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12.15.2022 Council Packet Ammon City Council 12.15.2022Page 1 of 48 Ammon City Council 12.15.2022Page 2 of 48 Ammon City Council 12.15.2022Page 3 of 48 Ammon City Council 12.15.2022Page 4 of 48 Ammon City Council 12.15.2022Page 5 of 48 Ammon City Council 12.15.2022Page 6 of 48 Ammon City Council December 15, 2022 Mayor Coletti and City Councilmembers: Resolution No. 2022-016R Authorizing the purchase of the Interim Warrant for LID #6 Staff Presenting: Dan Tracy, Technology Director Recommendation -Staff recommends adoption of Resolution No. 2022-016R. Summary of Analysis 1.This resolution authorizes the purchase of the Interim Warrant (construction loan) for LID #6. Financial Impact -LID #6 is expected to take up to 48 months in construction. It is projected to cost between 2 and 3 million. Motion °6 wzf ‡z Y„zf Kf zvˆ‡nzx àÞàà¼ÞßäK !ˆ‡mz„n“nxl ‡mf Hˆ„bmY f zk ‡mf 6x‡f„nw TY„„Yx‡ kz„ =6,Ûä± Attachments: 1.Resolution 2022-016R. 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.ci.ammon.id.us Page|1 Ammon City Council 12.15.2022Page 7 of 48 CITY OF AMMON BONNEVILLE COUNTY, IDAHO RESOLUTION NO. 2022-016R (Authorizing Purchase of an Interim Warrant) A RESOLUTION OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO (THE “CITY”) AUTHORIZING THE PURCHASE BY THE CITY OF THE FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 6 WARRANT, 2022 (FEDERALLY TAXABLE) TO BE ISSUED PURSUANT TO ORDINANCE NO. 695 OF THE CITY FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR CERTAIN FIBER OPTIC SYSTEM IMPROVEMENTS AND RELATED APPURTENANCES WITHIN FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 6 FOR AMMON, IDAHO IN ADVANCE OF THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS; PROVIDING FOR THE EFFECTIVE DATE OF THIS RESOLUTION; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, the City of Ammon, Bonneville County, Idaho (the “City”), is a municipal corporation operating and existing under and pursuant to the provisions of the Constitution and laws of the State of Idaho; WHEREAS, the City Council of the City (the “City Council”), by Ordinance No. 694, adopted November 17, 2022, created Fiber Optic Local Improvement District No. 6 for Ammon, Idaho (“Fiber LID No. 6”), and provided for the issuance of local improvement district warrants and bonds to finance the costs of design, acquisition, construction and installation of certain fiber optic system improvements and related appurtenances (collectively, the “Improvements”); WHEREAS, Section 50-1722, Idaho Code, authorizes the City to issue interim warrants for the purpose of meeting any cost and expenses of making the Improvements, as the same are installed prior to the sale of bonds; WHEREAS, the City Council, by Ordinance No. 695, adopted December 1, 2022 (the “Warrant Ordinance”), provided for the issuance and sale of a warrant in the aggregate principal amount of not to exceed $3,000,000 to be designated as the “Fiber Optic Local Improvement District No. 6 for Ammon, Idaho Warrant, 2022 (Federally Taxable),” the form of which is attached as Exhibit A to this Resolution (the “Warrant”), for the purpose of providing interim financing for certain fiber optic system improvements and related appurtenances within Fiber LID No. 6. WHEREAS, the City, in the Warrant Ordinance, indicated its intent to purchase the Warrant on such terms the City Council deems acceptable; WHEREAS, the City has the authority to purchase the Warrant; WHEREAS, the City Council has determined the terms of the Warrant, as set forth in the Warrant Ordinance, to be acceptable and desires to empower the treasurer of the City (the “City Treasurer”) to use City funds to purchase the Warrant; NOW THEREFORE, IT IS RESOLVED by the City Council of the City as follows: Section 1. The purchase of the Warrant is hereby approved pursuant to the terms and conditions of the Warrant Ordinance and the City Treasurer is hereby directed to use the investable funds of the City to consummate said purchase. Section 2. This Resolution shall take effect and be in full force from and after its passage. \[the following page is the execution page\] Ammon City Council 12.15.2022Page 8 of 48 RESOLUTION NO. 2022-016R - Page 1 47773.0009.15258362.2 PASSED by the Council of the City this 15th day of December, 2022. CITY OF AMMON, STATE OF IDAHO By: _________________________________ Sean Coletti, Mayor ATTEST: Kristina Buchan, City Clerk Ammon City Council 12.15.2022Page 9 of 48 RESOLUTION NO. 2022-016R - Page 2 47773.0009.15258362.2 I, the undersigned, City Clerk of the City of Ammon, Bonneville County, Idaho, hereby certify that the foregoing Resolution is a full, true, and correct copy of a Resolution duly adopted at a regular meeting of the City Council of the City of Ammon (the “City Council”); the meeting was duly and regularly held at the regular meeting place of the City Council on December 15, 2022; all members of the City Council had due notice thereof; and a majority of the members were present. The following is the vote upon the Resolution: Councilmembers voting Yes: Councilmembers voting No: Councilmembers abstaining: Councilmembers absent: I further certify that the Resolution has not been amended, modified, or rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the official seal of the City on December 15, 2022. CITY OF AMMON, BONNEVILLE COUNTY, IDAHO By: Kristina Buchan, City Clerk Ammon City Council 12.15.2022Page 10 of 48 RESOLUTION NO. 2022-016R - Page 3 47773.0009.15258362.2 EXHIBIT A FORM OF WARRANT (attached) RESOLUTION NO. 2022-016R - Page 4 Ammon City Council 12.15.2022Page 11 of 48 47773.0009.15258362.2 UNITED STATES OF AMERICA $3,000,000 (or as much thereofNo. W-1 as is shown on the attached grid) STATE OF IDAHO CITY OF AMMON, BONNEVILLE COUNTY, IDAHO FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 6 WARRANT, 2022 (FEDERALLY TAXABLE) INTEREST RATE:DATED DATE:MATURITY DATE: 3.00%December 16, 2022December 16, 2026 REGISTERED OWNER:CITY OF AMMON, BONNEVILLE COUNTY, IDAHO PRINCIPAL AMOUNT:THREE MILLION AND NO/100 DOLLARS (or as much thereof as is shown on the attached grid) The City of Ammon, Bonneville County, Idaho, acting on behalf of Fiber Optic Local Improvement District No. 6 for Ammon, Idaho (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date the Principal Amount, or as much thereof drawn by the City (“Draws”), together with interest thereon from the date of each Draw at the Interest Rate. The amount of outstanding Draws at any one time is limited to no more than $3,000,000, to be evidenced on Schedule A to this Warrant or in a similar manner. Accrued interest is payable on the Maturity Date or on a date of prepayment, in whole or in part, of this Warrant and all outstanding principal is due on the Maturity Date together with any unpaid interest thereon. Interest on the Warrant shall be calculated on the basis of a 365-360 day year. Both principal of and interest on this Warrant are payable in lawful money of the United States of America. The final payment of principal and interest on this Warrant shall be payable upon presentation of this Warrant to the Treasurer of the City, as registrar (“Warrant Registrar”). Draws under this Warrant may be prepaid in whole or in part at any time prior to the Maturity Date, without penalty, upon three (3) days’ notice delivered by the Warrant Registrar to the Registered Owner, with prepayments to be applied first to interest accrued from the date of each Draw and then to principal. This Warrant is issued pursuant to Ordinance No. 695 of the City passed on December 1, 2022 (the “Warrant Ordinance”) and in accordance with the provisions of the Constitution and applicable statutes of the State of Idaho for the purpose of providing interim financing and paying part of the costs of Improvements in Fiber Optic Local Improvement District No. 6 for Ammon, Idaho (“Fiber LID No. 6”). This Warrant is issued in anticipation of the issuance of Fiber LID No. 6 Bonds authorized by the City. Terms not otherwise defined herein shall have the meanings set forth in the Warrant Ordinance. EXHIBIT A TO RESOLUTION NO. 2022-016R - Page 5 Ammon City Council 12.15.2022Page 12 of 48 47773.0009.15258362.2 This Warrant is a special obligation of the City acting on behalf of Fiber LID No. 6 and is payable solely from the proceeds of local improvement district bonds or refunding warrant(s) to be issued by the City on behalf of Fiber LID No. 6, which proceeds the City has covenanted and agreed to deposit in the Fiber LID No. 6 Warrant Repayment Fund of the City. Such local improvement district bonds are to be payable from assessments levied upon the property of only those property owners within Fiber LID No. 6 who have specifically elected to be benefited by the Improvements. This Warrant shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Warrant Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Warrant Registrar. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Idaho to exist, to have happened, been done and performed precedent to and in the issuance of this Warrant have happened, been done and performed and that the issuance of this Warrant does not violate any constitutional, statutory or other limitation upon the amount of indebtedness that the City may incur. IN WITNESS WHEREOF, the City Council of the City has caused this Warrant to be signed with the manual or facsimile signature of the Mayor and Treasurer, both of which shall be attested by the manual or facsimile signature of the City Clerk, as of this 16th day of December, 2022. CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, acting on behalf of Fiber Optic Local Improvement District No. 6 for Ammon, Idaho By: Mayor By: Treasurer ATTEST: City Clerk EXHIBIT A TO RESOLUTION NO. 2022-016R - Page 6 Ammon City Council 12.15.2022Page 13 of 48 47773.0009.15258362.2 CERTIFICATE OF AUTHENTICATION This Warrant is the interim warrant described in the within-mentioned Warrant Ordinance and is the Fiber Optic Local Improvement District No. 6 Warrant, 2022 of the City of Ammon, Bonneville County, Idaho, dated December 16, 2022. Dated: December 16, 2022Warrant Registrar: By: Treasurer * * * * * * * * EXHIBIT A TO RESOLUTION NO. 2022-016R - Page 7 Ammon City Council 12.15.2022Page 14 of 48 47773.0009.15258362.2 SCHEDULE A CITY OF AMMON BONNEVILLE COUNTY, IDAHO FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 6 WARRANT, 2022 (FEDERALLY TAXABLE) ADVANCES AND PAYMENTS OF PRINCIPAL Amount ofUnpaid Amount ofPrincipal PaidPrincipalNotation DatePrincipal Drawor PrepaidBalanceMade By EXHIBIT A TO RESOLUTION NO. 2022-016R - Page 8 Ammon City Council 12.15.2022Page 15 of 48 47773.0009.15258362.2 Ammon City Council 12.15.2022Page 16 of 48 Ammon City Council 12.15.2022Page 17 of 48 VICINITY MAP SUNNYSIDE RD E. JUDY E. JUDY S TAYLORVIEW LN PROJECT LOCATION Ammon City Council 12.15.2022Page 18 of 48 BARRY SOUTH PROPERTY GAS- INTERMOUNTAIN GAS TOTAL ACRES = 32.374 ACRES POWER -ROCKY MOUNTAIN POWER R-2 LOTS = 8 A PART OF THE NORTHEAST QUARTER CORNER OF SECTION 34, T2N, R38E, SEWER - CITY OF AMMON COMMERCIAL LOTS = 13 BOISE MERIDIAN, CITY OF AMMON, BONNEVILLE COUNTY, IDAHO WATER - CITY OF AMMON WATER SYSTEM EXISTING ZONE = AG PROPOSED ZONE = R2 & HC1 NE COR. SEC. 34 T.2N., R.38E., BM INST. NO. 863408 S88° 53' 12"E 803.81' S02° 55' 35"E N20° 36' 59"E 10.23' 53.52' N42° 26' 13"E N81° 23' 38"E 46.90' N70° 15' 35"E 67.15' 71.20' 17124 SF 16334 SF N63° 21' 47"E 22659 SF N89° 50' 45"E 14.57' 30.58' 69214 SF FOLK WAY EXISTING DITCH BANK ( 8''SS( 8''SS 8''W 8''W 60' 29758 SF 65.05' N07° 56' 29"E LEGEND 150.22' 12.94' P.O.B.POINT OF BEGINNING 68.75' 19145 SF 21721 SF BOUNDARY LINE LOT LINE 15' EASEMENT ALONG ALL SIDE ST VICINITY MAP 168.21' PHASE LINE N15° 45' 00"E SECTION LINE 47.29' 73600 SF XEXISTING FENCE 30.0' 15.0' DITCH SUNNYSIDE RD SECTION CORNER EASEMENT 60' CONTOURS N15° 44' 41"E 150.39' 71545 SF PROPOSED/EXISTING FIRE HYDRANT 20532 SF E. JUDY PROPOSED/EXISTING VALVE E. JUDY PAULY DR PROPOSED/EXISTING MANHOLE 23649 SF S TAYLORVIEW LN PROPOSED/EXISTING STORM DRAIN INLET N07° 22' 52"E 89.71' VALERY CIR PROJECT PROPOSED/EXISTING POWER POLE LOCATION N19° 03' 16"W EXISTING DITCH, CULVERT 95.29' CROSSING WILL BE DESIGNED PROPOSED/EXISTING STREET LIGHT WITH FINAL IMPROVEMENT DWGS 60'18535 SF 56043 SF PROPOSED/EXISTING CURB AND GUTTER PRESSURE LINE (WATER LINE) 68440 SF 19075 SF SANITARY SEWER MAIN STORM DRAIN 21149 SF TOWNHOME BUILDING FOOTPRINT 30.0' N29° 32' 45"W 206.19' 20612 SF 54777 SF40.0' 60' JUDY ST 16.21' EXISTING EDGE OF OIL PLPL 60' N20° 31' 47"W CONELA CIR 49.44' 5'6'24'24'6'5' SIDEWALKLANDSCAPE LANDSCAPESIDEWALK N08° 42' 51"E STRIP STRIP 144.88' 35' PUBLIC UTILITY EASEMENT 21.5'21.5' N34° 24' 32"E 96.24' MAIL 2.5' N78° 19' 55"E SEAL COAT SEE DETAIL 2 47436 SF TYP. SLOPE = 2% 110.65' 12" TYP 3" MIN. TOP SOIL12" TYP N45° 47' 48"E GRANULAR BORROW 2" ASPHALT PLANTMIX PAVEMENT 89.78'60' RIGHT OF WAY SECTION EXISTING DITCH 3" - 3/4" AGGREGATE BASE EXISTING DITCH, CULVERT 9" PIT RUN CROSSING WILL BE DESIGNED WITH FINAL IMPROVEMENT DWGS 60' RIGHT-OF-WAY 332936 SF EXISTING DITCH BANK TOE 15.0' DITCH EASEMENT AGLE ROCK N03° 24' 00"W 142.88' NGINEERING E CIVIL planning SURVEYING 32136 SF IDAHO FALLS (208) 542-2665 REXBURG (208) 359-2665 SURVEYED BY:ADAM SNARR N71° 58' 45"W OFFICES AT: DRAWN BY:ANGIE GARCIA 28.81' CEN COR. SEC. 34 APPROVED BY:KURT ROLAND T.2N., R.38E., BM 310 N 2nd East, Suite 153 E 1/4 COR. SEC. 34 PROJECT NO.19102 INST. NO. 499923 T.2N., R.38E., BM Rexburg, Idaho 83440 INST. NO. 764599 SCALE:1"=80' 2.5' TYPICAL ROLL BACK CURB & GUTTER SECTIONDATE:JUNE 2019 1331 Fremont Ave. REVISION: Idaho Falls, Idaho 83402 CAD NAME:BARRY SOUTH Ammon City Council 12.15.2022Page 19 of 48 DEER VALLEY SUBDIVISION INSTRUMENT NO. 1647205 LOT 3 B L O C K 2 LOT 2 LOT 5 LOT 6 LOT 7 Ammon City Council 12.15.2022Page 20 of 48 Ammon City Council 12.15.2022Page 21 of 48 Ammon City Council 12.15.2022Page 22 of 48 Ammon City Council 12.15.2022Page 23 of 48 Ammon City Council 12.15.2022Page 24 of 48 Ammon City Council 12.15.2022Page 25 of 48 Ammon City Council 12.15.2022Page 26 of 48 Ammon City Council 12.15.2022Page 27 of 48 10-10-1: Appointment 10-10-2: Powers and Duties of Planning and Zoning Commission 10-10-3: Submission of Building and Zoning Matters to Planning Commission Ammon City Council 12.15.2022Page 28 of 48 Ammon City Council 12.15.2022Page 29 of 48 Ammon City Council 12.15.2022Page 30 of 48 Ammon City Council 12.15.2022Page 31 of 48 Ammon City Council 12.15.2022Page 32 of 48 November 20, 2022 Cindy Donovan City Ammon 2135 Ammon Ammon, 83406 Donovan and City Ammon Planning Team, IÒve considered what could offer the City Ammon and particularly the Planning and Zoning Commision, I think I can boil down a couple attributes that IÒve learned and developed IÒve lived and worked most adult life Ammon. entire professional career has been spent analyzing performance and efficiency shortcomings a business setting and coming with suggestions, tools and resources apply for improvement. I love the analysis and the information gathering aspect this role and I apply the same toolset most areas life. I believe that many the same insights and approaches can applied the evaluation issues brought before the Planning and Zoning Commission. While I donÒt necessarily fit the mold, with little experience in real estate, construction city administration, IÒm willing learn more about the guiding principles and plans that should drive the planning our community. IÒve already spent considerable time with the Ammon Comprehensive Plan I participated meetings and discussions with city leaders related a development plan own part the city. During those conversations and meetings with the Commission, City Council and Mayor, several suggestions and alternatives were considered and incorporated into what became the final plan that situation. I came away confident the CityÒs vision and plan, but not confident that itÒs always being applied intended. That experience a big part what made more interested the process and being more involved going forward, even outside own neighborhood and personal interest. I believe personal temperament and communication style can also help the Planning group what can often contentious, heated and emotional situations. During the aforementioned meetings with Planning and Zoning and the City Council, I was asked our neighborhood group the group and for our neighborhood before the City interested citizens a spokesperson for when emotions were running high. I was ready and willing take that role because I had done homework the issue and was able communicate the salient points those making the decision. I try always evaluate decisions based facts and data and insist considering multiple perspectives and challenging own preconceived ideas. I ready and willing put these attributes use with the Planning and Zoning Commission. I hope see our city continue thrive and grow ways that will preserve what I love about Ammon. I would love part the process I can a good fit and valuable asset our city. Thank you for your consideration. IÒd love discuss the position further you have any questions about interest. Thank you, Jeff Caldwell Ammon City Council 12.15.2022Page 33 of 48 Ammon City Council 12/15/2022 Mayor Coletti and City Councilmembers: Ordinance 696 to Amend Title 5 Chapter 3 Sections 17-20 of the Ammon Municipal Code Staff Presenting: Clarissa Mueller, Enforcement Officer Recommendation -Staff Recommends to adopt Ordinance 696 and waive the three readings. Summary of Analysis 1.Pet sales in public places- The Enforcement Department has received complaints and concerns „flY„dnxl ˆ Yvf ‡mY‡ Y„f zbbˆ„„nxl nx ‡mf Y„unxl vz‡ zx ‡mf xz„‡m ndf zk Lz„‡ wYx¯ Warehouse on Derrald Dr. The puppy sales have been happening for some time. However, what was once one or two litters has grown exponentially. One person referred to the puppy Yvf zx ç¸àâ¸àà Y Y °bY„xnYv± Y ‡mf„f Žf„f ˆnf vnxfd ˆ Yvzxl ‡mf zˆ‡m ndf zk ,f„„Yvd and they have also expanded to selling puppies on the north side of Derrald near Alpine Jewelers. 2.Safety concerns include: people crossing the street with no regard to moving vehicles (there are no crosswalks in this mid-block area), people parking along both sides of Derald preventing consumers from exiting the parking lot safely, traffic jams and backups coming off of Hitt Rd., employees complaining about not having parking spaces available for them to park in or bˆ ‡zwf„ xz‡ afnxl Yavf ‡z Y„u ‡z mz Y‡ ‡mf aˆ nxf f ­ ! Lz„‡ wYx¯ fwvzff ‡zvd wf that angry people are coming into their store upset with them for allowing the sales. Their reply n ‡mY‡ ‡mf dzx¯‡ zŽx ‡mf Y„unxl vz‡ Yxd afbYˆ f ‡mf zxv „fx‡ ‡mf aˆnvdnxl ‡mf„f n xz‡mnxl they can do. 3.Animal welfare concerns such as puppies that have been raised in poor conditions or have not received proper veterinary care often suffer from illnesses or parasites that are transmissible to humans. Diseases can spread rapidly at open-air venues such as this parking lot area, where dozens of people may handle these animals. Transmittable health problems include parvovirus and mange, which can be passed to other puppies or dogs, and giardia, which can be passed to both animals and humans. Mmf l„Y ‡„n Y‡ ‡mn vzbY‡nzx n Yv z „fkf„„fd ‡z Y °HY„z KzŽ z„ HY„z !vvf­± Mmn lnf Y f„ negative connotation to the businesses here along with actual concerns for canine parvovirus. Parvo is a disease that is highly communicable to puppies 6 weeks to 6 months old. They are exposed to the parvovirus every time they sniff, lick, or consume infected feces. Indirect transmission occurs when a person who has recently been exposed to an infected dog touches another puppy. There is no way to know if a dog or puppy is contagious and spreading the disease until the symptoms present, which is typically within 3-7 days. At that point, emergency vet care is crucial for them to survive. Puppies are repeatedly being exposed to parvo due to the 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|1 Ammon City Council 12.15.2022Page 34 of 48 feces infecting the ground in this area. We have confirmed cases of parvo in puppies purchased from this location. If the puppy does not receive treatment soon enough, the outcome is almost always death. If treatment is received early on, the prognosis is usually good, but very costly around $1200-1500 and up. This causes financial and emotional distress to the new owners. 4.Due to the growing numbers of people selling puppies, a group of people rallied to protest the puppy sales on 9/24/22, resulting in a news story. Channel 8 is referring to these puppy sales as ‡mf °Hˆ >Y„uf‡ nx !wwzx­±https://youtu.be/AOXwR9ns-Ko 5.Most of the people selling puppies are not Ammon residents. They come from Rexburg, Rigby, Lmfvvfª 6dYmz 3Yvv ª Yxd z‡mf„ ˆ„„zˆxdnxl Y„fY ­ Kf zx navf a„ffdf„ Y„fx¯‡ lznxl ‡z Y„unxl lots or other public areas to sell their puppies. 6.I reached out to Hawkins Companies Property Management and their security team began asking puppy sellers to leave the premises. This led to sellers setting up on the sidewalk and on the street. Some sellers moved to a vacant car lot on 14th North to sell their puppies. Hawkins put up signs at Sportsmans on the trees to deter people from selling animals or loitering, but the nlx Y„f afnxl nlxz„fd­ Mmf Lmf„nkk¯ Akknbf n Y unxl fzvf ‡z vfYf z„ fxkz„bnxl ‡„f Y nxl laws, but the sellers are reported to leave and come back at a later time or other day. 7.The Traffic Commission passed a no parking zone on Derrald that will eliminate sellers from setting up in the street in the future at this location. In order to prevent these sales from continuing, an ordinance preventing animal sales in public places will be necessary. Prohibiting the sale of animals in public places is important because backyard breeders often use public venues to sell animals that are underage, unhealthy, not vaccinated and not spayed or neutered. These sales are unregulated, with no accountability on the part of the seller. Many of these pets are purchased impulsively and are surrendered to shelters when the cost of caring for them becomes unmanageable. 8.Mill-Bred Pets-The Humane Society of the United States (HSUS) has determined that puppy and un‡‡fx wnvv Y„f nxmˆwYxf bzwwf„bnYv a„ffdnxl kYbnvn‡nf Žmnbm dn „flY„d ‡mf YxnwYv ¯ mfYv‡mª both physical and emotional, in order to maximize profits. The U.S. has about 10,000 (licensed and unlicensed) puppy mills. Approximately 2.4 Million puppies are sold annually that originate from these mills. Most pet store puppies or kittens come from these substandard breeding facilities. When consumers buy puppies or kittens from pet stores, it is likely that they are unknowingly supporting the puppy and kitten mill instrusty. 9.Documented abuses of puppy and kitten mills include over-breeding; inbreeding; minimal to non-existent veterinary care; lack of adequate food, water or shelter; lack of socialization; lack of adequate space; and the euthanization of unwanted animals. The inhumane conditions in puppy and kitten mills can lead to health and behavioral issues in the animals, which many consumers are unaware of when purchasing animals. 10.The lack of enforcement resources at local, state and federal levels allow many inhumane puppy and kitten mills to operate with impunity. According to the HSUS, consumers purchase dogs and cats from pet stores that are believed to be healthy and genetically sound, but in reality, these animals often face an array of health problems including zoonotic diseases or genetic disorders 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|2 Ammon City Council 12.15.2022Page 35 of 48 that present after sale of surface several years later, which leads to costly veterinary bills and emotional distress to the pet owners. 11.Many reputable dog and cat breeders refuse to sell through pet stores or in public places such as parking lots, and work carefully to screen families and ensure good, lifelong matches. Responsible dog and cat breeders do not sell their animals to pet stores or in parking lots. The United Kennel Club (UKC), the second oldest all-breed registry of purebred dogs pedigrees in the U.S. and the second largest in the world, asks its breeder members to agree to a Code Of Ethics which includes a pledge not to sell their puppies to pet stores. Similar pledges are included in Codes of Ethics for many individual breed clubs. 12.Due to growing awareness and education across the country, there are over 400 and counting city and/or county ordinances enacted to address the sale of puppies and kittens bred in these substandard, inhumane breeding facilities. ßá­!wwzx¯ Hf‡bz Yxd xfnlmaz„nxl Hf‡LwY„‡ Yv„fYd zf„Y‡f „zkn‡Yav a kzbˆ nxl zx ‡mf Yvf zk pet services and supplies. They also partner with many of our local animal rescue organizations by holding adoption events through their stores and offering discounts for newly adopted animals. 14.The sale of dogs or cats in pet stores or sold or offered for sale in public places in the City of !wwzx n nxbzx n ‡fx‡ Žn‡m ‡mf *n‡¯ lzYv ‡z af Y bzwwˆxn‡ ‡mY‡ „zwz‡f YxnwYv ŽfvkY„f­ 15.Although there is currently not an issue in Ammon due to responsible local pet stores, prohibiting the sale of dogs and cats of any age in pet stores and public places (unless sourced from an animal shelter or animal rescue organization) will prevent any future concerns, promote community awareness of animal welfare and will foster a more humane environment within the City. We also believe that these restrictions will encourage pet consumers to adopt dogs and bY‡ k„zw mfv‡f„ ª Žmnbm Žnvv Yf YxnwYv ¯ vnf Yxd „fdˆbf bz ‡ ‡z ‡mf ˆavnb ‡z mfv‡f„ animals. 16.The sale of dogs and cats from puppy or kitten mills, backyard breeders, or other sources that use substandard breeding practices is an unwholesome business practice and not in the best interest of the public nor the welfare of the animals or the residents of Ammon. 17.The City recognizes that not all dogs and cats retailed in pet stores or sold or offered for sale in public places are products of inhumane breeding conditions, but it is our belief that puppy and kitten mills and backyard breeding continue to exist in part because of the public demand and the sale of dogs and cats in pet stores and public places. 18.The Humane Society of the United States recommends to avoid supporting an inhumane breeder, buyers should never purchase a puppy from a pet store, over the internet or at a third-party location such as a parking lot. Buyers should make sure to visit the breeder in person and see for themselves the condition in which the puppy and its parents are living. 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|3 Ammon City Council 12.15.2022Page 36 of 48 19.We would like to adopt reasonable regulations to protect members of the community, prevent inhumane conditions or treatment of animals, and to foster a more healthy and humane environment in the City. 20.Restricting the retail sale of dog and cats to only those sourced from animal welfare or rescue organizations is likely to increase demand for animals from welfare organizations and thereby reduce the number of homeless animals and animal control costs. àß­Mmn z„dnxYxbf Žnvv xz‡ Ykkfb‡ Y bzx ˆwf„¯ Yanvn‡ ‡z za‡Ynx Y dzl z„ bY‡ zk ‡mfn„ bmznbf dn„fb‡v from a breeder, a breed-specific rescue, animal shelter, or animal rescue organization where the consumer can see the conditions in which the animals are bred and reared and can confer directly with the breeder concerning those conditions. Financial Impact -The city will not incur any additional cost if this ordinance is approved. The long term financial impact will likely reduce costs to the public and/or City for sheltering animals and will find more homes for pets already in our shelters. Motion See script from City Clerk. Attachments: 1.Scientific Studies of Puppy Mill Dogs and Puppies 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|4 Ammon City Council 12.15.2022Page 37 of 48 Ammon City Council 12.15.2022Page 38 of 48 Ammon City Council 12.15.2022Page 39 of 48 Ammon City Council 12.15.2022Page 40 of 48 Ammon City Council 12.15.2022Page 41 of 48 Ammon City Council 12.15.2022Page 42 of 48 ORDINANCE NO. 696 CITY OF AMMON ANORDINANCEOFTHECITYOFAMMON,IDAHO, PROHIBITINGTHESALEOFDOGSANDCATSINRETAIL STORES;PROHIBITINGTHESALEOFANIMALSINPUBLIC PLACES;AMENDINGEXISTINGANIMALREGULATIONS; PROVIDINGFORSEVERABILITYCLAUSE;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,IdahoCode50-302authorizestheCityCounciltoadoptordinancestomaintainthe peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS,IdahoCode50-319authorizestheCityCounciltoregulatetherunningatlargeof domesticatedanimalsandappropriatelyestablishpenaltiesforallowingdomesticatedanimalstorunat large; and WHEREAS,IdahoCodeTitle25establishesregulationsrelatedtothekeepingofanimals, including dogs and other domestic animals; and WHEREAS,theCityofAmmonissubjecttothelawsandconstitutionoftheStateofIdahoand hasdulyadoptedregulationstosupplementthoselawsforthesafety,health,andwelfareoftheresidents of the City of Ammon ; and WHEREAS,theCityCouncilintendstoprohibitthecommercialsaleofdogsandcatstoprevent to promulgation of animals that are bred in facilities that are injurious to the health of the animal; and WHEREAS,existingreputabledogandcatbreedersareknowntoadequatelysupplythecurrent demand for these domestic animals; and WHEREAS, a public hearing before the Ammon City Councilwas held on October 6, 2022; and WHEREAS,theAmmonCityCouncilfindsthatthesaleofdogsorcatsinpetstoresorsoldor offeredforsaleinpublicplacesintheCityofAmmonisinconsistentwiththeCity’sgoaltobea community that promotes animal welfare; and WHEREAS,theCityCouncildesirestoadoptreasonableregulationstoprotectmembersofthe community,preventinhumaneconditionsortreatmentofanimals,andtofosteramorehealthyand humane environment in the City of Ammon. NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCOUNCILOFTHECITYOF AMMON: Ammon City Council 12.15.2022Page 43 of 48 Section1.Section5-3-18oftheCodifiedOrdinancesoftheCityofAmmonisrepealedinits entirety and replaced with the following language: 5-3-18 SALE OF DOGS AND CATS IN RETAIL STORES, PROHIBITED: (A)Itshallbeunlawfulforanypersontodisplay,offerforsale,deliver,barter,auction,give away,transfer,orsellanylivedogorcatofanyageinaretailbusinessorothercommercial establishmentlocatedintheCityofAmmon,exceptfordogsandcatsobtainedfromananimal shelter,humanesociety,ornon-profitanimalrescueorganizationthatdoesnotbreeddogsorcats, orobtaindogsorcatsfromapersonwhobreedsorresellssuchanimalsforpaymentor compensations. (B)Allestablishmentslawfullyselling,orboardingforthepurposeofeventualsale,dogsor catsshallmaintainacertificateofsourceforeachoftheanimalsandmakeitavailableupon requesttoenforcementofficers,lawenforcement,oranyotherCityemployeechargedwith enforcing the provisions of this section. (C)ThisSectionshallnotapplytothesaleofdogsorcatsfromthepremisesonwhichthey were bred and reared. Any violation of this section shall be deemed a misdemeanor. Section2.Section5-3-19oftheCodifiedOrdinancesoftheCityofAmmonisadoptedwiththe following language: 5-3-19 SALE OF ANIMALS IN PUBLIC PLACES, PROHIBITED: (A)Itshallbeunlawfulforanypersontodisplay,offerforsale,deliver,barter,auction,give away,transfer,sellorotherwisetransferownershipofanyanimaltoanotheruponastreet, sidewalk,publicpark,publicright-of-way,orotherpublicplace.Thetermpublicplaceshall include,butisnotlimitedto,parks,streets,alleys,highways,sidewalks,parkinglots,areas exterior to shops or businesses, carnivals, or other public rights-of-way within the City. (B)Theprohibitionsofthissectionshallnotapplywhenthetransferofownershipis conductedbyanenforcementofficer,lawenforcement,oranyotherCityemployeechargedwith enforcing the provisions of this section, animal shelter or a non-profit animal rescue organization. (C)ThisSectionshallnotapplytothesaleofdogsorcatsfromthepremisesonwhichthey were bred and reared. Any violation of this section shall be deemed a misdemeanor. Definitions.Forthepurposesofthissection,thefollowingwordsshallhavethefollowing meanings: AnimalRescueOrganization-Anon-profitcorporationthatisexemptfromtaxationunder Section501(c)(3)oftheInternalRevenueCodeandwhichparticipatesinearlyagespay/neuterof animals;complieswithStateandlocallawsregardingthehumanetreatmentofanimals;and 2 Ammon City Council 12.15.2022Page 44 of 48 whosemissionandpracticeis,inwholeorinsignificantpart,therescueandplacementof animalsinpermanenthomes;oranynon-profitorganizationthatisnotexemptfromtaxation underInternalRevenueCodesection501(c)(3)butiscurrentlyanactiverescuepartnerwitha CityorCountyanimalshelterorhumanesociety,whosemissionis,inwholeorinsignificant part,therescueandplacementofdogsandcats.“AnimalRescueOrganization''shallnotinclude anyentitythatbreedsanimalsorthatislocatedonthesamepremisesas;hasanypersonnelin commonwith;obtains,inexchangeforpaymentsoranyotherformofcompensation,dogsorcats from; or facilitates the sale of dogs or cats obtained from —a person that breeds animals. AnimalShelter-Anyfacilityownedoroperatedbyagovernmentalentityoranyanimalwelfare organizationwhichisincorporatedwithinthestateofIdahoforthepurposeofpreventingcruelty toanimalsandusedforthecareandcustodyofseized,stray,homeless,quarantined,or abandoned dogs, cats or other small domestic animals. PetStore-Aretailstorewhereanimalsarekept,sold,orofferedforsaleonthepremises.This termshallincludeanyowneroroperatorofthebusiness.Ananimalrescueorganizationoranimal shelter, as defined in this section, shall not be considered a pet store. CertificateofSource-Anydocumentfromthesourcecityorcountyanimalshelter,humane society,ornon-profitanimalrescueorganizationdeclaringthesourceofthedogorcatonthe premises of the pet store, retail business, or other commercial establishment. Section3.Section5-3-20oftheCodifiedOrdinancesoftheCityofAmmonisadoptedwiththe following language: 5-3-20: PENALTY: (A)INFRACTION:Anyviolationoftheprovisionsofthischapterdeemedtobeaninfraction shallbesubjecttopenaltiesprescribedforsuchviolationsundersection1-4-2ofthiscode, subjecttotheprovisionsofIdahoCode18-111.Eachdayoftheviolationshallbeconsidereda separateoffenseandshallbepunishablebyseparatefinesandimprisonmentasprovidedfor herein. (B)MISDEMEANOR:Anyviolationoftheprovisionsofthischapterdeemedtobea misdemeanorshallbesubjecttopenaltiesprescribedforsuchviolationsundersection1-4-1of thiscode,subjecttotheprovisionsofIdahoCode18-111andshall,uponconviction,bepunished in accordance with section 25-3520A, Idaho Code. Section4:REPEALERCLAUSE.AllCityofAmmonOrdinancesorpartsthereofwhichareinconflict herewith are hereby repealed. Section5:SEVERABILITYCLAUSE.Itisherebydeclaredtobethelegislativeintentthattheprovisions andpartsofthisOrdinanceshallbeseverable.Ifanyparagraph,part,section,subsection,sentence,clause orphraseofthisOrdinanceisforanyreasonheldtobeinvalidforanyreasonbyaCourtofcompetent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section6:PUBLICATION.ThisOrdinance,orasummarythereofincompliancewithSection50-901A, IdahoCode,shallbepublishedonceintheofficialnewspaperoftheCity,andshalltakeeffect immediately upon its passage, approval, and publication. 3 Ammon City Council 12.15.2022Page 45 of 48 Section7:EFFECTIVEDATE.ThisOrdinanceshallbeinfullforceandeffectafteritspassage,approval and publication according to law. PASSEDbytheCITYCOUNCILandAPPROVEDbytheMAYORofAmmon,Idahoonthis15dayof December, 2022. ThisordinanceentitledOrdinanceNo.696shallbeeffectiveuponitspassageandpublicationasprovided by law. EnactedbytheCityCouncilasOrdinanceNo.696anordinanceoftheCityofAmmononthe15dayof December, 2022. CITY OF AMMON __________________________ Sean Coletti, Mayor ATTEST: ______________________ Kristina Buchan, City Clerk 4 Ammon City Council 12.15.2022Page 46 of 48 STATE OF IDAHO) ) ss. County of Bonneville) I,KRISTINABUCHAN,CITYCLERKOFTHECITYOFAMMON,IDAHODOHEREBYCERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, ORDINANCE NO. 696 CITY OF AMMON ANORDINANCEOFTHECITYOFAMMON,IDAHO, PROHIBITINGTHESALEOFDOGSANDCATSINRETAIL STORES;PROHIBITINGTHESALEOFANIMALSINPUBLIC PLACES;AMENDINGEXISTINGANIMALREGULATIONS; PROVIDINGFORSEVERABILITYCLAUSE;AND PROVIDING AN EFFECTIVE DATE. DATED this 15 day of December, 2022 ________________________________ Kristina Buchan, City Clerk 5 Ammon City Council 12.15.2022Page 47 of 48 SUMMARY OF ORDINANCE NO. 696 CITY OF AMMON ANORDINANCEOFTHECITYOFAMMON,IDAHO, PROHIBITINGTHESALEOFDOGSANDCATSINRETAIL STORES;PROHIBITINGTHESALEOFANIMALSINPUBLIC PLACES;AMENDINGEXISTINGANIMALREGULATIONS; PROVIDINGFORSEVERABILITYCLAUSE;AND PROVIDING AN EFFECTIVE DATE. ThefulltextofthisSummarizedOrdinanceNo.696,isavailableattheCityClerk’sOffice, Ammon City Office, 2135 S Ammon Road, Ammon, Idaho. ATTEST:CITY OF AMMON _________________________________________________________________ Kristina Buchan, City ClerkSean Coletti, Mayor Ihavereviewedtheforegoingsummaryandbelievethatitprovidesatrueandcompletesummary ofCorrectedOrdinance#696andthatthesummaryprovidesadequatenoticetothepublicofthecontents of this ordinance. DATED this 15 Day of December, 2022 ________________________________ Scott Hall, City Attorney 6 Ammon City Council 12.15.2022Page 48 of 48