09.04.2025 City Council PacketAMMON CITY COUNCIL MEETING
September 4, 2025 - 6:00 pm
Ammon City Hall
2135 S Ammon Road, Ammon, ID 83406
PUBLIC COMMENT 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: Exhibit A
2.Minutes: August 21, 2025– Regular Meetings - Page 2
PROCLAMATIONS
1.Constitution Day - Page 10
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Consideration of Resolution 2025-009 ROW Acquisition- (Micah Austin, City
Administrator) - Page 11
2.Consideration of the Standard Development Agreement for Clarkside
Industrial Park - (Cindy Donovan, City Planner) - Page 15
DISCUSSION ITEMS:
1.Fall Fee Resolution
2.Miscellaneous
ADJOURN
The following guidelines for public
comment have been adopted:
1. Before an individual may be
heard, the Mayor, Council
President, or Commission Chair
must recognize them.
2. Individuals recognized for
comment shall provide their name
and address for the record.
Individuals must utilize the podium
at the front of the room and not
speak from their seat.
3. Individuals must direct comments
to the Commission or Council, not
other individuals within the room.
Individuals must limit comments to
three (3) minutes or less.
4. Individuals must avoid repetitious
comments or ideas that have
already been presented.
5. All comments shall be made
courteously, respectfully, and civilly.
Inflammatory, disrespectful,
degrading statements, heckling,
applause, or obscene or indecent
language will not be tolerated.
Individuals that violate these
guidelines may be asked to leave
the meeting.
UPCOMING
- September 11 , 2025 Work Session
- September 18, 2025 City Council
- October 2, 2025 City Council
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: 2025-010; Next Ordinance Number: 739
Ammon City Council September 4, 2025 Page 1 of 28
AMMON CITY COUNCIL MINUTES
THURSDAY, AUGUST 21, 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 Hamberlin
Prayer – Council Member Fullmer
CONSENT AGENDA:
1.Accounts Payable Report: Exhibit A
2.Minutes: August 7 and 14, 2025 – Regular Meetings
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
AMMON LIGHTING DISTRICT BOARD:
CONSENT AGENDA:
1.Accounts Payable Report: Exhibit A
ACTION ITEMS:
1.Ordinance 737-LD Lighting Districts Annual Appropriations FY 2026
ACTION ITEMS:
1.Appointment of Joanna Dahm as City Clerk - (Micah Austin, City Administrator)
2.Ordinance 738 Annual Appropriations FY 2026 - (Jennifer Belfield, Finance Director)
3.Consideration of Clarkside Industrial Park Preliminary Plat - (Cindy Donovan, City Planner)
4.Consideration of the Standard Development Agreement for Clarkside Industrial Park - (Cindy Donovan,
City Planner)
DISCUSSION ITEMS:
1.Fall Fee Resolution
2.Miscellaneous
EXECUTIVE SESSION:
1.Pursuant to Idaho Code 74-206(a): To consider hiring a public officer, employee, staff member or
individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a
particular vacancy or need.
2.Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of, or to hear
complaints or charges brought against, a public officer, employee, staff member or individual agent, or
public school student;
ADJOURN
MINUTES
City Officials Present: City Attorney Scott Hall
Ammon City Council Regular Meeting 08.21.2025 Page 1 of 8
Ammon City Council September 4, 2025 Page 2 of 28
Mayor Sean Coletti
Council Member Scott Wessel
Council Member Kris Oswald
Council Member Jeff Fullmer
Council President Russell Slack
Council Member Heidi Boyle
Council Member Sid Hamberlin
City Administrator Micah Austin
City Planner Cindy Donovan
Finance Director Jennifer Belfield (via Zoom)
Assistant Planner Heather McBride
Water & Wastewater Division Director Nathan Ribblett
CALL TO ORDER:
Mayor Sean Coletti called the meeting to order at 6:00 p.m. Council Member Hamberlin led the pledge
of allegiance and Council Member Fullmer gave a prayer.
CONSENT AGENDA:
1.Accounts Payable Report: Exhibit A
2.Minutes: August 7 and 14, 2025 – Regular Meeting
It was moved by Council Member Slack and seconded by Council Member Wessel 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)
Edward Williams, Lifecare Center at 2725 E 17th St, explained the need for public transportation within
the City of Ammon and the importance of Greater Idaho Falls Transit (GIFT) for transportation options.
Williams presented a petition in support of bringing GIFT services to the City of Ammon.
Nicole Hill, Idaho Falls, moved to Idaho Falls from Ammon in order to gain access to GIFT for
transportation needs.
Kade Marquez, GIFT, 716 N Skyline Drive, Idaho Falls, explained the need for GIFT in the Ammon area to
provide transportation services to residents in need of its services.
Council Member Boyle made a comment regarding the budget and why the Council directed staff to not
appropriate funds to the GIFT contract in the fiscal year 2026 budget.
It was moved by Council Member Slack and seconded by Council Member Hamberlin to move into
action as the Ammon Lighting District Board.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
AMMON LIGHTING DISTRICT BOARD:
CONSENT AGENDA:
1.Accounts Payable Report: Exhibit A
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Ammon City Council September 4, 2025 Page 3 of 28
It was moved by Council Member Slack and seconded by Council Member Hamberlin to approve the
Lighting District Consent Agenda.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
ACTION ITEMS:
1.Ordinance 737 Lighting District Annual Appropriations 2026
It was moved by Council Member Slack and seconded by Council Member Boyle 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
737LD 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.
It was moved by Council Member Slack and seconded by Council Member Wessel to return to the
regular Council meeting.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
ACTION ITEMS:
1.Appointment of Joanna Dahm as City Clerk (Micah Austin, City Administrator)
Recommendation:
Appoint Joanna Dahm as City Clerk
Summary of Analysis:
1.The City Clerk position has been covered on a temporary basis by various city employees.
The Interim City Clerk is Micah Austin.
2.The recruitment process for the City Clerk has concluded. The City of Ammon received 50
applications for this position.
3.After an extensive recruitment process, Mayor Coletti offered the position of City Clerk to
Joanna Dahm. Joanna Dahm has accepted the position, with a starting date of August 25,
2025.
4.Section 1-7-1 of the Ammon Municipal Code requires certain positions to be appointed by
the Mayor with the consent of the City Council. The position of City Clerk is one of those
positions that must be confirmed by the City Council.
5.Mayor Coletti, and all involved staff members, recommend appointing Joanna Dahm as the
City Clerk for the City of Ammon.
Financial Impact:
The City Clerk is paid from the City Clerk Budget. This is a budgeted position and there are funds
available for this position.
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Joanna Dahm introduced herself to the Council. Mayor Colletti summarized Dahm’s qualifications.
It was moved by Council Member Oswald and seconded by Council Member Fullmer to appoint Joanna
Dahm as City Clerk for the City of Ammon effective August 25, 2025 at 8:00 a.m.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
2.Ordinance 738 Annual Appropriations 2026 (Jennifer Belfield, Finance Director)
Recommendation:
Staff respectfully recommends that the Ammon City Council adopt fiscal year 2026 Annual
Appropriations Ordinances # 737LD and 738 and waive the three readings.
Summary of Analysis:
1.We have 10 Lighting Districts. There were no updates/changes from FY 2025 to FY 2026 in any of
the lighting districts. No new districts were added and no new lights were turned on. So the
budget for FY 2026 is similar to FY 2025.
2.June 11 Council Work Session meeting was the preliminary budget presentations by the
department heads and Council liaisons, and we all discussed the details of the Ammon budget.
3.July 9 Work Session the budgets were presented for general approval, and authorization to
publish the budget. The main updates here were the Street projects, updating the Sheriff’s
Contract from 5% to 6%, and the Executive contingency reduced to balance the General Fund to
zero.
4.August 7 was the public hearing on the budgets. There were no items contested.
5.We received the final property tax information. The updated valuation of the City of Ammon is
$2,376,849,012. We will be assessing $2,810,113, and our levy rate is estimated to be
.001182285. Our levy rate went down for eight years in a row, went up in 2025, and down again
in 2026. A resident will pay Ammon $118.23 per $100,000 taxable value of their property, a
decrease of $0.32 per $100,000 taxable value from the current year. The value of Ammon went
from $2,229,849,384 in 2024 to $2,376,849,012 in 2025, meaning that after adding in new
construction, most properties values updated minimally. We are still providing max services with
minimal revenues.
6.FY 2026 will be the first year the temporary two year Street Levy will be assessed/collected. The
$1,250,000 Street Levy rate is .000525906, meaning that for every $100,000 of taxable property
value, $52.59 will be assessed. Combining both of our levy rates, the total property tax levy rate
is .0017081914.
7.August 14 Work Session - now that we received the final property tax information, we did not
receive as much for new construction or the Urban Renewal Agency expiring as anticipated. The
shortfall difference was $83,733.56. To balance the budget, Council removed GIFT and the
Community Development Director position.
8.Previously EIRSD had estimated their annual increase to be 4%, so we budgeted a 4% increase.
The actual from EIRSD will be 3.02%, so Council directed to update our increase from 4% to 3%.
9.Per Idaho Code 50-1003, the City Council of each city shall, prior to the commencement of each
fiscal year, pass an Ordinance to be termed the Annual Appropriation Ordinance.
10.The City Council to please adopt Ordinances #737LD and 738, entitled the Annual Appropriations
Ordinance for the fiscal year beginning October 1, 2025, appropriating to the various funds sums
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of money deemed necessary to defray all expenses and liabilities within each fund for the
ensuing fiscal year, authorizing a levy of sufficient tax upon the taxable property, specifying the
objects and purpose for which said appropriation is made, and provide an effective date.
Financial Impact:
●The fiscal year 2025-26 City budget provides budget authority for the services and projects
the City anticipates providing during the new fiscal year.
●All GL numbers will be impacted by the budget.
●The two largest items in the budget this next year are 1st Street from Hitt Road to Ammon
Road, and the wastewater maintenance and operations and bond payment that we pay to
Eastern Idaho Regional Sewer District. The next largest single item is the Sheriff’s Contract.
Council Member Fullmer asked about funding options to add GIFT to the budget. Council Member Slack
stated that GIFT is not currently an option as the Council should prioritize building City reserves.
It was moved by Council Member Slack and seconded by Council Member Wessel 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 Hamberlin to adopt
Ordinance 738 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.
3.Consideration of Clarkside Industrial Park Preliminary Plat (Cindy Donovan, City Planner)
Recommendation:
Staff recommends approval based on the following staff report
Compliance:
-In compliance with the Comprehensive Plan and the Future Land Use Map
-Title 10 Chapter 25 – I & M-1 Industrial and Manufacturing Zone
-Title 10 Chapter 29 Subdivision Regulations
Criteria for Decision:
-10-25-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE
-10-29-2: PLAT REQUIRED
-10-29-6 General Requirements, (A) 5 - Dead-end streets or culs-de-sac
-10-29-8 Preliminary Plat Requirements
-10-37-1 (A) Permitted Uses by Zone – matrix shows allowed uses within the I & M-1 zone
Summary of Analysis:
1.Property is zoned I & M-1
2.The proposed plat includes 11 industrial lots
3.The length of the cul-de-sac is 842 ft
4.Extended cul-de-sac may be permitted in this instance due to the following conditions:
a.Property is east of an existing subdivision with no access to Ross Avenue
b.Railroad is located on the east side of the property
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Ammon City Council September 4, 2025 Page 6 of 28
c. Walker Produce is located along a portion of the east side of the property
d. There is no access to a public street to the north, east, or west.
e. An appropriate turn-around will be located at the north end of the street
f. Requires approval of the Public Works Director, City Engineer, and the Fire Marshal
5. Property will be served by Ammon Water and Eastern Idaho Sewer District (EIRSD)
6. A Standard Development Agreement will be required for this development which shall require
Right of Way to be dedicated to the City and improvements to Sunnyside Road.
Planning and Zoning Commission:
The Commission reviewed the Preliminary Plat on July 2, 2025
The Commission unanimously recommended approval of the Preliminary Plat
Parcel Characteristics:
- General Location: north of Sunnyside Road, east of Ross Avenue, south of East 17th Street, west
of Neil Drive
- Acres: 6.37 acres
- Zoning: I & M-1
- Average Lot Size: 22,243 sq ft/0.51 acres
- Lots: 11
Applicant’s Request:
- Approval of Clarkside Industrial Park Preliminary Plat
- Presented by Jeff Freiberg, Freiberg Engineering and Jeremiah Clark, Owner
Development Contributions:
Water Rights – Development will use pressurized irrigation or pay a fee in lieu
Road Construction – Developer will be required to improve frontage on Sunnyside Road and
dedicate Right of Way to the City
Parks – Not required in a commercial development
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.
Jeremiah Clark, 4942 Millcreek Lane, explained that an access easement will be granted to the property
to the north. Clark stated there is potentially interest to continue the road to the north.
It was moved by Council Member Boyle and seconded by Council Member Oswald to approve the
Clarkside Industrial Park Preliminary Plat finding in compliance with the Comprehensive Plan and City
Ordinance showing the easement to the north as mandated by the Courts.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
4. Consideration of the Standard Development Agreement for Clarkside Industrial Park (Cindy
Donovan, City Planner)
Summary of Analysis:
1. Property is zoned I & M-1
2. Special Conditions will include:
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a. SC-1: Developer shall dedicate fifty (50) feet of Right of Way on the north portion of
Sunnyside Road along the property frontage within sixty (60) days of City approval of this
agreement
b. SC-2: Developer shall improve the property frontage along Sunnyside Road including:
curb, gutter, sidewalk, a full left turn lane into the development to the standards of the
City of Ammon, within twelve (12) months of the power poles being relocated. (provide
required timeline)
c. SC-3: Developer shall provide a ten (10) foot landscape buffer as per 10-5-24 adjacent to
the residential property boundary
d. SC-4: Developer shall provide a twenty-four (24) foot cross-access easement connecting
to the industrial property to the east
Council directed staff to add Special Condition 5 to require a 26 foot access easement to the north.
It was moved by Council Member Slack and seconded by Council Member Oswald to table the
consideration of the Standard Development Agreement for the Clarkside Industrial Park Subdivision
for staff to add Special Condition 5.
Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
DISCUSSION ITEMS:
1. Fall Fee Resolution
City Administrator Micah Austin introduced the discussion of amendments to the fee resolution.
Amendments will be presented in September.
2. Miscellaneous
Water & Wastewater Division Director Nathan Riblett updated the Council on the status of the
relocation of the Taylorview lift station. Riblett provided an update on water meter installations.
City Planner Cindy Donovan presented updates on the 1st Street bridge project and Curlew Drive
construction.
Council Member Fullmer asked if information could be added to the Fall 2025 newsletter to inform
homeowners about finding legitimate contractors. Council Member Fullmer asked that fireworks are
addressed in the fall newsletter. Mayor Colletti explained the newsletter will be digital due to the
cost of paper copies.
Council Member Oswald shared requests from residents to add more pickleball courts.
Council Member Wessel distributed copies of the Sage Point Village Apartments development.
Council Member Wessel explained the importance of requiring timelines for amenities and
requirements to ensure that amenities are provided in a reasonable timeframe.
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Ammon City Council September 4, 2025 Page 8 of 28
Council Member Hamberlin provided an update from the Eastern Idaho Regional Sewer District and
explained that phase 1 of the expansion is complete.
EXECUTIVE SESSION:
1. Pursuant to Idaho Code 74-206(a): To consider hiring a public officer, employee, staff member or
individual agent, wherein the respective qualities of individuals are to be evaluated in order to
fill a particular vacancy or need.
2. Pursuant to Idaho Code 74-206(b): To consider the evaluation, dismissal or disciplining of, or to
hear complaints or charges brought against, a public officer, employee, staff member or
individual agent, or public school student;
It was moved by Council Member Slack and seconded by Council Member Boyle to enter into
Executive Session pursuant to Idaho Code 74-206 (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 7:20 pm and exited 8:32 pm.
ADJOURN at 8:32 pm
______________________________
Sean Colletti, Mayor
______________________________
Micah Austin, Interim City Clerk
Ammon City Council Regular Meeting 08.21.2025 Page 8 of 8
Ammon City Council September 4, 2025 Page 9 of 28
PROCLAMATION
Whereas, September 17, 2025 marks the two hundred and thirty-eighth anniversary
of the drafting of the Constitution of the United States of America by the
Constitutional Convention; and
Whereas, It is fitting and proper to accord official recognition to this magnificent
document and its memorable anniversary and to the patriotic celebrations
which will commemorate the occasion; and
Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17th through
23rd as Constitution Week.
Now, Therefore I, Sean Coletti, Mayor of the City of Ammon, do hereby proclaim the week
of September 17th through September 23rd as
CONSTITUTION WEEK
And ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by
vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties
remembering that lost rights may never be regained.
PROCLAIMED AND SIGNED this 4th Day of September 2025
________________________________
Sean Coletti, Mayor
________________________________
Joanna Dahm, City Clerk
Ammon City Council September 4, 2025 Page 10 of 28
Ammon City Council
September 4, 2025
Mayor Coletti and City Councilmembers:
Resolution 2025-009
Acquisition of Property along 45th Street (Crowley Road)
Staff Presenting:
Micah Austin, City Administrator
Recommendation
- Adopt Resolution 2025-009 as presented.
Summary of Analysis
1. Following the annexation property located at the northwest corner of Sunnyside and 45th Street,
it was discovered that there is a small strip of property in 45th Street that does not have a clear
chain of title. For this reason, the northwest corner of Sunnyside and 45th Street could not be
officially annexed into the City of Ammon.
2. Over the past two years, staff has worked with legal counsel to determine the best way to
acquire the strip of property located in the middle of 45th Street. After consideration of several
options, it was determined that the City Ammon should seek quiet title to the property.
3. Resolution 2025-009 begins the process of seeking quiet title of the property through eminent
domain. Adoption of the resolution is necessary for legal counsel to process with the next steps
in the quiet title process.
Financial Impact
- Costs associated with acquiring this property will include surveying fees, title fees, and possible
appraisal reports. The GL Account # 60-460-601 is for Right of Way acquisition and will be used
for all costs associated with this project.
Motion
“I move to approve Resolution 2025-009 as presented.”
Attachments:
1. Resolution 2025-009.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council September 4, 2025 Page 11 of 28
RESOLUTION NUMBER 2025-009
CITY OF AMMON RESOLUTION AND ORDER
A Resolution and Order by the City of Ammon Concerning Need for Eminent Domain Along Crowley Road Resolution No: 2025-009
WHEREAS, the City of Ammon (“City”) has the right to commence an action in the name of the City to proceed in the district court to condemn land necessary for highway right-of-way purposes under I.C.§ 7-701 et. seq., provided the City finds the requested land is necessary for a public highway and public use;
WHEREAS, 45th Street (Crowley Road) is an arterial highway in the City used by the public
for residential, commercial, and industrial purposes and the need for the expansion of said roadway is both reasonable and necessary for a public highway and public use;
WHEREAS, the population surrounding and the use of 45th Street (Crowley Road) has dramatically increased over the past several years;
WHEREAS, the Public Works Department has proposed an expansion of Crowley Road from
just north of the intersection of Sunnyside Road and 45th Street (Crowley Road), thence along 45th Street (Crowley Road) to a point of intersection with 17th Street for purpose of public travel, safety, road maintenance, and other public use;
WHEREAS, expansion of the roadway necessarily requires the acquisition of additional
property for road right of way and easements for the relocation of certain public utilities;
WHEREAS, the City has determined it is necessary to retain legal counsel to represent the public interest; AND
WHEREAS, that real property more particularly identified in Exhibit "A" attached hereto (the “Property”), is under private ownership, aligns the present 45th Street (Crowley Road) right-
of-way, and is reasonable and necessary to be condemned for this public highway expansion and
public use;
NOW THEREFORE, for the foregoing reasons, the Ammon City Council finds as follows:
1) The taking of the Property, which is under private ownership, is authorized by law
pursuant to I.C. § 7-703(1);
2) The use of the Property for a public highway is authorized by law pursuant to I.C. § 7-701(4);
3) The use of the Property for a public utility easement is authorized by law pursuant to I.C. § 7-701(6, 7, 9, and 11);
4) The taking of the Property is necessary for such expansion and public use for a public highway. I.C. §§ 7-704(2);
5) The City requires fee title to the Property to gain effective use thereof;
Ammon City Council September 4, 2025 Page 12 of 28
6) The Ammon City Council finds it necessary to retain legal counsel to represent the interests of the City, AND
7) An action may be commenced in the district court to the extent necessary to secure said parcels and rights of way for the expansion and public use of Crowley Road.
ORDERED THIS this 4 day of September, 2025, during the regular meeting of the Ammon City Council. This order shall be entered upon the minutes of the Ammon City Council.
This Resolution will be in full force and effect upon the day of its adoption.
CITY OF AMMON
______________________________ Sean Coletti, Mayor
ATTEST: ________________________
_
Joanna Dahm, City Clerk AMMON CITY COUNCIL
_______________________________ Russell Slack, President _______________________________
Scott Wessel, Council Member
_______________________________ Sid Hamberlin, Council Member
_______________________________
Kris Oswald, Council Member _______________________________ Heidi Boyle, Council Member
_______________________________ Jeff Fullmer, Council Member
Ammon City Council September 4, 2025 Page 13 of 28
EXHIBIT A (Fee Title Acquisition)
A parcel of land located in the Southeast 1/4 of Section 26 and the Northeast 1/4 of Section 35, Township 2 North, Range 38 East, Boise Meridian, Bonneville County, Idaho, being more particularly described as follows:
Commencing from the center of the intersection of Crowley Road and Sunnyside road, said
point once being known as "Snell Rock", from which point the southeast corner of Section 26 lies N 29° 51' 25" E for a distance of 152.69 feet; Thence, N 00° 06' 02" E along the centerline of Crowley Road (said centerline being defined as the line between said "Snell Rock" and the east 1/4 corner of said Section 26) for a distance of 28.00 feet to the TRUE POINT OF
BEGINNING; Thence, N 88° 16' 30" W for a distance of 30.01 feet; Thence, N 00° 06' 02" E
for a distance of 101.88 feet to a point on the South boundary of Section 26; Thence, N 00° 06' 02" E for a distance of 531.85 feet; Thence, S 89° 53' 58" E for a distance of 30.00 feet to the centerline of Crowley Road; Thence, S 00° 06' 02" W for a distance of 531.33 feet to a point on the North boundary of Section 35; Thence, S 00° 06' 02" W for a distance of
103.25 feet to the TRUE POINT OF BEGINNING.
Said parcel contains 0.437 acres, more or less.
Ammon City Council September 4, 2025 Page 14 of 28
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council Meeting
September 4, 2025
Mayor Coletti and City Council Members:
Clarkside Industrial Park Standard Development Agreement
Staff Presenting:
Cindy Donovan – Planning Director
Summary of Analysis:
1. Property is zoned I & M-1
2. Draft Standard Development Agreement was presented to the City Council on August 21, 2025.
3. The Council requested the addition of Special Condition 5 to provide a cross-access easement to
the property to the north due to the recent court decision.
4. Special Conditions will include:
a. SC-1: Developer shall dedicate fifty (50) feet of Right of Way on the north portion of
Sunnyside Road along the property frontage within sixty (60) days of City approval of this
agreement
b. SC-2: Developer shall improve the property frontage along Sunnyside Road including: curb,
gutter, sidewalk, a full left turn lane into the development to the standards of the City of
Ammon, within twelve (12) months of the power poles being relocated.
c. SC-3: Developer shall provide a ten (10) foot landscape buffer as per 10-5-24 adjacent to the
residential property boundary
d. SC-4: Developer shall provide a twenty-four (24) foot cross-access easement connecting to
the industrial property to the east
e. SC-5: Developer shall provide a twenty-four (24) foot cross-access easement connecting to
the property to the north.
Parcel Characteristics:
- General Location: north of Sunnyside Road, east of Ross Avenue, south of East 17th Street, west
of Niel Drive
- Acres: 6.37 acres
- Zoning: I & M-1
- Average Lot Size: 22,243 sq ft/0.51 acres
- Lots: 11
Development Contributions:
− Water Rights – Development will use pressurized irrigation or pay a fee in lieu
− Road Construction – Developer will be required to improve frontage on Sunnyside Road and
dedicate Right of Way to the City
− Parks – Not required in a commercial development
− Law Enforcement – required in 6.33 of the Standard Development Agreement based on the
current fee resolution. This calculation is based on the square footage and use of the property.
Motion:
Approve
I move to approve the Clarkside Industrial Standard Development Agreement
Attachments:
1. Clarkside Industrial Park Standard Development Agreement
Ammon City Council September 4, 2025 Page 15 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 1 of 13
STANDARD DEVELOPMENT AGREEMENT
(CITY OF AMMON/CLARKSIDE INDUSTRIAL PARK)
THIS AGREEMENT, made and entered into this 4th day of September, 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 Jeremiah and Amanda Clark, an
individual, 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 July 2, 2025, the Clarkside Industrial Park Preliminary Plat was approved
by the Planning and Zoning Commission; and
WHEREAS, on August 21, 2025, the Clarkside Industrial Park 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;
WHEREAS, on September 4, 2025, the Mayor and City of Council of the City of Ammon,
Idaho, considered the Clarkside Industrial Park 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:
Ammon City Council September 4, 2025 Page 16 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 2 of 13
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. Ordinance 160 annexing said property was approved by the Ammon City
Council on: May 3, 1978.
5.1.2. Preliminary Plat approved by the Ammon City Council on August 21, 2025.
5.1.3. 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
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.
Ammon City Council September 4, 2025 Page 17 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 3 of 13
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
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
Ammon City Council September 4, 2025 Page 18 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 4 of 13
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.
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
Ammon City Council September 4, 2025 Page 19 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 5 of 13
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
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
Ammon City Council September 4, 2025 Page 20 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 6 of 13
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.
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
Ammon City Council September 4, 2025 Page 21 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 7 of 13
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
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
Ammon City Council September 4, 2025 Page 22 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 8 of 13
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.
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.
Ammon City Council September 4, 2025 Page 23 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 9 of 13
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 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 dedicate fifty (50) feet of Right of Way on the north portion
of Sunnyside Road along the property frontage within sixty (60) days of City
approval of this agreement.
7.2. SC-2: Developer shall improve the property frontage along Sunnyside Road
including: curb, gutter, sidewalk, a full left turn lane into the development to the
standards of the City of Ammon, within twelve (12) months of the power poles
being relocated.
7.3. SC-3: Developer shall provide a ten (10) foot landscape buffer as per 10-5-24
adjacent to the residential property boundary.
7.4. SC-4: Developer shall provide a twenty-four (24) foot cross-access easement
connecting to the industrial property to the east.
7.5. SC-5: Developer shall provide a twenty-four (24) foot cross-access easement
connecting to the property to the north.
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.
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
Ammon City Council September 4, 2025 Page 24 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 10 of 13
(208) 612-4051 Phone
(208) 612-4009 Fax
Owner:
Jeremiah and Amanda Clark
4942 Millcreek Road
Ammon, ID 83406
208-221-5338
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
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
Ammon City Council September 4, 2025 Page 25 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 11 of 13
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 Jeremiah Clark
________________________________
Amanda Clark
ATTEST:
_______________________________
Joana Dahm, City Clerk
Ammon City Council September 4, 2025 Page 26 of 28
CLARKSIDE INDUSTRIAL PARK 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 Jeremiah Clark, 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:
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 Amanda Clark, 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 September 4, 2025 Page 27 of 28
CLARKSIDE INDUSTRIAL PARK STANDARD DEVELOPMENT AGREEMENT - Page 13 of 13
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION
Boundary Description
Beginning at a point that is N.88°32′22 W. along the Section line 270.23 feet from the South 1/4
Corner of Section 26, Township 2 North, Range 38 East of the Boise Meridian; running thence
N.88°32'22 W. along said Section line 241.27 feet; thence N.00°06'24"W. 928.50 feet; thence
S.88°32′22′′E. 366.00 feet; thence S.00'06'24 E. 100.00 feet; thence S.88°32′22′′E. 13.50 feet to
the West Right-of-Way of the Eastern Idaho Railroad; thence S.00°06'24"E. along said West
Right-of-Way line 267.19 feet; thence N.89°47'33"W. 123.92 feet; thence S.01'21'23 W. 558.39
feet to the POINT OF BEGINNING.
SUBJECT TO: existing Sunnyside Road Right-of-Way and easements of record.
Parcel Contains 6.37 Acres.
Sunnyside Right-of-Way
Beginning at a point that is N.88°32’22”W. along the Section line 270.23 feet from the South 1/4
Corner of Section 26, Township 2 North, Range 38 East of the Boise Meridian; running thence
N.88°32’22”W. along said Section line 241.89 feet; thence N.00°02’08”E. 27.31 feet; thence
S8832’22”E, 73.56 feet; thence N4624’32”E, 28.26 feet; thence S8832’22’E, 60.01 feet;
thence S4335’30”E, 28.31 feet; thence S8832’22”E, 68.95 feet; thence S0121’24”W, 27.30
feet to the POINT OF BEGINNING.
Contains 8213.32 sq. ft
EXHIBIT B
TO
DEVELOPMENT AGREEMENT
BMPO ACCESS MANAGEMENT PLAN
JULY 2012
Ammon City Council September 4, 2025 Page 28 of 28