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06.12.2025 City Council Packet AMMON CITY COUNCIL MEETING June 12, 2025 - 4:30 pm Ammon City Hall 2135 S Ammon Road, Ammon, ID 83406 PUBLIC COMMENT AGENDA CALL TO ORDER: - Council President Russell Slack at 4:30 p.m. - Pledge of Allegiance – Council Member Wessel - Prayer – Council Member Slack CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: June 5, 2025 – Regular Meeting - Page 2 PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) PUBLIC HEARINGS: ACTION ITEMS: 1. Consideration of Resolution 2025-007 Surplus of Assets Owned by the City of Ammon (Micah Austin, City Administrator) - Page 15 2. Consideration of Commercial Standard Development Agreement for Granite Creek Subdivision (Cindy Donovan, City Planner) - Page 18 DISCUSSION ITEMS: 1. Unified Vision Team Building Activity 2. Fiscal Year 2026 Preliminary Budget Review and Discussion 3. Miscellaneous EXECUTIVE SESSION: 1. Pursuant to Idaho Code 74-206(c): To acquire an interest in real property not owned by a public agency 2. Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation ADJOURN The following guidelines for public comment have been adopted: 1. Before an individual may be heard, the Mayor, Council President, or Commission Chair must recognize them. 2. Individuals recognized for comment shall provide their name and address for the record. Individuals must utilize the podium at the front of the room and not speak from their seat. 3. Individuals must direct comments to the Commission or Council, not other individuals within the room. Individuals must limit comments to three (3) minutes or less. 4. Individuals must avoid repetitious comments or ideas that have already been presented. 5. All comments shall be made courteously, respectfully, and civilly. Inflammatory, disrespectful, degrading statements, heckling, applause, or obscene or indecent language will not be tolerated. Individuals that violate these guidelines may be asked to leave the meeting. UPCOMING - July 3, 2025 City Council Meeting - July 10, 2025 Work Session - July 17, 2025 City Council Meeting ACCESS TO MEETINGS MEETINGS WILL BE AVAILABLE VIA ZOOM: - http://zoom.cityofammon.us/ - Meeting ID: 208 612 4000 - Passcode: 26666 INDIVIDUALS NEEDING ACCOMMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE Next Resolution Number: 2025-008; Next Ordinance Number: 736 Ammon City Council Regular Meeting 06.05.2025 Page 1 of 13 AMMON CITY COUNCIL MINUTES THURSDAY, JUNE 5, 2025 – 6:00 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: Mayor Sean Coletti at 6:00 p.m. Pledge of Allegiance – Council Member Oswald Prayer – Council Member Wessel EXECUTIVE SESSION: 1.Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of… an employee 2.Pursuant to Idaho Code 74-206(f): (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. CONSENT AGENDA: 1.Accounts Payable Report: i.Exhibit A 2.Minutes: i.May 15, 2025 – Regular Meeting PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) PUBLIC HEARINGS: 1.Public Hearing #2025-012 Amending Title 2 Chapter 1, Section 2 and 3 regarding the organization of the Planning and Zoning Commission ACTION ITEMS: 1.Appointment of Interim City Clerk (Micah Austin, City Administrator) 2.Approval of Bids for Fiber Optic Drilling Services According to Idaho Code 67-2803 and 67- 5711(c) (Bryan Bankhead, Network Administrator) 3.Consideration of Contract for Service with Ronald McDonald House (Micah Austin, City Administrator) 4.Consideration of Resolution 2025-006, Adopting the City of Ammon Personnel Policy Manual (April Forrest, HR Director) 5.Consideration of Ordinance 733 Amending Title 10, Chapters 5 and 37 (Cindy Donovan, City Planner) 6.Ordinance 734 Amending Title 2 Chapter 1, Section 2 and 3 regarding the organization of the Planning and Zoning Commission (Cindy Donovan, City Planner) 7.Consideration of Commercial Preliminary Plat for Granite Creek Subdivision (Cindy Donovan, City Planner) 8.Consideration of Commercial Standard Development Agreement for Granite Creek Subdivision (Cindy Donovan, City Planner) DISCUSSION ITEMS: Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 2 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 2 of 13 1. Update on 1st and 17th Street Construction Projects 2. Issuance of Reckless Driving citation for driving the wrong way on a one-way street 3. Miscellaneous EXECUTIVE SESSION: 1. Pursuant to Idaho Code 74-206(a): To consider hiring a public officer 2. Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of… an employee ADJOURN MINUTES City Officials Present: Mayor Sean Coletti Councilmember Scott Wessel Councilmember Kris Oswald Councilmember Sid Hamberlin Councilmember Heidi Boyle Councilmember Jeff Fullmer Council President Russell Slack City Attorney Scott Hall City Administrator Micah Austin City Engineer Tracy Bono (via Zoom) City Planner Cindy Donovan Assistant Planner Heather McBride Network Administrator Bryan Bankhead HR Director April Forrest CALL TO ORDER: Mayor Sean Coletti called the meeting to order at 6:00 p.m. Council Member Oswald led the pledge of allegiance and Council Member Wessel gave a prayer. EXECUTIVE SESSION: 1. Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of… an employee 2. Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. It was moved by Council Member Slack and seconded by Council Member Wessel to enter into Executive Session pursuant to Idaho Code 74-206 (b) & (f). Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call Council entered into Executive Session at 6:03 pm and exited 6:18 pm. It was moved by Council Member Slack and seconded by Council Member Oswald to enter into the regular meeting. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call CONSENT AGENDA: 1. Accounts Payable Report: Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 3 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 3 of 13 i.Exhibit A 2.Minutes: i.May 15, 2025 – Regular Meeting It was moved by Council Member Slack and seconded by Council Member Fullmer to approve the Consent Agenda. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) Lavona Borg, 1855 Falcon Drive, sent City Council Members an email regarding the Eagle Drive bridge. Shared information regarding length of detours if the Eagle Drive bridge were to be closed. Daniel Eaton, 1710 Avocet Drive, disagrees with closing Falcon Drive and Curlew Drive. Steven Barson, 2705 Sawtooth Street, asked that due process is followed in regard to traffic decisions. PUBLIC HEARINGS: 1.Public Hearing #2025-012 Amending Title 2 Chapter 1, Section 2 and 3 regarding the organization of the Planning and Zoning Commission Before opening the hearing, Mayor Colletti explained the manner in which the hearing would take place. Mayor Colletti opened the public hearing. City Planner Cindy Donovan reviewed the proposed changes with the Council. Recommendation -Staff recommends approval of the amendments to Title 2 Chapter 1 Compliance -This request is in compliance with City Ordinance and Idaho Code. Criteria for Decision -Chapter 1 Official City Code, Section 3 Amendments •1-1-3 AMENDMENTS: Any ordinance amending this Code shall set forth the Chapter, Title, and Section number of the section or sections to be amended. All such ordinances shall comply with the provisions of this Code and Chapter 9, Title 50 Idaho Code, regarding passage, execution, and publication of ordinances. All such amendments of ordinances shall be published as required and appropriate copies prepared for insertion in this Code. -Idaho Code Title 50 Municipal Corporations Chapter 9 Ordinances, City Code, Records -Idaho Code 67-6504. Planning and Zoning Commission – Creation – Membership – Organization – Rules – Records – Expenditures - Staff Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 4 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 4 of 13 Summary of Analysis 1.Chapter 2 – Planning and Zoning Commission a.2-1-2: QUALIFICATIONS: amend to include the requirement that a Commissioner must live in the City Area of Impact b.2-1-3: TERM OF OFFICE: amend to delete the phrase “and shall serve without compensation.” c.The balance of Chapter 2 will remain unchanged. Notice of Hearing -Notice was published in the Post Register on Friday, May 16, 2025 -Notice was mailed to 20 public entities on Friday, May 16, 2025 -Property posting was not required -Public Comment: No written comment was received. No public testimony was given. With no other questions, Mayor Colletti closed the public hearing. ACTION ITEMS: 1.Appointment of Interim City Clerk (Micah Austin, City Administrator) City Administrator Micah Austin explained that the City Clerk position is currently vacant and an interim clerk is needed until a new City Clerk is appointed. Recommendation -Appoint Micah Austin as Interim City Clerk. Summary of Analysis 1.Kristina Buchan, former Ammon City Clerk, has taken a position in Caldwell, Idaho as their Deputy City Clerk. The position of Ammon City Clerk is now vacant. 2.Idaho Code requires that a city must have a City Clerk and outlines the specific duties of that position. According to Idaho code 50-204, "The mayor, except as otherwise provided...with the consent of the council shall appoint a city clerk, a city treasurer, a city attorney and such other officers as may be deemed necessary for the efficient operation of the city." 3.While the statute does not discuss an "interim" appointment, it is a common and necessary practice to appoint an interim officer to ensure the continuity of essential city services and statutory obligations during a vacancy until a permanent appointment is made. 4.According to Idaho Code § 50-207, the duties of the City Clerk are as follows, “"The city clerk shall keep a correct journal of the proceedings of the council and shall have the custody of all laws and ordinances of the city. He may administer oaths to any person concerning any matter submitted to him or the city council." Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 5 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 5 of 13 5. Staff recommends appointing Micah Austin, City Administrator, as the Interim City Clerk with an effective date of June 5, 2025. Mr. Austin has taken on many of the responsibilities of the City Clerk and is in the best position to ensure the duties of the clerk are completed. 6. Several other employees of the City of Ammon have also taken on duties of the City Clerk while the position is vacant. Some of these employees include Cindy Donovan, Heather McBride, Crystal Mullins, Jennifer Belfield, and others. Financial Impact - While the position of City Clerk is vacant, the City of Ammon will save on the personnel costs for that position. It was moved by Council Member Slack and seconded by Council Member Hamberlin to appoint Micah Austin as the Interim City Clerk with the effective date of June 5, 2025 according to Idaho Code 50-204. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes with vote by roll call 2. Approval of Bids for Fiber Optic Drilling Services According to Idaho Code 67-2803 and 67-5711(c) (Bryan Bankhead, Network Administrator) Network Administrator Bryan Bankhead explained the bid process and reviewed the received bids. Recommendation - Approval of low bid for fiber optic drilling services for LID 6. Summary of Analysis 1. Idaho Code 67-2803 and 67-5711(c) dictates bid laws for public infrastructure and public services. 2. On May 16, 2025, the RFP was advertised. On May 30, 2025, the bidding window closed. 3. We received the following bids: a. KM - Ammon Townsite b. Snake River Drilling - Ammon Townsite c. Snake River Drilling – Trailwood d. Utah - Ammon Townsite e. Utah - Trailwood Village 4. Based on the bids submitted, SRD is the low bid. Staff recommends approval of SRD for the project Financial Impact Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 6 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 6 of 13 - Cost of bids KM w/ Restoration - Ammon Townsite No Bid - Trailwood Village No Bid w/out Restoration - Ammon Townsite $262,016 - Trailwood Village No Bid Snake River Drilling w/ Restoration - Ammon Townsite $236,112 - Trailwood Village $153,325 w/out Restoration - Ammon Townsite $213,112 - Trailwood Village $136,325 Niels Fugal Sons Co w/ Restoration - Ammon Townsite $582,036 - Trailwood Village $664,456 w/out Restoration - Ammon Townsite $564,575 - Trailwood Village $664,522 It was moved by Council Member Slack and seconded by Council Member Wessel to approve the low bid from Snake River Drilling LLC for fiber optic drilling services and authorize the mayor to sign a contract for services in the amount of $213,112 for Ammon Townsite and $136,325 for Trailwood Village. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes with vote by roll call 3. Consideration of Contract for Service with Ronald McDonald House (Micah Austin, City Administrator) City Administrator Micah Austin reviewed the contract for services with the Ronald McDonald House organization and introduced Deborah Chessey with the Ronald McDonald House. Deborah Chessey, 2899 Chaparral Drive, Idaho Falls, explained that the City of Ammon has supported the organization since it started in 2019 and shared numbers regarding Ammon residents that use their services. The annual fundraising event is switching from movie nights to a run and carnival event. Recommendation - Approval of the request. Summary of Analysis 1. Ronald McDonald House Charities is requesting a contract for service for $4500 with the City of Ammon. This contract would provide for a movie venue. The venue anticipated would be Melaleuca Field. 2. According to the $4500 contract submitted, the Ronald McDonald House will provide the following: a. Scope of Services. RMHC of Idaho shall provide the following services: Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 7 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 7 of 13 i. Provide the residents of Ammon with some family fun at the Waterfront on Snake River Landing during the "Family Fun Run and Carnival". ii. Ammon residents will be able to enjoy a 5K, kids Fun Run and Carnival activities June 21, 2025. iii. Ammon residents will be able to enjoy the race for free, then buy low-cost tickets to the Carnival, which will include class carnival games like "ring the bottle" and balloon iv. Ammon residents can enjoy the event from 10:00am to 3:00pm on June 21, 2025 v. $4,500 - Venue Sponsor recognition includes 1. Logo on event map 2. Logo included on all volunteer lanyards 3. Opportunity for giveaway items included in gift bags 4. Sponsor banner and opportunity for on-site presence at each movie 5. 200 comped tickets for the carnival Financial Impact - Contracts for Service are paid from GL#10-408-600. This line item has adequate funding. It was moved by Council Member Slack and seconded by Council Member Fullmer to approve the contract for service with Ronald McDonald House Charities of Idaho, in the amount of $4,500. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes with vote by roll call 4. Consideration of Resolution 2025-006, Adopting the City of Ammon Personnel Policy Manual (April Forrest, HR Director) City Administrator Micah Austin explained that significant amendments are recommended to the Employee Personal Manual. Austin highlighted the recommended policies for conflict of interest and romantic relationships in the workplace. Human Resources Director April Forrest explained the recommendation for policies regarding AI, telecommuting, and minimal miscellaneous changes. Recommendation - Approve the proposed changes to the Personnel Policy Manual by adopting Resolution 2025-006R Summary of Analysis 1. The current Personnel Policy Manual was adopted on April 18, 2024 by Resolution 2024- 011R. 2. The proposed updates to the Personnel Policy Manual will be presented at the June 5, 2025 meeting by the Human Resources Director and City Administrator. 3. Highlighted Updates from the proposed Personnel Policy Manual: a. Addition of a Conflicts of Interest Policy Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 8 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 8 of 13 b.Addition of a Romantic Relationships in the Workplace Policy c.Addition of an Artificial Intelligence (AI) Employee Use Policy d.Addition of a Telecommuting Policy e.Miscellaneous smaller corrections/additions as it has been over a year since the manual has been updated. It was moved by Council Member Slack and seconded by Council Member Wessel to approve Resolution 2025-006R adopting the changes to the City of Ammon Personnel Policy Manual. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes with vote by roll call 5.Consideration of Ordinance 733 Amending Title 10, Chapters 5 and 37 (Cindy Donovan, City Planner) City Planner Cindy Donovan reviewed the Title 10 amendments that were previously presented to the Council on May 15, 2025. Recommendation -Staff recommends approval of the amendments to Title 10 Chapters 5 and 37 Compliance -This request is in compliance with the Comprehensive Plan and City Ordinance. Criteria for Decision -10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. Summary of Analysis 2.City Council approved the amendments to Chapters 5 and 37 on May 15, 2025. 3.Chapter 5 - Supplementary Regulations to Zones a.10-5-23 (O) Lighting of Parking Areas – added reference to 10-5-28 Outdoor and Exterior Lighting b.10-5-24 (B) Right of Way Park Strip – added text regarding plantings in this area 4.Chapter 37 – District Use Matrix a.10-37-2 (A) Dimensional Standards by Zone – amended minimum lot area in the following zones: i.RP – from 12,000 to 15,000 square feet ii.RP-A – from 10,000 to 13,000 square feet iii.R-1 – from 5,000 to 8,000 with a minimum lot width of 75 feet iv.R1-A – from 5,000 to 6,000 per unit with a minimum lot width of 52 feet per unit b.10-37-2 (A) Dimensional Standards by Zone – removed conditions of P6 and P7 based on amendments to State Statute which will take effect on July 1, 2025. Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 9 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 9 of 13 c. 10-37-2 (B) Side Setback Minimum – deleted text regarding no side yard requirement for accessory buildings located more than twelve (12) feet behind the main building. d. 10-37-2 (C) Right of Way Park Strip – added text regarding plantings in this area Planning and Zoning Commission - Public Hearing #2025-011 was held before the Commission on May 7, 2025 - Testimony: 1 person testified in favor of the amendments - Commission recommended approval unanimously with the exception of amendments to the R-1 zone lot size and width - Reasoned Statement: • Exception of the changes to the R-1 zone in Title 10 Chapter 37 • The chart lists the minimum and developers can build larger • Not adopting the proposed changes to R-1 allows more options and variety in R-1 zoning • Existing neighborhoods like Olsen Park, Hillview Village, and Hillsdale, zoned R-1, would not meet the proposed changes to the R-1 zone • Density is not impacted by changing minimum lot size and lot width It was moved by Council Member Slack and seconded by Council Member Oswald to dispense with the rule requiring three readings and that the three readings be waived. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call It was moved by Council Member Slack and seconded by Council Member Boyle to adopt Ordinance 733 and summary on its third and final reading. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call 6. Ordinance 734 Amending Title 2 Chapter 1, Section 2 and 3 regarding the organization of the Planning and Zoning Commission (Cindy Donovan, City Planner) Mayor Colletti explained that Ordinance 734 that relates to Public Hearing #2025-012. It was moved by Council Member Fullmer and seconded by Council Member Oswald to dispense with the rule requiring three readings and that the three readings be waived. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call It was moved by Council Member Fullmer and seconded by Council Member Oswald to adopt Ordinance 734 and summary on its third and final reading. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 10 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 10 of 13 7. Consideration of Commercial Preliminary Plat for Granite Creek Subdivision (Cindy Donovan, City Planner) City Planner Cindy Donovan located the property and explained the request by applicant. Recommendation − Staff recommends approval based on the following staff report Compliance - This application is in compliance with Title 10 Chapter 21 HC-1 Highway Commercial Zone, Title 10 Chapter 29 Section 8 Preliminary Plat Requirements, Title 10 Chapter 37 Chapter 1 (A) Permitted Uses by Zone, and the Comprehensive Plan Criteria for Decision − 10-21-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The HC-1 Highway Commercial Zone has been established as a district in which the primary use of the land is for retail stores and service establishments to serve the traveling public. This zone is usually located at specific locations along arterial roadways throughout the City, and is characterized by buildings set back from the right-of-way line and having a wide variety of architectural forms and shapes. − The objectives in establishing this zone are: A. To encourage the development and continued use of the land within the zone for business purposes. B. To promote safety on the roadways. C. To maintain maximum use of high right-of-way for travel purposes. D. To prohibit uses which tend to prevent the continued use and development of the land within the zone for its primary purpose. − 10-29-8 Preliminary Plat Requirements − 10-37-1 (A) Permitted Uses by Zone – matrix shows allowed uses within the HC-1 zone Summary of Analysis 1. City Council approved the Granite Creek Commercial Master Plan on May 15, 2025 2. Division 1 will have one lot containing two buildings with three units each 3. Property will be served by Ammon Water and Eastern Idaho Sewer District (EIRSD) 4. Property will be accessed via Thousand Springs Drive 5. No direct access to 25th East or 49th South will be permitted 6. Developer will be required to construct Thousand Springs Drive to the full street width, providing curb, gutter, and sidewalk 7. A Standard Development Agreement will be required for this development. Parcel Characteristics - General Location: north of 65th South, east of 25th East, south of 49th South, west of Thousand Springs Road, west side of Granite Creek subdivision - Acres: 1.08 acres - Zoning: HC-1 Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 11 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 11 of 13 -Average Lot Size: 1 acre -Lots: 1 Planning and Zoning Commission −Commission reviewed the Preliminary Plat on May 7, 2025 −Commission recommends approval of the Preliminary Plat unanimously Applicant’s Request -Approval of Granite Creek Commercial Preliminary Plat -Presented by Jeff Freiberg, Freiberg Engineering Financial Impacts -Development will contribute to improvements along 49th South -Development will pay law enforcement contributions based on use of the property in accordance with the current fee resolution. -No park contributions will be required as this is commercial property Nate Motseller, 1043 Dry Creek Road, representative of the developer. Responded to questions regarding the build out of Thousand Springs Drive. It was moved by Council Member Slack and seconded by Council Member Fullmer to approve the Granite Creek Commercial Division 1 Preliminary Plat. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call 8.Consideration of Commercial Standard Development Agreement for Granite Creek Subdivision (Cindy Donovan, City Planner) City Planner Cindy Donovan explained the draft Standard Development Agreement and special conditions that are included within the agreement. Donovan asked for direction from the Council in regard to contribution to water system improvements and timeframe for East 49th South improvements. Summary of Analysis 1.Division 1 will have one lot containing two buildings with three units each 2.Property will be served by Ammon Water and Eastern Idaho Sewer District (EIRSD) 3.A Standard Development Agreement will be required for this development 4.Property will be accessed via Thousand Springs Drive 5.No direct access to 25th East or 49th South will be permitted 6.Developer will be required to construct Thousand Springs Drive to the full street width, providing curb, gutter, and sidewalk Development Contributions -Water Rights – Development will use pressurized irrigation or pay fee in lieu Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 12 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 12 of 13 -Road Construction – Improvements to East 49th South frontage and improvements to South 25th East and South 25th East/East 49th South intersection as required by the City of Idaho Falls -Parks – Commercial Development, no contribution required -Law Enforcement – required in 6.34 of the Standard Development Agreement based on the current fee resolution. This calculation is based on the square footage and use of the property. Development Agreement -SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per lot/unit for the incurred costs of the well, storage tank, and property. -SC-2: Developer shall enter into an agreement with the City of Idaho Falls regarding improvements to South 25th East, the intersection of South 25th East and East 49th South. This may include but not be limited to the construction of the road on the furthest south side of the property zoned commercial to South 25th East. The signed agreement with Idaho Falls shall be provided to the City of Ammon prior to first building permit. -SC-3: Developer shall improve the East 49th South (Township Road) right of way including: curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon up to a maximum of sixty (60) feet, as stated in the annexation agreement that was recorded on October 31, 2014. Need timeframe for improvements -SC-4: Developer shall provide a cross-access easement connecting to the commercially zoned property to the south. -SC-5: Developer shall construct the west half of Thousand Springs Drive to the full width including but not limited to curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon. -SC-6: This commercial property shall have no direct access to South 25th East or East 49th South. Developer acknowledges that at some time in the future access may be limited to right in/right out as determined by the City Engineer. It was moved by Council Member Slack and seconded by Council Member Oswald to table the Granite Creek Commercial Division 1 Development Agreement until the next meeting so staff can add language regarding conditions for water improvement per unit and 49th improvements. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call DISCUSSION ITEMS: 1.Update on 1st and 17th Street Construction Projects City Engineer Tracy Bono updated the Council on the status of the 17th bridge and 1st Street bridge project. There will be a meeting on June 17 to determine environmental work for 1st Street project approval. 2.Issuance of Reckless Driving citation for driving the wrong way on a one-way street Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 13 of 32 Ammon City Council Regular Meeting 06.05.2025 Page 13 of 13 Council discussed options to change City ordinance to increase the citation to reckless driving for going the wrong way on a one-way street. Sergeant John Miller discussed traffic citations in Ammon for going the wrong way on a one-way at the Eagle Drive bridge. He stated this would typically be considered as failure to obey a traffic control device. Traffic Commission will meet regarding the Eagle Drive bridge next week. 3.Miscellaneous Mayor Colletti informed the Council about a meeting he had with the Pool Committee. Council discussed options and timelines regarding a pool levy. City Administrator Micah Austin reported that he has started to receive complaints regarding fireworks. He asked if the City Council wanted to make any changes in regards to regulations on fireworks. The Council directed staff to look into options for increased regulation. Council Member Wessel discussed issues with overnight parking and off-leash animals at the Sandcreek Park. Asked for signage and enforcement at the park. EXECUTIVE SESSION: 1.Pursuant to Idaho Code 74-206(a): To consider hiring a public officer 2.Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of… an employee It was moved by Council Member Fullmer and seconded by Council Member Wessel to enter into Executive Session pursuant to Idaho Code 74-206 (a) & (b). Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call Council entered into Executive Session at 7:56 pm and exited 7:56 pm. It was moved by Council Member Fullmer and seconded by Council Member Wessel to enter into Executive Session pursuant to Idaho Code 74-206 (a) & (b). Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call Council entered into Executive Session at 7:57 pm and exited 8:30 pm. ADJOURN at 8:30 pm. ______________________________ Sean Colletti, Mayor ______________________________ Micah Austin, Interim City Clerk Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 14 of 32 Ammon City Council Meeting June 12, 2025 Mayor Coletti and City Councilmembers: Resolution 2025-007 Designate City Property as Surplus Staff Presenting: -Micah Austin, City Administrator Recommendation -Staff recommends designating the equipment and city property items listed in Table 1 as surplus. Summary of Analysis 1.The items listed in the table below no longer have significant value for the City of Ammon. 2.The department heads and City Administrator have reviewed these items and recommend surplusing them to the public. 3.Section 1-13-13 of the Ammon Codified Ordinances allows the City Council to surplus property and provides a public process for selling the property. 4.The website PublicSurplus.com will be used to surplus the items through a publicly accessible auction. This website is open to the public, however only public entities can auction items on the website. TABLE 1: City Property/Assets for Surplus City Property/Assets VIN Surplus Value ForkLift H2X394T00438 $5,000 2000 Ford F450 1FDXF46F2YEC40418 $10,000 Chevy 2500 1GCHC24U86E227712 $2,500 Flatbed Trailer- License plate # A00567 Not on the trailer $15,000 2020 DitchWitch Vac Trailer mv800 DWPMV800HM0000796 $35,000 DitchWitch Drill Trailer w/ mixing system 16JF01628D1047131 $15,000 2013 DitchWitch JT922 – $70,000 2015 Vermeer 23x30 Drill 1VRN20072G1000387 $110,000 Total of Surplus Property $262,500.00 Financial Impact -All revenues collected from the surplused property will stay within the appropriate fund that purchased the asset. Motion “I move to approve Resolution 2025-007 and designate the property listed in Table 1 as surplus as presented.” Attachments: 1.Resolution 2024-019 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 15 of 32 CITY OF AMMON BONNEVILLE COUNTY, IDAHO RESOLUTION 2025-007 (Surplus Property) A RESOLUTION RELATING TO SURPLUS PERSONAL PROPERTY; DECLARING CERTAIN PERSONAL PROPERTY SURPLUS; AUTHORIZING AND DIRECTING THE DISPOSAL OF SURPLUS PROPERTY; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Ordinances of the City of Ammon provides for declaration of surplus personal property by resolution; and WHEREAS, the City Council has determined that the surplus property listed in Section 4 is no longer needed by the City; and WHEREAS, the City Council has deemed it unnecessary to maintain ownership of said surplus personal property; and WHEREAS, Section 1-13-13 of the City Code provides for various methods of disposal or transfer of surplus property; and NOW THEREFORE, be it hereby resolved by the Mayor and City Council of the City of Ammon, Bonneville County, Idaho as follows: Section 1.That the City Council does hereby find that the surplus property listed in section 4 of this resolution is no longer needed for the day to day operations of the City. Section 2.That a copy of this Resolution shall be posted in the Clerk’s Office and subject to examination by any interested party. Section 3. Pursuant to the provisions of Section 1-13-13 of the Codified Ordinances of the City of Ammon, State of Idaho, the surplus property listed in Section 4 of this resolution shall be disposed of or transferred as provided for in section 1-13-13 of the Ammon City Code and the disposal or transfer is in the public interest. Section 4.The following items are hereby declared surplus property and shall be disposed of as directed by Section 3 of this resolution: Resolution 2025-007 Surplus Property Page 1 of 2 Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 16 of 32 City Property/Assets VIN Surplus Value ForkLift H2X394T00438 $5,000 2000 Ford F450 1FDXF46F2YEC40418 $10,000 Chevy 2500 1GCHC24U86E227712 $2,500 Flatbed Trailer- License plate # A00567 Not on the trailer $15,000 2020 DitchWitch Vac Trailer mv800 DWPMV800HM0000796 $35,000 DitchWitch Drill Trailer w/ mixing system 16JF01628D1047131 $15,000 2013 DitchWitch JT922 – $70,000 2015 Vermeer 23x30 Drill 1VRN20072G1000387 $110,000 Total of Surplus Property $262,500.00 ____________________________________ Sean Coletti, Mayor ___________________________________ Micah Austin, Interim City Clerk Resolution 2025-007 Surplus Property Page 2 of 2 Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 17 of 32 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting June 12, 2025 Mayor Coletti and City Council Members: Granite Creek Commercial Division 1 Standard Development Agreement Staff Presenting: Cindy Donovan – Planning Director Summary of Analysis: 1.Division 1 will have one lot containing two buildings with three units each 2.Property will be served by Ammon Water and Eastern Idaho Sewer District (EIRSD) 3.A Standard Development Agreement will be required for this development 4.Property will be accessed via Thousand Springs Drive 5.No direct access to 25th East or 49th South will be permitted 6.Developer will be required to construct Thousand Springs Drive to the full street width, providing curb, gutter, and sidewalk Parcel Characteristics: -General Location: north of 65th South, east of 25th East, south of 49th South, west of Thousand Springs Road, west side of Granite Creek subdivision -Acres: 1.08 acres -Zoning: HC-1 -Average Lot Size: 1 acre -Lots: 1 Development Contributions: -Water Rights – Development will use pressurized irrigation or pay fee in lieu -Road Construction – Improvements to East 49th South frontage and improvements to South 25th East and South 25th East/East 49th South intersection as required by the City of Idaho Falls -Parks – Commercial Development, no contribution required -Law Enforcement – required in 6.34 of the Standard Development Agreement based on the current fee resolution. This calculation is based on the square footage and use of the property. Development Agreement: -SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per unit for the incurred costs of the well, storage tank, and property. -SC-2: Developer shall enter into an agreement with the City of Idaho Falls regarding improvements to South 25th East, the intersection of South 25th East and East 49th South. This may include but not be limited to the construction of the road on the furthest south side of the property zoned commercial to South 25th East. The signed agreement with Idaho Falls shall be provided to the City of Ammon prior to first building permit. -SC-3: Developer shall improve the East 49th South (Township Road) right of way including: curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon up to a maximum of sixty (60) feet, as stated in the annexation agreement that was recorded on October 31, 2014 prior to the first Certificate of Occupancy. Should this frontage be completed by the Granite Creek Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 18 of 32 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Division 3 developer prior to the first Certificate of Occupancy of the Granite Creek Commercial Division 1 a frontage fee shall be paid in lieu of construction. - SC-4: Developer shall provide a cross-access easement connecting to the commercially zoned property to the south. - SC-5: Developer shall construct the west half of Thousand Springs Drive to the full width including but not limited to curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon. - SC-6: This commercial property shall have no direct access to South 25th East or East 49th South. Developer acknowledges that at some time in the future access may be limited to right in/right out as determined by the City Engineer. Applicant’s Request: - Approval of Granite Creek Commercial Preliminary Plat - Presented by Jeff Freiberg, Freiberg Engineering Motion: Approve I move to approve the Granite Creek Commercial Division 1 Standard Development Agreement. Deny I move to deny the Granite Creek Commercial Division 1 Standard Development Agreement (state reasons for denial). Continue I move to continue the Granite Creek Commercial Division 1 Standard Development Agreement until further information can be obtained. (state information required) Attachments: 1. Granite Creek Commercial Division 1 Standard Development Agreement Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 19 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 1 of 13 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/GRANITE CREEK COMMERCIAL DIVISION 1) THIS AGREEMENT, made and entered into this 12th day of June, 2025, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho, Party of the First Part, hereinafter called the “City,” and Blueskies and Tailwinds LLC, a Limited Liability Corporation, Party of the Second Part, hereinafter called the “Developer.” RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in Bonneville County, Idaho, more particularly described on Exhibit “A” attached hereto and made a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, on May 7, 2025, the Granite Creek Commercial Master Plan was approved by the Planning and Zoning Commission; and WHEREAS, on May 7, 2025, the Granite Creek Commercial Division 1 Preliminary Plat was approved by the Planning and Zoning Commission; and WHEREAS, on May 15, 2025, the Granite Creek Commercial Master Plan was approved by the City Council; and WHEREAS, on June 5, 2025, the Granite Creek Commercial Division 1 Preliminary Plat was approved by the City Council; and WHEREAS, the City Engineer has recommended to the City Council of the City that such subdivision be accepted subject to certain requirements and obligations on the part of the Developer; Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 20 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 2 of 13 WHEREAS, on June 12, 2025, the Mayor and City of Council of the City of Ammon, Idaho, considered the Granite Creek Commercial Division 1 Standard Development Agreement for approval; and; WHEREAS, the City Council has agreed to accept platting of said lands subject to the following terms and conditions: NOW THEREFORE, in consideration of the above recitals and the mutual covenants and agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated into and made an integral part of this Agreement. 2. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of the date approved by the City Council. 3. TERM OF AGREEMENT. All rights related to this agreement, including all Developer’s rights herein, shall expire if no building permit has been issued within five (5) years of the Effective Date. 4. DEVELOPER. The term “Developer” and the language of this agreement, whether it is more than one developer, shall be construed as plural, and if there are any parties that are feminine or are firms or corporations, the masculine shall include the feminine and the neuter. All terms and conditions of this agreement shall run with the land. 5. INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS, PERMITS AND OTHER DOCUMENTS. 5.1. The following agreements, approvals, plans, permits and other documents are hereby incorporated into and made an integral part of this Agreement by reference as if restated herein in full. 5.1.1. Annexation Agreement approved by the Ammon City Council on: October 30, 2014. 5.1.2. Master Plan approved by the Ammon City Council on May 15, 2025. 5.1.3. Preliminary Plat approved by the Ammon City Council on June 5, 2025. 5.1.4. Improvement Drawings approved by the City Engineer on _____________2025. 5.2. Any material failure to comply with the terms and conditions of any of the above- referenced agreements, approvals, plans, permits and other documents shall constitute a breach of this Agreement. 5.3. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4. Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 21 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 3 of 13 Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.4.1. Plan review fees and inspection fees; 5.4.2. Amendments to building, plumbing, fire and other construction codes; 5.4.3. City enactments that are adopted pursuant to State or federal mandates that preempt the City’s authority to vest regulations. 6. GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1. That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans for each proposed plat. Said improvement plans shall also show the proposed location of other utilities, i.e., telephone, gas, electricity, and irrigation facilities, and such others as may affect or be affected by the subdivision development on such property. Such plans and utility improvements shown thereon shall meet the approval of the City Engineer and shall be incorporated herein and made a part hereof by reference. The Developer shall construct and install all such improvements in accordance with the current Edition of the Idaho Standards for Public Works Construction adopted by the City of Ammon including compliance with all other City codes and ordinances including the City of Ammon standards as adopted. Acceptance of improvements to be determined by the City of Ammon only after completed inspections and certification provided by Developer from a licensed, professional engineer certifying that said subdivision construction has been completed in compliance with the published standards. The Developer shall make a formal request in writing to the City of Ammon City Engineer for final acceptance of all said improvements. 6.2. That Developer, shall, at their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street and regulatory signs, parks, recreation amenities, open spaces, and/or other needed street or utility improvements as shown on the improvement plans. The Developer shall have the option to create a “dark sky” community, conforming with the International Dark Sky Guidelines. If, the Developer chooses to create a “dark sky” community this must be disclosed throughout the design and development process. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given for each improvement, upon the City Engineer finding the improvement meet standards, can be maintained by the City of Ammon, and will provide public benefits to the Ammon community. 6.3. That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and conveyance of any parcel in which a retention Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 22 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 4 of 13 area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. Additional improvements shall be required by the City on a case-by-case basis to ensure that the retention areas are a public benefit to the Ammon community. Additional improvements may include playground equipment, park amenities, walking paths, park structures, recreation amenities, or other improvements that enhance the public open space and provide benefit to the Ammon community. Satisfactory acceptance by the City of any above-grade improvements to retention areas shall be determined by the City Administrator. 6.4. That Developer shall require all contractors involved in constructing the subdivision improvements to furnish a minimum two (2) year warranty on all materials and workmanship involved. Additional warranty periods may be required in writing by the City on certain materials and products. Said period of warranty shall run from written acceptance given by City 6.5. That Developer shall comply with all City requirements in effect at the time construction is commenced on each said lot. That the Developer shall sell no lots at less than the size required in the zoning for such property. Lot lines may be changed by owners, but no additional building sites may be created without first amending the plat of record. All building and zoning codes must be complied with in the event of any change. 6.6. That Developer will obtain easements, design and construct the sanitary sewer lines as shown in the improvement drawings within the development. An 8” diameter sewer line is the general city standard. However, size of sewer line for the subject property will have to be individually established based upon the topography of the development and engineering standards, as approved by the City Engineer. Should City elect to have installed sewer line in excess of the size needed for this subject development, to accommodate development beyond the subject development, the City may agree to reimburse the Developer only for the material upsizing cost. Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized sewer line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. All sanitary sewer design and installation shall comply with the Idaho Standards for Public Works Construction (ISPWC) or other standards as adopted by the City at the time of construction. The property described herein will be serviced by the City of Ammon sewer system, unless specifically agreed to by both developer and the City of Ammon. 6.7. That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Development. An 8” diameter water line is the general city standard. However, size of water line for the subject property will have to be individually established based upon the topography of the development and engineering standards, as approved by the City Engineer. Should the City elect to have installed water line in excess of the size needed for this subject development to accommodate development beyond the subject development, the City may agree to reimburse the Developer only for the material upsizing cost. Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 23 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 5 of 13 Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized water line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. That the Developer shall be responsible for extending City water lines to said development through adjacent property if water is required prior to adjacent developers extending water lines to Developer’s property. The property described herein will be serviced by the City of Ammon water system, unless specifically agreed to by both Developer and the City of Ammon. 6.8. Developer shall construct a temporary access for all construction related to the project and shall not use existing streets for accessing the development. If no temporary access can be constructed and Developer must use existing streets for access, Developer shall complete a pre-construction survey of the street conditions for all public streets and related infrastructure that provide access to the development prior to commencement of all construction. The street survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing the existing conditions prior to commencement of any construction. At the conclusion of the project, a post-construction survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing any damages caused by construction of the development. Developer shall mitigate and pay or otherwise reimburse City for all damages to the streets caused by construction of the development as directed by the City Engineer. 6.9. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.10. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.11. That Developer shall construct and install all such improvements in strict accordance with the filed and approved street (including adjacent arterial and collector roads), sewer, water, and drainage improvement plans and the City standard drawings and construction specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the Developer and the City if the standards and specifications are more restrictive and onerous at the time of construction than at the time of the execution of this document. 6.12. That Developer shall pay or reimburse City for its reasonable share of all street improvements adjacent to the development, including water mains and lines, sewer lines, street paving, bridges, and other improvements such as but not limited to curb, gutter, sidewalks, and street lights, and does covenant that the City shall not have any maintenance responsibilities for the same until expiration of the two (2) year warranty period as provided for in the paragraph above, provided such improvements are constructed by Developer. 6.13. That Developer shall provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion or portions of said street or utility improvements he intends to complete at that time. Developer agrees to Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 24 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 6 of 13 make such modifications and/or construct any temporary facilities necessitated by such phase construction work as shall be required and approved by the City Engineer. 6.14. That Developer shall immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed utility or street construction. 6.15. That Developer hereby agrees that, upon a finding based upon the sole discretion of the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion or portions or the entirety of said utility or street improvements described in item 6.1. above, need to be completed, in the interest of the health, welfare, and/or safety of the inhabitants of the City, the Developer will within thirty days or such other reasonable time as defined by the City, construct said needed utility or street improvement. If Developer does not construct within said time after written notification of by the Council, the Developer will pay to the City the cost of such construction as the City shall order after conference with the Developer. Provided, however, the City Council shall not make the findings set forth in this paragraph except at a regular or special meeting of the Council and unless the Developer has been notified in writing of the time and place of such meeting of the City Council at least ten (10) days prior thereto and has been given an opportunity to be present in person or by counsel and to be heard on the merits of the proposed finding. At or before such hearing, the City Engineer shall furnish the Developer a cost estimate for completing said improvement. In the event the City elects to construct the utilities or street improvements as provided for in this Development Agreement and in the site plan, this Development Agreement shall, upon recording this Development Agreement, constitute a lien against all property in said Development other than those portions for which an occupancy permit has been issued. 6.16. That Developer further agrees that upon his having received written notification from the City Engineer that any of the requirements herein specified have not been complied with, the City shall have the right to withhold the issuance of any certificates of occupancy and the issuance of building permits within such annexed area until such time as all requirements specified herein have been complied with; provided, however, that the Developer shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy shall have been denied and shall have the right to be heard as to why such certificate or certificates should be issued. The Council shall then decide whether such certificate or certificates shall be issued and its decision shall be final, except that the rights of parties are preserved at law and equity. 6.17. That Developer agrees and covenants that prior to any construction or any improvements upon any of the area herein agreed, there shall be a preliminary plat approved by the Planning and Zoning Commission and approved by the City Council and the City Engineer, as to any areas where improvements are to be commenced. Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 25 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 7 of 13 6.18. That Developer shall dedicate to the City that portion of the proposed property shown on the plats as public streets, easements, and public ways. 6.19. That Developer shall reimburse City for all past and future costs of publications relative to this development until the development is completed in full. Said costs shall include but are not limited to publication costs for notices of public hearings for development agreement and zoning changes, ordinance publication costs for development and public hearings, etc. 6.20. In accordance with Idaho Code 67-6537, surface water is required as the primary water source for irrigation. Developer shall construct said pressurized irrigation system consistent with pressurized irrigation system standards and based on approval by the City Engineer. Developer shall construct a pressurized irrigation system to service all lots, parcels, and common areas within the subdivision. Developer shall receive approval of the pressurized irrigation system design prior to installing any components of the system. Pressurized Irrigation system shall become property of the City of Ammon, provided the following criteria are met: 1) Construction of the system is complete; 2) Developer has shown the system is fully operational for one (1) full operational season; and 3) Developer has shown the system is capable of providing the primary water source for irrigation to all lots and parcels within the subdivision. Developer shall be responsible for all defects and deficiencies in the pressurized irrigation system for two (2) years from the date it is turned over to the City of Ammon. A guarantee of completion in accordance with City Code 10-29-17 shall be provided prior to issuance of building permits within the subdivision. Upon transfer of the system to the City of Ammon, the City shall be responsible for all operations and maintenance of the pressurized irrigation system. If surface water is not deemed reasonably available minimum compensatory groundwater rights, deemed acceptable by the City of Ammon, may be purchased and transferred to the City of Ammon in accordance with City Code 8-10. 6.21. That Developer agrees no well to provide culinary, irrigation or water for any other use without the written permission by the City Engineer, shall be drilled upon said property after the recording date of this development agreement. Further that any ground water rights including any existing well, lines or other infrastructure on the property shall be dedicated or transferred to the City of Ammon. 6.22. That prior to the approval of a final plat in said subdivision, Developer shall construct and install all Public improvements as required by the approved improvement drawings for said subdivision. Public improvements shall include but not be limited to: roads, phone, electric, public water, public sewer, fire protection, cable, fiber ducts, fiber vaults, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. 6.23. That Developer shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the issuance of any building permit for said subdivision or produce a guarantee of completion in compliance with City Code 10-29-17. This guarantee of completion shall be provided in lieu of completing all infrastructure Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 26 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 8 of 13 improvements prior to issuance of building permits within a subdivision as required in the City of Ammon. 6.24. That when arterial roadway or infrastructure is required as part of a preliminary plat on property located within this agreement; the Developer shall install street lights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. 6.25. That Developer shall pay any front footage fees applicable to said property. 6.26. That Developer shall request that the City form a lighting district upon recording of a final plat related to this agreement. Said district shall include all public street/security lighting related to the property within the boundaries of this agreement. Developer agrees to pay for or reimburse City for all costs associated with the formation of said lighting district. 6.27. That Developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic study shall be complete and approved by the City Engineer. 6.28. That Developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29. That Developer shall petition the Eastern Idaho Regional Sewer District (EIRSD) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRSD fee as constituted by EIRSD prior to the time of the building permit application. Developer shall provide proof of payment to the City. Developer acknowledges that the City of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of EIRSD. Developer acknowledges that EIRSD provides wastewater treatment for this development and that the City of Ammon provides no representation to the Developer, by the signing of this agreement or otherwise, as to the availability of wastewater treatment. City shall not issue building permits until EIRSD provides written verification that the development can be served for wastewater treatment. All other requirements necessary for the issuance of building permits, as required by the city, must also be met. 6.30. Developer shall install fiber duct and handhold boxes as provided for by City standards for fiber installation at the time of construction. In addition, thereto, the City shall collect and the Developer/property owner shall pay, the amount set by the fee schedule as adopted by the City Council when the building permit is issued. Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 27 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 9 of 13 6.31. Developer and/or property owner shall designate on the required building site plan the location where fiber duct end will terminate. All installation of fiber duct and related infrastructure shall be installed pursuant to the standards adopted by the City of Ammon. 6.32. City shall, upon notification that the fiber duct has been installed, schedule installation of fiber and any other related equipment and infrastructure. 6.33. Developer shall pay the Law Enforcement Contribution Fee, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, for each commercial unit. 7. SPECIAL CONDITIONS. That this Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1. SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per unit for the incurred costs of the well, storage tank, and property. 7.2. SC-2: Developer shall enter into an agreement with the City of Idaho Falls regarding improvements to South 25th East, the intersection of South 25th East and East 49th South. This may include but not be limited to the construction of the road on the furthest south side of the property zoned commercial to South 25th East. The signed agreement with Idaho Falls shall be provided to the City of Ammon prior to first building permit. 7.3. SC-3: Developer shall improve the East 49th South (Township Road) right of way including: curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon up to a maximum of sixty (60) feet, as stated in the annexation agreement that was recorded on October 31, 2014 prior to the first Certificate of Occupancy. Should this frontage be completed by the Granite Creek Division 3 developer prior to the first Certificate of Occupancy of the Granite Creek Commercial Division 1 a frontage fee shall be paid in lieu of construction. 7.4. SC-4: Developer shall provide a cross-access easement connecting to the commercially zoned property to the south. 7.5. SC-5: Developer shall construct the west half of Thousand Springs Drive to the full width including but not limited to curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon. 7.6. SC-6: This commercial property shall have no direct access to South 25th East or East 49th South. Developer acknowledges that at some time in the future access may be limited to right in/right out as determined by the City Engineer. 8. MISCELLANEOUS PROVISIONS. 8.1. Covenant Running with the Land/Successors and Assigns. Unless this Agreement is modified by mutual written agreement of the Parties or terminated by City, this Agreement and all conditions, terms, duties and obligations included in this Agreement shall be binding upon Owner, each subsequent owner of the Property and every person or entity acquiring any interest in the Property. This Agreement shall constitute a covenant running with the land burdening the Property in favor of City and shall be binding upon Owner, its successors in interest, personal representatives, heirs, vendees and assigns. Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 28 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 10 of 13 8.2. Waiver. Any waiver of any of the terms or conditions of this Agreement by City or Owner must be in writing to be effective and shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or Owner of applying to any subsequent breach of any such or other covenants and conditions. 8.3. Notices. Any and all notices, demands, requests, and other communications required to be given hereunder by either of the parties hereto shall be in writing and be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail, postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by U.S. Mail as provided herein, addressed as follows: City: City of Ammon c/o City Administrator 2135 South Ammon Road Ammon, Idaho 83406 (208) 612-4051 Phone (208) 612-4009 Fax Owner: Blueskies and Tailwinds LLC 13975 South 1st East Idaho Falls, ID 83404 (404) 917-3405 Or at such other address, or facsimile number, or to such other party which any party entitled to receive notice hereunder designates to the other in writing as provided above. 8.4. Attorney Fees. In the event either party to this Agreement is required to retain the services of an attorney to enforce its rights hereunder, the defaulting party shall pay to the non-defaulting party reasonable attorney fees and costs incurred as a result of such default whether or not litigation is commenced and including reasonable attorney fees and costs on appeal. 8.5. Time is of the Essence. The parties hereto acknowledge and agree that time is hereby made expressly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the party so failing to perform. 8.6. Requirement for Recordation. The City shall record this document, including all of the Exhibits, and submit proof of such recording to the Developer. This agreement must be signed within thirty (30) days of City approval. Failure to sign within thirty (30) days will result in this entire agreement being null and void. 8.7. No Precedent. Approval of the Standard Development Agreement shall not be considered a binding precedent for the issuance of other development agreements. The Standard Development Agreement is not transferable from one parcel of land to another. 8.8. Police Powers. Nothing contained herein is intended to limit the police powers of the City. This Agreement shall not be construed to modify or waive any law, ordinance, rule, or regulation, including without limitation, applicable building Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 29 of 32 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 11 of 13 codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive plan provisions, unless expressly provided herein. 8.9. Invalid Provisions. If any provision of this Agreement is held not valid, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 8.10. Choice of Law. This Agreement shall be governed by the laws and decisions of the state of Idaho. 8.11. Certification of Compliance. Developer hereby certifies pursuant to Section 67- 2346, Idaho Code, that the Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent companies and affiliates, are not currently engaged in, and will not for the duration of this Agreement, knowingly engage in, a boycott of goods or services from Israel or territories under its control. Developer hereby certifies pursuant to Section 67-2359, Idaho Code, that the Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent companies and affiliates, are not currently wholly or partly owned or operated by the Government of China or any company that is owned or operated by the Government of China. IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this agreement to be duly executed the day and the year first above written. CITY OF AMMON, IDAHO DEVELOPER By:___________________________ By: ____________________________ Sean Coletti, Mayor Lauren Mosteller, Managing Member LLC ATTEST: _______________________________ Micah Austin, Interim City Clerk Ammon City Council Meeting June 12, 2025 - 4:30 pm Page 30 of 32 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 Meeting June 12, 2025 - 4:30 pm Page 31 of 32 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 Meeting June 12, 2025 - 4:30 pm Page 32 of 32