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03052009CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MARCH 5, 2009 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, MARCH 5, 2009 – 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Ellis MINUTES: Feb. 5, Feb. 12, and Feb. 19, 2009 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.Resolution 2009-003 – Policy 90-001 - Animal and Enforcement Officer Policies and Procedures 2.Bonneville/Jefferson Ground Water District - Dane Watkins (Lance) 3.Preliminary Plat – Ammonside 4.Final Plat – Ammonside – Division #2 5.Final Plat – Ammonside – Division #3 6.Change Order #1 SCADA System – Hill Tank Booster Station (Jeff Freiberg/Lance) 7.Change Order #2 Hill Tank Booster Station (Jeff/Lance) 8. Approval of EMS addition of Quick Response Unit for Fire Dept. (Stacy) 9.Personnel Manual (Mayor) DISCUSSION ITEMS: 1.Broadband Feasibility Study (Patterson) 2.Stimulus Report (Ron) 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 Council Minutes 3-5-09 Page 1 of 8 Mayor Ard opened the meeting at 7:35 p.m. at the City Office Building located at 2135 South Ammon Road. Councilmember Thompson led the Pledge of Allegiance and Councilmember Ellis offered a prayer. MINUTES: Feb. 5 – Regular Session: Councilmember Kirkham motioned to approve the minutes of February 5, 2009 as presented. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham– Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember – Waite - Yes, and Councilmember Thompson – Yes. The motion passed. Feb. 12 – Work Session: Councilmember Kirkham motioned to approve the minutes of February 12, 2009 as presented. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. Feb. 19 – Regular Session: Councilmember Kirkham motioned to approve the minutes of February 19, 2009. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Ellis – Abstained (was not present), and Councilmember Thompson – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday March 5, 2009 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Valued Merchant Services – Credit Card Processing – 3456 E. 17 Street, Suite #210 th B.State Wide Pawn dba Alpine Jewelers – Pawn Broker/Precious Metals – 2789 S. 25 E. th C.Steve and Harry’s Coffee Shack – Drive through Coffee – 125 S. 25 E. th D.Mafia Customs & Auto Repair – Auto Repair – 2642 E. 14 N. th E.Galleria Dei Capelli – Salon – 2594 E. 17 Street th F.Natural Harvest – Retail Health Food – 2594 E. 17 Street 2.RENEWALBUSINESS LICENSE APPLICATION: th A.Excelsior Stucco – Construction – 4406 E. 17 Street th B.McDonald’s of Ammon – Restaurant – 1875 S. 25 E. th C.State Farm/Bobby Romander – Insurance – 2677 E. 17 Street Suite #400 D.Sunnyside Automotive – Auto Repair – 3790 E. Sunnyside Rd. th E.Citizens Community Bank – Banking – 2797 S. 25 E. HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.Eagle Mountain Marketing – E-Commerce – 2855 Sawtooth 2.RENEWAL HOME OCCUPATION PERMITS: A.Hendrick’s Hydroseed – Landscape/Hydroseed – 5283 Tildy Ln LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: Council Minutes 3-5-09 Page 2 of 8 th A.Rosenberg, Jonathan D. – Bartender – 2891 S. 25 E. MISC: MASSAGE ESTABLISHMENT NEW MASSAGE BUSINESS LICENSE: th A.Christensen, Benjamin – Massage Therapy /Massage Envy – 3047 S. 25 E. th B.Whaley, Dayna - Massage Therapy /Massage Envy – 3047 S. 25 E. C.Olson, Niketa – Massage Therapy/Retreat Day Spa & Salon – 1489 S. Curlew th D.Smith, Desiree - Massage Therapy /Massage Envy – 3047 S. 25 E. Councilmember Kirkham motioned to accept the consent agenda as presented. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Bean motioned to approve the accounts payable as presented. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Jennifer advised the Council that we received four RFP’s on banking, which are U.S. Bank, Zion’s Bank, Key Bank, and the Bank of Commerce. Council agreed that they would be ok with staff making the decision. Councilmember Kirkham wants to be involved in the decision. Councilmember Bean will be involved in questions, as to technicalities. Delta Dental will be coming next week to go over the plan with the employees. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None ACTION ITEMS: 1. Resolution 2009-003 – Policy 90-001 - Animal and Enforcement Officer Policies and Procedures: Ron presented to Council the Resolution on Animal Policies for their approval. Councilmember Bean motioned to accept Resolution 2009-003 – Policy 90-001 Animal and Enforcement Officer Policies and Procedures. 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. 2. Bonneville/Jefferson Ground Water District - Dane Watkins: Dane explained that they help protect Idaho’s water rights. The district includes ten ground water districts. They measure water for the State of Idaho and what is being used. This bill is for the mitigation part of the budget, which is all the City is asked to pay on. So far this year there is approx. 85% of normal snowpack. They plan on purchasing approx. 25,000 acre feet this year. They have approx. 5,000 acre feet every year to mitigate at a cost between $12 and $14 per acre foot. Dane requested the support of Council for the Bonneville/Jefferson Ground Water efforts. Those that have more CFS pay more. Councilmember Bean inquired if out of the 28 CFS that the City of Ammon has and the City pays that portion. Dane answered yes. At this time the mitigation budget is $100,000, since the snow pack has been good this year. Councilmember Bean asked Dane to review the figures, since the City is paying significantly more than what he has presented. Dane advised that there was a $315,000 portion for the final year of a three year payment plan for past mitigation. Councilmember Bean asked who the representatives on the Jefferson Council were. Dane stated our ground water district has a three-member board consisting of Ralph Isom, Bob Martin and Dane Watkins. Mayor Ard asked if they work on the recharge. Dane answered yes they work hard to protect the recharge and the City’s water rights. The district works hard to not have any curtailment in our area. The district takes in part of Council Minutes 3-5-09 Page 3 of 8 Jefferson and Bonneville County. Dane stated there are approx. 150 paying members in the district, including many farmers and ranchers. Water districts were created by State law, and are like a quasi government. Councilmember Bean asked if they have an annual financial statement. Dean stated they have a budget they work with. Councilmember Bean requested that Dane send the City the budget. Dane said he will send us an annual statement when they bill us. Councilmember Bean said for the past years we have paid the bill and stated the Council is appreciative of him coming to explain what it is all about. Councilmember Bean asked Lance to get together with the Bonneville/Jefferson Ground Water District for clarification on the bill, which will be just for the mitigation fees and strike the administrative fees. Lance said he will get the bill clarified with Dane. 3. Preliminary Plat – Ammonside: Ron explained the location of the property is directly south of Zion’s Bank and showed the plat. They are lining the entrances up with the approved entrances on the Idaho Falls side. They are using 60 foot right-of-ways, each of which they can adjust to what the City would like, either as a public street or as an entrance. As Idaho Falls finishes the road the developer will have to participate at 50%. Councilmember Bean asked Ron to be sure that everyone is aware that the developer is responsible not the City and that Mr. Ball and Woodbury will be responsible. Councilmember Thompson asked what about the light. Councilmember Bean said he felt it is Idaho Falls’ road. Ron said it will be part of the developer’s costs. Councilmember Kirkham said the point was that Wal-Mart didn’t have the light listed but Ammon put it in the development agreement. Councilmember Bean said there were different issues when Wal-Mart came in. Councilmember Kirkham stated she doesn’t want it to be a Target situation, where there should be a light and there isn’t. Councilmember Thompson said he thinks Judy should go down through there. Councilmember Bean said this is an issue for another time. Ron said he doesn’t feel Judy will be a major carrier of the traffic. Councilmember Kirkham made the motion to approve the Preliminary Plat for Ammonside. Councilmember Ellis seconded the motion. 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. 4. Final Plat – Ammonside – Division #2: Ron explained Division 2 consists of the southernmost of th the requested lots. There are a total of 4 lots with 3 developable and the 4 lot is asphalt for roadways or parking lot. They are leaving 60 feet on the plat so that if it’s determined it needs to be a road, they can dedicate the road at 60 feet. Mayor Ard said this is the intersection Idaho Falls has designated. Ron said Jayfer Court is where the light will go. Councilmember Thompson asked if 60 feet is wide enough to make a right hand turn, a straight through, a left hand turn and have one coming from the other direction. Lance replied it’s getting pretty tight but this will be part of the traffic study when they get ready to install the traffic light. If the traffic study comes back and says they need 90 feet, they will have to find a way to get 90 feet. Jayfer Court is a 60 foot right of way on the other side of the road. Councilmember Bean asked if the City of Idaho Falls is okay with the plat the way it is. Ron said yes. Councilmember Kirkham motioned to approve the Final Plat for Ammonside – Division #2. Councilmember Bean seconded the motion. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Yes. The motion passed. 5. Final Plat – Ammonside – Division #3: Ron explained Division 3 consists of roadways and two sellable lots. Councilmember Kirkham motioned to approve the Final Plat for Ammonside –Division #3. Councilmember Bean seconded the motion. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Ellis – Yes. The motion passed. 6. Change Order #1 SCADA System – Hill Tank Booster Station: Councilmember Ellis said it was part of the budgeted process. Lance stated this is a portion of the SCADA system. Councilmember Ellis said it doesn’t have all the bells and whistles, but it can be upgraded in the future. Lance said we will tie in the old system with the new system. The free standing antennas are part of the SCADA system that gets the telemetry signal from what’s in the ground to the master control. Councilmember Bean asked if we will have the staff trained to use the Council Minutes 3-5-09 Page 4 of 8 system. Lance said he is training his staff and Teton Communications is across town who will have a backup of our system to help with directions for use. Councilmember Ellis motioned to accept the Change Order #1 to the SCADA System – Hill Tank Booster Station. Councilmember Kirkham seconded the motion. 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. 7. Change Order #2 Hill Tank Booster Station: Lance explained that change order #2 is the formalization of the acceptance of the fence at Founders Point, as well as, moves the building slightly to get out from underneath the high power overhead lines and because we moved the building we had to add pipe. Councilmember Ellis motioned to approve the Change Order #2 Hill Tank Booster Station. 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. Jeff Freiberg, 356 W. Sunnyside advised the tank is on schedule and will be wrapped up at the end of March or early April. Originally it was this week, but due to the weather they delayed it. It’s not critical until Well #11 is complete. Well #10 will be on line by the first part of July but they will still be finishing up details on the well house. Well #8 is being designed and out for bid by early summer. Well #9 is out for bid now. Founders Point Tank and Booster Station is on schedule. Well #11 will pump from the system down into the valley. 8. Approval of EMS addition of Quick Response Unit for Fire Dept: Councilmember Powell motioned to table this until the next Council session. Councilmember Bean said he thought it should be brought to a work session. Councilmember Kirkham said there was a committee put together to investigate a QRU. We had representation from Idaho Falls, a doctor, etc. that would sponsor a QRU but they only met one time. She feels this is something we need to revive and they need to meet again. Councilmember Kirkham asked how soon this needs to happen and if it would be alright to go to an April work session. Stacy Hyde said it could. Councilmember Ellis seconded the motion. Roll call vote: Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion passed. Stacy Hyde, 4125 Wanda, Ammon stated it’s pretty much a done deal and can be approved but there are a couple of pieces of legislation that could take this out of our hands completely. The pending legislation would make us have to jump through some hoops to get a QRU. Councilmember Kirkham said it will be easier to do it now rather than after the legislation. Councilmember Ellis asked wasn’t the legislation to make a statewide EMS. Chief Hyde responded that is not his understanding. Justin J Clemons, EMS Bureau 150 Shoup #7 stated pending legislation would rewrite the ambulance session of the code. If it passes, then new EMS service will have to show an improvement in cost, in patient outcomes, and a diminished response time for patients. The 2010 section revises the ambulance district section of the code, which will create statewide coverage for EMS services. That does not mean the State is going to be the parent organization, it simply means the entire state will be covered. It will create systems that are at least countrywide that can be geographically meshed up like Challis and the Custer County area. EMS is designed around the 1970’s concept of rural EMS where everything was based on volunteers responding from their home, picking up an ambulance or a bag and transporting the patient from their home to the local medical facilities. We have rural rules in a non-rural environment. Nobody owns EMS and nobody has the rights to the EMS. Councilmember Bean asked about the bill before the legislature now and asked what they had to do to meet its criteria. Justin said Section 7 is where the specifics are, and they are improved costs, improved patient outcomes and decreased response times. Councilmember Bean asked Stacy if he was afraid we won’t meet these criteria. Chief Hyde replied he is only afraid of the as yet undefined “improved costs” and he doesn’t know what the state “objective criteria” will end up being. He is comfortable about the response time and patient survival rate. Councilmember Kirkham said we don’t have EMS now. Chief Hyde would like to bring in a QRU because our nearest ambulance is Woodruff and Sunnyside which handles 3,000 - 4,000 calls a year. There is no guarantee the ambulance is going to be there when we have a call. The next ambulance is downtown. He would like to provide one. He feels it is well worth what it’s going to cost. He feels he can run it for less than $7000 a year. Councilmember Bean said we need to have a breakdown on budget, staff, etc and have a discussion with the Council Minutes 3-5-09 Page 5 of 8 ambulance service. Chief Hyde stated he has had a meeting with Dean Ellis and Scott Long and included them up to this point. Councilmember Bean asked Leslie to check on ICRMP and any additional expenses that might come with the insurance. 9. Personnel Manual: Mayor Ard presented the personnel manual to the Council and clarified a variety of items. Councilmember Bean motioned to accept the Personnel Manual as presented. Councilmember Waite seconded the motion. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Ellis – Yes, and Councilmember Thompson– Yes. The motion passed. DISCUSSION ITEMS: 1. Broadband Feasibility Study: Bruce Patterson, 939 Clair Court presented an update to the Council. The Broadband was started in December and it now appears there is money from the National Telecommunications and Information Administration for a Broadband Technology Opportunities Program. Municipalities are a perfect fit for this program. It has to be an open network – you can’t be the only person on it, which the City of Ammon meets. If we go for the grant, it would be 80% with a 20% match. The city’s portion would be $3 million match on a $15 million project, but he feels he can drive that figure down. We are at the point where we will need further studies with more detail. He feels he is pretty close and there are people who will share that cost, of which Rocky Mountain Power is one. They won’t own a part of it – the City will own the fiber. He is looking for direction because he needs to go into negotiation and he would like a degree of confidence that the City intends to do this project. He needs to know we are on the right track and can he do this? He wants to give them a good solid design. He is currently talking with Mid-States Consulting and they want to do it on an hourly basis and cap it at $7000. It will be approx 40 pages and will be pursuing the grant from design to the build including maps showing the engineering, routes, exhibits and items that can prove that their figures are accurate. Bruce will promise he won’t go over his budget but he won’t be under either. Councilmember Powell thinks we need to look at this as a window of opportunity. Councilmember Bean asked Bruce what his return on investment will be. Bruce stated he has based this on other models, but realistically and talking about extremely low take rates and 95% penetration and at year ten then revenues would be at $2.5 million. Councilmember Powell said the City would open it up to ISP’s and lease back the fiber. The City would be separating the service from the transport. The City’s hope will be to encourage more providers, more competition, innovation and a better deal for the constituents. Councilmember Kirkham asked if anyone else has tried this. Bruce answered that Utopia has but they are struggling because their penetration rate is low. He thinks part of the problem is they don’t advertise because you don’t want people changing all the times. The first thing that is needed is to partner with the service providers and help them to promote and explain how it can benefit the constituents. Utopia paid 100% of the costs and did a small portion of fiber and they went to the densest areas which are the poorest areas so most of the people couldn’t afford anything. Councilmember Powell said the type of businesses the City will attract will be companies that push a lot of data and Ammon will attract this type of business with this fiber network. Ron said it’s an economic investment and we will provide it when Idaho Falls doesn’t even provide it. Councilmember Bean asked if the City should be competing with private enterprises. Bruce explained we are separating the transport from the service and private enterprises are the service providers. The City will treat everyone the same. Today’s world is menu driven entertainment. The City will be able to control the quality and we will be able to offer an entertainment package. We will be putting the school district on our lines and letting them televise ballgames etc. The City is talking about a whole new utility, 5 new employees, and a building but it will generate revenue and pay for itself. Councilmember Bean asked what it would cost to run a line to his house. Patterson answered around $2000. Rocky Mountain’s investment in the City’s fiber will exceed the City of Ammon costs. Councilmember Kirkham stated she feels it’s aggressive and good and the Council needs to see if they want to take a risk on the $7000. Councilmember Ellis stated he is in favor, Councilmember Waite stated he is in favor but wonders if the City can fund the $3 million with a DEQ loan or something. Bruce P. said that’s why he needs this contract so that we can get all the facts. Councilmember Thompson’s stated his only concern is what will happen in 20 years but he is still in favor. Councilmember Bean said no. Councilmember Powell said he agrees with Councilmember Ellis and economic development. Councilmember Powell stated that if the City of Ammon had this Council Minutes 3-5-09 Page 6 of 8 fiber line when he brought his business into Idaho Falls, he would have located his business in Ammon. Councilmember Kirkham stated she is in favor. Mayor Ard stated he can see the business side and the assets that would come to the City but he fears where we could the money from but if we can get it together it would be a great asset. Bruce P. clarified what he feels the Council agreed to. He said the funding would be coming out of the IT funds and he will not go over the yearly budget. Councilmember Bean said it would be a great asset but he has been in the funding and has been very cheap with the reserve fund which is his concern. Councilmember Ellis asked about the business fees we will pay for the power and they will pay the City for the connections. Bruce Patterson said we can get grants but they can’t be transparent. Rocky Mountain likes that it’s an open network and we will be unique. Councilmember Powell said we need to look at the tax base and not be myopic. Councilmember Ellis said this will have a direct positive effect on streets. INL needs fiber to put the type of businesses here. Bruce Patterson said there is fiber at the street on the side of this City building by Qwest or Cable One but we can’t use it. Councilmember Powell was trying to get Cable One to his business and had to get an ISP from Yellowstone and it would be $50,000 for the fiber and a monthly charge of $100 for 3 megabytes. Ron said Grow Idaho Falls wanted 200 acres for a company who needed fiber and it didn’t come to the area because no one could provide the fiber optics. Councilmember Bean said go for it. Bruce P. stated he will work on a contract with Mid States then come to Mayor Ard and will work with the legal team and then come back to Council. Councilmember Kirkham said the Council is saying go forward but he needs to find the money to fund the $7000. Bruce Patterson said we need to get the community on board and there might be some unhappy parties who will perceive the City is a threat to them. Councilmember Bean asked who. Ron replied Qwest and Cable One. Bruce Patterson said we are working hard to avoid any problems, so he would like to work with Brian. He asked the Council to be clear that we are running the lines not the services. Councilmember Kirkham said there should be no comment on it until this becomes a reality. Bruce Patterson said some of the parties will go to the community ahead of us and our goal is to stimulate the economy. Councilmember Kirkham asked Bruce how soon he would be negotiating. Bruce responded next week. Robert said the unhappy parties would go straight to the legislature and the Public Utilities Commission and use their lobbyists to try to create some pressure. Councilmember Kirkham stated she doesn’t want to go make a statement yet. Councilmember Ellis said he would like the design back before the press release. Councilmember Powell said it would be best to get the design done and the grant first. Council stated they appreciated Bruce Patterson’s work on this and thanked him for his efforts. 2. Stimulus Report: Ron said the building department has stimulus money for enforcement of the 2009 International Energy Conservation code and Charlie is working on it. Ted has mentioned that more money has been applied for the sewer. Ken has, through the state; put together an application for a senior park for $375,000 and transportation and most has went through BMPO. $5.2 million which is divided between the 6 districts and will be very little. The stimulus said they have to spend it locally but not with the entities. They project that Idaho Falls will get $500,000 for a citywide sealcoat and the governor said he would not allow any of the stimulus money to go to M&O. Ron stated Gerald Williams and the Mayor wrote for a grant for $28 million and they have sent it in which includes the purchase of all the properties. Mayor Ard said the one thing that is in our favor is that FEMA always has money for Idaho from the State but no one uses it. If we don’t get this, then it will go directly to FEMA in the next few months and go for mitigation funds. 3. Misc. Lance said Bill would like to know whether Council would allow the waiving of the frontage fees for the sewer interceptor line. Councilmember Ellis said we have established the value with the ones we have already negotiated, why break our necks over one or two. Councilmember Bean asked Lance if this is the result of two or three hold outs. Bill Manwill, 2700 Lincoln Road said he is working with Forsgren. Half of the people he talks with ask, if they are going to be charged frontage fees. Bill said there are only two easements on the railroad, plus the owners on Eagle that will be affected. Ron said we have already granted Woodbury five sewer connections for the easements through their property. Bill Manwill said the exceptions are right down at the Hackman Property where Eagle would intersect the railroad and Gary Coffin, which ended up in a law suit, which was granted right-of-way Council Minutes 3-5-09 Page 7 of 8 off of it and every one of the property owners all along Eagle will have a problem. Mayor Ard stated all we will have in there is the sewer line; at this point we won’t have anything else. There won’t be a street or water line. Mayor Ard said it will only be the sewer front footage fees on Eagle. Ron said if you are going to waive anything frontage fees are the easiest thing. Mayor Ard said we are not giving up anything. Water is on our side of Hitt Road. Mayor Ard said this is the only portion of the sewer interceptor that is in the City. The easements we have obtained so far, are not in the City. Lance said even parts of this are not in the City. Councilmember Bean said you will see a lot of development, once the sewer line is in, away from our City. Councilmember Ellis said we could establish a value and then condemn it. Mayor Ard asked how much are we really talking. Ron stated he thinks the front footage fee for sewer is $44 per foot, so a 200 foot lot is $8800. Lance said for a solid mile it would be $464,000 for both sides. Mayor Ard said if it becomes a fight then we have to pay in cash. Councilmember Bean asked who has asked him, so far. Bill replied Rockwell, Dr. Deneer, Dr. Marano and Gary Coffin. Mayor Ard stated he would say, if you were part of the City then it would be easy to do. Councilmember Bean asked Bill what he offered them. Bill offered them one connection fee. He said for every 682 feet there is one connection fee. Dr. Marano would be about 40 feet short of getting two. Dr. Deneer got one. Mayor Ard said the value is $3600. Councilmember Powell said why don’t we take 215 and divide it by 3500 and that’s how much the connection fees are. Bill told the Council that he needs an answer, if the answer is no, then we can proceed with the negotiations. Mayor Ard said the Region is controlling the negotiations. Councilmember Ellis said no he won’t waive the front footage fees. Councilmember Waite said no. Councilmember Thompson said no, Councilmember Bean said no, Councilmember Powell said no and Councilmember Kirkham said no. Councilmember Kirkham told Bill the answer is no. Lance advised the Council that he has pictures of the construction of the sewer treatment plant. Lance explained an idea for trading Ammon sewer and IBSD lands, so we can easily separate between IBSD and the th City of Ammon. He presented an illustration to the Council. He discussed 14 North, which is Ammon’s, but can’t be separated from Idaho Falls. He showed 577 potential connections at their current charge of $1800. Dave Noel with Lance will negotiate with IBSD. Bill Manwill said Lance would make a proposal to IBSD and have their engineer there and Dave will come into the meeting to even it out and they would perceive some balance. Leslie advised the Council that Club Inc. called to advise that they will be holding training exercises with Bonneville County Sheriff and their drugs dogs. They will conduct training in their facilities with 8 police officers and 3 drug dogs. Councilmember Kirkham motioned to adjourn. Councilmember Powell seconded the motion. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. The meeting adjourned at 10:45 p.m. ______________________________________ C. Bruce Ard, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 3-5-09 Page 8 of 8