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02182010CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 18, 2010 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD AMENDED CITY COUNCIL AGENDA THURSDAY, FEBRUARY 18, 2010 – 7:30 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:30 p.m. Pledge of Allegiance – Councilmember Powell Prayer – Councilmember Slack MINUTES: Jan. 7, 2010* ITEMS FROM MAYOR: Office CONSENT AGENDA: Business License* Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: IRS Ruling – Firefighters* PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: PUBLIC HEARINGS: 2010-002 Utility Rates and City Fee Proposed Changes* ACTION ITEMS: 1.Resolution 2010-002 – Utility Rates* 2.Resolution 2010-003 – Elevation Certificates, Copies, Faxes* 3.Resolution 2010-004 – Park and Council Chamber Use Fees* 4.Resolution 2010-005 – Fire Department Permit & Licensing Fees* 5.Ammon Park Center – Final Plat Division #4* 6.Hawks Landing Exhibit B - Addendum to Master Plan for Single Level Homes (Ron) 7.Employee HRA (Dana/Jennifer)* 8.Google Fiber Application (Powell/Bruce)* 9.Parks and Recreation Software Approval (Ken/Bruce/Jennifer)* 10.Disc Golf Woodland Hills Agreement Authorization and Mayor’s Signature (Ken)* 11. Solar Panel Grant DISCUSSION ITEMS: 1.Hillcrest Storm Water Retention Pond (Lance)* 2.Misc. EXECUTIVE SESSION: 1.Personnel Evaluations - Idaho Code 67-2345 (1-b) (Lance) 2.Real Property Acquisitions - Idaho Code 67-2345 (1-c) (Leslie/Scott) 3.Pending Litigation - Idaho Code 67-2345 (1-f) (Scott/Leslie/Jennifer/Lance) MINUTES City Officials Present: Mayor Steve Fuhriman Councilmember Lee Bean Councilmember Rex Thompson Councilmember Dana Kirkham (arrived at 7:40 p.m.) Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack (via phone at 7:55 p.m.) City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates Council Minutes 2-18-10 Page 1 of 10 City Planner Ron Folsom City Treasurer Jennifer Belfield City Officials Absent: None Mayor Fuhriman opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South Ammon road. Councilmember Powell led the Pledge of Allegiance and Councilmember Coletti, due to Councilmember Slack joining later via phone, offered the prayer. Mayor Fuhriman informed the citizens that they needed to fill out the hearing forms, in order to have an opportunity to offer testimony. MINUTES : Jan. 7, 2010*: Councilmember Bean motioned to approve the minutes of Jan. 7, 2010, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FROM MAYOR: Mayor’s Office: Mayor Steve Fuhriman brought up the topic of the Mayor’s Office. He advised the council he has been in the office from 9 am to 11 am every day that he has not had appointments. Councilmember Bean said he doesn’t have a problem with it, as long as, other City officials still have permission to use it as a conference room or for meetings. Mayor Fuhriman would also like to label it as the Mayor’s office. Councilmember Powell said he thinks that would be great. Fire Chief Stacy Hyde said the fire station also has office space for the staff and Council’s use, if needed. CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday February 18, 2010 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: st A.Wilde, Tessa – Daycare Employee/Nana’s Daycare – 2660 E. 1 Street th B.Gold’s Gym/Teton Fitness, LLC – Fitness Center – 3135 E. 17 Street th C.Dollar Cuts – Salon – 1791 S. 25 E. th D.Elk Meadows Construction Co., LLC – Construction – 2631 E. 14 N. st E.Konishi, Teresa – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street 2.RENEWALBUSINESS LICENSE APPLICATION: th A.Ecowater of S.E. Idaho – Water Treatment & Purification – 3300 E. 17 Street th B.Mortgage Connection – Finance – 3040 E. 17 Street, Suite #2 C.Wally’s Auto Care – Automotive Repair - 1608 Midway th D.Shear Necessity – Salon – 3160 E. 17 Street, Suite #140 (Formerly C.J. Scizzors) st E.Ojeda, Rosa L. – Daycare Employee/Snake River Montessori – 2970 E. 1 Street HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.Citrus Grove Counseling/Waters-Hicken, Jana – Counseling – 2880 Sawtooth 2.RENEWAL HOME OCCUPATION PERMITS: A.Arguello, Stephanie – Daycare/Maximum Children (5) – 1129 Curlew Drive LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.El Molcajete – Restaurant/Beer & Wine Sale on Premise – 939 S. 25 E th B.Larsen, Mitch – Bartender/T.G.I. Friday’s – 2665 S. 25 E. 2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: Council Minutes 2-18-10 Page 2 of 10 A.Maverick Stores, Inc. #385 – Retail Sales/Beer & Wine Sales off Premise – 1663 N. Ammon Rd. Business License*: Councilmember Bean motioned to approve the Consent Agenda Business License, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Bean asked Leslie how often we are billed for dispatch services. Jennifer said we are billed twice per year. Councilmember Powell asked Jennifer if the amount has been consistent. Jennifer will check on that for him. Councilmember Powell asked Jennifer about the invoice from The City of Shelley. Jennifer explained that this is what we owe RSCI for Regional Sewer work. The City of Shelley has a contract with RSCI, while we do not, so the City of Shelley reimburses RSCI and the City has to reimburse the City of Shelley. Councilmember Bean motioned to approve Accounts Payable – Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. Councilmember Kirkham arrived after the vote at 7:40 p.m. ITEMS FOR/FROM TREASURER: IRS Ruling – Firefighters*: Jennifer gave the Council the background on the IRS Ruling. Firefighters were not compensated for several years until 2006/2007 and at this time a small amount was given to express gratitude for their job. In 2006, they were paid as employees and then in 2008 it was changed to a stipend. In 2008, they received a 1099 and W2, but in 2009 they received a 1099 only. The IRS has ruled that everyone in 2008 and 2009 needs to have back monies paid now and if taken care of right away, then the penalties, etc. will be minimized. She is proposing to reclassify all volunteers to employees now, with the total coming to $12,460. Leslie advised the Council that it wasn’t budgeted for. Councilmember Bean asked if this was for both the volunteer’s contribution and the City’s contribution. Jennifer said yes. Jennifer said we have to treat our firefighters as employees. Jennifer said she could try a rebuttal, but wanted to know where the Council wanted her to go. Councilmember Thompson stated he would like Jennifer to investigate it further. Councilmember Powell said the safest way is to withhold the tax. Councilmember Bean asked Jennifer to call the IRS. You will have to create new W2’s for 2009, since it is being paid in this year. Councilmember Bean said he feels better taking care of the matter. He recommended and made the proposal to pay the money. Council concurred. Jennifer will get Leslie a copy of the amounts, without social security numbers listed on it. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None PUBLIC HEARINGS: 2010-002 Utility Rates and City Fee Proposed Changes*: Councilmember Slack joined the hearing at 7:55 pm via phone. Mayor Fuhriman read the procedurals for the public hearing. Three letters were submitted, prior to the hearing, from the EIHBA (Eastern Idaho Home Builders Association) and entered into record. Ron addressed the Council and stated an equivalent residential unit (ERU) will be used, in the future, for utility rates. The sewer ERU rate will go from $31 to $42. He preceded going over the various figures for commercial, professional business, industrial rates, and schools. The other fees that will be changed are deposit fees, disconnect/reconnection fees, a new other equipment fee, a lower City connection fee, and a new Eastern Idaho Regional Waste Water Authority (EIRWWA) connection fee. Late fees will be increased from 50 cents to $1.00 per month. Lance explained that he, Leslie and Kevin have been working on the structure for the ERU’s using National and Idaho waste-water standards. He explained the $42 consists of $9 to EIRWWA for the treatment, and the balance of $31 to the City for the capital equipment, manpower, and operation and maintenance required by our own system. Kevin Harris of Forsgren Associates, stated they looked at all the different rules that normalize various sources of waste to equivalent ERU’s including the concentration of pollutants (such as dark matter) or strength of the water. As an example, movie theaters produce a stronger strength and have to be normalized to a Council Minutes 2-18-10 Page 3 of 10 flow standard. They have always gone to the low end of the strength range to be conservative. Lance stated this fits within our existing structure. Ron Poulson, 4941 Brennan Bend stated when we voted on the bond we were told the final rate would be $35 and now it’s going up by $11 bringing it to $42. He said he is worried about the current economy where a lot of people in apartments and on fixed incomes are already living at (the end of) their means. Rob Phillips, 6081 Founders Point testified from a building standpoint and someone who wants to build in Ammon. Everyone is in tough times and when new fees are created it makes it tougher. They have cut all the items they can, in order to continue keeping the industry going. He wants to know that the City of Ammon has also done everything that can be done to keep costs down. Rob Jagelski, 4773 Ladyhawk said he would like to know why we left Idaho Falls, thus making it more expensive than it used to be. Councilmember Kirkham said in some regards, we are looking to be in control of our own destiny and Idaho Falls is looking at improvements which the Council believes will make their rates closer to what ours will be. Ben Patterson, 3110 Molen stated he has concerns with deposit increases. It is difficult to have renters when the deposit hits them so hard. He wondered when the City set this rate, if we remembered to back out the fees we have been paying Idaho Falls. Councilmember Bean explained a portion of the fee will repay the bond. Councilmember Powell asked when the last time was that the sewer fee was raised. Jennifer thought it was in 2005. Ron confirmed it was October of that year. Councilmember Powell pointed out that Ammon’s population doubled and the fees are not rolling year after year. The City has built the facility to be able to control our own destiny, control our own growth, and build our own homes without being at the mercy of a third party. This is also enabling us to prosper in the future. Every bit of fat has been cut out of this. For now a ¾ time employee will run the plant. He welcomed the audience to go through the plant to see how efficient the system is. Mark Chapman, 1175 Jackson Drive showed the Council the original brochure given when the project was started, which projected a $35 rate. He stated the Idaho Falls plant itself is a regional plant and we only have to pay $31 to use it. He felt the Shelley plant will cost more, because it serves a smaller population. He asked if we truly knew all the costs required to run the Idaho Falls plant, versus the Shelley plant. He stated the EIRWWA board is in charge, not the Ammon City Council and he didn’t feel that $42 will be the end of the rate increases. th Blake Jones, 3333 E. 65 South represented the Eastern Idaho Home Builders Association (EIHBA). He stated their biggest concern was the increase to $3600 for the connection fee and its impact on builders. It will probably force them to look elsewhere to build. He doesn’t feel he can sustain it. Scott Hall said you referred to it as an impact fee and you may feel it’s an impact in your industry, but it’s different from a true impact fee, as defined by State statute, which requires legislative action from the Council. The Council was very careful determining the value of the system and thus the cost, paid through the service connection fee to buy into the capital investment of that facility itself, as opposed to a true impact fee. Jay Johnson, 2125 Cabellaro Drive said he read on the City web page that tonight’s hearing was to consider raising the fees, but he feels the determination has already been made. He called people in his neighborhood and no one had heard of it. During the political campaigns the candidates stated they want to make everyone aware, but this has not been done. Councilmember Kirkham said that’s why we have a public hearing and a public hearing implies that a decision has not yet been made. Greg Hanson, 5699 Veil, said some decisions have already been made. The regional facility is being built. He represents three different groups, EIHBA, Rockwell and himself as a resident of the City of Ammon. Through EIHBA, Greg was heavily involved in IBSD with their rate increase and some of the items that are presented here are familiar. He read the letter from EIHBA stating they feel this is an impact fee. IBSD had also proposed a connection fee that EIHBA considered to be an impact fee, until IBSD conducted a second study that showed a different, lower cost. EIHBA will look at this heavily and they will take those steps needed to be sure this is done right. Greg stated Rockwell Homes has pulled 30% of all home permits issued by Ammon for single family dwellings. Rockwell now builds exclusively in the County – Ammon currently is the most expensive place to build in by at least $1000 more. Scott Hall, Councilmember Kirkham and Councilmember Bean all said that money all comes back over the following years through Ammon’s low levy rate. Greg responded Ammon fees add up to 20% to 25% more than any other jurisdiction in the area. “If Ammon wants growth, then you are shooting yourselves in the foot.” Councilmember Bean stated if you are basing your house cost solely on connection fees, then you are Council Minutes 2-18-10 Page 4 of 10 missing an opportunity. Greg explained “today customers care about only one thing: cost - even $100 makes or breaks a home sale”. Councilmember Kirkham asked, “What do you suggest? This rate includes a $2,000,000 subsidy from Ammon reserves”. Leslie stated that Bonneville County is part of the regional sewer and will also be going to this connection rate. Greg said that Idaho Falls has the lowest rates. Councilmember Bean said there were multiple issues when we went this direction. The City of Ammon was told in front of multiple witnesses that Idaho Falls would not renew the contract in 2012, so we had to build the plant. Greg said he understands there needs to be an increase. The EIHBA has not been included in determining, nor shown the figures and they would like to see them, to see if they are in line. Greg suggested a graduated increase, which is something the builders can plan for. The developer put infrastructure in place and gives it to the City. Councilmember Kirkham said the graduated increase was discussed and feels the proposed flat increase is one that will be stable for a significant amount of time (hopefully 20 years). Do you continue a graduated increase and have this public hearing every two years until you get to the end or do you just bite it off once and say this is horrible, we hate it, let’s air the dirty laundry and move on and let’s not have this discussion again for another 20 years. Greg said you are going to stop growth in the City. Councilmember Bean stated we want development and you earn your money back when you sell the homes. Greg said it’s a risk we take when we build the homes. He asked why the two charges. Scott Hall said the $2600 fee is to buy into the portion of the system owned by EIRWWA and the $1000 is to buy into the portion of the system owned by Ammon. A portion also pays for the bond. This is the first regional system in the State of Idaho. Councilmember Powell asked him what the advantage of building in the City would be. Greg hesitated. He said in the past the fees were in line, the lower tax, a nice area and close to Idaho Falls, but over the past few years all the fees have gone up. Greg said the fees are $1850 in IBSD. Councilmember Bean said land prices were cheaper in the County, which is why you built there, not because of the difference in connection fees. Councilmember Bean stated there was $400 difference in connection fees between Falls Water/IBSD and Ammon. Greg said the building fees are approx. $1000 higher and with this increase the difference, he feels, will be over $3000. A discussion also ensued about the fees of the Rockwell owned Falls Water, where Greg explained Falls Water has desired to raise their rates, but has not been permitted to do so by the Public Utilities Commission. He would like to recommend a graduated fee. Council discussed how this has been discussed in open sessions for the past year. Paul Johnson, 4650 E. Majestic View Drive, stated that Idaho Falls is less expensive with their upfront fees and they provide more services. Councilmember Kirkham said they have four times the tax levy, which is why they can provide the services. Paul asked if the hearing was posted on the statements. Leslie stated it was not, but it has been posted in the office and twice in the newspaper. Paul asked how many years the City will be paying for this. Councilmember Bean stated the bond repayment is for 20 years. The projections for growth are 3 to 5% to meet this goal. Paul asked how long this system is good for. Councilmember Thompson said 100 years. Councilmember Kirkham said DEQ regulates the time for repayment. Donna Hanson, 3175 Midway said that the citizens of Ammon do not know of the increase. It is tough to be hit with this out of the blue. You will have a lot of people come in, when the increase appears on the bill. Councilmember Kirkham stated a notice needs to be added to the utility bills for a couple of months before the increase goes into effect. Alan Casoh, 2395 Cabellaro said he moved here in 1995 and has been in the rental business ever since. He asked how the disconnection/reconnection fees occur. Leslie explained that it is an average of the costs we typically run into. It includes the cost of sending the notice, sending crews out, finding the shutoff valve and so on. She also explained it is up to the landowner to decide whether to pay the disconnect/reconnect fees or to pay the utility bills for empty units. Alan said those who are on social security didn’t get a cost of living raise this year; in fact they got a decrease. It is going to put a bind on a lot of people. Tom Hunsaker, 2925 Carolyn Lane said when this was started it was mentioned that we needed to raise the rates step by step each year, but the City didn’t remember to do this, so now they have to be raised all at once. By graduating the fee now we would be under collecting at first, so the final fee would have to be even higher than the one proposed to make up the difference. If the City doesn’t charge the amount proposed for the connection fee, the City won’t be able to allow any more connections to the system, because the City won’t have a way to meet the bills. The EIHBA written testimony showed that every time you build a home or business it has a trickledown effect that helps the economy. Tom said this is wonderful, but it doesn’t help with the sewer system. He compared this to a similar situation 20 years ago when people were buying big satellite dishes and they bought the equipment of dish system for $3000 and then realized they have to pay additional fees for services such as HBO. None of the fees paid for the satellite dish system went to HBO and none of the fees paid to HBO went to the big dish dealers. The cost of building a house and its sewer lines in the subdivision is like buying a big satellite dish. All costs Council Minutes 2-18-10 Page 5 of 10 incurred in some way are directly related to the house. The cost of building and maintaining the sewer trunk lines and treatment plant is like paying for programming services such as HBO. None of the construction costs go towards the trunk lines or treatment center, nor do any of the trickledown dollars. They are two separate items and each has to be covered. He stated Scott covered impact fees very well. It is very clear in the State statute that connection fees are not allowed to be included for impact. If you have to put in a septic tank including the drainage field, what’s the cost for that? The City is not out of line. There are programs that the State has for low income to help them. Idaho Falls is going to have to fix their system and their fees will be going up. He is in favor because what else can we do. Brad Pickett, 4138 Tawzer Way said he has been in Ammon for 40 years. We are experiencing the growth pains. He would like to make some observations as a citizen, but also as a realtor – he likes the graduated scale and a reminder to the people they will have an increase. The word on the street is that there is some fat in this building. The building department handled 50 permits and does it warrant the full department? He feels that buying in Ammon will come to a screeching halt with this increase. He said the houses he is selling in Ammon are consistently going for less than their assessed tax value. Councilmember Kirkham said the costs are here now, we are already depleting reserves to provide the proposed rate and how can we make up the difference with a graduated approach. Because we have no other source of funds left, the problem with the gradual approach is this would make the end rate much higher. Brad said he is not here to oppose it, but wanted to make the Council aware of some issues. Leslie said the valuation of taxes was done in Ammon two years ago, before the drop in market and they look at them every five years. Brad stated Idaho Falls has been re-assessed since the drop and an Idaho Falls house now has the same tax valuation as an Ammon house. Mayor Fuhriman closed the hearing. Councilmember Kirkham said the Council has looked at the numbers and sees no harm in having more public input and sharing the studies with the Home Builders Association, with Rockwell and whoever would like to look at them. She would like the Council to put this off a month, announce the next public hearing on the billing statements, and hold additional discussions at another work session. Councilmember Powell requested the spreadsheet with the figures from Lance. Kevin will furnish the Council with the $2600 breakdown and the ERU spreadsheet. Councilmember Powell said they have to make sure that the citizens understand we aren’t subsidizing businesses, etc. with their fees. ACTION ITEMS: 1. Resolution 2010-002 – Utility Rates*: Councilmember Bean motioned to table 2010-002 and hold th another public hearing on March 18. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed. 2. Resolution 2010-003 – Elevation Certificates, Copies, and Faxes*: Councilmember Bean motioned to accept Resolution 2010-003 – Elevation Certificates, Copies, and Faxes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Slack – Yes. The motion passed. 3. Resolution 2010-004 – Park and Council Chamber Use Fees*: The Council confirmed that non- profits will not be charged for the use of the Council Chamber. Ron stated that is correct. Councilmember Bean motioned to accept Resolution 2010-004 – Park and Council Chamber Use Fees, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. 4. Resolution 2010-005 – Fire Department Permit & Licensing Fees*: Ron went over the issues that are being changed. In summation, businesses pay according to square footage. Stacy said it will come into play with four-plexes or townhomes with 8 or 12 units. Councilmember Bean asked the homebuilders if they are ok with this. The group stated they were. Stacy stated his concern is to help cover costs for the services the Fire Department provides. Council Minutes 2-18-10 Page 6 of 10 Councilmember Kirkham motioned to approve Resolution 2010-005 – Fire Department Permit & Licensing Fees, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 5. Ammon Park Center – Final Plat Division #4*: Ron said the property is directly west of Ace th Hardware. The entrance from 17 Street will be moved to the west, so the offset from Cabellaro Drive will be greater. This property would include a 66 foot right of way dedicated for a roadway. Councilmember Powell asked why this was done. Ron said the developer had agreed to do this at a past date. The farmers market will be moved from this location this year. Councilmember Bean asked what was going in. Ron said it is an L shaped retail center building of 11,000 sq. ft. with up to 7 divisions in it. They are negotiating with a restaurant. There is a turn out to the current driveway we will have the developer remove and replace with curb and gutter when they put the new street in. Lance said we will have them remove the entire old driveway. Councilmember Kirkham motioned to approve Ammon Park Center – Final Plat Division #4, subject to engineer approval. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, and Councilmember Powell – Yes. The motion passed. Councilmember Bean asked if there would be a cross access agreement. Ron said yes. Councilmember Slack asked if Action Items 9 and 10 could be moved up for his participation, since his battery was giving out on his cell phone and he won’t be able to participate for the entire meeting. Council concurred. 6. Hawks Landing Exhibit B - Addendum to Master Plan for Single Level Homes (Ron): Councilmember Slack left the meeting. Councilmember Kirkham motioned to approve Hawks Landing Exhibit B – Addendum to Master Plan for Single Level Homes, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. 7. Employee HRA (Dana/Jennifer)*: Councilmember Kirkham motioned to table the HRA, until next Council meeting. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 8. Google Fiber Application (Powell/Bruce)*: Councilmember Powell said this will be privately funded. Bruce Patterson, System Administrator stated that Google submitted a request for information from communities, whether the community consists of citizens or of municipalities, as an experiment to demonstrate what can be done with this type of network, to get the best bang for their buck. He asked whether the City would be willing to appoint someone to be a point of contact. Councilmember Kirkham said it should be Bruce himself. Councilmember Powell said no funds are being committed – it’s just a Request for Information and if they select us, it will be brought back to the Council. Councilmember Bean motioned to make Bruce Patterson the point of contact for the Google Fiber Application. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Powell wanted Bruce to send the previous study that was done to the Council. 9. Parks and Recreation Software Approval (Ken/Bruce/Jennifer)*: Ken Knoch, Parks Director presented the Council with the ways he would pay for the software. The Parks and Recreation budget category “new capital outlay” has a $13,000 budget, from which he would take half of the cost for the software. The other half would be taken out of the budget for a new roof for the pool. The expense for this year with the software is $7612.50 and it would be covered through his budget. Councilmember Kirkham motioned to continue securing the contract for the recreational software, and to table this item until the contract is secured and presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson, Councilmember Slack – Yes, and Councilmember Bean – Yes. The motion passed. Council Minutes 2-18-10 Page 7 of 10 10. Disc Golf Woodland Hills Agreement Authorization and Mayor’s Signature (Ken)*: Ken stated the water issues are done in the Woodland Hills Park. We need to have a professional design the disc golf course. We have had Jon Lyksett perform some of this work and now would like to put him on retainer. The total cost for the project will be $50,000; including Jon’s fee of $5000. The Parks Department desires to pay for the entire project through fundraisers. The cost to both pay Jon for his work to date and to put him on retainer will be $1000. If Ken doesn’t get enough fundraising money, this will be the total amount the City will have to pay for Jon’s services. As work progresses, the retainer will be drawn from the $3000 currently in the Woodland Hills Park donation. The remaining $2000 will be due at the completion of the project and will be drawn from new donations. Ken won’t start the project, until he has the entire $50,000 in hand. Councilmember Kirkham motioned to approve the $5000 expenditure for Disc Golf Woodland Hills Agreement Authorization and Mayor’s Signature, subject to review by the City attorney. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Slack – Yes. The motion passed. 11. Solar Panel Grant: Councilmember Bean doesn’t want solar panels on the ground. Councilmember Powell said its federal money and he doesn’t want to waste the money. Mayor Fuhriman read a statement that Jackson officials, according to the paper this morning, received about $708,000. We are looking at $200,000 in federal stimulus grants. Councilmember Coletti said there’s no question others are doing it, but we need more discussion. Councilmember Kirkham asked who is in support of the solar panels. Councilmember Thompson said yes, if it’s just solar panels. Councilmember Bean said he has a problem with what the City is doing with solar panels, as far as cost and where to put them. Councilmember Powell doesn’t want to do it, because he feels it is a waste of the taxpayers’ dollars. Councilmember Coletti is concerned with feasibility and whether we can do it in the time that we have – it would be fine if it would work, but we have only a 60 day window. He was blindsided by this whole thing and hasn’t had time, whether he wants it or not. Councilmember Kirkham stated she is green and likes the idea, but doesn’t feel this is realistic. We don’t know where to put them. Councilmember Coletti concurred. He doesn’t feel the City needs to be making a statement about real energy. Councilmember Kirkham said to just get them and put them up, even if it costs the City more. Councilmember Powell said you had a lot of citizens who came and asked for justification on the sewer plant. How could you present this to the residents with a 40-60 year return? Councilmember Kirkham said this has helped us to start discussions for going green. Councilmember Bean said let’s develop the policy for the City and then go for the grants. Councilmember Bean said we need ordinances for solar and wind panels and thinks Councilmember Thompson should head it. Ron said we have homes in the City with solar panels, but haven’t discussed if they want to put them in their front yards. Councilmember Bean asked the Council that we turn the grant back. Councilmember Bean motioned to open the agenda to add the item for the solar panel grant. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes, and Councilmember Thompson – No, since the purpose of adding the item is to turn down the grant. Councilmember Bean motioned to decline the grant and respond to them that we are not interested in taking the grant. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – No, because we are missing a great opportunity to promote alternative energy. DISCUSSION ITEMS: 1. Hillcrest Storm Water Retention Pond (Lance)*: Lance stated the Council was supposed to get back to him as to what the Council wanted to do with this issue. He stated when the agreement was signed, there was an agreement to put in pumps and pump it out within 72 hours. After the agreement was signed, French drains were put in so there were no pumps. It was suppose to be sprinkled and now the City has installed a meter for the water readings and the school is paying highly for the water. They would like a break on the cost of the water for the storm water retention pond. Councilmember Bean said they are using #1 to leverage for the sprinklers. Councilmember Powell said the difference is the other retention ponds are owned by the City and the school owns this one. Councilmember Bean said the school liked this idea, because it was going to develop an area for them, Council Minutes 2-18-10 Page 8 of 10 which they didn’t have the money and ability to develop. Scott said this went in, because it was a requirement of the Sunnyside Road development. Ron said this property was owned by the school and the City developed it. Councilmember Kirkham will call Roger concerning this with Lance being present. Tom Hunsaker, 2135 S. Ammon Road Planning and Zoning said the school was using it for their own storm water retention pond before, but not as much as we needed to accommodate Sunnyside Road. The commercial development to the west is also dumping in there, as it comes off of their parking lot. When the City started metering culinary water usage, the school started using secondary water sources to sprinkle the rest of the property. He said the school district didn’t remember being told about the switch from pumps to French drains. 2. Misc.: Ron said the school district has designated the new school on Princess Drive as a mathematics and science specialty school. In addition to the students living in its boundaries, the school will also offer open enrollment for up to 150 additional students. They will continue with normal buses, but the parents of the 150 additional students will be required to transport their kids themselves. Ron said we granted a special use permit. Scott recommended that we hold another public hearing. Councilmember Kirkham said they only have one access. Councilmember Bean said the roads aren’t big enough to handle this traffic. Scott said it was going to only accommodate the square mile around and they would only have 2 – 3 buses, so one access was accepted. Councilmember Kirkham said Rimrock could possibly handle the specialty classes, since they are going from 525 students this year to 375 students next year. Councilmember Kirkham will call Dr. Shacket. Scott asked if they put in an approved second roadway, would it work. Councilmember Bean said no, since the majority would come from the north (the only currently viable second access route would be from the south). Councilmember Thompson said the building department applied for a grant to help subsidize the department and we got the grant of $100,000 to use over the next 2 years. Mayor Steve Fuhriman met with Mayor Jared Fuhriman, and the Mayors from Iona and Ucon Friday afternoon and most of the discussion was around Ammon. They are going to teach him how to be Mayor. Councilmember Kirkham asked him what they planned to teach him. Mayor Steve said their concerns were he was going to be contaminated from past history and they wanted him to ask questions to learn both sides of the story. Mayor Jared has a desire to work together. Councilmember Bean asked if Mayor Steve told Mayor Jared to get his Council to work together with Ammon. Mayor Steve asked the Council if the City pays for lunch. Council said no. Councilmember Kirkham said in the four years she has been with the City, she has had many lunches on behalf of the City and they all pay for it themselves. That is what the stipend is for and it is part of the service provided to the City. Councilmember Coletti agreed. Council discussed that they have never asked for reimbursement. Councilmember Bean said past history just took place, as little as, three months ago with Sharon Parry (at the Bonneville County Planning and Zoning hearing concerning the expansion of Ammon’s Area of Impact) and several of their Council members always exhibit deep seated feelings. Mayor Jared could have stood up at that hearing and said, she does not represent the city, she is doing this on her own, but that was never said. The Idaho Falls Council has made very derogative comments in the paper towards Ammon. To them we will always be the 25 year old man living with his parents. Councilmember Bean said it will be hard to get him on board anytime soon. Councilmember Coletti said he hoped this isn’t true that we won’t make amends, while their current Council exists. Councilmember Kirkham said she has only been here four years and has spent numerous hours on the City’s behalf only to have it thrown in her face. She is done being trampled on. Councilmember Bean asked Councilmember Coletti not to be naive. Councilmember Kirkham said the actions have to go with the words. Councilmember Powell said he has been here for two years and he just wants to make good business decisions that benefit the City of Ammon and the City of Idaho Falls. Mayor Steve stated his father-in-law hated Ammon. He feels it’s like two kids in a sand box fighting over a toy. Councilmember Kirkham said it’s a parent and child and the parent is acting like a child. Councilmember Bean said what if we can’t do it. Mayor Steve said I can do it. Councilmember Bean said you haven’t had the history. Mayor Steve said he has watched this battle happen for 20 years. Leslie advised the Council that there will be two ribbon cuttings for next week and she has sent it to the City’s management. She asked the Council to watch their e-mails for future ribbon cuttings. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) (Lance) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) (Leslie/Scott) 3. Pending Litigation - Idaho Code 67-2345 (1-f) (Scott/Leslie/Jennifer/Lance) Council Minutes 2-18-10 Page 9 of 10 Councilmember Kirkham motioned to move into executive session pursuant to Idaho Code 67-2345 (1-b, c, and f). Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Powell – Yes. The motion passed. The meeting adjourned at 10:59 p.m. _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 2-18-10 Page 10 of 10