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10152009CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, OCTOBER 15, 2009 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, OCTOBER 15, 2009 – 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Kirkham Prayer – Councilmember Thompson MINUTES: Sept. 10, 2009* ITEMS FROM MAYOR: CONSENT AGENDA: Business License* Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: PUBLIC HEARINGS: None ACTION ITEMS: 1.1974 Lafrance Fire Truck Repair of Pump, Public Auction or Donation to Other Entity (Stacy)* 2.Exhaust System Fire Dept Bid Acceptance (Stacy)* 3.Ordinance 483 - Cable One Franchise Agreement Introduction* DISCUSSION ITEMS: 1.IBSD - Riverbend Manor (Eileen McGovern)* 2.Misc. EXECUTIVE SESSION: 1.Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Scott/Lance/Leslie)* MINUTES City Officials Present: Mayor Bruce Ard Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Rex Thompson Councilmember Brian Powell City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates City Officials Absent: Councilmember Randy Waite City Treasurer Jennifer Belfield City Planning Director Ron Folsom Mayor Ard opened the meeting at 7:30 p.m. at the City Office Building located at 2135 South Ammon Road. Councilmember Kirkham led the Pledge of Allegiance and Councilmember Thompson offered a prayer. 10-15-09 Council MinutesPage 1 of 6 MINUTES: Sept. 10, 2009 – Work Session*: Councilmember Powell motioned to accept the minutes for Sept. 10, 2009, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes and Councilmember Kirkham – Abstained (she was absent). The motion passed. ITEMS FROM MAYOR: Mayor Ard discussed that Kevin Taggart had reduced the price to $245,000, however, he doesn’t know if it’s both pieces. The parcel in question is the Harvey Crandall home and adjacent land. Councilmember Kirkham said we would be interested if the price is for both parcels. Councilmember Powell asked the Mayor to get it in writing including what it was before and what the offer is now. Mayor Ard stated he would. CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday October 15, 2009 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.RENEWALBUSINESS LICENSE APPLICATION: A.Wood Funeral Home – Funeral Home – 963 S. Ammon Rd. th B.Allstate Insurance/Jenifer Brocker – Insurance – 2677 E. 17 Street, Suite #600 th C.Majestic Auto Body – Auto Body Paint & Repair – 1456 N. 25 E. th D.Bank of Commerce, Branch #360 – Banking – 3113 S. 25 E. E.Anytime Fitness – Fitness Center – 1615 Midway Ave th F.McDonald’s Of Wal-Mart – Food Service – 1275 S. 25 E. th G.Realty Of The Rockies, Inc. – Real Estate – 3456 E. 17 Street, Suite #215 th H.Dance Tech – Dance Instruction – 2633 E. 14 N. th I.Rooftop Real Estate – Real Estate – 2677 E. 17 Street, Suite #300 J.Premier Paving – Construction – 2710 Midway K.YMCA – Sports Recreation Facility – 3500 S. Ammon Rd. L.Qualicare, Inc. – Home Health Care – 3539 Briar Creek Lane, Suite A th M.T. And T. Landscape, LLC – Landscape – 2698 E. 14 N. th N.Ship Pro, LLC Aim Mail Centers #75 – Postal Service – 3270 E. 17 Street th O.Citizens Community Bank – Banking – 2797 S. 25 E. P.City Storage – Storage Units – 1800 S. Ammon Rd. th Q.Merlin’s T.V. – Retail Sales – 2489 S. 25 E. th R.Rocknak’s Hardware Plus – Retail Sales – 1520 N. 25 E. th S.Eastern Idaho Wireless – Retail Sales – 939 S. 25 E. th T.Wal-Mart Stores, Inc./Supercenter – Retail Sales/Beer & Wine Sales Off Premise – 1201 S. 25 E. th U.Kmart Corporation #4748 – Retail Sales – 3101 E. 17 Street V.APX Alarm Security Solutions, Inc. – Itinerant Merchant – 4931 N. 300 W. Provo, UT W.Idaho Desperado’s – Retail Sales – 3890 E. Sunnyside Rd. X.Landon Excavating – Excavation – 3500 Maiben Avenue th Y.Fazoli’s/Bella Luna #11, LLC – Restaurant – 3003 S. 25 E. th Z.Geraldine’s Bake Shop – Restaurant – 3160 E. 17 Street, Suite #190 th AA.Frito Lay – Retail Sales – 2582 E. 14 N. BB.TCSS Limited Co. dba Tobacco Connection – Retail Sales/Beer Sales Off Premise – 1747 Sabin Drive CC.Gables of Ammon – Assisted Living – 1405 Curlew Drive DD.Henderson Medalist Restoration & Cleaning – Cleaning & Restoration – 1436 N. Trellis Lane, Suite #1 EE.Rockwell Development – Building Contractor – 3539 Briar Creek Lane th FF.Comfort Air Design, LLC dba Wiemer Heating – HVAC – 2642 E. 14 N. th GG.Big Dog – Retail Sales – 2631 S. 25 E. th HH.Edward’s Theatre – Theatre – 2707 S. 25 E. th II.Sportsman’s Warehouse – Retail Sales – 2909 s. 25 E. th JJ.Chuck-A-Rama – Restaurant – 999 S. 25 E. th KK.Family Chiropractic Center – Chiropractic – 3298 E. 17 Street th LL. Spring Communications – Retail Sales – 3049 E. 17 Street HOME OCCUPATION PERMITS: 1.RENEWAL HOME OCCUPATION PERMITS: A.Johnson, Terri – Gymnastic Instruction – 3760 Georgia Lane B.A&R Systems, LLC – Landscaping – 1230 Ross Avenue 10-15-09 Council MinutesPage 2 of 6 C.Window Elegance – E-Commerce – 4251 Willow Canyon Drive D.Outside Sales – E-Commerce – 4335 Amber E.NTL Group, Inc. – Consulting – 3789 Windmill Drive LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1. RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: A.Tesoro Sunnyside Enterprises Plaza, LLC – Retail Sales/Beer Sales Off Premise – 2523 E. Sunnyside Rd. B.Ammon Speedy Mart – Retail Sales/Beer Sales Off Premise – 3490 E. Sunnyside Rd. th C.Legend’s – Retail Sales/Beer Sales Off Premise – 3480 E. 17 Street Business License*: Leslie explained the licenses are sent out approx 60 days ahead. Councilmember Powell asked if Wal-Mart pays the same as T&T Landscape. Leslie said yes but there are others businesses within Wal-Mart that also pays. Scott Hall said that he has located an operation within a residential area that looks to be a commercial entity. He will get with Leslie with the information for her follow-up. Councilmember Powell motioned to approve the consent agenda, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Bean asked what the amount from Forsgren was for. Lance said it was to figure out the separation of lines between IBSD and Ammon. Councilmember Bean motioned to approve the accounts payable, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None PUBLIC HEARINGS: None ACTION ITEMS: 1. 1974 Lafrance Fire Truck Repair of Pump, Public Auction or Donation to Other Entity (Stacy)*: Stacy stated last year when they got the 1994 truck, we stored the 1974 Lafrance truck outside and over the winter water accumulated and broke the pump. The quote to repair the pump from Larsen Pump Repair out of SLC is $4000 to fix it using old parts. He would like to find out, if the Council would like to donate the truck to another fire department or fix it. Leslie said someone might want it for the parade. Stacy said it could be put up for public auction. Leslie said we could put an ad in the paper and hold a one day public auction. Mayor Ard suggested a written public bid. Scott Hall stated he wants to be contacted with how to handle the auction. Councilmember Kirkham motioned to declare it as surplus and auction the 1974 LaFrance Fire Truck. Councilmember Thompson asked how many trucks we have. Stacy said there are four currently in service and a parade truck, plus one more available for our use per an agreement with the Bonneville Fire department, once this one is removed. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes and Councilmember Thompson – Yes. The motion passed. 2. Exhaust System Fire Dept Bid Acceptance (Stacy)*: Last year he received a grant for $47,500 for the exhaust system from Assistance to Firefighters Program. The City has to pay 5% and the bid was opened Friday. The lowest bid was $39,900 from Fireman’s Supply, Inc. out of Boise, $44,000 from Air Pro, Inc. out of Colorado, and $49,800 from Weidner and Associates out of Utah. Stacy has reviewed all three bid packets. There are three different manufacturers and he went with the most expensive manufacturer for the specifications. The difference is in the track and he is comfortable with the low bid. Councilmember Powell asked if the warranty was the same. Stacy said the winning bid is a five year warranty, where the others are only two years. Scott asked if the bid was in compliance with his specifications. Stacy said yes. Stacy showed the Council two videos as to the 10-15-09 Council MinutesPage 3 of 6 function of the system. The life of the hoses is rated 20 – 25 years. The price includes the tailpipes of the trucks, installation of the system in the building, and training the volunteers. Councilmember Kirkham said this is good. Firemans Supply was the winning bid. Councilmember Powell motioned to accept the bid from Fireman’s Supply, Inc. in the amount of $39,900 for the new exhaust system for the City of Ammon Fire Department. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 3. Ordinance 483 - Cable One Franchise Agreement Introduction*: Leslie explained that the ordinance needs to be introduced and it will be brought back in 30 days for the final acceptance from Council. Ron has advised her that this contract protects the fiber optics and Cable has accepted this. The City received a 5% franchise fee, since the previous contract had 5% and it is a 10 year contract. Scott stated he hadn’t seen the ordinance. Ron had told Leslie that Scott had reviewed this. Scott stated he can’t see where the fiber optics is protected. Leslie showed him section 2.1 last sentence. Councilmember Powell stated he was more concerned with 2.3. Councilmember Bean stated that’s cables protection. They discussed the definition of cable system. Councilmember Bean said you have excluded fiber in the franchise agreement under 2.1 Scott stated that he is concerned that there might be a conflict with 2.3. They discussed how cable carries more than just cable TV; it now also carries Internet and telephone services. Leslie stated Ron would be ok to table this, if there was any concern and he can bring it back. Scott stated he is concerned that the current language hasn’t clearly protected the City’s potential fiber optic lines. Scott stated he doesn’t know fiber optics, so he will need some technical assistance with this contract. Scott stated he doesn’t want cable to freeze our fiber optic system up in court. Scott stated he wants himself, Councilmember Bean, Bruce Patterson and Ron to work on the language. Councilmember Bean also pointed out that section 4.1 refers to a definition in section 1.1, but there is no section 1.1. Councilmember Kirkham motioned to table Ordinance 483 – Cable One Franchise Agreement until the City has the opportunity to explore it further and rewrite section 2.3. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed. Councilmember Bean stated he would like a quarterly accounting from the cable company along with the franchise fee check. Leslie stated there are companies that go out and verify these fees for the Cities. DISCUSSION ITEMS: 1. IBSD - Riverbend Manor (Eileen McGovern)*: Eileen McGovern, Echohawk Law Offices, Pocatello, Idaho said she was here to talk to the Council concerning IBSD Riverbend Manor. She sent a letter including the legal description, plat and statutes that relate to the annexation and de-annexation process. It makes more sense for Ammon to handle the sewer for this area, than IBSD. There are two main purposes for her meeting with the Council – one if Ammon is ok with this or not and two how it can be accomplished. Lance said it is only the southwest portion. The southwest portion can be gravity fed all the way by the Ammon system, but if IBSD handled it, they would have to have a lift station. Similarly, IBSD can gravity feed the northeast portion, but if Ammon handled this other portion, Ammon would have to have a lift station. Mayor Ard said IBSD would have to de-annex and then Ammon accept services. Eileen said it can be done either by annexation by Ammon or de-annexation by IBSD. Both require a petition from the landowners, a published notice and a public hearing. The landowner has already signed off on it. Eileen is interested in creating a petition and in the body of the petition state what they are doing and indicate that Ammon is willing to accept them into the City. Councilmember Bean asked about annexation and inclusion and how they work. Eileen said there has to be public notice, then public hearing, then Council can accept the petition, then the area will be serviced by Ammon. IBSD will create the petition and go through the public hearing, and then Ammon might need a public hearing. Mayor Ard said where Ammon already has the land there would be no need for a public hearing. Scott said the City provides this service for people, so we wouldn’t need a public hearing. IBSD will create the petition, get the landowners’ signature and go through the public hearing process. 10-15-09 Council MinutesPage 4 of 6 Council said they would be willing. Councilmember Bean asked her to make sure it’s recorded to show the jurisdiction change. Eileen said the public hearing will file it. She will be sure it is done and will send the Council the letter. Lance asked the maps to be adjusted. Eileen will see that this is done. Councilmember Thompson said there is some land that IBSD has that might be better served by Ammon. Eileen said hopefully the process will be better with the new management. Scott said the City is very willing to work with IBSD. Eileen said IBSD feels the same. 2. Misc.: Lance said the Council needs to review the snow proclamation. Snow removal will become a large issue with the new garbage cans. He will be discussing changing it to meet the new demands. Lance discussed the issue with after hour calls for water service and if Council would allow a change to charge for overtime expenses. Councilmember Powell asked about what if the main water line breaks. Lance said that would be the City’s expense. He is just talking about individual homeowners calling. Council decided that it is a courtesy the City provides and to leave it as is. Councilmember Bean asked Scott to note the gross revenues. In the definition section of the cable franchise agreement it looks like cable TV is covered, but not internet or phone, but questions whether the fee should also be on all these services. He wants to redefine cable to include other services such as internet, and telephone and possibly to include repairs and maintenance and whatever. Councilmember Powell stated he likes the ambiguity for the fiber but for the revenue side of it we need to lock it down. Councilmember Bean asked if the ERU’s are still on line. Leslie stated more of the forms have come back in and have been entered. Lance said there is an issue with the current chart. One instance is looking at increasing an entity by $5000 per month. Councilmember Kirkham said she and Councilmember Bean are not seeing where the application is failing. Lance said it looks it’s where what we are currently charging and where it will go with the ERU’s. Leslie stated the churches, schools, and restaurants are the ones being hit the most. These are on meters and the formula is much higher than actual usage. She’s concerned how the Council can support these numbers. She is in favor of the ERU’s, but if we throw out any part of the ERU then the whole thing would have to be thrown out. Councilmember Kirkham said she wants to have a formula and we need to find one that will work. Councilmember Bean stated that maybe the ERU’s are right and our rates are too low. He feels the meter rate is too low. Leslie stated they are now trying to find out where the formulas fail. She is having Forsgren and she cross check every area to track this down. Forsgren has stated that they pulled from many different formulas. Councilmember Kirkham said Lee is probably right. Even if the ERU’s are correct, if we raise the rates significantly like that, we will hear from everyone out there. She would like the increase to happen all at once, not in segments. Leslie said to remember that the ERU’s will be applied to water and sewer, so any increases will be approx. doubled. The letters have just started coming back. She has sent a second request and she is still at 50% response. Leslie stated you won’t know the ERU rate, until you know how many ERU’s and then you will have to divide the expenses. Councilmember Kirkham said we got a thank you note from a constituent. She asked about the Hitt Road letter and whether the Council wants to still send it to the constituents. Scott asked to change the location information. It’s confusing to him, since there are two canals. He suggested changing ththst it to Sunnyside north to Derald, Derald north to 17, 17 north to the Mepen canal and the Mepen canal north to 1. In the last sentence, after the words “the City of Ammon”, he feels they are inviting discord. He thinks to have it say the City will always strive to be responsible with their tax dollars. Councilmember Thompson asked what the percent of participation is and maybe state it is of the entire project to date. Councilmember Kirkham asked Robert Taylor, from the audience, to read the letter and to give his opinion. Council discussed how Idaho Falls is trying to use dollars not linear feet. Ammon wants to stay with linear feet; since it is felt this compares apples to apples. Leslie stated if you use dollars, then it all should be based on the value of current dollars. Discussion ensued concerning what portion the road was done before the MOU. Scott said when the MOU was done there was no Hitt Road south of Sunnyside – it was called Haroldsen Road or something like that. If this is the case, then this agreement might not be effective at all south of Sunnyside. Lance asked the Council where the mailing costs will come from. Councilmember Powell asked what we are trying to accomplish. Councilmember Kirkham said it’s to inform the constituents that we aren’t trying to shirk our responsibilities, which we aren’t. thth Councilmember Bean said 25 to 17 was done before the MOU. If you take this out, this would make Ammon paying 78% of the expenses. Councilmember Powell stated we’ve already published 60% and he doesn’t want to keep changing figures around. 10-15-09 Council MinutesPage 5 of 6 Councilmember Powell stated he thinks it best to let it die, since the Mayor already put it in the newspaper. Councilmember Kirkham said we will agree to disagree, but we have a responsibility to say to the patrons we have held up to our end of the agreement. Councilmember Powell asked in the end, what this accomplishes. Scott said it’s the percentage of the development of the road, not of the cost. Nobody cares about the cost, just the lineal feet of development. Robert Taylor stated he feels it is too technical for the general public. He feels a couple of paragraphs would suffice. It should say something like the road is mostly in Idaho Falls and from Sunnyside to First Street Ammon and its developers have done more than their share, then proceed to tell about the new water system. Russell Slack, 4068 Rulon Drive said during the campaign he has been talking to hundreds of people, he feels they have moved on, because nobody has been affected by it. He feels Councilmember Powell is right on the nose, not to create a controversy. Councilmember Powell stated he would rather send a letter out about the water, police, sewer system and the positive aspects of the City. Councilmember Thompson said he feels Idaho Falls will put something in the paper and it will be dollars and make Ammon look puny. Councilmember Powell said that is their prerogative. Scott asked Robert what if this was a map showing what was done by Ammon and what was done by Idaho Falls, designated by color. Robert felt that would be a good approach. Leslie said we would tie in the positive aspects of the City with the map. Councilmember Kirkham said that would probably make more sense to the constituents. She will start over. Councilmember Powell asked Lance about the completion date for the street light on the northwest th st corner of 45East and 21 Street intersection. Lance said they are working with Rocky Mountain Power for the hole, which is approved, but he has not seen anyone out there. Councilmember Powell asked him to follow up on it. Leslie asked Councilmember Kirkham if she has talked with Ray Suitter concerning the hydrant, so she can issue the business license. Councilmember Kirkham said she will call him. She will check with Ron to get the proper details on the hydrant. The decision is how much of a fine he is going to pay. EXECUTIVE SESSION: 1. Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Scott/Lance/Leslie)*: Councilmember Bean motioned to move into executive session for pending litigation pursuant to Idaho Code 67-2345 (1-f). Councilmember Thompson seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Powell. The motion passed. The meeting adjourned at 9:00 p.m. ________________________________________ C. Bruce Ard, Mayor ________________________________ Leslie Folsom, City Clerk 10-15-09 Council MinutesPage 6 of 6