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05172012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MAY 17, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, MAY 17, 2012 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Colors Presented – Ammon Fire Department Color Guard Prayer – Councilmember Powell MINUTES: March 15, April 5, April 19, 2012 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. Additional Wastewater Facility Planning Study – Information Gathering Survey 2. CUP – Request for Carnival at Sand Creek Plaza 3. CUP – Request to use Single Family Residence as Model Home and Two Offices th 4. Award bid for 17 Street Asphalt Replacement – HK Contractors - $82,028.00 5. Resolution 2012-009 – Utility Fees 6. Proposed Ordinance 518 and Summary – Itinerant Merchants/Door to Door Sales DISCUSSION ITEMS: 1. Repair of Sidewalks by Property Owners 2. Capacity Replacement Fee Presentation 3. Misc. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) MINUTES City Officials Present: Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack (Arrived at 7:20 p.m.) Councilmember Brad Christensen City Administrator/Clerk/Planning Director Ron Folsom 16 City Council Minutes 5-17-12Page of Deputy Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates Public Works Director Ray Ellis City Officials Absent: Mayor Steve Fuhriman City Attorney Scott Hall CALL TO ORDER: Councilmember Kirkham opened the meeting in the Mayors absence at 7:00 p.m. at the City Hall building located at 2135 South Ammon Road. The Ammon Fire Department Color Guard performed the flag ceremony and led the Pledge of Allegiance. Councilmember Powell offered the prayer. MINUTES: March 15, 2012: Councilmember Powell moved to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, and Councilmember Kirkham – Yes. The motion passed. April 5, 2012: Councilmember Powell moved to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, and Councilmember Kirkham – Yes. The motion passed. April 19, 2012: Councilmember Thompson moved to approve the minutes, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Powell – Abstain (Absent), Councilmember Christensen – Yes, and Councilmember Kirkham – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday, May 17, 2012 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Swedish Serenity Massage Therapy – Massage Therapy – 2647 E. 14 N. 2.RENEWALBUSINESS LICENSE APPLICATION: A. Aspen Ridge Chiropractic P.C. – Chiropractic – 3526 Briar Creek Lane. th B. Heartland Pharmacy – Retail Sales – 3250 E. 17 St. th C. Soapy’s Auto Detail – Automotive – 2525 E. 17 St. HOME OCCUPATION PERMITS: 1. RENEWAL HOME OCCUPATION PERMITS: A. Faux Masters Plus – Painting – 3801 Orchard Cir. B. Jo’s Sewing & Quilting – Quilting Service – 4370 Mason St. C. Southwick Black Belt Academy – Instruction – 2250 Bittern LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A. Billman’s LLC. – Restaurant/Retail Sales – 2565 E. 17 St. MOBILE FOOD VENDER LICENSE: 1. RENEWAL MOBILE FOOD VENDER LICENSE: A. Mac’s Snow Shack – Restaurant – 3500 S. Ammon Rd. MASSAGE THERAPIST LICENSE: 26 City Council Minutes 5-17-12Page of 1. NEW MASSAGE THERAPIST LICENSE: A. Collier, Mary Beth – Massage/Integris Integrative Med. Center – 3840 E. Sunnyside Rd. BARTENDER LICENSE: 1. RENEWAL BARTENDER PERMIT: th A. Hinschberger, Scott – Bartender/Cellars – 3520 E. 17 St. ITINERANT BUSINESS LICENSE: 1. NEW ITINERANT BUSINESS LICENSE: A. BC All Natural Meats Inc. – Retail Sales – 1830 Caballero Dr. CHILDCARE/CHILDCARE WORKER LICENSES: 1.RENEWAL CHILDCARE/CHILDCARE WORKER LICENSE: A. Gneiting, Dana – Childcare employee/Acorn Children’s Academy – 1619 S. Curlew st B. Nana’s Daycare & Preschool – Childcare – 2660 E. 1 St. Business License: Councilmember Powell moved to approve the Business License Consent Agenda, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Kirkham asked Ron if he had heard anything from (Iona Bonneville Sewer District) IBSD. Ron said when he checked the other day; the IBSD board hadn’t talked about it. Councilmember Kirkham said the Region is going to begin billing the City for the IBSD customers, so she would suggest if we don’t hear anything from them that we send them a bill. Ron said they would actually appreciate that. Councilmember Kirkham said we have a clear accounting of what they owe. Councilmember Christensen asked about an invoice for Fire Department training. Fire Chief Stacy Hyde said it was for the National Fire Academy and the fees are 100% reimbursed by the National Fire Academy. Councilmember Coletti asked Jennifer about the III-A payment. Jennifer said the City went live with III-A on March 1st and the reason that we haven’t seen an invoice in a while is due to a prepayment. Councilmember Coletti moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) None PUBLIC HEARINGS: None ACTION ITEMS: 1. Additional Wastewater Facility Planning Study – Information Gathering Survey: Lance Bates said at the last monthly update on the Waste Water Facility Planning Study, Keller and Associates presented information they had gathered from the City of Idaho Falls on our sewer system and said what was gathered seemed to be missing a lot of information that we really need. Councilmember Powell asked what was missing. Lance said manhole depths, pipe sizes, and pipe locations, and very few of the documents kept by Idaho Falls had any of that information on it. Lance said the City should look at getting more survey grade data to put into the model before moving forward. Lance said the DEQ (Department of Environmental Quality) was represented at that meeting and Willey said there is the possibility of some funds from the DEQ to help pay for an extra survey to gather more information and more data. Lance said the purpose of this action item was to increase the scope of work to obtain the missing survey grade data. Lance said the cost came back a little bit higher than the amount discussed in the meeting with Jim. Lance said it will cost $45,000 to cover the entire City, which includes $4500 that was in the original scope. Lance explained the cost of the extra survey would be about $40,500. Councilmember Thompson asked if the DEQ was going to match the City’s funds. Lance said he heard a verbal yes. Councilmember Thompson asked Lance if that seemed reasonable to him. Lance said yes. Councilmember Powell asked if the funds were in the budget. Lance said he would have to find the money. Councilmember Kirkham said this came out at the last meeting when they updated us, and our feeling is if we are going to do this, we should do it right. 36 City Council Minutes 5-17-12Page of Councilmember Thompson moved to approve The Wastewater Facility Planning Study, as presented and authorize the Mayor to sign when we have confirmation from DEQ they will have a 50/50 match. Councilmember Powell seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed. 2. CUP – Request for Carnival at Sand Creek Plaza: Ron displayed a map of the proposed location for the Carnival and explained it would be in the parking lot north of Wal-Mart and east of Chuck-a-Rama. Ron said the Planning and Zoning Commission unanimously recommended approval of the carnival. Councilmember Powell moved to approve the Conditional Use Permit – Request for Carnival at Sand Creek Plaza, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed. 3. CUP – Request to use Single Family Residence as Model Home and Two Offices: Ron explained the property location and said they would like to build this home and use it as an office. Ron said nobody will live at the location. Ron said the Planning and Zoning Commission recommended approval. Ron said Shay Higley Construction is the builder that is asking for the CUP, and the property address is 1825 Midway. Ron said Shay is asking to use the house they are currently building as a model home. Ron said currently they have three houses under construction in the City of Ammon and they construct regularly in the City. Ron said the recommendation was to approve, conditioned on a three year term and that the developer maintain a residential appearance. Ron said the Commission voted five in favor and two against. Tom Hunsaker, 2135 South Ammon Road, Planning and Zoning Commission said basically the only people that showed up against, were the immediate neighbors to the south. Tom said they aren’t all together against the idea of a model home, but they would like to limit it to one year. Tom said the neighbors wanted to limit it to one year, two years from two members of the Commission and three years from the rest of the Commission. Tom said the lighting will be the type that goes under the eaves and the applicant would like the one above the door to be on all night to discourage vandalism. Tom discussed fencing, paving, and parking for this request. Councilmember Coletti asked if the concerns of the two Commissioners versus the other five Commissioners were just for traffic concerns. Tom explained there was concern about people coming and going to the model home, but said this business will be open normal business hours. Councilmember Thompson asked if the lots run through there. Ron said this lot was owned by the lady that lives on Sabin and it is completely landscaped. Ron said one of the issues the neighbors next to it had was they had to take trees out, and the lady who sold the lot to the applicants asked that they not put a fence up. Councilmember Slack said his only concern is since there will be a lot of people coming and going, he worries about the front of the yard deteriorating with all the traffic. Tom said that issue was brought up at the Planning and Zoning meeting and said the neighbors might appreciate it not being asphalted because of the storm water collection. Councilmember Slack said he isn’t worried about the water; he is worried about the deterioration of the road from a lot of traffic. Ron said the neighbors have asphalted all the way out to match the City’s asphalt. Ron said the developer is willing to do that, but he would caution asking them for that, because Lance really has to say its ok. Councilmember Slack asked Lance what he thought about the asphalt. Lance said paving all the way out makes the street look a lot wider and he feels there will be increased speeds and with the elementary schools on that street, he would like to keep the speeds down. Lance said he would like to see it landscaped between the edges of the road and where the property is, but the homeowners there will have to maintain the frontage regardless. Councilmember Slack said he is a close friend of this family and so he will be abstaining from the vote. Councilmember Powell moved to approve the Conditional Use Permit – Request to use Single Family Residence as Model Home and Two Offices at 1825 South Midway, for a limit of three years. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Slack – Abstain (Personal Conflict), Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed. th 4. Award bid for 17 Street Asphalt Replacement – HK Contractors - $82,028.00: Councilmember Kirkham said she was reluctant to award this to HK Contractors, because we are in the middle of pending litigation. Councilmember Christensen explained that Scott Hall said it needed to be advertised in the bid that the City excludes anyone with pending litigation. Councilmember Thompson said we should have that language in all our bids. Councilmember Kirkham said it is not a matter of poor quality of work, but it is a problem of them biting the hand that feeds you. Councilmember Kirkham said we do have evidence that we awarded a bid to them that they have now contested saying they underbid it three times what they should have and so how can she have any confidence in their bid now. Lance said the bid is to replace asphalt and is based on the final width for a ½ mile and so there is not a lot of range here. Councilmember Kirkham said she has been on the Council for six years and there has never ever been a project that did not have a change order. Councilmember Kirkham said she will award the bid because she has to, but she will not approve any change orders. Councilmember Kirkham she feels that part of the problem with the bid process in general is in most cases it is underbid and then they come back and say well actually it cost this much. Discussion ensued regarding the change order process. 46 City Council Minutes 5-17-12Page of th Councilmember Powell moved to approve the Award bid for 17 Street Asphalt Replacement – HK Contractors – for $82,028.00 as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. 5. Resolution 2012-009 – Utility Fees: Ron explained there are no changes in cost except for one that went down, and explained the language added for the EIRWWA (Eastern Idaho Regional Waste Water Authority) capacity replacement fees. Ron explained another language change was for a pipe fee because it had been calculated incorrectly. Councilmember Slack moved to approve Resolution 2012-009 – Utility Fees, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, Councilmember Kirkham– Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 6. Proposed Ordinance 518 and Summary – Itinerant Merchants/Door to Door Sales: Ron explained this item has been tabled, because staff had some issues with how it was going to work. Ron said when the PSA (Public Service Announcement) was issued; people came out of the woodwork asking how they were going to be charged for door to door sales. Ron explained he has pulled door to door sales entirely out of this chapter, and at the next meeting he will propose to the Council to adopt a new chapter addressing door to door sales. Ron explained how the City of Idaho Falls processes door to door sales licensing, including background investigations on everyone, and he feels this is a good idea. Ron explained the fees and the time frame for having the background check returned. Councilmember Slack moved to table Proposed Ordinance 518 and Summary – Itinerant Merchants/Door to Door Sales. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. DISCUSSION ITEMS: 1. Repair of Sidewalks by Property Owners: Ray Ellis, Public Works Supervisor said every year staff receives phone calls about participating with helping home owners to replace their sidewalks. Ray explained there was an article in the newspaper about the City of Idaho Falls saying they will come in and remove the old concrete. Ray said this is a service the City of Ammon could also provide. Ray said his department has the equipment and the man power, but of course they would have to limit it and see who qualifies and who doesn’t. Councilmember Kirkham said it could not be for beautification and would have to be if the sidewalk is unsafe and needs to be replaced.Councilmember Slack said he would like to see that being the City’s responsibility. Ray asked about the City offering residents a payment plan to pay it with their utility bill. Councilmember Kirkham feels it is a good idea, but would like Ray to write down the specifications and prepare a policy. Council agreed. 2. Capacity Replacement Fee Presentation: Ron explained that with the EIRWWA (Eastern Idaho Regional Waste Water Authority) the City charges per ERU (Equivalent Residential Unit). Ron said when single family residents pay for a connection to the City of Ammon, they pay $1300 to the City plus $3000 to the Regional. Ron said, but for a business, the City doesn’t charge per ERU in the capacity replacement fee. Ron gave examples of connection fees based on ERU’s and capacity replacement. Ron asked Council if they want to leave the fees the way they are or do they want to change them. Councilmember Kirkham said she and Ron had discussed just leaving it alone for now. Councilmember Kirkham said do not move on to the public hearing step, and she and Councilmember Coletti will work through it. 3. Misc.: Ron said Albertsons and Woodbury have requested to be on the June 14th Agenda, because they hired a Traffic Study Engineer and have come up with two proposals. Ron said General Growth, Target, and Albertsons got together and Ron feels they are going to ask the City to participate in the cost of the traffic study. Councilmember Kirkham would like to review the proposals, and said the Council would be open to considering it. Ron asked the Council about cancelling the July 5th Council meeting. Councilmember Kirkham thought it had already been cancelled. The July 5th meeting was cancelled and the work session scheduled for July 12th was changed to a regular session. Discussion ensued regarding Council summer schedules and necessary changes. Ron informed the Council that the letters regarding weed issues went out, and enforcement officer Shawna Avery has asked if the Council would like her to obtain bids to have them cut and sprayed. Councilmember Kirkham said yes. Discussion ensued regarding whether to cut and spray, or to just cut the weeds. 56 City Council Minutes 5-17-12Page of Councilmember Slack said school is ending and asked if notification has been sent to the schools about the Ammon Talent Show. Councilmember Christensen said yes, Jennifer is taking applications to the schools. He also shared other changes to the parks and pool. They are distributing coupon cards for the hours with lesser use at the pool, a two for one deal to spread the hours out and bring people in. Councilmember Powell said he went by the pool and said opening it up to add tables was a great idea, and he asked if we could do that on the other side. Councilmember Slack said we want to do that, and double the length of the shallow end. Councilmember Christensen said there are new umbrellas. Discussion ensued about furniture at the pool area. Councilmember Christensen said $1500 has been raised for Ammon Days. He asked if any of the Council Members knew of anyone that would like to be a sponsor. Ron asked if he contacted ServiceMaster. Councilmember Christensen explained the conversation he had with ServiceMaster and it sounds like they are only going to have a booth. Councilmember Slack explained how difficult it is to get large donations and the importance to start fund raising early so companies can incorporate the sponsorship fee into their budgets. Councilmember Christensen Slack said the Council needs to send their nominees for the Mayors Committee to the Mayor. Councilmember Kirkham asked about the City of Idaho Falls MOU (Memorandum of Understanding) since they are scheduled to meet with the City of Idaho Falls on Tuesday. Councilmember Coletti said he and Councilmember Christensen have bounced around ideas and Scott has looked at them and he thinks they have a good draft. Councilmember Christensen said our objective is to show we are cooperating with Idaho Falls. Councilmember Christensen said he is not looking at the MOU as a future contract, and it should focus on the present boundaries. Discussion ensued regarding the needs for the upcoming meeting for the MOU with the City of Idaho Falls. Councilmember Coletti said a customer asked him about the City’s emergency preparedness. Ron said the first thing we do is participate in Bonneville County Emergency Management. Ron said in a major emergency, most everything is handled through the County. Ron explained that to receive help for emergencies, it has to be approved by the County Commissioners. Ron said the actions the City took with the flooding in the Cottages had to be approved by the County Commissioners, and our policies are in revision now. Ron said the City has an emergency situation chain of command. Councilmember Kirkham said the she and Ray are focusing on putting together information for the public to understand how long wells would pump in an emergency, where the public could go to get water etc. Councilmember Christensen said the Ammon Fire department on Ammon Days is going to map out the City and go over some emergency management information. Councilmember Christiansen asked if the Council had reviewed the information provided by TRPTA, which shows 17 to 24% of the total urbanized trips are from the 83406 zip code. The City of Ammon accounts for about a 1/5th of their calls. th Rachael asked the Council about moving the meeting of June 21st to the 28, because several staff members will be in Boise at the Annual AIC (Association of Idaho City’s) training. The Council decided to cancel the June 21st meeting and change the June 13th Work Session to a Regular Session. 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 Slack moved to adjourn. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thomson – Yes, Councilmember Powell – Yes, and Councilmember Christensen – Yes. The motion passed. The meeting adjourned at 8:38 p.m. ___________________________________________ Steve Fuhriman, Mayor _____________________________________________ Ron Folsom, City Clerk 66 City Council Minutes 5-17-12Page of