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01.08.2026 City Council Packet AMMON CITY COUNCIL MEETING January 08, 2026 - 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 Oswald - Prayer – Council Member Fullmer CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: December 18, 2025 – Regular Meetings - Page 2 SWEARING-IN OF MAYOR BRIAN POWELL SWEARING-IN OF COUNCIL MEMBERS: 1. Nolan Wheeler 2. Kris Oswald 3. Sid Hamberlin ELECTION OF COUNCIL PRESIDENT PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) ACTION ITEMS: 1. Consideration of Contract for Services - Ammon Arts Community Theater, Inc - (Micah Austin, City Administrator) Page 5 DISCUSSION ITEMS: 1. Dodge Durango Title 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 - January 15, 2026, Work Session - January 22, 2026, City Council - February 05, 2026, 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: 2026-001; Next Ordinance Number: 744 Ammon City Council January 08, 2026 Page 1 of 10 AMMON CITY COUNCIL MINUTES THURSDAY, DECEMBER 18, 2025 – 6:00 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: Council Member Wessel at 6:00 p.m. Pledge of Allegiance – Council Member Boyle Prayer – Council Member Wessel CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: December 4 and 11, 2025 – Regular Meetings PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) ACTION ITEMS: 1. Odyssey Model Home Conditional Use Permit - (Cindy Donovan, City Planner) 2. Comprehensive Plan Future Land Use Map amendment - (Cindy Donovan, City Planner) 3. Clark Property Rezone R-1 to I&M-1 - (Cindy Donovan, City Planner) DISCUSSION ITEMS: 1. Miscellaneous ADJOURN MINUTES City Officials Present: Mayor Sean Coletti Councilmember Jeff Fullmer Councilmember Scott Wessel Councilmember Kris Oswald Councilmember Sid Hamberlin-Via Zoom Councilmember Heidi Boyle City Attorney Scott Hall City Administrator Micah Austin City Clerk Joanna Dahm City Planner Cindy Donovan Assistant City Planner Heather McBride City Engineer Morgan Stewart Water/Wastewater Division Director Nathan Riblett City Officials Absent: Council President Russell Slack CALL TO ORDER: Mayor Sean Coletti called the meeting to order at 6:00 p.m. Council Member Boyle led the pledge of allegiance and Council Member Wessel gave a prayer. CONSENT AGENDA: Ammon City Council Regular Meeting 12.18.2025 Page 1 of 3 Ammon City Council January 08, 2026 Page 2 of 10 1. Accounts Payable Report: Exhibit A 2. Minutes: December 4 and 11, 2025 – Regular Meeting It was moved by Council Member Boyle and seconded by Council Member Fullmer to approve the Consent Agenda minus the bill to progressive Wessel, yes; Oswald, yes; Fullmer, yes; Slack, absent; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) No public comment was presented. ACTION ITEMS: 1. Odyssey Model Home Conditional Use Permit - (Cindy Donovan, City Planner) Recommendation: - Approval of Conditional Use Permit Derek Thompson-2999 Lancer Ave - discussed with the Council on length of model home use stating depending on changes to designs they possibly will not use the model home for the whole 4 years. Parking was discussed, plenty of parking for those to come see the home. It was moved by Council Member Fullmer and seconded by Council Member Wessel to approve the request for a Model Home Conditional Use Permit for Odyssey Wessel, yes; Oswald, yes; Fullmer, yes; Slack, absent; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. 2. Comprehensive Plan Future Land Use Map amendment - (Cindy Donovan, City Planner) It was moved by Council Member Oswald and seconded by Council Member Fullmer to approve the Comprehensive Plan Future Land Use Map Amendment Wessel, yes; Oswald, yes; Fullmer, yes; Slack, absent; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. 3. Clark Property Rezone R-1 to I&M-1 - (Cindy Donovan, City Planner) Discussion was had concerning the proposed primary use of the property being storage units. Council Member Boyle stated we usually have issues with lighting at storage facilities. City Planner Donovan stated there are Dark Sky requirements there and lighting won’t be an issue. City Manager Micah Austin stated you can do a conditional rezone. The council has worries about noise, lighting, traffic and smells that could disrupt the neighbors. The code states excessive noise and smell is not allowed. There is already code in place that limits the height of the building. City Administrator Micah Austin stated that if council isn’t wanting to limit the uses then you don’t need a conditional rezone. It was moved by Council Member Wessel and seconded by Council Member Fullmer to approve Clark Property Rezone R-1 to I&M-1, with emphasis on City Ordinance 10-25-1 in its entirety Ammon City Council Regular Meeting 12.18.2025 Page 2 of 3 Ammon City Council January 08, 2026 Page 3 of 10 Wessel, yes; Oswald, yes; Fullmer, yes; Slack, absent; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. DISCUSSION ITEMS: 1. Miscellaneous- Council Member Kris Oswald-asked what the City of Ammon can do about the guy on Sunnyside and Ammon Road panhandling, are citizens supposed to call the City or the Sheriff’s Department if there are issues or concerns- City Administrator Micah Austin asked Sgt Miller to check on him, deputies can’t ask them to leave, its public property. Council Member Jeff Fullmer-sent an email to Tony Black and thanked crews picking up cans during the windy day, cans were blowing around, it was very appreciated. City Attorney Scott Hall - Thanked Mayor Sean Coletti for his service City Administrator Micah Austin-Follow up on the bills the Landfill bill-$804 billed to Fire District total, we split bill 50/50, Fire station, City Hall and Fire House City Administrator Morgan Stewart-Concrete curing on round-a-bout on Curlew and John Adams. 1st street design and construction amounts $399,961 for design and $152,000 for environmental work. Not sure how much we have spent so far. Council Member Sid Hamberlin-thanks for seeing me through a difficult time. City Administrator Micah Austin- we need to conduct a rate study for water and sewer rates- Is the Council okay with us putting out an RFP to hire someone to look into rates? It is better received from the community if we have a 3rd party do it, instead of internally. Yes the council is good with it. ADJOURN at 7:39 pm ______________________________ Sean Colletti, Mayor ______________________________ Joanna Dahm, City Clerk Ammon City Council Regular Meeting 12.18.2025 Page 3 of 3 Ammon City Council January 08, 2026 Page 4 of 10 Ammon City Council January 8, 2026 Mayor Powell and City Councilmembers: Contract for Service with Ammon Arts Community Theater for FY 2026 Staff Presenting: Micah Austin, City Administrator Recommendation - Consideration of the request. Summary of Analysis 1. The Ammon Arts Community Theater, Inc, is requesting $2,000 from the City of Ammon for production of a live theater event that would occur during FY 2026. This is the same amount they requested last year. 2. Ammon Arts Community Theater plans to produce two (2) community theater productions between February 6 and September 31, 2026 with one (1) performance occurring after October 1. The productions shall be open to all residents of Ammon. 3. The funds will be used for costumes, props, materials to build our sets, music, scripts, and the rights to be able to do the show. Financial Impact - Contracts for Service are paid from GL#10-408-600. This line item has adequate funding remaining in the budget to pay for this expense. Motion “I move to approve the contract for service with Ammon Arts Community Theater in the amount of $2,000.” Attachments: 1. Contract for Service - AACT FY26 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council January 08, 2026 Page 5 of 10 CONTRACT FOR SERVICES (City of Ammon and Ammon Arts Community Theater, Inc.) THIS CONTRACT FOR SERVICES (“Agreement”) is made and entered into this 8 day of January, 2026, by and between the CITY OF AMMON, an Idaho municipal corporation (hereinafter referred to as “Ammon”) and Ammon Arts, Inc. dba Ammon Arts Community Theater, an Idaho non-profit corporation (hereinafter referred to as “AACT”). RECITALS A. Ammon has the authority to enter into contracts and to take such steps as are reasonably necessary to maintain the health, safety and welfare of the City and promote cultural and recreation opportunities for Ammon citizens; B. AACT is experienced in providing specialized services to Ammon residents that the City of Ammon does not provide; C. It is in the best interest of the public health, safety, welfare, and prosperity of the City to continue the services that AACT provides to Ammon citizens and these activities, and any costs associated therein, are determined to be ordinary and necessary expenses for the economic well-being of Ammon and its residents and guests; D. Ammon desires to contract with AACT to provide health and welfare services that will improve the lives of individuals living within Ammon city limits; E. The parties acknowledge and agree that all funds paid to AACT under this Agreement shall be used to provide services for Ammon for the purpose of improving the public health, safety and welfare of Ammon residents; and F. Subject to the terms and conditions of this Agreement, the parties wish to enter into this agreement to provide the services described herein. AGREEMENT NOW THEREFORE, Ammon and AACT, for and in consideration of the preceding recitals, mutual promises and covenants hereinafter set forth, do hereby agree as follows: 1. Consideration. In consideration for providing the services provided herein, Ammon agrees to pay AACT $2,000 to complete the Scope of Services. Subject to the terms and conditions set forth herein, Ammon shall make payments one lump sum payment on or before September 30, 2026. 2. Term. Unless terminated pursuant to Section 7(B) of this Agreement and notwithstanding the date of execution hereof, this Agreement shall be in effect until September 30, 2026. -1- Ammon City Council January 08, 2026 Page 6 of 10 3. Scope of Services. AACT shall provide the following services: a. Production of Community Theater i. Ammon Arts Community Theater, Inc. shall produce two (2) community theater productions between February 6 and September 31, 2026 with one (1) performance occurring after October 1. The productions shall be open to all residents of Ammon. 4. Budget, IRS Filings, Annual Work Plan, Monthly Record Keeping and Availability of Records. a. Budget. Upon request from the City of Ammon, AACT shall submit a Year-to-Date P&L and Balance Sheet for AACT, which is satisfactory to Ammon showing income, expenses and particular fund balances. AACT shall submit its current Operating Budget to Ammon when such budget has been approved by the AACT Board. This operating budget shall contain sufficient information and detail to permit meaningful review by the public. b. IRS Filings. Upon request from the City of Ammon and after execution of this Agreement, AACT shall submit to Ammon IRS Form 990 and all associated documents for the previous two (2) years of operation. c. Financial Accounting and Reporting Requirements. Upon request from the City of Ammon, AACT shall submit to Ammon a year-end financial statement which shall be prepared in a format that details the expenditure of Ammon funds paid to AACT under the terms of this Agreement. The City may request additional financial information it deems necessary or appropriate to assist the City in verifying the accuracy of AACT’s financial records. Any duly authorized agents of the City shall be entitled to inspect and audit all books and records of AACT only for compliance with the terms of this Agreement. In the event the financial report indicates that funds were used for purposes not permitted by this Agreement, AACT shall remit the disallowed amount to Ammon within thirty (30) days of notification by Ammon of such improper expenditures. d. General Requests. Upon request, and within a reasonable time period, AACT shall submit any other information or reports relating to its activities under this Agreement to Ammon in such form and at such time as Ammon may reasonably require. e. Retention of Records. AACT agrees to retain all financial records, supporting documents, statistical reports, client or membership records and contracts, property records, minutes, correspondence, and all other accounting records or written materials pertaining to this Agreement for three (3) years following the expiration or termination of this Agreement. Ammon, at its own expense, may -2- Ammon City Council January 08, 2026 Page 7 of 10 review or audit the financial transactions undertaken by AACT under this Agreement to ensure compliance with the terms and conditions herein with reasonable prior notice and during the normal business hours of AACT. 5. Payments. To receive payments for the services described in Section 3 of this Agreement, AACT may be required by the City Council of the City of Ammon to submit quarterly reports of activities. 6. Record of Funds. In order to ensure proper financial accountability, AACT shall maintain accurate records and accounts of all funds received from Ammon, keeping such accounts and records separate and identifiable from all other accounts, and making such accounts and records available to the City during normal business hours, on request of the City. Compliance with this provision does not require a separate bank account for the funds. The funds paid to AACT by Ammon shall be expended solely for operations and activities in conformance with this Agreement. Further, no such funds shall be transferred, spent, loaned or encumbered for other AACT activities or purposes other than for operations and activities in conformance with this Agreement. 7. Miscellaneous Provisions. a. Notices. All notices to be served pursuant to this Agreement or which are served with regard to this Agreement shall be sent by certified mail, return receipt, to the parties at the following addresses: City of Ammon 2135 S. Ammon Rd. Ammon, Idaho 83406 Ammon Arts Inc. dba Ammon Arts Community Theater, Inc. P.O. Box 261 Iona, Idaho 83427 All notices of changes of addresses shall be sent in the same manner. b. Termination. The parties hereto covenant and agree that in the event Ammon, in its sole and absolute discretion, lacks sufficient funds to continue paying for AACT’s services under this Agreement, Ammon may terminate this Agreement without penalty upon thirty (30) days written notice. Upon receipt of such notice neither party shall have any further obligation to the other. In the event of early termination of this Agreement, AACT shall submit to Ammon a report of expenditures authorized by this Agreement as of the effective date of termination. Any Ammon funds not encumbered for authorized expenditures at the date of termination shall be refunded to Ammon within twenty (20) days. c. Independent Contractor. Ammon and AACT hereby agree that the AACT shall -3- Ammon City Council January 08, 2026 Page 8 of 10 perform the Services exclusively as an independent contractor and not as employee or agent of Ammon. The Parties do not intend to create through this Agreement any partnership, corporation, employer/employee relationship, joint venture or other business entity or relationship other than that of independent contractor. AACT, its agents and employees shall not receive nor be entitled to any employment-related benefits from Ammon including without limitation, workers compensation insurance, unemployment insurance, health insurance, retirement benefits or any benefit that Ammon offers to its employees. AACT shall be solely responsible for the payment of all payroll and withholding taxes for amounts paid to AACT under this Agreement and for AACT’s payments for work performed in performance of this Agreement by AACT, its agents and employees; and AACT hereby releases, holds harmless and agrees to indemnify Ammon from and against any and all claims or penalties, including without limitation the 100% penalty, which in any manner relate to or arise from any failure to pay such payroll or withholding taxes. d. Compliance With Laws/Public Records. AACT acknowledges that Ammon is a public agency subject to the Idaho Public Records Act. AACT will communicate with and cooperate with Ammon upon request by Ammon so as to identify, address, potentially disclose, and evaluate exemptions as necessary for records that may be subject to Idaho public records law. e. Non-assignment. This Agreement may not be assigned by or transferred by AACT, in whole or in part, without the prior written consent of Ammon. f. Hold Harmless Agreement. AACT shall indemnify, defend and save and hold harmless Ammon, its officers, agents, and employees, from and against any and all claims, loss, damages, injury or liability, including but not limited to, the misapplication of Ammon funds, state or federal anti-trust violations, personal injury or death, damages to property, liability arising out of the use of materials, concepts, or processes protected by intellectual property rights and liens of workmen and material men, howsoever caused, resulting directly or indirectly from the performance of the Agreement by AACT. g. Entire Contract. This Agreement contains the entire contract between the parties hereto and shall not be modified or changed in any manner, except by prior written contract executed by both parties hereto. h. Succession. This Agreement shall be binding upon all successors in interest of either party hereto. i. No Third Party Beneficiaries. This Agreement shall not create any rights or interest in any third parties. j. Law of Idaho. This Agreement shall be construed in accordance with the laws of -4- Ammon City Council January 08, 2026 Page 9 of 10 the State of Idaho. k. Severability. If any clause, sentence, or paragraph of this Agreement is held by a court of competent jurisdiction to be invalid for any reason, such decision shall not affect the remaining portions, and the parties do now declare their intention that each such clause, sentence, or paragraph of this Agreement is a separate part hereof. l. Preparation of Contract. No presumption shall exist in favor of or against any party to this Agreement as a result of the drafting and preparation of the document. m. No Waiver. No waiver of any breach by either party of the terms of this Agreement shall be deemed a waiver of any subsequent breach of the Agreement. n. Attorney’s Fees. In the event either party hereto is required to retain counsel to enforce a provision of this Agreement, to recover damages resulting from a breach hereof or if either party defaults in the performance of this Agreement, the prevailing party shall be entitled to recover from the other party all reasonable attorney’s fees incurred herein or on appeal. o. Conflict of Interest. No officer or director of AACT who has decision making authority either by them self or by vote, and no immediate family member of such individual, shall have a direct pecuniary interest in any contract or subcontract for work to be performed in connection with this Agreement. AACT shall incorporate or cause to be incorporated in all such contracts, a provision prohibiting such interest pursuant to this provision. IN WITNESS WHEREOF, the parties hereto have caused this Contract for Services to be executed on the day and year first written above. CITY OF AMMON Ammon Arts, Inc. dba Ammon Arts Community Theater, Inc. _______________________ _______________________________________ Brian Powell, Mayor ___________________, Director ATTEST: ______________________________ Joanna Dahm, City Clerk -5- Ammon City Council January 08, 2026 Page 10 of 10