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12012011CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, DECEMBER 1, 2011 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, DECEMBER 1, 2011 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Kirkham Prayer – Councilmember Bean MINUTES: October 6, October 13, 2011 ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: Update – Water Bond Closure (Jennifer) PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: 2011-017 Commercial Water Rates Minimum Charge ACTION ITEMS: 1. Resolution 2011-017 Utility Rates (Ron) a.Commercial Water Minimum Rate b.Sewer Rates 2. Authorize Mayor to sign Joint Powers Agreement and Declaration of Trust – III-A (Mayor) 3. Appoint City Representative to III-A (Mayor) 4. Agreement for Engineering Services - Keller Associates – Wastewater Facility Planning Study (Lance) DISCUSSION ITEMS: 1.Parks Building - Repairs 2.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 Steven Fuhriman Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack City Administrator/Clerk Ron Folsom Deputy City Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates City Attorney Scott Hall Public Works Director Ray Ellis City Officials Absent: Councilmember Lee Bean 14 City Council Minutes 12-1-11 Page of CALL TO ORDER: Mayor Steven Fuhriman opened the meeting at 7:04 p.m. at the City Hall Building located at 2135 South Ammon Road. Councilmember Kirkham led the Pledge of Allegiance. Councilmember Bean led the prayer. MINUTES: October 6, 2011: Councilmember Coletti moved to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Abstain (Absent), Councilmember Kirkham – Yes, and Councilmember Powell – Abstain (Absent). The motion passed. October 13, 2011: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell – Abstain (Absent), and Councilmember Coletti – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: Business License: Councilmember Powell moved to approve the Business License Consent Agenda, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Powell asked Lance about the invoice for the sewer membranes. Lance said the invoice is for 25% of the overall contract. Councilmember Slack moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Update – Water Bond Closure (Jennifer): Jennifer said she wanted to thank Keller and the Development Company for assisting the City with the water project. Jennifer said on Tuesday, she, Lance, Ron, Rick from the Development Company, and Willy from DEQ met and went over the closing of the bond. Jennifer said the Mayor has signed the final pay application. Councilmember Powell asked about making the payment monthly, and asked how much the interim financing was. Jennifer said yes the City can make monthly payments and the interim financing is going to be around $830,000 and as of September th 30 it was $749,000. Jennifer said it should take approximately 30 days to finalize everything to close the loan. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: 2011-017 Commercial Water Rates Minimum Charge: Mayor Fuhriman opened the public hearing and explained the hearing process to the public. There was no public comment and no written comment was received. ACTION ITEMS: 1. Resolution 2011-017 Utility Rates (Ron): a. Commercial Water Minimum Rate Ron explained when the last water rate increase occurred, that the Commercial Water Rates minimum rate was not included. b. Sewer Rates Ron explained the increase will affect both residential and commercial accounts. Councilmember Coletti asked when the increase would go into effect. Ron said the resolution will go into effect today and customers will see the increase on the December billing statement. Ron also explained the decrease in the Commercial Business park rate. Councilmember Slack moved to approve Resolution 2011-017 Utility Rates, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed. Mayor Fuhriman closed the public hearing. 2. Authorize Mayor to sign Joint Powers Agreement and Declaration of Trust – III-A (Mayor): Mayor Fuhriman confirmed with Scott he had read the agreement, and that he was ok with it. Scott said yes he was fine with the Joint Powers Agreement. Councilmember Powell asked if at a later date, there was a severability clause so the City could get out of the agreement if 24 City Council Minutes 12-1-11 Page of they wanted to. Scott said membership is voluntary. Jennifer explained that once the City signed up for the program, there was a three year commitment. Councilmember Slack moved to authorize the Mayor to sign the Joint Powers Agreement and Declaration of Trust – III-A. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti - Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed. 3. Appoint City Representative to III-A (Mayor): Mayor Fuhriman recommended that Jennifer serve as the trustee for the City.Councilmember Kirkham said she agrees with the recommendation. Councilmember Slack asked Jennifer if she was ok with the recommendation. Jennifer said yes. Councilmember Kirkham moved to appoint Jennifer Belfield as the trustee and Ron Folsom as the second as a City Representative to III-A. 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. 4. Agreement for Engineering Services - Keller Associates – Wastewater Facility Planning Study (Lance): Lance explained the agreement and said it has been gone over by the DEQ, Ron, and Scott. Councilmember Kirkham moved to approve the Agreement for Engineering Services – Keller Associates – Wastewater Facility Planning Study and authorize the Mayor to sign. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. DISCUSSION ITEMS: 1. Parks Building – Repairs: Ron showed the Council photos of damage to the northwest corner of the Parks Department Building. Ron said the building has had a crack in it for some time, but it is getting worse. Ron said Charlie Allen suggested they have a structural engineer look at the building, who made some suggestions. Discussion ensued regarding the damage caused by water flowing off the roof. Ron said Charlie estimated it would cost $5,000 to $6,000 to repair the building, and the structural engineer at ESquared recommended removing the front of the building and 8 to 10 feet down the side of the building and replace it. This would include stabilizing the roof. Ron is asking for approval from the Council to move forward and get bids to repair the building. Councilmember Kirkham asked Councilmember Slack his opinion, because there is no money in his budget. Scott said this is a general asset owned by the City and the expense should come out of the general fund. Ron said the building has been like that for 30 years and doesn’t feel it’s major. Ray said there is continuing deterioration, but it is minor, and the risk of damage to the building was greater by attempting to repair it now than by simply letting it wait for warmer weather. Councilmember Powell suggested waiting until the next budget cycle. Lance said that should be fine, because the snow plows are no longer going in and out of the building. 2. Misc.: Jennifer updated the Council about her progress in finding an appreciation gift. Jennifer said she contacted Glenwood, Sam’s Club, and Albertsons to discuss pricing on either turkeys or hams. Jennifer suggested having the Department Heads pick up the gifts on December 21st and distribute them to their staff. Ron spoke about the meeting in February and discussed possible dates for the employee appreciation dinner. Jennifer would like the Council’s commitment to attend the appreciation dinner. Discussion ensued regarding possible dates and venues. Councilmember Slack said he keeps hearing complaints about business properties with multiple tenants that have vacancies, but are still being charged utilities for the vacant units. Councilmember Kirkham said they are only being charged for one connection, and not for separate space. Rachael said that if businesses are not metered, they are billed per separate space. Ron said the businesses have been given the option to meter, or they would have to continue with the fee for each space. Councilmember Slack said he doesn’t feel it is right to charge businesses for vacancies. Discussion ensued regarding business vacancies, and minimum charges. Councilmember Kirkham said the solution for businesses with multiple spaces is to install a meter. Rachael said the issue with having vacancies and trying to track whether there is a business or not can be very difficult, and she gave an example of the Fire Marshal recently discovering three new businesses the City was unaware. Councilmember Slack doesn’t feel the current process is fair to businesses. Councilmember Kirkham wants this item on the Work Session in January to discuss a possible solution. Councilmember Kirkham informed the Council she spoke with Dr. Shacket and he told her the School District is not going to be able to bond for their new High School any time soon so they are going to need many more modulars. Councilmember Kirkham said she attended the Regional Sewer meeting, and informed the Council that HK Contractors is going to be coming to a Council meeting with a possible claim. Councilmember Kirkham said there was a miscommunication with Forsgren and they have not posted for the plant facility manager position yet, but will post it by tomorrow. 34 City Council Minutes 12-1-11 Page of th Councilmember Thompson asked about the intersection at Hitt Road and 17 Street and not allowing the City of Idaho Falls to construct the long median on the east leg. Councilmember Kirkham said she met with Ken Fugal about the issue and he has gone back to his Department to discuss the impact merchants perhaps pay for a light. Lance said he sent a letter letting them know the City doesn’t want the median at that location. Councilmember Kirkham said because the Region doesn’t have a manager, Forsgren is doing the management at a cost of $4,000 per month for one day a week. Councilmember Coletti said he wanted to invite the Council to donate to the scholarship fund. Councilmember Coletti informed the Council if they donated to the fund, it was tax deductible. 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- C&F). Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 8:17 p.m. ___________________________________________ Steve Fuhriman, Mayor _____________________________________________ Ron Folsom, City Clerk 44 City Council Minutes 12-1-11 Page of