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09.03.2020CouncilPacket AMMON CITY COUNCIL MEETING THURSDAY, SEPTEMBER 3, 2020 7:00 P.M. 2135 SOUTH AMMON ROAD LIMITED SEATING WILL BE AVAILABLE IN THE CITY BUILDING MASKS ARE REQUIRED, TEMPERATURES MAY BE TAKEN AT THE DOOR THE MEETING WILL ALSO BE AVAILABLE VIA ZOOM: https://us02web.zoom.us/j/2086124000?pwd=d1NFL1QvM0NPRmV3VTRsYmNrbitUZz09 Dial In: 1-669-900-6833 Meeting ID: 208 612 4000 Passcode: 26666 AGENDA A. CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance Council Member Tibbitts Prayer Council Member Wheeler B. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. August 15, 2019, Regular Meeting (edited) ii. August 20, 2020, Regular Meeting C. PROCLAMATIONS AND ANNOUNCEMENTS D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD) E. ACTION ITEMS: 1. Ordinance 643 Ammon Lighting Districts No. 1 through No. 10 Annual Appropriations FY20-21 (Jennifer Belfield, Finance Director) F. PUBLIC HEARINGS: 1. 2020-030: Updated Annual Appropriations 2020-2021 (Fiscal Year 2021) G. ACTION ITEMS: 1. Ordinance 644 Fiscal Year 2020-2021 Annual Appropriation (Jennifer Belfield, Finance Director) 2. Findings of Fact, Conclusions of Law, and Decision Rocking R Subdivision (Cindy Donovan, City Planner) 3. Ordinance 642 and Summary Annexation of Rocking R Subdivision (Cindy Donovan, City Planner) 4. Annexation Agreement Rocking R Subdivision (Cindy Donovan, City Planner) 5. Approval/Rejection of Woodland Hills Playground Bid (Micah Austin, City Administrator) H. DISCUSSION ITEMS: 1. Staff Items 2. City Council Items 3. Items I. ADJOURN INDIVIDUALS NEEDING ACCOMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO Next Resolution Number: 2020-011R LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE Next Ordinance Number: 645 Mayor Sean Colettiat 7:00 p.m. Pledge of Allegiance CouncilmemberWessel Prayer CouncilmemberThompson Accounts Payable Exhibit A Minutes -June 6, 2019 Annexation Ordinance 1.Comprehensive Plan Land Use Map Amendment Barry South Property 2.Rezone 6.837 Acres from HC-1 to R-2Barry South Property 3.Bridgewater Divisions 8-12 Preliminary Plat 4.Resolution 2018-004RDeclaring a Water Conservation Order 5. 1.Misc. 1.Pending Litigation -Idaho Code 74-206 (1) (f) 2.Personnel Evaluations Idaho Code 74-206 (1) (b) 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 City Finance Officer Jennifer Belfield City Clerk Rachael Sanders City Planner Cindy Donovan None Mayor Sean Coletti called the meeting to order at 7:00 p.m.at the Ammon City Hall building located at2135 South Ammon Road. Councilmember Wessel led the Pledge of Allegiance. Councilmember Thompson offered a prayer. Councilmember Slack moved to amend the agenda to include Ordinance 624 and Ordinance 625for the FY2019-2020 Budgets, because they must be approved today. Councilmember Wessel seconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Wessel Yes, Councilmember Thompson Yes, Councilmember Powell Yes, Councilmember Wiscombe Yes, and Councilmember Tibbitts Yes. The motion passed. None Accounts Payable Exhibit A Minutes -June 6, 2019 Ammon City Council 09/01/2020Page 2 of 57 CouncilmemberTibbittsmoved to approve the Consent Agenda, as presented. CouncilmemberSlack seconded. Roll Call Vote: Councilmember Tibbitts Yes, Councilmember Slack Yes, Councilmember Wessel Yes, Councilmember Wiscombe Yes, Councilmember Powell Yesfor Exhibit A, and abstain for the Minutes because he was absent, and Councilmember Thompson Yes. The motion passed. CouncilmemberSlackmoved to enter into Session of the Lighting Districts, with the City Council acting as the Lighting Districts Board. CouncilmemberThompsonseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Thompson Yes, Councilmember Wessel Yes, Councilmember Powell Yes, Councilmember Wiscombe Yes, and Councilmember Tibbitts Yes. The motion passed. . . CouncilmemberSlackmoved to enter back into the RegularSession of the City Council Meeting. CouncilmemberThompsonseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Thompson Yes, Councilmember Wessel Yes, Councilmember Powell Yes, Councilmember Wiscombe Yes, and Councilmember Tibbitts Yes. The motion passed. None Austin Explained that the annexation ordinance is not required to have a public hearing, but he wanted to notice this on the agenda and allow anyone to speak on it. Austin reported the language changesand updates to the annexation ordinance that had been discussed at a previous meeting. Discussion ensued. Donovan presented the following information to the Mayor and City Council: Ώ Parcel will be built out as a combination of single-family attached dwellings and commercial buildings Ώ The addition of the residential zone will allow for a transition from medium density residential to the west to commercial on the east Ώ Annexation agreement was signed on April 20, 2006 Ώ Current designation Highway Commercial Ώ Total acreage: 32.374 acres th Ώ Property is located north of 49South, east of Summerwood Lane, south of Sunnyside Road, west of South th 35East (Ammon Road). Ώ Development will allow access from east to west Ώ Request being presented by Kurt Roland, Eagle Rock Engineering Ώ To amend the Comprehensive Plan Land Use map to reflect 6.837 acres to Medium High Density Residential to allow for attached single-family dwellings Ammon City Council 09/01/2020Page 3 of 57 CouncilmemberSlackmoved to approve the Comprehensive Plan Land Use Map amendment for the Barry South Property to include 6.837 acres of Medium High Density Residential, finding it is in compliance with the Comprehensive Plan. CouncilmemberTibbittsseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Tibbitts Yes, Councilmember Wiscombe Yes, Councilmember Powell Yes, Councilmember Wessel Yes, and Councilmember Thompson Yes. The motion passed. Donovan presented the following information to the Mayor and City Council: Ώ Parcel will be built out as a combination of single-family attached dwellings and commercial buildings Ώ The addition of the residential zone will allow for a transition from lesser density residential to the west to commercial on the east Ώ Annexation agreement was signed on April 20, 2006 Ώ Current zoning: HC-1 Ώ Total acreage: 32.374 acres th Ώ Property is located north of 49South, east of Summerwood Lane, south of Sunnyside Road, west of South th 35East (Ammon Road). Ώ Development will allow access from east to west Ώ Request being presented by Kurt Roland, Eagle Rock Engineering Ώ To rezone 6.837 acres to R-2 to allow for attached single-family dwellings Ώ The objective in establishing the R-2 Residence Zone is to encourage the creation and maintenance of residential areas within the City which are characterized by smaller dwellings, somewhat more compact and denser residential development. This zone falls under the medium high density designation, no more than eight (8.0) dwelling units shallbe permitted per acres. The principal permitted uses in the R-2 Residence Zone shall be single-family detached dwelling units, buildings containing two (2), three (3), or four (4) zero lot line single-family attached dwelling units, and certain other public facilities which are necessary to promote and maintain stable residential areas. Ώ The HC-1 Highway Commercial Zone has been established as a district in which the primary use of the land is for retail stores and service establishments to serve the traveling public. This zone is usually located at specific locations along arterial roadways throughout the City, and is characterized by buildings set back from the right-of- way line and having a wide variety of architectural forms and shapes. CouncilmemberSlackmoved to approve the Barry South Property Rezone from HC-1 and R-2, finding it is in compliance with the Comprehensive Plan and meets the City Ordinance. CouncilmemberTibbittsseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Tibbitts Yes, Councilmember Wiscombe Yes, Councilmember Powell Yes, Councilmember Wessel Yes, and Councilmember Thompson Yes. The motion passed. Donovan presented the following information to the Mayor and City Council:Discussion ensued regarding pressurized irrigation for a park that is currently being constructed, and will be turned over to the City for upkeep. Ώ Parcel will be built out as a combination of single-family attached and detached dwellings Ώ Parcel will be divided into 94 lots; Division 8 has 24 lots, Division 9 has 27 lots, Division 10 has 11 lots, Division 11 had 15 lots, Division 12 has 17 lots Ώ Annexation agreement was signed on April 20, 2006 Ώ Current zoning: R1-A and RP-A Ώ Total acreage: 34.82 acres Ώ Average lot size: .37 acres th Ώ Property is located north of Cross Lane, east of North 25East (Hitt Road), south of Greenwillow Lane, th west of North 35East (Ammon Road). Ώ Division 9 will allow access to the South Ώ Division 8 and 9 include R1-A lots and RP-A lots, rezone to R1-A approved February 21, 2019 Ώ Division 10, 11, and 12 include RP-A lots Ώ Request being presented by Blake Jolley, Connect Engineering Ώ To subdivide the parcel into 5 divisions with a total of 94 lots Ammon City Council 09/01/2020Page 4 of 57 Ώ The objectives in establishing the RP-A Residence Zone is to provide a residential environment within the City which is characterized by smaller lots and somewhat denser residential environment than is characteristic of the RP Residence Zone. Nevertheless, this zone is characterized by spacious yards and other residential amenities adequate to maintain desirable single-family residential conditions. The principal uses permitted in this zone shall be single-family dwelling units and certain other public facilities needed to promote and maintain stable residential neighborhoods. No single lot, regardless of the status of platting in the RP-A Residence Zone shall contain more than one dwelling unit, except as specifically allowed by this Title. This zone falls under the low density designation and does not allow density that will exceed 2.5 living units per acre. Ώ The objective in establishing the R1-A Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width. Also characteristic of this zone are residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R1-A Residence Zone shall be single-family dwelling units and one structure containing two (2) single family dwelling units as ordinarily referred to as townhouses and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone falls under the medium density designation and does not allow density that will exceed 4 dwelling units per acre. Ώ Title 10 Chapter 29 Section 7 this section details the requirements of a preliminary plat CouncilmemberTibbittsmoved to approve the Bridgewater Division 8-12 Preliminary Plat, finding it is in compliance with the Comprehensive Plan and meets the City ordinance, subject to technical review. Councilmember Slackseconded. Roll Call Vote: Councilmember Tibbitts Yes,Councilmember Slack Yes, Councilmember Wessel Yes, Councilmember Thompson Yes, Councilmember Powell Yes, and Councilmember Wiscombe Yes. The motion passed. Mayor Coletti reviewed the history of the water conservation order in Ammon and noted that the Ordinance related allows the Mayor to make an order and does not require a resolution each year. Coletti explained that with the installation of meters, there was no longer a need for an ongoing conservation order as one could be declared in times of need. Coletti and Austin discussed with the council the 16% reduction in water use that had been seen so far adding that water meters were the catalyst for conservation. Austin also noted that numbers would increase as water usage during watering season. Council discussed the implications of removing the day restrictions for watering and what the system wide impact could be if overload occurred. Councilmember Slack moved that Resolution 2018-004R be rescinded effective immediately. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Powell Yes, Councilmember Tibbitts Yes, Councilmember Wiscombe Yes, Councilmember Thompson Yes, and Councilmember Wessel Yes. The motion passed. Donovan reported on a conversation she had with a party interested in building tiny houses, less than 1,000 sq. ft., they Ammon City Council 09/01/2020Page 5 of 57 will have smaller side yards,would still be stick built buildings,and would not be units built on a trailer. She is asking for guidancefrom the Council.Mayor Coletti asked if Donovan felt there was a market for it in the City. Discussion ensued regarding building codes, and setbacks. Austin discussed cottage developments. Tom Hunsaker reported on the discussion at Planning and Zoning regarding tiny homes. Donovan reported about a request for a location for a beer and wine locationand their location does not want to have the requirement for serving food. Their current location at the Snake River Landing has menus from nearby locations where people bring food in. Donovan explained the city code with regard to alcohol licensing. Discussion ensued. The Council agreed that it would be worth looking into. Bono updated the Mayor and Council regarding current road improvement projects, and the meter installation progress. Mayor Coletti discussed level pay for water usage customers. CouncilmemberSlackmovedto enter into Executive Session pursuant to Idaho Code 74-206 (1) (f) & (1) (b). CouncilmemberPowellseconded. Roll Call Vote: Councilmember Slack Yes, Councilmember Powell Yes, Councilmember Wiscombe Yes, Councilmember Tibbitts Yes, Councilmember Thompson Yes, and Councilmember Wessel Yes. The motion passed. Executive Session convened at8:52p.m. The meeting adjourned at9:08p.m. _________________________________ Sean Coletti, Mayor _________________________________ Kristina Buchan, City Clerk edited 8/2020 reapproved 9/3/2020 Ammon City Council 09/01/2020Page 6 of 57 AMMON CITY COUNCIL MEETING THURSDAY, AUGUST 20, 2020 7:00 P.M. 2135 SOUTH AMMON ROAD AGENDA A.CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance Council Member Wheeler Prayer Council Member Thompson B.CONSENT AGENDA: 1.Accounts Payable Report: Exhibit A 2.Minutes: i.August 6, Regular Meeting ii.August 13, Work Session C.PROCLAMATIONS AND ANNOUNCEMENTS AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD) D.CONSENT AGENDA: 1.Lighting District Accounts Payable RETURN TO AMMON CITY COUNCIL E.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) F.PUBLIC HEARINGS: 1.2020-006 Rocking R Subdivision Annexation G.ACTION ITEMS: 1.Approval/Rejection of Bids for Well and Pump Station 13 ˁƩğĭǤ .ƚƓƚͲ /źƷǤ 9ƓŭźƓĻĻƩΜ H.DISCUSSION ITEMS: 1.Staff Items 2.City Council Items 3.Items I.EXECUTIVE SESSION: 1.Real Property Acquisition Idaho Code 74-206 (1) (c) J.ACTION ITEMS: th 1.Purchasing Agreement Recreation Fields and Easements at 49 South and Ammon Road K.ADJOURN MINUTES City Officials Present: Mayor Sean Coletti Council President Russell Slack Councilmember Rex Thompson Councilmember Scott Wessel Councilmember Craig Tibbitts Councilmember Byron Wiscombe Councilmember Josh Wheeler City Attorney Scott Hall Ammon City Council 09/01/2020Page 7 of 57 City Administrator Micah Austin City Planner Cindy Donovan City Engineer Tracy Bono City Clerk Kristina Buchan A.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. Council Member Wheeler led the Pledge of Allegiance and Council Member Thompson offered a prayer. B.CONSENT AGENDA: a.Accounts Payable Report: Exhibit A b.Minutes: i.August 6, Regular Meeting ii.August 13, Work Session It was moved by Council Member Wiscombe and seconded by Council President Slack to approve the consent agenda. Motion passes unanimously with vote by roll call C.PROCLAMATIONS AND ANNOUNCEMENTS There were no proclamations or announcements. AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD) It was moved by Council President Slack and seconded by Council Member Wheeler to move into the Lighting District Board. Motion passes unanimously with vote by roll call D.CONSENT AGENDA: 1.Lighting District Accounts Payable It was moved by Council President Slack and seconded by Council Member Wiscombe to approve the consent agenda. Motion passes unanimously with vote by roll call It was moved by Council President Slack and seconded by Council Member Tibbitts to end the Lighting District Board and return to regular Council activity. Motion passes unanimously with vote by roll call RETURN TO AMMON CITY COUNCIL E.PUBLIC HEARINGS: 1.2020-006 Rocking R Subdivision Annexation Mayor Coletti discussed the steps required for those wishing to provide testimony and limited testimony to three minutes per individual and Administrator Micah Austin gave a brief introduction into the matter at hand and reviewed the section of Code specifically dealing with annexations and what items Council was to be considering when hearing testimony. Austin explained that the proposal was in compliance with the Comprehensive Plan Narrative but would require further discussion as to the land use map as it currently exists. Counsel Scott Hall reminded Council and the Public that when the hearing is completed, no further testimony is to be given by the public or considered by the Council. City Planner Cindy Donovan reviewed the application as it was being presented and discussed the previous hearings and discussion that had been presented at Planning and Zoning hearings and meetings. Mayor Coletti opened the Public Hearing. Ammon City Council 09/01/2020Page 8 of 57 th Diana Burke, 2911 S 25 E, provided testimony to Council as a daughter of the original homesteaders of the land. Ms. Burke provided a PowerPoint presentation as part of her testimony and gave Council background on her family and their history in the area. Ms. Burke noted that the land in question is intended as a place for middle class families to raise their families in a peaceful, clean community. Ms. Burke added that the proposed zoning would get the most benefit out of the land for both the family and the City. Ms. Burke added that the family and developer had spent many hours working with the City to develop a plan that would be well received. McKay Harper, 573 N 700 W, Provo Utah, presented to Council as the developer of the land. Mr. Harper began with an explanation of the appropriateness of the suggested zones for the annexation. Mr. Harper also continued with the PowerPoint begun by Ms. Burke. Mr. Harper added that according to BMPO long-term studies, commercial properties on arterial roads are suggested and follow the standards set forward by the Ammon Comprehensive Plan. Council Member Thompson asked if a preliminary plat would be submitted with the annexation, Harper confirmed that anything required by the City would be submitted for review. Doyle Robertson, 4561 E Sunnyside Rd, testified as an owner of the land. Mr. Robertson noted that their plans for annexation were presented with the desire to benefit the entire community. Mr. Robertson complimented City Staff for the professionalism and decency while working with the Robertson family. Mr. Robertson addressed a concern regarding the location of the land and whether ioned in the comprehensive plan and brought forth the original consideration based on the water lines in the area. Mr. Robertson noted that the annexation would benefit many families and the entire community if it is completed. Dell Robertson, 5699 E Lincoln Rd, spoke to add some new perspective on the issue. Mr. Robertson added that 33 letters were sent to Ammon residents with only 8 negative responses were received and added that many individuals speaking against the annexation lived more than a mile away from the location in question. Council Member Thompson asked if the family wanted commercial property to be included in the request, Mr. Robertson responded that yes, the family did want commercial to be part of the annexation. James Sterling Darrah, 4125 Wanda, bega to the Public Hearing, he was asked to wait to speak until the opportunity for Public Comment later in the meeting. BJ Driscoll, 414 Shoup Ave, Idaho Falls, ID, began his testimony noting that he would go over the allotted three minutes but presented a list of individuals willing to cede their time, Mayor Coletti allowed the extended testimony. Mr. Driscoll noted that he is an attorney focusing largely on municipal and land use issues. Mr. Driscoll noted that he was speaking on behalf of 34 individuals in opposition of the annexation. Mr. Driscoll brought forward an appeal of the Rocking R Annexation based on Ammon Code 10-5-4 that would require five out of six Council members vote in favor of the annexation. Mr. Driscoll noted that, in his opinion, the application does not comply with City Code or with the Comprehensive Plan adding that the opposition was not related to the commercial proposal but only based on the residential areas. Mr. Driscoll reviewed the items that would be required for an appropriate annexation. Mr. Driscoll urged City Council not to waive the aforementioned requirements for the annexation and reiterated that the annexation was acceptable as long as the zones were changed to low density residential. Mr. Driscoll submitted his comments in written form to be included with the record. Ammon City Council 09/01/2020Page 9 of 57 Council President Slack asked for clarification on the individuals represented by Mr. Driscoll and where their homes were located in relation to the property being considered. Mr. Driscoll referred to the list of individuals provided to Staff with addresses. President Slack also asked for clarification on the request for lower density residential when part of the concern of the opposition is the lack of a buffer between commercial and residential properties. Mr. Driscoll added that he and his clients believed that the proposed change to residential zoning would provide a better buffer. Mr. Driscoll also added that perhaps a staggered approach to zoning, beginning with high and moving into low, would be acceptable as well. Stephanie Gifford, 4699 E Sunnyside Rd, testified as a County resident. Ms. Gifford reviewed the comments she had received from previous Planning and Zoning Commission and noted that she was speaking on behalf of a larger group of individuals with concerns about the proposed annexation. Ms. Gifford added that she would like to see a balanced approach to annexations within the community with consideration for the impact it would have on residents. Ms. Gifford expressed her frustrations as she felt the Planning and Zoning Commission had not responded to the concerns that have been presented. JeraLee Walker, 3460 S Ross, testified in opposition specifically to the commercial portion of the annexation. Ms. Walker added that the intersection of Crowley and Sunnyside was very busy and could pose a danger to residents and business goers. Ms. Walker added that she is in favor of annexation but is concerned with the proposed commercial zoning. Mayor Coletti then asked for any comment from those on Zoom. Brendan Kester, 4631 Ladyhawk, added his testimony on the concern for the zones included within the annexation and that additional studies had not been submitted for consideration. Mr. Harper was asked to present any comment on the opinions presented by the opposition. McKay Harper, 573 N 700 W, Provo Utah, added that they were not opposed to completing the studies and would defer to recommendations from staff on when those studies were needed. Mr. Harper suggested that a long term approach to development planning would benefit the City and would lead to future growth and avoid overload issues that could happen in the future. Counsel Hall noted that the original application had already been amended and asked if there was any consideration for further amendment of the residential portion of the plan. Mr. Harper deferred that response to the landowners. Doyle Robertson, 4561 E Sunnyside, rebutted with the examples of larger cities, such as Salt Lake City and Boise that have developed with low density residential, and noted that many areas have significant unused space that could be developed to add apartments or guest spaces could be built that still exist as an increased burden on City infrastructure. Mr. Robertson asked that decisions be made with consideration for the long-term impacts that could take place in the community and what would be best for the community as a whole. Mr. Robertson added that existing infrastructure supports the proposed annexation and zoning. Mayor Coletti asked Mr. Robertson if the family would consider changing the residential zoning portion of the proposed annexation. Mr. Robertson explained that the long-term impact of rezoning would not be beneficial to the community and he would not be in support of changing the residential zoning. Ammon City Council 09/01/2020Page 10 of 57 th Diana Burke, 2911 S 25 E, commented specifically on the concern regarding the commercial zoning. Ms. Robertson noted that thirty-three businesses already exist on Crowley Road and extending the commercial zoning makes sense for the area. Administrator Austin then reviewed a few of the items brought to Council for consideration. Austin reviewed the Annexation Ordinance included in Title 11 of Ammon City Code. Austin added that staff had not requested the studies originally and that the recommendation from staff was to postpone the studies at the time of annexation and instead require them as part of the Annexation Agreement to be considered in the future and that they had not been waived in entirety. Austin added that staff believed the best time to complete those studies would be with the annexation agreement and final plat submissions and consideration by Council. President Slack added that the section of Code being discussed was established based on the concerns originally brought forth by Council that led to the section being added. Slack also clarified if written waiver had been given as required by Code to which Austin responded that the Staff Report presented to Council was the written opinion of Staff on the matter. Mayor Coletti closed Public Hearing 2020-006 and Council returned to regular business. Mr. Driscoll asked for the opportunity to provide rebuttal but was reminded that the hearing had been closed. Council took a short recess. Administrator Austin clarified that studies in question during testimony were requested at the beginning of the submission process at which time staff decided to postpone those studies until the time of an annexation agreement based upon feedback from the land owners and developer. F.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) James Sterling Darrah, 4125 Wanda St., brought forth concerns regarding nuisances to include smoke, from campfire smoke, cigarettes and other means, as well as the use of pesticides that blow onto neighboring properties. Mr. Dara requested that residential campfire use be banned entirely. Mayor Coletti and Council suggested that Mr. Dara work with Fire Marshal Keith Banda to work towards a remedy. President Slack inquired as to why Mr. Dara was presenting to Council, Mr. Dara explained that members of his family have severe respiratory issues and have been impacted by recent campfires in their neighborhood. Rod Harris, 3585 S. Ross, brought forward his concerns from a previous meeting related to water heater pressure, water meters, and City water lines. forward at previous meetings and what action had been taken by the City to respond to each concern. Mayor Coletti advised Mr. Harris that staff continued to consider his concerns and were working toward a solution and next steps. G.ACTION ITEMS: 1.Approval/Rejection of Bids for Well and Pump Station 13 ˁƩğĭǤ .ƚƓƚͲ /źƷǤ 9ƓŭźƓĻĻƩΜ City Engineer Tracy Bono presented the bids to Council adding that each bid was well over the budget originally planned for by the department. Recommendation - Staff recommends rejecting all bids received for the construction of Pump Station #13 Summary of Analysis Ammon City Council 09/01/2020Page 11 of 57 1. Bid was done following the formal bid process. 2. Two bids were received, McAlvain for $4,729,000.00 and GSE Construction for $4,922,500.00 3. Based on the following criteria, Staff recommends rejecting all bids for this project: a. Exceeds budget available It was moved by Council Member Thompson and seconded by Council Member Wheeler to reject all bids received for Pump Station #13. Motion passes unanimously with vote by roll call H.DISCUSSION ITEMS: 1.Staff Items Administrator Austin updated Council on the railroad cars that have been located on the Ammon rail lines for quite some time. He added that after speaking with a local director, learned that the cars would remain for an extended time period as they were earning large sums of money for the business. 2.City Council Items 3. Mayor Coletti brought forward a proposed event to be considered by Council. The recreation department would like to host a winter bonfire in mid-January with planned burning for dead Christmas trees and a chance to gather as a community. Council will consider and discuss at a future date. Mayor Coletti discussed the REDI Board and what role Ammon ought to have on the board. He suggested that Council consider for the next year what the relationship ought to be in the future. I.EXECUTIVE SESSION: 1.Real Property Acquisition Idaho Code 74-206 (1) (c) There was no Executive Session J.ACTION ITEMS: th 1.Purchasing Agreement Recreation Fields and Easements at 49 South and Ammon Road No action was taken on this item. K.ADJOURN The Meeting was adjourned at 9:56pm. _____________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council 09/01/2020Page 12 of 57 Ammon City Council September 3, 2020 Mayor Coletti and City Councilmembers: Ordinance # 643 Ammon Lighting District FY 2021 Annual Appropriations Ordinance # 644 City of Ammon FY 2021 Annual Appropriations Staff Presenting: Jennifer Belfield, Finance Director Recommendation -Staff Recommends to adopt Ordinance 643 and 644 and waive the three readings. Summary of Analysis 1.All 10 of the Lighting Districts are similar to last year. Next year there will be some additional subdivisions and poles installed, so next year there will be updates. 2.June 11 Work Session all department heads attended the meeting and we all discussed the details of the Ammon budget. 3.July 9 Work Session the budgets were presented for general approval, and the binders were provided. 4.August 6 was the public hearing on the budgets. There were no items contended. 5.When we published for the public hearings on August 6 we estimated property taxes. After publishing, we received the final numbers. We republished for a public hearing September 3, 2020 to address the property taxes only. In the publication we included forgone, we will actually not be taking the forgone. 6.If we take the 3% increase, our levy rate will update to 0.002548805, reducing for the 5th year in a row. The difference to a resident on a $100,000 taxable value (meaning home is valued at $200,000 and the homeowners exemption is $100,000) from 2019 to 2020 is a reduction of $20.73. The property taxes paid would be $254.88. 7. 201820192020Year $894,921,016.00$1,045,331,105.00$1,211,139,509.00Taxable Market Value $2,689,547.00$2,881,006.00$3,086,959.00Property Tax to be Levied 0.0030053460.002756070.002548805Levy Rate Ammon City Council 09/01/2020Page 13 of 57 Financial Impact The budget allocates funds for priorities and level of service. All GL numbers will be impacted by the budget. The Water and Street funds are hopeful to do some capital projects, that will bring their cash balance below the desired investment policy levels. Motion I move to approve Ordinance 643 to accept the fiscal year 2021 Annual Appropriations Ordinance for the Ammon Lighting Districts 1 through 10 and waive the three readings. I move to approve Ordinance 644 to accept the fiscal year 2021 Annual Appropriations Ordinance for the City of Ammon and waive the three readings. Attachments: 1.Ordinance # 643 Ammon Lighting District FY 2021 Annual Appropriations 2.Ordinance # 644 City of Ammon FY 2021 Annual Appropriations Ammon City Council 09/01/2020Page 14 of 57 That the sum of $2,900 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 1, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2020. That the sum of $3,291 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 2, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2020. That the sum of $1,792 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 3, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2020. That the sum of $1,515 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 4, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2020. That the sum of$1,899 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 5, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2020. That the sum of $2,194 be, andthe same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 6, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2020. That the sum of $2,589 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 7, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2020. That the sum of $3,454 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 8, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2020. That the sum of $3,712 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 9, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2020. That the sum of $1,760 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 10, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2020. Ammon City Council 09/01/2020Page 15 of 57 The objects and purposes for which such appropriation is made, and the amount of each object and purpose is as follows: Lighting District No. 1$ 2,900 Lighting District No. 2$ 3,291 Lighting District No. 3$ 1,792 Lighting District No. 4 $ 1,515 Lighting District No. 5$1,899 LightingDistrict No. 6$ 2,194 Lighting District No. 7$ 2,589 Lighting District No. 8$3,454 Lighting District No. 9 $ 3,712 Lighting District No. 10 $1,760 ____________________________________________________ That a general tax levy on all taxable property within the Ammon Lighting Districts No. 1 through No. 10, 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, 2020. This ordinance is hereby declared to be severable. Should any portion of thisordinance 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. 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. under suspension of rules upon which a roll call vote was taken and duly enacted an Ordinance of the Ammon Lighting Districts No. 1 through No. 10, City of Ammon, Bonneville County, Idaho at a convened meeting of the Lighting Districts Board held on the 3rd day of September, 2020. _________________________________ Sean Coletti, Chairman Ammon Lighting Districts No. 1 through No. 10 ____________________________________ Kristina Buchan, District Clerk Ammon Lighting Districts No. 1 through No. 10 Ammon City Council 09/01/2020Page 16 of 57 PROCEDURE TO ADOPT AN ORDINANCE Ordinance No.643introduced and read by title. Councilperson moves: Councilperson seconds: Roll call vote on motion. Ordinance again read by title and read in full. Councilperson moves: Councilperson seconds: Roll call vote. Ammon City Council 09/01/2020Page 17 of 57 !..5!, !002/02)!4)/. "),, /& ΑΏΑΏ-2021 That the sum of $28,337,184 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, 2020. The objects and purposes for which such appropriation is made, and the amount of each object and purpose is as follows: Legislative 184,836 Executive2,367,054 Finance860,007 Clerk136,470 Planning & Zoning132,796 Engineering160,695 Fire 1,336,383 Law Enforcement1,749,551 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, 2020. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a courtof 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. This ordinance shall take effect and be infull 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. Ammon City Council 09/01/2020Page 18 of 57 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 meeting of the City of Ammon City Council held on the 3rd day of September, 2020. Sean Coletti, Mayor City of Ammon Kristina Buchan, City Clerk City of Ammon Ammon City Council 09/01/2020Page 19 of 57 PROCEDURE TO ADOPT AN ORDINANCE Ordinance No.644introduced and read by title. Councilperson moves: Councilperson seconds: Roll call vote on motion. Ordinance again read by title and read in full. Councilperson moves: Councilperson seconds: Roll call vote. Ammon City Council 09/01/2020Page 20 of 57 AMMON CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION SEPTEMBER 3, 2020 PROJECT: Rocking R Annexation APPLICANT: Robertson Corner, LLC, represented by McKay Harper, Engineer, and Doyle Robertson, Diana Burke, Dell Robertson, Applicants OWNER: Robertson Corner, LLC. APPLICANT REQUEST: Annexation of 20.46 acres with an initial zoning of LC/PB (2.56 acres) and R-1 (17.90 acres) BACKGROUND FACTS -Parcel is currently used for residential/agriculture in Bonneville County -Applicant Request is for LC/PB (2.56 acres), Light commercial and R-1 (17.90 acres), single-family detached residential -At the time of application, no preliminary or final plat has been received -Requested initial zoning: Light Commercial/Professional Business (LC/PB) and Medium Density Residential (R-1) -Total acreage: 20.46 acres; LC/PB = 2.56 acres. R-1 = 17.90 acres -Property is located north of Sunnyside Road, east of 45th East (Crowley Road), south of Majestic View Drive, west of Rancho Via Drive Planning and Zoning Commission Review and Findings -Original Public Hearing scheduled for April 1, 2020 was postponed to May 6, 2020 due to the COVID-19 restrictions -Public Hearing was held on May 6, 2020 via the ZOOM platform and was continued to July 1, 2020 to allow for those unable to attend via ZOOM to attend in person -Public Hearing was held on July 1, 2020 via ZOOM and in person, a recommendation for approval was made -Findings: 1.There is a current need for development of additional medium density housing. 2.hange of commercial zoning request from HC-1 (heavy commercial) to LC/PB (light commercial) brings commercial request into compliance with the Comprehensive Plan. 3.The Commission finds the application is best for the community as a whole and LC/PB is compliant with the Comprehensive Plan Land Use Map. 4.The Commission finds the medium density matches the Comprehensive Plan narrative for buffering (pages 21-22) between commercial and residential use. Public Hearing -Planning and Zoning Commission o May 6, 2020 o July 1, 2020 -City Council o August 20, 2020 Ammon City Council 09/01/2020Page 21 of 57 FINDINGS OF FACT 1.The City Council finds the Rocking R request in general compliance with the 2018 Comprehensive Plan. Table 1 (below) summarizes these findings. 2.The City Council finds that the Rocking R annexation request is in compliance with the zoning ordinance and protects and improves the public health, safety and welfare. These findings are summarized in Table 2 (below). 3.The City Council finds that the Rocking R annexation request will not have a negative fiscal impact upon the existing citizens of the City of Ammon. TABLE 1 SUPPORTING SUMMARY OF COMPLIANCE OF PROPOSED ANNEXATION SECTION WITH THE 2018 COMPREHENSIVE PLAN General Compliance The Comprehensive Plan states the following: 1.Regional and community commercial uses line 25th East and portions of 17th Street, one a major arterial street and the other a minor arterial street. 2.In limited and newer locations, high density residential uses buffer medium residential uses from commercial uses (Figure 3). 3.Community and neighborhood commercial uses have been channeled to the intersections of major or minor arterial streets. 4.Secondary school facilities buffer medium density residential uses from General Compliance regional commercial uses. 5.Elementary schools are generally located in the center of the residential neighborhoods they serve. 6. In certain limited locations, parks reflect natural features or limitations to development. 7.Development on the foothills is generally proposed to be lower density; therefore, residential densities generally decrease further from regional commercial land uses and 25th East. Densities decrease as one travels farther from commercial land uses. 8.Residential densities are predominantly less than four units per acre. Land Use Chapter 10 This section of the Comprehensive Plan lays out the policies to be used in use map. The future land use map is a graphic representation of the policies within this chapter. The map is created by using the policies, existing land use patterns, proposed transportation systems, natural features such as the foothills and flood hazard areas/floodplains, population projections, and the ideas and opinions contributed during the citizen participation process. The comprehensive land use map can be found at www.cityofammon.us. Since the future land use map is a generalized representation of the following policies, the policies are controlling. The policies outlined in this chapter are to be consulted and used when staff, the Planning and Zoning Commission and the City Council are reviewing: Requests for zoning changes, Requests for annexations and initial zoning, Plans and expenditures for expansion of major infrastructure such as water and sewer trunk lines and transportation facilities which encourage growth, Ammon City Council 09/01/2020Page 22 of 57 Plans for new major infrastructure such as parks, schools, and fire stations which will channel growth to certain locations, and Requests or investments in major public buildings such as city halls, libraries, recreation centers or city center facilities. recognize and respect its rural roots yet provides a variety of housing types and styles for its residents; encourages shopping opportunities for the region, community, and neighborhood; continues to support and enhance the st infrastructure necessary to work and live successfully in the 21 Century; works to attract tech and professional businesses to the community; uses its natural features for open space and recreation; and through a public/private partnership, builds a city center or gathering place which provides a walkable environment of mixed-uses including community event space, small shops, public buildings, and mixed housing types housing and offices. Policies Based on Existing Land Use Patterns Chapter 10 The land use policies and, therefore, future land use map reflect these existing patterns in land use in Ammon: Page 21, Item 1 - In limited and newer locations, high density residential uses buffer medium residential uses from commercial uses Page 21, Item 2 - Community and neighborhood commercial uses have been channeled to the intersections of major or minor arterial streets. Page 22, Item 7 - Development on the foothills is generally proposed to be lower density; therefore, residential densities generally decrease further from regional th commercial land uses and 25 East. Densities decrease as one travels farther from commercial land uses. Land Use Policies and Strategies Chapter 10 Page 22, Item 5 - Protect the public investment in major transportation corridors through land use decisions which discourage strip commercial development; discourage mid-block commercial uses except on designated arterial roadways; require, when necessary due to anticipated traffic demand, traffic studies and related improvements; control highway access; and use landscaping to beautify as well as control traffic movement. Page 22, Item 6 - Recognize the benefits of different residential street layouts and encourage the use of the one which is most beneficial to the public in the proposed location. Grid layouts disperse local traffic, enhance walkability, and connect neighborhoods. Circular street layouts reduce costs for construction and maintenance, reduce the amount of impermeable cover, discourage through traffic, and encourage layouts which protect sensitive lands. Cul-de-sacs share the benefits of circular street layouts but should be used only when staff, Planning and Zoning and the City Council agree it to be in the best interest of the residents. Cul-de-sacs, while providing benefits, also provide significant issues when considering parking and snow removal. Page 23, Item 9 - Establish land use patterns which build on existing water and sewer facilities. Page 24, Item 14 - Locate commercial and higher density residential uses at or near intersections of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. Page 25, Item 16 - Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. Medium Density Residential Chapter 10 1.The maximum density is four units per acre. Ammon City Council 09/01/2020Page 23 of 57 2.Medium density is envisioned to consist of single-family detached homes on smaller lots as well as single-family attached twin-homes. Often homes built at such densities will be a buffer between residential developments of higher densities and single-family homes on large lots or will be located on entrance ways to residential subdivisions. TABLE 2 Compliant Standards and Council Findings Yes No N/A Standard City Standards and Council Findings 10-36-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing a LC/PB, Light Commercial and Professional Business Zone is to provide for professional offices and small light commercial business adjacent to or near residential zones. Usually this zone would be in areas along arterial roadways that may be surrounded by or very near single family residential zones. This zone is characterized by uses that generate relatively moderate traffic volume and a wide variety of building types. The nature of this zone would normally lend itself to parcels of property in size of one (1) to five (5) acres although this could vary by location of property and adjacent residentially zoned properties. 10-14-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-1 Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width and a somewhat denser residential environment. Also characteristic of this zone are residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R-1 Residence Zone shall be single family dwelling units and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone falls under the medium density designation and does not allow density that will exceed 4 living units per acre. Council Findings: The City Council finds the annexation application in compliance with these standards. 11-1-1 Title This title of 11-1-2 Purpose: The City of Ammon finds that that the establishment of annexation procedures will promote uniformity and certainty in annexation applications and that the establishment of annexation procedures will promote the public health, safety and general welfare. This ordinance is intended to encourage collaboration between property owners and city officials when considering any application for an annexation request in order to arrive at the most sustainable outcome for the community. Unless there are compelling reasons which the City Administrator and Planning and Zoning Administrator give written waiver, the applicant shall submit plans and applicable studies for all components of the proposed annexation. The annexation process, as described and required by this ordinance is collaborative. Council Findings: Council Finds that the studies required by the chapter in 11-1-6L are hereby waived for the purposes of the annexation application but are required to be submitted and approved by the City prior to submitting a preliminary plat. The City reserves all rights to require the implementation of various traffic, water, sewer, floodplain, and other requirements as determined by the City engineer Ammon City Council 09/01/2020Page 24 of 57 following the submittal of said studies. Pressurized irrigation will be required for landscape watering, which will allow for decreased water usage by the residences. The annexation agreement will reflect these requirements. 11-1-3 Applicability Any request for an annexation shall be controlled by the provisions of this Title. To the extent the procedures of this Title conflict with the procedures of Idaho Code §50-222 and other applicable state statutes, the provisions of state law shall control. Council Findings: The application is in accordance with the provisions of this title and Idaho Code. 11-1-4 Application Process and Fees An application for an annexation of real property into the City of Ammon shall be filed with the Ammon owner of the real property or by at least one holder of an interest in real property for which the annexation is proposed. The applicant shall pay the non-refundable application fee for the proposed annexation, as established by resolution of the City Council, at the time of the filing of the annexation application. In the event an application for annexation is approved and an annexation ordinance is adopted, the applicant will be required to pay for all costs associated with the filing of the annexation ordinance and the preparation of the legal description and a map prepared in a draftsman-like manner that designates the boundaries of annexed property to be recorded with the county recorder pursuant to state law. Council Findings: The application has been provided and fees have been paid. 11-1-5 Concurrent Zoning Classification The City shall concurrently with the application for annexation consider an application for a zoning classification consistent with the requirements (including notice provisions) and standards of the Official City Code of the City of Ammon. The City shall not consider any other application by the applicant on the subject property ces unless and until the application for annexation has been approved and an annexation ordinance has been adopted and published in accordance with state law. Council Findings: The zones of Light Commercial (LC/PB) and Residential (R-1) have been requested. Council finds these zoning requests in general compliance with the Comprehensive Plan. The City Council finds that the zoning takes into account the factors in the comprehensive plan in light of the present factual circumstances surrounding the request. 11-1-6 Submittal Requirements for Annexation greater than Ten (10) acres For annexations involving more than ten (10) or more acres of real property, the application shall include the following: A.Application fees established by resolution. B.A statement of the size of the property in square footage and acres. C.A description of the proposed project, including the approximate: 1.Number and size of proposed lots 2.Length and location of the proposed water and sewer mains 3.Length and location of proposed streets and alleys 4.Length and location of the proposed sidewalks. 5.Acreage and location of any parks, trails, and/or open spaces. D.A schematic design of the entire project showing the proposed uses, density, streets, alleys, easements, and proposed size and location of open spaces and parks. Ammon City Council 09/01/2020Page 25 of 57 E.A statement describing how the proposed project complies with specific goals and policies of the Ammon Comprehensive Plan. F.A statement describing how the proposed project is compatible with adjacent neighborhoods within the City of Ammon. G.A statement describing how the applicable natural resources (e.g., water courses, springs, streams, wildlife, wildlife migration corridors, and access to public lands) and natural hazards (e.g., avalanche, floodplains and floodways) are incorporated into proposed project and/or mitigated. H.A statement describing what contributions and/or dedications the applicant is willing to make as part of the proposed annexation. I.A detailed description of how the annexation will impact the existing municipal infrastructure and services (e.g., water, sewer, streets, library, police, fire, schools, and parks). J.A statement of who will maintain the streets, alleys, parks and utilities (privately and publicly owned utilities) and how the maintenance of the streets, alleys, parks and utilities (privately and publicly owned utilities) will be funded. K.A phasing plan showing the proposed dates of construction and completion of phased construction for infrastructure, streets, alleys, utilities and all other development. L.Except as provided otherwise by this Title, the following studies shall be submitted: 1.Traffic Study. A traffic study shall be submitted showing impact on adjacent public streets that would serve the proposed project and the impact on all public streets within a three (3) mile radius of the proposed development. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. 2.Water Study. A water study shall be submitted showing how the development will be serviced with city water, the impact the development will have on existing groundwater rights, and the upgrades necessary to the Ammon city water system to fully service the development. The water study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in water studies. 3.Wastewater Study. A wastewater study shall be submitted showing how the development will be serviced for wastewater, the impact the development will have on existing wastewater systems, and the upgrades necessary to the Ammon wastewater system to fully service the development. The wastewater study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in wastewater studies. 4.Floodplain Study. If any portion of the proposed annexation is located within a federally designated floodplain, a Floodplain Study shall be submitting showing how the development will impact the existing floodplain and how the development will impact all property owners downstream of the mapped floodplain 5.A Level I environmental study showing the presence of any hazardous waste. M.A list of names and mailing addresses of all property owners within three and the names and mailing addresses of all easement holders within the proposed annexation. Ammon City Council 09/01/2020Page 26 of 57 N.A fiscal impact analysis or an updated fiscal impact analysis showing a comprehensive analysis of the costs and benefits of annexation the proposed development into the City of Ammon. The analysis may be submitted at the time of the application for annexation but no later than when the application is reviewed by the Ammon Planning and Zoning a qualified and independent person or firm acceptable by the City Council and in a format acceptable by the City Council, to determine the proposed to compensate for anticipated costs. Based on the fiscal impact analysis and any other study provided and consulted during the annexation process, the Council retains the right to require further monetary or non-monetary contributions for any annexation. The applicant has the right to seek the such a fiscal impact study at any point in the annexation process. At the sole discretion of the City Council, the requirement to provide a fiscal impact analysis may be waived. The fiscal impact analysis may also be termed a cost/benefit analysis. Council Findings: Council Finds that the studies required by the chapter in 11-1-6L are hereby waived for the purposes of the annexation application but are required to be submitted and approved by the City prior to submitting a preliminary plat. This will be a condition of the annexation agreement. The City Council further finds that because there is not a preliminary plat presented at the present time, the requirement for said studies at the time of preliminary platting would better meet the intent of the Comprehensive Plan and Title 11 of The Ammon City Code as it will allow for the timing of various issues so that informed and effective decisions can be made regarding traffic, water impact, wastewater impact, floodplain impact, etc., at a time that if more relevant to proper city planning and development. At the time of the enactment of Title 11, the City Council, specifically discussed the importance of flexibility with applications and studies based on the size of the annexation, the stage of development (ie: whether there were imminent preliminary and final plats to be presented), etc. In compliance with the intent of Title 11, It would be illogical to require various studies at the present time when there is no preliminary plat presented. 11-1-8 Certification and Review The Planning and Zoning Administrator shall review the application to determine whether the application is complete. Once the Administrator finds the application complete, the Administrator shall submit the application for review and comment to the applicable City departments and appointed recommending boards. Following receipt of comments by the City departments and boards, the Planning and Zoning Administrator shall schedule a meeting with the Ammon Planning and Zoning ext regular available meeting for review of the application by the Commission. Council Findings: The council finds the application in compliance with this requirement. 11-1-10 Commission Review The Commission shall conduct a public hearing to review the application for annexation. The Commission shall review the particular facts and circumstances of a proposed annexation for the purpose of determining the following: Ammon City Council 09/01/2020Page 27 of 57 (1) Whether the proposed annexation will be harmonious and in accordance with specific goals and policies of applicable components of the Ammon Comprehensive Plan; and (2) Whether the proposed annexation generally complies with the Ammon Comprehensive Plan. The Commission shall also make a recommendation that the property sought to be annexed should be zoned as one or more particular zoning districts, as more fully described in the Zoning Ordinance of the City of Ammon. The Commission shall make recommendation for zoning. The Commission shall forward those findings and conclusions and their recommendation in writing to the Council and the applicant. Council Findings: The council finds the application in compliance with this requirement. A Public Hearing was held by Planning and Zoning Commission on May 6, 2020 and was continued to July 1, 2020 to allow for in-person testimony. A public hearing was held before City Council on August 20, 2020. Based on these public hearings and information present, the Council finds the annexation request in compliance with the requirements of this section. 11-1-11 11-1-11 COUNCIL REVIEW. A.Conduct and Notice of Council Hearing. Upon receipt of the public hearing to review the application for annexation. Notice of the public hearing shall be conducted in the same manner as the notice for a Commission hearing as described in this title. The Council shall have the right to request further information deemed necessary by the Council at any time during the proceedings. B.Findings. During the public hearing process of the application for annexation, the Council shall make its own findings of fact and conclusions of law to determine: 1.Whether the proposed annexation will be harmonious and in accordance with the Ammon Comprehensive Plan 2.Whether the proposed annexation protects and improves the public health, safety, and welfare. 3.Whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Ammon at the time of an annexation and in the future. If the Council finds general compliance with the Ammon Comprehensive Plan, the Council shall then consider the application for a zoning classification and consider any and all factors it deems, in its sole and absolute discretion, important to determine whether an application for annexation shall be granted or denied. If the Commission made negative findings related to the Comprehensive Plan and therefore did not make a recommendation on zoning classification for the property sought to be annexed, but the Council subsequently made favorable findings related to the Comprehensive Plan and wishes to proceed with the annexation, the Council shall remand the proceedings to the Commission for its recommendation on zoning classification. C.Decision. The Council has the sole and absolute discretionary right to approve, approve with conditions or deny an application for annexation. In addition, the Council is authorized to require, as a condition of approval, that the applicant and the City enter into an annexation agreement providing for the terms and conditions of an approved annexation. In the event a subsequent development proposal materially differs from the development Ammon City Council 09/01/2020Page 28 of 57 shown in approved annexation, the annexation agreement shall provide that the proposed development may be denied, that the applicant shall be responsible for any increased annexation fees and/or that the property may be deannexed. There shall be no right of an appeal by an applicant or by an affected party from an adverse recommendation by the Commission or from an adverse decision of the Council on an annexation application. If the Council elects to approve the application for annexation with or without conditions, the Council shall also establish the appropriate zoning district(s) for the annexed property in accordance with the Zoning Ordinance of the City of Ammon Council Findings: The council finds the application in compliance with this requirement. A Public Hearing was held by Planning and Zoning Commission on May 6, 2020 and was continued to July 1, 2020 to allow for in-person testimony. A public hearing was held before City Council on August 20, 2020. Based on these public hearings and information present, the Council finds the annexation request in compliance with the requirements of this section. CONCLUSIONS OF LAW 1.The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2.Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; 3.Under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures ordinance, Title 11. 4. the Ammon Municipal Code. 5.The City of Ammon has provided adequate notice for the review of this application. 6.The project meets the standards of approval under Title 11 of the Ammon Municipal Code and Title 50-222 of Idaho Code. DECISION THEREFORE, the Ammon City Council approves this annexation application this Thursday, September 3, 2020, subject to the following conditions: 1.The annexed territory shall have a zoning designation of LC/PB on 2.56 acres and R-1 on 17.90 acres, as presented and requested by the applicant. 2.The applicant shall agree to an annexation agreement that will require, among other things, that all studies listed in 11-1-6 must be submitted and approved by the City prior to submission of any preliminary plat. The annexation agreement shall include other standards and requirements. 3.The City Council shall adopt and publish an ordinance according to Idaho, thereby annexing this territory into the City of Ammon corporate limits. The annexation shall not be official until this ordinance is published. Ammon City Council 09/01/2020Page 29 of 57 The City Council of the City of Ammon hereby adopt these Findings of Fact, Conclusions of Law, and Decision this 3rd day of September, 2020. ________________________________ Mayor Sean Coletti _______________________________ Attest: Kristina Buchan, City Clerk Ammon City Council 09/01/2020Page 30 of 57 . BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: WHEREAS, the land and property hereinafter described is contiguous and adjacent to the city boundaries of the City of Ammon, Bonneville County, Idaho, and the City has received a petition to annex said property to the City of Ammon and the property is subject to annexation pursuant to the provisions of the Idaho Code; and, WHEREAS, the City Council of the City ofAmmon has determined that it wasnecessary to hold a public hearing before the City Council on the request for annexation and the City Council held a public hearing in addition to the public hearing held beforethe Ammon Planning and Zoning Commission, and WHEREAS, public hearing #2020-006 was held before the Planning and Zoning Commission of the City of Ammon, on May 6, 2020 and July 1, 2020following proper legal requirements for advertisement of the hearing and recommendations were received from the Planning and Zoning Commission, and Ammon City Council 09/01/2020Page 31 of 57 WHEREAS, a public hearing #2020-006 was held before the City Council on August 20, 2020 following proper legal requirements for advertisement of the hearing. NOW THEREFORE, be it hereby ordained by the Mayor and City Council of the City of Ammon: Section 1. (1)The City Council adopted Findings of Fact, Conclusions of Law, and Decision on September 3, 2020. (2)That the property to be annexed is contiguous and adjacent to the City of Ammon and is subject to annexation to the City of Ammon. (3)That the zoning classification of LC/PBand R-1will becompatible with the comprehensive plan. Section 2. That the land and premises as described herein situated in Bonneville County, Idaho, shall be and the same hereby is annexed to the City of Ammon, Idaho and is declared to be within the City limits and a part of the City of Ammon, Bonneville County, Idaho and is described as follows: A Parcel of LandSituate in Bonneville County, State of Idaho, Township 2North, Range 38East of the Boise Meridian, Sections25 and 26; Beginning at the Southeast Corner of said Section 26, rded as Thence N0134'41"Walong the East line of said Section 26for a Distance of 143.00Feettothe True Point of Beginning. Thence N8744'07"Wfor a Distance of 45.18Feetmore or less to the East Right-of-Way line of th 45East (Crowley Road); Thence N0002'00"Walong said Right-of-Way line for a Distance of 936.81Feet; Thence S8843'24"Efor a Distance of 19.85Feetmore or less to the West line of said Section 25; ThenceS8843'for a Distance of 215.00Feet; Thence N0134'41"Wfor a Distance of 148.00Feet; Thence S8843'24"Efor a Distance of 106.95Feetto the Southwest Corner of Lot 1, Block 1 of the Cottonwood Hills Estates, Division No. 1, An Addition to the City of Ammon, Recorded as Thence S8843'24"Ealong the South line of said Cottonwood Hills Estates for a Distance of 624.95Feetto the West toe of the John Empy ditch as located by Record of Survey Instrument Thence S2141'54"W along said West toe for a Distance of 1166.87Feet; Thence N8744'07"Wfor a Distance of 485.70Feetto the True Point of Beginning, Containing 17.90Acres More or Less. Ammon City Council 09/01/2020Page 32 of 57 Easements and Right-of-Ways for highways, roads, ditches, canals, power poles, and transmission lines as they exist. A Parcel of Land Situate in Bonneville County, State of Idaho, Township 2 North, Range 38 East of the Boise Meridian, Sections 25, 26, 35 and 36; Beginning at the Southwest Corner of said Section 25, sai N01°34'41"W along the West line of said Section 25 for a Distance of 143.00 Feet to the intersection of a fence line bearing Easterly and Westerly, said point also being the True Point of Beginning. Thence S87°44'07"E for a Distance of 485.70 Feet to the West toe of the John Empy ditch as located by Record of Survey Instrument No. 1168057 and 1310905 asRecorded in the for a Distance of 133.27 Feet to the South line of said Section 25; Thence S32°19'21"W along said West toe into Section 36 for a Distance of 146.71 Feet more or less to the North Right-of- rd Way line of 33South (Sunnyside Road) as per Quitclaim Deed Instrument No. 1156196 as - of-Way line for a Distance of 330.48 Feet to West line of said Section 36; Thence N88°35'26"W along said North Right-of-Way line into Section 35 for a Distance of 50.26 Feet more or less to the intersection of the East Right-of-Way line of 45th East (Crowley Road); Thence N00°02'00"W along said Right-of-Way line for a Distance of 102.70 Feet to the North line of said Section 35; Thence N00°02'00"W along said Right-of-Way line into Section 26 for a Distance of 145.51 Feet to an existing fence corner, fence cline bearing North, South and Easterly; Thence S87°44'07"E along said fence line for a Distance of 45.18 Feet more or less to the True Point of Beginning, Containing 2.56 Acres More or Less. Easements and Right-of-Ways for highways, roads, ditches, canals, power poles, and transmission lines as they exist. Section 3. That the City Council does hereby amend the zoning map and the zoning classification for the property as described above. Section 4. This ordinance shall become effective upon its passage by the City Council, approval by the Mayor anddue publication. PASSED BY THE COUNCIL ANDAPPROVED BY THE MAYOR this 3rdday of September, 2020. ________________________________ Sean Coletti, Mayor City of Ammon ATTEST: ______________________________ Kristina Buchan, City Clerk City of Ammon Ammon City Council 09/01/2020Page 33 of 57 STATE OF IDAHO) ) ss. County of Bonneville) I, KRISTINA BUCHAN, 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, Datedthis 3rdday of September, 2020. ____________________________________ Kristina Buchan, City Clerk Ammon City Council 09/01/2020Page 34 of 57 Office, 2135 S. Ammon Road, Ammon, Idaho. ATTEST:CITY OF AMMON _______________________ ________________________ Kristina Buchan, City ClerkSean Coletti, Mayor I have reviewed the foregoing summary and I believe that it provides a true and complete summary of Ordinance #642 and the summary provides adequate notice to the public of the contents of this ordinance. DATED this 3rd day of September, 2020. __________________________ Scott Hall, City Attorney Ammon City Council 09/01/2020Page 35 of 57 PROCEDURE TO ADOPT AN ORDINANCE Ordinance No.642introduced and read by title. Councilperson moves: Councilperson seconds: Roll call vote on motion. Ordinance again read by title and read in full. Councilperson moves: Councilperson seconds: Roll call vote. Ammon City Council 09/01/2020Page 36 of 57 Ammon City Council 09/01/2020Page 37 of 57 Ammon City Council 09/01/2020Page 38 of 57 Ammon City Council 09/01/2020Page 39 of 57 Ammon City Council 09/01/2020Page 40 of 57 Ammon City Council 09/01/2020Page 41 of 57 Ammon City Council 09/01/2020Page 42 of 57 Ammon City Council 09/01/2020Page 43 of 57 Ammon City Council 09/01/2020Page 44 of 57 57 of 53 Page 09/01/2020 Council City Ammon Ammon City Council 09/01/2020Page 54 of 57 Ammon City Council 09/01/2020Page 55 of 57 Ammon City Council 09/01/2020Page 56 of 57 Ammon City Council 09/01/2020Page 57 of 57