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06062013CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JUNE 6, 2013 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, JUNE 6, 2013 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Christensen MINUTES: May 2, 2013 ITEMS FROM MAYOR: CONSENT AGENDA: Accounts Payable – Exhibit A PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.De-annexation Request – Sunnyside Road 2.Variance Request - Rockwell Development – 4226 Mathews 3.Quail Ridge Park Request 4.Re-appointment of Paul Johnson to the Building Department Board of Appeals 5.Re-appointment and appoints of new members Plumbing and Mechanical Board of Appeals 6.Presentation of Ordinance #526 and Summary – Title 4, Chapter 9, Itinerant Merchant/Mobile Vendors, Chapter 13, Home Occupations, Title 6 Chapter 2, Fireworks DISCUSSION ITEMS: 1.Greenspace Water Charges 2.Sidewalks Repair and Maintenance (possible grants) 3.17th Street Missing Sidewalks 4.Utilize Local Business Electronic Message Boards for Ammon Days 5.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 Rex Thompson (Arrived at 7:14 p.m.) Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack Councilmember Brad Christensen City Attorney Scott Hall City Clerk/Administrator/Planning Director Ron Folsom Deputy Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates Public Works Director Ray Ellis Parks Director Ken Knoch 14 City Council Minutes 06.06.2013 Page of City Officials Absent: None 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 Christensen offered a prayer. MINUTES: May 2, 2013: Councilmember Kirkham moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Abstain (absent), Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. ITEMS FROM MAYOR: Mayor Fuhriman reported that he had received a note from Mr. and Mrs. Arnold Young which says; Thank you, we wanted to thank you what a good job Rick Williams and his crew did on our water system; the cleanup was outstanding and everyone was quick, courteous and helpful. The Mayor mentioned the BMPO website would be included on the June 24th agenda. He mentioned the City needed a voting delegate at the AIC (Association of Idaho Cities) annual meeting; it was determined the Mayor would be the voting delegate and Councilmember Kirkham would be the alternate. CONSENT AGENDA: Accounts Payable – Exhibit A: 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 Slack – Yes, and Councilmember Christensen – Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: None ACTION ITEMS: 1. De-annexation Request – Sunnyside Road: Ron explained the request and that the property is located on the eastern edge of the City, on the north side of Sunnyside Road. Councilmember Kirkham moved to approve the De-annexation Request for Sunnyside Road. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 2. Variance Request - Rockwell Development – 4226 Mathews: Ron explained the request is for a variance from the required thirty foot minimum setback from a public right of way, and explained where the property is located.Ron said that Planning and Zoning recommended approval of the variance. Ron explained the requirements needed for the Council to grant a variance. Tom Hunsaker 2135 South Ammon Road, explained the recommendation from the Planning and Zoning Commission, and said there was support and no opposition from the public. Councilmember Kirkham moved to grant the Variance Request to Rockwell Development for 4226 Mathews. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 3. Quail Ridge Park Request: Councilmember Kirkham explained that the City landscaped the retention pond, installed trees, and has been watering it. Councilmember Powell said the homeowners want to put some playground equipment in the area and are asking if the Council will allow it. Discussion ensued regarding the area in question. Scott Hall asked if there was a possibility of receiving grant money for this sort of thing; such as if the homeowners gifted the money to the City so the City could match it on a grant. Ken said yes, there are funds for parks and recreation; the gift would be an in kind cash donation. Councilmember Kirkham asked Ken if he has the money in his budget this year. Ken said no, not this year because of the playground equipment purchased at Woodland Hills. Ken said he could write a grant in January or March, but he would like to write it for other things as well. Councilmember Christensen said there is a larger discussion boiling here because here is a retention pond in Quail Ridge that we are paying to water, and yet there are other green spaces and subdivisions are paying for their own green spaces. Ron said when we build retention areas, it is going to be an acre or two or three and is going to require some type of landscaping. Ron suggested maintaining the retention areas as parks with the condition that they are unable to change it from being a retention pond. Councilmember Kirkham moved to approve the Quail Ridge Park Request for an additional $10,000 to match $10,000 raised by the home owners’ association on the condition that the City can obtain a matching fund grant, the $10,000 raised by the home owners’ association would be gifted to the Parks Department, anything done to the park would be subject to Parks & Recreation 24 City Council Minutes 06.06.2013 Page of approval, and the money would go into a restricted fund for Quail Ridge, and the money would be contingent upon grant approval within 24 months otherwise the money would be refunded. Councilmember Christensen seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 4. Re-appointment of Paul Johnson to the Building Department Board of Appeals: Councilmember Kirkham moved to approve the Re-appointment of Paul Johnson to the Building Department Board of Appeals. 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. 5. Re-appointment and appoints of new members Plumbing and Mechanical Board of Appeals: Justin Judy, Ted Sermon, and Lamar Haywood are already on the Board. Bruce Siqueiros and Roxe Anne Mitro are new with two year terms. Councilmember Slack moved to approve the re-appointments and new members for Plumbing and Mechanical Board of Appeals. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 6. Presentation of Ordinance #526 and Summary – Title 4, Chapter 9, Itinerant Merchant/Mobile Vendors, Chapter 13, Home Occupations, Title 6 Chapter 2, Fireworks: Ron explained the changes in Title 4, Chapter 9, Itinerant Merchant/Mobile Vendors, Chapter 13, Home Occupations, Title 6 Chapter 2, Fireworks. Councilmember Kirkham read Ordinance #526 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, TITLE 4, BUSINESS REGULATIONS, CHAPTER 9, ITINERANT MERCHANTS, MOBILE FOOD VENDORS, CHAPTER 13, HOME OCCUPATIONS, TITLE 6, HEALTH AND PUBLIC SAFETY, CHAPTER 2, FIREWORKS, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. Councilmember Kirkham read Ordinance #526 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING, TITLE 4, BUSINESS REGULATIONS, CHAPTER 9, ITINERANT MERCHANTS, MOBILE FOOD VENDORS, CHAPTER 13, HOME OCCUPATIONS, TITLE 6, HEALTH AND PUBLIC SAFETY, CHAPTER 2, FIREWORKS, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move the adoption of Ordinance #526 and summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. DISCUSSION ITEMS: 1. Greenspace Water Charges: Councilmember Kirkham explained that Hawks Landing changed ownership, and said because they are not all the way built out, they are having trouble collecting enough money to cover their green space watering bill. Councilmember Kirkham said the City has three places where this is an issue; Quail Ridge, Founders Pointe, and Hawkes Landing. Councilmember Kirkham said she, Ron and Ray talked about what is the cost to deliver the water to those green spaces. Councilmember Kirkham suggested changing the residential Greenspace rate from $1.89 to .98 cents per thousand gallons. Particularly in Hawks Landing and Founders Pointe, because Founders has one of the retention ponds green spaces that the homeowners are paying to water, and Hawks Landing has sheered green space homeowners are paying to water but in their minds it is actually part of their yard and feel they are paying twice.Discussion ensued regarding the green space issues. Ken suggested an irrigation management class for the HOA (Home Owners Association) members. The Council agreed to reduce the Greenspace rates and require mandatory class. 2. Sidewalks Repair and Maintenance (possible grants): Councilmember Christensen said a constituent contacted him asking if there is a program to repair the sidewalks that have heaved. Ron said Ray has brought something to the Councils attention before in the form of a potential grant program, where the City would set aside a certain amount of money to match on a one to one basis; the city would perform the removal of the sidewalk, and the homeowner would replace the sidewalk at their cost.Ray said there needs to be an ordinance addressing it. Discussion ensued regarding the sidewalks and curb and gutter. 34 City Council Minutes 06.06.2013 Page of 3. 17th Street Missing Sidewalks: Ron explained there is a lady in Tiebreaker who runs or walks, and said she can’t run out of Tiebreaker and get back off of 17th Street without running in dirt. Ron explained that from Piano Gallery going east, there is no sidewalk.Ron said the City could plan for the accesses on the property prior to installing sidewalks. Ron said there is a safety issue here. Councilmember Kirkham asked Ray which fund the money would be coming out of. Ray said the street budget. Councilmember Kirkham polled the Council about their feelings about the sidewalks on 17th. Councilmember Thompson said he feels they still plan on collecting the front footage fees, but we should let the property owners know ahead of time. Councilmember Slack said you have to keep the fee there to recover the cost of the sidewalk you put in and then they are going to get destroyed and have to go in again. To be addressed at on a future agenda to discuss with/without front footage fees, where to put the sidewalks, and a development agreement. 4. Utilize Local Business Electronic Message Boards for Ammon Days: Ron explained this discussion came up because for Ammon Days we usually use the banks media board and at the staff meeting it was suggested using EITC (Eastern Idaho Technical College) and we were going to ask them, but it came up that they had asked us to put something in our statements and we told them no. Ron asked the Council if they felt it was important enough to ask them if they would be willing to do that. The Council said no. 5. Misc.: Ron reminded the Council about the Title 10 changes. There was a Public Hearing at Planning and Zoning last night with the Commission recommending approval of the changes. Ron would like to meet with the Councilmembers that may have concerns. Councilmember Christensen mentioned siding missing from the firefighter training tower. Councilmember Slack will let Fire Chief Hyde know and ask him to address it. Councilmember Slack said Dean Mortimer pulled him aside and said he is planning to come to the Council to discuss the City’s sewer fees and is actively compiling documents. Councilmember Kirkham said she feels the rate study the City has will be helpful in that discussion. Scott Hall asked where Dean Mortimer has been for the last five years, because there have been lots of discussions, hearings, and work going on that he has not been present for. Councilmember Slack moved to adjourn. Councilmember Powell seconded. All in Favor - The motion passed. The meeting adjourned at 8:50 p.m. ___________________________________________________ Steve Fuhriman, Mayor __________________________________________________ Ron Folsom, City Clerk 44 City Council Minutes 06.06.2013 Page of