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06052008CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JUNE 5, 2008-7:30 P.M AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, JUNE 5, 2008 - 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Kirkham Prayer – Councilmember Waite MINUTES: April 10, April 17, May 1, May 8 and May 15, 2008 ITEMS FROM MAYOR: Hyrum Johnson – Home Builders Assoc. Presentation Keller Assoc – Water Improvements Time Schedule CONSENT AGENDA: Business License Accounts Payable – Exhibit A PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Suzette and Kevin Niederer, 5231 Lindee Lane, Sidewalk Consideration 2.Hill Tank #1 Lot Purchase (Lee) 3.Resolution 2008-006 – Reimbursement of Wastewater Treatment from Revenue Bond 4.Resolution 2008-007 – Establish July 3rd for Public Hearing on Judicial Confirmation 5.Authorization for Mayor to Sign Bond Counsel Services Agreement 6.Ord 452 Rezone 3200, 3210, 3220 Romrell – R-1 to R1-A 7.Ord 453 Rezone Dove’s Landing 8.Ord 454 Rezone West End of Wanda – R3-A to RP 9.Ord 455 Rezone Mountain West Storage (formerly Kvarfordt) R2 to C-1 10.Resolution 2008-008 – Adopt new Comp. Map 11.Development Agreement – Walgreen’s D2 12.Development Agreement – Sunnyside Maverik D1 13.Development Agreement – East Idaho Commerce D4 14.Development Agreement – West States Storage D1 15.Utility Accounts Late Fees (Lee) 16.Yield and/or Stop Signs – Eagle, Teton and Derrald (Ray) 17.Founder’s Point Water Line Reimbursement (Lance) 18.Advisory Vote Full-time Mayor on Ballot - Date to be Determined (Leslie) 19.Law Enforcement Contract (Lee) 20.Taylorview Lift Station - Electrical Equipment Company - Emergency Bid Approval (Lance) 21.Under $500 Salvage of Swing Set McCowin Park and Donation Thereof to School District 93 (Leslie) 22.Under $500 Salvage of Fire Dept’s 1993 Chevrolet Caprice in Exchange for 2002 Ford Crown Victoria from BCSO 23.Altius Health Insurance Policy Approval for Employees (Dana) 24.Well #8 Cooling of Building Cost Estimates (Lance) DISCUSSION ITEMS: 1.Frontage Fee Review (Ron) 2.Meetings with Quorum (Leslie/Scott) 3.Update Well #10 (Lance) 4.Tiebreaker LID Request for Proposal Discussion (Lance) 5.Swimming Pool Employees/Family Clarification (Leslie) 6.Misc. EXECUTIVE SESSION: 1.Idaho Code 67-2345 Subsection 1(c)(f)(j) – Ron/Leslie 1 06-05-08 City Council Minutes MINUTES The meeting was called to order by Mayor Bruce Ard at 7:37 p.m. City Officials Present: Mayor Bruce Ard Councilmember Dana Kirkham Councilmember Brian Powell Councilmember Lee Bean Councilmember Randy Waite Councilmember Rex Thompson Councilmember D. Ray Ellis City Engineer Lance Bates City Planning Director Ron Folsom City Clerk Leslie Folsom City Prosecutor Brian Tucker City Officials Absent: City Attorney Scott Hall MINUTES: April 10, April 17, May 1, May 8, and May 15, 2008 April 10, 2008 Councilmember Ellis discussed changes to page 4 for a code from 5 inch sheet . rock to 5/8 inchTop of page 5 changed from working sprinkler detectors to working smoke detectors. Councilmember Thompson motioned to approve the minutes, Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Ellis - Yes, Councilmember Powell - Abstained due to absence, Councilmember Bean – Abstained due to absence, Councilmember Kirkham – Yes. The motion passed. April 17, 2008 Councilmember Thompson discussed the change to item #8. Councilmember Kirkham motioned to approve the minutes with the change from Apple to Eucher Valley. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean - Yes, Councilmember Ellis - Yes, Councilmember Waite- Yes, Councilmember Thompson – Abstained due to absence. The motion passed. May 1, 2008 Councilmember Ellis motioned to approve the minutes as is. Councilmember Powell seconded. Roll call vote: Councilmember Ellis - Yes, Councilmember Powell - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion passed. May 8, 2008 Councilmember Waite discussed change in spelling on the last page to ductile iron. Councilmember Waite motioned to approve with the changes to the spelling of ductile iron. Councilmember Ellis seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Ellis - Yes, Councilmember Thompson - Yes, Councilmember Bean – Yes, Councilmember Kirkham- Yes, Councilmember Powell- Abstained due to absence. The motion passed. May 15, 2008 Councilmember Thompson discussed the meeting adjourned at 12:52 a.m. not p.m. Councilmember Kirkham motioned to approve with the change to the time of adjournment. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Ellis - Yes, Councilmember Bean - Yes, Councilmember Powell - Yes, Councilmember Waite – Abstained due to absence. The motion passed. ITEMS FROM MAYOR: Eastern Idaho Home Builders Assoc. Presentation: Eastern Idaho Home Builders Association (EIHBA) President Hyrum Johnson, 997 Silkwood introduced his group: Donna Owey CEO, Karen Ellis Executive Officer, Tanya Cromwell of Creations West (design firm), Roy Ellis of Homestead Construction and Shaun Branson of Branson Builders. The association consists of 1/3 home builders with the rest being the supply vendors, mortgage companies, Better Business Bureau, bankers, accountants, etc. Johnson talked about some of the charitable associations they have helped. One of their annual events is the Parade of Homes and the golf tournament is next week. EIHBA have a number of topics they want to address: 1: Fire Sprinklers. Life safety is of primary importance to us. Our industry spends millions of 2 06-05-08 City Council Minutes dollars per year researching how to improve life safety in our structures. Unfortunately residential fire sprinklers have proven to be extremely costly and their effectiveness is highly questionable. They would like to be part of the cities process. 2: Fees. They believe that new development should pay for itself but will oppose improperly allocated or unjustified fees. He presented a publication from the National Assoc. of Home Builders on information for grants and opportunities to develop proactively. They supported Idaho Falls request for rate increases because they went through the proper process with the proper documentation. 3: Energy. EIHBA wants to have eastern Idaho be proactive and “GO GREEN” to save energy. EIHBA is concerned and wants to have effective conversation with the council. The Council thanked Hyrum for his presentation. Keller Associates: Jeff Frieberg, 346 West Sunnyside presented the Council with handouts: #1: Hill Tank No. 1transmission lines. The transmission lines up Sunnyside and North and th. South on 60They are having the preconstruction meeting tomorrow with Summit Construction. They will have 120 days to build the project. Start date is 6-10-2008 to completion date 11-6-2008. #2: Hill Tank No. 1 booster pumps station side piping plan. They will have DEQ’s approval, as soon as, they have the City of Ammon’s approval.Start date is 8-28-2008 to completion date 3-23-2009. st #3:21 transmission lines or Well #11 transmission line. Running from Well #11 to Booster Station #9. It is ready to be submitted to DEQ for review. Start date of 8-21-2008 to completion date 12-1-2008. No handout. Well # 11 is currently in design by Harper Leavitt Engineering. Councilmember Kirkham asked if it is the same design as #10. The well is going to be similar as Well #10 with some differences. Start date of 09-19-2008 to completion date of 1-20- 2009. #4: Upgrades to Well #9 booster stations. Keller Associates is designing this. Start date of 09-19-2008 to completion date of 1-20-2009. It involves pulling out all the piping of the booster station, pressure tank and reworking the well. #5: Well #8 booster station and tank. They are going to plan on starting the design in the spring of 2009 to fall of 2009. Keller thinks this is an aggressive schedule and doable but they might have delays. Councilmember Bean discussed the existing subdivisions and CCR’s would preclude us from putting anything but a residential unit on the second lot proposed to be added to the current hill tank lot. Councilmember Bean is concerned about being able to get everyone to sign for it on the hill. Jeff passed out the approved site plan with the retaining wall plan. This plan requires three retaining walls and retaining wall C will be standing approx. 4 feet above the lot 4 grade then there will a 6 foot high fence on top of that. A and B goes around the tank. Jeff talked about the retaining walls and booster stations. OSHA requirement is 27 feet for excavations at the front with soil nail walls and room to pile the soil and construction materials. They will also need room for the construction vehicles to get through. They are trying to get an easement so they can get bids for this site. Councilmember Bean said to get lot # 4 they will need to get 66 percent of the homeowners to agree to change the CCRs. Councilmember Ellis said that a 3D rendering would be better to present. Councilmember Kirkham stated that it needs to look presentable and can stand for the next one hundred years. Jeff’s schedule has a 30 day period to go to bid and the plans do not have to change. DEQ said to keep them informed on what we decide to do. We would need the signatures by next work session; it has to be on a legal document so people will sign it. Leslie stated that George would still have voting rights which would reduce the number that are needed. Jeff Hawks volunteered Brett to go door to door to get the signatures. The question was brought up as to what kind of document the homeowners can sign. The CCR’s state with 30 percent of the homeowner’s signatures they can do a resolution without a meeting. Councilmember Bean says they have two weeks to get the signatures so that it can go to Planning and Zoning and be reviewed. Councilmember Ellis says they need to negotiate the price of the lot and we don’t want to pay more then $55,000. Councilmember Ellis will negotiate for the lot in two weeks for $50,000 dollars. Councilmember Ellis will meet with Lance and the developers twice a month. 3 06-05-08 City Council Minutes CONSENT AGENDA: CITY OF AMMON AMENDED BUSINESS LICENSE CONSENT AGENDA Thursday June 5, 2008 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2008: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: A.CBS Collections, Inc. – Collection Agency – 1534 Midway Ave th B.B&L Properties, Inc. – Real Estate – 3456 E. 17 Street, Suite #285 C.Parley’s Mercantile & Gun Shop – Retail Sale Sporting Goods – 3890 E. Sunnyside Rd. th D.Topcat Pawn & Title Loan ID., Inc. – Financial/Retail Sales – 3045 E. 17 Street E.American Promotional Events dba TNT Fireworks – Retail Sale of Safe and Sane Fireworks – 1901 th S. 25 E. th F.C&D Foods, LLC – Food Manufacturing – 3160 E. 17 Street thth G. Broadway Ford, Inc. – Itinerant Merchant – 939 S. 25 E. Expires June 17 2008 2.RENEWALBUSINESS LICENSE APPLICATION: th A.DinePos, LLC – Retail – 3544 E. 17 Street Suite #207 B.Monroe, Melanie – Massage Therapist – 1489 S. Curlew th C.Allstate – Insurance – 2677 E. 17 Street Suite #100 D.Mac’s Snow Shack – Mobile Food Vendor - 3500 S. Ammon Rd. th E.Acme Discount Fireworks/JK Marketing – Retail Sale of Safe and Sane Fireworks – 2909 S. 25 E. (Sportsman’s Warehouse) th F.Edge Wireless – Cell Antenna – 4381 S. 25 E. st G.Nana’s Daycare – Daycare & Preschool – 2660 E.1 Street st H.Merrill, Vanna – Daycare Employee – Nana’s Daycare – 2660 E. 1 Street HOME OCCUPATION PERMITS 2008: 1.NEW HOME OCCUPATION PERMITS: A. Resolution Computer Repair – Computer Maintenance- 3155 Rawson 2.RENEWAL HOME OCCUPATION PERMITS: A.K. Murdock Construction, LLC – Construction – 4029 Eastwood Circle B.Outside Sales – Michael Kern – 4335 Amber Lane C.Hadley In Home Daycare – Michelle Hadley - Daycare – 3500 Rich Lane D.Ted E. Bear Daycare – Leslie Rumsey - Daycare – 5031 Tildy Lane LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2008: 1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Endow, Fred – Bartender – 2635 S. 25 E. 2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Loftus, Cali B. – Bartender – 2665 S. 25 E. Leslie explained that Broadway Ford had to be put in on an emergency basis for a car lot sale in the Wal-Mart lot (north of the Wal-Mart building). They were informed by the State that they needed a th city license which will be good through the 17. Ron has checked the parking spaces and they will be OK. Councilmember Ellis requested a note to be made on the consent agenda stating that all are carrying the proper documents and payment fees. Leslie will add this to the consent agenda. Councilmember Kirkham motioned to approve the amended consent agenda. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Ellis - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion passed. ACCOUNTS PAYABLE: Councilmember Waite asked about the procedure for charging gas at Speedi- Mart. Lance stated the license plate of the vehicle is written down and the person purchasing the gas brings 4 06-05-08 City Council Minutes the receipt to Rachael at the front office. Councilmember Ellis said no one at Speedi-Mart verifies the information so someone might get off with free gas by giving a city vehicle number. Councilmember Bean said that if would be a good idea if they got a gas card. Councilmember Ellis said we could use off road gas in our trucks which could save 20 cents in bulk but you have to stay under 1000 gallons. Councilmember Powell said that they could write down the odometer and it could match how much gas and add that to the ticket. Lance said it would have to be tracked manually. Councilmember Bean recommended a chart of account for all the council. Councilmember Ellis asked that the invoice numbers be listed instead of the date entered. Leslie stated she will check into. Councilmember Bean motioned to approve the accounts payable as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Powell - Yes, Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Ellis – Yes, Councilmember Thompson - Yes. The motion passed. Councilmember Waite will check on the gas procedures for the next work session. ACTION ITEMS: 1. Suzette and Kevin Niederer, 5231 Lindee Lane, Sidewalk Consideration Suzette Niederer from the Cottages asked about her sidewalk. She said there was a stake 59 feet from the stake that Bruce Rose had told her about. Lance stated that it still isn’t to the edge of the property. She was only expecting a bill of $1500 but then it was $3000. Councilmember Kirkham said that the sign is in the way to run the sidewalk the length of her property. Councilmember Bean stated that sidewalks run the entire length of the property. Lance’s statement said they put in 85 feet of sidewalk that is 5 feet wide but hers is 4 feet. Councilmember Powell asked if Suzette had the estimate for the $1500. She stated that her computer crashed and she no longer has her estimate – it was her brother in law doing the project. Councilmember Thompson said her sidewalk is more than 85 feet since the front of her property is 105. Suzette said she is happy with the front sidewalk she just wants the side taken care of. It cost her $300 to put the forms in. Suzette said they were going to put 20 feet in and it ended up being 79 feet. Councilmember Kirkham said that it’s the council’s fault that the sidewalk is not right and the whole neighborhood is wrong. Councilmember Bean is willing to deduct $200 for 4 feet and not 5 feet. That would be $2800, he is okay with that. Councilmember Ellis ran the numbers it would have ran $2800 at 4 feet last fall. She wants $2500 over 12 months. Leslie explained that the City has never authorized 12 months but the council can approve it if they so desire. Office staff has only done 6 months and to Council for 9 months. Suzette wanted the City to take off $1000 because they were going to only pay $1500. Suzette was put on hold for her swale while others have had to put theirs in for 4 years while they have waited for something to be done about her sidewalk. Councilmember Kirkham recommends meeting her halfway at $2500 and giving her 12 months. Councilmember Thompson asked who would pay for the rest of the bill. Councilmember Bean motioned to do $2800 and give her a 12 month contract. Councilmember Ellis seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Ellis - Yes, Councilmember Kirkham - No, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Powell - No. Councilmember Kirkham said it’s an undue hardship and the City has some responsibility for the neighborhood. Councilmember Thompson said he had to put in his own sidewalk. Councilmember Kirkham said constructions should not have continued in the Cottages until some of those things had been done when there were only six houses in the neighborhood. The sidewalks were not put in, roads were falling in and the swales were not in. She holds the City responsible for the bad things in the Cottages. I have sympathy for them. Councilmember Ellis would not disagree but every other citizen would have to pay for that mistake and he had to have a sidewalk. Ellis told her she had more power as a consumer than the Council to correct this by contractor registration act. Leslie asked Suzette to come in next week to sign the agreement. Councilmember Powell never stated his reason. The motion stands. 2. Hill Tank #1 Lot Purchase (Lee) Councilmember Waite motioned to table the Hill Tank #1lot purchase. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson – Yes, Councilmember Ellis - Yes, Councilmember Powell - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion passed. 5 06-05-08 City Council Minutes 3. Resolution 2008-006 – Reimbursement of Wastewater Treatment from Revenue Bond Councilmember Ellis asked for an explanation. Councilmember Bean stated that we are initially setting up a promissory note from DEQ and we will pay the expenses and this promissory note will reimburse the City then the bond allows us to pay back DEQ. Councilmember Kirkham motioned to approve Resolution 2008-006. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham -Yes, Councilmember Waite -Yes, Councilmember Ellis - Yes, Councilmember Thompson - Yes, Councilmember Powell – Yes, Councilmember Bean - Yes. The motion passed. 4. Resolution 2008-007 – Establish July 3rd for Public Hearing on Judicial Confirmation Councilmember Ellis asked where the 5 million is coming from. Ted said it is from the interest downward revision from DEQ so instead of being in debt for 15 million, it will be 20 million. The attorney fees are $15,000. Councilmember Ellis said that he is concerned that the sewer project will not go through and that it is an expensive try. Councilmember Kirkham motioned to approve the resolution. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Powell - Yes, Councilmember Ellis - Yes. The motion passed. 5. Authorization for Mayor to Sign Bond Counsel Services Agreement Councilmember Bean motioned to approve. Councilmember Powell seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Powell - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Ellis - Yes, Councilmember Kirkham - Yes. The motion passed. 6. Ord 452 Rezone 3200, 3210, 3220 Romrell – R-1 to R1-A Councilmember Bean read Ordinance #452 Rezone 3200, 3210, 3220 Romrell – R-1 to R1-AAN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION Councilmember Bean OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. motioned to recommend 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 Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes, Councilmember Ellis -Yes. The motion passed. Councilmember Bean read Ordinance # 452 Rezone 3200, 3210, 3220 Romrell – R-1 to R1-AAN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE Councilmember Bean motioned to accept Ordinance #452 as an ordinance of the City of DATE. Ammon on this third and final reading. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes, Councilmember Ellis - Abstain, potential conflict of interest. The motion passed. 7. Ord 453 Rezone Dove’s Landing Councilmember Bean read Ordinance # 453 Rezone Dove’s Landing AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bean motioned to recommend 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 Kirkham seconded. Roll call vote: councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes, Councilmember Ellis - Yes. The motion passed. Councilmember Bean read Ordinance # 453 Rezone Dove’s Landing AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN 6 06-05-08 City Council Minutes THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bean motioned to accept Ordinance # 452 as an ordinance of the City of Ammon on this third and final reading. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes, Councilmember Ellis - Yes. The motion passed. 8. Ord 454 Rezone West End of Wanda – R3-A to RP Councilmember Kirkham read Ordinance # 454 Rezone West End of Wanda – R3-A to RPAN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING Councilmember Kirkham motioned FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. to recommend 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 Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes, Councilmember Ellis - Yes. The motion passed. Councilmember Kirkham read Ordinance # 454 Rezone West End of Wanda – R3-A to RPAN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING Councilmember Kirkham motioned FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. to accept Ordinance # 452 as an ordinance of the City of Ammon on this third and final reading. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes, Councilmember Ellis - Yes. The motion passed. 9. Ord 455 Rezone Mountain West Storage (formerly Kvarfordt) R2 to C-1 Councilmember Kirkham read Ordinance # 455 Rezone Mountain West Storage (formerly Kvarfordt) R2 to C-1 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; Councilmember Kirkham motioned to recommend that the PROVIDING FOR AN EFFECTIVE DATE. City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes, Councilmember Ellis - Yes. The motion passed. Councilmember Kirkham read Ordinance # 455 Rezone Mountain West Storage (formerly Kvarfordt) R2 to C-1 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; Councilmember Kirkham motioned to accept Ordinance #452 PROVIDING FOR AN EFFECTIVE DATE. as an ordinance of the City of Ammon on this third and final reading. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes, Councilmember Ellis - Yes. The motion passed. 10. Resolution 2008-008 – Adopt new Comp. Map Councilmember Bean motioned to accept Resolution 2008-008. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Ellis - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Powell - Yes. The motion passed. 11. Development Agreement – Walgreen’s D2 Councilmember Powell motioned to accept the development agreement for Walgreen’s D2. Councilmember Ellis seconded. Roll call vote: Councilmember Powell - Yes, Councilmember Ellis - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion passed. 7 06-05-08 City Council Minutes 12. Development Agreement – Sunnyside Maverik D1 Councilmember Bean motioned to accept the development agreement for Sunnyside Maverik D1. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Powell - Yes, Councilmember Thompson - Yes, Councilmember Ellis - Yes, Councilmember Waite - Yes. The motion passed. 13. Development Agreement – East Idaho Commerce D4 Councilmember Ellis inquired concerning the escrowed funds. Ron is keeping track of the escrow funds and information in the restricted funds. Rex is worried about the sewer, they either have to be hooked on to someone or they have to have a septic tank. Lance stated sewer is not a part of this development because there is no sewer requirement for the buildings being proposed. Council thinks it needs to be there. Bill Manwill, 2700 East Lincoln Road, said that it is part of the original plat. Councilmember Bean said that we need reimbursement for the water line. Ron stated that it’s in the development agreement. Councilmember Thompson said that he wants clarification on the SC-2. Councilmember Thompson wants to add the wordage “in undeveloped land in this plat”. Councilmember Thompson motioned to accept with adding the wording “in undeveloped land in this plat” in SC-2. Councilmember Ellis seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Ellis -Yes, Councilmember Bean - Yes, Councilmember Powell -Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion passed. 14. Development Agreement – West States Storage D1 Councilmember Ellis would like Brian Tucker to research if developers are required to register with the State of Idaho, per the Idaho Contractor Registration Act and that number should appear in these documents. Councilmember Kirkham motioned to accept the development agreement for West States Storage D1 with the change to SC1 indicating to the center line. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean - Yes, Councilmember Ellis - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Powell - Yes. The motion passed. 15. Utility Accounts Late Fees (Lee) Councilmember Bean motioned to table the utility account late fees and put it on the next work session. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Powell – Yes, Councilmember Thompson - Yes, Councilmember Ellis - Yes, Councilmember Waite - Yes. The motion passed. 16. Yield and/or Stop Signs – Eagle, Teton and Derrald (Ray) Councilmember Ellis would like the stop signs changed on Eagle. He would like to change the stop sign on Derrald and put it on Derrald instead of Eagle. Councilmember Waite discussed this with the resource officer at the school and he thinks that it is in the right place. It gives the kids a better chance to get out of school safely. Councilmember Waite thinks that the longer street needs a stop sign to break up the street. Councilmember Ellis also recommends putting yield signs on Salmon. Bill says that it should be based on an engineering study. Councilmember Kirkham asked if they always do a study and Bill said they don’t. Lance said that a yield on Salmon makes more sense then a stop sign. Councilmember Kirkham suggests that they put yield signs up and then stop signs, if they do not work. Councilmember Kirkham is concerned about the cost of the traffic study. Councilmember Kirkham and Ellis say they need to do a traffic study next year when school starts. Councilmember Ellis motioned to change the stop signs at Derrald and Eagle so that the stop is on Derrald. Councilmember Kirkham seconded. Roll call vote: Councilmember Ellis - Yes, Councilmember Kirkham - Yes, Councilmember Bean -No, Councilmember Thompson - No, Councilmember Waite - No, Councilmember Powell - Yes, Mayor Ard - No. The motion failed. Mayor Ard stated this issue should be revisited after the new bridge is in. 8 06-05-08 City Council Minutes Councilmember Ellis motioned to install yield signs at the intersection of Salmon and Eagle with the Salmon Street as the yield. Councilmember Powell seconded. Roll call vote: Councilmember Ellis - Yes, Councilmember Powell - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion passed. 17. Founder’s Point Water Line Reimbursement (Lance) Lance changed the last line 12 in. plastic to 14 in. ductile iron and it lowered the price approx. $48,000.00. Lance talked about the booster station and tank. Councilmember Bean asked if the money comes out of capital outlay. Councilmember Ellis understood that we could use our DEQ loan to pay this now but when the loan pays off and we use the bond, we will have to pay it off. Bill Manwill said this was part of the water project when we went for bonding. Councilmember Ellis motioned to approve this $216,197.75 to Foothill Properties. Councilmember Waite seconded. Roll call vote: Councilmember Ellis - Yes, Councilmember Waite - Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes but he wants documentation for the costs, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion passed. Councilmember Ellis will check into whether this is bond reimbursable. 18. Advisory Vote Full-time Mayor on Ballot - Date to be Determined (Leslie) Leslie explained that we cannot put the vote on the national election. The County uses different District areas for the City and the National. We would have to have two ballots and two staffs and the County does not have the personnel to do it. We could do a special one in February but the costs would range from $8000 - $12,000. Leslie suggested if we send out prepaid ballots and ask for an advisory vote from them which should cost around $1800 not including the return postage. Councilmember Kirkham will help Leslie with the plans for this. 19. Law Enforcement Contract (Lee) Councilmember Bean said they put our offer in the form of an exhibit of what the City will pay and what it won’t. Paul wants a contract at $9.26 FTE and we will pay 85% =$892,000. The question is whether we pay for a dare officer and a school resource officer and he wants to pay 25%. Councilmember Kirkham would rather not pay anything for the dare officer. The School Dist. pays for 60% and the County pays 40% and we pay 25% of the County’s portion. Councilmember Kirkham says that there is only one dare officer now. Councilmember Kirkham thinks that it’s not the city’s responsibility to pay for a dare officer, it’s the districts responsibility. Councilmember Kirkham stated that the dare program is not as effective because the meth problem in our City is so high. Council has mixed feelings on having a dare officer verses a school resource officer. Councilmember Thompson said there are 29 officers and we paying a 1/3 of the wages. Councilmember Powell asked for the sheriff to come in quarterly, it is in the contract. Council needs to ask a lot of questions to the police or else the officers will get frustrated and feel they have wasted their time coming to our session. Councilmember Bean said they will be enforcing our City ordinances that we agree on, at a cost. The City is responsible for its own dispatching; however, the City of Ammon will be able to use Bonneville County’s 911 services, if Ammon cannot reach an agreement with Idaho Falls. Councilmember Kirkham motioned to approve the Mayor’s presentation of the law enforcement contract to the Bonneville County Sheriff’s office. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Powell - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Ellis - Yes. The motion passed. 20. Taylorview Lift Station - Electrical Equipment Company - Emergency Bid Approval (Lance) Councilmember Ellis motioned to approve the Emergency Bid Approval of the Taylorview Lift Station contract with Electrical Equipment Company. Councilmember Powell seconded. Roll call vote: Councilmember Ellis - Yes, Councilmember Powell - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion passed. 9 06-05-08 City Council Minutes 21. Under $500 Salvage of Swing Set McCowin Park and Donation Thereof to School District 93 (Leslie) Councilmember Powell motioned to approve the salvage of the swing set at McCowin Park and donating it to School District 93. Councilmember Ellis seconded. Roll call vote: Councilmember Powell - Yes, Councilmember Ellis - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion passed. 22. Under $500 Salvage of Fire Dept’s 1993 Chevrolet Caprice in Exchange for 2002 Ford Crown Victoria from BCSO Councilmember Powell motioned to approve the exchange of the Fire Depts. 1993 Chevrolet Caprice for the County’s 2002 Ford Crown Victoria and authorize the Mayor to endorse the title over. Councilmember Waite seconded. Roll call vote: Councilmember Powell - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Ellis - Yes. The motion passed. 23. Altius Health Insurance Policy Approval for Employees (Dana) Councilmember Kirkham motioned to table until the next session. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Ellis - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Powell - Yes. The motion passed. 24. Well #8 Cooling of Building Cost Estimates (Lance) Lance said the difference between Option #1 and Option #2 is with Option #1 they aren’t changing out the cabinet. Option #2 is a heavy metal enclosure and it can ramp up and down without turning off and on and costs $40,503.00, which is a good price for the unit. Mayor Ard stated we fought this all last summer and it needs to be done now. Councilmember Ellis motioned the City declares an emergency on Well #8 and accept option #2 for the emergency repair in the amount of $40,503.00 and authorize the engineer to proceed. Councilmember Powell seconded. Roll call vote: Councilmember Ellis - Yes, Councilmember Powell - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion passed. DISCUSSION ITEMS: 1. Frontage Fee Review (Ron) Ron stated that Rocky Mountain and Mountain River both gave him bids which he averaged together. Asphalt has risen substantially. Does the Council want him to raise them up to the 5% or adjust the ones that seem extra low? Councilmember Ellis stated to adjust them to the highest amount and have the hearing. 2. Meetings with Quorum (Leslie/Scott) Leslie said that the AIC tape said you cannot have more than two and discussed a quorum. The quorum is not what we would think, it is a meeting quorum not how many council are present. AIC stated that if you can get concurrence with your attorney, then use it. Scott Hall has concurred that we will allow up to two council in a meeting and he will defend it, if necessary, to help avoid all the confusion. So we won’t have to do minutes if there only two people there, but we will if there are three. 3. Update Well #10 (Lance) Lance has an update for Well #10. Lance said that not very much had been accomplished since last week. Councilmember Bean stated that we need to start being more strict with the 90 days, and then penalties will kick in. Per Lance, they had a guy out there the other day that did not 10 06-05-08 City Council Minutes have class drilling permit that he should of to be on the job and Tom Wood sent his home to get someone who did. Tom Wood is part of the contract with Harper Levett. 4. Tiebreaker LID Request for Proposal Discussion (Lance) Lance stated that he got four engineering proposals back and needs the Council’s direction on who wants to go over the proposals with him. Councilmembers Kirkham, Powell, Ellis and Thompson will review them. They will have two weeks to look at the four proposals and then rate them as they go along then they will decide who they want to interview. 5. Swimming Pool Employees/Family Clarification (Leslie) Employees can get in free to the swimming pool with their household family members. They will receive a card and the household members will get one too so the swimming staff doesn’t have to wonder what is going on. Councilmember Kirkham wants the whole family on one card. 6. Misc. Councilmember Waite talked about how Woodland Hills Park is a mess and that there is no grass in some places. He suggests the Council go look at it and see what needs to be fixed. Councilmember Kirkham said they will write a letter to them saying that they need to fix it. Councilmember Kirkham said they should call Dwight Parkensen because he the homeowner’s association parks director over there. Councilmember Waite is going to get a hold of him to join us in talking with Rockwell. We will also have Ken Knoch draft a letter. Councilmember Thompson said that there is no sidewalk on a property in his neighborhood. He said that they need to get the lot fixed up; there is no grass or sidewalk. This is on Matchpoint, off of John Adams. Council discussed that a sidewalk needs to go in before someone moves in and if it doesn’t, then they need to put one in. Council talked about telling them to put a sidewalk in before they can have a CO. Council talked about giving a temporary CO to move in then they are required to have asphalt in front of their house. Council talked about adding things to the requirements. Councilmember Bean talked about the budgets. He wants all the Department heads to go over them. He talked about talking money out of the water and sewer lines. Council discussed the modular school buildings and how they think it is a bad thing that there are no bathrooms in there. The Council talked about how the district should plan better for the amount of children and how much room they will need. th, Leslie discussed that we will have four members missing from June 19 so we won’t be able to hold the meeting. It was decided to have the session right after the next weeks work session starting it at 6:30 pm. Councilmember Kirkham motioned to move into executive session pursuant to Idaho Code 67-2345(1) (c, f, j). Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes, Councilmember Powell - Yes, Councilmember Waite - Yes, Councilmember Ellis - Yes. The meeting adjourned at 11:25pm. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk 11 06-05-08 City Council Minutes