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06272013CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JUNE 27, 2013 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, JUNE 27, 2013 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Coletti MINUTES: None ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.School District 93 – Hillcrest High School - Request for Additional Modulars and Extension of Existing Modulars 2.School District 93 – Woodland Hills Elementary – Request for Extension of Existing Modular 3.Bid Opening – 17th Street Rehabilitation Project 4.Resolution 2013-006 – Utility Rates – Reduction in green space landscaping watering and small RP/RPA lots. 5.Ordinance 527 – De-annexation north of Sunnyside Road 6.Presentation of Planning and Zoning Proposed Title 10 Amendments 7.Proposed Ordinance 528 and Summary – Title 10 Amendments 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 Rex Thompson Councilmember Sean Coletti Councilmember Russell Slack City Attorney Scott Hall City Clerk/Administrator/Planning Director Ron Folsom Deputy City Clerk Rachael Brown City Engineer Lance Bates Public Works Supervisor Jason Clapp Public Works Director Ray Ellis City Officials Absent: Councilmember Brian Powell Councilmember Brad Christensen City Treasurer Jennifer Belfield 15 City Council Minutes 06.27.2013Page of CALL TO ORDER: Mayor Steven Fuhriman opened the meeting when a quorum of the Council arrived at 7:46 p.m. at the City Hall building located at 2135 South Ammon Road. Councilmember Thompson led the Pledge of Allegiance. Councilmember Coletti offered a prayer. Councilmember Slack moved the Council into executive session pursuant to Idaho Code 67-2345 (1-c). Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. The Council resumed the regular session at 7:54 p.m. MINUTES: None ITEMS FROM MAYOR: None CONSENT AGENDA: Business License: Councilmember Slack moved to approve the Business License Consent Agenda, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Slack moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None PUBLIC HEARINGS: None ACTION ITEMS: 1. School District 93 – Hillcrest High School - Request for Additional Modulars and Extension of Existing Modulars: Ron explained we know Hillcrest has four existing modulars. The School District is proposing two new modulars towards the front of the school, next to the parking lot. Planning and Zoning recommended approval of this request and the extension of the existing modulars for three years all expiring at the same time. Roger Hill, District 93 explained the School District planned to put four modulars in the front before they build something, and they plan to go for bond in November. Roger said they may put out a survey to the public for input for options. Roger explained they cannot get electrical power to the four modulars anywhere other than the front of the school. Councilmember Kirkham moved to approve School District 93 – Hillcrest High School – Request for Additional Modulars and Extension of Existing Modulars for three years. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham– Yes, Councilmember Coletti– Yes, Councilmember Thompson – Yes, and Councilmember Slack– Yes. The motion passed. 2. School District 93 – Woodland Hills Elementary – Request for Extension of Existing Modular: Tom Hunsaker, 2135 South Ammon Road explained that the Planning and Zoning Commission recommended approval of the extension with the life of the need of the use rather than three years. This is because this is a school; it takes tax payers money every time we have a public hearing. Councilmember Thompson said he is not in favor of the life of the need and doesn’t want them used for storage when they are not in use. Ron explained no approval is required for storage buildings. Conditional Use approval is only required for human occupied buildings. Councilmember Kirkham moved to approve School District 93 – Woodland Hills Elementary – Request for Extension of Existing Modular for three years. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham– Yes, Councilmember Coletti – Yes, Councilmember Thompson– Yes and Councilmember Slack – Yes. The motion passed. 3. Bid Opening – 17th Street Rehabilitation Project: Lance explained that the City opened the bids today, and received three responsive bids; DePatco was the apparent low bid on the amount of $127,816.00 which including the bicycle path from near the railroad all the way to Crowley Road. It is a lump sum bid and there is a possibility if the Council chooses to delete the bicycle path out of the project it would save just under 15 percent or just under $19,000 but would have to go back to DePatco to make sure they are okay with the reduction. Councilmember Kirkham said she wanted to hear from Jason Clapp, because he had concerns about the bike path and the fact that it is not separate from the road. 25 City Council Minutes 06.27.2013Page of Jason Clapp,2135 S Ammon Road said he was driving to Rigby, and he was looking at the highway, and thought this is what the City’s roadway is going to look like. Jason displayed a photo of the highway, and said if you can imagine the center white dashes, a double yellow and then the yellow line on the left, this is what your road will look like; this hit him in the wrong way. Jason said this was scary to him, because the shoulder was meant for people to pull off of the highway to change a tire, etc. The design that has been engineered for 17th Street will resemble the highway photo he displayed, without the rumble strip. His concerns are during high peak hours of traffic drivers would pull into there and use it as turning lane or a merging lane coming into traffic. Discussion ensued regarding the amount of turns along the proposed 17th street rehabilitation project. Jason feels we are creating major safety issues. Jason explained a shared bicycle safety bike way outside of the travel way needs to be physically separated from the roadway. Physical separation would be like a curbing, a planting strip, or an area where there is an actual separation and the current design is not recommended at all. This bike path is against the City’s Title 10. Councilmember Slack said he has never been in favor of this bike path. Councilmember Thompson said he just came from Jackson Wyoming and they have bicycles going up and down a 55 or 60mph road, and it’s not that wide of a spot and it’s shared. Jason said his biggest concern is the people in Centennial Ranch live close to a park in Eagle Pointe, the only thing separating them is a 40mph road, and to get across you put in a bicycle path; walking path and it will need to be ADA compliant. Councilmember Coletti said he brought this up initially, and his first idea wasn’t necessarily a full-fledged walking path. His concern has always been the safety aspect of it and it’s the fact that we allowed a church building to be put out on 17th street close enough to people in the Centennial Ranch area who go to that church building, that they walk or ride their bikes right along the roadway quite often and he has seen cars swerve to avoid them. His concern is that there will be enough of a pathway there that they can walk or ride their bikes to the church building, because they are going to do it no matter what. Discussion ensued. Lance will go back to DePatco and ask them to reduce the contract amount by taking out the ten foot wide, two inch thick asphalt and concrete bike path. It doesn’t change the width of the roadway itself at all, but we will end up with ten feet less of asphalt width. Discussion ensued regarding a bike path through the City. Councilmember Kirkham moved to accept the Bid Opening – 17th Street Rehabilitation Project, award the bid to DePatco, removing the non-roadway addition of 10 feet, and authorize the Mayor to sign. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 4. Resolution 2013-006 – Utility Rates – Reduction in green space landscaping watering and small RP/RPA lots: Councilmember Kirkham moved to approve Resolution 2013-006 – Utility Rates – Reduction in green space landscaping Watering and small RP/RPA lots. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Thompson– Yes, and Councilmember Slack – Yes. The motion passed. Ordinance 527 – De-annexation north of Sunnyside Road: Councilmember Coletti read Ordinance 527: AN ORDINANCE OF THE CITY OF AMMON, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR EXCLUSION OF CERTAIN REAL PROPERTY DESCRIBED IN SECTION 2 FROM THE TERRITORIAL BOUNDARIES OF THE CITY OF AMMON; PROVIDING FOR AMENDMENT TO THE OFFICIAL ZONING MAP TO DELETE THE PROPERTY; 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 Kirkham seconded. Roll Call Vote: Councilmember Coletti– Yes, Councilmember Kirkham– Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. Councilmember Coletti read Ordinance #527: AN ORDINANCE OF THE CITY OF AMMON, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR EXCLUSION OF CERTAIN REAL PROPERTY DESCRIBED IN SECTION 2 FROM THE TERRITORIAL BOUNDARIES OF THE CITY OF AMMON; PROVIDING FOR AMENDMENT TO THE OFFICIAL ZONING MAP TO DELETE THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. I move the adoption of Ordinance #527 and summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Kirkham– Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. 5. Presentation of Planning and Zoning Proposed Title 10 Amendments: Councilmember Thompson said the Council was going to talk about section 10-14-3 which addresses 5,000 square foot lots. Ron explained that the way we changed this is that currently any lot that is an R-1 has a minimum of an 8,000 square foot lot. This proposal will change that so you could have a minimum of a 5,000 square foot lot square foot lot. If you have an existing R-1 property and you want to build on a 5,000 square foot lot, you have to go through a CUP (Conditional Use Permit) hearing just like we would with a regular rezone. Ron said they did make changes in the R1-A zone that made it so they can detach the townhome so that they still look like a townhome in the front, but the back the living spaces aren’t attached; that will help the townhouse zone. Councilmember Thompson said townhouses have been and 35 City Council Minutes 06.27.2013Page of experiment in that regard for our City, and we don’t need another experiment. Councilmember Kirkham said you have to see what somebody can do with it regardless. Councilmember Thompson is in favor of leaving it the way it as 8,000 square feet. Discussion ensued regarding density. Councilmember Kirkham asked Tom what the Planning and Zoning’s rationale was. Tom Hunsakersaid the problem we are having with the townhomes today is noise from the neighbors. If we can separate the two halves it goes a lot better. This was a way to get the physical separation, so they could continue doing something in the R1-A and as we looked at this, it seemed that it would fit in the R-1as well, because that was targeted specifically as single family detached and seemed like a better place to start with that concept. Councilmember Kirkham polled the Council. Councilmember Slack is 50/50, Councilmember Coletti is 50/50, Councilmember Thompson is not in favor, and Councilmember Kirkham is 50/50. 6. Proposed Ordinance 528 and Summary – Title 10 Amendments: Councilmember Coletti read Ordinance 528 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 10, PLANNING AND ZONING; CHAPTER 1, PURPOSE, DECLARATION, INTENT; CHAPTER 2, DEFINITIONS; CHAPTER 4, AMENDMENTS; CHAPTER 5, SUPPLEMENTARY REGULATIONS TO ZONES; CHAPTER 7, SPECIAL PROVISIONS APPLYING TO MISC USES; CHAPTER 8, ENFORCEMENT & ADMINISTRATION; CHAPTER 9, BOARD OF ADJUSTMENT; CHAPTER 11, ESTABLISHMENT OF ZONES; CHAPTER 12, RP RESIDENCE ZONE; CHAPTER 13, RP-A RESIDENCE ZONE; CHAPTER 14, R-1 RESIDENCE ZONE; CHAPTER 14-A, R-1A RESIDENCE ZONE; CHAPTER 15, R-2 RESIDENCE ZONE; CHAPTER 16, R2-A RESIDENCE ZONE; CHAPTER 17, R-3 RESIDENCE ZONE; CHAPTER 18, R-3A RESIDENCE ZONE; CHAPTER 20, C-1 LIMITED BUSINESS ZONE; CHAPTER 21, HC-1 HIGHWAY COMMERCIAL ZONE; CHAPTER 22, CC-1 CENTRAL COMMERCIAL ZONE; CHAPTER 23, GC-1 GENERAL COMMERCIAL ZONE; CHAPTER 24, M-1 MANUFACTURING ZONE; CHAPTER 25, I&M-1 INDUSTRIAL & MANUFACTURING ZONE; CHAPTER 26, I&M-2 INDUSTRIAL & MANUFACTURING ZONE; CHAPTER 29, SUBDIVISION REGULATIONS; CHAPTER 31, PB PROFESSIONAL BUSINESS ZONE; CHAPTER 32, COMMUNICATION TOWERS AND ANTENNAS; CHAPTER 33, RE RESIDENCE ZONE; CHAPTER 34, SIGN CODE; 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 Slack seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – No (Because he is opposed to changing from 8,000 square feet to 5,000 square foot lots as stated in 10-14-3). Councilmember Coletti read Ordinance #528 and Summary: AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 10, PLANNING AND ZONING; CHAPTER 1, PURPOSE, DECLARATION, INTENT; CHAPTER 2, DEFINITIONS; CHAPTER 4, AMENDMENTS; CHAPTER 5, SUPPLEMENTARY REGULATIONS TO ZONES; CHAPTER 7, SPECIAL PROVISIONS APPLYING TO MISC USES; CHAPTER 8, ENFORCEMENT & ADMINISTRATION; CHAPTER 9, BOARD OF ADJUSTMENT; CHAPTER 11, ESTABLISHMENT OF ZONES; CHAPTER 12, RP RESIDENCE ZONE; CHAPTER 13, RP-A RESIDENCE ZONE; CHAPTER 14, R-1 RESIDENCE ZONE; CHAPTER 14-A, R-1A RESIDENCE ZONE; CHAPTER 15, R-2 RESIDENCE ZONE; CHAPTER 16, R2-A RESIDENCE ZONE; CHAPTER 17, R-3 RESIDENCE ZONE; CHAPTER 18, R-3A RESIDENCE ZONE; CHAPTER 20, C-1 LIMITED BUSINESS ZONE; CHAPTER 21, HC-1 HIGHWAY COMMERCIAL ZONE; CHAPTER 22, CC-1 CENTRAL COMMERCIAL ZONE; CHAPTER 23, GC-1 GENERAL COMMERCIAL ZONE; CHAPTER 24, M-1 MANUFACTURING ZONE; CHAPTER 25, I&M-1 INDUSTRIAL & MANUFACTURING ZONE; CHAPTER 26, I&M-2 INDUSTRIAL & MANUFACTURING ZONE; CHAPTER 29, SUBDIVISION REGULATIONS; CHAPTER 31, PB PROFESSIONAL BUSINESS ZONE; CHAPTER 32, COMMUNICATION TOWERS AND ANTENNAS; CHAPTER 33, RE RESIDENCE ZONE; CHAPTER 34, SIGN CODE; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move the adoption of Ordinance #528 and summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Slack seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Slack – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – No (For the same reason previously stated). The motion passed. DISCUSSION ITEMS: 1. Misc. Lance distributed information from Keller & Associates and said they have asked to do some scenarios of what might fund the treatment plant expansion. The first one actually funds the treatment plant expansion by April of 2021 which includes a 3 ½ percent increase in sewer operation and maintenance costs each year for ten years. The Councilmembers are taking the information home and will bring back their comments at the meeting on July 18th. Lance said when Gold’s Gym decided to go into the TSR Racing building; we had some meetings with them. The meetings clearly discussed that no outside work was going to be done to the building, and therefore they didn’t have to have a revised site plan. They just installed 400 feet of sewer line to run sewer utilities out the back of the building out and around, which constitutes a new connection to the sewer line. A couple months ago Lance prepared a preliminary ERU count and Golds Gym is going to have 19 45 City Council Minutes 06.27.2013Page of ERU’s because they have showers and more restroom. The difference is 11 ERU’s at $3,800 each at a total of $41,800. Today is the first time they have heard about this amount. Ron said they called and asked why this wasn’t caught in the beginning. The bottom line is that the Bob, the owner was in the meeting when he was told that he didn’t have to do a site plan if you are making no changes to the outside of the building and that is how we do all the remodels. Lance said they told staff they were only making changes internal and so they weren’t required to do a site plan, and the site plan is where we would have caught this issue. In this case, they now have two sewer connections. Discussion ensued. Ron asked the Council if they will allow Gold’s to have a temporary C/O (Certificate of Occupancy) without first paying the $42,000 connection fee. The Council said no. Ron said at the AIC lunch they talked about how Blue Cross was offering a grant to help kids be healthy. Ron said he sat with Renee from the city of Idaho Falls and they discussed how it is based on population; they talked about what would happen if the City of Ammon and the City of Idaho Falls applied together. Ron explained there could be something for the schools, something in the park, and there is some trail money. The Council thinks it’s a good idea. Councilmember Slack asked the Council if they wanted to talk about the recent issue with the 911 Center. Councilmember Slack said this is really bad, and he feels there is precedence for the City to break the contract and take its 911 money back. Councilmember Coletti said Sam Hulse is looking into it, but he doesn’t have an answer for the City yet. He said they have had a lot of turnover at the dispatch center, and they have some new people there that haven’t had enough training. Councilmember Coletti feels we need to speak to someone at the city of Idaho Falls; maybe speak with Ida Hardcastle. Councilmember Kirkham said we contract with the County and they are managing our contract with dispatch, and its Sam Hulse responsibility to get this fixed, and if he can’t get it fixed then we need to decide what to do; but we don’t bypass the County and go to the City of Idaho Falls. Discussion ensued regarding a solution to the dispatch issues. Councilmember Kirkham said Ammon is going to manage the BMPO website. Discussion ensued. Councilmember Slack moved to adjourn. Councilmember Thompson seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 9:46 p.m. _________________________________________________ Steve Fuhriman, Mayor __________________________________________________ Ron Folsom, City Clerk 55 City Council Minutes 06.27.2013Page of