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01032008CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JANUARY 3, 2008 AGENDA : CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, JANUARY 3, 2008 - 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 CONCLUSION OF FISCAL MATTERS FOR 2007 -CONSENT AGENDA: Business License Accounts Payable – Exhibit A OATHS OF OFFICE: Councilmember Lee Bean Councilmember Rex Thompson Councilmember Brian R. Powell Councilmember D. Ray Ellis ELECTION OF COUNCIL PRESIDENT: ITEMS FROM MAYOR: Council Assignments P & Z Appointment – Steve Richards PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Site Plan - Ricks Farm Div 1, Lot 8, Block 2 DISCUSSION ITEMS: 1.Holy Rosary School Endowment Foundation - Bingo Facility 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 Engineer Lance Bates City Planning Director Ron Folsom City Attorney Scott Hall City Clerk Leslie Folsom City Officials Absent: None Councilmember Kirkham led the Pledge of Allegiance to the Flag and Councilmember Thompson offered the prayer. MINUTES: None City Council Minutes 01/03/2008 -- 1 CONCLUSION OF FISCAL MATTERS FOR 2007 – CONSENT AGENDA: Mayor Ard stated we needed to finish some year end matters. The first item is the Business License. CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday January 3, 2008 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2007: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Grasmick, Lindzey – Daycare Employee Sunny Day’s Daycare – 4366 E. 17 St. 2.RENEWALBUSINESS LICENSE APPLICATION: th A.Walgreen’s – Retail Sales – 3475 E. 17 Street th B.Aspen Ridge Eye Care – Optical & Retail Sales – 3456 E. 17 Street Ste. #150 C.Trusswork’s, Inc. – Construction – 1362 Terrill Drive D.Henderson Medalist Restoration & Cleaning – 1436 N. Trellis Lane Suite #1 th E.Sally Beauty Supply – Retail Sales – 1799 S. 25 E. th F.T.J. Maxx #375 – Retail Sales – 2965 S. 25 E. th G.Key Bank National Assoc./Ammon Branch – Banking – 2655 E. 17 Street th H.Idaho Ballet Theatre, LLC – Dance Instruction – 4390 E. 17 Street th I.Rocknaks Hardware Plus – Retail Sales – 1520 N. 25 E. th J.Rex’s T.V. – Retail Sales – 2995 E. 17 Street K.Decker, Paul R. – Finance – 3583 E. Briarcreek Lane th L.Sundance Shutters and Blinds – Retail Sales – 3320 E. 17 Street th M.Big 5 Sporting Goods #240 – Retail Sales – 1851 S. 25 E. th N.Sonic Drive – In – Restaurant – 2785 E. 17 Street th O.Ammon Craigo’s Gourmet Pizza, LLC – Restaurant – 3160 E. 17 St. Ste. #110 P.Pharmease, LLC – Pharmacy/Retail Sales – 1790 Sabin st Q.Snake River Montessori School, Inc. – School – 2970 E. 1 Street th R.Bed Bath and Beyond – Retail Sales – 3011 S. 25 E. th S.Famous Footwear #2124 – Retail Sales – 2053 S. 25 E. HOME OCCUPATION PERMITS 2007: 1.NEW HOME OCCUPATION PERMITS: A.B & L Flags – Retail Sales – 3075 Devonwood 2.RENEWAL HOME OCCUPATION PERMITS: A.Adamson, Roxanna – Salon – 2901 Brettonwood B.Bishop, David W. CPA – Accounting – 3042 Oakwood Circle LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2007: 1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Texas Roadhouse Holdings – Restaurant. – Liquor by the drink/beer/wine on premises – 2535 S. 25 E. th B.Firehouse Grill - Restaurant – Liquor by the drink/beer/wine on premises – 2891 S. 25 E. th C.Cellar - Restaurant – Liquor by the drink/beer/wine on premises – 3520 E. 17 Street th D.Legends – Retail Sales/Beer Sales off premise – 3480 E. 17 Street MISC: MASSAGE ESTABLISHMENT A. Garcia, Leah K. – Massage Therapy – 2675 Sawtooth. Councilmember Kirkham motioned to approve the Business License Consent Agenda. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – yes, and Councilmember Bean – Yes. The motion passed. Mayor Ard stated the second item is the Accounts Payable. Councilmember Kirkham motioned to approve the Accounts Payable Agenda as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Waite – yes. The motion passed. City Council Minutes 01/03/2008 -- 2 OATHS OF OFFICE: Councilmember Lee Bean, Councilmember Rex Thompson, Councilmember Brian R. Powell, and Councilmember D. Ray Ellis: City Clerk Leslie Folsom read the oath for the City of Ammon with Councilmember Lee Bean. Councilmember Lee Bean was sworn in. City Clerk Leslie Folsom read the oath for the City of Ammon with Councilmember Rex Thompson. Councilmember Thompson was sworn in. City Clerk Leslie Folsom read the oath for the City of Ammon with Councilmember Brian R. Powell. Councilmember Powell was sworn in. City Clerk Leslie Folsom read the oath for the City of Ammon with Councilmember D. Ray Ellis. Councilmember Ellis was sworn in. ITEMS FROM MAYOR : 1. Council Assignments: Mayor Ard selected the Councilmembers for the following positions: Budget / Investments - Councilmember Bean, Mayor Ard to assist Parks & Recreation - Councilmember Waite; Councilmember Thompson to assist Public Works - Councilmember Ellis; Councilmember Waite to assist Fire Department/IT - Councilmember Powell; Councilmember Kirkham to assist Physical Operations Office - Councilmember Kirkham, Mayor Ard to assist Building Dept/P&Z - Councilmember Thompson; Councilmember Powell to assist Sheriff’s Contract/Metro Fire - Councilmember Kirkham, Councilmember Bean to assist 2. P & Z Appointment – Steve Richards: Mayor Ard stated they have a recommendation for Planning and Zoning. Planning Director Ron Folsom explained if the impact area that we have proposed to the County is approved, we will be required by the State to increase our Commission by one member. Mayor Ard stated Steve Richards is a resident of Ammon since 2001 and lives in Woodland Hills Subdivision since March of 2007. Councilmember Kirkham inquired to Ron if we have any other representation at this time from Woodland Hills. Ron stated no. Ron stated new Commission members would be good from Briarwood or Centennial Ranch. Mayor Ard stated they would take any suggestions for Commission members. Councilmember Kirkham motioned to approve the Planning and Zoning appointment for Steve Richards. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – yes, Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Yes. The motion passed. 3. Sheriff Paul Wilde: Sheriff Wilde stated they have brought the guys in that work Ammon and their supervisors. He talked about the possibility brought up by Councilmember Kirkham regarding an Ammon shift. He stated in talking with the Sergeants, it is their opinion, they would prefer to be the supervisor over that and be able to control all the guys out there and making sure all the areas are covered. He stated the commitment to Ammon is that they will continue their contract. He stated there is sergeant on at all times that can be contacted through dispatch. The sergeant will have one of his people, on shift, assigned to Ammon. He explained the Ammon Deputy that is assigned will be assigned for 6 months and that is their evaluation period. He explained it is an easy breaking point of keeping track. You could have the same person for a year or more, it just depends on what evaluation and who would like to work where. He explained they also have dedicated detectives to keep the City covered. He wants Ammon to feel they are getting value for their dollar. Lieutenant Sam Hulse stated he is over the operations for the Sheriff’s Office, which are the Patrol Division, Detective’s Division as well as the Court Marshals. He introduced Sgt. James Foster and Det. Carl Miller. Ltn. Hulse stated in addition to the patrol division, you get our Investigative Division. He introduced Det. Sgt. Marshall as the head of the Detective’s Division. He explained Det. Noah is assigned to our Ammon division. He explained other detective’s also take Ammon’s calls too because one is not enough to handle the call volume in Ammon. He introduced Sgt. Sorenson, Sgt. Ricks, Sgt. Edwards and Sgt. Casper as the four Patrol Sergeants for the Sheriff’s Office. He introduced Deputy Fielding, Deputy Ward, and Deputy Crapo. He explained Deputy Chandler is absent. These are the people currently assigned to Ammon. He stated they are also here to field any questions Council may have. Councilmember Kirkham stated they do not have any questions, at this time, but they are very grateful for the service they provide us and are very aware of what you do every day. She thanked them. Mayor Ard stated he visited with Sheriff Stommel a couple of times and one of the things the Mayor expects is a great relationship to continue. Sheriff Wilde agreed. ELECTION OF COUNCIL PRESIDENT: Mayor Ard explained Councilmember Bean has been our Council President, but we have the opportunity to change or review that every year. Councilmember Thompson stated Councilmember Bean has done a good job and has been our Council President for a long time. He stated he sees in City Council Minutes 01/03/2008 -- 3 the future that since we do not have a City Administrator, the Council President and the Mayor will be required to have more time spent in the office. He stated that Councilmember Kirkham has been assigned to Office Personnel and expects that she will be there a fair amount of time. He feels she has an interest and enthusiasm to be our Council President. He nominated her for the position of Council President. Councilmember Ellis seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, and Councilmember Kirkham – Yes. The motion passed. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Robert Taylor, 4279 Miranda, stated he got his tax notice a few weeks ago. He noticed the property taxes went up 23% which seemed like a lot of one year. He feels we should put Councilmember Kirkham’s name in lights with her phone number. He explained Mr. Ard is in Rexburg all day long and no one else is here in charge. He assumed the taxes went up with the assumed value of his home, however, it was a year ago that his was assessed. He stated the levy rate went up 15%. Councilmember Bean stated he has not seen the levy rate. He stated he was not here for the budget hearing, but will try to make sure he is here next time that happens. He stated the budget went from $7 million to $33 million in two years. Mayor Ard stated most of that is the sewer and water projects that we have to budget. He stated the general fund levy has gone up 60% in one year. Councilmember Bean stated the biggest majority comes from new housing and commercial. He stated over the past several years there has been an accumulation of tax revenues that we have not taken, to the tune of about $350,000. He stated had we have been taking them over the past few years, you would not have seen that levy rate come down over the last 4 -5 years like it has. He explained it was .22 and has come down to the .19. He stated it became necessary to take those foregone revenues this year because of the substantial increase in our police budget that we needed to cover. Robert Taylor asked if they can make the jump all in one year to make up for those arrears. Councilmember Bean stated that is correct. Robert talked about the expenditure side of the notice. He explained the fire protection rate has gone up 1000% in two years. He explained it went from $200,000 in 2006 to $2.2 million in 2008. Councilmember Bean commented if you look at their day to day operational expenses, you will find that they have not changed substantially over the past few years. He explained the increase is coming from equipment purchases that have to be funded by grants. He explained you don’t get to see the income side of the budget which says if we don’t get the grant money, then you don’t spend the money in the budget. Robert inquired how much a fire truck costs. Councilmember Kirkham stated about $750,000 for a ladder truck. Mayor Ard stated the other thing that has pushed the fire department budget is adding some full time people now that we did not have before. Robert inquired if the Metro Fire District that happened this last year had anything to do with this budget. Council stated it did not. Councilmember Bean stated he can give him a full copy of the budget. He stated one of the things that you don’t see is the income side. Councilmember Bean talked about grant revenues. Robert inquired about the status of the wells and the water tanks. Mayor Ard stated IDWR is going to let us start drilling on Hitt Road with a drill permit, otherwise we would have to wait till summer. He stated they have a th hearing on the 16 of January. He explained we have protests on the other well site, not this one, so they are letting us start drilling on that one. He stated the tank on the hill is in design process and hopefully will start this summer. He hopes to have Well #10 by June. Scott Hall stated we are also looking for another tank site. It was discussed there needs to be some line work done on the hill. ACTION ITEMS : 1. Site Plan – Ricks Farm Division 1, Lot 8, Block 2: Planning Director Ron Folsom explained where the property is located. It was discussed there are two building sites left. Councilmember Thompson inquired with this site if more parking spots are added. Ron stated they will add the parking for this building but not much because it is already included for this piece of property. Alan Cunningham, 1020 Lincoln Road, stated based on their conversation from Planning and Zoning he brought another site plan noting one other item on the Site Plan that was requested by Lance. It was discussed the building would be a mixed use of commercial, for example, like a coffee shop. There could be five different businesses. Parking issues were discussed. Councilmember Powell inquired how many stalls there are now. Alan thinks there are 30 and the new one has 32. Ron stated the parking meets what is required by that building. Ron stated the issue they have with that building is they should have required the parking in front, but it is in back. Ron stated he doesn’t know if these will be just daytime businesses. He explained there is a drive thru and there is no additional landscaping required. City Council Minutes 01/03/2008 -- 4 Tom Hunsaker stated one thing that might help is the philosophy of the owners of the overall agreement. He explained they have the common parking agreement but they also make sure each business individually own the parking spaces. He explained we are not taking any from any one else. Ron Folsom stated this area is also part of the area that is granted for the 9 foot parking spaces rather than the 10 foot. Councilmember Bean inquired about parking that was tagged for certain businesses and how they had to remove it. It was discussed this development would not tag theirs. Alan stated back in 2005 they did a site plan for TGIFridays and there was letter concerning the parking situation. He explained the history of that and why there was parking put in the back. He explained the parking has been communicated from the City to Hawkins-Smith. Alan stated the parking along the front adjacent to the building are all 18 feet in depth instead of 20 because of expanded the walk for another two feet. The vehicles can overhang on the walk and not impede walking. He explained everything else is in harmony. Ron stated Planning and Zoning’s recommendation was a unanimous yes. Councilmember Bean motioned to approve the Site Plan for Ricks Farm Division 1, Lot 8, Block 2. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes, Councilmember Kirkham – Yes, and Councilmember Powell – Yes. The motion passed. DISCUSSION ITEMS : 1. Holy Rosary School Endowment Foundation – Bingo Facility: Ron Folsom stated this Foundation is not a part of the school, but the money they raise goes to Holy Rosary School. He stated they are not affiliated with the Catholic Church. They would like to open a 5000 square foot bingo facility. He stated they do not serve liquor and they do these regularly. They do them as a non-profit funding to raise money for the school. Ron interpreted it as a club. Ron stated in RSC, we allow clubs. He stated since then he and Tom have been talking and in PB we allow something like this. He would like to be Council with be comfortable with us granting it before we said yes. Councilmember Waite inquired if they have a spot in mind. Ron explained it would be in building over by Wal- Mart in the strip mall there which is HC1. He explained it would take 2 – 2 1/2 spots over there. Tom Hunsaker commented he grew up in Denver and he was in places like this as a kid and feels they are a good thing. Tom stated as far as our ordinance it would have to come from Board of Adjustments, which would be the seven Council members collectively to make the determination. He explained the different things it could fall under. Councilmember Bean inquired to Scott if there are any state statutes that regulate where gaming can be located. Scott stated we would have to check with the Gaming Commission to find out. Councilmember Bean suggested we call the Gaming Commission. Ron stated they have done it at Holy Rosary School which is a R1 zone. Councilmember Bean stated it is a stand alone facility and we should check on it. Scott Hall stated we need to ask them if it can be restricted to just bingo. Ron stated he would check and see if we could restrict it. He also said the gentleman that called stressed it was only for bingo. Councilmember Bean commented if they have to be licensed. Ron stated they do have to be approved by the Gaming Commission. It was discussed the Eagles do this on a regular basis, as well as, the Elks. Councilmember Bean inquired if those are open to the public. Ron stated the Eagles is for sure. Ron also stated they inquired about smoking. It was discussed they may not be able to under Idaho law. Ron inquired if they lease the building, is it still private. Councilmember Bean commented about citizens being concerned about having a gaming facility in their city. He stated even though it is only bingo, it is how Fort Hall built theirs. It was discussed we would need a public hearing. Councilmember Thompson suggested we table the Holy Rosary School Endowment Foundation Bingo Facility until we get further information from the Gaming Commission. th 2. Misc.: Ron gave an invitation to the members for the P&Z Appreciation dinner on the 16. He stated it is a buffet, but just need to know if you will be coming or not. Lance Bates stated he is working on saving money for water meters. He stated they have had some problems with some commercial facilities, Ameritel and Edwards Theatre. He stated the census company has a new meter and it costs less than the one we bought for Ameritel. They will credit us the cost of the Ameritel and Edwards and order the new ones. It was discussed these can be read electronically. Councilmember Bean stated Lance can make that decision and you don’t have to bring it to Council. Ken with the Parks Department stated when they put the sprinkler system in Woodland Hills this last fall; they have been invoiced for damages caused by Rockwell. He stated we had all the trees planted when we put in the sprinkler system. They used the neighbor’s power to run the controller. He explained Ryan from LawnTech and he met with the backhoe operator and told him not to dig in certain places and where they need to hand dig. The backhoe operator from Rockwell did not heed their council and he cut the wires. The first page is for the controller that fell to the ground in its case. They bought it with a warranty on it but with this damage the warranty is void. This happened during the Labor Day Weekend. He stated in order to save the trees, he had to go Twin Falls to meet the gentleman from Boise to exchange a control panel to save the trees and we had to do it by hand. He talked from City Council Minutes 01/03/2008 -- 5 Ryan from LawnTech about the cost and he stated Rockwell is basically ignoring their involvement. Ken stated we do not have this in budget. Councilmember Bean suggested he send a nice letter to Rockwell along with the billing saying this is a result of their actions and we expect reimbursement within 30 days. He stated if they don’t respond we will move forward. Ken stated okay. Councilmember Bean said to only give them 2 weeks. Scott commented to CC it to him also. Leslie stated she had a couple of questions regarding licenses. She stated that with a massage license the owner has to go through investigations etc. She stated we did not anticipate hairdressers bringing in masseuses into their place of business. The owners don’t want to go through all of that nor is this what we wanted but it doesn’t allow exceptions. She would like to know if we change the ordinance if that would be acceptable. Councilmember Kirkham suggested drafting the ordinance specific to this condition. Leslie thought about having the business apply for the business license and for each individual masseuse to apply for a separate massage therapist license. Leslie stated the door locks caused some apprehension and she felt it was best to wait but she will now proceed with council’s request. It was discussed the lock is made specifically for us so we won’t have to re-key again. If someone does not return a key, they will have to come up with the cost for the City to re-key. Councilmember Kirkham inquired if the new phone system is in. Leslie stated it will be in tomorrow. Councilmember Ellis motioned to adjourn to executive session pursuant to Idaho Code 67-2345, Subsection 1.8F. They requested that Lance attend. Councilmember Powell seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes. The motion passed. The meeting adjourned at 8:45 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 01/03/2008 -- 6