09.17.2020CouncilPacket
AMMON CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 17, 2020 7:00 P.M.
2135 SOUTH AMMON ROAD
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AGENDA
A.CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m.
Pledge of Allegiance Council Member Slack
Prayer Council Member Tibbitts
B.CONSENT AGENDA:
1.Accounts Payable Report: Exhibit A
2.Minutes:
i.September 3, 2020 Regular Meeting
ii.September 10, 2020 Work Session
C.PROCLAMATIONS AND ANNOUNCEMENTS
D.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit)
E.ACTION ITEMS:
1.Contract for Services Imagine Idaho Action (Bruce Patterson, Technology Director)
2.Comprehensive Plan Land Use Map Amendment - 1st Street Harding Area (Cindy Donovan, City Planner)
F.PUBLIC HEARINGS:
1.2020-020: Guardian Homes 1st Street Subdivision Annexation
G.ACTION ITEMS:
3.Comprehensive Plan Land Use Map Amendment - County and City Areas (Cindy Donovan, City Planner)
4.Zone Change - Village Green Corner of Trailwood and Chasewood (Cindy Donovan, City Planner)
5.Final Plat Stosich, Formerly South Commercial Property (Cindy Donovan, City Planner)
st
6.Final Plat - Kartchner 1 Street Community Division Three (Cindy Donovan, City Planner)
7.Approval/Rejection of Ammon Road Sewer Bid (Tracy Bono, City Engineer)
8.Approval/Rejection of Well 13 Bid (Tracy Bono, City Engineer)
H.DISCUSSION ITEMS:
1.Staff Items
i.Resolution 2020-011R City Fee Schedule Update (Micah Austin, City Administrator)
2.City Council Items
3.Items
I.ADJOURN
Ammon City Council 09/15/2020Page 1 of 96
AMMON CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 3, 2020 7:00 P.M.
2135 SOUTH AMMON ROAD
AGENDA
A.CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m.
Pledge of Allegiance Council Member Tibbitts
Prayer Council Member Wheeler
B.CONSENT AGENDA:
1.Accounts Payable Report: Exhibit A
2.Minutes:
i.August 15, 2019, Regular Meeting (edited)
ii.August 20, 2020, Regular Meeting
C.PROCLAMATIONS AND ANNOUNCEMENTS
D.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit)
AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD)
E.ACTION ITEMS:
1.Ordinance 643 Ammon Lighting Districts No. 1 through No. 10 Annual Appropriations FY20-21 (Jennifer Belfield, Finance Director)
F.PUBLIC HEARINGS:
1.2020-030: Updated Annual Appropriations 2020-2021 (Fiscal Year 2021)
G.ACTION ITEMS:
1.Ordinance 644 Fiscal Year 2020-2021 Annual Appropriation (Jennifer Belfield, Finance Director)
2.Findings of Fact, Conclusions of Law, and Decision Rocking R Subdivision (Cindy Donovan, City Planner)
3.Ordinance 642 and Summary Annexation of Rocking R Subdivision (Cindy Donovan, City Planner)
4.Annexation Agreement Rocking R Subdivision (Cindy Donovan, City Planner)
5.Approval/Rejection of Woodland Hills Playground Bid (Micah Austin, City Administrator)
H.DISCUSSION ITEMS:
1.Staff Items
2.City Council Items
3.Items
I.ADJOURN
MINUTES
City Officials Present: Mayor Sean Coletti
Council President Russell Slack
Councilmember Rex Thompson
Councilmember Scott Wessel
Councilmember Craig Tibbitts
Councilmember Byron Wiscombe
Councilmember Josh Wheeler
City Attorney Weston Davis
City Administrator Micah Austin
City Planner Cindy Donovan
City Finance Director Jennifer Belfield
City Engineer Tracy Bono (via Zoom)
City Clerk Kristina Buchan
Ammon City Council 09/15/2020Page 2 of 96
A.CALL TO ORDER: Mayor Sean Coletti opened the meeting at 7:00 p.m. at the Ammon City Hall building
located at 2135 South Ammon Road. Council Member Tibbitts led the Pledge of Allegiance and Council
Member Wheeler offered a prayer.
B.CONSENT AGENDA:
a.Accounts Payable Report: Exhibit A
b.Minutes:
i.August 15, 2019, Regular Meeting (edited)
ii.August 20, 2020, Regular Meeting
City Clerk Buchan explained the presence of the minutes from August of 2019 noting that a portion of
the minutes related to the Water Proclamation were not accurate. The record was edited to include
the appropriate information related to the proclamation. Council also discussed a few items within
the Exhibit A with clarification from Staff.
It was moved by Council Member Tibbitts and seconded by Council Member Wheeler to approve the
consent agenda. Motion passes unanimously with vote by roll call
C.PROCLAMATIONS AND ANNOUNCEMENTS
Mayor Coletti presented the Extra Mile awards to Ethan Clapp and Brianna Birkinbine. Both received the
award for their continued commitment to the City and their excellent work.
D.PUBLIC COMMENT:
Brendan Kester, 4631 Ladyhawk Lane, (via Zoom) discussed previous conversations regarding the intent
behind the Ammon Annexation Ordinance. Mr. Kester brought up comment from a meeting in August of
2019 where staff discussed the intent behind the ordinance and what role it would play in future
annexationslocations throughout the City
often require different treatment. Council President Slack reviewed portions of the ordinance that allow for
flexibility for staff and property owners interested in annexations into the City.
AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD)
It was moved by Council Member Tibbitts and seconded by Council Member Slack to move into the
Lighting District Board. Motion passes unanimously with vote by roll call
E.ACTION ITEMS:
a.Ordinance 643 Ammon Lighting Districts No. 1 through No. 10 Annual Appropriations FY20-21
(Jennifer Belfield, Finance Director)
financial.
It was moved by Council Member Slack and seconded by Council Member Wiscombe to dispense with the
rule requiring the reading of the ordinance on three different days and that the three readings be waived.
Motion passes unanimously with vote by roll call
It was moved by Council Member Slack and seconded by Council Member Wiscombe to accept the fiscal
year 2021 Annual Appropriations Ordinance 643 for the Ammon Lighting Districts 1 through 10. Motion
passes unanimously with vote by roll call
It was moved by Council Member Tibbitts and seconded by Council Member Wheeler to end the Lighting
District Board and return to regular Council activity. Motion passes unanimously with vote by roll call
RETURN TO AMMON CITY COUNCIL
E.PUBLIC HEARINGS:
Ammon City Council 09/15/2020Page 3 of 96
1.2020-030: Updated Annual Appropriations 2020-2021 (Fiscal Year 2021)
Finance Director Belfield explained the reasoning for the second hearing on the budget adding that
the final numbers, after input from the state, changed the numbers slightly within the budget and
required an additional hearing to take place. Belfield added that the Ammon Tax Levy has decreased
for the fifth year in a row, and remains one of the lowest levies in the state.
Mayor Coletti opened the Public Hearing.
Belfield noted that she did not receive any written comment on the budget, there were no members
of the public present to comment on the budget.
Mayor Coletti closed the Public Hearing and moved back into regular business.
J.ACTION ITEMS:
1.Ordinance 644 Fiscal Year 2020-2021 Annual Appropriation (Jennifer Belfield, Finance Director)
There was no further discussion on the Fiscal year 2021 Annual Appropriations.
Recommendation -
Staff Recommends to adopt Ordinance 643 and 644 and waive the three readings.
Summary of Analysis
1. June 11 Work Session all department heads attended the meeting and we all discussed the details
of the Ammon budget.
2. July 9 Work Session the budgets were presented for general approval, and the binders were
provided.
3. August 6 was the public hearing on the budgets. There were no items contended.
4. When we published for the public hearings on August 6 we estimated property taxes. After
publishing, we received the final numbers. We republished for a public hearing September 3, 2020 to
address the property taxes only. In the publication we included forgone, we will actually not be
taking the forgone.
5. If we take the 3% increase, our levy rate will update to 0.002548805, reducing for the 5th year in a
row. The difference to a resident on a $100,000 taxable value (meaning home is valued at $200,000
property taxes paid would be $254.88.
6.
Financial Impact
impacted by the budget.
balance below the desired investment policy levels.
It was moved by Council Member Wheeler and seconded by Council Member Slack to dispense with the
rule requiring the reading of the ordinance on three different days and that the three readings be waived.
Motion passes unanimously with vote by roll call
Ammon City Council 09/15/2020Page 4 of 96
It was moved by Council Member Wheeler and seconded by Council Member Slack to approve Ordinance
644 accepting the fiscal year 2021 Annual Appropriations Ordinance for the City of Ammon. Motion passes
unanimously with vote by roll call
2.Findings of Fact, Conclusions of Law, and Decision Rocking R Subdivision (Cindy Donovan, City
Planner) Included in Full in Permanent Record
City Administrator Austin explained the information included within the Findings of Fact and
Conclusions of Law. Council discussed the implications of the studies that would take place at a later
time and what role Council would have in considering those studies along with the developments in
the future. Austin clarified that all studies would come forward before Council when the property in
question was ready to be developed and Council would have the ability to make changes or require
more studies in the future. City Planner Cindy Donovan reviewed each of the special conditions
included within the Annexation Agreement. Austin reminded Council that all documents that had
been presented to Council could be revised to
Council Member Wheeler questioned what the next steps would be regardless of the decision made
and how the required studies would play into future development of the location. Austin clarified
that the studies would be presented with future plat and development discussions and Council would
uidelines
and how they play into this particular issue.
Council Member Thompson noted that low density housing zones are the default on the
comprehensive plan map and that each annexation is different. Thompson reviewed annexations
that have residential and commercial near one another and how each area was treated to adequately
respond to the concern of proximity. Council and Staff discussed input from applicants in
consideration of the proposed land use and what role general compliance maintains in issues related
to the Comprehensive Plan.
City Attorney Weston Davis commented that the Idaho Supreme Court has considered a
Comprehensive Plan to be a guideline and not a rule. He added that while it cannot be ignored, it can,
and should, be amended when appropriate.
Tom Hunsaker, 2925 Carolyn Lane, provided an explanation for Council based on his experience as
part of the County Planning and Zoning Commission noting that there are many theories on zoning
and that many examples of how land use should be guided exist and each area should be considered
to properly annex and use the land.
Mayor Coletti noted that Figure Three was a recommendation and was not appropriate in every
sense.
Council Member Wessel commented on other neighborhoods with commercial property near
residential property throughout the City and how each area was considered on a case by case basis
when annexing and developing.
Council Member Wiscombe noted that he was grateful for the process in play during the hearings
and proposals for development and comments coming from residents on both sides of the issue.
Wiscombe also added that he was grateful for developers willing to develop new areas and the public
process by which annexations happen.
Council President Slack commented on items brought forward from the Public Hearing held at a
previous meeting and thanked Staff for including details within the staff report that responded to
each objection. Also added that no process should be financially burdensome to discourage property
owners from development of their community.
Council Member Tibbitts noted the disagreement coming from residents and questioned what role
those comments play in the process. Wessel noted examples of locations that have been brought
forward to Council with concerns that have not moved forward.
Ammon City Council 09/15/2020Page 5 of 96
It was moved by Council Member Slack and seconded by Council Member Wiscombe to accept the Findings
of Fact, Conclusions of Law, and Decision. Motion passes unanimously with vote by roll call
3.Ordinance 642 and Summary Annexation of Rocking R Subdivision (Cindy Donovan, City Planner)
It was moved by Council Member Slack and seconded by Council Member Wessel to dispense with the rule
requiring the reading of the ordinance on three different days and that the three readings be waived.
Motion passes unanimously with vote by roll call
It was moved by Council Member Slack and seconded by Council Member Tibbitts to adopt Ordinance No.
642 and summary as an ordinance of the City of Ammon on its third and final reading thereby annexing the
named territory into City Limits. Motion passes unanimously with vote by roll call
4.Annexation Agreement Rocking R Subdivision (Cindy Donovan, City Planner)
It was moved by Council Member Slack and seconded by Council Member Wessel to approve the
Annexation Agreement for the Rocking R Subdivision. Motion passes unanimously with vote by roll call
5.Approval/Rejection of Woodland Hills Playground Bid (Micah Austin, City Administrator)
Administrator Austin reviewed the bids received for the Woodland Hills Playground explaining that
the proposed bid to be accepted was the only bid received that was within the proposed budget.
Council also discussed the need for approval of within budget projects noting that being informed of
the projects would suffice but they did appreciate having the information reviewed.
It was moved by Council Member Tibbitts and seconded by Council Member Wheeler to accept the Great
Western Recreation proposal of equipment and bid of $79,985.78. Motion passes unanimously with vote
by roll call
K.DISCUSSION ITEMS:
1.Staff Items
2.City Council Items
3.
L.ADJOURN The meeting was adjourned at 8:37pm
_____________________________
Sean Coletti, Mayor
_____________________________
Kristina Buchan, City Clerk
Ammon City Council 09/15/2020Page 6 of 96
2135 SOUTH AMMON ROAD
CITY COUNCIL WORK SESSION
THURSDAY, SEPTEMBER 10, 2020 4:30 P.M.
AGENDA
A.CALL TO ORDER: Mayor Sean Coletti at 4:30 p.m.
B.PROCLAMATIONS AND ANNOUNCEMENTS
1.Constitution Week September 17-23
C.ACTION ITEMS:
1.Contract for Services with the Idaho Falls Senior Center
D.DISCUSSION ITEMS:
1.Nuisance Ordinance
2.REDI Presentation
E.ADJOURN
MINUTES
City Officials Present: Mayor Sean Coletti
Council President Russell Slack
Councilmember Rex Thompson
Councilmember Scott Wessel
Councilmember Craig Tibbitts
Councilmember Josh Wheeler
City Attorney Scott Hall
City Administrator Micah Austin
City Engineer Tracy Bono
Fire Marshal Keith Banda
City Clerk Kristina Buchan
City Officials Absent: Councilmember Byron Wiscombe
A.CALL TO ORDER: Mayor Sean Coletti opened the meeting at 4:30 p.m. at the Ammon City Hall building
located at 2135 South Ammon Road.
B.PROCLAMATIONS AND ANNOUNCEMENTS
a.Constitution Week September 17-23
PROCLAMATION
Whereas, September 17, 2020 marks the two hundred and thirty- third anniversary
of the drafting of the Constitution of the United States of America by the
Constitutional Convention; and
Whereas, It is fitting and proper to accord official recognition to this magnificent
document and its memorable anniversary and to the patriotic celebrations
which will commemorate the occasion; and
Ammon City Council 09/15/2020Page 7 of 96
Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the
th
President of the United States of America designating September 17 through
rd
23 as Constitution Week.
Now, Therefore I, Sean Coletti, Mayor of the City of Ammon, do hereby proclaim the week of
September 17 through 23 as
CONSTITUTION WEEK
And ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly
protecting the freedoms guaranteed to us through this guardian of our liberties remembering that
lost rights may never be regained.
th
PROCLAIMED AND SIGNED this 10 Day of September 2020
C.ACTION ITEMS:
a.Contract for Services with the Idaho Falls Senior Center
City Administrator Micah Austin introduced representatives from the Idaho Falls Senior Center for the
Meals on Wheels Program. Austin gave a background on the discussion explaining the previous
conversations related to t
st
535 W 21 St, Idaho Falls, ID, spoke on behalf of the Senior Center noting that it has been difficult to
provide needed meals and noted that around 20% of the recipients of the program are residents of
Ammon. Council discussed the intricacies of the program and how residents receive access to the
program as well as a breakdown of the costs associated with the program.
It was moved by Council Member Tibbitts and seconded by Council Member Wessel to fund $2,000 to the
Idaho Falls Senior Center Meals on Wheels Program for FY 2021. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ
Ʃƚƌƌ ĭğƌƌ
D.DISCUSSION ITEMS:
a.REDI Presentation
Teresa McKnight from REDI presented a PowerPoint to Council on the 2019 and 2020 actions by
REDI. McKnight gave a brief introduction of herself and the general purpose of REDI before delving
into achievements and goals. Council then discussed the focus of REDI and how it benefits Ammon
and growth in the area.
b.Nuisance Ordinance
Fire Marshal Banda and Administrator Austin updated Council on internal discussion that had taken
place since Mr. Darrah last presented to Council. Austin noted the difficulties related to
implementing an ordinance that would limit activities taking place on private properties. Banda
reviewed health and safety regulations and how they are enforced currently. Council discussed
options for the City and options for Mr. Darrah going forward including approaching Idaho DEQ for
input and further brainstorming for solutions.
c.Council discussed with Staff how information ought to be provided to Council regarding action items.
Council agreed that having full staff reports assists them in making an informed decision.
E.ADJOURN The meeting was adjourned at 7:20pm
_____________________________
Sean Coletti, Mayor
_____________________________
Kristina Buchan, City Clerk
Ammon City Council 09/15/2020Page 8 of 96
Ammon City Council
9/17/20
Mayor Coletti and City Councilmembers:
Contract for Services with Imagine Idaho Action, Inc.
Staff Presenting:
Bruce Patterson, Technology Director
Recommendation
-Staff recommends approval of the contract and authorize the Mayor to sign.
Summary of Analysis
1.Imagine Idaho is the branding for an organization focused on Idaho broadband education and
advocacy.
2.Imagine Idaho Foundation Inc is a C3 that houses the education, public outreach effort.
Messaging will be driven by the foundation. Sean Coletti will serve as one of the board
members.
3.Imagine Idaho Action Inc is a C4 that houses the advocacy effort. This effort will be focused
primarily within the State of Idaho to clarify and establish clear local authority to build, own and
operate broadband infrastructure only not service. There will also be a federal effort focused
on improving the percentage of federal broadband funds coming into Idaho for public
broadband infrastructure.
4.There is already good philanthropic support
5.This contract provides $2,400 of support from Ammon ($1,200 in 2020 and $1,200 in 2021).
Financial Impact
-Approval of this contract will result in a $1,200 cost to the fiber department in the 2020 budget
year and a $1,200 cost to the fiber department in the 2021 budget.
-Ammon will also be providing ongoing leadership and technical support.
-
-Imagine Idaho provides an opportunity to create a coalition around the local broadband
authority issue.
-Any future contracts will need to be evaluated based on merit.
Motion
the Contract for Services with Imagine Idaho Action and authorize the
Attachments:
1.Contract for Services Imagine Idaho Action Inc.
Ammon City Council 09/15/2020Page 9 of 96
CONTRACT FOR SERVICES
(City of Ammon and Imagine Idaho Action, Inc.)
___ day of
November, 2019, by and between the CITY OF AMMON, an Idaho municipal corporation
AmmonIMAGINE IDAHO ACTION INC., an Idaho non-profit
IMAGINE IDAHO
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;
B.IMAGINE IDAHO provides specialized services that benefit the City and 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
support the services that IMAGINE IDAHO provides for 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;
D.Ammon desires to contract with the IMAGINE IDAHO to provide services that will
protect property owner rights within Ammon city limits by clarifying, improving and
protecting local authority for broadband infrastructure;
E.The parties acknowledge and agree that all funds paid to the IMAGINE IDAHO under this
Agreement shall be used to provide services for Ammon for the purpose of clarifying,
improving and protecting local authority for broadband infrastructure; 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 IMAGINE IDAHO, 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 $2,400 to IMAGINE IDAHO to subsidize local broadband authority
advocacy costs to IMAGINE IDAHO in 2019-2020. Subject to the terms and conditions
set forth herein, Ammon shall make one $1,200 payment on or before September 30,
2020 and a second $1,200 payment on or before October 31, 2020.
2.Term. Unless terminated pursuant to Section 7(B) of this Agreement and
Ammon City Council 09/15/2020Page 10 of 96
notwithstanding the date of execution hereof, this Agreement shall be in effect from
October 1, 2019, until September 30, 2020.
3.Scope of Services. IMAGINE IDAHO shall provide the following services:
i.$2,400 of the funds will be used to subsidize local broadband authority
advocacy costs within the State of Idaho. Such advocacy activity may
include research, public education, and lobbying.
4.Budget, IRS Filings, Annual Work Plan, Monthly Record Keeping and Availability of
Records.
a.Budget. Upon request from the City of Ammon, IMAGINE IDAHO shall submit a
2019 Year-to-Date P&L and Balance Sheet for IMAGINE IDAHO, which is
satisfactory to Ammon showing income, expenses and particular fund balances.
The IMAGINE IDAHO shall submit its current Operating Budget to Ammon when
such budget has been approved by the IMAGINE IDAHO 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, the IMAGINE IDAHO 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, the IMAGINE IDAHO 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 the IMAGINE IDAHO 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 the IMAGINE IDAHOs
financial records. Any duly authorized agents of the City shall be entitled to
inspect and audit all books and records of the IMAGINE IDAHO 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,
the IMAGINE IDAHO 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, the
IMAGINE IDAHO 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. The IMAGINE IDAHO agrees to retain all financial records,
supporting documents, statistical reports, client or membership records and
contracts, property records, minutes, correspondence, and all other accounting
Ammon City Council 09/15/2020Page 11 of 96
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 the
IMAGINE IDAHO under this Agreement to ensure compliance with the terms and
conditions herein with reasonable prior notice and during the normal business
hours of the IMAGINE IDAHO.
5.Payments. To receive payments for the services described in Section 3 of this
Agreement, the IMAGINE IDAHO 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, the IMAGINE IDAHO
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 the IMAGINE IDAHO 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 IMAGINE IDAHO 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
Imagine Idaho Action
PO BOX 7006
Ketchum, ID 83340-7006
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
the IMAGINE IDAHO 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, the IMAGINE IDAHO
shall submit to Ammon a report of expenditures authorized by this Agreement as
Ammon City Council 09/15/2020Page 12 of 96
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 IMAGINE IDAHO hereby agree that the
IMAGINE IDAHO 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. The IMAGINE IDAHO,
its agents and employees shall not receive nor be entitled to any employment-
related benefits from Ammon including without limitation,
compensation insurance, unemployment insurance, health insurance, retirement
benefits or any benefit that Ammon offers to its employees. The IMAGINE
IDAHO shall be solely responsible for the payment of all payroll and withholding
taxes for amounts paid to the IMAGINE IDAHO under this Agreement and for the
IMAGINE IDAHO
Agreement by the IMAGINE IDAHO, its agents and employees; and the IMAGINE
IDAHO 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. The IMAGINE IDAHO acknowledges that
Ammon is a public agency subject to the Idaho Public Records Act. The IMAGINE
IDAHO 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 the
IMAGINE IDAHO, in whole or in part, without the prior written consent of
Ammon.
f.Hold Harmless Agreement. The IMAGINE IDAHO 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 the IMAGINE
IDAHO.
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
Ammon City Council 09/15/2020Page 13 of 96
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.. 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 the IMAGINE IDAHO 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. The IMAGINE IDAHO shall incorporate or cause to be incorporated
in all such contracts, a provision prohibiting such interest pursuant to this
provision.
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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 IMAGINE IDAHO ACTION
_______________________ _______________________________________
Sean J. Coletti, Mayor Wendolyn Holland, Agent
ATTEST: ______________________________
Kristina Buchan, City Clerk
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Legend
Church
School
Industrial
Light Commercial
Heavy Commercial
Low Density Residential
Mixed Use
E 65th S
Med Density Residential
Cemetery
Med-High Density Residential
Park/Green Space
High Density Residential
THE CITY OF AMMON DISCLAIMS ANY WARRANTY OF FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESS OR IMPLIED, WITH RESPECT TO THIS PRODUCT.
Tracy Bono, City Engineer, tbono@ci.ammon.id.us (208) 612-4028 ~ Carol Ellison, GIS Specialist, cellison@ci.ammon.id.us (208) 612-4056
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To: Honorable Mayor and Distinguished City Council Members
Via email to: maustin@cityofammon.us
Re: Hearing set for September 17, 2020 for ratification of the Annexation and Zoning decision made
by the City of Ammon Planning and Zoning Committee on August 19, 2020.
Date: September 9, 2020
I respectfully request that a ratification be made on the night of the hearing, September 17, 2020 for the
following reasons:
Multiple Real Estate transactions started in April, 2020.
Approached Bonneville County Zoning in May, 2020 and were referred to City of Ammon as this
property is in the Ammon Impact Area.
City of Ammon Planning & Zoning Meeting delay due to COVID (June).
City of Ammon Planning & Zoning Meeting delay due to time limitations from past hearings
(July).
City of Ammon Planning & Zoning meeting held August 19, 2020. Expected final decision that
night.
Received notification that the City of Ammon Planning & Zoning decision had to be approved by
Ammon City Council at next meeting (could not be August 20, 2020, because of notice
requirements. Next available date September 3, 2020.
Notifications were not posted by deadline for the September 3, 2020 meeting. Delayed until
September 17, 2020.
Real Estate contracts/transactions in excess of $1M expired August 31, 2020. Extension of 30
days was granted to finalize ķĻğķƌźƓĻ Ʒƚ ĭƌƚƭĻ źƭ ƓƚǞ {ĻƦƷĻƒĬĻƩ ЌЉͲ ЋЉЋЉ ƚƩ ķĻğƌƭ ğƩĻ ƚŅŅ.
Please consider the benefits of this project to City of Ammon, including:
Housing:
Beautiful, yet affordable single family attached dwellings
Attracts non-transient residents who are vested in their community
Improves single family dwelling v. multiple family dwelling ratios
Financial:
Provides additional tax revenue for the City of Ammon
Funds a portion of the First Street road widening project
Adds additional potential customers for Ammon Fiber project
Safety:
Adds additional entrance(s) to the subdivision North of the subject property
o Improves traffic flow
o Critical emergency vehicle access
Earlier completion of First Street road widening project along subject property
Removal of driveway(s) on First Street (rerouting to the side street(s)
At the August 19, 2020 Planning and Zoning meeting, the Planning and Zoning chairman
confirmed that (paraphrased) since the last time the Annexation and Zoning request
was made for this property \[in 2017\], they have done everything that we asked them to
do to obtain the requested Annexation and Zoning
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Consider the beautiful neighborhood that will replace agricultural land that is not large enough to grow
crops, with homes and land that are deteriorating.
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Alternately, consider the potential use of the land as presently zoned.
These critters are pretty cute when they are small.
However, as they grow and are raised on a large scale (approximately 35 per acre), the scene drastically
changes.
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This type of land use would be an eyesore and nuisance to the community and would certainly not
enhance the City of Ammons development plan.
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As property owners, it is our right to utilize our land and make a return on our investment.
I think we would all agree that a nice neighborhood with the proposed affordable housing project is a
much more palatable alternative to other types of usage.
Thank you for your time and consideration in this matter.
Sincerely,
Mariann Waggoner
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Legend
THE CITY OF AMMON DISCLAIMS ANY WARRANTY OF FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESS OR IMPLIED, WITH RESPECT TO THIS PRODUCT.
Ammon City Council 09/15/2020Page 35 of 96
Tracy Bono, City Engineer, tbono@ci.ammon.id.us (208) 612-4028 ~ Carol Ellison, GIS Specialist, cellison@ci.ammon.id.us (208) 612-4056
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