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08122010CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, AUGUST 12, 2010 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, AUGUST 12, 2010 – 7:30 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:30 p.m. Pledge of Allegiance – Councilmember Slack Prayer – Councilmember Coletti MINUTES: June 17 and July 1, 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: None ACTION ITEMS: 1.Justeson Land Dispute – C. Bruce Ard Water Plat (Lance)* 2.Water Rate Discussion and Resolution Direction (Ron/Lance)* 3.Appoint EIRWWA Board Member 4.Appoint Ammon Urban Renewal Board Member (Bean) 5.Div 8, Block 10 Lot 15 Quail Ridge Estates - Hearing Schedule for Disposition of Lot (Ron/Scott) 6.Change Council Meeting Times from 7:30 p.m. to 7:00 p.m. (Council 7-29) DISCUSSION ITEMS: 1.Rate Reduction for EIRWWA and Water Project (Hendricks/Kirkham) from 5-20-10 meeting call Ted and see where it is at st 2.IBSD Meeting Confirmed - September 1 at 4:30 pm at the IBSD office (Leslie) 3.Misc. EXECUTIVE SESSION: 1.Personnel Evaluations - Idaho Code 67-2345 (1-b) (Jennifer)* 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 Councilmember Rex Thompson 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: None Council Minutes 8-12-10 Page 1 of 7 CALL TO ORDER: Mayor Steve Fuhriman opened the meeting at 7:30 p.m. at City Hall. Councilmember Slack led the Pledge of Allegiance and Councilmember Coletti offered a prayer. th MINUTES: June 17: Councilmember Kirkham motioned to accept the June 17 minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Thompson abstained due to absence, Councilmember Slack – Yes, and Councilmember Coletti – Yes. The motion passed. stst July 1: Councilmember Kirkham motioned to accept the July 1 minutes, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, Councilmember Coletti – Yes, and Councilmember Powell abstained due to absence. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday August 12, 2010 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: st A.Rogers, Candace – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street st B.Ross, Vanessa - Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street th C.Family Treatment Center – Mental Health Clinic – 3040 E. 17 Street, Suite 1 2.RENEWALBUSINESS LICENSE APPLICATION: th A.Kids Dental – Dental – 3299 E. 17 Street th B.Valley Assisted Living Center – Assisted Living – 2705 E. 17 Street th C.Erickson Law Office – Law Firm – 3456 E. 17 Street, Suite #280 D.Technology Associates (Verizon Wireless) – Cell Tower & Antenna -2483 Eagle Dr. th E.Robert K. Beck & Associates P.C. – Attorney – 3456 E. 17 Street, Suite 215 HOME OCCUPATION PERMITS: 1.RENEWAL HOME OCCUPATION PERMITS: A.Imprints Unlimited – Printing – 5635 Thunder Drive LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Horrocks, Amanda – Bartender/Firehouse Grill – 2891 S. 25 E. MASSAGE WITH GENERAL BUSINESS LICENSE: 1.RENEWAL MASSAGE WITH GENERAL BUSINESS LICENSE: th A.Cook, Steven E. – Massage Therapist/Massage Envy – 3047 S. 25 E. th B.Ricken, Erin Anne - Massage Therapist/Massage Envy – 3047 S. 25 E. Business License*: Councilmember Kirkham motioned to accept the business licenses, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes and Councilmember Powell – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Powell asked about the IBSD bypass line. Lance said it was for the canal/ditch crossing. Councilmember Kirkham commented about the increase for dispatch. Dispatch was $88,000 this year and it will be $98,000 for next year under the sheriff’s contract. Ammon’s call volume is up. The calls in the County are down, but they are up in Ammon since they are keeping better track of the calls. The County may look at renegotiating the formula to be fairer. Council Minutes 8-12-10 Page 2 of 7 Councilmember Bean motioned to accept the Accounts Payable, as presented. 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. ITEMS FOR/FROM TREASURER: City Treasurer Jennifer Belfield gave the Council a report on Ammon Days. Councilmember Kirkham asked about attendance. Jennifer said the food ordered was the same as the prior year and the quantities were fine except for dinner, where they ran out of the food. Councilmember Kirkham said that would indicate that the count was up. Jennifer asked the Council for adjustments to the budget. She stated she had to get the financials published last Tuesday. She asked to address a few items, before we fully adopt the budget. Councilmember Bean asked Jennifer to fix the dispatch amount. Council discussed the law enforcement contract is $1,000,595.00 for the law enforcement, without the DARE program or dispatch. She advised the budget for next year will be on the next agenda for approval. Council thanked Jennifer and her husband for their help at Ammon Days. Councilmember Bean asked Leslie to talk to Amanda from TRPTA to have her come explain their services for about 15 minutes or so. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Phil Deaton, 2040 Eagle Drive stated th that his wife was involved at an accident from a northbound vehicle going straight on Falcon Drive as it crossed 17 Street a couple of weeks ago. He believes this accident would not have happened, if the Council had kept their promise to block off Falcon. He stated there were previous Council discussions of an exit only from Falcon and asked Council to make Falcon a one-way street. He stated there is a lot of speeding on Eagle. Councilmember Bean asked if there was a particular time of day where speeding occurs on Eagle. Phil said he feels the morning when people are on their way to work, but is not sure after this. Councilmember Kirkham said the sheriff’s office has increased the patrol and she will call them again. Councilmember Bean will call Sam Hulse and pull the accident th reports for Falcon and 17 and talk with Kevin. Councilmember Kirkham said blocking off Falcon had more people against it, than in favor. Leslie said she was part of that discussion and one of the best solutions was no left or straight traffic with right turn only in and out. Councilmember Kirkham commented if we put signage up it will need to be enforced by the law. Phil commented on the water issue. He understands the voters accrued the debt, but feels it is inequitable for the hotel to pay the same amount as a home up the hill. Council assured him the hotel pays considerably more, than a home up the hill. The figures are all based on today’s environment (hookups) without projecting new growth. Councilmember Slack said the fees for new hookups replace the cost of providing new capacity; they do not pay towards existing capacity. Councilmember Kirkham said new connections will still pay onto the monthly debt. He would like to see the extra go toward debt. PUBLIC HEARINGS: None ACTION ITEMS: 1. Justeson Land Dispute – C. Bruce Ard Water Plat (Lance)*: Lance stated that Mrs. Justeson asked for clarification on the land dispute. He felt that some of the Council have looked at the land and she is here this evening to get some clarification. Councilmember Kirkham asked Lance if he was concerned, that at some time in the future, the City will need the land. Lance stated this is correct. He is not sure it will be used in the future, but stated if it goes away it will never come back. Scott said it would have to be declared as surplus property and sold at appraisal amount. Councilmember Bean asked Lance what the maximum width would be that would be given it up. Lance is unsure, but feels approx. 20 feet. The depth of the property without that would be 263 feet, instead of 283 feet (with the strip). Councilmember Kirkham asked for a temporary easement to give them time to figure out what they need to do. Mrs. Justeson stated she bought it 14 years ago from Jay Johnson. They paid David Benton in good faith to have it surveyed right. She stated the survey stakes are still there. It is not her fault, Jay Johnson’s fault, or David Benton’s fault; but Idaho Land and Title left out one whole line of the legal description. When Jay Johnson traded the land to the City of Ammon, it affected her back driveway. Verda Justeson, 4210 E. Sunnyside addressed the Council. Councilmember Bean asked if she had a purchase and sell agreement with the legal description, when she purchased it from Jay Johnson. Mrs. Justeson said she gave the City the legal description the last time she was in the office. Councilmember Bean said she has a case against the title company. Council stated she would have purchased title insurance and that will cover it. He feels Council Minutes 8-12-10 Page 3 of 7 her claim is with the title company. She stated it has been surveyed a half dozen times and the survey done this March was the first she knew there was an issue. Mountain River told her that the City of Ammon was going to be putting up a fence. The place where the fence is slated to go is so close to one of their buildings that their truck will not clear this area. Councilmember Kirkham said there is no plan for a fence today. She stated the problem with the correct location of the property line goes all the way down Sunnyside Road and beyond. It was discussed that the legal description states what it is now. Councilmember Bean said if the legal description is what it is now, then the title company will not be at fault. Scott said your claim would be against the title company, Jay Johnson or David Benton. It was discussed that it probably is against Jay Johnson, who will then go against Dave Benton. She should go to the County and see if it was recorded. Councilmember Coletti advised her to seek her own legal counsel. Council said they would be willing to look at a temporary easement. Scott suggested she go the assessor’s office and ask for the plat division and ask for Todd Simmons. Lance said he doesn’t know that a temporary easement is needed, at this time. Scott agreed. Council advised for her own protection that she leave the stakes in, until the issue is settled. Councilmember Kirkham motioned to table the Justeson land dispute, until there is a need for action. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Powell – Yes. The motion passed. 2. Water Rate Discussion and Resolution Direction (Ron/Lance)* : Councilmember Kirkham presented the options that were discussed Monday for the Council’s final decision. Councilmember Thompson still wants $5 and feels our reserves can handle it. Councilmember Powell asked Ron if the proposed rates exceed the published rates. It was discussed they will not exceed the published rates. Lance said we will be dipping into the reserves in the amount of $1.3 million next year with the $10 increase, because of O&M, meters, etc. Councilmember Kirkham still supports meters and feels it is appropriate, in order to receive true data. Lance is figuring approx. 1000 meters for the $400,000. He stated there will be places that will cost more than others to get the meters installed. Council asked Lance to stay with the cheaper installations. It was discussed the meters that are currently installed will be compatible with the tower. Councilmember Kirkham asked if the Council was still okay, with a $1.98 metered rate for commercial. Council agreed. Councilmember Bean asked how it will be phased in for the restrictive rent complexes. Councilmember Kirkham said there are two complexes. Councilmember Bean will check on this. Councilmember Kirkham will also talk to the other lady, in regards to the federal subsidies for these complexes. Lance said he used the rates for his next year’s budget. Leslie said he will still be short on O&M next year, but would have enough to cover the bond payment. Jill Miller, 398 Advantage Lane, asked how long the rate will last. Councilmember Kirkham said from October 1 to September 30, which would be a full year at this rate. She had given some comments to Councilmember Coletti. Councilmember Coletti reported he wanted more factors considered in putting rates together. He explained the Council spent 5 hours to come up with this decision. Councilmember Coletti said this is a short term fix and the Council is trying to get firm data for numbers. She asked about seniors on fixed incomes, if maybe the City had an application for a reduced rate. Councilmember Powell said the reason that this wasn’t fair is, because there were mother’s who were struggling and how do you give a break to one individual and say but not you. Jill commented she was thinking on the lines of reduced or free lunches. Councilmember Bean said the City doesn’t have a fund for this and asked who will pick up the shortfall on the other side. There will be people who will say that’s not equitable, either. To do this would be unfair to many other individuals. She asked about funds from the federal government and if it has been considered. Councilmember Bean said it has not, but you have to be careful with the grants and their terms. When cities get grants, the grants end, the municipal agencies can’t afford the service that the grant was funding and the service has to end. Councilmember Slack said there is complexity to this issue and the City would have to hire another employee to handle it, which would cost more. He asked her to research it and brings it to his attention. Councilmember Coletti said there are other agencies that can provide this, but the City can’t. Jill stated she was in the City a couple of weeks ago and was behind someone that asked about the rate and they were told it was forever. She would like to see it go down or at least look at other options. Councilmember Kirkham advised her that the Council is looking at decreasing the interest rate with DEQ. Councilmember Kirkham said this rate is for bond repayment only. Councilmember Bean commented that if this was the end of the bond payment, Council would have definitely used the reserves to reduce the rate. Councilmember Kirkham stated they went through the budgets and went to barebones. Jill asked if appraisal data could be used for determination of rates. Council stated that did not come up. Councilmember Kirkham stated it is strictly bond repayment, not usage. Councilmember Bean said with the data the City will be gathering we will be able to look at the different size lots with more information. She wonders if equally dividing the bond payment is the right way. The people using more water use more from the wells, so they should pay more. Councilmember Council Minutes 8-12-10 Page 4 of 7 Kirkham said until we have hard numbers to back it up, this is the fairest way. Councilmember Powell said there is homes on the hill through the summer that use more, but outside of summer they use less. Councilmember Slack said her method is too subjective and we have to wait for the data. Councilmember Coletti said the larger lots do pay much more into O&M costs. Scott said if the constituents watch the struggle, effort, time and energy spent by the Council to reach the decisions that have been made, they would be extremely impressed. Decisions are not made lightly. Scott stated as a citizen himself, he would feel badly if the residents feel the decisions are made off the cuff. He would like citizens to realize the man-hours put in and the genuine concern for the citizens. Councilmember Bean asked if we could let the constituents choose to go metered, if they prefer. Councilmember Bean asked if they request it, can we do it. Once they go on, they cannot come off. Scott said you need to wait for the data for the cost per 1000 gallons. He stated we may be able to do so down the road. Councilmember Bean thinks we should be able to figure that cost. Tom Hunsaker, 2925 Carolyn said most people asking for meters believe they use less than the average amount of water, so if we do install meters for everyone who requests one, these people should be excluded or otherwise handled differently when determining the statistics. He pointed out the typo error on the first year for commercial under 5000 that showed $32.25, which should be $35.25. Phil Deaton, 2040 Eagle Drive asked to get updates through the newspaper. Council stated that was a good idea. Jill Miller, 390 Advantage Lane said she works on a non-profit board also and realizes the Council puts in a lot of effort. Councilmember Kirkham motioned to direct Ron to draft a resolution with the corrected numbers of $32.25 to $35.25 for commercial under 5000 sq. ft., effective October 1, 2010 and to exclude the restricted rent, until we get further information. Scott said it needs to be implemented for them as well, as quickly as you can as allowed by law. Councilmember Kirkham amended her motion to add Scott’s suggestion. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – No (he feels taking longer to reach parity and using reserves is more appropriate). The motion passed. 3. Appoint EIRWWA Board Member : Councilmember Kirkham stated she has talked with Mayor Ard and thanked him for his service on the board. He understands the need for an elected official to sit on the board. Councilmember Kirkham motioned Councilmember Bean be appointed as the EIRWWA Board Member. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Abstained - because he was the nominee. The motion passed. 4. Appoint Ammon Urban Renewal Board Member (Bean): Councilmember Kirkham said it is imperative for Councilmember Bean to attend the EIRWWA and asked if this will interfere with this appointment. Councilmember Bean stated it is not a problem, but the TRPTA Board is. It was discussed he is on BMPO. It was discussed to put the appointment of BMPO on the next agenda. Councilmember Powell feels that we should have a broader mix of members on the boards. Councilmember Kirkham said Councilmember Bean was there when the Urban Renewal was created. Councilmember Bean stated he just realized it is Mayor Ard that is on the board as well, so that is why it is on the agenda. It was discussed there are also two Ammon members of the public on that board. Councilmember Powell motioned to relieve Councilmember Bean from the board and appoint Councilmember Thompson. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Thompson – Abstained – because he was the nominee, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motioned passed. Councilmember Thompson stated he cannot reschedule his patients with the short amount of notice that the board gives. The motion was amended. Councilmember Kirkham will speak with Mayor Ard for the change of appointment. After clarifying Ammon Urban Renewal Board meeting times, Councilmember Kirkham amended the motion and appointed Councilmember Coletti. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, Councilmember Slack – Yes, and Councilmember Coletti – Abstained – because he was the nominee. Council Minutes 8-12-10 Page 5 of 7 Councilmember Bean asked Leslie to contact Judy Coy to let her know Councilmember Coletti will be replacing him. 5. Div 8, Block 10 Lot 15 Quail Ridge Estates - Hearing Schedule for Disposition of Lot (Ron/Scott): Councilmember Kirkham motioned to table Div. 8, Block 10, Lot 15 Quail Ridge Estates to executive session. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Bean – Yes, and Councilmember Coletti – Yes. The motion passed. 6. Change Council Meeting Times from 7:30 p.m. to 7:00 p.m. (Council 7-29) : Councilmember Kirkham motioned to change council meeting times from 7:30 p.m. to 7:00 p.m. starting September 2nd and post the change in the newsletter. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. DISCUSSION ITEMS: 1. Rate Reduction for EIRWWA and Water Project (Hendricks/Kirkham): Leslie stated Councilmember Kirkham asked to have this on the agenda from the Council meeting of 5-20-10. Councilmember th Kirkham updated the Council that she is scheduled to meet Oct. 8, Friday in Boise to discuss renegotiating the water and sewer interest rates. Mayor Fuhriman and Councilmember Powell will be there with Councilmember Kirkham. st 2. IBSD Meeting Confirmed - September 1 at 4:30 pm at the IBSD office (Leslie): Leslie advised the Council it will be held at the new office by Falls Water. Councilmember Bean asked if Lance will be there. Lance said yes. Councilmember Bean said he heard that splitting the flows has been brought up again. Scott said this is part of the settlement of a lawsuit and should be done in executive session back at the City, because you will either be compliant with or amending a previous agreement. Lance said they are still waiting for easements from the school district across Hillcrest High School. The design is approx. 75% done. The School Board will meet sometime in September. DEQ has a draft that shows a 30 inch line, which would make the flows through both the IBSD line and our line to be at less than cleaning velocity. Lance is awaiting comments from DEQ. One of the most likely the scenarios will be that they will ask the entities to write a letter that they understand the issue and at a minimum of one time per year will flush those lines. This would entail pumping clean water from hydrants to go into the manholes. This is a 30 inch line. Councilmember Bean said that will cost both parties a lot of money. Lance said Forsgren has a probable cost of $2.3 - $2.4 million for the construction, plus the engineering that would be on top of this. Councilmember Kirkham asked why Forsgren is doing this. Lance said because in mitigation, you agreed for them to do it. Councilmember Kirkham asked how the lift station has been on Ross. Lance stated there have not been as many complaints as in previous years. Councilmember Bean said if we take IBSD’s customers back, then we will take over that lift station again. Lance stated in one scenario, we would possibly take over two lift stations. 3. Misc: Councilmember Slack said Rob Chiles from the Chamber of Commerce wanted to say that Ammon Days is one of the best city events in the State. Councilmember Powell asked about the irrigation bill for Quail Ridge and he has advised them to hold off on paying the bill. Councilmember Kirkham said they have used the water. Their argument was that we didn’t give them notice. Councilmember Bean said let them pay the water over a six month period of time. Leslie advised Councilmember Powell that they will need to come in and sign a contract agreement. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) (Jennifer)* 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) Councilmember Bean motioned to move into executive session pursuant to Idaho Code 1b, 1c, and 1f. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Council Minutes 8-12-10 Page 6 of 7 Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. The meeting adjourned at 9:21 p.m. _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 8-12-10 Page 7 of 7