Loading...
05292007CouncilMinutesCITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MAY 29, 2007 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA TUESDAY, May 29, 2007 CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Waite Prayer – Councilmember Bean MINUTES: None ITEMS FROM MAYOR: None CONSENT AGENDA: Attached PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Resolution 2007-012 Auth. Submission of Water System Improvement Loan Application to DEQ 2.Certificate of Negotiation with Engineer for Water System Development 3.Certificate of Negotiation with Administrative for Water System Development 4.Eagles Homestead Park Concession Agreement 5.Bridgewater Div. #2 Development Agreement 6.Bridgewater Div. #2 / School District 93 Development Agreement 7.Steven Sloan, Bartender/Kasi Tolman, Daycare - Business License Approvals DISCUSSION ITEMS: 1.Greenfield Townhouse Association Sidewalk 2.Ammon Day Celebration Proposal 3.Firehouse Grill Update 4.Misc. MINUTES The meeting was called to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: City Officials Present: Mayor Bruce Ard Councilmember Lee Bean Councilmember Randy Waite Councilmember Rex Thompson City Administrator Bruce Rose City Planning Director Ron Folsom City Engineer Bill Manwill City Attorney Scott Hall City Clerk Leslie Folsom City Officials Absent: Councilmember Dana Kirkham Councilmember Waite led the Pledge of Allegiance to the Flag and Councilmember Bean offered the prayer. MINUTES: None ITEMS FROM MAYOR : None City Council Minutes 05/29/2007 -- 1 CONSENT AGENDA: CITY OF AMMON AMENDED CONSENT AGENDA Thursday May 29, 2007 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2007: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: A.Idaho Falls Board of Realtors – Real Estate Service – 1508 Midway B.Snow Zone – Mobile Food Vendor - Eagle’s Homestead (East Parking Lot) st C.Nana’s Daycare & Preschool, 2660 East 1 Street th D.Stacci LaChe’s Ice Cream – Mobile Food Vendor – 495 E. 17 Street th E.Phantom Fireworks Big Bear of Utah – Sale of Safe & Sane Fireworks – 3101 E. 17 Street (Kmart Parking Lot) 2.RENEWALBUSINESS LICENSE APPLICATION: th A.D&L Cleaners & Laundry – Laundry Service – 3160 E. 17 Street th B.Onesource, HHC, LLC – Home Health Agency - 3544 E. 17 St. ste. #201 HOME OCCUPATION PERMITS 2007: 1.NEW HOME OCCUPATION PERMITS: A. Hill Enterprises – Vending – 3697 Ellendale Circle 2.RENEWAL HOME OCCUPATION PERMITS: A.Window Elegance – Thueson, Kelly & Andrea – Retail Sales – 4251 Willow Canyon Dr. LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2007: 1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Duran, Brigido – Bartender – Sol Rio 2635 S. 25 E. th B.Stommel, Erica J. – Bartender – Johnny Carino’s 2833 E. 25 S. th C.Griffith, Mary Anne – Bartender – Texas Roadhouse 2535 S. 25 E. th D.Stewart, Rachel - Bartender – Texas Roadhouse 2535 S. 25 E. th E.Osborn, Krisa - Bartender – Texas Roadhouse 2535 S. 25 E. th F.Hanson, Jamie - Bartender – Texas Roadhouse 2535 S. 25 E. th G.Dalrymple, Ronne - Bartender – Texas Roadhouse 2535 S. 25 E. th H.Geary, Jason - Bartender – Texas Roadhouse 2535 S. 25 E. Leslie Folsom explained what was added to the Amended Consent Agenda. Councilmember Waite motioned to approve the Amended Consent Agenda. Councilmember Thompson seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None ACTION ITEMS : 1. Resolution 2007-012 Auth. Submission of Water System Improvement Loan Application to DEQ: Leslie th Folsom explained this is one that Ted presented on May 17 but needed a resolution number. Councilmember Bean motioned to approve Resolution 2007-012. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 2. Certificate of Negotiation with Engineer for Water System Development and 3. Certificate of Negotiation with Administrative for Water System Development: Leslie Folsom explained the certificates. She explained the difference between the Engineer certificate and the Administrative certificate. Councilmember Bean inquired to “Ted” as to what these are for. Ted Hendricks explained they are mainly formalities for the application showing DEQ that we went through the correct process. City Council Minutes 05/29/2007 -- 2 Councilmember Bean motioned to approve the Certificate of Negotiation with Engineer for Water System Development and the Certificate of Negotiation with Administrative for Water System Development. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 4. Eagles Homestead Park Concession Agreement: Leslie Folsom explained this was previously covered on the Consent Agenda. It was discussed that the Concession Agreement names did not match. Leslie Folsom will fix this and have them sign a corrected contract. Councilmember Bean motioned to approve the Concession Agreement, with the name changes, between the City of Ammon and Matthew Queen and Paul Titus. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 5. Bridgewater Div. #2 Development Agreement: Planning Director Ron Folsom explained the minor changes to the developer agreement. He explained in SC-1 they asked that we clarify it to read “Westside” of Ammon Road. He also explained in Item 6 & 7, there is no park so that was removed. He also explained there was discussion involving the access off of Lincoln Road needs a deceleration lane. He explained he did not know if it was the Developer or School District that needed to put in the deceleration lane. Councilmember Bean explained he isn’t really worried about who puts it in. He is concerned that is goes in. He feels it is a matter between the School District and the Developer as to who puts it in. Ron Folsom said he would add in the language that they have to work that out between them as to who puts it in, if the make the motion that way. Councilmember Bean motioned to approve Bridgewater Div. #2 Development Agreement with the changes as indicated by Ron and also a change to add to that there will be negotiation between the School District and Developer as to who pays for the deceleration lane. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 6. Bridgewater Div. #2 / School District 93 Development Agreement: Planning Director Ron Folsom explained the minor changes in the agreement. He explained in SC-4, the language for secondary water and how it should read. Councilmember Bean motioned to approve Bridgewater Div. #2 / School District 93 Development Agreement with the changes so noted by Ron with the addition that the School District and the Developer work with each other as to who will pay for the deceleration lane. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 7. Steven Sloan, Bartender/Kasi Tolman, Daycare – Business License Approvals: Leslie Folsom explained she pulled these off the Consent Agenda so that Council could discuss them. She explained they came back with two items on their police report. She explained Steve Sloan is applying for a bartender license. She inquired to Ron as to our new wording regarding DUIs. She explained he has a DUI pending. Scott Hall explained he was cited on Feb. 22 of this year. Councilmember Bean inquired to Scott what “pending” meant. Scott explained it means he has been charged, but not convicted. Scott read what the wording was that Ron brought in. Councilmember Thompson suggested we wait until we change the language on this. It was discussed we made changes to daycare, but not to bartender licenses yet. Councilmember Bean inquired to Scott how long the process would take in the courts. Leslie Folsom explained he will be operating under a temporary license until we decide to decline or accept. Councilmember Bean motioned to table Steven Sloan’s bartending permit until the next meeting. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Waite – yes. The motion passed. Leslie Folsom explained the next one is Kasi Tolman. She inquired to Ron as to the language on the daycare licensed and is it 5 years with a misdemeanor. Scott explained it is a misdemeanor and read part of our ordinance regarding it. It was discussed it was a controlled substance violation. Councilmember Bean inquired if this is a new daycare. Leslie Folsom explained she is a worker for Nana’s Daycare. It was discussed next year she would not be okay. Councilmember Bean inquired if under the current laws, we can decline it. Council discussed we cannot. Councilmember Bean motioned to approve the worker license for Kasi Tolman daycare. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. City Council Minutes 05/29/2007 -- 3 DISCUSSION ITEMS : 1. Greenfield Townhouse Association Sidewalk: City Administrator Bruce Rose explained Council approved the City putting in a sidewalk two weeks ago. He explained the gentleman that gave the bid to the Townhouse Association came in and asked if we would accept his bid. He wanted Council to understand our options. He explained we could defer it into our next budget year budget and do it in maybe October, but it may cost more by that time. The other option would be not to do it at all until down the road the division to the east of Greenfield acres comes in. He explained that the gentleman will not honor this bid if the work is not done soon. It was discussed a bid before this was higher than this. It was discussed where and how long the sidewalk would be. Bruce explained in terms of this year’s budget we do have some left in operation’s budget. He explained it is a non- budget item. Bruce explained it is a streets project, but they do not have any more money. Councilmember Bean explained that Council needs to decide whether or not they want to do it this year. Bruce explained that he did not explain there were actually three options, because the third would be to take the bid and do it now. Scott Hall suggested requiring the Homeowner’s to do some landscaping as soon as the sidewalks are put in, if Council decides to put the sidewalks in now. Bruce explained Council approved for them to do chip seal and we do sidewalks two weeks ago. Councilmember Bean recommended that we do it now and find the funds to do it. Scott Hall inquired if Council wants to require the homeowner’s to do landscaping after the sidewalks. Councilmember Bean inquired to Scott how you do that. Leslie Folsom suggested sending out a courtesy letter. It was discussed we could give them a deadline. Scott Hall inquired about a section behind there and the weeds growing and a possible fire hazard. Bruce Rose explained we sent out letters but in the meantime the property has been sold. We are now in touch with the new owners. Scott Hall suggested having the Fire Marshall speak to them. 2. Ammon Day Celebration Proposal: City Administrator Bruce Rose explained he got a call from Zion’s Bank last week stating they wanted to do something for our city. He explained he talked to them about our Centennial Celebration. He also spoke to Corey Smith of Eastgate Drug and they are interested in the celebration, also. So, as of now, Zion’s Bank and Eastgate Drug would be corporate sponsors for an Ammon Picnic, etc. They would like to get more businesses involved. Bruce inquired to Council, if they would be supportive of a celebration. They were th looking at the 25 of August. We would not be in charge, but would have to help facilitate it. He suggested putting a budget in for 2008 for a celebration of this sort that we can kick some funds into. Bruce explained they would like to make this an annual event. Bruce explained he would be a committee member. Council discussed they are okay with it. 3. Firehouse Grill Update: Leslie Folsom explained due to Bruce Rpse’s agenda sheet showing the Firehouse Grill conversation we were able to determine the date of the incident. ICRMP will now be paying for the claim. She explained we will only have to pay $500 for the deductible. It was discussed we need to find a way to make sure the doors are open and held open when the garbage truck comes. 4. Misc.: City Administrator Bruce Rose explained that a gentleman came from the School District and the Safe House to School grant was approved. The Idaho Dept. of Transportation would like to get some local media attention. There will be a press conference at 2pm on Friday. It is in conjunction with the press conference they are having in Boise. Bruce explained we will have to advance the funds and then submit for reimbursement. They hope to have this done by the middle of August. Bruce explained it is between $80 – 90,000. Councilmember Bean explained we will have to reopen the budget. Councilmember Bean stated we need to schedule a public hearing and advertise for the last meeting in June. Councilmember Bean suggested having Lisa get with Jeanette on how to st advertise that properly. Bruce explained the funding will be available July 1. Bruce explained these will all be enhancements, not replacing anything we have already done. Bruce Rose also explained he received a phone call from Anita from White Pines Charter School and they need to get three phase power into their development. He explained the most cost efficient way to get it there is off st 1 Street. They have looked at different variations. They would like to come down the canal bank. Recently, they deeded us an acre. They would like us to grant them a utility easement so they can do this. Ron Folsom explained Rocky Mtn. Power had verified it is the most effective way for them to get power there. Bruce explained if we grant the utilities easement they would still have to come in after the legal description is done to have it authorized and signed. It was discussed the request at this point is it is just for power. Leslie Folsom stated she wanted to bring up the utilities. She explained the billing is going well. She reaffirmed council’s instructions on not back billing for anything that we have an incorrect billing on. She would like to have an exception, on the people that have ignored us and not signed up for services, to back bill them. She asked if Council was okay with that. Council agreed. Ron Folsom talked about daycares. He explained we have a preschool that is operating under a temporary license. We don’t have the application, only the license from 2005. He explained it expired in December of 2005. City Council Minutes 05/29/2007 -- 4 They came in September of 2006 and applied, so they were operating without a license during that time. They came in January of this year and signed up as a home occupation with a preschool. Ron checked for complaints on the renewal. He explained they had no complaints. Stacy explained the fire inspection. Stacy stated she had 40 kids. It was discussed she is operating out of the in house day care rules. It was discussed the fire inspector did not go any further at that point. Ron explained the exits required for daycares in a basement. Councilmember Bean explained in his case they had a window with a ladder, at the time, his wife had the preschool. Councilmember Bean suggested we have some leeway on this because 99% of homes will not have that type of access required. Stacy explained it comes from the State Fire Marshall’s office. He explained the International Fire Code states they have to have either the access to the outside or a fire suppression system. Councilmember Bean inquired if the code requires the access to be a stairway. Stacy stated it does. Councilmember Bean indicated we will lose a lot of daycares and preschools, if we don’t have leeway on this. Ron Folsom inquired if we have to repeal that portion of the code. It was discussed we need to decide how we are going to accept them and then repeal it. Stacy asked Mayor and Council to approach the legislature on getting the code updated. He explained we will not be the only community running into this problem. Ron Folsom explained Idaho Falls enforces the code. Stacy explained she currently has too many kids for the fire code. Ron Folsom explained that Pocatello made an exclusion of their home occupations for daycares and preschools to allow one person to come in for the second group of children. Councilmember Bean explained he would like to see leeway on outside exits, but he is not sure what the rest of Council feels. It was discussed this needs to be on a work session. Councilmember Bean suggested Stacy bring some guidelines we can follow, if we have some latitude. Bruce explained our next work session is budget planning, we can add it if needed. Leslie Folsom stated she would like to have latitude on the daycare licenses that have already been issued. st It was originally July 1 for all, but the office cannot keep up with all of them coming in right now. She would like to have the new rules come into affect when the business’s re-license. The Council agreed to this. Councilmember Bean stated he, Councilmember Kirkham and the Mayor got together and recommended to hire a County Crew and get the Cottages done with Rick and Jason supervising. It was discussed to get the two open areas finished up. He explained we are losing credibility with them up there. Mayor Ard suggested drilling some holes rather than more linear drains. Councilmember Bean asked them to keep Council apprised of a timeline. Councilmember Bean motioned to adjourn. The meeting adjourned at 9:00 p.m. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 05/29/2007 -- 5