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02072013CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 7, 2013 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, FEBRUARY 7, 2013 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Powell Prayer – Councilmember Slack MINUTES: January 10, 2013 ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: Audit Presentation Galusha, Higgins & Galusha PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.Authorize Mayor to sign – Dark Fiber Lease Agreement – Sprint Wireless/Majestic Tower 2.Authorize Mayor to sign – Dark Fiber Lease Agreement – Sprint Wireless/Teton Mall Tower 3.District 93 Fiber Contract – Initial Draft Approval 4.Authorize Mayor to sign – Letter of Support – University of Utah Grant DISCUSSION ITEMS: 1.Use of Pool for Ice Diving Training – Bonneville County Sheriff Dept. 2.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: Mayor Steven Fuhriman Councilmember Dana Kirkham Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack City Attorney Scott Hall City Clerk/Administrator/Planning Director Ron Folsom Deputy City Clerk Rachael Brown City Treasurer Jennifer Belfield Public Works Director Ray Ellis I.T. Director Bruce Patterson Fire Chief Stacy Hyde City Officials Absent: Councilmember Rex Thompson Councilmember Brad Christensen City Engineer Lance Bates 15 City Council Minutes 02.07.2013Page of CALL TO ORDER: Mayor Steven Fuhriman opened the meeting at 7:02 p.m. at the City Hall building located at 2135 South Ammon Road. Councilmember Powell led the Pledge of Allegiance. Councilmember Slack offered a prayer. MINUTES: January 10, 2013: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FROM MAYOR: Mayor Fuhriman thanked Public Works Director Ray Ellis for the great job of snow removal, and said he has received several good comments from the citizens. CONSENT AGENDA: Business License: None for Council approval Accounts Payable – Exhibit A: Councilmember Slack asked Jennifer if the City has received the last bill from Knife River yet. Jennifer said Randy was trying to follow up with Knife River because their sub-contractor needs to complete the final items (painting) on the punch list, and she is checking to see if the City can withhold the amount owed for the subcontractor and close everything else out. Discussion ensued regarding the delay in completing the project. Councilmember Slack moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Jennifer introduced Judy Brower who is with Galusha, Higgins & Galusha and said she is here tonight to present the City’s Audit to the Council. Judy Brower, Galusha Higgins, Galusha distributed a copy of the audit to each councilmember and said if the Councilmember’s have questions during her presentation, to feel free to ask. Judy said this year one of the more notable things is the sewer project. The Council will see it going off of the City’s books and going to the Wastewater Authority. Councilmember Powell asked Jennifer who audits the Wastewater Authority. Judy said she believes the auditor is Ferrell Steiner. Councilmember Kirkham said they present to the board just like the City’s auditors do. Judy explained the Financial Auditors report, which states the financial statements belong to the City, and the auditors are simply giving an opinion. The management discussion analysis is something the City’s management puts together; which is very helpful because it gives more comparative detail, whereas the actual financial statements are just for a single year. Judy explained some of the key differences between this year and last year. Judy explained the governmental activities are up slightly in revenues. Business type activities dropped, primarily because the City has been receiving a fair amount of money from the Army Corps of Engineers to help with the sewer project, but as the project was wrapping up, the City only received a little bit of it this year. Judy explained the Financial Statement and Independent Auditors Report and answered the Council’s questions. Judy thanked the Council. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: None ACTION ITEMS: 1. Authorize Mayor to sign – Dark Fiber Lease Agreement – Sprint Wireless/Majestic Tower: Councilmember Powell moved to approve the Dark Fiber Lease Agreement – Sprint Wireless/Majestic Tower, and Authorize the Mayor to sign. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. 2. Authorize Mayor to sign – Dark Fiber Lease Agreement – Sprint Wireless/Teton Mall Tower: Councilmember Powell moved to approve the Dark Fiber Lease Agreement – Sprint Wireless/Teton Mall Tower, and Authorize the Mayor to sign. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. 3. District 93 Fiber Contract – Initial Draft Approval: I.T. Director Bruce Patterson explained the contract narrative, and said he tried to make it extremely transparent and feels anyone can read it and understand exactly what the City will be charging and how much it costs. Bruce said District 93 came back and said they wanted schedule A. Schedule A is from their Tech Center to Lincoln High School, to Falls Valley, to Sand Creek, and to Hill Crest High School. Councilmember Kirkham asked if Bruce can get to Lincoln High School. Bruce said currently our closest fiber is at 14th North and Terrill because we have the cell tower on the north side. There is a substantial amount of construction required outside of our city limits. Councilmember Slack asked Bruce if the City is 25 City Council Minutes 02.07.2013Page of requiring them to get permits. Bruce asked Scott Hall to address the joint powers. Scott said Dave Shaw, the attorney in Utah recommended a joint powers agreement.Discussion ensued. Councilmember Kirkham moved to approve the District 93 Fiber Contract – Initial Draft. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. 4. Authorize Mayor to sign – Letter of Support – University of Utah Grant: Bruce explained that the University of Utah has been working with a business branch of Albion Telephone Company and have been paying money to the University of Utah for work on starting to develop a management system. There is some grant opportunity from National Science Foundation where they do what they call a technology transfer to small business. The concept is that they will participate in some work with the idea of handing it off to small business with the hope that it will get commercialized. Bruce said this is very similar to what we are doing. Bruce said the grant became available and they are going to apply and try to get a one million dollar grant to give the University of Utah which means that Albion would no longer have to pay for this development. Bruce explained he drafted this and the Mayor signed it ahead of time because the deadline was yesterday, but if the Council does not approve it, then he will have to revoke the letter.Councilmember Kirkham moved to Authorize the Mayor to sign – Letter of Support – University of Utah Grant. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. DISCUSSION ITEMS: 1. Use of Pool for Ice Diving Training – Bonneville County Sheriff Dept.: DeputyMichael Vasquez, Bonneville County Sheriff’s Department and is also one of the Ammon Deputies said he is one of the members of the aquatic rescue team for the Sheriff’s Office. Deputy Vasquez said there are several new members to the dive team and some of the team is getting a little older. Deputy Vasquez said they have a new and upcoming group of divers and the pool would give them a controlled environment for training. Deputy Vasquez explained the benefits of using the pool for their ice dive training. The Council said they are happy to allow the officers the use of the pool. Scott Hall prepared a release waiver for each of the participants to sign. Deputy Vasquez said at the last two big snow storms, the City of Ammon’s response to the sand issues on the intersections have been ten times better than the City of Idaho Falls. The Public Works Department did a fantastic job. 2. Misc .: Jennifer said that the Ammon statistics have been placed on the SharePoint website, and after the next Council session when the audit is approved she will post the statistics and the audit to the website. Bruce said the University of Idaho Center for Advanced Energy Studies had a technology transfer summit. Bruce said the purpose of the summit was to demonstrate support for the INL to encourage its continued funding. Bruce displayed a photo of the City’s fiber demonstration system. He felt it went really well and said it was good practice for them. Bruce said part of the grant requirement is that we identify cost, architecture, and barriers, and specifically the grant application states that they aren’t really technological barriers. Bruce feels the significant things they need to overcome are not to make this work; that’s really been quite easy. Councilmember Powell asked about the reception Bruce received. Bruce said it seems the first question the public asks is about security. Bruce said he didn’t participate in the demonstration; it was done by the Ph.D. who was the primary awardee. Bruce said Milo stated at the end of his speech that the project was brought to them by ATC and the City of Ammon. Bruce said the biggest question was why we are doing this. Councilmember Kirkham asked Bruce who the audience was comprised of. Bruce said primarily the bulk of everything had to do with energy. Bruce said he was proud of how the City of Ammon’s portion was presented, because it showed real work. Discussion ensued regarding the presentation and open-flow. Ron said the sheriff asked us for a vagrancy ordinance, so he did some research and asked Scott for help. He could not find that Idaho Falls had one. He asked Jason Sorensen to get Bonneville County’s and they don’t have one. Scott Hall said, “Which is interesting, the county asked us to have a vagrancy ordinance and they do not have one”. Ron checked the top twenty populated cities in the state, searched their code for vagrant and for transient and came up with a few. Chubbuck, Rexburg, Boise, and Blackfoot, plus Cedar Rapids Iowa have one. Out of the twenty largest cities he found a reasonable four. The question is how far Council will want to go. Councilmember Coletti said he thinks it would be good to have a committee discussion with a few from the Council, a few from the sheriff’s department and some from staff. And give people an opportunity to review and discuss, throw out some ideas. Then come back for an executive session. Councilmember Kirkham said she thinks the sheriff is saying it is more than having the ordinance; it is also about educating the public about vagrancy. Scott said his understanding is they are requesting this because periodically you have someone standing on the street corner with their sign. He asked is this an issue. Councilmember Kirkham said she thinks it has been an issue. She does not think the issue was standing on the corner but when vagrants were living under the bridge at Wal-Mart and 35 City Council Minutes 02.07.2013Page of around the canal bank behind the homes in the Hilldale subdivision. We did not have an ordinance to address that. Scott said he thinks the sheriff’s office can chase that out. Councilmember Slack said he feels it’s a problem for the individual businesses owners on that corner. Councilmember Coletti said they go into the businesses. The owners wish they would go away, but what can we do. Councilmember Kirkham said she felt the sheriff’s point is the constituents are being taken advantage of. In most instances, this isn’t truly vagrancy. This is a compassionate community people are willing to give. Scott doesn’t see it as an issue and feel it is kind of like certain cities are pushing anti discrimination ordinances. The question is do we have a problem. If there is a problem legislate it, if we do not have a problem what is the point in legislating other than to look good. If we do not have an issue should we legislate how people want to be charitable. Discussion ensued regarding the panhandlers in the City of Ammon. Councilmember Powell will discuss with the sheriff why the department feels there is a need for an ordinance. Ron received an email from Marilyn with the Bonneville County Library District. They are currently budgeting in the next fiscal year and looking for grants to put a drop box in this area, and asked where would be a good location. Ron suggested putting one at the City building or at K-Mart. Ron said Marilyn suggested Wal-Mart, because there is more traffic, but K-Mart has easier access. Ron explained the box is six feet by four feet and loads from the back. Ron asked the Council did they want the box here at the City office if they are able to make it assessable from the front, or should he recommend K-Mart as the location. Councilmember Kirkham said it would be nice to do it here, because there has been so much interest in the library; if we could figure out how to have the box and also be able to handle the traffic at the City building. Ron said they are estimating six hundred books per week. Discussion ensued regarding placement of the book drop. Stacy Hyde, Fire Chief said the Council authorized the fire department to get new SCBA’s (Self Contained Breathing Apparatus), but the old SCBA’s that we replaced have now come off under the grant guidance and can be sold. They have twenty two low pressure SCBA’s, twenty two bottles, and thirty six masks. Stacy has been in contact with the vendor, and the vendor thinks they could get $500 per set up. Councilmember Kirkham asked which organizations would want to purchase them. Stacy said other fire departments that don’t have them, mining corporations, and any number of organizations would be interested. Stacy recommendation is put the equipment out to a public bid, with a minimum bid amount of $7,500. Stacy said recently they were performing extraction training. The department’s tools are close to twenty years old and were received through a donation from the National Guard. During the training they found that their tools would not cut through the hardened steel in the newer car posts in the passenger compartments. As they started to pull doors apart by separating the hinge from the doors, they broke the tip off of one of the tools. The tips have to be purchased in pairs, and will cost approximately $2,000. Stacy has spoken with three different representatives, they said our tools weren’t designed for any cars newer than 1997. Stacy said rather than investing money into more old tools that will not do the job, he would like to use some of the Fire Departments reserve funds to purchase new extrication tools and a pump. He has worked really hard on one vendor to push down their price. The vendor is willing to sell a set of demo extrication tools. The pump has run twenty hours and the tools have run three to four hours total. It has a separate cutter, a spreader, the pump and hoses new price would be $21,000. He is willing to refurbish all the tools back to new for $13,000 delivered. Stacy is requesting if he can use some of his reserve funds because this is an unexpected expenditure and would like to purchase those tools. Councilmember Powell asked how much is there in the reserve fund. Jennifer said $148,000 Councilmember Kirkham asked Councilmember Slack what his opinion. Councilmember Slack said the issue is the tools they have now cannot handle the re-enforced steel. Stacy said the tool he is looking to purchase has a lifetime warranty as long as we have them in service. They do not set a time frame. The expected life is ten years. The Council is fine with the purchase. Stacy would like to integrate EMS (Emergency Medical Service) in the next fiscal budget. Councilmember Kirkham said we can’t afford it. Stacy said he feels we can afford it. Councilmember Kirkham asked Stacy to bring it to a work session. Discussion ensued regarding reasons why the Council would not want EMS. Councilmember Kirkham spoke to the Council about the need for the screens at the wastewater treatment plant. Discussion ensued regarding the wastewater treatment plant. Councilmember Kirkham said we need the screens, and they need us to use our portion of the bond to pay for it. Councilmember Powell said we need to get the bond closed. Councilmember Kirkham said she doesn’t believe we need Forsgren to set up the district. Councilmember Powell thanked Ray for the great job his department has done with the snow removal. Discussion ensued regarding some icy road issues. Councilmember Powell said the entire Crowley Road needs to be redone. Councilmember Kirkham asked if Intermountain Gas has some liability. Councilmember Kirkham will contact Roger on the County Commission. Councilmember Powell moved to adjourn. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed. 45 City Council Minutes 02.07.2013Page of The meeting adjourned at 9:00 p.m. ______________________________________________________ Steven Fuhriman, Mayor __________________________________________________ Ron Folsom, City Clerk 55 City Council Minutes 02.07.2013Page of