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10.04.2018CouncilAgenda-Packet 2135 SOUTH AMMON ROAD CITY COUNCIL-AGENDA THURSDAY, OCTOBER 4, 20187:00 P.M. CALL TO ORDER: Mayor Sean Colettiat 7:00 p.m. Pledge of Allegiance CouncilmemberTibbitts Prayer CouncilmemberPowell MINUTES:September 13, 2018, September 20, 2018 ITEMS FROM MAYOR:White Cane Proclamation CONSENT AGENDA:Accounts Payable Exhibit A AMMON LIGHTING DISTRICTSBOARD (City Council acting as Lighting DistrictsBoard): CONSENT AGENDA:Accounts Payable Exhibit A PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:(5 Minute Limitation): PUBLIC HEARINGS:None ACTION ITEMS: 1.Resolution 2018-012R-Charitable Contributions Policy 2.Memorandum of Understanding (MOU) Bonneville County & City of Ammon Public Safety 3.Hitt Road Sewer Line Improvement and Reimbursement Agreement with Hitt Road Property, LLC DISCUSSION ITEMS: 1.Misc. EXECUTIVE SESSION: 1.Pending Litigation -Idaho Code 74-206 (1) (f) 2.Preliminary Negotiations Idaho Code 74-206 (1) (e) INDIVIDUALS NEEDING ACCOMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE 1 of 19 2135 SOUTH AMMON ROAD CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 13, 2018 Proposed Amended Agenda AGENDA:AGENDA WORK SESSION THURSDAY, SEPTEMBER 13, 20184:30P.M. It is the intent of the City Council to consider adoption of this proposed amended agenda at the beginning of the meeting forthe purpose of retaining legal counsel to defend the City of Ammon on a Fair Housing Discrimination complaint filed against the City which requires a response to said complaint prior to the subsequent City Council Meeting. EXECUTIVE SESSION: 1.Pending Litigation -Idaho Code 74-206 (1) (f) 2.Preliminary Negotiations Idaho Code 74-206 (1) (e) ACTION ITEMS: 1.Retaining Legal Counsel to Defend the City of Ammon in a Fair Housing Complaint DISCUSSION ITEMS: 1.Future Annexation of Roadways 2.Development Agreements Requiring Fiber Installation in new Subdivisions 3.Charitable ContributionsPolicy 4.Plan for Unmetered Properties 5.Misc. MINUTES City Officials Present:Council President Brian Powell Councilmember Rex Thompson Councilmember Russell Slack Councilmember Byron Wiscombe(Arrived at 4:40 p.m. and entered Executive Session) Councilmember Craig Tibbitts Councilmember Scott Wessel City Attorney Scott Hall City Administrator Micah Austin City Engineer Tracy Bono City Clerk Rachael Sanders City Planner Cindy Donovan Public Works Director Ray Ellis I.T. Director Bruce Patterson Building Official Charlie Allen City Treasurer Jennifer Belfield City Officials Absent:Mayor Sean Coletti Council President Brian Powell opened the meeting at 4:30 p.m. at the Ammon City Hall building located at 2135 South Ammon Road. It is the intent of the City Council to consider adoption of this proposed amended agenda at the beginning of the meeting for the purpose of retaining legal counsel to defend the City of Ammon on a Fair Housing Discrimination complaint filed against the City which requires a response to said complaint prior to the subsequent City Council Meeting. CouncilmemberThompsonmoved to amend the agenda and stated that it is the intent of the City Council to consider adoption of this proposed amended agenda at the beginning ofthe meeting for the purpose of retaining legal counsel to defend the City of Ammon on a Fair Housing Discrimination complaint filed against the City which requires a response to said complaint prior to the subsequent City Council Meetingon the basis of an emergency. CouncilmemberSlackseconded. Roll Call Vote: Councilmember Thompson Yes, Councilmember Slack Yes, Councilmember Wessel Yes, Councilmember Tibbitts Yes, and Councilmember Powell Yes. The motion passed. EXECUTIVE SESSION: 1.Pending Litigation -Idaho Code 74-206 (1) (f): 2.Preliminary Negotiations Idaho Code 74-206 (1) (e): City Council Minutes 09.13.2018Page 1of 2 2 of 19 CouncilmemberWesselmoved to enter into Executive Session pursuant to Idaho Code 74-206 (1) (f) for Pending Litigation, and Idaho Code 74-206 (1) (e) for preliminary negotiations. CouncilmemberSlackseconded. Roll Call Vote: Councilmember Wessel Yes, Councilmember Slack Yes, Councilmember Thompson Yes, Councilmember Tibbitts Yes, and Councilmember Powell Yes. The motion passed. The City Council reconvened from Executive Session into regular session of the Council at5:12p.m. ACTION ITEMS: 1.Retaining Legal Counsel to Defend the City of Ammon in a Fair Housing Complaint: CouncilmemberSlackmoved to retainMSBT Law Firm as legal counsel to defend the City of Ammon in a Fair Housing Complaint, and authorize Council President Brian Powell to sign the agreement.Councilmember Thompsonseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Thompson Yes, Councilmember Wessel Yes, Councilmember Wiscombe Yes, Councilmember Tibbitts Yes, and Councilmember Powell Yes. The motion passed. DISCUSSION ITEMS: 1.Future Annexation of Roadways:Councilmember Powellexplained to the Council that it is very difficult for the and GIS Department at Bonneville Countyto keep track of annexations involving onlyhalf of a roadway. It would be his recommendation with future annexations to annex the entireroador not at all. Discussion ensuedregarding current half roadways that the City has annexed. 2.Development Agreements Requiring Fiber Installation in new Subdivisions:Austin handed out a template for the new development agreements going forward, Scott Hall has reviewed it, and all the necessary staff have reviewed it. This is really regarding fiber optic conduit installation. This template is meant for larger developmentsthat have above ground amenitiesthat we have been challenged to permit and accept on the City side when they dont meet our standards.Austin wanted to discuss with the Council regarding how they feelabout requiring developersinstall Ammon fiber. Hall said he wanted to clarify his understanding which isthe authority given to the City by the judge, which is an opt in to have the fiber; as he understands this,the development agreement is about the developer installing the conduit butnot the fiber,so then it would allow individualsto make the decision as to whether or not toopt-in for the fiber. Patterson explainedthat the cost to the developeris to put the conduit boxes in, the Cityfurnishesthe design, and we do charge a connect fee because we do install thefiber in theconduit. The problemwe haveis that when one resident wants fiber wehave to have all of the fiber already installed in there. Discussion ensued regarding the process of from when a developer chooses to haveconduitinstalled,to when the homeowner chooses to opt-in and connect to the fiber. The Council agreedthat this is a good idea to put the requirement in the development agreement. 3.Charitable Contributions Policy:Austin handed out the existing charitablecontribution policy,and informed the Council that it had never been adopted. Austinrecommended approval with the addition of the requirement that the non-profitsapplying for contributions be located in Bonneville County. The Council agreed that th the contribution policy be brought back for approval at the next Council meeting on September 20. 4.Plan for Unmetered Properties:Austin reported to the Council about the plan for unmetered properties when the City begins chargingfor metered usage to residences. Austin stated that the challenge we are running into, especially with ourconservationmeetings, is that we keep hearing people questioning when the Mayor and Council will set up an equitable 2 rate system, and they want to know what their rate is going to be.Austin discussed the options for unmetered residences. Hall informed the Council that before they determine an unmetered rate, the engineers need to be able to substantiate the rate. 5.Misc.:Patterson distributed information to the Council regarding the August 2018 Fiber Optic Satisfaction Survey. Patterson also requested approval to purchase a bore machine, and ribbon fiber. The Council is ok with the purchase of the bore machine and the ribbon fiber. Austin reported that the City signed thecontract with Horrocks Engineersto design the traffic light at Sunnyside and Ammon Road. He would like for these types of contractswhere engineers are applying on behalf of the Cityto receiveahuge grant, he would like the Council to consider putting in there a bonusfor the engineering firm. The bonus would be that if they are successful in obtaining the grant, we would give them some percentage bonuson top of their design feesand would not be tied to construction cost. He would like to suggest for future contracts like this that we give them a bonus as an extra incentive to obtain the grant. The Council is open to offering a grant incentive. The meeting adjourned at6:48p.m. __________________________________ Sean Coletti, Mayor ____________________________ Rachael Sanders, City Clerk City Council Minutes 09.13.2018Page 2of 2 3 of 19 2135 SOUTH AMMON ROAD AMMON CITY COUNTIL MINUTES THURSDAY, SEPTEMBER 20, 2018 AGENDA: AGENDA CITY COUNCIL-AGENDA THURSDAY, SEPTEMBER 20, 20187:00 P.M. CALL TO ORDER: Mayor Sean Colettiat 7:00 p.m. Pledge of Allegiance CouncilmemberThompson Prayer CouncilmemberTibbitts MINUTES:September 5, 2018 ITEMS FROM MAYOR:Presentation of Award to Joseph Shaw & Joshua Hart thrd PROCLAMATION: Constitution Week September 1723, 2018 CONSENT AGENDA:Accounts Payable Exhibit A PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:(5 Minute Limitation): PUBLIC HEARINGS:None ACTION ITEMS: 1. 2.RFP Ammon Well and Tank #13 Design 3.Resolution 2018-011R Records Destruction 4.Charitable Contributions: a)Idaho Arts Council b)Museum of Idaho c)Senior Citizens Community Center, Inc. Meals on Wheels 5.Barry South Property Request Comprehensive Plan Map Amendment 6.Barry South PropertyRezone Request from HC-1 to HC-1, R1-A, R2-A DISCUSSION ITEMS: 1.Misc. EXECUTIVE SESSION: 1.Pending Litigation -Idaho Code 74-206 (1) (f) 2.Preliminary Negotiations Idaho Code 74-206 (1) (e) MINUTES City Officials Present:Mayor Sean Coletti Councilmember Rex Thompson Councilmember Russell Slack Councilmember Byron Wiscombe Councilmember Craig Tibbitts Councilmember Scott Wessel City Attorney Scott Hall City Administrator Micah Austin City Engineer Tracy Bono City Clerk Rachael Sanders City Planner Cindy Donovan Public Works Director Ray Ellis City Officials Absent:Council President Brian Powell City Treasurer Jennifer Belfield CALL TO ORDER:Mayor Sean Coletti opened the meeting at 7:00 p.m.at the Ammon City Hall building located at 2135 South Ammon Road. Councilmember Thompson led the Pledge of Allegiance. Councilmember Tibbitts offered a prayer. MINUTES:September 6, 2018:CouncilmemberTibbittsmoved to approve the minutes, as presented. CouncilmemberWesselseconded. Roll Call Vote: Councilmember Tibbitts Yes, Councilmember Wessel Yes, Councilmember Slack Abstain (absent), Councilmember Thompson Yes, and Councilmember Wiscombe Yes. The motion passed. ITEMS FROM MAYOR:Presentation of Award to Joseph Shaw & Joshua Hart:Mayor Coletti said he is very pleased to be able to recognize two of our outstanding employees of the City of Ammon, Joshua Hart and City Council Minutes 09.20.2018Page 1of 3 4 of 19 Joseph Shaw. What happened with these two individuals that are here today, was that they were at work on the fiber th installation on Eagle Point, they left work to come around the corner on 17Street and turned onto Crowley where they saw a vehicle in the canal. They stopped and got out to see if there was anyone in the vehicle, and there was. They were unable to communicate with the driver, so they used a hammer to break out the back window and pull the driver from the vehicle to safety. Mayor Coletti stated that he is struck by their humbleness, and this is indicative of good feeling for us, and to do t pictures these two gentlemen, and the kind of service we should all aspire to do. Mayor Coletti presented both Joseph Shaw and Josh Hart plaques that read: In recognition ofactions taken above the call of duty to save the life of another. thrd PROCLAMATION:Constitution Week September 1723, 2018:Mayor Coletti read: WHEREAS; September 17, 2018, marks the two hundred thirty-first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS; It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS; Public Law 915 guarantees the issuing of a proclamation each year by the President of the United thrd States of America designating September 17through 23as Constitution Week, NOW, THEREFORE I, Sean Coletti, by virtue of the authority vested in me as Mayor of the City of Ammon, thrd Bonneville County, State of Idaho do hereby proclaim the week of September 17through 23as CONSTITUTION WEEK ANDask our citizens to reaffirm the ideals of the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. th IN WITNESS WHEREOF,I have hereunto set my hand and to this instrument on this 20day of September, 2018, at the City of Ammon, Idaho. CONSENT AGENDA:Accounts Payable Exhibit A:CouncilmemberWiscombemoved to approve the Accounts Payable Exhibit A, as presented. CouncilmemberTibbittsseconded. Roll Call Vote: Councilmember Wiscombe Yes, Councilmember Tibbitts Yes, Councilmember Thompson Yes,Councilmember Slack Yes, and Councilmember Wessel Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):Hollie Popa st and Heidi Tomaskoof Snake River Montessori2970 E. 1Street addressed the Council and asked if there is a plan st for the extreme traffic on 1Street. There have been a lot of accidents, confusion withthe speed zone, and now with a new apartment complex there is a lot more traffic. The City will see a people walking a lot more,and they want to st know if there is a plan for the additional traffic going down 1Street.Mayor Coletti stated that the speed limit signs will be checked for accuracy, and informed them about the scheduled road striping that would include a center turn lane. Becky Foster,2908 Stafford Drive asked questions ofthe Council about the water metering and the allotment of water. Ryan Bybee, 4860 Lady Hawk Lane asked questions regarding metering some and not all residents, and also asked about the Citys water rights. Dave Davenport, 4573 Majestic View Drive expressed concerns regarding residents not watering and having brown lawns. Mr. Bybee also asked about the 30 percent reduction in usage after metering. Councilmember Wiscombe respondedthat the 30 percent reduction is built into the engineering study, and the study is available on the City website for anyone to view. Councilmember Thompson stated that much of the cost is delivering the water to the citizens; the City paid $54,000 for electricity to pump the water last month. Dick Bybee, 3120 Ross asked about the cost ofpurchasing meters. James Tabor, 5067 Brennan Bend asked questions with regard to water metering, other entities that charge for metered water, and stated that he felt the Citys rates were 40 percent higher than those other entities.He also felt like in the past there has been too much development, and would like the Council to do a better job moving forward. Mrs. James Hansen, 2107 Ross stated that she feels the Council makes decisions for the citizenswithout obtaining their input or vote. Mayor Coletti stated that there is no voting on feeincreases. Mayor Coletti responded to the citizens present and informed them that there have been several meetings regarding the questions presented to the Council this evening, and has not seen many of the people present at those education meetings at the meeting tonight.The Council has decided to meter, but the test period isto help them in determining the rates. Mayor Coletti stated that the City is severely underfundingwhat we need to accomplish in the City. We also have lots that use a lot of water, and lots that use very little water, and we had to decide how tomake up that difference in the metered water rate. Councilmember Slack statedthat there have been meetings all year longtalking about conservation, and informationhas been being compiled over the last 8 years. Councilmember Slack explainedthat the reality is that someone with an acre of heavilydeep water dependentplants orlandscaping isusing a lot of water, and how do we help those peoplein the time that we are giving as an educational period, say lookthe City spends x amount of City Council Minutes 09.20.2018Page 2of 3 5 of 19 dollars a year for water and the rate is a simple mathematical formula;we pump this much water, and this is what it cost, what is the rate. The City is not making money, it is the fact of a rate based on usageat this point,sowe have tried to give everyone in the City ample time tosee what their rate is and tosee how it impacts them,offer educationalopportunities, because weunderstand that it impacts you. All citizens present were directed by the Mayor and Council to view the engineering study available on the City website, and to also attend the water conservationmeetings held on the second Wednesday of the month at City Hall at 7:00 p.m. PUBLIC HEARINGS:None ACTION ITEMS: 1.:CouncilmemberSlackmoved to approve the Bonneville 1,443,224.00, and authorized the Mayor to sign. CouncilmemberWiscombeseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Wiscombe Yes, Councilmember Tibbitts Yes, Councilmember Thompson Yes, and Councilmember Wessel Yes. The motion passed. 2.RFP Ammon Well and Tank # 13 Design: CouncilmemberSlackmoved to award the RFP for the Ammon Well and Tank #13 Design toKeller and Associates, Inc., as presented. CouncilmemberWessel seconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Wessel Yes, Councilmember Thompson Yes, Councilmember Wiscombe Yes, and Councilmember Tibbitts Yes. The motion passed. 3.Resolution 2018-011R Records Destruction:CouncilmemberSlackmoved to approve Resolution 2018-011R for Records Destruction, as presented. CouncilmemberTibbittsseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Tibbitts Yes, Councilmember Wiscombe Yes, Councilmember Thompson Yes, and Councilmember Wessel Yes. The motion passed. 4.Charitable Contributions: d)Idaho Arts Council e)Museum of Idaho f)Senior Citizens Community Center, Inc. Meals on Wheels:CouncilmemberSlack moved to approve the following amounts for Charitable Contributions; Idaho Arts Council $4,000., Museum of Idaho $8,000., and Meals on Wheels $1,500.CouncilmemberWesselseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Wessel Yes, Councilmember Thompson Yes, Councilmember Wiscombe Yes, and Councilmember Tibbitts Yes. The motion passed. 5.Barry South Property Request Comprehensive Plan Map Amendment:CouncilmemberSlack moved declinethe Barry South Property Requested Comprehensive Plan Map Amendment. CouncilmemberWessel seconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Wessel Yes, Councilmember Thompson Yes, Councilmember Wiscombe No (because he agrees with the Planning and Zoning Commissiondecision), and Councilmember Tibbitts Yes. The motion passed. 6.Barry South Property Rezone Request from HC-1 to HC-1, R1-A, R2-A: Councilmember Slackmoved to deny the Rezone Request for the Barry South Property from HC-1 to HC-1, R1-A, and R2-A. CouncilmemberWesselseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Wessel Yes, Councilmember Thompson Yes, Councilmember Wiscombe No (for the same reasons stated above), and Councilmember Tibbitts Yes. The motion passed. DISCUSSION ITEMS: 1.Misc.:Tracy reported on some delays with the Hawk Signal with regard to obtaining anchor bolts. Mayor Colettireminded the Council of the meeting with the Bonneville County Commissioners on December 10, 2018 at noon in the Council Chambers. EXECUTIVE SESSION: 1.Pending Litigation -Idaho Code 74-206 (1) (f) 2.Preliminary Negotiations Idaho Code 74-206 (1) (e): CouncilmemberSlackmoved to enter into Executive Session pursuant to Idaho Code 74-206 (1) (f), and (1) (e). CouncilmemberWesselseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Wessel Yes, Councilmember Thompson Yes, Councilmember Wiscombe Yes, and Councilmember Tibbitts Yes. The motion passed. The meeting adjourned at 9:20p.m. __________________________________ Sean Coletti, Mayor ____________________________ Rachael Sanders, City Clerk City Council Minutes 09.20.2018Page 3of 3 6 of 19 Ammon City Council October 4, 2018 Mayor Coletti and City Councilmembers: Discussion and Approval of Resolution 2018-012R City of Ammon Charitable Contributions Policy Staff Presenting: Micah Austin, City Administrator Recommendation - Staff recommends approval of Resolution 2018-0012R, the Charitable Contributions Policy Summary of Analysis 1. The Mayor and Council discussed adopting a charitable contributions policy in 2017 2. The Mayor and Council generally agreed to the policy as drafted in 2017, however no official vote was taken on the policy, according to the record. 3. Resolution 2018-012R officially establishes the Charitable Contribution Policy for the City of Ammon. 4. Minor changes were made to the 2017 policy, based on discussions at the September 6 and September 20, 2018 City Council meetings. Financial Impact 1. The Fiscal Year 2019 budget allocates $20,000 to community organizations. This policy will be used to evaluate whether an organization requesting funds is eligible for receiving city of Ammon contributions. Motion approve Resolution 2018-012R, establishing the City of Ammon Charitable Contributions Policy. Attachments: 1. Resolution 2018-012R, the City of Ammon Charitable Contributions Policy 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.ci.ammon.id.us Page | 1 7 of 19 8 of 19 9 of 19 Ammon City Council October 4, 2018 Mayor Coletti and City Councilmembers: Discussion and Approval of MOU between Bonneville County and City of Ammon Staff Presenting: Bruce Patterson, Technology Director Recommendation - Staff recommends approving the MOU with Bonneville County. Summary of Analysis 1. There is already a joint MOU outlining the sharing of infrastructure, systems and data in support of public safety between Bonneville County, School District 93, College of Eastern Idaho and Ammon. 2. This MOU is specifically between the County and Ammon. 3. Bonneville County is pursuing regional grants to improve dispatching services statewide and asked for a specific MOU from Ammon to show that we are partnered in support of a public safety. 4. The end goal is to create a statewide public safety cloud. As the founding County, Bonneville Financial Impact 1. No measurable financial impact is expected. Motion approve the Memorandum of Understanding between Bonneville County and the City of Ammon in support of sharing infrastructure and systems for the public good, and authorize the Mayor to sign. Attachments: 1. BC_Ammon_MOU_2018. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.ci.ammon.id.us Page | 1 10 of 19 11 of 19 12 of 19 13 of 19 Ammon City Council October 4, 2018 Mayor Coletti and City Councilmembers: Discussion and Approval of the Hitt Road Sewer Line Improvement and Reimbursement Agreement Staff Presenting: Micah Austin, City Administrator Recommendation - Staff recommends approving Hitt Road Sewer Line Improvement and Reimbursement Agreement between the City of Ammon and Hitt Road Property LLC Summary of Analysis st 1.The properties along Hitt Rd between 1 Street and John Adams currently do not connect to the City of Ammon sewer system. The convenience store, Good 2 Go, is currently utilizing a septic system for its wastewater. 2.The Agreement enables the owner of the newly remodeled Good 2 Go convenience store, Hitt Road Property LLC, to construct a sewer line from their location to connect into the City of Idaho Falls sewer system with the understanding that they will be reimbursed for portions of these costs as users along the sewer line become connected. 3.The Agreement establishes a method for assessing the reimbursement costs of the new sewer back to the property owners along the sewer line as they become connected over time. 4.Sections 9 and 10 of the agreement identify the methodology for assessing property owners and how the original developer of the system, Hitt Road Property LLC, will be reimbursed over time. 5.City Attorney, Scott Hall, and City Engineer, Tracy Bono has reviewed the agreement and their changes are reflected in the final version attached to this staff report. Financial Impact - There are no costs to the City in constructing this sewer line. The city is obligated to enforce the agreement when other users connect to the sewer line. Motion the Hitt Road Sewer Line Improvement and Reimbursement Agreement as presented. Attachments: 1. Hitt Road Sewer Line Improvement and Reimbursement Agreement 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.ci.ammon.id.us Page | 1 14 of 19 15 of 19 16 of 19 17 of 19 18 of 19 19 of 19