Loading...
12042008CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, DECEMBER 4, 2008 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, DECEMBER 4, 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: ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: DISCUSSION ITEMS – OUT OF TOWN PRESENTER: 1.Evaluations Northwest (Lee/Leslie) ACTION ITEMS: 1.Broadband Fiber Network for the City (Patterson/Powell) 2.Future Well House Designs (Ellis) 3.Resolution 2008-015 Modify Fire Inspections for Business Licenses 4.Sanitation Truck Evaluation (Lance) 5. Residential Homes in Commercial Zones (Ellis) DISCUSSION ITEMS: 1.Parks Public Grant Notification (Ken) 2.Input on City Code Proposed Changes (Ron) 3.New Year’s Meeting Date (Leslie) 4. Garbage Only from Developer Accounts - Billing Corrections (Leslie) 5.Misc. MINUTES City Officials Present: Mayor Bruce Ard Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Brian Powell Councilmember Randy Waite Councilmember Rex Thompson Councilmember D. Ray Ellis City Attorney Scott Hall City Clerk Leslie Folsom City Planning Director Ron Folsom City Engineer Lance Bates City Officials Absent: City Treasurer Jennifer Belfield 12-4-08 Council MinutesPage 1 of 9 Mayor Ard opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South Ammon Road. Councilmember Kirkham led the Pledge of Allegiance and Councilmember Waite offered a prayer. MINUTES: None ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday December 4, 2008 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE 2008: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: A.Family Care Center, Inc. – Mental Care Facility – 1675 Curlew Dr. th B.Bean, Linda – Daycare Employee/Sunny Days Daycare – 4366 E. 17 St. LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2008: 1. RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Lawrence, Jennifer M. – Bartender Texas Roadhouse – 2535 S. 25 E. Business License: Councilmember Bean motioned to accept the consent agenda as presented. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes and Councilmember Kirkham – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Powell inquired when the interest would start accruing on the DEQ bonds. Councilmember Ellis will check with Ted from The Development Company. Councilmember Bean inquired how the postage was being monitored. Leslie said Building, Parks, and Fire are being billed separately but the proprietary funds are all under the general government and appropriated quarterly. Councilmember Bean asked why the machine was purchased under the IT Department. Bruce Patterson explained that all machines will be bought under IT and appropriated out to the departments. Councilmember Bean motioned to accept the accounts payable agenda as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes and Councilmember Ellis – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Norm Gunderson, Gunderson Electric, P. O. Box 121 Menan, ID 83434. He explained he came in for a permit a while ago and was only able to get a temporary permit because his contractor hadn’t, at the time, obtained the original permit. As he proceeded on his temporary permit, he installed and buried gray conduit and when the electrical inspector found it she placed a stop work order on it, saying he needed to get his final permit. When he came in to buy his permit he was informed that he was getting double fees due to not purchasing the final permit. He feels like he hadn’t started the project yet and a warning should have been made or as far as the other counties they put the temporary permit in with the permanent permit. Leslie advised the Council that Jane Shaw had written them a letter explaining her procedure. Councilmember Powell asked how much the fee was. Norm said the fee was $1700 times two. Councilmember Ellis said he had to buy a permit for temporary service for a temporary service and meter. Norm said yes he has done this in Idaho Falls, the State and Rexburg. Councilmember Thompson said as he understands it the problem is that the cement was poured over the conduit without an inspection. Leslie said Jane said she needs to be able to 12-4-08 Council MinutesPage 2 of 9 inspect the seams to see that they were sealed properly so when the wires go through she can be assured that it is safe and she can’t do that now. Councilmember Bean said that Jane has gone to the extra effort of checking with other inspectors in other areas and they concur she has made a fair and equitable decision. Councilmember Ellis said he just did a residential project with the State of Idaho and they had to buy a temporary permit, inspect the trench and conduit before they could bury and buy a separate permit for the house which is standard procedure. He said that working from a contractor point of view every jurisdiction is different but she is acting within the electrical code. Councilmember Ellis concurred that the seams need to be inspected. Councilmember Ellis said she is acting within the scope of the code and feels we need to back her up. Councilmember Thompson stated according to the letter, Charlie feels the same. Councilmember Powell stated that he feels some of our fees are excessive. Councilmember Ellis said the City has adopted the code and this is the way it is written. Councilmember Thompson said he doesn’t understand why he hadn’t purchased the general building permit before the temporary permit which would have allowed him to purchase the rest of the permit. Councilmember Bean said we need to do what is in code or it would penalize the ones that are conforming. Whenever you make exceptions it affects the rest going forward. Scott Hall said if this is a safety regulation what do you do – do you make them tear it out. Norm said “what difference does it make”. Scott said apparently the international code feels it’s important. Councilmember Bean feels Jane is being somewhat lenient since she isn’t making him tear it out and just requiring the fine. DISCUSSION ITEMS – OUT OF TOWN PRESENTER: 1. Evaluations Northwest (Lee/Leslie) Councilmember Bean explained that Evaluations Northwest performed an appraisal several years ago and when he was reviewing the document he had some questions concerning the appraisal process. Gary McClanahan, Valuations Northwest, 17 N. Orchard Street, Boise, ID. 83706 passed out a handout concerning their business. They recommend reconducting the study every 3 – 5 years depending on how well you keep up with your information. The reasons is for the insurance with proof of loss, the insured has to prepare a list at the time of the loss, also for property management of assets and GASB 34. Overvaluing your assets has you paying too much for premiums and undervaluing makes the City have to make up the difference when there is a loss. Evaluations Northwest made an appraisal in 2004, however, last year on ICRMP’s behalf they redid 6 buildings. They do all of ICRMP’s appraisal work and ICRMP pays for the appraisal on buildings worth $200,000 or more. Councilmember Bean inquired as to what appraisal standards are used to establish an item’s value. Gary said that was easier to answer through an example which includes pictures. Councilmember Bean inquired if their appraisals are based on Marshall and Swift. Gary stated they do use Marshall and Swift and they use Beck for another portion, but they use other companies as well. This is different than a real estate appraisal it is called a Safety Cost Analysis. ICRMP simply deals with building appraisals. Evaluations Northwest performs the equipment appraisals. Councilmember Bean inquired if these are replacement values. Gary answered yes. Councilmember Bean asked Leslie if we have these valuations. Leslie explained that we had just gotten the book last week for their valuations in 2004. Councilmember Bean asked if we have a copy of the appraisal that was recently done for ICRMP which we should be allowed to have. Leslie stated she was unaware that the City could request the details for this appraisal and will follow-up on and request it. Mayor Ard is concerned with the evaluations since the City Building costs more than the fire station and they have the fire station valued much higher. Councilmember Bean asked how Evaluations Northwest puts a value on labor. Councilmember Ellis inquired how they handle donated infrastructure. Gary stated he didn’t know. Gary explained he is basically the salesman for Evaluations Northwest. Councilmember Bean inquired of Leslie as to the figure we use for entering items into assets. Leslie stated it was triggered at $5000 for the individual projects and above. Councilmember Bean said he’s not so concerned about the books going forward but he is concerned about the previous construction valuations. Councilmember Bean asked if the values were only on the structures but without labor. Gary said that they do include labor. Councilmember Bean said he has concerns then. Councilmember Ellis asked if the portion of the City system that was originally constructed with federal money is included. Councilmember Bean said he feels it should since it’s the City’s system and this is where his concern is. Gary said they use straight line depreciation. Gary said from the insurance standpoint it’s different, since there is always a value. Councilmember Ellis asked how we get to a value when at 30 years its value reaches zero therefore at 30 years it becomes a huge liability to the City. Councilmember Bean said he is pretty confident that the 2004 valuation doesn’t include labor. Gary will check on that and get back with the council. 12-4-08 Council MinutesPage 3 of 9 Councilmember Bean asked what Evaluations Northwest would like to propose. Gary said they would like to reappraise the buildings and redo the inventory on the equipment and make sure it is all up to speed. ICRMP feels if you don’t have a building listed then it’s not covered. If there’s a claim they will pay half of it, but if it is listed they will pay the whole thing. Councilmember Bean asked if our insurance is replacement value. Leslie stated yes. She explained that she compares the insurance with the items she lists with the audit to be sure everything is included to the best of her ability. Leslie states as far as the audited figures go, she takes into consideration the entire project, she lists every expense for the auditors then when they approve it they condense it down into one figure which is moved into the main sections. Gary said the asterisk is a discount if the City purchases the whole thing. The first six are the ones that are appraised and the rest are the buildings that haven’t been appraised. Councilmember Bean said the appraised values are more for insurance purposes then. Gary said yes, however, they add the property accounting so that you know where all the computers are. Councilmember Bean said we might need to have an inventoried control unit. Gary said they can make a room summary report then you would have all the information. It is a Windows format to keep up with the inventory details. Gary said if the Council feels there is something wrong with Evaluations Northwest’s original numbers they can look at it again. Councilmember Bean said he doesn’t want to have him defend it, he just wants to know if the labor is included or not. Gary said Councilmember Ellis can sit down with Joe Smith who is the owner and main appraiser and go over the details. Councilmember Bean asked if the City has them perform the equipment valuation – can we keep it up. Gary explained that the City bought the program in 2004 but two years ago quit paying for the updates. Gary said for $200 we could have the program up and going with the updated information if they perform the equipment valuation. Councilmember Bean said there is interest in having them come back to conduct an equipment valuation, but they would like Gary to get back to us regarding whether the infrastructure on sewer and water is materials only and to get a sample disk of the updated software for Bruce Patterson to review. Councilmember Bean th asked Leslie to put it on the Dec. 18 agenda as an action item and would like Bruce to give them his feelings for the disk. Councilmember Ellis stated he will get with Joe Smith and talk concerning the figures. The Mayor and Council would like Councilmember Ellis to review with Joe the fire station and City building appraisal and what is included. Leslie will call ICRMP for the appraisals. ACTION ITEMS: 1. Broadband Fiber Network for the City (Patterson/Powell): Bruce Patterson explained the City needs to determine if Broadband Fiber Network is basic and essential and if it is then the City can consider serving these needs for the community. He wants permission to conduct a feasibility study to see if the City wants to pursue this venture. This letter will allow Robert Peterson to partner with the City to perform the study at no charge to the City, but will allow him to get his expenses back. Bruce explained that Scott has reviewed the contract. Councilmember Powell motioned to accept the Broadband Fiber Network policy brief for the City of Ammon, to accept the memorandum of understanding and to authorize the Mayor to sign. Councilmember Kirkham seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes and Councilmember Bean – Yes. The motion passed. 2. Future Well House Designs (Ellis): Councilmember Ellis showed the Council the architectural design drawings for Well House 10 and would like to propose this for future well houses. Councilmember Thompson said he wondered if this well house should reflect how all well houses should be designed. Councilmember Ellis said doing them the same will allow for a cost savings. Councilmember Ellis said Skidmore has built a couple in Camore Loma at the top of the hill and they look good. The Council discussed the different structures that might be available for future designs. Councilmember Bean asked how everyone feels on #7. Lance stated it is taller than the one Councilmember Ellis is showing and there is a lot of wasted space. Lance said he estimates the change order would be in the range of $75,000 - $100,000. Jeff Freiberg stated he thinks it would be closer to $50,000 - $75,000. Councilmember Kirkham said if we could come up with a universal design it would save the expense but she doesn’t want this one to be the universal one. Jeff Freiberg said we are doing a new design for Well 9 and could get the architectural design done for the Council’s review. Councilmember Bean asked Jeff to make it look esthetically nice and reasonable. Councilmember Ellis motioned to table the future well house designs. Councilmember Kirkham seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, 12-4-08 Council MinutesPage 4 of 9 Councilmember Waite – Yes, Councilmember Thompson – Yes and Councilmember Powell – Yes. The motion passed. 3. Resolution 2008-015 Modify Fire Inspections for Business Licenses: Ron explained the dog licenses were added for Shawna. Councilmember Bean asked if the title was addressed properly. Ron stated he will fix the title. Councilmember Bean wanted to change the asterisk from “no general business license required” to “general business license is included”. Ron said he will correct this. Scott Hall asked if adult store is properly titled. For example, if a child walks in the liquor store does this mean he walked into an adult store? Councilmember Ellis asked if we would even want to allow it into the City. Ron stated that a City has to allow it because of a court ruling. Leslie said we can change it to sexually oriented business which is what we are trying to define. Councilmember Bean motioned to approve Resolution 2008-015 changing the resolution title as mentioned and that changing the asterisk from no general business license to reflect that general business license is included in the cost of the license and adult store to be changed to sexually oriented business. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes, Councilmember Powell – Yes and Councilmember Kirkham – Yes. The motion passed. 4. Sanitation Truck Evaluation (Lance): Lance explained that the City received the bids, with one vendor submitting four bids with different options. He is presenting to Council with the one that he feels best suits the City’s needs since all bids had exceptions. This bid is from Lake City International for Auto Card stock chassis, Heil bed, 24 yard capacity, side load automated garbage truck. Councilmember Waite asked what “retrofitting existing” meant. Lance said it means we have two rear load trucks now and we will put a retrofitting unit on them, in case, the automated truck goes down then we can still be operational. The automated trucks can handle over 1000 homes a day instead of 300 which is what we can do today. Lance covered with Council all the different bids that were submitted. Councilmember Ellis motioned to accept the Lake City International bid number 4 for the garbage truck with chassis, side load bed and retrofits totaling $234,285. Councilmember Bean seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes and Councilmember Powell – Yes. The motion passed. 5. Residential Homes in Commercial Zones (Ellis): Councilmember Ellis explained to Council that there are residences in the City being billed at the commercial rate since the home is in a commercial zone. Leslie explained that the Council in the past decided that there were too many subjective decisions being made for the utilities. The Council, at this time, decided that if it was in that zone then the rate for that zone would apply and if the business or residence didn’t want this then they could come back in for a rezone. The problem with this specific location is that it’s been in the commercial zone forever and it is been operated as a home. She suggested if the residence is in a non-residential zone and has never been used as commercial then they can still receive the residential rate applicable to the size of the lot until such time as they use it as commercial, and from then on the commercial rate will always apply. Ron explained some of the other locations that this would apply toand he feels there are only 3-4 homes to which this would apply. Councilmember Powell suggested if you have a residence in a business zone but there is no business license then they would pay residential rates and if any reason it goes commercial it will stay commercial for the duration. Leslie and Ron would like the Council to make a policy so they aren’t breaking the Council’s rules. Councilmember Bean motioned if there is a residence in a commercial zone that is truly a residence not being used as commercial then we will go as residential rate and when it is used as commercial for any reason and acquires a business license then it will STAY COMMERCIAL FOR THE DURATION. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes. The motion passed. Councilmember Ellis asked if we are going to refund any monies. Council said that the law just changed so no. 12-4-08 Council MinutesPage 5 of 9 DISCUSSION ITEMS: 1. Parks Public Grant Notification (Ken): Ken explained to the Council that the City received a grant for an ADA lift chair for the swimming pool and it is now installed. Ken said he is writing a grant from RTP which is a trails grant from the State and requires a public notification of what he will be doing with this grant. He is trying th to get a grant for a walking path for Falcon Park so we can get access to 17 Street and part of this will connect the park behind Albertson’s to Falcon Park. Councilmember Bean asked if there has been clarity as to who has to maintain the path behind Albertson’s. Ken said it is up to Albertson’s. Lance said it’s not being kept up and he gets calls consistently. Ken said they try to keep the weeds down and the papers cleaned up which takes a whole day to do it. Councilmember Bean said to start billing them for the time to clean it up. Leslie asked if we could send a letter explaining the billing procedure. Councilmember Bean said this would be OK. Ken stated two years ago the City put $2500 into the Albertson’s walking path to try and fix it up. Mayor Ard thinks all the requirements are in the agreement for the shopping center. Leslie will check into the agreement and advise Ken. Ken said part of this grant for Falcon Park is to connect the paths together, as well as, some paint and signs to put in our streets to try and connect these parks together. Ken stated he has 48 trees going into Falcon Park. Ken said the next grant is a land and water conservation fund from the State for Peterson Park. At Peterson Park he is trying to remove the round-a-bout to make it safer with more space and have ADA accessibility. Also part of this grant is to put in a 25 x 50 shelter with water and power. He would also be expanding the playground with ADA swings, climbing items, wood chip carpet and a tiny 8 x 16 mini shelter with a bench so that parents can watch their children. Councilmember Bean asked how much it costs to do this project. Ken said it was $178,000. Ken is asking for $178,000 but feels they will ask for a 50% match which could be in kind contributions or money. Ken stated he is working on 4 – 5 more grants. Ken stated he has approximately $90,000 but there will be in kind contributions with labor, design, going to Boise, and writing the grant. Leslie stated Ken is getting to be our best grant writer. Ken said we will keep the existing playground but we will make it bigger and work to meet the regulations between the play equipment to make it ADA accessible. This is one area the City truly needs. The Council thanked Ken for his efforts. 2. Input on City Code Proposed Changes (Ron): Ron covered all the proposed City code changes. In particular they were: a. Title 5, Chapter 4 Dog Licenses removing the requirement of vaccinations. b. Daycare section had various issues for clarification, as well as, if taking care of children under 5 years of age children under 5 years of age then they have to meet all the requirements of a daycare worker. The 8 hours of training can now all be done online. No smoking, alcohol or guns are allowed at a daycare unless secured. Rules were rewritten for rejecting licenses due to law violations. c. Title 8, Chapter 3 requiring water meters on all residential homes. Commercial areas may be metered separately for landscape. Leslie explained to Council that the churches we are putting meters on don’t have a separate meter for their landscaping. The Council will need to be considering a correction for the charges through the summer – possibly doing what we do with the schools. Councilmember Ellis suggested doing an average of the winter months through the summer for the sewer portion. Discussion ensued if the City should require a separate meter for landscaping or not. Council decided to make it mandatory to install a separate landscaping meter for commercial. Discussion ensued concerning charging a permit fee for authorizing anyone filling their trucks through our fire hydrants. The Council asked Lance if he wanted a secretary or a public works director. Councilmember Kirkham mentioned she talked with Charlie to allow Lance to use Gay. Charlie stated he was ok with this. Discussion ensued concerning backflow prevention devices and the inspection thereof. d. Shawna requested to be able to ticket a vehicle that is parked on the wrong side of the street. e. Title 4, Chapter 9 door to door salesman was added. f. Changing home occupations so the fire inspection is only needed the first year except for hazardous businesses. Daycares in a home occupation area will exempt the 25% maximum use of the home and allow for one non-family member employee for those who handle 6 – 12 children. g. Administration section which will allow a policy manual to be created and kept. 12-4-08 Council MinutesPage 6 of 9 3. New Year’s Meeting Date (Leslie): Leslie asked for direction since the next Council meeting would be on New Year’s Day. In the past, January has not been a busy time in our sessions. Mayor Ard stated to hold ththth meetings on Jan. 8 and 15. Leslie will combine Jan. 8 as a work session and regular session. Councilmember Bean stated that Ron advised him that P&Z didn’t meet this month and this might be an omen. Councilmember Bean said that we have gone into reserves for the building department, so Charlie cannot go over budget this year. This will make Charlie make some adjustments in order to meet budget. Councilmember Thompson stated he will advise Charlie to watch his budget. Councilmember Bean doesn’t see any glimmer of hope for residential or commercial. If we have any commercial, it would be surprising. Councilmember Ellis stated that Dean Mortimer has some commercial. The Council wants all the department heads to look at cutting their budgets by 5%. Councilmember Bean stated he doesn’t want this to happen tonight but instructed Leslie to put it on the agenda for next time. 4. Garbage Only from Developer Accounts - Billing Corrections (Leslie): Leslie explained how the office was handling the garbage accounts from developers. With the new billing, put into force by the Council, where the developers paid only water and sewer but not garbage we have changed the billing and have been catching several people who have not signed up for services. Upon the new billing, the developers who had garbage only accounts have been calling us with the new names of the people who are in the homes. We have not been back billing these accounts but have been charging them since the new law went into effect. Leslie just wanted the Council to be aware because these are people calling and threatening law suits, etc. just like the old days when she went through and made the complete audit of the City. The new law that the Council has passed will be a good law, in order, to keep the utility accounts accurate. 5. Misc.: Jeff Freiberg from Keller Associates presented ideas for a block wall outside of the tank. He presented the Council with a drawing and the approx. figure of a $20,000 - $25,000 change order. Councilmember Bean asked if we will have a landscaping strip. Jeff answered yes. Councilmember Bean stated we will need to budget for a sprinkling system and asked Parks to take care of it. Council told Jeff that it looks nice. Lance presented the Council with a conceptual drawing for the tank near Well 8. This one would be approx. 22 feet in the ground. There was Council discussion concerning putting landscaping on top of it. Lance talked with Dome Technology the company who can do this. It’s not just esthetics and they could save 25% of the costs by using a dome tank. They estimate $1.3 for a vertical pre-stressed tank versus $1 million for a dome. Councilmember Bean is just concerned with putting landscaping on it and you would invite people for sleigh riding, etc. Jeff said you are buying a DYK tank product that is being used throughout the world and is approx. $1 per gallon to build it. Councilmember Bean asked Jeff if we have any experience with these tanks. Jeff stated no the City would be the guinea pig. Lance stated that is has not been used as a water tank anywhere in the world. Councilmember Bean said he does not want to be a guinea pig. Councilmember Ellis said if they are willing to build it and guarantee it why wouldn’t we do it. Lance said we are currently putting 12 feet in the ground and 16 feet out of the ground. Councilmember Thompson said he doesn’t want it sticking up above the houses. Lance said at 16 feet it won’t. Jeff said 16 feet would be at roof tops. Councilmember Bean said given the nature of the investment and it’s being an experimental item he’s not comfortable. Jeff is more comfortable with DYK Technology rather than the dome. The tank on the hill is going up fast. Councilmember Kirkham said are we saying no so fast because it’s different. Councilmember Thompson said you don’t feel you can go 22 feet deep. Councilmember Ellis said the deeper you go the wider you have to go to meet OSHA requirements. Jeff said because of OSHA it would be tight requirements. Jeff said there won’t be any roads going by it. Councilmember Powell said going with new technology is always a risk. He has bought several new technologies in his company and they have never delivered as promised. Councilmember Ellis asked if Jeff could do 12 feet out of ground and 16 feet in the ground. Jeff said we could bury it 20 feet and have 8 feet above, so we don’t trigger OSHA areas of concern. The ditch will be piped per Jeff. Councilmember Thompson stated they have two residential buildings behind, which are, one twin home and one four-unit townhome. Councilmember Kirkham said we are going to bury it 18 - 20 feet, with the traditional DYK tank. Councilmember Ellis thanked Lance for looking at alternatives. Lance asked about the safe routes to school. Councilmember Kirkham said the only change was the contingency, if we don’t recoup any funds. The Highway Department put a clause if the funds aren’t collectible 12-4-08 Council MinutesPage 7 of 9 they will charge $600 for paperwork, etc. This would be a charge of $300 for the City and $300 from the school. Council was okay with this. Lance said on Well 11 they have two hours left on the development and they will then move in the test pump. They are at 280 feet. They are roughly estimating 3800 – 4000 gallons per minutes out of this well. They are going to be digging the foundation for the booster station on the hill tank next week with the stem walls going in by Thursday and hope before Christmas we will have the walls. Councilmember Bean asked if they have st completion dates yet. Lance responded the well has a 45 day contract on it which will take it out to approx. Jan. 1. Lance said before summer the tank should be on line, the booster should be on line, Wells 11, 9, 10 should be completed and the tank by Well 8 should be under construction, and we should be finishing the pipeline on Crowley Road. Councilmember Bean wants to know when we get the Bond Council involved. Lance is unsure of this. Councilmember Bean said Ted Hendricks is supposed to be helping us on this. He feels we should have the Bond Council involved at least 6 months ahead of completion. Ron said Lance and he met with Williams Engineering on the flood plain study. There will possibly be a joint meeting for everybody who was involved in it. Lance stated it tends to put Dove’s Landing in a position that they might not be going anywhere for a while. Ron said it would be 1/3 to ½ of all the water that they have to st hold. Lance said it would require eight to ten 10-foot diameter culvert pipes underneath 21 Street to get this water handled. It is 3200 CSF which is equivalent to a fairly good sized river. Ron said as soon as they have a map he will show it to Council. Scott said Lynn Goldman is concerned about the fence that was supposed to go up behind Liberty Square. Mayor Ard said it was supposed to go up with the second division and it this division hasn’t been started. Councilmember Bean said it’s not in the development agreement. Ron said there isn’t a development agreement on Liberty Square because the property was not platted. Scott said we always require a fence between commercial and residential. Ron said it’s not commercial it’s R3-A, however, the site plan does show a fence. Ron stated we do require it between R3-A and low density residential, but they haven’t built up to it. There are two buildings more to go, when these go in is when the fence would be required. Tom Hunsaker said per Ordinance 10-18-8 (C) R3-A Residence zone, whenever development adjoins land on RE, RP, RP-A, R1, R1-A, RMH or unincorporated land designated for a single family residential use in the City’s comprehensive plan, a minimum of a 10 foot wide landscape buffer and a minimum 6 foot high sight obscuring fence shall be provided except this buffer may be included in the 30% minimum allowed landscape required in paragraph A above, however, if an open space of at least 30 feet is provided between all buildings and the adjacent zone, the requirement of a fence can be waived. Tom said he feels they are more than 30 feet from the building to the property line. Councilmember Bean said you have 73 feet back there. Will this go into asphalt? Ron might have found the fence on the minutes but it’s not in the development agreement. Councilmember Bean asked in today’s world would we require a fence. Councilmember Kirkham stated probably not since we would say there was enough open space. Ron stated he thought that we didn’t need a fence but he can go back and look it up. Councilmember Ellis asked if the County has said anything on the area of impact. Ron said we were waiting on the sewer right of ways but he hasn’t heard any further. Mayor Ard said we want to wait because the right of way costs go up when we announce this. Ron stated the County is ready when the City is. Councilmember Thompson asked about Adolpho’s insurance. Leslie stated she gave the Council the copy so they would know he has provided it. Ron said the mechanical guy was supposed to have everything in. Councilmember Bean asked if Adolpho is marketing outside the development. Ron said he called and asked him how he could do this and he advised him he would have to ask for a conditional use permit. Ron stated the signs have been removed. Councilmember Powell asked if we have accepted the streets in Quail Ridge. Lance stated no he needs clarification on the storm water; he wants to be sure the storm pond lot is not included before he sends out the letter. Councilmember Powell asked if he wants to still read the pressure value on his house. Lance stated he will meet him tomorrow. Councilmember Powell asked if Lance had a title search on Quail Ridge. Ron said he sent it to Lee for his review. Ron said it does have liens on it and Foothills has title to it. Councilmember Powell asked Ron to email it to him. Ron said there is no more Foothills Property and the doors are closed. Melissa is no longer available to talk to and she doesn’t return calls. Rockwell is down to family now and Greg Hansen. Councilmember Bean asked if there are still issues that need to be addressed. Lance said we need the acceptance 12-4-08 Council MinutesPage 8 of 9 letter on Quail Ridge in the foothills. Scott said he will follow up on this. Scott said the entity still exists but you will probably have to make a claim. Councilmember Kirkham motioned to adjourn. Councilmember Powell seconded. Roll call vote. Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes and Councilmember Ellis – Yes. The motion passed. The meeting adjourned at11:55 p.m. ______________________________________ C. Bruce Ard, Mayor ______________________________ Leslie Folsom, City Clerk 12-4-08 Council MinutesPage 9 of 9