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10072010CouncilMinutes CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, OCTOBER 7, 2010 – 7:00 P.M. AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, OCTOBER 7, 2010 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Bean Prayer – Councilmember Slack MINUTES: July 29, August 9, August 12, Sept 1, Sept. 2, and Sept. 9* Sept. 16, 2010*: Motion to Correct Action Item 1 - Sale of Quail Ridge Estates Parcel Number from RPB4756009010O to RPB4757010015O. ITEMS FROM MAYOR: CONSENT AGENDA: Business License* Accounts Payable – Exhibit A – September 17 to September 30 Accounts Payable – Exhibit B – October 1 to October 7 ITEMS FOR/FROM TREASURER: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.Garbage Accounting Separate for Commercial/Residential (Ray) 2.Rockwell Development Appeal of Staff’s Denial of Building Permit in Woodland Hills, Division #6 (Based on Bonding Ordinance) (Greg)* 3.Change Order 1 SCADA Building (Lance)* 4.Change Order 2 SCADA Building (Lance)* DISCUSSION ITEMS: 1.AIC Conference - Road Right-of-Way Charge from Proprietary to Streets (Jennifer/Leslie) 2.DARE Contributions (Leslie) 3.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: Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Rex Thompson 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 Council Minutes 10-07-10 Page 1 of 7 City Officials Absent: Mayor Steve Fuhriman Councilmember Brian Powell CALL TO ORDER: Councilmember Kirkham opened the meeting at 7:02 p.m. at the Ammon City Hall Building located at 2135 South Ammon Road. Councilmember Bean led the Pledge of Allegiance. Councilmember Slack led the prayer. MINUTES: July 29: Councilmember Kirkham motioned to approve the minutes for July 29, 2010 as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham - Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Coletti – Yes. The motion passed. August 9: Councilmember Kirkham motioned to approve the minutes for August 9, 2010, as presented. 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. August 12: Councilmember Kirkham motioned to approve the minutes of August 12, 2010, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham - Yes, Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed. Sept. 1: Councilmember Kirkham motioned to approve the minutes of September 1, 2010 special session with IBSD, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Sept. 2: Councilmember Kirkham motioned to approve the minutes of September 2, 2010, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham - Yes, Councilmember Slack – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Sept. 9: Councilmember Slack motioned to approve the minutes of September 9, 2010, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Slack - Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Abstained, she was absent. The motion passed. Sept. 16: Councilmember Kirkham motioned to approve the minutes of September 16, 2010 with correction to Action Item #1, the sale of Quail Ridge Estates to change the Parcel Number from RPB-4756009010O to RPB-4757010015O. 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. ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday October 7, 2010 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: A.Young, Cameo Ann – Daycare Employee/Acorn Children’s Academy – 1619 Curlew Suite 2 th B.Rackham, Amanda-Lyn – Daycare Employee/Sunny Days Daycare – 4366 E. 17 Street th C.The Taco Shack – Mobile Vendor – 125 S. 25 E. th D.Infinity Dance Studio – Dance Instruction – 4382 E. 17 Street th E.Batdorff, Sarah – Daycare Employee/Sunny Days Daycare – 4366 E. 17 Street F.Rebuck, Chelsea – Daycare Employee/Acorn Children’s Academy – 1619 Curlew Suite 2 st G.Snell, Eloise – Daycare Employee/Snake River Montessori – 2970 E. 1 Street Council Minutes 10-07-10 Page 2 of 7 2.RENEWALBUSINESS LICENSE APPLICATION: th A.DaVi Nails – Salon – 1201 S. 25 E. th B.Lane Bryant #4580, LLC – Retail Sales – 3015 S. 25 E. th C.Teton Counseling Center – Counseling – 2677 E. 17 Street, Suite #5 th D.Deseret Book – Retail Sales – 3025 S. 25 E. th E.Dress Barn #1063 – Retail Sales – 3019 S. 25 E. th F.Lumber Liquidators – Retail Sales – 1574 N. 25 E. th G.Shoe Carnival, Inc. #364 – Retail Sales – 3033 S. 25 E. H.Ideacom / ECSI – Sales & Service Phone Equipment – 3550 Briar Creek Lane HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.Bennett Dental Arts, LLC – Dental Lab – 3123 John Adams Pkwy B.Heartland Security, LLC/Creatz, Homer – ADT Security Systems – 133 Robison Ave C.Advantage Recreation/Larsen, Brandon – E-Commerce – 891 Tie Breaker Drive 1.RENEWAL HOME OCCUPATION PERMITS: A.Special Moments Visuals – Educational Material/Elementary – 2310 Princess B.Lemons, Tandy – Daycare (Maximum Children 12) – 700 Tennis Court LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Billman’s, LLC – Restaurant-Liquor by the Drink/Beer/Wine sales on Premise – 2565 E. 17 Street 2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Layton, Laura L. – Bartender/T.G.I. Friday’s – 2665 S. 25 E. MISC: MASSAGE ESTABLISHMENT 1.NEW MASSAGE THERAPIST BUSINESS LICENSE: th A.Malm, Melissa – Massage Therapist/Massage Envy – 3047 S. 25 E. Business License*: Councilmember Kirkham motioned to accept the Business License Consent Agenda, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. Accounts Payable – Exhibit A – September 17, 2010 to September 30, 2010: Accounts Payable – Exhibit B – October 1, 2010 to October 7, 2010: Councilmember Bean motioned to accept the Accounts Payable for the period ending September 30, 2010 and the period ending October 7, 2010, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Jennifer advised the Council that tomorrow is the City potluck and would like the Council to attend. Jennifer asked the Council for permission to start the wage study. Council asked her to get some cost estimates and then proceed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): Phil Deaton, 2040 Eagle Drive inquired about the status of Falcon Drive. Councilmember Kirkham advised him it had th been discussed September 9 at the Work Session and the decision was made not to block Falcon off, but she was unaware of the decision for the signage. Councilmember Slack said we are not going to put a sign up, block it off or make it a left hand turn only unless there is a warrant that tells us we need to do that because of safety. Councilmember Bean stated the Council decided to leave it as is. Mr. Deaton said we have been talking about this for a number of years and this has been an ongoing issue. Phil stated that Eagle is now a through street and he has Council Minutes 10-07-10 Page 3 of 7 noticed the traffic has picked up. Phil asked if there was a recorded fatality on Eagle. Councilmember Kirkham stated there were no recorded fatalities on Eagle. Councilmember Thompson said there have been 12 injury accidents recorded in 12 years. Councilmember Slack advised Phil that the Council pulled up the minutes for several years concerning Falcon and no commitments were made. Phil stated he was dissatisfied. Councilmember Kirkham said the majority of the neighbors did not want Falcon closed. Phil brought up about the Eagle Bridge. Councilmember Bean said this is a major benefit to the residents in the area of the bridge. Phil stated that if the Council put in a right turn only sign, the people will ignore it and go straight or turn left. Councilmember Bean said he has increased traffic in his own area with the new school and this is growth. Cities don’t generally change traffic controls without a traffic study. Councilmember Bean said it’s impossible to eliminate all the risks on all the streets. Phil told Ron that he would like to volunteer with the comprehensive plans. PUBLIC HEARINGS: None ACTION ITEMS: 1. Garbage Accounting Separate for Commercial/Residential (Ray): Lance advised the Council that he would like to propose separating garbage accounts – one for residential and one for commercial. He would like to go through a year and see if the City can better track the expenses for residential and commercial rates. Councilmember Kirkham asked if we have to go an entire year. Lance said he would like a fiscal budget cycle, because it makes sense to do it over a year. It will create two departments within the sanitation accounts. Councilmember Kirkham said she feels this is a good idea because the commercial customers feel they are paying for the residential. Lance said the two departments will each have their own general ledger income and expense line items. Councilmember Bean asked how Lance would handle payroll. Lance said there are individuals who are designated to the individual areas and aren’t used in other departments. Councilmember Kirkham motioned to give staff approval to separate commercial and residential sanitation revenue and expenses and track it for the next twelve months. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Councilmember Bean asked Jennifer if this will be in the budget. Jennifer said yes, in the sanitation funds, there will be two departments – one for residential and one for commercial sanitation. Lance said they have made educated decisions for the separations within the budget for the year. 2. Rockwell Development Appeal of Staff’s Denial of Building Permit in Woodland Hills, Division #6 (Based on Bonding Ordinance) (Greg)*: Ron said this is concerning the roads and sidewalks that have not been completed. He said the Guarantee of Completion ordinance was passed in October of 2006. The Ordinance was recorded in November of 2006 and the Plat was recorded in May of 2007, so it is required by our Ordinance to comply. The City requires all the public improvements, in a division, to be in place, prior to issuing a building permit, or the City requires a bond or cash guarantee. Rockwell has applied for a building permit in the Northern portion of Woodland Hills at Mill Creek Lane. If you turn east, this is the lot where the request is being made. The roads are asphalted, curbed and guttered. Cory Lane is asphalted down to Tawzer way which turns and goes into Cortland Ridge. The red lines on the handout indicate areas neither asphalted nor with sidewalks. To the best of his knowledge, the rest of the improvements are not in. Councilmember Kirkham asked if we have a surety bond or cash. Ron stated no. Councilmember Thompson asked if this division was smaller, would it meet the criteria of the ordinance. Ron said yes. He feels this is why Rockwell is here and it was not clear to them that bonding was an option. Brent Johnson, 6030 South 45th East said this is the first subdivision that has had this requirement in the City of Ammon. Rockwell got the plat for Woodland Hills in 2007 and completed the sewer and water in the summer of 2007 with the curb and gutter completed in the fall of 2007. In the Spring of 2008 the building momentum had slowed down and in two years this is the first person to express interest in building in Woodland Hills. This spring the Public Works Department really wanted the bridge in to help the traffic. Brent said they didn’t know about the bonding and that’s why they have only partially done asphalt. Councilmember Kirkham said you can do a bond. Brent asked Council if this was his only option. Councilmember Kirkham said the rules have been created so the citizens don’t end up paying for mistakes of the developers. She stated you are a good developer and very appreciated, however, the Council has to protect the citizens from the bad developers. She said it would be unlikely that she would ever say there would be an exception to the Ordinance. Council Minutes 10-07-10 Page 4 of 7 Councilmember Bean asked what would happen if they re-platted it? Council decided that would be fine. Councilmember Slack wondered which way would be cheaper. Councilmember Bean said he wouldn’t encourage him either way. Councilmember Bean said a bond is usually for one year and he would need a multiple bond for the area. Brent said they will probably have the homeowner build in another area. Councilmember Bean asked where they would be transferring them to. Brent said if they get denied tonight, they will be going to Redrock. Councilmember Bean said what would happen if we issue the building permit, conditioned upon either full bond within 30 days or having it re-platted in 30 days? Scott said this is a zoning change; you can’t make any commitment on what the action will be on the zoning change until the zoning change is before you. Brent said even if they have to put the entire sidewalk down Corey Lane, they are going to stop because we are talking another $100,000. Brent said they will take the signs down and stop selling lots out there. Brent said these are unbuildable lots and was asking about taxes. Scott said this would be the County Assessors’ issue. Ron said it is not based on a building permit, per his dealings with Fremont County. Brent said there are lots in Courtland Ridge and Woodland Hills. It’s not that they have stopping, but are having to limit where they are building. Councilmember Kirkham said from their perspective it is better to fill in before we spread out and this is good. Councilmember Slack motioned to affirm the staff decision on the Rockwell Development denial of a building permit in Woodland Hills Development 6. Councilmember Thompson seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Bean – Yes. The motion passed. 3. Change Order 1 SCADA Building (Lance)*: Lance advised the Council that the plans included a certain number of conduits for future fiber and fiber runs. After the plans had been sent out, there were some changes needed for fiber and there is a request for a parallel path that is separated by 25 feet. To accomplish that, instead of one bank of conduit, we have to run out of the building to two separate vaults and run different directions up both sides of Ard Road. It has added a couple of vaults, some length of material and took out some material leaving an overall additional cost of $28,345. Councilmember Kirkham said the budget has some reserves for the building. Councilmember Bean asked how much of the reserves are needed for these change orders. Ray Ellis said we will not be making some particular capital purchases and improvements that were in the 2009-2010 budgets. Councilmember Bean said it needed to be physically carried over from one year to the next. Ray said there is over $2 million in capital improvements budgeted out of water this year. Councilmember Bean went through the budget to check the available funds with the Council. Councilmember Bean said it is ok. Councilmember Kirkham said Lance and Ray are monitoring it very closely. Councilmember Kirkham motioned to approve Change Order 1 for the SCADA Building for the amount of $28,344.95 and authorize the Mayor to sign. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 4. Change Order 2 SCADA Building (Lance)*: Councilmember Kirkham motioned to approve Change Order 2 for the SCADA Building for $121,506.32 and authorize the Mayor to sign. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. DISCUSSION ITEMS: 1. AIC Conference - Road Right-of-Way Charge from Proprietary to Streets (Jennifer/Leslie): Leslie advised the Council about an AIC session that covered taking water and sewer easement rights and using these funds toward the street budgets. Jennifer said it is an option to help get funds to the streets. Councilmember Bean said it is another way to charge the public without passing a tax. Councilmember Kirkham said it bothers her, because she felt like in this particular climate people are already suspicious of government and we have tried very hard to operate above board. She feels we need to be clear with the public that’s what is happening. Leslie said they just wanted the Council to have the knowledge, if they so desired. Councilmember Bean said we don’t have a franchise fee on Rocky Mountain Power where we do on all the other utilities. Councilmember Kirkham said she thought Councilmember Bean was opposed to it. Councilmember Bean said Mayor Ard had been opposed to it. Council Minutes 10-07-10 Page 5 of 7 Leslie said the contract dated in 1991states we have the right to go in and charge the fees. Council asked Leslie to put in on the next Council work session. 2. DARE Contributions (Leslie): Leslie asked the Bonneville County Sheriff’s office where the funding comes from for Dare. She was told they get it from the City of Ammon and Idaho Falls designates two other officers out of their police force to do the DARE on the Idaho Falls side. Councilmember Coletti said so, no other City contributes. Leslie said no, they don’t. Council discussed that the School District contributed in kind with supplies, printing, etc. Councilmember Kirkham said the school has stimulus money. Leslie said our schools have County residents, Ammon residents, as well as, the City of Idaho Falls. The true fair way to spread the expense is through the taxes to all County residents. Councilmember Kirkham said the sheriff’s office said it caught them off guard when Ammon decided not to contribute. Councilmember Bean said they have talked to Sam Hulse for six months and Councilmember Kirkham said they had also spoken last year, so it shouldn’t have caught them off guard. Councilmember Coletti said it certainly gives DARE an opportunity to re-assess and decide how to request contributions and how they are going to make it work. Leslie said it was started in the past with a small donation that has grown. Most of the contributions come from Dr. Slaughters. Councilmember Kirkham said this morning Sam had said there are people who are concerned about this, but this is a tight budget cycle and this should be one of the first things you look at eliminating. Councilmember Kirkham stated Sam had said the greatest benefit from DARE was the relationship between the deputies and the students. 3. Misc: Lance updated Council regarding the conversation with the school board concerning IBSD and there were several questions, but no decisions were made. Councilmember Kirkham said the biggest issue is the manhole in the middle of the practice field. The City of Idaho Falls requires the manholes to be no greater than 300 feet apart, however, DEQ will allow them to be 600 feet apart. IBSD will go back to the City of Idaho Falls to request going, as much as needed, to get out of the field. Lance said IBSD has asked him for a drawing for the City of Idaho Falls. The City of Idaho Falls has asked about an access road over it. If they extend the line to get it out of the grass, that question goes away. Lance has looked at different alternative routes and Lance considered them more detrimental to the school grounds. Councilmember Kirkham said, Craig Lords had a plan to consider and Lance did consider it and didn’t feel it would work. It was decided it would have to go up hill, so it won’t work. Councilmember Kirkham said the best solution is to move the manholes and it is best that IBSD makes the request. Ron said the group that wants to build a sports complex west of Well 8 contacted him with a power point today. Ron has reviewed it and he doesn’t feel it will require a public hearing, it would just need acceptance as some parks. Councilmember Bean asked what type of a sports complex we were talking about. Ron said it would involve everything from soccer, baseball, volleyball, etc. Councilmember Bean asked Ron what he thinks they stand to gain from it. Ron said he feels the property management group wants to invest in the City with the City committing to using the fields for recreation. Councilmember Slack feels that they have some property that they can’t move that is next to Rex’s by Wal-Mart. Councilmember Slack said they would need a qualified payment for the use. Ron said it looks like they would request a commitment from the City. Councilmember Slack said he can’t get what it is they want narrowed down. Ron will have them come to a work session, since he doesn’t feel it is staff directed. Councilmember Slack said HJR-7 is an Idaho Amendment. It allows for Cities having their own power producing utilities, to be able to enter into contracts to purchase power when the power rates are low. Councilmember Slack said he has talked with the City of Idaho Falls twice this week. The first conversation was with Karen Cornwell and the possibilities of ambulances or Quick Response Units in the City of Ammon, and how the County taxes can cover this. Karen will do some ground work on this and assist with what the costs would be. The second conversation was regarding the MOU. The City of Idaho Falls is looking for a date and meeting as a group. Leslie asked about the City of Idaho Falls giving us some dates and if they are ok without a mediator, but Councilmember Slack feels the City of Idaho Falls will need one. Councilmember Kirkham said both Councils need to be represented. Ron asked if they are concerned about not being able to express themselves. Councilmember Slack said yes, because there are some disagreements internally in Idaho Falls. Councilmember Kirkham suggested Mayor Fuhriman send another letter and perhaps the City of Idaho Falls Council suggest dates. Scott suggested using a room at the Eastern Idaho Technical College as a neutral location for the meeting. Council feels that a facilitator would not be needed, but can be accommodated. Council went over possible dates they would be available for a meeting with the City of Idaho Falls Council. It was decided that Tuesday nights would not be th available. Oct 13, Oct. 20, and Oct 27 would be dates available to be used. Council Minutes 10-07-10 Page 6 of 7 Councilmember Bean requested the Mayor create a letter to the City of Idaho Falls cancelling the st MOU for dispatch effective October 1. Councilmember Kirkham said Norm Snyder who lives by the new water tank has an issue with noise from the fans from the new water tank and vibration from the water line. Councilmember Kirkham said there is a new set of fans that are disruptive in the night. She suggested re-venting the fans through the ceiling, but she would like to get some timers to shut it off at night for the noise. Ray said they met with Norm and the fans have been turned off ever since. Councilmember Kirkham said the vibration was only noticeable at 500 PSI, but a basement bedroom gets really bad at high PSI levels and he said it gets as high as 1200 PSI. Councilmember Kirkham said she asked Jeff about available options. Councilmember Kirkham said there is an elbow where the water changes direction and she thinks we are going to open up the ground there and see if it is shaking and make sure everything is connected properly. Jeff will check to see what other Cities have done to help with this problem. Councilmember Kirkham advised she is looking for some options. th Councilmember Coletti advised the winter newsletter deadline is November 5. 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 move into executive session pursuant to Idaho Code 67- 2345(1-b and 1-f). Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember Thompson. The motion passed. The meeting adjourned at 8:40 p.m. _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 10-07-10 Page 7 of 7