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10062011CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, OCTOBER 6, 2011 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, OCTOBER 6, 2011 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Coletti Prayer – Councilmember Thompson MINUTES: June 7, June 9, June 16, August 4, August 11, 2011 ITEMS FROM MAYOR: Long Term Care Residents Rights Month CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: ACTION ITEMS: th 1. Conditional Use Permit – Communication Tower – 17 & Crowley – Eagle Pointe, Division 7, Block 7, Lot 17 2. Request for Indoor Shooting Range pursuant to City Code 5-11-4 – Exceptions/Permits 3. Forsgren – Amendment to Engineering Agreement (Lance) AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board): CONSENT AGENDA: Accounts Payable – Exhibit A DISCUSSION ITEMS: 1. District 93 request for 4-way stop at John Adams & Tie Breaker (Ron/Guy) 2. Sewer Rates (Dana) 3. Emergency Plan Update participation (Ron) th 4. Median Curb on 17 Street east of the Hitt Road intersection (Lance) 5. Wastewater Facility Planning Study Proposals (Lance) 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 Lee Bean Councilmember Rex Thompson Councilmember Sean Coletti City Attorney Scott Hall City Clerk/Administrator/Planning Director Ron Folsom Deputy City Clerk Rachael Brown City Engineer Lance Bates City Treasurer Jennifer Belfield Public Works Director Ray Ellis Fire Chief Stacy Hyde City Officials Absent: Councilmember Dana Kirkham (reached by phone at 7:13 p.m. and ended the call at 7:43 p.m.) 15 City Council Minutes 10-06-11 Page of Councilmember Brian Powell Councilmember Russell Slack City Attorney Scott Hall CALL TO ORDER: Mayor Steven Fuhriman opened the meeting at 7:00 p.m. at the City Hall Building located at 2135 South Ammon Road. Councilmember Coletti led the Pledge of Allegiance. Councilmember Thompson led the prayer. MINUTES: June 7, 2011: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Coletti – Yes. The motion passed. June 9, 2011: Councilmember Bean moved to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed. June 16, 2011: Councilmember Thompson moved to approve the minutes, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Coletti – Yes. The motion passed. August 4, 2011: Councilmember Coletti moved to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. August 11, 2011: Councilmember Bean moved to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FROM MAYOR: Mayor Fuhriman addressed the Council and informed them that October is National Long Term Care Residents Rights Month. Mayor Fuhriman read the Long Term Care Residents Rights Month Proclamation. The Council authorized Mayor Fuhriman to sign the proclamation. The Mayor and Fire Chief Stacy Hyde have been working together outlining everything the Fire Department is doing as far as activities in the community. Helen Stanton of Eastern Idaho Community Action Partnership addressed the Council about the Long Term Care Plan. She said it is for people who live in family centers, assisted living centers, and skilled nursing facilities. She said the City of Ammon has four of these facilities. Helen said the Partnership covers nine Counties, 40 facilities and approximately 1,300 people, and they hope to visit each of them monthly. Helen said the Community Action Partnership is federally mandated to go into every facility and make sure the residents’ rights are being met. CONSENT AGENDA: Business License: Councilmember Bean asked about the itinerant merchant license for Cable One. Ron said Cable One does some door to door sales and they are required to obtain an Itinerant Merchant License. Councilmember Coletti moved to approve the Business Licenses, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Bean moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) Stacy Hyde said earlier in the day he issued an advisory for the citizens of Ammon. Stacy said there are a lot of tree limbs coming down with the wet heavy snow, and a lot of power lines in jeopardy of coming down. Stacy issued a news release and is asking everyone to be aware of their surroundings and to look up and be aware of what is around them. PUBLIC HEARINGS: None 25 City Council Minutes 10-06-11 Page of ACTION ITEMS: th 1. Conditional Use Permit – Communication Tower – 17 & Crowley – Eagle Pointe, Division 7, Block 7, Lot 17: th Ron explained that the existing building is located at 17 Street and Crowley Road, and that it is 50 feet from the back of the building. Ron said Planning and Zoning approved this item at their public hearing the previous night, and informed the Council of the findings. Councilmember Bean asked if the property was leased. Ron said yes, the property is being leasing from Lee Gagner. Ron quoted a section of the ordinance, and explained a discrepancy in the request for this Conditional Use Permit (CUP). Councilmember Bean th moved to approve the Conditional Use Permit – Communication Tower – 17 & Crowley – Eagle Pointe, Division 7, Block 7, Lot 17, subject to it meeting City ordinances and Code. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 2. Request for Indoor Shooting Range pursuant to City Code 5-11-4 – Exceptions/Permits: Ron explained the City Code states you cannot shoot a firearm in the City, but in 5-11-4 it says the exception to that is, the City Council may upon application grant permits to Shooting Galleries, Gun Clubs, and others for shooting within the City limits in fixed localities and under fixed rules. Such permits shall be in writing attested by the City Clerk, conforming to such requirements as the City Council shall demand and the permit thus issued shall be subject to revocation at any time by the City Council. Ron explained that Shawn Clements is considering th building an indoor shooting range on 14 North. Councilmember Kirkham inquired if the shooting range would be in the basement. Ron said the state has guidelines if it is on a main level and requires certain thickness of walls so it can’t be penetrated, and the City hasn’t seen anything from them yet, because this is just the first step. Shawn Clements 2885 Teagan Drive in Idaho Falls said, the shooting area will be 100 feet wide, 12 shooting lanes at 25 yards long. Shawn explained the specifications of the metal building. Councilmember Coletti asked if the business was primarily for shooting. Shawn said there would also be some retail, and hunter education. Councilmember Thompson asked if there would be skeet shooting. Shawn said there will be an area for skeet shooting indoors. Councilmember Coletti asked what the building would be located next to. Shawn said there are storage units to the west and there is a new building going in on the east, but he isn’t sure what it is going to be. Ron said the east building is the office space for the windmills. Councilmember Coletti asked if the building was soundproof. Shawn said part of the contract with Action Target is they provide sound dampening, but it won’t be completely soundproof. Councilmember Bean feels this is a great idea. Councilmember Bean moved to approve the Permit for an Indoor Shooting Range. Councilmember Thompson seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed. 3. Forsgren – Amendment to Engineering Agreement (Lance): Lance said the amendment formalizes what the Council has asked Forsgren to do. He said it is for the design inspection incorporated around the Woodland Hills Interceptor line and authorizing the mayor to sign.Councilmember Bean asked if the contract includes a cost. Lance said $80,000 which includes project management, planning, all of the design and inspection. Lance said he tried to make it so there wouldn’t be any hidden costs. Councilmember Bean moved to approve the Forsgren – Amendment to Engineering Agreement, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. AMMON LIGHTING DISTRICT #1 (City Council acting as Lighting District Board): Mayor Fuhriman moved the meeting into session of the Ammon Lighting District #1, with the Council acting as the Lighting District Board. CONSENT AGENDA: Accounts Payable – Exhibit A: Councilmember Coletti moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Mayor Fuhriman moved the meeting back into the regular session. DISCUSSION ITEMS: 1. District 93 request for 4-way stop at John Adams & Tie Breaker (Ron/Guy): Ron said he thought District 93 had changed their mind about this request. Ron said the reason this issue is coming up again is, because a car traveling east from John Adams narrowly missed the cross walk guard and two kids on bikes.Ron said he spoke with Karl Noah about this issue and they felt this is the only incident they have had. Councilmember Kirkham said the City has had this request before and the City knows it 35 City Council Minutes 10-06-11 Page of doesn’t warrant a 4-way stop, but her feeling is if the City is at the point where that area over there really wants the 4-way stop, she is willing to give it to them. Councilmember Thompson said there is 10 times more traffic on Tie Breaker there is on John Adams, and people have put up with it for twenty years. Councilmember Bean said typically the City would have a traffic study done. Councilmember Kirkham said she agrees, but there are times when the City has made exceptions to the rules, and there really is an outrage over there and she feels Tie Breaker residents make requests and they are denied. Councilmember Thompson says it’s only an issue for 20 minutes twice a day. Councilmember Kirkham said the consensus is the City should leave it alone. 2. Sewer Rates (Dana): Councilmember Kirkham said this is to remind everyone this is the time they had planned to increase the sewer rate 4% and she would like it on the next agenda. Councilmember Bean said he wanted to reiterate his opposition and feels it is arbitrary. Councilmember Kirkham said she would argue the rate increase is far from arbitrary. Councilmember Kirkham said part of the mess the City is in is because we did not increase the rates at any regularity. Councilmember Bean he would like to see it supported by numbers. Councilmember Kirkham said the increase is merited. Councilmember Bean said he is not opposed to looking at the increase, but wants to make sure the City can support the increase and has the information when citizens ask questions. Councilmember Kirkham proposed changing the personnel manual to include the day after Thanksgiving off in compensation for the employees working at Ammon Days. Ron asked the Council if the change would begin this Thanksgiving. Council said yes. 3. Emergency Plan Update participation (Ron): Ron said he got a call from Tom Lenderer from Bonneville County. Ron said about five years ago the City participated in the County’s emergency plan. The County has obtained a $40,000 grant, and is asking the City to agree to participate. Ron said participating won’t cost the City anything, but we are being asked to participate. th 4. Median Curb on 17 Street east of the Hitt Road intersection (Lance): Lance said the new City Engineer for the City of Idaho Falls asked whether or not the City of Ammon wanted to be more involved in where the median curb is located east of Hitt Road. Lance said the plans show an extruded median curb which will prevent left hand turns out of the Albertsons shopping center. Councilmember Bean said the answer is yes, the City absolutely has to have input into that. Lance asked how the Council wants to approach the City of Idaho Falls. Councilmember Bean said to put it on the work session next week so there are more Council members present for discussion. 5. Wastewater Facility Planning Study Proposals (Lance): Lance informed the Council of six proposals received. Lance is going to create a matrix showing how he would rank the different proposals, and bring it to the next Council meeting. Lance said he received the proposed easement language for the Sunnyside bypass road. Lance said this is needed if the City decides to build a bypass road when Sunnyside Road is closed for the Eagle Midway interceptor tie in. Lance asked if the Council wants to review the proposal or if the Council would like him to review it and give comments back. Councilmember Coletti wants Lance to review the proposal and report back to the Council. Mayor Fuhriman asked if HK Contractors was still on schedule. Lance thth said they are still on schedule, and are nearly at 17 street. Ron said there is a meeting scheduled with HK Contractors on October 17 th to make a decision about when to perform the 17 Street and the Sunnyside Road work, because both lines have to be ready to be connected before the roads can be asphalted. Ron said he had a phone call regarding property purchased near where Eastgate Drug used to be. Ron said the gentleman is getting ready to build a house, but there are no sidewalks or curb and gutter there, and thinks it will look funny and could be a danger. Ron said he is asking if he can tell the gentleman the City won’t require the curb and gutter. Councilmember Bean said its common sense; it needs to match the rest of the neighborhood. th Councilmember Bean said he wanted to report on his meeting with Tom Hally and Mike Lehto regarding the 17 Street intersection. Councilmember Bean said the City of Ammon has committed to $600,000 and they are going to start obtaining the right- of-ways for the City of Ammon’s broadband fiber and a MOU. Councilmember Bean said Mike Lehto is taking the suggestions back to the City of Idaho Falls Council. Councilmember Bean would like all the Councilmembers to report any findings they had during conversations with the Councilmembers of Idaho Falls. Ron informed Council about the electronic locks and asked Council if they would like their own electronic keys for accessing the City office. The Council said they didn’t need them as long as the regular keys still work. Ron said they would. EXECUTIVE SESSION: 45 City Council Minutes 10-06-11 Page of 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 Bean moved to adjourn to executive session pursuant to Idaho Code 67-2345(1- c & f). Councilmember Thompson seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 8:00 p.m. ___________________________________________ Steve Fuhriman, Mayor _______________________________________________ Ron Folsom, City Clerk 55 City Council Minutes 10-06-11 Page of