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08222013CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, AUGUST 22, 2013 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, AUGUST 22, 2013 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Christensen Prayer – Councilmember Kirkham MINUTES: May 16, 2013 ITEMS FROM MAYOR: CONSENT AGENDA: Accounts Payable – Exhibit A AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board): PUBLIC HEARINGS: 2013-012LD - Ammon Lighting District #1 – Fiscal Year 2013-2014 Budget ACTION ITEMS: 1.Ordinance #103 – Ammon Lighting District #1 Fiscal Year 2013-2014 Budget PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: 2013-011 – 2013-2014 Fiscal Year Budget ACTION ITEMS: 1.Ordinance #530 - Fiscal Year 2013-2014 Budget 2.Dark Fiber Lease Agreement – Syringa Networks, LLC 3.Well #6 – Keller Associates – Agree with Scope of Work & Authorize the Mayor to Sign 4.BMPO-Ammon Website Hosting MOU 5.Ordinance #529 and Summary – Title 4 and Title 5 DISCUSSION ITEMS: 1.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 Steve Fuhriman Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Powell (reached by phone at 7:46 p.m. and ended call at 7:52 p.m.) Councilmember Sean Coletti Councilmember Russell Slack Councilmember Brad Christensen City Clerk/Administrator/Planning Director Ron Folsom Deputy Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates Fire Chief Stacy Hyde 17 City Council Minutes 08.22.2013 Page of Building Official Charlie Allen I.T. Director Bruce Patterson City Officials Absent: Councilmember Brian Powell 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 Christensen led the Pledge of Allegiance. Councilmember Kirkham offered a prayer. MINUTES: May 16, 2013: Councilmember Kirkham moved to accept the minutes, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Thompson – Abstain (Absent), and Councilmember Christensen – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: Accounts Payable – Exhibit A: Councilmember Kirkham moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board): Councilmember Kirkham moved for the Council to move into session of the Lighting District with the Council acting as the Lighting District Board. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. PUBLIC HEARINGS:2013-012LD - Ammon Lighting District #1 – Fiscal Year 2013-2014 Budget: Fuhriman read the public hearing requirements and opened the public hearing. No written comment was received and no citizens gave testimony. Mayor Fuhriman closed the hearing. ACTION ITEMS: 1. Ordinance #103 – Ammon Lighting District #1 Fiscal Year 2013-2014 Budget: Councilmember Coletti read Ordinance #103: AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 APPROPRIATING THE SUM OF $3,193 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE AMMON LIGHTING DISTRICT #1, AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING AN ASSESSMENT UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. I move that the Board of Directors dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Slack seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Coletti read Ordinance #103: AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 APPROPRIATING THE SUM OF $3,193 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE AMMON LIGHTING DISTRICT #1, AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING AN ASSESSMENT UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. I move the adoption of Ordinance #103 an ordinance of the Ammon Lighting District #1 in the City of Ammon on its third and final reading. Councilmember Slack seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Kirkham moved for the Council to enter back into regular session. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): Steven Lastly, 1350 Ridgewood Drive stated he would like some signage for the safety of children in his neighborhood. It has become a racetrack at the corner of Newgate and Ridgewood. He would like the sign to say yield ahead or children at play. In this area there are thirty plus kids. Lance felt there might be justification for a yield-ahead sign. Councilmember Christensen said it is a blind 27 City Council Minutes 08.22.2013 Page of corner approached by a curving street with several trees that block the view of the intersection ahead. The traffic travels very quickly in the area. Lance said the yield sign will not solve this. Councilmember Christensen said he understands, but he feels this has been a problem and we need to do something about it. Discussion ensued regarding traffic issues at the corner of Newgate and Ridgewood. Councilmember Coletti stated Newgate is a long enough road that people are able to get their speed up and if they don’t know there is a yield sign around the bend, it’s too late. He would like to see a yield ahead and children at play sign. Lance said the children at play signs are specifically used around playgrounds. Councilmember Thompson stated there are children in every neighborhood. Councilmember Christensen said there are deaf children and asked about a sign informing of deaf children in area. Lance said it is not approved by MUTCD (Manual on Traffic Control Devices) as a traffic controlling sign, but the Council could make that decision. He would be concerned, since it would set a precedent for the City. Councilmember Christensen asked about removable speed bumps and as long as the problem continues the speed bumps will remain. Lance said it would only temporarily solve the problem and possibly create other issues. Scott said it might help to have the sheriff patrol the area. Councilmember Christensen said it is worse between 10 and 11 pm. Terry Brian, 1355 Newgate said she’s not adverse to a stop sign. The corner is blind in so many ways, and it was her property where the fence was hit and two trees were destroyed. There are twelve houses in the cul-de-sac and a pre-school. There have been a lot of near misses at that corner and she is afraid it will be someone’s life later. Christine Harmon, 1365 Ridgewood Drive said it is not just today; it is like this all the time. They replace the corner every year, because drivers cut the corner. Councilmember Kirkham told Lance to put up the yield-ahead sign and get the Sheriff involved. Roger Sessions, 1266 Ridgewood stated he lives in the cul-de-sac. He fears anytime anyone is coming off of Newgate, because they don’t look at the cul-de-sac and they don’t stop. He has three children and they play in the area where the car drove through the fence. Thank goodness there was no one in the back yard at the time. Councilmember Kirkham asked Lance about the two way stop. Lance said the traffic didn’t warrant a two way stop. Councilmember Coletti said he compares it to the corner of Wildwood and Birchwood where there is a stop sign. The road kind of curves around, but it still has the same cul-de-sac as you turn left. He wouldn’t be opposed to installing a stop sign. Lance said the MUTCD wouldn’t support it. Councilmember Christensen said by all the statistics we shouldn’t put a stop sign there, but by all the stories, we should put a stop sign there. Christine urged the Council to go and look at the destruction at the corner. Councilmember Coletti would like to see a stop sign there and a stop-a-head sign up the road. That intersection needs some advance notice of the stop. Lance said a portion of the problem could be resolved by removing the trees in the right of way. Councilmember Coletti said the trees do need to be addressed, but even with the trees removed, the signs are still hard to see. Councilmember Kirkham said she is not opposed to a stop sign, but what concerns her is when we set a precedent to decide arbitrarily to put in a sign. The Council could always install the stop sign and see if it helps with the problem. Councilmember Kirkham said the best solution to the problem is having the Sheriff’s Department there issuing tickets. Councilmember Thompson said it seems the issue is speeding, not stopping. He would like the Council to deal with the speeding issue. It helped his area tremendously. Councilmember Slack stated he isn’t opposed to a stop sign, but this won’t help the speeding. He worries about going against the MUTCD, since every time the City does a favor it never works out. Councilmember Thompson said the Council can’t have this as an emotional issue and make a decision based on emotion. Councilmember Slack said this isn’t unique to their area. It’s hard to prevent people from breaking the law. Councilmember Kirkham said “our job is to represent the people” and she would be fine with installing the stop sign and also asking the Sheriff to patrol for speeders. Lance requested having the yield ahead placed instead of a stop sign, and the officer to see if it deters the problem. The Council directed to install a stop sign and a stop- ahead sign, and also have an officer patrol the area for speeders. Scott Hall asked the residents to call the City’s prosecutor and ask him to not plead the latest case down, especially where the person left the scene of the accident. PUBLIC HEARINGS:2013-011 – 2013-2014 Fiscal Year Budget: Mayor Fuhriman read the public hearing requirements and opened the public hearing. No written comment was received, and no citizens gave testimony. Mayor Fuhriman closed the public hearing. Councilmember Kirkham said the discussion will need to be whether the City will take a three percent increase, 1.8 percent increase, a two percent increase, or no increase. She asked the Council where they are as far as what the consensus is for the property tax increase. Councilmember Christensen asked if the City can operate within a 1.8 percent increase on the premise that government won’t exceed the rate of economic growth. The proposed budget shows it is possible, because we had eliminated some line items. He feels the City can safely operate with a 1.8 percent increase. This will demonstrate that the City of Ammon is efficient with its tax dollars. The City has a commitment to keep the levy rate low. If this enables the City to do what it needs and to set aside money for the future, this is a win for everyone. 37 City Council Minutes 08.22.2013 Page of Councilmember Thompson said when a citizen of Ammon calls 911 they want an immediate response, when they call the Fire Department they want the Fire Department to put out the fire, when they go to the park they want the grass to be green, they want the streets plowed and pot holes fixed, they expect that the people at the City office will spend the money wisely and they expect the Building Department to maintain control over the City. The average citizen receives these services for $20 per month and a three percent increase would be .60 cents. We are behind, we are not ahead. The streets have been behind for years with over sixty miles of streets that are slowly falling apart. They will crumble into big chunks at the same time, because they were built at the same time. The City has not planned to save the two or three million dollars needed by the streets alone. The three percent increase is $22,000 and the City needs this money. Councilmember Thompson stated that he has been on the City Council for ten years, and the Council has failed to collect enough funds year after year and we need that increase. Councilmember Slack said we have significant reimbursements from our departments’ funds to the general fund, because we don’t have enough on our levy rate. People notice their fees; they don’t notice their levy rate, since most have their property taxes tied to their mortgage. While that is not an excuse, the budget is underfunded and we have to subsidize it. We’ve had to offset a lot of the general fund with fees that they do notice every month. He feels it is short sighted to treat this the same as we have in the past. Councilmember Slack understands Councilmember Christensen’s position, but his position doesn’t plan for the future. To continue to have our fees go higher to support the lack in our general fund is a mistake. Councilmember Christensen said there are strong reserves in our departments. Councilmember Powell said he talked to Jennifer and he feels the mill levy rate is so low right now that increasing three percent amount to around $5 per year per $100,000 value. He doesn’t see how that is a big burden to anyone considering the City is doing so many good things. He is in favor of the three percent increase. Councilmember Powell said he wants to hold the water steady and take a four percent increase on the sewer. Councilmember Kirkham said Councilmember Thompson makes a very compelling argument and the reality is the City is behind and we have a different perspective. Councilmember Kirkham explained that since she and Councilmember Thompson were part of the Council when the City did not take the increases, and we have acted responsibly; when the times were good the City didn’t take an increase. This is exactly what the three percent has been in place for, when Cities need to take an increase, because the economy is suffering. At the same time she hates to burden the public more. Councilmember Coletti said he is hoping that we could get by with a 1.8 percent increase, and agrees with Councilmember Powell where the water and sewer is concerned. He knows the City needs the money, but he doesn’t want to increase more than the City needs. He feels the City doesn’t need to donate to Meals on Wheels this year and take a three percent increase at the same time. He feels the City could look at it next year. He is even skeptical about donating to TRPTA (Teton Regional Public Transportation Authority). He is concerned about whether items are beneficial or necessary at a time when we are increasing our fees and levy rate as much as we can. It is a tough decision. Councilmember Thompson said he wanted to address the four percent increase to the sewer. The payment on the bond is not going up, so the City shouldn’t have a four percent increase to cover the bond. He agrees to the O&M increase. Councilmember Slack asked about funding the new train. Councilmember Thompson said the City of Ammon doesn’t have to come up with $6 million. Councilmember Kirkham said there was a sewer meeting today, and it was discussed what the expectation was for the City of Ammon and the boards. The consensus is the board doesn’t know what the percentage is for any entity. It will be based on growth and population at the time. We will be moving toward setting up the district as early as next month. There has been concern about the debt service repayment and the connection fees. The connection fees have been set aside for the train, as well as the $22 from the County which has been put aside for capital improvements. However, this has only totaled $309,000 to date. This will change when Melaleuca comes on, and they pay $22 per month per connection. Discussion ensued if Melaleuca will be connecting, since the City of Idaho Falls is petitioning to increase their area of impact. If they don’t connect, then the capacity will last longer. However, they can sell the connections they currently own. Councilmember Coletti inquired if the County residents are paying their fair portion. Councilmember Kirkham stated she feels they are. The County wasn’t bonded; however, they are making a payment which is being held aside for capital improvements. Jennifer explained that with the three percent levy rate increase it will show the general fund with a positive $9,000 balance, however, the building fund will be a negative $53,000 balance. The funds to make up for the shortfall will come out of the general. The streets show that they are breaking even, if you consider the Costco amount coming from the reserves. The City still isn’t putting a lot away for future road improvements. Councilmember Kirkham said nobody wants the increase, but the City has to pay the bills. Councilmember Kirkham said to not take the three percent means we will borrow more from reserves this year. Councilmember Slack asked Scott, if the district is formed can it undertake its own bond. Councilmember Kirkham said it cannot raise taxes or bond without the consent of the public. This doesn’t mean it will pass. Scott said it is a taxing entity. Lance said it can also ask for a judicial confirmation. Discussion ensued between borrowing from DEQ and a grant. Councilmember Kirkham stated the board is hoping for a grant, which would not have to be repaid. Councilmember Slack said the issue is whether it’s better to raise a fee or to pay interest later on. Councilmember Kirkham said in your own personal finances you would save the money and never borrow the money. Councilmember Thompson said the City saved up the money for Sunnyside Road and paid cash. 47 City Council Minutes 08.22.2013 Page of Councilmember Kirkham explained that she feels that everyone is vacillating concerning the three percent and feels that the City is behind. To not take the increase is to accept that the City will be borrowing more from reserves. Councilmember Christensen said he researched this and has spoken with Ron Longmore; the levy changed in 1995 to limit increases to three percent. Since that point in time, the City has forgone funds when the full three percent had not been taken. Councilmember Kirkham said the Council took the foregone taxes in 2008. Councilmember Christensen said from 2008 there is only $3 in forgone funds. The City has taken the full three percent every year. He would like to see if the City can operate with limited funding. He feels the City has demonstrated phenomenal efficiency. Stacy’s budget showed he needed two more full time equivalents, so he cut from other areas to make it happen. Councilmember Kirkham said she would agree with what Councilmember Christensen said, but to keep in mind he would advise the Council that every year the City is getting closer to needing a new fire station. At this time, the City has not put any funds aside for this. The City is not planning for the future. Councilmember Christensen said the City can increase its collectible dollars through growth without increasing the levy rate. In 2010 the City collected $1.7 million and today we are looking at collecting $1.9 million. Discussion ensued as to how much the citizens are taxed and what the citizens will do in the future, if the savings is not done now. Councilmember Slack stated in order for the City to save $200,000 per year, it would take eighteen years to be able to fund the necessary projects the City will need in six years. Councilmember Kirkham said this is very difficult because she and Councilmember Christensen have had a lot of discussion and feels everyone has made some great arguments. Councilmember Kirkham said in good conscience she is having a hard time, because she has been in the seat when the money has been insufficient and the argument has been if only the previous Council had taken the increase the City wouldn’t be in this position. Citizens would rather have a 60 cent increase than a $20 increase, which is what they have stated in the public hearings. Councilmember Kirkham said we have limited ways to increase revenue and the City has taken the course most open to the Council which is raising fees, but we need to stop doing that and we need to start finding other avenues like grants. Councilmember Thompson moved to accept the budget as proposed with a three percent levy increase, with no increase to water fees, and increase the sewer fees four percent on the part that does not go to the bond repayment. Councilmember Coletti said he would like to amend Councilmember Thompson’s motion to exclude donating to TRPTA and Meals on Wheels this year, because he can’t in good conscience take a full three percent increase with those two items, which he feels are not giving a benefit to our citizens. Councilmember Thompson accepted the amended motion. Councilmember Christensen seconded the amended motion. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Christensen – Yes, Councilmember Slack – No (because he feels we are not sufficiently increasing the fees for wastewater, and by not increasing the water we are not meeting the needs that we know are out there.), Councilmember Kirkham - Yes (because we are going to go ahead and prepare a master plan, which will put us in a position to seek grants from DEQ and ITD and she feels we will end up with money ahead in Public Works and she is willing to concede for this one year to see if this comes to fruition; this is a good compromise to a greater end), and Councilmember Coletti – Yes. The motion passed. ACTION ITEMS: 1. Ordinance #530 - Fiscal Year 2013-2014 Budget: Councilmember Coletti read Ordinance #530: AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 APPROPRIATING THE SUM OF $16,289,738 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE, AS AMENDED. 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 Christensen seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Christensen – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. Councilmember Coletti read Ordinance #530: AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 APPROPRIATING THE SUM OF $16,289,738 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE, AS AMENDED. I move the adoption of Ordinance #530 and summary, as amended, as an ordinance of the City of Ammon on its third and final reading. Councilmember Christensen seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Christensen – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Slack – No (for the same reasons stated before). 2. Dark Fiber Lease Agreement – Syringa Networks, LLC: Bruce said this fiber will be leased to Syringa; however, AT&T, Verizon, and Sprint will be using the fiber. Councilmember Thompson moved to approve the Dark Fiber Lease Agreement – Syringa Networks, LLC, as presented and authorize the Mayor to sign. Councilmember Coletti seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember 57 City Council Minutes 08.22.2013 Page of Coletti – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, and Councilmember Kirkham – Yes. The motion passed. 3. Well #6 – Keller Associates – Agree with Scope of Work & Authorize the Mayor to Sign: Lance said this $46,500 is to evaluate options to redesign Well #6. This Well hasn’t been being used for a while, since the booster can’t pump into the system with the higher pressure. He feels it should be able to produce 1,000 gallons per minute. Councilmember Thompson moved to approve Well #6 – Keller Associates Scope of Work agreement, as outlined and authorize the Mayor to sign. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. 4. BMPO-Ammon Website Hosting MOU: Bruce explained the BMPO (Bonneville Metropolitan Planning Organization) board made an adjustment to host the website where it wouldn’t be encapsulated within the City of Idaho Falls. This will involve no additional cost to the City of Ammon. BMPO will maintain their site. Bruce said the MOU (Memorandum of Understanding) was a good idea. This states that the City will not turn them off without 90 days notice. Scott has looked at it. Bruce explained what it means to host a website.Councilmember Kirkham stated when this site is Googled it will show up as their own site, currently it shows under Idaho Falls. Scott said the MOU has outs for both sides. Councilmember Kirkham moved to approve BMPO – Ammon Website Hosting MOU, as presented and authorize the Mayor to sign. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, and Councilmember Coletti – Yes. The motion passed. 5. Ordinance #529 and Summary – Title 4 and Title 5: Ron explained the changes to Title 4 and Title 5, which includes but is not limited to, pawn license application changes, and the burglar alarm section. Councilmember Kirkham read Ordinance #529 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, TITLE 4, BUSINESS REGULATIONS, CHAPTER 10, PAWN BROKERS, SECONDHAND PRECIOUS METALS DEALERS, SECONDHAND STORES; SECTION 8, LICENSE APPLICATION; SECTION 9, LICENSE APPROVAL AND ISSUANCE; SECTION 11, RECORDS TO BE KEPT; SECTION 12, RECORDS TO BE OPEN FOR INSPECTION; SECTION 13, RETENTION OF RECORDS; TIME; SECTION 14, RETENTION OF PROPERTY; TITLE 5, CRIMINAL CODE, CHAPTER 12, BURGLAR ALARMS; 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 Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. Councilmember Kirkham read Ordinance #529 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, TITLE 4, BUSINESS REGULATIONS, CHAPTER 10, PAWN BROKERS, SECONDHAND PRECIOUS METALS DEALERS, SECONDHAND STORES; SECTION 8, LICENSE APPLICATION; SECTION 9, LICENSE APPROVAL AND ISSUANCE; SECTION 11, RECORDS TO BE KEPT; SECTION 12, RECORDS TO BE OPEN FOR INSPECTION; SECTION 13, RETENTION OF RECORDS; TIME; SECTION 14, RETENTION OF PROPERTY; TITLE 5, CRIMINAL CODE, CHAPTER 12, BURGLAR ALARMS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move the adoption of Ordinance #529 and summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. DISCUSSION ITEMS: 1. Misc.: Lance said a developer is looking at a piece of property on Hitt Road near 1st Street and he is wondering if he could get a sewer septic field, since the City doesn’t have access to sewer in this location. He advised the developer to contact the health department to see if they would even allow a septic system. From there he would have to come to the City to get permission to do this within the City limits. Councilmember Kirkham asked how big the area was. Lance said it is an office building. Ron said the problem is the sewer line is on Curlew on the west side of Sandcreek. Ron stated there is no sewer even available to this section. Ron explained he did get a request from the business owner to be on the agenda next month. Ron said at the Work Session there will be a presentation by the property owners who would like a discussion about a LID (Limited Improvement District) in the same area. Ron said he thinks Keller & Associates prepared the study. Staff feels the Council would request the LID to include improvements from Curlew to First Street and the bridge across John Adams. Scott asked if there was room for a septic and leach field in that area. Lance said he didn’t know and the Health Department may tell them it’s not a large enough area. Lance said it’s over 2,500 feet from the existing line and would require a lift station to get across Sandcreek. Scott asked if they would need to put in a lift station, if they 67 City Council Minutes 08.22.2013 Page of crossed the road into the City of Idaho Falls system. Lance said it would violate the MOU. Ron said IBSD (Iona Bonneville Sewer District) was denied by the City of Idaho Falls to add the new business to their flow. Discussion ensued concerning the options. Ron stated he is concerned if they could even get an access off of Hitt Road. Councilmember Kirkham stated that the discussion should wait until the property owners are in attendance. Councilmember Kirkham asked Ron about the posting for the public hearing in the Cottages. She had citizens ask when they needed to show up for the hearing and advised them to call Ron for more clarification. Councilmember Kirkham said a concerned citizen was wondering about designating the right lane as right turn only on 17th and Ammon Road, which would leave only one lane going forward to the west. Lance will look into it. Rachael stated that District 93 is having their opening meeting at 9 a.m. and wanted to know who will attend. Councilmember Kirkham and Mayor Fuhriman stated they will attend. Councilmember Coletti moved to adjourn. Councilmember Christensen seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. The meeting adjourned at 9:01 p.m. _________________________________________________ Steve Fuhriman, Mayor __________________________________________________ Ron Folsom, City Clerk 77 City Council Minutes 08.22.2013 Page of