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04072011CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, APRIL 7, 2011 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, APRIL 7, 2011 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Bean Prayer – Councilmember Powell MINUTES: Feb 17, 2011* ITEMS FROM MAYOR: CONSENT AGENDA: Business License* Accounts Payable – Exhibit A th ITEMS FOR/FROM TREASURER: Request toSchedule Council and Department Heads to Discuss Budget FY 2012 on the July 14 Work Session at 4:30 p.m. and the Public Hearing to Adopt the Budget for Aug. 18, 2011 at 7 p.m.* PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: 2011-001 Proposed Miscellaneous Fee Changes – Park & Council Chamber Use Fees, License Permit Fees, Idaho Fire Service Organization Rate Book* ACTION ITEMS: 1.Introduction of Rocky Mountain Power Franchise Agreement Ordinance* 2.Proposed Title 6, Chapter 3, Child Care Regulation Changes* 3.Ordinance 499 & Summary - Title 6, Chapter 3, Child Care Regulation Changes* 4.Resolution 2011-002 Building, Electrical, and Mechanical Permit Fee (no fee changes)* 5.Resolution 2011-003 Park and Council Chamber Use Fees (Hearing Item)* 6.Resolution 2011-004 Certificate of Occupancy Fines & Fees (no fee changes)* 7.Resolution 2011-005 License Permit Fee (Hearing Item)* 8.Resolution 2011-006 Elevation Certificate, Copies, Faxes, Return Checks (no fee changes)* 9.Resolution 2011-007 Adopting Idaho Fire Service Org Rate Book (Hearing Item)* 10.Fair Housing Proclamation (Leslie)* DISCUSSION ITEMS: 1.Misc. EXECUTIVE SESSION: 1.Personnel Evaluations - Idaho Code 67-2345 (1-b) 2.Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3.Pending Litigation - Idaho Code 67-2345 (1-f) MINUTES City Officials Present: Mayor Steve Fuhriman Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Russell Slack Councilmember Brian Powell City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates City Planner Ron Folsom City Treasurer Jennifer Belfield of 7 Council Minutes 4-7-11 Page 1 City Officials Absent: Councilmember Rex Thompson Councilmember Sean Coletti CALL TO ORDER: Mayor Fuhriman opened the meeting at 7:03 p.m. at City Hall located at 2135 South Ammon Road. Councilmember Bean led the Pledge of Allegiance. Councilmember Powell gave the prayer. MINUTES: Feb 17, 2011*: Councilmember Kirkham motioned to approve the minutes for Feb. 17, 2011, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember Slack – Yes. The motion passed. ITEMS FROM MAYOR: Mayor Fuhriman reported on the III-A meeting in Boise. The name has been changed to Idaho Independent Intergovernmental Authority. There are 388 members now and growing quicker than anticipated. They are putting to a vote that the upfront money between now and the first of the year will be refunded in two to four years. CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA April 7, 2011 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.V A Medical Center – Medical Center – 3544 E. 17 Street th B.Main Moon Restaurant, LLC – Restaurant – 3350 E. 17 Street th C.Logo Studio, LLC – Sales & Marketing – 3456 E. 17 Street, Suite 240 th D.The Family Law Center, PLLC – Law Office – 3456 E. 17 Street, Suite 195 2.RENEWAL GENERALBUSINESS LICENSE APPLICATION: A.CBS Collections, Inc. – Collections Service – 1534 Midway Ave. B.New Beginnings Care Facility, LLC – Assisted Living – 2085 & 2105 Avocet Drive HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.Dave’s Place/David Gonzales – 2420 S. Ammon Rd. B.Shear Pointe/Leeann Herrick – Salon – 4215 Willow Canyon Dr. 2.RENEWAL HOME OCCUPATION PERMITS: A.Advanced Drafting Services – Drafting – 3026 Silver Circle B.Hendrick’s Hydroseed – Landscape/Hydroseed – 5283 Tildy Lane C.Around The Home Inspections – Home Inspections – 4310 Mason D.Ford Nos Parts, LLC/Nathan Summers – E-Commerce – 4130 Wanda St. CHILDCARE/CHILDCARE WORKER LICENSES: 1.NEW CHILDCARE LICENSES: A.Stanislao, Monique – Childcare Employee/Acorn Children’s Academy – 1619 Curlew Suite 2 2.RENEWAL CHILDCARE LICENSES: A.Tiny Tykes/Lisa Herrmann – Home Childcare – 2255 Midway Ave. MASSAGE LICENSE: 1.NEW MASSAGE LICENSE: of 7 Council Minutes 4-7-11 Page 2 A.Calley, Desiree – Massage Therapist/Retreat Day Spa – 1489 Curlew Dr. 2.RENEWAL MASSAGE LICENSE: A. th Matthews, Tiffany – Massage Therapist/Massage Envy – 3047 S. 25 E. Business License*: Councilmember Slack motioned to approve the business licenses, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Powell – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Powell asked if Councilmember Bean is alright with the EIRWWA billing. Councilmember Bean said yes and the Region will be including the northern interceptor money to an offset to the amount the City of Ammon is paying. Councilmember Kirkham motioned to approve the Accounts Payable Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, and Councilmember Bean - Yes. The motion passed. ITEMS FOR/FROM TREASURER: Request to Schedule Council and Department Heads to Discuss th Budget FY 2012 on the July 14 Work Session at 4:30 p.m. and the Public Hearing to Adopt the Budget for Aug. 18, 2011 at 7 p.m.*: Jennifer advised Council of the dates for the budget meetings. Jennifer will advise the staff as to the dates. Councilmember Kirkham inquired where the wage study is at. Jennifer said she will follow th through on this. The open house for the SCADA building has been rescheduled to Friday, June 10 at noon to 5 p.m. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: 2011-001 Proposed Miscellaneous Fee Changes – Park & Council Chamber Use Fees, License Permit Fees, Idaho Fire Service Organization Rate Book*: Mayor Fuhriman read the instructions for the procedure that would be followed for the public hearing, to the public. Jasmine Erickson, 2335 Cabellaro Drive, Ammon, ID stated she will have to decide whether to get the swimming lessons or the pass, where in the past she bought both. She and her sister have shared a family pass in the past. Ammon’s pool doesn’t have slides or anything. Councilmember Slack said the family pass is to serve the larger families, so a family pass it will take care of two passes. He feels this will be more beneficial to the larger families. The YMCA is $225 and Blackfoot is $190. Councilmember Kirkham said those are indoor pools. Councilmember Bean said we need to take the testimony. Christie Slater, 2195 Cabellaro Drive, Ammon ID said the swimming pool rates concern her. She feels the swimming pass is too expensive, since it is only a 3 month season. Idaho Falls is $225, but it includes a weight room, basketball gym, and skating. Councilmember Slack inquired if she was only concerned with the family pass rates. Christy said some of the others are a little high. Karen Sheffield, 1116 Oakmeadow Circle said Idaho Falls individual price is the same, but they give ½ an hour more swimming time. She is concerned with the swimming session time changes. She feels that $3 is high for 1 ½ hours. She suggested offering an unlimited and a 50 pass. She likes the water aerobics and lap swimming, but she feels the prices are high. Councilmember Bean asked what the times were in the past. Karen said 1:00 to 2:30 p.m., 2:45 to 4:15 p.m., 4:30 to 6:00 p.m., 7:00 to 8:30 p.m. and 8:30 to 10:00 p.m. and the proposed are 2:00 to 3:30 p.m., 3:30 to 5:00 p.m., 7:00 to 8:30 p.m. and 8:30 to 10:00 p.m. Ron said with general government we added a $5 badge fee for the itinerant license badges. Idaho Fire Service Organization Book is the rate book that the City can charge for fires in the County and the County can charge these rates for services provided to the City. Councilmember Kirkham asked if this was a reciprocal fee. Ron said yes. Mayor Fuhriman closed the public hearing. ACTION ITEMS: of 7 Council Minutes 4-7-11 Page 3 1. Introduction of Rocky Mountain Power Franchise Agreement Ordinance*: Ron said when a franchise fee is created, the Council has to have an introduction to the ordinance, two weeks later it is published and then there is a waiting period of 30 days before it can be presented to the Council for a vote. The only language that he has changed is to deal with IT. If the City provided service for other providers, then the City will have to pay for utility pole space used by the service. The City wanted to make it clear that this was the Cities intent. Rocky Mountain Power felt that it would be unfair to other providers, if they didn’t charge the City. Ron clarified the language that if we provide service to another agency, we have to notify Rocky Mountain Power 6 months in advance and they will give us an estimate as to the costs. Ron said if we have four users in a fiber line, then the fee would be split between them. Councilmember Kirkham motioned that we accept the introduction of the Rocky Mountain Power Franchise Agreement Ordinance, and instruct the staff to publish and put it on the agenda for the Council after the 30 days expiration. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember Slack – Yes. The motion passed. 2. Proposed Title 6, Chapter 3, Child Care Regulation Changes*: Ron said there was a situation that occurred when we did a background check and there was confusion within the existing ordinance. The State Statute has entirely changed and we need to change our ordinance to the language the State uses now. Scott said we don’t take away licenses from doctors or lawyers just because they received a DUI. If a child had been in the car, it would have been child endangerment and a DUI would not apply to a worker. Ron showed the Council what the City requires, in addition to the items that the State requires. Councilmember Kirkham motioned to adopt the Proposed Title 6, Chapter 3, Child Care Regulation Changes of Ordinance 499. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember Slack – Yes. The motion passed. Councilmember Kirkham motioned to adopt the Proposed Summary of Ordinance 499 Title 6, Chapter 3, Child Care Regulation Changes. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, and Councilmember Bean – Yes. The motion passed. 3. Ordinance 499 & Summary - Title 6, Chapter 3, Child Care Regulation Changes*: Councilmember Slack read Ordinance 499 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLE 6, HEALTH AND PUBLIC SAFETY, CHAPTER 3, CHILDCARE; SECTION 6-3-15, LICENSES, DENIAL, SUSPENSION OR REVOCATION; PROVIDING SEVERABILITY; PROVIDING REPEAL OF CONFLICTING Councilmember Slack motioned that the City Council dispense ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion passed. Councilmember Slack read Ordinance 499 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING PORTIONS OF THE CITY CODE TITLE 6, HEALTH AND PUBLIC SAFETY, CHAPTER 3, CHILDCARE; SECTION 6-3-15, LICENSES, DENIAL, SUSPENSION OR REVOCATION; PROVIDING SEVERABILITY; PROVIDING REPEAL OF CONFLICTING Councilmember Slack motioned the adoption of Ordinance #499 ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. and Summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion passed. 4. Resolution 2011-002 Building, Electrical, and Mechanical Permit Fee (no fee changes)*: Ron said the City added the language concerning the penalty for not obtaining an electrical permit and addressing returned checks. Councilmember Kirkham motioned to adopt Resolution 2011-002 Building, Electrical and Mechanical Permit Fee. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, and Councilmember Bean – Yes. The motion passed. 5. Resolution 2011-003 Park and Council Chamber Use Fees (Hearing Item)*: Councilmember Bean asked why the fees are being raised. Councilmember Powell said Councilmember Slack, himself and Ken have had several discussions concerning there is not enough money to maintain the building, let alone expand the of 7 Council Minutes 4-7-11 Page 4 building. The pumps are going out, the surface needs refinishing, the building needs to be replaced, and maintenance costs more every year. They would rather have it be a user supported expense, rather than out of the general funds. Councilmember Slack said this also includes the sales tax within, instead of in addition to the fee. Councilmember Kirkham said she understands why we need to raise the fees, but our pool isn’t there. When you get the expense to be more than other activities, then the constituents will choose other activities and the unlimited pass price of $175 concerns her. Councilmember Powell said when you have an aging building do you want to use tax dollars or user fees. Councilmember Bean said this won’t do it. Councilmember Slack said hopefully it will cover resurfacing the pool. Councilmember Bean said pools always are a losing proposition and maybe we need to start taking funds from the parks and move it to the pools. He isn’t concerned with the individual rates. Councilmember Kirkham said it’s the pass. Councilmember Bean said he likes the idea of the 50 punch pass and an unlimited pass. Councilmember Slack said 50 punch passes are too much and maybe a 25 punch pass would be good. They are considering keeping the pool open on the weekends, after school opens. The other pools stated that the Hispanics will come, if an unlimited family pass is provided. Ron said Reinhart Pool charges $150. Councilmember Bean asked why we don’t offer a 25 punch pass for $45. Councilmember Powell asked the Council, if Ken could look and see what the cost is to add to the pool. Councilmember Slack said they are looking at adding to the shallow pool. Council agreed. Councilmember Slack said they are looking at funds for the senior citizen park and doesn’t feel the City can do both improvements. Leslie advised that Ken has already applied for the grant on the senior citizen park, which if received might determine the direction the City will go. Councilmember Bean said he proposes a 25 punch pass for $45 and families pass for $125. Councilmember Kirkham wondered why anyone would buy the child ages 4 to 11 pass and wondered why the City is offering these. Council discussed eliminating this rate and adding the 25 punch pass. Councilmember Slack said he would like the 25 punch pass to be $50 including tax. Councilmember Bean said that the resident and non-resident fee for lessons is the same this year. Councilmember Kirkham said she feels the lessons are not unreasonable. Council is ok with the lesson fees. Councilmember Slack said he would like the noodles to be 50 cents, not 55 cents. Councilmember Bean is concerned with the prices for the ball fields. Councilmember Slack said the City lost $3000. Councilmember Bean asked what the $15 every game covers. Councilmember Slack said you are paying people to rake, stripe and clean up the fields and the City has not taken any raise for 3 years and we have had 5% annual increases in expenses. Councilmember Bean is concerned we will price families out of it. Discussion ensued as to how great the fields are now being taken care of and how much it costs to maintain the fields. Scott said in the past the City fields used to have potholes that were filled with sand and no markings. The parks are now the best in the State. Council decided to leave the rate at $12. Council wondered how the teams sign up for reserving times on the fields. Councilmember Slack said he will check on it. Councilmember Slack motioned to accept Resolution 2011-003 with the following adjustments to the fee schedule: baseball remain at $12 rather than $15, family passes unlimited to $125 and add 25 punch pass for $45, eliminate individual child 4-11, noodles ring and balls at 50 cents rather than 55 cents including tax on all. Councilmember Bean seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, and Councilmember Kirkham – Yes. The motion passed. 6. Resolution 2011-004 Certificate of Occupancy Fines & Fees (no fee changes)*: Ron said the City had an instance of a realtor that moved in and occupied a house for business and used all City services without paying for them, including cooking, without a certificate of occupancy. Councilmember Bean motioned to accept Resolution 2011-004 Certificate of Occupancy Fines and Fees, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, and Councilmember Kirkham – Yes. The motion passed. 7. Resolution 2011-005 License Permit Fee (Hearing Item)*: Ron said the only change is the $5 charge for itinerant sellers cards. Councilmember Bean motioned to approve Resolution 2011-005 License Permit Fee, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, and Councilmember Slack – Yes. The motion passed. 8. Resolution 2011-006 Elevation Certificate, Copies, Faxes, Return Checks (no fee changes)*: Ron said this is where all the returned check instructions will be handled for the entire City. The City Treasurer will be handling all the returned checks. Councilmember Bean said he could support, in the future, an increase in this fee to of 7 Council Minutes 4-7-11 Page 5 $30 from the standpoint of the costs to process the insufficient checks. Councilmember Powell said the bank charges the City a returned check charge, also. Ron said he will put this down to be done next year. Council agreed. Councilmember Bean motioned to approve Resolution 2011-006 Elevation Certificate, Copies, Faxes, and Returned Checks, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, and Councilmember Slack – Yes. The motion passed. 9. Resolution 2011-007 Adopting Idaho Fire Service Org Rate Book (Hearing Item)*: Councilmember Bean motioned to adopt Resolution 2011-007 Adopting Idaho Fire Service Organization Rate Book. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Kirkham – Yes. The motion passed. 10. Fair Housing Proclamation (Leslie)*: Leslie explained that the City makes this proclamation every year to reinforce that housing in the City must be provided free of discrimination based on race, color, religion, sex, etc. and is the same as the one from April of last year. The City needs to also do this for supporting documentation for certain grants. Councilmember Kirkham motioned to approve the Fair Housing Proclamation for the month of April, 2011 to be Fair Housing Month. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Slack – Yes, and Councilmember Powell – Yes. The motion passed. DISCUSSION ITEMS: 1. Misc.: Lance said he has had a meter company present a new idea for reading meters with the possibility of turning on and off water services, via remote radio. Each month there are approx. 30 – 50 customers shut off for non-payment. The cost is approximately $21,000 for the pilot project for 50 meters. It will go on the Sensus meter and talk through a central computer. Leslie said there are several customers that have purchased the keys to turn their water on, without paying the City and the City has to go out and continually shut them back off. Council said to put it on the next work session. Lance told the Council about the awards presentation for the City’s water project that he went to in Washington D.C. with one of the recipients being the Grant Pass Bridge in Las Vegas. Ron said the animals and dogs committee is working on a possible plan they want to present it to Council on the next work session. Councilmember Coletti hasn’t seen the final, but he wants to bring it to the next work session. Council agreed. Ron said the long range transportation plan, through the BMPO, is about to be approved at the next meeting. This will include a proposal for two circular belt ways around the City, which goes through 2060. They are asking the City to get the right-of-ways and size for the beltway and keep it consistent. Lance said the right-of- ways are substantial and it will require significant amounts of land above what the City now requires. Councilmember Thompson went to the library board meeting. They would like to change the flat fee to a mill levy, with the flat fee amount being the highest of the mill levy for households. The fee would include apartments and commercial. They are asking Bonneville County Library District for a portion of the funds, that Ammon has been paying, back to Ammon to start its library. The board position that represented Ammon was up and Susan Ricks will be taking the position, since it was not opposed. Next Wednesday is the Planning & Zoning dinner at Billman’s at 7 p.m. Mayor Steve and Councilmembers Kirkham, Powell, Bean, Coletti, and Slack will be there. Councilmember Bean reported on last month’s EIRWWA meeting. They are going to rebid project C. He has been told that there are a significant amount of connections given away to get obtain the easement contracts. Councilmember Bean said the amount the City is paying Forsgrens for labor is exorbitant, so they will now go and hire a manager. Councilmember Bean said Carl calls Forsgren for everything, even if he needs the driveway plowed. At the meeting, prior to this, they apparently approved the ERU’s. Mayor Fuhriman stated he discussed, with Kirk Peterson, the dump bins in back of their property and a way to lower the costs for the of 7 Council Minutes 4-7-11 Page 6 restaurants. Councilmember Bean stated he wants to reverse the charges for March when the new ERU’s are applied. Leslie stated the City can do this, since it was approved in March by the EIRWWA. th Councilmember Kirkham said Ken Taylor asked if she and Brian could meet May 4 from 10 a.m. – 4 p.m. for the area of impact. It was discussed that they will have three Councilmembers and they will publish the meeting for themselves. Councilmember Kirkham said that there will only be two Councilmembers from Ammon and they will bring Lance and Ron. Councilmember Hally and Councilmember Lehto will be contacting th Councilmember Slack and Councilmember Bean after the 17 for a meeting. stth Councilmember Powell said the duct is in and fibre is being run down 21 from 60 to Well 11, but it’s not tied in yet. Bruce has been able to get significant discounts for switches and hardware. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) Councilmember Slack motioned to adjourn. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. The meeting adjourned at 8:53 p.m. _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk of 7 Council Minutes 4-7-11 Page 7