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05162013CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MAY 16, 2013 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, MAY 16, 2013 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Christensen Prayer – Councilmember Powell MINUTES: None ITEMS FROM MAYOR: CONSENT AGENDA: Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.Sno-Ventures – Appeal of Denial of Itinerant Business License DISCUSSION ITEMS: 1.Bonneville County Sherriff’s – 5k runs and closing of streets 2.US Ignite Summit 3.Centennial Coins 4.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 Steven Fuhriman Councilmember Dana Kirkham Councilmember Sean Coletti Councilmember Russell Slack Councilmember Brad Christensen City Attorney Scott Hall City Clerk/Administrator/Planning Director Ron Folsom Deputy City Clerk Rachael Brown City Treasurer Jennifer Belfield Public Works Director Ray Ellis Fire Marshal Keith Banda I.T. Director Bruce Patterson City Officials Absent: Councilmember Brian Powell Councilmember Rex Thompson 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 Christensen led the Pledge of Allegiance. Councilmember Slack offered a prayer. 14 City Council Minutes 05.16.2013 Page of MINUTES: None ITEMS FROM MAYOR: None CONSENT AGENDA: Accounts Payable – Exhibit A: Councilmember Kirkham moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, and Councilmember – Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): Jeff Bruggeman, 4880 Lady Hawk Lane said last year the City Council granted water usage for his church group to grow a community garden. Jeff would like to ask the Council to consider allowing the water usage again this year. They plan to distribute the produce they grow to the Food Bank, The Haven, and the local Women’s Shelter. Councilmember Kirkham said last year the group was required to fill out a grant form for the water usage and asked that they do that again. Councilmember Kirkham asked Jeff to send photos of the kids working in the garden and staff will include it with the newsletter. Councilmember Slack asked Jeff to encourage the whole community to be involved. Councilmember Coletti said it was nice to hear the results of the garden were good. The Council feels it is a good idea to complete the grant application and the approval will be handled at the staff level. PUBLIC HEARINGS: None ACTION ITEMS: 1. Sno-Ventures – Appeal of Denial of Itinerant Business License: Ron explained the reasons the Itinerant Merchant license was denied at the Tesoro station on S 25th and Sunnyside. Councilmember Kirkham said it is her recollection that the Sno Shack was located there last year, but doesn’t see that there was a license. Ron said there wasn’t a license because Preston Walker did not apply for one. Councilmember Kirkham said because they were licensed at the Market Way location they knew they needed a license, and they knowingly broke the law. Ron said yes. Ron said from the Planning aspect, they are in compliance and they have the correct number of parking spaces. Ron explained the Planning and Zoning requirements for parking. Preston Walker, 2724 Rollandet said he would like to address the concern about him operating illegally. Councilmember Kirkham interrupted Preston to ask the Council if they have had any ex-parte communication about this issue. Councilmember Slack said he received a phone call today from a person that said they knew the vendors, but he didn’t go over any details. Councilmember Kirkham asked Councilmember Slack if he felt he had received any information that would bias his decision. Councilmember Slack said no. Councilmember Coletti said he received a phone call from Sally George who said that Preston runs a very good business, he is a good businessman, and is very clean with his business. Councilmember Coletti said he told Ms. George that he couldn’t discuss the issue, because it was on appeal and no details were discussed. He doesn’t feel it would affect his decision today. Preston R walker, 2724 Rollandet, Idaho Falls said he is a local business owner, and has worked hard to grow and maintain his shaved ice business in the area for ten years. Preston said he had a rough summer at the Hitt Road and Sunnyside Road location last year; after signing a new lease, he purchased a new building and equipment, and they were the sole vendor on the lot and had had a rough time building a significant customer base. Preston said this year things have changed; with two other vendors around us, our businesses have created a synergy that has drawn people in and made a difference for all of us. We are all doing very well and enjoying our current set up there and has created a fun family friendly environment. Preston said he was recently made aware of the status of what he thought was a standing business license for that location. Before last year, he had no prior experience doing business in the City of Ammon, and upon entering the City last summer he didn’t realize the rules and regulations were so different from the City of Idaho Falls. There is no license required for his type of business in the City of Idaho Falls. Preston said he is willing to pay the fees from last year’s license with this year’s fees to be in compliance with the City licensing requirements. Preston explained that the landlord Jarom Christensen has agreed to put in additional parking along with the fire lane suggested by Fire Marshal Keith Banda. Councilmember Kirkham asked Preston if he thought when he paid for the Market Street location, that it covered both of his locations. Preston said yes. Councilmember Kirkham asked if Jarom was not aware that the shaved ice business was coming back, because she is wondering how we ended up with Sweeto Burrito. Preston said yes Jarom was aware, because they have a signed lease agreement. Councilmember Kirkham said there is no doubt this is a great business, and how you operate is not an issue. The issue is the calls that we have received on the other side of the argument is that people are asking what is the City doing to that corner, and if we are turning it into a fair type atmosphere. Councilmember Kirkham said we have a couple of locations that we have denied the additional businesses because they had more than two, so we have a precedent that we need to reconcile. Preston read Jarom Christensen’s letter into the record. 24 City Council Minutes 05.16.2013 Page of Cindy Donovan, 3725 E Sunnyside Road said she was already on her way to the Council meeting to discuss the corner and found out it was on the agenda. Cindy said she feels there are too many of these outside spaces in a small area, the way the people are parking, and nobody really pays attention to what may or may not be striped; they park wherever it is most convenient to park. She has seen people parked in some of the most unconventional ways, she has seen them parking over the speed bump, and blocking the aisle way from Jiffy Lube to the south end of the lot. People are stopping in the fast lane of Sunnyside Road heading east in order to turn left into the parking lot. She would hate to see the same thing happen on all the commercial lots in the City of Ammon. Preston said from a business standpoint, he knows they all carry liability insurance for those unforeseen things, and there is always something that can happen that is out of everybody’s control. They indemnify the landlord, and those are risks, and he feels the location they are at is an ideal location. Councilmember Slack asked to hear from the Fire Department and how they feel about the safety issues. Fire Marshal Keith Banda, 2137 South Ammon Road explained the fire lane needs to be a 20 foot width for fire access to all structures which would be the gas canopy area, the convenience store, the adjacent restaurant, and Jiffy Lube. There is also consideration for the trailers, and the propane stations. Keith said he wouldn’t require a lane specifically to be striped, if it was maintained clear, but as Cindy mentioned there have been people pulling directly up to the front of the trailers. The Fire Department’s recommendation was to stripe the parking lot. John Pierre France owner of Sweeto Burrito said he thinks a lot of the parking issues are a result of his business telling people this past winter to park close to the trailer to get there food quickly. He feels he can address that issue with his next round of radio ads where they would say to pay close to the parking signs, because it is important to protect safety. He would be happy to put that in his next set of ads if the Council will approve the license for Preston. Councilmember Coletti said if the Council approves this request, the vendors will have to police the parking as well and let people know they can’t park in certain areas. Discussion ensued regarding the policy for only allowing two vendors. Ron said whatever the Council decides to do tonight; there will need to be some changes to the Itinerant Merchant Licensing. Councilmember Kirkham moved to grant only this license until the ordinance is reworked, the license be paid for from last year, the spaces be striped to obtain the 10-15 additional spaces, continue with the chains that are currently up, and the license will be revoked if there are an excessive amount of complaints. Councilmember Christensen seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, and Councilmember Coletti – Yes. The motion passed. DISCUSSION ITEMS: 1. Bonneville County Sherriff’s – 5k runs and closing of streets: Sergeant Kevin Casperexplained some safety concerns with the 5k run events, and asked the Council about staff creating an Event Permit form giving them the ability to shut down the roads temporarily for those events. Discussion ensued. US Ignite Summit: 2. Bruce Patterson, Internet Technology Director presented the US Ignite website and their sponsors which included the City of Ammon.US Ignite summit will be held on June 24-26, 2013. The summit includes demonstrations of applications awarded money. Bruce and US Ignite have been discussing if the City will demonstrate. Bruce feels like he has been upfront about the City’s goals to find financial support towards the City fiber program and demonstrate the emergency communication system using the City fiber. US Ignites’ response is they would like to see a public safety agency representative come to the summit and support the emergency communication system. Bruce explained the summit is a gateway to federal programs for additional funding for the fiber project. Councilmember Kirkham asked Bruce if he has talked to Sheriff Wilde regarding the emergency communication system and some of his concerns. Bruce said he had, and his perspective is that the current 911 service center views itself as a taker of the service not a provider. 3. Centennial Coins: Ron said staff would like to give away the Ammon Centennial Coins to the citizens at the Ammon Days Event. Council agreed. 4. Misc.: Ron explained that Title 10 changes are scheduled to go to hearing the first Wednesday of June. Ron asked the Council members that between now and then he would like to meet with them a couple at a time to go over the changes, because it might take a little while to explain it. Councilmember Kirkham asked Ron to email the times he is available and the Council will let him know which of those times they are available. 34 City Council Minutes 05.16.2013 Page of Councilmember Slack moved to adjourn. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Christensen – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 8:50 p.m. _______________________________________________ Steven Fuhriman, Mayor _________________________________________________ Ron Folsom, City Clerk 44 City Council Minutes 05.16.2013 Page of