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12182008CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, DECEMBER 18, 2008 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, DECEMBER 18, 2008 – 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Ellis MINUTES: November 20, 2008 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: ACTION ITEMS: 1.Budget Considerations for 2008-2009 (Bean) 2.Hawks Landing Approval Offsite Agreement (Bean) 3.Development Agreement – Ammon Park Center – Division 3 nd 4.Development Agreement – Ammon Park Center – Division 1, 2 Amended 5.Ordinance and Summary #468 – Title 1-9 City Code Changes 6.Sensus Meter Flex Net Authorization for Propagation Study (Work Session) 7.Evaluations Northwest Contract (Bean) 8. Safe Routes to School Authorization Scheiss & Assoc. (Kirkham) DISCUSSION ITEMS: 1.Council Packets - Automated (Leslie) 2.Snow Removal – Parking Off Street (Ellis) 3.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 Treasurer Jennifer Belfield City Planning Director Ron Folsom City Engineer Lance Bates City Officials Absent: None 12-18-08 Council Minutes Page 1 of 8 Mayor Ard opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South Ammon Road. Councilmember Thompson led the Pledge of Allegiance and Councilmember Ellis offered the prayer. MINUTES: November 20, 2008: Councilmember Thompson stated there was a typo on page 3, action item #1 HDL should be DHL. Councilmember Kirkham stated page 5 reword killers to another word. Councilmember Kirkham motioned to approve the November 20, 2008 minutes as corrected. Councilmember Waite seconded. Roll call vote.Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes and Councilmember Ellis – Yes. The motion passed. ITEMS FROM MAYOR: Mayor Ard congratulated Ron and Lance for passing the Association of Flood Plain Managers test. They are now both certified flood plain managers. CONSENT AGENDA: Business License: Councilmember Bean commended Leslie in her work to get the business licenses into compliance including dog tags. Councilmember Thompson inquired concerning Patriot Arms and what this business entails. Leslie asked Robert Loveland to come to Council since this is the first time we have ever had a home occupation for fire arms. She contacted the State and they said this isn’t unusual and they just require a locked door. The City doesn’t have any rules against this but she felt the Council should be fully informed. Robert Loveland, 2795 Romrell Lane stated under the federal guidelines it requires just a locked area – he won’t be bringing in any ammunition. This is just a precursor to a shooting range they are building in the County and they thought it would take quite a while for the license. He may order some for friends but he is not bringing in truckloads and he will be storing them in a locked cabinet. Leslie said he needs our license before he can get his federal license. Councilmember Kirkham motioned to approve the business license consent agenda as presented. Councilmember Bean seconded. Roll call vote. Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Ellis – Yes and Councilmember Waite – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Bean asked Jennifer if the sewer fund was reimbursed from DEQ. Jennifer clarified 75% of this is advanced from the Army Corp and 25% is reimbursed by DEQ. She is having the check cut but not sending it out until we get reimbursement. Councilmember Bean asked Councilmember Waite why Ken purchased a refrigerator and microwave. Jennifer stated Ken purchased it since Randy Babbitt took his home when he was released. The Council feels that Ken needs to move his frig and microwave into the shared area. Councilmember Powell asked about page 2 under liabilities there is a revenue line and why. Jennifer said it was a journal entry that is done every year from the auditors but she will get the information to him. Councilmember Bean stated that we need the consultation for the police contract for the first installment for $15,000. Councilmember Bean motioned to approve the accounts payable as presented and additionally $15,000 for the police contract. Lance asked Councilmember Bean to add the $200 check for the propagation study, if approved. Councilmember Bean so added. Councilmember Ellis seconded. Roll call vote. Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes and Councilmember Kirkham – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None ACTION ITEMS: 1. Budget Considerations for 2008-2009 (Bean): Jennifer discussed the packet for the 5% reduction of the state funding. There are four major areas that are being cut – being State Revenue Sharing, Highway User Fees, Sales Tax and Liquor Income. Her spreadsheet shows the reductions and increases that are projected. Originally the 12-18-08 Council Minutes Page 2 of 8 City was very conservative on the liquor income but Leslie called the State and found out that the cut back won’t come into play until next year. This year we will be receiving $355,000 but next year it will drop to $130,000. Leslie explained the State called her and they have approached Bonneville County to sell liquor on Sundays. They have already approached Idaho Falls and will be coming to talk to the City. They will bring the data including how the distilled liquor helps to fund the health issues. Beer is 60% of the DUI’s but it does not fund anything toward health issues. The state said a lot of people from our area drive to Chubbuck to purchase liquor on Sundays. The Council might want to look at this issue due to the loss of funds. Jennifer explained some of the areas the management is looking at to help with the budget. Jennifer explained the charges on credit cards. Councilmember Bean asked if she has checked concerning the charging of fees. Leslie stated that yes it is a mandated item and the Cities can charge between 2.5 and 4% for this ability. Councilmember Ellis asked what we are taking credit card payments for. Jennifer stated it is for utilities. Councilmember Ellis asked if we do electronic fund transfers. Jennifer said we don’t do this now. Leslie talked with Jennifer that we haven’t ever looked at this situation. Leslie said they are concerned with giving the ability to the Building Department and the Fire Department. Councilmember Bean stated he doesn’t want to discourage the use of them. Jennifer explained there are other cities who waive the $100 deposit, if they sign up for online payments. Councilmember Bean asked how we would monitor it. Leslie said maybe we could change the form they sign up to accept this responsibility. Jennifer stated we would try and change people to online statements so the City would send out fewer statements and go to a system on 81/2 X 11 papers and be able to send out a newsletter. Councilmember Bean asked if we would need a new program for this. Leslie stated that there are outside companies that work with Caselle to do this. Councilmember Kirkham requested that Jennifer do some more research and come up with the savings figures. Jennifer presented the Council with the possibility for a four day work week and asked if they would allow her to do the work to see if the City could save money. She stated the savings would come from the utilities savings with the heating of the building with earlier hours and staying longer. Councilmember Kirkham inquired as to the cost savings. Councilmember Ellis said there is always employee time involved in getting set up for the work day and then shutting down at night which can be pretty significant. Councilmember Kirkham asked if the garbage routes would also go to 4 days. Jennifer stated that the dumpsters might not be able to be adjusted. Councilmember Ellis said the dumpsters can be solved by adding a dumpster. Councilmember Bean asked how Blackfoot comes up with the cost savings. Leslie said they worked off of Provo which has been doing it for a couple of years. Leslie stated she felt that being open longer hours might help the constituents with their time restraints but she’s not concerned if most of the people have started using the Internet to help with time restraints. Councilmember Kirkham asked Councilmember Ellis what the contractors would think. Councilmember Ellis said if contractors had their way they would want the City open 6 days a week but they will work around the 4 days a week. Leslie said everyone was trying to look outside the box for solutions to the budget dilemmas. Councilmember Bean said Jennifer can take the time to research this idea. Councilmember Bean said his son did go to 4 – 10 hour days but are open 5 days a week with rotating crews but he is concerned with our staffing whether this would work. Jennifer stated with the sales tax being paid by the individuals instead of the City there will be cost savings. The dumpsters are now being charged for the $10 rental fee so the taxes will be based off of this amount instead of the full amount. Jennifer stated going to programmable thermostats would help save on utilities. Councilmember Kirkham asked how many thermostats are in the building. Ron said downstairs have individual thermostats. Leslie stated there are two upstairs. Council authorized her to get the thermostats. The Fire Dept also received a grant for a $50,000 exhaust system which will help with the heating by allowing the doors to stay shut. With the addition of the automated garbage trucks there should be one less person needed for the trucks. Councilmember Powell said the main savings will be workmen’s compensation. Leslie informed the Council that our ratings are at 0% for this year and with the past two years decreases it should start showing by next year. There has been consistent work to make sure that there isn’t any work related salary expenses which increases our ratings dramatically. Leslie inquired if it was alright to go to all automated agendas to save on time, ink, and paper. Councilmember Kirkham stated that she would like to see the in-depth items ahead of time. Leslie said she will work on this. She will have the agendas posted on the website ahead of time and if they need a specific item just let her know. Leslie asked that the Council keep her informed as to their needs so she can work on solutions. The Council discussed the pros and cons and decided to try to go with automated agendas and work through the kinks. Jennifer stated she will be making a RFP for banks which will include moving the credit card usage over at this time. 12-18-08 Council Minutes Page 3 of 8 Jennifer suggested using a dunk tank for the management at Ammon Days. Councilmember Bean stated whoever is the least under budget has to go into the dunk tank. She covered property taxes and we are right on target with the budget. Councilmember Bean commended Jennifer for the wonderful job she has done. Councilmember Bean stated he wants the building, IT and parks department to present to them a way to cut expenses to match the budget at the January work session. Charlie has talked with him last week and knows that there are some hard issues that have to be addressed but Councilmember Bean feels they need to be addressed now rather than later. Councilmember Bean said we have to look at this now so that we don’t have to go into the reserves when we know we have a deficit coming up. Councilmember Ellis said we need to look at snow plow removal expenses at time and a half. Councilmember Kirkham suggested this be discussed in executive session. 2. Hawks Landing Approval Offsite Agreement (Bean): Councilmember Kirkham recommended that Council table this item since the Council didn’t received the changes until 6 hours before Council and they haven’t had the opportunity to put it up against the original agreement. Councilmember Kirkham motioned to table the Hawks Landing Approval Offsite Agreement until the attorneys have worked out the kinks and bring it back to Council. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Ellis – Yes, Councilmember Powell – Yes and Councilmember Thompson – Yes. The motion passed. Bill Manwill, 2700 East Lincoln Road asked if the Council could go to the old agreement and ignore the revised agreement. Councilmember Bean said in fairness to Jeff the Council needs to look at this and see if we are ok. Councilmember Thompson asked why we wouldn’t be in agreement with the original plan. Councilmember Bean said we have been given a proposal by his attorney that needs to be given due process. In fairness Mr. Mecham presented this to Council as a compromise plan and the Council owes it to Jeff to look at it. Councilmember Kirkham stated she feels we have already spent a lot of time on this agreement and wants the Council to look it over and present their needs which will end up with a better agreement in the end. Bill asked th when we can address it again after the attorneys and Council have looked at it. Mayor Ard stated January 8. Councilmember Bean doesn’t want it on the agenda until the attorneys can agree on this and then advises Leslie to put it on the agenda. Ron said Destination Homes was going to put in three buildings this winter but he has told Jeff he won’t issue permits until we get a sewer agreement. Ron asked if the Council wants to issue the permits. Councilmember Kirkham said let’s cross that bridge when we get to it. Councilmember Kirkham stated she would prefer not issuing building permits until we have a sewer agreement in place. The Council is through discussing this in this form. This has had more time on it than any other agreement. 3. Development Agreement – Ammon Park Center – Division 3: Ron said this is just the development agreement on the property directly South of where the veterinary place is on Briar Creek Lane. Annexation and the development agreement, that the City currently has, says that road improvements have to be done by the developer. They have the road approved but didn’t have time in the fall to get the road in. Dean would like to request the ability to draw a permit and Ron has put in that we would allow a permit to be issued but no temporary or final certificate of occupancy will be done until the road is done. He plans on doing the road, as soon as, he can in the spring. Councilmember Kirkham motioned to approve the development agreement for the Ammon Park Center, Division 3. Councilmember Ellis seconded. Roll call vote. Councilmember Kirkham – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes and Councilmember Bean – Yes. The motion passed. nd 4. Development Agreement – Ammon Park Center – Division 1, 2 Amended: Ron stated this is the lot directly east of Eastern Idaho Credit Union with the foundation in. Ron said this is an amended plat of an existing lot so the foundation permit could be issued for them to pour the concrete before the frost. They had two issues that have been worked out. They had to run a sewer line from Midway to tie into IBSD. Lance said this line is running north and runs out Briar Creek. The water issue with looping and fire has been worked out. Councilmember Bean motioned to approve the development agreement for the Ammon Park Center, nd Division 1, 2 Amended. Councilmember Powell seconded. Roll call vote. Councilmember Bean – Yes, 12-18-08 Council Minutes Page 4 of 8 Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes and Councilmember Ellis – Yes. The motion passed. 5. Ordinance and Summary #468 – Title 1-9 City Code Changes: Ron stated that the items that Council addressed on 12-4-08 have been corrected and he is presenting to Council the revised documents. Councilmember Bean read Ordinance and Summary #468 – Title 1-9 City Code Changes AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLES 1 THROUGH 9; TITLE 1, CHAPTER 15 NEW SECTION 6, POLICIES, PROCEDURES, SPECIFICATIONS AND STANDARDS; TITLE 4, CHAPTER 9 CLARIFYING ITINERANT MERCHANTS, AMENDING CHAPTER 13, HOME OCCUPATIONS; TITLE 5, CHAPTER 4, REPEALING PORTIONS OF AND AMENDING DOG CONTROL REGULATIONS; TITLE 6, HEALTH AND PUBLIC SAFETY, CHAPTER 3, REPEALING AND RE- ADOPTING CHILD CARE REGULATIONS AND LICENSING, ADOPTING A NEW CHAPTER 4, FIRE PITS AND OPEN FIRE REGULATIONS; TITLE 8, CHAPTER 3, WATER SERVICE AMENDING DEFINITIONS, METER REQUIREMENTS, LOCATIONS AND ACCESS, BILLING PROCEDURES, DELIQUENTS ACCOUNTS, FIRE SERVICE CONNECTION, FIRE HYDRANTS, UNLAWFUL CONTAMINATION OR CROSS-CONNECTIONS, BACKFLOW PREVENTION DEVICES, INSPECTIONS OF NEW CONSTRUCTION, INSPECTION OF EXISTING BUILDINGS, STRUCTURES, OR IMPROVEMENTS AND TERMINATIONS OF WATER SUPPLY, VIOLATIONS AND PENALTIES; TITLE 9, CHAPTER 4 AMENDING MANNER OF PARKING; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Councilmember Bean motioned to recommend that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Kirkham seconded. Roll call vote. Councilmember Bean – Yes, Councilmember Kirkham– Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Waite - Yes and Councilmember Ellis – Yes. The motion passed. Councilmember Bean read Ordinance and Summary #468 - Title 1-9 City Code Changes AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLES 1 THROUGH 9; TITLE 1, CHAPTER 15 NEW SECTION 6, POLICIES, PROCEDURES, SPECIFICATIONS AND STANDARDS; TITLE 4, CHAPTER 9 CLARIFYING ITINERANT MERCHANTS, AMENDING CHAPTER 13, HOME OCCUPATIONS; TITLE 5, CHAPTER 4, REPEALING PORTIONS OF AND AMENDING DOG CONTROL REGULATIONS; TITLE 6, HEALTH AND PUBLIC SAFETY, CHAPTER 3, REPEALING AND RE-ADOPTING CHILD CARE REGULATIONS AND LICENSING, ADOPTING A NEW CHAPTER 4, FIRE PITS AND OPEN FIRE REGULATIONS; TITLE 8, CHAPTER 3, WATER SERVICE AMENDING DEFINITIONS, METER REQUIREMENTS, LOCATIONS AND ACCESS, BILLING PROCEDURES, DELIQUENTS ACCOUNTS, FIRE SERVICE CONNECTION, FIRE HYDRANTS, UNLAWFUL CONTAMINATION OR CROSS-CONNECTIONS, BACKFLOW PREVENTION DEVICES, INSPECTIONS OF NEW CONSTRUCTION, INSPECTION OF EXISTING BUILDINGS, STRUCTURES, OR IMPROVEMENTS AND TERMINATIONS OF WATER SUPPLY, VIOLATIONS AND PENALTIES; TITLE 9, CHAPTER 4 AMENDING MANNER OF PARKING; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Councilmember Bean moved the adoption of Ordinance #468 and Summary – Title 1-9 City Code Changes as an ordinance of the City of Ammon on this third and final reading. Councilmember Kirkham seconded. Roll call vote. Councilmember Bean – Yes, Councilmember Kirkham– Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Waite - Yes and Councilmember Ellis – Yes. The motion passed. 6. Sensus Meter Flex Net Authorization for Propagation Study (Work Session): Councilmember Ellis moved to make the authorization for the Sensus Meter Flex Net Propagation Study for $200. Councilmember Waite seconded. Roll call vote. Councilmember Ellis – Yes, Councilmember Waite– Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Kirkham - Yes and Councilmember Bean – Yes. The motion passed. 7. Evaluations Northwest Contract (Bean): Councilmember Bean stated that Ron has talked with Husk and Forsgren’s believes there might be some grant money available to have someone perform an infrastructure study for us. Leslie informed the Council that she has called ICRMP and challenged the fire department and city building valuations. She called AIC and the only one they have seen used is by Evaluations Northwest, however, they have heard of some areas that are having the studies made by companies like Forsgren’s for the infrastructure and using commercial appraisers for the buildings. She stated that Lance found some data that shows we have 48 miles of sewer rather than 17. Scott asked if Leslie challenged the Public Works Building. Leslie stated she did not but she will challenge it. Councilmember Bean motioned to table this item, until such time, we can find out if there is grant money available for a City infrastructure study. Councilmember Ellis seconded. Roll call vote. Councilmember Bean – Yes, Councilmember Ellis– Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Waite - Yes and Councilmember Kirkham – Yes. The motion passed. 12-18-08 Council Minutes Page 5 of 8 Safe Routes to School Authorization Scheiss & Assoc. (Kirkham): Councilmember Kirkham motioned to approve the safe routes to school contract with Scheiss & Associates for half of the $5600 since District 93 will be paying the other half. Councilmember Bean Seconded. Roll call vote. Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Ellis – Yes, and Councilmember Waite – Yes. The motion passed. DISCUSSION ITEMS: 1. Council Packets - Automated (Leslie): Scott said it would be most helpful to take 20 minutes prior to Council and help educate the Council as to how to get into the computer and show him how to pull up his packets and log into the computer at home. Councilmember Powell will have Bruce Patterson send the instructions for setup to the Council and then have him available to Council before the next work session to help assist everyone. Councilmember Kirkham stated she wants the Council to keep their minds open and try it for a few months to see how it will work. Councilmember Powell and Councilmember Ellis have both tried the computer program and are comfortable with it. Scott would also like a cheat sheet of step-by-step instructions available to look at. 2. Snow Removal – Parking Off Street (Ellis): Councilmember Ellis said in talking with Ron we have the ability of no parking on the streets from 11 pm to 11 am which would increase of efficiency of the City’s snow removal. Councilmember Kirkham asked if we have the ability to enforce it. Ron stated that the Mayor can request a snow emergency but it doesn’t say he can close parking on the streets. Scott said wouldn’t it make more sense to do like we do on watering that from November 1 to April 1 there is no off-street parking. Councilmember Bean asked if the people in Hillview have the ability to do this. When we didn’t allow parking the people were parking on their lawns, etc. Councilmember Ellis stated he spent a while driving around the area and the issues were cul-de- sacs. Councilmember Waite said his cul-de-sac has never been plowed. Councilmember Ellis said we are better equipped this year. Councilmember Ellis stated that the plows going in and out between parked cars causes trouble. Lance said the streets have all been done except the cul-de-sacs. Ron said last winter his street in Idaho Falls was plowed three times. Ron and Leslie talked with Todd Meyers, who was the Assistant City Planner for the City of Idaho Falls and he said 2/3 of the budget goes into removing snow from the driveways but they can only plow 2-3 times a year to get to all the streets. Councilmember Bean stated he is concerned that the City will set an expectation that every snow storm the streets will be plowed. Councilmember Waite said that the policy is to plow when it hits 2 inches of snow. Councilmember Kirkham stated that there is a difference with 6 inches of snow and 6 inches of slush. Lance said they can use a hotter level of salt in their mix but it will cause a lot more corrosion to your cars and driveways. Councilmember Ellis said he is concerned with the efficiency of the snow plows. If the cars are off, then it is efficient. He feels we could plow the streets in half the time, therefore saving money. Scott said when it snows the roads naturally narrow and they become a four, three or two wheel lane and when cars are not on the roads it is easier to keep it wider. Councilmember Ellis would like December to March with no off-street parking. Councilmember Kirkham asked what about New Years Eve. Councilmember Bean asked Lance how much plowing is being done in the morning hours. Lance said they are the most efficient between 10 pm and 7 am Sunday mornings due to the decrease in traffic. Councilmember Bean asked how we are going to enforce it. Councilmember Ellis said Idaho Falls contracts to have them towed off. Councilmember Bean said we will have to do a great job advertising it. Councilmember Powell stated he feels we are a little late in the season to warn people. Ron said we would have to change Title 9. Lance said Title 8 also mentions it so it would need to be changed. Scott said why don’t we look at several cities and see what we can do. Mayor said we can issue a proclamation for now. Councilmember Ellis stated it becomes effective 12 hours after the Mayor decrees it, it has to be posted in at least three public places within the City, and the City Clerk shall make no less than 12 calls to persons throughout the City to assist in disseminating the information. Councilmember Bean asked doesn’t the ordinance have to have some sort of penalty. Councilmember Waite said this doesn’t make sense to him to just say no parking on the street whether there is snow or not. Mayor Ard st proclaimed that this will start January 1. Lance said it will make more sense to wait for a heavy snow fall and then proclaim it. Mayor Ard proclaimed January 15 going to March 15 from 11 pm to 7 am. Councilmember Bean 12-18-08 Council Minutes Page 6 of 8 stated he is afraid we are creating a monster and the ones who are suffering are the ones with small yards. Lance said during the day they are plowing the lesser traveled areas and sanding. Scott and Ron will create the proclamation. Leslie will have Shawna put the proclamations on all the cars parked on the roads. Council asked Lance about the time and a half for snow plowing. Councilmember Ellis stated he knows there are people who work for the State in the summer than can operate our snow plows in the winter. Lance said they wouldn’t be City employees. When you pull someone in from the outside they will be calling Rick and Jason to find out which streets to plow and now you are paying two people instead of one. Councilmember Ellis said don’t you feel the learning curve would be over after two to three times of doing it. Lance said he can’t get two of the employees to do it now. Councilmember Bean asked how many plows are available. Lance said there are four plows which Rick, Jason, Todd and John operate. Councilmember Ellis asked if Rick and Jason have less time during the day when they are working in the evening. Lance said yes they can, but there are still some standard daytime duties. Lance advised the Council he is tracking the overtime for snow and water situations so they will have a better idea in the future. Councilmember Bean asked Lance if there was a possibility to have employees on call like part-time people who can plow at night. Councilmember Kirkham said part of this comes down to budget – tell us how you can do it not how you can’t. Lance said we can trade day hours for the night hours. Scott asked Lance to research with other cities how they handle it, so it lessens our research. 3. Misc.: th Lance stated regarding the church on 17 Street, when we cut the check for the upsize to the Presiding Bishopric, it is sent to Salt Lake City and the contractor never sees it back. So we are trying to figure out a way we can cut a check to the contractor not the Presiding Bishopric. Mayor Ard stated if we get a letter from the Church as the owner, then it would be alright. Councilmember Waite said Ken has $600,000 of grants which he can apply for but he is worried about applying for all of them because most of them have matching fund requirements. Councilmember Kirkham said apply for them and if he gets them, then we can open the budget. Councilmember Bean said we have to be cautious. Councilmember Ellis said a lot of the match is in kind. Councilmember Bean passed out a handout of the meeting with Steve Kent which is the unofficial draft for the police project. If anyone of the Council has some input, please get back to him and let him know. Councilmember Bean asked for the input by January. The Council just needs to review the front page. Councilmember Bean doesn’t think we will be doing any leasing on the new truck. There is a state or federal law that doesn’t allow the City to issue more than $10 million in tax exempt bonds in a calendar year and with our not knowing if we will be issuing any this year, we will pass on it. Bill Manwill asked the City to ratify the original Hawks Landing Offsite Agreement but they need a couple of points to be clarified. Jeff has agreed to sign the agreement. Councilmember Bean asked what he means about clarification. Bill said they can live with it but they need clarification on two items. Councilmember Bean asked Mr. Mecham why they submitted this to the Council, if Jeff was willing to sign the other one. Mr. Gregory Mecham, 2000 Jeannie Lee Drive, representing Mr. Hawks stated Destination Homes has received their financing and they are ready to go and they anticipate they will be submitting applications for building permits within a few days and they are very critical for the project with Mr. Hawks. On that basis Mr. Hawks has said he will sign the agreement, so it doesn’t cause Destination Homes to say they want out of this project. Mr. Hawks has said he is in a technical bind so he will sign and go ahead but on the same point he thinks there are matters in the agreement, at least as they understood it that have some ambiguity in a couple of cases and that perhaps was not fair to a developer going forward as Mr. Hawks is. As Jeff came to Mr. Mecham Monday with this position, they moved quickly to try to propose some changes that would both clarify the ambiguities and resolve some of the fairness issues. They understand that the Council has very little time to review the document and he understands why he can not ask the Council in good faith to proceed on the document he proposed. What they would propose is if the Council would approve the City’s draft that was proposed to him, he will sign that so the building permits could be issued then they would have until the next Council meeting if the City wants to make any changes to clarify ambiguities or to make sure the agreement properly addresses the issues that are before us as best as the Council can. Jeff would be happy to leave his signed contract on the table that the Council could accept at any time but let us have until the next Council meeting to see if there is anything that we might come up with an improved agreement just so they don’t get in a position to deny the Destination Homes building permits. Mayor Ard stated if the Council approves this agreement and he signs it there is no change we won’t negotiate any more - it is done. Councilmember Bean asked Mr. Mecham concerning some comments relative to some ambiguities in it. 12-18-08 Council Minutes Page 7 of 8 Obviously you and Mr. Hawks feels there are ambiguities in it but the City doesn’t feel there are any. He’s not willing to approve a contract when the opposing council believes there are ambiguities and he feels we should correct those before anything is approved or signed. Councilmember Bean asked Scott for his advice. Scott stated the law goes after those who draft the contract and he doesn’t want this version of the contract construed against the City. Scott wants the ambiguities worked out so there’s not a question. Scott stated if there is not an ambiguity, that’s fine. Councilmember Bean said he feels “council to council” needs to discuss these ambiguities and it would be premature to do so now. Councilmember Kirkham said to Mr. Mecham, you had a month and now it’s critical; why didn’t he anticipate this coming, and we had the Council meeting spending three hours discussing it and then nothing further nd was heard. Mr. Mecham asked if she was referring to October. Scott said December 2 he sent this agreement and nd he never heard anything until today at noon. Mr. Mecham doesn’t know why it went from December 2 to today. Councilmember Bean said the tabling of the item stands and directed Scott Hall council to get together with Mr. Hawks council and move forward in that direction. Mr. Mecham said we will move in an expeditious manner. Councilmember Bean said to bear in mind this is the holiday season, so it will be hard to meet with this information. Mr. Mecham appreciates the Council’s consideration and will proceed on this basis. Councilmember Kirkham motioned to move into executive session pursuant to Idaho Code 67-2345, subsection 1 (a), (f) and (j). Councilmember Powell seconded. Roll call vote. Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes and Councilmember Powell – Yes. The motion passed. The meeting adjourned at 9:50 p.m. _______________________________ C. Bruce Ard, Mayor ______________________________ Leslie Folsom, City Clerk 12-18-08 Council Minutes Page 8 of 8