Loading...
11062008CouncilMinutes.docx CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, NOVEMBER 6, 2008 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, NOVEMBER 6, 2008 – 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Ellis Prayer – Councilmember Thompson MINUTES: Sept 11, Sept. 17, Sept. 18, Oct 2, Oct 9, and Oct 16, 2008 ITEMS FROM MAYOR: Judicial Confirmation for Sewer System CONSENT AGENDA: Business License 1.Eric’s Auto Repair – Pulled for Decision Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Ted Hendricks Contract for Sewer/Water (Mayor) 2.Cloud Seeding Participation th 3.Curlew & 17 Traffic Signal Upgrade (Lance) 4. Salvage under $50 Authorization for Donation/Sell/Destroy (Leslie): a. Public Works Shop - Toshiba Copier – Value $0 – Donate b. 2002 (approx. year) Hewlett Packard Personal Computer – Value $10 – Sell c. 2001 Microserve Personal Computer and Monitor – Value $0 – Destroy d. Office - Hewlett Packard Printer Model LJ 4000 – Value $0 – Destroy DISCUSSION ITEMS: 1.Christmas Tree Lots Exceptions (Leslie) 2.Ammon Liquor Store Update and Election Possibilities (Leslie) 3.Misc. EXECUTIVE SESSION: 1. Personnel (Mayor/Bryan) MINUTES City Officials Present: Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Brian Powell Councilmember Rex Thompson Councilmember D. Ray Ellis City Attorney Scott Hall City Clerk Leslie Folsom City Treasurer Jennifer Belfield City Planning Director Ron Folsom City Engineer Lance Bates Page 1 of 8 11-6-08 Council Minutes City Officials Absent: Mayor Bruce Ard Councilmember Randy Waite Councilmember Kirkham opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South Ammon Road. Coleman Johnson, Scout from Troop #289, led the Pledge of Allegiance and Councilmember Thompson offered a prayer. MINUTES: Sept 11 – Councilmember Kirkham motioned to approve the minutes as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes and Councilmember Ellis – Yes. The motion passed. Sept. 17 - Councilmember Kirkham motioned to approve the minutes with the spelling correction from Biscott to Pisca. Councilmember Ellis seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Ellis – Yes, Councilmember Bean – Abstained due to absence from the meeting, Councilmember Thompson – Yes and Councilmember Powell – Abstained due to absence from the meeting. The motion passed. Sept. 18 - Councilmember Thompson motioned to approve the minutes with the spelling correction of exchange order to change order on page 5. Councilmember Ellis seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Ellis – Yes, Councilmember Bean – Yes, Councilmember Kirkham – Yes and Councilmember Powell – Yes. The motion passed. Oct 2 – Councilmember Ellis motioned to approve the minutes as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Ellis – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes and Councilmember Kirkham – Abstained due to absence from the meeting. The motion passed. Oct 9 – Councilmember Kirkham motioned to approve the minutes deleting Councilmember Powell’s vote adjourning since he had to leave the meeting early. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Yes. The motion passed. Oct 16 - Councilmember Bean motioned to approve the minutes as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Abstained due to absence from the meeting, and Councilmember Kirkham – Yes. The motion passed. ITEMS FROM MAYOR: Judicial Confirmation for Sewer System: Councilmember Kirkham advised the Council that this will be delayed until the Mayor is present. CONSENT AGENDA: Business License including Eric’s Auto Repair – Pulled for Decision: City Clerk, Leslie Folsom informed the Council that she removed Eric’s Auto Repair from the business license consent agenda for the Council to review the procedures for auto repairs in home occupations. Leslie stated she is concerned that we might be opening up uses in the residential areas that we might not want. The situations that she sees, as potential problems, are hazardous waste materials, congestion in the streets with vehicles for waiting for repair and noise. Councilmember Bean asked if auto repairs are truly conductive to residential areas. Councilmember Thompson stated that they have operated for years and without the neighbors having any problems. Councilmember Kirkham stated the Council cannot make a decision based on one individual they have to look at the group as a whole. Councilmember Bean suggested tabling his license, which will allow him to continue, until the Council has time to come up with some guidelines. Ron with Councilmember Thompson and Leslie will come up with some guidelines including the hazardous waste items. Councilmember Powell motioned to approve the amended business license consent agenda and to table Eric’s Auto Repair until the guidelines are set. Councilmember Kirkham seconded. Roll Call Vote. Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes, and Councilmember Bean – Yes. The motion passed. Page 2 of 8 11-6-08 Council Minutes Accounts Payable – Exhibit A: Councilmember Bean questioned the $150,000 Teton Communication money for the fire dept and if we had received the funds from the grant. Jennifer stated yes. Councilmember Ellis asked concerning the water fund did we receive the funds from DEQ. Jennifer stated yes. Councilmember Bean motioned to approve account payable as presented. Councilmember Ellis seconded. Roll Call Vote. Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes and Councilmember Powell – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Jennifer asked for procedural verification on the truck for the parks department. Ken has confirmed with Lance to piggyback onto recent local government purchases in the State to get the best truck possible. Councilmember Powell stated that the Mayor just needs to approve it, since it was approved in the budget. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Stan Petersen, 2225 Dove Drive Ammon ID stated he has worked for the City of Shelley for 14 years and is currently a Sergeant. While he would like to say that the Bonneville County Sheriff’s Department is good at being reactive he doesn’t see a lot of proactive law enforcement and he feels that is an important component. A good police department needs to be looking for drugs, stolen property, and undesirable people. He would like to see more proactive enforcement. Leslie informed him that the County is not doing City ordinance enforcement. Shelley spends a lot of their time enforcing ordinances. He feels the City can get better enforcement. Overall, when the City has their own police department, he feels you get more of your money back by local enforcement and finding people who are breaking the law instead of just letting people call in. He offered to have members of the Council ride in his car to see the kind of enforcing that Shelley has. Councilmember Ellis asked how many officers Shelley has. Stan stated they have 8 full-time and one part-time including the chief with their budget of $684,000. Councilmember Kirkham stated that the City has contracted to do a feasibility study and she would like Stan to take a look at it since they are out of Oregon and perhaps he will see things. Stan stated he would like to look at it since there are a lot of parallels with Shelley and Ammon. Shelley is only 5000 people and Ammon is larger than this. He feels Ammon would probably need 2 maybe 3 more officers than Shelley which would allow two officers to be on duty at a time. Based on Shelley’s budget, he feels we could do it well under $1 million and put it together with motivated officers. Since we compete with Idaho Falls, you would have to watch the salaries but you can do that based on this budget. Councilmember Ellis asked about training. Stan said you can send them to the academy but if you hire out of the ISU academy this is already done. He feels it is better to hire those already certified to alleviate the loss of time on the job and expense. When you first put together your own police force, you will have complaints when you start to hold citizens accountable. Councilmember Powell asked if Shelley handles their own investigations or do you outsource them. Stan responded by stating Shelley asks the County for help on extensive cases, for instance, homicides. Scott stated the County has to help for felonies. Councilmember Kirkham asked Stan to come to a work session when the feasibility study comes back. Stan left a copy of the Shelley Police Department 2009 budget and list of the arrests/traffic enforcement. The chief does know he is giving these out and that he is presenting this to the Council. Lennis Terrill handed out the City of Ammon’s and Idaho Falls’ utility bills for his stores. Lennis compared the garbage rates between the two cities and requested to have the City revisit this issue. Councilmember Ellis asked how many times a week does the City of Idaho Falls dump it. Lennis stated both areas are dumped three times a week. Councilmember Ellis stated he will look at it since it falls under Public Works and he will be in touch with Lennis. Kathy Haderlie stated she has been involved in the neighborhood watch in the Trailway/Tiebreaker area. She has gotten with the principal and he has opened up the school to invite the neighborhood to discuss the neighborhood watch, walking school buses and street crossings. She stated it will be at Tiebreaker at 7:30 pm on th November 19. Guy Blisner, Councilmember Kirkham, Councilmember Thompson and Councilmember Bean will be there. Page 3 of 8 11-6-08 Council Minutes ACTION ITEMS: 1. Ted Hendricks Contract for Sewer/Water (Mayor): Kirkham motioned to table this item until the Council has had time to review it. The Council requested Leslie send it via email for them to review. Bean seconded. Roll Call Vote. Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes and Councilmember Powell. The motion passed. 2. Cloud Seeding Participation: Paul Romrell, 512 Park Street, St. Anthony, ID stated Idaho Power is now involved with all their expertise. Numerous personnel, meteorologists and $300,000-$400,000 worth of equipment will be located in our area this year. Last year we had 21 manually operated snow generators and this year we will have 24 manually operated plus 3 remote controlled generators which will allow better remote locations on private lands, state, county but not federal lands. They can be activated via lap top computers rather than people. They have provided us with a weather station with balloon launch capabilities and plan to launch 80 balloons from the St. Anthony area which will go down wind and send back data to Ashton for the meteorologists in Boise to make decisions. The reservoirs are at their highest levels that they have had in years. Our costs have gone up because it’s a silver iodide project and propane has increased so the budget has been raised from $120,000 to $150,000 this year. The contributors at this time are, all of the counties from Power County north up the Snake River, numerous cities, and the major contributor is the irrigation people. Councilmember Thompson asked if the bigger area gives you a more uniform distribution. Paul stated yes. Cloud seeding will increase the snow pack from 2 – 7% and it takes at least a 5 year program to get good effects. Idaho Power might use airplanes by next year which can increase the snow levels out of a cloud by 35%. The target areas are in the mountains but it benefits all the areas. Councilmember Powell inquired as to how much of the snow fall goes on the other side of the continental divide. Paul stated the effects go 30 miles downwind. The experts’ state when the snow clouds hit the continental divide they slow down and ideally you go for the updrafts. You’ll notice that you will have a small amount in Idaho Falls and then there are greater amounts in Island Park. He has a map, from Idaho Power, showing the historical moisture received in each square foot mile during a 12 month season. They take this detail and look at the area where they can receive the most snow fall away from the population base. Councilmember Kirkham asked if he was looking for a similar donation. Paul stated yes or better. Councilmember Kirkham asked why we weren’t listed as a contributor. Paul stated he didn’t realize this error and will see that we get credit. Councilmember Thompson stated that we contributed $5000 last year. Councilmember Bean stated we will take the money out of water code #61- 434-695. CouncilmemberBean motioned to approve $5000 for High County Resource. Councilmember Powell seconded. Roll Call Vote. Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Yes. The motion carried. Lance asked if it would be appropriate to budget for this in the next fiscal year. Council stated yes. th 3. Curlew & 17 Traffic Signal Upgrade (Lance): Lance explained the different invoices to the Council. The first one is for the controller that we are currently having a problem with and doesn’t know if it can get worse than now. We would be a beta test site which means it’s a new system and ITD will be participating with us and this is our portion of the expense. Councilmember Powell asked what does video mean. Lance stated it is a video camera which will detect contrasting colors of the vehicles. Councilmember Ellis stated if you have several cars backed up, it senses the colors and changes the signal. Lance stated the other two quotes are for yearly maintenance on each traffic signal. We don’t have an agreement now and just call when we have a problem but this would enable us to do some preventative maintenance. They are different amounts since one is an LED traffic signal and they only have to clean the lens. If we want to look at replacing the one at Curlew with LED, then it would cost a little up front but would pay for itself in time. Lance stated he would like to do the first invoice for the controller and later decide whether to go with the maintenance. Councilmember Powell asked what the charge is th per call. Lance said it is approx. $250 and they have been out 15 times. Councilmember Bean asked how the 17 and Ammon traffic light is working. Lance stated it seems to be working well. Councilmember Ellis motioned to approve the proposed contract to Skyview Electric for $2353.00 for the beta test and new video system. Councilmember Powell seconded. Roll Call Vote. Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed. Page 4 of 8 11-6-08 Council Minutes 4. Salvage under $50 Authorization for Donation/Sell/Destroy (Leslie): a. Public Works Shop - Toshiba Copier – Value $0 – Donate b. 2002 (approx. year) Hewlett Packard Personal Computer – Value $10 – Sell c. 2001 Microserve Personal Computer and Monitor – Value $0 – Destroy d. Office - Hewlett Packard Printer Model LJ 4000 – Value $0 – Destroy Leslie explained that there are several items that need to be salvaged or destroyed. She has checked with the departments and these are the items that need Council’s decision. Item A is from public works and parts have been broken and the parts cost more than the unit. Item B is from the parks department and we waste employee time due to the slowness of the unit. It was a unit used by Randy Babbitt and he would like to purchase it for $10. Item C was used only for a Linux backup system and has now updated to Compaq and is unusable now. Item D the cartridge now costs $175. Patterson feels they are making the cartridges so expensive to get these units out of the market. Councilmember Powell stated that you can’t destroy the hard drive. Leslie explained that Patterson has cleaned the units. The Council feels it’s not worth $10 for the security risk and recommended to destroy them all. Councilmember Powell motioned on Items A-D to salvage the copier and destroy the balance of the items. Councilmember Ellis seconded. Roll Call Vote. Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. DISCUSSION ITEMS: 1. Christmas Tree Lots Exceptions (Leslie): Leslie explained that she recently had a constituent call and inquired if they needed a business license. She read through the ordinance and realized that Christmas Trees were exempted. She would like clarification as to why we make fireworks license but not Christmas trees, since they carry electrical hazards. The trees are running cords from another business through snow covered roads to the stands and she feels it is a safety issue. Councilmember Kirkham asked Ron if he knew why we had exempted them. Ron stated he was not aware as to why. Councilmember Powell asked how much a temporary license cost. Leslie stated about $50 but her concern is for safety. Councilmember Thompson asked where we have stands in Ammon. Leslie stated Albertsons, Wal-Mart, and Kmart. Councilmember Kirkham said we charge everybody to do business in Ammon. Leslie stated some of the exemptions make sense, for example, fruit stands – they come for a few hours and do not hook onto utilities. Councilmember Bean stated he feels that it should be done as a temporary license. Councilmember Bean stated he can justify the $100 fee for administrative, zoning regulations, etc. There was discussion if the City should charge less for temporary than permanent. Councilmember Bean asked if there is any difference for a temporary versus a full permit and why would we reduce the cost when the paperwork costs and expenses are the same. Councilmember Bean said let’s leave it at $100 until myself, Ron and Leslie can get together to work on reviewing the licenses. Councilmember Kirkham said the time to review a Wal-Mart versus a Christmas tree stand is considerably different. Councilmember Bean said he will work on. 2. Ammon Liquor Store Update and Election Possibilities (Leslie): Leslie said she found out that John was no longer at TGIF and she has met with the manager and we will be receiving all the liquor orders in our Ammon store which should help us reach the $1 million mark in the year. Leslie stated she also wanted to update the Council with the legislature changes on election liquor laws. Beer, wine and hard liquor from the liquor stores that will be open during elections. The only item that cannot be served is from our restaurants with serving individual drinks. She feels this doesn’t make sense to exempt this one item. Leslie stated she has checked with Rose Anderson City Clerk Idaho Falls and she does not know which way the Council is headed but feels they are probably not going to be changing the way they have been doing it. Councilmember Powell said he would like to see what Idaho Falls does. Councilmember Bean stated he would hate to base our decision on what Idaho Falls does or doesn’t do. Councilmember Bean asked why we wouldn’t serve it. What benefits does it do us to not serve it? Scott stated the obvious theory would be of sounder mind, as they go to the polls. Leslie stated but they can buy whatever they want. Councilmember Bean stated Ammon only has bars in sit down restaurants. He wants to evaluate everything based upon facts. Councilmember Bean stated he wants to make sure we are evaluating everything to be sure it’s right for the community. Councilmember Ellis said he would prefer they buy the bottle and go home. Leslie stated that wine and beer is the higher tendency for becoming intoxicated. We are just talking Page 5 of 8 11-6-08 Council Minutes Election Day and they can get beer, wine and hard liquor except in our restaurants. Ron stated the only logical reason is if it hurts our restaurants. He feels we need to be consistent and only change it if Idaho Falls does. Ron stated that beer and wine was served at the zoo and it caused an extreme controversy and we don’t need the publicity but we can follow suit if Idaho Falls does and not suffer the controversy. Leslie concurred this is a good point. Scott inquired if there has been any consideration to taking the polls out of the school. He is concerned with sexual offenders being allowed into the school via voting. Leslie said she has asked Bobbie and she has stated that she can’t do it. Bobbie isn’t having elections at the City Building anymore due to the limited parking. Councilmember Kirkham stated she will talk with the Bonneville County Commissioners and see what she can do. Councilmember Powell asked if those who are convicted of a sex crime can vote. Councilmember Ellis stated they can’t until they complete probation but after that they can. Tom Hunsaker P&Z the high school has a separate auditorium which might make a difference and allow people in without affecting the students. He feels we are going in the right direction with this discussion. 3. Misc.: Lance explained the letter from Idaho Dept. of Water Resources with a warning of possible curtailment of water rights next year. The surface water coalition call is the one that might affect us since we are right on the edge of the Eastern Snake Plain aquifer. Councilmember Ellis asked Lance if we would have to shut off domestic use. Lance stated in curtailment it’s basically cutting down the supply of water and we would have to be sure our residents don’t use as much water, which could mean no watering of lawns. Scott asked if we have ever received a report from the Jefferson Water District. Leslie explained that we have not paid since they were to report to Council and never have. Lance has been trying to get them to our meetings but they have chosen not to come. Council said it’s not budgeted, so don’t worry about it. Ron stated that he is concerned with the group homes in the Oak Ridge development. They have built group homes on each Lot from 8-13. He feels this is too many in a single residential area. He asked Scott if he can go to the attorney general’s office for an opinion concerning if group homes are taking over a neighborhood. Ron explained the residents have to qualify by being mentally or physically disabled or by aging. Lance explained that the water to the group homes is done incorrectly. Councilmember Bean asked why we are against the grouping of group homes. Ron stated his concern is that each home can have up to 8 residents. Leslie stated it will be harder to convert the houses into individual homes. Ron stated these homes could all be rehab centers, however, he feels Arave is into the aging side but we don’t have a restriction. Ron is concerned that in these 10 residences there could be 100 people in an area considered low density. Councilmember Kirkham stated we have already heard from the neighbors around Club Inc they have had problems with police all hours of the night and traffic congestion. Ron asked Scott what we can do. Lance stated that they are tapping off the fire service for domestic service. Scott advised Lance to shut their service down. Councilmember Bean asked how and why they are doing that. Lance stated that Tom Arave didn’t like the suggestions Lance gave him and did something on the spur of the moment and we just found out about it. Council gave Lance instructions to shut down construction, as of tomorrow, until the water is taken care of. Ron said we have an issue on daycare licensing. Recently, Leslie had a person inquiring if they had to license stating she was a school teacher at Montessori and didn’t need to have a license even though she takes care of 18 months – 4 years. Leslie then asked Ron for an interpretation on the daycare license that he wrote. Ron said he feels they should be licensed and would not be exempt. Lauri called Ron and said she disagreed. Ron stated he talked with Margaret, from the other Montessori School and she isn’t opposed to licensing their teachers who teach less than 5 years of age. Margaret and Ron read through the ordinance and the way it is now states mini school and preschool is different than normal education. Scott recommended that Ron change the draft to say similar to and/or substantially the same. Montessori refers to the teaching courses but the law was written to protect against abuse not for curriculum. Ron said that Idaho Falls states anyone teaching less than 5 years of age must be licensed. Councilmember Thompson said their question is if you have a degree like a teacher’s degree do you need the license. Councilmember Kirkham said it’s not about the ability to teach, it’s about interacting with children and the background checks. Ron used a local daycare operator as an example that has a teaching degree so now she does a home daycare, we wouldn’t want to exempt her. The additional cost is just the $50 per year for the investigation. Scott stated that teachers only have to do one license check at the beginning of their teaching, which doesn’t help someone who abuses later. Ron asked the Council if they agreed not to exempt them. The Council concurred. Ron read that he has added the language of 5 years and younger they have to be licensed. Councilmember Kirkham Page 6 of 8 11-6-08 Council Minutes asked Ron if you are teaching a preschool in the home, how much it costs for the year. Ron stated it was $25 home occupation, $50 investigation, $25 fire and $45 for certain daycares for building inspection. Councilmember Thompson said you have CPR and continuing education. Leslie stated it runs approx $3 per month per child. Councilmember Bean stated he has not seen a lot of preschools on our agenda. Leslie stated she just became aware of one a few weeks back which she will be checking on. Leslie stated there were a couple that closed down with the new laws. Councilmember Bean stated he wants the building department checking the construction and if they have a building permit. Councilmember Thompson has two more items on this subject. One is that the licensing requires certain continuing education. Ron said we would accept Montessori training after Leslie sees the curriculum. Ron said he is going to Boise next week and they will be pushing for State enforcement. Ron stated that Idaho Falls only allows State sponsored education, which is STARS. Councilmember Thompson asked why we only accept STARS curriculum. Leslie said we did not limit it just to STARS because we couldn’t get enough participation and classes to handle our daycares. Councilmember Thompson asked why we do the investigations every year. Ron stated we do it every year because the FBI told us that if you let someone go for two years, abuse can be occurring for over two years before it gets stopped. Leslie stated that children under 5 years don’t have the verbal communication skills that kids above this age have, which might be the reason the rules are different in the school system. Ron passed out the City Code changes for the Council to review. Councilmember Ellis asked about the letter for Dean Mortimer authorizing the Mayor to sign which has never been sent. Councilmember Bean advised Leslie to put it on the next agenda. Councilmember Ellis stated he has been working on the connection fee rates with staff since no other councilmember has come forward. He has been doing it Tuesday morning after staff meetings. Councilmember Kirkham advised Leslie to put it on the work session for Councilmember Ellis to present. Councilmember Thompson has been reviewing the minutes and wants an update on some of the items. Has anyone followed up with the architect on the fire house? Leslie stated she had talked with Stacy and he stated that other than one small error that was corrected in a week the plans have been right. The problem has come from Doug’s sub-contractor and the errors he has been making. Councilmember Thompson inquired about the safe routes to school billing. Councilmember Kirkham said the contractor sent it to Lance and Lance sent it to me and the price is $5700 and the City would split it with the School district, however, they aren’t satisfied with the scope of work and they are revising it now and she anticipates seeing it any day. Council concurred they are ok with the amount. Leslie asked if we still have to pay him, if he doesn’t recoup anything. Kirkham stated no, it’s only if he gets the funds. Scott said you could give him a % with a cap. Councilmember Thompson said the speed limit sign on First Street says speed limit 25 mph unless posted. On First Street the 35 speed limit comes first then the 25 mph. Councilmember Ellis stated the one sign is an informational sign. Councilmember Thompson asked Lance to drive by and take a look. Councilmember Thompson asked what has happened with the snowbird recommendation. Leslie stated it was creating a penalty if they illegally turn their services back on. Ron stated Scott was comfortable in charging it as a misdemeanor which is a $300 fee. Councilmember Powell advised the Council that the network is just about set up so you can access your agenda from home. Councilmember Thompson stated he would still like a hard copy. Council requested that the email be into the City not to their individual emails. Scott inquired if there was any way to do attorney confidential for litigation or personnel. Tom Hunsaker said to mark the e-mail attorney confidential etc. Councilmember Bean stated that communication internally is subject to discovery and attorney is privileged. Scott said to send all the information that could go into litigation to Scott and he will forward as privilege. Councilmember Powell stated he and Bruce Patterson have had discussions with the Idaho Falls Electric Division which runs the Fiber Network. He also talked about the ISP, Robert and the Dist. 93 network. He would like to put it on the Council Nov. 20th agenda. He feels we have learned from Idaho Falls mistakes and we can set up residents for a cheaper package of components. Robert has home inventions to push back information to the City, gas, water, sewer and electric for the fiber network creating a smart home. The Council decided to meet at 5:30 pm. Leslie said if the Council meets at 5:30 pm they will need pizza or something. The Council asked for sandwiches. Councilmember Powell stated that there is urgency, since Dist. 93 is being aggressive and needs to move on with it. Driggs has some of these installed and Bruce Patterson will be meeting with them. Robert will be Page 7 of 8 11-6-08 Council Minutes here to answer the Council’s questions. Idaho Falls’ biggest error was they didn’t light the fiber. We will build the fiber and light it. Councilmember Bean asked if a municipality can buy power from another power company and if so, can we buy power from Idaho Falls and sell it? Lance stated Idaho Falls sells it to Bonneville Power and then buys it back. Councilmember Kirkham said she had a couple of people asking for children at play signs. Lance they are about $75 each and sign lengths (poles) are $60 each. Councilmember Kirkham asked how many do we have in the City. Lance stated he is not aware of any. There aren’t approved signs. Leslie stated when she was doing the parking ordinance – she discovered that the signs were a detriment because people were looking at the signs and not watching for the children. Councilmember Kirkham stated that enforcement would be a better solution. Councilmember Kirkham said her recollection was that Adolpho could only sell memberships to the Cottages but he has opened it up to The Villa’s and Quail Ridge. Ron stated he looked up the conditional use permit and it was not part of it. Councilmember Bean said his opinion is once he goes outside the neighborhood it becomes a public pool. Scott said we probably need to listen to the minutes. Councilmember Bean stated that you can construe the CUP for this subdivision because it is RPA and it is for that area only or it becomes a public pool. Leslie said the meeting notes state Adolpho talked about the benefits to the residents of the Cottages and there is plenty here to support it. Councilmember Bean said he wants a letter stating there shall be no memberships outside of the Cottages and request a list of the memberships he currently has. Councilmember Kirkham said she doesn’t want an Apple Athletic Club inside of a neighborhood. Council wants the letter to come from the Council via Ron. Councilmember Kirkham said she is concerned with Lance’s office and he needs an assistant. Councilmember Bean would like to have Gay do some of the work. Lance stated she is amicable. The decision was made that Dana would talk with Charlie. Councilmember Thompson discussed Phil Henry and his lot on Tiebreaker. Kathy who was here talking about the neighborhood watch has stated that he is hauling concrete and lumber from other construction areas and putting it onto the lot for storage. Ron stated that Shawna ticketed him today. He has called Leslie for a discussion; however, she is uncomfortable doing this since she has personal issues with him because he owns the house next door to her. Ron stated that he would be ok to call him and will pass it onto Councilmember Bean, if needed. EXECUTIVE SESSION: 1. Personnel and Pending/Threatened Litigation Issues (Mayor/Bryan): Councilmember Kirkham moved to enter executive session pursuant to provision of Idaho Code 67-2345, subsection 1 (a) and (j). Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Ellis – Yes. The motion passed. The meeting adjourned at 10:15 pm. ________________________________________ C. Bruce Ard, Mayor __________________________________ Leslie Folsom, City Clerk Page 8 of 8 11-6-08 Council Minutes