11.07.2019CouncilMinutesAMMON CITY COUNCIL MEETING
THURSDAY, NOVEMBER 7, 2019 — 7:00 P.M.
2135 SOUTH AMMON ROAD
AGENDA:.
A. CALLTO ORDER- Mayor Sean Coletti at 7:00 p.m.
Pledge of Allegiance — Councilmember Tibbitts
Prayer — Councilmember Thompson
B. PROCLAMATIONS AND ANNOUNCEMENTS
1. Small Business Saturday Proclamation
C. CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A (distributed at meeting)
2. Minutes:
h September 5, 2019 Regular Meeting
ii, September 12, 2019 Work Session
iii. September 19, 2019 Regular Meeting
iv. October 3, 2019 Regular Meeting
v. October 10, 2019 Work Session
vi. October 17, 2019 Regular Meeting
D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5 -minute limit) :
E. PUBLIC HEARINGS:
1. PH Hearing 4 2019-028: Hearing on Creation of Fiber Optic Local Improvement District #4 — "LID #4" (Bruce Patterson,
Technologv Director)
F. ACTION ITEMS:
1. Ordinance 9627 annexing approximately 10 acres into the City of Ammon with an initial zoning designation of R I :and
RI -A for future development of The Villas Division 4 subdivision (Cindy Donovan, Planning and Zoning Director)
2. Preliminary Plat for Proposed Subdivision: The Villas, Division 4 (Cindy Donovan, Planning and Zoning Director)
3. Ordinance #628.- Applicant initiated text amendment to Title 10, Chapter 21, Land Use Ordinance, providing for the
sale of beer and wine in an establishment with little to no food service, limiting hours of operations, and regulating age
restrictions, (Cindy Donovan, Planning and Zoning Director)
G. DISCUSSION ITEMS:
1. Purchase of Groundwater Rights (Micah Austin, City Administrator)
2. Staff Reports
3. City Council Reports
4. Mayor Coletti's Report
H. EXECUTIVE SESSION:
1. Personnel Evaluations - Idaho Code 74-206 (1) (b)
2. Real Property Acquisition — Idaho Code 74-206 (1) (c)
3. Pending Litigation — Idaho Code 74-206 (1) (f)
I. ADJOURN
Next Resolution Number: 2019-0188
Next Ordinance Number: 629
City Officials Present: Mayor Sean Coletti
Council President Brian Powell
Councilmember Russell Slack
Councilmember Rex Thomson
Councilmember Byron Wiscombe
Councilmember Craig Tibbitts
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Councilmember Scott Wessel
City Attorney Scott Hall
City Administrator Micah Austin
City Financial Officer Jennifer Belfield
City Engineer Tracy Bono
City Planning and Zoning Director Cindy Donovan
Technology Director Bruce Patterson
Administrative Assistant Shari Ockerman
A. CALL TOORDER: Mayor Sean Coletti opened the meeting at 7:00 p.m. at the Arnmon City Hall
building located at 2135 South Ammon Road. Councilmember Tibbitts let the Pledge of Allegiance. Councilmember
Thompson offered a prayer.
B. PROCLAMATIONS AND ANNOUNCEMENTS
1. Small Business Saturday Proclamation
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Small Business Saturday in Ammon, Idaho
Whereas, the government of Ammon, Idaho, celebrates our local small businesses and the contribution
they make to our local economy and community; according to the United States Small Business
Administration, there are 30.7 million small businesses in the United States, they represent 99.7 percent
of all firms with paid employees in the United States, are responsible for 64.9 percent of net new jobs
created from 2000 to 2018; and
Whereas, small businesses employ 47.3 percent of the employees in the private sector in the United
States; and
Whereas, 94% of consumers in the United States value the contributions small businesses make in
their community; and
Whereas, 96% of consumers who plan to shop on Small Business Saturday' said the day inspires them
to go to small, independently -owned retailers or restaurants that they have not been to before, or
would not have otherwise tried; and
Whereas, 92% of companies planning promotions on Small Business Saturday said the day helps their
business stand out during the busy holiday shopping season; and
Whereas, 59% of small business owners said Small Business Saturday contributes significantly to their
holiday sales each year; and
Whereas, CITY, STATE supports our local businesses that create jobs, boost our local economy and
preserve our communities; and
Whereas, advocacy groups, as well as public and private organizations, across the country have
endorsed the Saturday after Thanksgiving as Small Business Saturday,
Now, therefore, 1, Sean Coletti, Mayor of Ammon, Idaho do hereby proclaim, November 30, 2019, as:
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And' urge the residents of our community, and communities across the country, to support small
businesses and merchants on Small Business Saturday and throughout the year.
C. CONSENT AGENDA: 1@
I. Accounts Payable Report: Exhibit A (distributed at meeting)
Councilmember Powell moved to approve the Consent Agenda -Accounts Payable Report, Exhibit A.
Councilmember Wiscombe seconded. Roll Call Vote: Councilmember Powell — Yes, Councilmember Wiscombe —
Yes, Councilmember Wessel — Yes, Councilmember Slack — Yes, Councilmember Thompson — Yes, and
Councilmember Tibbitts — Yes. The motion passed.
2. Minutes:
i. September 5, 2019 Regular Meeting
Councilmember Powell moved to approve the September 5, 2019 Regular Meeting Minutes. Councilmember Slack
seconded. Roll Call Vote: Councilmember Powell — Yes, Councilmember Slack — Yes, Councilmember Wessel —
Yes, Councilmember Thompson — Yes, Councilmember Wiscombe — Yes, and Councilmember Tibbitts — Yes. The
motion passed.
ii. September 12, 2019 Work Session
Councilmember Powell moved to approve the September 12, 2019 Work Session Minutes. Councilmember Slack
seconded. Roll Call Vote: Councilmember Powell — Yes, Councilmember Slack — Yes, Councilmember Wessel —
Yes, Councilmember Thompson — Yes, Councilmember Wiscombe — Yes, and Councilmember Tibbitts — Yes. The
motion passed.
iii. September 19, 2019.Regular Meeting
Councilmember Slack moved to approve the September 1. 9, 2019 Regular Meeting. Councilmember Wessel
seconded. Roll Call Vote: Councilmember Slack — Yes, Councilmember Wessel — Yes, Councilmember Thompson
— Yes, Councilmember Powell — Abstain (absent), Councilmember Wiscombe — Abstain (absent), and
Councilmember Tibbitts — Yes. The motion passed.
iv. October 3, 2019 Regular Meeting
Councilmember Tibbitts moved to approve the October 3, 2019 Regular Meeting. Counciftnember Slack seconded.
Roll Call Vote: Councilmember Tibbitts — Yes, Councilmember Slack — Yes, Councilmember Wessel — Yes,
Councilmember Thompson - Yes, Councilmember Powell — Abstain (absent), and Councilmember Wiscombe --
Yes. The motion passed.
v. October 10, 2019 Work Session
Councilmember Powell moved to approve the October 10, 2019 Work Session with updates to clarify the Housing
Inventory Chart. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell— Yes, Councilmember
Slack — Yes, Councilmember Wessel — Yes, Councilmember Thompson — Abstain (absent), Councilmember
Wiscombe - Yes, and Councilmember Tibbitts — Yes. The motion passed.
vi. October 17, 2019 Regular Meeting
Councilmember Powell moved to approve the October 17, 2019 Regular Meeting. Councilmember Tibbitts
seconded. Roll Call Vote: Councilmember Powell— Yes, Councilmember Tibbitts — Yes, Councilmember Wessel —
Yes, Councilmember Slack — Yes, Councilmember Thompson — Yes, and Councilmember Wiscombe — Yes. The
motion passed.
11 -Q Lai.; 1 -1 Lq"$J a I LVA I
E. PUBLIC HEARINGS:
1. PH Hearing # 2019-028: Hearing on Creation of Fiber Optic Local Improvement
District 44 — "LID #41' (Bruce Patterson, Technology Director)
Patterson addressed the -audience. He explained the purpose and benefits of creating a Limited
Improvement District (LID). He outlined the LID process including, the cost and financing of the project,
construction methods and timelines, billing and payment options. The subdivisions included in LID #4 are
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Woodland Hills, Courtland Ridge, Highland Springs and Fox Hollow. Patterson answered questions from audience
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members. He outlined the opt in process on the City of Ammon Fiber website.
F. ACTION ITEMS-
]. Ordinance 9627 annexing approximately 10 acres into the City of Ammon with an initial
zoning designation of R1 and RI -A for future development of The Villas Division 4 subdivision (Cindy
Donovan, Planning and Zoning Director) Donovan provided the following information:
Recommendation
- Staff recommends: approval, based on the units per acre being maintained at 2.9 units per acre
Updated Information
- On Monday, October 21 a meeting was held between the Developer and Residents with City Staff present.
- During that meeting the Developer agreed to change the zoning to RP -A to coincide with the balance of the
Villas subdivision.
- Construct a walking path, on the north side of 2 1 st Street from 47th Street to Castelli Drive.
- Attain the easements to allow for the walking path to be constructed. This was confirmed via
email to staff on Tuesday, October 22.
- Developer was informed that the request for zoning, changes would require an additional public hearing which
could be scheduled for December 5.
- On October 24, staff received a phone call from the Developer requesting that the application
remain the R -I and RI -A as requested, but the walking path would still be constructed.
Summary of Analysis
- Parcel is currently agriculture in Bonneville County
- Parcel will be built out as a combination of single-family attached and detached dwellings
- Surrounding zoning: Doves Landing Property C-1, R1 -A. RP -A; Villas Division: 1-3 ) RP -A; Cottages: RP -A;
Quail Ridge: RP; County: Ag land
Parcel Characteristics
- Requested initial zoning: R I -A and R-1
-Total acreage: 10 acres
- Property is located north of East 21st Street, east of South 45th East (Crowley Road), south of East 17th
Street, west of Castelli Drive
- Annexation will allow for second access to 21st Street from The Villas subdivision
- Average lot size.- .29 acres
- Number of lots: 29
- Division 3 will delete 2 lots to make a through street connection from Division 3 to 21 st Street.
Applicant's Request
- Request being presented by Blake Jolley, Connect Engineering and Devin BeInap, RBH
- Annexation of 10 acres total: 7 acres of R- 1, 3 ) acres of R I -A
- Development as proposed would have a density of 2.9 units per acre
Notice
- Letters were mailed out to 16 property owners and IS public entities on September 1. 1, 2019
- Published in the Post Register on September 11, 2019 and September 18, 2019
- Property was posted on September 11, 2019
Mayor Coletti disclosed he had communication with the developer outside of the public hearing held on
October 17, 2019, He explained that since this is a land use issue the Council is in a quasi-judicial role. He recused
himself from voting on this action item.
Councilmember Wiscombe disclosed he also had communication with the developer outside of the public
hearing held on October 17, 2019. He recused himself from voting on this action item.
Councilmember Powell led the discussion. Austin reported on the October 21" meeting held with the
applicant, members of The Villas subdivision and City staff, The purpose of the meeting was to receive answers to
question and to express concerns. Austin summarized the meeting and compromises agreed upon by the developer
and subdivision residents. The developer agreed to a 2.9 units per acre density cap. Austin stated the residents and
developer were comfortable with the outcome of the meeting. Discussion ensued regarding spot zoning,
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Comprehensive Plan compliance and the options of holding an additional public hearing to receive testimony from
residents.
@ Councilmember Tibbitts moved to approve the annexation with the initial zonings, of R- I and RI -A, finding it
is in compliance with the Comprehensive Plan and meets the City ordinance, subject to technical review and a 2.9
units per acre density cap, Councilmember Slack seconded. Roll Call Vote: Councilmember Tibbitts— Yes,
Councilmernber Slack — Yes, Councilmember Wessel — No (not in the best interest of the surrounding area to have
RI -A zoning in the beginning of the ten acres being annexed), Councilmember Thompson —No (it is spot zoning)
and Councilmember Powell — Yes. The motion passed.
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BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY (9
AMMON, IDAHO THAT: 11
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 of Ammon has determined that it is necessary to
hold public hearing before the City Council on the request for annexation and the City Council
can act upon the public hearing and recommendation of the Planning and Zoning Commission.
NOW THEREFORE, be it hereby ordained by the Mayor and City Council of the City of
Ammon:
(1) That public hearing 42019-019 was held before the Planning and Zoning
Commission of the City of Ammon following proper legal requirements for
advertisement of the hearing and recommendations were received from the
Planning and Zoning Commission.
(2) That public hearing 42019-021 was held before the Ammon City Council
following proper legal requirements for advertisement of the hearing and
recommendations were received from the Planning and Zoning Commission.
(3) That the City Council did adopt the recommendations from the Planning and
Zoning Commission as its findings of fact.
(4) 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.
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(5) That the zoning classification of R- I and R I -A is, compatible 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:
LEGAL DESCRIPTION
ANNEXATION
Beginning at a point that is North 87'56'58" East along the Section line 134-33.28 feet from the
Z:�
Northwest comer of Section 25, Township 2 North, Range 38 East of the Boise Meridian
Bonneville County, Idaho, said Point of Beginning being the Northwest comer of the
Northeast 1/4 of the Northwest 1/4: of said Section 25; running thence North 87'5658" East
330.44 feet; thence South 00'09'59" East 1318.92 feet to the South line of the Northeast 1/4
of the Northwest 1/4: of said Section 25; thence South 87'56'00" West 330.44 feet to the
Southwest comer of the Northeast 1/4 of the Northwest 1/4 of said Section 25; thence North
00'09'59" West 1319.01 feet to the Point of Beginning.
Subject to: Existing County Road Right -of -Way and easements of record.
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 and due publication.
AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE
COUNTY, IDAHO; DESCRIBING WITH PARTICUIARITY SAID LANDS TO BE ANNEXED AND ZONED
AND HEREBY ANNEX AND ZONE AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON,
BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE
ANNEXED LANDS ANDTERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON,
IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS
ORDINANCE AND OF THE ANNEXATION OF SAID, LANDS. (The Villas Division 4, North of 2 Ist East, East
of Crowley, West of Castelli)
I move that the City Council dispenses with the rule requiring the ordinance be read on three different days and that
the three readings be waived. Councilmember Slack seconded Roll Call Vote: Councilmember Powell — Yes,
Councilmember Flack— Yes, Councilmember Wessel — Yes, Councilmember Thompson — No (spot zoning), and
Councilmember Tibbitts — Yes. The motion did notpass, and the ordinance must be read at another meeting
2. Preliminary Plat for Proposed Subdivision: The Villas, Division 4 (Cindy Donovan, Planning
and Zoning Director)
Councilmember Slack moved to continue to the next meeting the Preliminary Plat for Proposed Subdivision: The
Villas, Division 4. Councilmember Powell seconded. Roll Call Vote.- Councibneinber Slack — Yes, Councilmember
Powell — Yes, Councilmember Wessel — Yes, Councilmember Thompson — Yes, Councilmember Tibbitts — Yes and
Councilmember Wiscombe — Yes. The motion passed.
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Ordinance #628: Applicant initiated text amendment to Title 10, Chapter 21, Land Use Ordinance, providing
for the sale of beer and wine in an establishment with little to no food service, limiting hours of operations, and.
regulating age restrictions. (Cindy Donovan, Planning acrd Zoning Director) Donovan provided the following
information:
Recommendation
- Staff recommends: Approval
Updated Information
- New proposed language was developed to allow for better placement of possible locations
- Titles were given to the different types of establishments
- In addition to State Statute and City of Ammon. Title 10 Chapter 21, retail sale of liquor, beer
and/or wine is regulated under City of Ammon. Title 4, Chapters 2 3, and 4
- Research: All entities listed refer to Idaho Title 23.
• Driggs does not regulate the sale of beer and wine in regards to food service
a Blackfoot requires 40% of the establishment's consumable purchases are derived from
purchases of food and nonalcoholic beverages
0 Salmon does not regulate the sale of beer and wine based on food sales but does not allow
sale of liquor on Sunday.
m Jefferson County, Rigby a non -restaurant business that has as an adjunct for the sale of
prepared food and has a license to sell beer and wine may do so from 12 p.m. to 9 p.m..
Sundays provided such food generates at least 70 percent of gross revenues on weekdays.
o Rexburg requires direct access to a public street, location may not be in a basement or an
upper floor, must be located in a designated business section.
O Victor includes bars, taverns, pubs and brewpubs under the classification of restaurant.
Summary of Analysis
- Title 10 Chapter 21 HC -1 to allow for the sale of beer and wine with little or no food service with an age
limit of 21 years of age or older
Austin explained the changes to the language of the ordinance to protect against an establishment opening
with onsite consumption of hard liquor and little to no food sales.
Councilmember Wisconlbe moved to approve Ordinance 4628: Applicant initiated text amendment to 'Title 1.0,
Chapter 21, Land. Use Ordinance, providing for the sale of beer and wine in an establishment with little or no food.
service, limiting hours of operation and regulating age restrictions. Councilmember Slack seconded. Roll Call Vote:
Councilmember Wiscombe .- Yes, Councilmember Slack - Yes, Councilmember Wessel - No (the existing
ordinance works), Councilmember Thompson _ No (the current ordinance is good the way it is), Councilmember
Powell - Yes and Councilmember Tibbitts - Yes. The motion passed.
Councilmember ..,N ORDINANCE AMENDING A PORTION OF TITLE 10, PLANNING
ZONING, CHAPTER 21 HC -1, HIGHWAY COMMERCIAL, OF THE CITY OF AMMON, PROVIDING
O SEVERABILITY; REPEALING CONFLICTING
ORDINANCES AND PROVIDING
by,I IIF
EFFECTI
m1 -ATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO
Section 1: Title 10, Chapter 21 HCA
Title 10, Cha ter2l HC -1 HIGHWAY COMMERCIAL, a now Section2-E Use Requirements, of the
City Code of Ammon shall be adopted to read as follows:
10-21-2: USE REQUIREMENTS: SEE 10-37-1
(A) Restaurants Serving Liquor: To serve liquor by the drink, and beer and wine by the drink,
at retail upon premises as a secondary use only wherein the primary operation of the
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premises is as a restaurant/caf6 in the business of preparing, serving and dispensing
food and beverages wherein such premises do not have an age restriction imposed by
any chapter within Title 23 of the Idaho State Code. Secondary use as used in this
Chapter shall mean- The sale of liquor shall be second in sales when compared to food
sales. Secondary use shall also mean at minimum liquor sales shall not exceed forty
(40) percent of total sales in said establishment. Upon request of the City Council, an
establishment shall provide to the Planning Director a detail of total sales and
comparisons by category. Sales should be substantiated by computer generated
reports obtained by a cash register or other electronic device used for tracking sales in
an establishment.
(B) Beer and Wine Caf6: To serve beer and wine by the drink, at retail upon premises or as
carry -out in an establishment, with an age limit of 21 years of age or older, with little or
no food service, provided the following conditions are met- 1) Shall be located in a multitenant
structure where at least one restaurant is operating at the time of business license
application for the Beer and Wine Cafe- 2) Hours of operation shall be limited to 9:00
a.m.-11:00 p.m.; 3) Shall allow food to be brought in from local restaurants; 4) Shall not
be issued a liquor license; and 5) Shall operate in compliance with regulations within
Title 23 of the Idaho State Code.
All provisions of the current Code or ordinances of the City of Ammon which conflict with the
provisions of this ordinance are hereby repealed to the extent of such conflict.
Section 3: Severability.
This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared
invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and
effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial
invalidity.
. @ I move that the City Council dispenses with the rule requiring the ordinance be read on three different days
and that the three readings be waived. Councilmember Powell seconded Roll Call Vote: Councilmember Slack —
Yes, Councilmember Powell — Yes, Councilmember Wessel — No, Councilmember Thompson -- No, Councilmember
Wiscombe — Yes and Councilmember Tibbitts — Yes. The motion did not pass, and the ordinance must be read at
another meeting.
G. DISCUSSION ITEMS:
1. Purchase of Groundwater Rights (Micah Austin, City Administrator): IR Austin displayed an
e-mail received from Roger Warner, Rocky Mountain Environmental, to inform Council of 200 acres of irrigation
rights available for purchase at $5,500 per acre for a total of $1.1 million. The seller suggested breaking up the sell
to 13 acres portions of the groundwater rights. Council directed Austin to obtain more information regarding priority
date, how many homes 13 acres can service and the details of the last water right transaction.
2. Staff Reports: a Donovan asked for Council's input regarding Silver Springs, Deer Valley and
South Commercial Property development agreements. she reviewed special conditions and pertinent details of the
agreements.
Austin reported points of interest from the pressurized irrigation team meeting. Discussion ensued regarding the
proposed cost of the system, the effect of future development and other city's irrigation systems.
Bono updated Council on the construction status of the ITh St roundabout. He shared a video from Virginia
Department of Transportation demonstrating the use of the mini roundabouts. He reported 750 meters have been
installed this year and installations are still going.
3. City Council Reports: None
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4. Mayor Colettils Report: The Winter Light Parade and Gazebo Lighting is November 30". Fle
reported on his lunch with Mayor Gubler of Iona regarding the fire district.
4�1
H'. EXECUTIVE SESSION:
1. Personnel Evaluations - Idaho Code 74-206 (1) (b)
2. Real Property Acquisition — Idaho Code 74-206 (1) (c)
3. Pending Litigation — Idaho Code 74-206 (1) (f)
Councilmember Powell moved to enter into Executive Session pursuant to Idaho Code 4-2206 (1) (b), (t) (c), (1) (f),
Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell — Yes, Councilmember Thompson —
Yes, Councilmember Wessel - Yes, Councilmember Slack — Yes, Councilmember Wiscombe — Yes, and
Councilmember Tibbitts. — Yes. The motion passed.
The meeting adjourned at 10:20 p.m.
The Executive Session adjourned at 10: 35 p.m.
Sean Coletti, Mayor
Next Resolution Number: 2019-018R
Next Ordinance Number: 629
Je�'ri. er Beld, Acting City Clerk
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