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08.18.2022 Council Packet AMMON CITY COUNCIL MEETING THURSDAY, AUGUST 18, 2022 7:00 P.M. 2135 SOUTH AMMON ROAD LIMITED SEATING WILL BE AVAILABLE IN THE CITY BUILDING THE MEETING WILL ALSO BE AVAILABLE VIA ZOOM: https://us02web.zoom.us/j/2086124000?pwd=d1NFL1QvM0NPRmV3VTRsYmNrbitUZz09 Meeting ID: 208 612 4000 Passcode: 26666 AGENDA A.CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance Council Member Vander Meer Prayer Council Member Wessel B.CONSENT AGENDA: 1.Accounts Payable Report: Exhibit A 2.Minutes: i.August 4, 2022 Regular Meeting C.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD) D.ACTION ITEMS: 1.Ordinance 690 Ammon Lighting Districts Fiscal Year 2023 Annual Appropriations (Jennifer Belfield, Finance Director) E.ACTION ITEMS: 1.Ordinance 691 City of Ammon Fiscal Year 2023 Annual Appropriations (Jennifer Belfield, Finance Director) 2.Findings of Fact Romero Property Rezone (Cindy Donovan, City Planner) 3.Findings of Fact Steadham Property Access (Cindy Donovan, City Planner) 4.Title 11-1 Additional Public Hearing (Cindy Donovan, City Planner) 5.Right of Way Transfer Agreement Properties (Micah Austin, City Administrator) F.DISCUSSION ITEMS: 1.Resolution 2022-007R Fee Resolution (Micah Austin, City Administrator) 2.Parks Contribution Fee 3.Pressurized Irrigation 4.Miscellaneous G.ADJOURN INDIVIDUALS NEEDING ACCOMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO Next Resolution Number: 2022-100R Ammon City Council 08.18.2022Page 1 of 31 LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE Next Ordinance Number: 692 AMMON CITY COUNCIL MEETING THURSDAY, AUGUST 4, 2022 7:00 P.M. 2135 SOUTH AMMON ROAD AGENDA A.CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance Council Member Vander Meer Prayer Council Member Wessel B.CONSENT AGENDA: 1.Accounts Payable Report: Exhibit A 2.Minutes: i.July 21, 2022 Regular Meeting AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD) C.PUBLIC HEARINGS: 1.2022-018LD Lighting District Annual Appropriations 2022-2023 (Fiscal Year 2023) D.PUBLIC HEARINGS: 1.2022-017 City of Ammon Annual Appropriations 2022-2023 (Fiscal Year 2023) E.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) F.ACTION ITEMS: 1.Resolution 2022-008R Initiating the Formation of Fiber LID No. 6 Λ5ğƓ ƩğĭǤͲ ĻĭŷƓƚƌƚŭǤ 5źƩĻĭƷƚƩΜ 2.Resolution 2022-009R Giving Notice of Intention to Create Fiber LID No. 6 Λ5ğƓ ƩğĭǤͲ ĻĭŷƓƚƌƚŭǤ 5źƩĻĭƷƚƩΜ 3.Ordinance 688 Wright Property Annexation Λ/źƓķǤ 5ƚƓƚǝğƓͲ /źƷǤ tƌğƓƓĻƩΜ 4.Appeal Steadham Property Access Λ/źƓķǤ 5ƚƓƚǝğƓͲ /źƷǤ tƌğƓƓĻƩΜ G.DISCUSSION ITEMS: 1.Miscellaneous H.ADJOURN MINUTES City Officials Present: City Officials Absent: Mayor Sean Coletti (via Zoom) City Administrator Micah Austin Council President Russell Slack City Planner Cindy Donovan Councilmember Scott Wessel Technology Director Dan Tracy Councilmember Craig Tibbitts Finance Director Jennifer Belfield Councilmember George Vander Meer City Clerk Kristina Buchan Councilmember Josh Wheeler Councilmember Rex Thompson City Attorney Scott Hall A.CALL TO ORDER: Council President Russell Slack called the meeting to order at 7:00pm at the Ammon City Hall located at 2135 South Ammon Road. Council Member Tibbitts led the Pledge of Allegiance and Council Member Wessel offered a prayer. Ammon City Council Regular Meeting 08.04.2022 Page 1 of 5 Ammon City Council 08.18.2022Page 2 of 31 B.CONSENT AGENDA: 1.Accounts Payable Report: Exhibit A 2.Minutes: i.July 21, 2022 Regular Meeting It was moved by Council Member Wheeler and seconded by Council Member Wessel to approve the Consent Agenda. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ It was moved by Council Member Tibbitts and seconded by Council Member Wessel to enter into action as the Ammon Lighting District Board. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD) C.PUBLIC HEARINGS: 1.2022-018LD Lighting District Annual Appropriations 2022-2023 (Fiscal Year 2023) Council President Slack opened the public hearing and explained the methods of testifying. There was no one present to testify and the hearing was closed. It was moved by Council Member Tibbitts and seconded by Council Member Thompson to exit action as the Ammon Lighting District Board and return to regular business. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ D.PUBLIC HEARINGS: 1.2022-017 City of Ammon Annual Appropriations 2022-2023 (Fiscal Year 2023) Council President Slack opened the public hearing and explained the methods of testifying. There was no one present to testify and the hearing was closed. E.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) Tom Hunsaker, 2925 Carolyn, informed Council that there is a bus parking in bicycle lane on Judy. Mr. Hunsaker asked that the bus be tagged or notified that it is parking inappropriately and should be moved. Staff was directed to investigate the situation. F.ACTION ITEMS: 1.Resolution 2022-008R Initiating the Formation of Fiber LID No. 6 Λ5ğƓ ƩğĭǤͲ ĻĭŷƓƚƌƚŭǤ 5źƩĻĭƷƚƩ Technology Director, Dan Tracy, presented noting that these two resolutions would officially kick off LID #6 and after publication, a public hearing would be held in front of Council. Recommendation -Staff recommends approval of Resolution 2022-008R and 2022-009R. Summary of Analysis 1.The formation of Local Improvement Districts requires specific public processes as outlined by law. 2.The adoption of Resolution 2022-008R publicly initiates the formation process. Ammon City Council Regular Meeting 08.04.2022 Page 2 of 5 Ammon City Council 08.18.2022Page 3 of 31 3.d costs. 4.The adoption of Resolution 2022-009R authorizes the public notification process for property 5.Approval and adoption of these two resolutions simply starts the process, it does NOT create the LID. 6.Declarin hearing for the council to take public input on this matter during the regular meeting on September st 1, 2022. 7.Only after receiving public input can the council vote on whether or not to create the LID. (Which would likely be scheduled at the next regular meeting following the 09/01/2022 meeting.) Financial Impact There will be some limited costs to the Fiber department to cover the cost of mailing out the public notices. It was moved by Council Member Wheeler and seconded by Council Member Thompson to approve Resolution 2022-008 to initiate the formation of LID #6. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ 2.Resolution 2022-009R Giving Notice of Intention to Create Fiber LID No. 6 Λ5ğƓ ƩğĭǤͲ ĻĭŷƓƚƌƚŭǤ 5źƩĻĭƷƚƩΜ It was moved by Council Member Wessel and seconded by Council Member Tibbitts to approve Resolution 2022- 009 Giving Notice of Intention to Create LID 6. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ 3.Ordinance 688 Wright Property Annexation Λ/źƓķǤ 5ƚƓƚǝğƓͲ /źƷǤ tƌğƓƓĻƩΜ City Planner Cindy Donovan noted that an Annexation Agreement had been signed and this Ordinance served as the final step in the annexation process. Summary of Analysis 1. Planning and Zoning held public hearing #2022-014 on June 1, 2022 and recommended approval 2. City Council reviewed the application on June 16, 2022 and approved with the initial zone of RP 3. City Council approved the Findings of Fact and Conclusions of Law on July 7, 2022 4. City Council approved the Annexation Agreement on July 7, 2022 5. Annexation Agreement was signed and recorded on August 2, 2022 6. Ordinance #688 is the final step in the annexation process Parcel Characteristics - General Location: North of Sunnyside Road, east of South 60th East (Scenic Drive), south of East 21st South, west of Foothill Road - Acres: 4.072 acres - Current Zoning: Bonneville County G-1 Grazing Zone - Requested Zoning: RP Ammon City Council Regular Meeting 08.04.2022 Page 3 of 5 Ammon City Council 08.18.2022Page 4 of 31 It was moved by Council Member Wheeler and seconded by Council Member Wessel to dispense with the rule requiring three separate readings and that the three readings be waived. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ It was moved by Council Member Wheeler and seconded by Council Member Wessel to adopt Ordinance 688 on its third and final reading. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ 4.Appeal Steadham Property Access Λ/źƓķǤ 5ƚƓƚǝğƓͲ /źƷǤ tƌğƓƓĻƩΜ Donovan reviewed the location of the home and site plan that had been approved. Donovan noted that during construction, it was found that a second driveway had been added to the property at the request of the property owner without City approval. Donovan has had communication with the homeowner informing him of the limitations of accesses to residential properties. The homeowner was not present at the meeting but had submitted a letter explaining his request to Council. Council discussed the location and the limitations to access as well as BMPO standards. Staff also noted the danger to drivers in the area with a secondary access being so close to the intersection. Compliance - The request is not in compliance with Policy #50-001 BMPO Access Management Plan Adoption of Policies and Procedures. - The request is not in compliance with Title 10, Chapter 29, Section 13 (B) 4a Summary of Analysis driveway for each tract of property separately owned. Properties contiguous to each other and owned by item 3 2. 10-29-thirty (30) foot maximum width at the street, in accordance with the BMPO Access Management Plan, July 2012 and City Policy #50- 3. Site Plan was approved with a single access to Currant Creek Lane in April, 2021 4. Site Plan showing two access points was never submitted to the City for approval 5. City staff discovered the additional access and contacted the Contractor regarding the additional access that was a property owner alteration 6. Property received a Certificate of Occupancy on February 2, 2022 Parcel Characteristics - Property is located at 5779 Currant Creek on the northeast corner of Currant Creek Lane and Hazelwood Way - Located in Silver Springs Division 1 - Property is zoned R-1 - To allow construction of a second access on Hazelwood Way - Presented by Chris Steadham, homeowner It was moved by Council Member Wessel and seconded by Council Member Vander Meer to deny the appeal based on BMPO and City standards. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ Ammon City Council Regular Meeting 08.04.2022 Page 4 of 5 Ammon City Council 08.18.2022Page 5 of 31 G.DISCUSSION ITEMS: th 1.Council was reminded of Ammon Days on Saturday August 6. 2.City Administrator Austin updated Council on the increase to fees for dispatch charges being added by the City of Idaho Falls dispatch services. City Officials had been services. 3.Council Member Tibbitts updated Council on the EIRWWA/EIRSD meeting that had taken place that day. He noted that no decisions related to the curtailment had been made but that the Sewer District had officially been formed and future meetings would be held to further discuss sewer access and property growth. H.ADJOURN The meeting adjourned at 7:55pm ______________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council Regular Meeting 08.04.2022 Page 5 of 5 Ammon City Council 08.18.2022Page 6 of 31 Ammon City Council August 16, 2021 Mayor Coletti and City Councilmembers: Ordinance # 690 Ammon Lighting Districts FY 2023 Annual Appropriations Ordinance # 691 City of Ammon FY 2023 Annual Appropriations Staff Presenting: Jennifer Belfield, Finance Director Recommendation -Staff respectfully recommends that the Ammon City Council adopt fiscal year 2023 Annual Appropriations Ordinances 690 and 691 and waive the three readings. Summary of Analysis 1.All 10 of the Lighting Districts are similar to last year. Next year there will be some additional subdivisions and poles installed, so next year there will be updates. 2.June 9 Council Work Session meeting was the preliminary budget presentations by the department heads, and we all discussed the details of the Ammon budget. 3.July 14 Work Session the budgets were presented for general approval, and authorization to publish the budget. 4.August 4 was the public hearing on the budgets. There were no items contended. 5.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. 6.The City Council to please adopt Ordinances 690 and 691, entitled the Annual Appropriation Ordinance for the fiscal year beginning October 1, 2022, appropriating to the various funds sums 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 2022-23 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. There are more projects this year due to grants. Motion I move to approve Ordinance 690 to accept the fiscal year 2023 Annual Appropriations Ordinance for the Ammon Lighting Districts 1 through 10 and waive the three readings. I move to approve Ordinance 691 to accept the fiscal year 2023 Annual Appropriations Ordinance for the City of Ammon and waive the three readings. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.ci.ammon.id.us Page | 1 Ammon City Council 08.18.2022Page 7 of 31 Attachments: 1.Ordinance # 690 Ammon Lighting District FY 2023 Annual Appropriations 2.Ordinance # 691 City of Ammon FY 2023 Annual Appropriations 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.ci.ammon.id.us Page | 2 Ammon City Council 08.18.2022Page 8 of 31 AMMON LIGHTING DISTRICTS No. 1 THROUGH No. 10 CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE 690 ANNUAL APPROPRIATION BILL OF 2022-2023 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 APPROPRIATING THE SUM OF $25,106 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE AMMON LIGHTING DISTRICTS No. 1 THROUGH No. 10, AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING AN ASSESSMENT UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE AMMON LIGHTING DISTRICTS No. 1 THROUGH No. 10, AMMON, IDAHO, BONNEVILLE COUNTY, IDAHO: Section 1:That the sum of $2,900 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 1, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. Section 2:That the sum of $3,291 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 2, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. Section 3:That the sum of $1,792 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 3, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. Section 4:That the sum of $1,515 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 4, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. Section 5:That the sum of$1,899 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 5, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. Section 6:That the sum of $2,194 be, andthe same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 6, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. Section 7:That the sum of $2,589 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 7, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. Section 8:That the sum of $3,454 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 8, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. Section 9:That the sum of $3,712 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 9, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. Section 10:That the sum of $1,760 be, and the same is appropriated to defray the necessary expenses and liabilities of the Ammon Lighting District No. 10, Ammon, Idaho, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. ORDINANCE 690 LD1 ~ LD10 2022-2023 AMMON LIGHTING DISTRICTS ANNUAL APPROPRIATION Page 1of 2 Ammon City Council 08.18.2022Page 9 of 31 Section 11:The objects and purposes for which such appropriation is made, and the amount of each object and purpose is as follows: ESTIMATED EXPENDITUTES: LIGHTING DISTRICT FUND Lighting District No. 1$ 2,900 Lighting District No. 2$ 3,291 Lighting District No. 3$ 1,792 Lighting District No. 4 $ 1,515 Lighting District No. 5$1,899 LightingDistrict No. 6$ 2,194 Lighting District No. 7$ 2,589 Lighting District No. 8$3,454 Lighting District No. 9 $ 3,712 Lighting District No. 10 $1,760 ____________________________________________________ TOTAL EXPENDITURES$25,106 Section 12:That a general tax levy on all taxable property within the Ammon Lighting Districts No. 1 through No. 10, City of Ammon be levied in an amount allowed by law for the general purposes for said Lighting Districts, for the fiscal year beginning October 1, 2022. Section 13:This ordinance is hereby declared to be severable. Should any portion of thisordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 14:This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Post Register, a newspaper of general circulation in the area of the Lighting Districts, and the official newspaper of the City of Ammon. PASSESunder suspension of rules upon which a roll call vote was taken and duly enacted an Ordinance of the Ammon Lighting Districts No. 1 through No. 10, City of Ammon, Bonneville County, Idaho at a convened meeting of the Lighting Districts Board held on the 18th day of August, 2022. _________________________________ Sean Coletti, Chairman Ammon Lighting Districts No. 1 through No. 10 ATTEST: ____________________________________ Kristina Buchan, District Clerk Ammon Lighting Districts No. 1 through No. 10 ORDINANCE 690 LD1 ~ LD10 2022-2023 AMMON LIGHTING DISTRICTS ANNUAL APPROPRIATION Page 2of 2 Ammon City Council 08.18.2022Page 10 of 31 CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE #691 !..5!, !002/02)!4)/. "),, /& ΑΏΑΑ-2023 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 APPROPRIATING THE SUM OF $26,215,592 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF AMMON, BONNEVILLE COUNTY, IDAHO: Section 1:That the sum of $26,215,592 be, and the same is appropriated to defray the necessary expenses and liabilities of the City of Ammon, Bonneville County, Idaho for the fiscal year beginning October 1, 2022. Section 2:The objects and purposes for which such appropriationis made, and the amount of each object and purpose is as follows: ESTIMATED EXPENDITURES: GENERAL FUND Legislative $183,574 Executive2,418,331 Finance2,308,901 Clerk145,803 Planning & Zoning195,085 Engineering148,556 Fire n/a Law Enforcement2,069,641 TOTAL GENERAL FUND$$7,469,891 Building$671,984 Parks & Recreation1,414,609 Sanitation1,490,330 Wastewater5,293,740 Street3,026,528 Water2,944,135 Pressurized Irrigation10,000 Technology602,971 Fiber Optics3,291,404 TOTAL EXPENDITURES$$26,215,592 Section 3:That a general tax levy on all taxable property within the City of Ammon be levied in an amount allowed by law for the general purposes for said City, for the fiscal year beginning October 1, 2022. Section 4:This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a courtof competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. ORDINANCE #691 2022-2023 ANNUAL APPROPRIATIONPage 1of 2 Ammon City Council 08.18.2022Page 11 of 31 Section 5:This ordinance shall take effect and be infull force upon its passage, approval and publication in one issue of the Post Register, a newspaper of general circulation in the City of Ammon, and the official newspaper of said City. PASSESunder suspension of rules upon which a roll call vote was taken and duly enacted an Ordinance of the City of Ammon, Bonneville County, Idaho at a convened meeting of the City of Ammon City Council held on the 18th day of August, 2022. ______________________________ Sean Coletti, Mayor City of Ammon ATTEST: ____________________________________ Kristina Buchan, City Clerk City of Ammon ORDINANCE #691 2022-2023 ANNUAL APPROPRIATIONPage 2of 2 Ammon City Council 08.18.2022Page 12 of 31 ) IN RE: ) AMMON CITY COUNCIL ) JUAN ROMERO ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION PROPERTY REZONE ) ) AUGUST 18, 2022 ) APPLICANT: JUAN ROMERO OWNER: JUAN ROMERO PROJECT: ROMERO PROPERTY REZONE APPLICANT REQUEST: REZONE PROPERTY FROM R3-A TO R-1 LOCATION: 3210 SOUTH AMMON ROAD, AMMON, ID 83406 EXISTING ZONING: R3-A SURROUND ZONING: R3-A, R-1, SURROUNDING USE: SINGLE FAMILY DETACHED HOMES, SMALL APARTMENT BUILDING, COMMERCIAL PROPERTY PARCEL SIZE: 0.41 ACRES SECTION 1: BACKGROUND FACTS Summary of Application -Parcel is currently built out as a residential single family detached home R-1 -Request to rezone the property to allow for placement of an accessory dwelling unit Noticing -Planning and Zoning Commission -On June 17, 2022 notice of the Planning and Zoning Commission public hearing on the forgoing application was published in the Post Register newspaper in Bonneville County. -On June 17, 2022 notice of the Planning and Zoning Commission public hearing was mailed to adjoining property owners within 300 feet and 20 public entities. Planning and Zoning Commission Findings -Public Hearing #2022-016 was held before the Commission on Wednesday, July 6, 2022 -Findings: -Adjacent to R-1 -Reflects what is already there -Establishes a record of actual zone that is there SECTION 2: FINDINGS OF FACT Based upon the application, the findings of the Planning and Zoning Commission, the record and testimony presented, and the following additional findings of the City Council: There were no additional findings The Ammon City Council therefore finds as follows: 1.The City Council finds the request from Juan Romero for the project known as the Romero Property Rezone to be in general compliance with the 2018 Comprehensive Plan. Table 1 (below) summarizes these findings. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 08.18.2022Page 13 of 31 2.The City Council finds the request from Juan Romero for the project known as the Romero Property Rezone to be in compliance with the zoning ordinance and protects and improves the public health, safety and welfare. These findings are summarized in Table 2 (below). 3.If applicable: The City Council finds the request from Juan Romero for the project known as the Romero Property Rezone to be in compliance with the Subdivision Ordinance. 4.The City Council finds the request from Juan Romero for the project known as the Romero Property Rezone will not have a negative fiscal impact upon the existing citizens of the City of Ammon. TABLE 1 Summary of General Compliance with the 2018 Comprehensive Plan The application complies with the following applicable sections of the Comprehensive Plan: -Comprehensive Plan, Chapter 10, Page 23, Item 9: Encourage infill development is compact, economic and efficient -Comprehensive Plan, Chapter 10, Page 23, Item 10: Establish land use patterns which build on existing water and sewer facilities General Compliance ȃ Comprehensive Plan, Chapter 10, Page 27, Low Density Residential Item 3: Low-density residential may consist of single-family detached homes on larger sized lots with wider side yard setbacks. Low density may also consist of single- family detached homes on smaller lots as well as single-family attached twin- homes. Other creative solutions may exist in low-density developments, provided the maximum density is not exceeded. TABLE 2 Summary of General Compliance with Title 10, Planning and Zoning The application complies with the following applicable sections of Title 10: -Title 10 Chapter 4 Amendments, Section 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. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. General Compliance -Title 10, Chapter 4 Amendments, Section 2: APPLICATION FOR AMENDMENT: Persons seeking an amendment of the zoning ordinance or map shall submit an application to the Administrator designating the change desired, the reasons therefor and wherein the proposed amendment would further promote the objectives and purposes of the zoning ordinance, together with such fee as may be established by the City Council. Upon the receipt of the application, the Planning Commission shall consider the request. The Planning Commission shall call a public hearing upon such matters as are required to be heard by the Planning Commission under law and may call a public hearing on other matters, in the commission's discretion before submitting its recommendations to the City Council. The Planning Commission may also recommend amendments to the ordinance and map to the City Council on its own initiative. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 08.18.2022Page 14 of 31 -Title 10, Chapter 4, Amendments, Section 3: AMENDMENTS BASED ON PRACTICAL APPLICATION OF THE COMPREHENSIVE PLAN: Before recommending an amendment to the ordinance, it must be shown that such amendment is founded upon sound reason and practical application of the Comprehensive Plan adopted by the City Council SECTION 3: CONCLUSION OF LAW 1.The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2.Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; 3.If applicable, under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures ordinance, Title 11. 4. Code. 5.The City of Ammon has provided adequate notice for the review of this application. 6.The project meets the standards of approval under Title 10, Chapter 4 Amendments, Title 10 Chapter 14 R-1 Residence Zone, Title 10 Chapter 37, Section 2 (A) Residential Zone and the standards of approval under the Local Land Use Planning Act of Idaho Code, Title 67, Chapter 65 SECTION 4: DECISION THEREFORE, the Ammon City Council approves the Romero Property Rezone subject to the following conditions: 1.Must follow the regulations in City Ordinance regarding the placement of an accessory dwelling unit. SECTION 5: NOTICE TO APPLICANT OF RIGHTS The City of Ammon hereby provides the following notice to all applicants: All applicants have a right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. Any applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after the date of this written decision and after all remedies have been exhausted under local ordinance, seek judicial review under the procedures provided by chapter 52, title 67, Idaho Code. THEREFORE, the Ammon City Council approves the Romero Property Rezone subject to conditions, if any, in Section 4 of this approval and all city, county, state, and federal laws. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 18th day of August, 2022. ________________________________ Mayor Sean Coletti _______________________________ Attest: Kristina Buchan, City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 08.18.2022Page 15 of 31 ) IN RE: ) AMMON CITY COUNCIL ) CHRIS STEADHAM ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION APPEAL FOR TWO ACCESSES ) FROM DWELLING ) AUGUST 18, 2022 ) APPLICANT: CHRIS STEADHAM OWNER: CHRIS STEADHAM PROJECT: APPLICANT REQUEST: Request to allow two (2) accesses to public street from single family dwelling LOCATION: 5799 CURRANT CREEK LANE EXISTING ZONING: R-1 SURROUND ZONING: R-1 SURROUNDING USE: SINGLE FAMILY DETACHED DWELLINGS PARCEL SIZE: .42 ACRES SECTION 1: BACKGROUND FACTS Summary of Application - -Request to allow access to Hazelwood Way, in addition to existing access to Currant Creek Lane Noticing -City Council -No noticing was required for this appeal SECTION 2: FINDINGS OF FACT Based upon the application, the findings of the Planning and Zoning Commission, the record and testimony presented, and the following additional findings of the City Council: Request is not in compliance with the BMPO Access Management Plan, page 26, section 4.7, item 3, dated July 2012 Request is not in compliance with City of Ammon Policy #50-001 Request is not in compliance with Title 10, Chapter 29, Section 13 (B) 4a The Ammon City Council therefore finds as follows: 1.The City Council finds the request from Chris Steadham for the project known as the Steadham appeal is not in compliance with the BMPO Access Management Plan dated July 2012, City Policy #50-001 and zoning ordinance. These findings are summarized in Table 1 (below). 2.If applicable: The City Council finds the request from Chris Steadham for the project known as the Steadham appeal is not in compliance with the Subdivision Ordinance. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 08.18.2022Page 16 of 31 TABLE 1 Summary of Non-Compliance with City Policy #50-001 and Title 10, Planning and Zoning The application is not in compliance with the following applicable sections of City Policy and Title 10: -BMPO Access Management Plan, page 26, section 4.7, item 3: otherwise approved by governmental agency's representative, access should be limited to one driveway for each tract of property separately owned. Properties contiguous to each other and owned by the same person are -Policy #50-001 BMPO Access Management Plan Adoption of Policies and Procedures GENERAL DESCRIPTION: This policy shall adopt the Bonneville Metropolitan Planning Organization (BMPO) Access Management Plan, July 2012, as the Non-Compliance guide for access management within the City of Ammon. The goal of the Access Management Plan is to provide consistent and effective access management policies within the metropolitan area and outlines the concepts of access management and sets forth basic policy, planning, design guidelines, and implementation. It shall be the policy of the City of Ammon to follow the plan and its guidelines whenever possible when new development or in cases that would require changes to existing accesses within the City. This policy has been adopted by resolution of the City Council. Resolution #2012-017 -10-29-1) access with a thirty (30) foot maximum width at the street, in accordance with the BMPO Access Management Plan, July 2012 and City Policy #50- SECTION 3: CONCLUSION OF LAW 1.The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2.Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; 3. Code. 4.The project does not meet the standards of approval under the BMPO Access Management Plan dated July 2012, City Policy #50-001, and Title 10, Chapter 29, Section 13 (B) 4a. SECTION 4: DECISION THEREFORE, the Ammon City Council denies the Steadham appeal. SECTION 5: NOTICE TO APPLICANT OF RIGHTS The City of Ammon hereby provides the following notice to all applicants: All applicants have a right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. Any applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after the date of this 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 08.18.2022Page 17 of 31 written decision and after all remedies have been exhausted under local ordinance, seek judicial review under the procedures provided by chapter 52, title 67, Idaho Code. THEREFORE, the Ammon City Council denies the Steadham appeal. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 18th day of August, 2022. ________________________________ Mayor Sean Coletti _______________________________ Attest: Kristina Buchan, City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 08.18.2022Page 18 of 31 Ammon City Council Meeting August 18, 2022 Mayor Coletti and Ammon City Council Members: Request for confirmation of additional public hearings to be held before the City Council regarding an amendment to the Comprehensive Plan Land Use Map and the annexation of 624.81 acres Staff Presenting: Cindy Donovan Planning Director Summary of Analysis Initial Public Hearing date of September 1, 2021 was postponed because all of the required studies were not completed. This hearing was properly noticed and the property was posted. Property owners within three hundred (300) feet and twenty (20) public entities received notice in the mail. Seventeen (17) letters in opposition were received. Public Hearing for November 18, 2021 was continued because the Planning and Zoning Commission requested additional information. This hearing was properly noticed and the property was posted. Property owners within three hundred (300) feet and twenty (20) public entities received notice in the mail. One (1) letter in favor, two (2) letters with general comments, eight (8) letters opposed, and one (1) petition Public hearing was continued on December 1, 2021, January 5, 2022, March 2, 2022 until May 4, 2022, May 4, 2022. Public Hearing for June 1, 2022 This hearing was properly noticed and the property was posted. Property owners within three hundred (300) feet and twenty (20) public entities received notice in the mail. Two hundred (200) letters were received in opposition prior to 5:00 p.m. Thursday, May 26, 2022. Additional letters were to be presented during the public hearing. After staff and developer presentations it was brought to our attention that the zoom link had reached capacity and the Council Chambers were at capacity. After discussion, the Planning and Zoning Commission continued the public hearing until this issue could be resolved. The zoom account has been updated to allow for five hundred (500) participants. Public hearing was continued on July 6, 2022 Public hearing for August 8, 2022 was held at the Hillcrest High School Auditorium with no zoom link available. This hearing was properly noticed and the property was posted. Property owners within three hundred (300) feet and twenty (20) public entities received notice in the mail. Two (2) letters were received in opposition. All letters in opposition from the June 1, 2022 meeting, including those that were received after the deadline were included in the Planning and Zoning Commission packet. The Planning and Zoning Commission has recommended an additional public hearing for the Comprehensive Plan Land Use Map and the annexation of 624.81 acres be held before the City Council. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 08.18.2022Page 19 of 31 Planning and Zoning Commission Criteria for Decision: Section 11-1-10 1.er the proposed annexation will be harmonious and in accordance with specific goals and policies of applicable components of the Ammon Comprehensive Plan; and 2. 3.to Items 1 and 2, then the Commission is required to make a recommendation to City Council regarding the annexation. This recommendation must include a zoning recommendation. Parcel Characteristics Located north of East 21st South, east of South 52nd East, south of 1st Street, west of Foothill Road. Acreage: 624.81 acres requested to annex, 658.85 acres total development Annexation of 624.81 acres with initial residential zonings of R-2, R2-A, RS, R-1, R1-A, RP-A RP, RE, and the initial commercial zonings of MU, PB, LC/PB, and C-1 Motion Additional Public Hearing before the City Council I move to approve an additional public hearing to be held before the City Council regarding the Comprehensive Plan Land Use Map and the annexation of 624.81 acres. No additional Public Hearing before the City Council I move no addition public hearing be held before the City Council regarding the Comprehensive Plan Land Use Map and the annexation of 624.81 acres. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 08.18.2022Page 20 of 31 Ammon City Council August 16, 2022 Mayor Coletti and City Councilmembers: Approval of Right of Way Transfer Agreement Staff Presenting: Micah Austin, City Administrator Scott Hall, City Attorney Recommendation -Approval of the Right of Way Transfer Agreement, as presented. Summary of Analysis 1.The City of Ammon is planning on constructing, or causing construction of, John Adams Parkway from Hitt Rd (25th E) to Tie Breaker subdivision. 2.The City must acquire right-of-way in order to construct John Adams Parkway as planned. 3.The Louise Clement Hitt Road Limited Partnership owns property where the extension of John Adams Parkway is planned. 4.The Right of Way Transfer Agreement provides for the transfer of real property from the Louise Clement Hitt Road Partnership to the City of Ammon as needed for the extension of John Adams Parkway, with stipulations. 5.In exchange for the right-of- I of the agreement (see attached). Financial Impact -As presented, there is no financial impact nor obligation to the City of Ammon. Motion Attachments: 1.Right of Way Transfer Agreement. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 08.18.2022Page 21 of 31 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Parsons Behle & Latimer 350 Memorial Drive, Suite 300 Idaho Falls, Idaho 83402 Attention: Scott P. Eskelson RIGHTOFWAYTRANSFERAGREEMENT ThisRIGHT OF WAY TRANSFERAgreement Effective Date City Louise Clement Hitt Road Limited PartnershiClement Hitt Road LPRay RyanMyrlann Clement RECITALS A.The City, acting pursuant to its authority under the Local Land Use Planning Act, Idaho Code § 67-6511A, as amended, and the City of Ammon Municipal Code Title 10 Chapter 40, as amended, and in furtherance of its land use policies, goals, objectives, ordinances, and other applicable regulations of the City, in the exercise of its legislative discretion, has elected to approve and enter into this Agreement. B.Clement, together as tenants in common, own a certain tract of real property located within the City boundaries, which is more particularly described in Exhibit A Property in the Property. Ray owns an undivided 13.27% interest in the Property. Ryan owns an undivided 35.92% interest in the Property. Myrlann owns an undivided 0.81% interest in the Property. st C.Street District Plan Property to the Ci a road and other improvements on the Property. 4853-9631-1333.v2 Ammon City Council 08.18.2022Page 22 of 31 AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants, and provisions set forth herein, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1 1.1 the City the Property via quitclaim deed in a form mutually acceptable to the Parties. The Property is to be conveyed free and clear of any lien or encumbrance, other than accruing property taxes for the year of conveyance (but not prior years). 1.2 Property to the City, the City shall perform the following on the Property (collectively the 1.2.1 The engineering, design, installation, and initial construction (but not reconstruction), of streets, including but not limited to the extension/connection of John Adams Parkway, and related curb, gutter and appropriate sidewalks; 1.2.2 The initial cost of engineering, design, installation and construction of storm water management infrastructure (but not reconstruction) to support compliance with federal, state, and local regulations for storm water discharge; 1.2.3 The City will use its best efforts to coordinate with and encourage utility providers (for such items as electricity, gas, telephone service or other utilities) to install their normal services within the street or other appropriate easement areas when the street, curb and gutter installation commences. However, the City is not obligated for the installation of such utility lines or services. 1.3 Timing of Development good faith and with reasonablediligence. However, the City must obtain grants for the Renewal Process in order to complete the City Obligations. Provided however, that in the event Clement, (including any successor to Clement) desires to develop the Property prior to the installation of the City Obligations, then Clement shall perform the same as with normal development and Clement shall thereafter be entitled to reimbursement for such costs from the governing Urban Renewal District or the City obtains funds from grants or which covers the Property to allow for such reimbursement. Nothing shall obligate theCity or the URD to provide reimbursement unless and until funds for such improvements are raised or obtained as part of the ongoing activities of the URD. 2RIGHT OF WAY TRANSFER AGREEMENT Ammon City Council 08.18.2022Page 23 of 31 ARTICLE 2 2.1 No Agency, Joint Venture or Partnership. This Agreement does not create any form of agency relationship, joint venture, or partnership expressed or implied between the Parties. 2.2 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect, unless amended or modified by mutual consent of the Parties. 2.3 Other Necessary Acts. Each Party shall execute and deliver to the other any further instruments and documents as may be reasonably necessary to carry out the objectives and intent of this Agreement. 2.4 Construction/Interpretation. The Parties acknowledge that each has had the opportunity to have this Agreement reviewed and revised by legal counsel, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement. 2.5 Waiver. No action taken by any Party shall be deemed to constitute a waiver of compliance by such Party with respect to any representation, warranty, or condition contained in this Agreement. Any waiver by any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver by such Party of any subsequent breach, except as outlined in Article 4.1 above. 2.6 Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Idaho. 2.7 Force Majeure. No liability or breach of this Agreement shall result from delay in performance or nonperformance caused, directly or indirectly, by circumstances Force Majeureluding, but not limited to, fire, extreme weather, terrorism, explosion, flood, war, power interruptions, the act of other governmental bodies, accident, labor trouble or the shortage or inability to obtain material, service, personnel, equipment or transportation, failure of performance by a common carrier, failure of performance by a public utility, or vandalism. 2.8 Notices. Any notice or communication required hereunder between the Parties must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated belowas the Party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, 3RIGHT OF WAY TRANSFER AGREEMENT Ammon City Council 08.18.2022Page 24 of 31 properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice shall bedeemed to have been given when delivered to the Party to whom it is addressed. Any Party may at any time, by giving ten (10) days written notice to the other Party, designate any other address to which notices or communications shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below: If to the City: City of Ammon, Idaho Attn: Micah Austin, City Administrator 2135 South Ammon Rd Ammon, Idaho 83406 If to Clement:With a Copy to: Ryan Clement Parsons Behle & Latimer 371 N. Ridge Ave. 350 Memorial Drive, Suite 300 Idaho Falls, Idaho 83402Idaho Falls, Idaho 83402 Attn: Scott P. Eskelson 2.9 Entire Agreement. Unless otherwise noted herein, this Agreement is the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and Clement. \[Signature Pages Follow\] 4RIGHT OF WAY TRANSFER AGREEMENT Ammon City Council 08.18.2022Page 25 of 31 IN WITNESS WHEREOF, this Agreement has been entered into by and between City, and Clement as of the Effective Date. CITY OF AMMON By: Name: Title: STATE OF IDAHO) )ss. County of BONNEVILLE) This record was acknowledged before me on the _____ day of ____________, 2022, by __________________________ as ____________________ of the City of Ammon, Idaho. Signature of Notary Public My Commission Expires: 5RIGHT OF WAY TRANSFER AGREEMENT Ammon City Council 08.18.2022Page 26 of 31 CLEMENT The Louise Clement Hitt Road Limited Partnership By: R & L Clement, LLC, its General Partner By:The Marital Legacy Trust under the Will of T. Ross Clement, its Manager By: Brad Bowen, Trustee By: Todd Clement, Trustee STATE OF IDAHO) )ss. County of BONNEVILLE) This record was acknowledged before me on the _____ day of ____________, 2022, by Brad Bowen, as trustee of The Marital Legacy Trust under the Will of T. Ross Clement, Manager of R & L Clement, LLC, General Partner of The Louise Hitt Road Limited Partnership. Signature of Notary Public My Commission Expires: STATE OF IDAHO) )ss. County of BONNEVILLE) This record was acknowledged before me on the _____ day of ____________, 2022, by Todd Clement, as trustee of The Marital Legacy Trust under the Will of T. Ross Clement, Manager of R & L Clement, LLC, General Partner of The Louise Hitt Road Limited Partnership. Signature of Notary Public 6RIGHT OF WAY TRANSFER AGREEMENT Ammon City Council 08.18.2022Page 27 of 31 My Commission Expires: G. Ray Clement STATE OF IDAHO) )ss. County of BONNEVILLE) This record was acknowledged before me on the _____ day of ____________, 2022, by G. Ray Clement. Signature of Notary Public My Commission Expires: 7RIGHT OF WAY TRANSFER AGREEMENT Ammon City Council 08.18.2022Page 28 of 31 Ryan Clement STATE OF IDAHO) )ss. County of BONNEVILLE) This record was acknowledged before me on the _____ day of ____________, 2022, by Ryan Clement. Signature of Notary Public My Commission Expires: 8RIGHT OF WAY TRANSFER AGREEMENT Ammon City Council 08.18.2022Page 29 of 31 Myrlann Clement STATE OF IDAHO) )ss. County of BONNEVILLE) This record was acknowledged before me on the _____ day of ____________, 2022, by Myrlann Clement. Signature of Notary Public My Commission Expires: 9RIGHT OF WAY TRANSFER AGREEMENT Ammon City Council 08.18.2022Page 30 of 31 EXHIBIT A PROPERTY A parcel of land located in the Northwest Quarter of Section 22, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho, said parcel being part of an entire tract described in Instrument No. 1471670, filed with particularly described as follows: Beginning at the Northwest Corner of Section 22, an aluminum cap as per Instrument No. Northwest Corner of said entire tract and the Point of Beginning; thence along the Northerly line of said entire tract the following two (2) calls: (1 feet to a point in the Westerly line of said entire tract; thence along Westerly line of said entire said entire tract and the point of beginning. 10RIGHT OF WAY TRANSFER AGREEMENT Ammon City Council 08.18.2022Page 31 of 31