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08162012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, AUGUST 16, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, AUGUST 16, 2012 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Kirkham Prayer – Councilmember Christensen MINUTES: July 12, July 19, August 2, 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 # 5 – Midway/Eagle Interceptor DISCUSSION ITEMS: 1.Idaho Falls MOU 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 Steve Fuhriman Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Sean Coletti Councilmember Brad Christensen City Attorney Scott Hall City Clerk/Administrator/Planning Director Ron Folsom Deputy City Clerk Rachael Brown City Engineer Lance Bates Public Works Director Ray Ellis Systems Administrator Bruce Patterson City Officials Absent: Councilmember Brian Powell Councilmember Russell Slack City Treasurer Jennifer Belfield 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 Kirkham led the Pledge of Allegiance. Councilmember Christensen offered the prayer. 14 City Council Minutes 8-16-12Page of MINUTES: July 12, 2012: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, and Councilmember Coletti – Yes. The motion passed. July 19, 2012: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Christensen – Yes, and Councilmember Thompson – Abstain (Absent). The motion passed. August 2, 2012: Councilmember Thompson moved to approve the minutes, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Christensen – Yes, Councilmember Kirkham – Abstain (Absent), and Councilmember Coletti – Abstain (Absent), Mayor Fuhriman - Yes. Due to the absence of a quorum of present Councilmembers, the Mayor was asked to vote. The motion passed. ITEMS FROM MAYOR: CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday, August 16, 2012 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.RENEWALBUSINESS LICENSE APPLICATION: A. Taco El Loco – Restaurant – 2573 E. Sunnyside Rd B. The Men’s Wearhouse #2698 – Retail Sales – 1778 S. 25th E. C. TJ Sports Custom Screen Print & Embroider – Retail Sales – 2788 E. 14th N. CELL TOWER PERMITS: 1.RENEWAL CELL TOWER PERMIT: A. Technology Associates (Verizon Wireless) – Cell tower – 2483 S. Eagle Drive Ste. #1 BARTENDER LICENSE: 1. NEW BARTENDER LICENSE: A. Townsend, William – Bartender/Firehouse Grill – 2891 S. 25th E. CHILDCARE/CHILDCARE WORKER LICENSES: 1. NEW CHILDCARE/CHILDCARE WORKER LICENSES: A.Jordan, Hollie – Childcare Employee/Snake River Montessori – 2970 E. 1st Street Business License: Councilmember Coletti moved to approve the Business License Consent Agenda, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Kirkham moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): PUBLIC HEARINGS: None ACTION ITEMS: 24 City Council Minutes 8-16-12Page of 1. Change Order # 5 – Midway/Eagle Interceptor: Lance explained this change order is the end of the contract. The change order shows some quantity adjustments, and it also shows a credit for some of the things that were not spent. In the original contract Forsgren had put in a force account and that is an arbitrary number they use to inflate the bids and use it for change orders. Lance said rather than use that for change order, he brought everything to the Council so they could see it before. Lance said the change order is a net deduction of $113,924.10. Councilmember Thompson asked how much the total contract was for. Lance said the total contract was $2,596,764.60. Councilmember Kirkham moved to approve Change Order #5 – Midway/Eagle Interceptor for a reduction of $113,924.10, and authorize the Mayor to sign. Councilmember Christensen seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. DISCUSSION ITEMS: 1. Idaho Falls MOU: Councilmember Kirkham said the Council has chosen to not have any contact with the City of Idaho Falls Council until they have had a chance to speak with City Attorney Scott Hall to get his recommendations about how they should proceed. Scott asked if the Council needs more time for discussions as a Council to decide how they want to respond. Councilmember Thompson said yes, they do. Scott said the letter from the City of Idaho Falls essentially said your response that it is a contract is true, and you can bind a future council if you want to obtain judicial confirmation of that. Scott said for twenty years, the position he has always taken with the Council is to be very cautious before you ever bind another Council, because he has yet to see a circumstance where things didn’t change and it ended up being not what you really wanted. Scott said the points of the MOU (Memorandum of Understanding) and what the Council wants to do are fine and it really ought to be an MOU, but it really should be a two page document and not a ten page contract. Councilmember Kirkham said it was interesting that the letter came back that way, because in the meeting, the idea that it was a contract really wasn’t even focused on. Councilmember Kirkham said it was a random comment that Councilmember Slack made at the beginning at the meeting. Councilmember Kirkham said at the meeting, Councilmember Slack said in some respects this feels more like a contract than an MOU, and then it comes back that the City of Ammon Council views it more as a contract and don’t want to sign it and she doesn’t feel that is a fair representation of what happened. Councilmember Coletti said there is no question that the City of Idaho Falls views it as a contract. Councilmember Kirkham said she feels the City of Idaho Falls is saying the City of Ammon Council is not willing to keep their word, and she feels it’s unfair because whatever the Council puts in writing here, because we aren’t binding through specific dollar amounts, and there isn’t any question that we would honor it. Scott said you would honor it as long as it was appropriate to honor it in relation to the City’s constituents. Scott said regarding the prior MOU, for the City of Idaho Falls to say the City of Ammon didn’t fully comply with the MOU and did not pay its half, would be totally ludicrous. Scott said the Council needs to decide if they want a contract or an MOU. Discussion ensued regarding the MOU. Councilmember Kirkham said her only concern is that the City of Ammon has the commercial corridor on Hitt Road that may potentially need to be developed sooner than later. Scott said it is being addressed right now, and unless they don’t want to honor the MOU. Councilmember Coletti said we can’t be blind to their interpretation of the existing MOU. Scott said if you look at course of performance over the last fifteen years under the current MOU, there has been a very real course of performance. Councilmember Kirkham said the City of Idaho Falls’ argument is that the City of Ammon hasn’t paid a dime, our developers have. Scott said some of their developers have as well. Scott said really all the MOU needs state is, it recognizes who the parties are, recognize they have a joint boundary, and in order to facilitate the boundary here is what the parties agree to. Councilmember Coletti said the Council has suffered a little bit from vagueness, and can see the benefit to agreeing on a few more terms, but as an MOU. Scott said as he understood the Council’s concern, in order to appropriately represent the constituents in changes that may occur and to allow future Councils the opportunity to do that and not bind them. Scott said that is why entities all over the country use MOU’s. Councilmember Kirkham doesn’t want to be in a situation again like the City was with 1st street when the City of Idaho Falls constructs their side of the road and the City of Ammon’s side is left undeveloped. Councilmember Coletti feels the next communication with the City of Idaho Falls should be verbal. Councilmember Kirkham said she has already put a call to City of Idaho Falls Councilmember Mike Lehto, because Scott Bishop at Woodbury Corporation contacted her and they are concerned about the median on Hitt Road. Discussion ensued regarding the next contact with the City of Idaho Falls Council regarding the MOU. 2. Misc.: Public Works Director, Ray Ellis reported on the 49th Street construction. Councilmember Christensen said there were a lot of stop sign tickets issued the first day of construction. Scott suggested speaking with the prosecutor about the tickets.Ray said the construction will be complete one week from tomorrow. Councilmember Kirkham asked if it was going to be a four way stop. Lance said the warrants are not there for a four way stop at that intersection. Discussion ensued regarding the accident history at the 49th Street and Ammon Road intersection. Councilmember Coletti explained TRPTA (Targhee Regional Public Transportation Authority) had prepared a survey for the City of Ammon citizens. Councilmember Coletti said after attending the meeting, TRPTA and asked if the City Council had any 34 City Council Minutes 8-16-12Page of suggestions. Ron said Bruce Patterson could add to the paper survey to give the option of going to the website. Councilmember Coletti will say there are no plans, it is just a survey. Discussion ensued regarding the survey. Councilmember Thompson asked if staff has heard anything from Guy Blisner about the foot bridge. Lance explained there were supplies needed, and the canal needs to be empty to do so. Councilmember Thompson asked if we are going to help pay for that. Lance said the City committed to paying for half of it. Mayor Fuhriman said he walked over the bridge and didn’t feel the bridge was in bad condition. Councilmember Coletti asked Scott who would bear the liability for the foot bridge. Scott said he has never seen an agreement, and doesn’t know if there ever was one. Discussion ensued regarding the foot bridge at Sandcreek. Councilmember Kirkham handed out the proposed IBSD agreement to the Council and asked them to take some time to review it. Councilmember Kirkham explained that this is the fourth time this has gone back and forth and they are trying to come up with verbiage that everyone can agree on. Councilmember Thompson thought we were going to bill them the City’s current rate. Councilmember Kirkham said the City is billing them the current rate, less the operation & maintenance and that is how we came up with the $32.00. Councilmember Kirkham is open to any ideas for verbiage that would capture some ideas. Discussion ensued regarding the IBSD agreement. Councilmember Coletti told the Council that it is time to prepare the fall/winter newsletter, and would like ideas for articles. EXECUTIVE SESSION: None Councilmember Kirkham moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1-f). Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 7:56 p.m. ___________________________________________ Steven Fuhriman, Mayor ____________________________________________ Ron Folsom, City Clerk 44 City Council Minutes 8-16-12Page of