04182013CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, APRIL 18, 2013
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL - AGENDA
THURSDAY, APRIL 18, 2013 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Slack
Prayer – Councilmember Coletti
MINUTES:
March 7, 2013, March 14, 2013, March 28, 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.Award Street Sweeper Contract and Authorize the Mayor to Sign
2.Conditional Use Permit Request to Join 8 Unit Group Homes Together to Operate 16 Bed Facilities in an R-1 Zone
3.Preliminary Plat – Mountain Valley Estates, Division 3
4.Final Plat – Mountain Valley Estates, Division 3
5.Mountain Valley Estates, Division 3 - Development Agreement
6.Mountain Valley Estates, Division 3 – Water Assessment Agreement
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:
Councilmember Dana Kirkham
Councilmember Rex Thompson
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
City Engineer Lance Bates
Public Works Director Ray Ellis
Technology Director Bruce Patterson
City Officials Absent:
Mayor Steve Fuhriman
Councilmember Brian Powell
CALL TO ORDER:
Councilmember Dana Kirkham opened the meeting in the Mayors absence at 7:00 p.m. at the City Hall
building located at 2135 South Ammon Road. Boy Scout Talon Montgomery of Troop 714 led the Pledge of Allegiance.
Councilmember Coletti offered a prayer.
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MINUTES: March 7, 2013:
Councilmember Coletti moved to approve the minutes, as presented. Councilmember
Christensen seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Christensen – Yes, Councilmember Slack –
Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed.
March 14, 2013:
Councilmember Coletti moved to approve the minutes, with one correction. Councilmember
Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Kirkham –
Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed.
March 28, 2013:
Councilmember Slack moved to approve the minutes, as presented. Councilmember Coletti
seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed.
ITEMS FROM MAYOR:
None
CONSENT AGENDA: Accounts Payable – Exhibit A:
Councilmember Slack moved to approve the Accounts Payable –
Exhibit A, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti –
Yes, Councilmember Kirkham – Yes, Councilmember Thompson – 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. Award Street Sweeper Contract and Authorize the Mayor to Sign:
Ray Ellis, Public Works Supervisor explained to
the Council that he published the bid opening for the Pelican Style Street Sweeper, he had two qualified equipment dealers that asked
for specifications, but only one submitted a bid. Ray said he reviewed the bid today, all specifications were met. The bid from
MetroQuip, Inc. came in at $105,120. Councilmember Christensen commented that the amount is exactly what Ray had estimated it
would cost. Councilmember Christensen asked Ron how staff advertises for these items. Ron said there are State guidelines the City
has to follow. Councilmember Christensen asked Ray about publishing with the Department of Administration site so that the City
would have a broader group viewing the information. Councilmember Christensen said this is the third time the City only received one
bid, and he doesn’t feel it is competitive. Ray explained that a company named Bid Ocean also lists the City’s publications, and
submits them to potential bidders. Councilmember Kirkham explained to Councilmember Christensen that the few pieces of
machinery that the City has purchased since he has been on the City Council have been kind of specialty items, and if the bid had been
for a pickup truck he would have seen that there are a lot more competitive bids.
Luke Stewart, MetroQuip, Inc. Councilmember Christensen asked if this was the only piece of equipment they have right
now. Luke said no it is not the only piece of equipment they have for sweeping streets, but it is the only type of equipment they have
based on these particular specifications. This is a very unique piece of equipment, it is pretty specialized, and not many manufacturers
build the three wheel design. Discussion ensued regarding the Pelican Style Street Sweeper. Councilmember Coletti asked Luke about
the lifespan of the vehicle. Luke said with proper maintenance, the City could get 10,000 more hours, and said they are very robust
machines. Discussion ensued regarding the hours and miles on the street sweeper. Councilmember Christensen asked Luke if it was
typical for them to be the only bidder on this style of street sweeper. Luke said on the Pelican Type, yes; because Elgin is one of the
only manufacturers that build this type of sweeper. Councilmember Christensen asked Luke if MetroQuip, Inc. accepts trade vehicles.
Luke said yes, but it is typically included in the original bid specifications.
Councilmember Coletti moved to award the Street Sweeper Contract to MetroQuip, Inc. in the amount of $105,120 and
authorize Councilmember Kirkham to sign in the Mayors absence. Councilmember Thompson seconded. Roll Call Vote:
Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Christensen – No
(Because he feels there are other things to look at, and he doesn’t like the fact that there was only one bidder), and Councilmember
Kirkham – Yes. The motion passed.
2. Conditional Use Permit Request to Join 8 Unit Group Homes Together to Operate 16 Bed Facilities in an R-1 Zone:
Councilmember Kirkham said she wanted to remind the Council that this is the same property the Council looked at earlier
for a rezone that was denied. They are now coming back to the Council with a Conditional Use request to address the facility that is
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already there. There has been a public hearing at the Planning and Zoning Commission. Ron explained the request and where the
property is located.
Tom Hunsaker, 2135 South Ammon Road explained that the first item Planning and Zoning looked at was whether the
requester qualified for a conditional use permit. Tom said they do qualify; an RP-A zone will allow nursing homes, and the City does
allow it, but only with a conditional use permit.
Councilmember Thompson asked Tom if assisted living included drug rehabilitation. Tom said no. Councilmember
Thompson asked if assisted living meant a person that is physically unable to take care of themselves whether they are elderly or not. .
Tom said yes. The IDAPA (Idaho Administrative Procedures Act) rules define assisted living, and if you are just trying to get your life
cleaned up, you are not assisted living material. Tom explained this tripped over from the group homes category to only the assisted
living category, because each building would have more than eight beds; this has to go to a 15 bed maximum unit; this is where the
State caps this type of development. Facilities with more than 15 beds are a lot more expensive to build to State standards.
Councilmember Thompson asked if parking was available. Tom said yes, they have to have six parking spaces per building
once they are combined into five buildings. There have single car garages with one space in each of the garages, and two more cars
per driveway which meets our intent. Ron said they are almost a three car width driveway. Ron said with this conditional use permit,
the facility would be required by the State to be licensed. Councilmember Kirkham asked Tom what the recommendation is from
Planning and Zoning. Tom said the recommendation was unanimous in favor.
Councilmember Kirkham said at the public hearing, the consensus was the public did not want the property re-zoned, but said
there are units sitting there and they wanted something done with them. The Council concurred that this is what they heard too. Tom
said they will have to re-plat. In order to tie the two buildings together, the City has side yard and back yard requirements. Tom
explained the requirements of the CUP, and that it would be for the life of the use. Councilmember Kirkham said she is in favor of the
request, and feels there is a benefit to not allowing the buildings to depreciate. Ron said based on what he found about group homes
which are not licensed; this change makes it mandatory for them to be licensed by the State.
Councilmember Slack moved to approve the Conditional Use Permit Request to Join 8 Unit Group Homes Together to
Operate 15 Bed Facilities in an R-1 Zone, with the following conditions; re-plat the lots so each two units will be connected, they are
to meet the State Statutes and IDAPA rules for assisted living centers, the term will be for the life of the use, onsite staffing will be
provided twenty four hours a day, the connecting buildings will be compatible architecturally with the surrounding buildings, and the
City business licensing requirements will be met. Councilmember Thompson seconded. Roll Call Vote: Councilmember Slack – Yes,
Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Christensen – Abstain (Conflict of Interest), and
Councilmember Coletti – Abstain (Conflict of Interest). The motion passed.
3. Preliminary Plat – Mountain Valley Estates, Division 3:
Ron explained where the property is located.
Councilmember Thompson asked if the school’s emergency access road, located south of division 3, was a dirt road. Ron said yes.
Councilmember Christensen asked if the lots were almost one acre lots. Ron said yes. Discussion ensued regarding the location of the
lots and the flood plain.
Councilmember Slack moved to approve the Preliminary Plat – Mountain Valley Estates, Division 3, as presented.
Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes,
Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed.
4. Final Plat – Mountain Valley Estates, Division 3:
Ron explained the water assessment agreement will apply to these
five lots, and the City will gain the water rights.
Councilmember Slack moved to approve the Final Plat – Mountain Valley Estates, Division 3, as presented. Councilmember
Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson –
Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed.
5. Mountain Valley Estates, Division 3 - Development Agreement:
Ron explained the only special conditions are those
that the City placed when we required the plat method, we recognize the property being platted is in the designated flood plain, it shall
be the responsibility of the developer to include the flood plain on all lot descriptions, which shall include language stating the
property owner shall be required to meet all requirements of FEMA and the City of Ammon Flood Plain Ordinance Title 7 Chapter 10.
That is the only special condition.
Councilmember Slack moved to approve the Mountain Valley Estates, Division 3, as presented. Councilmember Christensen
seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes,
Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed.
6. Mountain Valley Estates, Division 3 – Water Assessment Agreement:
Ron said this is the water use assessment and
easement agreement; it takes whatever surface water rights are on the five lots and transfers them to the City of Ammon, the City takes
over the water rights and maintains them.
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Councilmember Slack moved to approve the Mountain Valley Estates, Division 3 – Water Assessment Agreement, as
presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes,
Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Coletti – Yes. The motion passed.
DISCUSSION ITEMS:
1. Misc.:
Ron said he had a meeting with Sam Hulse from the Sheriff’s Department. Ron asked Sam to prepare a report
that shows the calls to every group home in the City. Ron explained that every time someone is evicted from a group home, it often
involves having a police officer there, because it is a standard procedure. Scott Hall said it would be good for the Councilmembers to
find a legislator that is willing to carry a bill requiring oversight and supervision. This would alleviate problems caused by current
statutes that protect the rights of group homes, but neglect to protect their neighbors. Discussion ensued regarding the amount of calls
to the group homes, and the cost for dispatching officers.
Scott Hall said he is convinced that not much road repair is going to happen on Crowley Road unless the Council places some
pressure on the County Commissioners. Councilmember Kirkham said she thinks they believe there are only a few rough patches.
Lance explained that none of Crowley Road has been accepted. Intermountain Gas has finally gotten their contractor back from
thth
Missouri, and is beginning to look at those areas along Crowley Road (45 East), and Township Road (49 South).
Lance said they have begun talking about what is going to need to happen at least with the stretches that the City is involved
with to be made whole. Councilmember Kirkham asked Lance to keep the Council informed, and if they need to talk to the
Commissioners they will.
Councilmember Christensen said that Ken Knoch informed him he gave a presentation to the Idaho Department of Parks and
recreation for possibly getting a grant; the presentation went well, and that indicated it looked positive.
Councilmember Christensen said the Department Heads have been working on Ammon Days and everything is going well.
Discussion ensued regarding the Ammon Days talent show and obtaining donations for the event.
Councilmember Slack said he attended the scholarship ceremony at EITC. Bruce Patterson’s wife Raelynn was awarded
“Employee of the Century”.
Councilmember Kirkham said she was very impressed, and felt very good about their contribution. Councilmember Coletti
said we were able to give two $850 scholarships. The scholarships are possible with voluntary donations, with no money coming out
of City coffers. Jennifer suggested displaying information for donating to the scholarship at the City Booth during Ammon Days.
Councilmember Thompson said he had some people approach him about the splash park, and asked about citizens that would
be willing to contribute some money to the splash park. Councilmember Thompson suggested having information at Ammon Days
about donating to the splash park.
Councilmember Thompson asked Ray about the “cross traffic does not stop” signs on John Adams and Tie Breaker. Ray said
his department received the signs; they just need to be installed.
Councilmember Kirkham said she heard from Dr. Shacket, and the School District will pay one third of the cost for the
DARE program, the City will pay one third, and Councilmember Powell is taking the proposal to the Sheriff’s Department to see if
they will pay one third.
Councilmember Kirkham said at the Regional meeting today they voted to increase the connection fee from $3,000 to
$3,500. There was a public hearing with Rockwell being the only developer to attend. Rockwell was opposed to the increase, because
they felt it would stall growth. Councilmember Kirkham said the reality is we kept it at $3,000 for two years when it really needed to
be $3,500 with the hope that the City would have a three percent growth. Ron suggested having the Region collect the fee.
Councilmember Kirkham said that would be a good idea, but there is nobody administratively at the Region to collect it. Discussion
ensued regarding pre-paying for connections.
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)
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Councilmember Kirkham moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1- c). Councilmember
Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes,
Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed.
The meeting adjourned at 8:22 p.m.
_______________________________________________
Steve Fuhriman, Mayor
_____________________________________________
Ron Folsom, City Clerk
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