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Council Minutes 06/06/2002 CITY OF AMMON June 6, 2002 Minutes of the Regular Meeting of the City Council: The meeting was called to order by Council President W. Lee Bean at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following: City Officials present Council President W. Lee Bean Councilmember Karen Anderson Councilmember Leslie Folsom Councilmember Randy Waite Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson Deputy Clerk Deon Cole others Present: Jay Johnson, Rockwell Homes Alan Cunningham, Mountain River Engineering Mark Johnson, Rockwell Homes Layne and Judy Larsen, 3110 East Sunnyside Road, Ammon Todd and Terri Johnston, 3760 Georgia Lane, Ammon Katrina Witt, 2970 Brownstone Court, Ammon Dana Kirkham, 2395 South Fieldstone Court, Ammon George McDaniel, Developer of Quail Ridge, 2424 South 60th East, IF Dave Chamberlain, 2777 South 45th East, Idaho Falls Absent: Mayor C. Bruce Ard City Clerk Aleen C. Jensen Councilmember Anderson led the Pledg& of Allegiance to the Flag and Councilmember Waite offered a prayer. Katrina Witt, 2970 Brownstone Court, requested a Home Occupation Permit for a pre-school. She wants to have two different age groups, one for three- year olds and one for four-year olds. She is a licensed teacher. She plans to have two classes on Tuesdays and Thursdays. In order to be licensed as a pre- school in the State of Idaho she has to be licensed as a business in the City of Ammon. There will be twelve children in each class. She will be using one room in the basement, and it has two different exits. Home occupation permits require that the home occupation use "no more floor space than the equivalent of twenty- five (25) percent of the ground floor area of the dwelling." The Council expressed concern about the square footage of floor space to be used for the pre-school and the amount of traffic that will be generated. Katrina asked for City Council Meeting, June 7,2002 - Page 2 permission to have her husband measure the square footage of the main floor of the house and the square footage to be used for the pre-school. Action was deferred until later in the meeting to allow Mr. Witt to provide square footage measurements. Councilmember Anderson explained that the Council just needs to make sure that residential areas are kept residential. Dana Kirkham, 2395 South Fieldstone, had concerns about charge for garbage service even if the service is not used. However, she was not ready to discuss the garbage issue. She did address the state of the subdivision, The Cottages, in general concerning water problems and the street problems. The streets are a mess. There has been sinking of the trenches, and there are sizeable gaps filled with gravel. There is nO sign of pavement coming soon. There is a discrepancy as to whether the problems belong to the developer or to the City. The City has a vested interest in the subdivision, but the streets and water are not the City's responsibility until they are completed and accepted for maintenance. Councilmember Bean said there were a significant number of complaints about the water service. He moved to not issue another building permit or certificate of occupancy for The Cottages until the City has a firm plan as to when the street problems will be solved and the well and pump will be in. Discussion on the motion brought out that stopping issuance of certificates of occupancy hurt the property owner and not the developer. Council member Bean amended the motion to stop the issuance of building permits. Councilmember Folsom seconded the motion. No vote was taken on the motion. Public Works Director Wadsworth explained the developer's street plans, as he understood them. Ms. Kirkham said that she understood the City could handle the water for The Cottages until the pump was ready. She has been working with Scott Pickett on that problem. At this time, George McDaniel, developer, walked into the meeting. George McDaniel was asked to address a time schedule to get the streets in shape in The Cottages and to address the time frame for the well. Brad Pickett has a contract with a company out of Rexburg to come do the streets in The Cottages. He was given a time period of two weeks, so the contractor should be on the job in the near future. Regarding the water, part of the problem is the City of Ammon is the primary source of water for Quail Ridge. When the booster pump comes on, it pulls more water than City of Ammon can provide based on hydraulics. A variable speed pump has been ordered, and it should be delivered in five days. The variable speed pump comes on slowly, pressures up and pressures back down depending on how much volume is needed in Quail Ridge. There won't be any City Council Meeting, June 6, 2002 - Page 3 water surges. Engineer Manwi/l added the variable speed pump will improve the situation, but it will not solve all of the problems. The developer is waiting on the 10,000-gallon pressure tank to proceed with the water system. It has been ordered, but it will take six weeks. The City Officials have been looking at a June 15 completion date to get the well on line. Now June 15 is almost here and it is going to be another six weeks. The developer has had problems with the pump company. The problems have been solved and the project is moving forward. The City Council discussed concerns about all of the delays and the many complaints of the individuals who are building in the subdivision. George McDaniel was instructed to communicate with the City and to keep us informed about how things are being handled. The Council gave further consideration to a moratorium on building permits in The Cottages and Quail Ridge. Council member Bean amended his motion to suspend all building permits in the Cottages and Quail Ridge until such time as the City of Ammon has a Performance Bond satisfactory to the City and satisfactory to the City Attorney that provides the City the assurance that everything is done and to give the developer a deadline of six weeks or the City exercises their rights under the Performance Bond in the amount of one and one-half times the bid to get the well done. Councilmember Folsom seconded the amended motion. Roll call vote: Bean - Yes; Folsom - Yes; Anderson - Yes; Waite - Yes. The motion carried unanimously. Councilmember Waite suggested that the developers come back to the next City Council meeting to report on how the variable speed pump is working and on the progress on the roads. The developers were requested to be at each City Council meeting to report on the progress. Council member Bean recommended that when lots are sold for Quail Ridge that a one-inch water line is not sufficient to provide all the water for the house plus the sprinkler system for the large lot. He encouraged buyers to require a one and one-half inch water connedion. The next item of business was a review of the building plans for Terri and Todd Johnston, 3760 Georgia Lane. There have been considerable questions relative to their plans. The plans were displayed and square footages were noted. The main floor area is 1372 square feet, the garage is 924 square feet, and the gym is 1425 square feet. Terri understood that all the area she has to count for her home occupation permit is what she actually uses for gymnastics. She uses three full sized mats to teach on. The mats are 6' wide and 40' long, which adds up to 720 square feet. The trampoline is 7' X 14' or 98 square feet. Terri contended she does not use all of the available area to teach gymnastics. Her house is first a home and second to teach gymnastics. City Council Meeting, June 6,2002 - Page 4 The house is designed for a larger family recreation area than will be used to teach gymnastics. Terri can rope off the teaching area. The area estimated to be used for teaching gymnastics is: 6' mat X 56' long = 336 sq. ft.; 40' mat X 12' long = 480 sq. ft.; entire trampoline 7' X 14' = 98 sq. ft. for a total of 914 sq. ft. It seems we are only looking at the negative things. The house plans cost $7,000 to be in compliance, and they are for a beautiful house. The home occupation permit requirements were reviewed. Councilmember Anderson expressed her opinion that the whole house has been designed around the permit, and it violates the spirit of a home occupation permit. The City Council discussed with Terri how she plans to comply with the home occupation permit requirements. Terri had 62 students at her program. The maximum number of students that she has had is 105. She would like to have between 90 and 100 students. She has fourteen classes. Classes are taught two afternoons on Monday and Wednesday. Also, she teaches in the morning for one hour before school four days of the week. Terri's gymnastics program is more friendly to a neighborhood than a day care or a pre-school. Councilmember Bean stated the position that, if Terri Johnston has approved plans and the home is built according to the approved plans, the City Council knows what the building is going to be like. The City Council needs to come to a resolution so the Johnstons can get on with their lives. The discussion continued on whether Terri has a home occupation permit and whether she needs to come back after the home is built to establish if the home occupation permit requirements are met. Councilmember Bean moved that we allow the home occupation permit to stand as issued and to allow Terri to go ahead and build this home and utilize it as we have discussed tonight with these plans. Councilmember Folsom seconded the motion. Roll call vote: Bean -Yes; Folsom - Yes; Anderson - No; Waite - No. The vote was tied. Councilmember Waite voted No because he had concerns with the 25% requirement. The City Council has whittled. He thinks the whole gym is going to be used, and he thinks it should be counted. There was discussion on how the Council can justify approving day cares in regard to the 25% requirement. Councilmember Bean said the square footage appears to fit and she is not changing from the previous numbers. He had difficulty understanding what the problem is with the home occupation permit. He wondered if there was some concession to accommodate the Johnstons so they are able to move forward. Councilmember Folsom explained that, if she did not allow Johnston's permit, City Council Meeting, June 6, 2002 - Page 5 that she would be treating them differently than the Council treats day cares. Day cares are allowed the use of their house. Council member Anderson said she has never felt like a commercial gym belongs in a residential neighborhood. Councilmember Bean called for further discussion. How do we proceed? Attorney Anderson advised, "It has not passed. It has not been defeated. If you have a tie vote and no person to break that tie, whoever has voted in the affirmative can move for a reconsideration and defer it to the next meeting when you have all five present to have another vote taken." The discussion continued. Johnstons can build the home, but she does not want it if she can not use it. Council member Anderson voted No because it is a whole commercial enterprise with a home designed around it. Todd Johnston said the dimensions of the room have been designed to play basketball and to have fun in. It is bigger than what Terri needs. The only reason the room is as big is so they can utilize the home for more than just a business. He can not afford the house if they cannot teach gymnastics. Attorney Anderson recommended a motion to defer. Council member Bean moved to defer this matter to the next City Council meeting, probably June 27, at which time we will have a full quorum plus the Mayor to reconsider the house plans for Terri Johnston. There was a discussion on the date, and the discussion took over. There was not a second to the motion or a vote. Layne Larsen, 3110 East Sunnyside Road, added comments on home occupation permits. This prompted more discussion. Councilmember Bean stated, "We are off the subject now. We need to move on with our agenda. I guess, Terri, what I would ask you to do is to come back on June 27. I do not have a choice at this point in time." Katrina Witt reported that her husband measured their basement room. It is 12.5' X 34' or 459 sq. ft. She should be able to have ten students in a pre-school according to the fire code. The top floor is approximately 1700 to 1750 square feet. The home square footage is about 3400 to 3500 sq. ft. Based on the size of the room she does not meet the home occupation permit requirements. Katrina was asked to measure the exterior of her house and subtract the garage. Judy Larsen, 3110 East Sunnyside Road, reported back ollher request for a Mobile Food Vendor license to sell ice cream treats throughout the City from a vehicle. No action was taken at the last meeting because the City Council required her to license the vehicle. She went dQwn to Bonnevill~ County to license it and it can not be licensed. She read the Stat", law regarding licensing of City Council Meeting, June 6,2002 - Page 6 slow moving vehicles with a maximum speed of less than twenty (20) miles per hour. "Vehicles identified in I.C. 49-426 are not required to be titled or registered and may be operated on the highways under certain restrictions." The restrictions depend on the City and the County. There is a yellow caution light on the vehicle and there is a "slow moving" triangle on the back. Council member Anderson moved to approve the business license for Judy Larsen's ice cream vehicle on the condition that she can show proof of commercial liability insurance in a minimum amount of $250,000 when she comes to the City Office to pay the license fee. Councilmember Waite seconded the motion. Roll call vote: Anderson - Yes; Waite - Yes; Folsom - Yes; Bean - Yes. The motion carried unanimously. Tom Hunsaker reported on the Planning and Zoning Commission meeting held June 4, 2002. There were two main items of business. One item was a public hearing to annex property south and west of The Cottages where the water and sewer lines run from Crowley Road to The Cottages. The request came to the Commission in March and it was thought that it was not ready to be acted on. It went back to the owners for changes. There was a dispute with the neighbor over the property line. This has been taken care of. Another issue was that some of the surrounding properties may want to be annexed, but there has not been any interest. Tom Hunsaker explained about the boundaries of the property and how it is contiguous with City of Ammon. The developer wants to annex the property because of a mistaken perception that since it was within three hundred (300) feet of utilities that Bonneville County would not approve it. Therefore, they had to annex to Ammon. Since this is within the City of Ammon's impact area and is in an area that we are interested in, the Commission would like to annex it. At the present time, it may not be the ideal shape. The property fits our master plan and the zoning is right. All seven of the Planning and Zoning members who were present at the hearing voted to recommend to the City Council approval of annexation with an initial zone of RP. There was no opposition at this hearing. However, at the hearing in March there was opposition. Mark and Jay Johnson explained that the major opposition was with the Whitings because of a property line dispute. Other issues were assessed valuation for taxing purposes, utility hook up requirements, and maintaining the ru ral setting. An adjacent property owner, Dave Chamberlain, 2771 South 45th East, expressed his opinions to the City Council regarding annexation. There was considerable discussion about the long cul-de-sac and a road system to tie in with possible future development. Alan Cunningham of Mountain River Engineering said they had asked the City Council to consider two items. One was approval of annexation and one was for approval of the Preliminary Plat. Approval of the Preliminary Plat would allow the developer and the engineer to City Council Meeting, June 6, 2002 - Page 7 start drawing a Final Plat. The Final Plat and the Development Agreement could anticipate future development and provide a connecting road to be stubbed out. Councilmember Folsom moved to not require a second public hearing before the City Council to consider annexation of the property to be known as Cottonwood Hills Estates. Councilmember Anderson seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously. Councilmember Folsom moved to allow annexation of this property with the road being a private road, a gated community, and a road stub out to the north. Attorney Anderson advised on annexations that you do not include conditions. The City Council annexes the property and then includes the conditions on the plat and in the development agreement. This promoted further discussion on private road versus public access. Councilmember Bean moved to approve annexation of Cottonwood Hills Estates as proposed on the plat and approved by the Planning and Zoning Commission subject to an acceptable development agreement. Councilmember Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Anderson - Yes; Waite - Yes. The motion carried unanimously. Council member Bean moved to approve the Preliminary Plat of Cottonwood Hills Estates as presented with a public road. Council member Waite seconded the motion. Roll call vote: Bean - Yes; Waite - Yes; Folsom - Yes; Anderson - Yes. The motion carried unanimously. Jay Johnson, 2125 Cabellaro Drive, reminded that a meeting was set up with the neighbors to solve the irrigation ditch that brings the water from the north between McDonalds Farm and Briarwood Division No.6. The meeting was cancelled because of a public hearing on annexation, which involved the people who use the ditch. Jay Johnson proposed the City Council go ahead to approve the plat of Briarwood Division No. 6 with the knowledge that the developers are going to work out the irrigation problem and the road. The undeveloped twenty- seven (27) feet strip of land can easily be deeded to the owners in McDonalds F arm and left in Bonneville County. The ditch needs to be solved and it needs to be cleaned up. Jay believed the best way to solve the ditch is to put a pump out on Ammon Road going in to the big 48" pipe, which the Irrigation Company has approved. This is contingent upon the eleven homeowners approving the method of the water being delivered to them. Details of the irrigation ditch were discussed. Jay Johnson opposed putting on a restriction that he can not get a building permit on any of Briarwood Division No.6 until the road and ditch are solved. He City Council Meeting, June 6,2002 - Page 8 will agree to work to solve the problem, but he will not agree to the stipulation that building permits will be held up on seventy lots. The City needs to have reassurance that the problem will be solved. As a team, the City of Ammon, Bonneville County, and the developer can work out a good solution. Councilmember Folsom moved to approve the Preliminary and Final Plat of Briarwood Division No.6 subject to a development agreement that provides for a road to connect with McDonalds Farm; the twenty-seven (27) feet of road to be built at the expense of Jay Johnson, the developer, when the street in Briarwood Division NO.6 is built; Jay Johnson will work with Kelly Howell to get the 27 feet of vacant property deeded to the McDonalds Farm property owners and solve the ditch problem. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. The City Council set Thursday, July 11, 2002, for a public hearing to consider the request for rezone from R-1 to C-1 of property located on the southwest corner of Crowley Road and 17th Street in Eagle Pointe. A hearing on annexation of the County Islands could also be held on this date if everything is ready for action. Katrina Witt came back to report on the square footage for her home occupation permit. The number is 1834 square feet. Councilmember Folsom moved to accept Katrina Witt's pre-school home occupation permit. Councilmember Anderson seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously. Jay Johnson asked to meet sometime with Councilmember Folsom about the park in Eagle Pointe to see what he could do to help with the project. Attorney Anderson introduced Ordinance No. 308, which vacates Emerald Drive and a portion of Chasewood Drive in the Oak Ridge subdivision. He explained the hearing has been held and approval was given. We held up passage of the ordinance pending completion of Wal-Mart annexation. Attorney Anderson read Ordinance No. 308 in full. Councilmember Folsom moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Anderson - Yes; Waite - Yes. The motion carried unanimously. Coucilmember Folsom moved the adoption of Ordinance No. 308 as an ordinance of the City of Ammon on its third and final reading. Councilmember City Council Meeting, June 6,2002 - Page 9 Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Waite - Yes; Anderson - Yes. The motion carried unanimously. Attorney Anderson introduced Ordinance No. 309 to rezone to HC-1 the property purchased from Oak Ridge by Wal-Mart. Ordinance No. 309 was read in full. Councilmember Folsom moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three readings of Ordinance No. 309 be waived. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Anderson - Yes; Waite- Yes. The motion carried unanimously. Councilmember Folsom moved the adoption of Ordinance No. 309 as an ordinance of the City of Ammon on its third and final reading. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Jeff Freiberg of Harper Leavitt Engineering presented the Second Amended Plat of Oak Ridge Division No. 1 and the Final Plat of Sand Creek Place Division NO.1. The plats had been approved contingent upon completion of the ordinance to vacate Emerald Drive and a portion of Chasewood Drive and the ordinance providing rezone to HC-1 of the property Wal-Mart purchased from Oak Ridge. This completed action for Wal-Mart. The plats can be recorded and the Wal-Mart building permit can be issued. There was a discussion about what to do about the public hearing for the sideyard variance at 2705 Sawtooth. The hearing has been advertised for June 20, but there will not be quorum. Attorney Anderson advised that those who will be available should plan to meet on June 20 and defer action until a later date, probably June 27 or July 11, 2002. Attorney Anderson prepared an amendment to Ordinance No. 307 to specify the positions the City Council wants to require FBI background checks on. It has been submitted to the Idaho State Police for approval. Council member Bean moved to approve the temporary fireworks permit for TNT Fireworks in Albertson's parking lot contingent on compliance with requirements specified in the City Code and the approval of the Fire Department. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Anderson - Yes; Waite - Yes. The motion carried unanimously. Councilmember Bean reported that he had received three different contacts regarding a situation that occurred over non-compliance with electrical and building codes at the Chevron C Store/LubeShop/Pickerman's on the corner of East Sunnyside Road and 25th East. One contact was from a representative City Council Meeting, June 6, 2002 - Page 10 selling gasoline; the second one was a personal call from Gordon Arave, owner and developer; and the third one was from Larry Novak of Pickerman's Development Office in Cedar Falls, Iowa. The inspection was valid. There was no question that the facility was out of compliance. Their argument was how the situation was handled. The inspectors on the job were Jeff Ftizloff of the State Division of Building Safety; Norm Thompson, State Electrical Inspector; Fire Chief Clarence Nelson; Fire Marshal Bill Brotherson; and Bob McBride, Bonneville County Building Inspector. A copy of the letters from Gordon Arave and Larry Novak and a copy of a State Non-Compliance Report are included with the minutes. The letter from Larry Novak was read at the meeting. Fire Chief Clarence Nelson reported to the City Council. He did not agree with the accusations that the inspectors for the City acted very unprofessional. The business did not have a certificate of occupancy to be open. However, there was a sign out front that stated, "We are now open." There were people buying gas and people inside the store buying merchandise. Councilmember Bean counseled that the representatives of the City need to act in a professional manner regardless of how other people treat us and how other people act toward us. We have no right in any way, any shape, or any form, in the position we are in, to treat people in any way other than a very professional manner. How we use our power and authority determines the public view of the Fire Department and the City. Arave Construction wants to delay the landscaping for the convenience store complex on the corner of East Sunnyside and 25th East until after the Sunnyside Road widening project is completed. There was a question about whether the project would affect the landscaping. Engineer Manwill advised that the Sunnyside project would require a temporary construction easement beyond the right-of-way. In order to delay landscaping, the City Council wants assurance that it will be done and some kind of temporary barrier is in place so the area does not become a road. Councilmember Folsom informed the Council that a Parks Director has been hired. He will report for work within the next two weeks. The two boys who worked on the parks last year will come back to work for the summer. Also, plans are to hire one or two more temporary park employees. This action is within the Parks budget. Councilmember Anderson reported that Tie Breaker residents held a big neighborhood activity and cleaned up all the weeds under the playground equipment at the Tie Breaker Park. They are really disappointed in how the City Council Meeting, June 6, 2002 - Page 11 park is being cared for. They hope now that they have done the clean up that the City will help to maintain it When Councilmember Folsom interviewed applicants for a Parks Director, she made them aware that the Council was in the process of making a decision to provide insurance benefits for the employee only. This concerns only future employees. She encouraged the Council to discuss the employee benefit issue and reach a decision about insurance coverage. For two and one-half years we have been trying to come up with a program to benefit the employee and keep the cost down for the City. Councilmember Bean said he was not ready to make any decision. He would like to talk with the insurance carrier and with the employees. Councilmember Folsom favored beginning a transition to have all new and future employees receive paid insurance benefits for the employee only. Councilmember Anderson did not approve of two standards. She moved to change our insurance plan so that on all new employees the insurance covers the employee only and on existing employees the insurance covers the employee only and they get a raise for the difference in premium. There was no second. The motion died. Councilmember Folsom moved regarding insurance that all new employees are insured for the employee only and the old employees are "grandfathered in" to the present coverage until sometime in the future the Council and employees look at the program. There was no second. The motion died. Councilmember Waite said he thought further discussion was needed. Councilmember Bean agreed. It is time to start thinking about the budget for Fiscal Year 2003. Councilmember Anderson reviewed a budget checklist received at the Association of Idaho Cities budget workshop. A budget work meeting was scheduled for July 10 at noon in the City Building. Council member Anderson was asked to have some information available on the law enforcement budget for review by the City Council at their regular meeting on June 27. Reports: Fire Chief Clarence Nelson reported for the Fire Department. The BlM grant has been approved for the radios and pagers. It was recommended that the Fire Department and Law Enforcement reports be moved to earlier in the City Council meetings. David Wadsworth reported for Public Works. The swimming pool is up and running. It should be in good shape for opening on Monday. We need to spend City Council Meeting, June 6,2002 - Page 12 some money on the sewer lift station on Ross Avenue. City of Idaho Falls wants to put some monitors on to see how often the pumps run and to check the status of the motor to avoid sewer backup. The cost is estimated to be $800. David questioned if we should do it if we plan to upgrade the lift station. He was advised that the City could transfer the monitors to new pumps. It is a good way to go and it needs to be done. Engineer Manwill explained that one of the pumps on Ross Avenue had to be pulled to do some service on it. While it was out the other pump ran continuous. It was not able to keep up with the flows. It takes two pumps part of the time. It is not a problem as long as both pumps are working. If they lose one, they are concerned that we are right at the capacity. Councilmember Folsom reported on the plans for the park in Eagle Pointe. Councilmember Anderson clarified the drug policy. We have a current drug policy. She called Minert and they did not have a problem with everything the City Council talked about accepting. They could not speak for State Insurance Fund. State Insurance has been notified and we are in the process of getting our policy approved for the discount. The status is we have an approved drug policy in effect. We have not established when the base line testing will happen. Everyone including the City Council will be included on random testing. The City Council has discussed the policy, the Public Works employees are already on random testing, and the policy is being discussed with office personnel. Engineer Manwill explained about the storm drain, which drains the Ricks farm. When the new bridge was built on Sand Creek the outfall line was changed from going below the bridge to go in above the bridge. It was installed higher than it was supposed to be. Now, if we completely fill the drainage pond, the water will back up at the intersection of Eagle and Sunnyside before it will take a run in to Sand Creek. It is something we can correct when we do the Sunnyside' construction. That is the best way to handle, but we need to be aware. The time that it is likely to happen is in the spring if we have a lot of snow. There is a potential to flood the Eagle and Sunnyside intersection. Claims were approved. Councilmember Folsom moved to adjourn the Regular Meeting to an Executive Session to discuss personnel matters. Councilmember Waite seconded the motion. Voting was all in favor. The Regular Meeting was adjourned at 12:30 a.m. Council President Attest: Deputy Clerk