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09182008CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 18, 2008 - 7:30 P.M. AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, SEPTEMBER 18, 2008 - 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Kirkham Prayer – Councilmember Waite MINUTES: July 10, 2008 ITEMS FROM MAYOR: Hometown Hero Award from Bonneville County Ambulance District (Chief Dean Ellis) CONSENT AGENDA: Business License Accounts Payable – Exhibit A PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1. Proclamation National Residents’ Right Week (Helen Stanton 522-5391) 2. Fire Station Change Order (Stacy) 3. Police Contract (Dana) 4.CID Progression for Dove’s Landing, Hawks Landing, Quail Ridge 2 and Founders Point 5. Amended Plat - Ammon Park Center D4 6. Site Plan – Ammon Park Center D4 7. Ord. 466 – Title 7, Chapter 1 – 8. Resolution 2008-014 – Certificate of Occupancy Penalties 9.Sommer Construction – Change Order (Lance/Scott) 10. Motion - Meters Required upon Construction DISCUSSION ITEMS: 1. Minert Drug Testing (Jennifer) 2. Church Metering Systems (Leslie) 3. . Misc MINUTES City Officials Present: Mayor Bruce Ard Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Brian Powell Councilmember Ray Ellis Councilmember Rex Thompson Councilmember Randy Waite Scott Hall, Attorney Leslie Folsom, City Clerk Ron Folsom, Planning Director Lance Bates, City Engineer City Officials Absent: None : CALL TO ORDER Mayor Ard opened the meeting at 7:30 p.m. at the City Office building located at 2135 South Ammon Road. Cameron Taylor (Boy Scout) led the Pledge of Allegiance. Councilmember Waite led the prayer. MINUTES: July 10, 2008 Councilmember Kirkham motioned to approve the minutes as presented. Councilmember Ray Ellis seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Ellis - Yes, 9-18-2008 City Council Minutes Page 1 of 8 Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes, and Councilmember Bean - Yes. The motion passed. ITEMS FROM MAYOR: Hometown Hero Award from Bonneville County Ambulance District (Chief th Dean Ellis): Dean Ellis presented the award to Cameron Taylor concerning an incident that occurred on August 11. At 10:40 am that morning, Bonneville County Ambulance received a call concerning a 6 year old female drowning in the Cottonwood Hills swimming pool. While rescuers were on their way, eleven year old Cameron dived down 8’ twice to bring her off the bottom, after which her mother administered CPR. These actions saved the little girl’s life. The Hometown Hero Award was presented to Cameron Taylor by Bonneville County Ambulance Service Chief Dean Ellis, Ammon Fire Dept. Chief Stacy Hyde and Idaho Falls Fire Dept. Union President Lance Johnson. C ONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday September 18, 2008 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE 2008: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Valley Assistive Living Center – Assisted Living – 2705 E. 17 Street B.McPherson & Associates – Financial Planning – 1488 Midway HOME OCCUPATION PERMITS 2008: 1.RENEWAL HOME OCCUPATION PERMITS: A.Pacific Coast Solutions – Consulting – 1937 Bobwhite Business License Councilmember Kirkham motioned to approve the Business License as presented. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Ellis - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes, and Councilmember Bean - Yes. The motion passed. Accounts Payable – Exhibit A Councilmember Bean talked about what should be in the budget for next year for individual departments regarding postage. He would like the postage machine to be tagged for the individual departments. Councilmember Thompson inquired about towing for the fire department. Leslie explained that the City’s deductible is $500 but zero for constituents. Councilmember Bean inquired if we are being reimbursed by DEQ for water reimbursements. Leslie stated we are. Councilmember Ellis inquired if the fire dept. building was about 80% complete. Stacy Hyde said he believes yes. Councilmember Kirkham motioned to approve as presented. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Yes. The motion passed. Councilmember Kirkham asked to have each councilmember review their department after Jennifer has it balanced. st It was discussed to have our bank account statements close on the 31. Concern was raised on Washington Mutual and Councilmember Bean feels that they won’t close their doors soon and we would lose $45,000 in interest (early withdrawal). It was discussed that Key Bank is all collateralized and they are backed by government securities. Leslie explained that Jennifer has a great excel spreadsheet, which she updates monthly, reflecting all the various CD’s for the City. Councilmember Bean discussed the banking industry. Councilmember Ellis asked about the budget multi-year balance adjustment. Councilmember Bean stated it had to do with the audit. Councilmember Ellis questioned pg 17 DEQ note payable and pg 18 where the DEQ funding is and how they interact? Councilmember Bean stated we should have funding coming in out of DEQ now. Councilmember Bean stated they will not interact because one is a balance sheet item and one is budget sheet item. It was discussed we have the DEQ funds and where are they? He stated it should be the same with the sewer fund, as well. Lance explained he is not sure we have any invoices on the sewer yet because they were first going through the City of Shelley. The council wants to be sure we are tracking it and Councilmember Bean will check with Jennifer. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None 9-18-2008 City Council Minutes Page 2 of 8 ACTION ITEMS: 1. Proclamation National Residents’ Right Week (Helen Stanton 522-5391) : Helen Stanton stated that Mayor Ard has been a big supporter for the past 5 years. They represent all the residents in long term care facilities and Ammon has three with one in the works. Ammon has approximately 200 residents in long term. In Bonneville County, they have 19 assisted living centers and 4 nursing homes. She explained they are the keeper of the resident rights, problem solvers, 50% outlive their care givers and they represent them. They would love Mayor Ard to sign the proclamation for National Resident’s Rights. They will make sure it gets to the three facilities. She appreciates the Council for putting them on the agenda. Mayor Ard signed the proclamation. 2. Fire Station Change Order (Stacy) : Stacy Hyde, 4125 E. Wanda, explained the change order from Doug James. He explained all the framing is done and they are starting the sheetrock. It was discussed it is a box ceiling. Councilmember Powell motioned to approve the fire station change order for J&J Enterprises. Councilmember Kirkham seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Yes. The motion passed. 3. Police Contract (Dana): Councilmember Kirkham motioned to approve the contract for the Bonneville County Sheriff’s Office for $929,031. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 4. CID Progression for Dove’s Landing, Hawks Landing, Quail Ridge 2 and Founders Point: Councilmember Kirkham commented she has the feeling that the developer is only thinking sewer but the City needs more. She talked about special assessments being too high for the developers to sell their lots and they will make that argument. She stated they said if they go above 1.4%, they won’t be able to do it. It was discussed what offsite improvements are in their development agreement. Councilmember Ellis commented that the CID will only do impact fee eligible projects, basically off site. Councilmember Kirkham inquired if the City’s idea is the sewer and the widening of the road; since it will go above 1.4% and will the developers still do it? Councilmember Ellis commented we don’t know how much they can finance yet. They might be able to cover more than that (the sewer). He stated, at some point, we can require it but not now. Councilmember Kirkham commented Sunnyside is a special situation since the cemetery district owns most of the road. She feels this CID is risky. She feels this might be a quick way to get out of the current agreement; she thinks they will say they want the CID strictly for the widening of the road and the sewer. We have the opportunity to throw out $250,000 and get the sewer line in. Scott Hall stated his concern is we really can’t do the CID because of the offsite situation. Are we already down the road because of this offsite agreement? Councilmember Ellis stated if we don’t do the CID the whole thing will fall through. Councilmember Ellis stated basically, Jeff is financing everybody. Ron was called and they will have Dove’s Landing to Ron for P&Z. Scott thought when the attorneys were here they were given the go ahead. After Jeff, he thought we have to do something within the confines of the current agreement. Ron thinks because of the impact area with the County, we have some leverage and feels the County will support us. It was discussed what is eligible for a CID and the risks. Councilmember Powell commented he doesn’t think we will get enough revenue to cover the offsite costs. Ron stated they have never been told they were expected to improve Sunnyside Road. Councilmember Kirkham stated she did tell them. She feels we are better off to go with the first agreement. Councilmember Kirkham stated the citizen then pays for the next 30 years. Councilmember Ellis commented they do it either way. Councilmember Ellis inquired if a park is impact fee eligible. Scott stated they aren’t proposing a $4.3 million CID. They would put it in the CID because it’s a better way to finance it. Scott stated they are reducing the cost of their lot and putting it on a tax fee. Councilmember Ellis stated it’s a better deal as a buyer. It reduces the amount of your mortgage and to be marketable they will have to reduce it. The other advantage is that you don’t have to finance it all since if you move the next person pays. Scott stated the problem is we are building from the outside in instead of inside out. Councilmember Bean inquired if there is a reason we don’t want to continue to see if the CID works. Councilmember Kirkham feels it is a waste of time. Mayor Ard said they will have to prove it to themselves. Ron stated from what he gathered yesterday if we put in the outside costs he will still move forward with the CID. Councilmember Bean inquired what would happen if we tell him here is a sum. Scott gave an example that you have four parties - one who is no longer alive and question whether his interest is his own or separate property. Scott stated it becomes a risk analysis – if you put money out front and everybody goes along with you but if one of the parties doesn’t agree, you just bought a lawsuit and still have a reimbursement agreement. If you pay less, then the risk goes down. Ron talked about Founder’s Point amount is 16.4% and if we discounted it 50%, it’s more than the 16.4% if we discount the $400,000 we requested. Councilmember Bean inquired what Jeff’s options are. It was discussed he needs to keep going. We have an agreement with him but he may not have enough money to cover it all. It was discussed that Quail Ridge is owned by ANB and now the FDIC has it. The reality is 9-18-2008 City Council Minutes Page 3 of 8 only one is going to proceed, for sure, out of the four. Scott stated you are truly dealing with only two properties. Councilmember Kirkham feels the $400,000 does not make or break this agreement. Councilmember Kirkham feels it’s in our best interest to invest in this. Ron stated we need to fix the sewer from Mason to Sunnyside. Mayor Ard stated we need to disconnect it and take it away from Mason. Councilmember Bean inquired if we were to correct this problem, what size piping. Lance stated we would need to run a 12 inch down and tie it in. Leslie gave an example of how to backup the agreement with Jeff doing a private side line of reimbursing us, if they come back at us. It was discussed whether or not he would take that risk. Councilmember Thompson commented when the Regional comes on the additional connections will benefit the City. Councilmember Kirkham commented it is a benefit to the City, Regional, Mason and future planning. Councilmember Ellis stated we all agree that if we widen Sunnyside, it benefits all. Leslie talked about a $200,000 potential exposure for risk and is it worth the risk. Ron said the two of them can take on the risk with Dove’s Landing included. Leslie stated we should give him an option with a back-up agreement and let him figure it out. Councilmember Bean stated he is not sure he has the financial capability of indemnifying this. Ron stated the point is that he if doesn’t have some kind of answer, he has to stop where he is at. Councilmember Bean inquired why he is spending money, if he does not have an answer. Councilmember Ellis stated he most likely has to show progress to keep his construction financing in place. Councilmember Bean stated we need to figure our level of risk. Councilmember Thompson said the actual amount is $348,748. Councilmember Kirkham commented she feels Jeff is asking for two things; 1) some contribution for the City to show good faith and 2) that we will hold Founders and Quail responsible, when they come on line. The council stated the City will not issue building permits until they come on line. Councilmember Bean stated we should offer $200,000 and let him come back to $300,000. Councilmember Bean stated we are talking about money we are not sure we even have. Councilmember Kirkham stated we have reserves; it is whether or not we want to spend it. Councilmember Kirkham polled the Council; Councilmember Ellis is in favor of the CID or $400,000 and no reimbursement, Councilmember Waite suggests $350,000 and waive the reimbursement and no CID, Councilmember Thompson stated $340-350 and waive reimbursement, Councilmember Bean is at $200,000 or nothing, Councilmember Kirkham is at $350,000 and waive reimbursement, and Councilmember Kirkham came in at $300,000 but now feels $350,000 is equitable and no reimbursement. Councilmember Powell commented it is contingent on funds and indemnifying us against claims. It was discussed to have his improvements in before he can get building permits. Lance stated he has told him that. Any reimbursement we have to pay, Jeff has to pay, Scott stated. Councilmember Bean feels we are taking too much risk for the developer. Councilmember Kirkham stated we are fixing our problem and fixing it for less. Councilmember Powell stated we made the agreement a lot cleaner. Councilmember Bean stated we don’t know if there is potential litigation out there. Councilmember Kirkham stated they cannot go beyond the agreement and we cannot kill the agreement. Councilmember Kirkham suggested having Ron convey the option to Jeff. Scott stated Jeff needs to defend, indemnify and hold us harmless. Councilmember Kirkham stated this benefits the City by enabling us to fix Mason’s line situation at less cost, insurance claims should stop, and planning for the future. Councilmember Bean is concerned about the litigation costs. Councilmember Kirkham said they can’t go beyond the agreement which is $220,000. Councilmember Kirkham wants Ron to contact Jeff and let him know that the council is willing to consider $300,000 - $350,000 with no reimbursement and indemnify the City as an option. Ron stated that if the whole oversize is $400,000 then we won’t reimburse back more than that no matter what. The City going it alone to replace the current inadequate 8” Mason line with a 12” line would cost $425,000. Mayor Ard stated we already know that the developers can get a 12 inch line cost of $70,000 less than the $425,000 so we are down to $350,000 for the oversize which would be the maximum liability. Ron stated the agreement says that the oversize was from 8” and above. Councilmember Ellis, Councilmember Waite, and Councilmember Thompson are willing to take the risk. Councilmember Powell inquired if we give him the money, can we get the line finished. Ron stated that we are still requiring the contractor to bond for the project and the City will need to be added to the bond. Councilmember Powell is Ok with the risk. Ron stated that Hawks cannot sell a lot until he has a plat. Councilmember Bean stated all he has to have is an agreement and an upfront escrow amount. Councilmember Kirkham stated the issue is the sewer line for the City not his project. Lance stated they have a bid from Sommer to put the line in. Scott stated if we put in $300,000 and our exposure is $300,000 we aren’t any worse. Councilmember Kirkham stated this agreement stands and we need to see what he is willing to do. 5. Amended Plat - Ammon Park Center D4 : Ron explained where the lot is located. Councilmember Powell asked if there were any frontage fees. Ron stated that there wasn’t because the City didn’t fund anything. Mayor Ard stated it was done long ago. Ron explained what is owned by whom. Councilmember Powell inquired why he doesn’t do it all at once. Ron replied because it’s per sale of the lots and due to his master plan. Scott thought before anything else comes forward in the City there should be a master plan and where they were going to stop on Cabellaro. Ron stated we didn’t want a four-way intersection. Ron stated P&Z approved the plat. Councilmember Powell motioned to accept the amended plat for Ammon Park Center Division 4. Councilmember Kirkham seconded. Roll call vote: Councilmember Powell –Yes, councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Ellis – Yes. The motion passed. 9-18-2008 City Council Minutes Page 4 of 8 6. Site Plan – Ammon Park Center D4 : Ron explained where the property is located. Lance stated this entrance will be the main entrance into this whole area – on the far left. This will be a large commercial center and if Lance puts it straight across it looks like a street, so that is why it is offset from Cabellaro. This is too close to Ammon Road to make any sense for a traffic light. Scott stated he keeps visioning getting out of Target. Councilmember Ellis stated the entry out of Albertsons is wider set between Key Bank and it’s less of a problem. Ron stated you have more entrances out than any other location. This is where the Council has asked to have it put. Councilmember Thompson stated he uses them all the time. Lance stated you don’t have enough room there to do an acceleration lane - this is about as good as we can do. Councilmember Ellis motioned to approve the Site Plan for Ammon Park Center Division 4. Councilmember Kirkham seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Powell – Yes. The motion passed. 7. Ord. 466 – Title 7, Chapter 1 – Addition of Penalty Clause : Ron stated he couldn’t find where it was in the ordinances to issue a fine for violation of the Certificate of Occupancy. Councilmember Powell read Ordinance #466, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING TITLE 7 OF THE CITY OF AMMON, CHAPTER 1, INTERNATIONAL BUILDING CODE NEW SECTION 7-1-3 PENALTY TO THE ADOPTED CODES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN Councilmember Powell motioned that the Council waive the reading of the ordinance on three EFFECTIVE DATE. different days and that the three readings be waived. Councilmember Bean seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Ellis – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Powell read Ordinance #466, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING TITLE 7 OF THE CITY OF AMMON, CHAPTER 1, INTERNATIONAL BUILDING CODE NEW SECTION 7-1-3 PENALTY TO THE ADOPTED CODES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN Councilmember Powell motioned to adopt Ordinance #466 as an ordinance of the City of Ammon on EFFECTIVE DATE. this third and final reading Councilmember Bean seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Ellis – Yes, and Councilmember Kirkham – Yes. The motion passed. 8. Resolution 2008-014 – Certificate of Occupancy Penalties: Ron explained that Charlie requested a $500 fine for residential plus $200 per day and $1000 commercial fine plus $200 per day. Councilmember Kirkham feels this is appropriate. Councilmember Bean stated this establishes fees. He wondered if it is a conflict with our ordinance. Ron explained it can be a misdemeanor and a fine. Scott stated you used the “shall” language in this so it’s OK. Council wants the penalty initialed by the applicant on the building permit application. Scott advised Ron to change the language to $200 per day for “any” occupancy without a Certificate of Occupancy. The council concurred. Councilmember Kirkham motioned to approve Resolution 2008-014. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham- Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson - Yes, and Councilmember Ellis – Yes. The motion passed. 9. Sommer Construction – Change Order (Lance/Scott): Lance explained the $1 million change order and that DEQ wants verification from the city attorney for the change order of this amount. This project will do the whole mile of th Crowley Road, down 21st, rest of the way down Castelli, across 17 to the Church. Councilmember Bean stated this is an addition to the project. Brent stated we could do a bid package but a change order would be simpler. Mayor Ard stated this makes sense since they have already brought the machine in and it costs $4500. Lance stated this will probably be spring work and we don’t want an open trench till spring. Lance stated we are trying to get it paved but it might not be chip sealed. Councilmember Powell inquired how much needs paved. Lance explained in between Fieldstone and Castelli, they will replace the whole thing. Scott stated if we get challenged this is not really a change order. You will need to make very specific findings as to why we are doing it, the need, costs will be less, etc. to make it safe. Councilmember Bean inquired why you feel it will cost less. Lance stated they can buy the products now. Councilmember Ellis stated we will save their costs of mobilization. Jeff Freiberg, Keller Associates, stated we could save the most money, if we get Sommer to lock in their prices now. Scott inquired do you know what the costs savings would be. Jeff stated no because they don’t know what the bid prices would be. Councilmember Ellis inquired how much would we save by not having you create the bid. Jeff explained the advertising costs and bid documents. It was discussed Stage 2 is not all ready. Sommer will be here all winter long. Councilmember Thompson inquired if you can piggyback on with what they are doing now. Lance stated no it’s on the other side of the road. Councilmember Bean stated they aren’t doing it until next spring. Councilmember Ellis stated they will be here all year. Councilmember Bean inquired why they won’t work on it through the winter. Lance stated because they don’t want to leave the trench open. Scott stated the mobilization is only $4500 of a $1 million. Mayor Ard stated that’s only one part of it. Jeff stated this is a cost estimate based on their figures. He can take it to Sommers and if you accept this, we 9-18-2008 City Council Minutes Page 5 of 8 will give you the change order. Councilmember Bean asked, do you think you will see an increase in ductile iron in the future. Jeff stated, not what it’s been in the past. Councilmember Powell stated if it only went up 10% in the next 6 months, you will save $42,500 if you did it now versus then. Scott stated his concern regarding this approach to funding is if you extend beyond a health and safety issue. Councilmember Ellis inquired why we don’t go out for bid now for it to be done in the spring. It was decided to put this off until next spring and wait on the change order. Councilmember Bean stated Sommers Construction will have the inside track because they are not going to have to mobilize. Scott stated it might cost more but we won’t want to borrow against it. The council decided that no motion was need since they aren’t going to proceed. 10. Motion - Meters Required upon Construction: Lance explained the type and brand of meter was the Sensus Radio Read meters. Councilmember Powell explained it is Y-Max capable. Lance stated the cost is about $350 a piece, but he does not have a hard cost. Councilmember Ellis stated we need to have them spec’d and available. Lance stated if they come to us to get the meter, we would have to store them in the shop. Councilmember Powell inquired how long it takes to get a meter in. Lance stated it might be 4-6 weeks. Councilmember Ellis stated you do it in the excavation stage, so they will want it in the 2-4 week time frame. Councilmember Powell asked Lance to get the specs, costs and delivery time by the next council meeting. Councilmember Kirkham motioned to table the meters required upon construction until we have the specifications the builders will need, and figure the supply and cost. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Ellis – Yes, and Councilmember Bean – Yes. The motion passed. DISCUSSION ITEMS: 1. Minert Drug Testing (Jennifer): Councilmember Kirkham discussed how the once a month drug testing has been being done and doesn’t appear to have been random. Councilmember Kirkham stated we should have the volunteer firefighters tested, also. It was discussed we need to revamp the contract to include them. Councilmember Bean stated they were tested before. It was discussed to include the stipend employees in the contract for drug testing. Councilmember Kirkham stated Jennifer asked to go once every two months because the once per month has not been happening. It was discussed we could do 30%. It was discussed Minert was doubling up on the testing on people. There was a glitch in the system. Councilmember Kirkham suggested having them do it right for 3 months without cost since they had a mistake. It was discussed to have 50% of the employees tested once per year. Leslie reiterated what the council wanted her to do which was to include the stipend firefighters, all employees 50% testing and go to Jeff Minert for something for the past errors. 2. Church Metering Systems (Leslie): Leslie stated she received a bill from Lance for 2” water meters for churches and asked Lance to tell her when they go in so she can start the billing. She stated Lance said he didn’t have a clear direction on it. Lance stated it will cost close to $5000 if not more, to get a meter installed at the church in the Cottages and the church on Tiebreaker. He inquired if the Council wants to spend that to get the churches on the meters. Leslie stated we have been billing for water only on one other church. She explained what the bill amounts were and feels we should pay back for these meters in a year. Lance just wanted to make sure Council is okay with the cost. Councilmember Kirkham stated if we are already reading churches, we need to read them all. It was discussed whether the church on Township was on a well or not. Lance will check into it. Leslie reiterated that she will get the readings started. st 3. Misc.: Lance stated there was a gap study done on 1 Street – there are plenty of opportunities of 20 seconds or more that would allow a left turn off of Tiebreaker onto First Street. A speed study was also done and 85% of the cars traveled between 30 – 35mph - they were doing a pretty good job of complying. He discussed the right turn only onto Tiebreaker Dr. out of the Tiebreaker Elementary parking lot and if we change that to allow a left turn out of the parking lot onto Tiebreaker then they could go up to First Street and make a left or right with reasonable expectations they won’t be backed up. Councilmember Kirkham stated there is no other compromise. It was discussed Guy is here, if there are any questions. Guy Blisner, Bonneville County School Dist Health and Safety Coordinator stated his name and occupation. Councilmember Kirkham inquired do you have enough space to stripe it. Guy stated there is currently an entrance and an exit. He explained the reason is when they had a manned school zone, a left turn off Tiebreaker was almost impossible. Guy’s concern is that there are enough gaps to allow people to turn left without backing up parking based on the increased speed. He feels this is a good answer. Councilmember Thompson inquired about a two way traffic area. Guy stated he won’t do it because it creates two way traffic inside the parking lot. Councilmember Kirkham stated the District had set this up at our request. Councilmember Thompson’s concern is that every car goes into Tiebreaker. Councilmember Kirkham stated but now they can go left and right. Councilmember Thompson said the problem is the school funding not covering bussing. Guy stated they would have to take that up with the State Legislature for their reimbursement formula. They won’t reimburse us 9-18-2008 City Council Minutes Page 6 of 8 for those miles and if the school can’t get reimbursed, they can’t do it. Guy stated they have also lowered the traffic by taking approximately 200 students and put them into Bridgewater and Discovery. Guy explained what they needed for reimbursement through the State. Councilmember Kirkham stated this is a good compromise. Councilmember Thompson stated the problem is in the afternoon. Lance stated there are larger gaps in the afternoon. Guy stated the issue is the people wanting to come 10-15 minutes early and sit in the parking lot. Lance stated the times of the study, 3:15 pm in 15 minutes they had 12 gaps of 20 seconds or more (gaps of 5 seconds each can serve a lot of cars). Lance stated if you add up all the gaps, there were a lot. It was discussed the problem was in the amount of parking available. Guy cannot do anything until next spring. Councilmember Thompson stated he is okay with it for this year. He wants a plan that will allow people to exit directly onto First Street. Guy stated he cannot do it. Councilmember Kirkham stated this is consistent with all the schools – one way in and one way out. Councilmember Powell stated Rimrock only has one road but it works fine. Lance stated the next topic is the 35 children in the Cornerstone area. Guy explained we are currently safety bussing them but kids are not using the bus and they have had three near miss incidents. Guy stated given the number and amount of phone calls, we have an issue that will need to be addressed. Guy stated he is simply making the council aware of the concern that has come to the school. Scott inquired has the principal explained to the kids that if you walk across the street without a crosswalk they are breaking the law. Guy stated yes he has talked to the principal. He stated the principal told the parents he won’t send his children across Ammon Rd. and if they do send their children across it to put a crash helmet on their children and kiss them goodbye. Guy feels it will be similar to the Sunnyside issue. Lance talked about a Safe Routes to School. The State still has not figured out what they are going to do. Rich Hardy, Idaho Traffic and Safety, is talking to an attorney for the money that Ammon owes him and sponsored and applied for in 2007. There was probably close to $87,000 of equipment that was bought and $20,000 installed and they haven’t been paid for it. There is still some responsibility and we should probably pay for what was installed and keep fighting to get reimbursed from the State. Guy stated to Lance’s credit he was in Boise and they are not unwilling on the issue. He talked about with the initial development of the Safe Routes to School Program and Lance has an email from them on what they need to get that done. They have radically altered the program. Lance stated they have gotten so tied up in bureaucracy, it is impossible to comply with their requirements. Councilmember Kirkham inquired if this is the Rimrock signage. Lance stated it is the major one and it was scheduled for First Street, Sunnyside and Midway. Mayor Ard inquired who ordered the equipment. Lance stated Idaho Traffic and Safety at the request of Bruce Rose, as a sponsor of the program. Guy stated it was a reimbursement program. Mayor Ard inquired if we have submitted for reimbursement. Lance stated yes. They had the numbers but that hasn’t covered the bureaucracy. Councilmember Bean stated it sounds like they don’t have the money. Guy stated yes they do but the problem is when they released it - it was a simple process, however, the federal money portion has changed that. Councilmember Bean asked Lance if we need a letter written on Scott’s letterhead asking what they need. Lance stated he has an email today as to what they need now but he doesn’t know if he can provide all of this. Bruce Rose didn’t know that it needed to be documented the way it is needed now. Councilmember Bean stated he has a hard time believing we are going to be held responsible for something we did not know. Lance stated there was equipment bought and installed on good faith. Idaho Traffic Safety wants to be paid. It was discussed they installed $27,700, part on Sunnyside, speed radar signs and improvements on Midway and Township Road and a number of different projects. Councilmember Kirkham stated you would like us to pay for the installed portion. Lance stated we will get as much information as we can to verify what was installed. Lance stated this is too costly “free” money to go after. He will get documentation on what was installed and where and get a firm price. Lance stated he will get it done. Councilmember Bean inquired about where to take it from in the budget. Lance stated road construction and improvements 2007. Councilmember Bean stated it is ok to do this month. Guy will help anyway he can. Concerning the possibility of relocating City Hall, Councilmember Ellis stated Dean Mortimer has not received a letter yet. It was discussed the Mayor has it and it was a Letter of Interest. Mayor Ard stated he does not think he has it. Ron will check and see if he has it. th Leslie stated Terry Koster owns the property on 14 North. He does not want to pay utilities and wants to shut it off. She called Falls Water and they stated he did have it shut off. She asked Falls Water if they could let us know when he reconnects and they didn’t think they could. Leslie would like to know what the council wants her to do. It is a big building nd that has water going in and there were cars parked outside. Falls Water stated he had it shut off on the 22 of August. He will not let us in and says no one is there. Councilmember Ellis stated it should not be occupied until we know what kind of use it is. Scott suggested posting it, notifying them the City needs to be contacted before it can be occupied. Councilmember Ellis said the building should not be occupied until the use can be determined. Councilmember Kirkham motioned to move to executive session pursuant to State Code 67-2345, subsection 1 (a) (j). Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, 9-18-2008 City Council Minutes Page 7 of 8 Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes, and Councilmember Bean – Yes. The motion passed. The meeting adjourned at 10:22 pm. ________________________________________ C. Bruce Ard, Mayor __________________________________ Leslie Folsom, City Clerk 9-18-2008 City Council Minutes Page 8 of 8