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10012009CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, OCTOBER 1, 2009 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, OCTOBER 1, 2009 – 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Bean Prayer – Councilmember Thompson MINUTES: August 20, and Sept 3, 2009* CONSENT AGENDA: Business License* Accounts Payable – Exhibit A – Sept 18 – Sept 30 Accounts Payable – Exhibit B – Oct 1 ACTION ITEMS: 1.Rocky Mountain Power Lighting District Contract – Council Acting as Board for Lighting District (Ron)* 2.Power House Electrical Lighting District Maintenance Contract – Council Acting as Board for Lighting District (Ron)* 3.Award Contract Eastern Interceptor Line – Bodiford Construction (Ted)* EXECUTIVE SESSION: 1.Prevention of a Claim Pursuant to Idaho Code 67-2345 (1-j) (Scott/Leslie)* 2.Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Lee/Scott/Brian) ITEMS FROM MAYOR:* ITEMS FOR/FROM TREASURER: PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: DISCUSSION ITEMS: 1.Sunnyside Chip Seal (Lance) 2.Reimbursement City Projects – Building Dept. (Charlie)* 3.Heath Brown Tree (Ken)* 4.Employee Evaluations (Mayor) 5.Misc. MINUTES City Officials Present: Mayor Bruce Ard Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Rex Thompson Councilmember Brian Powell (via phone for meeting) City Attorney Scott Hall City Clerk Leslie Folsom City Treasurer Jennifer Belfield City Planning Director Ron Folsom City Engineer Lance Bates City Officials Absent: Councilmember Randy Waite 10-1-09 Council MinutesPage 1 of 5 CALL TO ORDER: Mayor Bruce Ard opened the meeting at 7:30 p.m. at City Hall building located at 2135 South Ammon Road. Councilmember Powell was phoned in to participate in the meeting. Councilmember Bean led the Pledge of Allegiance. Councilmember Thompson led the prayer. MINUTES: August 20 – Regular Session: Councilmember Bean motioned to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham - Yes, and Councilmember Powell – Yes (present during meeting via phone). The motion passed. Sept 3 – Regular Session: Councilmember Kirkham motioned to approve the minutes as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday October 1, 2009 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Gateway Financial – Finance – 3544 E. 17 Street, Suite #205 th B.Willsey, Alisha – Daycare Employee/Sunny Days Daycare – 4366 E. 17 Street 2.RENEWALBUSINESS LICENSE APPLICATION: th A.Dress Barn #1063 – Retail Sales – 3019 S. 25 E. th B.Lane Bryant #4580, LLC – Retail Sales – 3015 S. 25 E. st C.Mecham, Margaret B. – Daycare Employee/Lighthouse Montessori – 2664 E. 1 Street th D.Crackleberry Boutique – Retail Sales – 3160 E. 17 Street, Suite #170 th E.Deseret Book – Retail Sales – 3025 S. 25 E. HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.Little Adventures Pre-School/Rebecca Muir – Daycare (Maximum 5) – 4295 Wanda B.Owens, Jami – Daycare (Maximum 5 Children) – 3465 Senoma Circle 2.RENEWAL HOME OCCUPATION PERMITS: A.L & D Handyman Service – Home Repair & Small Remodel – 681 Katie Court LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1. RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Mecham, Laura L. – Bartender/T.G.I. Friday’s – 2665 S. 25 E. MISC: MASSAGE ESTABLISHMENT 1. NEW MASSAGE LICENSE: th A. Blakeman, Kalie – Massage Therapist/Massage Envy – 3047 S. 25 E. Business License: Councilmember Kirkham motioned to approve the business licenses, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. (The recorder had technical difficulties and just started recording from this point forward.) 10-1-09 Council MinutesPage 2 of 5 Accounts Payable – Exhibit A – Sept 18 – Sept 30: Councilmember Bean motioned to approve both of the account payables, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell - Yes, and Councilmember Thompson – Yes. The motion passed. Accounts Payable – Exhibit B – Oct 1: Approved with previous motion. ACTION ITEMS: 1. Rocky Mountain Power Lighting District Contract – Council Acting as Board for Lighting District (Ron)*: Ron and Scott explained to Council that they will be acting as a board of directors for the lighting district, but it is more of a formality. Ron said in the future they probably wouldn’t bring this to Council because it would just be a renewal, but this is a new lighting district. Councilmember Bean asked what it means where it says the company will not maintain new customer owned street lights when mounted on customer owned poles. Councilmember Kirkham said like if you buy it and put it on your property. Councilmember Kirkham motioned to approve the Rocky Mountain Power - Ammon Lighting District 1 - Contract acting as a Board for the Lighting District, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. 2. Power House Electrical Lighting District Maintenance Contract – Council Acting as Board for Lighting District (Ron)*: Councilmember Bean asked what system we have in place to track the funds. Jennifer Belfield, City Treasurer stated we will be tracking our time and the expenses and we will be creating a new fund. Councilmember Bean asked Jennifer to provide this information to him quarterly. Jennifer said she would provide it for him each month with the financials. Councilmember Powell asked Ron if he knew what the expense is per lot. Ron stated it is approx. $46. Councilmember Powell asked if this was an estimate. Ron stated no since our prices are set with the entities. Councilmember Bean asked how this gets to the County for the levy. Jennifer said she will check with Ronald Longmore. Councilmember Bean asked who Power House Electrical is. Ron said we actually took the contract from Jeff, who contracted with the people who did all the work at Hawk’s Landing. Councilmember Powell asked Ron if Power House Electric is bonded. Ron said not through us. Councilmember Kirkham motioned to approve the Power House Electrical - Ammon Lighting District 1 - Maintenance Contract acting as Board for the Lighting District, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. 3. Award Contract Eastern Interceptor Line – Bodiford Construction (Ted)*: Husk addressed the Council and advised they still need approval for the Eastern Interceptor from the Regional Board and he still wants to double check their budget. They are looking at moving the lift station out of Section A and they are going to be over budget by approx. $1 million and would like to give the Council some options. Husk said Section A goes to the New Sweden Country Club then Section B goes to the Country Club and Railroad. Councilmember Bean asked for a time frame. Husk said by fall or winter 2011. Councilmember Bean asked in order for Ammon to connect, do you need to expand the plant. Husk said there is enough capacity in Phase 1 of the wastewater treatment plant for both Ammon and Shelley, however, there is not enough capacity for expansion. If there was a development of 500 homes that would like to connect, then we would have to tell them we don’t have the capacity. The plants deal with hydraulic and biological capacity. Mayor Ard asked when they will come back to us. Husk would like to come in at the next work meeting. Councilmember Kirkham asked why it is going to cost us more, when everything is coming in less. Husk said because of the lift stations. When we set the original budget, it didn’t include lift stations. A lift station enables them to achieve the depths they would like. Ted Hendricks requested 40 minutes at the work meeting to have time to review everything. He introducedRick Miller who is a new employee with his firm, who will specialize with water and sewer. Councilmember Bean motioned to table the Award Contract for Eastern Interceptor line –Bodiford Construction. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 10-1-09 Council MinutesPage 3 of 5 EXECUTIVE SESSION: 1. Prevention of a Claim Pursuant to Idaho Code 67-2345 (1-j) (Scott/Leslie)*: 2. Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Lee/Scott/Brian): Councilmember Kirkham motioned to go into executive session pursuant to Idaho Code 67-2345 (1f- j). Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. The executive session was adjourned. The regular meeting resumed at 9:46 p.m. ITEMS FROM MAYOR:* Mayor Ard showed the Council the letter from the Post Register he sent concerning Hitt Road. ITEMS FOR/FROM TREASURER: Jennifer requested the management evaluations from Council, discussed the City luncheon on Friday, flu shots, and informed the Council the audit is going well. Ron said someone received a request to get the original letter of credit back for Hawkes Landing and in the agreement, it says we will return it. Council said they are ok to return it, as long as, it was paid in full. Ron said yes, it is. PUBLIC HEARINGS: None th PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: John Oh, 2487 South 60 East, Ammon, ID. 83406 asked the Council for an update on Hitt Road. Lance said the City Council of Idaho Falls would not let the City of Ammon use the design plans Idaho Falls had created. Councilmember Bean said he doesn’t see the project happening right away. John asked if the Council was going to move forward. Councilmember Bean said it doesn’t make sense to put it in such a small portion now. Councilmember Thompson said we would wait until First Street is put in. It will go to the corner at least. The annexation agreement that was passed on John’s property says the owner will have to put the sidewalks in. John asked if we would have to wait and see. Councilmember Kirkham said Mayor Fuhriman told herself and the Mayor to be sure to use the City of Idaho Falls plans. Councilmember Bean stated he feels it is Idaho Falls’ way to strong-arm Ammon, since we didn’t commit initially and he is disappointed in Mayor Fuhriman for not stepping up. Ron said the bottom line is Corey Taule, with the Post Register, didn’t know any of this. Corey said what he has since learned is very eye-opening. Mayor Ard said he doesn’t see what design work is required for a five-foot sidewalk and sprinkler. Scott said if it was their design, what is wrong with their design that we couldn’t use it. Ron said it is public record. Scott said once Ammon realized we had money in our budget, Idaho Falls was not interested in having it done. Councilmember Bean said it is Idaho Falls responsibility to put it in since it is their property. Councilmember Kirkham said she empathizes with John, since he is caught in the middle of this feud. DISCUSSION ITEMS: 1. Sunnyside Chip Seal (Lance): Lance advised that there won’t be any asphalt available until next year. It’s too late in the season to do the project. 2. Reimbursement City Projects – Building Dept. (Charlie)*: Item pulled and put in the next work session. 3. Heath Brown Tree (Ken)*: Ken presented to the Council the letter he sent to Heath Brown concerning the tree. He has talked with Heath’s daughter and still has received no response. He asked the Council what they would like him to do. Councilmember Bean asked if we had it in the budget. Scott said he will have to look at the tree ordinance. Ron said the tree ordinance addresses a fine. Councilmember Bean said cite him, remove the tree and we’ll find a way to collect from him. Leslie informed the Council that Heath is trying to sell the property. Ron asked Scott if we could record an invoice and have it recorded. This would trigger the title company to inform Mr. Brown that this must be settled in order to sell. Council is fine with this procedure. 10-1-09 Council MinutesPage 4 of 5 4. Employee Evaluations (Mayor): Mayor Ard said he has already talked to the Council on this issue. Councilmember Bean said he realizes the breakdown is with the Council. He stated he doesn’t want the management evaluations done in June or July, but rather at the first of September. Jennifer asked how you determine the budget. Do we set the budgets according to how we feel the year’s performance is so far? Councilmember Thompson asked how you can get the budget done by August, if the reviews haven’t been done. Councilmember Bean said his concern is if we do the review in June, but performance drops off by October. Mayor Ard said he won’t sign performance evaluations until September so he can make changes, if needed. Councilmember Bean said if the performance drops off, then a secondary review would need to be made substantiating why the decrease was made from the previous review. Council decided to stay with September performance evaluations. 5. Misc.: Lance addressed the Council concerning the Walgreens storm water retention pond. He will give them 30 days for a correction plan that he can approve. Lance said it may be too late to get it constructed this year, but there are still methods they could pursue this fall. Councilmember Bean said if they can’t get it done; cite them as a public nuisance. Leslie stated that they have a business license renewal pending and she will check to see if it can be held up for not being compliant with all City issues. If not, then Ron will add this to a future revision of business licenses. Councilmember Thompson showed the Council the value to the City in actual dollars for the jobs concerning City owned property that the building department reviewed. He just wanted the Council to know of the free services that were provided. Councilmember Bean said there is value added by every department to various City projects. Councilmember Kirkham said yes, Ken could do this also, as could the general government. Councilmember Bean said I don’t want to get into this game saying I did this much for you and I did this much for you. In his opinion, Charlie is behind budget and we have supported Charlie, but he wouldn’t want Ken to do start saying look at all these projects I did for the City or Lance, etc. Leslie asked about business licenses for the Ray Suitter storage units. Councilmember Kirkham said she will take care of it and talk to him. Ron said Ray will be requesting not to asphalt. Councilmember Thompson said how we can give him an advantage that we don’t give to the next guy. Councilmember Kirkham said we don’t have to approve it. Ron said the asphalt plant will be closing down soon. Councilmember Bean asked Leslie how the City is coming with the ERU deadline. Leslie stated that she worked on it when she was in Boise. Some areas going down, but others are going from 10.5 to 132.765 and the account is metered, so the 10.5 is accurate. She is concerned that the engineer’s formula might be flawed but she needs to do more work on it to check out where the errors might be coming from. She stated that the engineers’ formula with Kmart is 1.65 ERU’s and for Walker Produce is 2.68125, where the actual meter reading shows 64 ERU’s. The numbers seem all over the place. She will be having the engineers checking their figures. She has checked with Forsgren and we are under budget for the water bond and asked if the City could add the cost for the tower that will be used to read water meters into this bond, which will help the City be accurate and fair. Councilmember Bean stated he is concerned getting away from ERU’s, which are supportable. Councilmember Kirkham said they like using the ERU formula since this allows the Council justification as to why the rates are where they are, as well as, the connection fees. Councilmember Bean said the rate charged to metered accounts should be based off the ERU rate. Leslie said she is concerned when the schools come in and challenge the ERU when it is above the metered rate. If the Council changes any of the ERU’s, then the formula will be invalidated. Councilmember Bean said if someone challenges the ERU, then the Council will send them to the engineers and have them explain it and the City won’t have to defend it. Councilmember Bean and Councilmember Kirkham want to sit with Leslie and go over this in the future. Councilmember Bean motioned to adjourn. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. The meeting adjourned 10:32 p.m. ______________________________________ C. Bruce Ard, Mayor __________________________________ Leslie Folsom, City Clerk 10-1-09 Council MinutesPage 5 of 5