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02052009CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 5, 2009 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, FEBRUARY 5, 2009 – 7:30 P.M. 7:00 PM Bruce Patterson Instructions for SharePoint for Mayor/Council/Scott Hall CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Waite Prayer – Councilmember Kirkham MINUTES: Jan 8, Jan 15, and Feb 2, 2009 ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: Presentation of Sept. 30, 2008 Audit Report–Judy Brower PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.AARP Business License – Robert Taylor (Dana) 2. Ratification of IBSD and City of Ammon for the Ammon Interceptor (Mayor) 3. Change Order Regional Sewer Project (Dana) 4.Change Order Request #1 – Independent Drilling – Well 11 Phase 1 (Lance) 5.Change Order Request #2 – Independent Drilling – Well 11 Phase 1 (Lance) 6.Founders Point – Acceptance of Block Fencing (Lance/Jeff) 7.Acceptance of Automated Garbage Container Bid (Lance) 8.McCowin Park Concession Agreement – Robert & Rebecca Walker (Leslie) 9.Tiebreaker LID – Scope of Work to Include First Street or Not – Keller & Assoc. (Lance) 10.Snow Proclamation Fee and Procedure for Towing and Phone Calls (Shawna/Leslie) 11.Water Meter Install (Ray) 12.Study for Proprietary Funds Rate Structures (Bean) 13.Snowbird/Voluntary Shutoff Liabilities (Scott Hall) 14.Public Works Building (Ray/Lance) DISCUSSION ITEMS: 1.Liberty Square – American Cancer Ribbon Cutting - Feb 26 - 1:00 pm (Bean) 2.Wastewater Facility Planning Study Grant Update (Husk) 3.Public Works and Other Dept’s Time Tracking & Task (Scott Hall) 4.Misc. EXECUTIVE SESSION: 1.Idaho Code 67-2345, Subsection 1(j) (Scott/Leslie) – ICRMP Water Damage House/A1 ATV 2. Idaho Code 67-2345, Subsection 1(a) (Lee) MINUTES City Officials Present: Mayor Bruce Ard Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Brian Powell Councilmember Randy Waite Council Minutes 2-5-09 Page 1 of 7 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 Mayor Ard opened the meeting at 7:34 p.m. at the City Office Building located at 2135 South Ammon Road. Councilmember Waite led the Pledge of Allegiance and Councilmember Kirkham offered a prayer. th MINUTES: Jan 8, 2009: Councilmember Kirkham motioned to accept the Jan. 8 minutes. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham– Yes, Councilmember Bean - Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Yes, and Councilmember Powell – abstained, he was not present. The motion passed. th Jan 15, 2009: Councilmember Kirkham motioned to accept the Jan. 15 minutes. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean - Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Ellis – abstained, he was not present, and Councilmember Thompson – abstained, he was not present The motion passed. nd Feb 2, 2009: Councilmember Kirkham motioned to accept the Feb. 2 minutes. Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Ellis - Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday February 5, 2009 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE 2008: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Idaho Ace, Inc. – Retail Sales – 3415 E. 17 Street th B.Service Master Cleaning & Restoration – Cleaning & Restoration – 2839 E. 14 N. th C.Spring Communications – Retail Sales – 3049 E. 17 Street st D.King, Kelly - Daycare Employee/Snake River Montessori – 2970 E. 1 Street st E.Taylor, Amanda - Daycare Employee/Snake River Montessori – 2970 E. 1 Street st F.Exley, Allyson - Daycare Employee/Snake River Montessori – 2970 E. 1 Street st G.Griffin, Joanie - Daycare Employee/Snake River Montessori – 2970 E. 1 Street st H.Miller, Luke - Daycare Employee/Snake River Montessori – 2970 E. 1 Street st I.Ferguson, Afton - Daycare Employee/Snake River Montessori – 2970 E. 1 Street th J.Realty of the Rockies – Real Estate – 3456 E. 17 Street, Suite #215 K.Retreat Day Spa & Salon, LLC – Day Spa – 1489 S. Curlew Drive st L.Pasley, Sydni – Daycare Employee/Lighthouse Montessori School – 2664 E. 1 Street 2.RENEWALBUSINESS LICENSE APPLICATION: st A.Reynolds, Amanda – Daycare Employee/Snake River Montessori – 2970 E. 1 Street B.Pioneer Metal, Inc. – Manufacturing – 3968 E. Sunnyside Rd. Unit #3 C.Vision Communications, Inc./Alltel – Cellular Phone Sales & Service – 1601 Midway th D.Foot Solutions – Retail Sale of Specialty Footwear – 939 S. 25 E. Suite #100 th E.Acme Discount Fireworks/JK Marketing – Retail Sale of Fireworks – 2909 S. 25 E. F.Holeshot Plumbing – Plumbing Service – 3968 E. Sunnyside Rd. Unit 1 G.Vance, Dr. Carol M.D. – Pediatric Neurology Medical Center – 1619 Curlew Suite #6 H.EZ Mortgage – Finance – 1619 Curlew Drive, Suite #2 I.Mark Liebel Appraisals – Real Estate Appraisals – 1552 Midway Avenue th J.Key Bank National Association/Ammon Branch – Banking – 2655 E. 17 Street Council Minutes 2-5-09 Page 2 of 7 K.Garcia, Leah K. – Massage Therapist – 2675 Sawtooth L.Spease, Barbara – Kennel License – 3175 Rawson M.Smith, Steven & Debbie – Kennel License – 2910 Western Ave. st N.Lighthouse Montessori School – School – 2664 E. 1 street th O.Biolife Plasma Services – Plasma Collection Facility – 2385 S. 25 E. th P.Sally Beauty Supply #2464 - Retail Sales – 1799 S. 25 E. st Q.Southard, Virginia – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street st R.Ojeda, Rosa L. – Daycare Employee/Snake River Montessori – 2970 E. 1 Street st S.Juell, Karen -Daycare Employee/Snake River Montessori – 2970 E. 1 Street T.4-Dimension Marketing – Advertising – 1619 Curlew #3 HOME OCCUPATION PERMITS 2008: 1.RENEWAL HOME OCCUPATION PERMITS: A.Treasure Denture & Ortho Lab – Dental Lab – 725 Tie Breaker B.Blue Bug Media – E-Commerce – 2186 Frontier Drive C.Karen’s Cookies – E-Commerce – 2186 Frontier Drive D.Final Touch – Home Decorating – 5699 Veil E.Bainbridge, Sherry – Massage – 1830 Heather Circle F.Arguello, Stephanie – Daycare/Maximum Children (5) – 1129 Curlew Drive LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2008: 1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Harrison, Amber – Bartender/Firehouse Grill – 2891 S. 25 E. Business License: Councilmember Kirkham motioned to accept the business license consent agenda as presented. 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. Accounts Payable – Exhibit A: Councilmember Bean asked Jennifer on the workman’s compensation for $49,000, why is it going into a payable? Jennifer stated that workmen’s comp is essentially prepaid and she had set up all the workman’s comp. codes in the payroll, so that each individual has the correct rate associated with his or her wages where it accrues and is put to that line item. Councilmember Powell asked Councilmember Bean if the water fund is coming out of the budget or DEQ bond. Jennifer stated the DEQ bond. Councilmember Bean motioned to accept the accounts payable consent agenda as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Presentation of Sept. 30, 2008 Audit Report–Judy Brower: Judy Brower presented and explained the audit report to Council. Judy stated that the report is complete and went very smooth and was done in Feb. instead of May. There are still a number of cleanup items but the City took on a lot of new projects this past year and the City has a lot more federal funds coming through. Last year the City had one grant that was $500,000 and a couple of parks grants. This year we have several different federal funds flowing through the City. The City has debt for the first time in years that had to be addressed. Overall, the City has more net assets than the year before. Councilmember Bean asked if Judy was delineating a difference between “reserved for” vs. “restricted”. Judy said yes from an accounting perspective if it’s considered restricted, it has to be a restriction from an outside party it can’t be something that you do within the City, so there is an accounting requirement that we treat those two differently. The restricted funds are less because you have set aside some reserves. Judy stated there are items showing as reserved on the general fund. The Fire Department, which at one point was being shown as a separate fund, is now being shown as a reserve on the general fund. One of the big changes, between these financials and the year before, is that you as a City elected to consolidate things more so your reserves have been moved back into the particular fund rather than being a separate fund. Councilmember Bean asked Judy if in our proprietary funds were some funds reserved for replacing meter deposits and if a bond reserve was another fund. He also asked if those are going to be shown as a reserve. Judy stated no, they don’t show specifically as reserves because they are in proprietary funds which are handled differently. The proprietary funds show what is done in a full accrual accounting, so they don’t show as specific line items here which would be more of an internal item. Councilmember Ellis asked if the reserves roll into cash. Judy stated they are in cash in the unrestricted fund balance. We used to have separate reserves that were rolled back into water and sewer. The reason there is so much cash, in those two funds, is because you have included those 2 reserves in there. Councilmember Bean asked if we could put a footnote in Council Minutes 2-5-09 Page 3 of 7 the financial statements to show the amounts we have reserved. Judy said they could. Councilmember Powell asked if the water debt will be listed as a long term debt or when it rolls over into a bond payment, do you create a new category that would be similar to what is the current long term portion debt or how do you categorize that. Judy said as far as the current versus long term, it will be shown when it eventually becomes current a portion related to the bond payment. There will be a current portion of the long term debt when that happens. Councilmember Powell asked about the utility past-due debt. Judy said with the new procedures that have been implemented, this is not an issue for the City. Leslie stated with the new procedures, we are able to keep up with the accounts and maintain the collectability on the accounts. Judy covered the grants for the water and sewer projects. There is still one area of significant deficiency which is 2008- 001 but most of the others have been fixed. Councilmember Bean asked Jennifer if we have been reimbursed for all the DEQ monies which is almost $2 million. Mayor Ard asked are these submitted but not reimbursed? Judy said there was money spent in September but the request was October, which would explain this discrepancy. Councilmember Bean motioned to approve the audit of September 30, 2008, as presented. Councilmember Kirkham seconded the motion. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Yes. The motion passed. PUBLIC HEARINGS: None Linda Fennern, 11180 N Crooked Tree, PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Idaho Falls and Irene Robicheaux, 3575 Brookfield Lane, Ammon, they represent the community tennis association and Ammon has three tennis courts by the pool. The tennis courts are a liability now and are in pretty bad shape. They are concrete and if you tried to play on them you would fall down because they are so rough. The nets are chain link and not the appropriate height. Councilmember Waite said the chain link was replaced with a net a couple of years ago. They would like the City to consider resurfacing the courts so they could promote the City th courts so that the kids don’t have to travel. If the City would resurface the court, they had planned to start May 30 with a block party which would have instructors’ on every court. They would bring the racquets and balls. Their nd association provides free tennis lessons from 2 graders through high school. The City could set up summer tennis lessons there or the association could give lessons. Vern Clark & Sons put in Bonneville High School’s courts and they are great, however, they don’t know how much it cost. Councilmember Waite said the concrete surface allows the McCowin Park courts to open earlier than any other courts in the region and the high school courts have a painted surface. Councilmember Kirkham said Cottonwood Hills courts cost $15,000. Linda and Irene had heard it ran approx. $8000 per court. The Council asked Linda and Irene to contact Councilmember Waite to see about doing this. ACTION ITEMS: 1. AARP Business License – Robert Taylor (Dana): Councilmember Kirkham stated she would like to look at making a change to the Ordinance for all non-profits. Robert Taylor, 4279 Mirinda Lane, Ammon thanked Dana, Leslie and Charlie for helping to get them up and running. They would like the Council to donate the business license and utilities for 3 months. They used to be in the Public Library and then to the Armory when the traffic flows got to be too much for the Library. The program is all voluntary, with approximately 50 trained people who figure tax statements up and down the valley. The only money they receive is a few donations and some funds from the I.R.S. Last year they figured in excess of 4000 tax statements. Councilmember Bean asked if it was for seniors only. Robert stated no but they only take appointments for seniors to make their service more accessible. The IRS helps with forms, AARP helps with toner, and they have a donation bin. Councilmember Thompson asked if this is a business. Councilmember Bean said it is a non profit tax exempt under a 501C3. City Council was concerned about making an exception. Ron asked why the City doesn’t offer a grant. City Attorney Scott Hall said he gets concerned setting a precedent. City Attorney Scott Hall, Councilmember Powell and City Clerk Leslie Folsom will each donate $100 to help AARP with their expenses. 2.Ratification of IBSD and City of Ammon for the Ammon Interceptor Agreement (Mayor): Mayor Ard presented a copy of the agreement for Council’s approval. Councilmember Bean motioned to ratify the agreement for the lawsuit. 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. Council Minutes 2-5-09 Page 4 of 7 3.Change Order Regional Sewer Project (Dana): Councilmember Ellis motioned to authorize Forsgren to prepare the change order for engineering of the new interceptor line with his design. Councilmember Bean seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, and Councilmember Powell – Yes. The motion passed. 4.Change Order Request #1 – Independent Drilling – Well 11 Phase 1 (Lance): Councilmember Ellis motioned to approve the Change Order Request #1. Councilmember Powell seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 5.Change Order Request #2 – Independent Drilling – Well 11 Phase 1 (Lance): Lance explained they hired Rain for Rent to help get rid of the water that was generated during the drilling. Councilmember Ellis motioned to approve the Change Order Request #2 to Independent Drilling for Well 11 Phase 1. Councilmember Kirkham seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Bean – Yes. The motion passed. 6.Founders Point – Acceptance of Block Fencing (Lance/Jeff): Lance had a conceptual drawing with the price being $96,000 just for the frontage of the fence, not including trees, landscaping or sprinkler system. Councilmember Kirkham asked what our options are. Jeff Freiberg, 366 W Sunnyside explained the items of the fence that makes it more expensive starting with the wrought iron pieces between each pillar. The wrought iron gate could be scaled back, but if they use a block wall the City would still be looking at $80,000. Councilmember Thompson asked what they are going to do for Tiebreaker. Council stated the same thing as here. Councilmember Waite said this one is more visual than Tiebreaker. Lance stated they do not powder coat it. Councilmember Ellis said even with this expense, we should be $600,000 under budget. Lance stated Wells #10 and #11 will see a significant cost increase. Councilmember Kirkham would like to see us have a good design for all the neighborhoods to enable the City to be good neighbors. Jeff stated this is an 8 foot wall. Councilmember Ellis motioned to proceed with the acceptance of Block Fencing as presented for Hill Tank #1. Councilmember Bean seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Bean – Yes, Councilmember Powell - Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Kirkham – Yes. The motion passed. 7.Acceptance of Automated Garbage Container Bid (Lance): Lance presented Council with a sample garbage container from the low bidder. He advised the Council that every bid received had an exception. Lance stated the low bidder said their containers rate of failure is less than 2/10ths of 1% with the guarantee prorated. Lance said they tested the hinge by lifting it with 900 lbs inside of the container. The bid is for 4000 containers with the option of buying more containers at the same price for a year. Mayor Ard stated this lid is much better than PSI’s. Lance said the truck will be here in March or April. He would like to see a policy implemented for the cans. Councilmember Ellis motioned to accept the Automated Garbage Container Bid manufactured by Toter. Councilmember Bean seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Waite – Yes. The motion passed. Mayor Ard said the workmen’s comp will almost pay for all of this. Lance said the new truck will do 1000 houses per day and we have 4000 homes in the City. 8.McCowin Park Concession Agreement – Robert & Rebecca Walker (Leslie): Leslie advised the Council that she had talked to Ken concerning the agreement and he was ok with it. The agreement has been changed so Robert & Rebecca would not be open on Ammon Days unless they give the concessions away. Rebecca Walker was ok with this arrangement. Councilmember Ellis added he wants the City of Ammon named as a secondary insured on the liability policy. Scott Hall advised Leslie to amend the contract by adding a sentence on the end of paragraph 3 stating they will name the City of Ammon as an additional insured and provide the City with a copy of the declaration sheet. Councilmember Kirkham motioned to approve the McCowin Park Concession Agreement with the changes stated. Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. Council Minutes 2-5-09 Page 5 of 7 9.Tiebreaker LID – Scope of Work to Include First Street or Not – Keller & Assoc. (Lance): Lance st would like some clarification on whether or not, within the scope of the LID, we include improvements along 1 Street or st not. Specifically, do we include 1 Street with improvements and design or is this going to be a separate project not included in the LID, so we can move forward. Councilmember Powell said he thought we were going to engineer it, regardless, whether it was in or not. Lance said if it is part of the LID project, it will change the LID. Councilmember st st Thompson said the issue is Montessori School to 1Street. Councilmember Ellis said if we include 1 Street on the LID, it will put an undue tax burden on that property. st Councilmember Kirkham motioned to give direction to Keller to remove 1 Street from the LID project. Councilmember Ellis seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Powell – Yes. The motion passed. 10.Snow Proclamation Fee and Procedure for Towing and Phone Calls (Shawna/Leslie): Shawna stated she wanted to talk about the snow proclamation concerning the courtesy notices on cars. Shawna has spoke with Captain McBride with the Idaho Falls Police department and he said the Idaho Statute says only law enforcement officers can tow. She has no authority to tow and, as far as ticketing, no fee was set so she can’t even ticket. Councilmember Bean asked why we don’t consider her a law enforcement officer. Shawna replied I don’t work for a police department and I can’t run license plate numbers because I’m not under a police dept. She obtained her chemical capture for animals, but can’t carry drugs because she isn’t under a police department. Councilmember Ellis asked what we need to do to make her a Bonneville County deputy. Shawna stated she can’t unless she works for them because she would be a liability for them. Councilmember Kirkham asked on the drugs, don’t we have a vet working with you now? Shawna replied the vet stopped doing this. If she wanted to dart an animal, the vet had to come to the animal, at that time. Shawna is looking into getting her own Drug Enforcement Assoc. license. If she gets a DEA license and gets her own euthanasia room, she can use the euthanasia room at the shelter per Eileen Brown but there’s a lot of red tape to go through. As far as the towing, she can tow after 72 hours but the only way to do that is to tag it then call Bonneville County to come tow. Councilmember Bean asked what Bonneville County does. Shawna stated they have a list of tow companies; however, they have to do an incident report first, so that when somebody calls in the morning and says my car is gone, they can inform them it has been towed. Councilmember Powell stated so you can issue tickets but you can’t tow. Shawna replied yes. Shawna advised the Council she needs to know the fee to charge. Councilmember Bean asked if we have a set price for citations. Shawna replied all of the fees set are at $10.00 except for $50.00 for parking in a handicapped zone. Scott thinks we can call it an infraction and charge those fees. Councilmember Bean motioned to set the infraction rate at $50 plus court costs. Councilmember Powell seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Ellis – Yes, and Councilmember Kirkham – Yes. The motion passed. 11.Water Meter Install (Ray): Councilmember Ellis inquired to the Council if this should be done as two projects. The first project would do the houses with meter pits and install the meters. The second part would be to map out where our weaknesses are and start a procedure to handle them. Lance recommends Sensus. Councilmember Kirkham asked if the $500,000 grant is gone. Lance said it’s not gone, but it hasn’t been set aside. Councilmember Ellis said one of the options, we have, is to authorize Keller under a change order to proceed with the engineering for that portion of Ammon that doesn’t have meter pits in it. Councilmember Ellis motioned to proceed with the water meter project separating it into two projects. Project A consists of installing meters in existing pits. Project B consists of the engineering, mapping, and development of the scope of work using Sensus Meters. Councilmember Bean seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Bean –Yes, Councilmember Waite -Yes, Councilmember Thompson - Yes, Councilmember Powell – Yes, and Councilmember Kirkham – Yes. The motion passed. 12.Study for Proprietary Funds Rate Structures (Bean): Councilmember Bean inquired where the City was at on their rate study for water. Lance replied that the City has some money budgeted, but we haven’t yet gone out to RFP. Lance advised the Council if they would like to direct him to do that. He feels he could have the RFP back in a month or so. Councilmember Bean advised Lance to do that because we need to get some water rates in order. Sewer is going to be pretty much set, at some point in time, by the Eastern Idaho Regional Waste Water Authority. Our sanitation rates we can pretty much do that ourselves, but the water rates with our bond is what he is really concerned about. 13.Snowbird/Voluntary Shutoff Liabilities (Scott Hall): Scott said his issue is whether we should allow shut offs for snowbirds or not. Councilmember Bean stated he had asked Leslie to check with some communities as to what their policies are. Leslie replied most everybody is different. Rexburg is on meters, so they can see when a person is Council Minutes 2-5-09 Page 6 of 7 abusing it. They do have a minimum rate when they want to disconnect. Idaho Falls allows people to disconnect without a charge, but they watch the power consumption which enables them to see if someone is living there. The City of Ammon doesn’t have any of those methods of supervision. Councilmember Kirkham motioned to table the snowbird voluntary shutoff liabilities until executive session. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Ellis – Yes. The motion passed. 14.Public Works Building (Ray/Lance): Councilmember Ellis explained his designs concerning the public works building and inquired if it could be added to the sewer project. Mayor Ard said we don’t have enough money left on the sewer project. Jeff Freiberg said the building is 18,700 sq. ft. They figured approx. $110 sq ft. with 6% for the design fee. Councilmember Ellis stated the location is on Sunnyside. Councilmember Kirkham said she doesn’t want to pay $100,000 for the design. Jeff will negotiate the fee based on the expenses. Councilmember Ellis stated he is thinking to invest $100,000, with the hopes of getting some of the stimulus money. Councilmember Bean recommended the Mayor, Ray and Lance work on this together. Mayor Ard said ok. DISCUSSION ITEMS: 1.Liberty Square – American Cancer Ribbon Cutting - Feb 26 - 1:00 pm (Bean): Ron stated he doesn’t feel this is a change of use nor unusual. Lincoln Court does the same thing and they are in an R-3 zone. It is a humanitarian thing that they do. They will charge $50 a night, which is minimal. You can’t get a hotel by the hospital for $50 a night. Ron stated the conditional use permits are not for the center but are for the other two commercial situations. Councilmember Bean stated he is now fine with it. Mayor Ard and Councilmember Bean will be to the ribbon cutting. 2.Wastewater Facility Planning Study Grant Update (Husk): No discussion was made since Husk wasn’t available. 3.Public Works and Other Dept’s Time Tracking & Task (Scott Hall): Scott stated he wants to discuss this in executive session. 4.Misc.: Scott said the Idaho Association of Cities put together a DVD training on how we do land use planning consisting of how we annex, why we annex, how we zone, why we zone and the means by which we do it. Scott obtained a copy of it and felt it was an excellent review – it takes approx. 1 hour 45 minutes. Scott made a copy for everyone on the Council. Ron said they do talk about model ordinances which we are beyond but the rest is great. Scott said it’s put on by Jerry Mason. EXECUTIVE SESSION: 1.Idaho Code 67-2345, Subsection 1(j) (Scott/Leslie) – ICRMP Water Damage House/A1 ATV 2. Idaho Code 67-2345, Subsection 1(a) (Lee) Councilmember Bean motioned to go into executive session according to Idaho Code 67-2345, subsection 1(j) and1 (a). Councilmember Powell seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes, and Councilmember Kirkham – Yes. The motion passed. The meeting adjourned at 9:35 p.m. into executive session. ________________________________________ C. Bruce Ard, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 2-5-09 Page 7 of 7