06.12.2025 City Council Packet
AMMON CITY COUNCIL MEETING
June 12, 2025 - 4:30 pm
Ammon City Hall
2135 S Ammon Road, Ammon, ID 83406
PUBLIC COMMENT AGENDA
CALL TO ORDER:
- Council President Russell Slack at 4:30 p.m.
- Pledge of Allegiance – Council Member Wessel
- Prayer – Council Member Slack
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: June 5, 2025 – Regular Meeting - Page 2
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
PUBLIC HEARINGS:
ACTION ITEMS:
1. Consideration of Resolution 2025-007 Surplus of Assets Owned by the City of
Ammon (Micah Austin, City Administrator) - Page 15
2. Consideration of Commercial Standard Development Agreement for Granite
Creek Subdivision (Cindy Donovan, City Planner) - Page 18
DISCUSSION ITEMS:
1. Unified Vision Team Building Activity
2. Fiscal Year 2026 Preliminary Budget Review and Discussion
3. Miscellaneous
EXECUTIVE SESSION:
1. Pursuant to Idaho Code 74-206(c): To acquire an interest in real property not
owned by a public agency
2. Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the
public agency to discuss the legal ramifications of and legal options for pending
litigation
ADJOURN
The following guidelines for public
comment have been adopted:
1. Before an individual may be
heard, the Mayor, Council
President, or Commission Chair
must recognize them.
2. Individuals recognized for
comment shall provide their name
and address for the record.
Individuals must utilize the podium
at the front of the room and not
speak from their seat.
3. Individuals must direct comments
to the Commission or Council, not
other individuals within the room.
Individuals must limit comments to
three (3) minutes or less.
4. Individuals must avoid repetitious
comments or ideas that have
already been presented.
5. All comments shall be made
courteously, respectfully, and civilly.
Inflammatory, disrespectful,
degrading statements, heckling,
applause, or obscene or indecent
language will not be tolerated.
Individuals that violate these
guidelines may be asked to leave
the meeting.
UPCOMING
- July 3, 2025 City Council Meeting
- July 10, 2025 Work Session
- July 17, 2025 City Council Meeting
ACCESS TO MEETINGS
MEETINGS WILL BE AVAILABLE VIA
ZOOM:
- http://zoom.cityofammon.us/
- Meeting ID: 208 612 4000
- Passcode: 26666
INDIVIDUALS NEEDING ACCOMMODATION DUE TO DISABILITY MUST CONTACT CITY HALL
NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE
Next Resolution Number: 2025-008; Next Ordinance Number: 736
Ammon City Council Regular Meeting 06.05.2025 Page 1 of 13
AMMON CITY COUNCIL MINUTES
THURSDAY, JUNE 5, 2025 – 6:00 P.M.
2135 SOUTH AMMON ROAD
AGENDA
CALL TO ORDER:
Mayor Sean Coletti at 6:00 p.m.
Pledge of Allegiance – Council Member Oswald
Prayer – Council Member Wessel
EXECUTIVE SESSION:
1.Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of… an
employee
2.Pursuant to Idaho Code 74-206(f): (f) To communicate with legal counsel for the public agency
to discuss the legal ramifications of and legal options for pending litigation, or controversies not
yet being litigated but imminently likely to be litigated.
CONSENT AGENDA:
1.Accounts Payable Report:
i.Exhibit A
2.Minutes:
i.May 15, 2025 – Regular Meeting
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
PUBLIC HEARINGS:
1.Public Hearing #2025-012 Amending Title 2 Chapter 1, Section 2 and 3 regarding the
organization of the Planning and Zoning Commission
ACTION ITEMS:
1.Appointment of Interim City Clerk (Micah Austin, City Administrator)
2.Approval of Bids for Fiber Optic Drilling Services According to Idaho Code 67-2803 and 67-
5711(c) (Bryan Bankhead, Network Administrator)
3.Consideration of Contract for Service with Ronald McDonald House (Micah Austin, City
Administrator)
4.Consideration of Resolution 2025-006, Adopting the City of Ammon Personnel Policy Manual
(April Forrest, HR Director)
5.Consideration of Ordinance 733 Amending Title 10, Chapters 5 and 37 (Cindy Donovan, City
Planner)
6.Ordinance 734 Amending Title 2 Chapter 1, Section 2 and 3 regarding the organization of the
Planning and Zoning Commission (Cindy Donovan, City Planner)
7.Consideration of Commercial Preliminary Plat for Granite Creek Subdivision (Cindy Donovan,
City Planner)
8.Consideration of Commercial Standard Development Agreement for Granite Creek Subdivision
(Cindy Donovan, City Planner)
DISCUSSION ITEMS:
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1. Update on 1st and 17th Street Construction Projects
2. Issuance of Reckless Driving citation for driving the wrong way on a one-way street
3. Miscellaneous
EXECUTIVE SESSION:
1. Pursuant to Idaho Code 74-206(a): To consider hiring a public officer
2. Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of… an
employee
ADJOURN
MINUTES
City Officials Present:
Mayor Sean Coletti
Councilmember Scott Wessel
Councilmember Kris Oswald
Councilmember Sid Hamberlin
Councilmember Heidi Boyle
Councilmember Jeff Fullmer
Council President Russell Slack
City Attorney Scott Hall
City Administrator Micah Austin
City Engineer Tracy Bono (via Zoom)
City Planner Cindy Donovan
Assistant Planner Heather McBride
Network Administrator Bryan Bankhead
HR Director April Forrest
CALL TO ORDER:
Mayor Sean Coletti called the meeting to order at 6:00 p.m. Council Member Oswald led the
pledge of allegiance and Council Member Wessel gave a prayer.
EXECUTIVE SESSION:
1. Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining
of… an employee
2. Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the public
agency to discuss the legal ramifications of and legal options for pending litigation, or
controversies not yet being litigated but imminently likely to be litigated.
It was moved by Council Member Slack and seconded by Council Member Wessel to enter into
Executive Session pursuant to Idaho Code 74-206 (b) & (f).
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call
Council entered into Executive Session at 6:03 pm and exited 6:18 pm.
It was moved by Council Member Slack and seconded by Council Member Oswald to enter into
the regular meeting.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call
CONSENT AGENDA:
1. Accounts Payable Report:
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i.Exhibit A
2.Minutes:
i.May 15, 2025 – Regular Meeting
It was moved by Council Member Slack and seconded by Council Member Fullmer to approve
the Consent Agenda.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
Lavona Borg, 1855 Falcon Drive, sent City Council Members an email regarding the Eagle Drive
bridge. Shared information regarding length of detours if the Eagle Drive bridge were to be
closed.
Daniel Eaton, 1710 Avocet Drive, disagrees with closing Falcon Drive and Curlew Drive.
Steven Barson, 2705 Sawtooth Street, asked that due process is followed in regard to traffic
decisions.
PUBLIC HEARINGS:
1.Public Hearing #2025-012 Amending Title 2 Chapter 1, Section 2 and 3 regarding the
organization of the Planning and Zoning Commission
Before opening the hearing, Mayor Colletti explained the manner in which the hearing
would take place. Mayor Colletti opened the public hearing.
City Planner Cindy Donovan reviewed the proposed changes with the Council.
Recommendation
-Staff recommends approval of the amendments to Title 2 Chapter 1
Compliance
-This request is in compliance with City Ordinance and Idaho Code.
Criteria for Decision
-Chapter 1 Official City Code, Section 3 Amendments
•1-1-3 AMENDMENTS: Any ordinance amending this Code shall set forth the
Chapter, Title, and Section number of the section or sections to be amended. All
such ordinances shall comply with the provisions of this Code and Chapter 9,
Title 50 Idaho Code, regarding passage, execution, and publication of
ordinances. All such amendments of ordinances shall be published as required
and appropriate copies prepared for insertion in this Code.
-Idaho Code Title 50 Municipal Corporations Chapter 9 Ordinances, City Code, Records
-Idaho Code 67-6504. Planning and Zoning Commission – Creation – Membership –
Organization – Rules – Records – Expenditures - Staff
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Summary of Analysis
1.Chapter 2 – Planning and Zoning Commission
a.2-1-2: QUALIFICATIONS: amend to include the requirement that a
Commissioner must live in the City Area of Impact
b.2-1-3: TERM OF OFFICE: amend to delete the phrase “and shall serve without
compensation.”
c.The balance of Chapter 2 will remain unchanged.
Notice of Hearing
-Notice was published in the Post Register on Friday, May 16, 2025
-Notice was mailed to 20 public entities on Friday, May 16, 2025
-Property posting was not required
-Public Comment: No written comment was received.
No public testimony was given.
With no other questions, Mayor Colletti closed the public hearing.
ACTION ITEMS:
1.Appointment of Interim City Clerk (Micah Austin, City Administrator)
City Administrator Micah Austin explained that the City Clerk position is currently vacant
and an interim clerk is needed until a new City Clerk is appointed.
Recommendation
-Appoint Micah Austin as Interim City Clerk.
Summary of Analysis
1.Kristina Buchan, former Ammon City Clerk, has taken a position in Caldwell, Idaho as
their Deputy City Clerk. The position of Ammon City Clerk is now vacant.
2.Idaho Code requires that a city must have a City Clerk and outlines the specific duties of
that position. According to Idaho code 50-204, "The mayor, except as otherwise
provided...with the consent of the council shall appoint a city clerk, a city treasurer, a
city attorney and such other officers as may be deemed necessary for the efficient
operation of the city."
3.While the statute does not discuss an "interim" appointment, it is a common and
necessary practice to appoint an interim officer to ensure the continuity of essential city
services and statutory obligations during a vacancy until a permanent appointment is
made.
4.According to Idaho Code § 50-207, the duties of the City Clerk are as follows, “"The city
clerk shall keep a correct journal of the proceedings of the council and shall have the
custody of all laws and ordinances of the city. He may administer oaths to any person
concerning any matter submitted to him or the city council."
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5. Staff recommends appointing Micah Austin, City Administrator, as the Interim City Clerk
with an effective date of June 5, 2025. Mr. Austin has taken on many of the
responsibilities of the City Clerk and is in the best position to ensure the duties of the
clerk are completed.
6. Several other employees of the City of Ammon have also taken on duties of the City
Clerk while the position is vacant. Some of these employees include Cindy Donovan,
Heather McBride, Crystal Mullins, Jennifer Belfield, and others.
Financial Impact
- While the position of City Clerk is vacant, the City of Ammon will save on the personnel
costs for
that position.
It was moved by Council Member Slack and seconded by Council Member Hamberlin to
appoint Micah Austin as the Interim City Clerk with the effective date of June 5, 2025
according to Idaho Code 50-204.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
with vote by roll call
2. Approval of Bids for Fiber Optic Drilling Services According to Idaho Code 67-2803 and
67-5711(c) (Bryan Bankhead, Network Administrator)
Network Administrator Bryan Bankhead explained the bid process and reviewed the
received bids.
Recommendation
- Approval of low bid for fiber optic drilling services for LID 6.
Summary of Analysis
1. Idaho Code 67-2803 and 67-5711(c) dictates bid laws for public infrastructure and
public
services.
2. On May 16, 2025, the RFP was advertised. On May 30, 2025, the bidding window
closed.
3. We received the following bids:
a. KM - Ammon Townsite
b. Snake River Drilling - Ammon Townsite
c. Snake River Drilling – Trailwood
d. Utah - Ammon Townsite
e. Utah - Trailwood Village
4. Based on the bids submitted, SRD is the low bid. Staff recommends approval of SRD
for the
project
Financial Impact
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- Cost of bids
KM w/ Restoration
- Ammon Townsite No Bid
- Trailwood Village No Bid
w/out Restoration
- Ammon Townsite
$262,016
- Trailwood Village No Bid
Snake River Drilling w/ Restoration
- Ammon Townsite $236,112
- Trailwood Village $153,325
w/out Restoration
- Ammon Townsite
$213,112
- Trailwood Village
$136,325
Niels Fugal Sons Co w/ Restoration
- Ammon Townsite $582,036
- Trailwood Village $664,456
w/out Restoration
- Ammon Townsite
$564,575
- Trailwood Village
$664,522
It was moved by Council Member Slack and seconded by Council Member Wessel to approve
the low bid from Snake River Drilling LLC for fiber optic drilling services and authorize the
mayor to sign a contract for services in the amount of $213,112 for Ammon Townsite and
$136,325 for Trailwood Village.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
with vote by roll call
3. Consideration of Contract for Service with Ronald McDonald House (Micah Austin, City
Administrator)
City Administrator Micah Austin reviewed the contract for services with the Ronald
McDonald House organization and introduced Deborah Chessey with the Ronald McDonald
House.
Deborah Chessey, 2899 Chaparral Drive, Idaho Falls, explained that the City of Ammon has
supported the organization since it started in 2019 and shared numbers regarding Ammon
residents that use their services. The annual fundraising event is switching from movie
nights to a run and carnival event.
Recommendation
- Approval of the request.
Summary of Analysis
1. Ronald McDonald House Charities is requesting a contract for service for $4500 with the
City of Ammon. This contract would provide for a movie venue. The venue anticipated
would be Melaleuca Field.
2. According to the $4500 contract submitted, the Ronald McDonald House will provide the
following:
a. Scope of Services. RMHC of Idaho shall provide the following services:
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i. Provide the residents of Ammon with some family fun at the Waterfront on
Snake River Landing during the "Family Fun Run and Carnival".
ii. Ammon residents will be able to enjoy a 5K, kids Fun Run and Carnival
activities June 21, 2025.
iii. Ammon residents will be able to enjoy the race for free, then buy low-cost
tickets to the Carnival, which will include class carnival games like "ring the
bottle" and balloon
iv. Ammon residents can enjoy the event from 10:00am to 3:00pm on June 21,
2025
v. $4,500 - Venue Sponsor recognition includes
1. Logo on event map
2. Logo included on all volunteer lanyards
3. Opportunity for giveaway items included in gift bags
4. Sponsor banner and opportunity for on-site presence at each movie
5. 200 comped tickets for the carnival
Financial Impact
- Contracts for Service are paid from GL#10-408-600. This line item has adequate funding.
It was moved by Council Member Slack and seconded by Council Member Fullmer to approve
the contract for service with Ronald McDonald House Charities of Idaho, in the amount of
$4,500.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
with vote by roll call
4. Consideration of Resolution 2025-006, Adopting the City of Ammon Personnel Policy
Manual (April Forrest, HR Director)
City Administrator Micah Austin explained that significant amendments are recommended
to the Employee Personal Manual. Austin highlighted the recommended policies for conflict
of interest and romantic relationships in the workplace. Human Resources Director April
Forrest explained the recommendation for policies regarding AI, telecommuting, and
minimal miscellaneous changes.
Recommendation
- Approve the proposed changes to the Personnel Policy Manual by adopting Resolution
2025-006R
Summary of Analysis
1. The current Personnel Policy Manual was adopted on April 18, 2024 by Resolution 2024-
011R.
2. The proposed updates to the Personnel Policy Manual will be presented at the June 5,
2025 meeting by the Human Resources Director and City Administrator.
3. Highlighted Updates from the proposed Personnel Policy Manual:
a. Addition of a Conflicts of Interest Policy
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b.Addition of a Romantic Relationships in the Workplace Policy
c.Addition of an Artificial Intelligence (AI) Employee Use Policy
d.Addition of a Telecommuting Policy
e.Miscellaneous smaller corrections/additions as it has been over a year since the
manual has been updated.
It was moved by Council Member Slack and seconded by Council Member Wessel to approve
Resolution 2025-006R adopting the changes to the City of Ammon Personnel Policy Manual.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
with vote by roll call
5.Consideration of Ordinance 733 Amending Title 10, Chapters 5 and 37 (Cindy Donovan,
City Planner)
City Planner Cindy Donovan reviewed the Title 10 amendments that were previously
presented to the Council on May 15, 2025.
Recommendation
-Staff recommends approval of the amendments to Title 10 Chapters 5 and 37
Compliance
-This request is in compliance with the Comprehensive Plan and City Ordinance.
Criteria for Decision
-10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the
map, may be amended, supplemented, changed or modified from time to time,
consistent with Idaho Code Title 67, Chapter 65.
Summary of Analysis
2.City Council approved the amendments to Chapters 5 and 37 on May 15, 2025.
3.Chapter 5 - Supplementary Regulations to Zones
a.10-5-23 (O) Lighting of Parking Areas – added reference to 10-5-28 Outdoor and
Exterior Lighting
b.10-5-24 (B) Right of Way Park Strip – added text regarding plantings in this area
4.Chapter 37 – District Use Matrix
a.10-37-2 (A) Dimensional Standards by Zone – amended minimum lot area in the
following zones:
i.RP – from 12,000 to 15,000 square feet
ii.RP-A – from 10,000 to 13,000 square feet
iii.R-1 – from 5,000 to 8,000 with a minimum lot width of 75 feet
iv.R1-A – from 5,000 to 6,000 per unit with a minimum lot width of 52 feet
per unit
b.10-37-2 (A) Dimensional Standards by Zone – removed conditions of P6 and P7
based on amendments to State Statute which will take effect on July 1, 2025.
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c. 10-37-2 (B) Side Setback Minimum – deleted text regarding no side yard
requirement for accessory buildings located more than twelve (12) feet behind
the main building.
d. 10-37-2 (C) Right of Way Park Strip – added text regarding plantings in this area
Planning and Zoning Commission
- Public Hearing #2025-011 was held before the Commission on May 7, 2025
- Testimony: 1 person testified in favor of the amendments
- Commission recommended approval unanimously with the exception of amendments to
the R-1 zone lot size and width
- Reasoned Statement:
• Exception of the changes to the R-1 zone in Title 10 Chapter 37
• The chart lists the minimum and developers can build larger
• Not adopting the proposed changes to R-1 allows more options and variety in R-1
zoning
• Existing neighborhoods like Olsen Park, Hillview Village, and Hillsdale, zoned R-1,
would not meet the proposed changes to the R-1 zone
• Density is not impacted by changing minimum lot size and lot width
It was moved by Council Member Slack and seconded by Council Member Oswald to dispense
with the rule requiring three readings and that the three readings be waived.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call
It was moved by Council Member Slack and seconded by Council Member Boyle to adopt
Ordinance 733 and summary on its third and final reading.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call
6. Ordinance 734 Amending Title 2 Chapter 1, Section 2 and 3 regarding the organization
of the Planning and Zoning Commission (Cindy Donovan, City Planner)
Mayor Colletti explained that Ordinance 734 that relates to Public Hearing #2025-012.
It was moved by Council Member Fullmer and seconded by Council Member Oswald to
dispense with the rule requiring three readings and that the three readings be waived.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call
It was moved by Council Member Fullmer and seconded by Council Member Oswald to adopt
Ordinance 734 and summary on its third and final reading.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call
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7. Consideration of Commercial Preliminary Plat for Granite Creek Subdivision (Cindy
Donovan, City Planner)
City Planner Cindy Donovan located the property and explained the request by applicant.
Recommendation
− Staff recommends approval based on the following staff report
Compliance
- This application is in compliance with Title 10 Chapter 21 HC-1 Highway Commercial
Zone, Title 10 Chapter 29 Section 8 Preliminary Plat Requirements, Title 10 Chapter 37
Chapter 1 (A) Permitted Uses by Zone, and the Comprehensive Plan
Criteria for Decision
− 10-21-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The HC-1 Highway
Commercial Zone has been established as a district in which the primary use of the land
is for retail stores and service establishments to serve the traveling public. This zone is
usually located at specific locations along arterial roadways throughout the City, and is
characterized by buildings set back from the right-of-way line and having a wide variety
of architectural forms and shapes.
− The objectives in establishing this zone are:
A. To encourage the development and continued use of the land within the zone for
business purposes.
B. To promote safety on the roadways.
C. To maintain maximum use of high right-of-way for travel purposes.
D. To prohibit uses which tend to prevent the continued use and development of the
land within the zone for its primary purpose.
− 10-29-8 Preliminary Plat Requirements
− 10-37-1 (A) Permitted Uses by Zone – matrix shows allowed uses within the HC-1 zone
Summary of Analysis
1. City Council approved the Granite Creek Commercial Master Plan on May 15, 2025
2. Division 1 will have one lot containing two buildings with three units each
3. Property will be served by Ammon Water and Eastern Idaho Sewer District (EIRSD)
4. Property will be accessed via Thousand Springs Drive
5. No direct access to 25th East or 49th South will be permitted
6. Developer will be required to construct Thousand Springs Drive to the full street width,
providing curb, gutter, and sidewalk
7. A Standard Development Agreement will be required for this development.
Parcel Characteristics
- General Location: north of 65th South, east of 25th East, south of 49th South, west of
Thousand Springs Road, west side of Granite Creek subdivision
- Acres: 1.08 acres
- Zoning: HC-1
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-Average Lot Size: 1 acre
-Lots: 1
Planning and Zoning Commission
−Commission reviewed the Preliminary Plat on May 7, 2025
−Commission recommends approval of the Preliminary Plat unanimously
Applicant’s Request
-Approval of Granite Creek Commercial Preliminary Plat
-Presented by Jeff Freiberg, Freiberg Engineering
Financial Impacts
-Development will contribute to improvements along 49th South
-Development will pay law enforcement contributions based on use of the property in
accordance with the current fee resolution.
-No park contributions will be required as this is commercial property
Nate Motseller, 1043 Dry Creek Road, representative of the developer. Responded to questions
regarding the build out of Thousand Springs Drive.
It was moved by Council Member Slack and seconded by Council Member Fullmer to approve
the Granite Creek Commercial Division 1 Preliminary Plat.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call
8.Consideration of Commercial Standard Development Agreement for Granite Creek
Subdivision (Cindy Donovan, City Planner)
City Planner Cindy Donovan explained the draft Standard Development Agreement and
special conditions that are included within the agreement. Donovan asked for direction
from the Council in regard to contribution to water system improvements and timeframe for
East 49th South improvements.
Summary of Analysis
1.Division 1 will have one lot containing two buildings with three units each
2.Property will be served by Ammon Water and Eastern Idaho Sewer District (EIRSD)
3.A Standard Development Agreement will be required for this development
4.Property will be accessed via Thousand Springs Drive
5.No direct access to 25th East or 49th South will be permitted
6.Developer will be required to construct Thousand Springs Drive to the full street width,
providing curb, gutter, and sidewalk
Development Contributions
-Water Rights – Development will use pressurized irrigation or pay fee in lieu
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-Road Construction – Improvements to East 49th South frontage and improvements to
South 25th East and South 25th East/East 49th South intersection as required by the City
of Idaho Falls
-Parks – Commercial Development, no contribution required
-Law Enforcement – required in 6.34 of the Standard Development Agreement based on
the current fee resolution. This calculation is based on the square footage and use of the
property.
Development Agreement
-SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per lot/unit for
the incurred costs of the well, storage tank, and property.
-SC-2: Developer shall enter into an agreement with the City of Idaho Falls regarding
improvements to South 25th East, the intersection of South 25th East and East 49th
South. This may include but not be limited to the construction of the road on the
furthest south side of the property zoned commercial to South 25th East. The signed
agreement with Idaho Falls shall be provided to the City of Ammon prior to first building
permit.
-SC-3: Developer shall improve the East 49th South (Township Road) right of way
including: curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon up
to a maximum of sixty (60) feet, as stated in the annexation agreement that was
recorded on October 31, 2014. Need timeframe for improvements
-SC-4: Developer shall provide a cross-access easement connecting to the commercially
zoned property to the south.
-SC-5: Developer shall construct the west half of Thousand Springs Drive to the full width
including but not limited to curb, gutter, sidewalk, and asphalt to the standards of the
City of Ammon.
-SC-6: This commercial property shall have no direct access to South 25th East or East
49th South. Developer acknowledges that at some time in the future access may be
limited to right in/right out as determined by the City Engineer.
It was moved by Council Member Slack and seconded by Council Member Oswald to table the
Granite Creek Commercial Division 1 Development Agreement until the next meeting so staff
can add language regarding conditions for water improvement per unit and 49th
improvements.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call
DISCUSSION ITEMS:
1.Update on 1st and 17th Street Construction Projects
City Engineer Tracy Bono updated the Council on the status of the 17th bridge and 1st Street
bridge project. There will be a meeting on June 17 to determine environmental work for 1st
Street project approval.
2.Issuance of Reckless Driving citation for driving the wrong way on a one-way street
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Council discussed options to change City ordinance to increase the citation to reckless
driving for going the wrong way on a one-way street. Sergeant John Miller discussed traffic
citations in Ammon for going the wrong way on a one-way at the Eagle Drive bridge. He
stated this would typically be considered as failure to obey a traffic control device. Traffic
Commission will meet regarding the Eagle Drive bridge next week.
3.Miscellaneous
Mayor Colletti informed the Council about a meeting he had with the Pool Committee.
Council discussed options and timelines regarding a pool levy.
City Administrator Micah Austin reported that he has started to receive complaints regarding
fireworks. He asked if the City Council wanted to make any changes in regards to regulations
on fireworks. The Council directed staff to look into options for increased regulation.
Council Member Wessel discussed issues with overnight parking and off-leash animals at the
Sandcreek Park. Asked for signage and enforcement at the park.
EXECUTIVE SESSION:
1.Pursuant to Idaho Code 74-206(a): To consider hiring a public officer
2.Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining
of… an employee
It was moved by Council Member Fullmer and seconded by Council Member Wessel to enter
into Executive Session pursuant to Idaho Code 74-206 (a) & (b).
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call
Council entered into Executive Session at 7:56 pm and exited 7:56 pm.
It was moved by Council Member Fullmer and seconded by Council Member Wessel to enter
into Executive Session pursuant to Idaho Code 74-206 (a) & (b).
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call
Council entered into Executive Session at 7:57 pm and exited 8:30 pm.
ADJOURN at 8:30 pm.
______________________________
Sean Colletti, Mayor
______________________________
Micah Austin, Interim City Clerk
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 14 of 32
Ammon City Council Meeting
June 12, 2025
Mayor Coletti and City Councilmembers:
Resolution 2025-007 Designate City Property as Surplus
Staff Presenting:
-Micah Austin, City Administrator
Recommendation
-Staff recommends designating the equipment and city property items listed in Table 1 as surplus.
Summary of Analysis
1.The items listed in the table below no longer have significant value for the City of Ammon.
2.The department heads and City Administrator have reviewed these items and recommend surplusing
them to the public.
3.Section 1-13-13 of the Ammon Codified Ordinances allows the City Council to surplus property and
provides a public process for selling the property.
4.The website PublicSurplus.com will be used to surplus the items through a publicly accessible
auction. This website is open to the public, however only public entities can auction items on the
website.
TABLE 1: City Property/Assets for Surplus
City Property/Assets VIN Surplus Value
ForkLift H2X394T00438 $5,000
2000 Ford F450 1FDXF46F2YEC40418 $10,000
Chevy 2500 1GCHC24U86E227712 $2,500
Flatbed Trailer- License plate # A00567 Not on the trailer $15,000
2020 DitchWitch Vac Trailer mv800 DWPMV800HM0000796 $35,000
DitchWitch Drill Trailer w/ mixing system 16JF01628D1047131 $15,000
2013 DitchWitch JT922 – $70,000
2015 Vermeer 23x30 Drill 1VRN20072G1000387 $110,000
Total of Surplus Property $262,500.00
Financial Impact
-All revenues collected from the surplused property will stay within the appropriate fund that
purchased the asset.
Motion
“I move to approve Resolution 2025-007 and designate the property listed in Table 1 as surplus as
presented.”
Attachments:
1.Resolution 2024-019
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 15 of 32
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
RESOLUTION 2025-007
(Surplus Property)
A RESOLUTION RELATING TO SURPLUS PERSONAL PROPERTY;
DECLARING CERTAIN PERSONAL PROPERTY SURPLUS; AUTHORIZING
AND DIRECTING THE DISPOSAL OF SURPLUS PROPERTY; PROVIDING
FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Ordinances of the City of Ammon provides for declaration of surplus personal
property by resolution; and
WHEREAS, the City Council has determined that the surplus property listed in Section 4 is no
longer needed by the City; and
WHEREAS, the City Council has deemed it unnecessary to maintain ownership of said surplus
personal property; and
WHEREAS, Section 1-13-13 of the City Code provides for various methods of disposal or transfer
of surplus property; and
NOW THEREFORE, be it hereby resolved by the Mayor and City Council of the City of Ammon,
Bonneville County, Idaho as follows:
Section 1.That the City Council does hereby find that the surplus property listed in section 4 of this
resolution is no longer needed for the day to day operations of the City.
Section 2.That a copy of this Resolution shall be posted in the Clerk’s Office and subject to
examination by any interested party.
Section 3. Pursuant to the provisions of Section 1-13-13 of the Codified Ordinances of the City of
Ammon, State of Idaho, the surplus property listed in Section 4 of this resolution shall be disposed of or
transferred as provided for in section 1-13-13 of the Ammon City Code and the disposal or transfer is in
the public interest.
Section 4.The following items are hereby declared surplus property and shall be disposed of as
directed by Section 3 of this resolution:
Resolution 2025-007 Surplus Property Page 1 of 2
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 16 of 32
City Property/Assets VIN Surplus Value
ForkLift H2X394T00438 $5,000
2000 Ford F450 1FDXF46F2YEC40418 $10,000
Chevy 2500 1GCHC24U86E227712 $2,500
Flatbed Trailer- License plate # A00567 Not on the trailer $15,000
2020 DitchWitch Vac Trailer mv800 DWPMV800HM0000796 $35,000
DitchWitch Drill Trailer w/ mixing system 16JF01628D1047131 $15,000
2013 DitchWitch JT922 – $70,000
2015 Vermeer 23x30 Drill 1VRN20072G1000387 $110,000
Total of Surplus Property $262,500.00
____________________________________
Sean Coletti, Mayor
___________________________________
Micah Austin, Interim City Clerk
Resolution 2025-007 Surplus Property Page 2 of 2
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 17 of 32
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council Meeting
June 12, 2025
Mayor Coletti and City Council Members:
Granite Creek Commercial Division 1 Standard Development Agreement
Staff Presenting:
Cindy Donovan – Planning Director
Summary of Analysis:
1.Division 1 will have one lot containing two buildings with three units each
2.Property will be served by Ammon Water and Eastern Idaho Sewer District (EIRSD)
3.A Standard Development Agreement will be required for this development
4.Property will be accessed via Thousand Springs Drive
5.No direct access to 25th East or 49th South will be permitted
6.Developer will be required to construct Thousand Springs Drive to the full street width,
providing curb, gutter, and sidewalk
Parcel Characteristics:
-General Location: north of 65th South, east of 25th East, south of 49th South, west of Thousand
Springs Road, west side of Granite Creek subdivision
-Acres: 1.08 acres
-Zoning: HC-1
-Average Lot Size: 1 acre
-Lots: 1
Development Contributions:
-Water Rights – Development will use pressurized irrigation or pay fee in lieu
-Road Construction – Improvements to East 49th South frontage and improvements to South
25th East and South 25th East/East 49th South intersection as required by the City of Idaho Falls
-Parks – Commercial Development, no contribution required
-Law Enforcement – required in 6.34 of the Standard Development Agreement based on the
current fee resolution. This calculation is based on the square footage and use of the property.
Development Agreement:
-SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per unit for the incurred
costs of the well, storage tank, and property.
-SC-2: Developer shall enter into an agreement with the City of Idaho Falls regarding
improvements to South 25th East, the intersection of South 25th East and East 49th South. This
may include but not be limited to the construction of the road on the furthest south side of the
property zoned commercial to South 25th East. The signed agreement with Idaho Falls shall be
provided to the City of Ammon prior to first building permit.
-SC-3: Developer shall improve the East 49th South (Township Road) right of way including: curb,
gutter, sidewalk, and asphalt to the standards of the City of Ammon up to a maximum of sixty
(60) feet, as stated in the annexation agreement that was recorded on October 31, 2014 prior to
the first Certificate of Occupancy. Should this frontage be completed by the Granite Creek
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 18 of 32
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
Division 3 developer prior to the first Certificate of Occupancy of the Granite Creek Commercial
Division 1 a frontage fee shall be paid in lieu of construction.
- SC-4: Developer shall provide a cross-access easement connecting to the commercially zoned
property to the south.
- SC-5: Developer shall construct the west half of Thousand Springs Drive to the full width
including but not limited to curb, gutter, sidewalk, and asphalt to the standards of the City of
Ammon.
- SC-6: This commercial property shall have no direct access to South 25th East or East 49th
South. Developer acknowledges that at some time in the future access may be limited to right
in/right out as determined by the City Engineer.
Applicant’s Request:
- Approval of Granite Creek Commercial Preliminary Plat
- Presented by Jeff Freiberg, Freiberg Engineering
Motion:
Approve
I move to approve the Granite Creek Commercial Division 1 Standard Development Agreement.
Deny
I move to deny the Granite Creek Commercial Division 1 Standard Development Agreement
(state reasons for denial).
Continue
I move to continue the Granite Creek Commercial Division 1 Standard Development Agreement
until further information can be obtained. (state information required)
Attachments:
1. Granite Creek Commercial Division 1 Standard Development Agreement
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 19 of 32
GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 1 of 13
STANDARD DEVELOPMENT AGREEMENT
(CITY OF AMMON/GRANITE CREEK COMMERCIAL DIVISION 1)
THIS AGREEMENT, made and entered into this 12th day of June, 2025, by and between
the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho,
Party of the First Part, hereinafter called the “City,” and Blueskies and Tailwinds LLC, a Limited
Liability Corporation, Party of the Second Part, hereinafter called the “Developer.”
RECITALS:
WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land
in Bonneville County, Idaho, more particularly described on Exhibit “A” attached hereto and made
a part hereof; and
WHEREAS, the Developer, as sole owner of said land, has made request to the City of
Ammon to have the same accepted as a subdivision to said City and has submitted to the City a
plat thereof which has been approved by the Planning and Zoning Commission and the City
Engineer of the City, and
WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon;
and
WHEREAS, on May 7, 2025, the Granite Creek Commercial Master Plan was approved
by the Planning and Zoning Commission; and
WHEREAS, on May 7, 2025, the Granite Creek Commercial Division 1 Preliminary Plat
was approved by the Planning and Zoning Commission; and
WHEREAS, on May 15, 2025, the Granite Creek Commercial Master Plan was approved
by the City Council; and
WHEREAS, on June 5, 2025, the Granite Creek Commercial Division 1 Preliminary Plat
was approved by the City Council; and
WHEREAS, the City Engineer has recommended to the City Council of the City that such
subdivision be accepted subject to certain requirements and obligations on the part of the
Developer;
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 20 of 32
GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 2 of 13
WHEREAS, on June 12, 2025, the Mayor and City of Council of the City of Ammon,
Idaho, considered the Granite Creek Commercial Division 1 Standard Development Agreement
for approval; and;
WHEREAS, the City Council has agreed to accept platting of said lands subject to the
following terms and conditions:
NOW THEREFORE, in consideration of the above recitals and the mutual covenants and
agreements herein contained and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1. INCORPORATION OF RECITALS. The Recitals set forth above are hereby
incorporated into and made an integral part of this Agreement.
2. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of the
date approved by the City Council.
3. TERM OF AGREEMENT. All rights related to this agreement, including all
Developer’s rights herein, shall expire if no building permit has been issued within five (5)
years of the Effective Date.
4. DEVELOPER. The term “Developer” and the language of this agreement, whether it is
more than one developer, shall be construed as plural, and if there are any parties that are
feminine or are firms or corporations, the masculine shall include the feminine and the
neuter. All terms and conditions of this agreement shall run with the land.
5. INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS,
PERMITS AND OTHER DOCUMENTS.
5.1. The following agreements, approvals, plans, permits and other documents are
hereby incorporated into and made an integral part of this Agreement by reference
as if restated herein in full.
5.1.1. Annexation Agreement approved by the Ammon City Council on: October
30, 2014.
5.1.2. Master Plan approved by the Ammon City Council on May 15, 2025.
5.1.3. Preliminary Plat approved by the Ammon City Council on June 5, 2025.
5.1.4. Improvement Drawings approved by the City Engineer on
_____________2025.
5.2. Any material failure to comply with the terms and conditions of any of the above-
referenced agreements, approvals, plans, permits and other documents shall
constitute a breach of this Agreement.
5.3. In the event of any inconsistency between the terms and conditions of this
Agreement and the agreements, approvals, plans, permits and other documents
listed above, the terms and conditions of this Agreement shall govern.
5.4. Except as provided otherwise in this Agreement, development of the Project shall
be vested and governed by policies, procedures, guidelines, ordinances, codes and
regulations of the City governing land use in effect as of the Effective Date of this
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 21 of 32
GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 3 of 13
Agreement. Any amendments or additions made during the term of this Agreement
to City policies, procedures, guidelines, ordinances, codes or regulations shall not
apply to or affect the conditions of development of the Project; provided, however,
the following are exempt from vesting under this Agreement:
5.4.1. Plan review fees and inspection fees;
5.4.2. Amendments to building, plumbing, fire and other construction codes;
5.4.3. City enactments that are adopted pursuant to State or federal mandates that
preempt the City’s authority to vest regulations.
6. GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and
severally, for himself, his heirs, representatives, itself, their successors and assigns, does
hereby covenant, agree, and represent as follows:
6.1. That Developer will, before any construction is commenced, file or cause to be filed
with the City Engineer a complete set of street, sewer, water, and drainage
improvement plans for each proposed plat. Said improvement plans shall also show
the proposed location of other utilities, i.e., telephone, gas, electricity, and irrigation
facilities, and such others as may affect or be affected by the subdivision
development on such property. Such plans and utility improvements shown thereon
shall meet the approval of the City Engineer and shall be incorporated herein and
made a part hereof by reference. The Developer shall construct and install all such
improvements in accordance with the current Edition of the Idaho Standards for
Public Works Construction adopted by the City of Ammon including compliance
with all other City codes and ordinances including the City of Ammon standards as
adopted. Acceptance of improvements to be determined by the City of Ammon only
after completed inspections and certification provided by Developer from a
licensed, professional engineer certifying that said subdivision construction has
been completed in compliance with the published standards. The Developer shall
make a formal request in writing to the City of Ammon City Engineer for final
acceptance of all said improvements.
6.2. That Developer, shall, at their own expense, construct and install all sanitary
sewers, storm drains, pumping stations, water lines and appurtenances, fire
hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains,
streets, street surfacing, street and regulatory signs, parks, recreation amenities,
open spaces, and/or other needed street or utility improvements as shown on the
improvement plans. The Developer shall have the option to create a “dark sky”
community, conforming with the International Dark Sky Guidelines. If, the
Developer chooses to create a “dark sky” community this must be disclosed
throughout the design and development process. The Developer will phase the
construction of roads and utilities as shown on the development drawings.
Acceptance by the City, will be given for each improvement, upon the City
Engineer finding the improvement meet standards, can be maintained by the City
of Ammon, and will provide public benefits to the Ammon community.
6.3. That Developer, its successors or assigns will, at their own expense, construct and
install all storm drainage systems and storm drain retention pond(s) as shown on
the improvement plans. Retention ponds shall be sprinkled and landscaped
following the standards for sprinklers and landscaping of retention ponds in the
City of Ammon. Acceptance and conveyance of any parcel in which a retention
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 22 of 32
GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 4 of 13
area is located will occur only after completion and acceptance of drainage
infrastructure, landscaping, sprinkling, and any public amenities necessary for the
retention pond to be of benefit to the City of Ammon. Additional improvements
shall be required by the City on a case-by-case basis to ensure that the retention
areas are a public benefit to the Ammon community. Additional improvements
may include playground equipment, park amenities, walking paths, park structures,
recreation amenities, or other improvements that enhance the public open space and
provide benefit to the Ammon community. Satisfactory acceptance by the City of
any above-grade improvements to retention areas shall be determined by the City
Administrator.
6.4. That Developer shall require all contractors involved in constructing the
subdivision improvements to furnish a minimum two (2) year warranty on all
materials and workmanship involved. Additional warranty periods may be required
in writing by the City on certain materials and products. Said period of warranty
shall run from written acceptance given by City
6.5. That Developer shall comply with all City requirements in effect at the time
construction is commenced on each said lot. That the Developer shall sell no lots
at less than the size required in the zoning for such property. Lot lines may be
changed by owners, but no additional building sites may be created without first
amending the plat of record. All building and zoning codes must be complied with
in the event of any change.
6.6. That Developer will obtain easements, design and construct the sanitary sewer lines
as shown in the improvement drawings within the development. An 8” diameter
sewer line is the general city standard. However, size of sewer line for the subject
property will have to be individually established based upon the topography of the
development and engineering standards, as approved by the City Engineer. Should
City elect to have installed sewer line in excess of the size needed for this subject
development, to accommodate development beyond the subject development, the
City may agree to reimburse the Developer only for the material upsizing cost.
Developer shall provide the City Engineer with clearly itemized costs of the
materials as provided by the pipe supplier. City shall approve the oversized sewer
line in writing in advance of said project going forward. Reimbursement shall
occur upon written acceptance by the City Engineer of said lines. All sanitary sewer
design and installation shall comply with the Idaho Standards for Public Works
Construction (ISPWC) or other standards as adopted by the City at the time of
construction. The property described herein will be serviced by the City of Ammon
sewer system, unless specifically agreed to by both developer and the City of
Ammon.
6.7. That Developer will obtain easements, design and construct the water line as shown
in the improvement drawings within the Development. An 8” diameter water line
is the general city standard. However, size of water line for the subject property
will have to be individually established based upon the topography of the
development and engineering standards, as approved by the City Engineer. Should
the City elect to have installed water line in excess of the size needed for this subject
development to accommodate development beyond the subject development, the
City may agree to reimburse the Developer only for the material upsizing cost.
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 23 of 32
GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 5 of 13
Developer shall provide the City Engineer with clearly itemized costs of the
materials as provided by the pipe supplier. City shall approve the oversized water
line in writing in advance of said project going forward. Reimbursement shall
occur upon written acceptance by the City Engineer of said lines. That the
Developer shall be responsible for extending City water lines to said development
through adjacent property if water is required prior to adjacent developers
extending water lines to Developer’s property. The property described herein will
be serviced by the City of Ammon water system, unless specifically agreed to by
both Developer and the City of Ammon.
6.8. Developer shall construct a temporary access for all construction related to the
project and shall not use existing streets for accessing the development. If no
temporary access can be constructed and Developer must use existing streets for
access, Developer shall complete a pre-construction survey of the street conditions
for all public streets and related infrastructure that provide access to the
development prior to commencement of all construction. The street survey shall be
completed by a Professional Engineer licensed in the State of Idaho assessing the
existing conditions prior to commencement of any construction. At the conclusion
of the project, a post-construction survey shall be completed by a Professional
Engineer licensed in the State of Idaho assessing any damages caused by
construction of the development. Developer shall mitigate and pay or otherwise
reimburse City for all damages to the streets caused by construction of the
development as directed by the City Engineer.
6.9. That Developer will reimburse the City for all costs associated with checking and
approval of subdivision plats and improvement drawings.
6.10. That Developer shall prepare, execute, and record protective covenants that are not
in variance with the zoning established by the City.
6.11. That Developer shall construct and install all such improvements in strict
accordance with the filed and approved street (including adjacent arterial and
collector roads), sewer, water, and drainage improvement plans and the City
standard drawings and construction specifications current and in effect at the time
the construction of said improvements is accomplished, or as otherwise agreed
between the Developer and the City if the standards and specifications are more
restrictive and onerous at the time of construction than at the time of the execution
of this document.
6.12. That Developer shall pay or reimburse City for its reasonable share of all street
improvements adjacent to the development, including water mains and lines, sewer
lines, street paving, bridges, and other improvements such as but not limited to curb,
gutter, sidewalks, and street lights, and does covenant that the City shall not have
any maintenance responsibilities for the same until expiration of the two (2) year
warranty period as provided for in the paragraph above, provided such
improvements are constructed by Developer.
6.13. That Developer shall provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion or portions of said street
or utility improvements he intends to complete at that time. Developer agrees to
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 24 of 32
GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 6 of 13
make such modifications and/or construct any temporary facilities necessitated by
such phase construction work as shall be required and approved by the City
Engineer.
6.14. That Developer shall immediately upon the completion of any such constructed
portion, portions, or the entirety of said development, notify the City Engineer and
request his inspection and written acceptance of such completed utility or street
construction.
6.15. That Developer hereby agrees that, upon a finding based upon the sole discretion
of the City Council, duly entered in the official minutes of the proceedings of the
City Council, that a portion or portions or the entirety of said utility or street
improvements described in item 6.1. above, need to be completed, in the interest of
the health, welfare, and/or safety of the inhabitants of the City, the Developer will
within thirty days or such other reasonable time as defined by the City, construct
said needed utility or street improvement. If Developer does not construct within
said time after written notification of by the Council, the Developer will pay to the
City the cost of such construction as the City shall order after conference with the
Developer. Provided, however, the City Council shall not make the findings set
forth in this paragraph except at a regular or special meeting of the Council and
unless the Developer has been notified in writing of the time and place of such
meeting of the City Council at least ten (10) days prior thereto and has been given
an opportunity to be present in person or by counsel and to be heard on the merits
of the proposed finding. At or before such hearing, the City Engineer shall furnish
the Developer a cost estimate for completing said improvement. In the event the
City elects to construct the utilities or street improvements as provided for in this
Development Agreement and in the site plan, this Development Agreement shall,
upon recording this Development Agreement, constitute a lien against all property
in said Development other than those portions for which an occupancy permit has
been issued.
6.16. That Developer further agrees that upon his having received written notification
from the City Engineer that any of the requirements herein specified have not been
complied with, the City shall have the right to withhold the issuance of any
certificates of occupancy and the issuance of building permits within such annexed
area until such time as all requirements specified herein have been complied with;
provided, however, that the Developer shall have the right to appear before the City
Council at any regular meeting after any Certificate of Occupancy shall have been
denied and shall have the right to be heard as to why such certificate or certificates
should be issued. The Council shall then decide whether such certificate or
certificates shall be issued and its decision shall be final, except that the rights of
parties are preserved at law and equity.
6.17. That Developer agrees and covenants that prior to any construction or any
improvements upon any of the area herein agreed, there shall be a preliminary plat
approved by the Planning and Zoning Commission and approved by the City
Council and the City Engineer, as to any areas where improvements are to be
commenced.
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 25 of 32
GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 7 of 13
6.18. That Developer shall dedicate to the City that portion of the proposed property
shown on the plats as public streets, easements, and public ways.
6.19. That Developer shall reimburse City for all past and future costs of publications
relative to this development until the development is completed in full. Said costs
shall include but are not limited to publication costs for notices of public hearings
for development agreement and zoning changes, ordinance publication costs for
development and public hearings, etc.
6.20. In accordance with Idaho Code 67-6537, surface water is required as the primary
water source for irrigation. Developer shall construct said pressurized irrigation
system consistent with pressurized irrigation system standards and based on
approval by the City Engineer. Developer shall construct a pressurized irrigation
system to service all lots, parcels, and common areas within the subdivision.
Developer shall receive approval of the pressurized irrigation system design prior
to installing any components of the system. Pressurized Irrigation system shall
become property of the City of Ammon, provided the following criteria are met: 1)
Construction of the system is complete; 2) Developer has shown the system is fully
operational for one (1) full operational season; and 3) Developer has shown the
system is capable of providing the primary water source for irrigation to all lots and
parcels within the subdivision. Developer shall be responsible for all defects and
deficiencies in the pressurized irrigation system for two (2) years from the date it
is turned over to the City of Ammon. A guarantee of completion in accordance with
City Code 10-29-17 shall be provided prior to issuance of building permits within
the subdivision. Upon transfer of the system to the City of Ammon, the City shall
be responsible for all operations and maintenance of the pressurized irrigation
system. If surface water is not deemed reasonably available minimum
compensatory groundwater rights, deemed acceptable by the City of Ammon, may
be purchased and transferred to the City of Ammon in accordance with City Code
8-10.
6.21. That Developer agrees no well to provide culinary, irrigation or water for any other
use without the written permission by the City Engineer, shall be drilled upon said
property after the recording date of this development agreement. Further that any
ground water rights including any existing well, lines or other infrastructure on the
property shall be dedicated or transferred to the City of Ammon.
6.22. That prior to the approval of a final plat in said subdivision, Developer shall
construct and install all Public improvements as required by the approved
improvement drawings for said subdivision. Public improvements shall include but
not be limited to: roads, phone, electric, public water, public sewer, fire protection,
cable, fiber ducts, fiber vaults, lighting and required landscaping, curb, gutter,
sidewalks and drainage systems.
6.23. That Developer shall be required to construct and install all Public improvements
as required by the approved improvement drawings for each subdivision or division
thereof prior to the issuance of any building permit for said subdivision or produce
a guarantee of completion in compliance with City Code 10-29-17. This guarantee
of completion shall be provided in lieu of completing all infrastructure
Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 26 of 32
GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 8 of 13
improvements prior to issuance of building permits within a subdivision as required
in the City of Ammon.
6.24. That when arterial roadway or infrastructure is required as part of a preliminary plat
on property located within this agreement; the Developer shall install street lights
as required by the City Engineer on the improvement drawings for the development.
Those lights shall meet the most current standards for arterial street lighting as
adopted by the City of Ammon or the equivalent as offered by Rocky Mountain
Power.
6.25. That Developer shall pay any front footage fees applicable to said property.
6.26. That Developer shall request that the City form a lighting district upon recording
of a final plat related to this agreement. Said district shall include all public
street/security lighting related to the property within the boundaries of this
agreement. Developer agrees to pay for or reimburse City for all costs associated
with the formation of said lighting district.
6.27. That Developer shall conduct and provide a traffic study in accordance with the
current BMPO Access Management Plan Section 6.3. The traffic study shall be
prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho
which has expertise in traffic studies. See Exhibit B at the end of this document.
The developer shall pay for all traffic improvements recommended by the traffic
study that are necessary to address public health, safety and welfare. Prior to
issuance of any Certificate of Occupancy for the Development, all traffic
improvements recommended by the traffic study shall be complete and approved
by the City Engineer.
6.28. That Developer shall provide required street markings and signage to match city
standards and BMPO Connecting Our Communities directives to include such
markings and signage as required by the City Engineer.
6.29. That Developer shall petition the Eastern Idaho Regional Sewer District (EIRSD)
for approval to service the wastewater requirements of the subdivision. That
Developer agrees to pay the EIRSD fee as constituted by EIRSD prior to the time
of the building permit application. Developer shall provide proof of payment to the
City. Developer acknowledges that the City of Ammon cannot guarantee sewer
capacity will be sufficient for the development and cannot award capacity on behalf
of EIRSD. Developer acknowledges that EIRSD provides wastewater treatment for
this development and that the City of Ammon provides no representation to the
Developer, by the signing of this agreement or otherwise, as to the availability of
wastewater treatment. City shall not issue building permits until EIRSD provides
written verification that the development can be served for wastewater treatment.
All other requirements necessary for the issuance of building permits, as required
by the city, must also be met.
6.30. Developer shall install fiber duct and handhold boxes as provided for by City
standards for fiber installation at the time of construction. In addition, thereto, the
City shall collect and the Developer/property owner shall pay, the amount set by
the fee schedule as adopted by the City Council when the building permit is issued.
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GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 9 of 13
6.31. Developer and/or property owner shall designate on the required building site plan
the location where fiber duct end will terminate. All installation of fiber duct and
related infrastructure shall be installed pursuant to the standards adopted by the City
of Ammon.
6.32. City shall, upon notification that the fiber duct has been installed, schedule
installation of fiber and any other related equipment and infrastructure.
6.33. Developer shall pay the Law Enforcement Contribution Fee, as provided in the
current City of Ammon Fee Resolution at the time of the issuance of the building
permit, for each commercial unit.
7. SPECIAL CONDITIONS. That this Development Agreement shall be subject to the
following special conditions. To the extent otherwise inconsistent, special conditions shall
take the precedent over all other terms:
7.1. SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per unit
for the incurred costs of the well, storage tank, and property.
7.2. SC-2: Developer shall enter into an agreement with the City of Idaho Falls
regarding improvements to South 25th East, the intersection of South 25th East and
East 49th South. This may include but not be limited to the construction of the road
on the furthest south side of the property zoned commercial to South 25th East. The
signed agreement with Idaho Falls shall be provided to the City of Ammon prior to
first building permit.
7.3. SC-3: Developer shall improve the East 49th South (Township Road) right of way
including: curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon
up to a maximum of sixty (60) feet, as stated in the annexation agreement that was
recorded on October 31, 2014 prior to the first Certificate of Occupancy. Should
this frontage be completed by the Granite Creek Division 3 developer prior to the
first Certificate of Occupancy of the Granite Creek Commercial Division 1 a
frontage fee shall be paid in lieu of construction.
7.4. SC-4: Developer shall provide a cross-access easement connecting to the
commercially zoned property to the south.
7.5. SC-5: Developer shall construct the west half of Thousand Springs Drive to the full
width including but not limited to curb, gutter, sidewalk, and asphalt to the
standards of the City of Ammon.
7.6. SC-6: This commercial property shall have no direct access to South 25th East or
East 49th South. Developer acknowledges that at some time in the future access
may be limited to right in/right out as determined by the City Engineer.
8. MISCELLANEOUS PROVISIONS.
8.1. Covenant Running with the Land/Successors and Assigns. Unless this
Agreement is modified by mutual written agreement of the Parties or terminated by
City, this Agreement and all conditions, terms, duties and obligations included in
this Agreement shall be binding upon Owner, each subsequent owner of the
Property and every person or entity acquiring any interest in the Property. This
Agreement shall constitute a covenant running with the land burdening the Property
in favor of City and shall be binding upon Owner, its successors in interest, personal
representatives, heirs, vendees and assigns.
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GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 10 of 13
8.2. Waiver. Any waiver of any of the terms or conditions of this Agreement by City
or Owner must be in writing to be effective and shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of City or Owner of
applying to any subsequent breach of any such or other covenants and conditions.
8.3. Notices. Any and all notices, demands, requests, and other communications
required to be given hereunder by either of the parties hereto shall be in writing and
be deemed properly served or delivered if delivered by hand to the party to whose
attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail,
postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by
U.S. Mail as provided herein, addressed as follows:
City:
City of Ammon
c/o City Administrator
2135 South Ammon Road
Ammon, Idaho 83406
(208) 612-4051 Phone
(208) 612-4009 Fax
Owner:
Blueskies and Tailwinds LLC
13975 South 1st East
Idaho Falls, ID 83404
(404) 917-3405
Or at such other address, or facsimile number, or to such other party which any
party entitled to receive notice hereunder designates to the other in writing as
provided above.
8.4. Attorney Fees. In the event either party to this Agreement is required to retain the
services of an attorney to enforce its rights hereunder, the defaulting party shall pay
to the non-defaulting party reasonable attorney fees and costs incurred as a result
of such default whether or not litigation is commenced and including reasonable
attorney fees and costs on appeal.
8.5. Time is of the Essence. The parties hereto acknowledge and agree that time is
hereby made expressly of the essence with respect to each and every term,
condition, and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of and a default under this
Agreement by the party so failing to perform.
8.6. Requirement for Recordation. The City shall record this document, including all
of the Exhibits, and submit proof of such recording to the Developer. This
agreement must be signed within thirty (30) days of City approval. Failure to sign
within thirty (30) days will result in this entire agreement being null and void.
8.7. No Precedent. Approval of the Standard Development Agreement shall not be
considered a binding precedent for the issuance of other development agreements.
The Standard Development Agreement is not transferable from one parcel of land
to another.
8.8. Police Powers. Nothing contained herein is intended to limit the police powers of
the City. This Agreement shall not be construed to modify or waive any law,
ordinance, rule, or regulation, including without limitation, applicable building
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GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 11 of 13
codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive
plan provisions, unless expressly provided herein.
8.9. Invalid Provisions. If any provision of this Agreement is held not valid, such
provision shall be deemed to be excised there from and the invalidity thereof shall
not affect any of the other provisions contained herein.
8.10. Choice of Law. This Agreement shall be governed by the laws and decisions of
the state of Idaho.
8.11. Certification of Compliance. Developer hereby certifies pursuant to Section 67-
2346, Idaho Code, that the Developer, its wholly owned subsidiaries, majority
owned subsidiaries, parent companies and affiliates, are not currently engaged in,
and will not for the duration of this Agreement, knowingly engage in, a boycott of
goods or services from Israel or territories under its control.
Developer hereby certifies pursuant to Section 67-2359, Idaho Code, that the
Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent
companies and affiliates, are not currently wholly or partly owned or operated by
the Government of China or any company that is owned or operated by the
Government of China.
IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement
by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this
agreement to be duly executed the day and the year first above written.
CITY OF AMMON, IDAHO DEVELOPER
By:___________________________ By: ____________________________
Sean Coletti, Mayor Lauren Mosteller, Managing Member
LLC
ATTEST:
_______________________________
Micah Austin, Interim City Clerk
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GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 12 of 13
STATE OF IDAHO
County of Bonneville
On this _____ day of _______________, 2025 before me the undersigned, a Notary Public in and
for said State, personally appeared Sean Coletti, known or identified to me to me be the Mayor of
Ammon, the municipal corporation that executed the attached Development Agreement and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date: __________
STATE OF IDAHO
County of Bonneville
On this _____ day of _______________, 2025 before me the undersigned, a Notary Public in and
for said State, personally appeared Lauren Mosteller, known or identified to me to be the individual
that executed the attached Development Agreement and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date:
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GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 13 of 13
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION
Commencing at the Northwest corner in Section 3, Township 1 North, Range 38 East of the
Boise Meridian, Bonneville County, Idaho; running North 89°41'54" East along the Section line
677.68 feet; thence South 00°24'38" East 50.00 feet to the TRUE POINT OF BEGINNING, said
TRUE POINT OF BEGINNING being on the Southerly Right-of-Way line of 49th South;
running thence S00°12'38"E, 360.36 feet; thence S89°41'54"W, 128.50 feet; thence
N00°12'38"W, 360.29 feet; thence N89°41'54"E, 127.84 to the TRUE POINT OF BEGINNING.
Parcel contains 1.06 Acres
EXHIBIT B
TO
DEVELOPMENT AGREEMENT
BMPO ACCESS MANAGEMENT PLAN
JULY 2012
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