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01152009CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JANUARY 15, 2009 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, JANUARY 15, 2009 – 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Ellis Prayer – Councilmember Thompson MINUTES: None ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: th 1.45 Transmission Lines Water Project - Bid Evaluation – Sommer Construction 2.Change Order Request – Independent Drilling – Well #11 3.Notice to Proceed – Wellhouse #10 Phase 2 4.Notice to Proceed – Wellhouse #11 Phase 2 DISCUSSION ITEMS: 1.Misc. MINUTES City Officials Present: Mayor Bruce Ard Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Randy Waite Councilmember Brian Powell (via teleconference) City Attorney Scott Hall City Clerk Leslie Folsom City Treasurer Jennifer Belfield City Planning Director Ron Folsom City Engineer Lance Bates City Officials Absent: Councilmember Rex Thompson Councilmember D. Ray Ellis Mayor Ard opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South Ammon Road. In the absence of Councilmember Ellis and Councilmember Thompson, Councilmember Waite led the Pledge of Allegiance and Councilmember Bean offered the prayer. Councilmember Powell was phoned by the Council to attend the meeting and allow a quorum to be formed. MINUTES: None 1-15-09 Council Minutes Page 1 of 5 ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday January 15, 2009 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE 2008: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Beautiful Girl – Retail Sales – 2545 S. 25 E. st B.Hyde, Lori – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street st C.Cook, Courtney – Daycare Employee/Snake River Montessori – 2970 E. 1 Street 2.RENEWALBUSINESS LICENSE APPLICATION: A.Henriksen, Butler Design Group – Design – 3560 Rich Lane th B.Zimapan Tortilleria – Restaurant – 3350 E. 17 Street th C.Mark of Excellence – Salon – 3039 E. 17 Street th D.Optical Illusions – Optical – 3160 E. 17 Street th E.Battelle Energy Alliance – Engineering – 2752 E. 14 N. th F.Leatherby’s – Restaurant – 2489 S. 25 E. G.Greater Idaho Falls Association of Realtors – Real Estate – 1508 Midway Ave. HOME OCCUPATION PERMITS 2008: 1.NEW HOME OCCUPATION PERMITS: A.Delightful Days Child Care and Learning Center – Daycare – 2876 Hidden Hutch Drive B.Kate’s Secret – E-Commerce – 4280 Wanda Street 2.RENEWAL HOME OCCUPATION PERMITS: A.NTL Group, Inc. – Consulting – 3789 Windmill Drive B.Drake Ventures – E-Commerce – 3924 Boulder Creek Lane C.B & L Flags – E-Commerce – 3075 Devonwood Business License: Councilmember Waite motioned to accept the Business License Agenda as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Bean asked Councilmember Kirkham if the enforcement contract was correct. Councilmember Bean made the motion to accept the Accounts Payable as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes, and Councilmember Powell – Yes. The motion passed. Councilmember Bean asked Ron Folsom if we had all the flood plain money for the invoices we were paying. Ron said that Rockwell is paying by statement. We have the County’s but no one else. Councilmember Bean asked Ron how much we are going to be short on Foothill Properties. Ron stated that Foothill properties owed $50,000.00. Councilmember Bean asked Ron how we were going to make up the $50,000.00. Ron stated we have discussed it, but we’re not to that point yet. Councilmember Bean stated he thinks we will get to that point sooner or later and we should discuss it with the county and Rockwell and see who is going to fund that. Ron said he and Mayor Ard have talked about it and proportionate shares had been calculated for each of the developers. Ron asked are we going to ask the other 3 entities to pay Foothill’s share. Scott asked before we did that, why wouldn’t we pursue Foothill’s for collection of the amount and execute against property or whatever else we have to, to collect their share? Ron stated its part of what we submitted on the estate. Scott stated that’s George McDaniel’s estate. It seems to me we could still bring a cause of action against Foothill Properties and foreclose property, if we have to. Councilmember Bean said he would rather have Foothill do it than have to have the rest of them do it. The fact still remains that even though you get a judgment, you are only going to get the judgment when the real estate sells. Councilmember Bean stated he would recommend we go ahead and instigate a legal action. Scott asked if Ron could get him a copy of the contract, so that he can proceed with the legal action. Scott also stated he didn’t know if 1-15-09 Council Minutes Page 2 of 5 he might need to get consent from the County and Rockwell because they are parties to the contract, for us to represent them in that action. Ron said the flood plain contract is between us and Williams. Scott stated it’s with contributions from the other three entities. Ron said with memorandums of understanding from the other three. Scott asked Ron to get him both and we could proceed ourselves. Councilmember Bean said a memorandum of understanding isn’t the same as a contract, can it be utilized the same as a contract? Scott said he would have to read it, but he thinks we still can. ITEMS FOR/FROM TREASURER: Jennifer said they received the updated financials for the end of December. One item that looks unusual is the cash in bank line item and, the reason that is a negative; there really is money there, but we wrote the checks for the sewer project. We create the check, send copies to the Army Corp to get reimbursement and we send it when she physically has the check in her office. She checks the bank balance everyday to monitor it. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Phil Deaton, 2040 Eagle Dr., Ammon, ID came to speak to the council regarding the snow proclamation regarding cars being on the street between 11 pm and 7 am. He doesn’t think this was well thought out for their area, in the sense, that if we don’t park on the streets we can’t park at all. For example, we have 2 cars and 3 kids in various stages of schooling. They are home during that timeframe and have to park on the street. If they can’t park in front of my house, they can’t park anywhere else in Ammon, can’t park at Albertson’s parking lot overnight, and can’t park at Wal-Mart. We have no other opportunity for people that live in this section of town other than parking in the streets. He has been in Ammon for 28 year and in his history, Eagle has never been plowed on the first night of snow. Usually the first night of snow goes to the main and secondary roads. Mr. Deaton referenced Idaho Falls sending out notices when they are going to plow residential streets. He sees no reason not to be able to park in front of his house, for a maybe something happening. He wanted to encourage a second thought when it comes to making a long standing Proclamation that limits access to a person’s house. He question’s if it’s even legal to restrict free access to a person’s home. If it was a matter of safety, that would be one thing but not for a maybe. Scott said the ordinance allows us to do it and the order allows us to do it by proclamation, so that’s what happened. Phil stated this is the first time we have had a proclamation like this. We have had proclamations to say; we are going to be plowing and you can plow on one side and they are going to be plowing during the day when by the way most of us are at work and the streets are bare, but instead they do this at night when we are sleeping in our homes. He doesn’t know how to handle this for his family. Where do I park their cars? Where is an alternate place to park? We could park on the lawn but it is usually blocked by the snow from the driveway. He doesn’t know any way around the problem, without violating the proclamation. The proclamation was also put in the cul-de-sacs and the cul-de-sacs have never been plowed. Councilmember Kirkham said if we modified the proclamation and had them park on one side of the street on odd nights and the other side on even nights, could it accommodate all the cars? Phil Deaton replied he thinks that’s something he could do. Councilmember Kirkham said she understands his point when there wasn’t snow on the street, and wonders if we could modify it to say the proclamation stands if there is snow on the street. Councilmember Bean asked how many notices the enforcement officer delivered. Leslie stated our enforcement officer took 100 notices out and was able to do 2 streets in Hillview before she had to come back. Councilmember Bean asked what the calls are like that coming are in. Leslie replied they have been very passionate about the situation. Councilmember Bean said it’s the Mayor’s responsibility to issue the proclamation and he has the right to amend the proclamation. Since Councilmember Ellis is not here tonight, he would like to recommend that the Mayor, Councilmember Ellis and Lance get together to decide what is best for the City. ACTION ITEMS: th 1. 45 Transmission Lines Water Project - Bid Evaluation – Sommer Construction: Lance stated the letter went out for bids. We had 17 bidders that ranged from $575,000 to $1.2 million. The apparent low bidder was Sommer Construction. Jeff and his team have reviewed it and they concurred with the apparent low bid for th $570,123.00 for the award of the construction of the 45 East Transmission Lines. It will have the water line on thth Crowley Road from Sunnyside to 17, up 17 and tie in where the church left off. It will also tie in with the Well 1-15-09 Council Minutes Page 3 of 5 st 11 site up to 21. Councilmember Kirkham said she didn’t understand how Sommer can be so much cheaper and do we feel their work is up to par? Lance replied one of the advantages they may have over the others is; some of the others were bidding blasting out the rock that is along Crowley Road, Sommer Construction has already worked out a deal to use a rock saw which can save a significant amount of time. So they felt they could save quite a bit of money by using the rock saw versus blasting the rock or just hammering out with a track hoe. Jeff Freyberg, 356 W Sunnyside, stated he is familiar with Sommer Construction. They were the low bidders on Phase 1 of the Sunnyside project and the tank project. They do great work and are easy to work with and he has no reason to believe they won’t continue that. They are only $50,000 lower than the second bidder H2. Lance stated we need the Mayor to sign the notice of award. Councilmember Bean motioned to approve the Sommer Construction bid in the amount of $570,123.00 for th the 45 street transmission line and authorize the Mayor to sign the notice of award. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, and Councilmember Kirkham – Yes. The motion passed. 2. Change Order Request – Independent Drilling – Well #11 : Lance explained that this item is pulled from the agenda since the numbers did not add up and I am making them go back and correct the discrepancy. 3. Notice to Proceed – Well house #10 Phase 2: Lance stated he has met with the contractor to redo his bid to figure out what the extra architectural projection will cost. This notice to proceed basically lets him get going with the work and allows him to bill for materials that are on an electricians site to the tune of close to $100,000 although some of that may change with the redesign of the building and the increase in the size of the pumps and motors because of the increase in the size of the well volume. The contract start time will be February thth 16. Lance stated it should be online in June with the final completion on July 16which is on the notice to proceed. Councilmember Bean said this one has to meet the deadline. Councilmember Bean motioned to authorize the Mayor to sign the notice to proceed with Vern Clark & Sons Construction for the City of Ammon Well House #10 Phase 2. Councilmember Powell seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes. The motion passed. 4. Notice to Proceed – Well house #11 Phase 2: Lance stated this one is supposed to be substantially complete in May and be final by June 16. Councilmember Kirkham asked if we are using the Well #11’s design. Lance stated the one he had was for Well 9. Councilmember Bean asked if we are going to have all the transmission lines and everything in by that point in time. Jeff Freiberg stated the timeline is May/early June to have well house #11 pumping water up to the tank. When it’s pumping water up to the tank then we will take 9 offline and tear it down to rebuild it. They plan on starting #9 the early part of the summer and be done in August. This will put both #11 and #9 online to work together to fill up the tank. Well #11 will only fill the tank. Councilmember Bean said that’s fine, but won’t Well 11 hook into our main transmission lines down into the City and pressurize it. Jeff said no Well 11 will only fill the tank. Lance said Well #9 will be used to fill the tank then come back down off from the tank and pressurize into Quail Ridge and then further off down into the valley. Councilmember Bean asked does he assume we will have excess capacity out of that well that we are not going to be able to utilize because it’s pumping so much? Lance B. responded when the tank is full it will most likely shut down that Wells #11 and #9. Council Member Bean asked could we have done the same with a 2500 gallon a minute well versus a 4000 gallon a minute well? Is it more than what we can use? Lance responded he thinks in high demand you are going to be pumping it for all its worth. Councilmember Bean motioned to authorize the Mayor to sign the notice to proceed for 3H Construction on Hill Tank #11 Phase 2. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed. Mayor Ard said 3H Construction will build well house #8, so they know we will execute penalties if th they don’t have it done. Lance said they are intending to be onsite by Feb 16. Jeff Freiberg showed the architectural scheme via virtual drawings they will be using for well house #9 & #11. Well #11 is just a rectangle building. They are moving forward with getting the plans ready for well house 9 to go out to bid. 1-15-09 Council Minutes Page 4 of 5 DISCUSSION ITEMS: 1. Misc.: Leslie asked the Council if they would like Bruce Patterson to come a half hour earlier for the th February 5 Council meeting. The Council concurred that they would like that. Councilmember Kirkham moved to enter into executive session pursuant to provision of Idaho Code 67-2345, subsection 1 (f). Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Powell – Yes. The motion passed. The meeting adjourned at 8:25p.m. ______________________________________ C. Bruce Ard ________________________________ Leslie Folsom, City Clerk 1-15-09 Council Minutes Page 5 of 5