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05192011CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MAY 19, 2011 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, MAY 19, 2011 – 7:00 P.M. CALL TO ORDER: Mayor Steve Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Coletti Prayer – Councilmember Thompson MINUTES: None 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: None ACTION ITEMS: 1.Ordinance 501 – Proposed Franchise Agreement Rocky Mountain Power (Ron)* 2.Change Order 6 – SCADA Building (Lance)* 3.Segment C Interceptor - Bid Approval (Forsgren)* 4.School Dist. 93 – Utility Easement Agreement (Lance)* 5.Ordinance 502 – Correction Ordinance 403 (Year 2006) - Dove’s Landing (Ron)* DISCUSSION ITEMS: 1.ACEC Plaque Presentation (Keller Assoc) 2.SCADA Building Plaque (Lance)* 3.Wastewater Planning Grant Application (Lance)* 4.Animal Control - Vehicle Availability Time (Coletti) 5.Budget Dates – Council and/or Mgmt. (Jennifer) 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 Brian Powell (arrived 7:59 p.m.) Councilmember Sean Coletti City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates City Planner Ron Folsom City Treasurer Jennifer Belfield City Officials Absent: Councilmember Lee Bean City Council Minutes 5-19-11 Page 1 of 6 CALL TO ORDER: Mayor Steve Fuhriman opened the meeting at 7:10 p.m. at the City Hall building located at 2135 South Ammon Road. Troop 307, Alex Holden led the Pledge of Allegiance. Councilmember Thompson gave the prayer. MINUTES: None ITEMS FROM MAYOR: None CONSENT AGENDA: Business License*: Councilmember Slack moved to approve the consent agenda business license, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Kirkham moved to approve the accounts payable, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. ITEMS FOR/FROM TREASURER: City Treasurer Jennifer Belfield advised the Council the April financials are on st SharePoint. She advised by June 1 the management will have met with their Councilmembers to verify their numbers and she would th like to schedule June 14 for a budget work session. BDPA will give a presentation on the wage study on this day, as well. It was th discussed that June 7 would work, but BDPA would not be able to come on this day. Councilmember Kirkham stated she could th phone in for the meeting. Leslie suggested the next meeting be held on June 14, they could have BDPA come earlier at 5:30 p.m. th and it will just be a longer meeting. Council agreed and decided to cover the budget on June 7 at 4:30 p.m. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None. PUBLIC HEARINGS: None ACTION ITEMS: 1. Ordinance 501 – Proposed Franchise Agreement Rocky Mountain Power (Ron)*: City Planner Ron Folsom said the Ordinance was introduced April 7th,published May 5th, and is up for approval. Councilmember Thompson asked what the rate was. Leslie stated 3%, and asked Ron how long the term contract was for. It was discussed Section 2 stated it was 30 years. Ron stated Rocky Mountain Power has 60 days, from the time of adoption, to implement collection of the fee. Glen Pond said the check will be issued quarterly. Councilmember Slack read Ordinance 501 AN ORDINANCE RENEWING AND AMENDING AN ELECTRIC UTILITY FRANCHISE AND GENERAL UTILITY EASEMENT TO ROCKY MOUNTAIN POWER, TO CONSTRUCT, OPERATE AND MAINTAIN OVER AND UNDER THE PUBLIC WAYS OF THE CITY. SUCH WIRES, CABLES, AND OTHER FACILITIES NECESSARY TO CONDUCT AND OPERATE AN ELECTRIC UTILITY IN THE CITY AND PROVIDING THE TERMS, CONDITIONS AND REGULATIONS RELATED THERETO. Councilmember Slack moved the City Council dispense with the rule requiring the readings of the ordinance on three different days and that the three readings be waived. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Councilmember Slack read Ordinance 501 AN ORDINANCE RENEWING AND AMENDING AN ELECTRIC UTILITY FRANCHISE AND GENERAL UTILITY EASEMENT TO ROCKY MOUNTAIN POWER, TO CONSTRUCT, OPERATE AND MAINTAIN OVER AND UNDER THE PUBLIC WAYS OF THE CITY. SUCH WIRES, CABLES, AND OTHER FACILITIES NECESSARY TO CONDUCT AND OPERATE AN ELECTRIC UTILITY IN THE CITY AND PROVIDING THE TERMS, CONDITIONS AND REGULATIONS RELATED THERETO. Councilmember Slack moved the adoption of Ordinance 501 as an ordinance of the City of Ammon on its third and final reading. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 2. Change Order 6 – SCADA Building (Lance)*: City Engineer Lance Bates said this is a clean-up change order on the SCADA building for six different issues, and for the final completion of the building. The first change being a zero cost change order and the last being site grading. The total amount is $6,113.56. He also said Item #6 started out as a $30,000 bill and through negotiations we were able to reduce it to $4,334.00. He feels this basically cleans up everything outstanding. The SCADA building is complete and they have taken occupancy. Lance is requesting the Council authorize the Mayor to sign the change order in the amount of $6,113.56. Councilmember Slack moved to approved Change Order 6 – SCADA Building in the amount of $6,113.56 and authorized the Mayor to sign. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. City Council Minutes 5-19-11 Page 2 of 6 3. Segment C Interceptor - Bid Approval (Forsgren)*: City Engineer, Lance Bates, stated the bids were received last Friday for Segment C from York Road and Hackman Road to the Sunnyside Road and Eagle Drive intersection where Ammon sewer flows will be able to be transferred to the Eastern Idaho Regional Wastewater Authority (EIRWWA). He explained this is the last 2 miles of the project. The bids ranged from $2.7 million to $1.6 million with the low bid from Knife River. Lance informed the Council that Forsgren suggested the City award the bid to Knife River. Discussion ensued and Lance explained the amounts and the Base Bids for Alternates B1 and B2. The buildings are around the existing sewer lift stations, with one on New Sweden Road and one on Overland Drive. There was verbal commitment by the Sewer Board to construct buildings around those lift stations later in the project. Lance said it is now later in the project and it is part of the bid documents. Councilmember Kirkham asked if it was part of the original project. Lance explained it was already part of the projected cost and it came in under projection. Councilmember Slack asked if they have a performance bond. Lance said yes. Councilmember Slack asked if they have a time limit to construct. Lance said yes, he believes they have 120 days construction time, with another 30 days for final. Councilmember Coletti moved to approve Segment C Interceptor Bid and award the contract to Knife River in the amount of $1,845,795.47. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed. 4. School Dist. 93 – Utility Easement Agreement (Lance)*: City Engineer, Lance Bates said the easement has gone through the City’s attorney Scott Hall, and the School District’s attorney. Scott informed Council the School District has signed the easement agreement. Scott stated the School District said the City can keep the original documents. Lance requested Council authorize the check to the School District for $70,000. Councilmember Thompson inquired how long the easement is. Lance stated the easement itself is about 475-480 feet. The easement is 20 feet wide with an additional 30 feet for construction on either side. Councilmember Kirkham stated it is still better than $600,000 to bypass them. Councilmember Thompson expressed he feels the worst part is that the City abandoned that easement so that the school could be built and now they sell it back to us for $7 a square foot. Scott explained the City has already approved the easement. The District wants a copy of the recorded contract. It was discussed there will be a buried manhole cover in the practice field. Councilmember Slack moved to authorize the Mayor to sign the easement and allow the check to be issued. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. 5. Ordinance 502 – Correction Ordinance 403 (Year 2006) - Dove’s Landing (Ron)*: City Planner Ron Folsom explained as we were going through our census documentation we noticed that Dove’s Landing was not being shown in the City on the State’s map. We contacted the State and learned the documents they have, show the boundary lines of the land to be annexed, do not close. It was discussed this mistake happened around the time the previous City Clerk left, so any notification that an error had been found, probably got lost in translation. He explained this land is not annexed and we have not received any tax for it. Ron explained it didn’t close because the annexation ordinance broke the annexation into three different zonings with two that did not close. Ron explained Exhibit A is the entire annexation, which wasn’t in the original ordinance and now closes. He explained they added the annexation language that was advertised in the hearings. In Exhibit B, the three zones are approved, but any developer that wants to use it has to have the surveys done with successful closure. This ordinance cleans up the annexation and the zones already on the map. It also fixes it from the State’s aspect and puts it on the tax rolls. Councilmember Coletti read Ordinance 502 AN ORDINANCE CORRECTING THE LEGAL DESCRIPTION CONTAINED WITHIN ORDINANCE 403, RECORDED ON SEPTEMBER 13, 2006 INSTRUMENT # 1237289 ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO. DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. Councilmember Coletti moved that the City Council dispense with the rule requiring the readings of the ordinance on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Coletti read Ordinance 502 AN ORDINANCE CORRECTING THE LEGAL DESCRIPTION CONTAINED WITHIN ORDINANCE 403, RECORDED ON SEPTEMBER 13, 2006 INSTRUMENT # 1237289 ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO. DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. Councilmember Coletti moved the adoption of Ordinance 502 as an ordinance of the City of Ammon on its third and final reading. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Kirkham – Yes. The motion passed. City Council Minutes 5-19-11 Page 3 of 6 DISCUSSION ITEMS: 1. ACEC Plaque Presentation (Keller Assoc.): Jeff Freiberg, 356 W. Sunnyside, from Keller Associates presented the Council with a plaque for the Ammon Water Project for first place from the ACEC at the state level. Because they were chosen for first place, they were able to submit it to the national competition. In the national competition, they were selected for a recognition award. There were over 300 submittals to the national competition. Jim Mullen and Jeff Freiberg presented the Council with a plaque from ACEC of Idaho that was presented to them on April 11, 2011. The second award is the National Recognition Award that was presented in Washington DC at the national luncheon and awards ceremony on April 1, 2011. The third item is a gift from Keller Associates to Lance for his trip to Washington D.C. Jeff thanked the Mayor, Council and staff for their work. Councilmember Coletti said the next newsletter will honor these accomplishments. 2. SCADA Building Plaque (Lance)* : Ray Ellis, Public Works Supervisor, showed the Council the proposed sign for the SCADA Building. Ray informed Council that Keller Engineering will be donating a Building Plaque to the City. Councilmember Kirkham asked if they will change the name to Operations Facility. Ray said yes. Lance asked the Council and Mayor how they would like their names displayed on the dedication. Leslie explained how plaques usually list them by length of term in office after first naming the Mayor and Council President. Council concurred. Councilmember Kirkham asked Karl Noel, Police Sergeant if he was here for any issue. Karl stated he attended the meeting in the Kerr case and wondered if Council had any questions. He does not have any updates, except that they should be finishing up in the next couple of weeks. He stated everything is straight forward and pretty close to what the newspaper has printed. Councilmember Kirkham thanked Karl for their response and how well they handled the case. Karl stated the City Fire Department did great, as well as the citizens in the area. 3. Wastewater Planning Grant Application (Lance)*: Lance said he received a letter from the Department of Environmental Quality informing the City that our water system was ranked for a Waste Water Planning Grant. The Grant matches 50% up to $45,000, which is what we put into the process and application. Lance requested direction from Council for his next year’s budget and paperwork purposes. It would be $90,000 in the budget with $45,000 coming from a grant. Councilmember Slack asked if it was just for planning. Lance said yes, it is a planning grant. Councilmember Kirkham asked why the Council would want to do this. Lance talked about planning sewer lines, knowing how big lines need to be, etc. Councilmember Kirkham wondered if we would need to contract it out or could Lance do it. Lance stated he does not have the software to do it. He stated the software and equipment would cost more than $45,000. Councilmember Slack asked if we had the money for next fiscal year in planning. Lance said we would have to find $45,000 of planning money. Lance said the City is going to have to have a better idea of the lines and where they are. Councilmember Slack asked if you have to spend the full amount of the grant. Lance said no, just up to what we want. Councilmember Slack asked if the monitoring for the grant was onerous. Lance said no. Scott asked if you could spend it on the equipment software. Lance said yes. Councilmember Slack said his opinion is to go for it, but not to make up things to use it on. He talked about needs versus wants. Councilmember Kirkham said this is part of the strategic plan or capital improvement plan. Council advised Lance to complete the application. 4. Animal Control - Vehicle Availability Time (Coletti): Councilmember Coletti advised the Council that the Animal Control Officer would like permission to take the vehicle home, since most of the time she is on call. This would enable her to not have to come to the City to switch vehicles first to respond to a situation. Councilmember Coletti feels this makes sense. He explained about employee abuse and feels she is cognizant. Councilmember Slack said the Fire Department members are able to take their vehicles home when they are on call. He explained usually they have to log miles, etc. Leslie stated we should have the other departments log their usage, as well, if they are going to have Animal Control complete one. Leslie explained which departments take vehicles home. It was discussed that someone would need to look at the logs. Scott stated he recommended the Public Works Department keep a general log during the day. Mayor Fuhriman asked if there are any problems with the IRS. Jennifer said if they are on call, they are okay. If it is just a perk, then there would be a problem. Jennifer stated currently they have to enter their mileage every time they fill their vehicles. Scott said his recommendation was to log the date, time, and address of where they went and if it was a general task – water turnoff, etc. He doesn’t feel it takes that long. When there is a question, there is a log entry that answers the question. Ray said they have a work order system in place where they log time and would hate to see us have more paperwork. It was discussed to have a morning and evening log of mileage. Council just does not want vehicle usage abused. Council advised it is ok for Shawna to take the vehicle home, but to keep a basic log. Budget Dates – Council and/or Mgmt. (Jennifer): 5. Jennifer didn’t have anything further to discuss at this time. City Council Minutes 5-19-11 Page 4 of 6 6. Misc.: Lance stated Idaho Falls did respond to the request for their terms to maintain Ammon sewer lines and they have declined and are not interested in extending our sewer service contract. Councilmember Kirkham felt if the City could press the issue th hard enough they would be interested. Lance read the letter from Idaho Falls. Scott asked what about 14 North. Councilmember Kirkham said if we present it as an option to retain employees, they may be more interested. She asked if the City wants to become self-sufficient. Lance said the lines are being jetted every other year. Lance stated because of this information, it would decrease the Operation &Maintenance costs for Ammon to within the $42 per month fee that we now have. Councilmember Slack asked about private companies. Lance said Pipe Pro, out of Utah, has quoted 50 cents per linear foot of sewer jetting. We have close to 50 miles of line and cleaning once per year would cost $120,000 per year. This doesn’t include lift station maintenance or cover any problem that arises during the course of the year. All the other maintenance burdens would still be there. Lance said for maintenance, electrical, office supplies, etc. the cost would be close to $700,000. Councilmember Kirkham said the Council needs to make a decision within the next two weeks whether the City wants to be self-sufficient and after that can decide how seriously we want to pursue Idaho Falls. Lance said the IBSD separator line is out to bid. It is scheduled to be opened for bid a week from tomorrow. Councilmember Kirkham stated that Councilmember Bean said he doesn’t want to go out to bid, until the lost people are handled. Lance said it is already out for bid. Councilmembers Slack and Kirkham said the City needs to move forward. Councilmember Coletti asked Lance if he had incorporated the cost for us to do the maintenance, instead of someone else. Lance said he has it in the budget now. Ron said the Long Range Transportation Policy document has been approved and asked if the Council wanted a hard copy or if they wanted it on the internet. Council said on the internet. Councilmember Thompson advised Ray that the stop sign on Moss at Ammon Road has been blown over. Ron said it is Briar Creek and Ammon Road. Ray stated he will take care of it. Also where Advantage Lane and Backhand Drive meet there is a stop sign and he would like it changed to a yield sign. Lance said it would need to be looked at before this change can be done. He will start the review. Councilmember Slack said Stacy has been able to get the high compression bottles donated from Idaho Falls. So the City has a donated fill station and compressor, so the City will only need $2,500 to get the rest of the materials and it will be completed this year. McCowin Park improvements have now been started and the concrete by the pool area, that will enable families to be with their children, is being completed. Councilmember Slack said he heard Idaho Falls has their Memorandum of Understanding drafted for 17th Street. Councilmember Kirkham stated it is a mock paragraph that the attorneys will need to review. Councilmember Slack stated his meeting with Idaho Falls went well. Idaho Falls agrees to maintain Hitt Road. For any capital improvements, they would like a 50% match on new development and 25% on other capital improvements and he feels this will work well since our population base is 25% of Idaho Falls. On the Hitt Road construction project our portion is approximately $600,000, which is 25% of the total. Councilmember Slack asked for any comments or suggestions. Idaho Falls wants Ammon to contribute to any increase in capital improvements, because of traffic control. Councilmember Slack advised Idaho Falls the City would be comfortable with 25%, but we still need 2 years advance notice. Councilmember Powell stated he is concerned about the 50% match on development. Councilmember Slack said a perfect example is south of Sunnyside and he is unsure how this will work, where the ability to pay is impacted by which side is developed first. He stated he would like to talk to some developers about it. Councilmember Slack said the City could create a Limited Investment District. Idaho Falls is open to a payment option. Councilmember Slack is researching some ideas. He is meeting with Eric at Ball Ventures. Ron said there are already agreements for properties that have been platted and there is language that they have to participate. Council is ok with everything else. Councilmember Kirkham said she talked with Ted Hendricks about the judicial confirmation for the additional $5 million and retaining Stephanie to move forward to authorize the Judicial Confirmation. She figured the cost would be $6,000 - $8,000. The Council could authorize it not to exceed $8,000 and she requested this be put on the next agenda. Councilmember Powell said he knows Ken is busy, but we are a quarter of the way through the baseball season and the ball diamonds are not done. Councilmember Slack said he has talked with Ken and he has stated that they used to prepare them every day, but now it will be done once a week. Councilmember Powell said it hasn’t even been done once a week. He also stated we need the restrooms opened during the games and if we aren’t going to be preparing the fields, then we shouldn’t charge for them. Jennifer said the fee is to reserve the field and she has asked for the bathrooms to be opened. Ken told her until the weather reaches a certain point, because of the way they were designed, the pipes freeze. She stated the Peterson Park restrooms really need an upgrade. Councilmember Kirkham stated she feels there is something in the ordinance about maintaining the fields, which was put into the ordinance, because of the increase of fees. Councilmember Powell said the diamonds are in the worst shape they have ever been and there is no striping. Councilmember Thompson stated it is more a rental fee, than a reservation fee. Leslie said when the fee was created it was to maintain the diamonds. Councilmember Powell asked what is being done with the $1,600 from the Little League and feels the money needs to be given back. He feels the bathrooms need to be opened. Councilmember Slack asked Councilmember Powell to speak with Ken. Mayor Fuhriman said we need to get this done from a PR point of view. Vending was discussed in Peterson Park. Jennifer stated we didn’t want the City of Ammon to be the vendor. She prefers to lease the spot and not deal with the headache. City Council Minutes 5-19-11 Page 5 of 6 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 moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1-b) and (1-f). Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed. The meeting adjourned at 8:25 p.m. _______________________________________ Steve Fuhriman, Mayor ____________________________________ Leslie Folsom, City Clerk City Council Minutes 5-19-11 Page 6 of 6