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05022013CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MAY 2, 2013 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, MAY 2, 2013 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Powell Prayer – Councilmember Slack MINUTES: April 4, 2013, April 18, 2013 ITEMS FROM MAYOR: CONSENT AGENDA: Accounts Payable – Exhibit A PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.Amended Development Agreement – Mountain Valley Estates D3 – School District 93 2.Approve Sole Source Provider for Water Meters – Ferguson Supply 3.Approve Design Firm from RFP for Well # 6 Design and Remodel DISCUSSION ITEMS: 1.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 Brian Powell Councilmember Sean Coletti (arrived at 7:35 p.m.) Councilmember Brad Christensen City Attorney Scott Hall 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 City Officials Absent: Councilmember Russell Slack 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 Christensen offered a prayer. MINUTES: April 4, 2013: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes, The motion passed. 13 City Council Minutes 05.02.2013 Page of 1. April 18, 2013: 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 Powell – Abstain (absent). The motion passed. ITEMS FROM MAYOR: Mayor Fuhriman reported that he and Jennifer Belfield attended the III-A meeting in Boise; things are looking good and the fund is coming around. CONSENT AGENDA: Accounts Payable – Exhibit A: Councilmember Kirkham moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes, The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: None ACTION ITEMS: 1. Amended Development Agreement – Mountain Valley Estates D3 – School District 93: Ron explained that the only reason this item is on the agenda is, because as we move forward in figuring out what the School District needs to do, one of the things they are supposed to do as part of their guarantee is to produce a bond or letter of credit. In lieu of that, Ron talked to Scott Hall so that the School District could do something other than come up with a bond or gives us cash; Scott worked with the School District’s attorney, and if the Council approves it, they will provide the City with a promissory note to be renewed each year. The promissory note would be in the amount of $30,226.56 and will guarantee that as long as the lots are not completed, the City can go in and complete them if we have to. Councilmember Thompson asked if the curbing was in. Ron said yes. Scott said that with most developers, you worry if they are going to be solvent; he doesn’t think the Council needs to be concerned whether the School District is going to be here, or if they are solvent. The reason for the yearly renewal is because they cannot issue a promissory note for a longer term, because they can’t bind their future boards; they will reaffirm the promissory note as a part of their budget process every year. Discussion ensued regarding the bond amount. Councilmember Kirkham moved to approve the Amended Development Agreement for Mountain Valley Estates D3 - School District 93, with special condition 2. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. 2. Approve Sole Source Provider for Water Meters – Ferguson Supply: Councilmember Kirkham said the Council has already had this discussion and decided to move forward with this, because they are the only local dealer carrying the kind of meter the City needs, and we cannot buy outside their region. Councilmember Kirkham moved to approve the Sole Source Provider for Water Meters – Ferguson Supply. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. 3. Approve Design Firm from RFP for Well # 6 Design and Remodel: Lance explained that a request for proposal was sent out, advertised in the newspaper, and distributed like we normally do. He sent out about five or six full packets of information, but only received one back from Keller Associates. They have been involved in the water project for a long time, and they have been through some of the Well #6 categories already. Lance said he is asking the Council to approve the design firm, and he will move forward negotiating a price for the design contract. Councilmember Kirkham moved to Approve Design Firm from RFP for Well #6 Design and Remodel to Keller Associates. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. DISCUSSION ITEMS: 1. Misc.: Ron said the City received an invitation to the grand opening for Critical Nurse Staffing, and said the Council had the information to attend if they chose to. Ron and Rachael will be attending. Ron said things are picking up. Bridgewater Division 3 is opening up, and he has six permits waiting for their bonding to come through. Ron explained that Brent Johnson has a portion with about ten lots. Ron commented about the new businesses that have opened in the City lately. 23 City Council Minutes 05.02.2013 Page of Councilmember Christensen asked Ron to have Charlie Allen send the Council an update of the building/development currently going on in the City. Ron said he would send the Council the construction report that he prepares. Councilmember Kirkham said IBSD (Iona Bonneville Sewer District) have come to the Council to ask them to consider what to do with the “lost customers” (customers within Iona Bonneville Sewer District boundaries, but served by the City of Ammon wastewater system), and have given some options. Councilmember Kirkham said when we were negotiating the MOU (Memorandum of Understanding) there were some points that at the time she didn’t feel were the wisest for IBSD, but that’s what they wanted and agreed to. One on the points was the Wildwood lift station, and IBSD was adamant that it was theirs, and they wanted control over it. Now the Wildwood lift station needs some upgrades and IBSD is looking for resolution to the lost customers in part to help offset the cost of the improvements. Councilmember Kirkham distributed a letter indicating different plans that IBSD is suggesting. Councilmember Kirkham said in her opinion, Plan A is off the table, because it is really expensive, but especially expensive to IBSD at a cost of about $600,000 but the Council has always thought it would be closer to $1 million. Councilmember Kirkham said during the course of the discussion, Paul Scoresby of Scheiss & Associates was there, and she felt they are using that to hang over the City’s heads, because they are saying if we went with plan A we would lose the revenue we are receiving from the 254 connections we are servicing. Councilmember Kirkham said they should go ahead and build their infrastructure, because at the end of the day that’s 254 more homes that we can build in the City of Ammon and it frees up capacity at the plant. Councilmember Kirkham said there are also a plan B and a plan B1. She is personally not interested in B1, but the Council is welcome to review it. Councilmember Kirkham said the City is already taking care of these 254 customers, at no additional expense. The 254 customers are not paying back the bond repayment, because they were not in the bonding district. We do have an administrative fee tacked in there and she feels the City is receiving what it needs to service them. Councilmember Kirkham said what IBSD is proposing in plan B, is they would try to have those patrons annexed into the City of Ammon’s wastewater coverage area and the City would pay a portion of the legal fees at a cost of approximately $5,000 for the City. Scott said they would de-annex from IBSD. Councilmember Kirkham said the burden is on IBSD. Councilmember Kirkham said plan B1 is what IBSD prefers; where they would go ahead and de-annex the 254 “lost customers”, the City would accept them, and we would agree to have to take over the lift station completely. The cost to get the lift station up to speed would be $138,000. Councilmember Kirkham said she is not interested in plan B1. Councilmember Kirkham explained that plan C is to leave things the way they are. Councilmember Powell said this is an IBSD problem, and he is not interested in spending any more money in trying to figure out the “lost customers”. The City has already spent more than a million dollars installing the separation line. The Council concurred that they would accept plan B if IBSD paid for the transfer. Discussion ensued. 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 & f). 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 7:40 p.m. _____________________________________________ Steve Fuhriman, Mayor ____________________________________________ Ron Folsom, City Clerk 33 City Council Minutes 05.02.2013 Page of