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07192007CouncilMinutesCITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JULY 19, 2007 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, July 19, 2007 CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Bean Prayer – Councilmember Waite MINUTES: June 14, 2007 and June 21, 2007 ITEMS FROM MAYOR: Military Veteran Recognition CONSENT AGENDA: Attached PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Conditional Use Permit – Lighthouse Montessori School 2.Sewer Line Reimbursement – George McDaniel 3.Site Plan – East Idaho Credit Union 4.Water Conservation Program Update 5.City Sponsorship of Ammon Day Celebration 6.3565 E. Sunnyside Re-zone R1 to C1 – Ord. 438 DISCUSSION ITEMS: 1. Residential Weed Maintenance 2. Misc. MINUTES The meeting was called to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: City Officials Present: Mayor Bruce Ard Councilmember Lee Bean Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Randy Waite City Administrator Bruce Rose City Attorney Scott Hall City Clerk Leslie Folsom City Officials Absent: City Planning Director Ron Folsom Councilmember Bean led the Pledge of Allegiance to the Flag and, Councilmember Waite offered the prayer. th MINUTES: June 14, 2007 & June 21, 2007: Councilmember Kirkham motioned to approve the June 14 minutes. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Bean – Yes. Councilmember Thompson abstained due to being absent. The motion passed. st Councilmember Kirkham motioned to approve the June 21 minutes. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham –Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. Councilmember Waite abstained due to being absent. The motion passed. City Council Minutes 07/19/2007 -- 1 ITEMS FROM MAYOR : Military Veteran Recognition: Sergeant Third Class Hank Crumb talked about a Community Outreach Initiative called Freedom Team Salute. He explained it is a way for the Army to show it’s appreciation to its soldiers for the service and sacrifice to our country. Freedom has been assured by the resident conviction of armed forces. Today these courageous men and women represent 10 million of the 26 million former soldiers residing across all 50 states. Today we recognize about 10 people with certificates. Sergeant Thiel, AGR with the unit in Driggs, was asked to assist in handing out the certificates. Most of the people receiving certificates tonight are or were from the Ammon Fire Department. The certificates handed out in honor of the following soldiers: Captain James A. Southwick Staff Sergeant William Brotherson Staff Sergeant Russell Swenson SP4 Glen Southwick Staff Sergeant Cal Smith Sergeant Shirley Smith Ernie Flavor Sergeant First Class Howard Wolby Sergeant Theodore Ramos Fifth Class Earl Cleverly Corporal Lamoy Johnston Sergeant Crumb explained he spoke to Stacy about doing this at a training meeting, but Stacy suggested doing it at a City Council meeting. Sergeant Crumb explained he is a Freedom Team Salute Ambassador and asked anyone in the audience if they would like a certificate if they were in the Army. CONSENT AGENDA : CITY OF AMMON CONSENT AGENDA Thursday July 19, 2007 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2007: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Foot Solutions – Retail Specialty Footwear – 939 S. 25 E. Suite #100 th B.Clear Talk/NTCH – Cell Antenna – 4381 S. 25 E. C.Regal Construction, Inc. – Construction – 1615 Curlew th D.Inspired Living Home Décor – Retail Sales – 3160 E. 17 Street Suite #120 2.RENEWALBUSINESS LICENSE APPLICATION: th A.Frito Lay – Retail Sales – 2582 E. 14 N. th B.Allstate – Insurance – 2677 E. 17 Street Suite #100 th C. Wally’s Auto Care – Automotive Repair - 3193 E. 17 Street LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2007: 1. RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: A. th Sloan, Steve c/o Sol Rio Restaurant – Bartender – 2635 S. 25 E. Leslie Folsom explained on the consent agenda that there is the one gentleman they have been talking about in work session regarding his bartender permit. It was decided to approve the bartender license due to the date of our ordinance and the date of citation on his record. City Attorney Scott Hall spoke that it would be revisited in the next 6 months, but most likely will not be approved, at that time, due to the new ordinance. Councilmember Kirkham motioned to approve the Consent Agenda. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Ray Ellis, 2940 Sawtooth, stated he was here representing the Homebuilders Association. He explained he presented a letter a little over a month ago to Mayor Ard to sit down and discuss building permit fees. He failed to respond to that request so Mr. Ellis is here City Council Minutes 07/19/2007 -- 2 tonight to deliver a letter from their legal firm to again request that they sit down to discuss issues regarding the appropriation of building permit fees in the City of Ammon. Councilmember Bean recommended that we give this to Scott Hall and wait for his recommendation on the subject. ACTION ITEMS : th 1. Conditional Use Permit – Lighthouse Montessori School: Leah Schneider, 7419 S. 25 East Idaho Falls, talked about the Planning & Zoning approval for the Lighthouse Montessori School. She explained they would like to continue their business in Ammon and are currently residing in a room in the Children’s Center on Curlew Drive and have outgrown the space. They have been looking for more than a year for a place to relocate and have been able to find the space at 2660 First Street. It was originally built as a Montessori School and is currently vacant. They feel it would be a great fit for their school. Their clientele is mainly based in the City of Ammon. She explained they are much more affordable than most private schools and accept children with special needs. She asked Council to help them continue to grow by approving the Conditional Use Permit. Councilmember Thompson inquired how many children are at their current location. Lori Roth, 4343 Amber Lane Ammon, stated there are approximately 56 children at the location they are at. She explained the new location would allow up to 100. Councilmember Kirkham stated the traffic is a big issue. She explained with the school districts they have them pay for crosswalks, or whatever is required. She asked what they see their facility needing. Lori Roth explained she doesn’t foresee a need for a crosswalk, but may in the future. Right now they are preschool/kindergarten and are just starting their elementary program this year. All the children are picked up or st carpooled, so no children are walking. Councilmember Thompson stated it may be difficult to do a left turn onto 1 st at 8:30 in the morning. He explained they did a traffic study four years in a row on 1 Street and approximately 14 cars go by a minute. He is worried they will face the problem down the street. It was discussed whether they will hinder the traffic or if they will be the ones inconvenienced. He explained it is not a reason not to do it, but just to be aware of the traffic situation over there. Lori Roth explained they did a traffic study also and found 20 of the stst parents would come from Ammon on 1 Street, 19 coming East from Hitt Road to 1 and then one coming from Tiebreaker. Councilmember Kirkham stated that her main concern, as they grow, is if the need arises that you would need a crosswalk or crossing guard, it would be Lighthouse’s responsibility to provide that. Lori Roth stated they do understand that. Councilmember Thompson inquired if they share the parking with the other businesses. Lori Roth stated they do, they have seven of the spaces allotted and Lighthouse would have the rest. th Marilyn Moreno, 4976 E. 49 S. Idaho Falls, stated she is the builder and the owner. She explained the previous people were not kicked out because of a previous agenda. Councilmember Kirkham explained that she wants them to understand that they consider the program an asset for the community; they are just looking at the physical plan to make sure they are not causing problems for anyone else. Councilmember Kirkham asked Tom Hunsaker if the building meets the parking requirements. Tom Hunsaker said it did. Councilmember Thompson asked if the drawing was accurate. Lori Roth stated it was and that Ron Folsom had come out to check it. Councilmember Kirkham asked how many faculty they have. Lori Roth stated she has 4. Councilmember Bean asked Tom Hunsaker how many spaces are required for schools. Tom Hunsaker stated for public/private elementary or junior highs it is 10 spaces plus 1 space for each full time employee. There are only 20 required by ordinance, but they have 25 without counting the 7 shared. There are 32 spaces all together. It was discussed they exceed our amount required by ordinance. The amount of time for the Conditional Use Permit was discussed. Councilmember Bean stated he has two issues. He doesn’t like the 5 years for the Conditional Use Permit because he feels the school will grow and it is incumbent on us to review it every couple of years. He also wants Council to consider this will be the third school st within a half mile of each other. He commented the schools that are currently on 1 Street have asked us to slow traffic down, and wonders when this school will ask the same. Scott Hall mentioned there are actually 4 schools on st 1 Street including Falls Valley. Councilmember Kirkham stated she understands what Councilmember Bean is saying and would be more concerned if this was a walking school. She explained they are looking at a maximum of 100 which will be reviewed every two years. If they exceed that, then at that point we deny it if it is causing traffic issues. Councilmember Bean stated once we issue the Conditional Use Permit it will have to be something compelling to deny the CUP. Councilmember Kirkham disagreed. Councilmember Bean commented about what happens when you start slowing traffic down. Councilmember Kirkham stated she doesn’t feel the request will come from them. She stated we can put it in the conditions that they cannot request to slow traffic down. Lori Roth commented there is an empty lot in front of the property and the owner has given permission to use that as overflow parking if needed. She also commented there will be a morning and an afternoon class and some children will stay full day, but most will not be there all day. She stated their times were also purposely offset City Council Minutes 07/19/2007 -- 3 from the other school times to help with the traffic issues. She would like them to consider the five years because they have a five year lease on the property. Marilyn Moreno stated there are extensive expenses to get this property ready. She explained that is why they cannot lease the building for less than five years. It is up to fire safety standards and sprinkler standards to make it an outstanding asset to the community. She explained that if it will be less than a five year agreement she doesn’t feel they can put the time and investment into it which would eliminate its use for the Montessori school. Scott Hall explained that to treat schools CUP timing different is not prudent. Councilmember Bean stated he doesn’t feel they can do the CUP for more than two years. He stated it does not affect their lease in anyway, shape or form. Councilmember Kirkham stated you just run the risk of being denied in two years as a worst case scenario, but if nothing changes you don’t have to worry. She doesn’t feel there would be any grounds to deny it. They do not have a precedent of denial unless there is a reason. It was discussed it is just a compliance issue; if rules are being followed there should not be an issue. Rebecca Cole, 1459 Amber Lane Ammon, stated she drives that street a lot. She explained the traffic issue has to do with stopping dead on the street before turning. She explained where this school is situated and the times set up; she does not see a problem. They do not have to come to a dead stop to turn into Lighthouse because of the better access. Councilmember Thompson asked about the ditch and where it is located. It was discussed the ditch is behind the school and is not an issue. th Leah Schneider, 7419 S. 25 East, stated they are looking at putting an entrance and exit with a right turn and left turn in the exit. She inquired if traffic would be the issue as to why they may be denied and would they be penalized for Snake River Montessori’s growth. It was discussed the traffic would come from the general community. Councilmember Kirkham stated the reason for denial would be more for exceeding the 100 enrollment level. Leah Schneider asked does that include morning and afternoon classes. Councilmember Bean inquired if they would have 100 in the morning and 100 in the afternoon. Leah Schneider stated they have a lower elementary and a preschool. Councilmember Bean stated that is a significant difference because you are looking at 200. Leah Schneider stated they are at different times. Councilmember Bean stated this does make a difference when traffic is involved. Leah Schneider stated they could grow to that, but they are nowhere near that. She stated they only have 40 students total. Councilmember Kirkham inquired that they are agreeing that it is possible you will have 100 in the morning and 100 in the afternoon. Leah Schneider stated it is possible and would not want to be limited to achieve that growth. She also explained the parents will have a circle for drop off; they will not be parking and dropping off the students. Emily Emberry, 500 Davidson Drive, stated she is about 3 blocks from Falls Valley Elementary School. She explained at 7:45 to 8:00 in the morning she finds it impossible to get out. She explained there are not a lot out between 8 and 8:30. She explained if the school grows it is because our community is growing. She explained her opinion is to have the congestion all at once rather than spread it out during the day. st Leah Schneider stated that Curlew Drive will eventually be extended up to 1 Street and that may open st traffic also. Councilmember Kirkham apologized because they can not guarantee that Curlew will extend to 1 Street, so that is not something they can bank on. Councilmember Kirkham suggested that we go ahead and approve with the 2 year condition. She discussed some possible limits for the Conditional Use Permit. Council discussed what issues they can attach to the CUP. Councilmember Bean inquired to Councilmember Thompson his feeling on the traffic since he lives there. Councilmember Thompson stated it was okay for the time period. Kirt Ririe, 4495 Mason, commented about increasing the educational opportunities for our children and he wonders why we are arguing about whether or not we can get in or out of a parking lot. He also asked to put in the CUP these are the conditions that you have to live to and if you do not exceed these then this can be extended for another two years. Scott Hall explained they cannot bind future council. Councilmember Bean stated there are circumstances that arise that may preclude you from being approved, although you are still meeting your conditions. He explained you do not know what will arise in two years. Lori Roth inquired how she can do this on two years and asked Council to help her understand. She stated she is a widow with two children at home, and hates to have to play that card, and she is putting everything into getting this property. If she only has two years, she will lose her home trying to pay the rest of it. She explained it is $4000 a month. She would like to know how to run the school profitably, she is willing to do the two years but cannot do a two year lease. It was discussed that there is a misconception that you are denied in two years. Councilmember Kirkham explained it is only if you violate the terms of the contract. Scott Hall clarified they cannot guarantee anything and that there will be another Council at that time. Scott Hall advised legally they cannot grant more than two years because they have not done that with the other schools. Leah Schneider asked if you could put in there not to exceed a number of vehicles rather than based on enrollment. Scott Hall stated you have to comply with the ordinance. He stated they cannot limit you by the number of cars. Mayor Ard asked what the building capacity is per fire code. Lori Roth stated she divides square foot per child which would allow for over 100 in the building. It was discussed what the other building was and how many parking spaces are required for them. Councilmember Bean suggested waiting till next council meeting when we City Council Minutes 07/19/2007 -- 4 have more information. Tom Hunsaker explained the parking on our ordinance. He explained daycare is different from schools. Councilmember Kirkham suggested we set an enrollment cap. Cameron Hern, 4296 Christy Circle Ammon, stated she is a parent that has children enrolled. She stated that if they continue this, they may not have time to get setup. Councilmember Kirkham stated she wished they were debating the quality of education, because they are 100% behind them. Unfortunately, that is not Council’s job and they have to make sure they don’t have traffic congestion and no one gets killed pulling out of the lot because st we allowed more cars than we should have. It was discussed they would love to expand 1 Street, but cannot fit it in the budget now. Councilmember Bean stated the maximum capacity is 160 at any given time per Stacy. Council discussed the conditions that will be set with the CUP. Councilmember Kirkham motioned to approve the Conditional Use Permit for Lighthouse Montessori School for a period of two years: 1) the two year period will be to July 31, 2009; 2) the enrollment does not exceed 100 students at one time and does not exceed the parking ordinance; 3) that the start and end time is approved annually by the city planner prior to the beginning of the school year and will be staggered from the other schools; 4) that the entrance and exit will be separate and their location will be approved by the planning director; st 5) should the location and number of egresses and ingresses change due to the widening of 1 Street, they would make the adjustments to comply to the ordinance; st 6) they will not ask that traffic on 1 Street to be slowed or ask for a crosswalk in any time of the future, 7) and this will be a non-walking school. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 2. Sewer Line Reimbursement – George McDaniel: Councilmember Bean stated he feels we don’t have sufficient information to make a decision here tonight. It was discussed we have given him enough opportunities. Councilmember Bean stated the requirement of the development agreement was for him to bring the information to us and the information that has been provided is not sufficient. We do not know what they actually paid for by the information they gave. It was discussed they have never received the correct information and have been given many chances. Councilmember Bean motioned to deny the request for sewer line reimbursement for the sewer in Cottonwoods Hill based on lack of information to make a decision. Scott Hall suggested to modify the motion to - the City will not be involved with the termination of the reimbursement of the development agreement because the information is not ready. It was discussed we cannot deny reimbursement but we can say we deny the City’s participation in the reimbursement. We are the mediator in this, and he has not met the terms of the development agreement. Dave Chamberlain stated the agreement with Mr. McDaniel’s is already illegitimate because he took money out of the agreement already without notifying the city. He stated you could refer Mr. McDaniel to him if questioned. Councilmember Bean asked Scott Hall what we are denying. Scott Hall stated you are denying the City’s obligation to administer the collection of the reimbursement, so the City’s involvement is absolved. He stated the Council has made no less than three written requests and a number of other informal requests. He has breached his requirements under the development agreement. Councilmember Thompson inquired if there are any people that are hooked onto this line. Dave stated there is no way any one else can hook up until you get to the Cottages and the Cottages are McDaniel’s. Councilmember Bean motioned that the City denies its obligation of administering and collection of the reimbursement of the sewer cost as identified in the development agreement for reimbursement of sewer costs from Quail Ridge Division #4 to Mason Street, due to the fact, that the City has requested numerous written requests of Mr. McDaniel with set times and he has not done so as a result of that and has taken money outside the agreement. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 3. Site Plan – East Idaho Credit Union: Mayor Ard explained the Planning Director has looked at this and is okay with it. Councilmember Kirkham stated she spoke to Ron also about this and discussed the one concern on the property. Councilmember Bean inquired if we really want Site Plans brought before Council. He explained we have professionals to handle this. Leslie Folsom agreed it makes for a long agenda for Council each time. Council discussed this possibility, but made no definite decision. Councilmember Kirkham motioned to approve the Site Plan for East Idaho Credit Union. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. City Council Minutes 07/19/2007 -- 5 4. Water Conservation Program Update: Councilmember Bean inquired why we didn’t know our Well #8 went out. Rick stated the SCADA System didn’t call him and he has someone coming next week to fix it. Rick presented some water pressure figures to Council. Council discussed the water pressures for different areas. Councilmember Bean inquired to the Mayor what establishes the PSI you put in the water. Mayor Ard explained when he set it to 80; it went up to about 2600 gallons per minute. Councilmember Bean asked what would happen if you set it at 85. It was discussed the pressure is not there for very long. It was discussed the capacity at the well is 42 and he is had it as high as about 36. Councilmember Bean suggested increasing it. Rick explained it is maxed out – close to the well will have plenty of pressure, but it is not being used close to the well. It was discussed that is the primary well. Rick explained the graphs that he handed to Council. Mayor Ard inquired if there is anyway to turn that pump up more. Councilmember Bean suggested having a professional look at this. It was discussed Keller will be coming next week to look at it. Mayor Ard asked Keller to see what they could do to increase the pressure. Council asked Rick to print out these for day by day. Rick explained how the system records the figures. Councilmember Bean inquired how much one of the gauges cost. Rick explained they cost about $500 each. It was discussed he could stagger where he takes readings. Councilmember Bean stated water pressure matters to him and the patrons of the city. Rick asked if he has approval to put exhaust fans in Well #8. Mayor Ard gave him a nod. Scott Hall suggested spending about $1000 to put one in each quadrant so you have any idea of what is running. Councilmember Bean stated this was a problem over a week ago and wonders why the problem has not been addressed. Rick stated he would like to know what Keller has to say. City Administrator Bruce Rose stated phone calls are down concerning water. He stated he did get a call from a gentleman in Centennial Ranch. The gentleman also called the Health Department, which, in turned called DEQ. Mayor Ard said we are not getting calls because people’s expectations are low. Bruce Rose stated this is the first call he is aware of that went through to the Health Dept and the DEQ. He wanted Council to be aware. 5. City Sponsorship of Ammon Day Celebration: City Administrator Bruce Rose stated we put this on the agenda at Scott’s request. We had a previous discussion on insurance; Scott recommended we take official action in th the meeting stating we are the primary sponsor of the Celebration on August 25. Bruce would also like a list of volunteers and those that are being paid by the committee to sign a waiver. Councilmember Kirkham asked if there will be a dunk tank. Bruce stated it is an activity that is planned. Councilmember Kirkham motioned that the City of Ammon will officially sponsor the Ammon Days Celebration and direct staff to proceed with the appropriate waivers. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion passed. 6. 3565 E. Sunnyside Re-zone R1 to C1 – Ord. 438: Councilmember Bean read Ordinance #438, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION by title and motioned that OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings by waived. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite –Yes. The motion passed. Councilmember Bean read Ordinance #438, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH by title and motioned to adopt Ordinance #438 as an PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE ordinance of the City of Ammon on this third and final reading. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite –Yes. The motion passed. DISCUSSION ITEMS : 1. Residential Weed Maintenance: City Administrator Bruce Rose explained what we usually do for residential weeds. He explained most people comply with our letters we send. However, some have not this year. The next step would be to send a certified letter with a certain amount of days to get rid of their weeds. He explained he got a quote from All American Yards. A tractor would be $75 per hour and a weed whacker would be $30 per hour. Bruce explained we would have to front the cost, if they did not respond to our letter. At that point we bill them, and then if they don’t respond, we have the right to lien the property. It was discussed we do not currently have a policy on the subject. It was discussed we could let them know it will cost them more if the City has to do the work City Council Minutes 07/19/2007 -- 6 for them and we need to let them know that in the letter. Scott Hall requested sending a CC copy to the attorney for the City. 2. Misc.: Scott Hall spoke about the Sheriff contract. He explained they made some changes with the contract. He read the letter he received from the Sheriff’s office. Councilmember Bean stated they are not prepared to sign that contract, because it does not have the amount they requested. It was discussed to look it over in a work session. Councilmember Kirkham asked for a copy of the letter, she feels it does not reflect what they discussed. It was discussed the difference in price was due to the way the Ammon shift is configured. Councilmember Bean asked Councilmember Kirkham to tell him to give us a price without the Ammon shift. Scott Hall stated this agreement doesn’t state what the Ammon shift will do, etc. It was discussed we are guaranteed an officer at 24 hours at a time. It was discussed if he is called out, we may not have an officer. Councilmember Bean stated it needs to be stated in the agreement. Councilmember Thompson stated he had a neighbor approach him about junk in their front yard. It was discussed what constitutes junk. Bruce Rose explained Ty investigates those claims. He stated we do have ordinances that apply to junk in yards. st Councilmember Thompson discussed that July 31 is the deadline to decide what we will be doing with the gazebo issue. If we do not comply, we will not be eligible for other grants. Councilmember Thompson explained burying the lines in $35,000 and the gazebo costs $38,000. He commented we could build our own gazebo for a few thousand less and then use the extra to help pay for the cost of the lines. Councilmember Kirkham stated we bury the lines and build the gazebo. Councilmember Thompson agreed. Councilmember Waite asked if any other parks are out of compliance with the power thing. Bruce Rose stated there is a light in Peterson Park, but he doesn’t think it counts. Bruce Rose will let Ken know and get the contracts to the Mayor. Councilmember Bean asked if we have had any response from Greenfield regarding the letter we sent them for landscaping. Bruce stated he did not send a letter, but spoke to them personally. He stated they are having a battle amongst themselves between what is common area and what is private property. He explained he requested a meeting with the homeowner’s association. He is waiting to hear back from them. Councilmember Bean inquired if Council would like to consider a deadline on this issue. Councilmember Bean suggested we set a deadline for th September 30. Bruce stated they were making an attempt, but then their issue came up. Councilmember Bean th recommended Council set a September 15 deadline. It gives them the rest of the summer; if they do not do it then we will and charge them. Leslie Folsom stated the minutes stated they were to do it as soon as the sidewalks are in. th She stated Scott recommended it and Council agreed. Council agreed to a September 15 deadline. Councilmember Bean spoke about a letter he handed out to everyone. He explained there is one change since we last discussed this. He stated the interceptor line is not sufficient. He feels if we are going to continue with development we need to get this taken care of. It goes down Sunnyside and Crowley – a 30” line for both respects. Councilmember Bean stated we will get the letter to the Mayor to sign and send out. Leslie stated she would proof the letter and get it to the Mayor. Councilmember Kirkham talked about the people that were past due with water payment. She stated that she had a discussion with Councilmember Bean and they determined if they would pay the $1200 now, then we would be done this issue. She stated another group of people came in with the same issue that same day and they let them do the same. She stated we have sort of locked ourselves into this by allowing it thus far. It was discussed the policy is usually a 90 day payback period. It was discussed we discounted the one by 20%. It was discussed these were extenuating circumstances and we are not penalizing those that are paying correctly. Councilmember Bean stated he does not have a problem in authorizing Lisa to go up to 10%. Councilmember Kirkham asked to please give staff the direction to extend the school zones for Hillview and Sunnyside to the full length of the school yard. She stated the law enforcement will not enforce until we comply to that because the zone is not long enough. She stated the citizens group has also asked for it. They would like to see no left turn out of Hillcrest High School. Scott stated he believes that is part of the Conditional Use Permit for them. It was discussed East was an entrance and right turn only. The West was an exit and a right and left turn – it was to be striped and signed. Councilmember Bean asked if we can take the school zone right to the west entrance. It was discussed that would be okay. It was discussed that would be the Westside of the west entrance. It was discussed they would like to see “Black” there at least once a week. It was discussed to extend on Midway also to the curb. Councilmember Kirkham stated she would go out and stake out where the signs will be for the school zones. Councilmember Kirkham stated Dean Ellis mentioned the mutual aid agreement and indicated he does not want to do it. He wants to do an outside agreement. In other words if they come help us, then they would charge us for time and equipment. Stacy stated that is fine but we will have to charge them for coming out and helping on the hill with the recent fire that was there. Dean didn’t like that idea. She explained we can decide which agreement we want. It was discussed an outside agreement would be best. City Council Minutes 07/19/2007 -- 7 Leslie Folsom stated one thing we did not talk about in the work session concerning the bartender license. We have misdemeanor down and we cannot give them a license. She mentioned that we need to clarify what the misdemeanor involves – to eliminate speeding tickets, etc. It was discussed they would put this on work session. Councilmember Bean motioned to adjourn to executive session. Councilmember Kirkham seconded. The meeting adjourned at 10:40 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 07/19/2007 -- 8