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09132012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 13, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA – REGULAR SESSION THURSDAY, SEPTEMBER 13, 2012 – 4:30 P.M. CALL TO ORDER: Councilmember Dana Kirkham at 4:30 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Kirkham MINUTES: None ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board): CONSENT AGENDA: Accounts Payable – Exhibit A ADJOURN LIGHTING DISTRICT BOARD AND RE-CONVENE AS CITY COUNCIL: ITEMS FOR/FROM TREASURER: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1. Authorize Interest Payment for Sewer Bond $965,759.87 2. Authorize Mayor to Sign Purchase Order for Sanitation Truck 3. Authorize Mayor to Sign Snow Equipment Lease Agreement 4. EIRWWA Exchange Document DISCUSSION ITEMS: 1. Habitat for Humanity request for participation in World Habitat Day 2. Water Rights Purchases Report 3. BMPO Access Management Plan and MOU 4. IBSD Rate & Service Agreement 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 16 City Council Minutes 9-13-2012Page of City Officials Present: Councilmember Dana Kirkham Councilmember Russell Slack Councilmember Sean Coletti Councilmember Russell Slack Councilmember Brad Christensen City Attorney Scott Hall (Arrived at 4:37 p.m.) City Clerk, Administrator, Planning Director Ron Folsom Deputy Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates Public Works Director Ray Ellis City Officials Absent: Mayor Steven Fuhriman Councilmember Brian Powell CALL TO ORDER: Councilmember Kirkham opened the meeting in the Mayor’s absence at 4:30 p.m. at the City Hall building at 2135 South Ammon Road. Councilmember Thompson led the Pledge of Allegiance. Councilmember Slack offered the prayer. MINUTES: None ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday, September 13, 2012 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.RENEWALBUSINESS LICENSE APPLICATION: A. Crackleberry Boutique – Retail Sales – 1748 Caballero Dr. th B. Halloween Bootique/General Novelty Coach House Gifts – Retail Sales – 2625 S. 25 E. th C. Robert K. Beck & Associates P.C. - Professional Services – 3456 E. 17 Ste. #215 th D. The Cocoa Bean, LLC. – Retail Sales – 2545 S. 25 E. E. The Healing Heart Touch of Hope from Theta Healing – Alternative Medicine – 1619 Curlew Ste. # 4 th F. Fastenal Company – Retail Sales – 1572 N. 25 E., Suite B th G. Randall Orthodontics, P.A. – Orthodontics – 3285 E. 17 Street th H. Salon Monroe – Salon – 3318 E. 17 Street I. Healthy Care Solutions – Professional Service – 2475 S. Ammon Road th J. Dress Barn #1063 – Retail Sales – 3019 S. 25 E. th K. Stinker Store #101 – Retail Sales/Retail Sale Beer/Wine off Premise – 1719 S. 25 E. L. IDEACOM/ECSI – Sales, Service, Install Communications Equipment – 3550 Briar Creek Lane HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.Sugared Moose Mini Donuts/Kreizenbeck, Megan – Event Sales – 2240 Bittern Drive B.All Season Lawn Care & Maintenance/Nield Evan – Lawn Care/Snow Removal – 1900 Heather Circle C.New Image Auto Detailing, LLC/Lowry, Jared – Auto Detailing – 3951 Willow Ridge Drive D.Voiper Comm/Nicholas Jessen – I.T. Service & Sales – 3440 Rawson Street 2.RENEWAL HOME OCCUPATION PERMITS: A. Behling Small Business Services, LLC. – Tax Preparation – 3125 Rawson St. B. Bennett Dental Arts, LLC. – Dental – 3123 E. John Adams Pkwy C. The Farmers Daughter Garden – Retail Sales – 3210 Sunnyside Rd. D. Teton Adz, LLC/Timberline Adventures, LLC/Farnes, Angelina – Direct Mail Advertising – 3060 Backhand Drive 26 City Council Minutes 9-13-2012Page of LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A. Lucy’s New York Style Pizzeria Inc. – Restaurant – 2489 S 25 E ITINERANT BUSINESS LICENSE: 1. RENEWAL ITINERANT BUSINESS LICENSE: A. Cable One – Itinerant Merchant – 1525 Sherry Ave, Idaho Falls, Id MASSAGE THERAPIST LICENSE: 1. NEW MASSAGE THERAPIST LICENSE: th A. Diaz, Lorena – Massage Therapist/Massage Envy – 3047 S. 25 E. th B. Duncan, Charles W. – Massage Therapist/Massage Envy – 3047 S. 25 E. th C. Kazan, Susan – Massage Therapist/Massage Envy – 3047 S. 25 E. CHILDCARE/CHILDCARE WORKER LICENSES: 1. NEW CHILDCARE/CHILDCARE WORKER LICENSES: A.Hall, Elizabeth – Childcare Employee/ Acorn Children’s Academy – 1619 S. Curlew Ste. # 2 B.Marley, Trevyan – Childcare Employee/Acorn Children’s Academy – 1619 S. Curlew Ste. #2 C.Dominguez, Lilia Rojas – Home Childcare – 3838 Brookfield Lane 2. RENEWAL CHILDCARE/CHILDCARE WORKER LICENSES: th A.Hendricks, Ashley – Childcare Employee/Sunny Days Childcare – 4366 E. 17 St. B.Owens, Jamie – Home Childcare – 3465 Senoma Circle 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, Councilmember Slack – 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 Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board): Councilmember Kirkham moved to enter into session of the Lighting District #1 with the Council acting as the Lighting District Board. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. CONSENT AGENDA: Accounts Payable – Exhibit A: Councilmember Slack moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. ADJOURN LIGHTING DISTRICT BOARD AND RE-CONVENE AS CITY COUNCIL: Councilmember Kirkham moved the Council to enter back into regular session. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Jennifer asked the Council for approval to print accounts payable checks on the last day of the month, because it is easier to print them in the current fiscal year instead of coding them to period 13. Jennifer explained that 36 City Council Minutes 9-13-2012Page of she wouldn’t send the payments until the Council approved them at the October 4th Council Meeting. Council is ok with Jennifer printing the checks. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: None ACTION ITEMS: 1. Authorize Interest Payment for Sewer Bond $965,759.87: Jennifer explained that this payment is for the interest accrued for the sewer bond through September 30th. Jennifer is asking the Council for authorization to pay only the interest that has accrued during the project. Councilmember Slack said this has been the Council’s intention all along. Councilmember Slack moved to authorize the Interest Payment for the Sewer Bond in the amount of $965,759.87. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. 2. Authorize Mayor to Sign Purchase Order for Sanitation Truck: Ray explained that over the last year and a half there have been issues with the current sanitation truck, and over that course of time he had considered proposing an emergency purchase; which he did not do. Ray said the specifications he issued for the sanitation truck were very specific regarding what the City needed. Ray said he only received a single bid from a local supplier. Ray said the bid is $313,000 and his department budgeted $325,000. Councilmember Kirkham asked how big the City would need to be before it will need more than one truck. Ray said he didn’t know, and his crew is currently running a four day week. Discussion ensued regarding issues with the current sanitation truck. Councilmember Christensen said he would like Ray to take an additional seven days to look at a few more options. Discussion ensued regarding the maintenance costs associated with the sanitation truck. Ray said he has spent the last 18 months looking into alternatives to purchasing a new sanitation truck. Councilmember Kirkham said it has been her experience that Ray does the best job he can do with the least amount of equipment for the City. She also recognizes that when the City decided to go to the automated system for the garbage, we knew the day would come when the City would need a backup truck. Councilmember Kirkham feels this is the appropriate decision to make at this time. Councilmember Coletti asked if Ray could give an example of some of the alternatives he has looked at. Ray said he recognized the shortcomings and the learning process when we went to the automated system, and what the truck would and wouldn’t do. Ray said as we look at a refurbished unit, are we buying into the same issues we already have. Ray explained the shortfalls of purchasing a refurbished truck. Councilmember Kirkham said that for every piece of equipment that has been purchased; the City has weighed the option between leasing and buying; and to date, economically it has been better to purchase. Scott Hall said it was a $70,000 savings a year in Workman’s Compensation when the City went to the automated system. Councilmember Christensen addressed Ray and said he hoped that Ray didn’t feel disrespected by him, and that he doesn’t feel Ray has been frivolous with his department budget. Ray said he tries to weigh all the options to be able to make the best recommendation to the Council. Discussion ensued regarding the life and value of the existing backup sanitation truck. Councilmember Kirkham moved to authorize the Mayor to Sign the Purchase Order for Sanitation Truck. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. 3. Authorize Mayor to Sign Snow Equipment Lease Agreement: Ray explained that this lease is for a compact loader, and that it has a five year lease that will run year to year. Leasing the equipment will allow the City to reduce the snow budget by approximately $20,000. Scott Hall explained that in the lease there are appropriation provisions, so that if the City decides not to appropriate funds in any given year, Western States will take it back and then it would become a year to year lease, and the City has the advantage of renewing for five years. Discussion ensued how the equipment would be used throughout the year. Councilmember Kirkham moved to Authorize the Mayor to Sign the Snow Equipment Lease Agreement for $11,613.82. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. 4. EIRWWA Exchange Document: Scott Hall explained that the EIRWWA Exchange Document is an easement, warrantee deed, and an MOU (Memorandum of Understanding). Scott said the treatment plant is on the City of Shelley’s property, and this document would move the ownership of the property into EIRWWA, it gives an easement to allow the City of Ammon to get onto the property, and the MOU provides that the City of Shelley, in exchange for that property, will receive 67 ERU’s. Bonneville County and the City of Shelley have approved the document, but are unsure of where Bingham County is with it, and they are waiting 46 City Council Minutes 9-13-2012Page of for the City of Ammon. Councilmember Kirkham said Cleon has not been present for the last two meetings, so she doesn’t believe Bingham County has seen the document yet. Councilmember Kirkham said this should have happened a year ago. Discussion ensued. Councilmember Kirkham moved to approve the EIRWWA Exchange Document, providing the City of Shelley with ERU’s in exchange for the land to include the MOU, Easement, and Warrantee Document. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. DISCUSSION ITEMS: 1. Habitat for Humanity request for participation in World Habitat Day: Ron said they are holding a fund raiser similar to the MDA’s where they put volunteers in pretend jail and raise funds by asking for pretend bail money. Ron asked if any of the Councilmembers wanted to volunteer to go to jail too. Councilmember Kirkham asked if the Council had anyone in mind that would participate. The Mayor will represent the City. 2. Water Rights Purchases Report: Ron said the first set of water rights is near finalization, and in the next week the Council would see a check cut for the first set of water rights. The second water rights were just applied for, and Dale said the reason they held them was he felt if there should be any question about transferring the rights, submitting two requests at once could create some controversy; the protest time for the first round has completed. Discussion ensued regarding the water rights in the water bank. Council concurred to leave the water rights in the Water Bank. 3. BMPO Access Management Plan and MOU: Lance said both the BMPO, and the Technical Advisory Committee have approved the Access Management Plan. Lance said this is a new Access Management Plan and replaces the one released in 1998 and it is a significant improvement. Lance said this plan does a much better job of addressing issues concerning intersection spacing, and right of way preservation, and includes a couple different maps about which corridors should be preserved at what right of way width. Lance said the MOU is not ready for adoption or signing by any of the entities. Lance said he has provided copies to Ron Folsom, and Scott Hall, to get comments back to BMPO; he feels as we move forward, City staff will want the Council’s approval to use this new Access Management Plan, and to sign the MOU when it’s ready. 4. IBSD Rate & Service Agreement: This item has been moved to the next Council meeting discussion items. 5. Misc.: Jennifer said she and Councilmember Slack had talked about modifying the utility statement to include an area for people to be able to donate to the EITC scholarship. She said she spoke with Ron, Scott, and Judy and said anyone who makes a donation to an educational institution of $250 or more, needs a receipt for tax purposes, and this would create a lot more work for her. Jennifer explained the process she would be required to follow if constituents were able to make donations through the City. Jennifer does not want to take donations through the City, but she would like to put something on our website. Councilmember Coletti wondered if there was a way to link directly to EITC through the City’s website for the donation. Ron said he is sure that would be possible. Ron will get with Bruce Patterson about obtaining the link. Ron said Senator Hill is looking at eliminating the personal property tax, and he sent a letter to the City asking about our budget. Jennifer has responded to the letter, but one question was if they give us the ability to just simply raise our mill levy the amount we are losing in property taxes; would the City do that. Ron said Jennifer wrote a very good explanation that it was likely and gave the reasons why, but did not want to commit to something that the Council didn’t agree to. Councilmember Kirkham said if we don’t have personal property tax, what is the Levy affecting. Ron said it would raise the mill levy for residential and commercial. Scott Hall said you have to replace the tax with something so they would automatically increase the mill levy. Scott said personal property is a nightmare because nobody understands it. Discussion ensued regarding personal property taxes. Scott Hall commented on the 9/11 event and felt that Councilmember Coletti did an amazing job. Councilmember Christensen addressed events in the past six months in his subdivision and in Hawks Landing, he would like the sheriff’s to explore the idea of waiting to catch people when they steal. Scott said to visit with the sheriff’s office and ask them to set up a trailer for surveillance. Councilmember Coletti will contact the sheriff’s office about getting a trailer. 56 City Council Minutes 9-13-2012Page of Councilmember Christensen said he spoke with Hal Petersen, the Library Board Director and said he is looking into buying a book mobile. Councilmember Christensen said he will attend their next meeting and campaign for the book mobile. Councilmember Kirkham said she thinks the Council has always felt a book mobile is a more feasible idea rather than having an independent building. Councilmember Christensen said regarding the MOU with the City of Idaho Falls; he spoke with Tom Halle at the gas station the other day. Councilmember Christensen said he feels the Council should set up a meeting in a more non formal way and address the MOU. Councilmember Kirkham congratulated Bruce Patterson for obtaining the $275,000 grant for the 911 model. Councilmember Kirkham and Councilmember Coletti met with the School District and with the Bonneville County Sheriff today about DARE and proposed that we split the cost three ways. The City’s portion would be $10,000. Councilmember Slack asked if there would be any benefit in talking with the YMCA. Councilmember Slack said the YMCA has been successful throughout the Country in partnering with both cities and school districts in creating a positive atmosphere, and with facilities that have been shared by those entities. Councilmember Kirkham said the Council has had this conversation with the YMCA, but they wanted more funding than the City of Ammon was able to give. Councilmember Coletti said by the beginning of October he will need to have all articles for the entire newsletter. Councilmember Coletti would like to include information about the road work that was completed on 17th Street. Rachael explained to the Council about the ICRMP Online University completion for the 5% reduction in the City’s policy premiums. Rachael will email the link and information to the Councilmembers. Scott suggested the Council take the required classes at a work session. Councilmember Kirkham moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1-f). Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 5:53 p.m. ___________________________________________ Steven Fuhriman, Mayor __________________________________________ Ron Folsom, City Clerk 66 City Council Minutes 9-13-2012Page of