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09102009CouncilMinutes-WSCITY OF AMMON CITY COUNCIL – WORK SESSION MINUTES THURSDAY, SEPTEMBER 10, 2009 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA SPECIAL/EXECUTIVE/WORK SESSION THURSDAY, SEPTEMBER 10, 2009 – 4:30 P.M. ACTION ITEMS: 1.Heath Brown Tree Removal (Scott/Ken) EXECUTIVE SESSION: 1.Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Scott/Ron) DISCUSSION ITEMS: 1.Misc. MINUTES City Officials Present: Mayor Bruce Ard Councilmember Rex Thompson Councilmember Randy Waite Councilmember Lee Bean Councilmember Brian Powell City Attorney Scott Hall City Planning Director Ron Folsom City Engineer Lance Bates Assistant Clerk Rachael Eldridge City Officials Absent: Councilmember Dana Kirkham City Clerk Leslie Folsom ACTION ITEMS: 1. Heath Brown Tree Removal (Scott/Ken): Ken presented pictures of the dead tree on S. Ammon st Road he considers a nuisance and a hazard. Ken sent a letter to Mr. Brown on August 21giving him 16 days to comply. Ken then sent another certified letter giving him another 16 days to comply or we would come in and get this done, then bill him. Ken is asking the Council how they would like him to proceed, since Mr. Brown has not responded to the certified letters. Ken stated he has received a bid from a lawn company for $850 to remove the tree. Councilmember Bean said it is $850 that will come out of budget and not get it back until the property is sold. Ken said Mr. Brown has signed for receipt of the certified letters. Councilmember Bean asked Ken if he has tried to contact him. Ken said yes, but his only way to contact him was by mail. Councilmember Bean asked if Mr. Brown was going to feel that he was being singled out. Ken said no, there was another letter sent about a tree on Molen. She did respond and comply. Ken said we have had a lot of tree issues this year and he is trying to figure out a plan to take care of these items. Councilmember Bean said he wants Ken to try and get a conversation with Mr. Brown. Scott asked Ken to take Shawna and go knock on his door and try to get a conversation going. Councilmember Bean asked Ken to try and call Mr. Brown after the meeting, because he feels we need to have a dialogue before we just walk in and do it. Councilmember Bean said he needs to understand we are going to take down the tree and charge him for it, plus attorney fees, to get a judgment. 9-10-09 City Council Work Session Minutes Page 1 of 3 EXECUTIVE SESSION: 1. Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Scott/Ron): Councilmember Bean motioned to go into executive session according to Idaho Code 67-2345 (1-f). Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. DISCUSSION ITEMS: 1. Misc.: Lance said he met with DEQ yesterday, concerning the Ross Sewer Lift Station, to come up with a plan to accomplish everything. There was a vent line that needed an air gap and DEQ said we probably should drain any potential damage back into the wet well, but that will also require an air gap. Lance said they have a plan in place to raise the tank 6” on a concrete pedestal, so we get enough of a slope and he feels that DEQ will be comfortable with. The concrete was ordered today to put the pedestal in place; so hopefully, they will be pouring concrete by tomorrow afternoon. Councilmember Powell asked Lance if the City still has to test the water. Lance said he talked to DEQ and it is already being classified as wastewater and nothing he tests for will change that classification. Councilmember Powell asked Lance what he thinks our cost will be on that. Lance said he doesn’t have an overall cost, yet. Councilmember Powell asked how long it will take. Lance said he should be wrapping it up by next Friday. Councilmember Powell asked about the booster tank. Lance said the pumps themselves are running really good. Councilmember Powell asked if everyone in Founders Pointe was happy. Lance said as far as he knows. Councilmember Powell asked about the booster tank. Lance said the pumps themselves are running really well. Councilmember Powell asked if everyone in Founders Pointe was happy. Lance said as far as he knows. Lance said the next item was with the Quail Ridge water. He doesn’t have the change order back yet, but has found a way to get it done quicker and cheaper without having a change order. They are doing a time and materials contract to get a bypass and use the existing bought and paid for pumps, within the booster station, to pressurize it that way. They have already started working on those repairs. Founders Point Drive is closed, in order to do a bypass from Zone 4 water. Zone 4 pumps back into the gravity fed portion from Well 9 and pressurize Quail Ridge. Lance said he received an email from Jeff Hawks and Jeff said he is not set up to pay cash for this and wants to continue to draw down on the letter of credit. Lance said he has not done that, he has been waiting for direction on this. He sent him an invoice that said he is not lowering down on the letter of credit and he has so far not wanting to do that. Mayor Ard asked Lance to bring him up to speed. Lance said the overall contract price and the letter of credit were reflecting only those costs associated with Sommer Construction, but in the agreement it agreed to pay all engineering and design costs as well, so we have been paying RMES. Those were not part of the letter of credit and if he continues to draw down the letter of credit, it will be a negative amount before he finalizes the contract. Last month he brought it up that he had been drawing down the letter of credit. If he draws it down according to this month’s draw, they would have roughly $11,000 left on the letter of credit. It is Lance’s estimation that Jeff Hawks will need an additional $21,000 dollars past the letter of credit. Scott asked how he could not be prepared to do that. Lance said Jeff’s idea was to draw down the letter of credit, until it is zero, then his bank will go into a contingency plan. Scott said then he doesn’t understand the letter of credit. Councilmember Powell asked if we have been paid any engineering fees out of the line of credit, so far. Lance said yes, we have been paying RMES. The letter of credit was initially $255,000. By the time we get done, Jeff Hawks will owe close to $288,000. Councilmember Powell asked if he knew he was going to be deficient by $33,000. Lance said he seems to understand, but doesn’t understand when he is told he can’t draw the letter of credit into a negative number. Scott said the agreement requires him to have a letter of credit for sufficient amount to cover the remaining contract. Scott said to tell him we are not going to draw down the letter of credit, and to pay it, because that’s what the agreement provides for and it’s not negotiable. Mayor Ard asked if we have issued any building permits. Lance said yes and he has been issued two Certificates of Occupation. Scott said tell him unless the letter of credit is sufficient, he will not receive any more building permits. Lance said he will contact him tomorrow. Councilmember Powell said we are going on faith that he is going to pay. Councilmember Powell asked how past due are the bills. Lance said the th invoice he currently has, which is just over $62,000, is due on the 14 of September. Councilmember Bean said to 9-10-09 City Council Work Session Minutes Page 2 of 3 bill Jeff for what he owes us through the end of the contract. Lance said he would work with Councilmember Bean to get that amount. Lance’s reported concerning the final update on Hitt Road, as to what the $160,000 breakdown made up. Part of this included roadway excavation, geo-textile fabric, seal coat on John Adams Pkwy and the other portion was the signal on John Adams, which was changed. If you take some of those things out, it’s a little less than $160,000. Lance said he has spoken with Chris Frederickson, Idaho Falls City Engineer, who is working up a proposal that he would send to the Idaho Falls City Council, to allow the City of Ammon to an agreed upon amount to put some of these things back in. Councilmember Bean said one of the first things they pulled out was all curb st and gutter on 1 Street and curb and gutter has got to go in. Councilmember Bean recommended we see if they will accept $125,000 to put the rest of it in. Lance said Chris was going to take that number to his Council. Councilmember Bean asked Lance how long until Chris can get back with him. Lance said he didn’t know, but Chris was going to get with his Council. Councilmember Bean asked where Idaho Falls is draining the water. Lance said part of it is going into a pit, close to the Meppen Canal, which will be going back into Sandcreek. Councilmember Bean asked the Council if they felt comfortable if it could be done for $125,000 to $135,000. Lance said the expense would include the landscaping and sprinklers. There are 58 landscaping trees on the eastside of Hitt Road which is $10,000. The sprinkler system they say is 36 ½% of the overall which is $19,500. The street section is close to $40,000. Councilmember Bean said there is another portion for ¼ of the light which is approx. $20,000. This will leave another $45,000 for the curb and gutter. Lance informed the City Council that the Idaho Falls City Council will also have to approve this. Councilmember Bean said there is enough to take it out of the road construction improvement budget. Mayor Ard said if they will accept our numbers, we will go forward. Lance said the last item was the bid opening for the first three miles of sewer trunk line. The apparent low bid was Bodiford Construction out of Boise for $4.3 million. The next low bid was Depatco for $4.8 million. Scott asked what the estimated cost was. Lance said Dave Noel was telling everybody $3.5 million, but he was expecting $4 to $4.5 million. The meeting adjourned at 8:00 p.m. upon entering the executive session mentioned above. ________________________________________ C. Bruce Ard, Mayor ________________________________ Leslie Folsom, City Clerk 9-10-09 City Council Work Session Minutes Page 3 of 3