember Kirkham told Husk we want to read the meter. Husk said he will work on getting it taken care of and, so Lance can get the reading in whatever file type he needs. Lance will set up a time with Dave Noel to go read the meter. 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&F). Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 8:25 p.m. ___________________________________________ Steven Fuhriman, Mayor ____________________________________________ Ron Folsom, City Clerk 44 City Council Minutes 2-2-12 Page of