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11072013CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, NOVEMBER 7, 2013 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, NOVEMBER 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: September 5, 2013, October 10, 2013 ITEMS FROM MAYOR: CONSENT AGENDA: Accounts Payable – Exhibit A PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: 2013-015 – Establishing Ammon Lighting District #2 - Bridgewater ACTION ITEMS: 1.Ordinance 533 & Summary – Ammon Lighting District #2 – Bridgewater 2.Resolution 2013-013 – Resolution of Confirmation of Ammon Lighting District #2 – Bridgewater BOARD OF ADJUSTMENTS (Council acting as BOA): 1.Conditional Use Permit – District 93, Hillcrest High School – Request for Baseball Building 2.Conditional Use Permit – 2686 Bungalow Dr. – Request to Operate Pool and Tennis Court Club House DISCUSSION ITEMS: 1.Keller Associates – WWFPS (Waste Water Facility Planning Study) – Final Version 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 Steve Fuhriman Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Brian Powell Councilmember Russell Slack Councilmember Sean Coletti Councilmember Brad Christensen City Attorney Scott Hall City Clerk/Administrator/Planning Director Ron Folsom Deputy City Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates Public Works Director Ray Ellis City Officials Absent: None 15 City Council Minutes 11.07.2013 Page of 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. Boy Scout Col Cook with Troop 225 led the Pledge of Allegiance. Councilmember Slack offered a prayer. MINUTES: September 5, 2013: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Abstain (Absent), Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. October 10, 2013: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Abstain (Absent), Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: Accounts Payable – Exhibit A: Councilmember Slack moved to approve the Accounts Payable – Exhibit A, 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. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS:2013-015 – Establishing Ammon Lighting District #2 – Bridgewater: Mayor Fuhriman explained the public hearing procedure to the audience, for the Public Hearing. Councilmember Coletti moved to open the public hearing. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. No citizens asked to be heard and no written comment was received. Councilmember Coletti moved to close the public hearing. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. ACTION ITEMS: 1. Ordinance 533 & Summary – Ammon Lighting District #2 – Bridgewater: Councilmember Christensen read Ordinance #533 &Summary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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 Coletti seconded. Roll Call Vote: Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Christensen read Ordinance #533 & Summary:AN ORDINANCE DESCRIBING AND CREATING THE AMMON LIGHTING DISTRICT NO. 2 - (BRIDGEWATER SUBDIVISIONS 3 AND 4) IN THE CITY OF AMMON, STATE OF IDAHO: DESCRIBING THE BOUNDARIES OF SAID LIGHTING DISTRICT; DESCRIBING THE PURPOSES OF SUCH LIGHTING DISTRICT FOR IMPOSING AND COLLECTING FEES FOR THE MAINTENANCE AND OPERATION OF A 25 City Council Minutes 11.07.2013 Page of SECURITY LIGHTING SYSTEM IN THE LIGHTING DISTRICT; PROVIDING FOR PAYMENTS FOR THE OPERATION AND MAINTENANCE OF SUCH SECURITY LIGHTING SYSTEM TO ROCKY MOUNTAIN POWER COMPANY PURSUANT TO PROVISIONS OF SCHEDULE 12, ADOPTED BY THE IDAHO PUBLIC UTILITIES COMMISSION AS MAY BE AMENDED FROM TIME TO TIME; PROVIDING THAT SUCH FEES AS ASSESSED SHALL BE FOR THOSE SERVICES PROVIDED BY THE CITY WHICH WOULD OTHERWISE BE PROVIDED BY AD VALOREM TAX REVENUES; PROVIDING THAT THE FEES COLLECTED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE SHALL BE REASONABLY RELATED TO BUT SHALL NOT EXCEED THE ACTUAL COST OF THE SERVICES BEING RENDERED; PROVIDING FOR THE ASSESSMENT OF FEES AGAINST EACH LOT AND PARCEL WITHIN THE LIGHTING DISTRICT FOR THE PAYMENT OF SUCH COSTS OF OPERATION AND MAINTENANCE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. I move the adoption of Ordinance #533 and summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Coletti seconded. Roll Call Vote: Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. 2. Resolution 2013-013 – Resolution of Confirmation of Ammon Lighting District #2 – Bridgewater: Councilmember Kirkham moved to adopt Resolution 2013-013 – Resolution of Confirmation of Ammon Lighting District #2 – Bridgewater, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. BOARD OF ADJUSTMENTS (Council acting as BOA): The Council acknowledged acting as the board of adjustment. 1. Conditional Use Permit – District 93, Hillcrest High School – Request for Baseball Building: Ron explained the request is to add a building, and where the building would be located. Ron explained that this is part of a senior project; there are two seniors working on this and they have raised approximately $30,000 so far. Councilmember Kirkham said she loves senior projects like this. Scott Hall explained the School District was required to obtain a CUP (Conditional Use Permit), because they are modifying the original footprint. Councilmembers Kirkham and Powell asked if the Council could offer a grant to cover the building permit cost. Scott said there is a grant procedure in place that can be used. Councilmember Powell moved to approve Conditional Use Permit – District 93, Hillcrest High School – Request for Baseball Building, amending the existing CUP, subject to technical review by staff. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed. 2. Conditional Use Permit – 2686 Bungalow Dr. – Request to Operate Pool and Tennis Court Club House: Ron explained that Coulter Hansen had withdrawn his request for the Conditional Use Permit at 2686 Bungalow Drive, and had sent an email requesting such. Councilmember Kirkham moved to withdraw the Conditional Use Permit – 2686 Bungalow Dr. – Request to Operate Pool and Tennis Court Club House, as per their written request on November 7, 2013. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. DISCUSSION ITEMS: 1. Keller Associates – WWFPS (Waste Water Facility Planning Study) – Final Version: Jim Mullen, with Keller Associates distributed documents for the Council to view. The final document was prepared and submitted to City staff for review and comments. The final documents are now being reviewed by DEQ (Department of Environmental Quality) for their approval. Councilmember Powell asked how long it will take for DEQ to review the study. Jim said they have had it for two week, and he doesn’t anticipate any issues; when it’s complete he will submit it to the Council. Kye Kreusel of Keller Associates overviewed the tasks they performed with the study. They developed planning criteria by looking at population projection and areas of growth. They completed a survey of the entire collection system, the original plan was to just survey the main trunk lines, and after receiving information and analyzing data from the City of Idaho Falls it was determined to expand and survey the entire system. Councilmember Kirkham asked how much information the City of Idaho Falls gave them. Kye said mapping, and the information pertaining to the actual pipes was limited. They received some maintenance records on the lift stations. Keller installed their own flow meters at several points within the system and collected flow data. They used that to calibrate a sewer model. They calculated future flows using the population projection with existing flow data. The information was used to develop and run a computer model for system capacity analysis, and from that they identified some capital improvements. Based on the study they made recommendations on the pretreatment ordinance, odor control program, and general operation and maintenance 35 City Council Minutes 11.07.2013 Page of procedures. Keller Associates analyzed the City of Ammon’s wastewater budget and future expenditures. Kye explained the map given to the Council to review. The study found the system is in good condition and has sufficient capacity for future growth. There are a few capital improvement projects that they would recommend. They recommend 10, 000 feet of pipe be replaced in the original town site. Councilmember Kirkham said as we move forward with the master plan on how to address original town site, they the need improvements to the City line but also the lines to the resident’s homes. We should tell resident as we make these improvements that it is due time to prepare upgrades to their water and sewer lines. Kye said he recommends it be tied to any water and street improvements, and the upgrades can be completed in phases. Councilmember Kirkham asked how big the pipes in the original town site are. Kye said six or eight inch concrete pipes. Keller Associates recommended 10,000 feet of pipe to replace included the areas with six inch pipe; it would cost $1.4 million to replace the pipe and repair the trenches in the streets. A smaller item is installing some piping and valves to connect the bypass pumps to the lift stations; three of the other lift stations already have that in place. The City would like to update the alarm system to prevent wastewater flow issues. The study also contains recommendation for Iona Bonneville Sewer District being able to send their flow to their own trunk lines, and not into the City of Ammon system. Lance said Iona Bonneville Sewer District is working on that. Operation and maintenance items to be added to the annual budget included cleaning the lines of the entire system every one to three years, camera inspection of the lines every five years, and replace PVC pipe every seven years. Kye said the replacement schedule may be delayed since half of the system is less than ten years old, but he recommends the Council begin budgeting for it now. The wastewater budget was analyzed, and Keller Associates recommend an annual rate increase of three percent to keep up with inflation and added budget items. The Council thanked Kye and Jim. Jim complimented the City of Ammon’s wastewater staff for their effectiveness of getting the system in order quickly. He said they take care of the system much better now than how it was taken care of in the past. He was impressed with how quickly they cleaned and camera inspected the pipes, and sent the information to Keller. He said it was astonishing, and they are great. 2. Misc.: Jennifer explained that as we were closing out the period 13 financials for the City, a couple of interesting items were noted. Jennifer explained that by paying the water and wastewater bond payments monthly instead of semiannually in 2013, the City saved $20,922.90 for water, and $60,196. 77 for wastewater. Councilmember Powell asked if the savings was reflected in the budget. Jennifer said no. Councilmember Slack said the savings will pay the bond off faster, and it is not cash sitting in the account. Jennifer said we have started the audit and everything is going well so far. Lance said the information on the flood plain for the area south of Maverick has been submitted to FEMA (Federal Emergency Management Agency). FEMA has given comments back to Gerald Williams of Williams Engineering for that area. They are working back and forth to get the information right. Hopefully they will come to a conclusion soon. Councilmember Thompson said the affordable care act has changed the way we handle the HRA benefit. He said if an employee does not have the City’s insurance, we cannot provide them an HRA. Jennifer said all of the employees are on the City provided insurance. Councilmember Kirkham asked Scott since the conditional use permit was withdrawn for the pool house, does ex-parte communication still exist. Scott said technically the problem is that it may come back before the City Council. The general rule is when a zoning issue is pending, the Council can’t discuss it. If there is nothing pending, you can have a conversation.Scott said there are some things they may be able to do under the City’s ordinance. This has always been a neighborhood problem. Ron asked if the liability is on the City, because we granted the conditional use permit. Scott said no, because it met the requirements of our ordinance, but that doesn’t mean it complies with their CC&R’s (Covenants, Conditions, and Restrictions). We can grant whatever we want to grant that is consistent with our ordinance and zoning laws; whether that complies with their CCR’s is an entirely different issue. 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 Powell moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1- b & f). Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. The meeting adjourned at 8:00 p.m. 45 City Council Minutes 11.07.2013 Page of ______________________________________________ Steve Fuhriman, Mayor _________________________________________________ Ron Folsom, City Clerk 55 City Council Minutes 11.07.2013 Page of