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11012007CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, NOVEMBER 1, 2007 AGENDA : CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, NOVEMBER 1, 2007 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Kirkham Prayer – Councilmember Thompson MINUTES: None ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A (docs pending) PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: st 1.Kartchner Homes Bill for Engineering Services 1 Street (docs pending) 2.Approve Change Orders and Final Pay Request – Family Care Center Water Line Project th 3.Annexation/Development Agreement LDS Church 17 Street Subdivision Div. #2 th 4.Ord. 448- LDS Church 17 Street Subdivision Div. #2 DISCUSSION ITEMS: 1.Shut-off – Termination Issues 2.Misc. EXECUTIVE SESSION: 1.Personnel 2.Potential Litigation Issues 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 Engineer Lance Bates City Planning Director Ron Folsom City Attorney Scott Hall City Clerk Leslie Folsom City Officials Absent: None Councilmember Waite led the Pledge of Allegiance to the Flag and Councilmember Thompson offered the prayer. MINUTES: None City Council Minutes 11/01/2007 -- 1 ITEMS FROM MAYOR : Mayor Ard stated he met with the attorney on the water hearing for Tuesday and they hope to get something worked out. CONSENT AGENDA : CITY OF AMMON CONSENT AGENDA Thursday Novem ber 1, 2007 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2007: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Lane Bryant #4580, LLC – Retail Sales – 3015 S. 25 E. th B.Urban Chic – Retail Sales -2797 S. 25 E. HOME OCCUPATION PERMITS 2007: 1.NEW HOME OCCUPATION PERMITS: A. Patentability, Inc. – Internet Subscription Website – 4016 Journee Circle Councilmember Thompson motioned to approve the Consent Agenda as presented. Councilmember Waite seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Bean – Yes. (Councilmember Kirkham had not arrived yet). The motion passed. Leslie Folsom inquired of Council if they liked the layout for the Account Payable Consent Agenda better. Council stated they did. Councilmember Bean inquired about $4800 bill for plan checks/plan review. He inquired if that is 2007. City Administrator Bruce Rose stated it is 2007. Councilmember Bean motioned to approve the payments as proposed and submitted with the addition that JRW and Assoc., Inv# 1310182007, will go against the 2007 budget; as well as Gene’s Radio for Council microphones will go against the 2007 budget. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson - Yes. The motion passed. Leslie Folsom had each Councilmember sign the Accounts Payable Consent Agenda. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Randy Spaulding, 2049 Eagles Homestead Drive, stated he had an issue with his water bill last month. He stated they got behind and received a disconnect notice from the City. He stated the disconnect notice was effective Monday. He stated what happened was they did not get in to the City by 5:00 to get the bill paid, and he came in Tuesday morning to pay the bill and was informed there would be a $100 charge for the disconnect and reconnect fee. He stated the service was never actually interrupted, so his first issue is he would like to get his $100 fee back since there was no actual extra cost to the City regarding that. He stated secondly that he spoke to the City Clerk and she was unable to do anything at all to change the policy or to give any kind of leeway. He feels there should be someone in the office with the authority to change those kinds of things. Leslie Folsom explained that on the statements, after they are two months late, Lisa sends out a delinquent th statement approximately the 11 of the month. She gives them one week, then sends a door hanger out to warn them of the shutoff. There is a $10 for that notice. Then the shutoff notice is sent. Once it leaves the office, which is usually at noon, then the $100 fee is applied. She explained it based on $50 turnoff, $50 turn on and all the other expenses included for trying to collect. Leslie stated she talked to Mr. Spaulding about it and advised him that the Council governs them for rules and regulations. She explained the only way to make exceptions is to come before Council and have them address it. Leslie stated she doesn’t feel Council should have to change the rules they have given to staff. Councilmember Kirkham stated the problem is they want to have fair and consistent application of the law. She stated they do not want to grant a lot of leeway because we want to make sure it is fair and consistent. She stated if we start to make exceptions in one case then it’s hard to justify not making exceptions in the next case. Councilmember Kirkham inquired to Mr. Spaulding if all those steps Leslie Folsom talked about happened for him. Randy Spaulding stated as far as he knew yes, he thinks he may have overlooked the one in the mail because they don’t check their mail often. He stated he did receive the notice on the door. Councilmember Kirkham inquired if there were any special circumstances as to why he couldn’t get in the four day period. He stated there was nothing tragic, just that they are very busy people. He stated he is a graduate student and works full time also. His girlfriend City Council Minutes 11/01/2007 -- 2 is a manager of a local restaurant in Idaho Falls. They didn’t find time to get in. He stated he must have looked at st the notice wrong, because they thought they had until the 1. Mayor Ard stated you were already two months behind when that came. Randy Spaulding agreed. He stated what happened before is that he had written a check st dated September 1 for September’s water bill. He thought his girlfriend brought it in, she thought he brought it in. Leslie Folsom stated you have to have certified money or money order at that point to pay the bill. Randy Spaulding stated that was an issue as well. He feels the $100 fee is excessive especially where they did not have to come out and disconnect service. He stated people make mistakes. He feels the rules are quite stringent and feels the office should be able to handle things like this instead of having to come before Council. Mayor Ard stated he doesn’t think that is going to change. Councilmember Kirkham stated that it has been an issue in the past which is why it is this way now. Mayor Ard stated the City still has to pay the bills whether the constituents pay their bills or not. He stated they don’t wait on us either. He stated to keep the rates low; they can’t allow a lot of leeway. Randy Spaulding stated he understands that but there is only one hour of business time between the deadline and when he came in to make the payment. Councilmember Kirkham stated there has to be a deadline and you have to stick with it. Councilmember Kirkham stated she is sorry, but feels it has to stand. Council agreed. ACTION ITEMS : st 1. Kartchner Homes Bill for Engineering Services 1 Street (docs pending): City Engineer Lance Bates stated he had some information Council may not have. He stated part of the bill was for right of way st acquisition which is nearly complete. He stated it is a good idea for that road to continue on through 1 Street. Approximately $1145 of that was for the right of way. Councilmember Thompson inquired if we have the full right of way or are the parts missing. Ron Folsom explained there is one that has not been signed. Leslie Folsom stated they talked to Steve Martin, the attorney for the Clements, and there has been a piece of document he put out that he made an error on. He had to clarify it and have the Clements family come in and resign it. Right now the County shows it published so they are holding it because of that error. There is just the one legality to take care of. Councilmember Waite inquired what balance they are looking at. It was discussed it would be about $3400. Councilmember Thompson inquired if this information is useable for the next person who puts in the sewer line. Lance stated it is. Councilmember Bean inquired about the $1145 if it was for developing the legal description. Lance stated yes it was for that and for the background checks and everything else associated with the legal description. Councilmember Bean inquired how it is included in the invoice. Lance explained how the bill was made up. Councilmember Bean inquired if Lance had a chance to look at the plans. Lance stated he looked at them briefly and they are approximately 80% complete. Councilmember Bean inquired if we will use the line. Brad Stauffer, representing Troy Kartchner, stated he believes you have to have a lift station right where the sewer currently ends by Walmart, no matter what you do there. He explained all of that property st will flow to that point. He explained if someone on 1 Street goes into IBSD, they will have to have a lift station to go the other way. Councilmember Bean inquired if everything will gravity flow from southbound through. Brad stated that is correct. It was discussed to the end of Curlew where a lift station will be. th Councilmember Bean stated we can gravity back to Curlew and lift it up to get it to 17 Street. Brad stated the reason they are here is they have moved forward in good faith, but they went ahead and got the items done and sent the bill in as requested by the City Council. Councilmember Bean stated that they would not be paying for this if the line was going in, you would be paying for the engineering. He stated the only reason we are being asked to pay it is because you guys pulled out of the project. Brad stated he doesn’t believe that is true. Councilmember Bean stated they did not agree to pay for the engineering, they agreed to pay $100,000 for the line to contribute to building the line. Brad stated that was at the time enough to cover engineering, cost of sewer, everything. He stated if we were going to put money into going toward Walmart, Curlew it would not make any sense for them, they would go through Iona, Bonneville. They feel they were doing what the City asked us to do and move forward with it. He stated Ammon and Iona have a disagreement on which way is the right of way. Councilmember Bean inquired if Lance had a chance to look at the IBSD map. Lance stated he got a copy, but stated it is very confusing as to what is going on. Councilmember Bean stated he is curious as to how much we will use that line. He assumes it will be a substantial amount. Councilmember Thompson commented he thought the property to the east is in IBSD. City Administrator Bruce Rose explained there are two types of IBSD property. He explained this property is annexed. The west of the section line all the way to Hitt, none of that has been annexed. Ron Folsom stated basically everything west of Curlew could be serviced by this line. City Council Minutes 11/01/2007 -- 3 Mayor Ard stated we requested this to be done. Councilmember Bean inquired if we have the plans and will we retain the plans. Brad stated that is correct. Ron Folsom inquired if they want to attach as footage fee. Councilmember Bean stated not necessarily. He feels the developer who puts it in there ought to pay for it up front, the first developer. He feels we should be reimbursed up front. He stated to put it as a 07 expense. Councilmember Bean inquired if it is engineered right up to Curlew. It was discussed that they think it is. Councilmember Bean wondered if he is going to do a proportion of that, he needs to pay us a proportional part. It was discussed we want it reimbursed up front as a front footage fee. Councilmember Kirkham motioned to approve payment to Kartchner Homes for the engineering st services on 1 Street for the amount of $3474. City Administrator Bruce Rose stated the money is still owed to Mountain River Engineering. Councilmember Kirkham motioned to approve payment of invoice from Mountain River Engineering when we are invoiced, on the condition that: 1) the plans are retained and owned by the City of Ammon; 2) that all future development pays up front a proportional part of the engineering services; 3) that this is a 2007 expense. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed. 2. Approve Change Orders and Final Payment Request – Family Care Center Water Line Project: City Engineer Lance Batesstated they changed the numbers per what Lance requested. He saved us about $1500. Lance stated the change orders were legitimate. Councilmember Thompson inquired where the water line goes. Bruce Rose explained it goes from an easement in the Woodbury property from Eagle over to Zions Bank and then down and to where Well #10 will be and ends there. From Well #10 it goes east across the private property on a utility easement, cuts along a lot on Wackerli and then goes down Wackerli to Township and then goes back west and that is how Family Care Center will be fed, and then goes east again and hooks into the water line right on Township in front of the LDS Church. Councilmember Bean inquired if we are fully connected to Eagle. It was discussed it is not th hooked together. Councilmember Bean stated they have a hearing coming up on the 6. He stated we need to be prepared to start that well immediately. He doesn’t feel everything is ready. It was discussed it is ready to go. Bruce stated we can be done in a matter of weeks. It was discussed that Harper-Leavitt is doing the engineering for us. Councilmember Bean stated we just need to be ready to go to bid. It was discussed we need to get moving on Well #11 also. Councilmember Bean motioned to approve the application for the final payment for the Family Care Center. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. th 3. Annexation/Development Agreement LDS Church 17 Street Subdivision Div. #2 : City Planner Ron Folsom explained where the property is located. Mayor Ard inquired what the front footage is. Ron Folsom explained it is the front footage on the whole thing. Councilmember Thompson inquired if the footage is for street, curb and gutter, sidewalk but not sewer and water lines. Ron Folsom explained yes it is. Councilmember Bean inquired what is directly south of that in terms of development. It was discussed directly north and west are developed. The only thing that is not developed is one lot to the west, one home. It was discussed we don’t need to worry about sewer then. Councilmember Bean inquired if it develops to the center line as if it is 5 lanes. Ron Folsom said yes. It was discussed footage fees will be collected at time of the building permit. Councilmember Thompson inquired about the secondary water. It was discussed they do have water rights coming out of the ditch there. Councilmember Waite motioned to accept the Annexation/Development Agreement for the LDS th Church 17 Street Subdivision Division #2. Councilmember Thompson seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes. The motion passed. , th 4. Ord. 448 LDS Church 17 Street Subdivision Div. #2: Councilmember Waite read Ordinance #448 AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND ZONED AND HEREBY ANNEXED AND ZONED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS Councilmember TH ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (17 Street Church Subdivision Div. #2). Waite motioned that City Council dispense the rule requiring the reading of the ordinance on three different City Council Minutes 11/01/2007 -- 4 days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion passed. , Councilmember Waite read Ordinance #448 AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND ZONED AND HEREBY ANNEXED AND ZONED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID Councilmember Waite motioned to adopt Ordinance #448 as an TH LANDS (17 Street Church Subdivision Div. #2). ordinance of the City of Ammon on this third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion passed. DISCUSSION ITEMS : 1. Shut-off Termination Issues: Lance explained they are running into situations where shutoffs are hard to find. He would like to know if we can get in there and use time and material to charge them. Leslie Folsom commented that when Lisa goes to do collections – they know we can’t. It was discussed Lyndon Hall was the same way. You have to dig up the road to do it. He would like to know if we can charge them time and material for our repair work to install valves so we can shut it off. Councilmember Thompson stated he had a similar experience, the City had told him if it was on his side of the valve, it is his problem. If it is on their side of the valve, then it is their problem. He feels that would be the same situation here. Leslie stated it would be at our request. Councilmember Thompson stated if we want to put a valve in, then we should pay to put a valve in. He explained that once the valve is in, then anything on our side is our cost and anything on the constituents’ side would be theirs. Councilmember Bean commented that we are being forced to doing something we don’t have to do if they were paying their bill. It was discussed most of old Ammon doesn’t have shut offs. Lance stated he is talking about scenarios where we are forced to do a shutoff. Scott Hall commented that we could charge them because it is not on the main trunk line. He explained we run the trunk line and anyone can get service from that line, but they have to pay to do that. He feels the most consistent treatment is from the stub off the transmission line from there into the home is the homeowner’s responsibility. Lance commented another way to do it is to take care of the line and the service line up to the meter. It was discussed to add a charge onto the bill. Councilmember Bean stated one of the things lacking in the past is when we establish something like this we don’t put it in writing. He asked Lance to put something in written form for that. Leslie stated we could add it to our water resolution. Councilmember Bean feels it is more of an internal policy. Scott commented about putting something in the ordinance about people doing anything to obstruct the shutoff. Ron Folsom explained one of things in the Fire Department ordinance is in the resolution there is mitigation where there is a big fire we will charge for it for whatever reason for time and materials. He stated we can put that in an ordinance and resolution. Scott commented people causing the shutoff to be inaccessible. Leslie stated we can send them a letter telling them what will happen if they do not pay their bill. Lance will help establish the policy for time and material cost. th 2. Misc.: Lance stated they have a bid from Imperial Asphalt to do some crack sealing. He stated it is to do 17 st Street and 1 Street and is about 2.75 miles and is about $11,000. This money is to come out of the chip seal budget. Council agreed. Lance inquired if Councilmember Bean has talked to anyone about Tank #8. We need the sight for the tank before we can move forward with the design. Councilmember Bean stated he forgot. Councilmember Thompson stated he would not like to see it right on John Adams. It was discussed we need about 2 lots. It was discussed we may need more space then that. It was discussed we need at least an acre. It was discussed we would buy the property. It was discussed the triangle near the school is about an acre. Councilmember Bean stated he would talk to Arave. Lance stated he is concerned about some of the things they have on the plans for Hawks Landing. Councilmember Kirkham stated we need to do that at a work session. Ron Folsom stated they will be here for work session for next week. Lance stated he would like to order some books because we only have one licensed water operator in the City right now, if he is gone we really need someone else. He wants to get people studied so they can take a test. Lance stated there is a meeting in Boise in November for water law and he is planning on going. Council agreed. Councilmember Thompson stated he had someone come to him and say the trees on the Kmart exit are blocking the view. It was discussed to have Shawna look at it. City Council Minutes 11/01/2007 -- 5 Councilmember Waite stated the Hillcrest exit is bad due to traffic. He feels it is dangerous. Councilmember Kirkham stated they should only be turning right because there is a sign there. Councilmember Kirkham stated she will call law enforcement. It was discussed the resource officer should be available also. Scott suggested calling Mr. Miller and announcing they will be ticketing for it. Tom Hunsaker, Planning and Zoning representative, commented they use the west exit instead of Sunnyside. Councilmember Waite commented they tend to race through Eagle so we will need to enforce there also. Councilmember Kirkham stated the wire in the Cottages is still there and wonders if we know what it is. Lance stated the wire is ours and it is the operating system for our control valves. It was discussed it is not temporary; they need it for the Scada system. He stated they can try to do something to make it look better, but that is the location of it. It was discussed it is an eyesore. It was discussed they may be able to bury it partially. Councilmember Kirkham commented tomorrow is Charles Smith funeral for anyone who would like to know. City Administrator Bruce Rose commented about he received notice from IDWR that we need to join a groundwater district for potential mitigation purposes. He stated that Kent Foster petitioned to join the Bonneville/Jefferson Groundwater District on our behalf. They stated we could join and then sent us a $6000 bill th which we did not know what it was for. He sent a letter to them as requested by Council dated September 25 to rd explain the rate. They did not respond. They sent another letter October 23 and they did not respond to that letter either. Mayor inquired if we have a contact there. Bruce stated Dane Watkins is one. Bruce stated after two letters he thought we could call them, pay it, or wait for explanation. Mayor Ard asked Bruce to make a copy and he will try to call them. Leslie Folsom talked about refunding utility deposits after they have been paying for year. She inquired if we could do that with the garbage dumpster deposits also. She explained there are only 54. Council agreed. She explained it is not a budgetary item. Leslie Folsom talked about future election locations and that churches are not an option because too many people have a problem if they are not of that belief. She stated she checked on schools, and could not get any guarantees. She stated she would check into the Gables. She asked Council to try to come up with locations. It was discussed we had problems with schools due to possible pedophiles. Leslie inquired as to why we only use the soccer arena every other one. Councilmember Kirkham stated she did not know why. It was discussed it is a perfect location. Councilmember Kirkham inquired if we are using the old fire station. It was discussed it may not be a good location. Councilmember Bean motioned to adjourn to executive session for personnel issues and litigation issues. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Kirkham – Yes. The motion passed. The meeting adjourned at 8:55 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 11/01/2007 -- 6