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03072013CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MARCH 7, 2013 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, MARCH 7, 2013 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Kirkham Prayer – Councilmember Christensen MINUTES: None ITEMS FROM MAYOR: Declaration of April as Fair Housing Month. CONSENT AGENDA: Accounts Payable – Exhibit A PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: NONE ACTION ITEMS: 1.District 93 Contract to provide fiber services 2.Change Order – Segment C – Knife River (decrease) 3.Final Pay Request – Knife River 4.Authorize Closing of Sewer Bond 5.Approve and authorize Mayor to sign IBSD Rate and Service Agreement 6.Ordinance 524 – City Code Amendments and Adoption Titles 1-9 7.Appointment Josh Cunningham and Rob Jagielski to Planning and Zoning Commission for 3 year terms to expire December 31, 2015. DISCUSSION ITEMS: 1.Commercial wastewater permits application process. 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 Rex Thompson Councilmember Dana Kirkham (arrived at 8:08 p.m.) Councilmember Brian Powell Councilmember Sean Coletti Councilmember Brad Christensen City Clerk/Administrator/Planning Director Ron Folsom Deputy City Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates Public Works Director Ray Ellis I.T. Director Bruce Patterson City Officials Absent: City Attorney Scott Hall Councilmember Russell Slack 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. Boy Scout Dillon Keele led the Pledge of Allegiance. Councilmember Christensen offered a prayer. 15 City Council Minutes 03.07.2013 Page of MINUTES: None ITEMS FROM MAYOR: Declaration of April as Fair Housing Month: Mayor Fuhriman read into the record a document declaring April as Fair Housing Month. CONSENT AGENDA: Accounts Payable – Exhibit A: Councilmember Powell moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): Karen Anderson, 755 Tie Breaker brought an exhibit of a mailbox post that had been bent from a car striking it. Karen said she lives close to the White Pines Charter School, Tie Breaker Elementary, and Lighthouse Montessori School. She lives about fifty feet from a cross walk, and on Tie Breaker they have approximately six bus stops; this is a big outlet for school kids. The pole was hit at about 9:00 a.m. and Karen said if the person that hit the pole had been in the neighborhood fifteen minutes earlier, a child could have been killed. Karen explained she has spoken with the owner of the car, Club, Inc. personnel, to the driver of the car, Councilmember Kirkham, and Sheriff Paul Wilde. She learned from talking to these people that there was a woman named Michelle that had been in Club Inc. housing, but because she violated the terms of the housing, she was kicked out of the program. Karen said when Michelle hit the pole, she was abusing prescription medication. Karen said it was explained to her that Michelle had a seizure the night before and was on a prescription medication that clearly indicated she should not operate any machinery. Karen was told that Michelle went back to her boyfriend’s home and took double the prescribed amount of medication; this was witnessed by the father of Michelle’s boyfriend. Karen said Michelle got into the car, and while on her way to the Club Inc. house she had lived in, she hit Karen’s mailbox. Karen said according to Officer Cornelison, Michelle was not ticketed for damaging the mailbox. Karen indicated on the map displayed, the route Michelle drove after she hit the mailbox. Karen does not feel that the Club Inc. house is adequately supervised, and doesn’t believe they are in compliance with the State Statute. Karen said she respectfully request that there be no more Club Inc. homes allowed in that corridor. Councilmember Christensen said he spoke to Rachel Olson, and she suggested he come to the Tiebreaker School on Monday morning at 8:00 a.m. to see what a zoo it is. Councilmember Christensen asked Ron about the State Statute. Ron said there are other Club Inc homes in the City, but there have not been nearly the amount of police calls as there have been at the ones in the Tiebreaker subdivision. Ron said indications from the Sheriff’s Department are that there is not much supervision at that particular Club Inc. home. Ron read the State Statute. Discussion ensued regarding group homes and the requirements. Ron discussed the police call report he received, and noted that there had been fifteen calls at the Club Inc. home located at 963 Tiebreaker. Ron will contact Brett Waters regarding the amount of supervision at the Club Inc. Tiebreaker group homes. PUBLIC HEARINGS: None ACTION ITEMS: 1. District 93 Contract to provide fiber services: Bruce Patterson said the Council had a chance to look at the contract before he took it to District 93, there were no changes of any substance, and District 93 has signed it, and would like to go to contract. Bruce said he would like the Council’s approval. Bruce introduced Lane Virgin, and Scott Woolstenhume who is the director of the Technology Department; Bruce thought the Council would like to meet them and ask any question they may have. Councilmember Powell asked Lane and Scott if they had any questions or concerns. They answered no. Councilmember Christensen asked how many schools would be receiving fiber. Bruce said there are four schools that would receive fiber. Councilmember Christensen asked how Bruce would be getting fiber to the Falls Valley School. Bruce said the City received the permit from the City of Idaho Falls today. Discussion ensued regarding where the school district sees their future use of fiber connection. Councilmember Powell moved to approve the District 93 Contract to provide fiber services, and authorize the Mayor to sign. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, and Councilmember Coletti – Yes. The motion passed. 2. Change Order – Segment C – Knife River (decrease): Lance explained that this change order is a combination of a couple different things; one is a quantity adjustment, and the other is a deduct change order which will take some things that have been dragging on out of the contract. The second part of the change order was due to some unit price reductions, and because of the force account. Lance explained that rather than using the force account, he brought change orders to the Council for approval to keep the costs down. 25 City Council Minutes 03.07.2013 Page of Councilmember Powell moved to approve the Change Order – Segment C – Knife River for decreases of $125,972.31 and authorize the Mayor to sign. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Thompson– Yes, and Councilmember Coletti – Yes. The motion passed. 3. Final Pay Request – Knife River: Lance explained the final pay application has been prepared, and the amount that will close out the contract completely is $113,369.70 Lance is recommending the Council approve the payment, and authorize the Mayor to sign. Councilmember Powell moved to approve the Final Pay Request – Knife River in the amount of $113,369.70 and authorize the Mayor to sign. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 4. Authorize Closing of Sewer Bond: Ron explained that he needs the Council to make a motion directing staff to move forward with closing the bond. Ron said there are multiple invoices that staff are waiting for Forsgren to provide, and have asked Stephanie Bonney to have the documents ready to close the bond on March 28th. Ron said the Council would need to move the Council meeting for March 21st to March 28th. Councilmember Coletti moved to authorize staff to begin proceedings for closing of the Sewer Bond. Councilmember Christensen seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 5. Approve and authorize Mayor to sign IBSD Rate and Service Agreement: Ron explained the IBSD Rate and Service Agreement. Discussion ensued regarding the agreement and payments. Councilmember Powell moved to approve the IBSD Rate and Service Agreement, and Authorize the Mayor to sign. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. 6. Ordinance 524 – City Code Amendments and Adoption Titles 1-9: Ron explained the changes in Titles 1-9. Councilmember Christensen read “Ordinance 524 – City Code Amendments and Adoption Titles 1-9. AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, TITLE 1, GENERAL ADMINISTRATION, CHAPTER 3, DEFINITIONS AND CONSTRUCTIONAL RULES, CHAPTER 6, COUNCIL, CHAPTER 11, ELECTIONS; AMENDING TITLE 4, BUSINESS REGULATIONS, CHAPTER 1 BUSINESS LICENSES, CHAPTER 5, AMUSEMENTS, CHAPTER 9, ITINERANT MERCHANTS, MOBILE FOOD VENDOR, CHAPTER 10, PAWN BROKERS, SECOND HAND PRECIOUS METALS DEALERS, SECOND HAND STORES, CHAPTER 11, SCRAP DEALERS, CHAPTER 13, HOME OCCUPATIONS; AMENDING TITLE 5, CRIMINAL CODE, CHAPTER 9, LITTER AND WEED CONTROL, CHAPTER 12, BURGLAR/ROBBERY ALARMS; TITLE 6, HEALTH AND SAFETY, CHAPTER 2, FIREWORKS, ADOPTING A NEW CHAPTER 5, EMS RADIO REGULATIONS; AMENDING TITLE 8, PUBLIC UTILITIES AND PROPERTY, CHAPTER 1, SEWER, CHAPTER 3, WATER; CHAPTER 5, PUBLIC RIGHT OF WAY CONSTRUCTION, CHAPTER 8, MAINTENANCE AND CONSTRUCTION OF SIDEWALKS AND CURBS; TITLE 9, TRAFFIC REGULATIONS AND CONTROL, CHAPTER 1, TRAFFIC REGULATIONS, CHAPTER 6, BICYCLES; 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 Christensen – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. Councilmember Christensen read “Ordinance 524. AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, TITLE 1, GENERAL ADMINISTRATION, CHAPTER 3, DEFINITIONS AND CONSTRUCTIONAL RULES, CHAPTER 6, COUNCIL, CHAPTER 11, ELECTIONS; AMENDING TITLE 4, BUSINESS REGULATIONS, CHAPTER 1 BUSINESS LICENSES, CHAPTER 5, AMUSEMENTS, CHAPTER 9, ITINERANT MERCHANTS, MOBILE FOOD VENDOR, CHAPTER 10, PAWN BROKERS, SECOND HAND PRECIOUS METALS DEALERS, SECOND HAND STORES, CHAPTER 11, SCRAP DEALERS, CHAPTER 13, HOME OCCUPATIONS; AMENDING TITLE 5, CRIMINAL CODE, CHAPTER 9, LITTER AND WEED CONTROL, CHAPTER 12, BURGLAR/ROBBERY ALARMS; TITLE 6, HEALTH AND SAFETY, CHAPTER 2, FIREWORKS, ADOPTING A NEW CHAPTER 5, EMS RADIO REGULATIONS; AMENDING TITLE 8, PUBLIC UTILITIES AND PROPERTY, CHAPTER 1, SEWER, CHAPTER 3, WATER; CHAPTER 5, PUBLIC RIGHT OF WAY CONSTRUCTION, CHAPTER 8, MAINTENANCE AND CONSTRUCTION OF SIDEWALKS AND CURBS; TITLE 9, TRAFFIC REGULATIONS AND CONTROL, CHAPTER 1, TRAFFIC REGULATIONS, CHAPTER 6, BICYCLES; PROVIDING FOR 35 City Council Minutes 03.07.2013 Page of SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move the adoption of Ordinance #524 and Summary as an ordinance of the City of Ammon on its third and final reading.” Councilmember Coletti seconded. Roll Call Vote: Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 7. Appointment Josh Cunningham and Rob Jagielski to Planning and Zoning Commission for 3 year terms to expire December 31, 2015.: Ron explained there have been two openings since Commissioner Quinn Simmons moved to Boise, and the Planning and Zoning Commission has been missing a County representative for almost a year. Ron said he met with Serena Cunningham who is Josh Cunningham’s wife. Ron said they are on the Parks and Recreation Committee, they are very active in the community, and they live in the county in the house Serena grew up in. Ron explained that Rob Jagielski works for the City of Idaho Falls in the sewer department. Councilmember Christensen moved to approve the appointment of Josh Cunningham and Rob Jagielski to the Planning and Zoning Commission for three year terms to expire December 31, 2015. Councilmember Coletti seconded. Roll Call Vote: Councilmember Christensen – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. DISCUSSION ITEMS: 1. Commercial wastewater permits application process: Lance said he wanted to bring the Council up to date with what the Region is doing. The Region uses an industrial and a commercial permit process in order to get commercial businesses hooked up to the sewer. Lance explained that the City needs to move forward and adapt to the permitting process the Region is using. The City uses an ERU (Equivalent Residential Unit) calculation sheet, but the calculation sheet doesn’t necessarily correspond with information the wastewater treatment plant might need to know such as the amounts of fats, oils, greases, and what would happen if those amounts are violated. Lance said one of the items discussed at the Regional meeting was how long the permits would be issued for. Lance said he would like the Council to think about, and decide how long they want the permits to cover. Councilmember Coletti asked Lance what Forsgren was recommending. Lance said they are recommending five years, but a lot can happen in five years. Councilmember Coletti said assuming that we are going to be more unified with the Region in the future, do you think we can get some agreement on three or less. Lance said as we move forward, yes, and mentioned the EIRWWA Board also felt five years was too long. Discussion ensued. 2. Misc.: Lance said School District 93 has approached the City with a concept of possibly vacating part of Owen Street from the west side of Carolyn. The School District would like to take over ownership. Guy Blisner, School District 93 Health and Safety Coordinator said they had a similar situation with Cloverdale Elementary. The County abandoned a section of road to the School District and they are reconfiguring it to deal with the traffic flow, and that is the issue at Owen Street. Guy said the use of their facilities may change, and this would give the School District some flexibility. Councilmember Thompson said originally the City abandoned Owen Street which included abandoning the easement. Eventually the City had to go back to the School District and paid $7 per square foot to buy back the easement which made it the most expensive property in the City of Ammon. Councilmember Thompson said he is happy to let the School District do what they want to with the property, but he does not want to abandon the easement. Guy said they would not ask the City to abandon the easement. Councilmember Kirkham said she agrees, but she believes the City can protect the easement and still vacate the road. She sees an advantage to vacating it, because the City won’t have to maintain it. Ray Ellis said he is concerned about the City causing damage to and having to repair the surface that currently is protected by asphalt while maintaining the underground infrastructure. Councilmember Kirkham thinks the City can vacate the road with an agreement; it’s a new day and she feels we can have a good working relationship and this could be a good way to move forward. Discussion ensued regarding possible issues, and benefits of vacating Owen Street. 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- b). Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. The meeting adjourned at 8:26 p.m. 45 City Council Minutes 03.07.2013 Page of ___________________________________________________ Steve Fuhriman, Mayor __________________________________________________ Ron Folsom, City Clerk 55 City Council Minutes 03.07.2013 Page of