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09162010CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 16, 2010 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, SEPTEMBER 16, 2010 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Powell Prayer – Councilmember Coletti MINUTES: August 19, 2010* ITEMS FROM MAYOR: CONSENT AGENDA: Business License* Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: Schedule of Sale of Quail Ridge Estates, Division 8, Block 10, Lot 15 Real Property (Ron/Scott)* ACTION ITEMS: 1.Action on Public Hearing - Sale of Quail Ridge Estates 2.Quail Ridge, Founders, and Hawks Landing Landscape Billing (Powell/Kirkham)* 3.Approve Peterson Park Playground (Ken)* 4.Change Order 4 – Quantity Adjustment Segment A – EIRWWA (Lance)* 5.Approve Sheriff’s Contract (Kirkham/Bean)* 6.Dist 93 Request Princess/Forest Glen 3 Way Stop (Guy/Lance)* 7.Appoint Ammon Urban Renewal Board Member (Kirkham)* 8.DARE Contract Letter from School Dist and Constituent (Coletti)* DISCUSSION ITEMS: 1.Justesen Land Dispute – C. Bruce Ard Water Plat (Verda) 2.Authorization to Run Accounts Payable on Sept 30, 2010 (Leslie/Jennifer) 3.Possible Cancel Council Meeting of Oct 7 and Reschedule New Date (Leslie)* 4.Senior Citizen Active Living Park Support Letter (Ken/Leslie)* 5.EIRWWA Statement Update (Leslie)* 6.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 Rex Thompson Councilmember Sean Coletti Councilmember Brian Powell City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates City Planner Ron Folsom Council Minutes 9-16-10 Page 1 of 7 City Officials Absent: Councilmember Lee Bean Councilmember Russell Slack City Treasurer Jennifer Belfield CALL TO ORDER: Mayor Steven Fuhriman opened the meeting at 7:00 p.m. at the City Hall building located at 2135 South Ammon Road. Councilmember Powell led the Pledge of Allegiance. Councilmember Coletti led the prayer. MINUTES: August 19, 2010*: Councilmember Kirkham motioned to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. ITEMS FROM MAYOR: Mayor Fuhriman asked the Council if it was ok for the firefighters to do the boot campaign for Muscular Dystrophy. Council concurred it would be great. CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday September 16, 2010 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Tony Ventures, LLC – Online Sales – 4400 E. 17 Street th B.Aaron J. Tolson Law Offices, PLLC – Attorney – 2677 E. 17 Street Suite 300 th C.Vinyl Destination – Vinyl Sticker Sign Shop – 2667 E. 14 N. Unit 1 th D.Halloween City – Retail Sales – 1951 S. 25 E. 2.RENEWALBUSINESS LICENSE APPLICATION: th A.Nexant, Inc. – Energy & Carbon Management – 3456 E. 17 Street th B.Golden States Towers, LLC – 4381 S. 25 E. – Cell Tower & Antenna Levels C.Teton Vision Center, PLLC – Optometry – 1340 S Ammon Rd. th D.Randall Orthodontics, P.A. – Orthodontics – 3285 E. 17 Street th E.Salon Monroe – Salon – 3318 E. 17 Street th F.Dance Tech – Dance Instruction – 2633 E. 14 N. th G.Ojeda, Yazmin – Daycare Employee/Snake River Montessori – 2970 E. 17 Street th H.Eastern Idaho Wireless – Retail Sales – 939 S. 25 E. Suite 104 I.Family Care Center, Inc. – Mental Care Facility – 1675 Curlew Drive J.KVO, Inc. – Construction – 3968 E. Sunnyside Rd. #6 HOME OCCUPATION PERMITS: 1.RENEWAL HOME OCCUPATION PERMITS: A.A & B Productions – Entertainment – 1366 Ross B.Eric’s Auto Repair/Eric Buttars – Minor Auto Repair – 800 Tennis Court Business License*: Councilmember Coletti motioned to approve the Business License Consent Agenda, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. Accounts Payable – Exhibit A: Councilmember Powell asked if the $79,000 was for chip seal. th Lance said it was for Sunnyside, Heather, Maiben, and Sabin, but they haven’t received the invoice for 17 Street. Councilmember Kirkham asked if the $130,000 for Forsgren was for engineering. Lance said some are from previous ones that have been submitted and gone through the process. The $32,000 is for the separation from IBSD. Lance we are still waiting to know what the School Board will do with the easement, before it can be finished. Councilmember Powell said the flow charges from Idaho Falls keeps increasing each month. Lance said the City Council Minutes 9-16-10 Page 2 of 7 has had more flows. Leslie asked if we had a leak from the canals, like had previously occurred. Lance is unsure. Council asked Lance to watch over this. Councilmember Kirkham motioned to approve the Accounts Payable Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) None PUBLIC HEARINGS: Schedule of Sale of Quail Ridge Estates, Division 8, Block 10, Lot 15 Real Property (Ron/Scott)*: Mayor Fuhriman read the instructions to the public for the public hearing. There was no one present that wanted to speak. Mayor Fuhriman closed the public hearing. ACTION ITEMS: 1. Action on Public Hearing - Sale of Quail Ridge Estates: Councilmember Kirkham said there have been several discussions in the Council meetings over the past few months concerning this item and feels the Council is clear on this. Councilmember Powell motioned to set the minimum bid at $59,000 for Quail Ridge Estates, Division 8, Block 10, Lot 15 at 1719 South Sage Hen Court, also known as Parcel RPB4756009010O. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. th Motion on October 7 to correct parcel number. Councilmember Kirkham motioned to correct the Sale of Quail Ridge Estates Parcel Number from RPB4756009010O to RPB4757010015O. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes and Councilmember Slack – Yes. The motion passed. 2. Quail Ridge, Founders, and Hawks Landing Landscape Billing (Powell/Kirkham)*: Councilmember Powell said it all goes back to fairness regarding not having given notice. Leslie stated that their monthly rates are $12.50, per month, per line. She also made the Council aware that Ammon Town Center Properties would also need to be included, since they are in the same rate structure. Council agreed it would apply to all and to pay the credits back. Brad Christensen, 3600 Founders Point Drive just clarified the adjustments that had just been stated and the current rates in the rules. Council discussed using the RPA as the base rate x 10 for this season. This will be from when the meters started being read. Councilmember Thompson said Founders Point used 408,000 gallons in August and we charged them 625.00, which is 65 cents per 1,000 gallons. This is less than it costs the City. Council said the issue is the warning not given and the homeowner’s dues had been budgeted for $12.50. The homeowners association has made the changes to control their usage. Councilmember Kirkham said this will give you time to reset your homeowner’s rates. Councilmember Powell motioned to change the rates for Founders Pointe Homeowners, Quail Ridge Homeowners, Ammon Town Center and Hawks Development rate to be the base rate of RPA times 10 for the months of May, June, July, August, and September 2010, going forward next year the meters will be read and charged according to the published rates and the bills that have already paid will be reimbursed back for the difference between the special rate and what has been paid. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. 3. Approve Peterson Park Playground (Ken)*: Ken Knoch, Parks Director presented the results of the three sealed bids for the construction of the playground. The bids were from Bryan Landon Construction Inc., Loveland Company and L.N. Johnson Paving Company. Ken recommended Bryan Landon do the job. His bid was $13,915.40, Loveland was $15,419.25 and L.N. Johnson Paving’s bid was $18,525. Council asked for a description Council Minutes 9-16-10 Page 3 of 7 of the scope of the work. Ken said this will expand the playground with ADA equipment, sidewalk, and a mini shelter to finish up the project. Councilmember Kirkham motioned to award the bid to Bryan Landon Construction Inc. for the amount of $13.915.40 payable out of the 2011 fiscal year. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Mayor and Council told Ken good job on what he has done so far on Peterson Park. 4. Change Order 4 – Quantity Adjustment Segment A – EIRWWA (Lance)*: Lance said this is a reduction in the contract. The contract had estimated quantities and as the installation was done there was one area that required fewer pipes, which resulted in a deduction of $21,206. Councilmember Powell motioned to accept Change Order 4 Quantity Adjustment Segment A for EIRWWA and authorize the Mayor to sign. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. 5. Approve Sheriff’s Contract (Kirkham/Bean)*: Councilmember Kirkham recommended covering Item 8 before covering Item 5. The Council agreed, covered Item 8, then came back to Item 5. Councilmember Powell said he feels this is the first year we have gotten the value for the money. Councilmember Kirkham said it is largely due to Kevin Casper. Leslie advised the Council that he comes in at least once a month to check and see if there are any issues that need to be addressed. Councilmember Kirkham motioned to approve the Sheriff’s Contract eliminating the DARE officer, but adding dispatch for a total of $1,070,317. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. 6. Dist 93 Request Princess/Forest Glen 3 Way Stop (Guy/Lance)*: Guy Blisner, 2785 Glenda Circle, Health, Safety and Security Advisor for School District 93 asked the Council for their shirt sizes and invited them to join the District for the International Walk to School Days. Guy reported on the traffic issues at Mountain Valley. He is pleasantly surprised with how well it is working and the only traffic congestion seems to be is in a 15 minute period at the end of the school day. Some patrons have asked him to look at an issue at the intersection of Princess and Forest Glen. He asked the Council to look at the possibility of a three way stop. He said the radius where southbound Eagle Ponte Drive turns to become eastbound Forest Glen Drive, with the curved portion ending and the straight portion of Forest Glen Drive in the intersection itself is the area of concern, but it is outside of engineering warrants. Lance said this area is a swailed area. He feels a three way stop will only create a Bonneville County Sheriff’s enforcement nightmare. Lance suggested an advanced school warning sign and a crosswalk would help eliminate the issue. The neighborhood is looking at raising money to add a leg to the sidewalk for pedestrians to use to get across the swail to the street at the intersection of Morning Mist Drive and Eagle Pointe Drive. He doesn’t feel the three way stop signs work from an engineering point of view. Councilmember Kirkham said she is concerned with putting in a crosswalk where there is no stop sign. Lance said this is just being discussed. Councilmember Kirkham asked if the kids are using the walking school bus, Guy said the majority do. Lance said the people who are traveling on this road live on this road and they are the ones that are speeding. Chuck Hicks, 1934 Eagle Pointe Drive said his biggest concern is that there is nothing that says there is a school in this area. He said he counted 144 cars, 81 bikes and 76 pedestrians traveling down this road all southbound. Councilmember Thompson asked what the time frame was. Chuck said 7:50 a.m. to 8:30 a.m., with the heaviest concentration between 8:05 and 8:10 a.m. He feels that 95% of the traffic was going to the school. Councilmember Kirkham asked how well the intersection was being navigated. Chuck feels with the walking school bus, there will be someone there during this time period. He agrees with Lance that the stop signs might create more congestion. Chuck favored the school signs first. Lance wanted to be clear where the signs should be, so he waited for school to start. He feels he now has a good idea and he can have them up within a week. He is looking at three signs, which include one on Wanda, one to the east of this intersection and one to the north. Chuck would like it to say “School Ahead”. Lance recommends just adding the signs, at this time. Council Minutes 9-16-10 Page 4 of 7 Kevin Casper, Bonneville County Sheriff’s office said three way stops are very difficult to enforce. They do try to follow traffic safety guidelines with accident ratios and history. He has fielded four calls and they were in the Eagles Homestead subdivision, not near the school. He would support Lance’s suggestions. This area is a unique circumstance. Lance is trying to stay with the guidelines to avoid creating other issues. Kevin said three way stops create confusion, since people are used to four way stops. Chuck asked how long ago the four reports were made. Kevin said within the first few days of school. Guy said the children west of the railroad tracks are being offered safety busing, but a group are choosing not to use the transportation. Scott asked Kevin to put the speed trailer in the neighborhood for a while and to issue tickets. Kevin said he would. Council asked Lance to get the trailer there, to install the signage and asked Kevin for enforcement. Guy said this is a good first step. Guy said he will notify all the neighbors that there are children in the area walking to school. Councilmember Kirkham motioned to increase enforcement in the Princess Area, for the radar trailer th, to be placed on Eagle Pointe Drive, for signs to be up by no later Sept. 24 and to revisit this issue at the first Council meeting in November to see how effective the steps have been. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Councilmember Kirkham asked Kevin to bring a report of how many citations were issued in this area. 7. Appoint Ammon Urban Renewal Board Member (Kirkham)*: Councilmember Kirkham said she has now talked with Former Mayor Bruce Ard and he would like to stay on and see it through. She asked Councilmember Coletti if they could appoint Mayor Fuhriman in his place, to be on the board with Mayor Bruce Ard. Councilmember Coletti said that would be ok. Councilmember Kirkham motioned to remove Councilmember Coletti and appoint Mayor Steve Fuhriman to the Ammon Urban Renewal Board and retain former Mayor Bruce Ard. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 8. DARE Contract Letter from School Dist and Constituent (Coletti)*: Councilmember Coletti stated he had received e-mails from a few constituents who attended a PTO meeting and were informed that the School District would be eliminating Ammon schools from the DARE program, unless Ammon decides to put the funding back in. Councilmember Coletti showed the Council the letter that was passed around at the PTO and circulated among the school board. Guy Blisner, 2785 Glenda Circle, Health, Safety and Security Coordinator for Bonneville School District 93 said given the current funding issues this is a consideration that Susan has made. He is also aware that the school board has not yet acted on this. Councilmember Powell said there are entities people involved with funding the DARE program: the Sheriff’s Office, the School District and the City. He would like to know who else has contributed to the DARE program. Guy is unsure. Councilmember Kirkham said she would find it interesting that the board would agree that only a portion of District 93 Schools would receive this program as a result of one City in the District making the determination they could no longer afford to provide funding, which was a very small portion of the funding for the program as a whole. Councilmember Powell said when you look at Ucon and Iona, did they put money towards DARE? Falls Valley contains mostly kids from Idaho Falls. Bridgewater has kids from the County and the City, as does Rimrock and several others. Councilmember Powell wants to know why Ammon is getting penalized. Councilmember Kirkham said the largest contributor for DARE is from Dr. Slaughters House of Horrors. The Sheriff’s office contributes to DARE, the School District provides “in kind” materials and Ammon has paid for a portion of the DARE officers. She feels the City could make a public records request to find who is contributing to DARE, but feels we will find no-one else is contributing. Councilmember Coletti said our amount was going to be $37,000 and the City made the decision that it was not a City responsibility, but ultimately it was a budgetary decision. Councilmember Kirkham said all of the City Councilmembers’ children have gone through DARE, but the City is raising rates and constituents are saying please cut every avenue available to cut. Council requested Leslie to make a public records request from Iona, Ucon, Idaho Falls and Bonneville County for their contributions for the last 3 – 4 years. Councilmember Powell stated the letter said that the Ammon schools, or schools where the majority of the students live in Ammon would not be having DARE and he feels this isn’t right. Councilmember Kirkham said every one of the schools in Ammon also draws students from the County. Councilmember Thompson said City citizens pay the same amount of taxes to the County that people outside the Council Minutes 9-16-10 Page 5 of 7 City pay, so why is the City of Ammon being asked to pay even more? Councilmember Kirkham asked Councilmember Coletti to respond to the constituents. Councilmember Kirkham tabled Item 8 the DARE Contract Letters concerning District 93 and its constituents. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. DISCUSSION ITEMS: 1. Justesen Land Dispute – C. Bruce Ard Water Plat (Verda): Leslie advised that Verda called and she would not be attending the meeting tonight. Lance said Bill Manwill had been asked by Verda to look into this and Bill said he would try to get her to take herself off the agenda. 2. Authorization to Run Accounts Payable on Sept 30, 2010 (Leslie/Jennifer): Leslie asked the Council for permission to run an extra accounts payable to end the fiscal year on Sept. 30. The checks will be cut, but they won’t be issued until the Council approves the accounts payable at the first meeting thereafter. Council oked this action. 3. Possible Cancel Council Meeting of Oct 7 and Reschedule New Date (Leslie)*: Those members of the Council who cannot physically be in the City Hall building that night stated they can call in, if needed, so the meeting can proceed as scheduled. 4. Senior Citizen Active Living Park Support Letter (Ken/Leslie)*: Council asked Ken why the office didn’t print the brochure and why he had it printed outside. Ken stated he did not know the office had this capability, and Leslie stated the office did not know about it, until it was already done. Ken said the senior citizen active living park will be located in the unlandscaped southwestern portion of McCowin Park, immediately north of the water tank. It is approx. .88 of an acre. Council thinks it is a good idea and will sign the letter of support. 5. EIRWWA Statement Update (Leslie)*: Councilmember Kirkham said she is still waiting to hear from Husk on their expenses. Leslie stated that Councilmember Bean requested that she get permission from the Council to send the letter concerning the individual City audits. The latest statement included a bill from the City of Shelley for their grant audit and the City of Ammon also had a grant audit done and Councilmember Bean wonders if the two would counteract each other. Councilmember Kirkham said she needs to discuss this in executive session. Leslie gave Councilmember Kirkham the letter that Councilmember Bean wanted signed. 6. Misc: Lance said the bridge at Woodland Hills has mostly been completed, but not all of it has been completed. The sidewalk and railings have not been installed. There is an application for a building permit for Woodland Hills #6, but most of the roads in Woodland Hills have not been paved. The City has never had an approved improvement drawing, so all the current roads and fire hydrants were put in without approval from the City. This occurred shortly before Lance came on with the City. Ron said the requirements for improvements to be completed prior to the issuance of building permits is in the subdivision ordinance. Lance has looked at some of the improvements. They have paved 30% with the rest weeds. Ron said our ordinance says they don’t get a building permit, until the roads are done. Lance said concerning the 30% that is already in, that most of the safety and health issues will be ok. Ron said the bridge is the issue. Ron and Lance wanted the Council to know that they won’t be allowing them to apply for the building permit. Scott said the development agreement didn’t have today’s language, but he asked Ron if the ordinance was in place at the time it was approved. Ron said the ordinance was adopted in Nov. 2006 and the plat was recorded in May 2007. Scott said the City is fine. Scott said the Foothills Property flood plain issue has been resolved and we now have a check for $29,342.78, which will go into the 2010 fiscal year budget. Scott said his firm has submitted the legal fees. Councilmember Powell asked Ken when the improvements can be started on at the Quail Ridge drainage area. Ken said they will start the first week of October with excavating and putting in some sprinklers and will finish in the spring with seeding and trees. Councilmember Powell asked if the homeowners are contributing. Council Minutes 9-16-10 Page 6 of 7 Ken said they are talking about it. He has reminded them that it is a retention basin and any amenities will be funded with grants. Also, if any facilities are installed that attract people to the park, then the City would have to start charging for those facilities. The homeowners are currently against such facilities. Leslie reminded the Council about the Fire Department’s celebration next week. She asked about the six hour training for Emergency Management and asked if any of the Council was going to attend. It is on December th 14. No-one from the Council was able to attend. 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 go into executive session pursuant to Idaho Code 67-2345 (1- b). Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. The meeting adjourned at 8:36 p.m. _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 9-16-10 Page 7 of 7