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05032012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MAY 3, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, MAY 3, 2012 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Powell Prayer – Councilmember Slack MINUTES: February 16, March 1, March 6, March 8, 2012 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. Change Order #4 – Midway/Eagle Interceptor Signage (Lance) 2. Ordinance 516 and Summary – Itinerant Merchant/Door to Door Sales 3. Ordinance 517 and Summary - Massage Therapy 4. Resolution 2012-008 EIRWWA Fee Collection DISCUSSION ITEMS: 1. TRPTA Presentation 2. Tree City USA Presentation 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: Mayor Steve Fuhriman Councilmember Dana Kirkham (Arrived at 7:45 p.m.) Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack Councilmember Brad Christensen City Attorney Scott Hall City Administrator/Planning Director/Clerk Ron Folsom Deputy Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates Public Works Director Ray Ellis Park Director Ken Knoch City Officials Absent: None 17 City Council Minutes 5-3-12Page of CALL TO ORDER: Mayor Steven Fuhriman opened the meeting at 7:00 p.m. at the City Hall building located at 2135 South Ammon Road. Councilmember Powell led the Pledge of Allegiance. Councilmember Slack offered the prayer. MINUTES: February 16, 2012: Councilmember Powell moved to approve the minutes, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Abstain (arrived late and had not reviewed the minutes). The motion passed. March 1, 2012: Councilmember Slack moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, and Councilmember Thompson – Yes. The motion passed. March 6, 2012: Councilmember Powell moved to approve the minutes, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Abstain (Absent), Councilmember Slack – Abstain (Absent), and Councilmember Thompson – Yes. The motion passed. March 8, 2012: Councilmember Slack moved to approve the minutes, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday April 22, 2010 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1. RENEWAL BUSINESS LICENSE APPLICATION: A. Amedisys Idaho LLC. – Home Care – 1480 Midway Ave. B. AT & T Mobility – Cell Tower – 2483 S. Eagle Dr. C. AT& T Mobility – Cell Tower – 4381 S. 25th E. D. IHop/Peak Restaurant Partners – Restaurant – 2463 S. 25th E. E. Panda Express – Restaurant – 1151 S. 25th E. F. Phillips Hearing Center, Inc. – Medical Office – 3153 E. 17th St. G. Premium Incentives dba. Logo Studio LLC. – Retail Sales – 3456 E. 17 St. Ste#240 HOME OCCUPATION PERMITS: 1. RENEWAL HOME OCCUPATION PERMITS: A. Around The Home Inspections – Home Inspection – 4310 Mason B. Stallings, Erica – Salon – 3923 Willow Ridge Dr. FIREWORKS PERMIT: 1. RENEWAL FIREWORKS PERMIT: A. American Promotional Events – Retail Sales – 3101 E. 17th St. Kmart Parking Lot B. American Promotional Events – Retail Sales – 1901 S. 25th E. Albertson’s Parking Lot C. American Promotional Events – Retail Sales – 1201 S. 25th E. Wal-Mart Parking Lot CHILDCARE/CHILDCARE WORKER LICENSES: 1. RENEWAL CHILDCARE/CHILDCARE WORKER LICENSES: A. Stanislao, Monique A. – Childcare Employee/Acorn Children’s Academy – 1619 Curlew MASSAGE THERAPIST LICENSE: 1. NEW MASSAGE THERAPIST LICENSE: 27 City Council Minutes 5-3-12Page of A. Morales, Stephanie – Massage Therapist – 3047 S. 25th E. B Barr, Taylor – Massage Therapist – 3047 S. 25th E. C. Benson, Elizabeth – Massage Therapist – 3047 S. 25th E. Business License Business License: Councilmember Thompson asked Ron if Cell Tower licensing came up for renewal every year. Ron said yes. 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 Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Powell asked Jennifer if the Teton Communications Invoice for $31,000 was out of the grant. Jennifer said yes, and that they are getting ready to close out the Fire Department Communications Grant. Councilmember Powell asked about the invoices to the Idaho Water Company for water rights. Ron said there are two down payments of $500 for the water rights the City is purchasing. Councilmember Powell asked Ray if Century Link was billed for the damage when they hit the water line. Ray said no, because the water line is plastic it was un-locatable and the City has some liability. Councilmember Coletti asked about the legal counsel fees in the wastewater fund and asked how much had been budgeted. Scott said he thought legal counsel fees were budgeted in the general fund. Jennifer said there is some in the general fund, but she would need to look at the budget. Discussion ensued regarding what percentage has been expended from the budget so far this year. Councilmember Powell moved to approve the Accounts Payable - Exhibit A, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Jennifer told the Council she is very happy that everything went well with the first payroll direct deposit. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) John Foster, 1668 Sage Hen Lane, said he has lived in the Quail Ridge Subdivision for the last three years. John addressed the Council about the uncontrolled weed population on the vacant lots in his subdivision. John said he lives in a part of the area where he is surrounded by vacant lots and previously he has gone in with another homeowner and sprayed the area. John said there are seven or eight of these lots around his home that have previously received a notice from the City, but that was late in July after all the blooms had dropped their seeds. John would like the City to send out the weed notices earlier in the spring. Councilmember Coletti asked what the ordinance said about the allowed weed height. Ron said ten inches. Councilmember Christensen asked when the letter is typically sent out. Ron said late June. John said he received a notice saying he would be fined because it was mistaken that he owned part of a vacant lot. Councilmember Coletti asked if there was a standard notice that is sent in June. Ron said the City’s Enforcement Officer Shawna Avery watches for the weed height and then sends the letter. Councilmember Coletti asked if the letter could just be sent now instead of waiting for the weeds to get too tall. Ron said yes, and staff can revise it and send it out. Ron said he could work with Scott and Shawna regarding the letter. Councilmember Powell said the letter should say to either spray or cut the weeds, or the City will spray or cut and send them the bill. Ron said the ordinance has a penalty clause. Councilmember Powell said it’s a responsibility to be a good neighbor. PUBLIC HEARINGS: None ACTION ITEMS: 1. Change Order #4 – Midway/Eagle Interceptor Signage (Lance): Lance said this change order is comprised of three different parts, and it ties into the extra signage and items requested by the City for HK Contractors to do. Councilmember Slack asked if Lance checked if these were legitimate amounts. Lance said yes. Councilmember Christensen asked about the signs. Lance said they had over 120 signs at one time, and 41 of these signs were specialty signs made specifically for this project. Ron said part of the reason for the additional signage was because school started into session. Lance said it is an increase of $26,176.50. Lance said because the project is already substantially complete, the additional days were not added to the contract language. Scott said the price is 2.7 million dollars, but the City collected 2.4 million dollars from IBSD (Iona Bonneville Sewer District). Scott asked if the project was almost complete. Lance said it is nearly finished. Lance said we need to chip seal the roads and finish the punch list and make sure the City of Idaho Falls approves it. Scott said he wants to have input on the issuance of the final check to make sure he has the verbiage he wants on the final check. Councilmember Powell said he thought the City already had the approval of the Idaho Falls. Lance said the final inspection needs to be approved by Idaho Falls too. Lance said one of the issues was that 22 manholes did not meet the specification for Idaho Falls. The manholes are one inch larger in diameter and Idaho Falls is having some difficulty accepting that because they are not their standard. If Idaho Falls won’t accept the 22 manholes, they will have to be ripped out of the ground and re-done. Councilmember Powell asked why we did not build it to Idaho Falls specification. Lance said in the beginning there are submittals, and the submittals came from the contractor to Forsgren. Lance said there was an e-mail specifically from the HK 37 City Council Minutes 5-3-12Page of parent company stating the manholes met the Idaho Falls specification. The Mayor asked what kind of issue does one inch difference cause. Lance said one issue is the concern of a smaller cover falling through. If they have to replace a manhole lid, they do not want to have to search all over to try to find a special size. Lance said the City has offered to buy 22 extras manhole covers in the event they would need replaced. Idaho Falls has not bought off on that idea. Councilmember Christensen asked if this was a decision at the Council level or staff level. Lance said this is coming from the Sewer Department and inspection department. Discussion ensued that if the manholes need to be replaced then it will be at HK Contractors expense. Councilmember Powell asked Lance to keep the Council posted. Councilmember Powell moved to approve Change Order #4 – Midway/Eagle Interceptor Signage, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, and Councilmember Coletti– Yes. The motion passed. 2. Ordinance 516 and Summary – Itinerant Merchant/Door to Door Sales: Ron said a few weeks ago we had an issue with door to door salesmen. These people were licensed as Itinerant Merchants and they did have their door to door ID badges. Karl Noah sent an e-mail to Ron with complaints from residents about people trying to sell vacuum cleaners at 11:00 at night. Karl asked if we had hours set which we did not. Karl has requested the City set hours of operation for door to door salesmen. This change is doing that, and also covers whether they have a badge or not an officer can direct them to leave, and site them for violating the ordinance. Ron said he set the hours at 9:00 am to 9:00 pm every day of the week. Ron read the added renewal language. Ron said the vacuum sales company is up for renewal and currently we have no reason to deny them. Ron said Karl talked to the company representative about the late hours. Councilmember Powell read Ordinance 516 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, TITLE 4, BUSINESS REGULATIONS, CHAPTER 9, ITINERANT MERCHANTS, MOBILE FOOD, DOOR TO DOOR, SECTION 6, ITINERANT MERCHANT INVESTIGATION OF APPLICANT AND ISSUANCE OF LICENSE; ITEM (D), DOOR TO DOOR SALES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed. Councilmember Powell read Ordinance #516 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, TITLE 4, BUSINESS REGULATIONS, CHAPTER 9, ITINERANT MERCHANTS, MOBILE FOOD, DOOR TO DOOR, SECTION 6, ITINERANT MERCHANT INVESTIGATION OF APPLICANT AND ISSUANCE OF LICENSE; ITEM (D), DOOR TO DOOR SALES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move the adoption of Ordinance #516 and Summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed. 3. Ordinance 517 and Summary - Massage Therapy: Ron said the intent was to repeal the City ordinance, but the way the new State statute was written it actually doesn’t require licensing by individuals until June 1, 2013. Ron said if we had repealed the ordinance there would have been a period of almost a year where there wouldn’t have been licensing by the State or by the City. Ron explained the extension of the licensing dates for massage therapists and suggested reducing the fee from $100 to $50 to cover just the background investigation. The Council said they were ok with that. Councilmember Slack read Ordinance 517 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, TITLE 4, BUSINESS REGULATIONS, CHAPTER 12, MASSAGE THERAPY, SECTION 2, LICENSE REQUIRED, SUBSECTION E, EXCEPTIONS TO LICENSE REQUIREMENTS, ITEM 8, EXEMPTING PERSONS WITH STATE OF IDAHO MASSAGE THERAPIST LICENSES; AMENDING SECTION 5, TERMS AND FEES FOR LICENSES, SUBSECTION B, EXTENDING EXPIRATION DATES OF NEW LICENSES ISSUED; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. Councilmember Slack read Ordinance #517 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, TITLE 4, BUSINESS REGULATIONS, CHAPTER 12, MASSAGE THERAPY, SECTION 2, LICENSE REQUIRED, SUBSECTION E, EXCEPTIONS TO LICENSE REQUIREMENTS, ITEM 8, EXEMPTING PERSONS WITH STATE OF IDAHO MASSAGE THERAPIST LICENSES; AMENDING SECTION 5, TERMS AND FEES FOR LICENSES, SUBSECTION B, EXTENDING EXPIRATION DATES OF NEW LICENSES ISSUED; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move the adoption of Ordinance #517 and Summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Christensen seconded. Roll Call 47 City Council Minutes 5-3-12Page of Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 4. Resolution 2012-008 EIRWWA Fee Collection: Ron said this resolution implements the decisions made as a result of the public hearing that the City held earlier regarding the City collecting the EIRWWA fees. Councilmember Coletti asked if the fee was reduced. Councilmember Powell said yes. Scott said what this resolution says is that the City is going to collect the most current capacity collection fee up to and not to exceed $3600. Councilmember Kirkham said the fee will be $3000 at least until the January review. Councilmember Slack moved to approve Resolution 2012-008 Eastern Idaho Regional Wastewater Authority Fee Collection, with the change of removing “City Council” from paragraph two. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, and Councilmember Thompson – Yes. The motion passed. DISCUSSION ITEMS: 1. TRPTA Presentation: Burk Webster, 3924 Boulder Creek said he is the current Chair of the Board of Directors for TRPTA (Teton Regional Public Transportation Association). Burk said the first thing he wanted to do is to thank the Council for their past support of TRPTA, and said the organization couldn’t do what they do without support of the Council and community. Burt said some challenges that are occurring result from the Association’s heavy reliance on match funds for Medicaid rides. Medicaid has gone to a brokerage system and the broker has done a good job of reducing the number of rides allowed and has effectively combined rides. Burk said as a tax payer, he appreciates they are utilizing his tax dollars wisely, but the decreased money from Medicaid means reduced match dollars from grants from the FTA (Federal Transit Administration) and Idaho Department of Transportation and other grant sources. Burk said without all of that match money, he foresees in the future an increased burden from the citizens to make up that difference in order to maintain the level of service that TRPTA provides. If the Council is interested in expanding the services in Ammon, TRPTA will be doing studies this year to examine community needs. Burk invited the Council to participate in the study. Burt said TRPTA is hoping for increased support from the City of Ammon. Councilmember Slack said he has seen TRPTA on news programs, and asked how TRPTA’s efforts have been received by other municipalities. Burt said good and bad. They have had some success with funding and some disappointments. Burt said Salmon is considering increasing their funding. Idaho Falls over the years has had some expectations that TRPTA hasn’t been able to achieve. TRPTA is negotiating with the City of Idaho Falls on how they can better meet Idaho Fall’s expectations so they can maintain current funding from them. Burk said the City of Idaho Falls is considering an increase in funding or decreasing funding based on how that turns out. Growth in Rexburg is ridiculous, and they are facing challenges with transportation. Rexburg is considering $60,000 to fund a route. Councilmember Slack asked if Iona and Ucon were contributing. Discussion ensued regarding the amounts that Iona and Ucon contribute. Burk said that Bonneville County is a major contributor. Lynn Seymour, 2500 Ross said they are doing some exciting things. TRPTA is working with LCS Planning Transportation to update the five year transportation plan. TRPTA is also working on the FTA circulars on what they call a Coordinated Human Service Transit Plan. They are working to see how they can coordinate some of the services for the for profit companies. Lynn said they are doing an outreach program, and looking for input. Lynn said another thing they need to do for the all the Idaho Falls urbanized area is we need all of the elected officials to start getting together and look at it as an Idaho Falls urbanized area transportation system, not just Ammon or Idaho Falls. Etc. Lynn said in the past Ammon has provided $5000 but the total funding needed for urbanized area demand response is $300,000. Lynn said TRPTA is the sole wheel chair capacity provider for the Idaho Falls urban area. Councilmember Christensen asked if she had any data on the usage by municipality. Lynn said when they moved to Ammon, they continued using Idaho Falls as the address for the entire urbanized area so their database does not differentiate whether it is an Ammon address or an Idaho Falls address. In the Idaho Falls urbanized area last year they averaged 3,406 demand response rides per month. Councilmember Coletti asked if there are other stops besides the door to door. Lynn said only in Idaho Falls. The requested $300,000 is just for demand response not the Idaho Falls route system. The only public stop in Ammon is at Wal-Mart on Hitt Road, but that doesn’t mean they can’t expand it. Discussion ensued regarding the routes and pickups. Lynn said there is federal money available, but she is unable to access it without any match money. Councilmember Powell asked if the federal money is a 50/50 match. Lynn explained the percentages of the match. Councilmember Coletti asked how much of the fares play into the funding. Lynn said in Idaho Bonneville County Housing Authority meetings they are complaining that $3 is too high for one way. Lynn explained her fees, income and expenses. Councilmember Slack asked what Lynn was doing with the $215,000 left over in their net income. Lynn said when Health and Welfare went to Melina and to AMR, the brokerage system, she had no way of determining how much of the Medicaid revenue was being generated in each of the areas, and for auditing purposed everything was pushed into the Idaho Falls route system. Councilmember Christensen said so this is only a portion of your profit loss, and asked if there is a balance sheet for the entire TRPTA organization. Lynn said yes. She has the information on Quick Books pro. Councilmember Powell asked what benefit Ammon tax payers get from participating in TRPTA. Lynn said people can call and get a ride for $3 as opposed to $10 a ride from a profit company and for people on a fixed income this is very important. TRPTA is the only public transportation provider for people in wheelchairs. The Council thanked Lynn for her comments. Discussion ensued regarding the previous funding and participating in the committee to let them know what the City of Ammon needs. 57 City Council Minutes 5-3-12Page of Tom Hunsaker, 2925 Carolyn Lane said he was glad the old CART bus system had a stop at Lion’s Park for people to get to the Idaho Falls Public Library, until his kids were stranded at the library and he found out the stop at the library was an on demand stop. Tom said the City needs both systems to help provide people in wheelchairs with a regular transportation system. 2. Tree City USA Presentation: Gary Bates, 2445 John Adams, Idaho Falls said he is the South Idaho Urban Forester. He works with cities from MaCall to Montpelier and assists them with their tree programs. Gary works with the Idaho Department of Lands. Gary said he is here to present the City of Ammon with its tenth Tree City USA Award. He will be working on a tree inventory in the original town site and the parks in assessing the trees and their maintenance requirements as a community service project. Gary said he is here to present the City two more community entrance signs.Gary said the City of Ammon is under the tree committee system where they advise Ken Knoch or the Council on the care of the publicly owned trees. 3. Misc.: Parks Director Ken Knoch said for the next week or two he will be presenting the Tree City USA Awards to different Cities in S.E. Idaho. Ken has been employed with the City for almost ten years, and in that time he has planted 700 trees. Ken said he has spoken with Glen Pond at Rocky Mountain Power about a possible contribution for a swimming pool project. Ken said Rocky Mountain Power is contributing $2,500 for the pool expansion project. Ken said the donation from Rocky Mountain Power will be used to purchase umbrellas, tables and chaise lounges to be used at the pool. The Council said that was very nice. Lance said at one point he thought the City would need to pay to install septage receiving stations either here or at the sewage treatment plant for when the sewer jet trap cleans out a manhole. Councilmember Kirkham said we won’t do that now, and Dave Noel said if we put a septage receiving station in Ammon it would require different EPA (Environmental Protection Agency) and DEQ (Department of Environmental Quality) requirements. Councilmember Kirkham said the other plan will work better and be a lot more cost effective. It will be about $167,000 for a concrete vault with a valve on it to release the septage into the sewer line intermittently when there is not a lot of flow. Lance said septage is eight times more concentrated than sewage. Ron said he and Shawna Avery, the City’s Enforcement Officer sent an email to the Bonneville County Republicans and the Democratic Party Committee regarding issues with political signage. Ron explained that Shawna removed several signs and let the two parties know they can reclaim the signs at the City of Ammon offices. Ron said Bruce Patterson told him the parks building is now connected to the fiber and the pool will be connected in the next few weeks. Ron said Bruce has disconnected from Cable One which was costing the City $370 per month and the pool will be $90.00 less per month. Ron explained that it will be a total savings of $450 per month because of installing the fiber. Councilmember Christensen said he has spoken with several people that live in areas with a lot of speeders. Councilmember Kirkham said the city has one of the speed limit trailers. Councilmember Powell asked Councilmember Christensen to text him with the corner or address where drivers are speeding and he will get the trailer sent out. Councilmember Slack said he had a conversation with Quinn Whippel of QuickNet about the fiber. Councilmember Slack said they were concerned with the way it has been being presented to business owners, and questioned a $200 connection fee. Ron said he spent some time talking with Bruce after Councilmember Slack emailed him. Ron said that sheet is not given to customers for them to calculate the fee themselves. Quinn specifically requested the sheet, because he wanted to know how the calculations were done. Ron said Bruce told Quinn before he could give him a final decision of where it was going to be, he would have to come out to the site. Quinn pushed him for the calculation sheet and Bruce gave it to him. Ron said Bruce never represented a specific connection fee to Quinn. Ron said the $200 that Quinn says we charge is not true. Ron explained the fiber fees. Ron said Bruce would be happy to sit down and talk about the fees. Councilmember Kirkham asked Ray about the water issue and how do we make sure it doesn’t happen again. Ray said the City has had three events this year and he feels they have been wind related. Ray said one of them didn’t affect too much and it happened during the daytime and it was a day when the City experienced 90 plus mile per hour winds. Ray said he believes what is happening is, our systems are designed so that when the power goes out there is a time delay and if it senses the power is still out then the generators start. Ray said he feels that what is happening is that these intermittent outages are happening within a few seconds of each other. Ray said it powers on and then quickly powers off which takes out some of the electronics causing a communications failure, but no alerts went out to notify personnel of the outage so the tank ran dry. Councilmember Kirkham said when it’s windy to check more. Discussion ensued regarding recent water outages. Councilmember Kirkham asked how Ray knew the City was out of water. Ray said the on call phone. Discussion ensued about the fiber needing to be connected at the water tank. 67 City Council Minutes 5-3-12Page of Councilmember Kirkham said she received a call from Costco’s broker, and said they will be in Ammon on May 22nd to go through all the onsite review. Councilmember Kirkham said there are 13 locations they are looking at. Councilmember Kirkham said even though there are two that they are the most interested in, they will give the courtesy of looking at all 13. Councilmember Kirkham said the broker told her he feels confident that the City’s refusal to do offsite improvements is a deal breaker for them. Discussion ensued regarding Hitt Road improvements. Ron said the Council needs to remember that Hitt Road belongs to the City of Idaho Falls and is not ours. Councilmember Kirkham said she has mixed feelings about this whole thing because the City always tries to be fair and equitable, and every business that comes into Ammon tries to negotiate a development agreement. Councilmember Kirkham said if other businesses in Ammon can’t see the benefit that Costco brings to them by economic development she is not sure how to deal with that. Councilmember Kirkham said she has spoken with several small business owners and asked them how they feel about the City helping Costco when we probably wouldn’t help them and she feels they are fine with it and they see what a benefit it is to our City as far as future economic renewal. Councilmember Christensen said it is a question of whether we pay for it first and then get reimbursed through frontage fees, or whether the City have Costco pay for it first and then be reimbursed by future developers. Councilmember Kirkham said they will not do that and refuse to have their money tied up like that. Councilmember Kirkham said businesses are going to want to be next to Costco and they will pay for it. Councilmember Slack said he feels there is a legitimate need for a short payback period for any building fees waived, and he thinks with the economic development that would be spurred by them being there, it wouldn’t be a very long period of time. Councilmember Kirkham said they feel that our offer is equal to the City of Idaho Falls, because they are offsetting power savings with property taxes. Discussion ensued about the building value. Councilmember Thompson asked if the Council can legally borrow from one fund to support another fund. Scott said if you do it as an interdepartmental loan and there will have to be loan agreements. Councilmember Kirkham asked Ron to begin working on an ordinance, because she would feel better if there was one in place. Councilmember Christensen requested that Ron email him a copy of the City of Idaho Falls Ordinance. Discussion ensued regarding the estimated cost of improving Hitt Road. Councilmember Powell said he met with the Sheriffs Department today and received the preliminary figures for the contract. Councilmember Powell said the City will see a less than a 1% increase, but he is estimating a 6% increase for next year based on fuel costs. Discussion ensued regarding the possible increase for the Sheriffs contract. Council determined to take the 1% increase and see what the increase is for next year. Councilmember Powell said he talked to Bonneville County about the DARE program, and they are working with Iona and Ucon to get them up to parity. Councilmember Powell would like to set up a meeting with the Council, District 93, and the Sheriff’s office to go over how the funding is going to work. 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 Powell moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1-c, f & b). Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 9:20 p.m. ___________________________________________ Steven Fuhriman, Mayor ___________________________________________ Ron Folsom, City Clerk 77 City Council Minutes 5-3-12Page of