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05202010CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MAY 20, 2010 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, MAY 20, 2010 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. EXECUTIVE SESSION: 1.Real Estate Acquisition - Idaho Code 67-2345 (1-c) CALL REGULAR SESSION TO ORDER: Council Motion to go into Regular Session Pledge of Allegiance – Councilmember Powell Prayer – Councilmember Slack MINUTES: None ITEMS FROM MAYOR: CONSENT AGENDA: Business License* Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: Financial Statement Interpretations (Jennifer) PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: PUBLIC HEARINGS: None ACTION ITEMS: 1.Award Segment B EIRWWA Contract & Authorize EIRWWA to Accept Contract (Lance)* 2.Preliminary & Final Plat – Ammon Water Building (Ron)* 3.Bonneville/Jefferson Ground Water Bill (Lance/Dana)* 4.Woodland Hills Sewer Extension Proposal (Lance)* 5.MOU Letter Idaho Falls (Ron)* DISCUSSION ITEMS: 1.EIRWWA Paving Treatment Plant included with Segment B (Lance) 2.Citizens Notification Procedures – Textwire (Kirkham/Patterson) 3.Itinerant Licensing (Leslie/Ron) 4.Childcare Amendments (Scott/Ron) 5.Misc.* EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) MINUTES City Officials Present: Mayor Steve Fuhriman Councilmember Dana Kirkham (arrived at 7:21 p.m.) Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates Council Minutes 5-20-10 Page 1 of 9 City Planner Ron Folsom City Treasurer Jennifer Belfield (arrived at 7:30 p.m.) City Officials Absent: Councilmember Lee Bean Mayor Fuhriman opened the meeting at 7:10 p.m. at the City Hall Building located at 2135 South Ammon Road. EXECUTIVE SESSION: 1. Real Estate Acquisition - Idaho Code 67-2345 (1-c): Councilmember Thompson moved to enter into executive session pursuant to the provision specified by Idaho Code 67-2345, subsection 1-c. Councilmember Coletti seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Slack – Yes. The motion passed. The meeting adjourned at 7:12 p.m. CALL REGULAR SESSION TO ORDER: Councilmember Kirkham motioned to resume regular Council session at 7:52 p.m. 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. Councilmember Powell led the Pledge of Allegiance. Councilmember Slack led the prayer. MINUTES: None ITEMS FROM MAYOR: Mayor Fuhriman stated he had two items he would like to present for clarification purposes. He asked Lance to explain how he is handling the chlorine situation in the City’s water. Lance stated some may or may not be aware some taste and odor issues we have had with chlorine in the water. He stated he has talked to experts in water chemistry and indicated when chlorine enters water systems that are not used to being chlorinated, it usually upsets the natural “biofilms” in the water, which affects the balance. Lance explained that they are attempting to disinfect at a low rate, which has essentially caused us to enter an undesirable chemical zone. They have now increased the chlorine, which should help eliminate this situation. Councilmember Kirkham inquired about the time frame to get this problem resolved. Lance said he cannot give an exact time frame, but it will take a while to get through the distribution system and hopes it will be finished in a month. Councilmember Thompson inquired what started this chlorination problem. Lance said it started with the new tank when the chlorination process started. It was discussed they did not chlorinate over the winter, because the supply was keeping up with the demand. The odor and taste problem is not dangerous, although it can taste bad to some people. It was discussed that there are some people who are allergic to chlorine. Councilmember Powell asked if it is being monitored daily. Lance said yes, once a day. Councilmember Thompson said he has had more comments on this than anything else, since the time he’s been on Council over the last six years. Mayor Fuhriman asked if this will occur again. Lance said as the distribution system gets used to chlorine, it will become few and far between. Councilmember Kirkham stated she didn’t realize that we would chlorinate all the time. Lance said with the tank on the hill, we will have to chlorinate the vast majority of the time. Mayor Fuhriman inquired if we will have to deal with this again when the tank in Tiebreaker goes online. Lance stated it shouldn’t be too bad, because by then the distribution system will be acclimated to the chlorination process. Mayor Fuhriman said he had a local person ask, if they could use the tennis courts for a teenage dance. He th stated four of the local church stakes are requesting to use it on the night of Saturday July 10 from 7 pm to 11 pm. They anticipate 300 – 400 kids and it will be well chaperoned. He stated they are inquiring what they need to do to get this underway. Leslie Folsom stated that Ken, in the past, has had an issue using with the courts, due to the coating on the tennis courts and the City having to pay to fix it. It was discussed and decided to end the dance at 10:30p.m. for the sake of the neighbors. Councilmember Kirkham said we need to talk with Ken and check on the surface and stop at 10:30 pm. Leslie Folsom asked about the fee. Councilmember Powell said to charge a fee like the gazebo. Council said if Ken okays it and it ends at 10:30 pm, it will be okay with them. Mayor Fuhriman said to direct the speakers away from the houses. Council Minutes 5-20-10 Page 2 of 9 CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday May 20, 2010 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Big O Tire – Retail Tire Sales – 3193 E. 17 Street st B.Weinrich, Jessica – Daycare Employee/Nana’s Daycare – 2660 E. 1 Street HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.Cuts, Colors, Curls/Linda Nelson – Salon – 3015 Western Ave 2.RENEWAL HOME OCCUPATION PERMITS: A.Ted E. Bear Daycare – Daycare/Maximum Children (12) – 5031 Tildy Lane B.Jo’s Sewing & Quilting – Sewing & Quilting – 4370 Mason Street LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Hall-Glunz, Nick Lee – Bartender/T.G.I. Friday’s – 2665 S. 25 E. 2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Brigido, Duran – Bartender/Sol Rio – 2635 S. 25 E. Business License*: Councilmember Kirkham motioned to accept the business licenses, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham - Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Powell – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Powell asked City Treasurer Jennifer Belfield about Liberty Mutual, if this is what we retained from Sommer and released to Liberty. He also inquired if all the claims have been settled. City Attorney Scott Hall stated where it is being released to the surety, we also need to state they are on tap with all liens and warranty periods. It was discussed it was for both the water and sewer. st Councilmember Powell asked Lance about Premier Paving and if it was on 21Street. Lance said it was for several locations. Councilmember Kirkham motioned to accept the accounts payable, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham– Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Slack– Yes. The motion passed. ITEMS FOR/FROM TREASURER: Financial Statement Interpretations (Jennifer): City Treasurer Jennifer Belfield explained that the department heads have already been working on their budgets. Jennifer stated the financial statements are on Sharepoint. She went over the basics of the financials for the Councilmembers that are new this year, since it is their first time creating a budget. She stated the City is on track with the revenues and expenses, as projected. Jennifer reminded Council to go over the budgets with their department heads. Councilmember Kirkham asked to have the Council specifically look at this budget again in July. Leslie Folsom explained that the updated budget is available each month on Sharepoint for Council to view. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Bruce Ard, 4315 Wanda stated that the City received a $500,000 grant for a water project to benefit Pearl House, which is still outstanding. He explained he and Ted have still been working on this, because Pearl House went defunct. There will be a letter coming from the State, which is an amendment to help the other new developments that are now benefiting from the water project to qualify for the grant. The Mayor needs to sign the amendment and get it back to Bruce and then it will be good to Council Minutes 5-20-10 Page 3 of 9 go. Leslie Folsom instructed that we need to amend the agenda to act on this item and authorize the Mayor to sign. City Attorney Scott Hall stated it was enough of an emergency to allow Council to amend the agenda. Councilmember Slack motioned to amend the agenda to include an action item, due to the time sensitivity of the letter for the Pearl House Grant aka Family Care Center to resolve any legal issues that could have been incurred by the City. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. Councilmember Kirkham motioned to authorize the Mayor to sign the Family Care Center letter after Scott reviews it. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. Adam Serr, 2255 Quail Ridge Drive talked on behalf of the Quail Ridge homeowners association. He stated a deed was turned over to the City in late April for a three acre parcel to handle drainage. He understood that George McDaniel had agreed to develop that parcel into grass for a park. He stated unfortunately, it was not done. He would like to request the City to help put the park in, since there isn’t a park within two miles of their area. The homeowners association has $2000 - $5000 in funds they would like to contribute. He would like the City to put in grass and sprinklers. Councilmember Kirkham said they will be talking with Ken concerning developing this area and allocating some money possibly in the next budget, but she cannot guarantee anything. Adam Serr asked what he can do to help accomplish this. Council stated it is on their radar and it most likely wouldn’t be done this year. City Attorney Scott Hall explained that the budget cycle is from October through September and it wasn’t budgeted for this year. Councilmember Kirkham said if it’s approved, you would be looking at spring to get it done. Councilmember Powell said to keep an eye on the lot and keep the motorcycles off the property. Scott Hall asked if they might be able to contribute labor. Adam said they would be willing to do this. Ron Folsom asked if the neighborhood would get with Ken to check on grants for matching funds. It was discussed to have Ken contact Adam. Scott Hall said most grants will match private funds, not City funds. Ron said labor can be counted toward the match. Adam asked when it will be approved. City Treasurer Jennifer stated it will be th August 19. They would like the City to maintain this after it is completed. Councilmember Kirkham said just the lot, not the property across the street. Scott Hall said you may want to talk with Ken to help contract with the City and you pay for it. You might want to visit with him concerning this. PUBLIC HEARINGS: None ACTION ITEMS: 1. Award Segment B EIRWWA Contract & Authorize EIRWWA to Accept Contract (Lance)*: City Engineer Lance Bates turned over the time to Husk to discuss the bid. Husk Crowley, Forsgren and Associates of Rexburg, Idaho said the bids were received last Friday for the Eastern Interceptor Segment B for a bid of $7,384,567.32. This was less than we estimated for Section B, which was $8,371,807.17. Husk estimates Segment C will be about $2 million. Councilmember Powell asked about the running ledger and the balance of $7 million. City Treasurer Jennifer Belfield explained it is from the Development Company who sends it to us every month. Husk said Ted keeps track of the income and expenditures on the project. Husk keeps track of the sources of income in an aggregate approach and overall income. Husk showed the Council one of the spreadsheets that he created. Husk presented Council with another worksheet. The spreadsheet changes every time you look. At the bottom is the area that is adjusted with ERU’s and project prices, which is what changes the spreadsheet. Councilmember Powell asked if this includes Shelley. Husk stated the ERUs include Shelley. Councilmember Powell said with the current sheet, you just handed out, has Shelley at $8,123,252 and Ammon is $22,415,098. He explained our bond is only for $20 million and he asked where we are going to get the $2 million dollars. Husk stated he thinks back in the August meeting he explained to Council that they would need $2 million dollars more. He stated this is not new information and he has been trying to communicate this to the Council for a year or two now. He explained that a couple of years ago we were going to add a “Country Club” subdivision and were supposed to get $1.5 million from that, but they are no longer moving forward on their subdivision. Husk passed out a construction cost index (CCI) and the amount for Ammon’s bond that was established in 2004. He explained the cost index that this was based on at the time. Between 2002 and 2008, the project costs increased fifty percent. The four cities that are closest on the CCI to Ammon are Denver, San Francisco, Los Angeles and he can’t remember the other one. In 2002 you had 3000 ERU’s, but now you have 4500 ERU’s. So while the costs have gone up, so have your ERU’s. The three elements that have kept the project at the Council Minutes 5-20-10 Page 4 of 9 $10 million level are grant money, the reduction in the interest rate, and the increased customer base. Councilmember Slack asked if the $22.4 will drop, since the bid came in less. Husk explained we still need to come up with additional funds. Councilmember Powell asked if this includes the $500,000, for the membranes. Husk does not remember. Councilmember Kirkham said it doesn’t and she remembers the aftermath of being told we would have to come up with an additional $2 million, but it was discussed they were not prepared for that as a City. She explained Council was told that with construction costs at the time, it may not come to fruition. But now, it looks like it has. She explained the costs that are coming down the line for equipment, etc. Councilmember Powell said we really need to know how much more we are truly going to need by the fall of 2011. It was discussed that the cost for the new Woodland Hills line would be about $250,000. Lance said part of the cost was for the design and asked if we could wrap it into segment C. Councilmember Powell asked if all of this includes Segment C. Leslie asked about the cheaper pipe that was supposed to help with this issue. Husk said there was a lot of work and effort to investigate the pipe and no extra expense for the City. He explained the City saved over $3 million dollars. Councilmember Kirkham said that’s what is confusing us. We have saved $3 million on the pipe plus another $1 million, but we are still over budget and she wonders when it ends. Husk said when we went out for the bond we didn’t anticipate the 50% increase in costs. Councilmember Kirkham said it’s very disconcerting. It was discussed that we should have got more on the bond, but who would have known construction costs would go up so much. Councilmember Powell asked what his feeling is on the bid and if they will come back with a change order from the company. It was discussed to tell the company “no change orders” and the depth on the pipe. Husk said it varies on the length. They raised the pipe to prevent having to install a lift station. It ended up about $400,000 less to do so. There were two areas of concern. There was a problem a mile from HWY 91 to the north where we may or may not have had to have a lift station. The other problem was to the north of Country Club where a short stretch of pipe gets shallow. From the south of Country Club, lowering the pipe only gained us a quarter of a mile. Councilmember Powell asked if Segment C was the one that we could have come down Hackman Road. Lance said it is from York and Hackman to the City of Ammon. Councilmember Powell inquired if it is in the original bid or will it be cheaper to go down Hackman Road. Husk said it will be cheaper going the route we are doing. It is a quarter mile east of Hackman Road. We are leaving the estimate at $2 million, as a worst case scenario. There will be another $250,000 in savings, but he hasn’t made this adjustment. Councilmember Powell asked when he will go out for the estimate on Segment C. Husk explained it hinges on the easements on the road, but thanks to Leslie the main one has been solved. They have had the meetings and the documents have been prepared, but they have not been executed and recorded. Husk said it should be done by probably July or August. Councilmember Thompson said the sooner the better, since we are already paying for it. Husk stated they have considered, rather than going to bid, utilizing the number for unit prices and doing a change order. This could eliminate the bid process. We have to ask ourselves if it is worth bidding it out. Councilmember Powell asked how long it will take to do the project. The contract time is 300 working days (Segment B). Lance asked if it was working days. Husk said no it’s calendar days. Lance said if they shut down for winter this would not be included. Husk said they hope to give them notice to proceed in June and it would be completed sometime in the next April. He feels they could start with Segment C concurrently with Segment B, depending on Segment A. Councilmember Kirkham asked if we can get an estimate of the remaining costs from Husk, so we can wrap our minds around these figures. Husk said we have a contract price for the membranes, so they don’t have to be bid again. Councilmember Powell motioned to accept the bid from HK Contractors in the amount of $7,383,467.32 and authorize the Mayor to sign the notice of award. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. Councilmember Slack inquired what the date is to give notice to Idaho Falls to terminate services. Scott stated we need estimated completion dates, because we need to comply with the adequate notice. Scott said you may overlap and take some of the savings away. 2. Preliminary & Final Plat – Ammon Water Building (Ron)*: Mayor Fuhriman directed Council that he will be going out of order tonight and will start with the second agenda item. City Planner Ron Folsom said this is where the City’s Quonset Hut is. This is a City project and for clarification purposes want to make it clear that the Water Department has been required to follow all of the same procedures as any other developer of property would be required to follow. Alan will make the presentation and explain the plats to the Council. Council Minutes 5-20-10 Page 5 of 9 Alan Cunningham, 1020 Lincoln Road said the City accesses their property through a 60 foot wide easement. The easement is being platted into a right-of-way. Jay Johnson owns the property where the easement is located and he is going to sign the plat, so you will have the right-of-way. Technically any building has to front on a public right-of-way, so now this property will do just that. He explained the Preliminary and Final plats are exactly the same. The 50’ x 50’ square piece of ground that the cell tower sits on is owned by Jay. Alan would recommend making this square piece into a separate lot. Councilmember Thompson asked how they would access the cell tower property. Alan said the easement is already there. He advised Council they would not want the cell tower piece tied to the City’s lot. Jay will probably vacate the easement to the tower after the road is put in. The City property is in the floodplain and the ground at the building site will be built up above the elevation that is deemed to be the maximum flood water elevation on the FEMA map. Councilmember Thompson asked where the road will eventually come out. Ron said it could go to Township. Alan said it will be a dead end for now. Ron asked what name they wanted to use for this building. Councilmember Kirkham said they would consider naming it the Ard Water Building because Bruce was instrumental in getting this done. Councilmember Slack motioned to approve the preliminary and final plat for what was the Ammon Water Building, renamed to the Bruce C. Ard Ammon Water Building, with the change in the plat to make the one square where the cell tower is located into its own lot, subject to technical review by the City Engineer. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. 3. Bonneville/Jefferson Ground Water Bill (Lance/Dana)*: City Engineer Lance Bates explained that the City has now received another bill. The City has asked for clarification from Dane Watkins who did approach the City and said he would send a revised statement. This bill has not been revised, only added to. Lance would like to have help from the Council to get in touch with Dane Watkins. Lance has talked to Dane several times and there is no explanation for the bill. Councilmember Kirkham stated she will call him. Leslie said there are a lot of late fees accumulating to around $2000.00. Councilmember Powell read the previous minutes, which stated they are doing 5000 acre feet every year to mitigate at a cost of $12 – 14 which is around $70,000.00. He asked Lance if this is being done every year and what is Ammon’s portion. It was discussed we don’t even know if they are doing that each year. We also need a dollar per acre foot price. Lance said it covers a fairly large geographical area. He has not received a straight answer from Dane yet. Councilmember Powell motioned that the City of Ammon does not pay the bill until Dane Watkins or a member of the ground water district comes and explains the bill to the City Council. He would also like Councilmember Kirkham to contact Dane Watkins about this. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. 4. Woodland Hills Sewer Extension Proposal (Lance)*: City Engineer Lance Bates advised the Council they might want to table the amendment to the contract, until we have a better idea on the money. Councilmember Kirkham stated that it is not a bad idea, but this needs to happen. Ted Hendricks stated that you should make it a part of your overall project, because DEQ will want that. He said we have talked about going back to DEQ for a further rate reduction, but the City cannot go back at zero interest, because our rates are not high enough. He explained there are ways to fund this without going into reserves. He talked about possibly asking for forgiveness of the 2% from DEQ. He stated Rigby was successful in doing this, they went from 3 ¼% to 0%. Ted suggested we ask for another 1% reduction. It could save us about $5 million. Ted said we have anticipated this for some time. He stated Lance has instructed that we will need equipment to maintain the system and all of these costs can be incorporated into the request to reduce the interest rate. Councilmember Powell asked if it was approximated $600,000 per year in interest. Ted thought it would be $400,000. Councilmember Powell said it would help to cut it in half. Ted said hopefully, but a lot of things have happened over time. The request will have to be made by a political body. Council asked him to start working out the details. The Mayors need to be involved and go to Boise and meet with the State Director with everything lined out. He feels we are in a good position now with costs, but the costs we need to identify are the ones Lance has talked about and they need to be detailed. Councilmember Powell asked when the State officials meet and when could we go. Ted said they would ask for the meeting. Mayor Fuhriman asked where the separation fees for IBSD are. Ted said the separation fees cannot be included. It was discussed to lump in Woodland Hills and Lance’s numbers and any costs for additional equipment. Councilmember Powell said he is available any day in July. Ted Council Minutes 5-20-10 Page 6 of 9 said he needs to get Lance’s numbers. Councilmember Powell asked when they do a rate reduction is it as of a date or can it be retroactive. Ted said they do it retroactively. In the past he had a city, where they lowered the rate and forgave all interest costs of the past. Councilmember Powell asked why they do this. Ted said they want to make sure, in order to subsidize the community, that they really need it. They break down the utility rates per user. They work with cities that have high rates and help those that are pushing the limits of the community’s ability to pay. Councilmember Powell said couldn’t we argue the point that $25 of our $42 is for debt service. Ted would ask that all the items are done, before he approaches the director. Ted said they have tried to go to DEQ and they said no, because they don’t feel sorry for you. The ones they have been helping have lower household median incomes and higher rates. It was discussed the most we would probably get was 1%. Leslie asked if this would be a judicial confirmation. Ted said he would think we would do that, at this point, like we did last time. Councilmember Kirkham said we can show them our budget. Councilmember Powell asked if you can have the City of Ammon ask DEQ for more money. Ted said you have to obtain the ability to incur more debt, but you have not had another revenue bond election that would permit this. Councilmember Powell said what if we ask for a modification of the loan to accept additional expenditures like the ones Lance is requesting and ask for the rate reduction. Ted explained there would be a process to go through, but you will still have to incur the debt. Councilmember Kirkham said she would like this done in six weeks, not six months. Ted will work with Lance to get his numbers. Lance said he can get it in a week. Councilmember Kirkham motioned to table the Woodland Hills Sewer Extension Proposal, until Lance has been able to talk with Ted Hendricks about numbers and incorporating it in the whole project. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 5. MOU Letter Idaho Falls (Ron)*: City Planner Ron Folsom showed the Council and Mayor the letter that he was asked to create. City Attorney Scott Hall has reviewed it. City Engineer Lance Bates said it stated “improvements on Hitt Road”. Council concurred it is a great letter. Lance said most of it is not involving widening, but access control with center lanes, right turns, etc. Councilmember Kirkham motioned to approve the MOU letter to Idaho Falls and authorize the Mayor to sign and send it. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Mayor Fuhriman asked if we wanted to give out a sample MOU. Council concurred that would be a good idea, but wait until the meeting is scheduled. DISCUSSION ITEMS: 1. EIRWWA Paving Treatment Plant included with Segment B (Lance): City Engineer Lance Bates said in Segment B costs, one of the prices was to pave the parking lot at the treatment plant. There has been some discussion, part with the City and part with Bingham County and the City of Shelley to get it done before the open house. Husk Crowley, Forsgren and Assoc. said what originally was going to happen is the paving was going to occur in Phase 2. He explained they talked about paving the entrance as part of Segment B. They brought it up to the Board, and now the City of Shelley has made arrangements to get it paved for less than what was bid for by H&K. It was discussed that we would back it out of H&K’s bid. Lance said doing it outside of the project would mean the City of Shelley would pay for the paving and Ammon would reimburse the City of Shelley for our share of the costs. Councilmember Slack asked how much it costs. Husk said approximately $45,000. Councilmember Coletti said it was $43,000. Councilmember Kirkham showed Husk a bill we keep getting and she thought it was resolved. Husk stated he will take care of it. 2. Citizens Notification Procedures – Text Wire (Kirkham/Patterson): Councilmember Kirkham said she understood City IT Tech Bruce Patterson talked to the CEO of Textwire and got some clarification on how this would work with our City. The initial bid was $12,000 for 100,000 text messages and 100,000 calls. However, the City wanted to look just at the calls, which reduced it to $6,000. Bruce thinks he might be able to do it in house for a cheaper price. Councilmember Kirkham stated it might be a good idea to use Textwire in the interim. Councilmember Kirkham stated Bruce is already overworked and wondered if he has the time. Bruce Patterson said Council Minutes 5-20-10 Page 7 of 9 there is still a lot of in-house work no matter which way you go. The work is in supplying the phone numbers. He explained our system is capable of doing the calls; we just need a front end system. Councilmember Kirkham asked where we get the front end system. Bruce Patterson said there are a couple of items needed and the City of Orem has a system they use and they would give us the specifications for that system, but we would need a server. He would like to explore it further. He has only had a couple of days to work on it. Councilmember Powell said he feels it is a great idea. He is always hesitant to hand out information to a third party. Bruce Patterson said it’s a text file of phone numbers. They don’t want any data, except just the phone numbers. All the numbers come from him, so he would like the opportunity to investigate. Councilmember Kirkham is fine with this, but doesn’t want to prolong this. Councilmember Powell said he has talked with Bruce about who is going to do it and how long it will take. Councilmember Kirkham said the fire dept would like to use it and we need it for public works, and for positive items like Ammon Days. Leslie commented it could be used for garbage clean up week. Bruce Patterson asked if it would be acceptable to contact Scott or the Mayor. Councilmember Kirkham said they trust him for the message and he doesn’t need to go to Scott or the Mayor. Scott said we can come up with a policy. Councilmember Kirkham said I am very conscious of your workload. Councilmember Slack asked why this is so time sensitive. Councilmember Kirkham said it’s not. Bruce is a very busy man and is it worth his time for the $6000. Councilmember Powell said he still has to use his time. Councilmember Thompson said the other way would have a monthly charge. Lance said Bruce has already done a lot of research and feels we can do it quickly. Council agreed to give Bruce the time. 3. Itinerant Licensing (Leslie/Ron): City Planner Ron Folsom stated we have finally found a solution for the Itinerant Licensing. The green river ordinance doesn’t seem to work. One of the items we will have is a swiper card, which we could require of the door-to-door vendors. They would have to wear the card to identify that they have a license. Council liked the idea. We would still license the itinerant licensee and each person would have to have a card for a nominal charge. It was discussed there would be a few exceptions, such as girl scouts. We can put it in the newsletter. Leslie said they felt it would be a good compromise. Councilmember Powell asked if there are any rules to give a card out. Ron stated there will be checks and balances. Council stated it was okay to change the ordinance. 4. Childcare Amendments (Scott/Ron): City Planner Ron Folsom explained that Janice McGeachin came to the City for a meeting with the child care providers. Leslie said Janice hadn’t thought about the issue that was created when they rejected the rules. One of the issues is that if you have a mixed age group, you have to staff for the youngest age group. Ron said the quota separates the ages. Parents like the idea that the 18 month old baby can be with their sister and not be separated, but in the East they don’t do it this way. The only way to change it is to change the statute. DHW is going to adopt temporary rules, since they are supposed to be enforcing this. They don’t apply to us, but we have to be as strict as the State code. He has a proposal if we have a child who is 12 months, they can take care of 5 children – the state allows 6. So we are a bit more stringent. He explained the differences between what we allow and what the States allows. He proposes that this has come from Janice and DHW and he feels we should leave our ordinance the way it is and DHW has to enforce it, but they won’t come into the City. Councilmember Kirkham said she hates to relook at this, since this was the biggest issue. Ron said we are very close to them. Each child can count as a child for purposes when computing child to staff ratio. DHW determines that to mean - if you have three of your own children and you are licensed for five, then you can only take care of two children. That is where we differ and why there are so many issues. The way the City has it is the way the committee wanted it. Scott said Ron has said it all. It was discussed we have a good ordinance. Leslie said the State forgets that we are just protecting the child, not education of the children. Ron said we all feel we have a successful ordinance. Ron asked Council if they are ok leaving our ordinance the way it is. Council agreed. Ron said we might have a few request annexing, since they are on the borders. 5. Misc.*: Councilmember Slack stated he met with the Bonneville County Fire District. He stated it went well. It was discussed we have a great fire department right now with a response time of five minutes. If we join the District, our costs go from 52 cents to 96 cents per $100,000 of property value and the response time will go from five minutes to three minutes. The only benefit is that eventually we will need a firehouse in the foothills. They said they have the funds right now to build it. They will be renegotiating the contract with IF next year. Leslie asked about forming our own District. It was discussed we can, but there is no real benefit. Leslie said it would help the tax base for the City. Councilmember Kirkham said ask them to house an ambulance in the bay. The issue is who will man the ambulance. Councilmember Slack said they want us for the muscle to negotiate better Council Minutes 5-20-10 Page 8 of 9 with IF. Stacy’s benefit would be full time firefighters in the building. Scott said 70% of all fire departments are volunteers. Leslie said Boston is one of them. Leslie said Stacy is afraid the City can’t afford to construct another building. Stacy said we have trucks that are zero leases. Councilmember Kirkham said there is no way in the current climate to increase the citizens’ taxes. Councilmember Powell said EMT is important, since you can’t buy a life. Scott said the odds are you will probably call an ambulance sometime in your lifetime. Councilmember Kirkham said to pursue the ambulance. Councilmember Coletti asked if he could be involved with the budgeting process, since he doesn’t have a position. Mayor is ok with his participation in the General Government. Leslie stated the newsletter went out in today’s bill. She talked about the Employer Appreciation Celebration for the Guard and asked Council to be there. She talked about the AIC Conference and asked who would like to go. If you are only going to attend one or two meetings, we don’t need to pay. She will email Council a copy of the list of classes available at the conference. th Leslie advised the Council concerning the ribbon cutting for the Wastewater Treatment Plant on the 16 and the formal and informal invitations. It was discussed to have Mayor Swede speak at the ribbon cutting. There will be a barbeque and we will help with the expense of the condiments, supplies, etc. She talked about when the connection fee change is coming. Councilmember Kirkham stated she will call Mayor Ard tomorrow, since the home builders wants to meet with him also. The ERU schedules were discussed. Leslie stated the Chamber of Commerce came in and wanted to know who the current representative is. Councilmember Kirkham stated she had gone, but Ray took over. It was discussed to have Councilmember Slack be the representative. Leslie updated the Council on the situation with repetitive abusive emails from a constituent. The police have told us to take a backward stance for now. It has been happening for about two and a half months now. The police will train the office on protection procedures tomorrow. 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 Idaho Code Section 67- 2345, subsection 1-f. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti, and Councilmember Thompson – Yes. The motion passed. The meeting adjourned at 10:23 p.m. _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 5-20-10 Page 9 of 9