Loading...
02.02.2023 Council Packet - - - - - - - - - - AMMON CITY COUNCIL MEETING THURSDAY, JANUARY 19, 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. 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 MINUTES City Officials Present: City Officials Absent: Council President Russell Slack City Administrator Micah Austin Mayor Sean Coletti Councilmember Scott Wessel City Engineer Tracy Bono Councilmember Craig Tibbitts Councilmember Rex Thompson City Planner Cindy Donovan Councilmember George Vander Meer City Clerk Kristina Buchan Councilmember Heidi Boyle Code Enforcement Officer Clarissa Mueller City Attorney Scott Hall A. CALL TO ORDER: Council President Slack opened the meeting at 7:00 p.m. Council Member Slack led the Pledge of Allegiance and Council Member Wessel offered a Prayer. Ammon City Council Regular Meeting 01.19.2023 Page 1 of 6 Ammon City Council 02.02.2023Page 2 of 16 B. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. January 5, 2023 Regular Meeting ii. January 12, 2023 Work Session It was moved by Council Member Thompson and seconded by Council Member Vander Meer to approve the Consent Agenda. Motion passes unanimously with vote by roll call It was moved by Council Member Thompson and seconded by Council Member Vander Meer to move into action as the Ammon Lighting District. Motion passes unanimously with vote by roll call AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD) C. CONSENT AGENDA: 1. Accounts Payable Report It was moved by Council Member Thompson and seconded by Council Member Vander Meer to approve the Consent Agenda for the Ammon Lighting District. Motion passes unanimously with vote by roll call It was moved by Council Member Thompson and seconded by Council Member Vander Meer to exit action as the Ammon Lighting District and return to regular business. Motion passes unanimously with vote by roll call D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) There was no public comment E. ACTION ITEMS: 1. Contract for Services Ammon Arts Community Theatre (Micah Austin, City Administrator) City Administrator Austin reviewed the proposed contract and introduced Thea Disney, 2628 Waterford Ln, Fundraising Coordinator of the Ammon Arts Community Theatre, to Council. Disney thanked Council for their support in previous years and reviewed last ye successful even with larger casts and productions. Ms. Disney noted that the proposed contract was the same price as the previous years with three new shows for the community. Council inquired about the length of the season, Disney added that the first show would begin in March and castings had already taken place. Recommendation - Approval of the request. Summary of Analysis 1. The Ammon Arts Community Theater, Inc, is requesting $1,200 from the City of Ammon for production of a live theater event that would occur during FY 2022 Ammon City Council Regular Meeting 01.19.2023 Page 2 of 6 Ammon City Council 02.02.2023Page 3 of 16 2. Ammon Arts Community Theater plans to produce three theater productions during 2021. All productions will be open to the public, but tickets will be sold. 3. According to the proposal submitted by the Ammon Arts Community Theater, the funds will be used for costumes, props, materials to build our sets, music, scripts, and the rights to be able to do the show. Financial Impact - Contracts for Service are paid from GL#10-408-600. This line item has adequate remaining budget to pay for this expense. It was moved by Council Member Vander Meer and seconded by Council Member Wessel to approve the contract with Ammon Arts Community Theatre in the amount of $1200. Motion passes unanimously with vote by roll call 2. Annexation Johnston Farms Property (Cindy Donovan, City Planner) City Planner Cindy Donovan reviewed the background of the Johnston Farms Property application. She noted that staff recommended holding an additional public hearing on the property, especially because Planning and Zoning was a split vote, voting 5-4, to recommend denial. Donovan reviewed th the proposed project an R2 development located off of 17 Street East of Ammon Road. Council and Staff discussed the hearing that had taken place in front of the Commission with Staff noting around 30 people attended the meeting in person with four on Zoom. Council members each gave input on their desire for an additional public hearing acknowledging the close vote. 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 It was moved by Council Member Vander Meer and seconded by Council Member Wessel 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. request for an additional Public Hearing in front of City Council. Motion passes unanimously with vote by roll call 3. Findings of Fact Flagship Property Annexation (Cindy Donovan, City Planner) City Planner Donovan presented the Findings of Fact regarding the Flagship Property Annexation noting that this was the final step confirming the previous vote to deny the application. Summary of Application - Request to annex 624.81 acres with the initial zones of R-3, RS, and C-1 Ammon City Council Regular Meeting 01.19.2023 Page 3 of 6 Ammon City Council 02.02.2023Page 4 of 16 SECTION 2: FINDINGS OF FACT 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). Ammon City Council Regular Meeting 01.19.2023 Page 4 of 6 Ammon City Council 02.02.2023Page 5 of 16 It was moved by Council Member Thompson and seconded by Council Member Wessel to approve the Findings of Fact for the Flagship Property Annexation as presented. Motion passes with vote by roll call Council Member Boyle Abstained as she had not been on Council when the previous decision had been made 4. Ordinance 696 - Final Reading Animal Sales (Clarissa Mueller, Enforcement Officer) Council noted this was the third and final reading of the Ordinance and required no further information. It was moved by Council Member Vander Meer and seconded by Council Member Wessel to adopt Ordinance 696 and Summary on its third and final reading. Motion passes with vote by roll call, Council Member Thompson voting No, adding that trespassing and nuisance ordinances already covered the issues and an additional ordinance was not required st 5. Rejection of Bid 21 Street Walking Path (Tracy Bono, City Engineer) City Engineer Tracy Bono reviewed the bids received and the budget. Bono noted that the received bids were nearly double the grant funds that were available for the project and that, based on previous discussions, Council felt the additional monies would be better spent on other projects. Bono would put the project back out for bid with a smaller scope of work to better meet the allocated budget amounts. Recommendation Staff recommend Project. Summary of Analysis 1. According to state statute, a formal bid process was followed. Ammon City Council Regular Meeting 01.19.2023 Page 5 of 6 Ammon City Council 02.02.2023Page 6 of 16 k Elementary School Walking Path: Over budget Financial Impact - None It was moved by Council Member Wessel and seconded by Council Member Vander Meer to reject the apparent low bid from Depatco in the amount of $420,593.00. Before a rollcall, Counsel Hall advised that Council amend the motion to reject all bids. It was then moved by Council Member Wessel and seconded by Council Member Vander Meer to amend the motion to reject all bids received for the Rimrock Elementary School Walking Path Project. Motion passes unanimously with vote by roll call F. DISCUSSION ITEMS: 1. Enforcement Office Mueller updated on snow violations being issued noting she had written around 25 citations during the most recent storm 2. City Administrator Austin reported that the budget was on track after the first quarter of the budget year and thanked department heads for their work. G. ADJOURN The meeting adjourned at 7:42pm ______________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council Regular Meeting 01.19.2023 Page 6 of 6 Ammon City Council 02.02.2023Page 7 of 16 Ammon City Council February 2, 2023 Mayor Coletti and City Councilmembers: Blatter Appeal Requesting two additional vehicular accesses to Klamath Falls Street Staff Presenting: Cindy Donovan Planning Director Compliance - The request is not in compliance with Policy #50-001 BMPO Access Management Plan Adoption of Policies and Procedures. - The request is not in compliance with Title 10, Chapter 29, Section 13 (B) 4a Recommendation Staff recommends denial as it is in conflict with City of Ammon Policy #50-001, the BMPO Access Management Plan and Title 10, Chapter 29, Section 13 (B) 4a. Summary of Analysis 1. ld be limited to one driveway for each tract of property separately owned. Properties contiguous to each other and 26, section 4.7, item 3 2. 10-29-operty is allowed only one (1) access with a thirty (30) foot maximum width at the street, in accordance with the BMPO Access Management Plan, July 2012 and City Policy #50- 3. Property is located in the Brogan Creek Subdivision 4. Brogan Creek Division 1, Lots #4 and #5 were combined to become Lot #12 (see Brogan Creek Division 1 Amended Plat attached) 5. The Brogan Creek Subdivision was engineered with swales to allow for one thirty (30) foot access per lot, these lots each contained a ten (10) foot water channel along the property lines to facilitate water run-off into the swales. When the lots were combined, these channels were adjusted to twenty (20) feet to allow for adequate water run-off. 6. Site Plan was submitted showing three (3) access points to Klamath Falls Street 7. Planning staff has denied the three (3) access points and returned the site plan with corrections noted. 8. Plans are currently under review by the Building and Planning Departments. Parcel Characteristics - Property is located at 5680 Klamath Falls Street - Located in Brogan Creek Division 1 - Property is zoned RP-A - To allow construction of three (3) vehicular accesses on Klamath Falls Street - Presented by Richard and Angalee Blatter, homeowners Motion Approve I move to approve the appeal request to allow for three vehicular accesses to Klamath Falls Street. Deny I move to deny the appeal request to allow for additional vehicular accesses to Klamath Falls Street, as it is in conflict with City of Ammon Policy #50-001, the BMPO Access Management Plan and Title 10, Chapter 29, Section 13 (B) 4a. Continue I move to continue until further information can be obtained. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 02.02.2023Page 8 of 16 Attachments: 1. Request Letter from homeowner 2. Brogan Creek Division 1 Final Plat 3. Brogan Creek Division 1 Amended Plat 4. Proposed Site Plan 5. Policy #50-001 6. Title 10, Chapter 29 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 02.02.2023Page 9 of 16 January 27, 2023 Richard Blatter 3546 S Boulder Creek Ln Ammon, ID 83406 City Planner: Cindy Donovan 2135 South Ammon Road Ammon, ID 83406 Re: 5680 Klamath Falls St Brogan Creek #1, Lot #12, Block #2 Ammon, ID 83406 Dear Cindy Donovan, This letter is in appeal to the denial of more than one access from the street to Lot #12 in Brogan Creek Block #2. The consolidation of Lot 4 and Lot 5 resulted in new Lot #12. We are seeking permission for a half circle driveway in the middle of Lot #12, in addition to access from the garage to the street. A half circle driveway will minimize roadside parking on Klamath Falls Street and provide a safer return to the street from the lot. Sincerely, Richard Blatter Ammon City Council 02.02.2023Page 10 of 16 16 of 11 Page 02.02.2023 Council City Ammon POLICY # 50-001 BMPO ACCESS MANAGEMENT PLAN ADOPTION OF POLICIES AND PROCEDURES GENERAL DESCRIPTION: This policy shall adopt the Bonneville Metropolitan Planning Organization (BMPO) Access Management Plan, July 2012, as the guide for access management within the City of Ammon. The goal of the Access Management Plan is to provide consistent and effective access management policies within the metropolitan area and outlines the concepts of access management and sets forth basic policy, planning, design guidelines, and implementation. It shall be the policy of the City of Ammon to follow the plan and its guidelines whenever possible when new development or in cases that would require changes to existing accesses within the City. This policy has been adopted by resolution of the City Council. Policy #50-001 BMPO Access Management Plan Policy and Procedures - Adopted by Resolution #2012-017 Page 1 of 1 Ammon City Council 02.02.2023Page 14 of 16 reasonable manner, but so, at the same time, the public welfare and interests of the City and surrounding area are protected and the general intent and spirit of this chapter are preserved. 10-29-13:SITE PLAN REVIEW: A final site plan review must be approved prior to the issuance of a building permit in all zones. (A)A preliminary site plan must be submitted to the Planning Director to be presented to applicable City Departments for review and recommendations under the following conditions: 1.Multi-family dwellings consisting offour (4)or more attached dwelling units. 2.Dwelling groups consisting of two (2) or more dwelling units inside or outside a Planned Unit Development (PUD). 3.Other residential developments as deemed necessary by the City Council, the Planning Director or as requested by the Planning and Zoning Commission. 4.All developments outside residential zones. 5.All lots being redeveloped through a planned transition zone. (B)A site plan must be submitted to the Planning Directorfor approval inalllow-density residential zones,beforetheissuance ofa building permit,indicatingthe following requirements: 1.All property lines 2.Names of adjacent streets 3.Setbacks on all four (4) sides of the structureto the property lines 4.Access locationand widthof driveway a.Each property is allowed only one (1) access with a thirty (30)footmaximum widthat the street,in accordance with the BMPO Access Management Plan, July 2012and City Policy #50-001. 5.Site address including City of Ammon and Bonneville County, Idaho 6.Subdivision, Division, Lot, and Block 7.Zone 8.North arrow Page 12of 17SUBDIVISION REGULATIONS REVISED 04-21-2022 Ammon City Council 02.02.2023Page 15 of 16 9. 10.Location of utilities,including Fiber if applicable 11.Existing structures, if applicable (C)Staff shall review all site plans for compliance to the requirements of the site plan submission standards. All requirements will be forwarded to the developer for compliance. (D)Staff review of site plans shall be completed prior to final approval of any site plan. Only after signatures from all departments ofthe City relating to site plan approval shall the site (E)All final site plan drawings shall comply with the Site Plan Requirement sheet available from the CityPlanning and ZoningDepartment. Additional documentation may be required as necessary for complete review of any site plan. (F)Upon request for a certificate of occupancy each applicable department shall review the site for compliance with the approved final site plan. The Building Official shall not approve the issuance of a certificate of occupancy until the site has been found to be in compliance with the approved final site plan, unless it is determined by each reviewing Department Head that a temporary certificate of occupancy is appropriate for non-safety issues. Prior to the expiration of a temporary certificate of occupancy all non-compliance issues shall be brought into compliance. (G)Approval of a site plan shall be valid for a period of twenty-four (24) months. 10-29-14:Split Zoned Lots: The following shall address split zoned lots within the City of Ammon. (A)Split zoned lots are prohibited in the City of Ammon. (B)Upon submission of a request for final plat approval a separate document shall be submitted for staff review showing the zoning of each lot within the requested final plat. 10-29-15: GUARANTEE OF COMPLETION:The developer of a subdivision within the City shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivisionor division thereofprior to the issuance of any building permit for said subdivision or produce a guarantee of completion. This guarantee of completion shall be provided in lieu of completing all infrastructure improvements prior to issuance of building permits within a subdivision as required in the City of Ammon annexation and development agreements or any other agreements approved by the City of Ammon. (A)Financial Guarantee Arrangements: Prior to commencing construction on or approving Page 13of 17SUBDIVISION REGULATIONS REVISED 04-21-2022 Ammon City Council 02.02.2023Page 16 of 16