11.21.2019CouncilAgenda (packet)
AMMON CITY COUNCIL MEETING
THURSDAY, NOVEMBER 21, 2019 7:00 P.M.
2135 SOUTH AMMON ROAD
AGENDA
A.CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m.
Pledge of Allegiance Councilmember Wiscombe
Prayer Councilmember Wessel
B.PROCLAMATIONS AND ANNOUNCEMENTS
C.CONSENT AGENDA:
1.Accounts Payable Report: Exhibit A
2.Minutes:
i.October 10, 2019 Regular Meeting (continued from November 7, 2019 meeting)
ii.November 7, 2019 Regular Meeting
iii.November 14, 2019 Work Session
3.Contract for Services with Idaho Falls Senior Center to deliver Meals on Wheels to
Ammon Residents
4.Canvassing of City of Ammon Election Results from November 5, 2019 Election
D.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit):
E.PUBLIC HEARINGS: None.
F.ACTION ITEMS:
st
1.Contract for Services with Horrocks Engineers for Design of 1 Street (Tracy Bono, City
Engineer/Public Works Director)
2.Resolution 2019-018R- Interdepartmental agreement between General Fund and Fiber
Fund (Bruce Patterson, ĻĭŷƓƚƌƚŭǤ 5źƩĻĭƷƚƩ)
3.Ordinance 629 and Summary: Formation of Fiber Optic LID #4 (Bruce Patterson,
Technology Director)
4.Annexation Agreement with Riverbend Management for 10 Acres annexed into the City
by Ordinance 627 (Cindy Donovan, tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ 5źƩĻĭƷƚƩ)
5.Preliminary Plat for The Villas Division #4 (Cindy Donovan, tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ
5źƩĻĭƷƚƩ)
6.Ordinance 630: Annexation of Marlene Street parcel located at 3665 Marlene Street
(Cindy Donovan, tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ 5źƩĻĭƷƚƩ)
7.Development Agreement and Final Plat for Deer Valley Subdivision located between
Olsen Park and Ammon Road (Cindy Donovan, tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ 5źƩĻĭƷƚƩ)
G.DISCUSSION ITEMS:
1.Staff Reports
2.City Council Reports
3.
H.EXECUTIVE SESSION:
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1.Personnel Evaluations - Idaho Code 74-206 (1) (b)
2.Real Property Acquisition Idaho Code 74-206 (1) (c)
3.Pending Litigation Idaho Code 74-206 (1) (f)
I.ACTION ITEM
st
1.Acquisition of Real Property for the purposes of acquiring public right-of-way on 1
Street.
2.Acquisition of Real Property for the purposes of dedicating areas for storm water
retention
3.
J.ADJOURN
Next Resolution Number: 2019-019R
Next Ordinance Number: 631
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/źƷǤ /ƚǒƓĭźƌ aźƓǒƷĻƭ ЊЉ͵ЊЉ͵ЊВ tğŭĻ Ќ ƚŅ Ќ
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City Council Minutes 11.07.19 Page Њ of ЊЉ
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Proclamation Designation November 30, 2019
Small Business Saturday in Ammon, Idaho
Whereas, the government of Ammon, Idaho, celebrates our local small businesses and the contribution
they make to our local economy and community; according to the United States Small Business
Administration, there are 30.7 million small businesses in the United States, they represent 99.7 percent
of all firms with paid employees in the United States, are responsible for 64.9 percent of net new jobs
created from 2000 to 2018; and
Whereas, small businesses employ 47.3 percent of the employees in the private sector in the United
States; and
Whereas, 94% of consumers in the United States value the contributions small businesses make in
their community; and
Whereas, 96% of consumers who plan to shop on Small Business Saturday® said the day inspires them
to go
would not have otherwise tried; and
Whereas, 92% of companies planning promotions on Small Business Saturday said the day helps their
business stand out during the busy holiday shopping season; and
Whereas, 59% of small business owners said Small Business Saturday contributes significantly to their
holiday sales each year; and
Whereas, CITY, STATE supports our local businesses that create jobs, boost our local economy and
preserve our communities; and
Whereas, advocacy groups, as well as public and private organizations, across the country have
endorsed the Saturday after Thanksgiving as Small Business Saturday.
Now, therefore, I, Sean Coletti, Mayor of Ammon, Idaho do hereby proclaim, November 30, 2019, as:
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SMALL BUSINESS SATURDAY
And urge the residents of our community, and communities across the country, to support small
businesses and merchants on Small Business Saturday and throughout the year.
Whereas, the government of Ammon, Idaho, celebrates our local small businesses and the
contributions they make to our local economy and community; according to the United States Small
Business Administration, there are 30.7 million small businesses in the United States, they represent
99.7 percent of all firms with paid employees in the United States, are responsible for 64.9 percent of
net new jobs created from 2000 to 2018; and
Whereas, small businesses employ 47.3 percent of the employees in the private sector in the United
States; and
Whereas, 94% of consumers in the United States value the contributions small businesses make in
their community; and
Whereas, 96% of consumers who plan to shop on Small Business Saturday® said the day inspires them
to go to small
would not have otherwise tried; and
Whereas, 92% of companies planning promotions on Small Business Saturday said the day helps their
business stand out during the busy holiday shopping season; and
Whereas, 59% of small business owners said Small Business Saturday contributes significantly to their
holiday sales each year; and
Whereas, CITY, STATE supports our local businesses that create jobs, boost our local economy and
preserve our communities; and
Whereas, advocacy groups, as well as public and private organizations, across the country have
endorsed the Saturday after Thanksgiving as Small Business Saturday.
Now, therefore, I, Sean Coletti, Mayor of Ammon, Idaho do hereby proclaim, November 30, 2019, as:
SMALL BUSINESS SATURDAY
And urge the residents of our community, and communities across the country, to support small
businesses and merchants on Small Business Saturday and throughout the year.
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AN ORDINANCE AMENDING A PORTION OF TITLE 10, PLANNING AND
ZONING, CHAPTER 21 HC-1, HIGHWAY COMMERCIAL, OF THE CITY OF AMMON, PROVIDING
FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO
THAT:
Section 1:Title 10, Chapter 21 HC-1
Title 10, Chapter21 HC-1 HIGHWAY COMMERCIAL, a new Section2-B, Use Requirements, of the
City Code of Ammon, shall be adopted to read as follows:
10-21-2: USE REQUIREMENTS: SEE 10-37-1
(A) Restaurants Serving Liquor: To serve liquor by the drink, and beer and wine by the drink,
at retail upon premises as a secondary use only wherein the primary operation of the
premises isas a restaurant/café in the business of preparing, serving and dispensing
food and beverages wherein such premises do not have an age restriction imposed by
any chapter within Title 23 of the Idaho State Code. Secondary use as used in this
Chapter shall mean: The sale of liquor shall be second in sales when compared to food
sales. Secondary use shall also mean at minimum liquor sales shall not exceed forty
(40) percent of total sales in said establishment. Upon request of the City Council, an
establishmentshall provide to the Planning Director a detail of total sales and
comparisons by category. Sales should be substantiated by computer generated
reports obtained by a cash register or other electronic device used for tracking sales in
an establishment.
(B) Beer and Wine Café: To serve beer and wine by the drink, at retail upon premises or as
carry-out in an establishment, with an age limit of 21 years of age or older, with little or
no food service, provided the following conditions are met: 1) Shall be located in a multitenant
structure where at least one restaurant is operating at the time of business license
application for the Beer and Wine Cafe; 2) Hours of operation shall be limited to 9:00
a.m.-11:00 p.m.; 3) Shall allow food to be brought in from local restaurants; 4) Shall not
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be issued a liquor license; and 5) Shall operate in compliance with regulations within
Title 23 of the Idaho State Code.
Section 2: Repeal of Conflicting Provisions.
All provisions of the current Code or ordinances of the City of Ammon which conflict with the
provisions of this ordinance are hereby repealed to the extent of such conflict.
Section 3:Severability.
This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared
invalid bya court of competent jurisdiction, the remaining provisions shall continue in full force and
effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial
invalidity.
.
The meeting adjourned at 10:20 p.m.
The Executive Session adjourned at 10: 35 p.m.
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__________________________________
Sean Coletti, Mayor
_____________________________
Jennifer Belfield, Acting City Clerk
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ORDINANCE NO. 627
Councilmember Powell read: AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE
CITYOF AMMON, ONNEVILLE COUNTY, IDAHO; DESCRIBING WITHPARTICULARITY SAID LANDS
TO BE ANNEXED AND ZONED AND HEREBY ANNEX AND ZONE ANDDECLARING SAID LANDS A
PART OFTHE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMININGTHE PROPER
ZONING FOR CLASSIFICATION OF THE ANNEXED LANDSAND TERRITORY UNDER THE ZONING
ORDINANCE OF THE CITY OFAMMON, IDAHO; PROVIDINGFOR AN EFFECTIVE DATE FOR
THISORDINANCE AND OF THE ANNEXATION OF SAID LANDS.
ORDINANCE NO. 628
Councilmember Powell read: AN ORDINANCE AMENDING A PORTION OF TITLE 10, PLANNING AND
ZONING, CHAPTER21 HC-1, HIGHWAY COMMERCIAL, OF THE CITY OF AMMON, PROVIDING FOR
SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
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The meeting adjourned at 6:27p.m.
The Executive Session adjourned at p.m.
__________________________________
Sean Coletti, Mayor
_____________________________
Jennifer Belfield, Acting City Clerk
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CONTRACT FOR SERVICES
(City of Ammon and Idaho Falls Senior Center)
___ day of
November, 2019, by and between the CITY OF AMMON, an Idaho municipal corporation
AmmonIdaho Falls Senior Center, an Idaho non-profit
IFSC
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.IFSC 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 IFSC 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 IFSC to provide health and welfare services that will
improve the lives of individuals living within Ammon city limits;
E.The parties acknowledge and agree that all funds paid to IFSC 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 IFSC, 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 IFSC $1,500 to Idaho Falls Senior Center to operate a Meals on Wheels
service within the City of Ammon for the term set forth in section 2 herein. Subject to
the terms and conditions set forth herein, Ammon shall make payments one lump sum
payment on or before September 30, 2020.
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 from
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October 1, 2019, until September 30, 2020.
3.Scope of Services. IFSC shall provide the following services:
a.Home Delivered Meals (Meals on Wheels)
i.IFSC will deliver approximately 6,000 Meals on Wheels meals to Ammon
residents during calendar year 2020 or $2.25 per meal up to the amount
listed in Section 1.
4.Budget, IRS Filings, Annual Work Plan, Monthly Record Keeping and Availability of
Records.
a.Budget. Upon request from the City of Ammon, IFSC shall submit a 2016 Year-
to-Date P&L and Balance Sheet for IFSC, which is satisfactory to Ammon showing
income, expenses and particular fund balances. IFSC shall submit its current
Operating Budget to Ammon when such budget has been approved by the IFSC
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, IFSC 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, IFSC 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 IFSC 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 IFSC
the City shall be entitled to inspect and audit all books and records of IFSC 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, IFSC 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, IFSC 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. IFSC 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
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expiration or termination of this Agreement. Ammon, at its own expense, may
review or audit the financial transactions undertaken by IFSC under this
Agreement to ensure compliance with the terms and conditions herein with
reasonable prior notice and during the normal business hours of IFSC.
5.Payments. To receive payments for the services described in Section 3 of this
Agreement, IFSC 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, IFSC shall maintain
accurate 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 IFSC 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 IFSC 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
Idaho Falls Senior Center
st
535 W 21 Street
Idaho Falls, ID 83402
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
IFSC 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, IFSC 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.
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c.Independent Contractor. Ammon and IFSC hereby agree that the IFSC 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. IFSC, 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. IFSC
shall be solely responsible for the payment of all payroll and withholding taxes
for amounts paid to IFSC under this Agreement and for IFSC
performed in performance of this Agreement by IFSC, its agents and employees;
and IFSC 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.
d.Compliance With Laws/Public Records. IFSC acknowledges that Ammon is a
public agency subject to the Idaho Public Records Act. IFSC 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 IFSC,
in whole or in part, without the prior written consent of Ammon.
f.Hold Harmless Agreement. IFSC 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 IFSC.
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.
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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.. 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
o.Conflict of Interest. No officer or director of IFSC who has decision making
authority either by them self or by vote, and no immediate family member of
such individual, shall have a direct pecuniary interest in any contract or
subcontract for work to be performed in connection with this Agreement. IFSC
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 Idaho Falls Senior Center
_______________________ _______________________________________
Sean J. Coletti, Mayor ___________________, Director
ATTEST: ______________________________
Jennifer Belfield, Interim City Clerk
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Ammon City Council
November 21, 2019
Mayor Coletti and City Councilmembers:
Approval of Resolution 2019-18R
Interdepartmental agreement between General Fund and Fiber Optic Fund
Staff Presenting:
Brue Patterson, Technology Director
Recommendation
-Staff recommends approval of Resolution 2019-018R.
Summary of Analysis
1.Resolution 2019-018R publically establishes the formal terms for a $500,000 transfer from the
General fund to the Fiber Optic fund.
2.These funds will be used to create a reserve for the Fiber Optic utility.
3.This reserve is needed to help the utility reach operational scale and fund infrastructure
extensions into new developments.
4.These funds shall be paid back to the General fund by the Fiber Optic utility.
5.The Fiber Optic utility will pay a percentage of every connect fee collected back to the General
fund until the amount of $500,000 is returned.
Financial Impact
-This transfer will decrease the cash amount in the General fund by $500,000 and increase the
cash amount in the Fiber Optic fund by $500,000.
-The Fiber Optic utility will expend this reserve as required.
Motion
prove Resolution 2019-018R, thereby transferring $500,000 from the general fund to the
fiber optic fund under the terms outlined in the resolution
Attachments:
1.Resolution 2019-018R.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.ci.ammon.id.us Page | 1
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Ammon City Council
November 21, 2019
Mayor Coletti and City Councilmembers:
Approval of Ordinance 629
Creation of Fiber Optic Local Improvement District #4
Staff Presenting:
Brue Patterson, Technology Director
Recommendation
-Staff recommends approval of Ordinance 629.
Summary of Analysis
1.LID #4 will pass 634 eligible properties.
2.Just under 200 properties have already submitted LID paperwork.
3.A 30% demand is already shown, which is higher than any previous LID.
Financial Impact
-Fiber Optic LID #4 will request an interim warrant (construction loan) from the City.
-The long term bond acquired once construction is complete will pay the construction costs back
to the City at project completion.
Motion
prove Ordinance 629, thereby creating Fiber Optic Local Improvement District #4
Attachments:
1.Ordinance 629 and Summary.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.ci.ammon.id.us Page | 1
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45th East
17th Street
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21st South
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17th
Property Location
Greenfield
Marlene
San Carlos
Brookfield
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