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04162009CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, APRIL 16, 2009 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, APRIL 16, 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: Special Session Date CONSENT AGENDA: Business License* Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.RFP Banking Services (Dana/Jenn)* 2.Rezone – Arave Construction – R-1 to HC-1* 3.Amended Development Agreement – Oakridge Division #2* 4.Policy 30-001 Farmers Open Air Market Policy (Ron)* 5.Resolution 2009-005 Farmers Open Air Market Policy and Procedures (Ron)* th 6.Farmers Market Request Shelley Yorgensen – 17 Street in Ammon Park Center (Ron)* 7.Farmers Market Request Liberty Square – 2475 S. Ammon Road (Ron)* 8.Jeff Hawkes – Request for Additional Building Permit* * 9.EMS Quick Response Unit (Stacy) 10.Well 9 Booster Station – Notice of Award (Lance)* 11.Change Order #1 Well 11 Phase 2 (Lance)* 12.Policy 50-001 Automated Garbage Residential Service Policy and Procedures* 13.Resolution 2009-006 Automated Garbage Residential Service Policy and Procedures* 14.Policy 10-002 Identity Theft Prevention Policy and Procedures (Leslie)* 15.Resolution 2009-007 Identity Theft Prevention Policy and Procedures (Leslie)* DISCUSSION ITEMS: 1.Gerald Williams - Request for May Work Session - Sewer Study Expertise (Lance)* 2.Transition Schedule for Automated Containers (Lance)* 3.Massage Therapist Student Training - Idaho State University (Scott/Leslie)* 4.Change Order #2 Well 10 (Ellis) 5.Misc. MINUTES City Officials Present: Mayor Bruce Ard Councilmember Brian Powell Councilmember Ray Ellis Councilmember Rex Thompson Councilmember Randy Waite Scott Hall, Attorney Leslie Folsom, City Clerk Ron Folsom, Planning Director Lance Bates, City Engineer 4-16-2009 Council Minutes Page 1 of 7 Jennifer Belfield, City Treasurer City Officials Absent: Councilmember Lee Bean Councilmember Dana Kirkham (by phone for RFP proposal) Mayor Bruce Ard opened the meeting at 7:30 p.m. at the City Office building located at 2135 South Ammon Road. Councilmember Ellis led the Pledge of Allegiance. Councilmember Thompson led the prayer. MINUTES: None ITEMS FROM MAYOR: Special Session Date: Mayor Ard inquired as to a date when they would be available to meet with Charlie on the building department budget. Council decided on next Tuesday at 7 p.m. CONSENT AGENDA: Business License: Councilmember Ellis motioned to approve the consent agenda. Councilmember Powell seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Waite motioned to approve the accounts payable as presented. Councilmember Ellis seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Ellis - Yes, Councilmember Thompson - Yes, and Councilmember Powell - Yes. The motion passed. ITEMS FOR/FROM TREASURER: Jennifer informed the Council that the updated financials were on Share Point. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None ACTION ITEMS: 1. RFP Banking Services: Councilmember Kirkham was initially unavailable to be reached for comment. Jennifer presented her conclusions for advantages and disadvantages to the Council with figures from the RFP for Key Bank and Zion’s Bank. Councilmember Kirkham called in and asked Jennifer if she had contacted Zion’s and given them the opportunity to review their figures. Jennifer stated yes she did. Zion’s responded they didn’t want to get into a bidding war and if they received our account they would negotiate lower on our rates. Councilmember Powell stated that they are always concerned with convenience and service and asked if we had bid check capture. Councilmember Ellis asked Jennifer what her recommendation was. Jennifer stated her recommendation was to stay with Key Bank. Councilmember Kirkham stated the RFP came about because Key Bank’s fees were so high but now with the RFP Key Bank has become competitive. Councilmember Ellis said the City needs periodically to go shopping. Councilmember Kirkham said if US Bank was in our area, we would have strongly looked at them but it’s not feasible at this time. Mayor Ard asked about the Bank of Commerce. Jennifer stated we did look at them but they weren’t progressive, at this time. Councilmember Powell asked which banks got the RFP’s. Jennifer stated Citizens, Bank of Idaho, Bank of Commerce, Key Bank, U.S. Bank, East Idaho Credit Union, Westmark and Zion’s. Councilmember Ellis motioned that the City continue doing our banking business with Key Bank under the key capture, positive pay program. Councilmember Powell seconded. Roll Call Vote: Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes and Councilmember Kirkham – Yes. The motion passed. After the vote had been taken, Councilmember Kirkham was released from the phone. 2. Rezone – Arave Construction – R-1 to HC-1: Ron stated they currently have an approved site plan for a motel on Lot 16 and in front of this property is Lot 15 which is zoned R1 which can only be used for landscaping and parking. They asked for rezoning on Lot 14 and at staff’s request are also asking for Lot 15 to help clean up the zoning. Their understanding is that they can still only have landscaping and parking on Lot 15. The 4-16-2009 Council Minutes Page 2 of 7 request is to rezone Lots 14 and 15 to HC-1 which will be consistent with the surrounding property. They are planning a storage building for service on Lot 14. P&Z’s recommendation is to approve this request with several stipulations that are: architecture of the building would be consistent with the motel design, particularly the east side of the building; no access to Curlew from Lot 14; landscaping as previously approved for Lot 15, and continued on Lot 14; building must be used in conjunction with the business on Lot 16 and not be used for a separate business enterprise; six foot security fence on the southern lot line of Lot 14; no advertising signs allowed on the building or on Lot 14; Lot 15 shall remain an unbuildable lot; building setbacks must meet 30 feet from the street and 25 feet from the southern property line that will be adjacent to the neighbor. Tom Hunsaker said the neighbors were more concerned about what was on the east side of Curlew Dr. than what was being proposed for the west side. The Council discussed the benefits of keeping it as is or changing the zone. Councilmember Waite stated building it to blend in conjunction of the motel would be better than just a house sitting there. Ron said one of the concerns was the houses along the backside of Wal-Mart sat there for several years before they sold. Ron stated with the rezone we can restrict the access onto Curlew and regulate what they are designing. If the City doesn’t rezone it, the developer could do what they want. Councilmember Thompson stated his concern if we rezone it, the property will become more valuable and then they sell it to whomever. Mayor Ard said with the rezone we can limit the accesses to Curlew. Scott said with this rezone you have allowed HC1 and reverted it back to R1 status with the restrictions. Councilmember Thompson stated he would like to see a burm rather than a fence. Ellis asked if the development agreement stays in place if we rezone. Ron stated yes. Scott said it’s even stricter since they have to do it to the motel design. Councilmember Ellis motioned to change the zoning from R-1 to HC-1 on the proposed property and that there is a development agreement prepared in conjunction with the rezone with the conditions as recommended by P&Z. Those conditions are as follows: Architecture of building to be built on Lot 14 to be consistent with the motel design – the east side of the building to reflect architectural features consistent with the motel building front; No access on to Curlew from Lot 14 to be allowed; Landscaping to match the landscaping on Lot 15 as approved on the existing site plan; Lot 14 building must be used in conjunction with the business on Lot 16 and shall not be used for a separate business enterprise; Minimum 6’ site obscuring fence to be installed on the southern lot line of Lot 14 and must meet the standards and setbacks as set forth in the City code; No advertising signs to be allowed on the building or property of Lot 14; Lot 15 shall remain an unbuildable lot and shall be used for parking and landscaping of Lot 16; Building setbacks on Lot 14 shall meet the minimum following requirements: 30’ setback from property line adjacent to Curlew and 25’ from the southern property line adjacent to the residential lot. Councilmember Powell seconded. Roll Call Vote: Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes and Councilmember Thompson – Yes. The motion passed. 3. Amended Development Agreement – Oakridge Division #2: Ron presented the Council with the prepared agreement, which contained all the items that were requested by Planning and Zoning, with minor changes as recommended by Scott. Councilmember Waite motioned to approve the Amended Development Agreement for Oakridge Division #2. Councilmember Ellis seconded. Roll Call Vote: Councilmember Waite – Yes, Councilmember Ellis – Yes, Councilmember Powell – Yes and Councilmember Thompson – Yes. The motion passed. 4. Policy 30-001 Farmers Open Air Market Policy (Ron): Ron explained there will be a general business license, the holder of which will provide us with liability insurance. Then each booth vendor will have a separate license showing what they have planned to sell and if items are regulated and controlled by District 7 then they will need a letter from District 7 stating how they will maintain it. It’s not a Conditional Use Permit but it will be allowed by policy. Policies will allow the City to have more regulations. There was discussion with the Council concerning meat products and how they will be handled. Ron stated the time limitations will be from May 1 to Oct 31 with the hours from 7 a.m. to 8 p.m. The vendor license will be proposed at $20 for the season. Ace Hardware’s Farmers Market will be forming a corporation for their farmers market. Councilmember Powell asked who will be checking the vendor licenses. Ron stated that the licenses will have to be displayed. Leslie stated that it will be issued similar to a temporary license where she will sign the document but it will not be coming back to Council. Scott Hall stated that we need to be careful that it’s not called Ammon Farmer Market and it will be confused with the City of Ammon sponsoring it. Councilmember Ellis motioned to approve Policy 30-001 Farmers Open Air Market Policy and Procedures. Councilmember Waite seconded. Roll Call Vote: Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 4-16-2009 Council Minutes Page 3 of 7 5. Resolution 2009-005 Farmers Open Air Market Policy and Procedures (Ron): Councilmember Ellis motioned to accept Resolution 2009-005 Farmers Open Air Market Policy and Procedures. Councilmember Waite seconded. Roll Call Vote: Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. th 6. Farmers Market Request Shelley Yorgensen – 17 Street in Ammon Park Center (Ron): Ron showed them the map and the setbacks. Ron explained that the booths will either be in gravel or asphalt but all the parking spaces will be in asphalt. Ron explained he doubled the parking spaces since he didn’t feel the areas he looked at were enough. There is one for every 500 sq ft of selling space plus the vendor. They are going to be having the vendor’s park in the back of their selling area and the cars can’t be moved before the market closes at 2 p.m. P & Z recommended approval. Councilmember Waite motioned to approve the Farmers Market Request by Shelley Yorgensen at th 17 Street in the Ammon Park Center. Councilmember Powell seconded. Roll Call Vote: Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Yes. The motion passed. 7. Farmers Market Request Liberty Square – 2475 S. Ammon Road: Scott asked Ron if the property owner has given permission for this use. Ron said he will call Paul Johnson and get a letter concerning this issue. This license will be under Liberty Squares business license. P&Z motioned to allow it as presented but when the Market discovers it doesn’t need all the space in the south parking lot for booths, it will be alright to allow both booths and parking in the south parking lot, as long as, the parking is isolated from the booths. CouncilmemberEllis motioned to approve the Farmers Market Request for Liberty Square at 2475 S. Ammon Road. Councilmember Powell seconded. Roll Call Vote: Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 8. Jeff Hawkes – Request for Additional Building Permit: Ron explained they aren’t trying to get the th house completely built before the May 15 grand opening, but they would like to have one home of each type that they will be offering at least under construction. Councilmember Powell asked how many homes are now up there. Ron stated they have two townhouses now and two of the smaller single family dwellings that were approved with the provision that they can’t have a certificate of occupancy until the new sewer system is in place. Scott said the letter of credit needs a little more work. Councilmember Powell asked if this was a performance bond. Scott stated he will have Lee look at it and see if this bank letter meets the City’s needs. Councilmember Powell stated his concern was issuing building permits but not being able to provide sewer service. Dave Bailey, 67 S. Main Street, Layton, Utah stated his intention is to have a variety of projects available for the public to look at. Mayor Ard inquired what if we said you can have the building permit but we need the letter before. Councilmember Ellis asked what start to finish time frame do you have on this. Dave hopes to get the walls up before the grand opening. Dave said 120 days from start to finish. Councilmember Ellis said his concern is that the house will be done way ahead of the sewer and feels the pressure will start if someone comes in and wants to pay for the house. Mayor Ard said it would give Jeff time to finish the letter and no certificate of occupancy or temporary certificate of occupancy will be issued until the sewer is finished. Dave said they have no problem waiting until the sewer contract is signed to allow them to start. Lance said he has a problem since they keep asking for more and he would be comfortable not to allow this until 80-90 days from sewer completion. Councilmember Powell stated he would probably say no and wants to see the construction of the sewer start first since we have already told DEQ we would only allow four service lines for show buildings. Dave asked if he could have the Building Department perform the plan review. Ron stated the Building Department has already done the plan reviews. Ron stated he will record a copy of the permit stating the City won’t issue the certificate of occupancy. Councilmember Ellis motioned to grant the request by Hawks Landing for an Additional Building Permit based on; the permit will not be issued until we have pipe in the ground on the Sunnyside Sewer Project and with the restrictions that have been discussed. Councilmember Thompson seconded. Roll Call Vote: Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Waite, and Councilmember Powell – Yes. The motion passed. 4-16-2009 Council Minutes Page 4 of 7 9. EMS Quick Response Unit: Councilmember Powell tabled the EMS Quick Response Unit. Councilmember Ellis seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. Councilmember Powell advised Leslie that he will let her know when he wants it back on the schedule. 10. Well 9 Booster Station – Notice of Award: Lance stated this will upgrade Well 9, tear down the entire building and building a new building around it with generators and boosters, which is almost doubling it. Councilmember Powell asked when it would be started. Lance stated after the notice of award is signed. Councilmember Ellis said they won’t proceed until we tell them Wells 10 and 11 are on board. Lance stated he hopes this is as quick as 30 days after Well 11 is running. Councilmember Powell motioned to accept the Notice of Award for Well 9 Booster Station to Depatco and authorizing the Mayor to sign the award. Councilmember Waite seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Abstained. 11. Change Order #1 Well 11 Phase 2: Lance explained this change order increases the motors, building, and bowls to increase the potential of the well. Councilmember Ellis asked Jeff Freiberg, Keller Assoc. if when we are adding equipment, do you subtract the equipment that we already contracted for. Jeff explained the Well 11 originally had a 300 horsepower pump and it has been changed to a 500 horsepower pump and a new VFD. Jeff said the 500 will pull 3800-4000 per minute. Councilmember Powell said if we don’t do this upgrade then we would be wasting our water. Jeff said yes. Lance said there was some equipment that was bought that will have some restocking fees. Councilmember Powell asked how much of the City will this well handles. Lance stated somewhere between 25 and 30% of the City. Mayor Ard said we should have three wells that will pump over 3000 gallons per minute each. Lance said during our peak is 12,000-13,000 gallons per minute. Jeff stated Well 8 produces 3400, Well 9 produces1875, Well 10 produces 3400 and Well 11 will go to 3800 – 4000 gallons per minute. Mayor Ard said about 800 – 900 for Well 6. Mayor Ard said Wells 5, 8, and 10 push water to Woodland Hills but Well 10 will be the major well for Woodland Hills. Lance said we will be using the original generator at that location since it will now work. Councilmember Ellis stated after going through the costs, he feels it is reasonable. He would like to see a breakdown showing we are going to deduct this and add that, so we can get our minds around it. CouncilmemberPowell motioned to approve the Change Order #1 Well 11 Phase 2 in the amount of $167,321.24 and change the contract time by an additional 30 days. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Abstained, and Councilmember Waite – Yes. The motion passed. 12. Policy 50-001 Automated Garbage Residential Service Policy and Procedures: Lance stated under Item E additional containers can be asked for and wants to clarify a delivery charge, as well as, a pickup fee and how we want to do the fee. The Council decided on a charge of $25 delivery charge per time and $25 return fee or it can be free if they bring it in, but it must be clean or it won’t be accepted or picked up. It was decided to add a cleanup charge to the rates to handle a variety of circumstances. Lance explained we will be delivering the containers the day after their regular garbage day with an instruction sheet. Councilmember Powell motioned to accept Policy 50-001 Automated Garbage Residential Service Policy and Procedures with the clarifications concerning delivery/return/cleanup fees. Councilmember Waite seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Ellis – Abstained. The motion passed. 13. Resolution 2009-006 Automated Garbage Residential Service Policy and Procedures: Councilmember Waite motioned to approve Resolution 2009-006 Automated Garbage Residential Service Policy and Procedures. Councilmember Thompson seconded. Roll Call Vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Ellis – Abstained. The motion passed. 14. Policy 10-002 Identity Theft Prevention Policy and Procedures: Leslie explained this is a policy that AIC has recommended to adopt to obey a federal law ruling for Red Flag laws (the policy and procedures direct how to safeguard personal information collected by the City). 4-16-2009 Council Minutes Page 5 of 7 Councilmember Powell motioned to accept Policy 10-002 Identity Theft Prevention Policy and Procedures. Councilmember Ellis seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 15. Resolution 2009-007 Identity Theft Prevention Policy and Procedures: Councilmember Ellis motioned to accept Resolution 2009-007 Identity Theft Prevention Policy and Procedures. Councilmember Powell seconded. Roll Call Vote: Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. DISCUSSION ITEMS: 1. Gerald Williams - Request for May Work Session - Sewer Study Expertise: Lance explained Gerald has requested to be put on the work session and discuss his firm’s abilities to do sewer and storm water studies. Lance said his studies on sewer lines are much more in depth than he has seen other firms do. The Council agreed to put it on the June work session agenda. 2. Transition Schedule for Automated Containers: Lance said they are planning on delivering the containers the day after the constituent’s regular garbage collection. Lance went over the program and informed the Council, he plans on creating a handout, to attach to the container that includes the instructions for the use of the new container. Tuesday we will get one truck and then more trucks throughout the week. Lance asked the Council for permission to have overtime to handle the deliveries. The Council agreed. Lance said we have two guys in public works, Rick and Jason and we will probably have two teams deliver them out. Leslie stated she will have office staff ride with Public Works to keep the containers organized and the homes that do not have the certificate of occupancy will not be delivered, nor anyone with a past due account. 3. Massage Therapist Student Training - Idaho State University: Ron explained that Idaho State University puts massage interns into businesses for a limited time. Leslie explained it was 8 weeks long. Her concerns were that we would not have a background check but the school has given us a letter stating that if there is any record they will allow us to review these records. Her other concern was being able to tell an intern from a massage therapist and she has added that they will have to wear a uniform and their badges. The school will also be giving the City a list of the interns with their dates for training. Scott asked if we were going to do a license. Leslie stated that she was not since they want to do this at no charge. She is comfortable with this, as long as, the policies stated above are followed. Scott said the ordinance requires a background but the school will be doing this at the front end. The Council concurred with these changes. 4. Change Order #2 Well 10: Councilmember Ellis said we have been given a change order for a building that hasn’t even been designed yet with unreasonable numbers. The first one was $87 and now its $155 for basically the same building. Scott said he questions whether or not we can cancel the contract and go for rebid. Councilmember Ellis said his labor numbers are terrible. Scott said he will look at the contract. Leslie said she would email the contract to Scott. Lance stated he and Charlie will be meeting with him on Monday at 8 am. Councilmember Ellis stated he will attend the Monday meeting. Councilmember Powell is wondering how close we are to the end of our bond monies. Lance said this isn’t tied into the bond and will come directly out of City funds. Mayor Ard explained to Councilmember Powell concerning the $500,000 bond from the State and they are working out some ideas to satisfy this bond. Lance said we are spending $14.4 million toward water projects. 5. Misc.: Ron said he is working on the comprehensive plan and Ken is providing input for the map. Councilmember Ellis asked if Forsgren has finalized the sewer easements. Lance said he hasn’t heard if they have finalized it or not, last he heard they were still negotiating with the two doctors. Councilmember Powell asked about IBSD and their route. Mayor Ard said they are engineering it and have come up with a route and they are working on it. Lance said he is also working with IBSD’s engineer Forsgren. Councilmember Powell asked if they were interested in doing the swaps for some customers. Lance said some of the options involved trading customers or a long term agreement and keeping things the same. Leslie said if they call her she could do the negotiating with Dr. Marano, because they are friends and he trusts her. Scott and Leslie will get together and discuss the hiring and firing information for staff and when will be a good time for a training meeting. Ron gave the proposed Title 10 4-16-2009 Council Minutes Page 6 of 7 changes to the Council in February and there are some items in the title that are beginning to become time sensitive. Ron said the changes to the cell tower ordinance are sensitive to expiration dates and he wants to be able to get them in place. Ron said he can’t get it on now until June. The Council agreed to put in on June. Councilmember Waite asked where the money came from for the Gazebo rail. He explained that Russell Swensen asked if they were willing to donate money as a match for the Gazebo fund and it was $5200 so we have used $3600 to install the handrail. The difference left after the handrail, will go to a time capsule presented at this year’s Ammon Days which Russell is heading up and any repairs and improvements which may need addressing and when the money is gone that money will disappear. Councilmember Powell said he met with Bruce at DEQ and it was a positive meeting for the smart grid. He is taking the information and going to refer it to homeland security to see if they could get the funding from there. They should call Bruce tomorrow and let us know where the City stands with the proposal. Department of Energy felt that because this is tied to an energy grid and our national electrical grid is always under cyber attack somehow, someway that it falls more under homeland security and the funding under homeland security is much broader and larger and we would be a partner with DOE and Rocky Mountain Power, and showed us how to apply for it. Councilmember Powell said the biggest advantage we have is that we are the perfect size and we are next to the Department of Energy which would help build something useful for the community. There is no true smart grid in the US. Mayor Ard stated the Dept of Energy has stated the City of Ammon would be on the map for future development. This is what the Dept. of Energy has been mandated to do. Mayor Ard said he got called with Bridgeline Energy and they have secured another contract for a bunch on windmills up on the hill and wanted the City to know. Councilmember Ellis motioned to adjourn. Councilmember Waite seconded. Roll Call Vote: Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. The meeting adjourned at 10:20 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk 4-16-2009 Council Minutes Page 7 of 7