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03182010CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MARCH 18, 2010 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, MARCH 18, 2010 – 7:30 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:30 p.m. Pledge of Allegiance – Councilmember Kirkham Prayer – Councilmember Bean MINUTES: Feb 11, Feb 18, and March 4, 2010* ITEMS FROM MAYOR: CONSENT AGENDA: Business License* Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: PUBLIC HEARINGS: 2010-002 Utility Rates and City Fee Proposed Changes* ACTION ITEMS: 1.Resolution 2010-002 – Utility Rates* 2.Conditional Use Permit – Montessori Elementary School – Solitude Subdivision* 3.Preliminary and Final Plat (Ron) - Solitude Division #2 * 4.Resolution 2010-007 – Bonneville County Multi-Jurisdiction Hazard Mitigation Plan (Ron/Leslie/Scott)* 5.Development Agreement - Ammon Park Center – Division #4 (Ron)* 6.HRA/Cobra Approval and Implementation (Dana/Jennifer)* 7.Bid Acceptance - 1974 Lafrance Fire Truck Auction (Leslie)* st 8.1 Street Memorandum of Understanding with County (Lance)* 9.Sanding Shed (Lance)* 10.Water Scada Control Building Authorization (Kirkham)* 11.Community Performance Plan – Rocky Mountain (Mayor)* 12.Stmt of Support for the Guard and Reserves (Mayor)* DISCUSSION ITEMS: 1.Solitude Division #2 – Recommendations for Development Agreement 2.Misc. EXECUTIVE SESSION: 1.Personnel Evaluations - Idaho Code 67-2345 (1-b) 2.Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3.Pending Litigation - Idaho Code 67-2345 (1-f) (Scott/Stacy) MINUTES City Officials Present: Mayor Steve Fuhriman Councilmember Lee Bean (arrived 7:45 p.m.) Councilmember Rex Thompson Councilmember Dana Kirkham Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack City Attorney Scott Hall City Clerk Leslie Folsom City Council Minutes 3-18-10 Page 1 of 10 City Engineer Lance Bates City Planner Ron Folsom City Treasurer Jennifer Belfield (arrived 8:13 p.m.) City Officials Absent: None CALL TO ORDER: Mayor Steve Fuhriman opened the meeting at 7:30 p.m. at the City Hall building located at 2135 South Ammon Road. Boy Scout, Christian Jarnigan, Troop 12 led the Pledge of Allegiance and Councilmember Slack led the prayer. Mayor Fuhriman presented the instructions to the constituents concerning the procedure for Public Hearing 2010-002. MINUTES: Feb 11, 2010: Councilmember Kirkham motioned to approve the minutes for Feb 11th, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham - abstained due to absence, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes. The motion passed. Feb 18, 2010: Councilmember Kirkham motioned to approve the minutes for Feb 18th, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. March 4, 2010: Councilmember Kirkham motioned to approve the minutes for March 4th, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Slack – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday March 18, 2010 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.RENEWALBUSINESS LICENSE APPLICATION: A.Ammon Veterinary Hospital, PLLC – Veterinary Hospital – 1290 S. Ammon Rd. th B.Redbox Automated Retail, LLC/Albertsons – DVD Kiosk – 1901 S. 25 E. C.Redbox Automated Retail, LLC/Maverik – DVD Kiosk – 1663 N. Ammon Rd. th D.Redbox Automated Retail, LLC/Walgreens – DVD Kiosk – 3475 E. 17 Street th E.Redbox Automated Retail, LLC/Walmart – DVD Kiosk – 1201 S. 25 E. th F.Mrs. Powell’s Cinnamon Rolls – Food Service – 1813 S. 25 E. th G.Kohl’s #1086 – Retail Sales – 3175 S. 25 E. H.Verizon Wireless – Cell Tower – 4020 E. Sunnyside Rd. HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.Souther, Amanda – Daycare Employee/Jamie Owens – 3465 Senoma Circle B.Tiny Tykes/Lisa Herrmann – Daycare (Maximum 12 children) – 2255 Midway Ave. 2.RENEWAL HOME OCCUPATION PERMITS: A.Advanced Drafting Services – Drafting – 3026 Silver Circle LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: City Council Minutes 3-18-10 Page 2 of 10 th A.Willmore, Cory Kay – Bartender/Carino’s – 2833 S. 25 E. Business License*: Councilmember Thompson inquired concerning the Red Box licenses and the individual items. Leslie explained they are all in different locations and they all have to have separate licenses. Councilmember Kirkham motioned to approve the business licenses, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Kirkham motioned to approve accounts payable, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Lennis Terrill, 3195 Molen Street, Ammon, ID. 83406 presented the Council with information concerning his garbage service. He asked how the City of Ammon can charge more than Idaho Falls. He is asking for the second time to look at this again. Councilmember Kirkham stated she will discuss the fees with Lennis, Leslie and Lance in three weeks, th since Lennis and herself are both out of town until then. They will try and meet on April 12. PUBLIC HEARINGS - 2010-002 Utility Rates and City Fee Proposed Changes*: Mayor Fuhriman opened the public hearing. Councilmember Kirkham addressed the constituents and said the Council is also a part of the community and the fees the constituents pay they pay. The bond was passed in the fall of 2005 and the community agreed to move forward with the Regional System. She assured the constituents the Council is cognizant of these fees and they have spent the past few months going over the figures. Councilmember Powell stated he appreciated everyone attending. He explained the Council will discuss the user rate first and how the figure was determined. He went over the debt service, which is the cost to pay back the bond. It is a $20 million bond paid over 20 years with 2% simple interest. The first payment is due six months after we close on the loan. This is anticipated to occur around Oct – Dec 2011. The money has to be collected now, so we can make the first payment which is $1,223,134.36. Thus $22.65 of the fee goes to pay the bond back. DEQ requires a 10% reserve, which comes from $2.27 of the fee, to be set aside in reserves for the bond. The (EIRWWA) Eastern Idaho Regional Waste Water Authority has given Ammon a fee of $9.00 to operate the plant. He explained Shelley is currently flowing into it. Ammon has $8.08 to operate the City’s sewer, which is very, very tight. The City has been told to run a normal sewer usually runs $10 - $15 per connection for an efficient sewer department and we are going to do it with $8.08. Councilmember Slack clarified the City is currently paying interest on all the funds that have been drawn on. The first payment is the principal portion. Councilmember Powell stated the City hopes to complete construction Oct 2011, but it might vary by a few months. He has heard for years that Ammon needs to stand on its own two feet and that it mooches off its neighboring City and that Ammon is the 25 year old still living at home with mom and dad. The Council feels the decision to put in the plant is still the right decision. Councilmember Powell presented a letter that was attached to some of the constituent’s mailboxes. He went over some of the items on the letter and tried to correct the details. It is correct that at the bond hearing it was stated the fee would be $35, but he can tell you starting in 2005 with the rate of inflation at 3% your payment would now be $40.60. He feels that at a 4% rate of inflation, which he believes is more realistic; your payment would now be $42.60. We are charged $1.79 per 1000 gallons by Idaho Falls and our regional charges will be $9.00 per ERU (based on 9,885 gallons), which is a better deal. It is true Idaho Falls residents only pay $18.95, but they have critical mass, which Ammon will eventually achieve, as well. He presented an Idaho Falls bill of $18.95, which also shows a service charge of $7.00 for postage and handling, so you need to add all the charges to get the correct picture. He took Ammon’s $11 increase x 12 months divided by 365 days equals 37 cents per day. He showed the constituents what they can buy for 37 cents. He stated he wasn’t doing this to make light of the issue at hand, but he wanted to keep everything in perspective. He presented a can of cat food, a tiny toy, a jar of baby food fruit for 40 cents, two granola bars, a gift bow, a card without an envelope, a can of soup bought with a coupon, one tomato and half of a newspaper. What he is trying to say is, for 36 cents more a day you get a brand new state of the art class “A” reuse facility which can discharge the cleaned up water back into the river for irrigation. This is a $41 million dollar investment for 37 cents per day. City Council Minutes 3-18-10 Page 3 of 10 Mayor Fuhriman officially opened the hearing. He advised the constituents this will be the last time any signup sheets can be submitted. Testimony must limited to 3 minutes. He stated the Council would like to only hear concerning the residential rate increase first. Kyle McGary, 1223 Ridgewood Drive asked the Council what the City has on hand to help pay down the bond. Councilmember Kirkham explained we have to separate our lines from IBSD’s at a cost of $3 million. Councilmember Powell said we have roughly $4 million in reserves, the law only allows these funds to be used for sewer purposes, with $3 million committed to separating from IBSD and we must buy our own equipment to scope and camera the lines. Councilmember Powell said IBSD is also paying $3 million to separate from us. Councilmember Kirkham said this gets us down to $400,000, which we have to keep for emergencies. As we see growth, it will help pay the bond down faster. Ken Hunter, 2270 Dove Drive stated he was at the meeting in 2005 and he said there were comments that the $35 would be sufficient. He is concerned if we won’t be back here again in a few years for another increase hearing. Councilmember Thompson said at that time that figure was for 11,000 users, but IBSD didn’t go with us or the rate would have been $36. Councilmember Powell said this rate will need to increase 4% per year, so we don’t have to have such an extreme increase again. Councilmember Kirkham said the plant is built and we have a better idea of where we are at now. Kip Nelson, 2468 Quailridge Drive said he voted no for the bond. He appreciates the charts that have been distributed. He said Shelley started in January and asked when Ammon will come on. Councilmember Kirkham said in the fall of 2011. He said there is a French drain by the Pipers that plugs up. Councilmember Kirkham said it’s not the same system and the drain was flushed two years ago and is on a maintenance schedule. Dave Wadsworth declined to speak. Rod Harris, 3585 Ross asked if the line was going down the railroad tracks. Councilmember Kirkham said part of it is. Scott said all of the easements south of the City have been procured. Husk Crowley, Forsgren Associates stated the line is being constructed in three segments, due to the timing of the funding. Segment “A” goes to the treatment plant in Shelley from the intersection of Country Club Road and the New Sweden Highway. Segment “B” runs from this intersection east to the railroad bed, then Northeast to the York Road and Hackman Road intersection – there are two to three corridors being worked on from there. Rod Harris, 3585 Ross said the railroad turned the railroad bed land back to the farmers and there are some people who haven’t been contacted. Husk confirmed the railroad had owned the property. Merrill Blake obtained the property and he sold easements to the City. He had sold some of the pieces to the farmers, but we have obtained the same easements from them. The City’s easements have been secured. Joe Maughn, 3505 South Ross inquired concerning 4500 people on the system, but you have been talking 6000. Councilmember Thompson said Shelley has 1500. He asked about the lift station on Ross and the alleviation of the odor. Lance said fixing this is still part of the plan, but it is not part of the EIRWWA portion of the system. However the regional line will go the rest of the way to Ammon Rd, maybe along the railroad easement alignment. Ammon is intending to put that line in and then move the flow currently going to the Woodland Hills lift station to this line. Councilmember Kirkham asked Lance if he had a time frame of when we would put that line in. Lance said his timeline is as soon as the next phase is out to bid on the eastern interceptor line. Part of the design is tied in with the segment “C” design. Lance said part of the reserve will need to go to this. Councilmember Powell said it is the Council’s intent to get that done. It will cost us more in the beginning, but it will be cheaper in the end. Rod asked the name of the realtor we bought the property from. Husk stated it was not a realtor; he was the property owner and his name is Merrill Blake. Bryce Dixon declined to comment. Eldon Harker, 2150 Cabellaro Drive Ammon ID said he attended a meeting in Shelley and they presented the information on the sewer project. He said he asked if it took into account inflation and they said yes. He asked if the City can trim the fat off the budget. He asked how Shelley is determining their rates. Councilmember Kirkham addressed some of the concerns and stated everyone will be paying the same regional rates throughout the region. Shelley started their increase at the time the bond was passed, but the City of Ammon has not. Councilmember Kirkham said Shelley is currently paying $37.50. Councilmember Slack said the only thing Shelley is paying to the regional is $9.00. The only variable in Ammon’s proposed fee is the $8.08, so it might not st be exact. Councilmember Powell said we need to start collecting by June 1 or we won’t have enough money for the first payment. City Council Minutes 3-18-10 Page 4 of 10 Scott Gray declined to comment. Mark Chapman, 1175 Jackson Drive asked the Council when the new line comes in, will we have any lift stations. Husk stated the board adopted a design for the line handling Ammon where there is one lift station in Shelley. Mark asked what the overall cost is to the City of Ammon to go to this system. Councilmember Powell said it is the bond repayment and the $9.00 to treat the waste. He asked about the plant’s treatment train #1 and if Ammon goes into it. Councilmember Kirkham said yes and it can handle Shelley and Ammon today. Mark said if Ammon stayed with Idaho Falls the rate would still be going up. Mayor Fuhriman said the Council will now address hookup fees for new homes. Councilmember Kirkham asked Ron to pull up the diagram of the plant. She said the regional authority has asked for a $2600 capacity replacement fee and we have run own numbers, which we would have to take back to the Region for approval. We have built train #1, the diagram shows it in dark orange and it handles 6250 connections. As new users hook on, they need to pay to replace the capacity they are taking that we have already paid for. It is simple math: $12 million divided by 6250 and it comes up to $1920 that the regional authority would ask for. The Ammon system has a value and the depreciated value is $7.4 million divided by 4500 users, which comes to $1660. We are looking at $1600, which brings us to $3520. Councilmember Powell said this makes sure those that come on to the new system and take away the capacity that we have all bonded for and agreed to pay for, will pay their fair share to replace this capacity. They will have to pay for the new train, which we don’t need unless we have growth, so in the future we don’t have to bond again. Councilmember Kirkham said growth should pay for itself. Jay Johnson, 2125 Cabellaro said he was speaking for himself and he has followed the plant from the beginning to the end. He voted for the bond and has been behind it all along. He appreciates all the labors and hard work of the Council. He knows we didn’t have a lot of choice in the upgrading of the system. It’s only a matter of time before the other cities will have to upgrade due to environmental concerns and he is for that. He would like a little time to digest the new fee, so that we don’t hurt the building environment. He would like to work with the City to help find solutions. Greg Hanson, 5699 Veil stated he has beaten the Council up pretty bad in the past. He appreciates the City putting together of the numbers and he asked the Council to give them time to look over the numbers to see if there are any other options. He doesn’t want to stifle growth in Ammon. Tom Hunsaker, 2925 Carolyn Lane said the South Park Pennsylvania water rate was $60 a month and sewer $60 a month, over 15 years ago. Concerning the hookup fee people from other parts of the country pay $6000. We look at the cost of the other surrounding cities and those with older systems are paying less, but those with new systems are paying more than we are proposing. The new systems are expensive and working with realtors, etc. is a good thing. He is for the increase and he is ready to pay more. Mayor Fuhriman closed the public hearing. He opened it up for Council discussion. Councilmember Kirkham thanked the constituents for the peaceful manner in which the hearing was held. Councilmember Slack said he feels the Council understands the numbers. Councilmember Kirkham said she would like the Council to not make a decision tonight, since the public has just been given the numbers and she would like them to be able to digest them. Councilmember Bean asked the Council to go over the capacity numbers and he said he still questions our budget. Councilmember Powell agrees with Councilmember Kirkham. Councilmember Kirkham asked Bruce Ard to go back to the authority with the fee issues. ACTION ITEMS: 1. Resolution 2010-002 – Utility Rates*: Councilmember Kirkham motioned to table Resolution th 2010-002 – Utility Rates until the May 6 agenda. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes and Councilmember Powell – Yes. The motion passed. st Council informed Leslie that many of the members will not be at the April 1 meeting. Leslie said if there th is a risk of no quorum, they could combine the council session and work session on April 8. It was decided to thnd have a work session on April 8 combined with a regular session with April 22 scheduled for a regular session. stth April 1 and 15 will be cancelled. City Council Minutes 3-18-10 Page 5 of 10 2. Conditional Use Permit – Montessori Elementary School – Solitude Subdivision*: Ron said the property is directly north of the Jehovah Witness church. The proposal is to put a Montessori School in this location. Planning & Zoning’s recommendation was to approve the school, pending a traffic study. Ron said Robert Taylor voted against it, because he is opposed to private charter schools. Councilmember Coletti said it is a public charter school. Ron stated Robert felt the funding should go to the district schools. Councilmember Thompson asked if students are being bused. Ron stated those questions will be up to Council. Ron said the school building initially will be able to accommodate 192 students with a final capacity of 450 students. The initial startup will be Kindergarten to Third Grade. Planning & Zoning recommended a ceiling on the number of students that could only be raised through additional hearings. Councilmember Slack asked if there was only one access. Ron said yes. This property is currently in the flood plain, so to develop residential would require a significant change to the property. Rockwell has an approved FEMA channel. Ron would not recommend any residential here without a secondary access. Councilmember Kirkham said this is a similar situation to Princess. Ron said yes concerning the accesses, there is no emergency access. Lance said the property contains 6.1 acres. Councilmember Kirkham said Montessori is a totally different concept than regular schools. Councilmember Bean said the Council needs to be futuristic, because if we add another 150 cars into this, he is really concerned about the width of Township Road, which would need widening. Ron said you will see things in the traffic study. Lance said there is a representative of Project Engineering Consultants here who performed the traffic study. Lance had them look at the two intersections in question, which are Ammon Rd. and Township Rd and Sweetwater Way and Township Rd. The levels of service at Ammon Road and Township are all very good with no significant delay in traffic. However, the left hand turn from southbound Sweetwater Way onto eastbound Township Road is an F even today without the school there. Councilmember Bean asked what it would take to correct that. Lance said short of making a right hand turn only out of Sweetwater Way, no solution even comes close. Councilmember Bean asked if we are going to compound the problem. Lance said no, if you offset the schools start times it will not, but there will be still be a 15 minute problem period each morning for each school. Councilmember Bean asked what the condition of Township Road is between Ammon and Sweetwater. Lance said it’s not great. It’s not brand new, but it’s not terrible either. Councilmember Bean asked how long before the road will need to be replaced? Lance said he feels it will be a fairly long period of time before you have to replace asphalt. Lance said if you can look long term, you are better off planning for half mile collector roads in-between arterials. Councilmember Bean asked Lance what was behind the Jehovah’s Witness Church and the anticipated site location. Lance said it’s the flood channel. Ron said Rockwell is working with the Jehovah Witness Church to clean up the area where the channel is. Dave Meyer, 2599 E. 97 N. Idaho Falls stated he is the intern administrator for the school. Councilmember Slack asked how the school population will go from 180 to 450 and do you have an estimated time line for that. Dave feels it will take 4-5 years. It’s great working with Dome Technology, because we can build this in a modular way so that we are not over extending ourselves. Councilmember Slack asked what if we put conditions on the road. Dave would go back to the public charter school commission at the state and say we need to revise our growth expectations. Councilmember Slack asked if that would prevent you from going there. Dave said if they have 100 students on a waiting list, then we would like to be able to offer enrollment to them. Councilmember Thompson asked if the buildings look like igloos. Dave said no. Its modern architectural designs, so the utilities are reduced and the building is safer. They hope it will be a model for other educators that would potentially build their own schools that way. It is a circular building, the walls come up at a right angle on the ground and the roof is domed. Councilmember Bean asked if a permanent building will be built. Dave said yes, this is a permanent facility and presented a design to Council. Councilmember Powell asked if it will look like the picture. Dave said it will be similar. Councilmember Slack said he is concerned about a secondary access maybe not in the beginning, but when they start building and they get to the 450. Ron said you can put a ceiling on the conditional use permit stating that a secondary access has to be put in, when they reach a certain number. Councilmember Kirkham asked what conditions the Council would like. Councilmember Thompson said there will be very few students that aren’t taken with cars. Dave said the buildings are connected with enclosed walkways. Councilmember Thompson said no temporary buildings. Dave said charter schools cannot bond to build a school. Councilmember Slack said you now have two buildings for 180 students. He asked Dave how many students would come with a third building and at this point, would they build the gymnasium and auditorium. Dave said it would be another 120-150 students and then they would build the gymnasium. Dave stated that they have discussed the staggering of start times with Woodland Hills. Woodland Hills starts at 8:25 a.m. and they have considered starting at 8:45 a.m. or 9:00 a.m. Woodland Hills will end at 2:30 p.m. and they will end at 3:00 p.m. Councilmember Slack asked if the Council required a secondary access as the school experiences expansion, what it would do with City Council Minutes 3-18-10 Page 6 of 10 their funding. Dave asked what time frame would he be looking at. The school is able to wait to add more students, until the access road can be built. th Lance said there were 139 cars on February 25 that turned onto Sweetwater Way between 7:15 and 9:00 a.m. Scott said this was with 600 students at Woodland Hills Elementary. Lance is ok not having a second access and he doesn’t know when the need would trigger one. Stacy Hyde, 4125 E. Wanda, Fire Chief stated they always look at worst case scenarios. He recommends a secondary access from the start. It would help if they would sprinkle the buildings, but this isn’t required at this time. Councilmember Bean asked if they needed, can they use the Woodland Hills bus access. Stacy said it is paved and curbed and if they had to, they could climb the curbs. Councilmember Bean said this would be the only school where we didn’t require a secondary access. Stacy said that is correct. Councilmember Slack suggested an agreement be created between the schools for the bus section to be used as a secondary access. Councilmember Slack motioned to approve the Conditional Use Permit for the Montessori School Solitude Subdivision based upon an agreement with Woodland Hill Elementary to use their playground as an emergency secondary access as well as limiting the growth with the third building with auditorium until a secondary access is provided. Jay said the District won’t do that, since they aren’t in favor of charter schools. Wendy Horman, 1860 Heather Lane, Ammon said the probability would be low to nonexistent that Woodland Hills Elementary would allow this. Councilmember Slack said then he has a problem. Scott said you keep mentioning fire trucks, but he is more concerned with ambulance and police. Wendy said she would take it back to the School District. The School District denied the charter, so it went to the Public Charter Commission for approval. Councilmember Kirkham asked her if this would delay the construction. Wendy said it would have to wait for a public meeting and the school might have to look elsewhere for a site. Alan Cunningham, 1020 Lincoln Road said the future road to the north that connects to Ammon Road is a dedicated right of way and is deeded in Johnson’s name. The distance from the school to Ammon Road via this future street is relatively the same distance as connecting to Ross, at about 2000 feet. Darren Wheeler, 1260 Rimline Drive representing Dome Technology said they have been building these buildings for 30 years. They are on a very tight schedule and Dome Technology will be handling the financing for the construction of the school. Additional improvements on Township and the secondary access have not been considered in their budget. These items would kill the project. Councilmember Kirkham said they like the concept, but the Council is hung up on the second access. Jay Johnson said maybe it’s the traffic coming out not the traffic going in that is the issue. Maybe when the second building phase is reached is when it’s time to put in the secondary access. Jay said maybe he could work with them on the second phase with a gravel road from Sweetwater to Shelmar Lane. Councilmember Slack asked about what the fire code requires for sprinklers. Darren said the original budget did not include sprinklers and this would stress the budget. Councilmember Powell asked about the square footage. Kurt Velman, Fire Marshal said the building is 16,000 sq. ft. and currently 20,000 sq. ft. is the requirement for sprinklers. Councilmember Slack motioned to approve the Conditional Use Permit for the Montessori Elementary School – Solitude Subdivision with the stipulation that when they begin the second phase, meaning when the building is expanded beyond what they have presented tonight to the Council, that the school must have a secondary access and starting on its opening day that the school must have staggered meeting times with Woodland Hills Elementary of at least a half hour. Leslie clarified that Councilmember Slack had made a previous motion without a second. Councilmember Slack withdrew his first motion. Council discussed some other items they wanted added to the motion. Councilmember Slack amended the motion for the Conditional Use Permit for the Montessori Elementary School - Solitude Subdivision to add a cap of 450 students on that property and busing will be required at the second phase. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes and Councilmember Bean – Yes. The motion passed. 3. Preliminary and Final Plat (Ron) - Solitude Division #2 *: Ron presented an illustration of the location. Councilmember Bean motioned to approve Preliminary and Final Plat for Solitude Division #2, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes and Councilmember Kirkham – Yes. The motion passed. City Council Minutes 3-18-10 Page 7 of 10 Councilmember Kirkham motioned to go into executive session pursuant to Idaho Code 67-2345 (1f) pending litigation. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes, Councilmember Slack – Yes and Councilmember Bean – Yes. The motion passed. The meeting adjourned into executive session at 9:55 p.m. Councilmember Kirkham requested that Ray Ellis, Jennifer Belfield and Lance Bates stay. Councilmember Kirkham motioned to come back into regular session at 10:37 p.m. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes and Councilmember Slack – Yes. The motion passed. 4. Resolution 2010-007 – Bonneville County Multi-Jurisdiction Hazard Mitigation Plan (Ron/Leslie/Scott)*: Ron stated this was cleaning up a previous approval with Bonneville County Multi- Jurisdiction Hazard Mitigation Plan. He said they have now decided that a resolution is necessary. Councilmember Bean stated he was concerned about the financial consequences. Ron said the City will need this to gain federal funding for mitigation plans. Ron said this would also apply to any FEMA grants. Lance said this also applies to the State Revolving Funds, DEQ funds and any similar funds. Ron stated Stacy Hyde and Mayor Ard have been attending the meetings. Lance said it’s called the Local Emergency Planning Council. Councilmember Bean said it’s already been signed and approved. Ron said he can ask Stacy to come to the next meeting to explain our responsibilities under this plan. Councilmember Bean motioned to approve Resolution 2010-007 Bonneville County Multi-Jurisdiction Hazard Mitigation Plan. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes and Councilmember Slack – Yes. The motion passed. 5. Development Agreement - Ammon Park Center – Division #4 (Ron)*: Ron said this is for the previously approved plat directly west of Ace Hardware. The driveway will be abandoned and a public street will be built between Sabin and Caballero. There will be no acceleration lanes. On the site plan they have a wide dedicated street, with a 15 foot landscape strip, which will eventually be turned over to the City. They will be putting in the grass and sprinklers and maintaining it until the street is actually developed all the way to the next cross street. Councilmember Thompson asked about the storm water retention. Lance stated they will be joining the existing retention pond, but when it gets to the public right-of-way then it can be no more than 1 ½ feet deep. Councilmember Bean motioned to approve the Development Agreement on Ammon Park Center Division #4. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes and Councilmember Kirkham – Yes. The motion passed. 6. HRA/Cobra Approval and Implementation (Dana/Jennifer)*: Councilmember Kirkham motioned to table the HRA/Cobra Approval and Implementation, until after the City has sought the Request for Proposal for services. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes and Councilmember Slack – Yes. The motion passed. 7. Bid Acceptance - 1974 Lafrance Fire Truck Auction (Leslie)*: Leslie advised the Council that one bid was turned in for $832 by John Dottie, which was paid by a cashier’s check. Councilmember Kirkham motioned to accept the bid for the 1974 Lafrance Fire Truck for $832. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes and Councilmember Slack – Yes. The motion passed. Councilmember Bean said in the future he would like a bill of sale that says “as is where as”. Leslie stated the ad said as is, but she will make sure she has a bill of sale in the future. Scott will help assist on this in the future. City Council Minutes 3-18-10 Page 8 of 10 st 8. 1 Street Memorandum of Understanding with County (Lance)*: Lance stated that there are no changes from the second draft. He has had the County Commissioners sign it and he needs approval for the Mayor to sign it. Councilmember Thompson asked which side of the bridge we go to. Lance stated it’s the west side of the bridge. Councilmember Thompson asked if the City has the property west of the bridge. Lance stated no, but the gas station is within the City of Ammon limits. Councilmember Bean asked Lance to check and see if the City owns to the center line west of the bridge. Councilmember Coletti asked the Council to look at paragraph 8 and asked if they were OK with sewerage. Councilmember Bean said it’s in IBSD’s area. Lance said it will be OK with IBSD. The County was concerned with putting pipes underneath First Street when they aren’t in the sewer business. Councilmember Bean said IBSD will be responsible for the costs of sewer, if they want it. Whether or not they don’t put pipes in, they can’t tear up the road for ten years. st Councilmember Bean motioned to approve the 1 Street Memorandum of Understanding with the County. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes and Councilmember Powell – Yes. The motion passed. 9. Sanding Shed (Lance)*: Lance said this a statewide contract for a sand shed from Cougit Construction that the City can piggyback on, so competitive bidding is not needed. The shed is 72 x 120. He has sent it to Scott for review and his only concern is the requirement for the City to pay 25% up front to order the material. They did this on the statewide contract to get it ordered. Councilmember Bean would like to look at a financial statement. Scott said he would prefer if Cougit wants money upfront, then we require a performance bond. Councilmember Bean said the bond will cost them money, which we will end up paying and will take time. Councilmember Thompson said this building costs $8.68 per foot. Ray said this is a pre-fabricated building with steel trusses and fabric roof. Scott said we could jointly pay the check or we pay the check directly to the vendor. Council agreed to do this. Lance said it will be put on the Sunnyside property. Lance said the building is designed for 90 mph winds with snow loads of 50 lbs per sq ft. Councilmember Bean motioned to approve the contract for the construction of the sand shed, conditioned upon one of several options regarding the 25% deposit. The City will pay it directly to the vendor, or via a joint check from the City and the contractor to the vendor or we require a performance bond. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes and Councilmember Kirkham – Yes. The motion passed. 10. Water Scada Control Building Authorization (Kirkham)*: Councilmember Kirkham said this has been covered in the work session and she is asking the Council to approve Keller to start the design phase for the Water Scada Control Building. Lance said he still needs to plat the land. Ray said the property has been surveyed and staked. Councilmember Kirkham motioned to approve Keller to go ahead with the design portion of the Water Scada Control Building. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes and Councilmember Coletti – Yes. The motion passed. 11. Community Performance Plan – Rocky Mountain (Mayor)*: Mayor Steve stated that Rocky Mountain Power has put together a Community Performance Plan and he would like to acknowledge it. Councilmember Bean asked what it is. Councilmember Kirkham said it’s basically a mission statement. Councilmember Kirkham motioned to authorize the Mayor to sign an acknowledgement tha the City has received the Community Performance Plan for Rocky Mountain Power. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes and Councilmember Coletti – Yes. The motion passed. 12. Stmt of Support for the Guard and Reserves (Mayor)*: Mayor Steve would like permission to sign the statement of support for the guard and states the City will obey the laws for anyone who works for the City and will post it. Councilmember Slack motioned to allow the Mayor to sign the statement in Support for the Guard and Reserves. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti City Council Minutes 3-18-10 Page 9 of 10 – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes and Councilmember Bean – Yes. The motion passed. DISCUSSION ITEMS: 1. Solitude Division #2 – Recommendations for Development Agreement: Ron asked the Council if they need to discuss this anymore and if he could put all the conditional use permit requirements into the development agreement. Council concurred. 2. Misc.: Lance said we are arranging a demonstration of a little street sweeper to put on the front end of a skid steer, which might do a better job cleaning some of the streets during the summer. He would like to have at least one Councilmember there to look at the costs and options. It will have a catch basin on the front and the broom rotates to push the material back in. Scott asked if it could handle snow. Lance said no. Councilmember Kirkham said she will be there, but wants Lance to invite everyone. Councilmember Thompson asked Ron if there were ordinances concerning houses with private signs. He said the group homes by Wal-Mart have large signs. Ron will have Shawna go over to check. He said he noticed st under the west side of the 1 Street Bridge there are about 40 five-gallon containers with used cooking oil in them. Ron will tell Stacy and have police backup go with him. Alan Cunningham said call Progressive Irrigation District also. Councilmember Bean asked what the deadline is with the Walgreens cattails. Lance said they are waiting on the weather and he has told them by June. Councilmember Thompson asked when they will resume on the new tank. Lance has asked them to hold off until next Monday. st Councilmember Powell said the streetlight at 45th and 21 Street is still not there. Lance said there is no timeline set and Ray’s brother hasn’t given him a timeline. Councilmember Powell will call Roy. Councilmember Kirkham said the school zone sign on 21st is flashing all the time now. She mentioned there are street lights not lit in the Cottages. Leslie said to have them call the office and we will report it to Rocky Mountain Power. Leslie told the Council that Dr. Marano has signed the easement agreement. Preston from the LDS Church wanted her to let the Council know he will be coming to the City at the next meeting concerning the sewer rate. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) (Scott/Stacy) Councilmember Slack motioned to adjourn. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. The meeting adjourned at 11:25 p.m. _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk City Council Minutes 3-18-10 Page 10 of 10