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06042009CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JUNE 4, 2009 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, JUNE 4, 2009 – 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Powell MINUTES: May 7, May 14, May 21 Special Session, and May 21 Regular Session* ITEMS FROM MAYOR: Ted Hendricks – Brief Update ERU’s Wastewater CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC HEARINGS: 2009-006 – Baseball Fees and Swimming Pool Fees PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Resolution 2009-012 Maintenance and Reservation Fees for City Park Pavilions, Sports Fields/Baseball Fees, Swimming Pool Fees and City Council Chamber Use* 2.Well 8 Bid Evaluation Acceptance - McAlvain Civil Constructors (Lance)* 3.Well 8 Notice of Award - McAlvain Civil Constructors (Lance)* 4.Ord. 474 Rezone – Arnold Wadsworth Division 1, Block 1, Lots 1 & 2 – R-1 to C-1* 5.Well 11 Portable Generator Proposal (Lance/Ray)* 6.Cable One Franchise Agreement (Bean)* 7.Fire District Consideration (Council 5/21) 8.Authorization for Expenditure Used Automated Truck from Rigby (Lance)* 9.Councilmember Ellis Resignation and How to Proceed with Seat 6 (Mayor) DISCUSSION ITEMS: 1.Eagle Pointe Division 6 - Light on Corner 21st and Crowley (Ron)* 2.Misc. MINUTES City Officials Present: Mayor Bruce Ard Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Lee Bean Councilmember Brian Powell City Attorney Brian Tucker City Clerk Leslie Folsom City Planning Director Ron Folsom City Engineer Lance Bates City Officials Absent: Councilmember Randy Waite City Treasurer Jennifer Belfield Mayor Ard opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South Ammon Road. Councilmember Thompson led the Pledge of Allegiance and Councilmember Powell offered a prayer. Council Minutes 6-4-09 Page 1 of 6 th MINUTES: May 7, 2009:Councilmember Kirkham motioned to accept the May 7 minutes as presented. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham– Yes, Councilmember Powell - Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. th May 14, 2009: Councilmember Kirkham motioned to accept the May 14 minutes as presented. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. May 21, 2009 - Special Session: Councilmember Powell asked that the name be changed from Danny to Dan and the spelling of the last name corrected to be Grubler. Councilmember Kirkham made the motion to accept the May 21, 2009 special session with the changes noted. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. May 21, 2009 – Regular Session: Councilmember Thompson asked that the public comment name be st changed to Max Bosworth. Councilmember Kirkham made the motion to accept the May 21 regular session with the changes noted. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed. ITEMS FROM MAYOR: Ted Hendricks Brief Update ERU’s Wastewater: Husk gave an update stating they are two months ahead of schedule of the Shelley Eastern interceptor. They are addressing the Department of Environmental Quality (DEQ) and Army Corp of Engineer’s comments. The primary issue, at this time, is the environmental reaffirmation documentation with the archeology work and it has been submitted and nothing was found so there is no significant impact. DEQ is currently bogged down with stimulus type projects. Nancy Bowser has reviewed it and expects bids approx. the third week of July. We are no longer waiting for an appropriation from Congress, the $10 million is there and it is just waiting to be used and is no longer waiting for appropriation. There is concern about the user rates, since currently they are showing 4100 Equivalent Residential Unit’s (ERU) the City is charging for and six years ago it was 3000 ERU’s. A year ago they suggested 4500 ERU’s would pay off the debt. Husk suggested that we should be currently charging 4500 ERU’s. Four or five years ago the rate was projected at $35 and a year ago the figure was $40 a month, due to IBSD leaving. We are now at $41. He will cover this in depth at the work session. Shelley has reached their $6 million bond and they will be using Ammon’s money to start paying the rest of the bills. Currently the bills owing are $3.5 million. The treatment plant will be completed by October and has come below the bid price. th Ted Hendricks, 299 E. 4 N. stated if you look at the 4100 you are using, that requires a $26 month debt payment per user, however if you go to 4600 the debt payment goes to $22. This will give you $16 - $18 a month for maintenance and operations. What they recommend is provable. The bills with construction and engineering amounts to about $3.5 million and they have several requests that go back about 60 days. Councilmember Kirkham requested Ted bring all the financials to the work session. CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday June 4, 2009 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: st A.Egan, Ashley – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street B.The Tikki Hut – Concessions – Corner of E Sunnyside Rd and Hitt Rd 2.RENEWALBUSINESS LICENSE APPLICATION: A.Mac’s Snow Shack – Mobile Food Vendor – 3500 S. Ammon Rd. th B.Parkinson Financial – Finance – 3456 E. 17 St. Suite 270 Council Minutes 6-4-09 Page 2 of 6 Business License: Councilmember Kirkham motioned to accept the consent agenda as presented. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Bean made the motion to accept the Accounts Payable as presented. Councilmember Kirkham seconded the motion. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Leslie advised the Council that Jennifer has put the updated 2009 budget in Sharepoint. PUBLIC HEARINGS: 2009-006 – Baseball Fees and Swimming Pool Fees: Ron went over the procedures for the hearing and covered all the clarifications on the pool fees. Ron covered the check return fee. Councilmember Bean asked Ron what is a service fee? Leslie said it is to differentiate for taxable items. Ron stated Scott is ok with the resolution after we change the ordinance. Mayor Ard closed the public hearing. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Justin Abens, 286 Joan Avenue read his letter regarding his accomplishment with Alcoholics Anonymous and has achieved 110 days sober without any stipulations and he has returned to his family’s home to make amends and stabilize his finances. Scott Hinchberger, owner of The Cellar’s stated when they brought Justin on board they found out about the DUI and Scott wasn’t sure about Ammon’s law with DUI’s and thought maybe something could be done and he realizes the Council can’t just give him a break. Scott is willing to give people with DUI’s an opportunity to rehabilitate themselves and by working in Ammon he will likely continue his meetings and sobriety. Scott has come up with five ideas which are: the DUI is at least 18 months old, the applicant has demonstrated ongoing rehabilitation, a commitment to sobriety, owner willing to sign an affidavit that he will guarantee that Justin will not take any drinks and will be responsible for this action and having certificates stating he has continued sobriety. The owner is willing to sign an affidavit guaranteeing the applicant will not take any drinks and the owner will take responsibility for that. Scott said Justin is open to drug screenings and the restaurant owner must appear every year, that he stays with the establishment, and that it’s worthy of the Council giving leniency. Councilmember Powell said he wanted Justin to know he has a great employer, because not many would go to bat for an employee with issues. Councilmember Kirkham said when they passed the ordinance they thought about how to address issues when people want to make amends in their life. Brian Tucker said the ordinance is hard fast and he has talked with Scott. Scott recommends that we change the ordinance. Councilmember Kirkham said let’s say we want to take these recommendations into consideration. Leslie asked about giving Justin a temporary permit of 90 days while we go through this procedure. Brian Tucker said as he reads the ordinance it says if there is a criminal history or a charge, the City Clerk will deny the application. Councilmember Kirkham said from the get go we have struggled with this. Councilmember Bean asked Justin if his 110 days was consecutive. Why didn’t you do this back in December instead of four months ago? Justin said he thought he could be a social drinker but now realizes that he needed to quit completely and went to treatment for the tools to stay sober. He has been a bartender for seven years and he is here with support of his friends and family. Scott said you can see why I am standing here. Councilmember Kirkham said the matter will be put on the work session agenda. ACTION ITEMS: 1. Resolution 2009-012 Maintenance and Reservation Fees for City Park Pavilions, Sports Fields/Baseball Fees, Swimming Pool Fees and City Council Chamber Use*: Councilmember Kirkham motioned to approve Resolution 2009-012 Maintenance and Reservation Fees for City Park Pavilions, Sports Fields/Baseball Fees, Swimming Pool Fees and City Council Chamber Use with an amendment changing the “service fee” to “lesson service fee”. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes and Councilmember Bean – Yes. 2. Well 8 Bid Evaluation Acceptance - McAlvain Civil Constructors (Lance)*: Lance went over the bid of $2,477,260. Lance stated this is the low bid and should be offered the contract. There were fewer bidders Council Minutes 6-4-09 Page 3 of 6 than the last time and this well is 1.5 million gallons. Councilmember Kirkham asked if this bid includes painting the outside. Jeff Freiberg, Keller Assoc stated that this one has paint in the bids. McAlvain is based out of Boise. Lance said Ron just informed them that we still don’t have clean title to the land but Ron is working on it. There are concerned parties in California and Georgia and the papers got lost, so they are redoing them. Ron will check tomorrow and see where they are. Councilmember Kirkham made the motion to accept Well 8 Bid Evaluation Acceptance for McAlvain Civil Constructors. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. 3. Well 8 Notice of Award - McAlvain Civil Constructors (Lance)*: Councilmember Bean motioned to award the notice of award for Well 8 to McAlvain Civil Constructors in the amount of $2,477,360 and authorize the Mayor to sign the award after clear title of the property has been received. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 4. Ord. 474 Rezone – Arnold Wadsworth Division 1, Block 1, Lots 1 & 2 – R-1 to C-1*: Ron said Council approved this a year ago but the owners had to refinance so the City could own the 5 feet of right-of-way. At this time, the City now owns the property. Councilmember Powell read Ord. 474 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 ). Councilmember Powell motioned to recommend that the City Council DATE (Arnold Wadsworth D1, B1, Lots 1 & 2 dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Powell read Ord. 474 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 Councilmember Powell motioned to accept Ord. 474 as an ordinance of the DATE (Arnold Wadsworth D1, B1, Lots 1 & 2). City of Ammon on this third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. 5. Well 11 Portable Generator Proposal (Lance/Ray)*: Lance said the generator probably won’t get here until the middle of July since the transformers are approximately 8 weeks out. Rocky Mountain Power thinks they may have found some they can get to us by the end of June. Councilmember Powell asked how loud the generator is. Lance said it would be loud and would go about six hours a day but this would help in critical times. Mayor Ard asked what the costs where. Lance said one generator is $54,000 for 60 days and includes the diesel and the other is $41,000 for 60 days. Mayor Ard asked if we could get one of them up. Lance said in two weeks. Mayor Ard said we are three weeks out, so we are only looking at one week of use. Council discussion ensued as to the time frame difference between a generator and the well coming on line. Councilmember Kirkham motioned that the City holds off on the portable generator for two weeks and then reevaluate. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 6. Cable One Franchise Agreement (Bean)*: Councilmember Bean said the Cable One franchise agreement is up in December. Councilmember Powell said he would like to look at the fiber information and how it is affected by this agreement. Councilmember Bean said currently there is a 5% franchise fee and he wants to know how long the Council wants to go. Ron said it cannot be less than 10 years due to state statute. Ron said if they will renew for exactly what it is, the state statue says we can’t charge more than 3% unless our current contract is more than that. Councilmember Bean said he’s surprised AIC hasn’t picked up on that. Ron said he will proceed with the writing of the contract. Councilmember Bean said no motion is necessary on this item. Council Minutes 6-4-09 Page 4 of 6 7. Fire District Consideration (Council 5/21): Councilmember Kirkham asked the Council where they sit at on this consideration. Is the Council going to move into the District or not? Stacy Hyde, 4125 E. Wanda stated he doesn’t know if it is ever going to be the right time to ask for more money for better service. In order for the City to pay its bills he has cut his budget, but in order to maintain the fleet he might be going over budget. He would like the consideration for the District for the future to make sure our Fire Department is progressing. He would like to do away with the invisible barriers between the City and the rest of the County and start progressing to a metro fire department. Councilmember Bean said he is a constituent and asked what it will cost him extra in taxes. Stacy said for a $100,000 home it will cost $99. Stacy said our Fire Dept. is a great department, but there are no guarantees that they will be there for response times. The District will have a full time staff consisting of a total of 9 full-time firemen plus the volunteer base. Councilmember Powell asked what the City isn’t getting right now. Stacy stated the City is getting everything today but with the District you are guaranteed a full-time crew. Councilmember Powell inquired if Chubbuck had a full-time staff. Stacy said they have three full-time captains and a full-time driver, so they have two full-time fire fighters and a mandatory two volunteers per night to sit with their captain. Idaho Falls is doing a memorandum of understanding of a mutual aid agreement between all the agencies in the County. This is a huge step. Councilmember Powell said he doesn’t think anyone will want to be paying more taxes. He doesn’t feel we can keep funding the Fire Department. You can join the District and apply the money to other needs or increase the tax levy rate, which would enable the City to pay the Fire Department more. Council said #2 is not an option. Stacy said they could get the District done by October. Councilmember Bean asked what happens with the equipment. Stacy said he would have the District buy the equipment. Councilmember Bean asked Stacy to come up with a value on the fire equipment. Councilmember Kirkham asked Rex if he would join or not join. Councilmember Thompson is still having a hard time doubling the Fire Department budget and isn’t sure now is the time. Councilmember Bean said he would want a commitment from the Council that we take the funds for the Fire Department out of the general fund. Councilmember Powell said all of the extra money has gone to the sheriff’s department. Councilmember Bean said we have to decide what level of fire protection the City needs at this time. Councilmember Powell said at this time, yes, it is adequate. Councilmember Thompson said the percentage is going down for the Fire department, and it goes down every year. Councilmember Bean said we are always fighting this we are tired of increases and let’s just let the chips fall where they are. Councilmember Powell said what if we could join the District and add the police. Councilmember Bean stated he doesn’t have time to put together the committee to explore the police department and requested that another Councilmember take it over for him to see the study through. Councilmember Bean asked the Council if they want to go to a City police department. Councilmember Powell said he has been watching for the police and he has been seeing them. Councilmember Kirkham said she feels that we have invested $30,000 and we should go through with the committee. She requested that the Council e-mail the names for the committee to her and she will get with Leslie to get it started. Councilmember Kirkham said she thinks she is hearing everyone is satisfied with the level of service and doesn’t want to join the Fire District. Councilmember Bean said he wants the City to fund the Fire Department and increase its budget back to last year’s level but where do we find the funds. Councilmember Powell stated he is fine with that. Councilmember Powell stated he would like to join the Fire District. Councilmember Bean said yes if we aren’t ready to put the funds into our existing department. Councilmember Powell asked how long would it take you to get to Founders Point at approx. 1 a.m. at Christmas time and a tree is on fire. Stacy said the chief would be less than 5 minutes, but we don’t have any water up to Founders Point so they would have to use the truck with water which would be 7 minutes for the first truck and the second truck would be approx another 7 minutes with another three minutes to pump the water. Stacy said the District would cut approx 3 minutes off. Councilmember Kirkham said she feels the District is the right thing but there are people where any increase is more than they can handle. Are we getting to a point where people can’t afford to live here? Councilmember Bean asked what type of a budget is realistic for our size of City. Chubbuck is almost $1 million with their County contract and their City size. Stacy stated he would like to ask for three captains, which would give the City stability. The cost would be approx. $200,000 for three captains and $175,000 for three drivers. Councilmember Bean said you are looking at $750,000 for the budget. Councilmember Bean asked what happens if we form our own District? Mayor Ard said it would cost more. Councilmember Bean said he is hearing now is not the time to join the District. Councilmember Powell said we will wait a year and get our budget in line. Council Minutes 6-4-09 Page 5 of 6 Tom Hunsaker reviewed some of the past history where dispatchers sent out the wrong fire department and Ammon was always the first ones there. Ammon was always the better department and very well trained. 80% of the Eastern United States is volunteered which includes Washington D.C. and Boston, Massachusetts. Tom asked the Council why they are getting their own sewer department instead of going with Idaho Falls? Tom said we have to maintain control of the expenses and either full or partial ownership helps maintain control. Councilmember Bean said look at the past five years and what percentages of the total budget did the different departments have and do a pie chart with this information. We want a pie chart to show percentage of the funds for parks, police, fire department, general government, and streets. Councilmember Powell will have Bruce Patterson make the pie chart. 8. Authorization for Expenditure Used Automated Truck from Rigby (Lance)*: Lance stated he is requesting authorization for the Mayor to issue a check. Mayor Ard said to take the truck out on a test run before he hands over the check. Councilmember Kirkham motioned to authorize the Mayor to sign the check for $16,595 for the used automated truck from Rigby. Councilmember Powell seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 9. Councilmember Ellis Resignation and How to Proceed with Seat 6 (Mayor): Mayor Ard asked if we want to fill the vacancy immediately or wait for the election. Councilmember Bean asked why we wouldn’t appoint someone. Councilmember Kirkham said she doesn’t see what benefit it gives the Council and feels the people can decide with the election. Councilmember Powell stated since no one has asked, let’s just leave it vacant. Mayor Ard said ok until someone asks and then we will have to open it up. DISCUSSION ITEMS: 1. Eagle Pointe Division 6 - Light on Corner 21st and Crowley (Ron)*: Ron stated there is supposed st to be a light at 21 and Crowley. Councilmember Bean asked Lance if he could go to the developer and ask them to put the light in. Ron said if we have accepted the subdivision then we can’t insist, but if not accepted then we can. 2. Misc.: Lance asked about a vehicle for the public works manager and since he was hired so late, we have the money in salaries and we could get a ¾ ton for $22,000. Lance said he is now using his personal vehicle. Lance would order one off the state contract and it would be here in 8 weeks. Lance said he found one with 80,000 miles, but the used one cost more. Councilmember Powell asked if we could use the enterprise fund, to buy a used truck from the building department. Lance said we could transfer between departments. Councilmember Kirkham talked with Charlie about borrowing a vehicle and he was alright with it. Lance stated the reality is now we could do it, but if things pick up and the building department needs the truck then we couldn’t use their truck and it would be too late for the state contract. Councilmember Bean asked if the Council wants to spend $22,000 on a new truck. Councilmember Kirkham said let’s just buy the truck. Councilmember Bean advised Lance to buy the truck. Mayor Ard and Councilmember Kirkham are going to meet with Mayor Fuhriman and Councilmember st Hardcastle. Mayor Fuhriman called Councilmember Kirkham and wants to sit down and talk about Hitt and 1 Street. Councilmember Bean said to explore discontinuing the memorandum of understanding on Hitt Road with Idaho Falls. Council stated they feel this is fair. Councilmember Kirkham said they were going to let them do most of the talking. Councilmember Powell motioned to adjourn. Councilmember Thompson seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. The meeting adjourned at 10:30 p.m. ______________________________________ C. Bruce Ard, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 6-4-09 Page 6 of 6