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06.05.2025 City Council PacketAMMON CITY COUNCIL June 5, 2025 - 6:00pm 2135 S Ammon Road, Ammon, ID 83406 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 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. 3.Individuals must utilize the podium at the front of the room and not speak from their seat. 4.Individuals must direct comments to the Commission or Council, not other individuals within the room. 5.Individuals must limit comments to three (3) minutes or less. 6.Individuals must avoid repetitious comments or ideas that have already been presented. 7.All comments shall be made courteously, respectfully, and civilly - inflammatory, disrespectful, degrading statements, heckling, applause, or obscene or indecent language will not be tolerated. 8.Individuals that violate these guidelines may be asked to leave the meeting. PUBLIC COMMENT June 5 – City Council Meeting June 11 – Employee Lunch @ Petersen June 12 – City Council Work Session UPCOMING MEETINGS WILL BE AVAILABLE VIA ZOOM: htp://zoom.cityofammon.us/ Meeting ID: 208 612 4000 - Passcode: 26666 AGENDA CALL TO ORDER: Mayor Sean Coletti at 6:00 p.m. Pledge of Allegiance – Council Member Oswald Prayer – Council Member Wessel EXECUTIVE SESSION: 1.Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of … an employee 2.Pursuant to Idaho Code 74-206(f): (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. CONSENT AGENDA: 1.Accounts Payable Report: Exhibit A 2.Minutes: May 15, 2025 – Regular Meeting – Page 2 PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) PUBLIC HEARINGS 1.Public Hearing #2025-012 Amending Title 2 Chapter 1, Section 2 and 3 regarding the organization of the Planning and Zoning Commission – Page 139 ACTION ITEMS: 1.Appointment of Interim City Clerk (Micah Austin, City Administrator) – Page 8 2.Approval of Bids for Fiber Optic Drilling Services According to Idaho Code 67-2803 and 67- 5711(c) (Bryan Bankhead, Network Administrator) – Page 9 3.Consideration of Contract for Service with Ronald McDonald House (Micah Austin, City Administrator) – Page 39 4.Consideration of Resolution 2025-006, Adopting the City of Ammon Personnel Policy Manual (April Forrest, HR Director) – Page 45 5.Consideration of Ordinance 733 Amending Title 10, Chapters 5 and 37 (Cindy Donovan, City Planner) – Page 124 6.Ordinance 734 Amending Title 2 Chapter 1, Section 2 and 3 regarding the organization of the Planning and Zoning Commission (Cindy Donovan, City Planner) – Page 1397.Consideration of Commercial Preliminary Plat for Granite Creek Subdivision (Cindy Donovan, City Planner) – Page 147 8.Consideration of Commercial Standard Development Agreement for Granite Creek Subdivision (Cindy Donovan, City Planner) – Page 152 DISCUSSION ITEMS: 1.Update on 1St and 17th Street Construction Projects 2.Issuance of Reckless Driving citation for driving the wrong way on a one-way street 3.Miscellaneous EXECUTIVE SESSION: 1.Pursuant to Idaho Code 74-206(a): To consider hiring a public officer2.Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of […] an employee ADJOURN Next Reference Numbers: Resolution number: 2025-007; Ordinance No. 736 Ammon City Council Regular Mee�ng 05.15.2025 Page 1 of 6 AMMON CITY COUNCIL MINUTES THURSDAY, MAY 15, 2025 – 6:00 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: Mayor Sean Coletti at 6:00 p.m. Pledge of Allegiance – Council Member Fullmer Prayer – Council Member Oswald CONSENT AGENDA: 1.Accounts Payable Report:i.Exhibit A 2.Minutes: i.May 1, 2025 – Regular Meetingii.May 8, 2025 – Work Session iii.May 12, 2025 – Joint Commission Meeting PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) ACTION ITEMS: 1.Title 10 Amendments Chapters 5 and 37 (Cindy Donovan, City Planner) 2.Master Plan Granite Creek Commercial (Cindy Donovan, City Planner) 3.Ordinance 735 Amending Title 4 Chapter 14, Bartenders (Kristina Buchan, City Clerk) 4.BMPO Federal Project Support 17th Street Access Improvements (Tracy Bono, City Engineer) 5.Purchase of Property 45th Right of Way Property (Tracy Bono, City Engineer) DISCUSSION ITEMS: 1. 1 St and 17th Street Construction Update 2.Miscellaneous EXECUTIVE SESSION: 1.Pursuant to Idaho Code 74-206(a): To consider hiring a public officer2.Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of … an employee 3.Pursuant to Idaho Code 74-206(c): To acquire an interest in real property not owned by a public agency 4.Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation ADJOURN MINUTES City Officials Present: Mayor Sean Cole� Councilmember Scot Wessel Councilmember Jeff Fullmer Councilmember Kris Oswald Councilmember Sid Hamberlin Councilmember Heidi Boyle Council President Russell Slack City Atorney Scot Hall City Administrator Micah Aus�n City Engineer Tracy Bono City Planner Cindy Donovan City Clerk Kris�na Buchan Ammon City Council June 5, 2025 Page 2 of 166 Ammon City Council Regular Mee�ng 05.15.2025 Page 2 of 6 CALL TO ORDER: Mayor Sean Coletti at 6:00 p.m. Pledge of Allegiance – Council Member Fullmer Prayer – Council Member Oswald CONSENT AGENDA: 1.Accounts Payable Report: i.Exhibit A 2.Minutes: i.May 1, 2025 – Regular Meeting ii.May 8, 2025 – Work Session iii.May 12, 2025 – Joint Commission Meeting It was moved by Council Member Boyle and seconded by Council Member Hamberlin to approve the Consent Agenda, excluding item 22217 for right of way purchase which is to be considered later on the agenda. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) There was no public comment ACTION ITEMS: 1.Title 10 Amendments Chapters 5 and 37 (Cindy Donovan, City Planner) City Planner Cindy Donovan reviewed the proposed changes with Council noting that they had already been seen by Planning and Zoning. PZ was concerned about the proposal compared to current lot sizes throughout the City. Discussion of lot widths. Comparison to County lots. Compliance: -This request is in compliance with the Comprehensive Plan and City Ordinance. Criteria for Decision: -10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. Summary of Analysis: 1. Chapter 5 - Supplementary Regulations to Zones a.10-5-23 (O) Lighting of Parking Areas – added reference to 10-5-28 Outdoor and Exterior Lighting Ammon City Council June 5, 2025 Page 3 of 166 Ammon City Council Regular Mee�ng 05.15.2025 Page 3 of 6 b.10-5-24 (B) Right of Way Park Strip – added text regarding plantings in this area 2.Chapter 37 – District Use Matrix a.10-37-2 (A) Dimensional Standards by Zone – amended minimum lot area in the following zones: i.RP – from 12,000 to 15,000 square feet ii.RP-A – from 10,000 to 13,000 square feet iii.R-1 – from 5,000 to 8,000 with a minimum lot width of 75 feet iv.R1-A – from 5,000 to 6,000 per unit with a minimum lot width of 52 feet per unit b.10-37-2 (A) Dimensional Standards by Zone – removed conditions of P6 and P7 based on amendments to State Statute which will take effect on July 1, 2025. c.10-37-2 (B) Side Setback Minimum – deleted text regarding no side yard requirement for accessory buildings located more than twelve (12) feet behind the main building. d.10-37-2 (C) Right of Way Park Strip – added text regarding plantings in this area 3.Chapter 41 was noticed, but no amendments are proposed at this time. It was moved by Council Member Oswald and seconded by Council Member Boyle to approve the amendments to Title 10 Chapters 5 and 37 finding it is in compliance with the Comprehensive Plan and City Ordinances. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call 2.Master Plan Granite Creek Commercial (Cindy Donovan, City Planner) City Planner Cindy Donovan reviewed the Master Plan for Granite Creek. Discussion of location and lots – future roads and accesses. Cindy briefly reviewed items that were being proposed in the development agreement. Criteria for Decision: -10-29-7 (E): A master plan incorporating the entirety of a property, shall be submitted to the Planning and Zoning Commission for recommendation and action of approval or denial by the City Council. The master plan can be presented with the preliminary plat for the first division of a subdivision. -10-29-7 (C): Elements of the master plan shall include: 1.General concept of the development, including, but not limited to, lots, streets, alleys, and parks and open space. 2. Phasing plan showing divisions 3.Number of lots and/or units for the total development and per division 4. Density of units per acre for the total development and per division 5.Number of acres for the total development and per division 6.Amount of open space in acres Ammon City Council June 5, 2025 Page 4 of 166 Ammon City Council Regular Mee�ng 05.15.2025 Page 4 of 6 7. Connectivity to surrounding areas through streets and trails 8. General utility layout – not required to be engineered at master plan Summary of Analysis: 1. The Comprehensive Plan Future Land Use Map shows the property as Heavy Commercial 2. Five phases are planned for this development 3. Master Plan shows a total of 36 proposed units being divided as follows: − Division 1: 6 units − Division 2: 10 units − Division 3: 4 units − Division 4: 10 units − Division 5: 6 units 4. Property will have an access road from east to west, with a cross-access easement connecting to commercial zoned property to the south 5. Developer will be required to have an agreement with City of Idaho Falls regarding improvements to 25th East. 6. Developer will be required to participate in improvements to the property frontage along 49th South It was moved by Council Member Fullmer and seconded by Council Member Wessel to approve the Granite Creek Commercial Master Plan finding it is in compliance with the Comprehensive Plan and City Ordinance subject to technical review. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call 3. Ordinance 735 Amending Title 4 Chapter 14, Bartenders (Kristina Buchan, City Clerk) City Clerk Kristina Buchan reviewed the changes being proposed noting that Council had previously discussed removing the background check. Council questioned if there would be any impact on community safety, Buchan noted that requiring safe server training would do more for the community. Recommendation - Staff recommends removing requirements for background checks for bartenders and replacing it with “safe server” style training. Summary of Analysis 1. Ammon City Code 4-14-3 requires an application and full background check for each bartender in Ammon 2. Background checks require up to three weeks for processing by the State ● Plus, mailing costs and Staff time Ammon City Council June 5, 2025 Page 5 of 166 Ammon City Council Regular Mee�ng 05.15.2025 Page 5 of 6 3.City Staff met with local liquor license holders in 2023 where concerns were brought up about the necessity for a background check 4.License holders would benefit from safe service style training for their employees as Idaho background checks are publicly accessible 5.Applicants would be asked to provide proof of their training at the time of application or renewal (this was done previously when childcare worker licenses were handled in office) 6. 31 individuals currently licensed ● Current fee is $90 every 2 years ●$40 for license ●$50 for background check ($35 goes to state) 7.Change would assist businesses by lessening the cost for a high-turnover position in Ammon 8.Information can be shared with businesses on how to conduct a background check on their employees should they wish to do so It was moved by Council Member Slack and seconded by Council Member Oswald to dispense with the rule requiring three readings and that the three readings be waived. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call It was moved by Council Member Slack and seconded by Council Member Oswald to adopt Ordinance 735 and summary on its third and final reading. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call 4.BMPO Federal Project Support 17th Street Access Improvements (Tracy Bono, City Engineer) City Engineer Tracy Bono reviewed the plan for the BMPO improvements, including dividers on 17th St to prevent left turns. Bono added that the support would allow funding to come through for the project. Recommendation -Staff recommends supporting the access restriction on 17th with the BMPO 17th Street Federal Project as laid out in the design drawings. Summary of Analysis 1.According to safety recommendations and standards. It was moved by Council Member Slack and seconded by Council Member Wessel to support the access restriction on 17th with the BMPO 17th Street Federal Project as laid out in the design drawings. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call 5.Purchase of Property 45th Right of Way Property (Tracy Bono, City Engineer) Ammon City Council June 5, 2025 Page 6 of 166 Ammon City Council Regular Mee�ng 05.15.2025 Page 6 of 6 It was moved by Council Member Slack and seconded by Council Member Hamberlin to approve to approve the purchase of ROW from Adam and Emily Ellison in the amount of $ 30,096.28. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call DISCUSSION ITEMS: 1.1St and 17th Street Construction Update City Engineer Bono reported that the project is continuing well and crews were working through the rain to keep reopening on time. 2.Miscellaneous EXECUTIVE SESSION: 1.Pursuant to Idaho Code 74-206(a): To consider hiring a public officer 2.Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of … an employee 3.Pursuant to Idaho Code 74-206(c): To acquire an interest in real property not owned by a public agency 4.Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation It was moved by Council Member Slack and seconded by Council Member Fullmer to enter into Executive Session pursuant to Idaho Code 74-206 (a) & (b). Wessel, yes; Oswald, yes; Fullmer, yes; Slack, absent; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call In: 7:24pm out: 9:28pm ADJOURN The mee�ng adjourned at 9:28pm ______________________________ Sean Cole�, Mayor _____________________________ Kris�na Buchan, City Clerk Ammon City Council June 5, 2025 Page 7 of 166 Ammon City Council June 5, 2025 Mayor Coletti and City Councilmembers: Appointment of Interim City Clerk Staff Presenting: Micah Austin, City Administrator Recommendation -Appoint Micah Austin as Interim City Clerk. Summary of Analysis 1.Kristin Buchan, former Ammon City Clerk, has taken a position in Caldwell, Idaho as their Deputy City Clerk. The position of Ammon City Clerk is now vacant. 2.Idaho Code requires that a city must have a City Clerk and outlines the specific duties of that position. According to Idaho code 50-204, "The mayor, except as otherwise provided...with the consent of the council shall appoint a city clerk, a city treasurer, a city attorney and such other officers as may be deemed necessary for the efficient operation of the city." 3.While the statute does not discuss an "interim" appointment, it is a common and necessary practice to appoint an interim officer to ensure the continuity of essential city services and statutory obligations during a vacancy until a permanent appointment is made. 4.According to Idaho Code § 50-207, the duties of the City Clerk are as follows, “"The city clerk shall keep a correct journal of the proceedings of the council and shall have the custody of all laws and ordinances of the city. He may administer oaths to any person concerning any matter submitted to him or the city council." 5.Staff recommends appointing Micah Austin, City Administrator, as the Interim City Clerk with an effective date of June 5, 2025. Mr. Austin has taken on many of the responsibilities of the City Clerk and is in the best position to ensure the duties of the clerk are completed. 6.Several other employees of the City of Ammon have also taken on duties of the City Clerk while the position is vacant. Some of these employees include Cindy Donovan, Heather McBride, Crystal Mullins, Jennifer Belfield, and others. Financial Impact -While the position of City Clerk is vacant, the City of Ammon will save on the personnel costs for that position. Motion “I move to appoint Micah Austin as the Interim City Clerk with an effective start date of June 5, 2025, pursuant to Idaho Code § 50-204.” Attachments: 1.None. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council June 5, 2025 Page 8 of 166 Ammon City Council June 5, 2025 Mayor Coletti and City Councilmembers: Approval of RFP Bids for Fiber Optic Drilling Services Staff Presenting: Bryan Bankhead, Network Administrator Recommendation -Approval of low bid for fiber optic drilling services for LID 6. Summary of Analysis 1.Idaho Code 67-2803 and 67-5711(c) dictates bid laws for public infrastructure and public services. 2.On May 16, 2025, the RFP was advertised. On May 30, 2025, the bidding window closed. 3.We received the following bids: ●KM - Ammon Townsite ●Snake River Drilling - Ammon Townsite ●Snake River Drilling - Trailwood ●Utah - Ammon Townsite ●Utah - Trailwood Village 4.Based on the bids submitted, SRD is the low bid. Staff recommends approval of SRD for the project. Financial Impact -Cost of bids o KM w/ Restoration w/out Restoration ▪Ammon Townsite No Bid Ammon Townsite $262,016 ▪Trailwood Village No Bid Trailwood Village No Bid o Snake River Drilling w/ Restoration w/out Restoration ▪Ammon Townsite $236,112 Ammon Townsite $213,112 ▪Trailwood Village $153,325 Trailwood Village $136,325 o Niels Fugal Sons Co w/ Restoration w/out Restoration ▪Ammon Townsite $582,036 Ammon Townsite $564,575 ▪Trailwood Village $664,456 Trailwood Village $664,522 Motion “I move to approve the low bid from Snake River Drilling LLC for fiber optic drilling services and authorize the mayor to sign a contract for services.” Attachments: 1.RFP a.RFP Ammon Townsite.pdf b.RFP Ammon Townsite.pdf 2.Bids Ammon City Council June 5, 2025 Page 9 of 166 a.KM RFP Responce - Ammon Townsite.pdf b.SRD RFP Response - Ammon Townsite.pdf c.SRD RFP Response - Trailwood Village.pdf d.Niels Fugal Sons Co RFP Responce - Ammon Townsite.pdf e.Niels Fugal Sons Co RFP Responce - Trialwood Village.pdf Ammon City Council June 5, 2025 Page 10 of 166 City of Ammon, Idaho Request for Proposals Fiber Optics Department Fiber Optic Construction City of Ammon, Idaho Request for Proposals (RFP) for Fiber Optic Construction May 14, 2025 1 Ammon City Council June 5, 2025 Page 11 of 166 City of Ammon, Idaho Request for Proposals Fiber Optics Department Fiber Optic Construction 1.0 INTRODUCTION The City of Ammon is requesting proposals from qualified consultants to perform fiber optic construction work. The City desires to perform construction in the subdivision of Trailwood Village. If selected, the firm would coordinate its activities and services provided to the City directly with the City of Ammon Fiber Optics Department. 1.1 SYSTEM DESCRIPTION In 2010 the City of Ammon began construction of a municipally-owned fiber optic system. Since that time, we have invested in over 150 miles of fiber optic infrastructure. This infrastructure was initially dedicated to the operational needs of the City. Today this infrastructure serves City operations, the local 911 dispatch center, first responders, eight different service providers, 110+ area businesses and over 2500 residential properties. The City has received grant money and desires to provide fiber optic connections to those in areas where current Local Improvement District efforts have not reached. Firms responding to this RFP should review the provided maps and designs prior to submitting. 1.2 SUBMITTAL REQUIREMENTS The City of Ammon will accept fiber optic construction quotes via email sent to the office of the City Clerk (clerk@cityofammon.us ) until 5:00 PM local time on Friday, May 30, 2025. Only electronic copies are accepted. Electronic copies shall be emailed to the City Clerk, Kristina Buchan, at clerk@cityofammon.us by the deadline listed in this paragraph. No submittals will be accepted after that time and date. Proposals are limited to a maximum length of ten (10) standard 8 ½” X 11” pages. The City reserves the right to reject any or all proposals, or to accept the lowest submitted bid that fulfills all of the requirements. The City reserves the right to waive any and all informalities in the submittal process, or within any Statement of Qualifications. The City may require up to ninety days (90) days after opening the proposals to make a final decision. Any questions or requests for clarification related to this Request for Proposals must be submitted in writing to clerk@cityofammon.us. Firms interested in submitting Proposals shall be responsible to check the website for updated responses to questions. Firms should include a cover letter with their Proposals, addressed to Mayor Sean Coletti and the Ammon City Council. All costs incurred by the firm in preparing a response to this Request for Proposals shall be at the submitting parties sole expense. 2.0 SCOPE OF WORK Firms responding to this RFP must understand the scope of work requested by the City of Ammon. The Scope of Work is summarized below: May 14, 2025 2 Ammon City Council June 5, 2025 Page 12 of 166 City of Ammon, Idaho Request for Proposals Fiber Optics Department Fiber Optic Construction 1.Review the coverage area, conduit counts, and box locations. An interactive map is given to review at the link below. This interactive map can provide conduit lengths and rough box locations as well as other design and construction details required to submit an informed bid. This RFP will only cover Conduit Only, in Trailwood Village Zone Section A (Red), B (Yellow), C (Purple), D (Pink - Completed), E (Blue), F (Orange). Zones have a Red circle with requirements for that zone included there. The applicable area is also shown below. Please view the interactive map in the link for the map key. A printed map can be picked up from City Hall upon request. 2.https://www.google.com/maps/d/edit?mid=165_NuRUBxv8bpktNvupTIy8-g5CYQXY&usp=sharin g May 14, 2025 3 Ammon City Council June 5, 2025 Page 13 of 166 City of Ammon, Idaho Request for Proposals Fiber Optics Department Fiber Optic Construction The City will not be responsible for the negligence of the Proposer, or any of its agents, employees, or customers. The Proposer shall procure and maintain for the duration of the contract, insurance for all claims for injuries to persons or damages to property which may arise from or in conjunction with the performance of the work hereunder by the Proposer, his agents, representatives, employees, or sub-contractors. The cost of such insurance shall be borne by the Proposer and a Certificate of Insurance evidencing that such insurance has been procured and is in force will be forwarded to the City before commencement of work hereunder. Said insurance shall be maintained during the entirety of said contract term and shall name the City of Ammon as an additional insured on said policy. The City may, at any time request proof of current insurance on any one or all of the coverage’s required below. The failure to maintain current insurance as required below may result in the termination of the contract, save and except the Proposers' obligations to indemnify the city from all claims. 4.3 Cancelation Clause Either party may terminate for cause or breach of contract. Either party may terminate the agreement without cause by giving one hundred eighty (180) days’ notice. May 14, 2025 5 Ammon City Council June 5, 2025 Page 14 of 166 City of Ammon, Idaho Request for Proposals Fiber Optics Department Fiber Optic Construction City of Ammon, Idaho Request for Proposals (RFP) for Fiber Optic Construction May 13, 2025 1 Ammon City Council June 5, 2025 Page 15 of 166 City of Ammon, Idaho Request for Proposals Fiber Optics Department Fiber Optic Construction 1.0 INTRODUCTION The City of Ammon is requesting proposals from qualified consultants to perform fiber optic construction work. The City desires to perform construction in the subdivision of Ammon Townsite. If selected, the firm would coordinate its activities and services provided to the City directly with the City of Ammon Fiber Optics Department. 1.1 SYSTEM DESCRIPTION In 2010 the City of Ammon began construction of a municipally-owned fiber optic system. Since that time, we have invested in over 150 miles of fiber optic infrastructure. This infrastructure was initially dedicated to the operational needs of the City. Today this infrastructure serves City operations, the local 911 dispatch center, first responders, eight different service providers, 110+ area businesses and over 2500 residential properties. The City has received grant money and desires to provide fiber optic connections to those in areas where current Local Improvement District efforts have not reached. Firms responding to this RFP should review the provided maps and designs prior to submitting. 1.2 SUBMITTAL REQUIREMENTS The City of Ammon will accept fiber optic construction quotes via email sent to the office of the City Clerk (clerk@cityofammon.us ) until 5:00 PM local time on Friday, May 30, 2025. Only electronic copies are accepted. Electronic copies shall be emailed to the City Clerk, Kristina Buchan, at clerk@cityofammon.us by the deadline listed in this paragraph. No submittals will be accepted after that time and date. Proposals are limited to a maximum length of ten (10) standard 8 ½” X 11” pages. The City reserves the right to reject any or all proposals, or to accept the lowest submitted bid that fulfills all of the requirements. The City reserves the right to waive any and all informalities in the submittal process, or within any Statement of Qualifications. The City may require up to ninety days (90) days after opening the proposals to make a final decision. Any questions or requests for clarification related to this Request for Proposals must be submitted in writing to clerk@cityofammon.us. Firms interested in submitting Proposals shall be responsible to check the website for updated responses to questions. Firms should include a cover letter with their Proposals, addressed to Mayor Sean Coletti and the Ammon City Council. All costs incurred by the firm in preparing a response to this Request for Proposals shall be at the submitting parties sole expense. 2.0 SCOPE OF WORK Firms responding to this RFP must understand the scope of work requested by the City of Ammon. The Scope of Work is summarized below: May 13, 2025 2 Ammon City Council June 5, 2025 Page 16 of 166 City of Ammon, Idaho Request for Proposals Fiber Optics Department Fiber Optic Construction 1.Review the coverage area, conduit counts, and box locations. An interactive map is given to review at the link below. This interactive map can provide conduit lengths and rough box locations as well as other design and construction details required to submit an informed bid. This RFP will only cover Conduit Only, in Ammon Townsite Zone Section A (Purple), B (Red), C (Yellow), D (Pink), E (Green). The Black section seen on the interactive map has already been completed. The applicable area is also shown below. Please view the interactive map in the link for the map key. A printed map can be picked up from City Hall upon request. 2.https://www.google.com/maps/d/edit?mid=1_sPysZW_A0uLumzX__LRNLJhio1VIUQ&usp=shari ng May 13, 2025 3 Ammon City Council June 5, 2025 Page 17 of 166 City of Ammon, Idaho Request for Proposals Fiber Optics Department Fiber Optic Construction 3.Drops to homes are not part of this project. 4.All Boxes have been installed. 5.Cut conduit at the top of the box and they should be plugged to prevent debris. 6.All conduits will contain electrical string (blue pull string). This will ensure that all conduits are installed correctly and help with installation of fiber afterwards. 7.The City will provide all materials needed, including Conduit, and couplers. This RFP is only for work performed. 8.The work is expected to be completed in 90 days from notification of the winning bid. The completion time may be adjusted for reasonable requests. 9.A fee of $100 per day will be applied for each day that the project exceeds its completion time. 10.Please provide an RFP for one or both of the following two options: a.Option 1: The selected contractor will be responsible for all labor, equipment, and incidentals related to the installation. They would also be responsible for the complete restoration of all affected areas to their original or better condition. b.Option 2: The selected contractor will be responsible for all labor, equipment, and incidentals related to the installation. The City will be responsible for all restoration work required, of affected areas, following the contractor's installation activities, to their original or better condition. 3.0 SUBMITTAL CONTENT: In addition to the requirements of the Scope of Work, submittals are to include the following information: Firm name, address, telephone, e-mail address, certificate of authority to do business in the State of Idaho, and Name of Principal-in-Charge together with the name of the Project Manager and Organizational Structure assembled to accomplish the project goals. 4.0 SELECTION CRITERIA The City of Ammon Fiber Department will select the lowest bid, according to Idaho Code 67-2805(3). 4.0 CONTRACT CONSIDERATIONS The City is not under any obligation to award a contract. 4.1 Term of Agreement The term of the agreement will be limited to completion of the requirements outlined in the Scope of Work. 4.2 Insurance The Proposer will indemnify and save harmless the City, its officers, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney’s fees arising out of a willful or negligent act or omission of the Proposer in the performance of this contract. May 13, 2025 4 Ammon City Council June 5, 2025 Page 18 of 166 City of Ammon, Idaho Request for Proposals Fiber Optics Department Fiber Optic Construction The City will not be responsible for the negligence of the Proposer, or any of its agents, employees, or customers. The Proposer shall procure and maintain for the duration of the contract, insurance for all claims for injuries to persons or damages to property which may arise from or in conjunction with the performance of the work hereunder by the Proposer, his agents, representatives, employees, or sub-contractors. The cost of such insurance shall be borne by the Proposer and a Certificate of Insurance evidencing that such insurance has been procured and is in force will be forwarded to the City before commencement of work hereunder. Said insurance shall be maintained during the entirety of said contract term and shall name the City of Ammon as an additional insured on said policy. The City may, at any time request proof of current insurance on any one or all of the coverage’s required below. The failure to maintain current insurance as required below may result in the termination of the contract, save and except the Proposers' obligations to indemnify the city from all claims. 4.3 Cancelation Clause Either party may terminate for cause or breach of contract. Either party may terminate the agreement without cause by giving one hundred eighty (180) days’ notice. May 13, 2025 5 Ammon City Council June 5, 2025 Page 19 of 166 Ammon City Council June 5, 2025 Page 20 of 166 To: Mayor Sean Coletti and the Ammon City Council. Snake River Drilling responds to the City of Ammon, Idaho Request for Proposals (RFP) for Fiber Optic Construction - Trailwood Village Ammon City Council June 5, 2025 Page 21 of 166 Scope of work: Snake River Drilling LLC has reviewed the scope of work and feels comfortable moving forward with the understanding that City of Ammon will provide all materials used for this project. This is understood to include conduit, couplers, gravel, fill dirt, and other materials. Options: Snake River Drilling LLC has provided estimates for both options requested. One that includes ground restoration and one that does not. Contact Information & Organizational Structure: Dylan Brooks 2527 Fieldstone Dr, Ammon, ID, 83401 208-539-7704 dylan@snakeriverdrilling.com Project Manager - Principal in Charge Dan Tracy 3723 Amarillo Dr, Ammon, ID, 83401 208-390-5318 dan@snakeriverdrilling.com General Laborer Insurance: Snake River Drilling LLC carries insurance specific to directional drilling and the activities that it includes. A COI specific to the City of Ammon can be provided if requested. Project Start: Snake River Drilling LLC accepts that the project completion time is 90 days after being awarded along with the applicable penalty. Snake River Drilling LLC will request a start date that allows it to complete other obligations it has, but also allows for the City of Ammon to be the focus point when it starts. Ammon City Council June 5, 2025 Page 22 of 166 License ID:RCE-69410 11341 W Chinden Blvd. PO Box 83720 Boise, ID 83720-0063 (208) 334-3233 dopl.idaho.gov Brad Little Governor Russell Barron Administrator State of Idaho Division of Occupational and Professional Licenses CERTIFICATION OF RECORD Date of Certification: 31-Mar-2025 Public Record Licensee Name: SNAKE RIVER DRILLING LLC License Type: General Contractor License Number: RCE-69410 Date of License Issuance: 09-Feb-2024 Expiration Date: 09-Feb-2026 Hours of CE (at the time of request): 0 License Status: Active If you have any questions, please contact the Division at dopl.idaho.gov/onlineservices or by calling (208) 334-3233. NOTE: The information contained on this letter is being made available as a public service by the Division of Occupational and Professional Licenses. The information on this letter is made public pursuant to the Idaho Public Records Law. The data is derived directly from individual license applications entered into the database. Licensing credentials are primary-source verified and thus can be considered primary source license verification. None of the content contained on this letter is intended to constitute legal or professional advice. Please note that some disciplinary actions against licensees may not appear immediately. Appeals, effective dates of orders and other administrative processes may delay posting on the information. Russell Barron Division Administrator Ammon City Council June 5, 2025 Page 23 of 166 ESTIMATE Snake River Drilling LLC 2184 Channing Way PO Box # 246 Idaho Falls, ID 83404-8034 office@snakeriverdrilling.com +1 (208) 690-4830 www.snakeriverdrilling.com Bill to Bryan Bankhead City of Ammon Fiber 2135 S Ammon Rd Ammon, ID 83406 United States Estimate details Estimate no.: 1026 Estimate date: 05/27/2025 #Date Product or service Description Qty Rate Amount 1.Directional Drilling 1x1.25"9005 $9.00 $81,045.00 2.Directional Drilling 2x1.25"3120 $11.00 $34,320.00 3.Directional Drilling 2x1.25"+1x2"935 $16.00 $14,960.00 4.Directional Drilling 2x2"400 $15.00 $6,000.00 Note to customer Trailwood Village Completion - No Restoration Total $136,325.00 Accepted date Accepted by Ammon City Council June 5, 2025 Page 24 of 166 ESTIMATE Snake River Drilling LLC 2184 Channing Way PO Box # 246 Idaho Falls, ID 83404-8034 office@snakeriverdrilling.com +1 (208) 690-4830 www.snakeriverdrilling.com Bill to Bryan Bankhead City of Ammon Fiber 2135 S Ammon Rd Ammon, ID 83406 United States Estimate details Estimate no.: 1027 Estimate date: 05/27/2025 #Date Product or service Description Qty Rate Amount 1.Directional Drilling 1x1.25"9005 $9.00 $81,045.00 2.Directional Drilling 2x1.25"3120 $11.00 $34,320.00 3.Directional Drilling 2x1.25"+1x2"935 $16.00 $14,960.00 4.Directional Drilling 2x2"400 $15.00 $6,000.00 5.Ground Restoration 1 $17,000.00 $17,000.00 Note to customer Trailwood Village Completion - With Restoration Total $153,325.00 Accepted date Accepted by Ammon City Council June 5, 2025 Page 25 of 166 To: Mayor Sean Coletti and the Ammon City Council. Snake River Drilling responds to the City of Ammon, Idaho Request for Proposals (RFP) for Fiber Optic Construction - Ammon Townsite Ammon City Council June 5, 2025 Page 26 of 166 Scope of work: Snake River Drilling LLC has reviewed the scope of work and feels comfortable moving forward with the understanding that City of Ammon will provide all materials used for this project. This is understood to include conduit, couplers, gravel, fill dirt, and other materials. Options: Snake River Drilling LLC has provided estimates for both options requested. One that includes ground restoration and one that does not. Contact Information & Organizational Structure: Dylan Brooks 2527 Fieldstone Dr, Ammon, ID, 83401 208-539-7704 dylan@snakeriverdrilling.com Project Manager - Principal in Charge Dan Tracy 3723 Amarillo Dr, Ammon, ID, 83401 208-390-5318 dan@snakeriverdrilling.com General Laborer Insurance: Snake River Drilling LLC carries insurance specific to directional drilling and the activities that it includes. A COI specific to the City of Ammon can be provided if requested. Project Start: Snake River Drilling LLC accepts that the project completion time is 90 days after being awarded along with the applicable penalty. Snake River Drilling LLC will request a start date that allows it to complete other obligations it has, but also allows for the City of Ammon to be the focus point when it starts. Ammon City Council June 5, 2025 Page 27 of 166 License ID:RCE-69410 11341 W Chinden Blvd. PO Box 83720 Boise, ID 83720-0063 (208) 334-3233 dopl.idaho.gov Brad Little Governor Russell Barron Administrator State of Idaho Division of Occupational and Professional Licenses CERTIFICATION OF RECORD Date of Certification: 31-Mar-2025 Public Record Licensee Name: SNAKE RIVER DRILLING LLC License Type: General Contractor License Number: RCE-69410 Date of License Issuance: 09-Feb-2024 Expiration Date: 09-Feb-2026 Hours of CE (at the time of request): 0 License Status: Active If you have any questions, please contact the Division at dopl.idaho.gov/onlineservices or by calling (208) 334-3233. NOTE: The information contained on this letter is being made available as a public service by the Division of Occupational and Professional Licenses. The information on this letter is made public pursuant to the Idaho Public Records Law. The data is derived directly from individual license applications entered into the database. Licensing credentials are primary-source verified and thus can be considered primary source license verification. None of the content contained on this letter is intended to constitute legal or professional advice. Please note that some disciplinary actions against licensees may not appear immediately. Appeals, effective dates of orders and other administrative processes may delay posting on the information. Russell Barron Division Administrator Ammon City Council June 5, 2025 Page 28 of 166 ESTIMATE Snake River Drilling LLC 2184 Channing Way PO Box # 246 Idaho Falls, ID 83404-8034 office@snakeriverdrilling.com +1 (208) 690-4830 www.snakeriverdrilling.com Bill to Bryan Bankhead City of Ammon Fiber 2135 S Ammon Rd Ammon, ID 83406 United States Estimate details Estimate no.: 1028 Estimate date: 05/27/2025 #Date Product or service Description Qty Rate Amount 1.Directional Drilling 1x1.25"11350 $10.00 $113,500.00 2.Directional Drilling 2x1.25"5665 $12.50 $70,812.50 3.Directional Drilling 2x1.25"+1x2"1600 $16.00 $25,600.00 4.Directional Drilling 3x1.25"200 $16.00 $3,200.00 5.Ground Restoration 1 $23,000.00 $23,000.00 Note to customer Ammon Townsite - With Restoration Total $236,112.50 Accepted date Accepted by Ammon City Council June 5, 2025 Page 29 of 166 ESTIMATE Snake River Drilling LLC 2184 Channing Way PO Box # 246 Idaho Falls, ID 83404-8034 office@snakeriverdrilling.com +1 (208) 690-4830 www.snakeriverdrilling.com Bill to Bryan Bankhead City of Ammon Fiber 2135 S Ammon Rd Ammon, ID 83406 United States Estimate details Estimate no.: 1029 Estimate date: 05/27/2025 #Date Product or service Description Qty Rate Amount 1.Directional Drilling 1x1.25"11350 $10.00 $113,500.00 2.Directional Drilling 2x1.25"5665 $12.50 $70,812.50 3.Directional Drilling 2x1.25"+1x2"1600 $16.00 $25,600.00 4.Directional Drilling 3x1.25"200 $16.00 $3,200.00 Note to customer Ammon Townsite - No Restoration Total $213,112.50 Accepted date Accepted by Ammon City Council June 5, 2025 Page 30 of 166 Ammon City Council June 5, 2025 Page 31 of 166 Ammon City Council June 5, 2025 Page 32 of 166 Ammon City Council June 5, 2025 Page 33 of 166 Ammon City Council June 5, 2025 Page 34 of 166 Ammon City Council June 5, 2025 Page 35 of 166 Ammon City Council June 5, 2025 Page 36 of 166 Ammon City Council June 5, 2025 Page 37 of 166 Ammon City Council June 5, 2025 Page 38 of 166 June 5, 2025 Ammon City Council Mayor Coletti and City Councilmembers: Contract for Service with Ronald McDonald House Charities of Idaho Staff Presenting: Micah Austin, City Administrator Recommendation -Approval of the request. Summary of Analysis 1.Ronald McDonald House Charities is requesting a contract for service for $4500 with the City of Ammon. This contract would provide for a movie venue. The venue anticipated would be Melaleuca Field. 2.According to the $4500 contract submitted, the Ronald McDonald House will provide the following: a.Scope of Services. RMHC of Idaho shall provide the following services: i.Provide the residents of Ammon with some family fun at the Waterfront on Snake River Landing during the "Family Fun Run and Carnival". ii.Ammon residents will be able to enjoy a 5K, kids Fun Run and Carnival activities June 21, 2025. iii.Ammon residents will be able to enjoy the race for free, then buy low cost tickets to the Carnival, which will include class carnival games like "ring the bottle" and balloon iv.Ammon residents can enjoy the event from 10:00am to 3:00pm on June 21, 2025 v.$4,500 - Venue Sponsor recognition includes 1.Logo on event map 2.Logo included on all volunteer lanyards 3.Opportunity for giveaway items included in gift bags 4.Sponsor banner and opportunity for on-site presence at each movie 5.200 comped tickets for the carnival Financial Impact -Contracts for Service are paid from GL#10-408-600. This line item has adequate funding. Motion “I move to approve the contract for service with Ronald McDonald House Charities of Idaho, in the amount of $4,500.” Attachments: 1.FY 25 Contract for Service with Ronald McDonald House Charities of Idaho. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council June 5, 2025 Page 39 of 166 CONTRACT FOR SERVICES (City of Ammon and Ronald McDonald House Charities of Idaho) THIS CONTRACT FOR SERVICES (“Agreement”) is made and entered into this 5 day of June, 2025, by and between the CITY OF AMMON, an Idaho municipal corporation (hereinafter referred to as “Ammon”) and RMHC of Idaho/Ronald McDonald Family Room in Idaho Falls, an Idaho non-profit corporation (hereinafter referred to as “RMHC of 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 and promote cultural and recreation opportunities for Ammon citizens; B.RMHC of Idaho 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 RMHC of Idaho 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 RMHC of Idaho 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 RMHC of Idaho 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 RMHC of 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 $4,500 to RMHC of Idaho. Subject to the terms and conditions set forth herein, Ammon shall make one lump sum payment on or before September 30, 2025. 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 October 1, 2024, until September 30, 2025. 3.Scope of Services. RMHC of Idaho shall provide the following services: i.Scope of Services. RMHC of Idaho shall provide the following services: 1.Provide the residents of Ammon with some family fun at the Waterfront on Snake River Landing during the "Family Fun Run and Carnival". -1-Ammon City Council June 5, 2025 Page 40 of 166 2.Ammon residents will be able to enjoy a 5K, kids Fun Run and Carnival activities June 21, 2025. 3.Ammon residents will be able to enjoy the race for free, then buy low cost tickets to the Carnival, which will include class carnival games like "ring the bottle" and balloon 4.Ammon residents can enjoy the event from 10:00am to 3:00pm on June 21, 2025 5.$4,500 - Venue Sponsor recognition includes a.Logo on event map b.Logo included on all volunteer lanyards c.Opportunity for giveaway items included in gift bags d.Sponsor banner and opportunity for on-site presence at each movie e.200 comped tickets for the carnival 4.Budget, IRS Filings, Annual Work Plan, Monthly Record Keeping and Availability of Records. a.Budget. Upon request from the City of Ammon, RMHC of Idaho shall submit a Year-to-Date P&L and Balance Sheet for the past two fiscal years, which is satisfactory to Ammon showing income, expenses and particular fund balances. Upon request by Ammon,RMHC of Idaho shall submit its current Operating Budget to Ammon when such budget has been approved by the RMHC of 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, RMHC of 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, RMHC of 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 RMHC of 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 RMHC of Idaho’s financial records. Any duly authorized agents of the City shall be entitled to inspect and audit all books and records of RMHC of 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, RMHC of 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, RMHC of 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. RMHC of 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 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 -2-Ammon City Council June 5, 2025 Page 41 of 166 transactions undertaken by RMHC of Idaho under this Agreement to ensure compliance with the terms and conditions herein with reasonable prior notice and during the normal business hours of RMHC of Idaho. 5.Payments. To receive payments for the services described in Section 3 of this Agreement, RMHC of 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,RMHC of 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 RMHC of 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 RMHC of 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 RMHC of Idaho 3200 Channing Way, Suite 106 Idaho Falls, ID 83404 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 RMHC of Idaho’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,RMHC of Idaho 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 RMHC of Idaho hereby agree that the RMHC of 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. RMHC of Idaho, its agents and employees shall not receive nor be entitled to any -3-Ammon City Council June 5, 2025 Page 42 of 166 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. RMHC of Idaho shall be solely responsible for the payment of all payroll and withholding taxes for amounts paid to RMHC of Idaho under this Agreement and for RMHC of Idaho’s payments for work performed in performance of this Agreement by RMHC of Idaho, its agents and employees; and RMHC of 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. RMHC of Idaho acknowledges that Ammon is a public agency subject to the Idaho Public Records Act. RMHC of 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 RMHC of Idaho, in whole or in part, without the prior written consent of Ammon. f.Hold Harmless Agreement. RMHC of 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 RMHC of 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 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. -4-Ammon City Council June 5, 2025 Page 43 of 166 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 RMHC of 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. RMHC of Idaho 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 RMHC of Idaho ______________________________________________________________ Sean J. Coletti, Mayor RMHC of Idaho Community Engagement, Director ATTEST: ______________________________ Micah Austin, Interim City Clerk -5-Ammon City Council June 5, 2025 Page 44 of 166 Ammon City Council June 3, 2025 Mayor Coletti and City Councilmembers: Resolution 2025-006R, Amending the City of Ammon Personnel Policy Manual Staff Presenting: April Forrest, Human Resources Director Micah Austin, City Administrator Recommendation -Approve the proposed changes to the Personnel Policy Manual by adopting Resolution 2025-006R Summary of Analysis 1.The current Personnel Policy Manual was adopted on April 18, 2024 by Resolution 2024-011R. 2.The proposed updates to the Personnel Policy Manual will be presented at the June 5, 2025 meeting by the Human Resources Director and City Administrator. 3.Highlighted Updates from the proposed Personnel Policy Manual: a.Addition of a Conflicts of Interest Policy b.Addition of a Romantic Relationships in the Workplace Policy c.Addition of an Artificial Intelligence (AI) Employee Use Policy d.Addition of a Telecommuting Policy e.Miscellaneous smaller corrections/additions as it has been over a year since the manual has been updated. Financial Impact -No financial impacts are anticipated from these proposed changes. Motion “I move to approve Resolution 2025-006R adopting the changes to the City of Ammon Personnel Policy Manual.” Attachments: 1.City of Ammon Personnel Policy Manual. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council June 5, 2025 Page 45 of 166 CITY OF AMMON BONNEVILLE COUNTY, IDAHO RESOLUTION NO. 2025-006 (Amendment of Personnel Policy Manual) A RESOLUTION UPDATING THE ADOPTED THE CITY OF AMMON PERSONNEL POLICY MANUAL; PROVIDING FOR RESCISSION AND REPEAL OF ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, THE CITY OF AMMON, Bonneville County, Idaho, has adopted, by Ordinance, Section 1-15-6, the provision allowing the adoption of policies, procedures, specifications and standards by resolution; and WHEREAS, the current Personnel Policy Manual was adopted on April 18, 2024 by Resolution 2024-011R; and WHEREAS, the City Council has examined the City of Ammon Personnel Policy Manual and have determined, and hereby find, that such procedures and policies should be adopted to allow for consistency in the policies, procedures and programs regarding inspections of subdivision improvements within the City; and NOW THEREFORE, be it hereby resolved by the Mayor and City Council of the City of Ammon, Bonneville County, Idaho as follows: Section 1. That the City Council does hereby find that the amended policies and procedures as set forth in Exhibit A to this Resolution are reasonable and necessary. The same Exhibit A is hereby adopted as the official policy of the City of Ammon. Section 2. That a copy of this Resolution shall be posted in the Clerk’s Office and subject to examination by any interested party. Section 3. That all resolutions heretofore adopted which are in conflict herewith, are hereby rescinded and appealed. Section 4. This resolution shall be in full force and effect upon the passage and approval by the City Council and the Mayor, and shall take effect as of the 5 day of June, 2025. Passed by the City Council and approved by the Mayor this 5th day of June, 2025. CITY OF AMMON By: ____________________________________ ATTEST: Sean Coletti, Mayor _______________________________________ Micah Austin, Interim City Clerk RESOLUTION 2025-006 CITY OF AMMON PERSONNEL POLICY MANUAL Page 1 of 2 Ammon City Council June 5, 2025 Page 46 of 166 EXHIBIT A RESOLUTION 2025-006 CITY OF AMMON PERSONNEL POLICY MANUAL Page 2 of 2 Ammon City Council June 5, 2025 Page 47 of 166 Ammon City Council June 5, 2025 Page 48 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 2 Ammon City Council June 5, 2025 Page 49 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 3 AMMON PERSONNEL POLICY MANUAL This policy establishes a safe, efficient and cooperative working environment, establishes the responsibilities and level of performance expected of all City employees and explains certain benefits provided to City employees. The policies and benefit offerings outlined in this policy are subject to change at any time, without prior notice to, and consent of, city employees. Changes may be made at the sole discretion of the City Council. All employees of the City are At-Will and are employed at the discretion of the Mayor and City Council and will have no right to continued employment or employment benefits, except as may be agreed to in writing and expressly approved by the City Council. This personnel policy is not a contract of employment and is not intended to specify the duration of employment or limit the reasons for which an employee may be discharged. All provisions of this Policy will be interpreted in a manner consistent with this paragraph. In the event of any irreconcilable inconsistencies, the terms of this paragraph will prevail. Only a written contract expressly authorized by the City Council can alter the at-will nature of employment by the City, notwithstanding anything said by an Elected Official or supervisor. Updated Policy Date: June 5, 2025, Resolution 2025-006R April 18, 2024, Resolution 2024-011R May 4, 2023, Resolution 2023-002R June 2, 2022, Resolution 2022-003R April 15, 2021, Resolution 2021-006R December 20, 2018-Resolution 2018-020R July 12, 2018-Resolution 2018-006R February 4, 2016-Resolution 2016-002 December 18, 2014-Resolution 2014-012 February 2, 2012-Resolution 2012-002 Ammon City Council June 5, 2025 Page 50 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 4 MISSION STATEMENT To serve the public interest by proactively meeting the present and future needs of the community in a fiscally responsible manner. Through leadership, education, public input, and organized planning efforts, we will maintain respect for our history, conserve our resources for the future, promote equality, and enhance the family friendly community of Ammon. Ammon City Council June 5, 2025 Page 51 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 5 Table of Contents SECTION 1: GENERAL POLICIES 7 INTRODUCTION TO PUBLIC EMPLOYMENT 7 EQUAL EMPLOYMENT OPPORTUNITY STATEMENT 7 VETERAN'S PREFERENCE 8 NEPOTISM AND CONFLICT OF INTEREST PROHIBITED 8 PREFERENCE FOR PROMOTION FROM WITHIN 9 SECTION 2: EMPLOYMENT START-UP 10 EMPLOYMENT FORMS TO BE COMPLETED 10 PAYROLL REPORTING SYSTEMS 10 DISTRIBUTION OF POLICY 10 INTRODUCTORY PERIOD 10 POSITION REQUIREMENTS 11 SECTION 3: RULES OF EMPLOYEE CONDUCT 12 PERSONAL PERFORMANCE AND BEHAVIOR 12 WORKPLACE CONDUCT 154 PROHIBITED WORKPLACE CONDUCT 165 ROMANTIC RELATIONSHIPS IN THE WORKPLACE 17 PROHIBITED DISCRIMINATORY HARASSMENT POLICY 209 DRUG AND ALCOHOL FREE WORKPLACE POLICY 21 VEHICLE, EQUIPMENT USE, AND DRIVING SAFETY POLICY 27 TECHNOLOGY USE POLICY 32 SOCIAL MEDIA POLICY 38 AI (ARTIFICIAL INTELLIGENCE) EMPLOYEE USE POLICY 40 TELECOMMUTING POLICY 42 THE CITY OF AMMON COMPLAINT PROCEDURE 45 SECTION 4: EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS 47 CLASSIFYING EMPLOYEES FOR POLICY PURPOSES 47 COMPENSATION POLICIES 48 EMPLOYEE BENEFITS 55 SECTION 5: EMPLOYEE EVALUATION AND DISCIPLINE 64 EVALUATION PROCEDURES 64 EMPLOYEE PERSONNEL FILES 64 EMPLOYEE DISCIPLINE PROCEDURES AND PRINCIPLES 65 Ammon City Council June 5, 2025 Page 52 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 6 OPPORTUNITY TO BE HEARD—ASSERTIONS OF UNLAWFUL DISCRIMINATION AND RETALIATION AND “NAME-CLEARING HEARING” 66 SECTION 6: SEPARATION FROM EMPLOYMENT 68 REDUCTION IN FORCE 68 REINSTATEMENT PREFERENCE 68 RETIREMENT POLICY 68 COBRA BENEFITS 68 EXIT INTERVIEW 68 RESIGNATION POLICY 69 ABANDONMENT 69 APPENDIX A: SIGNATURE PAGE OF RECEIPT AND UNDERSTANDING 70 APPENDIX B: NEW DRIVER CONTRACT 72 APPENDIX C: Controlled Substance Testing Consent Form for Current Employees 74 APPENDIX D: DOT Drug Testing Consent Form for Current Drivers 75 Ammon City Council June 5, 2025 Page 53 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 7 SECTION 1: GENERAL POLICIES 1. INTRODUCTION TO PUBLIC EMPLOYMENT 1.1. Working for the City of Ammon, hereafter referred to as ‘the City’, may be somewhat different from any employer for which you may have worked in the past. The City is a political subdivision of the State of Idaho, though it is not a part of state government. The City Council, hereafter referred to as ‘the Council’, serves as the governing entity for the City, carrying out local legislative duties and fulfilling other obligations. Only the Council has authority to establish general policy for employees, including terms and conditions of employment. The Council also appoints personnel to help carry out its administrative responsibilities. 1.2. Each employee should recognize that although he/she may serve as an employee in the office of an elected or appointed official, he/she remains an employee of the City, not of the official who supervises his/her work. The terms and conditions set forth in this policy, and in the resolutions and policy statements which support it, cannot be superseded by any other official's commitment, without the express written agreement of the Council or Mayor. That is particularly true for terms or conditions which would establish a financial obligation for the City, now or in the future. It is important that all employees understand the relationship between policy adopted by the Council and department policy implemented by other officials. 1.3. The terms set forth in this booklet reflect City policy at the time of its printing, and are subject to change at any time, without prior notice, and at the sole discretion of the Council. 1.4. As with all elected public officials, the Council is ultimately responsible to the voters of the City. 2. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT 2.1. All selection of City employees and all employment decisions, including classification, transfer, discipline, and discharge, shall be made without regard to race, color, religion, gender, age, national origin, sexual orientation, veteran status, non-job related disability, or any other characteristic protected by applicable law. No job or class of jobs will be closed to any individual except where a mental or physical attribute, gender, or age is a bona fide occupational qualification. It is the policy of the City to comply in all respects with the Americans with Disabilities Act. All objections to application of the City’s policy, Ammon City Council June 5, 2025 Page 54 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 8 in this regard, shall be brought to the attention of the Mayor, or in the case of objection to actions undertaken by the Mayor, to legal counsel for the City. 3. VETERAN'S PREFERENCE 3.1. The City will accord a preference to employment of veterans of the U.S. Armed Services in accord with provisions of Idaho Code § 65-502 or its successor. In the event of equal qualifications for an available position, a veteran who qualifies for preference pursuant to Idaho Code § 65-502 or its successor will be employed. 4. NEPOTISM AND CONFLICT OF INTEREST PROHIBITED 4.1. No person shall be employed by the City when said employment would result in a violation of the anti-nepotism provisions found in Idaho Code Title 74, §18- 1359 or their successors. Any such appointment shall be void. No person related to a Mayor or member of a City Council within the second degree by blood or marriage may be hired or appointed if the pay is from public funds. No person related to a manager may report directly to them. 4.2. CONFLICTS OF INTEREST Purpose: To ensure that all City of Ammon employees act with impartiality and integrity, and to avoid situations where personal interests could potentially influence or appear to influence the performance of their official duties. This policy is established in accordance with and is guided by the provisions outlined in Idaho Code Title 74, Chapter 4, the "Ethics in Government Act," and other relevant state laws. Employees should consult with the Human Resource Department or City Attorney regarding questions about actual or potential conflicts of interest. Policy: 1. General Principle: City of Ammon employees shall avoid any activity, interest, or relationship that constitutes a conflict of interest or results in an economic gain as defined in Idaho Code § 74-403(4) and (5) or that otherwise conflicts, or appears to conflict, with the best interests of the City of Ammon or Idaho Code Title 74, Chapter 4. Employees must conduct themselves in a manner that fosters public trust and confidence in the integrity of city government. 2. Disclosure Requirement: Any employee who becomes aware of a potential or actual conflict of interest must promptly disclose the matter in writing to their immediate supervisor or the Human Resources Director, the City Attorney, the City Administrator or any elected official. This disclosure should include all relevant details of the potential conflict. Employees that are aware of a potential or actual conflict of interest Ammon City Council June 5, 2025 Page 55 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 9 involving any employee or official of the City of Ammon should promptly disclose the matter in order to avoid a violation of the Personnel Policy Manual and this Conflict of Interest policy. 3. Examples of Potential Conflicts: No presumption of guilt is created by the mere existence of a relationship with outside firms. However, if employees have any influence on transactions involving purchases, contracts, or leases, it is imperative that they disclose as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties. Personal gain may result not only in cases where an employee or relative has a significant ownership in a firm with which the City of Ammon does business, but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the City of Ammon. While not exhaustive, the following are examples of situations that may constitute a conflict of interest under Idaho Code Title 74, Chapter 4 and other relevant laws: a. Having a direct or indirect financial interest that results in an economic gain or pecuniary benefit by an official action or decision, as defined in Idaho Code § 74-403(4) and (5). b. Accepting gifts, favors, or preferential treatment from individuals or entities seeking to do business with the City of Ammon, where such acceptance could reasonably be interpreted as an attempt to influence official action (See also Idaho Code § 18-1356). c. Using City of Ammon resources, equipment, or information for personal gain or the benefit of others which is not part of official City business. d. Holding a position or engaging in activities with an outside organization that could compromise the employee's ability to impartially or fully perform their City of Ammon duties. This includes any activities which may conflict with the employee’s City responsibilities or which may be conducted during the employee’s City working hours. e. Participating in decisions or recommendations that directly affect the financial or personal interests of the employee, members of a household as defined by Idaho Code §74-403(7), those within the second degree of consanguinity, or close associates. 4. Review and Determination: Upon disclosure, the Human Resources Director, in consultation with the Mayor, City Administrator, and/or the City Attorney will review the matter and determine whether a conflict of interest exists and, if so, the appropriate course of action, consistent with Idaho Code § 74-404. This may include, but is not limited to, requiring the employee to recuse themselves from certain decisions or activities, implementing a management plan to mitigate the conflict, disciplinary action up to and including termination of employment, or taking other Ammon City Council June 5, 2025 Page 56 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 10 appropriate measures consistent with Idaho law and City of Ammon policy. 5. Compliance with Idaho Code: All employees are expected to be familiar with and adhere to the provisions of Idaho Code Title 74, Chapter 4, and other relevant Idaho laws regarding ethical conduct. Failure to comply with this policy or applicable state law may result in disciplinary action, up to and including termination of employment. 5. PREFERENCE FOR PROMOTION FROM WITHIN 5.1. Qualified individuals who are already employees of the City may be given preference over outside applicants to fill vacancies in the workforce. This preference does not apply to department head positions. 5.1.1. Internal Job Postings. The City may, at its discretion, post job openings internally to allow qualified current employees the opportunity to apply for positions before they are advertised to the public. This internal posting period provides employees with the chance to advance or transfer within the organization. External posting will only occur after the internal posting period has ended. 5.1.2. Re-Employment of Seasonal Employees. Seasonal employees whose employment ended solely due to the seasonal nature of the work and who left in good standing are eligible for reemployment. These individuals shall retain a first right to return for one year from the date of their separation. Employees shall retain a preference only for work for positions for which they are fully qualified and for which available service requirements can be met. Re-employment will be facilitated through an internal job posting process, at the discretion of the department head. Ammon City Council June 5, 2025 Page 57 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 11 SECTION 2: EMPLOYMENT START-UP 1.EMPLOYMENT FORMS TO BE COMPLETED 1.1. The following pre-employment forms must be completed before the employee may begin work for the City: 1.1.1. Employment application form. 1.1.2. Employee’s withholding allowance (Form W-4). 1.1.3. Immigration form (I-9), with accompanying identification. 1.1.4. Criminal background check for all employees. 1.1.5. Benefit forms. 2.PAYROLL REPORTING SYSTEMS 2.1. Reports of hours worked and time on and off the job must be completed in a timely manner in accord with procedures established by this policy and the Finance Department. Employee time reports shall contain a certification that it is a true and correct record of the employee's time and benefit usage for the time period covered and must be signed by both the department head and by the employee. 3.DISTRIBUTION OF POLICY 3.1. At time of employment, each employee should receive a copy of the personnel policy. It is the responsibility of the employee to familiarize himself/herself with the contents of the personnel policy and to acknowledge its receipt. Voluntary acceptance of this policy and addendums are required for all City employees and officials, unless otherwise noted or rendered invalid by law. Periodic updates or changes shall be distributed and acknowledged. 4.INTRODUCTORY PERIOD 4.1. Employees of the City are subject to a three-month introductory period where employees must demonstrate their abilities to handle the responsibilities of their new position. The City uses this three-month period to determine if the employee meets the job requirements for which the employee was hired. During this three-month introductory period either the employee or the City may end the employment relationship at will, with or without cause or advance notice. Ammon City Council June 5, 2025 Page 58 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 12 4.2. Employees who transfer or promote to another position within the City shall be subject to the same three-month introductory period. If the employee is terminated during this introductory period, they may be returned to their previous position or transferred to another position they are fully qualified for if such a vacancy exists with the City. Department heads or Council may extend the introductory period. 5.POSITION REQUIREMENTS 5.1. Positions requiring specific qualifications, such as certifications or licenses shall detail the requirement(s) in their respective job description. This includes positions that require a valid Commercial Driver’s License. Except when authorized by the City Administrator, in no case shall the City bear the costs associated with the acquisition of a qualification which is a stated condition for hiring. Ammon City Council June 5, 2025 Page 59 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 13 SECTION 3: RULES OF EMPLOYEE CONDUCT 1. PERSONAL PERFORMANCE AND BEHAVIOR 1.1. Each employee of the City is expected to conduct himself/herself as a professional in harmony with the high standards of the City as established by its mission statement, policies and other stated goals. Each employee must recognize that public employees are subject to additional public scrutiny in their public and personal lives because the public's business requires the utmost integrity and care. In order to accomplish the goals of the City as a public institution, each employee is expected to avoid personal behaviors which would bring unfavorable public impressions of the City and its officials. In order to accomplish this, each employee: 1.1.1. SHALL be prompt and regular in attendance at work or other required job functions. Reports of chronic lateness shall be investigated by the managing official and appropriate disciplinary action, including dismissal, will be taken if the tardiness continues. Individual department rules may apply. 1.1.2. SHALL comply with dress standards established in the department for which the employee works. Dress, grooming, and personal cleanliness of employees affects the morale and productivity of other employees in the workplace and the image which the City presents to the public. All employees are expected to maintain dress, grooming, and personal hygiene standards which are appropriate for their work assignment. Radical departures from conventional dress or personal grooming and hygiene standards are prohibited in the workplace or when representing the City except when specifically authorized by management. Dress standards shall be set by the managing official, but in the absence of any departmental dress standards, clothing shall be appropriate for the functions performed and shall present a professional appearance to the public. 1.1.2.1. Shoes must provide safe, secure footing, and offer protection against hazards. Dress shorts in the summer are permitted, as long as they are not more than two inches above the knee. Mustaches and beards should be clean and well-trimmed. It is not in the interest of management to dictate the private rights of its employees in regards to body piercing, but because of the safety factors in working machinery and the overall image we want to present to our constituents, pierced jewelry shall be professional and unobtrusive. Ammon City Council June 5, 2025 Page 60 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 14 1.1.2.2. In the case of known meetings with customers and fellow business people, the dress should be appropriate for the meeting. If you are in doubt about what is appropriate in these cases, it is your responsibility to contact your managing supervisor for direction in this matter. 1.1.2.3. Employees who do not meet established personal appearance, dress, or cleanliness standards may be required to leave work, if necessary, until the problem is corrected. Employees generally will not be compensated for time lost when they are required to leave work to comply with established personal appearance requirements. Repeated violations may result in disciplinary action up to and including termination of employment. 1.1.3. SHALL dedicate primary efforts to City employment. Individual departments have the right to establish unacceptable secondary employment for department personnel. 1.1.4. SHALL avoid conflicts in appointments and working relationships with other employees in the City and related agencies. No employee shall engage in conduct which violates Idaho Code § 18-1356 conflict of interest laws. 1.1.5. SHALL work cooperatively and constructively with fellow workers and members of the public to provide public service of the highest quality and quantity. 1.1.6. SHALL show a sincere regard for the feelings and self-respect of others. Courtesy is more than surface politeness; genuine regard for others is recognized in the way you treat constituents and staff or answer the telephone. Tolerance for other people’s shortcomings, as well as awareness of your own, should be the standard by which employees interact with each other and the public. Positive and productive interactions should be the goal of every employee. 1.1.7. SHALL be professional and on task when performing job functions. Unprofessional behavior, such as “horseplay” detracts from quality of work, poses a safety risk and will not be tolerated. 1.1.8. SHALL not accept gifts or gratuities in excess of $50.00 in any professional capacity which could create partiality or the impression of partiality. 1.1.9. SHALL not serve on any board or commission which regulates or otherwise affects the official duties or personal interests of said official or employee in a way that could create disadvantage for other members of the public or advantage for the employee. 1.1.10. SHALL not release personnel information or any other public record without the express authority of the public official responsible for custody of the record, without an order from a court of competent jurisdiction, or an approved request for public information form. 1.1.11. SHALL not use substances, unlawful or otherwise, which will impair the employee's ability to function as a valued and competent part of the City Ammon City Council June 5, 2025 Page 61 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 15 workforce. 1.1.12. SHALL not engage in workplace or public conduct otherwise detrimental to the accomplishment of the goals established by the Council or the official or department for whom he/she works. 1.1.13. SHALL respect the workplace and your co-workers that may be sensitive to fragrances and cologne by limiting the use of these products in the workplace. 2. WORKPLACE CONDUCT 2.1. Each employee shall be expected to conduct him/herself in the workplace in accordance with the following rules. These rules are not to be considered an all- inclusive list of required conduct for City employees. Rather the following rules are provided to establish fundamental policy guidelines which help define what is expected and required of all employees. Each employee: 2.1.1. SHALL give his/her best efforts to accomplish the work of the City for public benefit in accordance with policies and procedures adopted by the elected officials. Each employee shall be subject to the administrative authority of the official who supervises the department where the employee works. 2.1.2. SHALL adhere to any code of ethics in his/her profession and avoid conflicts of interest or using his/her public position for personal gain. 2.1.3. SHALL follow all rules for care and use of public property to assure that the public investment in equipment is protected and that the safety of the public and other workers is maintained. 2.1.4. SHALL abide by all departmental rules whether they be written or issued verbally by the managing official. No employee shall be required to follow the directive of a managing official which violates laws of any local jurisdiction, the state, or nation. 2.1.5. SHALL abide by pertinent State and Federal Statute, and City rules concerning the dissemination of information to the public from public records or about public matters. The decision to release information from the public records or to disclose writings or other information in the hands of a public official belongs with the responsible official who has official custody of that record. Each employee shall maintain the confidential nature of records which are not open to public scrutiny in accordance with the direction of the responsible official. 2.1.6. SHALL follow rules regarding the reporting of work hours. Failure to follow such rules may be grounds for delayed payment of wages, salaries, or reimbursements. Repeated or deliberate violations of time reporting policy shall result in disciplinary action or termination. 2.1.7. SHALL follow department rules regarding breaks and lunch periods. 2.1.8. SHALL follow all rules for reporting on the job accidents. Each employee Ammon City Council June 5, 2025 Page 62 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 16 shall cooperate in the reporting and reconstruction of any job-related accident in order that workplace hazards can be eliminated and that proper consideration can be accorded to injured workers and the public. 2.1.9. SHALL report any accident(s) observed to have happened on City property or involving City property. Each employee shall provide as much information as he/she can from the observations made in the course of activities associated with one's work. Such information should be reported to the employee's managing official as soon as physically possible and reasonable efforts should be made to assist those in need. 2.1.10. SHALL follow all rules regarding safety in the workplace whether established formally by the department or by outside agencies. Employees are encouraged to suggest ways to make the workplace or work procedures safer. 2.1.11. SHALL maintain a current driver's license when necessary in the conduct of work for the City. Each employee must report any state-imposed driving restrictions to his/her managing official. Each employee is also obligated to notify his/her managing official in the event that his/her driving abilities are impaired by anything other than state restrictions. 2.1.12. SHALL perform such obligations as are necessary to carry out the work of the City in an efficient and effective manner at minimal costs and with limited risk to the public and fellow workers. 3. PROHIBITED WORKPLACE CONDUCT 3.1. These rules are not to be considered an all-inclusive list of inappropriate conduct for City employees. Rather these rules establish fundamental policy guidelines which provide a basis to define inappropriate workplace conduct for all employees. Each employee: 3.1.1. SHALL NOT be present in the workplace under the influence of drugs, alcohol, illegal substances or other substances which would impair the ability of the employee to perform his/her work competently or which would threaten the safety or well-being of other workers or the public. No employee should be absent from work as a result of the conditions described above, even though the conduct resulting in the condition actually occurs outside regular working hours. For further information, please see the City of Ammon Drug Free Workplace Policy. 3.1.2. SHALL NOT engage in abusive conduct to fellow employees or to the public, or use abusive language in the presence of fellow employees or the public. Abusive language shall include profanity and loud or harassing speech. 3.1.3. SHALL NOT sleep or be absent from the employee's work station when on duty. 3.1.4. SHALL NOT engage in malicious gossip and/or spreading rumors; Ammon City Council June 5, 2025 Page 63 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 17 engaging in behavior designed to create discord and lack of harmony; willfully interfering with another employee’s work output, horseplay or encouraging others to do the same. 3.1.5. SHALL NOT use work time for personal business including selling of goods or services to the general public or preaching religious or political views to members of the public during the work day. Employees should minimize the amount of work time spent on similar activities engaged with fellow employees. 3.1.6. SHALL NOT engage in political activities while on duty in public service. This rule shall not apply to elected officials or chief deputies to an elected official. Employees shall enjoy full political rights when not carrying out their work obligations. 3.1.7. SHALL NOT provide false or misleading information on employment applications, job performance reports, payroll records or any other related personnel documents or papers. 3.1.8. SHALL NOT willfully give false statements to the public, managing officials, the Council or Mayor. 3.1.9. SHALL NOT discriminate in the treatment of co-workers or members of the public on the basis of race, color, religion, gender, age, disability, sexual orientation, veteran status, or national origin, or any other characteristic protected by applicable law. 3.1.10. SHALL NOT smoke, vape, or use any similar substances within any City vehicle, City building or any other public building. Cigarette butts shall be properly disposed of by depositing in approved waste containers. Employees shall smoke only in designated areas. 3.1.11. SHALL NOT allow unlawful substances or alcoholic beverages either opened or unopened in any City building or vehicle at any time. 3.1.12. SHALL NOT violate state statutes or local rules regarding the inappropriate use, alteration, destruction, or removal of records kept by the City or by other public officials, particularly when required by law. 3.1.13. SHALL NOT abuse employee benefit offerings by taking unjustified Paid Time Off (PTO), unearned paid vacation, or otherwise participate in a scheme or deception designed to create incorrect personnel records or to claim benefits which are not deserved in accordance with the City policy. 3.1.14. SHALL NOT violate rules concerning absence from the workplace. 3.1.15. SHALL NOT engage in prolonged visits with co-workers, children, friends, or family members that will interfere with the course of work in the office or department in which the employee serves. 3.1.16. SHALL NOT use telephones or computers in the office or workplace in a manner that violates policy. All employees are responsible to review, understand, accept and adhere to the City of Ammon Technology Use Policy. 3.1.17. SHALL NOT engage in criminal conduct of any kind while on duty or off. Employees are expected to behave in a lawful and socially acceptable Ammon City Council June 5, 2025 Page 64 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 18 manner. Failure to do so is a violation of the trust placed in such employees by the public and the managing officials. 3.1.18. SHALL NOT violate any lawful rule established by managing officials to maintain order and productivity in the workplace. 3.1.19. SHALL NOT duplicate or misuse City key(s). 3.1.20. SHALL NOT engage in theft or misappropriate City property, equipment, or resources, nor shall employees engage in time theft by falsifying work hours, taking unauthorized breaks, or otherwise misreporting time worked. 4. ROMANTIC RELATIONSHIPS IN THE WORKPLACE 4.1. Purpose: To establish guidelines regarding romantic or intimate relationships between City of Ammon employees in order to maintain a professional, respectful, and equitable work environment, prevent potential conflicts of interest, ensure fair treatment, and avoid perceptions of favoritism or harassment. This policy applies to all City of Ammon employees, regardless of position or department. It is consistent with the City's commitment to a workplace free from discrimination and in accordance with applicable law. 4.1.1. General Expectations: The City of Ammon values a professional and respectful work environment for all employees. While personal relationships may develop outside of work, conduct within the workplace must always maintain professional boundaries. Employees are expected to exercise good judgment and consider the potential impact of their personal relationships on the workplace. 4.1.2. Relationships Between Supervisors and Subordinates are Prohibited: Due to the potential for actual or perceived conflicts of interest, favoritism, and claims of harassment, romantic or intimate relationships between employees where one directly or indirectly supervises or evaluates the other are strictly prohibited. This includes, but is not limited to, managers, lead workers, and any employee with authority over hiring, firing, promotion, discipline, assignment of work, or performance evaluation of another employee. 4.1.2.1. Employees involved in such a relationship must promptly disclose it to their immediate supervisors and/or the HR Department. 4.1.2.2. Upon disclosure, the City will take appropriate action, which may include reassigning one of the employees to a different position or department where a direct or indirect supervisory relationship no longer exists. The City will make reasonable efforts to find Ammon City Council June 5, 2025 Page 65 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 19 suitable reassignments, but there is no guarantee that a reassignment will be possible. The decision regarding reassignment will be made by the City, taking into account the best interests of the City and its workforce. In the event that a reassignment is not possible, one of the employees will be required to resign from their position within 30 days. The Mayor will make the final decision of who will be terminated based on the best interest of the City. 4.1.2.3. Failure to disclose such a relationship may result in disciplinary action, up to and including termination of employment, consistent with City policy and applicable law. 4.1.3. Relationships Between Co-Workers: While romantic or intimate relationships between co-workers who are not in a supervisory relationship are not strictly prohibited, employees involved in such relationships must: 4.1.3.1. Maintain professional conduct and decorum at all times while on City premises or engaged in City business. 4.1.3.2. Ensure that the relationship does not disrupt workflow, create conflicts among other employees, or lead to actual or perceived favoritism or unfair treatment. 4.1.3.3. Refrain from public displays of affection that are inappropriate for a professional workplace. 4.1.3.4. Recognize that if the relationship ends, they must continue to maintain a professional and respectful working relationship. Any behavior that creates a hostile work environment, as defined by applicable law, will not be tolerated and may result in disciplinary action. 4.1.4. Disclosure of Relationships between Non-Supervisory Co-Workers Encouraged: While not mandated for relationships between non- supervisory co-workers, employees are encouraged to disclose such relationships to their supervisor or the HR Department if they believe the relationship could potentially create a conflict of interest or the appearance of one, or if they anticipate it might negatively impact the workplace in any way. 4.1.5. Responsibility of Employees: It is the responsibility of all employees to understand and comply with this policy and to conduct themselves in a manner that upholds the professionalism and integrity of the City of Ammon workplace. Ammon City Council June 5, 2025 Page 66 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 20 4.1.6. City's Right to Take Action: The City of Ammon reserves the right to take appropriate action or disciplinary action, within its discretion, if a romantic or intimate relationship in the workplace is deemed to create a conflict of interest, lead to unprofessional conduct, negatively impact the work environment, or violate this policy or other City policies. Any such action will be taken in accordance with City policy and applicable law. 4.1.7. Relationship to Other Policies: This policy is in addition to and does not supersede other City policies, including those related to harassment, discrimination, ethics, and professional conduct. Employees are expected to adhere to all City policies at all times 4.2. Definitions: 4.2.1. Romantic or Intimate Relationship: For the purpose of this policy, a romantic or intimate relationship is defined as a mutually consensual relationship of a romantic or sexual nature. 4.2.2. Supervisor: Includes any employee who has direct or indirect authority to supervise, direct, evaluate, or make decisions regarding the terms and conditions of employment of another employee. 4.2.3. Subordinate: Any employee who is directly or indirectly supervised, directed, or evaluated by another employee. 5.PROHIBITED DISCRIMINATORY HARASSMENT POLICY 5.1. Policy Statement. The City is committed to providing all of its employees with a workplace free of discrimination and harassment. The City maintains a strict policy prohibiting sexual harassment and discrimination on the basis of race, color, national origin, religion, gender, sex, physical or mental disability, age, veteran status, sexual orientation, or any other characteristic protected by applicable law. This prohibition applies to all employees, vendors, associates, or representatives of the City. 5.1.1. No employee shall tolerate any conduct prohibited by this policy from anyone while at work or engaged in City business. The employee shall report any such prohibited behavior to the appropriate managing official. 5.1.2. This policy is not intended to protect anyone who makes a false allegation of discrimination and harassment. The City reserves the right to take appropriate disciplinary action against any employee who makes a false allegation of harassment. 5.1.3. The term bystander refers to an employee that is not directly involved in a situation but may witness harassment, discrimination or inappropriate workplace conduct. Bystanders are encouraged to speak-up and report this behavior to their supervisor or HR Director. 5.2. Sexual Harassment Defined. Sexual harassment prohibited by this policy includes conduct of a sexual nature when: Ammon City Council June 5, 2025 Page 67 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 21 5.2.1. Submission to such conduct is made a term or condition of employment; or 5.2.2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or 5.2.3. Such conduct has the purpose or effect of interfering with an employee's work or creating an intimidating, hostile or offensive working environment. 5.2.4. Whenever one or more of the conditions above exist, the following shall be considered sexual harassment: 5.2.4.1. Unwanted sexual advances. 5.2.4.2. Offering employment benefits in exchange for sexual favors. 5.2.4.3. Making or threatening retaliation after a negative response to sexual advances. 5.2.4.4. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters. 5.2.4.5. Verbal conduct such as making derogatory comments, epithets, slurs, jokes or comments of a sexual nature about an employee's body or dress. 5.2.4.6. Written communications of a sexual nature distributed in hard copy or via a computer network. 5.2.4.7. Verbal sexual advances or propositions. 5.2.4.8. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations. 5.2.4.9. Inappropriate physical conduct such as touching, assault, impeding or blocking movements. 5.2.4.10. Retaliation for making harassment reports or threatening to report harassment. 5.2.5. This list is not provided as a complete list, but rather to provide direction in defining sexual harassment. 5.2.6. Sexual harassment can occur between employees of the same sex. It is unlawful for males to sexually harass females or other males, and for females to sexually harass males or other females. 5.3. Other Types of Unlawful Discrimination. The City prohibits discrimination on the basis of race, color, national origin, religion, gender, physical or mental disability, age, veteran status, sexual orientation, or any other characteristic protected by applicable law. Such prohibited discrimination includes but is not limited to the following examples of offensive conduct: 5.3.1. Verbal conduct such as threats, epithets, derogatory comments or slurs. 5.3.2. Visual conduct such as derogatory posters, photographs, cartoons, drawings or gestures. 5.3.3. Written communications containing statements, which may be offensive to individuals in a particular protected group, such as racial or ethnic Ammon City Council June 5, 2025 Page 68 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 22 stereotypes or caricatures. 5.3.4. Physical conduct such as assault, unwanted touching or blocking normal movement. 5.3.5. Retaliation for making or threatening to make harassment reports to the City. 6. DRUG AND ALCOHOL FREE WORKPLACE POLICY 6.1. Policy Statement. The City of Ammon has a responsibility to its employees and to the public at large to see that its employees are both drug and alcohol free while on duty. This responsibility comes in light of studies showing that employees who are under the influence of drugs or alcohol while at work are more likely to cause accidents and injuries to themselves and to co-workers, as well as to the public at large. This policy shall prohibit the use of any illegal drug as identified by the Idaho Code, irrespective of the legality of any drug in other States. The terms of this Drug and Alcohol Free Workplace Policy are intended to produce a work environment where employees are free from the effects of drugs, as defined by the Idaho Code and/or alcohol. Employees should be aware that the provisions of this policy may be revised when necessary. The City believes that by having the provisions of this Drug and Alcohol Free Workplace Policy its employees will enjoy the benefits of working in a safer and more productive work environment. For the purpose of this policy, safety-sensitive employees shall be defined as employees whose duties are fraught with such risks of injury to others that even a momentary lapse of attention can have disastrous consequences, or can cause great human loss before any signs of impairment become noticeable to supervisors or others. Safety-sensitive jobs include (but are not limited to): police officers who carry firearms; employees of wastewater treatment plants, if they are required to perform tasks which require them to handle hazardous chemicals; employees who handle hazardous materials; employees who are required to hold a Commercial Driver’s License (CDL) or drive a commercial vehicle. 6.2. Introductory Provisions 6.2.1. Applicability. This policy shall apply to all prospective and current employees of the City, including those employees who operate commercial vehicles for the City (hereafter referred to as “drivers”). Questions regarding this policy should be directed to the employee’s Department Head or to the designated Human Resource person within the City. A copy of this policy is available to all employees. 6.2.2. Possession, Use, or Distribution of Illegal Drugs or Alcohol. The possession, use, purchase, sale, or distribution of illegal drugs as defined in the Idaho Code (meaning those drugs for which there is no generally accepted medical use; i.e. marijuana, cocaine, methamphetamine, PCP) Ammon City Council June 5, 2025 Page 69 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 23 or drug paraphernalia by an employee in a City vehicle, at a job site, on City property, or during work hours, is strictly prohibited, regardless of the legality of such drug in other jurisdiction. Any employee violating this prohibition will be terminated. The City also has a prohibition against employee use of illegal drugs, as defined by the Idaho Code, off the worksite regardless of the legality of such drug in other jurisdictions. An employee's off the job use, manufacture, purchase, possession, sale, or distribution of illegal drugs, or drug paraphernalia that results in criminal charges being brought against the employee will result in the employee being requested to submit to drug testing and may result in the employee being suspended from work without pay. Any employee convicted of a criminal drug statute will be terminated from employment. 6.2.3. Employee’s Use of Alcohol. The City is committed to ensuring that employees are not at work while under the influence of alcohol. Therefore, employees are not to consume alcohol within four (4) hours of reporting to work. Employees are also not to report to work or remain at work while under the influence of alcohol, meaning their having a blood alcohol concentration (BAC) greater than .01. Employees are prohibited from using or possessing alcohol while on duty. 6.3. Drug or Alcohol Testing Required of Employees. 6.3.1. Pre-Employment Testing. 6.3.1.1. All prospective safety-sensitive employees shall be tested for drugs and alcohol. 6.3.1.2. All prospective drivers must disclose to the City any previous employers for whom they have worked as a CDL employee within the previous two (2) years. The City will then request from those employer’s information regarding any incidents where a prospective driver has tested positive for illegal drugs or alcohol, or refused to test, within the previous two (2) years. In the event the City receives information from a former employer that the prospective driver has tested positive for drugs or alcohol within the previous year, that prospective driver will not be offered employment or his/her conditional employment with the City will be terminated. Any driver who is found to have previously tested positive for illegal drugs or alcohol and who is hired by the City must show that he/she has been evaluated by a Substance Abuse Professional and was found to be not drug or alcohol dependent. It will be the City's responsibility to ensure that any required follow-up tests of such drivers are conducted as required by Department of Transportation (DOT) regulations. For the purpose of pre-employment testing, illegal drugs and alcohol shall mean any use inconsistent with the policy regardless of the legality in Ammon City Council June 5, 2025 Page 70 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 24 any other jurisdictions. 6.3.2. Post Accident Testing. Any employee operating a City-owned vehicle or equipment that is involved in an accident that results in damage, results in bodily injury, or results in a police report being filed, must be tested for drugs and alcohol. Refer to the Vehicle, Equipment Use and Driving Safety Policy. 6.3.3. Random Testing. Safety-sensitive employees will be subject to random drug and alcohol testing. Elected officials and members of the boards and commissions that are appointed by the mayor are not required to be drug/alcohol tested. Random testing selections will be unscheduled and will be made by a scientifically valid method of selection where every safety-sensitive employee is equally subject to being tested. Random testing for alcohol will take place prior to, during, or immediately following an employee's duty time. 6.3.4. Reasonable Cause Testing. The City will require an employee to be tested for alcohol and/or illegal drugs, regardless of the legality of a drug in another jurisdiction, if the employee's physical appearance or pattern of behavior gives City officials reason to believe the employee may be impaired. The basis of suspicion may be a specific, contemporaneous event or conduct evidencing impairment observed over a period of time. 6.3.5. Specimen Collection Procedures/Test Result Notification. 6.3.5.1. Submission of an Adulterated or Diluted Specimen. If the collection monitor determines that an employee has submitted an adulterated or diluted specimen, that specimen will be discarded and a second specimen will be requested. It will be the second specimen that will then be tested. If the request for a second specimen is refused, the collector will inform the City of the employee's refusal to submit an acceptable specimen. Such refusal will result in either a prospective employee not being offered employment or a current employee being terminated with the City. 6.3.5.2. Drug Testing Methods. Testing for drugs will be done by the testing of an employee's urine specimen, or saliva specimen if a urine specimen cannot be produced. Drug testing of drivers may utilize the split specimen collection procedure, which may be on or off city premises. Under that procedure, a driver will have his/her urine specimen sealed in two separate containers with both containers tested by a SAMHSA certified laboratory. 6.3.5.3. Positive Test. If an employee’s first specimen tests positive that employee may request within three (3) days of the positive notification that the other specimen be tested at a second Ammon City Council June 5, 2025 Page 71 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 25 SAMHSA laboratory. This second test will be done at the employee's expense, unless the second test comes back negative. During the time the second specimen is being tested, that driver will be suspended without pay. Any employee whose specimen screens positive for the presence of illegal drugs will have their positive test confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs may request the same specimen be retested at their expense. This request must be conveyed to the City within forty-eight hours (48) of the employee being notified of the positive test result. During the time the second test is being conducted, the employee will be suspended without pay. Any employee who is given an alcohol test will be given an initial test and, if they test at or above .01 BAC, a confirmation test will be performed no sooner than 15 minutes after the first test. The confirmation alcohol test will be done by the use of a breath testing device. 6.3.5.4. Refusal. An employee may not refuse to take a drug or alcohol test when requested to do so consistent with the terms of this policy. Such a refusal will be considered equivalent to their testing positive. An employee will be considered as refusing to test if they: 6.3.5.4.1. Expressly refuse to take a test when so requested; 6.3.5.4.2. Fail to provide an adequate breath, saliva, or urine sample without a valid explanation; or, 6.3.5.4.3. Engage in conduct that clearly obstructs the testing process. 6.3.6. Notification of Test Results. 6.3.6.1. All drug test results will be forwarded to the City through an authorized and licensed testing agency, as the representative of the Medical Review Officer (MRO). The MRO will follow up on such information, as is deemed appropriate. 6.3.6.2. If the MRO finds no reason to doubt the validity of the positive test, that result will be conveyed to the City contact, as well as, the identity of the drug. If the employee cannot be located, the MRO, or his representative, may request that the City arrange for the employee to contact the MRO, as soon as possible, to discuss the results of the positive test. The MRO will communicate a positive result to the City without discussing the result with the employee if the employee expressly declines the opportunity to discuss the results of the test, or if the employee is instructed by Ammon City Council June 5, 2025 Page 72 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 26 the City to contact the MRO yet fails to do so within five (5) days of that notification. 6.3.6.3. Any employee who tests positive will be given the opportunity to discuss the results with the staff of the authorized and licensed testing agency, prior to the City taking disciplinary action. In talking with any such individual, the staff of the authorized and licensed testing agency will follow up on all information deemed necessary to resolve the employee’s positive drug test. If it is determined that a prescription drug was the cause of the positive test, the employee’s test will be reported as negative. 6.3.7. Testing Positive for Drugs. 6.3.7.1. Any prospective employee who tests positive for the presence of illegal drugs and/or alcohol, as defined in this policy, will not be hired. 6.3.7.2. Any current employee who tests positive for the presence of illegal drugs as defined by this policy, will be terminated from employment with the City. 6.3.8. Testing Positive for Alcohol. 6.3.8.1. Any current employee who tests positive for alcohol with a blood alcohol content (BAC) .04 and above will be terminated from employment with the City. 6.3.8.2. An employee is considered as testing positive for alcohol when their blood alcohol content (BAC) is .01 or above. If any employee tests between .01 and .039 BAC that employee will not be allowed to return to work for 24 hours from the time of the test and shall not operate any city vehicle or equipment following their positive test. Any employee who tests twice between .01 and .039 BAC within 12 months will be terminated. 6.3.9. Returning to Employment After a Positive Test 6.3.9.1. All employees who previously tested positive on a drug or alcohol test may be provided an opportunity to re-enter the workforce by the City. To do so, the employee must agree to re-entry conditions that ensure the employee is drug and alcohol free. Such conditions may include (but are not limited to): 6.3.9.1.1. A release-to-work from an approved Substance Abuse Professional (SAP). 6.3.9.1.2. A negative test for drugs and/or alcohol. 6.3.9.1.3. An agreement to submit to unannounced follow-up testing. Ammon City Council June 5, 2025 Page 73 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 27 6.3.9.1.4. Must agree to comply with all after-care requirements outlined in the re-entry agreement - such as treatment, counseling, or other support measures, with the understanding that any violation may result in termination of employment. 6.3.10. Drug and Alcohol Clearinghouse 6.3.10.1. For employees that maintain a Commercial Driver License (CDL) as requirement of their position, the City of Ammon or its agents will report the following information about the driver to the Clearinghouse: 6.3.10.1.1. A verified positive, adulterated, or substituted controlled substance test result; 6.3.10.1.2. An alcohol confirmation test with a concentration of 0.04 or higher; 6.3.10.1.3. A refusal to submit to a test; 6.3.10.1.4. An employers report of actual knowledge of on duty alcohol use, pre-duty alcohol use, post-accident alcohol use, and controlled substance use; 6.3.10.1.5. A SAP report of the successful completion of the return-to- duty process; 6.3.10.1.6. A negative return-to-duty test; and 6.3.10.1.7. An employer’s report of completion of follow-up testing. 6.3.10.2. A query will be conducted of the Clearinghouse at least once per year for all drivers with a CDL. In lieu of a full query the company may obtain a written consent to conduct a limited query. If the limited query indicates that drug or alcohol violation information about the driver exists in the Clearinghouse, FMCSA will not disclose that information without first obtaining additional specific consents. If a CDL driver refuses to provide consent to conduct a limited query they will be terminated from employment. The City of Ammon may also conduct additional queries of the Clearinghouse to determine whether a record exists for any particular CDL driver after obtaining that driver’s written or electronic consent. 6.3.10.3. A CDL driver will be notified by letter sent by U.S. Mail to the address on record with the State Driver Licensing Agency when information concerning that driver has been added to, revised, released, or removed from the Clearinghouse (alternative means for notification, including electronic email, can be provided when Ammon City Council June 5, 2025 Page 74 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 28 a driver registers on the Clearinghouse). Also, a driver may challenge only the accuracy of information reporting, not the accuracy of test results or refusals. Additional driver resources concerning the Clearinghouse can be found at- https://clearinghouse.fmcsa.dot.gov/. 7.VEHICLE, EQUIPMENT USE, AND DRIVING SAFETY POLICY 7.1. Policy Statement. This Policy outlines the use of vehicles and/or equipment for work used on behalf of the City of Ammon. For the purpose of this policy, vehicles shall be defined as any vehicle that requires a driver’s license pursuant to Idaho State driving regulations. Equipment shall be defined as any mechanical apparatus that requires steering or guidance to be operated, which may or may not require a driver’s license. 7.1.1. Operators of City of Ammon owned or leased motor vehicles and/or equipment shall always drive safely, legally and courteously, remembering that they are directly responsible for maintaining both City of Ammon owned property and public trust. 7.1.2. The City of Ammon is committed to providing our employees the safest work environment possible that protects our employees, citizens, and to also contribute to the wellbeing of their families and the community whenever possible. This Vehicle Equipment Use and Driving Safety Policy is intended to provide our employees with knowledge and guidelines to keep them and others safe while driving. 7.1.3. The City of Ammon encourages all employees to utilize the information in this policy even when 'off the clock'. The objectives of this policy are threefold: 7.1.3.1. To save lives and to reduce the risk of life-altering injuries to our employees, their families and others in the community; 7.1.3.2. To protect personal and financial resources; and 7.1.3.3. To guard against potential liabilities associated with vehicle accidents involving employees while driving on City time. 7.1.4. Employees are expected to operate vehicles and/or equipment safely. The City of Ammon considers the use of vehicles and/or equipment part of the working environment. 7.2. Applicability. 7.2.1. This policy applies to all employees and City Volunteers that must drive for work purposes. Any employee that drives a vehicle (city or personal) while performing duties on behalf of the City of Ammon must follow the rules and regulations stated in this policy and those covered in training sessions. For the purposes of this policy, volunteers are those that volunteer on a regular basis, not one-time volunteers. 7.2.2. Vehicles and/or equipment owned or leased by the City of Ammon are to be used for the functions of City of Ammon. Personal use or any other type of use must be authorized by the employee’s supervisor and the City Ammon City Council June 5, 2025 Page 75 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 29 Administrator. 7.2.3. Some employees may be assigned a vehicle that is driven home; such personal use, if allowed, may be a taxable benefit. When applicable, the taxable benefit rate shall be calculated at the current Internal Revenue Service business mileage rate. 7.2.4. Vehicles and/or equipment over 26,000 gross vehicle weight, buses, and vans over 15 passengers require a commercial driver’s license (CDL). The City of Ammon recognizes that certain drivers are exempted by State Statute 49-302-3; it shall be the determination of each Department Head to which the Statute applies to determine the requirement for those employees, regarding a CDL. 7.3. Driver Eligibility. Employees who drive City vehicles or drive personal vehicles for City-related work must have prior authorization. The process to become an authorized driver consists of the following steps: 7.3.1. Employee must possess a valid Idaho driver’s license, or, if from out of state they must obtain one within 30 days (per the Idaho Department of Motor Vehicles). 7.3.2. Drivers must be at least 17 years of age. 7.3.3. Request to Add/Remove Driver Request Form must be submitted to the HR Department with a photocopy of driver’s license. 7.3.4. Employees may be required to complete a Driving Safety Training Program taught by an approved presenter for the safety program. 7.3.5. Prior to being hired, the HR Department shall obtain all records on a prospective employee from the Idaho Repository and any other background database that lists any traffic violations. If in the opinion of the City Administrator a person’s driving record indicates excessive violations, the Department Head shall be notified prior to hiring and may impose a probationary period. Prospective employees required to have a CDL that do not pass the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse check may not be considered for employment. 7.3.6. Employees must sign a New Driver Contract with the City of Ammon. 7.3.7. Should an employee’s driver’s license expire, be revoked or suspended, the employee shall immediately notify his or her supervisor. At the time of the suspension, the employee’s City of Ammon vehicle-use privileges will be suspended until the employee’s driver’s license has been fully restored and validated. A long term suspension of an employee’s driver’s license may require that an employee be terminated. 7.4. Training. The City of Ammon believes strongly in the value of its employees, their families, and the community. Additional training (review) may be provided annually, as needed. Authorized drivers may be required to attend driving safety training sessions. This training will be carried out by an authorized safety person and shall be scheduled as needed. Date and location of training sessions will be provided in advance. 7.5. Driver Contracts. All authorized drivers will be required to sign a New Driver Ammon City Council June 5, 2025 Page 76 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 30 Contract Form acknowledging their awareness and understanding of the City of Ammon's driving safety policy regarding driving record checks, driver performance, driving safety rules, vehicle maintenance and procedures for reporting of any traffic violations or accidents. Driver’s Contracts shall be completed with the employees New Employee Paperwork and must be completed prior to the issuance of their first paycheck. Employees should understand that a GPS tracking device may be installed on any City vehicle. Actions of an employee not consistent with the employee’s job requirements or duties may result in disciplinary actions including but not limited to termination. 7.6. Authorization. After an employee has met all requirements of this policy to become an authorized driver, the HR Department will authorize the employee for driving privileges and notify the Department Head. Any changes that might affect driver’s authorization (driving accident, ticket, license suspension, etc.) must immediately be made known to the employee’s immediate supervisor and immediately relayed to the HR Department by the Department Head. All steps will be taken to determine appropriate action and if a change is necessary to driver's authorization status. 7.7. Driving Safety Rules. The following driving safety rules shall apply to all City employees when driving a City of Ammon vehicle or a personal vehicle when performing duties on behalf of the City of Ammon. Failure to abide by the driving safety rules could result in the loss of driving privileges, disciplinary action, and/or termination of employment. 7.7.1. Driver must follow all traffic laws and regulations. 7.7.2. Driver should familiarize themselves with the vehicle or equipment they are going to drive or operate before use. They should know where all instruments are in the cab and location of turn signals, lights, wipers, flashers, emergency brake, etc. Seat and mirrors must also be adjusted. 7.7.3. Driver should confirm that insurance information is located in the glove box before using vehicle. 7.7.4. All employees and passengers are required to wear seat belts. EXCEPTION: Those persons meeting the exemptions of Idaho State Code 49-673-(2) shall be exempt from this requirement. 7.7.5. Driver should drive at an appropriate speed for the road conditions. This means that in some situations (rain, snow, etc.) drivers should drive slower than the posted speed limit. 7.7.6. Driver should not engage in aggressive driving acts. This would include, but not be limited to, tailgating, excessive speed, failing to signal intentions, running red lights, passing on right and making rude “gestures” to other drivers. 7.7.7. Authorized Driver must ensure that all passengers are compliant with the requirements of the Personnel Policy Manual 7.7.8. In addition to the employee assigned or permitted to drive a City of Ammon vehicle or equipment, he or she may allow others, as necessary, to operate the vehicle if they have a valid driver’s license and are 25 Ammon City Council June 5, 2025 Page 77 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 31 years of age or older. Vehicles assigned to employees to be taken home shall not be operated by a driver other than the employee assigned or permitted for any use other than City Business. 7.7.9. Driver should never leave keys in the vehicle or leave the vehicle unattended while the engine is running. 7.7.10. Driver should park the vehicle in such a manner that eliminates backing out whenever possible. Drivers are encouraged, but not required, to park their personal vehicles in the same manner. 7.7.11. Unless for safety reasons, never attempt to push or pull another vehicle. This policy relates to privately owned vehicles. 7.7.12. Never transport hazardous (flammable, toxic, etc.) materials unless required by the job and using appropriate vehicles and all necessary precautions. 7.7.13. Smoking, vaping, or use of any similar substance is not allowed in City vehicles. 7.7.14. Drivers shall not eat while driving. 7.7.15. Drivers shall not use handheld devices while driving. Hands-free devices are permitted. This does not apply to two-way radios when being used for audio communication on official City business. 7.7.16. Drivers should not attempt to perform any type of personal grooming while driving. 7.7.17. Alcohol and drugs are not allowed in City vehicles. 7.7.18. Drivers should not operate a vehicle or equipment anytime their ability to drive is impaired or affected by such things as fatigue, illness, injury, medication, etc. 7.7.19. Vehicles must not be left idling with no benefit to the public when parked or not in use to conserve fuel and save public funds. 7.8. Personal Vehicle Use. 7.8.1. In addition to the other policies required by this section, Employees who drive their personal vehicles and/or equipment on City business are subject to the requirements of this policy including: 7.8.1.1. Maintaining auto liability insurance with minimum state limits. 7.8.1.2. Providing proof of liability insurance to the City Clerk on an annual basis. 7.8.1.3. Maintain vehicle in a safe operating condition when driven on City business. 7.8.1.4. If driving a personal vehicle, employee's insurance is primary. In some cases, City of Ammon's insurance will provide secondary coverage. 7.9. Condition of Vehicle. 7.9.1. Driver Inspection. Employees should inspect all vehicles before driving. Any needed repairs or problems that could be a potential danger should be reported to the immediate supervisor and the vehicle should not be driven. The supervisor shall forward the information to an authorized Ammon City Council June 5, 2025 Page 78 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 32 service agent so that maintenance or repairs can then be performed before use of the vehicle will be allowed. 7.9.2. Fueling. Driver is responsible for refueling the vehicle, as needed, before returning it to parking. All vehicles shall be refueled at the City’s fuel station whenever the vehicle is in the local area. Check with the Finance Director for gas credit card and refueling procedures when traveling outside of the local area. No personal purchases shall be made on City cards. 7.9.3. Regular Maintenance. Employees, who operate City vehicles or have been assigned specific equipment to operate, are responsible for normal upkeep and repairs. Needed maintenance should be scheduled with an authorized service agent or under some circumstances the request should be submitted to the immediate supervisor. 7.9.4. Cleanliness. Drivers should keep vehicles clean. Any debris, food, drink cups, or other items should be removed and disposed of properly at the end of use. 7.10. Financial Responsibility. 7.10.1. Drivers are responsible for any at-fault tickets, accidents and violations incurred while they are driving. This also includes payment of fines or other financial costs (insurance deductible, repairs, etc.) incurred as a result of such tickets, accidents and violations. 7.10.2. Drivers are responsible for replacement cost for lost keys, locksmith cost for opening locked doors, replacement cost for lost keyless entry device and any other such cost as a direct result of their actions. 7.10.3. Drivers will be financially responsible for cleaning vehicles returned dirty beyond normal use. 7.11. Accident Procedures. If involved in an accident, regardless of severity, call local authorities. When an accident occurs, the driver shall do the following: 7.11.1. Get medical attention if necessary. 7.11.2. Notify your immediate supervisor as soon as possible thereafter. 7.11.3. Provide first aid only when necessary and only to the extent you are trained. 7.11.4. Stay calm and don't engage in arguments or physical altercations. 7.11.5. Do not admit fault or make any accusations of guilt. 7.11.6. If possible, take pictures of the accident. 7.11.7. Make notes about the accident including as much information as you can. (Other drivers full name, license number, plate number, phone number, address and insurance company). 7.11.8. Never provide your home address or phone number. Provide the City of Ammon's information. 7.11.9. Be honest and cooperative with police. 7.11.10. Only discuss the situation with the police, City of Ammon officials, or representatives of the ICRMP Claims Department. 7.11.11. If driving a personal vehicle, contact your insurance company. Ammon City Council June 5, 2025 Page 79 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 33 7.11.12. Complete accident report form and provide a copy to your immediate supervisor. 7.12. Accident Investigation. 7.12.1. Any employee operating a City-owned vehicle or equipment that is involved in an accident that results in damage, results in bodily injury, or results in a police report being filed, must be tested for drugs and alcohol. Department heads and immediate supervisors shall be responsible for ensuring the drug test procedure is initiated no later than one (1) hour after the accident occurs. 7.12.2. Drivers who are involved in an accident may be placed on temporary suspension. Employees placed on temporary suspension, should not drive again for City business until after completion of an investigation by the HR Department. 7.12.3. The driver's immediate supervisor will be notified of the outcome of the investigation and if the driver's authorization is denied, restored or if additional driver training will be required before authorization is granted. 7.12.4. The driver's immediate supervisor will be responsible for determining the corrective/disciplinary action taken if the accident is determined to have been preventable or their fault. 7.13. Roadside Assistance. If a driver experiences trouble with the vehicle they should pull over and out of traffic. Move as far from danger as possible. Call their immediate supervisor or their designee and inform them of the situation. If unable to contact the supervisor, please refer to the card provided in the glove compartment of each city vehicle. The supervisor or the emergency contact will make or authorize the driver to make the necessary arrangements to pick the driver up and to have the vehicle repaired or towed if needed. 8. TECHNOLOGY USE POLICY 8.1. Policy Statement. This document provides policy for the City of Ammon (hereafter referred to as ‘the City’) by defining acceptable use conditions for employees when using City office equipment, including information technology, for both limited personal reasons and City business. 8.1.1. This policy establishes both privileges and responsibilities for employees in the City. It recognizes these employees as responsible individuals who are the key to making the City more responsive to its citizens. It allows employees to use City office equipment for non-City purposes when such use involves minimal additional expense to the City, is performed on the employee’s non-work time, does not interfere with the mission or operations of the City and does not violate ethical conduct for employees. Ammon City Council June 5, 2025 Page 80 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 34 8.1.2. Taxpayers have the right to depend on the City to manage their tax dollars wisely and effectively. Public confidence in the productiveness of the City is increased when members of the public are confident that it is well managed and assets are used appropriately. The relationship between the City and its employees who administer the functions of the City is one based on trust. Consequently, employees are expected to follow rules and regulations and to be responsible for their own personal and professional conduct. It is expected that employees shall put forth honest effort in the performance of their duties. 8.1.3. In return, employees are provided with a professional supportive work environment. They are given the tools needed to effectively carry out their assigned responsibilities. Allowing limited personal use of these tools helps enhance the quality of the workplace and helps the City to retain highly qualified and skilled workers. 8.1.4. This policy does not supersede any other applicable law or higher level directive or policy. 8.2. Authorized Use. City employees may use City office equipment for authorized purposes only. As set forth below, limited personal use of City office equipment by employees during non-work time is considered to be an "authorized use" of City property. 8.3. Definitions. 8.3.1. Privilege. In the context of this policy, privilege means that the City is extending the opportunity to its employees to use City property for personal use in an effort to create a more supportive work environment. However, this policy does not create the ‘right’ to use City office equipment for non-City purposes. Nor does the privilege extend to modifying such equipment, including loading personal, or downloaded software, and/or making configuration changes, except for necessary updates to already installed software. 8.3.2. City office equipment including information technology. City office equipment, including information technology, includes but is not limited to: personal computers and related peripheral equipment and software, telephones, facsimile machines, photocopiers, office supplies, internet connectivity and access to internet services, and e-mail. This list is not intended to limit City office equipment to the above, but rather is provided to show examples of office equipment as envisioned by this policy. City department managers may include additional types of office equipment. 8.3.3. Minimal additional expense. Minimal additional expense means that employees’ personal use of City office equipment is limited to those situations where the City is already providing equipment or services and Ammon City Council June 5, 2025 Page 81 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 35 the employee’s use of such equipment or services will not result in any additional expense to the City or the use will result in only normal wear and tear or the use of small amounts of electricity, ink, toner or paper. Examples of minimal additional expenses include, making a few photocopies in black and white, using a computer printer to print out a few pages of material in black and white, making occasional brief personal phone calls, infrequently sending personal email messages, or limited use of the internet for personal reasons. Personal copies or printouts in color must be pre approved by the appropriate department head. 8.3.4. Employee non-work time. Employee non-work time means times when the employee is not otherwise expected to be addressing official business. Employees may for example - use City office equipment during their own off-duty hours such as before or after a workday (subject to local office hours), lunch periods, authorized breaks, or weekends or holidays (if their duty station is normally available at such times). 8.3.5. Personal use. Personal use means activity that is conducted for purposes other than accomplishing official or otherwise authorized activity. Users are specifically prohibited from using City office equipment to maintain or support a personal private business. Examples of this prohibition include employees or officials using a City computer and internet connection to run a travel business or investment service. The ban on using City office equipment to support a personal private business also includes employees or officials using City office equipment to assist relatives, friends, or other persons in such activities. Users may, however, make limited use under this policy of City office equipment to check their personal investments, or to communicate with nonofficial outside contacts such as a family member, friend or even a volunteer charity organization (examples). 8.3.6. Information technology. Information technology is defined as any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement control, display, switching, interchange, transmission, or reception of data or information. 8.4. Specific Provisions on Use of Equipment and Services. 8.4.1. All office equipment and software necessary for conducting City business is to be provided and installed by approved personnel. Personal software or software downloaded from the internet, other than necessary updates for already installed software, is not to be installed on City equipment without proper approval. 8.4.2. Employees are authorized limited personal use of City office equipment. Ammon City Council June 5, 2025 Page 82 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 36 This personal use must not result in loss of employee productivity or interference with official duties. Moreover, such use should incur only minimal additional expense to the City in areas such as: 8.4.2.1. Communications infrastructure costs: i.e. telephone charges, telecommunications traffic, etc. 8.4.2.2. Use of consumables in limited amounts: i.e. paper, ink, toner, etc. 8.4.2.3. General wear and tear on equipment. 8.4.2.4. Data storage on storage devices. 8.4.2.5. Transmission impacts with moderate e-mail message sizes such as emails with small attachments. 8.5. Personal Use. City employees are permitted limited use of City office equipment for personal needs if the use does not interfere with official business and involves minimal additional expense to the City. This limited personal use should take place during the employee’s non-work time. This privilege to use City office equipment for non-City purposes may be revoked or limited at any time. This policy in no way limits personnel in the use of City office equipment, including information technology, for official City activities. 8.6. Inappropriate Personal Uses. 8.6.1. All users are expected to conduct themselves professionally in the workplace and to refrain from using City office equipment for activities that are inappropriate. Misuse or inappropriate personal use of City office equipment includes, but is not limited to the following: 8.6.2. Any unprofessional use of City office equipment. For example, the creation or use of inappropriate or personal desktop icons, images, wallpapers or screensavers detract from a professional working environment. 8.6.3. Any personal use that could cause congestion, delay, or disruption of service to any City system or equipment. 8.6.4. Using the City systems as a staging ground or platform to gain unauthorized access to other systems. 8.6.5. The creation, copying, transmission, or retransmission of chain letters or other unauthorized mass mailings regardless of the subject matter. 8.6.6. Using City office equipment for activities that are illegal, inappropriate, or offensive to fellow employees or the public. Such activities include, but are not limited to: hate speech, or material that ridicules others on the basis of race, creed, religion, color, sex, disability, national origin, or sexual orientation. 8.6.7. The creation, download, viewing, storage, copying, or transmission of Ammon City Council June 5, 2025 Page 83 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 37 sexually explicit or sexually oriented materials. 8.6.8. The creation, download, viewing, storage, copying, or transmission of materials related to illegal gambling, illegal weapons, terrorist activities, and any other illegal activities or activities otherwise prohibited, etc. 8.6.9. Use for commercial purposes or in support of "for-profit" activities or in support of other outside employment or business activity (e.g. consulting for pay, sales or administration of business transactions, sale of goods or services). 8.6.10. Engaging in any outside fundraising activity, endorsing any product or service, participating in any lobbying activity, or engaging in any prohibited partisan political activity. 8.6.11. Use for posting agency information to external newsgroups, bulletin boards or other public forums without authority. This includes any use that could create the perception that the communication was made in one’s official capacity as a City employee, unless appropriate approval has been obtained. This also includes uses or communications at odds with the City’s mission or positions. 8.6.12. Any use that could generate more than minimal additional expense to the City. 8.6.13. The unauthorized acquisition, use, reproduction, transmission, or distribution of any controlled information including computer software and data, that includes privacy information, copyrighted, trademarked or material with other intellectual property rights (beyond fair use), proprietary data, or export controlled software or data. 8.7. Proper Representation. 8.7.1. It is the responsibility of employees to ensure that they are not giving the false impression that they are acting in an official capacity when they are using City office equipment for non-City purposes. If there is expectation that such a personal use could be interpreted to represent the City, then an adequate disclaimer must be used. One acceptable disclaimer is: “The contents of this message are mine personally and do not reflect any position of the City of Ammon.” 8.8. Access Management and Security. 8.8.1. Users must not use other users’ passwords, user ids, or accounts or attempt to capture or guess other users’ passwords. Users must not hide their identity for malicious purposes or assume the identity of another user. 8.8.2. Users must not attempt to access restricted files or portions of operating systems, security systems, or administrative systems to which they have Ammon City Council June 5, 2025 Page 84 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 38 not been given authorization. Accordingly, users must not access without authorization: electronic mail, data, programs, or information protected under state and federal laws. Users must not release another person’s private or restricted information. 8.8.3. Users must: 8.8.3.1. Follow established procedures for protecting City assets and data, including managing passwords. 8.8.3.2. Protect the physical and electronic integrity of equipment, networks, software and accounts on any City equipment. 8.8.3.3. Not open email from unknown senders or email that seems suspicious. 8.8.3.4. Not knowingly introducing worms or viruses or other malicious code into any system, nor disable protective measures: i.e. antivirus, spyware firewalls. 8.8.3.5. Not install unauthorized software. 8.8.3.6. Not send restricted or confidential data over the internet or outside the City network unless appropriately protected. 8.8.3.7. Not connect unauthorized equipment or media, which includes but is not limited to: laptops, thumb drives, removable drives, wireless access points, PDAs, tablets, phones, mp3 players, or similar devices. 8.8.3.8. Users have no inherent right to use City office equipment. Therefore, all departments will establish appropriate controls to ensure that the equipment is used appropriately. 8.9. Privacy Expectations. 8.9.1. Users do not have a right, nor should they have an expectation, of privacy while using any City office equipment at any time, including accessing the internet or using email. By using City office equipment, users imply their consent to disclosing the contents of any files or information maintained or passed through City office equipment. 8.9.2. By using this office equipment, consent to monitoring and recording is implied with or without cause, including (but not limited to) accessing the internet or using email. Any use of City communications resources is made with the understanding that such use is generally not secure, is not private, and is not anonymous. 8.9.3. System managers may employ monitoring tools to detect improper use. Electronic communications may be disclosed within the City to employees or officials who have a need to know in the performance of Ammon City Council June 5, 2025 Page 85 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 39 their duties. City officials, such as the Mayor, City Council members, system managers and/or supervisors, may access any electronic communications. If any equipment is being used in a manner believed to be a violation of the law, the same will be reported to law enforcement. 8.10. Sanctions for Misuse. 8.10.1. Unauthorized or improper use of City office equipment may result in loss of use or limitations on use of equipment, disciplinary action or dismissal as well as possible criminal penalties and/or users being held financially liable for the cost of improper use. Sanctions for misuse shall be determined as appropriate based on the offense by the employee’s Department Head and the City Administrator. Sanctions will result in formal action up to and including termination. In some instances, the determination will be referred to the Mayor and City Council. 9.SOCIAL MEDIA POLICY 9.1. Policy Statement. 9.1.1. This policy provides guidelines for the use, management, administration and oversight of the City of Ammon-owned social media for official use. It also provides guidelines for employees’ personal use of social media both at work and off-duty. 9.1.2. For purposes of this policy, social media is content created by individuals using accessible and scalable technologies through the internet. Social media comes in many forms and includes any method that facilitates electronic communications, including internet forums, blogs, online profiles, wikis, podcasts, pictures, video, email, instant messaging, music sharing, voice over IP, as well as social websites or online communities for business and personal use, such as Facebook, LinkedIn, Twitter, Yelp, YouTube, Flickr, Google+, Pinterest, message boards and chat rooms, among others. 9.1.3. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that are protected or privileged under the law. This includes speech and expression protected under state and federal constitutions as well as labor or other applicable laws. For example this policy does not limit an employee from speaking as a private citizen regarding public issues. The City of Ammon recognizes the right of employees to write blogs and use social networking sites and does not want to discourage employees from self-publishing and self-expression. It does not discriminate against employees who use social media for personal interest and affiliates or other lawful purposes. This policy is not intended to limit or infringe upon employees’ freedom of expression. Ammon City Council June 5, 2025 Page 86 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 40 9.2. Applicability. This policy applies to all City of Ammon employees. Employees who violate the terms of this policy are subject to discipline up to and including termination. 9.3. Personal Use of Social Media by Employees. Social media is a growing tool to connect with family, friends, colleagues and the world, it also presents certain risks. To assist City employees with responsible use when using social media, we have established these guidelines: 9.3.1. Privacy does not exist in the world of social media and careful consideration should be taken when referencing the City of Ammon, City departments, co-workers or City business or policies. Search engines can turn up posts years after they are created, and comments can be shared or copied. 9.3.2. Employees should not represent themselves as a spokesperson for the City of Ammon or any of its departments, unless it is part of their official duties, on an official City of Ammon site. If an employee creates online posts related to the City, its policies, operations or its staff, or their employment, they must make it clear that they are not speaking on behalf of the City. It is best to include a version of a disclaimer that the opinions expressed are your own and do not necessarily represent the views of the City of Ammon. 9.3.3. Any confidential or privileged information acquired by an employee because of their employment with the City cannot be disclosed via social media. This includes, but is not limited to, internal reports, policies, procedures, other internal business-related confidential communications, and any personal confidential information. 9.3.4. Employees should not access personal social media during working hours. See also the Technology Use Policy for more details. 9.3.5. Employees should respect their audience and the City’s workplace rules. Anything that is not acceptable in the workplace is not acceptable online – personal insults and obscenities or postings that include discriminatory remarks, harassment and threats of violence or similar inappropriate or unlawful conduct will not be tolerated. 9.3.6. An employee’s City email address must not be used to register on social networks, blogs or other online tools unless it is part of their official duties, on an official City of Ammon site. 9.4. Creation and Use of City Social Media Accounts. While the City’s website (www.cityofammon.us) is the City’s primary internet presence, the City recognizes that social media may reach a broader audience. The following establishes City-wide social media use policies, protocols and procedures intended to mitigate associated risks. Ammon City Council June 5, 2025 Page 87 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 41 9.4.1. Creation of social media forums on behalf of the City of Ammon are allowed when there is a clear public entity purpose. 9.4.2. The establishment and use of any social media account must be authorized by the Mayor and City Administrator and belong to the City of Ammon. 9.4.3. The City Clerk, Mayor, Recreation Director and City Administrator are authorized to maintain and edit social media accounts on behalf of the City of Ammon, and are the only individuals permitted to access, manage, publish, comment and/or post on behalf of the City of Ammon on the media. These employees must conduct themselves at all times in accordance with all applicable City of Ammon policies. The City Clerk, Mayor, and City Administrator may assign posting access to others on a case-by-case basis. 9.4.4. All posts on City of Ammon social media must be in accordance with this policy and must be able to be edited or removed if in violation of the policy. 9.4.5. All posts are subject to retention pursuant to the Idaho Public Records Act and the City’s records retention schedule. 9.4.6. Authorized employees must not share personal information about him/herself, other City employees, or citizens on social media. 9.4.7. Whenever possible, City of Ammon social media should link back to the official City of Ammon website for forms, documents, online services and other information for conducting business with the City. 9.4.8. Content on social media forums must abide by all applicable federal, state, and local laws, regulations and policies, including copyright, trademark and printed material laws. 9.4.9. The City of Ammon does not use time-expire social media platforms – including Snapchat, Wickr, Slingshot, etc . – as such platforms do not coincide with public record retention policy. 10.Artificial Intelligence (AI) Employee Use Policy 10.1. Purpose: The purpose of this policy is to establish guidelines for the responsible, ethical, and effective use of Artificial Intelligence (AI) tools and technologies by City of Ammon employees. AI has the potential to enhance City services, improve efficiency, and support data-driven decision making. While we remain committed to adopting new technologies to aid our mission when possible, we also understand the risks and limitations of generative AI and want to ensure responsible use. This policy ensures AI is used in a manner that aligns with the City’s values, compliance standards, and commitment to public trust. 10.2. Scope: This policy covers the use of AI tools on City devices, by City employees, Ammon City Council June 5, 2025 Page 88 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 42 using City data. 10.3. Definitions: 10.3.1. City Device: Any computer, smart phone, tablet, or other device owned by the City assigned to a City employee, which can access AI technology and tools. 10.3.2. City Data: Any data any employee has access to by virtue of their employment with the City. Transferring or accessing City data through a private device to circumvent accessing AI tools through a City device is strictly prohibited. 10.4. Example of AI Tools: AI technologies include, but are not limited to: 10.4.1. Generative models (e.g., ChatGPT, Google Gemini, Claude). 10.4.2. Image and video creation tools (e.g., DALL-E2, MidJourney). 10.4.3. Deepfake generators, code verification tools, and AI-based recruitment software. 10.5. Permitted Uses: 10.5.1. AI may be used to create or assist with drafting emails, letters, policies, or reports. 10.5.2. Summarizing internal or external information. 10.5.3. Creating spreadsheets or templates. 10.5.4. Additional tasks as the job requires and approved by the supervisor. 10.6. Prohibited Uses: 10.6.1. Uploading confidential, sensitive, or personally identifiable information (PII) into any AI tool. 10.6.2. Downloading, installing, or accessing any AI tool, website, or application from an agency device without first obtaining written permission from both the employee’s supervisor and the IT Department. 10.6.3. Using AI for harassment, discrimination, illegal activities, or misrepresentation. 10.6.4. Relying solely on AI for decision-making, as AI tools are intended to assist in human judgment, not replace it. All decisions must be made with human oversight and accountability, recognizing the potential limitations and inaccuracies of AI tools. 10.6.5. Impersonating individuals using AI-generated content. 10.7. Guidelines for Use: 10.7.1. Prior Authorization: Employees must obtain authorization from their supervisor and the IT Department prior to using any AI tool or accessing AI via City devices. Ammon City Council June 5, 2025 Page 89 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 43 10.7.2. Accountability: Employees are responsible for all AI-generated content they produce. Any such content remains the property of the City of Ammon. AI must not replace employee judgment or decision-making. Outputs should be verified for accuracy and appropriateness. 10.7.3. Monitoring: The City reserves the right to monitor AI usage and enforce compliance with this policy. 10.8. Use with Caution: AI is an evolving technology prone to errors, including inaccuracies, outdated information, or fabricated data. Employees must exercise caution and ensure all outputs comply with applicable laws and City policies. 11.Telecommuting Policy 11.1. Purpose: 11.1.1. Telecommuting allows employees to work at home, on the road or in a remote location for all or part of their workweek. The City considers telecommuting to be a viable, flexible work option when both the employee and the job are suited to such an arrangement. Telecommuting may be appropriate for some employees and jobs but not for others. Telecommuting is not an entitlement, it is not a City wide benefit, and it in no way changes the terms and conditions of employment with the City. 11.2. Procedures: 11.2.1. Telecommuting can be informal, such as working from home for a short- term project or on the road during business travel, or a formal, set schedule of working away from the office as described below. Either employee or a supervisor can suggest telecommuting as a possible work arrangement. 11.2.2. Any telecommuting arrangement made will be on a trial basis for the first three months and may be discontinued at will and at any time at the request of either the telecommuter or the City. Every effort will be made to provide 30 days notice of such change to accommodate commuting, child care and other issues that may arise from the termination of a telecommuting arrangement. There may be instances, however, when no notice is possible. 11.3. Eligibility: 11.3.1. Individuals requesting formal telecommuting arrangements must be employed with the City for a minimum of 6 months of continuous, regular employment, must be a full-time employee and must have a satisfactory performance record. Ammon City Council June 5, 2025 Page 90 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 44 11.3.2. Before entering into any telecommuting agreement, the employee and manager will evaluate the suitability of such an arrangement, reviewing the following areas: 11.3.2.1. Employee suitability. The employee and manager will assess the needs and work habits of the employee, compared to traits customarily recognized as appropriate for successful telecommuters. 11.3.2.2. Job responsibilities. The employee and manager will discuss the job responsibilities and determine if the job is appropriate for a telecommuting arrangement. 11.3.2.3. Equipment needs, workspace design considerations and scheduling issues. The employee and manager with the assistance of the technology department will review the physical workspace needs and the appropriate location for the telework. 11.3.2.4. Tax and other legal implications. The employee must determine any tax or legal implications under IRS, state and local government laws, and/or restrictions of working out of a home- based office. Responsibility for fulfilling all obligations in this area rests solely with the employee. 11.3.3. If the employee, manager, and IT Department agree, a three-month trial period will commence. The trial period will include regular interaction between the employee and the manager to discuss work progress and problems. At the end of the trial period, the employee,manager, and IT Department will determine if the arrangement will continue. 11.4. Equipment: 11.4.1. On a case-by-case basis, the Technology Department will determine the essential equipment needed for the employee to perform their job duties effectively while maintaining security and compliance. This equipment may include: 11.4.1.1. Computer hardware including a city-owned laptop or desktop, monitors, keyboards, mouse, etc. 11.4.1.2. Communication tools such as phones, headsets, etc. 11.4.1.3. Internet and networking equipment to set up Virtual Private Network (VPN) access to securely connect to the city’s systems. 11.4.1.4. Additional equipment may be provided on a case-by-case basis, based on job requirements. 11.4.2. Equipment supplied by the City will be maintained by the City. The City accepts no responsibility for damage or repairs to employee-owned Ammon City Council June 5, 2025 Page 91 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 45 equipment. The City reserves the right to make determinations as to appropriate equipment, subject to change at any time. Equipment supplied by the City is to be used for business purposes only. Performing City work on personal equipment will be prohibited. The telecommuter must sign an inventory of all City property received and agree to take appropriate action to protect the items from damage or theft. Upon termination of employment, all City property will be returned to the City, unless other arrangements have been made. 11.4.3. The employee will establish an appropriate work environment within his or her home for work purposes. The City will not be responsible for costs associated with the setup of the employee’s home office, such as remodeling, furniture or lighting, nor for repairs or modifications to the home office space. 11.5. Security: 11.5.1. Consistent with the City’s expectations of information security for employees working at the office, telecommuting employees will be expected to ensure the protection of proprietary City and customer information accessible from their home office. Steps include the use of locked file cabinets and desks, regular password maintenance, and any other measures appropriate for the job and the environment. 11.6. Safety: 11.6.1. Employees are expected to maintain their home workspace in a safe manner, free from safety hazards. Injuries sustained by the employee in a home office location and in conjunction with his or her regular work duties are normally covered by the City’s workers’ compensation policy. Telecommuting employees are responsible for notifying the employer of such injuries as soon as practicable. The employee is liable for any injuries sustained by visitors to his or her home worksite. 11.6.2. Telecommuting is not designed to be a replacement for appropriate child care. Although an individual employee’s schedule may be modified to accommodate child care needs, the focus of the arrangement must remain on job performance and meeting business demands. Prospective telecommuters are encouraged to discuss expectations of telecommuting with family members prior to entering a trial period. 11.7. Time Worked: 11.7.1. Telecommuting employees who are not exempt from the overtime requirements of the Fair Labor Standards Act will be required to accurately record all hours worked using the City’s time-keeping system. Ammon City Council June 5, 2025 Page 92 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 46 Hours worked in excess of those scheduled per day and per workweek require the advance approval of the telecommuter’s supervisor. Failure to comply with this requirement may result in the immediate termination of the telecommuting agreement. 11.8. Conduct While Working Remote: 11.8.1. Employees who participate in telecommuting are required to adhere to all rules of conduct outlined in the City of Ammon Personnel Policy Manual. Telecommuting does not exempt employees from compliance with any city policies, including but not limited to those regarding workplace behavior, confidentiality, and use of City resources. All expectations for professional conduct remain in effect regardless of the employee’s work location. 11.9. Ad Hoc Arrangements: 11.9.1. Informal, short-term arrangements may be made for employees on family or medical leave to the extent practical for the employee and the City and with the consent of the employee’s health care provider, if appropriate. 11.9.2. All informal telecommuting arrangements are made on a case-by-case basis, focusing first on the business needs of the City. 12.THE CITY OF AMMON COMPLAINT PROCEDURE 12.1. Any employee who believes he/she has been subjected to unlawful harassment, discrimination, or unfair treatment prohibited by this policy, should tell the person initiating these actions to stop his/her unwanted behavior and immediately report the behavior, preferably in writing, to their department head and/or the Human Resources Department. 12.2. Any employee who becomes aware of unlawful harassing, discriminating, or unfair conduct, prohibited by this policy, either engaged in or suffered by a City employee, regardless of whether or not such harassment/discrimination/unfair treatment directly affects that employee, the employee shall immediately report the incident, preferably in writing, to their department head and/or the Human Resources Department. 12.3. Any employee reporting an incident shall do so either preferably in writing or verbally to at least one of the following; the department head, the Human Resources Director and/or the City Administrator. Upon receipt of a complaint, the department head, Human Resources Director and City Administrator shall all be made aware of the complaint. The Human Resources Department will then be responsible to administer an immediate, thorough and objective investigation on behalf of the City. The Human Resources Director will be responsible for the Ammon City Council June 5, 2025 Page 93 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 47 creation and maintenance of any and all record keeping necessary for the proper execution and enforcement of this policy. 12.4. All written correspondence relative to the incident, including written electronic communications shall be forwarded to the Human Resources Director upon receipt. In addition, any relative verbal communication shall be summarized by the recipient in writing and forwarded to the Human Resources Director. If it is determined and substantiated that prohibited harassment, discrimination, or unfair treatment has occurred, appropriate action will be taken to ensure that the conduct will not reoccur. A determination regarding the alleged behavior shall be made and communicated to the person claiming harassment, discrimination, and unfair treatment, as soon as practical. Employees violating this policy are subject to the employee discipline procedure outlined in this policy. 12.5. The City strictly prohibits retaliation against any person by another employee or by the City for using this complaint procedure, reporting harassment, reporting discrimination, reporting unfair treatment, or for filing, testifying, assisting or participating in any manner in any investigation, proceeding or hearing conducted by the City or a governmental enforcement agency. Prohibited retaliation includes, but is not limited to, termination, demotion, suspension, failure to hire or consider for hire, failure to give equal consideration in making employment decisions, failure to make employment recommendations impartially, adversely affecting working conditions or otherwise denying any employment benefit. 12.6. The City does not consider conduct in violation of this policy to be within the course and scope of employment and does not sanction such conduct on the part of any employee, including elected officials or management employees. Ammon City Council June 5, 2025 Page 94 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 48 SECTION 4: EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS 1.1 CLASSIFYING EMPLOYEES FOR POLICY PURPOSES 1.1. Employment Status. For varied reasons, employee status must be organized by classes in order to administer employee policies, benefits or otherwise address employment issues. It is generally the responsibility of the employee to assure that he/she is properly categorized for purposes of each issue or benefit type. The City will endeavor to assist with such matters, but the employee is ultimately responsible to assure that his/her service is properly addressed. 1.2. Employment Classification. The classification of the position you hold with the City may affect the status of obligations or benefits associated with your employment. The primary classes of employees and their respective status is outlined as follows: 1.2.1. Full-Time Regular Employees. Typical work schedule calls for at least 30 or more hours of scheduled work during each seven (7) calendar-day payroll period. Full-time regular employees shall receive all employee benefits provided by the City; as such benefits now exist or may be subsequently changed. 1.2.2. Part-Time Regular Employees. Typical work schedule calls for 29 or less hours of scheduled work during each seven (7) calendar-day payroll period. Part-time regular employees shall receive reduced employee benefits in accordance with policies adopted by the Council and required by PERSI. The scope of benefits received may vary proportionately with the number of hours typically scheduled for a part-time regular employee. The number of hours scheduled may also affect the employee's obligation to participate in certain mandatory state benefit programs. Certain benefits may not be available. 1.2.3. Seasonal Employees. Seasonal employees provide services for the City on an irregular or temporary basis and whose time of employment is less than 8 consecutive months annually. Seasonal employees shall receive no benefits provided to regular employees, except those required by law or those provided by express written authorization of the Council. The Human Resources Director will file required reports regarding seasonal employees with PERSI. Ammon City Council June 5, 2025 Page 95 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 49 2.1 COMPENSATION POLICIES 2.1. Establishment of Pay System. The City compensates employees in accord with decisions by the Council as budgets are set and tax levies are authorized. Pay for any given position is subject to the annual budgetary process and as such may be subject to increase, reduction, or status quo maintenance for any time period. The managing official may make suggestions about salary compensation and other pay system concerns but the final decision regarding compensation levels rests with the Council’s budgetary rulings and final direction from the City Administrator or Mayor. 2.2. Compliance With State And Federal Pay Acts. The City shall comply with all State and Federal pay acts respecting the compensation of employees for services performed in the public service. 2.3. Right to Change Compensation and Benefits. The Council reserves the right to make budget adjustments, and consequently pay adjustments, during the course of the budget year in order to manage cash flow or to deal with other circumstances which justify changes in City expenditures. Compensation may also be adjusted based upon job performance and the availability of funds to maintain a solvent City budget. 2.4. Overtime Compensation 2.4.1. Compliance with Fair Labor Standards Act. In addition to the employee classifications set forth elsewhere in this policy, all employees are classified as either exempt or hourly for purposes of complying with the Federal Fair Labor Standards Act (FLSA). The FLSA is the Federal wage and hour law which governs the obligation of employers to pay overtime compensation. Exempt employees are not required to receive overtime pay for hours worked beyond the limits provided by the statute. Employees who serve as sworn law enforcement officers shall be subject to special exceptions found in the FLSA (See 207K). Please contact your department head or the office of the HR director for further clarification of your FLSA status. 2.4.2. Calculation of Overtime. All hours worked in excess of 40 hours in a seven-day work period shall be compensated at the rate of 1 ½ times the regular hourly rate. Sick leave, Paid Time Off (PTO), and holidays will be excluded from hours worked for overtime purposes. Overtime shall be worked only when necessary. 2.4.3. Overtime during a Declared Disaster. In the event the Mayor declares a disaster, which is later confirmed by the Council, exempt (salaried) employees will become non-exempt (hourly) for the duration of the disaster. When the Mayor and City Council declare the disaster has concluded, original exempt employees will automatically be transitioned back to exempt status. The City Administrator or Mayor shall determine the precise moment when exempt employees are transitioned to hourly employees. This transition may coincide with existing or future pay Ammon City Council June 5, 2025 Page 96 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 50 cycles. 2.4.3.1. When providing assistance to out of area disasters, all exempt (salaried) employees will become non-exempt (hourly) for the duration of the assistance. For all employees, after eight (8) hours in a single day, any additional work will be paid at an overtime rate, according to the currently adopted Personnel Policy Manual. 2.5. Ammon Days. The annual Ammon Days celebration is an optional day of work for employees. In addition to the salary for their position, Employees that work Ammon Days shall be credited one hour of PTO for each hour they work. As the event may grow to multiple days, the same will apply for additional days. 2.6. Reporting and Verifying Time Periods. It is the responsibility of each employee to properly record the time that he/she has worked during a payroll period. Each time sheet shall bear the signature of the employee with a statement verifying its accuracy and a counter signature by the department head indicating that the hours claimed were actually worked. These records shall be retained according to the City of Ammon Records Retention Schedule. 2.7. Work Periods. Employment with the City is subject to the Federal Fair Labor Standards Act as previously described. Each employee is responsible for monitoring the status of hours worked in each work period. Overtime shall be allowed only when preapproved by the managing official or when absolutely necessary in an emergency. The work week for all regular employees who are subject to the FLSA shall begin at 12:00 a.m. (midnight) on Sunday of each week and concludes at 11:59 p.m. of the succeeding Saturday. Regular employees will record actual hours worked. The payroll department shall compute the overtime earned at 1 ½ times the hourly amount based on a 40-hour workweek. All hours worked, including overtime, shall be paid in their paycheck for the pay period in which it was earned. 2.8. Break Periods. The maximum allowed break time is 15 minutes for every 4 hours of contiguous work. The staff on duty is responsible to coordinate breaks with their supervisor which maintain appropriate staffing levels and efficient operation. Breaks should be taken during the workday, and cannot be saved or accumulated to leave work early. At the end of the workday, employees must clock out when work concludes. 2.9. Lunch Breaks. Lunch break policy is established by department requirements therefore; employees are to follow the directives of their managing official. Lunches may be treated as a paid working lunch if they are part of a City- sanctioned event designed to foster collaboration, build morale, or provide training opportunities. Examples of paid working lunches include: 2.9.1. Team-building activities or morale-boosting lunches approved by leadership (for example the Employee Recognition Committee (ERC) lunch, winter wellness lunch or department seasonal potlucks). 2.9.2. Lunch meetings focused on work-related discussions or professional development and training. Personal lunch time is never paid time. Employees must clock out for lunch and Ammon City Council June 5, 2025 Page 97 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 51 clock back in when they have returned to work. 2.10. Exempt Employees. Exempt employees shall not receive overtime pay for hours worked beyond 80 hours per pay cycle or reductions in pay for pay periods with less than 80 hours worked per pay cycle. Exempt employees are expected to work, on average, a minimum of 80 hours per pay cycle and any additional hours necessary to fulfill their responsibilities. Exempt employees have control over their work schedule and hours as long as the job requirements are met. 2.11. Promotions and Compensation. Compensation for all employees is established by action of the Council. The annual budget of the City sets the funding available for compensation of employees in various departments. Promotions and changes in status may be recommended and made by officials in each of the operating departments but final authority regarding compensation rests with the City Council and Mayor through the budgeting process with final action on promotions and compensation approval by the Department Head and City Administrator. Any promotion or compensation not budgeted for in the current budget must be approved by the City Council prior to said promotion or compensation increase. 2.12. Performance Evaluation System. Employees shall participate in a performance evaluation system approved by the Council. Such evaluation systems shall be one basis for allocating changes in compensation in each budget year. Records of all such evaluations shall be kept in the personnel file of each employee. 2.13. Adopted Pay/Grade Scale. The City of Ammon has adopted a pay/grade scale, with a merit for performance philosophy. 2.14. Payroll Procedures and Paydays. Employees are paid every two weeks throughout the year. Time sheets are to be turned in by 9:00 a.m. on the bi- weekly Monday that immediately follows the conclusion of the two-week work period. Paychecks will then be issued by the office of the Finance Director on the bi-weekly Wednesday that immediately follows timesheet submittal. 2.14.1. Paychecks compensate employees for work performed in the two-week work period immediately prior to paycheck issuance. Paychecks are to be distributed by the Department Head or their designee, at the employee’s normal workplace prior to 5:00 p.m. on payday in a manner approved by the department head. Payroll checks will be available to Department Heads by 3:00 p.m. on payday. No advances will be allowed. 2.14.2. It is the responsibility of each employee to monitor the accuracy of each paycheck received. Information shown on the employee's paycheck stub is provided for information only. The paycheck is generated by a computer program that does not have the capacity to think or to understand individual circumstances. Actual practices respecting the issuance of paychecks and allocation of employee benefits must be consistent with official City policy. In the event of disagreement between the computer-generated paycheck stub and official policy as interpreted by the Council with the assistance of the Human Resources Director, the policy shall prevail. Ammon City Council June 5, 2025 Page 98 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 52 2.15. Payroll Deductions. In accordance with Idaho Code § 45-609 or its successor, no payroll deduction(s) shall be made from an employee’s paycheck unless authorized by the employee or required by law. At time of hire, all employees will fill out and sign a ‘New Employee Packet’ which sets forth his/her requested benefits and deductions. The Human Resources Director or an authorized staff member will subsequently input this information into the payroll system. Any discrepancies or problems in adhering to the items outlined on the form will be clearly resolved and indicated on the form. Necessary changes to the inputs from the originally submitted form will be accepted and initialed by the requesting employee. Upon completion, the form will be signed and dated by the Human Resources Director or the authorized staff member and then placed in the employee’s permanent file. Any future requests to adjust benefits or deductions on the part of employees must be submitted in writing through submittal of a new benefit form. The method for instituting these changes will conform to the same procedure as described above. 2.16. Compensation While Serving on Jury Duty. Employees called to jury duty, which necessitates an absence from their regularly scheduled duties, shall be granted leave with no reduction in salary or benefits. Notice of the receipt of a summons for jury duty should be given to the employee’s immediate supervisor as soon as possible. 2.17. Military Leave. 2.17.1. Any regular employee who is inducted into the Armed Forces of the United States and the Military Selective Service Act shall be granted a leave of absence without pay and shall be entitled to return to his/her former position or to an equivalent position, providing: 2.17.1.1. He/she makes an application for re-employment within ninety (90) days after such person is relieved from training and service or from hospitalization continuing after discharge for a period of not more than one year, provided he/she is still qualified to perform the duties of such position with reasonable efforts by the City. 2.17.1.2. Seniority and service credit shall continue during military leave, but a returning veteran will not displace another employee with greater service. 2.17.1.3. All provisions of this section shall be interpreted in a manner consistent with the Soldiers and Sailors Civil Relief Act. 2.17.2. Any regular employee who is a member of an organized Reserve or National Guard Unit who is ordered to participate in field training shall receive, for a period of no greater than 15 working days, that portion of his/her regular salary which will, together with his/her lesser military pay (including pay received for weekends that fall within or at the end of the leave period), equal his/her regular salary. For this purpose, military pay does not include allowances received for rent, subsistence, travel, and uniforms. 2.17.3. Regular, full-time employees who are members of the National Guard Ammon City Council June 5, 2025 Page 99 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 53 and who are called for emergency duty in their state will be granted up to 160 hours of paid Military Leave per calendar year. 2.18. Training And Travel Expenses And Policies. The City of Ammon will pay for expenses related to training and travel when an employee is traveling on city business. An employee may utilize one of three options, or combination thereof, for paying for expenses and/or receiving reimbursement for eligible expenses. Prior to any training or travel event, the supervisor’s employee must authorize the method of payment or reimbursement. A department head has the discretion to require an employee to utilize any of the options, or a combination of options, that are most appropriate for that department. 2.18.1. Option 1. Use of a City-Issued Credit Card. An employee with a city- issued credit card may use their city-issued card for training and travel expenses, provided these expenses meet the requirements listed in this section. Per diem may not be requested if the employee uses this option. 2.18.2. Option 2. Reimbursement of Expenses. An employee may request reimbursement for training and travel expenses that were paid for by the employee using their personal funds. Reimbursement must meet the requirements listed in this section. Per diem may not be requested if the employee uses this option. 2.18.3. Option 3. Request Per Diem in Advance of Travel, Training, or Other Events. An employee may request per diem for meals, according to the criteria listed in section 2.18.2. If the reimbursement is for training, a training agenda is required with the reimbursement form. If per diem is utilized by the employee, retaining receipts is not necessary for those expenses submitted for per diem. If approved, per diem shall be issued to the employee in the form of a printed check, not cash. 2.19. Requirements for Training and Travel Expenses 2.19.1. Receipts. Each employee is responsible for providing verified receipts for any expenses using a city-issued credit card and for expenses for which the employee is requesting reimbursement. Receipts must be itemized and show precise detail for all items purchased. 2.19.2. Meals. Employee meal expenses are authorized according to the table below. If a meal is included and paid for in a meeting or conference registration, the meal rate shall be deducted from the maximum rate to determine what would be allowed for a given day. Employees are required to make use of available complimentary meals, whenever possible. Alcoholic beverages are not an eligible expense. The following table shall be used to determine maximum eligibility of a meal expenses: Maximum Meal Expense Allowance Meal Authorized Amount Expense Eligible for Departures Prior to: Expense Eligible for Returns Ammon City Council June 5, 2025 Page 100 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 54 After: Breakfast $15.00 7:00 am 8:00 am Lunch $20.00 11:00 am 2:00 pm Dinner $25.00 5:00 pm 7:00 pm Full Day $60.00 7:00 am 7:00 pm 2.19.3. Lodging. Authorized related lodging expenses shall be paid or reimbursed at actual cost. Employees should always request tax exempt government rates and negotiate the best available rate. Each employee is allowed their own room. 2.19.4. Travel Time. Travel time from the employee’s home to work will not be compensated. Allowable time will start from departure from the employee’s City’s work location. 2.19.5. Vehicle Usage. 2.19.5.1. When traveling on City business, a City vehicle should be taken, if available. If a City vehicle is not available, then a private vehicle may be used with approval of the department head and the City Administrator, in which event standard business mileage as provided for by the IRS shall be paid. In the event a City vehicle is available but the employee makes a request to take a personal vehicle when a City vehicle is available, the Department Head and the City Administrator must approve the request. The cost of using a personal vehicle should be comparable to or less than the cost of other travel options, such as airfare. If a personal vehicle is approved to use for business travel and meets all criteria of this section, the employee may submit a maximum of 700 miles for reimbursement. Receipts shall be submitted to the appropriate department head for approval on the approved expense claim reimbursement form. Any exceptions to this policy must be made in advance and approved by both the Department Head and the City Administrator. 2.19.5.2. Non-City employees may ride in a City vehicle, for business purposes, but must dress and act appropriately when doing so. In addition to the employee assigned or permitted to drive a City of Ammon vehicle, he or she may allow others, as necessary, to operate the vehicle if they have a valid driver’s license and are 25 years of age or older. It shall be the responsibility of the Department Head to monitor additional drivers. Drivers (including volunteers) that regularly are allowed to drive a City vehicle or equipment shall follow the City’s driving policies. Ammon City Council June 5, 2025 Page 101 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 55 2.19.5.3. If a City vehicle is taken home, mileage must be tracked. It is the intention of the City to comply with IRS rules regarding use of public vehicles for personal use. In some cases, the use of a City vehicle can result in a taxable benefit to the employee. Said benefit shall be recorded on the employees W-2 form for the year. 2.19.5.4. All employees shall review and comply with the requirements of the vehicle use policy adopted by the City. 2.20. On-the-Job Injuries. 2.20.1. All on-the-job injuries shall be reported to your department head, who in turn shall report to the Human Resources Director, as soon as practicable, to allow the filing of worker's compensation claims in the proper manner. If an employee is disabled temporarily by an on-the-job accident, he/she shall be eligible for worker's compensation benefits. Return to employment shall be authorized on a case-by-case basis upon consultation with the managing official and the State Insurance Fund. Concerns associated with injured worker status may be brought before the Human Resources Director for review. 2.20.2. Any employee operating a City-owned vehicle or equipment that is involved in an accident that results in damage, results in bodily injury, or results in a police report being filed, must be tested for drugs and alcohol. Department heads and immediate supervisors shall be responsible for ensuring the drug test procedure is initiated no later than one (1) hour after the accident occurs. 2.21. On Call. 2.21.1. On Call Duty. On Call Duty as defined by this policy shall mean time that an employee must be available to report to work in addition to the basic workweek and overtime. “Available to report to work” means that an employee must be available to answer their cell phone and remain within a thirty (30) minute response time of the city limits of the City of Ammon. While an employee is working On Call Duty, an employee may conduct personal business, provided that the employee remains available to report to work. 2.21.2. Determined by Department Head. On Call Duty will be determined by the department head as needed. While working, On Call Duty employees shall be available for immediate response to emergency and/or service calls. 2.21.3. Compensation for Work Performed. Actual hours worked while on, On Call Duty shall be compensated at the employee’s normal pay rate including overtime rates, if applicable. 2.21.4. Supplemental On Call Hours. Employees who are required to perform On Call Duty shall receive one Supplemental On Call Hour per day, except on Saturday, Sunday and holidays when On Call Duty shall add two Supplemental On Call Hours per day. All Supplemental On Call Hours Ammon City Council June 5, 2025 Page 102 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 56 shall be compensated at one and one half times (1.5) the employee’s regular hourly rate. 2.21.5. Travel Time. Travel time from the employee’s home to their assigned work location shall not be compensated. Compensated time shall begin upon arrival at the employee’s assigned work location. A city-issued vehicle may be considered an employee’s work location if allowed by the department head. 2.21.6. City Vehicle Usage. Employees may be assigned City vehicles for City use during On Call Duty. Only those employees who can safely respond to emergency calls within thirty (30) minutes of receiving a call are eligible to be assigned a vehicle for On Call Duty. Employees subject to On Call Duty may be allowed to utilize a city vehicle to take home during their assigned period. This assigned vehicle may be used for limited but necessary personal tasks during On Call Duty. If city-issued vehicles are taken home, the employee must comply with IRS reporting requirements as described in Section 4, Subsection 2.18.5. 3.1 EMPLOYEE BENEFITS 3.1. The City offers a number of employee benefits for full-time regular employees. These benefit offerings are subject to change or termination at the sole discretion of the Council. Each is subject to the specific terms of its respective insurance policy and/or official resolution of the Council. 3.2. Paid Time Off (PTO). Paid Time Off is available to all full-time regular employees who have completed the equivalent of 90-days of full-time regular employment. PTO accrues as the employee works. Employees will not accrue PTO while on an unpaid leave of absence or under suspension of any kind. 3.2.1. PTO Accrual Schedule for Full-Time Employees. Each full-time employee will accrue 6.154 hours of PTO per pay cycle for a total of 160 PTO hours per year. Under no circumstances will any employee accrue more than 160 PTO hours per year. 3.2.2. Maximum Accrual. The maximum PTO hours allowed to accrue is 480. Once an employee reaches the maximum accrued PTO hours, no additional PTO will accrue until the employee’s PTO hours are reduced below the maximum. 3.2.3. Paid Time Off (PTO) Pay Out. Unused PTO hours are paid out at 85% of the employee’s current pay rate. PTO is to be paid out upon separation from employment with the City. Employees may fill out a “PTO Pay Out Request Form” to be paid out for accumulated PTO during employment. 3.2.4. Donation of PTO Time. In the event that an employee depletes their accrued PTO hours due to a major illness or injury, other employees may voluntarily donate PTO hours from their accrued PTO hours, provided the following criteria are met: 3.2.4.1. PTO may be donated only after an employee has entirely depleted Ammon City Council June 5, 2025 Page 103 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 57 their PTO hours and, if applicable, any remaining Sick Leave; 3.2.4.2. No more than 72 hours of PTO can be received through donations to a single employee in a three-year period; 3.2.4.3. An employee of a lower pay grade cannot donate hours to a higher pay grade employee. Pay grade distinctions shall be made by the City Administrator and/or HR Director; and 3.2.4.4. All PTO donations shall be anonymous and handled by the Human Resources Director. 3.2.4.5. Any requests for donating PTO that do not meet the criteria listed above may be evaluated and approved or denied at the sole discretion of the Mayor, or in absence of the Mayor, the City Administrator. 3.2.5. PTO Transition from Vacation/Sick Leave. Effective January 1, 2019 the following shall occur: 3.2.5.1. Vacation Leave and Sick Leave will no longer accrue. 3.2.5.2. All Vacation Leave accrued by an employee is converted to PTO hours. 3.2.5.3. All Sick Leave accrued will remain Sick Leave and can be used by employees in the event of illness to the employee or his/her immediate family living in their household or whom the employee is directly responsible for. Sick Leave must be used only in the event of an illness or injury that prevents the employee from working productively or safely or if an immediate family illness presents no practical alternative for necessary care. Surgeries, elective or otherwise, along with the necessary recovery time qualify for Sick Leave, if covered by insurance or preapproved by the managing official. When three (3) or more concurrent days of Sick Leave are requested, the managing official may require a physician’s notification in writing prior to approving the Sick Leave. Additionally, a physician’s written notification may also be required when there is evidence of Sick Leave abuse, such as requesting more days than the annual accrual rate within a one- year period. Abuse of Sick Leave benefits shall result in disciplinary action. Sick Leave shall not be paid out. 3.2.5.4. If an employee exceeds the 480 PTO hour maximum limit after converting their Vacation Leave to PTO hours, they will have 12 months to reduce their PTO hours to within the limit allowed. 3.3. Annual Longevity Bonus. Full-time employees with five (5) years of full-time service or more shall receive an annual Longevity Bonus. 3.3.1. The Longevity Bonus shall be calculated as follows: 3.3.1.1. $100/Year of service beginning at five (5) years of service. Years of service are calculated on September 30 of each year. 3.3.1.1.1. Calculation: Years of Service times 100 equals the Longevity Bonus. Ammon City Council June 5, 2025 Page 104 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 58 3.3.1.1.2. Example Calculation for an employee of five years: 5 X 100 = $500 3.3.1.1.3. Example Calculation for an employee of 17 years: 17 X 100 = $1700 3.3.1.2. The Longevity Bonus is available only as city budget permits. 3.3.1.3. Longevity Bonuses for all city employees shall be paid within the same month in any given fiscal year. The City Administrator shall determine the month in each fiscal year when Longevity Bonuses are paid to qualifying employees. 3.4. Holidays. 3.4.1. Official paid holidays are provided for full-time regular employees. Employees, who have regular, full-time active status, on the date of any holiday, shall receive no more than 8 hours compensation for that day even though they do not work. Holidays which fall on Saturdays shall be observed on the preceding Friday. Those which fall on Sunday shall be observed on the succeeding Monday. The Mayor has the authority to temporarily adjust the operating hours of City offices on days immediately preceding or following scheduled holidays based on workload and employee morale. 3.4.2. A holiday is a day of exemption from work granted to employees, during which said employees shall be compensated, as if they actually worked. Employees who work on a holiday shall be compensated according to the following calculation: Holiday Hours Hours worked on a holiday Full-time Exempt Employees Eight (8) hours at regular pay + No additional compensation Full-time Hourly Employees Eight (8) hours at regular pay + Overtime for hours actually worked Part-time and Seasonal Employees Zero (0) hours + Overtime for hours actually worked RECOGNIZED HOLIDAYS: New Year's Day Indigenous Peoples Day Martin Luther King, Jr./Human Rights Day Veterans Day Presidents' Day Thanksgiving Day Memorial Day Day after Thanksgiving Day Ammon City Council June 5, 2025 Page 105 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 59 Juneteenth Christmas Eve dismissed at 2 PM with no lunch Independence Day Christmas Day Labor Day 3.5. Bereavement Leave. Up to 40 hours of paid leave of absence for a death in the immediate family (spouse, parents, grandparents, children, grandchildren, brothers, sisters, aunts and uncles, including those related by law). Additional leave may be granted from accrued paid vacation leave or unpaid leave of absence. 3.6. Paid Parental Leave. The City of Ammon recognizes the need to support employees as they balance career and family life. This paid parental bonding leave policy addresses family and work-life balance as important and vital to the success of the City’s operations. This policy takes effect on April 16, 2024 and allows for up to 3 weeks (120 hours) of parental bonding leave (maternal/paternal) to be taken following the birth, adoption or fostering of a child and is administered in conjunction with the Family and Medical Leave Act of 1993 (FMLA) (rolling backward). Parental bonding leave will run concurrently with FMLA leave to the extent it qualifies. 3.6.1. Eligibility Criteria: 3.6.1.1. Has been employed with the City of Ammon for at least 12 consecutive months immediately preceding the leave and have worked at least 1,250 hours during the 12 consecutive months immediately preceding the date of the birth, adoption or foster; AND 3.6.1.2. Be a “Full-time Regular Employee” as defined in Section 4A of the City of Ammon Personnel Policy Manual; AND 3.6.1.3. Be a new parent by: 3.6.1.3.1. Childbirth; or 3.6.1.3.2. Adoption of a child 17 years of age or younger (the adoption of a new or existing spouse’s child is excluded from this policy); or 3.6.1.3.3. Being the new parent of a child born by a surrogate mother; or 3.6.1.3.4. Being an individual seeking to adopt a child after the birth of that child, but the adoption has yet to be finalized. 3.6.2. Use and Compensation of Leave. 3.6.2.1. Paid parental leave must be used within six (6) months after the birth date, adoption or foster care placement. 3.6.2.2. An employee may not receive more than 3 weeks (120 hours) of paid parental leave in a rolling 12-month period. Multiple births, adoptions or placement of more than one foster child within 12 months do not increase the length of paid parental leave. Ammon City Council June 5, 2025 Page 106 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 60 3.6.2.3. Employees may use paid parental leave continuously or on a predefined reduced work schedule, as long as it is used within six (6) months and approved by the employee’s department head. 3.6.2.4. Each week of paid parental leave is compensated at one hundred percent (100%) of the employee’s full time salary at the time of leave, as determined by their supervisor, and will be paid on regular scheduled pay dates. 3.6.2.5. The City will maintain all currently paid benefits for employees during the paid parental leave period. 3.6.2.6. Paid parental leave may not be donated to another employee. 3.6.3. Requesting Paid Parental Leave. 3.6.3.1. Paid parental leave must be requested in writing on the approved City request form through the Human Resources Department. 3.6.3.2. Employees must provide 30 days’ notice prior to taking paid parental leave, when foreseeable. Notice shall include the anticipated start date and expected duration of the leave. In situations where advance notice is not practical, the employee shall notify the department head as soon as feasible. “As soon as feasible” would ordinarily mean 10 business days. 3.6.3.3. When an employee requests paid parental leave, the City may require the employee to provide relevant health care provider or court documents to support the claimed basis for leave. 3.6.3.4. If an employee fails to provide the requested documentation within 10 days the City may withdraw or deny paid parental leave request. 3.6.4. Use in Conjunction with Other Leave Types. 3.6.4.1. Family and Medical Leave Act. Paid parental leave shall run concurrently with leave under FMLA. Any leave taken under this policy that falls under the definition circumstances qualifying for leave due to the birth or adoption of a child will be counted toward the 12 weeks of available FMLA leave per a 12-month period. An employee will be eligible for paid parental leave even if the employee has exhausted their FMLA time. If an employee is or becomes eligible for FMLA while on paid parental leave, the employee must apply for and use FMLA. 3.6.4.2. Other Leave Types. 3.6.4.2.1. If a paid holiday occurs while an employee is on paid parental leave, such a day will be coded to holiday pay and will not count towards the employee’s paid parental leave entitlement. 3.6.4.2.2. Employees on paid parental leave will continue to accrue PTO at their normal rate. 3.6.4.3. Effect of Separation on Leave: Upon termination of the individual's employment, he or she will not be paid for any Ammon City Council June 5, 2025 Page 107 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 61 unused paid parental leave for which he or she was eligible. 3.6.5. Use of parental bonding leave is flexible and need not be taken in full- week increments. However, as with any leave, the timing is subject to manager approval. 3.7. Leaves of Absence. Up to thirty days’ unpaid leave can be granted by the City Administrator for any justifiable purpose. Any unpaid leave request in excess of five (5) days must include an explanation of the reason for the unpaid leave and a statement from the Department Head stating how the employee’s position will be covered in the employee’s absence. 3.8. Family and Medical Leave Act. Employees of the City may have rights for up to 12 weeks of unpaid, job-protected leave under the provisions of the Family and Medical Leave Act of 1993, including any revisions that may be enacted to the Act, if they meet the following eligibility requirements, from the Code of Federal Regulations (CFR) section 825.110. "An eligible employee" is an employee of a covered employer who: 1) Has been employed by the employer for at least 12 months; and 2) Has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave; and 3) Is employed at a work site where 50 or more employees are employed by the employer within 75 miles of that work site. 3.8.1. An employee that has used this benefit, shall be eligible for an additional 12 weeks of this qualifying benefit only after the accumulation of an additional 1,250 hours of service from the date of returning to work as an eligible employee as described in CFR section 825-110. 3.8.2. Employees who work for an employer who employs less than 50 employees within 75 miles of that work site are not eligible for FMLA leave. 3.8.3. If an employee meets these eligibility requirements he/she may request up to 12 weeks of leave where the City shall continue the employee's benefits (employer portion only) during the leave period. 3.8.4. It is the employee’s responsibility to contact the Human Resources Department to discuss their rights and obligations for continuation of any current benefits they are receiving. Employees must make arrangements for payment of their portion of the benefit costs or discontinuation of those benefits shall occur. 3.8.5. If the employee does not return to work for reasons other than their own continued serious health condition or that of an eligible family member, the City may recover from the employee the premiums that were paid for the employee’s medical and life insurance benefits. HRA payments made during an employee’s leave period would also be included in benefits to be recovered. 3.8.6. Employees are required to use any accrued Paid Time Off (PTO) and sick leave before utilizing leave without pay under this FMLA policy. If paid leave accruals are less than 12 weeks, the employee may take the Ammon City Council June 5, 2025 Page 108 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 62 remainder of FMLA leave as unpaid leave. Employees shall continue to accrue leave while utilizing their paid sick leave and PTO. They shall cease to accrue PTO during the unpaid portion of their leave. 3.8.7. Employees are required to give 30 days’ advance notice or as much time as practical when the need for FMLA leave is foreseeable. The City reserves the right to request medical certification supporting any leave, and may require second or third opinions (at the City’s expense). The City may also require a doctor's fitness for duty report prior to your returning to work. Leave may be denied if these requirements are not met. The decision to allow an employee to return to work shall be solely the City’s, in compliance with the provisions of the Family and Medical Leave Act. 3.8.8. An eligible employee of the City who is the spouse, son, daughter, parent, or next of kin of an injured service member shall be entitled to a total of 26 work weeks of leave during a 12-month period to care for the service member. There is up to 12 weeks of unpaid leave for an employee if the spouse, son, daughter or parent has been called to active duty. An eligible employee may elect, or the City may require the employee, to substitute any of the accrued PTO personal leave, family leave, or medical or sick leave of the employee for any part of the 26-week period. 3.8.9. FMLA leave may be taken intermittently or on a reduced leave schedule in the circumstance of birth or placement of a child for adoption or foster care, care for a sick family member, or for an employee’s own serious health condition with prior written approval from the managing official, or when "medically necessary." 3.8.10. To request FMLA leave please write a brief letter or memo to your managing official indicating the reason for requesting FMLA leave and the expected duration of leave. Note: your managing official or administrator may request that you provide certification by your physician or medical practitioner indicating the diagnosis and probable duration of your medical condition, or the medical condition of your family member. 3.8.11. The City shall return the employee to the same or an equivalent position after returning from FMLA leave, subject to the terms of the Family and Medical Leave Act. The only exception may be for individuals who, under the provisions of the FMLA are considered to be a "key employee" whose extended absence would cause "substantial and grievous economic injury". 3.8.12. The City reserves the right to require periodic notices (determined by the City) of you or your family member's status and your intent to return to work. 3.8.13. The City reserves the right to designate any leave request as covered or not covered in compliance with the provisions of the Family and Medical Leave Act. 3.8.14. If you have any questions about your rights under FMLA, please contact the HR Director. Ammon City Council June 5, 2025 Page 109 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 63 3.9. Reduction in Benefits. The City, through the Council, reserves the right to change, condition, or terminate any benefits set forth in this section. No employee shall acquire any rights in any current or future status of benefits except as the law otherwise requires. 3.10. Benefits for Part-Time or Temporary Employees. Unless negotiated with the Council, required by PERSI or law, there are no provisions for benefits for part- time, seasonal or temporary employees. 3.11. Insurance Coverage Available to Employees. The City provides medical and life insurance benefits to full-time regular employees and medical benefits to elected officials. The City provides payments to a Health Reimbursement Account (HRA) benefit package for qualifying employees for coverage of dental and vision benefits. Additionally, the City provides family coverage at the employee's expense. For the costs of the family insurance charges consult with Human Resources. 3.11.1. Full-time regular employees are eligible for medical insurance benefits the first of the month following employment. Coverage is subject to policy terms and may change at any time. Continued health coverage is available to former employees at their own cost pursuant to federal law (COBRA). Information may be obtained from the HR Director. 3.11.2. Worker's compensation insurance covering job-related injuries is provided for all employees. Questions about worker's compensation issues should be directed to the Human Resources Department. 3.12. Retirement. The retirement plan of the City combines benefits of the Public Employees Retirement System of Idaho (PERSI) with Social Security (FICA). PERSI charges a percentage of an employee's gross salary, which is presently exempt from Federal and State income taxes, and the City matches this with an additional larger contribution. Contact the Human Resources Director for further information. 3.13. Miscellaneous Benefits. 3.13.1. Discount on City Utility Fees. Discounted utility fees of 50% shall be provided for full-time employees residing within the City limits or City utility service areas. 3.13.1.1. Utility discounts are limited to the primary residence of the employee. 3.13.1.2. Utility account shall be in the employee’s name. 3.13.2. Parks and City Facilities. 3.13.2.1. Rental of shelters, and/or Council chambers discounts of 50% shall be provided for all full time employees and elected officials. 3.13.2.2. Full time employees and elected officials are eligible to receive a City swimming pool pass good for 25 free open swim sessions. Pool passes are non-transferable. Passes are to be used by employee or employee’s immediate family members. Passes will be issued upon request only, and are valid for the current season. Individuals may begin requesting passes in May of each year; Ammon City Council June 5, 2025 Page 110 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 64 passes will be available for pick up five (5) days later, to allow for processing. Passes not used will expire on September 30 of the year issued. 3.13.3. Elected Officials. Elected officials may opt out of any benefit provided by the City of Ammon upon majority vote of the City Council if the change affects all members. Any individual elected official may opt out of any benefit at any time. 3.13.4. Transfer of Benefits with Employee Transfer. Accrued benefits for each employee continue to the benefit of that employee if the employee transfers from one department to another within the City. Any such transfer shall not result in a reduction of benefit offerings separate and apart from those realized by employees similarly situated. Ammon City Council June 5, 2025 Page 111 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 65 SECTION 5: EMPLOYEE EVALUATION AND DISCIPLINE 1.EVALUATION PROCEDURES 1.1. Standard Procedures. Each employee may be evaluated after 90 days of employment with the City and at least on an annual basis thereafter to assess the performance of the employee in the job being performed for the City. Annual evaluations for all departments shall be conducted during the month of September. Each evaluation shall be given on the basis of the managing official’s observations of the employee's performance, the accuracy of the employee's work in addition to the quantity, and additional efforts expended by the employee on behalf of the City. Each managing official is authorized to use necessary evaluation tools. An electronic record of the evaluation shall be kept for each employee review. 1.2. Interviews (Evaluation). Each evaluation shall be concluded with an interview between the evaluated employee and the managing official in which the employee will be told what the findings of the evaluation are. Each employee shall be given an opportunity to respond to the evaluation both verbally, in which case notes may be taken by the interviewer, or the employee may submit a written response to the employer's evaluation to be placed in the employee's personnel file, provided that it is filed with the employer within ten (10) days of the date of the evaluation. 2.EMPLOYEE PERSONNEL FILES 2.1. Personnel Records. The official City employee records, including medical records will be stored in a secure location, owned, operated and maintained by the City. Within these personnel files will be kept all records of payroll, employee performance evaluation, employee status, and other relevant materials related to the employee's service with the City. Any managing official or the employee himself/herself may contribute materials to the personnel files deemed relevant to the employee's performance and tenure. Each employee shall have the right to review materials placed in his/her personnel file at any reasonable time. Copies of materials in a personnel file are available to each employee without charge. Personnel files shall not be removed from the premises. 2.2. Access to Personnel Files. It is the policy of the City to allow limited access to the personnel file under the supervision of the official responsible for the record for any employee when properly requested. 2.2.1. Those authorized to evaluate materials in a personnel file include the Ammon City Council June 5, 2025 Page 112 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 66 employee's managing official, Human Resources Department, elected officials, City Attorney and the employee himself/herself. 2.2.2. Employee’s medical and workman’s comp history records shall be kept in a separate employee file from the employee’s personnel file and shall not be accessible to anyone other than the City Clerk, , or Human Resources Department. 2.2.3. The City Attorney shall have access to all personnel files as needed. 2.2.4. Information regarding personnel matters will only be provided to outside parties with a release from the employee or in other circumstances where release is deemed appropriate or necessary with the concurrence of both the official supervising the records and the City Attorney. 2.2.5. Based upon the inherent confidentiality of personnel matters, access of others to personnel files shall be only with authorization of the managing official and the City Attorney. 2.3. Management of Information in Personnel Files. Each employee shall be provided an opportunity to contest the contents of a personnel file at any time. This is to be done by filing a written objection and explanation which will be included in the file along with the objectionable material. In the sole judgment of the managing official, with the concurrence of the Council, any offending material may be removed upon a showing by the employee that it is inaccurate or misleading. 3. EMPLOYEE DISCIPLINE PROCEDURES AND PRINCIPLES 3.1. Purpose of Discipline Policy. The purpose underlying the discipline policy of the City is to establish a consistent procedure for maintaining suitable behavior and a productive working environment in the workplace. These procedures are directory in nature and minor variations of the processes set forth herein shall not affect the validity of any actions taken pursuant to this policy. 3.2. Disciplinary System Framework. The City adopts the following framework for actions to be taken in the event that City policies are violated by any employee. Progressive steps may be implemented in order to invoke disincentives to policy violations. The City reserves the right to take any of the prescribed steps in any order in the event that a managing official deems a policy violation or action of the employee to be serious enough to warrant a certain step. Such steps shall be documented in the record of the disciplinary action. Progressive discipline shall be applied only where the managing official believes that the potential for improvement and correcting the behavior is possible. 3.3. Hierarchy of Disciplinary Actions Available. The following actions are among the progressive disciplinary steps which can be taken by the department head in response to personnel policy violations. Any step in the disciplinary process may be skipped or waived; at the discretion of the managing official, considering the severity of the offense: Ammon City Council June 5, 2025 Page 113 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 67 3.3.1. Verbal warning 3.3.2. Written warning or reprimand. 3.3.3. Suspension with or without pay. 3.3.4. Probation. 3.3.5. Demotion. 3.3.6. Dismissal. 4.OPPORTUNITY TO BE HEARD—ASSERTIONS OF UNLAWFUL DISCRIMINATION AND RETALIATION AND “NAME-CLEARING HEARING” 4.1. All employees are at-will employees. However, at-will employees may from time to time experience adverse consequences of unlawful discrimination or retaliation. In addition, a public employee who is being demoted with a reduction in pay or terminated from employment based upon allegations of dishonesty, immorality or criminal misconduct is constitutionally entitled to a name-clearing hearing when one is requested. 4.2. Unlawful discrimination and retaliation address actions that are alleged to involve decisions based upon age, sex, race, religion, national origin or disability that is not a bona fide occupational qualification. The City does not condone discrimination on the basis of the foregoing unlawful categories. Unlawful retaliation addresses actions that are taken against an employee for initiating a charge of discrimination or harassment, or for assisting in any way in an investigation of such charges. 4.3. Failure to pursue this opportunity to be heard or name-clearing hearing procedure constitutes a waiver of this opportunity. 4.4. Issues involving job performance or employee attitude, without allegations of discrimination, retaliation, dishonesty, immorality or criminal misconduct, are not the proper subject of this procedure and will not be heard. 4.5. The procedure for the opportunity to be heard or name-clearing hearing is as follows: 4.5.1. Within fourteen (14) days of his/her termination or demotion, the employee may submit a written allegation of unlawful discrimination or retaliation, or the basis for entitlement to a name-clearing hearing, stating with particularity the basis for the requested hearing. Written allegations that are untimely submitted or that fail to state a particular, legally recognized basis will not be granted an opportunity to be heard. An employee will be promptly notified if a requested hearing is denied. 4.5.2. An employee alleging unlawful discrimination or retaliation, or who is legally entitled to a name–clearing hearing, will meet with the City Council. The hearing will not exceed one (1) hour in duration. 4.5.3. An audio recording of the hearing will be made and maintained as part of the personnel record. Ammon City Council June 5, 2025 Page 114 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 68 4.5.4. The employee’s supervisor may provide a brief written statement at least twenty-four (24) hours prior to the hearing in response to the charges. The City Council may require the employee’s supervisor to participate in the hearing. 4.5.5. The employee will be provided an opportunity to present evidence upon which the claims are based. 4.5.6. The City Council may ask questions during this process. 4.5.7. The employee may question participants during this process. 4.5.8. The Idaho Rules of Evidence do not apply to this opportunity to be heard or name-clearing hearing. 4.6. After the hearing, the City Council will consider the information submitted, and such other information as might be in the City’s records, to arrive at a decision concerning the employee’s allegations. The decision will set forth in writing the reasons for the City Council’s determination. Ammon City Council June 5, 2025 Page 115 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 69 SECTION 6: SEPARATION FROM EMPLOYMENT 1.REDUCTION IN FORCE 1.1. Employee assignments may be affected by reductions in force made due to economic conditions or to changes in staffing and workload. The Council reserves the right to make any changes in work force or assignment of resources that it deems to be in the City's best interest. The Council may also specify at the time reductions in force are made, what reinstatement preferences may accompany the reductions. Said reinstatement preferences may be tied to the classification of the employee or to specialized skills possessed by the employee. 1.2. Reorganization initiated to make more efficient use of resources or to accommodate budgetary needs shall not be subject to the appeal procedure established by the City. 2.REINSTATEMENT PREFERENCE 2.1. Employees who leave City employment, due to a reduction in force, shall retain a first right to return in the event of workforce rebuilding for one year from the date of their separation. Employees shall retain a preference only for work for which they are fully qualified and for which available service requirements can be met. 3.RETIREMENT POLICY 3.1. The retirement policy of the City shall comply in all respects with Federal and State requirements respecting mandatory retirement and the obligations established by the Public Employees Retirement System of Idaho (PERSI). No employee shall be compelled to retire except in compliance with said acts. 4.COBRA BENEFITS 4.1. Employees of the City who currently receive medical benefits and separate from employment may be eligible to continue those medical benefits at the employees’ sole cost and expense for a limited time in accordance with the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). If you have any questions regarding your right to continue your health coverage after separating from the City, please contact the HR Department. 5.EXIT INTERVIEW 5.1. Each employee who terminates from employment with the City is encouraged to participate in an exit interview with the City Administrator. In such interview, the interviewer shall notify the employee when certain benefits shall terminate, when final pay shall be issued and review the process to receive COBRA. The Ammon City Council June 5, 2025 Page 116 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 70 employee shall inform the interviewer about his/her impressions of employment in such interview. A record of the exit interview shall be completed and retained in the employee's personnel file. 6. RESIGNATION POLICY 6.1. Voluntary resignation will only be accepted if made in writing. Any verbal resignation will be treated as leave without approval, unless authorized by the managing official. Under leave without approval an employee may be terminated for "job abandonment" after three (3) consecutive days of leave that has not received approval. If the employee wants their formal records to indicate "voluntary resignation", they must do so in writing to their managing official. No employee who voluntarily resigns should expect that their position will be available at the same pay rate and/or benefits, if they desire to apply for rehire. 7. ABANDONMENT 7.1. Employees who have an unexcused or unauthorized absence of three (3) consecutive working days or more may be terminated for job abandonment. Ammon City Council June 5, 2025 Page 117 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 71 APPENDIX A: CITY OF AMMON ORGANIZATION CHART APPENDIX A: SIGNATURE PAGE OF RECEIPT AND UNDERSTANDING CITY OF AMMON PERSONNEL POLICY MANUAL ACKNOWLEDGEMENT OF RECEIPT SIGNATURE SHEET RECEIPT: I, ___________________________________________ acknowledge that I have received a copy of the City of Ammon Personnel Policy Manual. I understand that it is my responsibility to review this manual and it is a condition of my continued employment. My signature below affirms that I will read and understand the manual within fourteen (14) days of my hire date. If I have questions regarding any aspect of the policy and procedures of the City of Ammon, I will discuss these questions with my Department Head or the HR Department as necessary until I fully understand the policies and procedures of the City of Ammon. Additionally, my signature below affirms that: I understand that this manual is not a contract and cannot create a contract. I understand that I am obligated to perform my duties of employment in conformance with the provisions of the City of Ammon Personnel Policy Manual and any additional rules, regulations, policies or procedures imposed by the department in which I work, whether or not I choose to read the Manual. I understand that should this Policy be modified, I will be provided with a copy of the modification. __________________________________________ ___________________ Employee Signature Date __________________________________________ ___________________ Human Resource Date Ammon City Council June 5, 2025 Page 118 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 72 CITY OF AMMON PERSONNEL POLICY MANUAL ACCEPTANCE AND UNDERSTANDING SIGNATURE SHEET ACCEPTANCE: My signature below affirms that I have read and understand the terms of the City of Ammon Personnel Policy Manual and that I have addressed any concerns or questions regarding the policies and procedure with my Department Head or the HR Department. I further understand that I am governed by the contents of the personnel manual and it is my responsibility to remain familiar with all of the information contained therein. Any violation of this personnel manual may be cause for termination. _______________________________________________ ______________ Employee Signature Date ________________________________________________ ______________ Department Head Date Ammon City Council June 5, 2025 Page 119 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 73 APPENDIX B: NEW DRIVER CONTRACT CITY OF AMMON VEHICLE, EQUIPMENT USE AND DRIVING SAFETY POLICY NEW DRIVER CONTRACT I acknowledge that I have read and understand the City of Ammon’s Vehicle, Equipment Use and Driving Safety Policy. I also agree to the statements listed below and understand if I fail to meet any of the requirements or promises, my driving privileges could/will be suspended or revoked. Additional disciplinary action could also be taken, up to and including termination of employment depending upon the circumstance and severity of my driving actions or failure to meet these promises. ● I will abide by all requirements of the City of Ammon’s Vehicle, Equipment Use, and Driving Safety Policy. _________________________ _____________________ ____________ Employee Signature Printed Name Date _________________________ _____________________ ____________ Department Head Signature Printed Name Date Ammon City Council June 5, 2025 Page 120 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 74 REQUEST TO ADD/REMOVE DRIVER All information must be completely and accurately stated. Any omissions or inaccuracies will cause a delay or denial of authorization. Any questions please contact the Human Resource Department. Request: Check appropriate box: Add Driver ____Remove Driver ____Change Driver Info____ Driver Information Department:______________________________ Full Name:______________________________Date of Birth:______________________ Home Address: City: ______________________________ State: ______________________________ Zip: _____________________________ Home Phone: _________________________ Cell Phone: _________________________ Driver's License #:________________________State Issued: ____ Exp. Date:___/___ /__ License Class:______ License Restrictions: ________ License Endorsements:______ Driving History Fill out all that apply and provide dates, times and any pertinent details (for the past three (3) years. Use the back of this page if needed or write “none” if nothing to report. 1.Accidents:__________________________________________________________ __________________________________________________________________ 2.Tickets:____________________________________________________________ __________________________________________________________________ 3.Convictions:________________________________________________________ __________________________________________________________________ I certify that the information provided on this form is correct and accurate. I understand that this information will be used to obtain a record of my driving history from the Idaho State Repository. I further understand that the decision to authorize me as a driver for the City of Ammon will be based on this information. I have read and understand the City’s Vehicle, Equipment Use and Driving Safety Policy and agree to abide by all rules and regulations of the City of Ammon. _____________________________ _____________________________ _____________ Employee Signature Printed Name Date _____________________________ _____________________________ _____________ Department Head Signature Printed Name Date Ammon City Council June 5, 2025 Page 121 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 75 APPENDIX C: Controlled Substance Testing Consent Form for Current Employees As a condition of my continued employment with the City of Ammon, I consent to take a drug and/or alcohol test as required by the terms of the company's Substance Abuse Policy. I understand that in the event that my specimen tests positive for drugs, I will be given an opportunity to discuss that result with an MRO for the purpose of providing a reasonable explanation regarding my positive test result. I understand that if my test remains positive for illegal drugs I will be terminated from further employment with the company. I also understand that if I have a positive drug test and am subsequently fired because of that positive test, I waive all rights to receiving unemployment benefits and insurance, and will be responsible for all incurred attorney fees if I choose to contest this firing because of my positive drug test. I consent to the release of my drug and alcohol test results received by Minert & Associates, Inc., as the representative of the Medical Review Officer, to management officials at the City of Ammon and understand that those results will be held in confidence by all parties involved. I have received, read, and understand the terms of the City of Ammon's Drug Free Workplace testing program and agree to abide by those terms. _____________________________ Employee’s Name (Print) _____________________________ _________________ Employee's Signature Date Ammon City Council June 5, 2025 Page 122 of 166 City of Ammon Personnel Policy Manual – Amended by Resolution #2025-006R Page 76 APPENDIX D: DOT Drug Testing Consent Form for Current Drivers As a condition of my continued employment as a driver of a commercial motor vehicle for the City of Ammon, I consent to take a drug and/or alcohol test as required by the terms of the company's Substance Abuse Policy. I understand that in the event that my specimen tests positive for drugs, I will be given an opportunity to discuss that result with an MRO for the purpose of providing a reasonable explanation regarding my positive drug test. I understand that if my test remains positive for illegal drugs or alcohol, I will be terminated from employment with the City of Ammon. I also understand that if I have a positive drug test and am subsequently fired because of that positive test, I waive all rights to receiving unemployment benefits and insurance, and will be responsible for all incurred attorney fees if I choose to contest this firing because of my positive drug test. I consent to the release of my drug and alcohol test results received by Minert & Associates, Inc., as the representative of the Medical Review Officer, to management officials at the City of Ammon, and understand that those results will be held in confidence by all parties involved. I hereby provide consent to The City of Ammon to conduct a limited query of the FMCSA Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse. The term extends for the duration of my employment and includes, but is not limited to, annual queries. I understand that if the limited query conducted by the City of Ammon indicates that drug or alcohol violation information about me exists in the Clearinghouse, FMCSA will not disclose that information to the City of Ammon without first obtaining additional specific consent from me. I further understand that if I refuse to provide consent for the City of Ammon to conduct a limited query of the Clearinghouse, the City of Ammon must prohibit me from performing safety-sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations. I have received, read, and understand the terms of the City of Ammon's Drug Free Workplace testing program, and agree to abide by those terms. ___________________________ ___________________ Driver's Name (print) Date _________________________ ___________________ Driver's Signature Date Ammon City Council June 5, 2025 Page 123 of 166 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting June 5, 2025 Mayor Coletti and City Council Members: Ordinance #733 Amendments to Chapters 5 Supplementary Regulations and 37 District Use Matrix Staff Presenting: Cindy Donovan – Planning Director Recommendation: -Staff recommends approval of the amendments to Title 10 Chapters 5 and 37 Compliance: -This request is in compliance with the Comprehensive Plan and City Ordinance. Criteria for Decision: -10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. Summary of Analysis: 1.City Council approved the amendments to Chapters 5 and 37 on May 15, 2025. 2.Chapter 5 - Supplementary Regulations to Zones a.10-5-23 (O) Lighting of Parking Areas – added reference to 10-5-28 Outdoor and Exterior Lighting b.10-5-24 (B) Right of Way Park Strip – added text regarding plantings in this area 3.Chapter 37 – District Use Matrix a.10-37-2 (A) Dimensional Standards by Zone – amended minimum lot area in the following zones: i.RP – from 12,000 to 15,000 square feet ii.RP-A – from 10,000 to 13,000 square feet iii.R-1 – from 5,000 to 8,000 with a minimum lot width of 75 feet iv.R1-A – from 5,000 to 6,000 per unit with a minimum lot width of 52 feet per unit b.10-37-2 (A) Dimensional Standards by Zone – removed conditions of P6 and P7 based on amendments to State Statute which will take effect on July 1, 2025. c.10-37-2 (B) Side Setback Minimum – deleted text regarding no side yard requirement for accessory buildings located more than twelve (12) feet behind the main building. d.10-37-2 (C) Right of Way Park Strip – added text regarding plantings in this area Planning and Zoning Commission: -Public Hearing #2025-011 was held before the Commission on May 7, 2025 -Testimony: 1 person testified in favor of the amendments -Commission recommended approval unanimously with the exception of amendments to the R-1 zone lot size and width -Reasoned Statement: Ammon City Council June 5, 2025 Page 124 of 166 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 •Exception of the changes to the R-1 zone in Title 10 Chapter 37 •The chart lists the minimum and developers can build larger •Not adopting the proposed changes to R-1 allows more options and variety in R-1 zoning •Existing neighborhoods like Olsen Park, Hillview Village, and Hillsdale, zoned R-1, would not meet the proposed changes to the R-1 zone •Density is not impacted by changing minimum lot size and lot width Planning and Zoning Commission Notice of Hearing: -Notice was published in the Post Register on Friday, April 18, 2025 -Notice was mailed to 20 public entities on Friday, April 18, 2025 -Property posting was not required -Public Comment: No written testimony was received Motion: Approve Read provided script for Ordinance 733. Attachments: 1.Ordinance #733 Ammon City Council June 5, 2025 Page 125 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 1 CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE NO: 733 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 10, PLANNING AND ZONING; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 37, DISTRICT USE MATRIX; 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. Chapter 5, Supplementary Regulations Title 10 Chapter 5, Section 23 of the City Code of Ammon shall be amended to read as follows: 10-5-23: REQUIRED PARKING AND LOADING AREAS: (A)Off-street Parking Necessary. Off-street parking and loading space shall be provided in connection with the erection or change of use or occupancy, or the intensification of use of any building in accordance with the provisions of this ordinance, except that the Board of Adjustment, after a recommendation from planning and zoning, may reduce or eliminate the requirements for off-street parking under any of the following conditions: 1.When it can be shown that adequate parking space existed based on the ordinance in effect at the time the original or subsequent building permit was issued. 2.When the existence of a unique situation or condition mitigates the need for parking space to the extent required by a literal interpretation of this ordinance. 3.When a legal entity established for the purposes of supplying off street parking space has issued a statement to the City certifying that said legal entity will supply to the petitioner the required off- street parking space. (B)Parking and Loading Facilities, Non-Conforming. Any use of property which, on the effective date of this ordinance or of any subsequent amendment thereto, is non-conforming only as to the regulations relating to off-street parking and loading facilities may be continued in the same manner as if the parking and loading facilities were conforming. However, such parking and loading facilities as do exist shall not be further reduced unless substitute off street parking and loading space is provided which complies with the provisions of this ordinance. Ammon City Council June 5, 2025 Page 126 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 2 (C)Permissive Parking and Loading Facilities. Nothing in this Ordinance shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities in excess of those required by this ordinance, provided that all regulations herein governing the location, design and operation of such facilities are adhered to. (D)Parking Spaces Required. The number of off-street parking spaces required for each use shall be not less than the number set forth herein. When calculating the required number of parking spaces, areas designated as easements for drive-through access to other buildings and other designated driveways shall not be used. 1.Required parking, residential zone. These requirements shall pertain to all residential zones existing now, and those that may be added in the future, as defined by Section 10-11-1(A) excluding the RMH zone. (a)Number required. i.One- or two-unit dwellings shall provide two (2) parking spaces per dwelling unit. ii.Three or more-unit dwellings shall provide as follows: Studio, One (1) or two (2) bedroom units shall provide two (2) parking spaces per dwelling unit. Three (3) or more bedroom units shall provide two and one-half (2-1/2) parking spaces per dwelling unit. EXCEPTION: A reduction in the number of spaces required to one for each three units in residential developments designed for occupancy exclusively by the elderly. To qualify for this exception the applicant must provide written assurance that the occupants of all units will be persons over 62 years of age or their spouses. (b)Location of parking spaces for dwellings. Applicable to all zones (except those in which dwellings are not permitted). For single family detached dwellings in zones requiring ten thousand (10,000) or more square feet per lot, and for single family attached townhouse dwellings (those attached to adjacent units only via zero lot lines) in zones permitting no more than two (2) dwelling units per building, a minimum of two (2) spaces per dwelling unit for parking of automobiles shall be enclosed in a garage attached to the dwelling unit. For single family attached townhouse dwellings in zones permitting three (3) or four (4) dwelling units per building, a minimum of one (1) of the required parking spaces for each dwelling unit shall be enclosed in a garage attached to the dwelling unit. For single family attached dwelling in zones permitting five (5) or more dwelling units per building, a minimum of one (1) of the required parking spaces for each dwelling unit shall be within a carport or garage (attached or detached). For all other dwellings a minimum of one (1) space for parking of automobiles for dwelling units shall either be enclosed in a garage or carport, or sufficient yards must surround the parking space so that the parking space can be enclosed in a building or carport that maintains the minimum setbacks required in the zone. Additional parking required must meet the requirements of the zone in which it is located. Such parking spaces shall be located on the same lot as the building, except as may be permitted by the Board of Adjustment. The Board of Adjustment may authorize the Zoning Administrator to permit off-street parking spaces to be located off such lot if all of the following criteria are met: i.It would impose an unnecessary hardship upon the property of the appellant to insist that the off-street parking facilities be located on the same lot as the dwellings. Ammon City Council June 5, 2025 Page 127 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 3 ii.Substitute off-street parking facilities can be conveniently provided off such lot and within four hundred (400) feet. iii.A lease for a term of not less than five (5) years to use the substitute parking space can be secured by the appellant, or else the substitute parking space is owned by the appellant. (c)Garage access. All parking spaces in a garage must have direct vehicle access to a door leading to the exterior, without being blocked by another vehicle. Except for where each parking space has its own door to the exterior on either end of the garage. Tandem garages are permitted in the residential zone of RE, RP, RP-A, and R-1, subject to building permit and current building codes adopted by the City of Ammon. Tandem garages shall be no more than two spaces in depth. The parking space provided by a tandem garage shall not be considered in the minimum required parking spaces for automobiles. (d)When the required parking area for a multi-family dwelling is provided in the rear of the dwelling, that dwelling shall have a direct access to the rear parking area. No parking in the rear of a multi-family dwelling that does not contain a rear yard entrance from the dwelling shall be counted as meeting the required parking for said dwelling. (e)All alley loaded residential units shall have a minimum driveway length of twenty (20) feet measured from the edge of asphalt, or back of sidewalk if applicable, to the foundation wall. 2.Required parking, commercial zones. These requirements shall pertain to all commercial zones existing now, and those that may be added in the future, as defined by Section 10-11-1-(B) excluding the PB zone. (a)Number required. i.Automobile and machinery sales, excluding automobile sales facilities that do not perform vehicle repair or services: One (1) for each seven hundred fifty (750) square feet of floor area. ii.Banks: One (1) for each five hundred (500) square feet of floor area. iii.Bowling Alleys: Five (5) for each alley. Additional parking spaces for balance of building calculated according to use. iv.Retail establishments and Service Establishments otherwise not enumerated in this section, such as drug stores, department stores, repair shops, animal hospitals, business schools, dance studios: three (3) for each one thousand (1,000) square feet of building floor area, except area devoted exclusively to warehousing or storage, v.Theaters, auditoriums, stadiums, sports arenas, gymnasiums: One (1) for each three (3) fixed/bench seats or one (1) for every thirty-five (35) square feet of seating area, where there are no fixed/bench seats. Also, one (1) for each six hundred (600) square feet of floor area not used for seating. vi.Cafes, cafeterias, restaurants and other similar places dispersing food or refreshments: One (1) for each five (5) fixed/bench seats or for every thirty-five (35) square feet of seating area where there are no fixed/bench seats. Ammon City Council June 5, 2025 Page 128 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 4 vii.Dance halls and skating rinks: One (1) for each five (5) fixed/bench seats or for every thirty-five (35) square feet of seating area where there are no fixed/bench seats, plus one (1) parking space for each seventy-five (75) square feet of floor area used for dancing or skating. viii.Furniture sales and repair, major household appliance sales and repair: One (1) for each one thousand (1,000) square feet of floor area. ix.Hotels and Motels: One (1) for each living or sleeping unit, plus one (1) for each employee on the largest shift. x.Medical, chiropractic and dental clinics and offices: One (1) for each patient care space, plus one (1) for each employee on the largest shift. xi.Mortuary and funeral home: One (1) for each five (5) fixed/bench seats of all areas used simultaneously for assembly purposes or for each thirty-five (35) square feet of floor space used for such assembly purposes. Also, one (1) for each vehicle used in connection with the use. xii.Drive-ins (involving no inside seating): One (1) space for each thirty-five (35) square feet of building floor area, plus one space for each employee on the largest shift. xiii.Open air commercial uses, such as nurseries and vehicle sale lots that do not have vehicle repair or service facilities: One (1) for each two thousand (2,000) square feet of lot area devoted to sales and display. xiv.Plumbing, heating and electrical shops: One (1) for each six hundred (600) square feet of floor area, plus one (1) for each vehicle used in connection with the use. xv.Convalescent Home: One (1) for each five (5) patient beds, plus one (1) for each employee on the largest shift. xvi.Rooming house, dormitory, fraternity house and sorority house: One (1) parking space for each sleeping room or one parking space for each one hundred (100) square feet of floor area used for sleeping purposes, whichever is greater. xvii.Skilled Care/Assisted Living: One (1) space per five (5) patient beds, plus one (1) for each employee on the largest shift. 3.Required parking Professional and Manufacturing. These requirements will pertain to professional office or manufacturing zones existing today and those that may be added in the future. Zones included are: PB and M-1. i.Professional business or administrative offices (excluding medical, chiropractic and dental): One (1) for each three hundred (300) square feet of floor area. ii.Professional business or administrative offices with no customers that visit the site: One (1) for each three hundred (300) square feet of floor area. iii.Manufacturing, processing or fabricating establishments: One (1) for each seven hundred fifty (750) square feet of working space. 4.Required parking, industrial and warehousing uses. Ammon City Council June 5, 2025 Page 129 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 5 Number required. Industrial and warehouse uses: One (1) space for each one thousand (1,000) square feet of floor area, plus one (1) for each vehicle used in connection with the use. 5.Required parking, other uses. (a)Number required. i.Churches, clubs, lodges, fraternal organizations, social halls, assembly halls: One (1) for each five (5) fixed/bench seats in all areas used simultaneously for assembly purposes or one (1) for each thirty-five (35) square feet of floor space used for such assembly purposes where there are no fixed/bench seats. ii.Governmental buildings designed for a public use not otherwise enumerated in this section, such as public libraries: One (1) for each six hundred (600) square feet of floor area. iii.Hospitals and sanitariums: One and one-half (1-1/2) spaces for each patient bed. iv.Public utility facilities, including electrical substations, telephone exchanges, maintenance and storage facilities: One (1) for each six hundred (600) square feet of office space or work area within a structure. Also, one (1) for each vehicle used in connection with the use. No requirements for facilities which are normally unattended by employees, except for occasional maintenance. v.Public or private elementary and junior high schools: Ten (10) spaces, plus one (1) space for each full-time equivalent employee. vi.Public or private high schools: One (1) for each ten (10) students, plus one (1) for each full-time equivalent employee. 6.Required parking, uses not mentioned. The required off-street parking for any building, structure or use of land of a type which is not listed in this section shall be determined by the Board of Adjustment. The Board of Adjustment shall be guided as much as possible by comparison, with similar uses, which are listed. (E)Location and Control of Parking Facilities, Other Than Dwellings. The off-street parking facilities required by this ordinance in connection with uses other than dwellings shall be located on the same lot or parcel of land as the use they are intended to serve, except that a substitute location may be provided which meets the following conditions: 1.All or part of substitute location is within four hundred (400) feet from the principal use for which the parking is being provided. Said distance shall be measured as a walking distance along a public street or sidewalk. Substitute parking must be directly accessible from the parking area to the principal use. In any case that an arterial roadway must be crossed to access substitute parking, there must be an approved crosswalk and any required control devices as required by the City Engineer shall be provided. 2.The substitute lot is possessed by the same owner as the use it is intended to serve, or is possessed by a legal entity established for the purpose of providing off-street parking facilities for its members. Such possession may be by deed or long-term lease, the terms of which meet the approval of the City Council. The present and future owners of the substitute lot shall be bound by covenants filed in the office of the County Recorder, or by a certificate from the legal entity entitling the owner and his customers to parking privileges. The owner of such use shall be required to maintain the number of parking spaces for the duration of the use served. Ammon City Council June 5, 2025 Page 130 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 6 (F)Computation of Required Parking Space. For the purpose of computing off street parking spaces, which are required by this ordinance, the following rules shall apply: 1.Floor area shall mean gross floor area, unless otherwise specified for a particular use. (See definition.) 2.In stadiums, sports arenas, churches and other places of assembly in which benches or pews are used in place of seats, each eighteen (18) inches of length of such benches or pews shall be counted as one (1) seat. 3.When determination of the number of off-street parking spaces results in a requirement of a fractional space, any fraction of less than one half (1/2) may be disregarded, while a fraction of one-half (1/2) or more shall be counted as one (1) required parking space. 4.In the event a use normally existing in a more restrictive zone is placed in a less restrictive zone the requirements from the most restrictive zone shall apply when calculating the parking needs. EG. A commercial use placed in an I&M zone would require the same requirements as would normally be required in the commercial zone. 5.When calculating parking for a building containing three (3) or more attached dwelling units the garage shall be used as one-half (1/2) of a parking space per garage stall. 6.Calculations of parking spaces for building permits are based on the zone and input from the property owner at the time the building permit is issued. Issuance of a building permit does not guarantee the issuance of a business license. Business licenses are issued based on the use of the business at the time of application and all parking requirements must be met prior to the issuance of a business license. All parking requirements are the responsibility of the property owner. (G)Combined Parking Facilities. The required off-street parking and loading facilities may be provided collectively for two (2) or more buildings or uses, provided that the total number of parking spaces shall be not less than the sum of the requirements for each of the individual uses, and provided that all other requirements of this ordinance are met. Parking may only be combined in the case of single ownership of the shared buildings or with a common area agreement allowing shared parking and loading facilities and, in such case, properties must be adjacent to one another. The common area agreement must be on file with the City. (H)Mixed Uses. Calculation of parking requirements for a new building shall be done at the minimum requirement of the zone which the use is located in. In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirements for off-street parking and off-street loading space shall be in the sum of the requirements of the various uses computed separately. When calculating mixed uses for an existing building and those mixed uses operate and create different demands of parking based on the operating hours and/or peak hours of operation the parking requirements may be reduced below the combined total of the two uses. Reduction in parking requirements shall only be allowed after a presentation of the hours and/or peak hours of the given uses to the reviewing staff for business licensing. (I)Size of Parking Spaces. No off-street parking space shall have dimensions of less than ten (10) feet in width and twenty (20) feet, in length. The size of a required parking space shall be determined by City policy 50-003 as standards adopted by the City of Ammon. No part of the area of a required parking space shall be used for driveways, aisles or other required improvements. Stalls under the minimum size shall not be included in the calculation for required parking spaces. Ammon City Council June 5, 2025 Page 131 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 7 (J)Access to Parking Facilities. Access driveways shall be provided for ingress to and egress from all parking and loading facilities. Each parking and loading space shall be easily accessible to the intended user. The width of driveway entrances and exits from a public street shall be as set forth in City ordinances controlling and regulating access to public streets. (K)Other Access Requirements. The following additional requirements shall govern access to off-street parking facilities: 1.Forward travel to and from parking facilities from a dedicated street or alley is required for all uses except residential. The parking area shall be adequate to facilitate the turning of vehicles to permit forward travel upon entering a street. 2.All uses, which adjoin a major or secondary highway, shall, wherever possible, have access by way of a service road or alley. 3.The access to all off-street parking facilities shall be designed in a manner, which will not interfere with the movement of traffic. 4.Access driveways across sidewalks or pedestrian ways shall be designed in such a manner as to promote pedestrian safety. (L)Circulation Within a Parking Area. The circulation within a parking area shall comply with the following requirements: 1.Minimum aisle widths shall be provided in accordance with the angle of the parking spaces they serve: 30° Parking - 12 feet 45° Parking - 12 feet 60° Parking - 18 feet 90° Parking - 24 feet Other aisle widths shall be determined by interpolation from the above minimum requirements. 2.Circulation within a parking area with more than one (1) aisle must be such that a car need not enter the street to reach another aisle within the same parking area. (M)Location of Parking Facilities Restricted. The location of parking and loading facilities shall comply with the following: 1.In Residential Zones, the parking required by section 10-5-23-(D)-1-(b), shall not be permitted in the required front yard or the required side yard that faces on a street. Parking may be permitted in other required side and rear yards in the residential zones, providing all other requirements of this ordinance are met. 2.In the Business Commercial and Industrial Zones, the required yard areas may be used for parking (except when specifically prohibited in the zone), provided that a protective curb shall be installed not less than two (2) feet from the edge of the sidewalk or in the case where there is no sidewalk then two (2) feet from the edge of the street line to prevent the use of the sidewalk for automobile parking, bumper overhang and travel purposes. 3.No part of any parking area for more than five (5) vehicles shall be closer than ten (10) feet to any residence, school, hospital or other institution for human care located on an adjoining lot, unless screened by a masonry wall or hedge not less than four (4) feet in height. Ammon City Council June 5, 2025 Page 132 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 8 (N)Development and Maintenance of Parking Areas. Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and a vehicle sales area, shall be developed and maintained in good condition and in accordance with the provisions of this ordinance and the requirements of the zone in which the parking space is located. All commercial parking areas, parking area drive aisles and commercial drive aisle/sales areas shall be constructed of hard surface material such as but not limited to asphalt and concrete. All areas required to be hard surface that are adjacent to the front of a building, the frontage of a city street or the area adjacent to a required landscape area shall be either asphalt or concrete, or on a case-by-case basis, similar material that may be approved by the City Engineer. Areas in the rear of a commercial or industrial building contained in a fenced area are not required to be hard surface but must be maintained weed free and with gravel in any area that is used for parking and/or storage. (O)Lighting of Parking Areas. Any lighting used to illuminate off-street parking facilities or vehicle sales area shall be so arranged as to reflect the light away from the adjoining premises in any residential zone. See 10- 5-28 Outdoor and Exterior Lighting below. (P)Limitation on Use of Required Parking Areas. Required parking areas shall be used exclusively for vehicle parking in conjunction with a permitted use and shall not be reduced or encroached upon in any manner. Parking areas above minimum standards may be used for special events or merchandise stands providing any required permits have been obtained from the City. The parking facilities shall be so designed and maintained as not to constitute a nuisance at any time, and shall be used in such a manner that no hazard to persons or property, or unreasonable impediment to traffic will result. (Q)Continuing Obligation. The required off-street parking and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading facilities without providing other vehicle parking or loading area which meets the requirements of this ordinance. (R)Site Plan Approval Required. At the time a building permit is requested for any building or structure, or at the time a new use of land which would require off-street parking is established, a site plan shall be submitted showing the proposed development of the property, including the layout and development of the parking and loading facilities; except that said plans shall not be required when parking space is to be provided by a legal entity established for the purpose of providing off street parking facilities. All parking and loading spaces shall be designated, as well as the access aisles and other improvement. The Zoning Administrator may disapprove such plans if they are found to be inconsistent with the requirements of this ordinance. (S)Required Off-street Loading Space. One (1) off-street loading space shall be provided and maintained for every building or separate occupancy having a gross floor area of ten thousand (10,000) square feet or more which requires the receipt or distribution of goods, material merchandise or supplies by vehicle, except that the Board of Adjustment may permit off-street loading facilities for two (2) or more buildings to be combined. One (1) additional loading space shall be provided for each additional twenty thousand (20,000) square feet of gross floor area of such building or for each vehicle which must be loaded or unloaded at the same time, whichever requirement is greater. Each required off-street loading space shall not be less than ten (10) feet in width, twenty-five (25) feet in length and fourteen (14) feet in height. Such required off-street loading space shall be provided on the same lot as the building or principal use, except that the Board of Adjustment may authorize the use of substitute loading facilities subject to the following conditions. 1.The substitute off-street loading facilities are conveniently located on nearby property. 2.Use of public streets or alleys will not be required in loading and unloading activities, and all such activities can be conducted off public rights-of-way. Ammon City Council June 5, 2025 Page 133 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 9 Chapter 5, Section 24 of the City Code of Ammon shall be amended to read as follows: 10-5-24: LANDSCAPING: The purpose of the landscaping requirements in this ordinance shall be to bring relief from heat, noise and glare through proper placement of green plants and trees and to enhance, conserve and stabilize property values by encouraging pleasant and attractive surroundings. (A)Landscaping Defined. Landscaping shall mean some combination of planted trees, shrubs, vines, ground cover, flowers or lawns. In addition, the combination or design may include rock and such structural features as fountains, pools, art works, screens, walls, fences or benches, but such objects alone shall not meet the requirements of this ordinance. The selected combination of objects for landscaping purposes shall be arranged in a harmonious manner. (B)Right of Way Park Strip. The area described is within the City Right of Way and the function of this park strip is to allow for plowed snow to be off the street but not on the sidewalk. In areas where there is a park strip between the curb and the sidewalk all plantings should be able to withstand plowed snow and be in compliance with preferred trees within the City. Any species from the Salix genus and the Populus genus are prohibited from the public right-of-way and may be removed by the City of Ammon without notice. Whereas, this is City property any plantings within this area that are destroyed will not be replaced by the City of Ammon. (C)Landscaping and Screening Required. In zones requiring landscaping there shall be a landscaped strip of lawn, shrubbery and/or trees provided and maintained along the entire length of any street within the zone. A landscaping width of thirty (30) feet for all developments abutting any arterial street shall be required. Developments abutting a collector street shall provide a fifteen (15) foot buffer along the collector. Developments having frontage on both an arterial and a collector or local street shall provide the above landscaping requirements on both streets. The landscaping plan shall show the location and species of all plants, along with plans for sprinkler irrigation and other landscape features. Additional landscaping may be required as determined by the Planning and Zoning Commission or the Governing Board. (D)Maintenance. Required landscape areas shall be maintained in a neat, clean orderly and healthful condition. This is meant to include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants, when necessary, and the regular watering of all plantings. Required landscaped areas shall be provided with a suitable permanent method for watering or sprinkling of plants. This watering system shall consist of sprinklers or hose bibs to insure a sufficient amount of water for plants within the landscaped area. (E)Screening Requirements. Screening shall be provided between residential and non-residential zones. Screening shall consist of evergreen shrubs closely spaced, walls, fences to be maintained at a minimum height of six (6) feet unless otherwise specified. In some cases, the requirement of the “park landscape strip” buffer may be required. (F)Site Plan Required. Where landscaping is required in this ordinance, a site plan showing the proposed landscaping development, water system and use of the property shall be submitted to the Zoning Administrator. The same site plan used to show parking layout or other requirements for the issuance of a building permit may be used, providing all proposed landscaping is adequately detailed on said site plan. The Zoning Administrator may disapprove such plans if it is determined that they are not consistent with the purposes of this ordinance. (G)Nonconforming Status. Any use of property which, on the effective date of this ordinance or any subsequent amendment thereto if non-conforming only as to the regulations, relating to landscaping may be continued in the same manner as if the landscaping was conforming. However, such may not be increased in intensity except in accordance with the requirements of the ordinance shall not be reduced unless suitable substitutions are made which would meet the requirements of this ordinance. (H)Time to Complete. In zones requiring landscaping, no certificate of occupancy shall be granted until landscaping has been installed in accordance with the approved landscape plan for such property. Where the Board of Adjustment determines it is warranted, an exception to this requirement may be granted, subject to Ammon City Council June 5, 2025 Page 134 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 10 such terms and conditions as imposed by the Board to assure completion of installation of all required landscaping by a later, specified date. Section 2. Chapter 37, District Use Matrix Chapter 37, Section 2 of the City Code of Ammon shall be amended to read as follows: (B)Side Setback Minimum. Subject to §10-37-2(A), for all buildings the distance from the point of the building’s foundation closest to the side property line to said property line shall be a minimum of the distance shown in the chart, or not less than eight (8.00) inches for each foot of building height, whichever is greater. For the property line between zero lot line single family attached dwellings where the dwelling units are attached by party wall/common walls the following apply: 1.At the point at the rear of any party wall/common wall where an attached dwelling becomes detached along the zero-lot line, the side setback requirement shall be no less than four (4.00) feet from the foundation of the detachment to the property line. 2.For detached portions that are at the front of an attached dwelling there shall be no less than four (4.00) feet from the foundation of the detachment to the property line and there shall be no more than four (4.00) feet running front to back of the dwelling that shall be detached from the dwelling sharing the party wall/common wall. 3.There shall be an attached party wall/common wall of no less than twelve (12.00) feet between any permitted attached dwellings. (C)Right-of-Way Park Strip. The area described is within the City Right of Way and the function of this park strip is to allow for plowed snow to be off the street but not on the sidewalk. In areas where there is a park strip between the curb and the sidewalk all plantings should be able to withstand plowed snow and be in compliance with preferred trees within the City. Any species from the Salix genus and the Populus genus are prohibited from the public right-of-way and may be removed by the City of Ammon without notice. Whereas, this is City property any plantings within this area that are destroyed will not be replaced by the City of Ammon. Section 3. 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 4. Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a 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. Section 5. Effective Date. This ordinance shall be effective upon its passage and publication as provided by law. Enacted by the City Council as an ordinance of the City of Ammon on the 5th day of June, 2025. Approved by the Mayor on the 5th day of June, 2025. CITY OF AMMON __________________________________ Sean Coletti, Mayor ATTEST: _______________________________ Micah Austin, Interim City Clerk Ammon City Council June 5, 2025 Page 135 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 11 STATE OF IDAHO ) ) ss. County of Bonneville ) I, MICAH AUSTIN, CITY CLERK OF THE CITY OF AMMON, IDAHO DO HEREBY CERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 10, PLANNING AND ZONING; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 37, DISTRICT USE MATRIX; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. DATED this 5th day of June, 2025. ________________________________ Micah Austin, Interim City Clerk Ammon City Council June 5, 2025 Page 136 of 166 Ordinance #733 TITLE 10 AMENDMENTS – Page 12 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: 733 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 10, PLANNING AND ZONING; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 37, DISTRICT USE MATRIX; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available at the City Clerk’s Office, Ammon City Office, 2135 S Ammon Road, Ammon, Idaho. ATTEST: CITY OF AMMON _______________________________ __________________________________ Micah Ausitn, Interim City Clerk Sean Coletti, Mayor I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance #733 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 5th day of June, 2025. ________________________________ Scott Hall, City Attorney Ammon City Council June 5, 2025 Page 137 of 166 STEPS TO ADOPT AN ORDINANCE Ordinance 733 Step 1: -Ordinance No. 733 is introduced by a City Council member and read by title as follows: ORDINANCE 733 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 10, PLANNING AND ZONING; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 37, DISTRICT USE MATRIX; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Step 2: -The Council member makes the following motion: “I move that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived.” -Councilperson seconds: “I second the motion.” -City Clerk takes a roll call vote on motion. Step 3: -Ordinance is read by title again by a Council member: ORDINANCE 733 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 10, PLANNING AND ZONING; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 37, DISTRICT USE MATRIX; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Step 4: -The Council member makes the following motion: “I move the adoption of ordinance No. 733 and summary as an ordinance of the City of Ammon on its third and final reading.” -Councilperson seconds: “I second the motion.” -City Clerk takes a roll call vote on the final adoption. Ammon City Council June 5, 2025 Page 138 of 166 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting June 5, 2025 Mayor Coletti and City Council Members: Public Hearing #2025-012 Amendments to Title 2 Chapter 1 Planning and Zoning Commission Staff Presenting: Cindy Donovan – Planning Director Recommendation: -Staff recommends approval of the amendments to Title 2 Chapter 1 Compliance: -This request is in compliance with City Ordinance and Idaho Code. Criteria for Decision: -Chapter 1 Official City Code, Section 3 Amendments •1-1-3 AMENDMENTS: Any ordinance amending this Code shall set forth the Chapter, Title, and Section number of the section or sections to be amended. All such ordinances shall comply with the provisions of this Code and Chapter 9, Title 50 Idaho Code, regarding passage, execution, and publication of ordinances. All such amendments of ordinances shall be published as required and appropriate copies prepared for insertion in this Code. -Idaho Code Title 50 Municipal Corporations Chapter 9 Ordinances, City Code, Records -Idaho Code 67-6504. Planning and Zoning Commission – Creation – Membership – Organization –Rules – Records – Expenditures - Staff Summary of Analysis: 1.Chapter 2 – Planning and Zoning Commission a.2-1-2: QUALIFICATIONS: amend to include the requirement that a Commissioner must live in the City Area of Impact b.2-1-3: TERM OF OFFICE: amend to delete the phrase “and shall serve without compensation.” c.The balance of Chapter 2 will remain unchanged. Notice of Hearing: -Notice was published in the Post Register on Friday, May 16, 2025 -Notice was mailed to 20 public entities on Friday, May 16, 2025 -Property posting was not required -Public Comment: No written comment was received. Motion: Approve Read provided script for ordinance 734. Deny Ammon City Council June 5, 2025 Page 139 of 166 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 I move to deny the amendments to Title 2 Chapter 1 finding it is not in compliance with City Ordinance. (state reasons for denial) Continue I move to continue the amendments to Title 2 Chapter 1 until further information can be obtained. (state information required) Attachments: 1.Title 2 Chapter 1 – Planning and Zoning Commission 2.Ordinance #734 Ammon City Council June 5, 2025 Page 140 of 166 −1 − CHAPTER 1 PLANNING AND ZONING COMMISSION SECTION 2-1-1:Appointment 2-1-2:Qualifications 2-1-3:Term of Office 2-1-4:Organization; Rules and Meetings 2-1-5:Duties 2-1-1: APPOINTMENT: The Mayor, with the consent by the Council, shall appoint a Planning and Zoning Commission of not less than six (6) or more than twelve (12) members. 2-1-2: QUALIFICATIONS: All members of the Commission shall reside within Bonneville County in the City Area of Impact, provided no more than three members may reside outside the boundaries of the City. All members shall have resided within Bonneville County for a period of two (2) consecutive years immediately preceding their appointment. No elected or appointed officer of the City shall serve as an official member of the Planning and Zoning Commission. 2-1-3: TERM OF OFFICE: Members of the Planning and Zoning Commission shall serve a term of three (3) years. The term of each member shall expire on December 31 of the third year following their appointment, provided the terms of no more than one-third (1/3) of the full commission shall expire in any one (1) year. Vacancies in the office of the commission during the term of an appointed member shall be filled by the Mayor and Council for the unexpired term of the incumbent. Members may be removed by a majority vote of the full Council. Members shall be selected without respect to political affiliation and shall serve without compensation. 2-1-4: ORGANIZATION; RULES AND MEETINGS: The Commission shall elect its own chairperson and create and fill such other offices as necessary. One (1) regular meeting shall be held each month for not less than nine (9) months in each year. A majority of the members of the Commission shall constitute a quorum at any meeting. All meetings and records of the Commission shall be open to the public. Written rules consistent with this Chapter and the laws of the State for the transaction of business of the Commission shall be adopted, and a written record of the resolutions, findings and determinations shall be kept. 2-1-5: DUTIES: The Planning and Zoning Commission shall examine all proposals, applications and petitions and shall make recommendations to the City Ammon City Council June 5, 2025 Page 141 of 166 −2 − Council concerning the zoning of properties within the City and properties to be annexed thereto. The Planning and Zoning Commission shall recommend to the Council changes regarding the City's comprehensive plan. The commission may suggest changes in the Zoning Ordinance and shall study and make recommendations for the laying out, widening, extending and locating of streets, roads and highways in the City, the future development, growth and beautification of the City's streets, parks, grounds and lands. The Planning and Zoning Commission shall have all powers and duties assigned to it by the Zoning Ordinance. It shall act in an advisory capacity to the Board of Adjustment when requested by the Board. All maps, plats and replats of land which require the approval of the Council shall be submitted first to the Planning and Zoning Commission for its recommendation. The Planning and Zoning Commission also shall perform other duties required under state law or as directed by the Council. Ammon City Council June 5, 2025 Page 142 of 166 Ordinance #734 TITLE 2 CHAPTER 1 AMENDMENT – Page 1 CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE NO: 734 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 2, BOARDS AND COMMISSIONS; CHAPTER 1, PLANNING AND ZONING COMMISSION; 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 2 Boards and Commissions, Chapter 1 Planning and Zoning Commission Title 2, Chapter 1, Section 2 of the City Code of Ammon shall be amended to read as follows: 2-1-2: QUALIFICATIONS: All members of the Commission shall reside within Bonneville County in the City Area of Impact, provided no more than three members may reside outside the boundaries of the City. All members shall have resided within Bonneville County for a period of two (2) consecutive years immediately preceding their appointment. No elected or appointed officer of the City shall serve as an official member of the Planning and Zoning Commission. Title 2, Chapter 1, Section 3 of the City Code of Ammon shall be amended to read as follows: 2-1-3: TERM OF OFFICE: Members of the Planning and Zoning Commission shall serve a term of three (3) years. The term of each member shall expire on December 31 of the third year following their appointment, provided the terms of no more than one-third (1/3) of the full commission shall expire in any one (1) year. Vacancies in the office of the commission during the term of an appointed member shall be filled by the Mayor and Council for the unexpired term of the incumbent. Members may be removed by a majority vote of the full Council. Members shall be selected without respect to political affiliation. 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 by a 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. Ammon City Council June 5, 2025 Page 143 of 166 Ordinance #734 TITLE 2 CHAPTER 1 AMENDMENT – Page 2 Section 4. Effective Date. This ordinance shall be effective upon its passage and publication as provided by law. Enacted by the City Council as an ordinance of the City of Ammon on the 5th day of June, 2025. Approved by the Mayor on the 5th day of June, 2025. CITY OF AMMON __________________________________ Sean Coletti, Mayor ATTEST: _______________________________ Micah Austin, Interim City Clerk STATE OF IDAHO ) ) ss. County of Bonneville ) I, MICAH AUSTIN, INTERIM CITY CLERK OF THE CITY OF AMMON, IDAHO DO HEREBY CERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 2, BOARDS AND COMMISSIONS; CHAPTER 1, PLANNING AND ZONING COMMISSION; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. DATED this 5th day of June, 2025. ________________________________ Micah Austin, Interim City Clerk Ammon City Council June 5, 2025 Page 144 of 166 Ordinance #734 TITLE 2 CHAPTER 1 AMENDMENT – Page 3 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: 734 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 2, BOARDS AND COMMISSIONS; CHAPTER 1, PLANNING AND ZONING COMMISSION; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available at the City Clerk’s Office, Ammon City Office, 2135 S Ammon Road, Ammon, Idaho. ATTEST: CITY OF AMMON _______________________________ __________________________________ Micah Austin, Interim City Clerk Sean Coletti, Mayor I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance #734 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 5th day of June, 2025. ________________________________ Scott Hall, City Attorney Ammon City Council June 5, 2025 Page 145 of 166 STEPS TO ADOPT AN ORDINANCE Ordinance 734 Step 1: -Ordinance No. 734 is introduced by a City Council member and read by title as follows: ORDINANCE 734 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 2, BOARDS AND COMMISSIONS; CHAPTER 1, PLANNING AND ZONING COMMISSION; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Step 2: -The Council member makes the following motion: “I move that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived.” -Councilperson seconds: “I second the motion.” -City Clerk takes a roll call vote on motion. Step 3: -Ordinance is read by title again by a Council member: ORDINANCE 734 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE 2, BOARDS AND COMMISSIONS; CHAPTER 1, PLANNING AND ZONING COMMISSION; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Step 4: -The Council member makes the following motion: “I move the adoption of ordinance No. 734 and summary as an ordinance of the City of Ammon on its third and final reading.” -Councilperson seconds: “I second the motion.” -City Clerk takes a roll call vote on the final adoption. Ammon City Council June 5, 2025 Page 146 of 166 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting June 5, 2025 Mayor Coletti and City Council Members: Granite Creek Commercial Division 1 Preliminary Plat Staff Presenting: Cindy Donovan – Planning Director Recommendation: −Staff recommends approval based on the following staff report Compliance: -This application is in compliance with Title 10 Chapter 21 HC-1 Highway Commercial Zone, Title 10 Chapter 29 Section 8 Preliminary Plat Requirements, Title 10 Chapter 37 Chapter 1 (A) Permitted Uses by Zone, and the Comprehensive Plan Criteria for Decision: −10-21-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The HC-1 Highway Commercial Zone has been established as a district in which the primary use of the land is for retail stores and service establishments to serve the traveling public. This zone is usually located at specific locations along arterial roadways throughout the City, and is characterized by buildings set back from the right-of-way line and having a wide variety of architectural forms and shapes. −The objectives in establishing this zone are: A.To encourage the development and continued use of the land within the zone for business purposes. B.To promote safety on the roadways. C.To maintain maximum use of high right-of-way for travel purposes. D.To prohibit uses which tend to prevent the continued use and development of the land within the zone for its primary purpose. −10-29-8 Preliminary Plat Requirements: The preliminary plat so prepared by the subdivider and formally filed with the Planning Director shall contain the following information. A.The proposed name of the subdivision. B.The location of the subdivision as forming a part of some larger tract or parcel of land referred to in the records of the County Recorder. C.A vicinity map showing a radius of one-half (1/2) mile around the proposed development shall be provided. All existing roadways shall be shown, with names on the vicinity map. D.A contour map at appropriate contour intervals to show the general topography of the tract. E.The boundary lines of the tract to be subdivided shall be accurate in scale and bearing. These lines should be slightly heavier than street and lot lines. F.The location, widths, names and other dimensions of all existing or platted streets shall be shown on the preliminary plat. In addition, important features within one hundred (100) feet and contiguous to the tract to be subdivided and recorded as a legal document shall be shown on the preliminary plat. Examples of those features include but are not limited to railroad lines, water courses, easements and exceptional topography. Ammon City Council June 5, 2025 Page 147 of 166 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 G.The approximate location of all existing or proposed utilities, including, but not limited to, sanitary sewers, storm drains, water supply mains, fire hydrants, streetlights, bridges, ditches and culverts within the tract and immediately adjacent thereto; and if applicable the interconnection of such systems with the major street plan and City storm drainage system. H.The location, names, widths, and other dimensions of proposed streets, alleys, easements, parks, lots, and other open spaces. I.All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated. J.North point, scales, and dates. K.Zoning for the subdivision shall be indicated. If more than one zone exists within the subdivision, individual lots should include the zone. L.The following items shall be printed on the preliminary plat: 1.Density of subdivision in living units 2.Number of lots within the division 3.Average size of lots within the division 4.Total size of plat (in acres) 5.A signature line showing approval date shall be provided for the Planning Director and City Engineer. −10-37-1 (A) Permitted Uses by Zone – matrix shows allowed uses within the HC-1 zone Summary of Analysis: 1.City Council approved the Granite Creek Commercial Master Plan on May 15, 2025 2.Division 1 will have one lot containing two buildings with three units each 3.Property will be served by Ammon Water and Eastern Idaho Sewer District (EIRSD) 4.Property will be accessed via Thousand Springs Drive 5.No direct access to 25th East or 49th South will be permitted 6.Developer will be required to construct Thousand Springs Drive to the full street width, providing curb, gutter, and sidewalk 7.A Standard Development Agreement will be required for this development. Parcel Characteristics: -General Location: north of 65th South, east of 25th East, south of 49th South, west of Thousand Springs Road, west side of Granite Creek subdivision -Acres: 1.08 acres -Zoning: HC-1 -Average Lot Size: 1 acre -Lots: 1 Planning and Zoning Commission: −Commission reviewed the Preliminary Plat on May 7, 2025 −Commission recommends approval of the Preliminary Plat unanimously Applicant’s Request: -Approval of Granite Creek Commercial Preliminary Plat -Presented by Jeff Freiberg, Freiberg Engineering Ammon City Council June 5, 2025 Page 148 of 166 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Financial Impacts: -Development will contribute to improvements along 49th South -Development will pay law enforcement contributions based on use of the property in accordance with the current fee resolution. -No park contributions will be required as this is commercial property Motion: Approve I move to approve the Granite Creek Commercial Division 1 Preliminary Plat finding it is in compliance with the Comprehensive Plan and City Ordinance based upon/with conditions (if applicable). Deny I move to deny the Granite Creek Commercial Division 1 Preliminary Plat finding it is not in compliance with the Comprehensive Plan and City Ordinance based upon (state the reasons for recommending denial). Continue I move to continue the Granite Creek Commercial Division 1 Preliminary Plat until additional information can be obtained (list specific information required). Attachments: 1.Vicinity Map 2.Granite Creek Commercial Preliminary Plat Division 1 3.10-21 HC-1 Highway Commercial Zone 4.10-29-8 Preliminary Plat Requirements 5.10-37-1 (A) Permitted Uses by Zone Ammon City Council June 5, 2025 Page 149 of 166 Feet08001600Ammon City Council June 5, 2025Page 150 of 166 60 FOOT R/W STREET SECTIONFeet03060THOUSAND SPRINGS DRIVELINE LEGENDLEGENDAmmon City Council June 5, 2025Page 151 of 166 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting June 5, 2025 Mayor Coletti and City Council Members: Granite Creek Commercial Division 1 Standard Development Agreement Staff Presenting: Cindy Donovan – Planning Director Summary of Analysis: 1.Division 1 will have one lot containing two buildings with three units each 2.Property will be served by Ammon Water and Eastern Idaho Sewer District (EIRSD) 3.A Standard Development Agreement will be required for this development 4.Property will be accessed via Thousand Springs Drive 5.No direct access to 25th East or 49th South will be permitted 6.Developer will be required to construct Thousand Springs Drive to the full street width, providing curb, gutter, and sidewalk Parcel Characteristics: -General Location: north of 65th South, east of 25th East, south of 49th South, west of Thousand Springs Road, west side of Granite Creek subdivision -Acres: 1.08 acres -Zoning: HC-1 -Average Lot Size: 1 acre -Lots: 1 Development Contributions: -Water Rights – Development will use pressurized irrigation or pay fee in lieu -Road Construction – Improvements to East 49th South frontage and improvements to South 25th East and South 25th East/East 49th South intersection as required by the City of Idaho Falls -Parks – Commercial Development, no contribution required -Law Enforcement – required in 6.34 of the Standard Development Agreement based on the current fee resolution. This calculation is based on the square footage and use of the property. Development Agreement: -SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per lot/unit for the incurred costs of the well, storage tank, and property. -SC-2: Developer shall enter into an agreement with the City of Idaho Falls regarding improvements to South 25th East, the intersection of South 25th East and East 49th South. This may include but not be limited to the construction of the road on the furthest south side of the property zoned commercial to South 25th East. The signed agreement with Idaho Falls shall be provided to the City of Ammon prior to first building permit. -SC-3: Developer shall improve the East 49th South (Township Road) right of way including: curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon up to a maximum of sixty (60) feet, as stated in the annexation agreement that was recorded on October 31, 2014. Need timeframe for improvements Ammon City Council June 5, 2025 Page 152 of 166 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 - SC-4: Developer shall provide a cross-access easement connecting to the commercially zoned property to the south. - SC-5: Developer shall construct the west half of Thousand Springs Drive to the full width including but not limited to curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon. - SC-6: This commercial property shall have no direct access to South 25th East or East 49th South. Developer acknowledges that at some time in the future access may be limited to right in/right out as determined by the City Engineer. Applicant’s Request: - Approval of Granite Creek Commercial Preliminary Plat - Presented by Jeff Freiberg, Freiberg Engineering Motion: Approve I move to approve the Granite Creek Commercial Division 1 Standard Development Agreement subject to the following special conditions. (state conditions) Deny I move to deny the Granite Creek Commercial Division 1 Standard Development Agreement (state reasons for denial). Continue I move to continue the Granite Creek Commercial Division 1 Standard Development Agreement until further information can be obtained. (state information required) Attachments: 1. Granite Creek Commercial Division 1 Standard Development Agreement Ammon City Council June 5, 2025 Page 153 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 1 of 13 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/GRANITE CREEK COMMERCIAL DIVISION 1) THIS AGREEMENT, made and entered into this ____ day of ____, 2025, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho, Party of the First Part, hereinafter called the “City,” and Blueskies and Tailwinds LLC, a Limited Liability Corporation, Party of the Second Part, hereinafter called the “Developer.” RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in Bonneville County, Idaho, more particularly described on Exhibit “A” attached hereto and made a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, on May 7, 2025, the Granite Creek Commercial Master Plan was approved by the Planning and Zoning Commission; and WHEREAS, on May 7, 2025, the Granite Creek Commercial Division 1 Preliminary Plat was approved by the Planning and Zoning Commission; and WHEREAS, on May 15, 2025, the Granite Creek Commercial Master Plan was approved by the City Council; and WHEREAS, on June 5, 2025, the Granite Creek Commercial Division 1 Preliminary Plat was approved by the City Council; and WHEREAS, the City Engineer has recommended to the City Council of the City that such subdivision be accepted subject to certain requirements and obligations on the part of the Developer; Ammon City Council June 5, 2025 Page 154 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 2 of 13 WHEREAS, on , 2025, the Mayor and City of Council of the City of Ammon, Idaho, considered the Granite Creek Commercial Division 1 Standard Development Agreement for approval; and; WHEREAS, the City Council has agreed to accept platting of said lands subject to the following terms and conditions: NOW THEREFORE, in consideration of the above recitals and the mutual covenants and agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated into and made an integral part of this Agreement. 2. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of the date approved by the City Council. 3. TERM OF AGREEMENT. All rights related to this agreement, including all Developer’s rights herein, shall expire if no building permit has been issued within five (5) years of the Effective Date. 4. DEVELOPER. The term “Developer” and the language of this agreement, whether it is more than one developer, shall be construed as plural, and if there are any parties that are feminine or are firms or corporations, the masculine shall include the feminine and the neuter. All terms and conditions of this agreement shall run with the land. 5. INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS, PERMITS AND OTHER DOCUMENTS. 5.1. The following agreements, approvals, plans, permits and other documents are hereby incorporated into and made an integral part of this Agreement by reference as if restated herein in full. 5.1.1. Annexation Agreement approved by the Ammon City Council on: October 30, 2014. 5.1.2. Master Plan approved by the Ammon City Council on May 15, 2025. 5.1.3. Preliminary Plat approved by the Ammon City Council on June 5, 2025. 5.1.4. Improvement Drawings approved by the City Engineer on _____________2025. 5.2. Any material failure to comply with the terms and conditions of any of the above- referenced agreements, approvals, plans, permits and other documents shall constitute a breach of this Agreement. 5.3. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4. Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Ammon City Council June 5, 2025 Page 155 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 3 of 13 Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.4.1. Plan review fees and inspection fees; 5.4.2. Amendments to building, plumbing, fire and other construction codes; 5.4.3. City enactments that are adopted pursuant to State or federal mandates that preempt the City’s authority to vest regulations. 6.GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1. That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans for each proposed plat. Said improvement plans shall also show the proposed location of other utilities, i.e., telephone, gas, electricity, and irrigation facilities, and such others as may affect or be affected by the subdivision development on such property. Such plans and utility improvements shown thereon shall meet the approval of the City Engineer and shall be incorporated herein and made a part hereof by reference. The Developer shall construct and install all such improvements in accordance with the current Edition of the Idaho Standards for Public Works Construction adopted by the City of Ammon including compliance with all other City codes and ordinances including the City of Ammon standards as adopted. Acceptance of improvements to be determined by the City of Ammon only after completed inspections and certification provided by Developer from a licensed, professional engineer certifying that said subdivision construction has been completed in compliance with the published standards. The Developer shall make a formal request in writing to the City of Ammon City Engineer for final acceptance of all said improvements. 6.2. That Developer, shall, at their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street and regulatory signs, parks, recreation amenities, open spaces, and/or other needed street or utility improvements as shown on the improvement plans. The Developer shall have the option to create a “dark sky” community, conforming with the International Dark Sky Guidelines. If, the Developer chooses to create a “dark sky” community this must be disclosed throughout the design and development process. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given for each improvement, upon the City Engineer finding the improvement meet standards, can be maintained by the City of Ammon, and will provide public benefits to the Ammon community. 6.3. That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and conveyance of any parcel in which a retention Ammon City Council June 5, 2025 Page 156 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 4 of 13 area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. Additional improvements shall be required by the City on a case-by-case basis to ensure that the retention areas are a public benefit to the Ammon community. Additional improvements may include playground equipment, park amenities, walking paths, park structures, recreation amenities, or other improvements that enhance the public open space and provide benefit to the Ammon community. Satisfactory acceptance by the City of any above-grade improvements to retention areas shall be determined by the City Administrator. 6.4. That Developer shall require all contractors involved in constructing the subdivision improvements to furnish a minimum two (2) year warranty on all materials and workmanship involved. Additional warranty periods may be required in writing by the City on certain materials and products. Said period of warranty shall run from written acceptance given by City 6.5. That Developer shall comply with all City requirements in effect at the time construction is commenced on each said lot. That the Developer shall sell no lots at less than the size required in the zoning for such property. Lot lines may be changed by owners, but no additional building sites may be created without first amending the plat of record. All building and zoning codes must be complied with in the event of any change. 6.6. That Developer will obtain easements, design and construct the sanitary sewer lines as shown in the improvement drawings within the development. An 8” diameter sewer line is the general city standard. However, size of sewer line for the subject property will have to be individually established based upon the topography of the development and engineering standards, as approved by the City Engineer. Should City elect to have installed sewer line in excess of the size needed for this subject development, to accommodate development beyond the subject development, the City may agree to reimburse the Developer only for the material upsizing cost. Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized sewer line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. All sanitary sewer design and installation shall comply with the Idaho Standards for Public Works Construction (ISPWC) or other standards as adopted by the City at the time of construction. The property described herein will be serviced by the City of Ammon sewer system, unless specifically agreed to by both developer and the City of Ammon. 6.7. That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Development. An 8” diameter water line is the general city standard. However, size of water line for the subject property will have to be individually established based upon the topography of the development and engineering standards, as approved by the City Engineer. Should the City elect to have installed water line in excess of the size needed for this subject development to accommodate development beyond the subject development, the City may agree to reimburse the Developer only for the material upsizing cost. Ammon City Council June 5, 2025 Page 157 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 5 of 13 Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized water line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. That the Developer shall be responsible for extending City water lines to said development through adjacent property if water is required prior to adjacent developers extending water lines to Developer’s property. The property described herein will be serviced by the City of Ammon water system, unless specifically agreed to by both Developer and the City of Ammon. 6.8. Developer shall construct a temporary access for all construction related to the project and shall not use existing streets for accessing the development. If no temporary access can be constructed and Developer must use existing streets for access, Developer shall complete a pre-construction survey of the street conditions for all public streets and related infrastructure that provide access to the development prior to commencement of all construction. The street survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing the existing conditions prior to commencement of any construction. At the conclusion of the project, a post-construction survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing any damages caused by construction of the development. Developer shall mitigate and pay or otherwise reimburse City for all damages to the streets caused by construction of the development as directed by the City Engineer. 6.9. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.10. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.11. That Developer shall construct and install all such improvements in strict accordance with the filed and approved street (including adjacent arterial and collector roads), sewer, water, and drainage improvement plans and the City standard drawings and construction specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the Developer and the City if the standards and specifications are more restrictive and onerous at the time of construction than at the time of the execution of this document. 6.12. That Developer shall pay or reimburse City for its reasonable share of all street improvements adjacent to the development, including water mains and lines, sewer lines, street paving, bridges, and other improvements such as but not limited to curb, gutter, sidewalks, and street lights, and does covenant that the City shall not have any maintenance responsibilities for the same until expiration of the two (2) year warranty period as provided for in the paragraph above, provided such improvements are constructed by Developer. 6.13. That Developer shall provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion or portions of said street or utility improvements he intends to complete at that time. Developer agrees to Ammon City Council June 5, 2025 Page 158 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 6 of 13 make such modifications and/or construct any temporary facilities necessitated by such phase construction work as shall be required and approved by the City Engineer. 6.14. That Developer shall immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed utility or street construction. 6.15. That Developer hereby agrees that, upon a finding based upon the sole discretion of the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion or portions or the entirety of said utility or street improvements described in item 6.1. above, need to be completed, in the interest of the health, welfare, and/or safety of the inhabitants of the City, the Developer will within thirty days or such other reasonable time as defined by the City, construct said needed utility or street improvement. If Developer does not construct within said time after written notification of by the Council, the Developer will pay to the City the cost of such construction as the City shall order after conference with the Developer. Provided, however, the City Council shall not make the findings set forth in this paragraph except at a regular or special meeting of the Council and unless the Developer has been notified in writing of the time and place of such meeting of the City Council at least ten (10) days prior thereto and has been given an opportunity to be present in person or by counsel and to be heard on the merits of the proposed finding. At or before such hearing, the City Engineer shall furnish the Developer a cost estimate for completing said improvement. In the event the City elects to construct the utilities or street improvements as provided for in this Development Agreement and in the site plan, this Development Agreement shall, upon recording this Development Agreement, constitute a lien against all property in said Development other than those portions for which an occupancy permit has been issued. 6.16. That Developer further agrees that upon his having received written notification from the City Engineer that any of the requirements herein specified have not been complied with, the City shall have the right to withhold the issuance of any certificates of occupancy and the issuance of building permits within such annexed area until such time as all requirements specified herein have been complied with; provided, however, that the Developer shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy shall have been denied and shall have the right to be heard as to why such certificate or certificates should be issued. The Council shall then decide whether such certificate or certificates shall be issued and its decision shall be final, except that the rights of parties are preserved at law and equity. 6.17. That Developer agrees and covenants that prior to any construction or any improvements upon any of the area herein agreed, there shall be a preliminary plat approved by the Planning and Zoning Commission and approved by the City Council and the City Engineer, as to any areas where improvements are to be commenced. Ammon City Council June 5, 2025 Page 159 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 7 of 13 6.18. That Developer shall dedicate to the City that portion of the proposed property shown on the plats as public streets, easements, and public ways. 6.19. That Developer shall reimburse City for all past and future costs of publications relative to this development until the development is completed in full. Said costs shall include but are not limited to publication costs for notices of public hearings for development agreement and zoning changes, ordinance publication costs for development and public hearings, etc. 6.20. In accordance with Idaho Code 67-6537, surface water is required as the primary water source for irrigation. Developer shall construct said pressurized irrigation system consistent with pressurized irrigation system standards and based on approval by the City Engineer. Developer shall construct a pressurized irrigation system to service all lots, parcels, and common areas within the subdivision. Developer shall receive approval of the pressurized irrigation system design prior to installing any components of the system. Pressurized Irrigation system shall become property of the City of Ammon, provided the following criteria are met: 1) Construction of the system is complete; 2) Developer has shown the system is fully operational for one (1) full operational season; and 3) Developer has shown the system is capable of providing the primary water source for irrigation to all lots and parcels within the subdivision. Developer shall be responsible for all defects and deficiencies in the pressurized irrigation system for two (2) years from the date it is turned over to the City of Ammon. A guarantee of completion in accordance with City Code 10-29-17 shall be provided prior to issuance of building permits within the subdivision. Upon transfer of the system to the City of Ammon, the City shall be responsible for all operations and maintenance of the pressurized irrigation system. If surface water is not deemed reasonably available minimum compensatory groundwater rights, deemed acceptable by the City of Ammon, may be purchased and transferred to the City of Ammon in accordance with City Code 8-10. 6.21. That Developer agrees no well to provide culinary, irrigation or water for any other use without the written permission by the City Engineer, shall be drilled upon said property after the recording date of this development agreement. Further that any ground water rights including any existing well, lines or other infrastructure on the property shall be dedicated or transferred to the City of Ammon. 6.22. That prior to the approval of a final plat in said subdivision, Developer shall construct and install all Public improvements as required by the approved improvement drawings for said subdivision. Public improvements shall include but not be limited to: roads, phone, electric, public water, public sewer, fire protection, cable, fiber ducts, fiber vaults, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. 6.23. That Developer shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the issuance of any building permit for said subdivision or produce a guarantee of completion in compliance with City Code 10-29-17. This guarantee of completion shall be provided in lieu of completing all infrastructure Ammon City Council June 5, 2025 Page 160 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 8 of 13 improvements prior to issuance of building permits within a subdivision as required in the City of Ammon. 6.24. That when arterial roadway or infrastructure is required as part of a preliminary plat on property located within this agreement; the Developer shall install street lights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. 6.25. That Developer shall pay any front footage fees applicable to said property. 6.26. That Developer shall request that the City form a lighting district upon recording of a final plat related to this agreement. Said district shall include all public street/security lighting related to the property within the boundaries of this agreement. Developer agrees to pay for or reimburse City for all costs associated with the formation of said lighting district. 6.27. That Developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic study shall be complete and approved by the City Engineer. 6.28. That Developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29. That Developer shall petition the Eastern Idaho Regional Sewer District (EIRSD) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRSD fee as constituted by EIRSD prior to the time of the building permit application. Developer shall provide proof of payment to the City. Developer acknowledges that the City of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of EIRSD. Developer acknowledges that EIRSD provides wastewater treatment for this development and that the City of Ammon provides no representation to the Developer, by the signing of this agreement or otherwise, as to the availability of wastewater treatment. City shall not issue building permits until EIRSD provides written verification that the development can be served for wastewater treatment. All other requirements necessary for the issuance of building permits, as required by the city, must also be met. 6.30. Developer shall install fiber duct and handhold boxes as provided for by City standards for fiber installation at the time of construction. In addition, thereto, the City shall collect and the Developer/property owner shall pay, the amount set by the fee schedule as adopted by the City Council when the building permit is issued. Ammon City Council June 5, 2025 Page 161 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 9 of 13 6.31. Developer and/or property owner shall designate on the required building site plan the location where fiber duct end will terminate. All installation of fiber duct and related infrastructure shall be installed pursuant to the standards adopted by the City of Ammon. 6.32. City shall, upon notification that the fiber duct has been installed, schedule installation of fiber and any other related equipment and infrastructure. 6.33. Developer shall pay the amount, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, per residential unit to be dedicated to parks and open space improvements within the general vicinity of the proposed development. All of the Parks Contribution Fees for the entire development shall be paid prior to issuance of any building permit. 6.34. Developer shall pay the Law Enforcement Contribution Fee, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, for each commercial and/or residential unit. 7.SPECIAL CONDITIONS. That this Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1. SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per lot/unit for the incurred costs of the well, storage tank, and property. 7.2. SC-2: Developer shall enter into an agreement with the City of Idaho Falls regarding improvements to South 25th East, the intersection of South 25th East and East 49th South. This may include but not be limited to the construction of the road on the furthest south side of the property zoned commercial to South 25th East. The signed agreement with Idaho Falls shall be provided to the City of Ammon prior to first building permit. 7.3. SC-3: Developer shall improve the East 49th South (Township Road) right of way including: curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon up to a maximum of sixty (60) feet, as stated in the annexation agreement that was recorded on October 31, 2014. Need timeframe for improvements 7.4. SC-4: Developer shall provide a cross-access easement connecting to the commercially zoned property to the south. 7.5. SC-5: Developer shall construct the west half of Thousand Springs Drive to the full width including but not limited to curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon. 7.6. SC-6: This commercial property shall have no direct access to South 25th East or East 49th South. Developer acknowledges that at some time in the future access may be limited to right in/right out as determined by the City Engineer. 8.MISCELLANEOUS PROVISIONS. 8.1. Covenant Running with the Land/Successors and Assigns. Unless this Agreement is modified by mutual written agreement of the Parties or terminated by City, this Agreement and all conditions, terms, duties and obligations included in this Agreement shall be binding upon Owner, each subsequent owner of the Property and every person or entity acquiring any interest in the Property. This Ammon City Council June 5, 2025 Page 162 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 10 of 13 Agreement shall constitute a covenant running with the land burdening the Property in favor of City and shall be binding upon Owner, its successors in interest, personal representatives, heirs, vendees and assigns. 8.2. Waiver. Any waiver of any of the terms or conditions of this Agreement by City or Owner must be in writing to be effective and shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or Owner of applying to any subsequent breach of any such or other covenants and conditions. 8.3. Notices. Any and all notices, demands, requests, and other communications required to be given hereunder by either of the parties hereto shall be in writing and be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail, postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by U.S. Mail as provided herein, addressed as follows: City: City of Ammon c/o City Administrator 2135 South Ammon Road Ammon, Idaho 83406 (208) 612-4051 Phone (208) 612-4009 Fax Owner: Blueskies and Tailwinds LLC 13975 South 1st East Idaho Falls, ID 83404 (404) 917-3405 Or at such other address, or facsimile number, or to such other party which any party entitled to receive notice hereunder designates to the other in writing as provided above. 8.4. Attorney Fees. In the event either party to this Agreement is required to retain the services of an attorney to enforce its rights hereunder, the defaulting party shall pay to the non-defaulting party reasonable attorney fees and costs incurred as a result of such default whether or not litigation is commenced and including reasonable attorney fees and costs on appeal. 8.5. Time is of the Essence. The parties hereto acknowledge and agree that time is hereby made expressly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the party so failing to perform. 8.6. Requirement for Recordation. The City shall record this document, including all of the Exhibits, and submit proof of such recording to the Developer. This agreement must be signed within thirty (30) days of City approval. Failure to sign within thirty (30) days will result in this entire agreement being null and void. 8.7. No Precedent. Approval of the Standard Development Agreement shall not be considered a binding precedent for the issuance of other development agreements. The Standard Development Agreement is not transferable from one parcel of land to another. Ammon City Council June 5, 2025 Page 163 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 11 of 13 8.8. Police Powers. Nothing contained herein is intended to limit the police powers of the City. This Agreement shall not be construed to modify or waive any law, ordinance, rule, or regulation, including without limitation, applicable building codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive plan provisions, unless expressly provided herein. 8.9. Invalid Provisions. If any provision of this Agreement is held not valid, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 8.10. Choice of Law. This Agreement shall be governed by the laws and decisions of the state of Idaho. 8.11. Certification of Compliance. Developer hereby certifies pursuant to Section 67- 2346, Idaho Code, that the Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent companies and affiliates, are not currently engaged in, and will not for the duration of this Agreement, knowingly engage in, a boycott of goods or services from Israel or territories under its control. Developer hereby certifies pursuant to Section 67-2359, Idaho Code, that the Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent companies and affiliates, are not currently wholly or partly owned or operated by the Government of China or any company that is owned or operated by the Government of China. IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this agreement to be duly executed the day and the year first above written. CITY OF AMMON, IDAHO DEVELOPER By:___________________________ By: ____________________________ Sean Coletti, Mayor Lauren Mosteller, Managing Member LLC ATTEST: _______________________________ Micha Austin, Interim City Clerk Ammon City Council June 5, 2025 Page 164 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 12 of 13 STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2025 before me the undersigned, a Notary Public in and for said State, personally appeared Sean Coletti, known or identified to me to me be the Mayor of Ammon, the municipal corporation that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: __________ STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2025 before me the undersigned, a Notary Public in and for said State, personally appeared Lauren Mosteller, known or identified to me to be the individual that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: Ammon City Council June 5, 2025 Page 165 of 166 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 13 of 13 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION Commencing at the Northwest corner in Section 3, Township 1 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho; running North 89°41'54" East along the Section line 677.68 feet; thence South 00°24'38" East 50.00 feet to the TRUE POINT OF BEGINNING, said TRUE POINT OF BEGINNING being on the Southerly Right-of-Way line of 49th South; running thence S00°12'38"E, 360.36 feet; thence S89°41'54"W, 128.50 feet; thence N00°12'38"W, 360.29 feet; thence N89°41'54"E, 127.84 to the TRUE POINT OF BEGINNING. Parcel contains 1.06 Acres EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 Ammon City Council June 5, 2025 Page 166 of 166