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09152011CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 15, 2011 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, SEPTEMBER 15, 2011 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Kirkham MINUTES: None 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: 2011-014 RezoneRequest R1-A to R2- A – Gary Lattimore – Trailwood Village – Division 9, Block 6, Lot 30:* ACTION ITEMS: 1. Authorization to Purchase Valve Exercise Truck – Explanation of Bid and Approval Request:* th 2. Railroad Construction Agreement – 17 Street Railroad Crossing (Lance):* 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 Brian Powell Councilmember Rex Thompson Councilmember Sean Coletti City Clerk Ron Folsom Deputy City Clerk Rachael Brown City Engineer Lance Bates City Officials Absent: City Attorney Scott Hall Councilmember Russell Slack Councilmember Lee Bean City Treasurer Jennifer Belfield 14 Council Minutes 9-15-2011 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 led the prayer. MINUTES: None ITEMS FROM MAYOR: Mayor Fuhriman addressed the Council regarding the newspaper article about Councilmember Bean in Tuesday’s paper. Mayor Fuhriman said Councilmember Bean pointed out that the Mayor needs to take a stronger arm in doing things in the community and to be more involved. Mayor Fuhriman said he appreciated Councilmember Bean bringing these things to his attention. Kevin Harris of Forsgren Associates presented a plaque and digital photo frame containing photos of the Treatment Plant’s progress to the Mayor and Council. Kevin said the Oxbow Treatment Plant won the ASCE Southern Idaho Section Project of the Year. CONSENT AGENDA: Business License*: Councilmember Thompson asked about the Taco Loco Business and inquired about its location. Lance said Taco Loco was located inside the Tesoro at Hitt Road and Sunnyside Road. Councilmember Powell moved to approve the Business License Consent Agenda, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Powell asked Lance about the payment to Knife River for segment C and asked if it was the last payment or the first payment. Lance said it was the first payment for Knife River. Councilmember Powell asked if the payment to Forsgren for the separator line was the last payment. Lance said no it wasn’t the last payment. Councilmember Kirkham asked Kevin if he felt the City was on schedule to hook on to the Regional Wastewater Facility by December. Kevin said the City is on schedule to hook on by December, but the weather would determine if the City is able to hook on th at Sunnyside Road and at 17 Street, and be able to repair those roads and get them back for winter use. Councilmember Kirkham said it would be bad if the City can’t hook on by December and had to wait until spring. Councilmember Powell moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, and Councilmember Thompson – Yes. The motion passed. ITEMS FOR/FROM TREASURER: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) None PUBLIC HEARINGS: 2011-014 Rezone Request R1-A to R2- A – Gary Lattimore – Trailwood Village – Division 9, Block 6, Lot 30:* Ron explained the rezone request and where the property is located. Ron said if the R2-A is granted it would allow for up to eight units per acre. Ron said based on the size of the lot, the developer could get six units on the lot. Councilmember Powell asked since this is a public hearing and it has already gone through a public hearing in planning & zoning does the City need to worry about any quasi-judicial issues. Ron said yes, because this is a whole new hearing. Mayor Fuhriman opened the public hearing and explained the hearing process to the public. st Developer: Dean Mortimer, 7403 S 1 East, Idaho Falls. Dean said he is the original developer on this project. Dean said originally part of the lot was R-2A and the other part was R1-A, and then it was consolidated into an R-1A zone. Dean said they have struggled to find a use for this property and originally thought it was available for a daycare facility which he felt would work on that size lot. Dean said they have tried to figure out what would work with the R1-A, which finally caused them to request R-2A. The lot faces R2-A properties with the exception of R1-A directly across the street and all of the properties are rentals. Dean said the developer is now asking for an R-2 zone to accommodate both the R1-A’s and the R2-A’s around it. Developer: Gary Lattimore, 145 Stone Run Lane, Idaho Falls, addressed the Council and said they have an odd size lot of which they are trying to make the best use within the parameters that they have. There are R2-A properties to the south, and R-1A properties to the north and to the west, this a transition zone and makes the best use of the lot possible. Neutral Comment: Tom Hunsaker, 2925 Carolyn Lane said the one thing he did not ask in the Planning and Zoning public hearing was if anybody was dead set against it for some sort of light commercial for this property. Tom wanted to see if there is a third option for a beauty shop or barber shop. He wants to make certain before we abandon the idea forever if there is any interest at all. 24 Council Minutes 9-15-2011 Page of Comment Against: Asa Drake 1285 Jackson Drive said Chuck and Sue Cargo asked him to read a letter they had prepared for the City Council. Mr. Drake read the letter and it is located in the supporting documentation for this meeting. Ron informed the Mayor and Council of two other letters received. Councilmember Kirkham confirmed the number of people commenting and if they were all opposed. Ron said there were eight including the developer. Councilmember Kirkham said, both she and Councilmember Thompson were on the Council the first time this issue came up and it was pretty controversial, but she feels they should encourage the area being filled in. Councilmember Thompson asked how long the lot line was. Ron said it is in the curve so it’s hard to tell, but the back of the property is 179 feet. Ron said it would fit one twin home on a single town home lot. Councilmember Thompson feels a variance would be a solution. Councilmember Kirkham asked Ron to show them on SharePoint the five reasons to grant a variance. Ron read the reasons contained in the variance requirements. Councilmember Thompson said the lot is flat, and is not of an odd shape or any other issues that would make it undevelopable. Councilmember Thompson said the lot doesn’t fit the variance requirements. Councilmember Kirkham said she wished she had a better solution. Councilmember Thompson said he would like to see the property developed too. Discussion ensued regarding setbacks and the size of the lot. Ron stated a rough check of the length of the lot’s front setback line indicated it might be possible to split it into two R1-A lots, and suggested tabling the hearing open until the developer can determine whether the property can be split. Councilmember Kirkham asked Dean what he thought about the option of splitting the lot. Dean said it’s an option, and right now it’s better than nothing. He feels it’s important to remember when the R-1A’s on Jackson were built it was before the plat was recorded. Councilmember Thompson said it was already zoned. Dean said part of it was R-2. Councilmember Thompson said the lower part was. He said there are three properties on the Jackson side that abut this property and part of those abutted an R-2 zone when they were bought. Councilmember Coletti would like to look into splitting the lot. Councilmember Powell is in favor of splitting the lot. Councilmember Kirkham moved to table public hearing 2011-014 to allow investigation of the option of splitting the lot, and put it back on the agenda for October 6th. Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. ACTION ITEMS: 1. Authorization to Purchase Valve Exercise Truck – Explanation of Bid and Approval Request:* Ray Ellis, Public Works Supervisor informed the Council he receive one bid and that he reviewed the single bid and requests the Mayor be authorized to sign the purchase order in the amount of $100,760. Ray said the bid is over the budgeted amount by $760 and the excess cost could be paid from the shop equipment line item in the budget. Councilmember Thompson inquired about what the truck would be used for. Ray explained how the truck would be used and said it is equipped with a crane to pull pumps out of lift stations for repair. Councilmember Powell moved to approve the Authorization to Purchase Valve Exercise Truck – Explanation of Bid and Approval Request and authorize the Mayor to sign. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes, and Councilmember Thompson – Yes. The motion passed. th 2. Railroad Construction Agreement – 17 Street Railroad Crossing (Lance):* Lance said he was contacted by the Idaho Transportation Department (ITD) today and they are requesting the Council authorize the Mayor to sign the agreement when it is completed. Councilmember Powell asked if the City had any cost in the project. Lance said there is no cost for the City. Councilmember Thompson asked Lance if Scott had reviewed the agreement. Lance said yes, Scott is fine with the wording. th Councilmember Coletti moved to approve the Railroad Construction Agreement – 17 Street Railroad Crossing and authorize the Mayor to sign. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Kirkham – Yes. The motion passed. DISCUSSION ITEMS: 1. Misc.: Lance said they ran into some unexpected situations while running the IBSD separator line through the corner of Rawson and Western, one of which was a City sewer line that partially blocked the path of the new IBSD line. Lance said one of the ways he looked at fixing the problem was creating a unique structure for IBSD’s line. The unique structure would spread the flow out and would go underneath the City’s existing line. That was sent to the City of Idaho Falls and they said no that the City would need to come back with an inverted line. Councilmember Thompson asked what size the City’s line is. Lance said the City’s line is 18 inches. Councilmember Kirkham asked what the City of Idaho Falls is basing the need of an inverted line on. Lance said Idaho Falls did not want the liability of some sort of unusual structure even though it might work perfectly. Councilmember Powell asked Lance to define unusual structure. Lance said it is a box and it takes the 30 inch pipe and changes it into a 36 foot wide shallower trench to get underneath the City’s pipe and have some level of clearance most of the time. Councilmember Kirkham asked about the cost of the inverted line. Lance said he would guess somewhere around $60,000 to $80,000. Councilmember Kirkham said she is ok with that. Councilmember Powell said he hoped the City was marking these areas. Lance said Forsgren is marking spots and doing survey shots. 34 Council Minutes 9-15-2011 Page of Councilmember Kirkham asked if this was a surprise, or were there employees that knew about these lines. Lance said the City had two people that knew there were two water lines in Western, but they didn’t agree as to where they actually were located. Councilmember Kirkham asked as the City moves along, is staff is talking to Rick and Jason about what they think is there. Lance said yes. Councilmember Powell asked how the older service lines are looking. Lance said the ones along Western are looking poorly. Discussion ensued regarding service lines. Lance said he met with the Principal of Hillview Elementary School and Guy Blisner, and he explained to them what HK Construction is planning on doing. Lance said he has spoken with HK several times regarding what he would allow them to do on Midway. Lance said he has come to a compromise between HK Contractors and the School District. They are going to close off Midway Road from Owen to Circle S but allow Circle S to still function. Councilmember Kirkham asked what the School District wanted. Lance said the School District wants to change the bus routes minimally and would like to use the pool parking lot for bus drop off. Councilmember Kirkham wants to make sure moving forward with the School District, we make it clear they would have had this problem much sooner and this is part of the construction process. Ron said he received a call from a lady today that lives on Circle S. She said when school got out today the kids were running across in front of the trucks and there was not a crossing guard there. Ron said the lady requested the City work with HK Contractors about having a crossing guard across Southwick. Councilmember Kirkham said there was some discussion at the last meeting about putting all the City trucks into a fleet. Councilmember Kirkham said the problem with that is if you purchase all the trucks out of the general fund and do all of the maintenance out of the general fund it causes a problem. Councilmember Kirkham feels it is better to leave the policy the way it is. CouncilmemberThompson inquired about the amount of vehicles in the City. Ray said if you count equipment there are probably 35. Ray said the City is getting very close to needing its own mechanic. 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-c & b). Councilmember Coletti seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. The meeting adjourned at 8:05 p.m. ___________________________________________ Steven Fuhriman, Mayor _________________________________________________ Ron Folsom, City Clerk 44 Council Minutes 9-15-2011 Page of