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03152012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MARCH 15, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, MARCH 15, 2012 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Kirkham MINUTES: January 5, January 12, January 19, January 24, 2012 ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1. Proposed Comprehensive Plan Map and Written Plan th 2. Rezone C-1 to HC-1 – 2525 E 17 St - Scott Gray (Soapys) th 3. Conditional Use Permit – Used Car lot – 2525 E 17 St 4. US Ignite – MOU Approval DISCUSSION ITEMS: 1. Title 5, Chapter 3, Section 8-(E), Domestic Hens 2. Payroll Direct Deposit (Jennifer) 3. Commercial Development Requirements Policy 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 Steven Fuhriman Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack Councilmember Brad Christensen City Attorney Scott Hall City Administrator/Planning Director/Clerk Ron Folsom Deputy City Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates I.T. Director Bruce Patterson City Officials Absent: None 16 City Council Minutes 3-15-2012 Page of 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 Thompson led the Pledge of Allegiance. Councilmember Kirkham offered the prayer. MINUTES: January 5, 2012: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Abstained (Absent), and Councilmember Christensen – Yes. The motion passed. January 12, 2012: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Abstain (Absent). The motion passed. January 19, 2012: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson –Abstain (Absent), Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. January 24, 2012: Councilmember Slack moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Abstain (Absent), Councilmember Coletti – Yes, and Councilmember Kirkham – Abstain (Absent). The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday March 15, 2012 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1. RENEWAL BUSINESS LICENSE APPLICATION: A. Ammon Veterinary Hospital, PLLC. – Veterinary Hospital – 1290 S. Ammon Rd. B. Carriage House Obstetrics & Gynecology – Medical – 1570 Midway Ave. Ste. 1 C. Kohl’s Department Stores, Inc. – Retail Sales - 3175 S. 25th E. BARTENDER LICENSE: 1.RENEWAL BARTENDER LICENSE: A. Hobley, Erica D. – Bartender/Carino’s Italian Grill – 2833 S. 25th E. ITINERANT BUSINESS LICENSE APPLICATION: 1. NEW ITINERANT BUSINESS LICENSE: A. Farmers Insurance/ Harrigfeld Agency – Insurance – 1557 Northgate Mile MASSAGE LICENSES: 1.NEW MASSAGE LICENSES: A.Schaefer, Heide – Massage Therapy/Emotions Massage – 3539 Briar Creek Ln. Ste. D CHILDCARE/CHILDCARE WORKER LICENSES: 1.RENEWAL CHILDCARE LICENSES: A. Ojeda, Rosa L. – Childcare Employee/Snake River Montessori – 2970 E. 1st St. B. Stewart, Nichole M. – Childcare Employee/ Nana’s Daycare – 2660 E. 1st St. 26 City Council Minutes 3-15-2012 Page of HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.McGuffey, Brandon M. – Security – 3100 Midway Ave. 2.RENEWAL HOME OCCUPATION PERMITS: A.Right Step LLC. – Misc. Service – 4353 Mason St. CELL TOWER PERMITS: 1.RENEWAL CELL TOWER PERMITS: A.Verizon Wireless – Cell Tower – 4020 E. Sunnyside Rd. Business License: Councilmember Powell moved to approve the Business License Consent Agenda, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Kirkham asked about the $8,000 repair of the water truck. Lance said he didn’t know. Councilmember Kirkham asked Ron if he was able to get in touch with Joe Maughn & Rod Harris. Ron said no. Councilmember Kirkham said the Woodland Hills lift station is officially offline which means the Ross sewer lift station should no longer have the problems it has had in the past. Councilmember Kirkham asked Ron to send a letter to the residents on Ross regarding the list station. Councilmember Kirkham moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Jennifer said the employees wanted to thank the Council for the Employee Appreciation dinner, and said there has been a lot of positive feedback. Councilmember Kirkham said she appreciated Rachael, Ron, & Jennifer for all the hard work preparing for the dinner. Councilmember Christensen suggested having it somewhere in Ammon. Ron said there isn’t a venue in Ammon large enough to hold all the employees and their guests. Jennifer said the City of Ammon hosted the III-A meeting and it went very well. Jennifer said Meritain stayed and answered any questions for the employees, and said it has been a good transition. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): Brigham Red, 4925 Lady Hawk Lane, said he is one of the leaders of his youth group and one of the Presidents for the National Honor Society at Hillcrest High School. Hanna Bitsoi, 1641 Marsala Court, and Jeff Brigman of 4880 Lady Hawk Lane introduced themselves as also being youth group leaders. Brigham said as a youth group, quarterly they like to set some goals. Jeff said they set service projects to help teach their group some core principals. Brigham said this summer they chose to start a community garden where all of the work and supplies would be donated, and the produce grown would be given back to the food storehouses and distributed to people in need. Brigham said he is asking the City to donate the water that will be used to water the garden. Brigham explained his group has spoken to the owners of the property, and they have given permission to locate the garden on their property. Councilmember Kirkham asked if they are asking the City to also install the water line. Brigham said yes. Ron said he believes the line is already stubbed in. Discussion ensued regarding what is needed to install the water line and the cost. Councilmember Powell asked who would be weeding the garden. Brigham said the honor roll members. Discussion ensued regarding the care and maintenance of the garden spot. Councilmember Powell said he is ok with this and he is happy to see them participating, but his only concern is the responsible use of the water. Ron said he would have Greg McBride work up what the cost will be. Councilmember Slack said he would like to see the youth group get the piping donated. Councilmember Kirkham said to see what Greg comes up with as far as a cost. Councilmember Kirkham said if it is over $500.00 the City would ask them to get some of the items donated. PUBLIC HEARINGS: None 36 City Council Minutes 3-15-2012 Page of ACTION ITEMS: 1. Proposed Comprehensive Plan Map and Written Plan: Ron said Planning and Zoning held a public hearing on March 7th, but had no public input. Ron said what he is presenting tonight is information the Council has previously had about the comprehensive plan. Ron explained to the members of the audience what was within the comprehensive plan. Ron displayed the comprehensive plan map to the members of the audience and explained the changes. Ron explained the areas where residents have requested changes. Councilmember Slack moved to approve the Proposed Comprehensive Plan Map and Written Plan, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Kirkham – Yes. The motion passed. 2. Rezone C-1 to HC-1 – 2525 E 17th St - Scott Gray (Soapys): Ron explained the property location and said the request would include the entire lot where Soapys Car Wash and Soapys Auto Detail Center are located. Councilmember Thompson asked what the current zoning was. Ron said the property is zoned C-1. Ron explained what other types of businesses are allowed in a C-1 zone.Ron covered the items included in the HC-1 zone that are allowed in addition to those allowed in the C-1 zone. Scott Hall said the last HC-1 request was from Billman’s. Councilmember Thompson asked what the size of the lot was. Ron said 150 feet by 250 feet. Councilmember Thompson said his concern is that they will never be able to get an entrance on Hitt Road and it is difficult to access as it is now. Ron said there have been two different plans regarding the future of the entrances. Councilmember Kirkham asked what Councilmember Thompson is concerned about in the rezone that could go there. Councilmember Thompson said it would be a great spot for a super gas station, but there is not sufficient access for it. Councilmember Thompson asked what kind of traffic is there going to be for a used car lot. Councilmember Kirkham said the Council will be setting the terms and for example can say 10 parking spots. Ron said the only items where you don’t require additional controls in an HC-1 zone would be a super service station, or a restaurant which would be unlikely. Councilmember Slack moved to approve the Rezone C-1 to HC-1 – 2525 E 17th Street, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. th 3. Conditional Use Permit – Used Car lot – 2525 E 17 St: Ron said Planning and Zoning recommended for the rezone, and discussed the conditional use permit. Ron said one of the conditions recommended by Planning and Zoning was the minimum number of parking spaces required for the detail center must continue to be met, and only excess spaces could be used for used car sales. Ron said he was there last night and they have 14 parking spaces and only 10 are required. Councilmember Coletti asked if this was all still going to work with all the proposed changes on 17th Street and Hitt Road. Ron said yes. Ron said the intent is to purchase cars, fix them up and then resell them. Councilmember Slack said he likes that they have come to ask instead of just doing it. Discussion ensued about where the cars for sale would be parked. Ron explained the remaining recommended conditions from Planning and Zoning were all vehicles must be in running order prior to being placed on the lot, and the term of the conditional use permit shall be for the life of the existing primary use, specifically, for the life of the detail center. Tom Hunsaker, 2135 South Ammon Road, Planning and Zoning, said the one thing they did ask was to have up to five cars, and after the reduction from the current three entrances and all the other reconfigurations, they may get the one extra parking space needed to get to five. Councilmember Slack moved to approve the Conditional Use Permit – Used Car lot – 2525 E 17th Street, with the stated conditions. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. 4. US Ignite – MOU Approval: Bruce said this item was previously discussed at a work session and said if the Council had any questions, he would be happy to answer them. Bruce said there will be a National kickoff event and afterward they would like to schedule a press event here at the City Office. Bruce said he is asking the Council to grant approval for the Mayor to sign it. Councilmember Slack moved to approve for the Mayor to sign the US Ignite – MOU, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. DISCUSSION ITEMS: 1. Title 5, Chapter 3, Section 8-(E), Domestic Hens: Ron explained this item was discussed at the last work session. Ron said he spent some time speaking with Heather Buck, and he feels she is comfortable with the changes.Ron said he added a 46 City Council Minutes 3-15-2012 Page of section about how the hens are to be kept on the lot. Councilmember Coletti said he thinks that any yard that has chickens needs to be fully fenced. Councilmember Thompson asked for a show of hands in the audience who has ever cleaned a chicken coop, and said there is a smell that never goes away and twenty feet is not going to make the smell go away. Ron said he spoke with Jane Shaw in the City of Iona and she said they haven’t had any complaints as far as smell, and Iona has very similar laws. Councilmember Powell said he thought the chickens were going to be enclosed, especially along the park. Discussion ensued regarding the hen enclosures. Councilmember Powell said he knows kids enjoy the chickens, but he is concerned about whether the adults in the neighboring area are enjoying the chickens. Doug McNiff, 1960 Sunflower Circle said he wanted to point out there are property issues that involve noisy children and feels when it comes to chickens he feels the smell shouldn’t be affecting the City or affecting the State, and let people do what they want to do with their property. Doug wanted to point out that most of us are offended by our neighbors and what they do. Councilmember Coletti said he is ok with the proposed changes, but with additional language that meets the requirements of this ordinance. 2. Payroll Direct Deposit (Jennifer): Scott said the direct deposit contract provided by Key Bank had a provision that the contract would be controlled by Ohio law (and thus if any disputes arose, they would be handled entirely under Ohio courts),and told them they City shouldn’t sign it unless it says Idaho Law. Scott said Key Bank gave three options. Scott said the first option was to go pound sand; the second was to pay $1,000 and they would hire an Idaho attorney to look at it, the third option was to leave it as it was and go ahead with the direct deposit. Discussion ensued regarding the possible options. Scott is not in favor of the City being pushed around because you have a multi-state bank. Councilmember Kirkham said she would be interested in seeing who else the City can bank with. Councilmember Slack said he feels Scott is being over sensitive, and if you are going to bank with a national bank, you are going to be dealing with boiler plate forms they have created. Councilmember Slack said he is not sure what the legal ramifications are as far as problems with an employee’s check. Councilmember Coletti said you never know. Councilmember Powell said he feels the way to get around that is by using a local bank for payroll direct deposit, and Key Bank for everything else. Councilmember Slack said the Idaho base bank would be sued for a pass through account, but it doesn’t make sense to do operational banking within more than one place. Discussion ensued regarding other possibilities. Councilmember Coletti said there is a lot of exposure, and twice a month there is always a risk of something happening. Councilmember Slack said he has never seen an issue where the bank had an error on someone’s direct deposit that wasn’t an error at the source. Jennifer explained the direct deposit process and how she would manually enter the employees into the bank system so they would get their direct deposit. Councilmember Christensen said it is more convenient for the recipients of the direct deposit. Jennifer said a lot of the employees have requested direct deposit. Councilmember Kirkham asked Jennifer what percentage of employees. Jennifer said 90%. Councilmember Kirkham said she feels that maybe it’s not worth it right now. Councilmember Slack and Councilmember Christensen say they feel it’s worth it. Councilmember Kirkham asked which Councilmembers were concerned about the legal issue. Councilmember Christensen said he is not concerned. Councilmember Slack said he is not concerned. Councilmember Thompson said he doesn’t have any worries. Councilmember Powell said he is fine with it. Councilmember Coletti he is ok with it. Councilmember Kirkham is ok with it. Scott said he just wants the Council to understand the issue. 3. Commercial Development Requirements Policy: Bruce explained to the Council about when a commercial building goes in, we would like to have some discussion about requiring them to put in an underground duct from the fiber easement to their building so that there is a pathway to put a fiber into the building. Bruce directed the Council to a map showing everywhere that the fiber has been installed within the City. Councilmember Kirkham asked what the cost was. Bruce explained the cost. Ron said Bruce has spoken with the residents at the Villas. Bruce showed the Council a sample of the fiber wire and explained how the locate process works. Bruce said all the fiber is underground. Ron said he feels it should be added to the subdivision ordinance. Councilmember Kirkham said add it to the boiler plate. Discussion ensued regarding the cost of internet service. Bruce spoke about several different options for internet providers. Ron said Tom Lenderick sent an email out notifying of possible flooding this weekend, and said we are currently on flood watch. Councilmember Kirkham asked if the City is prepared. Discussion ensued regarding the City’s flood preparedness. Ron said after going through the files for the Urban Renewal District it was realized that everything we have is unsigned. Councilmember Coletti said the documents are all drafts. Ron said when he talked to the lady at ESIPTA and she said they were happy to give us whatever documents needed. Councilmember Coletti said what we really want is the original obligating documents. Councilmember Kirkham said when you read the audit; the financial forecast for urban renewal does not look good. Councilmember Kirkham said she is frustrated because you can look at urban renewal all over southeast Idaho that has been very lucrative and where they have had money left over and have been able to do block grants, and the City of Ammon’s Urban Renewal District is going to go bankrupt. She said she doesn’t understand. Ron said the attorney with whom it was recommended the City discuss this issue is actually the attorney for the urban renewal board. Ron’s recommendation is schedule a time for Councilmember Coletti to spend some time at ESIPTA to go through some of the things she has and see what she has readily available. Councilmember Kirkham agreed. 56 City Council Minutes 3-15-2012 Page of Ron said as he was going through the records, he couldn’t find reappointments. Ron said he restructured the documents and now has the last appointment or reappointment that would have occurred with each one of the board members. Ron said Scott recommends at the next meeting the Council needs to reaffirm the appointment or reappointment of each board member, through the time each one’s term will next expire. Councilmember Kirkham asked who is still serving. Ron said Bruce Ard, Greg Maeser, George Watkins, Larry Thompson, and Steve Fuhriman. Councilmember Kirkham asked if the members were attending. Ron said they aren’t meeting as often as the bylaws say they must. Ron said Scott’s recommendation is that rather than the City having a Councilmember on the board, he recommends we fill the position with a citizen, and then the Mayor has the authority to appoint an ex-officio member from the Council. Councilmember Kirkham said she is ok with that. Scott wants a clear demarcation between the City and the Urban Renewal District. Councilmember Slack updated the Council about the Fire Department, and said about a month ago they had their Firefighter II test and everybody but two passed, and they each only missed by one point. Firefighter II is an officer level certification and he gives kudos to Fire Chief Hyde. Councilmember Thompson asked Lance if he has had a chance to talk to anybody about the 1st Street and Ammon Road intersection. Lance said he and the Mayor met with Daryl West and he is going to approach the County about possibly sponsoring a signal project. Councilmember Thompson asked Lance to keep them updated. Councilmember Powell received an email asking the City to reconsider the DARE program. Councilmember Kirkham said no, it’s an educational program. Councilmember Coletti said it was a budgetary decision. Councilmember Coletti asked Lance to check with Ray about when the street sweepers were going to be out, because there are some areas in need of sweeping. Councilmember Coletti informed the Council that the last day for donating to the (Eastern Idaho Technical College) EITC Foundation for the spirit of Ammon scholarship is the end of March. 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 Kirkham moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1- F&C). Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 9:05 p.m. ____________________________________ Steven Fuhriman, Mayor ______________________________________ Ron Folsom, City Clerk 66 City Council Minutes 3-15-2012 Page of