07.02.2026 Packet
AMMON CITY COUNCIL MEETING
July 02, 2026 - 6:00 pm
Ammon City Hall
2135 S Ammon Road, Ammon, ID 83406
PUBLIC COMMENT AGENDA
CALL TO ORDER:
- Mayor Brian Powell at 6:00 p.m.
- Pledge of Allegiance – Council Member Wessel
- Prayer – Council Member Fullmer
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: June 18, 2026 – Regular Meetings - Page 2
AMMON LIGHTING DISTRICT BOARD:
1. Accounts Payable-Exhibit A
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Consideration of the Bright Star Productions Contract for Service -
(Micah Austin, City Administrator) - Page 6
2. Consideration of Resolution 2026-012 - TAP Grant for Construction of
Recreation Pathways - (Morgan Stewart, City Engineer) - Page 12
3. Consideration of Resolution 2026-013 - 1st Street Construction Grant-
(Morgan Stewart, City Engineer) - Page 26
4. Consideration of the Cooperative Signal Maintenance Agreement with
City of Idaho Falls - (Tony Black, Streets & Sanitation Division Director) -
Page 28
5. Consideration of Fox Trot Commons Conditional Rezone Agreement
Amendment - (Cindy Donovan, City Planner) - Page 37
6. Consideration of Blackrock Subdivision Master Plan Amendment -
(Cindy Donovan, City Planner) - Page 53
DISCUSSION ITEMS:
1. Proposal of LID 6 Plan - (Micah Austin, City Administrator)
2. Sanitation Rate Proposal - (Micah Austin, City Administrator)
3. Emergency Message Notification Policy - (Micah Austin, City
Administrator)
4. Miscellaneous
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 09, 2026, Work Session
- July 16, 2026, City Council
- August 06, 2026, City Council
ACCESS TO MEETINGS
MEETINGS WILL BE AVAILABLE VIA
ZOOM:
AVAILABLE UPON REQUEST-
EMAIL THE CITY CLERK 24 HOURS
PRIOR TO THE MEETING AT
CLERK@CITYOFAMMON.US
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: 2026-014; Next Ordinance Number: 748
Ammon City Council July 02, 2026 Page 1 of 60
AMMON CITY COUNCIL MINUTES
THURSDAY, JUNE 18, 2026 – 6:00 P.M.
2135 SOUTH AMMON ROAD
AGENDA
CALL TO ORDER:
- Mayor Brian Powell at 6:00 p.m.
- Pledge of Allegiance – Council Member Oswald
- Prayer – Council Member Wessel
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: June 04, 2026 – Regular Meetings
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Appointment of Rick Gehrke as Public Works Director - (Micah Austin, City Administrator)
2. Approval of TAP Grant Agreement - (Morgan Stewart, City Engineer)
3. Approval of First Street Grant Agreement - (Morgan Stewart, City Engineer)
4. Consideration of Copper Creek Model Home Conditional Use Permit - (Cindy Donovan, City
Planner)
5. Consideration of Tom Bird Subdivision 1st Amended Plat - (Cindy Donovan, City Planner)
6. Consideration of Tom Bird Development Agreement - (Cindy Donovan, City Planner)
DISCUSSION ITEMS:
1. Sanitation Fees - (Brian Powell, Mayor)
2. Miscellaneous
ADJOURN
MINUTES
City Officials Present:
Mayor Brian Powell
Council President Scott Wessel
Councilmember Nolan Wheeler
Councilmember Kris Oswald
Councilmember Jeff Fullmer
Councilmember Sid Hamberlin
City Attorney Scott Hall
City Administrator Micah Austin
City Planner Cindy Donovan
City Engineer Morgan Stewart
Assistant Planner Heather McBride
Water and Wastewater Supervisor Nathan
Riblett
City Officials Absent:
Councilmember Heidi Boyle
Ammon City Council Regular Meeting 06.18.2026 Page 1 of 4
Ammon City Council July 02, 2026 Page 2 of 60
CALL TO ORDER:
Mayor Brian Powell called the meeting to order at 6:00 p.m. Council Member Oswald led the pledge of
allegiance and Council President Wessel gave a prayer.
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: June 04, 2026 – Regular Meetings
It was moved by Council Member Oswald and seconded by Council Member Hamberlin to approve the
Consent Agenda.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, absent; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
PUBLIC COMMENT:
No public comment.
ACTION ITEMS:
1. Appointment of Rick Gehrke as Public Works Director - (Micah Austin, City Administrator)
Mayor Powell introduced Rick Gehrke and recommended Gehrke be appointed as the Public
Works Director. Gehrke attended over the phone and will tentatively start after July 4th.
It was moved by Council Member Fullmer and seconded by Council President Wessel to approve Rick
Gehrke as the Public Works Director for the City of Ammon.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, absent; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
2. Approval of TAP Grant Agreement - (Morgan Stewart, City Engineer)
City Engineer Morgan Stewart explained the pathway project and the purpose of the agreement.
Pathway design will start in fiscal year 2027 and construction is planned in the next two years.
It was moved by Council Member Oswald and seconded by Council Member Wheeler to approve the
TAP State/Local agreement for the Little Sand Pathways and authorize the Mayor to sign the contract.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, absent; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
3. Approval of First Street Grant Agreement - (Morgan Stewart, City Engineer)
City Engineer Stewart explained that the agreement is the last step before funds are obligated
for the First Street Reconstruction Project. A resolution for each grant agreement will be
presented at the next meeting.
Council President Wessel asked if the City will seek reimbursement from the Urban Renewal
Agency. City Administrator Austin said the City will request reimbursement after construction is
completed.
Ammon City Council Regular Meeting 06.18.2026 Page 2 of 4
Ammon City Council July 02, 2026 Page 3 of 60
It was moved by Council Member Wheeler and seconded by Council Member Oswald to approve the
State/Local agreement for First Street Reconstruction and authorize the Mayor to sign the contract.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, absent; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
4. Consideration of Copper Creek Model Home Conditional Use Permit - (Cindy Donovan, City
Planner)
City Planner Cindy Donovan explained this is the first time a Conditional Use Permit has been
requested at this location. Mayor Powell highlighted comments about a model home being
against the CC&Rs. Donovan explained the City does not enforce CC&Rs. City Attorney Scott Hall
clarified that the CC&Rs are enforced by the homeowners.
Council Member Hamberlin said construction debris is blown in this yard from neighboring
properties and should be addressed with the contractors.
The Council discussed concerns about property maintenance, parking, and impact to neighbors.
It was moved by Council Member Fullmer and seconded by Council Member Wessel to approve a
Conditional Use Permit to operate a model home up to 40 hours per week at 2635 Spring Gulch Drive,
with up to three employees, valid for one year from approval date or 30 days from discontinued use,
whichever occurs first, the landscaping is maintained and the property is free of debris, and limit
operation hours from 11am to 5pm Monday through Friday and 9am to 7pm Saturday finding it is in
compliance with the City Ordinance.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, absent; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
5. Consideration of Tom Bird Subdivision 1st Amended Plat - (Cindy Donovan, City Planner)
Barry Bame, Kross Roads Engineering, 112 S. Main Street, Suite D, Firth, explained there will be
one shared access onto Ross Avenue.
It was moved by Council President Wessel and seconded by Council Member Fullmer to approve the
Tom Bird Addition Division 1 1st Amended Plat finding it is in compliance with the Comprehensive Plan
and City Ordinance subject to technical review.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, absent; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
6. Consideration of Tom Bird Development Agreement - (Cindy Donovan, City Planner)
It was moved by Council Member Fullmer and seconded by Council Member Oswald to approve the
Tom Bird Addition Division 1 1st Amended Plat Standard Development Agreement.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, absent; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
DISCUSSION ITEMS:
Ammon City Council Regular Meeting 06.18.2026 Page 3 of 4
Ammon City Council July 02, 2026 Page 4 of 60
1. Sanitation Fees - (Brian Powell, Mayor)
Bonneville County will be adjusting how trash billing is done in the County. This change will cost
the City additional money that is not budgeted. City Administrator Austin explained options to
address this cost: do nothing, raise the utility rate per trash can, or bill residents by the weight of
their garage. The sanitation trucks cannot currently weigh garbage cans, but the technology does
exist.
Council Member Fullmer asked about options to expand recycling efforts in the City. City
Administrator Austin said it would be worth exploring options.
2. Miscellaneous
Council Member Fullmer - asked about plans for the 4th of July parade. Mayor Powell will talk to
the Fire Chief and update the Council.
Council Member Oswald - A real estate agent was upset about their sign being removed from the
public right-of-way. They did not know they could not put it there. City Attorney Hall suggested
sending a letter to the real estate agent association. Council Member Oswald asked that the
model home ordinance be a discussion item on the October work session agenda.
City Engineer Stewart - chip seal projects will begin next week using street levy funds.
Highlighted other projects that are planned to be done with street levy funds.
Mayor Powell - shared that many people recognized Ammon at the AIC conference for the Fiber
Optics Network.
Council Member Wheeler - provided an update from the Fire District meeting. The Fire District
plans to do a feasibility study for combining with the City of Idaho Falls.
City Administrator Austin - Bonneville County has the Greater Idaho Falls Transit (GIFT) contract
in their fiscal year 2027 budget.
Water and Wastewater Supervisor Nathan Riblett - one of the wells had equipment failure
earlier this week and the Water Department is proactively working to prevent future issues.
Council President Wessel made a motion to adjourn the meeting
ADJOURN at 8:26 pm
______________________________
Brian Powell, Mayor
______________________________
Joanna Dahm, City Clerk
Ammon City Council Regular Meeting 06.18.2026 Page 4 of 4
Ammon City Council July 02, 2026 Page 5 of 60
Date: July 2, 2026
To: Mayor Powell and City Council
Presenting: Micah Austin, City Administrator
Subject: Staff Report regarding annual Contract for Service with Bright Star Production
Contract for Service with Bright Star Productions for FY 2026
Recommendation
- Approval of the request.
Summary of Analysis
1. Bright Star Productions is a registered non-profit organization that is focused on providing acting
and theatrical opportunities to children.
2. Bright Star Productions is requesting $4,000 from the City of Ammon for production of live
theater events that would occur during FY 2026 and FY 2027
3. Bright Star Productions plans to produce at least two theater productions involving children
during 2026 and 2027. All productions will be open to the public and tickets will be sold.
4. The funds will be used for production of the musical performance including, but not limited to,
costumes, props, building materials, music, scripts, and the rights to produce the show.
Financial Impact
- Contracts for Service are paid from GL#10-408-600.
- This line item has adequate funding remaining in the budget to pay for this expense.
Motion
“I move to approve the contract for service with Bright Star Productions in the amount of
$4,000.”
Attachments:
1. Contract for Service with Bright Star Productions.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council July 02, 2026 Page 6 of 60
CONTRACT FOR SERVICES
(City of Ammon and Bright Star Productions)
THIS CONTRACT FOR SERVICES (“Agreement”) is made and entered into this 2nd day of July,
2026, by and between the CITY OF AMMON, an Idaho municipal corporation (hereinafter referred to as
“Ammon”) and Bright Star Productions, an Idaho non-profit corporation (hereinafter referred to as
“BSP”).
RECITALS
A. Ammon has the authority to enter into contracts and to take such steps as are reasonably
necessary to maintain the health, safety and welfare of the City and promote cultural and
recreation opportunities for Ammon citizens;
B. BSP is experienced in providing specialized services to Ammon residents that the City of Ammon
does not provide;
C. It is in the best interest of the public health, safety, welfare, and prosperity of the City to
continue the services that BSP provides to Ammon citizens and these activities, and any costs
associated therein, are determined to be ordinary and necessary expenses for the economic
well-being of Ammon and its residents and guests;
D. Ammon desires to contract with BSP to provide community services that will improve the lives of
individuals living within Ammon city limits;
E. The parties acknowledge and agree that all funds paid to BSP under this Agreement shall be
used to provide services for Ammon for the purpose of improving the public health, safety and
welfare of Ammon residents; and
F. Subject to the terms and conditions of this Agreement, the parties wish to enter into this
agreement to provide the services described herein.
AGREEMENT
NOW THEREFORE, Ammon and BSP, for and in consideration of the preceding recitals, mutual
promises and covenants hereinafter set forth, do hereby agree as follows:
1. Consideration. In consideration for providing the services provided herein, Ammon agrees to
pay BSP $4,000 to complete the Scope of Services. When requested by BSP and subject to the
terms and conditions set forth herein, Ammon shall make payments one lump sum payment on
or before September 30, 2026.
2. Term. Unless terminated pursuant to Section 7(B) of this Agreement and notwithstanding the
date of execution hereof, this Agreement shall be in effect until September 30, 2027.
3. Scope of Services. BSP shall provide the following services:
a. Production of Youth Community Musical Theater
-1- Ammon City Council July 02, 2026 Page 7 of 60
i. BSP shall produce two musical theater productions featuring youth between
September 1, 2026 and April 5, 2027. The production shall be open to all
residents of Ammon.
b. Show Choir Performances
i. BSP shall operate a year-round youth show choir. The choir will perform a
minimum of four times at different venues throughout the community, and the
performances shall be open to all residents of Ammon.
4. Budget, IRS Filings, Annual Work Plan, Monthly Record Keeping and Availability of Records.
a. Budget. Upon request from the City of Ammon, BSP shall submit a Year-to-Date P&L and
Balance Sheet for BSP, which is satisfactory to Ammon showing income, expenses and
particular fund balances. BSP shall submit its current Operating Budget to Ammon when
such budget has been approved by the BSP Board. This operating budget shall contain
sufficient information and detail to permit meaningful review by the public.
b. IRS Filings. Upon request from the City of Ammon and after execution of this
Agreement, BSP shall submit to Ammon IRS Form 990 and all associated documents for
the previous two (2) years of operation.
c. Financial Accounting and Reporting Requirements. Upon request from the City of
Ammon, BSP shall submit to Ammon a year-end financial statement which shall be
prepared in a format that details the expenditure of Ammon funds paid to BSP under the
terms of this Agreement. The City may request additional financial information it deems
necessary or appropriate to assist the City in verifying the accuracy of BSP’s financial
records. Any duly authorized agents of the City shall be entitled to inspect and audit all
books and records of BSP only for compliance with the terms of this Agreement. In the
event the financial report indicates that funds were used for purposes not permitted by
this Agreement, BSP shall remit the disallowed amount to Ammon within thirty (30) days
of notification by Ammon of such improper expenditures.
d. General Requests. Upon request, and within a reasonable time period, BSP shall submit
any other information or reports relating to its activities under this Agreement to
Ammon in such form and at such time as Ammon may reasonably require.
e. Retention of Records. BSP agrees to retain all financial records, supporting documents,
statistical reports, client or membership records and contracts, property records,
minutes, correspondence, and all other accounting records or written materials
pertaining to this Agreement for three (3) years following the expiration or termination
of this Agreement. Ammon, at its own expense, may review or audit the financial
transactions undertaken by BSP under this Agreement to ensure compliance with the
terms and conditions herein with reasonable prior notice and during the normal
business hours of BSP.
5. Payments. To receive payments for the services described in Section 3 of this Agreement, BSP
may be required by the City Council of the City of Ammon to submit quarterly reports of
activities.
6. Record of Funds. In order to insure proper financial accountability, BSP shall maintain accurate
-2- Ammon City Council July 02, 2026 Page 8 of 60
records and accounts of all funds received from Ammon, keeping such accounts and records
separate and identifiable from all other accounts, and making such accounts and records
available to the City during normal business hours, on request of the City. Compliance with this
provision does not require a separate bank account for the funds. The funds paid to BSP by
Ammon shall be expended solely for operations and activities in conformance with this
Agreement. Further, no such funds shall be transferred, spent, loaned or encumbered for other
BSP activities or purposes other than for operations and activities in conformance with this
Agreement.
7. Miscellaneous Provisions.
a. Notices. All notices to be served pursuant to this Agreement or which are
served with regard to this Agreement shall be sent by certified mail, return receipt, to
the parties at the following addresses:
City of Ammon
2135 S. Ammon Rd.
Ammon, Idaho 83406
Bright Star Productions
2255 Quail Ridge Dr
Ammon, ID 83401
All notices of changes of addresses shall be sent in the same manner.
b. Termination. The parties hereto covenant and agree that in the event Ammon, in its sole
and absolute discretion, lacks sufficient funds to continue paying for BSP’s services under
this Agreement, Ammon may terminate this Agreement without penalty upon thirty (30)
days written notice. Upon receipt of such notice neither party shall have any further
obligation to the other. In the event of early termination of this Agreement, BSP shall
submit to Ammon a report of expenditures authorized by this Agreement as of the
effective date of termination. Any Ammon funds not encumbered for authorized
expenditures at the date of termination shall be refunded to Ammon within twenty (20)
days.
c. Independent Contractor. Ammon and BSP hereby agree that the BSP shall perform the
Services exclusively as an independent contractor and not as employee or agent of
Ammon. The Parties do not intend to create through this Agreement any partnership,
corporation, employer/employee relationship, joint venture or other business entity or
relationship other than that of independent contractor. BSP, its agents and employees
shall not receive nor be entitled to any employment-related benefits from Ammon
including without limitation, workers compensation insurance, unemployment
insurance, health insurance, retirement benefits or any benefit that Ammon offers to its
employees. BSP shall be solely responsible for the payment of all payroll and
withholding taxes for amounts paid to BSP under this Agreement and for BSP’s payments
for work performed in performance of this Agreement by BSP, its agents and employees;
and BSP hereby releases, holds harmless and agrees to indemnify Ammon from and
against any and all claims or penalties, including without limitation the 100% penalty,
which in any manner relate to or arise from any failure to pay such payroll or
withholding taxes.
-3- Ammon City Council July 02, 2026 Page 9 of 60
d. Compliance With Laws/Public Records. BSP acknowledges that Ammon is a public
agency subject to the Idaho Public Records Act. BSP will communicate with and
cooperate with Ammon upon request by Ammon so as to identify, address, potentially
disclose, and evaluate exemptions as necessary for records that may be subject to Idaho
public records law.
e. Non-assignment. This Agreement may not be assigned by or transferred by BSP, in
whole or in part, without the prior written consent of Ammon.
f. Hold Harmless Agreement. BSP shall indemnify, defend and save and hold harmless
Ammon, its officers, agents, and employees, from and against any and all claims, loss,
damages, injury or liability, including but not limited to, the misapplication of Ammon
funds, state or federal anti-trust violations, personal injury or death, damages to
property, liability arising out of the use of materials, concepts, or processes protected by
intellectual property rights and liens of workmen and material men, howsoever caused,
resulting directly or indirectly from the performance of the Agreement by BSP.
g. Entire Contract. This Agreement contains the entire contract between the parties hereto
and shall not be modified or changed in any manner, except by prior written contract
executed by both parties hereto.
h. Succession. This Agreement shall be binding upon all successors in interest of either
party hereto.
i. No Third Party Beneficiaries. This Agreement shall not create any rights or interest in
any third parties.
j. Law of Idaho. This Agreement shall be construed in accordance with the laws of the
State of Idaho.
k. Severability. If any clause, sentence, or paragraph of this Agreement is held by a court of
competent jurisdiction to be invalid for any reason, such decision shall not affect the
remaining portions, and the parties do now declare their intention that each such
clause, sentence, or paragraph of this Agreement is a separate part hereof.
l. Preparation of Contract. No presumption shall exist in favor of or against any party to
this Agreement as a result of the drafting and preparation of the document.
m. No Waiver. No waiver of any breach by either party of the terms of this Agreement shall
be deemed a waiver of any subsequent breach of the Agreement.
n. Attorney’s Fees. In the event either party hereto is required to retain counsel to enforce
a provision of this Agreement, to recover damages resulting from a breach hereof or if
either party defaults in the performance of this Agreement, the prevailing party shall be
entitled to recover from the other party all reasonable attorney’s fees incurred herein or
on appeal.
o. Conflict of Interest. No officer or director of BSP who has decision making authority
either by them self or by vote, and no immediate family member of such individual, shall
-4- Ammon City Council July 02, 2026 Page 10 of 60
have a direct pecuniary interest in any contract or subcontract for work to be performed
in connection with this Agreement. BSP shall incorporate or cause to be incorporated in
all such contracts, a provision prohibiting such interest pursuant to this provision.
IN WITNESS WHEREOF, the parties hereto have caused this Contract for Services to be executed on the
day and year first written above.
CITY OF AMMON Bright Star Productions
_______________________ _______________________________________
Brian Powell, Mayor Taneil Serr, Executive Director
ATTEST: ______________________________
Joanna Dahm, City Clerk
-5- Ammon City Council July 02, 2026 Page 11 of 60
Date: July 2, 2026
To: Mayor Powell and City Council
Presenting: Morgan Stewart, City Engineer
Subject: Staff Report regarding resolution 2026-012
Approval of Resolution 2026-012 -TAP Grant Agreement for Little Sand Pathway
Staff Recommendation
- Staff recommends approval of Resolution of 2026-012
Summary of Analysis
1. The City received two federal TAP grants for pathways.
2. The grants are to construct 2 miles of pathway from 17th street to 49th S along the Little Sand
Creek Canal and connect with the 49th pathway slated for construction next year.
3. This agreement would kick off the project and move both pathways into the design phase.
Financial Impact
● This contract obligates the City to pay an initial $5,000, once the contract is signed.
● The City will be responsible for 7.34% of all costs related to this project currently estimated to be
$80,163.
Motion
“I move to approve Resolution 2026-012, approving the State/Local agreement for the Little
Sand Pathway.”
Attachments:
1. Agreement
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council July 02, 2026 Page 12 of 60
RESOLUTION NUMBER 2026-012
RESOLUTION OF THE CITY OF AMMON APPROVING THE STATE/LOCAL AGREEMENT WITH THE IDAHO
TRANSPORTATION DEPARTMENT AND THE CITY'S MATCH COMMITMENT FOR THE LITTLE SAND PATH;
49TH S TO 17TH STREET
WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an
Agreement stating obligations of the STATE and the CITY OF AMMON,hereafter called the CITY, for
construction of a separated pathway along the Little Sand Canal to provide connectivity to pedestrians
and bicyclists to safely connect several neighborhoods on the southern side of Ammon.; and
WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural
policies in the development, construction and maintenance of improvements
made to the Federal-aid Highway System when there is federal participation in the costs; and
WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth
in the Agreement; and
WHEREAS, The STATE can only pay for work associated with the State Highway system; and
WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of Ammon, that the Agreement
for Federal Aid Highway Project A024(673) is hereby approved. That the Mayor and the City Clerk are
hereby authorized to execute the Agreement on behalf of the CITY. That duly certified copies of the
Resolution shall be furnished to the Idaho Transportation Department.
This Resolution will be in full force and effect upon the day of its adoption.
CITY OF AMMON
______________________________
Brian Powell, Mayor
ATTEST:
_________________________
Joanna Dahm, City Clerk
Ammon City Council July 02, 2026 Page 13 of 60
TAP State/Local Agreement
Little Sand Path; 49th S to 17th St.
Key No. 24673
Page 1
TAP STATE/LOCAL AGREEMENT
(DESIGN AND CONSTRUCTION)
PROJECT NO. A024(673)
LITTLE SAND PATH; 49TH S TO 17TH ST
KEY NO. 24673
PARTIES
THIS AGREEMENT is made and entered into this _________day of
____________________, _______, by and between the IDAHO TRANSPORTATION
DEPARTMENT, hereafter called the State and the CITY OF AMMON, acting by and through
its MAYOR AND COUNCIL, hereafter called the Sponsor.
PURPOSE
The Sponsor has requested funding under the Transportation Alternatives (TAP) Program.
The purpose of this Agreement is to set out the terms and conditions necessary to obtain Federal-
aid participation in the work.
The Sponsor acknowledges that this Agreement covers a project wherein federal aid funds
will be allocated, and Sponsor will comply with the requirements of 23 U.S.C. §313 & 23 CFR
§635.410.
NOTE: The Sponsor is responsible for complying with all project requirements and project
administration procedures outlined in the Transportation Alternatives Program Manual
available at http://apps.itd.idaho.gov/apps/manuals/manualsonline.html .
Since certain functions under this Agreement are to be performed by the State, involving
the expenditure of funds, and since the State can only pay for work associated with the State
Highway System, the Sponsor is fully responsible for all costs related to the project for work off
the State Highway System.
Authority for this Agreement is established by Section 40-317 of the Idaho Code.
The Parties agree as follows:
SECTION I. GENERAL
1. This Agreement is entered into for the purpose of complying with certain provisions
of the Federal-Aid Highway Act, in obtaining federal participation in the design
and construction of the project.
2. Federal participation in the costs of the project will be governed by the applicable
sections of Title 23 U.S. Code (Highways) and rules and regulations prescribed or
Ammon City Council July 02, 2026 Page 14 of 60
TAP State/Local Agreement
Little Sand Path; 49th S to 17th St.
Key No. 24673
Page 2
promulgated by the Federal Highway Administration, including, but not limited to,
the requirements of 23 U.S.C. §313, 23 CFR §635.410, and 28 CFR Part II.
3. Funds owed by the Sponsor shall be remitted to the State through the ITD payment
portal at: https://apps.itd.idaho.gov/PayITD .
4. Federal participation in the project is at the rate of 92.66%; local participation is
7.34%.
5. Scheduled funding for this project is listed on the approved Idaho Transportation
Investment Program, and subsequent revisions. Current estimated funding is as
follows:
a. Project Development - $116,000
(PL-$16,000, PC-$100,000)
b. Utilities (UT) - $0
c. Right of Way (ROW) - $0
d. Construction (CN) - $899,640
e. Construction Engineering - $76,500
(CE-$76,500)
f. Total Estimated Project Costs - $1,092,140
6. The Sponsor’s match for this project will be provided in cash in the amount of 7.34
percent of the entire project (currently $80,163).
7. This project shall be designed to State Standards as defined in the current version
of the Idaho Transportation Department’s Roadway Design Manual, or as
subsequently revised. The current version of the Roadway Design Manual can be
viewed at the following web site:
http://itd.idaho.gov/manuals/ManualsOnline.html .
SECTION II. That the Sponsor shall:
1. Provide a funding match of 7.34% of the Total Estimated Project Costs of
$1,092,140 and assume responsibility for all costs of the project over and above the
federal-aid limit of 92.66%.
2. Pay to the State the sum of FIVE THOUSAND DOLLARS ($5,000), estimated
to be the total expense to the State for this project. This amount will be applied
towards the Sponsor’s match. Upon project completion, if the estimated expense
does not reflect the true cost of the work performed by the State, the Sponsor shall
remit to the State the additional sum needed to cover the actual costs incurred by
the State.
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3. Designate an authorized representative to act on the Sponsor’s behalf. That
authorized representative’s name is ___________________________________,
Phone No. ___________________.
4. With the assistance of the State, secure the services of a consultant to design the
project, and provide a copy of the project plans, specifications and estimate to the
State for review and approval.
5. Before advertisement for bids, provide to the State a certification that all rights-of-
way, easements, permits, materials sources, and agreements necessary for the
construction and maintenance of the project have been acquired. The Sponsor will
also certify that the contract proposal includes FHWA Form 1273 (Federal-aid
Contract Provisions), and will provide an environmental determination in
accordance with 23CFR 771.117.
6. Before advertisement for bids, provide to the State for review and approval a copy
of the Contract Proposal form, Notice to Contractors, and construction plans,
specifications and estimate. After the project is advertised for bids, provide the
State with a copy of the bidding documents.
7. Advertise for the construction of the project, open bids, prepare a contract estimate
of cost based on the successful low bid in accordance with State laws on
procurement procedures for local governments, and request State concurrence prior
to award.
8. Award a contract for construction of the project based on the successful low bid,
and provide the State a copy of the contract.
9. During construction of the project, Sponsor will provide a project manager and staff
to administer and inspect the project, and to provide inspection diaries and support
to the State’s Engineer. The individuals who will be performing inspection or
certifying the sampling and testing results of any materials must be qualified in the
appropriate inspector/sampler/tester area as identified in Memo 17B in the
Transportation Alternatives Program Manual.
10. The Sponsor shall prepare all monthly and final contract estimates and change
orders, and submit all major change orders to the State for approval. During the life
of the construction contract, prior approval of the State will be obtained if it is
necessary to deviate from the plans and specifications to such a degree that the
nature of the completed work is significantly changed.
11. In cooperation with the State, establish and cause to be maintained all construction
traffic controls deemed necessary to best serve the public interests and to expedite
the work in accordance with the MUTCD.
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12. At no cost to the federal-share, cause to be replaced to original, equal or better
condition any existing pavement, regulatory signs, and other similar items damaged
as a result of the contractor’s operation, except as hereafter stated as obligations of
the State.
13. During design and construction of the project, be responsible for payment of all
invoices for work performed on the project. The Sponsor will provide monthly
invoices, and proof of payment of same, to the State for reimbursement of the
federal-aid share, up to the federal-aid limit noted in Section I, Paragraph 4 above.
14. Maintain all project records, including source documentation for all expenditures
for a period of three (3) years from the date of final acceptance. Provide the State
an electronic copy of these documents and records upon completion of the project.
If any litigation, claim, negotiation, or audit has been started before expiration of
the three-year period, the records shall be retained until completion of the action
and resolution of all issues that arise from it.
15. Maintain the project upon completion to the satisfaction of the State. Such
maintenance includes, but is not limited to, preservation of the building and
landscape as is necessary for safe and efficient utilization in accordance with
approved agreement with State, Federal, and Local preservation entities.
16. Comply with Exhibit B attached hereto and made a part hereof. By this agreement
Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title
VI of the Federal Code and to generally insert those provisions in all contracts that
it enters into that are federally funded on this project. If property acquired for this
project with Federal financial assistance is transferred, the recipient of the property
will be subject to Exhibit B if the property is used for the same purpose it was
originally acquired or for another purpose involving similar services or benefits to
the general public. Sponsor should contact the State prior to disposing of any
property acquired under this agreement.
17. Comply with all other applicable State and Federal regulations.
18. To the extent permitted by Idaho law and as provided by the Idaho Tort Claims Act,
indemnify, save harmless the State, regardless of outcome, from the expenses of
and against suits, actions, claims or losses of every kind, nature and description,
including costs, expenses and attorney fees that may be incurred by reason of any
act or omission, neglect or misconduct of the Sponsor or its consultant in the design,
construction and maintenance of the work which is the subject of this Agreement,
or Sponsor’s failure to comply with any state or federal statute, law, regulation or
rule. Nothing contained herein shall be deemed to constitute a waiver of the State’s
sovereign immunity, which immunity is hereby expressly reserved.
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SECTION III: That the State shall:
1. Enter into an Agreement with the Federal Highway Administration covering the
federal government's pro rata share of design and construction costs, up to a
maximum of the federal-aid limit noted in Section I, Paragraph 4 above.
2. Assist in the selection of a Consultant, negotiate, and furnish the Agreement for
Consultant Services and any supplements thereto, to be used between the Sponsor
and Consultant on this project.
3. Review and approve the project plans and specifications.
4. Authorize the Sponsor to administer the project and make any necessary changes
and decisions within the general scope of the plans and specifications.
5. Appoint the Local Highway Technical Assistance Council (LHTAC) as the
contract administrator for the State.
6. Designate a resident engineer and other personnel, as the State deems necessary, to
supervise construction in accordance with the plans, specifications and estimates in
the manner required by applicable state and federal regulations. Review for
approval all major change orders submitted by the Sponsor, and conduct a final
inspection of the project when completed.
7. Upon receipt of monthly invoices from the Sponsor, submit same to the Federal
Highway Administration for reimbursement at the federal-aid participation rate of
92.66%, up to a maximum of the federal-aid limit noted in Section I, Paragraph 4
above.
8. Maintain complete accounts of all project funds received and disbursed, which
accounting will determine the final project costs.
9. Cooperate with the Sponsor in selection and designation of suitable construction
traffic control during project construction.
10. Designate an authorized representative to act on the State’s behalf. That authorized
representative’s name is ________Amanda LaMott________, Phone No.
___________________.
SECTION IV. Both Parties agree as follows:
1. Federal participation is contingent upon ultimate completion of the project. If for
any reason the project is removed from the program without being completed, then
the Sponsor shall be responsible for One Hundred Percent (100%) of all project
costs, and shall pay back to the State all costs previously reimbursed. If the
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Sponsor’s deposit exceeds project costs, then the State shall return the unspent
balance to the Sponsor.
2. Sufficient Appropriation. It is understood and agreed that the State is a
governmental agency, and this Agreement shall in no way be construed so as to
bind or obligate the State beyond the term of any particular appropriation of funds
by the Federal Government or the State Legislature as may exist from time to time.
The State reserves the right to terminate this Agreement if, in its sole judgment, the
Federal Government or the legislature of the State of Idaho fails, neglects or refuses
to appropriate sufficient funds as may be required for the State to continue
payments. Any such termination shall take effect immediately upon notice and be
otherwise effective as provided in this Agreement.
3. All information, regulatory and warning signs, pavement or other markings, traffic
signals required, the cost of which is not provided for in the plans and estimates,
must be erected at the sole expense of the Sponsor upon the completion of the
project.
4. The location, form and character of all signs, markings and signals installed on the
project, initially or in the future, shall be in conformity with the Manual of Uniform
Traffic Control Devices as adopted by the State.
5. This Agreement shall become effective on the first day mentioned above, and shall
remain in full force and effect until amended or replaced upon mutual consent of
the State and the Sponsor.
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EXECUTION
This Agreement is executed for the State by its Division Administrator and executed for
the Sponsor by the Mayor and Council, attested to by the City Clerk, with the imprinted
Corporate Seal of the City of Ammon.
IDAHO TRANSPORTATION DEPARTMENT
________________________________
Division Administrator
ATTEST: CITY OF AMMON
________________________ _________________________________
City Clerk Mayor
By regular/special meeting
on .
wd: Key No. 24673
Ammon City Council July 02, 2026 Page 20 of 60
RESOLUTION
WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has
submitted an Agreement stating obligations of the STATE and the CITY OF AMMON,
hereafter called the CITY, for construction of a separated pathway along the Little Sand Canal to
provide connectivity to pedestrians and bicyclists to safely connect several neighborhoods on the
southern side of Ammon.; and
WHEREAS, the STATE is responsible for obtaining compliance with laws, standards
and procedural policies in the development, construction and maintenance of improvements
made to the Federal-aid Highway System when there is federal participation in the costs; and
WHEREAS, certain functions to be performed by the STATE involve the expenditure of
funds as set forth in the Agreement; and
WHEREAS, The STATE can only pay for work associated with the State Highway
system; and
WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Agreement for Federal Aid Highway Project A024(673) is hereby
approved.
2. That the Mayor and the City Clerk are hereby authorized to execute the
Agreement on behalf of the CITY.
3. That duly certified copies of the Resolution shall be furnished to the Idaho
Transportation Department.
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called
special (X-out non-applicable term) meeting of the City Council, City of Ammon, held on
_____________________, _______.
(Seal) ___________________________
City Clerk
Ammon City Council July 02, 2026 Page 21 of 60
EXHIBIT B
1050.20 Appendix A:
During the performance of work covered by this Agreement, the Consultant for themselves, their assignees and
successors in interest agree as follows:
1. Compliance With Regulations. The Consultant shall comply with all regulations of the United States
Department of Transportation relative to Civil Rights, with specific reference to Title 49 CFR Part 21, Title
VI of the Civil Rights Act of 1964 as amended, and Title 23 CFR Part 230 as stated in the ITD EEO
Special Provisions and Title 49 CFR Part 26 as stated in the appropriate ITD DBE Special Provisions.
http://apps.itd.idaho.gov/apps/ocr/index.aspx
2. Nondiscrimination. The Consultant, with regard to the work performed by them during the term of this
Agreement, shall not in any way discriminate against any employee or applicant for employment;
subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other
individual or firm providing or proposing services based on race, color, sex, national origin, age, disability,
limited English proficiency or economic status.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations, either by bidding or negotiation, made by the Consultant for work or services performed
under subcontract, including procurement of materials and equipment, each potential subcontractor or
supplier shall be made aware by the Consultant of the obligations of this Agreement and to the Civil
Rights requirements based on race, color, sex, national origin, age, disability, limited English proficiency
or economic status.
4. Information and Reports. The Consultant shall provide all information and reports required by
regulations and/or directives and sources of information, and their facilities as may be determined by the
State or the appropriate Federal Agency. The Consultant will be required to retain all records for a period
of three (3) years after the final payment is made under the Agreement.
5. Sanctions for Noncompliance. In the event the Consultant or a Subconsultant is in noncompliance with
the EEO Special Provisions, the State shall impose such sanctions as it or the appropriate Federal
Agency may determine to be appropriate, including, but not limited to:
Withholding of payments to the Consultant until they have achieved compliance;
Suspension of the agreement, in whole or in part, until the Consultant or Subconsultant is found to be in
compliance, with no progress payment being made during this time and no time extension made;
Cancellation, termination or suspension of the Agreement, in whole or in part;
Assess against the Consultant’s final payment on this Agreement or any progress payments on current or
future Idaho Federal-aid Projects an administrative remedy by reducing the final payment or future
progress payments in an amount equal to 10% of this agreement or $7,700, whichever is less.
6. Incorporation of Provisions. The Consultant will include the provisions of paragraphs 1 through 5
above in every subcontract of $10,000 or more, to include procurement of materials and leases of
equipment unless exempt by the Acts, the Regulations, and directives pursuant thereto. The Consultant
shall take such action with respect to any subcontract or procurement as the State or the appropriate
Federal Agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into
any litigation to protect the interest of the State. In addition, the Consultant may request the United States
to enter into the litigation to protect the interests of the United States.
1050.20 Appendix E
During the performance of this contract, the Consultant, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with all non- discrimination
statutes and authorities; including but not limited to:
Ammon City Council July 02, 2026 Page 22 of 60
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, ( 49 USC § 4 71, Section 4 7123 ), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented
by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, which ensures discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq).
Implementation Procedures
This agreement shall serve as the Sponsor’s Title VI plan pursuant to 23 CFR 200 and 49 CFR 21.
For the purpose of this agreement, “Federal Assistance” shall include:
1. grants and loans of Federal funds,
2. the grant or donation of Federal property and interest in property,
3. the detail of Federal personnel,
4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal
property or any interest in such property without consideration or at a nominal consideration, or at a
consideration which is reduced for the purpose of assisting the Sponsor, or in recognition of the public
interest to be served by such sale or lease to the Sponsor, and
5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of
assistance.
The Sponsor shall:
1. Issue a policy statement, signed by the Sponsor’s authorized representative, which expresses its
commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated
throughout the Sponsor’s organization and to the general public. Such information shall be published
where appropriate in languages other than English.
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2. Take affirmative action to correct any deficiencies found by ITD or the United States Department of
Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement
Title VI compliance in accordance with this agreement. The Sponsor’s authorized representative shall be
held responsible for implementing Title VI requirements.
3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to
the Sponsor’s authorized representative. The Title VI Coordinator shall be responsible for initiating and
monitoring Title VI activities and preparing required reports.
4. Adequately implement the civil rights requirements.
5. Process complaints of discrimination consistent with the provisions contained in this agreement.
Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation.
Identify each complainant by race, color, national origin, sex, or disability; the nature of the complaint; the
date the complaint was filed; the date the investigation was completed; the disposition; the date of the
disposition; and other pertinent information. A copy of the complaint, together with a copy of the Sponsor’s
report of investigation, will be forwarded to ITD’s EEO Office – External Programs within 10 days of the
date the complaint was received by the Sponsor.
6. Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programs
and activities conducted by the Sponsor.
7. Conduct Title VI reviews of the Sponsor and sub-recipient contractor/consultant program areas and
activities. Revise where applicable, policies, procedures and directives to include Title VI requirements.
8. Attend training programs on Title VI and related statutes conducted by ITD’s EEO Office.
9. Participate in an annual review of the Sponsor’s Title VI Program, the purpose of which is to determine to
what extent the Sponsor has complied with Title VI requirements including the ADA. This review is
conducted one year from the date of approval of the Non-Discrimination Agreement and then annually on
the same date. The format for the Title VI review will be provided each year to the Sponsor for completion.
A determination of compliance will be made by ITD’s EEO Office based on the information supplied in the
review. This review of the Sponsor’s Title VI Program may also include an on-site review in order to
determine compliance.
Discrimination Complaint Procedure
Any person who believes that he or she, individually, as a member of any specific class, or in connection with any
disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights
Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973
and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A complaint may
also be filed by a representative on behalf of such a person. All complaints will be referred to the Sponsor’s Title VI
Coordinator for review and action.
In order to have the complaint consideration under this procedure, the complainant must file the complaint no later
than 180 days after:
a) The date of alleged act of discrimination; or
b) Where there has been a continuing course of conduct, the date on which that conduct was
discontinued.
In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest
of justice, specifying in writing the reason for so doing.
Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s representative.
Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination.
In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor, the
person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person
in reducing the complaint to writing and submit the written version of the complaint to the person for signature.
The complaint shall then be handled according to the Sponsor’s investigative procedures.
Ammon City Council July 02, 2026 Page 24 of 60
Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action
taken or proposed action to process the allegation, and advise the complainant of other avenues of redress
available, such as ITD and USDOT.
The Sponsor will advise ITD within 10 days of receipt of the allegations. Generally, the following information will be
included in every notification to ITD:
a) Name, address, and phone number of the complainant.
b) Name(s) and address(es) of alleged discriminating official(s).
c) Basis of complaint (i.e., race, color, national origin or sex)
d) Date of alleged discriminatory act(s).
e) Date of complaint received by the Sponsor.
f) A statement of the complaint.
g) Other agencies (state, local or Federal) where the complaint has been filed.
h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in
the complaint.
Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information
obtained, will render a recommendation for action in a report of findings to the Sponsor’s authorized
representative. The complaint should be resolved by informal means whenever possible. Such informal attempts
and their results will be summarized in the report of findings.
Within 90 days of receipt of the complaint, the Sponsor’s authorized representative will notify the complainant in
writing of the final decision reached, including the proposed disposition of the matter. The notification will advise
the complainant of his/her appeal rights with ITD, or USDOT, if they are dissatisfied with the final decision
rendered by the Sponsor. The Title VI Coordinator will also provide ITD with a copy of this decision and summary
of findings upon completion of the investigation.
Contacts for the different Title VI administrative jurisdictions are as follows:
Idaho Transportation Department
Equal Employment Opportunity Office – External Programs
EEO Manager
PO Box 7129
Boise, ID 83707-1129
208-334-8884
Federal Highway Administration
Idaho Division Office
3050 Lakeharbor Lane, Suite 126
Boise, ID 83703
208-334-9180
Sanctions
In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITD may take any or all of
the following actions:
1. Cancel, terminate, or suspend this agreement in whole or in part;
2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or
refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor.
3. Take such other action that may be deemed appropriate under the circumstances, until compliance or
remedial action has been accomplished by the Sponsor;
4. Refer the case to the Department of Justice for appropriate legal proceedings.
Distribution: EEO Office
Revised: 03-09, 08-10, 08-17
Ammon City Council July 02, 2026 Page 25 of 60
Date: July 2, 2026
To: Mayor Powell and City Council
Presenting: Morgan Stewart, City Engineer
Subject: Staff Report regarding resolution 2026-013
Adoption of Resolution 2026-013 - Agreement for First Street Widening
Staff Recommendation
- Staff recommends approval of Resolution of 2026-013
Summary of Analysis
1. The City received a Federal grant for the reconstruction of First Street from 25th E to Ammon
Road.
2. Construction for First Street is tentatively slated for next spring after school is let out for summer.
3. This agreement is the last step before the funds are obligated for construction.
Financial Impact
● The City will be responsible for 7.34% of all costs related to this project.
● In addition to the match, the City will be responsible for overages.
● Bonneville County will reimburse the city for their portion of the match money and the city
currently has $30,000 in developer contributions for First Street.
Motion
“I move to approve Resolution 2026-013, approving the State/Local agreement for the First
Street Widening.”
Attachments:
1. Agreement
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council July 02, 2026 Page 26 of 60
RESOLUTION NUMBER 2026-013
RESOLUTION OF THE CITY OF AMMON APPROVING THE STATE/LOCAL AGREEMENT WITH THE IDAHO
TRANSPORTATION DEPARTMENT AND THE CITY'S MATCH COMMITMENT FOR THE 1ST STREET
WIDENING PROJECT
WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an
Agreement stating obligations of the STATE and the CITY OF AMMON,hereafter called the CITY, for
construction of 1st Street Widening, Ammon; and
WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural
policies in the development, construction and maintenance of improvements
made to the Federal-aid Highway System when there is federal participation in the costs; and
WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth
in the Agreement; and
WHEREAS, The STATE can only pay for work associated with the State Highway system; and
WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of Ammon, that the Agreement
for Federal Aid Highway Project A024(250) is hereby approved. That the Mayor and the City Clerk are
hereby authorized to execute the Agreement on behalf of the CITY. That duly certified copies of the
Resolution shall be furnished to the Idaho Transportation Department.
This Resolution will be in full force and effect upon the day of its adoption.
CITY OF AMMON
______________________________
Brian Powell, Mayor
ATTEST:
_________________________
Joanna Dahm, City Clerk
Ammon City Council July 02, 2026 Page 27 of 60
Date: July 02, 2026
To: Mayor Powell and City Council
Presenting: Tony Black
Subject: Staff Report regarding Cooperative Signal Maintenance Agreement with City of Idaho
Falls
Consideration and approval of the Cooperative Signal Maintenance Agreement between City of
Ammon and City of Idaho Falls
Staff Recommendation
- Staff Recommends the City Council authorizes the Mayor to sign the agreement as presented to
provide Signal Maintenance for the City of Ammon
Summary of Analysis
1. Agreement has been reviewed by legal counsel, Mayor Powell and City Administrator Micah
Austin
2. This agreement will provide 24 hour emergency coverage, as well as yearly maintenance
3. Trained and qualified personnel to work on signal cabinets
4. Eliminating possible downtime for signals and traffic delays or collisions
Financial Impact
- Costs are justified to relieve potential catastrophic events
o 25% Stocking Fee for all parts
o Loaded Hourly Rate $121.93
o Loaded Hourly OT Rate $169.22
o See Attachment Exhibit B
Motion
I move to approve authorize the Mayor to sign the Cooperative Signal Maintenance Agreement
between City of Ammon and City of Idaho Falls as presented
Attachments:
1. Attached is the agreement for signature as well as exhibits showing costs
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council July 02, 2026 Page 28 of 60
COOPERATIVE AGREEMENT Page 1 of 8
IDAHO FALLS AND AMMON
COOPERATIVE SIGNAL MAINTENANCE AGREEMENT BETWEEN
CITY OF AMMON, IDAHO AND CITY OF IDAHO FALLS, IDAHO
THIS COOPERATIVE SIGNAL MAINTENANCE AGREEMENT BETWEEN AMMON, IDAHO
AND CITY OF IDAHO FALLS, IDAHO, (“Agreement”), is made and entered into this _____ day of
______________, 2026, by and between the City of Idaho Falls, Idaho, P.O. Box 50220, Idaho Falls,
Idaho 83405 (“IDAHO FALLS”), and City of Ammon, Idaho, a municipal corporation of the State of
Idaho, 2135 S. Ammon Road, Ammon, Idaho 83406 (“AMMON”).
W I T N E S S E T H:
WHEREAS, the maintenance and coordination of traffic signals within the communities
of IDAHO FALLS and AMMON is important to continued safe and efficient movement of
traffic; and
WHEREAS, the Parties agree that, maintaining and coordinating traffic signals in a
cooperative manner is a benefit to both Parties citizens; and
WHEREAS, the Parties wish to establish a cooperative relationship covering the
operation and maintenance of traffic signals in the City of Ammon, Idaho; and
WHEREAS, authority for this Agreement is established by Title 50, Chapter 3 of the
Idaho Code.
NOW, THEREFORE, it is hereby agreed as follows by the Parties:
I.
DUTIES AND RESPONSIBILITIES.
A. IDAHO FALLS agrees to:
1. Provide all the labor, materials, and equipment to maintain all traffic signals
within AMMON city limits, as identified in Exhibit “A”. Maintenance for the traffic
signals shall include:
a. service calls;
b. lamp replacement;
c. replacement of major components; and
d. miscellaneous parts and labor (which may include outside assistance when
needed).
2. Provide experienced personnel who are on call on a twenty-four-hour, seven-
days-a-week, three-hundred-and-sixty-five-day basis.
Ammon City Council July 02, 2026 Page 29 of 60
COOPERATIVE AGREEMENT Page 2 of 8
IDAHO FALLS AND AMMON
a. IDAHO FALLS will prioritize signals inside the City of Idaho Falls for
restoration. Subject to the foregoing clause, IDAHO FALLS shall respond to
AMMON traffic signal outages and safety-related failures in a timely manner
based on public safety conditions, available personnel, available equipment,
and regional signal priorities. IDAHO FALLS shall notify AMMON as soon
as reasonably practicable of any outage or repair condition that may materially
affect traffic safety or require extended restoration time.
3. Maintain a parts inventory sufficient to provide for both routine and emergency
traffic signal maintenance, and when conditions require remedial action, perform the
maintenance in a timely manner. When the traffic signal components are required to be
replaced for maintenance purposes, IDAHO FALLS standard inventory equipment shall
be used.
a. IDAHO FALLS will only maintain inventory for parts standard to the signals
used by IDAHO FALLS.
b. IDAHO FALLS will add its standard 25% to all materials for stocking and
handling fee. The 25% stocking and handling fee shall apply only to materials
and parts actually used in maintaining AMMON traffic signals. The stocking
and handling fee shall not apply to labor, equipment charges, administrative
overhead, outside contractor invoices, or capital improvement projects unless
separately approved in writing by AMMON.
4. Provide a preventive maintenance program to include re-lamping of AMMON
signalized intersections as needed and an annual inspection of each signalized
intersection, including conflict monitor testing. Copies of all inspections shall be
forwarded to AMMON.
5. Maintain and provide signal timing for all AMMON signalized intersections.
6. Bill AMMON quarterly for the costs associated with maintenance activities
pursuant to this Agreement. Billing is to include an itemization of the costs incurred
during the previous quarter, including administrative costs and overhead; labor
fringes/fully loaded labor costs; and equipment costs. IDAHO FALLS may perform
routine maintenance and emergency repairs as necessary to maintain safe signal
operations. Non-emergency repairs, replacements, or component purchases expected to
exceed $5,000 per intersection per occurrence shall require prior written approval from
AMMON. In an emergency affecting public safety, IDAHO FALLS may proceed
without prior approval but shall notify AMMON as soon as reasonably practicable and
provide supporting documentation with the quarterly billing.
7. Indemnify, save harmless and defend regardless of outcome AMMON from
expenses of and against suits, actions, claims, or losses of every kind, nature and
description, including costs, expenses and attorney fees that may be incurred by reason of
any act of omission, neglect or misconduct by IDAHO FALLS.
Ammon City Council July 02, 2026 Page 30 of 60
COOPERATIVE AGREEMENT Page 3 of 8
IDAHO FALLS AND AMMON
B. AMMON agrees to:
1. Retain the ownership of AMMON signal equipment, namely: vehicle and
pedestrian heads, controllers, poles and mast arms, and accessories (such as conflict
monitors, load switches, detection equipment, and cabinets.)
2. Allow IDAHO FALLS access to all AMMON equipment subject to this
Agreement at any time IDAHO FALLS, in its professional judgement, needed
maintenance or repair can be safely done.
3. Allow IDAHO FALLS remote network connectivity to traffic signals.
a. IDAHO FALLS will work with AMMON to identify the optimal
communication methods. Remote network connectivity to AMMON traffic
signals shall be coordinated with AMMON’S information technology and
security requirements. Access shall be limited to authorized IDAHO FALLS
personnel and approved vendors with a legitimate operational need. Neither
Party shall connect additional third-party systems, vendors, or external
services to AMMON traffic signal equipment or networks without the other
Party’s prior written approval. The Parties shall mutually agree upon
reasonable security controls, credential management, and communication
methods before remote access is implemented.
b. For traffic cabinets without existing communication, AMMON will work to
implement connectivity to all traffic cabinets as schedule and budget allows.
4. Upon receipt of each quarterly billing by IDAHO FALLS, pay for the costs
incurred for maintaining the traffic signals within twenty (20) days of receipt of such
billings.
5. Indemnify, save harmless and defend regardless of outcome IDAHO FALLS from
expenses of and against suits, actions, claims, losses of every kind, nature and
description, including costs, expenses and attorney fees that may be incurred by reason of
any act of omission, neglect or misconduct by AMMON.
C. Both Parties agree that:
1. This Agreement is to be reviewed periodically upon the request of either Party.
Parties acknowledge that changes in number of AMMON intersections covered by this
Agreement will require review and revision of this Agreement.
2. Upgrade or modification of any traffic signal located in AMMON identified in
Exhibit “A”, shall be mutually agreed upon by both parties prior to any such upgrade or
modification.
3. Parties agree to meet at least annually in April to coordinate and discuss
scheduled maintenance activities and capital improvement recommendations.
Ammon City Council July 02, 2026 Page 31 of 60
COOPERATIVE AGREEMENT Page 4 of 8
IDAHO FALLS AND AMMON
4. Either Party shall have the right to terminate this Agreement by providing six
months’ prior notice to the other Party.
II.
LEGAL RELATIONS AND RESPONSIBILITIES.
A. Nothing in this Agreement is intended to affect the legal liability of either Party to this
Agreement by imposing any standard of care respecting the maintenance of state highway
system traffic signals that is different from the standard of care imposed by law.
B. There is not hereby created any separate legal or administrative entity, as might be
provided by Idaho Code, including partnership or joint powers. There shall be no joint or
cooperative acquiring, holding, or disposing of real or personal property. Party hereto shall be
responsible for administering and financing its separate obligations under this Agreement.
C. It is agreed that this Agreement shall be construed under and governed by the laws of the
State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the
District Court of the Seventh Judicial District of the State of Idaho, in and for the County of
Bonneville.
D. Parties shall not discriminate against any employee or applicant for employment on the
basis of race, color, religion, creed, political ideals, sex, age, marital status, physical or mental
handicap, gender identity/expression, sexual orientation, veteran’s status, or national origin.
E. This Agreement contains the entire agreement between the Parties concerning the subject
matter of this Agreement, and no statements, promises, or inducements made by either Party, or
agents of either Party, are valid or binding unless contained herein. This Agreement may not be
enlarged, modified, or altered except upon written agreement signed by the Parties
hereto. IDAHO FALLS may not subcontract or assign IDAHO FALLS’s rights (including the
right to compensation) or duties arising hereunder without the prior written consent and express
authorization of AMMON. Any such subcontractor or assignee shall be bound by all of the
terms and conditions of this Agreement as if named specifically herein.
F. This Agreement is contingent upon each Party receiving the necessary funding to cover
the respective obligations of each Party. In the event that adequate funding for a Party is not
received or appropriated to fulfill that Party’s obligations under this Agreement, then, and in that
event, that Party’s obligations under this Agreement shall cease and each Party shall be released
from further performance under this Agreement without any liability to the other Party, and
Idaho Falls shall be entitled to receive just and equitable compensation for any work
satisfactorily completed hereunder.
IN WITNESS WHEREOF, IDAHO FALLS and AMMON have caused this Agreement to be
entered into on the day and year first above written.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
dates indicated below.
Ammon City Council July 02, 2026 Page 32 of 60
COOPERATIVE AGREEMENT Page 5 of 8
IDAHO FALLS AND AMMON
By____________________________
Lisa Burtenshaw, Mayor
City of Idaho Falls, Idaho
STATE OF IDAHO )
) ss.
County of Bonneville )
On this _________day of ______________________, 2026, before me, the undersigned, a
notary public for Idaho, personally appeared Lisa Burtenshaw, known to me to be the Mayor of the
City of Idaho Falls, Idaho, the municipal corporation that executed the foregoing document, and
acknowledged to me that they are authorized to execute the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
___________________________________
Notary Public of Idaho
(Seal) Residing at: ________________________
My Commission Expires:______________
Ammon City Council July 02, 2026 Page 33 of 60
COOPERATIVE AGREEMENT Page 6 of 8
IDAHO FALLS AND AMMON
By____________________________
Brian Powell, Mayor
City of Ammon, Idaho
STATE OF IDAHO )
) ss.
County of Bonneville )
On this _________day of ______________________, 2026, before me, the undersigned, a
notary public for Idaho, personally appeared Brian Powell, known to me to be the Mayor of the
City of Ammon, Idaho, the municipal corporation that executed the foregoing document, and
acknowledged to me that they are authorized to execute the same for and on behalf of said
City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
___________________________________
Notary Public of Idaho
(Seal) Residing at: ________________________
My Commission Expires:______________
Ammon City Council July 02, 2026 Page 34 of 60
COOPERATIVE AGREEMENT Page 7 of 8
IDAHO FALLS AND AMMON
EXHIBIT “A”
City of Ammon Intersections
East Sunnyside Road and Eagle Drive
East Sunnyside Road and Stonehaven Drive (HAWK signal)
East Sunnyside Road and Ammon Road
East 17th Street and Curlew Drive
East 17th Street and Ammon Road
Ammon City Council July 02, 2026 Page 35 of 60
COOPERATIVE AGREEMENT Page 8 of 8
IDAHO FALLS AND AMMON
EXHIBIT “B”
City of Idaho Falls Labor Rates, Equipment Prices, for FY 2026 to be modified at the
annual meeting in April each fiscal year and referenced via this agreement for subsequent
years.
Effective 12/26/2025 - REVISED
Traffic
Rate
Regular
Hourly Rate $50.64
Fringe Factor 58.00%
Overhead Factor ***82.78%
Loaded Hourly Rate $121.93
Overtime
Hourly Rate $75.96
Fringe Factor 40.00%
Overhead Factor ***82.78%
Loaded Hourly O.T. Rate $169.22
Material 25.00%
Idaho Falls Power
Ammon City Council July 02, 2026 Page 36 of 60
Date: July 2, 2026
To: Mayor Powell and City Council
Presenting: Cindy Donovan – Planning Director
Subject: Staff Report regarding the request to extend the Fox Trot Commons Conditional Rezone
Agreement that expires on July 1, 2026
Fox Trot Commons Conditional Rezone Agreement Amendment
Staff Recommendation
- Staff recommends approval of a one year extension of the Conditional Rezone Agreement based
upon the following staff report.
Compliance
- This application is in compliance with Title 10 Chapter 40 Development Agreements.
Criteria for Decision
1. 10-40-2 2. Conditional Rezone Agreement (CRA). “...Pursuant to Idaho Code Section 67-6511,
the City Council may require a Conditional Rezone Agreement as a condition of rezoning any
property. … A Conditional Rezone Agreement is a contract between the City of Ammon and the
owner or developer of a property within the City of Ammon. Failure of the developer or land
owner to comply with the terms of the Conditional Rezone Agreement will result in immediate
revocation of the rezone and in the issuance of stop orders for the development and in the
immediate prohibition in the issuance of any additional building permits or certificates of
occupancy. Notice is required for all Conditional Rezone Agreements, pursuant to Idaho Code
67-6511A.”
Summary of Analysis
1. Fox Trot Commons Conditional Rezone Agreement rezoned the subject property from GC-1
General Commercial Zone to Multi Use Zone.
2. Fox Trot Commons Conditional Rezone Agreement has an effective date of July 1, 2021 and
includes verbiage in Paragraph 3 and Paragraph 6 stating the property will revert back to GC-1 if
no building permit is pulled within 5 years.
3. On April 4, 2024 the Standard Development Agreement with Summit Ridge Homes LLC for the
Blackrock Subdivision was approved.
4. No building permits have been issued but there is interest in developing the property in the next
year. An extension of the Conditional Rezone Agreement would allow the property to be
developed with uses allowed in the Multi-Use Zone.
5. The current master plan has 76 residential apartment units and 21,000 square feet of
commercial space.
6. Conditional Rezone Agreement contains the same Development Contributions and Special
Conditions as the Development Agreement with the exception of the Law Enforcement
Contribution Fee. See attached
Parcel Characteristics
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council July 02, 2026 Page 37 of 60
- General Location: north of Gray Fox Lane, east of South Curlew Drive, south and west of John
Adams Parkway
- Lot Size: 5.969 acres
- Zoning: MU
Applicant’s Request
- Approval of a one year extension of the Fox Trot Commons Conditional Rezone Agreement
- Presented by Kemish Hendershot, Alpine Grove Senior Living
Notice of Hearing
- This public hearing was noticed as public hearing #2026-009
- Notice was published in the Post Register on Friday, May 29, 2026
- Notice was mailed to 10 property owners and 20 public entities on Wednesday, May 27, 2026
- Property was posted on Monday, June 8, 2026
- Public comment: received two letters in favor of extending the agreement
Planning and Zoning Commission
- Public hearing #2026-009 was held before the Commission on June 17, 2026
- Testimony was presented by the applicant, there was no additional testimony
- The Commission recommended approval unanimously
- The following Reasoned Statement is based upon the Commission’s deliberations:
● Compliant with City Code Title 10 Chapter 40
● MU zone is a good transition zone to the residential neighborhood to the east
● Preserves the commercial use of the property
Motion Based on Staff Recommendation
I move to approve the amendment to the Fox Trot Commons Conditional Rezone Agreement to
extend the expiration date of the rezone to July 1, 2027 (if applicable, state any conditions for
recommending approval).
Attachments:
1. Vicinity Map
2. Planning and Zoning Commission Reasoned Statement
3. Fox Trot Commons Conditional Rezone Agreement
4. Letter of Request from Alpine Grove Senior Living
5. Written testimony
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2 Ammon City Council July 02, 2026 Page 38 of 60
Public Hearings #2026-009 and #2026-010 – Vicinity Map
Fox Trot Commons Conditional Rezone Agreement
Amendment (#2026-009)
Blackrock Master Plan Amendment (#2026-010)
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ALPINE GROVE
S E N I O R L I V I N G OF A M M O N
Ammon, Idaho | (208) 250-2488 | info@alpinegroveliving.com | alpinegroveliving.com
Alpine Grove Senior Living of Ammon Confidential Page 1
A P P E N D I X B
Project Description Summary
Conditional Rezone Agreement — One-Year Extension Request
Alpine Grove Senior Living of Ammon respectfully requests a one-year extension of the
existing Multi-Use Conditional Use zoning designation applicable to the subject property
located within the City of Ammon, Idaho. All terms and conditions of the original
Development Agreement shall remain in full force and effect. This request seeks only to
extend the approval period.
Phase 1 — Assisted Living Community
Phase 1 consists of a purpose-built, single-story assisted living community licensed for 44
private-pay beds. The facility will offer personalized care services in a residential setting,
with private and companion suites, a commercial kitchen, common dining and activity
areas, and secured outdoor walking paths. The design emphasizes natural light, residential
architectural character, and a non-institutional environment consistent with the
surrounding community. Phase 1 is the primary development component and will be
constructed and stabilized prior to any Phase 2 activity.
Phase 2 — Independent Living
Phase 2 provides a complementary independent living component consisting of detached
residential 2- and 4-plex cottage-style buildings. These units are intended for active seniors
seeking a maintenance-free lifestyle near the assisted living community, enabling a natural
continuum of care on a single campus. Phase 2 density, building placement, and site
improvements will conform to the approved conditional use parameters and applicable City
of Ammon development standards.
The developer remains committed to the project vision and the approved development framework. This extension request
is submitted to preserve entitlements while final construction financing and permitting are completed.
Ammon City Council July 02, 2026 Page 50 of 60
June 10, 2026
After speaking with Heather in Zoning and Planning, I wanted to write in support of the
effort to retain the multi-use zoning for the section of land on John Adams near Curlew.
Heather said the zoning will revert back to commercial use only if this measure isn't
passed. She also told me the master plan is to be updated for an assisted living center
with some individual cottages.
I live near this property, and my hope is that an assisted living center would generate
less traffic than another set of apartments or a commercial business.
Thank you,
Dawn Marlowe
800 Katie Court
Ammon, ID 83406
Ammon City Council July 02, 2026 Page 51 of 60
June 11, 2026
I want to agree with retaining the zoning that would allow an assisted living with cottages
facility.
JoAnn Randall, neighbor
811 Katie Court
Ammon, ID 83406
Ammon City Council July 02, 2026 Page 52 of 60
Date: July 2, 2026
To: Mayor Powell and City Council
Presenting: Cindy Donovan – Planning Director
Subject: Staff Report regarding a request to amend the Blackrock Master Plan to allow for a
residential care facility
Blackrock Master Plan Amendment
Staff Recommendation
- Staff recommends approval of the Blackrock Master Plan amendment with the following
consideration based upon the following staff report.
o The maximum number of independent living units should be considered with the
recommendation.
Compliance
- This application is in compliance with Comprehensive Plan, City Ordinance Title 10 Chapter 35
Multi-Use Zone, and 10-37-1(A) Permitted Uses by Zone.
Criteria for Decision
1. Title 10, Chapter 35 – Multi-Use Zone
2. Title 10, Chapter 37, Section 1 (A) – Permitted Uses by Zone
Summary of Analysis
1. The current master plan has 76 residential apartment units and 21,000 square feet of
commercial space.
2. This master plan amendment is requesting an Assisted Living Center and independent living
units to the south. The independent living units would be rented and managed by the Assisted
Living Center to provide transitional housing. The entire facility would be on one lot.
3. Title 10 Chapter 2 defines Assisted Living Center as follows: A building for the care and keeping
of elderly, ill, physically or mentally disabled people.
4. State Statute 39-3301 defines Residential Care Facilities and Assisted Living Centers as follows:
“Residential care or assisted living facility” means a facility or residence, however named,
operated on either a profit or nonprofit basis for the purpose of providing necessary supervision,
personal assistance, meals and lodging to three (3) or more adults not related to the owner.
5. Residential Care Facilities are permitted in the Multi-Use (MU) zone when included in the Master
Plan.
6. A Residential Care Facility is not permitted in the GC-1 zone.
Parcel Characteristics
- General Location: north of Gray Fox Lane, east of South Curlew Drive, south and west of John
Adams Parkway
- Lot Size: 5.969 acres
- Zoning: MU
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council July 02, 2026 Page 53 of 60
Applicant’s Request
- Approval of the Blackrock Master Plan amendment
- Presented by Kemish Hendershot, Alpine Grove Senior Living
Notice of Hearing
- This public hearing was noticed as public hearing #2026-010
- Notice was published in the Post Register on Friday, May 29, 2026
- Notice was mailed to 10 property owners and 20 public entities on Wednesday, May 27, 2026
- Property was posted on Monday, June 8, 2026
- Public comment: written testimony included with Public Hearing #2026-009
Planning and Zoning Commission
- Public hearing #2026-010 was held before the Commission on June 17, 2026
- Testimony was presented by the applicant, there was no additional testimony
- The Commission recommended approval unanimously
- The following Reasoned Statement is based upon the Commission’s deliberations:
● Good transition from the commercial property to the west and neighborhood to the east
● Good use with proximity to the school
● Assisted Living and Independent Living are an important and beneficial addition to the
City of Ammon
● Lower density use than the previous master plan
Motion Based on Staff Recommendation
I move to approve the Blackrock Master Plan, finding it is in compliance with the Comprehensive
Plan and meets the City Ordinance (if applicable, state any conditions for recommending
approval).
Attachments:
1. Vicinity Map
2. Planning and Zoning Commission Reasoned Statement
3. Blackrock Master Plan Amendment
4. Blackrock Master Plan
5. Blackrock Subdivision Plat
6. 10-37-1(A) Permitted Uses by Zone
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2 Ammon City Council July 02, 2026 Page 54 of 60
Public Hearings #2026-009 and #2026-010 – Vicinity Map
Fox Trot Commons Conditional Rezone Agreement
Amendment (#2026-009)
Blackrock Master Plan Amendment (#2026-010)
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10-5-26 COMMERCIAL AND RESIDENTIAL USES
USE RE RP RP-A R-1 R-1A R-2 R-2A R-3 R-3A RMH PSC Multi Use LC/PB PB C-1 HC-1 CC-1 GC-1 M-1 I &M-1 I & M-2
Dwelling, Single Family P P P P P P P P P P P
Dwelling, Multi Family P P P M
Group Homes P P P P P P P P P P P
Residential Care Facility P P P P M
Short-term rentals P P P P P P P P P P P
Agriculture, Commercial P P P P P P P
Agriculture, Urban P P P P P P P P P P P P P P P P P P P P P
Assembly/Light Manufacturing Facility P P P P P P P
Car Wash M P P P P P P P
Childcare Facility P P P P P P P P P P P P P P P P P P P P
Communications Facility P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P P P P P P P P P P
Contractor Shop P P P P10 P10 P10 P10
Drive-through Facility P P P P P P P P P P
Equestrian Facility P P P P P P P
Financial Institutions P P P P P P P P P P
Food Service P P P P P P P P P P
Golf Course M P P P P P P P P
Health and Fitness Facility P P P P6 P6 P6 P6 P6 P6
Home Occupation P P P P P P P P P P P
Hotel/Motel M P P P P P P P
Kennel, Commercial Boarding M C C C P P P P P P
Lodging/Boarding House M P P P P
Manufacturing P P P
Motor Vehicle Repair C P P9 P9 P9 P9
Motor Vehicle Sales P P P P P P
Motor Vehicle Service M C P P9 P9 P9 P9
Office, Business P P P P P P P P P P
Outdoor Entertainment M P P P P P P P
Parking Facility, Off-Site M P P P P P P P P P
Professional Services M P P P P8 P8 P8 P8 P8 P8
Private EV Charging Station P P P P P P P P P P P P P P P P P P P P P
Public EV Charging Station P P P P P P P P P P P
Recreational Facility M P P P P P P
Restaurants less than 30 seats, no beer/wine/alcohol service permitted P P P P P P P P P
Restaurants - max of 5000 sq ft, Beer/Wine allowed by use, Liquor allowed
pursuant to HC-1 Requirements P P P P P P P
Restaurants - over 5000 sq ft, Beer/Wine/Alcohol allowed by use pursuant to HC-1 Requirements M P P P P P P
Retail store - Small scale (max of 5000 sq feet) P P P P P P P P P
Retail store - Large scale (over 5000 sq feet)M P P P P P P P
Self-Service Storage Facility P P P
Service Industry P P P P P P P P P P
Sexually Oriented Business/Adult Business P P
Service Station P P4 P5 P5 P5 P5 P5 P5
Studio Commercial P P P P P P P P P P
Transportation Facility M P P P P P P
Television and Radio Broadcasting Station M P P P P P P P
Wholesale P P P P
Assembly, Place of C C C C C C C C C C C P P P P P P P P P P
Cemetery C C C C C C C C C C C C P P P P P P P P
Cultural Facility M P P P P P P P P P
Government P P P P P P P P P P P P P P P P P P P P P
Hospital C C C C C C C C C C M C C P P P P P P P
Medical Care Facility P P P P P7 P7 P7 P7 P7 P7
Parking Facility, Off-Site M P P P P P
Performing Arts Production M P P P P P P P
Public Use C C C C C C C C C C C M C P P P P P P P
Semi-Public Use C P P P P P P P
PERMITTED IN DESIGNATED ZONE P
NOT PERMITTED IN DESIGNATED ZONE
PERMITTED WHEN APPROVED ON MASTER PLAN IN MIXED USE ZONE
(ORIGINAL OR AMENDED)M
CONDITIONAL USE PERMIT C
Notes to Commercial and Residential Chart
P1 REPEALED
P2 REPEALED
P3 Allowed for Amateur Radio Operators
P4 Service Station - no more than twelve (12) vehicles simultaneously
P5 Super Service Station - thirteen (13) or more vehicles simultaneously
P6 Health & Fitness Facility over 5,000 square feet
P7 Medical Care Facility over 5,000 square feet
P8 Professional Services over 5,000 square feet
P9 Major Motor Vehicle Repairs - emit odors, noise
P10 Major Repair Shops - emit odors, noise 11/20/2025
10-37-1 (A) PERMITTED USES BY ZONE
RESIDENTIALCOMMERCIALPUBLIC & INSTITUTIONALAmmon City Council July 02, 2026 Page 60 of 60