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12052013CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, DECEMBER 5, 2013 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA . THURSDAY, DECEMBER 5, 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: November 7, 2013, and November 14, 2013 ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.Policy 10-010-1 Vehicle Equipment and Driving Safety Policy 2.Resolution 2013-015 Adoption of Policy 10-010-1 Vehicle Equipment and Driving Safety Policy 3.Title 10 Proposed Revisions – Chapters 4, 5, 9, 10, 16, 17, 18, and 29 4.Ordinance 534 Title 10 Revisions 5.Fire Department – Fire Truck Purchase DISCUSSION ITEMS: 1.Rocky Mountain Street Light Purchase 2.Broadband/Fiber Optics 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 8:15 p.m.) Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack 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 I.T. Director Bruce Patterson City Officials Absent: None 16 City Council Minutes 12.05.2013 Page of CALL TO ORDER: Mayor Steven Fuhriman opened the meeting at 7:03 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: November 7, 2013: Councilmember Powell moved to approve the minutes, 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. November 14, 2013: Councilmember Powell moved to approve the minutes, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: Accounts Payable – Exhibit A: Councilmember Slack moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, 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): None PUBLIC HEARINGS: None ACTION ITEMS: 1. Policy 10-010-1 Vehicle Equipment and Driving Safety Policy: Councilmember Powell moved to approve Policy 10-010-1 Vehicle Equipment and Driving Safety Policy, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 2. Resolution 2013-015 Adoption of Policy 10-010-1 Vehicle Equipment and Driving Safety Policy: Councilmember Powell moved to adopt Resolution 2013-015 Adoption of Policy 10-010-1 Vehicle Equipment and Driving Safety Policy, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 3. Title 10 Proposed Revisions – Chapters 4, 5, 9, 10, 16, 17, 18, and 29: Ron explained the revisions to Title 10 Chapters 4, 5,9,10,16,17,18, and 29; most of these are a result of some language that was changed at the last legislature. The City is supposed to maintain findings of fact of all of our decisions separate from our minutes, and we have for a long time maintained within our minutes our findings of fact because it was allowed, but they have changed it. Ron said as far as Chapter 5, we received a written request from Ball Ventures asking us to change our parking stall dimensions from 10’ x20’ to 9’ x18’. Ron said at Planning and Zoning last night we presented information about surrounding cities and their parking sizes. Councilmember Thompson said he was involved with the discussion when the parking was changed to 10’ x 20’. The reason we went to 10’ x 20’ is because a lot of people in town drive larger vehicles and it is easier to park in the larger stalls. Councilmember Thompson said 9’ x18’ is too narrow. Ron read the motion sheet and facts and findings from Planning and Zoning: I move that pursuant to section 10-4-5 of the Ammon City Code in relation to Idaho State Code 67-6535 the following findings be approved regarding the recommendation from this Commission to the City Council, that The Planning and Zoning Commission finds that regarding hearing number 2013-018 the following written information be provided to the City Council for consideration: Ron provided the proposed changes to the Commission and Eric Isom of Ball Ventures presented testimony regarding the request to have the Chapter 5 amended to allow for 9 ‘X 18’ parking stalls as a minimum. There was no additional public testimony regarding this hearing. The Commission feels that although a 10’ wide stall is preferred a 9’ wide stall seems to be the standard. There were no other concerns regarding the amendments. 26 City Council Minutes 12.05.2013 Page of Robert Taylor made a motion and Greg Maeser seconded to recommend approval of the proposed amendments to Title 10 of the City Code. The motion carried 6 yes, 1 no, Tom Hunsaker voted no because he did not support the change to Chapter 5 regarding the parking stalls, because allowing the 18’ length would cause people to hang into the drive aisle which reduces the actual drive aisle size and that the 9’ width would cause people to overlap the lines instead of parking within the lines, effectively reducing the number of parking spaces available. Ron said because this is not a hearing, he would try to express part of what Eric Isom of Ball Ventures had said. Ron said one of the concerns they have as they are developing their property is that they have a tenant who requires a certain type of parking and for them to meet our requirements and their customers requirements its going to take up 30,000 square feet of usable space to meet the parking requirements. Ron said just because the City reduces the parking requirements doesn’t mean that Ball Ventures is only going to use 9’x18’ stalls. Discussion ensued regarding smaller parking space issues. Scott Hall informed the Council it would be ok for them to address questions to Eric Isom of Ball Ventures. Eric Isom, 901 Pier View Drive, representing Ball Ventures introduced himself to the Council. City Attorney Scott Hall explained this is really not a zoning change; it is a change related to the size of the stalls themselves. Scott doesn’t view this as an ordinance change, and if it was an ordinance change there would have to be a public hearing. Eric said he has developed in a lot of cities in the past twenty years. Eric said they have given the Council a sample of cities we feel are like the City of Idaho Falls, and obviously parking big vehicles is an issue. The reason this change is important to Ball Ventures is that they are trying to get the ball rolling on the development at Hitt Road & Sunnyside Road, and it’s a tough time to be a developer. Eric explained that what it means to them is; if we look at a forty acre site, and we look at a standard parking ratio, when we go from a 9 foot stall to a 10 foot stall over that forty acre site, we will lose about 30,000 square feet of retail building area. This means the development would lose one mid box tenant, or two half size tenants which is a pretty big economic impact to us. Councilmember Slack said the City’s minimum standard is most people’s maximums. Councilmember Christensen said the 9’ minimum is suitable, and that doesn’t mean that Ball Ventures will only use 9’ stalls. Councilmember Thompson said that is exactly what is going to happen; maybe we are requiring too many parking spaces. Councilmember Slack said there is really only one person left on the Council that was present during the discussions when the parking dimensions were changed and he would really like to learn the history of why it was changed from Councilmember Thompson. Discussion ensued. Scott said there were a couple of things for the Council to understand; if you make the change, you are going to allow those that currently have 10’ parking stalls to change them to 9’. Clint Boyle, Horrocks Engineers, 901 Pier View Drive drew a diagram on the white board for the Council to display how the two foot overhang is used in parking lots. Clint explained the cars pulling up to the parking spaces by the curb, the wheels would be up against the curb and the car’s bumper would be hanging over the curb. The full 20 feet of parking would not be needed. Clint said many cities allow 18’ parking spaces up against landscaping or sidewalks. The spots they are discussing would be up against a walkway in front of the store. Clint said for health, safety and welfare, 9’ wide stalls are a minimum standard throughout the west. Scott Hall recalled a past discussion regarding the width of parking spaces. The 10’ parking spaces were the nose to nose parking. There was discussion if you used diagonal parking, less space would be needed because it is easier to maneuver in and out of the space. Councilmember Thompson said the 9’ wide parking spaces cause a safety issue for the larger vehicles. The Council adopted the 10’ spaces because a vehicle could pull in and out with one turn. Discussion ensued regarding parking space width. Tom Hunsaker, 2135 S Ammon Road, Planning and Zoning Commission, said we need to remember when you go to other angles the aisle width requirements change, such as, 60 degrees only need 18’ and 30 to 45 degrees are only 12’ wide. Councilmember Slack asked about the Planning and Zoning Vote. He was told it was 5-1. Councilmember Kirkham asked what the reason for the dissenting vote. Ron said it was concern over the inter lock space. Councilmember Powell said he had the same concern. He feels 18’ is too short for the larger vehicles. He said if you allow an overhang than it will be striped at 16’ and that is a concern. He think if you do it on an interlock which the standard is 64’ (20’ parking space plus 24’ aisle plus 20’ parking space), and allow for the overhang you can come up with standards from there. He is concerned about the distance between vehicles. Councilmember Slack asked if it that was a hearing at Planning and Zoning. Ron said yes. Councilmember Slack said we could have a minimum in the code to approve the 9’ x 18’ space. Lance could have in his standards to verify the interlock spaces are in compliance when he reviews approving parking stalls. Councilmember Slack does not feel another hearing is necessary. We could have minimum standards and recommended standards. No action was necessary for this item and the Council continued to item number 4 for a motion. 36 City Council Minutes 12.05.2013 Page of 4. Ordinance 534 Title 10 Revisions: Councilmember Christensen read Ordinance #534 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 10, PLANNING AND ZONING; CHAPTER 4, AMENDMENTS; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 9, BOARD OF ADJUSTMENT; CHAPTER 10, PLANNING AND ZONING COMMISSION; CHAPTER 16, R-2A MULTI-FAMILY RESIDENTIAL; CHAPTER 17, R-3, MULTI-FAMILY RESIDENTIAL; CHAPTER 18, MULTI-FAMILY RESIDENTIAL; CHAPTER 29, SUBDIVISION REGULATIONS; 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 Powell – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – No (Because we shouldn’t make the changes to chapter 5 as we have indicated here.), and Councilmember Slack – Yes. The motion failed. Upon City Attorney Scott Halls request, Councilmember Christensen read Ordinance 534 in its entirety. 5. Fire Department – Fire Truck Purchase: Stacy distributed information to the Council regarding the Tower Ladder Truck and explained why he is requesting the new truck. Councilmember Kirkham asked the price of the Ladder Truck and where the funds would be coming from. Stacy said $435,000 is the asking price but he believed the sellers would come down to $400,000. Arial Scope is the strongest ladder truck made, and it cost $900,000 new. A ladder truck really is a regular fire truck with the ladder mechanism added. Whenever the truck wears out. The ladder is removed from the old fire truck and placed on a new fire truck. Councilmember Thompson asked in the last five years how many times have we needed to use another City’s ladder Truck. Stacy said never; Idaho Falls will only send their ladder truck out in a life safety emergency and they will charge Ammon for it. Stacy referred Council to the 2nd page of the handout. It is a list of the number of times a ladder truck could have been used to fight fires in Ammon from November 2012 to November 2013. Councilmember Thompson asked was the ladder truck really needed since we have been getting by without one. Stacy said he has more than the calls listed where a ladder truck could have been used. Stacy said he would pay for the Ladder truck with the $150,000 from the reserves. He has budgeted $60,000 towards the purchase of a new truck. His plan is to use part of that to buy the truck and repay the general fund over the next four years with the Fire Departments replacement budget. The City would not have to take a loan or a lease. Another option is to finance the truck through the Volunteer Fire Fighter Federal Credit Union on a term of four years and 2.4% interest. Stacy would like to stay away from financing, especially because if we default, the financier would get the truck. Councilmember Kirkham said she is not comfortable purchasing a ladder truck right now, because it is a lot of money that has not been budgeted for. Councilmember Powell asked Jennifer if she was comfortable with this proposal. Jennifer said if we go over the total expense agreement we would have to open the budget. She does not want to open the budget. The City has budgeted $308,000 if a grant was approved. $200,000 has been budgeted for capital outlay new; between the two items it is $508,000. More than likely we will not get the grant so we would not go over on the expenses for the Fire Department or in the General fund. We would not have to open the budget with the commitment that over the next several years what would have been accruing savings for the Fire Department’s capital replacement fund would instead be paid back by the Fire Department to the general fund. Scott said it will be considered an interdepartmental loan. Councilmember Kirkham said she is concerned about the strategic planning and all of the projects that need the Council’s attention. The ladder truck is not on the top of the list for interdepartmental lending. Councilmember Powell said his concern is if Stacy commits to repaying the general fund over the next four years he would not be able to make any improvements in his department. He asked Stacy if he was comfortable with that. Stacy said he has put a lot of thought into that and if the truck was not such a good deal he would not be before Council asking to purchase it. Councilmember Slack said part of the negotiations with the Bonneville County Fire District was they would provide the City with a ladder truck. He said the ladder truck offers Ammon the ability to build taller buildings. He has asked developers if they would see professional offices rise above two stories; they said no. Councilmember Kirkham said she would like to get an MOU that addresses the use of Idaho Fall’s ladder truck even if we pay them for it and develop a strategic plan to purchase our own ladder truck. Ray commented response time is exacerbated by having to send the truck all the way from downtown Idaho Falls. Stacy stated the ladder truck would give us two more points, and a MOU with Idaho Falls (which is way over the ISO rating for needing a second ladder truck) giving each city access to the other’s ladder truck would give each city an additional point. Stacy explained the features of the ladder truck for sale. It is a 2001 with 10,000 miles on it. Councilmember Christensen asked if the purchased is not approved what is Stacy’s plan. Stacy said he would look for a regular engine truck. Discussion ensued regarding the ladder truck. Councilmember Christensen moved to table the Fire Department Truck Purchase. The motion failed for a lack of a second. Councilmember Powell moved to approve the Fire Department – Fire Truck Purchase for no more than $400,000 and allow Stacy to set up an interdepartmental loan from the general fund in the amount of $170,000 to be paid back in equal installments over three years. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – No (Not because she doesn’t think the City needs a ladder truck, but because the means of funding it, the interdepartmental loan and the lack of strategic planning.), Councilmember Coletti – No (Because he feels this is one of those 46 City Council Minutes 12.05.2013 Page of situations where you have to bite the bullet, but wants to entertain other options first), Councilmember Slack – No (He will be no until we figure out how we are funding the miscellaneous projects on our docket.), and Councilmember Christensen – No (Because he would like to explore the opportunity of partnering with the City of Idaho Falls developing a MOU and we need to set up a system to do an interdepartmental loan because it sets a bad precedence for future funding and budgeting). The motion failed. DISCUSSION ITEMS: 1. Rocky Mountain Street Light Purchase: Ron explained that several months ago Ray came to the Council with a proposal to purchase the City street lights. Rocky Mountain Power wanted to appraise the lights to determine a purchase price. The cost of the appraisal is $5000. The City pays a monthly service fee to Rocky Mountain Power for 362 lamps. Based on the current tariff rate of $18.89 per lamp and the use of 100 watt lamps we pay $6,838 per month for power to the lights. If we owned and serviced the lights we would be paying $1,440.37 per month; a difference of $5,400 per month. Scott suggested creating a lighting district to purchase the lights. The Council gave the direction to move forward with having the cost of the lights appraised. 2. Broadband/Fiber Optics: Councilmember Powell said we have plan of action moving forward with fiber. We have engaged other cities, and the invitation is out there. We cannot say the meeting with the State went well. They discussed the public broadband program, and the perception of where it is going. They discussed the business side of public broadband and how it would affect businesses coming to Idaho. Bruce said one of the things Jeff would like is a tax credit to subscribers. Bruce said the conversation was good, but they did not talk about what the City of Ammon was doing; it was about the current situation regarding the State’s side. Jeff is talking to current providers; their incentive is not where it needs to be. Bruce said Jeff is not in favor of local control. Councilmember Slack asked if there was any discussion about having a fiber roadway shared by all. Bruce said he thinks it was an original plan, Jeff had not thought about it, but he did think it was interesting. Councilmember Kirkham said they have discussed different options; one is to kick a hornets’ nest, and feel it’s a bad idea, or lay low and move forward. The problem with that option is the funding. We would not be able to offer an LID (Local Improvement District) for funding, because it is not allowed by state statute. Councilmember Slack said the logical way to move forward is to provide fiber in the ground to new subdivisions. The City will pay for the start of the fiber connection. Councilmember Kirkham asked what should be done about the existing subdivisions. Councilmember Slack said they could come on board when regulations catch up, or other mechanisms are found to fund that. Councilmember Kirkham said this could be many years out. There are not any new subdivisions planned currently. Councilmember Powell asked Bruce what is the estimated cost for the connection to a residence. Bruce said $2,500 per address. Bruce explained he would leave it at the sidewalk for the lots that are empty. The builder would provide the conduit, the City would charge a connect fee which is the price of the fiber that comes in from the road, and the piece of equipment that sits on the side of the house. There are many questions that need to be answered, such as, do we place equipment at the homes before they ask for services, or do we wait. These questions are business related questions. The City is beginning to bill for services. Discussion ensued regarding billing. Councilmember Kirkham said the decision being made tonight is where do we go, and if we are going whom should we solicit for support. Bruce said he can’t do this himself. He needs the Council members to be there. He needs the Council to be prepared to be totally committed. Bruce is prepared to go to the mat, and feels the best shot is to push as quick and as hard as we can. Councilman Powell agreed and said we have nothing to lose. Councilmember Kirkham asked the Council if they are ready to go to the legislature and push for broadband. Councilmember Powell – yes, Councilmember Coletti – yes, but he wonders if we have done enough with our own people. Ron said on the night Bruce gave his presentation, Bart Davis said the hardest thing will be -as he pointed at the other legislators- they are sitting in the room saying they believe in local government, but they are going to Boise to vote exactly the opposite. Bruce said somebody needs to convince AIC (Association of Idaho Cities). Councilmember Thompson – yes, Councilmember Christensen – yes, Councilmember Slack – yes, Councilmember Kirkham said at the legislative lunch with District 93 they sang Bruce’s praises. Councilmember Kirkham said she will set up a conference call with Ken Harwood, and she will talk to the City of Idaho Falls. Bruce said the Council needs to discuss how this is going to be financed and how the Council sees it getting built, because that will affect what we need to ask for. Councilmember Kirkham suggested that this item be put on the work session agenda. Discussion ensued regarding the legislative process. 3. Misc.: Bruce discussed some issues that were found with the systems after the power outage. Stacy wants to make the fire station a tobacco free work place. They are participating in the wellness/fitness program. Stacy wants the entire Fire Station property to be tobacco free. Stacy said he has five volunteers that are smokers; they are not the problem, it is the sheriff deputies. That is why Stacy is requesting no smoking on the grounds at all. Councilmember Kirkham asked if we are allowed to regulate tobacco use when the employee is on their break. Councilmember Coletti said we would have to change the Employee Policy Manual. Scott asked if he wanted to prohibit it on their break time. Ray said he feels it gives the public a bad image of the departments when they come up on a worksite and see employees smoking. Councilmember Kirkham agreed when working there shall be no use of tobacco. Her question is can we prohibit it on breaks. Discussion ensued regarding tobacco use. Scott said 56 City Council Minutes 12.05.2013 Page of there are all kinds of legal issues and potential ADA issues if you dictate what happens on the employee’s break time. Scott feels they have a designated break time, and if they are caught smoking any other time they should be written up and go in their personnel file. Scott will research it. Councilmember Powell said there was a Turtle Bay sign in the right of way. Councilmember Kirkham said they are not selling memberships, they are selling ownership. Ron said staff is pulling the signs because they are illegal. Councilmember Powell said he is not going to police it anymore. This is the HOA’s responsibility. Councilmember Kirkham said she had a conversation with Coulter, and they went over the history. The reality is that it isn’t going to work. For $5,600 you can buy ownership in the clubhouse. It is not illegal for people to buy into the clubhouse. Councilmember Thompson told Stacy that every February the Boy Scouts in the North Caribou District holds a Klondike Derby, and this year it is on fire safety. They are looking for a fire engine to come to Krupp Scout Hollow past Rigby. It would be on Saturday, March 1st. Stacy said he will be there. Councilmember Christensen asked Ray about the power outage that lasted approximately 8 hours; how did the portable generators at the sewer station perform. Ray said it exposed some weaknesses in our system. We need more portable power generators. Discussion ensued. Ray explained that if Rocky Mountain Power would have let us know in advance, we could have made arrangements. Scott Hall said the new statute number 50-336 that was passed in the last legislative session allows for a traffic safety program to drivers who have been issued citations. Cities can pass an ordinance and people can take a course and they don’t get points on their insurance.Scott has questions about the statute. If Ammon has interest in doing this, Scott recommends devolving a course to Idaho Falls. Scott’s questions are do you still have to pay the fine, is it a revenue loss to the City. The driver makes the election to take the class when the officer gives the citation. Who is going to make sure the driver follows through. Councilmember Kirkham said you will pay the fine, go to the class and the points are waived. Rachael informed the Council of a trifold pamphlet that was put together by Ray which would inform citizens about snow removal and possible ticketing if snow is pushed into the roadway. Also if there is room on the trifold it would include winter preparedness information from the Fire Department and cold weather care for animals from Enforcement Officer Shawna Avery. The Council said the trifold was a good idea. 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 Slack moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1-f). Councilmember Thompson seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 11:15 p.m. ___________________________________________ Steve Fuhriman, Mayor ____________________________________________ Ron Folsom, City Clerk 66 City Council Minutes 12.05.2013 Page of