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08.16.2018CouncilAgenda - Packet 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, AUGUST 16, 2018 7:00 P.M. CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance Councilmember Wiscombe Prayer Councilmember Wessel MINUTES: August 2, 2018, August 9, 2018 ITEMS FROM MAYOR: CONSENT AGENDA: Accounts Payable Exhibit A AMMON LIGHTING DISTRICT BOARD (City Council acting as Lighting District Board): ACTION ITEMS: 1. Ordinance 613-LD - FY2019 Annual Appropriation PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): PUBLIC HEARINGS: None ACTION ITEMS: 1. Ordinance 612 FY2019 Annual Appropriation 2. Ordinance Amending Title 10, Chapter 29 Subdivision Regulations DISCUSSION ITEMS: 1. Misc. EXECUTIVE SESSION: 1. Real Property Acquisitions - Idaho Code 74-206 (1) (c) INDIVIDUALS NEEDING ACCOMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE 2135 SOUTH AMMON ROAD CITY COUNCIL MINUTES THURSDAY, AUGUST 2, 2018 AGENDA: CITY OF AMMON CITY COUNCIL - AGENDA THURSDAY, AUGUST 2, 2018 7:00 P.M. CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance Councilmember Powell Prayer Councilmember Wiscombe MINUTES: July 19, 2018 ITEMS FROM MAYOR: CONSENT AGENDA: Accounts Payable Exhibit A AMMON LIGHTING DISTRICTS BOARD (City Council acting as Lighting District Board): PUBLIC HEARINGS: Public Hearing 2018-013LD Lighting Districts FY2019 Annual Appropriation PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): PUBLIC HEARINGS: Public Hearing 2018-012 FY2019 Annual Appropriation ACTION ITEMS: 1. Resolution 2018-010R Destruction of Records DISCUSSION ITEMS: 1. Fee Resolution 2. Misc. MINUTES City Officials Present: Mayor Sean Coletti Council President Brian Powell Councilmember Rex Thompson Councilmember Byron Wiscombe Councilmember Craig Tibbitts (arrived at 7:08 p.m.) Councilmember Scott Wessel City Attorney Scott Hall City Administrator Micah Austin City Engineer Tracy Bono City Clerk Rachael Sanders City Treasurer Jennifer Belfield City Officials Absent: Councilmember Russell Slack CALL TO ORDER: Mayor Sean Coletti opened the meeting at 7:00 p.m. at the Ammon City Hall building located at 2135 South Ammon Road. Councilmember Powell led the Pledge of Allegiance. Councilmember Wiscombe offered a prayer. MINUTES: July 19, 2018: Councilmember Wessel moved to approve the minutes, with the edits mentioned. Councilmember Powell seconded. Roll Call Vote: Councilmember Wessel Yes, Councilmember Powell Yes, Councilmember Wiscombe Abstain (absent), and Councilmember Thompson Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: Accounts Payable Exhibit A: Councilmember Powell moved to approve the Accounts Payable Exhibit A, as presented. Councilmember Wiscombe seconded. Roll Call Vote: Councilmember Powell Yes, Councilmember Wiscombe Yes, Councilmember Tibbitts Yes, Councilmember Thompson Yes, and Councilmember Wessel Yes. The motion passed. Councilmember Powell moved to enter into Session of the Lighting Districts Board. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell Yes, Councilmember Thompson Yes, Councilmember Wessel Yes, Councilmember Wiscombe Yes, and Councilmember Tibbitts Yes. The motion passed. City Council Minutes 08.02.2018 Page 1 of 2 AMMON LIGHTING DISTRICTS BOARD (City Council acting as Lighting District Board): PUBLIC HEARINGS: Public Hearing 2018-013LD Lighting Districts FY2019 Annual Appropriation: Mayor Coletti read the Public Hearing instructions, and opened Public Hearing 2018-013LD for the Lighting Districts FY2019 Annual Appropriations. There was no public comment, and no written comment was received. Mayor Coletti Closed Public Hearing 2018-013LD, and opened up for Council discussion. Councilmember Powell moved to enter back into regular session of the Council. Councilmember Tibbitts seconded. Roll Call Vote: Councilmember Powell Yes, Councilmember Tibbitts Yes, Councilmember Wiscombe Yes, Councilmember Thompson Yes, and Councilmember Wessel Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: Public Hearing 2018-012 FY2019 Annual Appropriation: Mayor Coletti read the Public Hearing instructions to the citizens present, and opened Public Hearing 2018-012 for the City of Ammon FY2019 Annual Appropriations. There was no public comment, and no written comment was received. Jennifer discussed the budget information that she had given to each of the Councilmembers. Mayor Coletti Closed Public Hearing 2018-012, and opened up for Council discussion. ACTION ITEMS: 1. Resolution 2018-010R Destruction of Records: Councilmember Powell moved to approve Resolution 2018-010R Destruction of Records, as presented. Councilmember Wessel seconded. Roll Call Vote: Councilmember Powell Yes, Councilmember Wessel Yes, Councilmember Thompson Yes, Councilmember Wiscombe Yes, and Councilmember Tibbitts Yes. The motion passed. DISCUSSION ITEMS: 1. Fee Resolution: Austin discussed the citywide fee resolution that he would like to go into effect on October 1, 2018. Discussion ensued regarding new fees. Austin asked the Council for their direction to publish notice for public hearing for the citywide fees to be held in September. The Council concurred for Austin to notice for a public hearing for the new and increased fees. 2. Misc.: Discussion regarding Ammon Days assignments, schedules, and activities. th Tracy reported on the construction projects pending with a right turn lane at the intersection of 17 Street and Crowley Road, and reported on the Hawk Signal installation timeline. Austin reported on an RFP for a signal light at Sunnyside and Ammon Road. Austin reported to the Council that he had a conversation with the principal of Mountain Valley Elementary, and that he is very happy with the 4-way stop at the intersection of Wanda and Princess Drive. Councilmember Powell wants to have information on future agendas about annexations that only include half of a road. He would also like that when a developer comes in they are required to develop the whole road and not just half of it. This half a road has got to stop. st Councilmember Wiscombe discussed his concerns regarding a bend on the corner of 21 Street that by time st you hit 21 street you are almost parallel, and he feels this will be a danger for the kids that are going to be driving. Discussion ensued regarding purchasing the property and straightening out the road. Mayor Coletti stated that the Council needs to make a decision Office regarding the additional officer that the City will not be charged for until the next fiscal year. The Council determined that they cannot commit to the additional officer. Mayor Coletti handed out information to the Council regarding frequently asked questions regarding water metering. He wants to have a handout for residents. The meeting adjourned at 9:06 p.m. __________________________________ Sean Coletti, Mayor ____________________________ Rachael Sanders, City Clerk City Council Minutes 08.02.2018 Page 2 of 2 2135 SOUTH AMMON ROAD CITY COUNCIL MINUTES THURSDAY, AUGUST 9, 2018 AGENDA: CITY OF AMMON AGENDA WORK SESSION THURSDAY, AUGUST 9, 2018 4:30 P.M. DISCUSSION ITEMS: 1. 4:30 p.m. - Council Photo at City Hall 2. 5:30 p.m. - Public Works Tour at the C. Bruce Ard Building located at 3451 Ard Drive 3. Pressurized Irrigation 4. Urban Renewal Agency (URA) - District Update 5. Misc. MINUTES City Officials Present: Mayor Sean Coletti Council President Brian Powell Councilmember Rex Thompson Councilmember Russell Slack Councilmember Byron Wiscombe Councilmember Craig Tibbitts Councilmember Scott Wessel City Attorney Scott Hall City Administrator Micah Austin City Engineer Tracy Bono Public Works Director Ray Ellis City Officials Absent: City Clerk Rachael Sanders City Treasurer Jennifer Belfield Mayor Coletti opened the meeting at 4:30 p.m. at the Ammon City Hall building located at 2135 South Ammon Road. DISCUSSION ITEMS: 1. 4:30 p.m. - Council Photo at City Hall: The Mayor and City Council had a group photo taken. 2. 5:30 p.m. - Public Works Tour at the C. Bruce Ard Building located at 3451 Ard Drive: The Mayor and Council traveled to the Public Works Facility located at 3451 Ard Drive, Ammon, ID. The tour included information regarding the following items: a. IWorQ b. Requiring new signs in new subdivisions c. Manager Plus d. Field Mapplet Console 3. Pressurized Irrigation (Micah): a. Should we require all new subdivisions to (a) provide groundwater rights associated with property; or (b) use secondary irrigation system from canal? b. Memo from Rob Harris c. We can put the parks on pressurized irrigation collaboration between parks and water departments. d. By statute, new developments are already required to be on surface water. e. Could we allow neighborhoods to pressurized irrigate their area and go off of Ammon water? i. Cottonwood Hills has inquired. ii. Could we do an LID to pay for it? f. What about an irrigation department? g. Average for large lots using 75,000 gallons a month during July average. h. How many bigger lots do we want to have going forward? i. Need to submit applications for new water rights. j. Things to do: i. How do we pressurized irrigate the parks? ii. How do other cities pressurized irrigate neighborhoods? iii. How much would it cost for new subdivisions to go on pressurized irrigation? 4. Urban Renewal Agency (URA) - District Update: a. Discussion of valuation of study areas. City Council Minutes 08.09.2018 Page 1 of 2 b. Nest: Need to trim to $60 million in value 5. Misc.: RFPs, RFIs, Fee Notice to be set for September 6 meeting (Micah): a. Should we apply for a water right with the new well? b. Staff to check with Rob Harris The meeting adjourned at 6:15 p.m. ________________________________ Sean Coletti, Mayor _________________________________ Rachael Sanders, City Clerk City Council Minutes 08.09.2018 Page 2 of 2 City Council Meeting: August 2, 2018 Mayor Coletti and City Councilmembers: Public Hearing for FY 2019 Budget for City of Ammon and Lighting Districts Department Head: - Jennifer Belfield and All Department Heads Recommendation - Recommend approving budgets for publication. Summary of Analysis - Budget is balanced - Actual medical insurance rates are 23.44% increase - Budgeting taking the 3% property tax increase 10-310-100 Property Tax $2,689,547 Property Tax - 3% $2,620,676 Annexation & New Construction $91,715 Forgone $0 Agricultural Equip Prop Tax Replacement ($153) Personal Prop Tax Replacement ($22,691) Recovered Homeowner's Exemption Prop Tax 2016 2017 2018 Year $754,743,472 $821,113,052.00 $893,803,883.00 Taxable Market Value $2,374,988 $2,521,233.00 $2,689,547.00 Property Tax to be Levied Levy 0.003146749 0.003070507 0.003009102 Rate 2016 at 3% 2017 at 3% 2018 at 3% $314.67 $307.05 $300.91 Per $100,000 taxable value $629.35 $614.10 $601.82 Per $200,000 taxable value -$7.62 Total difference from 2016 to 2017 for $100,000 taxable value -$6.14 Total difference from 2017 to 2018 for $100,000 taxable value - From original budget to final property tax #s, $33,110 less - Budgeting Sheriff Contract Option 2, adding 1.5 FTE - Building Adding a seasonal employee (no benefits) due to increased building activity - Technology Dept has a 4.5% increase, due to medical insurance premiums 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.ci.ammon.id.us Page | 1 - Street Fund is budgeting for $350,000 grant from LHTAC for the Sunnyside/Ammon Rd intersection signalization - Water is using a metered rate - Wastewater EIRWWA is anticipating a 15% rate increase, from $11.04 to $12.70/ERU, $1.66 increase. Ammon is anticipating a 4% rate increase, from $47.48 to $49.38, $1.90 increase - Sanitation Last year the rate was reduced from $10 to $9/mo, and the water rate was increased by the $1, so to most residents there was no bottom line difference in their utility rates. The Sanitation Fund does need to go back to the $10/mo/can for residential cans - Depending on Council action on proposed fee resolution, revenues would increase for Planning and Engineering (which would in turn reduce the transfer from PW to General) Financial Impact - Updating budget for FY 2019, all revenue and expense GL #s are being reviewed and updated Motion For Lighting Districts: fiscal year 2019 Lighting Districts budget as presented, finding it meets state For City of Ammon fiscal year 2019 City of Ammon budget as presented, finding it meets state Attachments: 1. FY 2019 City of Ammon Budget 2. FY 2019 Ammon Lighting Districts Budgets 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.ci.ammon.id.us Page | 2 AMMON LIGHTING DISTRICTS #1 THROUGH #9 CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE #613-LD !..5!, !002/02)!4)/. "),, /& ΑΏ18-2019 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 APPROPRIATING THE SUM OF $16,180 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE AMMON LIGHTING DISTRICTS #1 THROUGH #9, AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING AN ASSESSMENT UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE AMMON LIGHTING DISTRICTS #1 THROUGH #9, AMMON, IDAHO, BONNEVILLE COUNTY, IDAHO: Section 1: That the sum of $2,900 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District #1, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2018. Section 2: That the sum of $3,291 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District #2, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2018. Section 3: That the sum of $1,792 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District #3, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2018. Section 4: That the sum of $1,515 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District #4, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2018. Section 5: That the sum of $1,899 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District #5, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2018. Section 6: That the sum of $2,194 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District #6, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2018. Section 7: That the sum of $2,589 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District #7, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2018. Section 8: That the sum of $3,454 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District #8, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2018. Section 9: That the sum of $3,475 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District #9, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2018. Section 10: The objects and purposes for which such appropriation is made, and the amount of each object and purpose is as follows: ORDINANCE #613-LD1 THROUGH LD9 2018-2019 AMMON LIGHTING DISTRICTS ANNUAL APPROPRIATION Page 1 of 2 ESTIMATED EXPENDITUTES: LIGHTING DISTRICT FUND Lighting District #1 $ 2,900 Lighting District #2 $ 3,291 Lighting District #3 $ 1,792 Lighting District #4 $ 1,515 Lighting District #5 $ 1,899 Lighting District #6 $ 2,194 Lighting District #7 $ 2,589 Lighting District #8 $ 3,454 Lighting District #9 $ 3,475 ____________________________________________________ TOTAL EXPENDITURES $ 16,180 Section 11: That a general tax levy on all taxable property within the Ammon Lighting Districts #1 through #9, City of Ammon be levied in an amount allowed by law for the general purposes for said Lighting Districts, for the fiscal year beginning October 1, 2018. Section 12: This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 13: This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Post Register, a newspaper of general circulation in the area of the Lighting Districts, and the official newspaper of the City of Ammon. PASSES under suspension of rules upon which a roll call vote was taken and duly enacted an Ordinance of the Ammon Lighting Districts #1 through #9, City of Ammon, Bonneville County, Idaho at a convened meeting of the Lighting Districts Board held on the 16th day of August, 2018. _________________________________ Sean Coletti, Chairman Ammon Lighting Districts #1 through #9 ATTEST: ____________________________________ Rachael Sanders, District Clerk Ammon Lighting District #1 through #9 ORDINANCE #613-LD1 THROUGH LD9 2018-2019 AMMON LIGHTING DISTRICTS ANNUAL APPROPRIATION Page 2 of 2 ORDINANCE NO #613-LD ANNUAL APPROPRIATION BILL OF 2018-2019 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 APPROPRIATING THE SUM OF $16,180 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE AMMON LIGHTING DISTRICTS #1 THROUGH #9, AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING AN ASSESSMENT UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. I move that the City Council dispense with the rule requiring the ordinance be read on three different days and that the three readings be waived. ORDINANCE NO #613-LD ANNUAL APPROPRIATION BILL OF 2018-2019 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 APPROPRIATING THE SUM OF $16,180 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE AMMON LIGHTING DISTRICTS #1 THROUGH #9, AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING AN ASSESSMENT UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. I move the adoption of ordinance 613-LD as an ordinance of the City of Ammon on its third and final reading. CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE #612 !..5!, !002/02)!4)/. "),, /& ΑΏ18-2019 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 APPROPRIATING THE SUM OF $22,767,941TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF AMMON, BONNEVILLE COUNTY, IDAHO: Section 1: That the sum of $22,767,941 be, and the same is appropriated to defray the necessary expenses and liabilities of the City of Ammon, Bonneville County, Idaho for the fiscal year beginning October 1, 2018. Section 2: The objects and purposes for which such appropriation is made, and the amount of each object and purpose is as follows: ESTIMATED EXPENDITURES: GENERAL FUND General Government $ 2,316,689 Enforcement Department 1,618,427 Fire Department 1,177,220 TOTAL GENERAL FUND $ 5,112,335 Building $ 449,796 Parks & Recreation 992,585 Sanitation 980,971 Wastewater 4,213,981 Street 1,460,706 Water 6,182,745 Technology 584,055 Fiber Optics 2,790,766 TOTAL EXPENDITURES $ 22,767,941 Section 3: That a general tax levy on all taxable property within the City of Ammon be levied in an amount allowed by law for the general purposes for said City, for the fiscal year beginning October 1, 2018. Section 4: This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 5: This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Post Register, a newspaper of general circulation in the City of Ammon, and the official newspaper of said City. ORDINANCE #612 2018-2019 ANNUAL APPROPRIATION Page 1 of 2 PASSES under suspension of rules upon which a roll call vote was taken and duly enacted an Ordinance of the City of Ammon, Bonneville County, Idaho at a convened th meeting of the City of Ammon City Council held on the 16 day of August, 2018. ______________________________ Sean Coletti, Mayor City of Ammon ATTEST: ____________________________________ Rachael Sanders, City Clerk City of Ammon ORDINANCE #612 2018-2019 ANNUAL APPROPRIATION Page 2 of 2 ORDINANCE NO #612 ANNUAL APPROPRIATION BILL OF 2018-2019 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 APPROPRIATING THE SUM OF $22,767,941TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE; AND PROVIDING FOR AN EFFECTIVE DATE. I move that the City Council dispense with the rule requiring the ordinance be read on three different days and that the three readings be waived. ORDINANCE NO #612 ANNUAL APPROPRIATION BILL OF 2018-2019 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 APPROPRIATING THE SUM OF $22,767,941TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE; AND PROVIDING FOR AN EFFECTIVE DATE. I move the adoption of ordinance 612 as an ordinance of the City of Ammon on its third and final reading. CITY OF AMMON ORDINANCE #614 AN ORDINANCE AMENDING A PORTION OF TITLE 10, PLANNING AND ZONING, CHAPTER 29 SUBDIVISION REGULATIONS, SECTION 4 APPLICATION AND FEES REQUIRED AND SECTION 15 GUARANTEE OF COMPLETION, OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: Section 1: Title 10, Chapter 29 Subdivision Regulations Title 10, Chapter29, Subdivision Regulations, a new Section4, Application and Fees Required, of the City Code of Ammon, a previously repealed section, shall be adopted to read as follows: 10-29-4: APPLICATION AND FEES REQUIRED: Applications shall be submitted to the City for any regulations administered by this chapter. Application fees shall be adopted by the Mayor and City Council by resolution. Title 10, Chapter 29, Subdivision Regulations, Section 15, Guarantee of Completion, of the City Code of Ammon, shall be repealed and re-adopted to read as follows: 10-29-15: GUARANTEE OF COMPLETION: The developer of a subdivision within the City shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the issuance of any building permit for said subdivision or produce a guarantee of completion. This guarantee of completion shall be provided in lieu of completing any infrastructure improvements prior to issuance of building permits within a subdivision as required in the City of Ammon annexation and development agreements or any other agreements approved by the City of Ammon. (A) Financial Guarantee Arrangements: Prior to commencing construction on or approving financial guarantees for any public improvements, the Final Plat and Development Agreement shall be approved and recorded. The City shall require the developer to provide a financial guarantee of performance in one or a combination of the following arrangements which said requirements shall be in addition to the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement. Public improvements shall include but not be limited to: roads, phone, electric, public water, natural gas, public sewer, fire protection, cable, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. 1. Surety Bond: a. Accrual: The bond shall accrue to the City of Ammon covering all costs of construction, of the specific public improvements. b. Amount: The bond shall be in the amount equal to two hundred percent (200%) of the total estimated cost based on the development cost agreement in item 10-29-15-(A)-1-e below, for completing construction of the specific public improvement, as recommended and approved by the City Engineer. c. Term Length: The bond shall be in force and held by the City for a period of 24 months after the public improvements are completed and accepted by the City. Any repairs or replacements to the public infrastructure during the initial warranty period shall automatically extend the warranty period 12 additional months beyond the initial 24 Ordinance #614 T10 C29 Subdivision Regulations Page 1 of 5 months and the bond or value related to said replacement or repair shall be extended with the warranty period. The City Engineer may extend the warranty period and the bond in unusual circumstances beyond the afore mentioned 24-month period. d. Bonding for Surety Company: The bond shall be with a surety company authorized to do business in the State of Idaho and acceptable to the City Council. e. Development Cost Agreement: The Development cost agreement by the City Engineer. Said agreement shall reflect actual cost estimates plus ten (10) percent of the improvements needed to complete subdivision. 2. Cash Deposit, Certified Check, Negotiable Bond or Irrevocable Bank Letter of Credit: a. Treasurer, Escrow Agent or Trust Company: A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit, such surety acceptable by the City, shall be deposited with an escrow agent, City Treasurer, or trust company; b. Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit shall be equal to two hundred percent (200%) of the estimated cost based on the development cost agreement in item 10-29-15-(A)-2-d below, for completing construction of the specific public improvement, as recommended and approved by the City Engineer. c. Escrow Time: The bond shall be in force and held by the City for a minimum period of 24 months with automatic renewal until such time as after the public improvements are completed and accepted by the City. and shall further continue until all contractual warranty periods are completed. Any repairs or replacements to the public infrastructure during the initial warranty period shall automatically extend the warranty period 12 additional months beyond the initial 24 months and the bond or value related to said replacement or repair shall be extended with the warranty period. The City Engineer may extend the warranty period and the bond in unusual circumstances beyond the afore mentioned 24- month period. d. Development Cost Agreement: The Development cost agreement shall be provided by the developers registered engineer and approved by the City Engineer. Said agreement shall reflect actual cost estimates plus ten (10) percent of the improvements needed to complete subdivision. (B) Approval of As Built Site Improvements: With respect to financial guarantees, the approval of all as built site improvements within a subdivision or PUD shall be conditioned on the accomplishment of the following: 1. The improvements as required in the construction improvement drawings required by this title have been completed by the developer and approved by the City. 2. with an acknowledged/notarized letter. (C) Inspection of Public Improvements Under Construction: 1. Before recording of a final plat, and before construction plans, and specifications for public improvements, an agreement shall be made in writing between the developer and the City to provide for inspecting the construction and its conformity to the submitted plans. 2. Prior to construction of public improvements, a pre-construction meeting shall be held with the appropriate City of Ammon departments staff, the project engineer (D) Penalty in Case of Failure to Complete Construction of Public Improvements: In the event the developer shall, in any case, fail to complete such work within the period of time as required by the conditions of the guarantee for the completion of public Ordinance #614 T10 C29 Subdivision Regulations Page 2 of 5 improvements, it shall be the responsibility of the City Council to proceed to have such work completed. In order to accomplish this, the City Council shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable letter of credit, or negotiable bond which the developer may have deposited in lieu of surety bond, or may take such steps as necessary to require performance by the bonding or surety company, and as included in a written agreement between the Council and the developer. (E) Reduction and Release of Guarantee: Only after the inspecting engineer certifies that improvements are complete and free from defect, after receipt of notarized statement, and itemized bill, the City shall release the developer from the subdivision improvements agreement upon completion of all warranty periods. 1. In subdivisions where a cash deposit, certified check, or negotiable bond for guarantee of sidewalk installation only has been presented; and after completion of a minimum of fifty (50) percent of the required infrastructure improvements within the subdivision, the Developer may request up to fifty (50) percent of the deposit to be refunded. Any deposit refund request must be made in writing to the City Engineer who shall than inspect the subdivision for completion of sidewalks and notify the Developer in writing of the results of the inspection. If the City Engineer determines a refund may be processed, he/she shall then issue a request to the City Treasurer that all or a portion of the funds being held in escrow be released to the Developer dependent on the percent of completion. Calculations for refund shall be done on a lot by lot basis in the same method as the deposit amount was calculated. 2. The City Engineer shall be authorized to release portions of any financial guarantees and waive remaining warranty periods after finding that public infrastructure is completed, fully meets city standards, and that withholding the financial guarantee associated with the public infrastructure would provide no public benefit. Section 2: Repeal of Conflicting Provisions. All provisions of the current Code or ordinances of the City of Ammon which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 3: Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 4: Effective Date. This ordinance shall be effective on August 16, 2018, upon its passage and publication as provided by law. Enacted by the City Council as an ordinance of the City of Ammon on the 16thday of August, 2018. Approved by the Mayor on the 16th day of August, 2018. CITY OF AMMON __________________________________ Sean Coletti, Mayor ATTEST: _______________________________ Rachael Sanders, City Clerk Ordinance #614 T10 C29 Subdivision Regulations Page 3 of 5 I, RACHAEL SANDERS, CITY CLERK OF THE CITY OF AMMON, IDAHO DO HEREBY CERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE AMENDING A PORTION OF TITLE 10, PLANNING AND ZONING, CHAPTER 29 SUBDIVISION REGULATIONS, SECTION 4 APPLICATION AND FEES REQUIRED AND SECTION 15 GUARANTEE OF COMPLETION, OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. DATED this 16th day of August, 2018. ______________________________________ Rachael Sanders, City Clerk Ordinance #614 T10 C29 Subdivision Regulations Page 4 of 5 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: #614 AN ORDINANCE AMENDING A PORTION OF TITLE 10, PLANNING AND ZONING, CHAPTER 29 SUBDIVISION REGULATIONS, SECTION 4 APPLICATION AND FEES REQUIRED AND SECTION 15 GUARANTEE OF COMPLETION, OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. T. Ammon Road, Ammon, Idaho. ATTEST: CITY OF AMMON _______________________________ __________________________________ Rachael Sanders, City Clerk Sean Coletti, Mayor I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance #614 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 16th day of August, 2018. ________________________________ Scott Hall, City Attorney Ordinance #614 T10 C29 Subdivision Regulations Page 5 of 5 ORDINANCE NO #614 AND SUMMARY AN ORDINANCE AMENDING A PORTION OF TITLE 10, PLANNING AND ZONING, CHAPTER 29 SUBDIVISION REGULATIONS, SECTION 4 APPLICATION AND FEES REQUIRED AND SECTION 15 GUARANTEE OF COMPLETION, OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move that the City Council dispense with the rule requiring the ordinance be read on three different days and that the three readings be waived. ORDINANCE NO #614 AND SUMMARY AN ORDINANCE AMENDING A PORTION OF TITLE 10, PLANNING AND ZONING, CHAPTER 29 SUBDIVISION REGULATIONS, SECTION 4 APPLICATION AND FEES REQUIRED AND SECTION 15 GUARANTEE OF COMPLETION, OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. I move the adoption of ordinance 614 and summary as an ordinance of the City of Ammon on its third and final reading.