01.19.2023 Council Agenda
AMMON CITY COUNCIL MEETING
THURSDAY, JANUARY 19, 2023 7:00 P.M.
2135 SOUTH AMMON ROAD
LIMITED SEATING WILL BE AVAILABLE IN THE CITY BUILDING
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AGENDA
A. CALL TO ORDER:
Mayor Sean Coletti at 7:00 p.m.
Pledge of Allegiance Council Member Slack
Prayer Council Member Wessel
B. CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes:
i. January 5, 2023 Regular Meeting
ii. January 12, 2023 Work Session
AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD)
C. CONSENT AGENDA:
1. Accounts Payable Report
D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit)
E. ACTION ITEMS:
1. Contract for Services Ammon Arts Community Theatre (Micah Austin, City Administrator)
2. Annexation Johnston Farms Property (Cindy Donovan, City Planner)
3. Findings of Fact Flagship Property Annexation (Cindy Donovan, City Planner)
4. Ordinance 696 - Final Reading Animal Sales (Clarissa Mueller, Enforcement Officer)
st
5. Rejection of Bid 21 Street Walking Path (Tracy Bono, City Engineer)
F. DISCUSSION ITEMS:
1. Miscellaneous
G. ADJOURN
INDIVIDUALS NEEDING ACCOMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO
Next Resolution Number: 2023-001R
Ammon City Council 01.19.2023Page 1 of 43
LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE
Next Ordinance Number: 697
AMMON CITY COUNCIL MEETING
THURSDAY, JANUARY 5, 2023 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 Slack
Prayer Council Member Wessel
B. CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes:
i. December 15, 2022 Regular Meeting
C. PROCLAMATIONS
1. 2023 State of the City Address
2. 2023 Martin Luther King Jr Day of Service
D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit)
E. ACTION ITEMS Ongoing Business:
1. Annexation Flagship Property (Cindy Donovan, City Planner)
2. Ordinance 696 - Second Reading Animal Sales (Clarissa Mueller, Enforcement Officer)
3. Rate Increase Eagle Rock Commercial Sanitation (Micah Austin, City Administrator)
F. ACTION ITEMS New Business:
1. Consent to Appointment Heidi Boyle Ammon City Council
i. Swearing in of Council Member Boyle
G. DISCUSSION ITEMS:
st
1. 21 Street Pathway Funding
2. 2023 Council Liaison Assignments
3. Miscellaneous
H. ADJOURN
MINUTES
City Officials Present: City Officials Absent:
Mayor Sean Coletti City Administrator Micah Austin
Council President Russell Slack City Engineer Tracy Bono
Councilmember Scott Wessel City Planner Cindy Donovan
Councilmember Rex Thompson City Clerk Kristina Buchan
Councilmember Craig Tibbitts Code Enforcement Officer Clarissa Mueller
Councilmember George Vander Meer
Councilmember Heidi Boyle
City Attorney Scott Hall
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A. CALL TO ORDER:
Mayor Sean Coletti opened the meeting at 7:00 p.m. Council Member Tibbitts led the Pledge of
Allegiance and Council Member Vander Meer offered a Prayer.
B. CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes:
i. December 15, 2022 Regular Meeting
It was moved by Council Member Tibbitts and seconded by Council Member Vander Meer to approve
the Consent Agenda. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
C. PROCLAMATIONS
1. 2023 State of the City Address
Mayor Coletti gave his State of the City Address:
CITY OF AMMON STATE OF THE CITY 2023
Dear residents of the City of Ammon, faithful and hard-working employees and staff,
wonderful community, as your neighbor, a fellow parent of a student in our wonderful
schools, a fellow church-goer, a fellow customer of our wonderful local Ammon
businesses and restaurants, a fellow user of our parks and public spaces, a local
acquaintance, a friend. We truly have so much to be grateful for! We live in a time and
place where there are greater opportunities and growth everyday. There are more high-
skilled and high paying jobs moving into this area. There are greater educational
opportunities for us and our children, especially with a community college right on our
doorstep. Even with national economic uncertainty, business in Ammon is strong. And
Ammon is seen as a great location to do business from home, due to the strength of
Ammon Fiber. There are many life-enhancing experiences and events that add to the
quality of life here. And we have a mutually strong relationship with our sister city,
Idaho Falls. We are benefitted by their successes, and vice-versa. Crime in Ammon is
low, and life satisfaction is high. It is, truly, a great day to live, work and play in Ammon,
but the work is never done. There will always be more improvement to make.
And I see that desire in those around me. We know we have climbed many mountains
which at first seemed daunting and scary. I can recall a city council meeting many years
ago looking at the challenges of our growing city and feeling a little overwhelmed. But in
the face of that, we did move forward and have accomplished much of what we once
thought was intimidating. Ammon is conserving water and covering the ongoing cost of
operating and maintaining the needed water infrastructure due to the decision to meter
water throughout the entire city, which we have completed. We have advocated for and
seen changed the sales tax revenue sharing formula, which is bringing needed help to
our street fund, parks and recreation, and law enforcement. We have planned for the
future of our fire protection needs by joining the Bonneville County Fire District, which
has greatly benefited our Ammon firefighters and fire protection.
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And, within the last year, we made possible what at a point in time seemed like a huge
undertakingthe creation of the Eastern Idaho Regional Sewer District. We knocked on
thousands of doors to collect signatures and then educated the public on the benefits of
a Sewer District to our area, resulting in an 82% pass rate at the May election in
Bonneville County and an 80% pass rate overall. Now, I am pleased to report that we
have a well-functioning sewer district board with three out of the five board members
representing Ammon areas, funding for the first phase of needed plant expansion and a
plan moving forward to fully fund the remainder of the expansion. A year and a half ago
this all seemed like a huge undertaking. It was, but we did it, and the change will benefit
generations of Ammon residents to come.
During WWII, Nazi Germany began a months-long bombing campaign of London
intended to cripple the resolve of England. What happened was that it just made the
B
or a building, survivors developed an indestructible willpower not only to live, but to
thrive. A psychiatrist described this phenomenon:
to fear, we are also prone to be afraid of being afraid,
may panic in an air-raid, and, when it has happened, \[and\] we have exhibited to others
nothing but a calm exterior and we are now safe, the contrast between the previous
apprehension and the present relief and feeling of security promotes a self-confidence
Having overcome each mountain and finding that we have done so successfully, we
should have every amount of confidence and courage to continue to overcome what
appear to be daunting challenges. We have seen it, and we have overcome. On to the
next challenge, because we can do it.
We have a challenge to establish a strong, long-lasting relationship with the Bonneville
one that will last the test of time. In 2022, we have jointly
studied law enforcement needs in Ammon, and in 2023 we will continue to work toward
a strategic plan to make sure that ou
our Ammon police department and which does an outstanding job protecting all of us, is
the sustainable solution well into the future. This may very well involve a future law
enforcement district, which we are jointly working on and working with legislators to
make possible. But in the meantime, I am confident that our great relationship will
continue to bear positive results for law enforcement in Ammon.
We have a challenge to even more effectively fund streets in Ammon. In 2022 we
budgeted 90% of sales tax revenue sharing increases to streets, a department that
definitely needs funding. This will make a difference, but we all know that we need
more. I am pleased to officially announce that Ammon has received a $5,830,400
federal grant for reconstruction of 1st Street in Ammon, and that our Public Works
Department is going to work immediately to make a five-lane, curb, gutter and sidewalk
1st Street between Hitt and Ammon Roads finally become a reality. In addition, this is
the year we will develop a city-wide Capital Improvement Plan which will help us move
forward on a more long-term, sustainable street funding mechanism. We have also
obtained nearly all of the right-of-way necessary to extend John Adams Parkway finally
from Hitt Road to the Tie Breaker subdivision, and to extend Curlew to John Adams and
even further up to 1st Street, all of which will help alleviate traffic congestion in the city.
We also completed a successful remodel of Rawson Street in the Original Townsite and
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a new access point to south Ammon Road and Woodland Hills Park named after
In 2022 we were awarded two large grants to help us accomplish our challenge of a
more walkable and bikeable city. The State awarded Ammon a $250,000 grant to help
build a walk and bike path connecting Rimrock Elementary to Quail Ridge Park along
21st Street. That construction will happen in 2023. We were also awarded a $325,000
grant for a similar pathway along 49th South, connecting the neighborhoods to
Woodland Hills Elementary and to our park. More such pathways will be pursued in the
future, with the goal to connect all areas of Ammon.
In 2022 we allocated a significant amount of grant money to completing the Well 13
project, which is now operational, toward the regional sewer plant, which is on its way
to expansion, and for further expansion of Ammon Fiber in areas of need. We were also
able to purchase more than a million dollars of groundwater rights to strengthen
Speaking of fiber, in 2022 the Fiber Department made significant progress on LID 5, our
largest LID to date, and opened LID 6, which will be our second-to-last LID for Ammon
Fiber. Sixty-five percent of
Ammon now has fiber access, and that number is climbing fast. We will in short order
accomplish the challenge which only less than a decade ago seemed not possiblea city
with full fiber optic buildout in every neighborhood. No other city in Idaho other than
Idaho Falls will be able to do such a thing in such a short period of time. Ammon and
Idaho Falls are together leading the way in municipal fiber development.
was a big inconvenience for our residents for quite a while, I will admit it, but the
Ammon Road and Crowley Road sewer projects were extremely important to our
system, as installed gravity flow lines and eliminated two sewer lift stations, removing
the possibility of sewer backups in power outages. We will continue to make progress
on our sewer collection system in 2023 by moving the Taylorview lift station to a
different location that is not in that neighborhood.
lities in 2023, as we have approved a
contractor to build a new sanitation building and have determined final design for the
expansion of city hall. The reality is that city hall is nearing capacity, and the expansion
(which has been planned for many years) will double the size of the building allowing
the city to handle the needs of the public well into the future.
In 2022 we saw change in the Parks Department with the retirement of Ken Knoch and
the hiring of Josh Embrey. Josh brings with him a wealth of knowledge about parks and
has already made significant improvements to our operations. Just for one example, his
online tree inventory will help the city determine tree maintenance and needs for all of
the city properties. And we continue to have great public events and programs (such as
Ammon Little League, Adult Co-Ed Kickball and the new Ammon Glow Hot Air Balloon
event) due to the work of Randal Miller. In 2023, we will continue to seek out options to
replace the aging Ammon Pool, and we call upon the entire community to be a part of
that process.
In conclusion, I have to give great thanks to our City of Ammon staff. We have the finest
professionals in this community. I have the utmost confidence in every Department
Head. You are relentless in your pursuit of excellence. You do the superhuman with so
littlewith the fourth lowest tax levy in the entire state, most do not realize that what
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Ammon does with that is simply amazing. Roughly 55 employees service a city reaching
20,000 people. And they do it with great pride in their work. We have great pride to be
able to be a part of this venture.
I am also proud to work with this dedicated city council. Your courage to do the hard
things is incredible, and is not surprising given that you have surpassed so many
challenges in the past several years. Together we can do what needs to be done, make
the difficult choices, the right choices, for our community, to keep it moving in the right
direction.
I am excited for 2023 and look forward to another year, side by side with our friends and
neighbors, in the community Where Tomorrow Begins. We have a wonderful city which,
I am confident, will make great strides toward more improvement and excellence in this
new year. The state of our city is strong. May it continue to get stronger.
2. 2023 Martin Luther King Jr Day of Service
Mayor Coletti read the Proclamation for the 2023 Martin Luther King Jr. Day of Service:
Whereas, Dr. Martin Luther King Jr. devoted his life to advancing equality, social justice,
and opportunity for all, and challenged all Americans to participate in the never-ending
work of building a more perfect union; and
Whereas,
challenges in our communities; and
Whereas, the King Holiday and Service Act, enacted in 1994, designated the King
Holiday as a national day of volunteer service; and
Whereas, since 1994 millions of Americans have been inspired by the life and work of
Dr. Martin Luther King Jr. to serve their neighbors and communities on the Martin
Luther King Day; and
Whereas, serving on the Martin Luther King Jr. Day is an appropriate way to honor the
principals of Dr. King, meet local and national needs, bring our citizens together, and
strengthen our communities and nation; and
Whereas, the Martin Luther King Jr. Day of Service is the only federal holiday
commemorated as a national day of service, and offers an opportunity for Americans to
give back to their communities on the holiday and make an ongoing commitment to
service throughout the year; and
Whereas, Day of Service projects are being organized by a wide range of nonprofit and
community organizations, educational institutions, public agencies, private businesses,
and other organizations across the nation; and
Whereas, each of us can and must contribute to making our communities better with
increased opportunity for all of our citizens; and
Whereas, residents and businesses in Ammon, Idaho have the opportunity to
participate in community service projects and events throughout our city on the Martin
Luther King Jr. Day of Service, January 16, 2023, as they identify the need;
NOW THEREFORE, I, Sean Coletti, Mayor of Ammon, Idaho, Proclaim the Martin Luther
King, Jr. Holiday as a Day of Service in Ammon, and call upon the people and businesses
of Ammon, Idaho to pay tribute to the life and works of Dr. Martin Luther King, Jr.
through participation in community service projects on the Martin Luther King Jr. Day of
Service, January 16, 2023, and throughout the year.
Proclaimed and signed this 5th day of January, 2023
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3. Recognition of Josh Wheeler
Mayor Coletti recognized Idaho State Representative Josh Wheeler and thanked him for
his service to the City and residents of Ammon and wished him well on his journey with
the state legislature.
D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit)
There was no public comment
E. ACTION ITEMS Ongoing Business:
1. Annexation Flagship Property (Cindy Donovan, City Planner)
City Administrator, Micah Austin, briefly introduced the application before turning it over to
City Planner, Cindy Donovan, to review major points of the Staff Report. Austin noted that
Planning and Zoning had not recommended an additional hearing for the application but
Council was welcome to call for an additional hearing if they felt they needed further
information. Donovan then moved into a review of the hearing that had been held in front
of Planning and Zoning including letters and in-person comments heard at the hearing.
Donovan reviewed the issues discussed by the Planning and Zoning Commission including,
but not limited to, lack of school locations, lack of viable sewage plan, non-conforming
density, lack of commercial locations, and lack of infrastructure. The Commission voted 8-0
to recommend denial based on the aforementioned reasons. Council discussed the
information within the packet thanking Staff and the Commission for their hard work
regarding the application.
Summary of Analysis
Application for this annexation was submitted prior to the moratorium on annexations
over 10 acres was enacted.
This request is governed by the Comprehensive Plan adopted in December 2021 and the
Comprehensive Plan Land Use Map adopted in December 2021
Parcels are currently agriculture in Bonneville County
Connects the City of Ammon to property east of South 52nd East and north of 1st Street
Acreage: 624.81 acres for annexation (658.85 acres overall development)
Dwelling Units: 2,625 with average of 4.0 units per acre (15-20 year build out)
Commercial Space: 5.48 acres, zoned C-1
Open Space: shall include a public park and green space throughout the development
The requested zones of R-3. RS, and C-1 may all be built out at lesser density than what is
being requested.
Annexation and Standard Development Agreements will contain requirements for
improvements based on the submitted studies
Updates were produced for each of the required studies but showed there are no major
variances to the outcomes.
Parcel #RP02N38E247369 included within the legal description will not be included in this
Annexation.
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It was moved by Council Member Slack and seconded by Council Member Vander Meer to deny the
application for annexation upholding the recommendation by Planning and Zoning for Flagship Homes
and not hold an additional hearing. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
2. Ordinance 696 - Second Reading Animal Sales (Clarissa Mueller, Enforcement Officer)
Enforcement Officer Mueller was present to answer questions for Council on the proposed
Ordinance. Councilmember Wessel asked for clarification of limitations of sales and
limitations on adoptions within the City.
It was moved by Council Member Slack and seconded by Council Member Vander Meer to dispense
with the rule requiring three readings. aƚƷźƚƓ Ņğźƌƭ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ ğƓķ Ǟźƌƌ ĬĻ ĬƩƚǒŭŷƷ ŅƚƩǞğƩķ
ŅƚƩ ğ ŅźƓğƌ ƩĻğķźƓŭ ğƷ ğ ŅǒƷǒƩĻ ƒĻĻƷźƓŭ͵
3. Rate Increase Eagle Rock Commercial Sanitation (Micah Austin, City Administrator)
City Administrator Austin gave a background on the proposed increase to commercial
sanitation fees in Ammon. Austin explained that the original contract included a limitation
on price increases for the first five years of the contract. Eagle Rock Sanitation approached
Austin explaining the increases to their costs, mainly due to increasing diesel prices.
Recommendation
- Consider the request from Eagle Rock Sanitation (ERS), represented by owner Kim
Galloway, and direct staff accordingly.
Summary of Analysis
1. Prior to March 1, 2019, the City of Ammon provided commercial sanitation services for all
businesses within the City of Ammon. During the summer and fall of 2018, it was suspected
that private sanitation companies could provide the same services for a lower rate. This
prompted the City Council to issue an RFP to private sanitation companies to obtain the
franchise agreement for all commercial sanitation services within the City of Ammon.
2. On February 7, 2019, after a competitive public process (RFP) that spanned several
months and multiple reviews, the Ammon City Council awarded Eagle Rock Sanitation (ERS)
the franchise agreement for all commercial sanitation services within the City of Ammon.
3. The franchise agreement, officially titled the Commercial Solid Waste Collection Services
Agreement, took effect on March 1, 2019.
4. The agreement has been successful, both for the City of Ammon and for Eagle Rock
Sanitation. The franchise agreement has been beneficial for commercial customers within
the City of Ammon because ERS has been able to provide the service cheaper than was
previously provided by the City of Ammon.
5. According to the agreement, commercial sanitation rates were established with the
agreement and any changes would have to be approved by the City Council.
6. Section 12 of the agreement further states that ERS is not allowed to raise their rates for a
period of five years. This means that rates cannot be raised until March 1, 2024.
7. On December 27, 2022, owner Kim Galloway from Eagle Rock Sanitation, called the City of
Ammon and requested consideration for a 3.5% increase to sanitation rates. According to
Mr. Galloway, the increase is to cover the rise in diesel fuel.
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8. A letter from Mr. Galloway is attached to this staff report, explaining the request for a
3.5% increase. Mr. Galloway stated in his letter:
As everyone is probably aware of at this time diesel fuel prices have
risen. I think at the time we started this contact for solid waste
collection diesel fuel was about $3.00 per gallon now it is $5.00 per
gallon. Diesel is one of our major expenses and it pains us to ask for
a fuel surcharge on our base prices, but we must at this time as all
of our other expenses have also increased such as parts, mechanical
repairs, tires, labor, cost of new equipment etc. all increased
because of inflation that was not anticipated as well. We humbly
ask council for a 3.5% fuel surcharge to help cover additional costs
of the fuel we buy to service this contract; we will also retract this if
fuel returns to the $3.00 to $3.50 level. The 3.5% would net us about
$1000.00 per month to cover the fuel. Thank you for your
consideration.
9. If the City Council is inclined to approve the rate increase, the original contract language
must be addressed. Staff is recommending the City Council adopt a letter addendum to
the agreement, rather than amending the original agreement.
10. If the City Council is not inclined to approve the request from ERS, then the City Council
can vote on the matter and consider it closed.
Financial Impact
- There is no direct fiscal impact to the City of Ammon. If the rate increase is approved, there
would be a fiscal impact to the commercial businesses in Ammon that utilize the services
provided by Eagle Rock Sanitation.
- According to the agreement, ERS is required to pay the City of Ammon an Enterprise Utility
Fee of $20,000 or 8% of gross sales on an annual basis. To date, ERS has paid the City of
Ammon $76,597.47 for 3.5 years of the franchise agreement. This averages to $21,885 per
year.
It was moved by Council Member Slack and seconded by Council Member Wessel to approve the 3.5%
fee increase for Eagle Rock Sanitation. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
F. ACTION ITEMS New Business:
1. Consent to Appointment Heidi Boyle Ammon City Council
Mayor Coletti introduced Heidi Boyle to the Council and gave insight into her application,
interview, and ongoing support of the community and asked Ms. Boyle to introduce herself
to the Council. Mayor Coletti then asked Council for consent to the appointment of Ms.
Boyle to Council.
It was moved by Council Member Slack and seconded by Council Member Wessel to consent to the
appointment of Heidi Boyle to the Ammon City Council for a term of one year. aƚƷźƚƓ ƦğƭƭĻƭ
ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
i. Swearing in of Council Member Boyle
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Mayor Coletti swore in Council Member Boyle with the Oath of Office and
presented her with a certificate of appointment
G. DISCUSSION ITEMS:
st
1. 21 Street Pathway Funding
Mayor Coletti explained the difference between received grant funding and proposed
costs for the proposed project. City Administrator Austin added that funds could be
moved in the budget to meet the full cost of the project. Council asked for clarification
of the full scope of the project and what changes could be made to move the final costs
closer to the costs received in bids. Council discussed the implications of putting forward
unallocated funds to the project or only spending the grant funding towards the project.
Staff will continue to work on plans.
2. 2023 Council Liaison Assignments
Mayor Coletti reviewed the Council liaison assignments and reviewed guidelines for the
liaison assignments.
st
3. 1 Street Funding
st
City Engineer Bono reported that the funds are prepared for the 1 Street expansion
and plans are being finalized. He added that it would be a collaborative effort with the
County and he was hopeful to have some funds included from them.
H. ADJOURN
The meeting adjourned at 8:30pm
______________________________
Sean Coletti, Mayor
_____________________________
Kristina Buchan, City Clerk
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AMMON CITY COUNCIL MEETING
THURSDAY, JANUARY 12, 2023 4:30 P.M.
2135 SOUTH AMMON ROAD
AGENDA
A. CALL TO ORDER
Mayor Sean Coletti at 4:30pm
B. DISCUSSION ITEMS
1. Tree Inventory
2. Parks and Recreation and Tree Commissions
3. Recycling Franchise Fee
4. Title X Amendments
5. Comprehensive Plan Amendments
6. Future Land Use Map Amendments
C. ADJOURN
MINUTES
City Officials Present: City Officials Absent:
Mayor Sean Coletti City Administrator Micah Austin Councilmember George Vander Meer
Council President Russell Slack City Engineer Tracy Bono
Councilmember Scott Wessel City Planner Cindy Donovan
Councilmember Rex Thompson Assistant Planner Heather McBride
Councilmember Craig Tibbitts (left at 6:00pm) City Clerk Kristina Buchan
Councilmember Heidi Boyle
City Attorney Scott Hall
A. CALL TO ORDER
Mayor Sean Coletti opened the meeting at 4:40 p.m.
B. DISCUSSION ITEMS
1. Tree Inventory
Parks Director Josh Embrey presented his tree
program is provided by the state and allows cities to establish full inventories of all trees
and their current conditions. Embrey and Council discussed future plans to maintain
existing trees and what plans he had for planting new trees. Embrey noted that diversity
of trees ought to be a major focus in the coming years to maintain health.
2. Parks and Recreation and Tree Commissions
Clerk Buchan and Director Embrey introduced the details of the two committees noting
that appointment required Council approval. Council discussed what direction they
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Commission and a potential to combine the two committees into one. Embrey added
that the Tree Committee was a requirement for Tree City USA certification and he would
look into the options there. Staff would work to develop a list of potential members to
bring forward to Council at a future meeting.
3. Recycling Franchise Fee
City Administrator Austin discussed the potential for city-wide recycling and potential
impacts to the utility system and fee changes.
4. Title X Amendments
Assistant Planner Heather McBride reviewed the proposed changes to Title Ten. A
variety of definitions tied to density, parking, adding medium density back into zoning,
separation of developments, accessory buildings, sign code, multi-use limitations.
Council directed Staff to continue working out details but noted they were headed in
the right direction.
5. Comprehensive Plan Amendments
City Planner Cindy Donovan reviewed the proposed changes to the Comprehensive Plan.
Council discussed the changes in a historical context and how the Plan should reflect
changes made within the document.
6. Future Land Use Map Amendments
Donovan then reviewed the proposed changes to the Land Use Map including adding
medium density back into the map and adding in the gradation of densities.
C. ADJOURN
The meeting adjourned at 7:51pm
______________________________
Sean Coletti, Mayor
_____________________________
Kristina Buchan, City Clerk
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Ammon City Council 01.19.2023Page 21 of 43
Ammon City Council Meeting
January 19, 2023
Mayor Coletti and Ammon City Council Members:
Request for confirmation of additional public hearings to be held before the City Council
regarding an amendment to the Comprehensive Plan Land Use Map
and the annexation of 7.188 acres
Staff Presenting:
Cindy Donovan Planning Director
Recommendation:
Staff recommends holding additional public hearings based on the split vote and
recommendation of the Planning and Zoning Commission.
Summary of Analysis:
Public Hearing #2023-001 and #2023-002 were held before the Planning and Zoning Commission
on Wednesday, January 4, 2023
Planning and Zoning Commission recommended an additional public hearing for the
Comprehensive Plan Future Land Use Map and the annexation be held before the City Council
Commissioners deliberated for approximately 1 hour before voting on the application
Planning and Zoning Commission had a split vote with 4 to approve and 5 to deny
Planning and Zoning Commission Criteria for Decision:
Section 11-1-10
1. ion will be harmonious and in accordance with specific goals
and policies of applicable components of the Ammon Comprehensive Plan; and
2.
3. the Commission is required to make a recommendation to City
Council regarding the annexation. This recommendation must include a zoning
recommendation.
Parcel Characteristics
- General Location: north of Marlene Street, east of Ammon Road, south of 17th Street, and west
of Ross Avenue
- Acres: 7.188 acres
- Zoning: Requesting high density (R-2)
Planning and Zoning Commission Reasoned Statements
2023-001 Comprehensive Plan Future Land Use Map Amendment
Approval:
Comprehensive Plan Chapter 10 page 25, items 2, 8, 10, 17
Good buffer to commercial to the west
Infill lot
Near required amenities (infrastructure)
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
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Ammon City Council 01.19.2023Page 22 of 43
Deny:
Too dense
Removal of commercial property
Safety due to traffic
Public testimony overwhelming against
Title 11-1-10 not harmonious with existing area
2023-002 Request to annex 7.188 acres with the initial zone of R-2
Approval:
Comprehensive Plan Chapter 10 page 25, items 2, 8, 10, 17
Good buffer to commercial to the west
Infill lot
Near required amenities (infrastructure)
Deny:
R-2 is too dense for the location
No middle ground for high density and low density
Prefer lower density like R-1, R1-A, RS
- To amend the Comprehensive Plan Land Use Map from Light Commercial to High Density
Residential
- To annex 7.188 acres with the initial zone of R-2
- Presented by Hamlet Homes and Horrocks Engineering
Notice for Public Hearing #2023-001 before the Planning and Zoning Commission
- Published in the Post Register on Friday, December 2, 2022
- Mailed letters to 20 public entities on Friday, December 2, 2022
- No sign posting required, was posted with public hearing #2023-002 on Thursday, December 15,
2022
- Public Comment: One person came to the office to ask about what can be built and where the
ingress/egress to 17th Street would be located.
Notice for Public Hearing #2023-002 before the Planning and Zoning Commission
- Published in the Post Register on Friday, December 2, 2022 and Friday, December 9, 2022
- Mailed letters to 20 public entities and 36 property owners on Friday, December 2, 2022
- Property was posted with Public Hearing #2023-001 on Thursday, December 15, 2022
- Public Comment: One person came to the office to ask about what can be built and where the
ingress/egress to 17th Street would be located.
Motion
Additional Public Hearing before the City Council
I move to approve an additional public hearing to be held before the City Council regarding the
Comprehensive Plan Land Use Map and the annexation of 7.188 acres.
No additional Public Hearing before the City Council
I move no addition public hearing be held before the City Council regarding the Comprehensive
Plan Land Use Map and the annexation of 7.188 acres.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
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Ammon City Council 01.19.2023Page 23 of 43
Attachments:
1. Vicinity Map
2. 2023-001 Reasoned Statement
3. 2023-002 Reasoned Statement
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
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Ammon City Council 01.19.2023Page 24 of 43
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JOHNSTON FARMS
PROJECT LOCATION
E. 17TH ST.
E. 17TH ST.
GEORGIA LN.
DRAWING INFO
DATE
09/2/22
SCALE
1" = 800'
JOHNSTON FARMS
DATE
REV #
1
*SEE 2nd SHEET FOR LISTING
ANNEXATION EXHIBIT: VICINITY MAP
Ammon City Council 01.19.2023Page 25 of 43
PROJ. NO:
www.horrocks.com
01
PAGE
Ammon City Council 01.19.2023Page 26 of 43
Ammon City Council 01.19.2023Page 27 of 43
)
IN RE: ) AMMON CITY COUNCIL
)
BCP DEVELOPMENT ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION
FLAGSHIP HOMES )
AMMON FIELDS ANNECATION ) JANUARY 19, 2023
)
APPLICANT: BCP DEVELOPMENT/FLAGSHIP HOMES
OWNER: BCP DEVELOPMENT INC/LLKM PROPERTIES LLC
PROJECT: AMMON FIELDS
APPLICANT REQUEST: Annexation of 624.81 acres with the initial zones of R-3, RS, and C-1
LOCATION: Located north of East 21st South, east of South 52nd East, south of 1st Street,
west of Foothill Road.
EXISTING ZONING: Irrigated Ag Land in Bonneville County
SURROUND ZONING: Irrigated Ag Land in Bonneville County, RP and RP-A the City of Ammon
SURROUNDING USE: Ag Land in Bonneville County, single-family detached homes
PARCEL SIZE: 624.81 acres
SECTION 1: BACKGROUND FACTS
Summary of Application
- Request to annex 624.81 acres with the initial zones of R-3, RS, and C-1
Noticing
- Planning and Zoning Commission
- On Friday, November 4 and Friday, November 11, 2022 notice of the Planning and
Zoning Commission public hearing on the forgoing application was published in the Post
Register newspaper in Bonneville County.
- On Friday, November 4, 2022 notice of the Planning and Zoning Commission public
hearing was mailed to adjoining property owners within 300 feet and 20 public entities.
Planning and Zoning Commission Findings
- Public Hearing was held before the Planning and Zoning Commission on Wednesday, December
7, 2022.
- Findings:
The Planning and Zoning Commission for the City of Ammon, charged with holding the hearing
-0) in favor of
denying this application for the following reasons:
Each of those items identified in the staff report and in the power point presentation by city
staff at the hearing, which are incorporated herein by reference, were confirmed by the
Commission as being deficient or non-compliant. This includes, but is not limited to:
o Lack of school locations and plans for schools;
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
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Ammon City Council 01.19.2023Page 28 of 43
o Lack of presentation of confirmation of a viable sewage plan through a sewer district or
other means (the City of Ammon does not provide municipal sewer services);
o A non-conforming proposal of a density of R-3 zoning;
o ment that high density development greater than 4 units
th
per acre is not permitted east of 45 East (Crowley Road) with the plan expressly stating
it controls over the map, which is not represented by the application;
o t City density would decrease toward the
foothills, which this application does not accomplish;
o
An incomplete application presented at the hearing appointed for annexation and initial
zoning is prejudicial to those in attendance as such constitutes a lack of due process to
those attending the hearing where the application is deficient;
o
be reworked due to non-conforming densities. As such, the general location of the
roads would also likewise have to change and therefore the densities in relationship to
roads cannot be identified and are therefore not in compliance;
o Lack of sufficient commercial area to support the community;
o Sustainable road maintenance could not be determined where there is reliance on
roadways maintained (at least in part) by the county instead of the City; AND
o A lack of proper infrastructure;
The application is therefore non-compliant with the comprehensive plan and the Planning and
Zoning Commission therefore recommended denial to the City Council recommending no
additional hearing be held by the City Council.
Reasoned Statement:
Non-compliant with Comprehensive Plan
Non-compliant with Section 11-1-10
Density of R-3 zone
Lack of school locations and plan for schools
Lacks application of EIRWWA (EIRSD) support
County road maintenance
Lack of infrastructure overall
SECTION 2: FINDINGS OF FACT
Based upon the application, the findings of the Planning and Zoning Commission, the record, and the
following additional findings of the City Council:
There were no additional findings
The Ammon City Council therefore finds as follows:
1. The City Council finds the request from BCP DEVELOPMENT/FLAGSHIP HOMES for the project
known as the AMMON FIELDS to be non-compliant with the 2018 Comprehensive Plan. Table 1
(below) summarizes these findings.
2. The City Council finds the request from BCP DEVELOPMENT/FLAGSHIP HOMES for the project
known as the AMMON FIELDS to be non-compliant with the zoning ordinance and annexation
ordinance. These findings are summarized in Table 2 (below).
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
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Ammon City Council 01.19.2023Page 29 of 43
TABLE 1
Summary of Non-Compliance with the Comprehensive Plan adopted in December 2021
The application complies with the following applicable sections of the Comprehensive
Plan:
- The City of Ammon put a moratorium on annexations over 10 acres on October
6, 2022 due to inconsistencies with the Comprehensive Plan Future Land Use
Map and the Comprehensive Plan.
- Chapter 2, Page 9 One purpose of Local Land Use Planning according to Idaho
Code 67-
provided to the people at reasonable cost
źƓ ğ ƭĻƩǝźĭĻ ĬƚǒƓķğƩǤ ŅƚƩ ǞğƭƷĻǞğƷĻƩ ƷƩĻğƷƒĻƓƷ͵
- Chapter 10, Planning, Page 20 is a generalized
representation of the following policies, the policies are controlling͵ {ƷğŅŅ
/ƚƒƒĻƓƷʹ tƚƌźĭźĻƭ źƓ Ʒŷźƭ ĭğƭĻ ƩĻŅĻƩ Ʒƚ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ͵
- Chapter 10, page 21, Item 5: Elementary schools are generally located in the
center of the re{ƷğŅŅ /ƚƒƒĻƓƷʹ bƚ ƭĭŷƚƚƌ
ƭźƷĻƭ ğƩĻ ƭŷƚǞƓ źƓ Ʒŷźƭ ķĻǝĻƌƚƦƒĻƓƷ͵
- Chapter 10, Planning, Page 22, Item 7: Development on the foothills is
Non-Compliance 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.
- Chapter 10, Planning, Page 25, Item 3: High-density residential uses should be
located within walking distance of commercial developments.
- Chapter 10, Planning, Page 25, Item 6: -density developments that do not
provide walking access to essential amenities, such as grocery stores and retail
- Chapter 10, Planning, Page 26, Item 8:
- Chapter 10, Planning, Page 27, Item 2: East of 45th East the maximum density
shall be 4.0 units per acre.
- Chapter 12, Schools, Page 33:
address concerns about overcrowding of schools as new annexation and
development occurs. As part of that process, placement of future schools and
access to those schools should be a primary consideration for the School
{ƷğŅŅ /ƚƒƒĻƓƷʹ bƚ ƭĭŷƚƚƌ ƭźƷĻƭ ğƩĻ ƭŷƚǞƓ źƓ Ʒŷźƭ
ķĻǝĻƌƚƦƒĻƓƷ͵
TABLE 2
Summary of Non-Compliance with Title 11, Annexation Ordinance
The application is not in compliance with the following applicable sections of Title 11:
ȃ Title 11-1-6, Item C: A description of the proposed project, including the
approximate:
ΐȁ Number and size of proposed lots
Αȁ Length and location of the proposed water and sewer mains
Non-Compliance
Βȁ Length and location of proposed streets and alleys
Γȁ Length and location of the proposed sidewalks
Δȁ !¢±¤ ¦¤ £ «®¢ ³¨® ®¥ ¸ ¯ ±ª²Ǿ ³± ¨«²Ǿ £ȝ®± ®¯¤ ²¯ ¢¤²
ȃ Title 11-1-6, Item D: A schematic design of the entire project showing the
proposed uses, density, streets, alleys, easements, and proposed size and
location of parks.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
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Ammon City Council 01.19.2023Page 30 of 43
ȃ Title 11-1-6, Item H: A statement describing what contributions and/or
dedications the applicant is willing to make as a part of the proposed
annexation.
SECTION 3: CONCLUSION 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. If applicable, under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation
procedures ordinance, Title 11.
4. Municipal
Code.
5. The City of Ammon has provided adequate notice for the review of this application.
6. The project does not meet the standards of approval under Title 11, Annexation Procedures
Ordinance.
SECTION 4: DECISION
THEREFORE, the Ammon City Council denies the application.
SECTION 5: NOTICE TO APPLICANT OF RIGHTS
The City of Ammon hereby provides the following notice to all applicants: All applicants have a
right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. Any
applicant denied an application or aggrieved by a final decision concerning matters identified in
section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after the date of this
written decision and after all remedies have been exhausted under local ordinance, seek judicial
review under the procedures provided by chapter 52, title 67, Idaho Code.
THEREFORE, the Ammon City Council denies the Ammon Fields annexation based on information
provided in Section 2 and Section 3 above.
The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and
Decision this 19th day of January, 2023.
________________________________
Mayor Sean Coletti
_______________________________
Attest: Kristina Buchan, City Clerk
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
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PROCEDURES
PROCEDURE TO ADOPT AN ORDINANCE
Ordinance No. 696 introduced and read by title.
AN ORDINANCE OF THE CITY OF AMMON, IDAHO, PROHIBITING THE SALE OF
DOGS AND CATS IN RETAIL STORES; PROHIBITING THE SALE OF ANIMALS IN
PUBLIC PLACES; AMENDING EXISTING ANIMAL REGULATIONS; PROVIDING
FOR SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Councilperson moves:
to adopt Ordinance 696 and summary as an ordinance of the City of Ammon on its third
and final
Councilperson seconds:
Roll call vote.
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