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06172010CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JUNE 17, 2010 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA – WORK SESSION THURSDAY, JUNE 17, 2010 – 6:00 P.M. DISCUSSION ITEMS: 1.Broadband Budget Feasibility (Bruce)* CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, JUNE 17, 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: None ITEMS FROM MAYOR: CONSENT AGENDA: Business License* Accounts Payable – Exhibit A Exhibit B – City of Shelley ITEMS FOR/FROM TREASURER: Ammon Days - Council and Mayor Assignments Budget Reviews with Dept. Heads PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: PUBLIC HEARINGS: 2010-006 Conditional Use Permit – Turtle Bay Pool & Tennis Courts* ACTION ITEMS: 1.Ord. 488 – Itinerant/Mobile Vendors, Parking, Hours of Sale Liquor (Ron)* 2.Formation of New City Communication Utility (Powell/Patterson/Scott) 3.Memorandum of Understanding – Upper Snake Interagency Wildfire Group (BLM/Kurt)* 4.Policy 10-006 – Financial Board Designee (Bean/Ron)* 5.Resolution 2010-010 – Financial Board Designee* 6.IBSD Separation Letter (Lance)* DISCUSSION ITEMS: 1.Quail Ridge Storm Water Pond Development (Adam/Ken)* 2.Parks and Recreation Budget Shortfall (Ken/Slack)* 3.Pool Fund Raising Activities (Ken/Slack) 4.Valley Assisted Living Sprinkler System Extension (Kurt/Scott)* 5.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) MINUTES City Officials Present: Mayor Steve Fuhriman Councilmember Dana Kirkham Councilmember Lee Bean City Council Minutes 6-17-10 Page 1 of 9 Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates City Planner Ron Folsom City Treasurer Jennifer Belfield City Officials Absent: Councilmember Rex Thompson CALL TO ORDER – WORK SESSION: Mayor Steve Fuhriman opened the meeting at 6:08 p.m. at the City Hall building located at 2135 South Ammon Road. DISCUSSION ITEMS: 1. Broadband Budget Feasibility (Bruce)*: Bruce Patterson addressed the Council with the prospects of Broadband without a grant. He presented the Council with a map of where City connections are at this point, which are all outsourced. The $15,000 per year we pay right now is to support those connections. The radio frequency connections supporting our well sites have an extremely low band-width. Some of our wells need an immediate upgrade from the low band-width. In order to improve these, we will have to pay more and will have to find different providers. The future Central Office for IT will further change the City’s needs for bandwidth. One way or another, fiber optic will be used to provide this increased bandwidth. Councilmember Kirkham asked Bruce if the City will need to outsource for these needs, if the City does not have it. Bruce explained fiber optics will be the way we have to go and we would have to outsource for it. City Engineer Lance Bates stated he feels that fiber is the most viable option available. Without fiber you would have to use wireless connections and you would still be paying for outside services. Bruce said Cable is a shared network and it is not feasible, because you would have to encrypt everything and the bandwidth isn’t sufficient. You will need connections for several applications and you will pay for it every month. With our own line, you will always be able to add items for the City’s needs. Fiber has a higher upfront cost, but it will pay for itself. Councilmember Powell asked if you could put a phone system on fiber. Bruce stated yes. He explained all of our main infrastructure can remain in one building. Bruce said his recommendation, as well as Lance’s, is fiber. He gave some numbers to Council stating these are at a high point for industry standards. Councilmember Powell said the City will need to be going this way eventually. Councilmember Kirkham said the City could install fiber for itself and not provided it to the residents. Bruce stated it could be two separate decisions with the fiber. We need it for the City, but providing it to the residents can be decided later. Bruce said Cable One would charge $2500 to support the network and it is not a regulated utility. Lance said they can change the rate, if desired. Bruce showed the Council a high figure. He explained what each number was for. He explained that “UG” meant “underground” and OG meant “overground” on his figures. He explained where we would like to have fiber at some point. He explained for the amount of $230,000 he could own the fiber and serve the City. The total would be $400,000, plus 13 wireless connection points to the fiber system at $104,000 over the next four years. Bruce concluded that the City can spend $500,000 - $600,000 on its own over the next 3 -5 years. These costs will be spent whether we produce it or outsource it. Bruce explained the important note to consider is the ownership of the infrastructure. Bruce said the City will be paying this figure, however, we could get some revenue from it. He feels the first step is to get the fiber in and then look into cell towers for additional revenue. The business developments get a going rate of $1000 per month, per tower. Bruce explained he would like Robert Peterson to talk some more to Council about this issue. Robert Peterson, 735 Robbins, Idaho Falls, ID 83401, said he believes the cell towers are connected to the phone network using T1’s, at this time. Verizon, Qwest and Syringa are trying to get higher speeds into the cell towers and are very interested in fiber. Syringa is looking for somebody other than Qwest. Bruce said they are paying $1300 per month, at this time. Scott asked if they would pay more for fiber than T1. Robert said they are looking at dark fiber to carry Ethernet, which is most likely what the City would be offering. He explained fiber has more bandwidth, which gives them more capacity. Bruce said we will still have to compete. Qwest has been in business for many years and T1 is a performance standard and goes at 1.5 megabit per second and a DS3 goes at 45 megabit per second, but they are interested in gigabit Ethernet, which goes even faster. Bruce said Syringa can activate whatever bandwidth they want. The City would just give them the fiber. Bruce showed the Council where they can create revenue to pay for the difference with the grant. He would like to go to private companies and developers to solicit their needs. City Council Minutes 6-17-10 Page 2 of 9 Ron Folsom, Planning Director stated that Eric Isom from Ball Ventures said 60 – 80% of all people inquire where fiber is available. It would be a huge advantage for the City. They were told by Qwest that fiber is available, but they are not sure where it is and who is leasing it. They talked with Linda and Tammy at Grow Idaho Falls and they concurred with the numbers – several companies will not look at a site that doesn’t have fiber. These include R&D Companies, Call Centers, etc. There were two call centers that wanted to come into Idaho Falls or Ammon, however they needed fiber. Dean Mortimer said tell me what I have to put in the ground to make my area be available for fiber and I will put it in the ground, as long as it is reasonable. Jeff Hawks would also be interested, which would give them something that would be exclusive. Grow Idaho Falls gave a list of companies that would be interested in locating here, but they would need fiber in the area; some of which are Domus, Roosevelt, CBI, Ellis, Customer Care and Brain Center. Eric said you will not get legal, professional or medical in your area unless you have fiber. There is a call center in the building by the Cellar that would like to increase the facility, but expanded in Idaho Falls rather than Ammon because of the lack of fiber. Mayor Steve asked if any developers would be willing to help put this in. Bruce said they would be interested in using the infrastructure, but not in assisting to build the project. Eutopia has heard the City of Ammon has applied for the grant and if we build anything, then they are willing to open their service providers for us. Bruce said the City would be the bridge and someone else handles the rest. Councilmember Powell said for any new development, especially commercial, that he would like to see fiber put into the infrastructure. Bruce stated that Eric Isom sees us being a prime medical location, if we had fiber. Bruce commented on starting up a wireless ISP and if the City can get 500 residential customers at $20 per month for 3-megabit connections, that would be our biggest revenue. Councilmember Slack stated Qwest can only give us 1.5 megabit with the City, at this time. The schools are providing a lot of virtual academies and they need a wider bandwidth for the classes. Councilmember Kirkham asked what the scope of the Idaho Falls fiber is. Bruce said they don’t provide any services to the residents. Councilmember Powell said it is set up for their City. Bruce said it is a City department in Idaho Falls. Scott Hall said they are hooked onto Idaho Falls but their bill is paid to another provider. Councilmember Kirkham asked if we should get into competition with the private sector. Lance said it would be economy of scale – we don’t have enough buildings to fund it. Ron said this concept is not new. It would be new in this area, but all over the country they are doing it. Eutopia is in 18 Cities. Councilmember Bean asked how a call center would hook into Idaho Falls’ fiber. Bruce said individual businesses can contract with Idaho Falls, they don’t have to go through an ISP. It was discussed that the Idaho Falls system is out of bandwidth in some areas. Bruce said in the beginning we would have to be the service provider, but we can get out of it in the future when we are larger. Councilmember Bean asked who was on the Idaho Falls network. Robert said One Connect, Microserve, QuikNet, Syringa, INL twice, EIRMC, Medical and Professional, and School District 91 and it has been widely successful. Bruce explained after becoming an ISP, how you can get out of it. Councilmember Bean stated he is concerned about the competition aspect. Bruce said Qwest is not on Idaho Falls fiber. He thinks we need to be in the infrastructure business because primarily the City’s needs are driving this, but would like to offer it to others. Bruce said the City would offer two models: wholesale transport and/or lease of dark fiber. Councilmember Powell asked why we are competing with other garbage services. Leslie Folsom stated that the City has an ordinance that prohibits the other garbage companies, due to economy of scale. Ron said this will be the same as water, sewer and garbage. Bruce commented on the benefits to the community. Councilmember Powell asked do we want to put it in for our buildings. Councilmember Kirkham is comfortable with connecting the 25-mile stretch and the $2.5 million for internal City operations and doesn’t feel we have to make a decision to go beyond this, at this time. Councilmember Bean asked if it would cost the City $350,000, why go for the $1.2 million. Councilmember Kirkham said the philosophy would be so we could move forward and expand. Councilmember Powell asked Bruce what the grant would do for the City. Bruce said it would get the equipment. He feels the demand would be there. This grant would allow us to run fiber through the whole City. He would like to support the community. Councilmember Kirkham asked if the school would put up some upfront money. Bruce said that would make them a part owner and doesn’t feel the City wants to go this direction. Councilmember Bean asked if you could put the lines in and then sell them. Ron commented we could put the lines in and keep them dark. Councilmember Powell said our lines would work out a lot better than Idaho Falls. Councilmember Powell said Microserve would pay us to use the fiber. If we don’t get the grant, we would still need to handle City services. Bruce commented about ownership being key. Councilmember Slack stated yes and feels it’s a no brainer to own a fantastic network and they can do what they want – infrastructure and ownership is a good thing for us. Councilmember Bean said yes if we don’t compete, but no since we can’t afford it. He doesn’t feel it is feasible right now and we should not take it out of reserves. Councilmember Powell asked if he would be in favor to install it for the City. Councilmember Bean said yes he could take that out of the reserves. Bruce said he would like $300,000 from water and $300,000 from general. Scott Hall said it would be borrowing. Councilmember Powell said you would borrow the funds to start the department. Can the groups be part owner of the line? Leslie stated she went to the Idaho Falls Power tour and inquired about their budget. She explained they pay electricity costs for all their buildings, which go back into the general fund. Councilmember Powell poled the rest of the Council. Councilmember Coletti said yes. Councilmember Powell said yes, it’s a great investment for Ammon’s future. Councilmember Kirkham stated yes, she is in favor. City Council Minutes 6-17-10 Page 3 of 9 Councilmember Powell wants to know when the application period for the second grant finishes and if we are in the running. If not, then we need to start. Bruce said the costs would all go towards the grant, as long as, it’s spent after the grant was applied for. Scott said step one would be creating another department. Leslie said it would be broadband. Councilmember Bean said we would have to create a budget for fiber with the income from the other departments. Bruce said that Jennifer would like to have it as a separate department for tractability for the grant. Councilmember Bean said it will be a separate business, so it needs to be a separate department. Councilmember Bean stated you can transfer the profits from it to the IT dept at the end of the year. Bruce said we are hoping for reserves. Bruce would like it to take care of itself first. Councilmember Slack motioned to adjourn. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Bean – Yes. The meeting adjourned 7:13 p.m. CALL TO ORDER – REGULAR SESSION: Mayor Steve Fuhriman opened the meeting at 7:34 p.m. at the City Hall building located at 2135 South Ammon Road. Councilmember Kirkham led the Pledge of Allegiance. Councilmember Bean led the prayer. MINUTES: None ITEMS FROM MAYOR: CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday June 17, 2010 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: A.McGrath, David O. – Daycare Non-Provider/Acorn Children’s Academy – 1619 Curlew Suite 2 2.RENEWAL GENERAL BUISINESS LICENSE APPLICATION: A.Parley’s Mercantile & Gun Shop – Retail Sales – 3890 E. Sunnyside Rd. HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.Evolution Wireless – Telecommunication Sales – 3697 Windmill Dr. 2.RENEWAL HOME OCCUPATION PERMITS: A.Bright Minds Preschool/Burke, Deana – Daycare (Maximum 12 Children) – 5012 Vintage Lane LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Day, Bartholomew D. – Bartender/Cellar – 3520 E. 17 Street th B.Lamprecht, Jaxson – Bartender/Carino’s – 2033 S. 25 E. 2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Duncan, Robert – Bartender/Texas Roadhouse – 2535 S. 25 E. MISC: MASSAGE ESTABLISHMENT City Council Minutes 6-17-10 Page 4 of 9 1.NEW MASSAGE THERAPIST BUSINESS LICENSE: th A. Kilpatrick, Kate – Massage Therapist/Massage Envy – 3047 S. 25 E. th B. Kindler, Diana – Massage Therapist/Massage Envy – 3047 S. 25 E. Business License*: Councilmember Bean motioned to approve the business licenses, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, and Councilmember Coletti – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Bean motioned to approve accounts payable, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Powell – Yes. The motion passed. Exhibit B – City of Shelley: Councilmember Kirkham motioned to approve the account payable for the City of Shelley, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Slack – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Ammon Days - Council and Mayor Assignments: Councilmember Slack said we need people at the general booth to man City information. Jennifer stated she needs to know the shirt sizes for the people participating and who will be getting pool passes. Budget Reviews with Department Heads: Jennifer stated she is sending the final budget figures to the staff and requests that the Council get involved with the group. She proposed the last week of June to have the Council and thth Department Heads get together to discuss the budget, in a work session. Council will be meeting the 8 and 29 of July. thst August 19 will be the public hearing for the budget, after it has been published twice. Council will meet July 1 at 4:30pm with the Department Heads. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None PUBLIC HEARINGS: 2010-006 Conditional Use Permit – Turtle Bay Pool & Tennis Courts*: Mayor Steve Fuhriman explained the procedure for public hearings and testimony. City Planner Ron Folsom explained the original th hearing was heard by Planning and Zoning on April 7. It was decided to have another public hearing, due to the fact that Mr. Adolpho would like to sell memberships. There was one letter in opposition to selling memberships outside of the Cottages and one person offering testimony in opposition at the Planning and Zoning meeting. Mr. Adolpho has now gone to Texas to accept a job. The pool is currently closed and drained, but it was decided to proceed. This decision would apply to anyone who takes over the pool and the expenses for the hearing will apply to them. Bob Sawyers, 2721 Bungalow Drive, Idaho Falls stated he has been in opposition, since day one. He feels the lot is a single home lot, however, there is parking throughout the evening hours that have created a traffic issue. He doesn’t want the memberships sold outside of the Cottages. They want a quiet safe neighborhood. In the winter, people do not walk to the pool, their engines are constantly idling while they are using the pool, and the pool’s windows are left open while music is blaring. Councilmember Powell asked if it isn’t approved, what you think will happen to the property. Mr. Sawyers said he doesn’t know. His only possible solution would be to tear it down and put in a house. Councilmember Slack said wouldn’t you want to see it kept open, so it doesn’t run down. If it’s shut down, the weeds will grow and the paint will chip. Mr. Sawyers feels it is a mess we have gotten ourselves into. He talked about the advertising for the pool. Mr. Sawyers feels it was not designed right from the start. Councilmember Coletti asked what if a homeowners association ran the pool. Mr. Sawyers felt this would be a better solution, however at this time, there isn’t a homeowners association. Mayor Steve closed the public hearing. Councilmember Powell said he remembers Councilmember Bean stating when the facility was first proposed, that it wouldn’t be able to be funded and we would be left with an empty building. We can now see this is exactly what happened. Councilmember Bean asked Ron if it was permanently shut down. Ron stated he did not know. Councilmember Bean doesn’t see why the Council would decline it, but would want to put additional restrictions on the CUP (conditional use permit). Scott Hall said restricting memberships to residents of the Cottages was part of the discussion, but this restriction was left off the CUP. Councilmember Bean would like no one to be able to pay to use the facility for open swimming, it should only be used by members of the facility. Also put no parking signs up on the street and enforce them. Councilmember Powell discussed the hours. Councilmember Bean said it is currently 5 am to 11 pm and would like to see the hours change on both ends. Council suggested 6:30 am to 10 pm. Mr. Sawyers said his preference would be 7 am to 9 pm every day of the week. Councilmember Bean would like the conditional use to be City Council Minutes 6-17-10 Page 5 of 9 granted for one year. It was discussed that the insurance needs to be proved and the City must receive notice of any expiration of insurance. Councilmember Slack motioned to approve the Conditional Use Permit for Turtle Bay Pool and Tennis Courts with no lighting on tennis courts, good for one year, a site obscuring fence, no parking on the street, no parking signs posted by and enforced by the City, insurance for $1 million, no sales of memberships outside the Cottages, guests allowed only with a member present, no individual use payments, 7 am to 9 pm operating times seven days a week and the immediate revocation of the conditional use permit, if the insurance lapses or the City is taken off as beneficiary. Condition of issuance is dependent upon the insurance policy being in effect. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Recuse (because she lives in the neighborhood – her opinion is not impartial). ACTION ITEMS: 1. Ord. 488 – Itinerant/Mobile Vendors, Parking, Hours of Sale Liquor (Ron)*: City Planner Ron Folsom said the Ordinance was discussed last Council session. The State of Idaho changed the liquor sale restrictions, so that on primary days and election days you could sell liquor. Idaho Falls now allows it. The ordinance would allow Ammon businesses to do the same and the ordinance would also change two other parts of the City Code. Itinerant Merchants will now be required to have a card to go door-to-door for sales. Shawna has also requested changes to parking in the residential zones, tightening the language from “with a reasonable amount of time” to the much clearer “24 hours” and vehicles parked in violation of the ordinance can be impounded. Councilmember Slack read Ordinance #488 AN ORDINANCE OF THE CITY OF AMMON OF THE STATE OF IDAHO, THE CITY CODE TITLE 4 BUSINESS REGULATIONS AMENDING CHAPTER 2 LIQUOR BY THE DRINK SECTION 14 HOURS OF SALE TITLE 4 BUSINESS REGULATIONS REPEALING, READOPTING AND RENAMING CHAPTER 9 INTINERANT MERCHANTS MOBILE FOOD VENDORS TITLE 9 TRAFFIC REGULATIONS AND CONTROL AMENDING CHAPTER 4 PUBLIC PARKING SECTION 3 PARKING IN A RESIDENTIAL ZONE PROVIDING FOR SEVERABILITY REPEALING CONFLICT ORDINANCES AND Councilmember Slack motioned to dispense with the rule requiring the reading of the PROVIDING AN EFFECTIVE DATE. ordinances on three different days and that the three readings are waived. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. Councilmember Slack read Ordinance #488 AN ORDINANCE OF THE CITY OF AMMON OF THE STATE OF IDAHO, THE CITY CODE TITLE 4 BUSINESS REGULATIONS AMENDING CHAPTER 2 LIQUOR BY THE DRINK SECTION 14 HOURS OF SALE TITLE 4 BUSINESS REGULATIONS REPEALING, READOPTING AND RENAMING CHAPTER 9 INTINERANT MERCHANTS MOBILE FOOD VENDORS TITLE 9 TRAFFIC REGULATIONS AND CONTROL AMENDING CHAPTER 4 PUBLIC PARKING SECTION 3 PARKING IN A RESIDENTIAL ZONE PROVIDING FOR SEVERABILITY REPEALING CONFLICT ORDINANCES AND Councilmember Slack motioned to adopt Ordinance #488 as an ordinance of the City of PROVIDING AN EFFECTIVE DATE. Ammon on its third and final reading. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. 2. Formation of New City Communication Utility (Powell/Patterson/Scott): Councilmember Powell motioned to form a new department inside the City of Ammon called the Communications Department, effective with the new budget year 2011. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Bean –Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. 3. Memorandum of Understanding – Upper Snake Interagency Wildfire Group (BLM/Kurt)*: Kurt Velman, 2135 S. Ammon Road with Kevin Conran from the Fire Mitigation and Education Specialist, 1405 Hollipark Drive, Idaho Falls, ID. 83401 stated that this issue was brought up due to the brush fires in 2007-2008. Many of these kind of fires are occurring on privately owned property that is not currently in any Fire District. Private landowners paying for fire protection are giving permission for the fire department to be on their property to fight the fire. It could open the fire department up to potential liability, if the landowners are not paying for a fire district. The proposed solution will form an inter-agency wildfire group centered around Bonneville County. The need for this group began to become apparent when Dane Watkins made an inquiry to the attorney general’s office, which made a determination that it is the Bonneville County Sheriff’s responsibility to handle fires outside of fire districts. The Sheriff’s opinion is that the sheriff’s department is not a fire department. This MOU would give the Sheriff’s office the ability to respond – use the sheriff’s authority to put out a small fire, rather than having it grow to 10 acres or more. This will allow an agency to delegate its authority to put out fires to the agency, thus providing a means to put out a fire while it is small, rather than th having to just let it grow to 10 acres. They would like this in place before the 4 of July, which is typically when they start City Council Minutes 6-17-10 Page 6 of 9 getting most of the fires. Councilmember Kirkham said this is similar to the fire on the hill. Kurt said the first one occurred in 2007 and they had to wait for it to cross into the Bonneville County Fire District. Councilmember Kirkham motioned to approve the Memorandum of Understanding (MOU) for the Upper Snake Interagency Wildfire Group, contingent on Scott’s review, and upon Scott’s approval to authorize the Mayor to sign. Scott Hall asked what the term of cancellation is. Kevin said it’s a non-binding MOU under Article 13. Councilmember Powell asked about liability for possible damage of property. Kevin said Article 6 states that assisting districts shall be considered agents of the requesting agency for total liability and immunity purposes. The City shall not be held accountable for rendering aid or for liability outside its own jurisdiction. Kevin read most of what the Article read. Article 9 says any reimbursement shall be billed to the prospective landowner. Councilmember Bean asked whose jurisdiction this is under. Kevin said the Bonneville County Sheriff. Councilmember Coletti asked Scott if this would be covered under the tort claims act. Scott concurred. His major concern is allowing the City of Ammon to withdraw within 30 days. He would like it to be a new Article 14. Kevin would like to change it to say any party. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Powell - Yes, and Councilmember Bean – Yes. The motion passed. 4. Policy 10-006 – Financial Board Designee (Bean/Ron)*: City Planner Ron Folsom said this is per the Council’s request. Councilmember Bean asked which boards, councils or commission we have Council sitting on, at this time. Councilmember Bean said he sits on the Ammon Urban Renewal and BMPO. Lance and Ron sit on the technical advisory board of BMPO. The different members are: EIRWWA (Bruce Ard), Grow Idaho Falls (Mayor and Ron), Chamber of Commerce (Russell), RDA (Kirkham), Bonneville County P&Z (Tom), and Flood Control District (Lance). It was discussed which boards have to do with finances, which are, EIRWWA, BMPO, Ammon Urban Renewal and Flood Control District. Councilmember Slack said we might want elected officials only on Boards, where we are committing City funds. It was discussed we don’t have anyone on the ambulance or cemetery district. Councilmember Bean said we need to appoint someone to EIRWWA and said he would like to be on this board and take him off BMPO. He stated you could also put someone on Urban Renewal, if needed, as well. Councilmember Bean motioned to accept Policy 10-006 Financial Board Designee and to put on the next agenda for the proper people to be assigned to the designated agencies. Councilmember Coletti seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, and Councilmember Kirkham – Yes. The motion passed. 5. Resolution 2010-010 – Financial Board Designee*: City Planner Ron Folsom stated this is the resolution for adopting the policy. Councilmember Bean motioned to adopt Resolution 2010-010 Financial Board Designee, upon changing to the proper heading of Financial Board Designee. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Kirkham – Yes. The motion passed. 6. IBSD Separation Letter (Lance)*: City Engineer Lance Bates showed the letter presented to IBSD showing separation lines. He is going to explore moving the line into the parking lot south of Sportsman’s Warehouse to avoid collision of lines. Councilmember Powell asked if the letter states anything about the smoke test. Lance said the smoke test is part of this, but just not covered directly. Councilmember Kirkham would like to insert into the letter an acknowledgement of the March deadline and that we are moving toward meeting this deadline. Council would like Lance to email it to the Council. Councilmember Kirkham motioned to approve the IBSD Separation Letter and authorize the Mayor to sign, contingent on the changes that were discussed and the approval by the Council via email. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Bean – Yes. The motion passed. Councilmember Kirkham asked Lance how soon we can submit this to DEQ. Lance said it’s an unknown, since there are possibly five owners with which to negotiate easements. He talked about the easements through different parking lots and the different owners. Councilmember Kirkham stated she feels this is time sensitive and would like to see it get done, as soon as possible. Lance thinks the easements would be cheaper, than tearing up the road. Councilmember Kirkham said if the line were not approved, we would not need those easements and suggested to mention that as he negotiates. Councilmember Bean asked Scott if IBSD can de-annex the section of its system in the vicinity of Ammon Well 5. Councilmember Kirkham said yes customers have a choice, but if they don’t choose to de-annex then they have to pay the cost of a new lift station. Councilmember Bean expressed concern about lower rates and wanting to choose providers. Councilmember Kirkham explained the rate won’t be lower, so you will have to put in the lift station and the City Council Minutes 6-17-10 Page 7 of 9 50 affected customers will pay for the lift station. Scott feels there might be litigation between IBSD and their patrons. Councilmember Kirkham feels IBSD fully understands this. Ron said when you de-annex, the final word is still with the Board. He explained it is usually spelled out in the statute. Scott talked about due process issues and it would be subject to challenge. DISCUSSION ITEMS: 1. Quail Ridge Storm Water Pond Development (Adam/Ken)*: Ken stated he brought Adam with him to give an update to Council and the arrangements they have made. Ken said he had previously figured $48,000 to get sprinklers, grass, etc. accomplished. Ken has talked to Kelly Landon and he agreed to do the excavating for us, which could save about $9,500 - $10,000 on that project. Adam will make sure we have at least 50 hours of volunteer service. The Bonneville work detail will work to set the sprinkler system, which could save $5,000. Ken talked to Kurt from Idaho Sod who will allow us to use his seed drill and supply the seed, which can cut $500-$600. So, the expense will be around $32,000. Ken will be attending association meetings to help reduce the cost of the park. Councilmember Kirkham suggested that Adam send out a letter ahead of the work detail, advising the neighborhood that they will be doing service for the park. Adam Serr, 2255 Quail Ridge Drive, Ammon asked the Council how much money was being appropriated for the park, like a bike path. Councilmember Kirkham said they were looking at $50,000 to seed the drainage area. Adam wanted to know if the reduction could be used for trees, as long as, they stay within budget. Councilmember Slack addressed the long-term plan for the park, which could possibly include excavating it for a soccer field and wondered about using half of the savings to fund improvements desired by the group. Adam talked about the people he has negotiated with on this project and the intent is to stretch the dollar further. Councilmember Kirkham talked about other areas and what the tradition of the past has been. Councilmember Slack stated we would not spend $50,000, it was just an estimate. Council is very appreciative of what Adam has done and we would like to match, as much as we can, of what you have done. It was discussed what the $50,000 estimate was going to cover and the time period to be done. Ken stated he has this budgeted for next year. Councilmember Bean asked Ken where he would like to spend his budget. Ken stated he will do whatever Council would like. Adam talked about Kelly Landon’s donation, etc and what they would like to see with their money. Councilmember Slack said this is Ken’s budget – he can do with it what he needs. Councilmember Bean said just because he has an additional $48,000 to spend, doesn’t mean he can spend it. Councilmember Kirkham said the people are saying maybe we can assist to get more bang for the money. Council gave Ken the right to try and work it out with Adam. Councilmember Slack said this isn’t budgeted, at this time. Councilmember Kirkham said the Council is committed to excavation, seeding, and a sprinkler system. Adam thanked the Council for the online system for sports – it’s brilliant. He thanked the Mayor for the newsletter. Adam asked about the postal service mailboxes. Ron said the City stated they cannot put posts in, but otherwise it is a postal service issue. Ron stated the Postal Service has something that specifically states what they require. 2. Parks and Recreation Budget Shortfall (Ken/Slack)*: Ken showed the Council his worksheet to redo his budget for the year. He had previous instructions on how to handle grants and apologizes for his error. Councilmember Bean said for the past several years we have been putting grant revenue on the one side. Jennifer said $100,000 grant revenue and $100,000 grant expense, but we should have been saying $50,000 revenue and $100,000 expenditure or $200,000 expenditure and $100,000 revenue. He has come up with $44,631 in savings, which is $5,369 shy. If you look at the pool, he can postpone the roof to the fall in the next budgetary cycle. For equipment repair and maintenance he has $5,431, so adding $5,369 of this to the $44,631 brings it up to $50,000 without touching revenues. He has just finished the Peterson Shelter and there will be a $14,000 in kind match and he will get half back as grant income. Jennifer said we have budgeted $100,000 for grant income. Jennifer said there will be $55,000 in grant revenues and Ken has made $50,000 cuts in expenses to balance the budget. Ken said in the grant area they will be slightly ahead. He will now be ahead on his budget. 3. Pool Fund Raising Activities (Ken/Slack): Ken would like to have an “After Dark in the Park” type of activity for fundraising for the pool. He would like to start introducing different fundraising events at the pool. There would be a message board at the swimming pool, we would have people register online and we can cancel if we do not have enough participation. Councilmember Kirkham likes the idea. City Council Minutes 6-17-10 Page 8 of 9 4. Valley Assisted Living Sprinkler System Extension (Kurt/Scott)*: Peter Christopherson, Holden/Kidwell/Hahn/Crapo Attorney’s Office, 1000 River Walk Drive, Suite 200, Idaho Falls stated he is here on behalf of Valley Assisted Living Center. Peter stated they are requesting a 120 day extension until they get the sprinkler system replaced, due to construction delays. Councilmember Bean asked when construction would begin. Peter stated they plan to start detailed design work in three weeks with Taylor Brothers, and then submittals will take another three weeks. They would like an August 1 start date with 60 days from there for completion. Kurt Velman, City Fire Marshal stated he had th no problem with the extension. Peter stated he would like a letter for the June 30 extension. Councilmember Kirkham asked Kurt to present them a letter. Councilmember Bean wants a time certain of November 1. City Attorney Scott Hall asked Kurt to put Kurt’s issues in the letter concerning fire line watches, as well. 5. Misc.: Lance said there are currently only two recorded easements for the EIRWWA– Leslie got one and the old railroad is the other. Councilmember Kirkham understands that Bill was out trying to get more and there were a couple where they were having communication problems. Leslie stated that Ron is going to the remaining two, which are Jay Johnson and Woodbury, for the easements. The plan now in front of the Council isn’t the plan that was seen last week. Back then it was going through the subdivision, not the backs of the other lots. It was determined that the BV Hackman property from York to Township is not recorded. It was discussed that segment 4 is not recorded, but segment 5 is. It was discussed that everything has been secured on Morano’s property. Ron stated Dave has said that the line will go down Wackerli Road. Lance just got this version of the plan today from Randy Johnson. Dana will call Forsgren and get it cleared up. Councilmember Slack said Ammon Days needs to be sure the Council’s presence is felt. If we don’t, it might look like Biolife Days. It was discussed to try to have as many from the City, as possible. Councilmember Slack stated he received a request about holidays and to have notification placed in the utilities of when the garbage would be picked up. Leslie stated it was already on the statements. Councilmember Bean asked about the agenda for the Mayor to report under Items from Mayor about what he is doing and who he is meeting with and let the Council know. Councilmember Bean asked about public comment not on the agenda and would like a time limit stated. The time of the Council meeting was discussed as well. Ron explained that P&Z starts at 7pm. Councilmember Bean talked about the discussion items and the time they take. th Mayor Fuhriman asked about the 4 of July parade and if there were any objections to him being in the parade. Council thinks it would be great and to be at the beginning of the parade in a separate car. Councilmember Kirkham said Mr. Godfrey called from Western Avenue about his and his father’s trash on Sunnyside that the City didn’t pick it up, since they were too close to each other. His father is in poor health and pulled it back in on his own. The City didn’t pick it up until Tuesday and they had called for it to be earlier. He would like us to come when we say we are going to come and they have spray painted the place where they set the garbage containers at four feet apart and they would like to see it picked up each time. Lance said he would take care of it. 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) Councilmember Kirkham motioned to adjourn to executive session pursuant to Idaho Code 67-2345 (1-c). Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember Bean – Yes. The motion passed. The meeting adjourned at 9:55 pm. _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk City Council Minutes 6-17-10 Page 9 of 9