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12.05.2019CouncilAgenda (packet) INDIVIDUALS NEEDING ACCOMODATION 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: 2019-022R Next Ordinance Number: 632 AMMON CITY COUNCIL MEETING THURSDAY, DECEMBER 5, 2019 – 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 Slack Prayer – Council President Powell B. PROCLAMATIONS AND ANNOUNCEMENTS C. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. November 21, 2019 Regular Meeting 3. Memorandum of Understanding with Daniel Borup for completion of a sculpture at McCowin Park 4. Appointment of Planning and Zoning Commissioners: i. Patrick Malone for a term of 3 years ii. Jay Danielson for a term of 3 years iii. Debra Clapp for a term of 3 years iv. Bond Eslinger for a term of 1 year D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) E. PUBLIC HEARINGS: None F. ACTION ITEMS: 1. Ordinance 631 and Summary: Warrant for Fiber Optic LID #4 District (Bruce Patterson, Technology Director) 2. Annexation Agreement for five (5) acres at 3665 Marlene Street zoned RP (Cindy Donovan, Planning and Zoning Director) 3. Resolution 2019-019R establishing regular meeting dates in 2020 for the Ammon City Council (Micah Austin, City Administrator) 4. Resolution 2019-020R establishing regular meeting dates and times in 2020 for Ammon Planning and Zoning Commission (Micah Austin, City Administrator) 5. Resolution 2019-021R establishing regular meeting dates and times in 2020 Ammon Traffic Commission (Micah Austin, City Administrator) G. DISCUSSION ITEMS: 1. Staff Reports 2. City Council Reports 3. Mayor Coletti’s Report H. EXECUTIVE SESSION: 1. Pending Litigation – Idaho Code 74-206 (1) (f) I. ADJOURN Ammon City Council Meeting, December 5, 2019 Page 1 of 46 City Council Minutes 11.21.19 Page 1 of 7 AMMON CITY COUNCIL MEETING THURSDAY, NOVEMBER 21, 2019 – 7:00 P.M. 2135 SOUTH AMMON ROAD AGENDA: A. CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance – Councilmember Wiscombe Prayer – Councilmember Wessel B. PROCLAMATIONS AND ANNOUNCEMENTS C. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. October 10, 2019 Regular Meeting (continued from November 7, 2019 meeting) ii. November 7, 2019 Regular Meeting iii. November 14, 2019 Work Session 3. Contract for Services with Idaho Falls Senior Center to deliver Meals on Wheels to Ammon Residents 4. Canvassing of City of Ammon Election Results from November 5, 2019 Election D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit): E. PUBLIC HEARINGS: None. F. ACTION ITEMS: 1. Contract for Services with Horrocks Engineers for Design of 1st Street (Tracy Bono, City Engineer/Public Works Director) 2. Resolution 2019-018R- Interdepartmental agreement between General Fund and Fiber Fund (Bruce Patterson, Technology Director) 3. Ordinance 629 and Summary: Formation of Fiber Optic LID #4 (Bruce Patterson, Technology Director) 4. Annexation Agreement with Riverbend Management for 10 Acres annexed into the City by Ordinance 627 (Cindy Donovan, Planning and Zoning Director) 5. Preliminary Plat for The Villas Division #4 (Cindy Donovan, Planning and Zoning Director) 6. Ordinance 630: Annexation of Marlene Street parcel located at 3665 Marlene Street (Cindy Donovan, Planning and Zoning Director) 7. Development Agreement and Final Plat for Deer Valley Subdivision located between Olsen Park and Ammon Road (Cindy Donovan, Planning and Zoning Director) G. DISCUSSION ITEMS: 1. Staff Reports 2. City Council Reports 3. Mayor Coletti’s Report H. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 74-206 (1) (b) 2. Real Property Acquisition – Idaho Code 74-206 (1) (c) 3. Pending Litigation – Idaho Code 74-206 (1) (f) I. ACTION ITEM 1. Acquisition of Real Property for the purposes of acquiring public right-of-way on 1st Street. 2. Acquisition of Real Property for the purposes of dedicating areas for storm water retention 3. Appointment of Kristina Buchan as the City of Ammon’s City Clerk/Mayor’s Assistant J. ADJOURN MINUTES City Officials Present: Mayor Sean Coletti – arrived 7:16 p.m. Council President Brian Powell Councilmember Russell Slack Councilmember Rex Thomson Councilmember Craig Tibbitts Ammon City Council Meeting, December 5, 2019 Page 2 of 46 City Council Minutes 11.21.19 Page 2 of 7 Councilmember Scott Wessel City Attorney Scott Hall City Administrator Micah Austin City Financial Officer Jennifer Belfield City Planning and Zoning Director Cindy Donovan City Engineer Tracy Bono – By Phone from 8:04 p.m. to 8:12 p.m. Technology Director Bruce Patterson Administrative Assistant Shari Ockerman City Officials Absent: Councilmember Byron Wiscombe A. CALL TO ORDER: Council President Powell opened the meeting at 7:00 p.m. at the Ammon City Hall building located at 2135 South Ammon Road. Councilmember Tibbitts led the Pledge of Allegiance and Councilmember Wessel offered a prayer. B. PROCLAMATIONS AND ANNOUNCEMENTS C. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A: Councilmember Slack moved to approve Accounts Payable Report: Exhibit A. Councilmember Tibbitt seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Tibbitts – Yes, Councilmember Wessel – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 2. Minutes: i. October 10, 2019 Regular Meeting (continued from November 7, 2019 meeting): ii. November 7, 2019 Regular Meeting: iii. November 14, 2019 Work Session: Councilmember Slack moved to approve October 10, 2019, November 7, 2019 and November 14, 2019 with discussed edits. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Wessel– Yes, Councilmember Thompson – Yes, and Councilmember Tibbitts– Yes. The motion passed. 3. Contract for Services with Idaho Falls Senior Center to deliver Meals on Wheels to Ammon Residents: Austin explained the terms of the contract. Judith Lanier. 4318 Stubblefield Court, testified about how important the Meals on Wheels program is to the senior citizens in our community. Valisa Say, 535 W. 21st Street, Idaho Falls, Id – Directory of the Meals on Wheels program, testified about her correspondence with Austin and explained the reason they sent letters to Ammon program participates regarding potentially stopping their meal service due to lack of fund. Lou Acker, 535 W. 21st Street, Idaho Falls, Id., testified about the funding needs of the Meals on Wheels program. Councilmember Slack moved to approve and authorized the Mayor to sign the Contract for Services with Idaho Falls Senior to deliver Meals on Wheels to Ammon residents. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Wessel– Yes, Councilmember Thompson – Yes, and Councilmember Tibbitts– Yes. The motion passed. 4. Canvassing of City of Ammon Election Results from November 5, 2019 Election: Councilmember Slack moved to accept the Canvassing of City of Ammon Election Results from November 5, 2019 Election. Councilmember Tibbitts seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Tibbitts – Ammon City Council Meeting, December 5, 2019 Page 3 of 46 City Council Minutes 11.21.19 Page 3 of 7 Yes, Councilmember Wessel– Yes, Councilmember Thompson – Yes, and Councilmember Powell– Yes. The motion passed. D. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit): E. PUBLIC HEARINGS: None F. ACTION ITEMS: 1. Contract for Services with Horrocks Engineers for Design of 1st Street (Tracy Bono, City Engineer/Public Works Director): Bono provided the following information to City Council: Recommendation - Staff recommends approving Horrocks Engineers for the Design of 1st Street Bridge and Roadway for $399,961.47 Summary of Analysis - The design will be for a bridge, 1 mile of roadway and traffic signal and intersection of Curlew and 1st Street. - Horrocks has great experience and knowledge in creating design models that will be used in the construction of this project. - Horrocks has been a great partner in advancing the new methodology in how projects are design by not doing the tradition paper plan set. This method saved in the total design cost. The lowest estimate for doing a design submitted was for $464,000 to the highest being $650,000. - Based on the following criteria, Staff recommends approving Horrocks Engineers for the project: a. Lowest Cost b. Experienced team c. Past performance Councilmember Slack moved to approve and authorized the Mayor to sign the Contract for Services with Horrocks Engineers for Design of 1st Street for $399,961.47. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Wessel– Yes, Councilmember Thompson – Yes, and Councilmember Tibbitts– Yes. The motion passed. 2. Resolution 2019-018R- Interdepartmental agreement between General Fund and Fiber Fund (Bruce Patterson, Technology Director): Patterson presented the following information: Recommendation - Staff recommends approval of Resolution 2019-018R. Summary of Analysis - Resolution 2019-018R publically establishes the formal terms for a $500,000 transfer from the General fund to the Fiber Optic fund. - These funds will be used to create a reserve for the Fiber Optic utility. - This reserve is needed to help the utility reach operational scale and fund infrastructure extensions into new developments. - These funds shall be paid back to the General fund by the Fiber Optic utility. - The Fiber Optic utility will pay a percentage of every connect fee collected back to the General fund until the amount of $500,000 is returned. Financial Impact - This transfer will decrease the cash amount in the General fund by $500, 000 and increase the cash amount in the Fiber Optic fund by $500,000. - The Fiber Optic utility will expend this reserve as required. Councilmember Powell moved to approve Resolution 2019-018R. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Wessel– Yes, Councilmember Thompson – Yes, and Councilmember Tibbitts– Yes. The motion passed. Ammon City Council Meeting, December 5, 2019 Page 4 of 46 City Council Minutes 11.21.19 Page 4 of 7 3. Ordinance 629 and Summary: Formation of Fiber Optic LID #4 (Bruce Patterson, Technology Director): Patterson presented the following information: Recommendation - Staff recommends approval of Ordinance 629. - Summary of Analysis - LID #4 will pass 634 eligible properties. - Just under 200 properties have already submitted LID paperwork. - A 30% demand is already shown, which is higher than any previous LID. Financial Impact - Fiber Optic LID #4 will request an interim warrant (construction loan) from the City. - The long term bond acquired once construction is complete will pay the construction costs back to the City at project completion. Councilmember Tibbitts read: CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE NO. 629 (Creating Fiber Optic Local Improvement District No. 4) AN ORDINANCE CREATING FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 4 FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID FIBER OPTIC LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE MADE THEREIN; AUTHORIZING SOLE SOURCE EXPENDITURES FOR SAID WORK AS PROVIDED BY LAW; PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITTED THEREBY AND THE METHOD OF ASSESSMENT; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND/OR WARRANTS; PROVIDING FOR THE PUBLICATION OF SUMMARY OF THIS ORDINANCE; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERE TO. Councilmember Tibbitts moved to waive the three readings of Ordinance No 629 and read by title and summary only. Councilmember Powell seconded. Roll Call Vote: Councilmember Tibbitts – Yes, Councilmember Powell – Yes, Councilmember Wessel – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed. Councilmember Tibbitts moved to adopt Ordinance No. 629. Councilmember Powell seconded. Roll Call Vote: Councilmember Tibbitts – Yes, Councilmember Powell – Yes, Councilmember Wessel – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed. 4. Annexation Agreement with Riverbend Management for 10 Acres annexed into the City by Ordinance 627 (Cindy Donovan, Planning and Zoning Director): Donovan provided the following information: Recommendation - Staff recommends approval, based on the units per acre being maintained at 2.9 units per acre. - Summary of Analysis - Annexation Agreement limits the construction to 2.9 units per acre. - Annexation Agreement includes walking path along north side of 21st Street from 47th Street to Castelli Drive. - Annexation Agreement includes 15’ easement along 21st Street. - Parcel will be built out as a combination of single-family attached and detached dwellings. - Surrounding zoning: Doves Landing Property C-1, R-1, R1-A, RP-A; Villas Division: 1-3 RP-A; Cottages: RP-A; Quail Ridge: RP; County: Ag Land Ammon City Council Meeting, December 5, 2019 Page 5 of 46 City Council Minutes 11.21.19 Page 5 of 7 Parcel Characteristics - Requested initial zoning: R1-A and R-1 - Total acreage: 10 acres - Property is located north of East 21st Street, east of South 45th East (Crowley Road), south of East 17th Street, west of Castelli Drive - Annexation will allow for second access to 21st Street from the Villas subdivision - Average lot size: .29 acres - Number of lots: 29 - Division 3 will delete two lots to make a through street connection from Division 3 to 21st Street Austin will add to the Annexation Agreement the City will do the groundwork for the walking path, as requested by Devyn Belnap, Riverbend Management. Councilmember Tibbitts moved to approve Annexation Agreement with Riverbend Management for 10 Acres annexed into the City by Ordinance 627, adding the details discussed regarding the groundwork preparation. Councilmember Slack seconded. Roll Call Vote: Councilmember Tibbitts – Yes, Councilmember Slack – Yes, Councilmember Wessel – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 5. Preliminary Plat for The Villas Division #4 (Cindy Donovan, Planning and Zoning Director): Donovan displayed the Preliminary Plat to Council. Councilmember Tibbitts moved to approve Preliminary Plat for The Villas Division #4. Councilmember Powell seconded. Roll Call Vote: Councilmember Tibbitts – Yes, Councilmember Powell – Yes, Councilmember Wessel – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed. 6. Ordinance 630: Annexation of Marlene Street parcel located at 3665 Marlene Street (Cindy Donovan, Planning and Zoning Director): Donovan presented the following information: Recommendation - Staff recommends approval - Summary of Analysis - Parcel is currently residential in Bonneville County - Parcel is built out as a single-family detached dwelling Parcel Characteristics - Requested initial zoning: RP - Total acreage: 4.768 acres - Property is located north of Brookfield Lane, east of 35th East (Ammon Road), south of East 17th Street, west of Marlene Street - Annexation will encompass a county island within the City Applicant’s Request - Request being presented by Randon Taylor - Annexation of 4.768 acres with an initial zoning of RP Councilmember Powell read: CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE NO. 630 AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND ZONED AND HERBY ANNEX AND ZONE AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPERTY ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE Ammon City Council Meeting, December 5, 2019 Page 6 of 46 City Council Minutes 11.21.19 Page 6 of 7 OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. Councilmember Powell moved to dispense with the rule requiring the three readings and the three readings be waived on Ordinance No 630. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Wessel – Yes, Councilmember Thompson – Yes, and Councilmember Tibbitts – Yes. The motion passed. Councilmember Powell moved to adopt Ordinance No. 630. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Wessel – Yes, Councilmember Thompson – Yes, and Councilmember Tibbitts – Yes. The motion passed. 7. Development Agreement and Final Plat for Deer Valley Subdivision located between Olsen Park and Ammon Road (Cindy Donovan, Planning and Zoning Director): The applicant requested this action item be continued. Councilmember Wessel moved to continue Development Agreement and Final Plat for Deer Valley Subdivision located between Olsen Park and Ammon Road. Councilmember Powell seconded. Roll Call Vote: Councilmember Wessel – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Tibbitts – Yes. The motion passed. G. DISCUSSION ITEMS: 1. Staff Reports: Donovan is working on the subdivision ordinance with the City’s Parks Director and City Engineer. She asked Council’s input regarding landscape standard within commercial subdivisions. Council requested Donovan research other cities landscape requirements. Belfield – The auditors recommended creating an additional department called Fiber Developments for better connectivity and clarification of expenses and revenue related to the fiber installation project. Austin - The Woodland Hills and Silver Springs Development Agreement will be coming to the Council. The agreements contain staff recommendations for Council to review. 2. City Council Reports: Slack requested the printers be set to default to black and white printing to save money. He shared a point of interest regarding a city in Texas that has eliminated property taxes and moved to consumption tax. Thompson asked when the street will be put through behind Berean Baptist Church to Fox Hollow. Donovan said it will be installed division 2 which will start developing next spring. Powell said the BMPO meeting he attended had the lineup of BMPO projects to 2025. There are not any projects in Ammon. He encouraged the City to submit street project designs. 3. Mayor Coletti’s Report: The Mayor read a text from Bono updating Council on the progress of the Sunnyside/ Ammon Road intersection. The Winter Light parade and Gazebo Lighting is November 30th, the parade will start at 6:00 p.m. The fireworks will begin approximately at 7:30 p.m. The fire district would like to move forward with adding Ammon to the district. Hall said the residents of Ammon would have to vote to join the Fire District. The Mayor gave a brief update on the status of IBSD (Iona Bonneville Sewer District) joining EIRWWA. H. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 74-206 (1) (b) 2. Real Property Acquisition – Idaho Code 74-206 (1) (c) 3. Pending Litigation – Idaho Code 74-206 (1) (f) Councilmember Slack moved to enter into Executive Session pursuant to Idaho Code 74-206 (1) (b), (1) (c), (1) (f). Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Wessel – Yes, Councilmember Thompson, and Councilmember Tibbitts – Yes. The motion passed. Ammon City Council Meeting, December 5, 2019 Page 7 of 46 City Council Minutes 11.21.19 Page 7 of 7 I. ACTION ITEM 1. Acquisition of Real Property for the purposes of acquiring public right-of-way on 1st Street: Councilmember Tibbitts moved to approve the Acquisition of Real Property for the purposes of acquiring public right-of-way on 1st Street for $11,000, the Jack and Joyce Krimsley property. Councilmember Slack seconded. Roll Call Vote: Councilmember Tibbitts – Yes, Councilmember Slack – Yes, Councilmember Wessel – Yes, Councilmember Thompson, and Councilmember Powell – Yes. The motion passed. 2. Acquisition of Real Property for the purposes of dedicating areas for storm water retention: 3. Appointment of Kristina Buchan as the City of Ammon’s City Clerk/Mayor’s Assistant: Councilmember Tibbitts moved to approve the Appointment of Kristina Buchan as the City of Ammon’s City Clerk/Mayor’s Assistant. Councilmember Slack seconded. Roll Call Vote: Councilmember Tibbitts – Yes, Councilmember Slack – Yes, Councilmember Wessel – Yes, Councilmember Thompson, and Councilmember Powell – Yes. The motion passed. J. ADJOURN The meeting adjourned at 9:00 p.m. Executive Session adjourned at 9:31 p.m. ___________________________________ Sean Coletti, Mayor _________________________________________ Jennifer Belfield, Acting City Clerk Next Resolution Number: 2019-019R Next Ordinance Number: 631 Ammon City Council Meeting, December 5, 2019 Page 8 of 46 Memorandum of Understanding for Sculpting of Ammon Veterans Memorial This Memorandum of Understanding is entered into this ____ day of __________________, 2019, by and between CITY OF AMMON, IDAHO, a municipal corporation of the State of Idaho (hereinafter “Ammon”), and Daniel Borup, Sculptor, residing at 426 Walnut Street, Shelley, ID 83274 (collectively hereinafter the “Parties”). 1. Background. Ammon has a large population of veterans of foreign wars, and wants to create a monument to recognize their service (the “Veterans Memorial”). The location of the Veterans Memorial will be at McCowin Park, in Ammon, next to Midway Avenue. Daniel Borup is an accomplished sculptor residing in Shelley, Idaho, who wishes to assist with the Veterans Memorial. 2. Services of Daniel Borup. Daniel Borup agrees to sculpt maquettes, create digital renderings, and create a final life-size sculpture of two modern-day soldiers (one male and one female) for the Veterans Memorial. A first rendering is attached as Exhibit A, but the Parties agree to communicate and coordinate regarding the design of the final product. 3. Agreements by City of Ammon. Ammon hereby agrees to commission Daniel Borup to complete the final sculpture for the Veterans Memorial at a time and manner agreed upon by both of the Parties. Ammon agrees that it will only contract with Daniel Borup for the services mentioned herein, and will not contract with a different sculptor for the Veterans Memorial without the written permission of Daniel Borup. 4. Use of Maquettes and Rendering Images. Both Parties may use any images provided by Daniel Borup for promotion, on websites, social media, or other locations. 5. Payment. The total cost for Daniel Borup’s services will be $75,000. No payment is required at this time. A payment schedule will be agreed upon by the Parties in the final contract. Daniel Borup understands and agrees that Ammon will utilize primarily donations for payment for the Veterans Memorial. 6. Final Contract. The Parties agree to enter into a final contract for the Veterans Memorial sculpture upon substantial completion of the sculpture by Daniel Borup. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first written above. ATTEST: CITY OF AMMON, IDAHO By:________________________________ By:______________________________________ Daniel Borup Sean J. Coletti, Mayor Ammon City Council Meeting, December 5, 2019 Page 9 of 46 Cindy Donovan, City Planner, direct # (208)612-4013, email: cdonovan@cityofammon.us On December 31, 2019 we have three Planning and Zoning Commissioners terms expiring. Two Commissioners have agreed to be reappointed to another three-year term. These re- appointments will expire on December 31, 2022. On December 31, 2019, after 20 years of service, Commissioner Hunsaker’s term will expire. Patrick Malone: Appointed to the Commission in November of 2016. This would be Patrick’s second full term. Majority vote of the Council is required. Jay Danielson was appointed January of 2019 to fill a vacancy on the Commission. This re- appointment will be his first full term. Majority vote of the Council required. I would like to submit Debra Clapp for consideration as a Planning and Zoning Commissioner. I’ve included the bio that she submitted. This would be a three-year term that would end on December 31, 2022. As a resident of Ammon for almost 50 years, I believe that her insight will be valuable to the Commission. This will need to be confirmed by Council. I would like to submit Bond Eslinger for consideration as a Planning and Zoning Commissioner. I’ve included the bio that he submitted. This would be a one-year term that would end on December 31, 2020. I believe his input will be valuable to the Commission. This will need to be confirmed by Council. The appointments listed above will provide a full Planning and Zoning Commission with 9 members. Thank you, Cindy Donovan, Planning and Zoning Director Ammon City Council Meeting, December 5, 2019 Page 10 of 46 Ammon City Council Meeting, December 5, 2019 Page 11 of 46 Ammon City Council Meeting, December 5, 2019 Page 12 of 46 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 P a g e | 1 Ammon City Council December 5, 2019 Mayor Coletti and City Councilmembers: Approval of Ordinance 631 Providing for Issuance and Sale of an Interim Warrant for FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 4 Staff Presenting: Micah Austin, City Administrator Recommendation - Staff recommends approval of Ordinance 631. Summary of Analysis 1. Ordinance 631 provides the City the authority to seek out funding for a construction loan for LID #4 from the City of Ammon. 2. LID #4 will pass 634 eligible properties. 3. 60% take rate equals 380 connected at $3,300 would result in $1.25M. Financial Impact - Fiber Optic LID #4 is requesting an interim warrant (construction loan) from the City. - The long term bond acquired once construction is complete will pay the construction costs back to the City at project completion. Motion and Adoption Procedure Two motions are required: 1. “I move to read the Ordinance 631 and Summary by title only, and dispense with the rule requiring the reading of the ordinance on three occasions.” a. Roll Call Vote (Unanimous required to waive three readings) b. Read ordinance by title only. 2. “I move to approve Ordinance 631 and Summary” a. Roll Call Vote Attachments: 1. Ordinance 631 Ammon City Council Meeting, December 5, 2019 Page 13 of 46 47773.0007.12276328.1 CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE NO. 631 (Providing for Issuance and Sale of an Interim Warrant) FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 4 WARRANT, 2019 AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, PROVIDING FOR THE ISSUANCE AND SALE OF A WARRANT FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR CERTAIN FIBER OPTIC SYSTEM IMPROVEMENTS AND RELATED APPURTENANCES WITHIN FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 4 FOR AMMON, IDAHO IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,500,000; PROVIDING THE FORM, TERMS AND MATURITY OF THE WARRANT; AND APPROVING THE SALE OF THE WARRANT. Approved on December 5, 2019 Ammon City Council Meeting, December 5, 2019 Page 14 of 46 47773.0007.12276328.1 CITY OF AMMON BONNEVILLE COUNTY, IDAHO FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 4 WARRANT, 2019 ORDINANCE NO. 631 TABLE OF CONTENTS Page Contents Section 1. Definitions .............................................................................................................. 2 Section 2. Authorization of the Warrant .............................................................................. 4 Section 3. Prior Redemption.................................................................................................. 4 Section 4. Registration; Transferability ............................................................................... 4 Section 5. Repayment Fund – Security and Sources of Payment for the Warrant .......... 5 Section 6. Execution and Delivery of the Warrant .............................................................. 5 Section 7. Sale of the Warrant and Authorization of City Officials .................................. 5 Section 8. Disposition of Drawings Under the Warrant ..................................................... 5 Section 9. Lost, Destroyed or Mutilated Warrant ............................................................... 6 Section 10. Representations and Warranties ......................................................................... 6 Section 11. Punctual Payment of Warrant ............................................................................. 6 Section 12. Form of Warrant and Certificate of Authentication ......................................... 7 Section 13. General Authorization ........................................................................................ 10 Section 14. Effect of Partial Invalidity.................................................................................. 10 Section 15. Effect of Covenants ............................................................................................. 10 Section 16. Ordinance to Constitute Contract ..................................................................... 10 Section 17. Publication and Effective Date .......................................................................... 11 * This Table of Contents and the cover page are provided for convenience of the reader only and are not a part of this Ordinance. ORDINANCE NO. 631 AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, PROVIDING FOR THE ISSUANCE AND SALE OF A WARRANT FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR CERTAIN FIBER OPTIC SYSTEM IMPROVEMENTS AND RELATED APPURTENANCES WITHIN FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 4 FOR AMMON, IDAHO IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,500,000; PROVIDING THE FORM, TERMS AND MATURITY OF THE WARRANT; AND APPROVING THE SALE OF THE WARRANT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, AS FOLLOWS: Ammon City Council Meeting, December 5, 2019 Page 15 of 46 ORDINANCE NO. 631 – Page 2 47773.0007.12276328.1 WHEREAS, the City of Ammon, Bonneville County, Idaho (the “City”), is a municipal corporation operating and existing under and pursuant to the provisions of the Constitution and laws of the State of Idaho; WHEREAS, pursuant to chapter 17, Title 50, Idaho Code, the City is authorized and empowered to create local improvement districts for the purpose of acquiring, constructing, and installing improvements and appurtenances, together with engineering, legal, accounting, costs of bond issuance, and other costs incidental thereto as authorized by law, and to finance said improvements by the issuance and sale of local improvement district bonds or warrants, which bonds or warrants are payable solely from assessments upon the property benefited by said improvements; WHEREAS, the City Council of the City (the “City Council”) by Ordinance No. 629, adopted November 21, 2019, created Fiber Optic Local Improvement District No. 4 for Ammon, Idaho (“Fiber LID No. 4”), and provided for the issuance of local improvement district warrants and bonds to finance the costs of design, acquisition, construction and installation of certain fiber optic system improvements and related appurtenances (collectively, the “Improvements”); WHEREAS, Section 50-1722, Idaho Code, authorizes the City to issue interim warrants to pay construction expenses in advance of the issuance of local improvement district bonds if said bonds have been authorized to be issued, to temporarily finance the City’s costs for the Improvements; WHEREAS, it is deemed necessary and desirable that the City, acting on behalf of Fiber LID No. 4, in order to pay the costs of the Improvements, issue and sell short-term obligations in the form of a local improvement district warrant; and WHEREAS, the City, acting on its own behalf and separate and apart from its role on behalf of Fiber LID No. 4, intends to purchase the warrant authorized herein on terms the City Council deems acceptable. NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, as follows: Section 1. Definitions. As used in this Ordinance, the following words shall have the following meanings: Bonds mean the Fiber LID No. 4 Bonds of the City, the proceeds of which shall be used to pay and redeem the Warrant or any refunding interim warrant(s), and to finance the Improvements. City means the City of Ammon, Bonneville County, Idaho, a municipal corporation operating and existing under and pursuant to the provisions of the Constitution and laws of the State of Idaho. City Clerk or Clerk means the de facto or de jure City Clerk of the City, or other officer of the City who is the custodian of the records of the proceedings of the City, or his/her successor in function, if any. Ammon City Council Meeting, December 5, 2019 Page 16 of 46 ORDINANCE NO. 631 – Page 3 47773.0007.12276328.1 City Council or Council means the City Council of the City, as the same shall be duly and regularly constituted from time to time. Code means the Internal Revenue Code of 1986, as amended, together with corresponding and applicable regulations and revenue rulings issued with respect thereto by the Treasury Department or the Internal Revenue Service of the United States. Fiber LID No. 4 means Fiber Optic Local Improvement District No. 4 for Ammon, Idaho. Improvements mean: (i) The design, acquisition, construction and installation of fiber optic system improvements and related appurtenances, including, but not limited to: (a) fiber optic cable, duct, vaults, pedestals, enclosures and terminations, (b) premise equipment, (c) remote office switch equipment and optics, and (d) installation labor; (ii) Acquisition of easements and/or rights-of-way, as necessary; and (iii) Engineering, legal, accounting, costs of bond issuance, costs of interim financing, costs of financial advice, the funding of a guarantee fund and/or reserve account to secure payment of financing, and other costs incidental thereto. It is anticipated that all work will be performed by the City and that all materials will be supplied pursuant to the sole source procurement provisions of Idaho Code § 67-2808 after publication of proper notice. Improvements Fund means the Fiber LID No. 4 Improvements Fund, created in the office of the Treasurer by Section 8 of this Ordinance. Interest Rate means a fixed annual rate of interest equal to 2.00%. Interest Payment Date means the date of maturity of the Warrant or a date of prepayment of the Warrant as permitted by Section 3 of this Ordinance. Mayor means the Mayor of the City, or any presiding officer or titular head of the City, or his/her successor in functions, if any. Ordinance means this Ordinance No. 631 adopted by the City Council on December 5, 2019. Purchaser means the City of Ammon, Bonneville County, Idaho, a municipal corporation operating and existing under and pursuant to the provisions of the Constitution and laws of the State of Idaho, acting in its capacity as purchaser of the Warrant. Registered Owner means the person named as the registered owner of the Warrant in the Warrant Register. Repayment Fund means the Fiber LID No. 4 Warrant Repayment Fund, created in the office of the Treasurer by Section 5 of this Ordinance. Ammon City Council Meeting, December 5, 2019 Page 17 of 46 ORDINANCE NO. 631 – Page 4 47773.0007.12276328.1 Treasurer means the duly appointed Treasurer of the City, or his/her successor in function, if any. Warrant means the local improvement district warrant authorized under Section 2 of this Ordinance. Warrant Register means the registration books showing the name, address and tax identification number of each registered owner of the Warrant, maintained pursuant to Section 149(a) of the Code. Warrant Registrar means the Treasurer, or his/her successor in functions, as now or hereafter designated for the purposes of registering and authenticating the Warrant, maintaining the Warrant Register, effecting transfer of ownership of the Warrant and paying interest on and principal of the Warrant. Section 2. Authorization of the Warrant. For the purpose of providing interim financing of the Improvements pending their completion and the issuance of the Bonds, the City Council hereby authorizes the issuance and sale of the City’s local improvement district warrant in the aggregate principal amount of not to exceed $1,500,000 (the “Warrant”), subject to principal draws thereunder (the “Draws”), with final maturity two (2) years from the date of issuance. The Warrant shall be designated as the “Fiber Optic Local Improvement District No. 4 for Ammon, Idaho Warrant, 2019 (Federally Taxable),” shall be dated as of the date of its original issuance, shall be numbered W-1, and shall be issued in fully registered form in the denomination of not to exceed $1,500,000, provided that the principal amount due and owing thereunder shall be measured by the total Draws made, with total Draws outstanding at any time limited to the maximum of $1,500,000 to be evidenced by the grid attached to the Warrant or in a similar manner. Outstanding Draws shall bear interest at the Interest Rate accruing from the date of each Draw, which accrued interest thereon shall be payable on each Interest Payment Date. Interest on the Warrant shall be calculated on the basis of a 365-360 day year. The Warrant shall be an obligation only of the Repayment Fund and shall be payable and secured as provided herein. The Warrant shall not be deemed to constitute a general obligation or a pledge of the faith and credit or taxing power of the City, Bonneville County, or the State of Idaho or any political subdivision thereof. Both principal of and interest on the Warrant shall be payable in lawful money of the United States of America. Upon the final payment of all principal of and interest on the Warrant, no later than the maturity date thereof, the Warrant shall be surrendered to the Warrant Registrar for cancellation. Section 3. Prior Redemption. Draws under the Warrant may be prepaid in whole or in part at any time prior to maturity, without penalty, upon three (3) days’ notice delivered by the Warrant Registrar of the City to the Registered Owner, with prepayments to be applied first to interest accrued from the date of each Draw and then to principal. Section 4. Registration; Transferability. The City hereby appoints the Treasurer to act as the Warrant Registrar. The duties of the Warrant Registrar hereunder shall be limited to authenticating the Warrant and to remitting to the Purchaser money made available by the City in Ammon City Council Meeting, December 5, 2019 Page 18 of 46 ORDINANCE NO. 631 – Page 5 47773.0007.12276328.1 the Repayment Fund pursuant to Section 5, to pay interest when due and principal on the maturity date of the Warrant. The Warrant shall be transferable by the Purchaser, in whole only, to a “qualified institutional buyer,” as such term is defined in Rule 144A, of the Securities Act of 1933. Section 5. Repayment Fund – Security and Sources of Payment for the Warrant. There is hereby authorized to be established and the Treasurer is authorized and requested to establish a special fund of the City to be known as the “Fiber LID No. 4 Warrant Repayment Fund” (the “Repayment Fund”), which fund shall be a trust fund and shall be drawn upon only for the payment of the principal of and interest on the Warrant. Money in the Repayment Fund shall be invested by the City in any investment that is legal for funds of the City, and the interest earnings on such investments shall be deposited into the Improvements Fund. The City hereby covenants and agrees that on or before each Interest Payment Date it will deposit money into the Repayment Fund sufficient to pay accrued interest on principal drawn under the Warrant and further covenants and agrees to issue the Bonds, or a refunding warrant prior to issuance of the Bonds, in order to provide funds sufficient for the payment of principal and interest due on such Interest Payment Date. The Warrant is payable solely from the proceeds of the Bonds, or a refunding warrant prior to issuance of the Bonds, and the Bonds are to be payable from assessments levied upon the property of only those property owners within Fiber LID No. 4 who have specifically elected to be benefited by the Improvements. The Warrant shall be an obligation only of the Repayment Fund. Section 6. Execution and Delivery of the Warrant. The Warrant shall be executed on behalf of the City by the manual or facsimile signatures of the Mayor and the Treasurer and attested by the City Administrator. In case any officer whose signature shall appear on the Warrant shall cease to be an officer before the delivery of such Warrant, such signature shall nevertheless be valid and sufficient for all purposes, and such Warrant may be authenticated and delivered the same as if such officer had remained in office until such delivery. Only such Warrant as shall bear thereon a Certificate of Authentication in the form hereinafter specified in Section 12, manually executed by the Warrant Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this Ordinance. Such Certificate of Authentication shall be conclusive evidence that the Warrant so authenticated has been duly executed, authenticated and delivered hereunder and is entitled to the benefits of this Ordinance. Section 7. Sale of the Warrant and Authorization of City Officials. The City hereby accepts the offer of the Purchaser to purchase the Warrant in an amount not to exceed $1,500,000, the sale proceeds to be paid by the Purchaser pursuant to Draws in accordance with the terms contained in this Ordinance. The proper City officials are hereby authorized and directed to do everything necessary for the prompt execution and delivery of the Warrant to the Purchaser and for the proper application and use of the proceeds of sale thereof and any acts taken in accordance with the Purchaser’s proposal for purchase are hereby ratified and confirmed. Section 8. Disposition of Drawings Under the Warrant. There is hereby authorized to be established and the Treasurer is authorized and requested to establish a special fund of the City to be known as the “Fiber LID No. 4 Improvements Fund” (the “Improvements Fund”), which fund shall be a trust fund holding proceeds of the Warrant when drawn and shall be used only to pay the expenses associated with the construction of the Improvements and costs of Ammon City Council Meeting, December 5, 2019 Page 19 of 46 ORDINANCE NO. 631 – Page 6 47773.0007.12276328.1 issuance of the Warrant. Following the execution and delivery of the Warrant, the City shall notify the Purchaser in writing each time that a Draw is required to pay a cost(s) of the Improvements or costs of issuance of the Warrant. The Purchaser will then notify the Treasurer of its intent to transfer, by wire or otherwise, a Draw (including the dollar amount of the Draw and the date on which the Draw amount will be transferred to the Treasurer for deposit into the Improvements Fund, as designated by the City). It is anticipated that Draws will be on no more than a monthly basis. The aggregate amount of Draws may not exceed $1,500,000. The drawings under the Warrant shall be deposited in the Improvements Fund, as designated by the City and shall be used, together with other moneys on deposit therein and available therefor, for the undertaking of the Improvements and for paying all expenses incidental thereto (including but not limited to costs of issuance of the Warrant, engineering, financing, legal or any other incidental costs) and for repaying any advances by the City heretofore or hereafter made on account of such costs or for redeeming the Warrant. Proceeds of the Warrant may be used to pay the costs and expenses as set out in the reports of the engineers for the City. All funds held in the Improvements Fund may be invested in any legal investment of the City, and all earnings thereon shall be retained in the Improvements Fund. Section 9. Lost, Destroyed or Mutilated Warrant. In the event the Warrant is lost, destroyed, or mutilated, the City will cause to be issued a new Warrant, substantially similar to the original, to replace the same, in such manner and upon such reasonable terms and conditions as the Warrant Registrar may from time to time determine. Section 10. Representations and Warranties. The City hereby makes the following representations, warranties and agreements: (a) The City has full legal right, power and authority (1) to pass this Ordinance, (2) to sell, issue and deliver the Warrant as provided herein, (3) to issue the Bonds after completion of the Improvements; and (4) to carry out and consummate all other transactions contemplated by this Ordinance. (b) By all necessary official action prior to or concurrently herewith, the City has duly authorized and approved the execution and delivery of and the performance by the City of its obligations contained in the Warrant and this Ordinance, and the consummation by it of all other transactions contemplated by this Ordinance in connection with the issuance of the Warrant, and such authorizations and approvals are in full force and effect and have not been amended, modified or supplemented in any material respect. (c) This Ordinance constitutes the legal, valid and binding obligation of the City. (d) The Warrant, when issued, authenticated and delivered, will constitute the legal, valid and binding special obligation of the City on behalf of Fiber LID No. 4 in accordance with its terms. Section 11. Punctual Payment of Warrant. The City covenants that amounts on deposit in the Repayment Fund shall be drawn upon solely for the purpose of paying the principal Ammon City Council Meeting, December 5, 2019 Page 20 of 46 ORDINANCE NO. 631 – Page 7 47773.0007.12276328.1 of and interest on the Warrant. The City further covenants that it will duly and punctually pay or cause to be paid the principal of and interest on the Warrant at the place or places, on the date or dates and in the manner provided in the Warrant and herein. The City further covenants and agrees that it will deposit moneys from the sources herein provided or issue a refunding interim warrant or interim warrants in such amount(s) and at such time as will enable it to make the deposits into the Repayment Fund required by Section 5 of this Ordinance. Section 12. Form of Warrant and Certificate of Authentication. The Warrant shall be in substantially the following form: [Form of Warrant] UNITED STATES OF AMERICA $1,500,000 (or as much thereof as is shown on the attached grid) No. W-1 STATE OF IDAHO CITY OF AMMON, BONNEVILLE COUNTY, IDAHO FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 4 WARRANT, 2019 (FEDERALLY TAXABLE) INTEREST RATE: DATED DATE: MATURITY DATE: 2.00% December __, 2019 December __, 2021 REGISTERED OWNER: CITY OF AMMON, BONNEVILLE COUNTY, IDAHO PRINCIPAL AMOUNT: ONE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS (or as much thereof as is shown on the attached grid) The City of Ammon, Bonneville County, Idaho, acting on behalf of Fiber Optic Local Improvement District No. 4 for Ammon, Idaho (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date the Principal Amount, or as much thereof drawn by the City (“Draws”), together with interest thereon from the date of each Draw at the Interest Rate. The amount of outstanding Draws at any one time is limited to no more than $1,500,000, to be evidenced on Schedule A to this Warrant or in a similar manner. Accrued interest is payable on the Maturity Date or on a date of prepayment, in whole or in part, of this Warrant and all outstanding principal is due on the Maturity Date together with any unpaid interest thereon. Interest on the Warrant shall be calculated on the basis of a 365-360 day year. Both principal of and interest on this Warrant are payable in lawful money of the United States of America. The final payment of principal and interest on this Warrant shall be payable upon presentation of this Warrant to the Treasurer of the City, as registrar (“Warrant Registrar”). Draws under this Warrant may be prepaid in whole or in part at any time prior to the Maturity Date, Ammon City Council Meeting, December 5, 2019 Page 21 of 46 ORDINANCE NO. 631 – Page 8 47773.0007.12276328.1 without penalty, upon three (3) days’ notice delivered by the Warrant Registrar to the Registered Owner, with prepayments to be applied first to interest accrued from the date of each Draw and then to principal. This Warrant is issued pursuant to Ordinance No. 631 of the City passed on December 5, 2019 (the “Warrant Ordinance”) and in accordance with the provisions of the Constitution and applicable statutes of the State of Idaho for the purpose of providing interim financing and paying part of the costs of Improvements in Fiber Optic Local Improvement District No. 4 for Ammon, Idaho (“Fiber LID No. 4”). This Warrant is issued in anticipation of the issuance of Fiber LID No. 4 Bonds authorized by the City. Terms not otherwise defined herein shall have the meanings set forth in the Warrant Ordinance. This Warrant is a special obligation of the City acting on behalf of Fiber LID No. 4 and is payable solely from the proceeds of local improvement district bonds or refunding warrant(s) to be issued by the City on behalf of Fiber LID No. 4, which proceeds the City has covenanted and agreed to deposit in the Fiber LID No. 4 Warrant Repayment Fund of the City. Such local improvement district bonds are to be payable from assessments levied upon the property of only those property owners within Fiber LID No. 4 who have specifically elected to be benefited by the Improvements. This Warrant shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Warrant Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Warrant Registrar. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Idaho to exist, to have happened, been done and performed precedent to and in the issuance of this Warrant have happened, been done and performed and that the issuance of this Warrant does not violate any constitutional, statutory or other limitation upon the amount of indebtedness that the City may incur. IN WITNESS WHEREOF, the City Council of the City has caused this Warrant to be signed with the manual or facsimile signature of the Mayor and Treasurer, both of which shall be attested by the manual or facsimile signature of the City Administrator, as of this ____ day of December, 2019. CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, acting on behalf of Fiber Optic Local Improvement District No. 4 for Ammon, Idaho By: Mayor By: Treasurer Ammon City Council Meeting, December 5, 2019 Page 22 of 46 ORDINANCE NO. 631 – Page 9 47773.0007.12276328.1 ATTEST: City Administrator CERTIFICATE OF AUTHENTICATION This Warrant is the interim warrant described in the within-mentioned Warrant Ordinance and is the Fiber Optic Local Improvement District No. 4 Warrant, 2019 of the City of Ammon, Bonneville County, Idaho, dated December ___, 2019. Dated:_________________________ Warrant Registrar: By: Treasurer * * * * * * * * Ammon City Council Meeting, December 5, 2019 Page 23 of 46 ORDINANCE NO. 631 – Page 10 47773.0007.12276328.1 SCHEDULE A CITY OF AMMON BONNEVILLE COUNTY, IDAHO FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 4 WARRANT, 2019 (FEDERALLY TAXABLE) ADVANCES AND PAYMENTS OF PRINCIPAL Date Amount of Principal Draw Amount of Principal Paid or Prepaid Unpaid Principal Balance Notation Made By [End of Warrant Form] Section 13. General Authorization. The officials of the City are hereby authorized to do and perform from time to time any and all acts and things consistent with this Ordinance necessary or appropriate to carry the same into effect. Section 14. Effect of Partial Invalidity. In case any one or more of the provisions of this Ordinance or the Warrant shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Ordinance or Warrant, but this Ordinance and Warrant shall be construed and enforced as if such illegal or invalid provision had not been contained therein. In case any covenant, obligation or agreement contained in the Warrant or in this Ordinance shall for any reason be held to be in violation of law, then such covenant, obligation or agreement shall be deemed to be the covenant, obligation or agreement of the City to the fullest extent permitted by law. Section 15. Effect of Covenants. No covenant, obligation or agreement contained herein shall be deemed to be a covenant, obligation or agreement of any present or future official, member, agent or employee of the City in his or her individual capacity, and neither the members of the City Council nor any officer thereof executing the Warrant shall be liable personally on the Warrant or be subject to any personal liability or accountability by reason of the issuance thereof. No member, officer, agent or employee of the City shall incur any liability in acting or proceeding, or in not acting or proceeding, in good faith in accordance with the terms of this Ordinance. Section 16. Ordinance to Constitute Contract. In consideration of the purchase and acceptance of any Warrant authorized to be issued hereunder by the Registered Owner of the Warrant, this Ordinance shall be deemed to be and shall constitute a contract between the City and such Registered Owner, and the covenants and agreements set forth in this Ordinance to be performed on behalf of the City shall be for the equal benefit, protection and security of the Registered Owner of the Warrant. Ammon City Council Meeting, December 5, 2019 Page 24 of 46 ORDINANCE NO. 631 – Page 11 47773.0007.12276328.1 Section 17. Publication and Effective Date. After its passage and adoption, a summary of this Ordinance, substantially in the form attached hereto as Exhibit A, shall be published once in the official newspaper of the City, under the provisions of the Idaho Code, and upon such publication shall be in full force and effect. Upon personal request, the City Clerk shall promptly provide the full text of this Ordinance to any citizen. [the following page is the signature page] Ammon City Council Meeting, December 5, 2019 Page 25 of 46 ORDINANCE NO. 631 – Page 12 47773.0007.12276328.1 PASSED at a regular meeting of the City Council of the City of Ammon, Bonneville County, Idaho, held on the 5th day of December, 2019. CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, acting on behalf of Fiber Optic Local Improvement District No. 4 for Ammon, Idaho By: __________________________ Sean Coletti, Mayor ATTEST: Jennifer Belfield, City Clerk Ammon City Council Meeting, December 5, 2019 Page 26 of 46 ORDINANCE NO. 631 – Page 13 47773.0007.12276328.1 I, the undersigned, City Clerk of the City of Ammon, Bonneville County, Idaho, hereby certify that the foregoing Ordinance No. 631 is a full, true, and correct copy of an Ordinance duly adopted at a regular meeting of the City Council of the City of Ammon (the “City Council”); the meeting was duly and regularly held at the regular meeting place of the City Council on December 5, 2019; all members of the City Council had due notice thereof; a majority of the members were present; and that at said meeting said Ordinance was adopted by the following vote: Councilmembers voting Yes: Councilmembers voting No: Councilmembers abstaining: Councilmembers absent: I further certify that I have carefully compared the same with the original Ordinance No. 631 on file and of record in my office; that said Ordinance is a full, true, and correct copy of the original Ordinance adopted at said meeting; and that said Ordinance has not been amended, modified, or rescinded since the date of its adoption, and is now in full force and effect. I have set my hand on December 5, 2019. CITY OF AMMON, BONNEVILLE COUNTY, IDAHO __________________________________________ Jennifer Belfield, City Clerk EXHIBIT A Ammon City Council Meeting, December 5, 2019 Page 27 of 46 SUMMARY OF ORDINANCE NO. 631 - 2 47773.0007.12276328.1 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO. 631 FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 4 WARRANT, 2019 AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, PROVIDING FOR THE ISSUANCE AND SALE OF A WARRANT FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR CERTAIN FIBER OPTIC SYSTEM IMPROVEMENTS AND RELATED APPURTENANCES WITHIN FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 4 FOR AMMON, IDAHO IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,500,000; PROVIDING THE FORM, TERMS AND MATURITY OF THE WARRANT; AND APPROVING THE SALE OF THE WARRANT Section 1. Definitions: Defines certain capitalized terms used in the Ordinance. Section 2. Authorization of Warrant: Authorizes the City of Ammon, Bonneville County, Idaho, acting on behalf of the Fiber Optic Local Improvement District No. 4 for Ammon, Idaho (the “City”) to issue and sell its “Fiber Optic Local Improvement District No. 4 for Ammon, Idaho Warrant, 2019 (Federally Taxable)” in the aggregate principal amount of not to exceed $1,500,000 (the “Warrant”) to provide interim financing for the costs of design, acquisition, construction and installation of certain fiber optic system improvements and related appurtenances (collectively, the “Improvements”), and provides details regarding the maturity and interest rate thereof. Section 3. Prior Redemption: Provides details regarding redemption of the Warrant prior to its scheduled maturity. Section 4. Registration: Appoints the Treasurer of the City to act as Warrant Registrar and describes the responsibility of Warrant Registrar for making payments on the Warrant. Section 5. Repayment Fund-Security and Sources of Payment of the Warrant: Authorizes Treasurer to establish the “Fiber LID No. 4 Warrant Repayment Fund,” which fund shall be used to pay principal of and interest on the Warrant and any refunding warrant. Section 6. Execution and Delivery of the Warrant: Authorizes procedures for execution, authentication and delivery of the Warrant. Section 7. Sale of the Warrant and Authorization of City Officials: Authorizes the sale of the Warrant to the City of Ammon, Bonneville County, Idaho, acting in its capacity as purchaser thereof, and authorizes the execution and delivery of the Warrant by City officials. Ammon City Council Meeting, December 5, 2019 Page 28 of 46 SUMMARY OF ORDINANCE NO. 631 - 3 47773.0007.12276328.1 Section 8. Disposition of Drawings Under the Warrant: Authorizes the application of the Warrant proceeds to pay costs of the Improvements. Section 9. Lost, Destroyed or Mutilated Warrant: Makes provision in case any Warrant is lost, stolen or destroyed. Section 10. Representations and Warranties: Provides that the City has the authority to pass the Ordinance; sell, issue and deliver the Warrant; and consummate all other provisions contained in the Ordinance. Section 11. Punctual Payment of Warrant: Provides for the payment of the Warrant. Section 12. Form of Warrant and Certificate of Authentication: Describes the forms of the Warrant and Certificate of Authentication thereon. Section 13. General Authorization: Authorizes officials of the City to perform acts consistent with the Ordinance. Section 14. Effect of Partial Invalidity: Provides that other covenants and agreements in the Ordinance are not affected if one is made invalid. Section 15. Effect of Covenants: Provides that there is no personal liability to a member, officer, agent or employee of the City as to the Ordnance and/or Warrant. Section 16. Ordinance to Constitute Contract: Provides for a contract between the City and the Registered Owner of the Warrant. Section 17. Effective Date: Provides that the Ordinance shall take effect from and after its passage and publication of this summary, as required by law. Exhibit A: Sets forth the substantial form of this Summary for publication. The full text of the Ordinance is available at the office of the City Clerk and will be provided to any citizen upon personal request during normal business hours. APPROVED this 5th day of December, 2019. CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, acting on behalf of Fiber Optic Local Improvement District No. 4 for Ammon, Idaho By: _________________________________ Sean Coletti, Mayor Ammon City Council Meeting, December 5, 2019 Page 29 of 46 SUMMARY OF ORDINANCE NO. 631 - 4 47773.0007.12276328.1 ATTEST: Jennifer Belfield, City Clerk Ammon City Council Meeting, December 5, 2019 Page 30 of 46 CERTIFICATION OF ORDINANCE NO. 631 47773.0007.12276328.1 CERTIFICATION OF COUNSEL I, the undersigned, the legal advisor to the City of Ammon, Bonneville County, Idaho (the “City”), hereby certify that I have read the attached Summary of Ordinance No. 631 of the City, and that the same is true and complete and provides adequate notice to the public of the contents of said Ordinance. Dated as of this 5th day of December, 2019. By: Scott Hall Ammon City Council Meeting, December 5, 2019 Page 31 of 46 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 City Council Meeting: December 5, 2019 Mayor Coletti and Councilmembers: 3665 Marlene Street Annexation Agreement Department Head: Cindy Donovan, City Planner Recommendation ● Staff recommends: approval Summary of Analysis ● Property was annexed on November 21, 2019, Ordinance 630 published November 26, 2019 ● Annexation Agreement is a standard agreement with no special conditions Parcel Characteristics ● Current zoning: RP ● Total acreage: 4.768 acres ● Property is located north of Brookfield Lane, east of 35th East (Ammon Road), south of East 17th Street, west of Marlene Street Compliance with Zoning Ordinance ● 10-12-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the RP Residence Zone is to encourage the creation and maintenance of residential areas within the City which are characterized by large lots at least twelve thousand (12,000) square feet on which single-family dwelling units are situated, surrounded by well-kept lawns, trees and other plantings. A minimum of vehicular and pedestrian traffic and quiet residential conditions favorable to family living and the rearing of children shall also be characteristic of this zone. No single lot, regardless of the status of platting in the RP Residence Zone shall contain more than one dwelling unit, except as specifically allowed by this Title of the City code. This zone falls under the low density designation and does not allow density that will exceed 2.5 living units per acre. Compliance with Subdivision Ordinance - NA Motion Approve “I move to approve of the annexation agreement for 3665 Marlene Street, finding it is in compliance with the Comprehensive Plan and meets the City ordinance.” Ammon City Council Meeting, December 5, 2019 Page 32 of 46 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Deny “I move to deny the annexation agreement for 3665 Marlene Street, finding it does not comply with the Comprehensive Plan or City ordinance.” Continue “I move to continue the annexation agreement for 3665 Marlene Street until further details can be attained.” Attachments: 1. Annexation Agreement Ammon City Council Meeting, December 5, 2019 Page 33 of 46 3665 MARLENE STREET ANNEXATION AGREEMENT - Page 1 of 6 CITY OF AMMON ANNEXATION AGREEMENT 3665 MARLENE STREET AN ADDITION TO THE CITY OF AMMON THIS AGREEMENT, made and entered into this 5th day of December, 2019, 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 Randon and Evelyne Taylor, a married couple, Party of the Second Part, hereinafter called the “Developer.” WITNESSETH: 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 and annexed to said City and has committed to the City to plat said property and to be approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the City Engineer has recommended to the City Council of the City that such annexation be accepted subject to certain requirements and obligations on the part of the Developer; and; WHEREAS, the City Council has agreed to accept and annex said lands, with the initial zone of RP to the City subject to the following terms and conditions: NOW THEREFORE, it is hereby agreed as follows: 1. That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: a. 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, fiber duct, fiber vaults, 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 Please place instrument sticker below. Ammon City Council Meeting, December 5, 2019 Page 34 of 46 3665 MARLENE STREET ANNEXATION AGREEMENT - Page 2 of 6 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. Developer shall comply with all state, federal, EPA, DEQ, and other applicable statutes, rules and regulations. 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. b. That Developer, shall, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, installation of required fiber duct, fiber vaults, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street lights, street and regulatory signs, and/or other needed street or utility improvements as shown on the improvement plans. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given on each phase, only after satisfactory completion. c. That Developer, its successors or assigns will, at his or their own expense, construct and install all 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. Dedication and acceptance of retention ponds will be given by the City, only after satisfactory completion of retention ponds including landscaping and sprinkling. Additional improvements may be required by development agreement on a case by case basis. d. 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 over the number shown on the plat. All building and zoning codes must be complied with in the event of any change. e. That Developer will obtain easements, design and construct the sanitary sewer lines as shown in the improvement drawings within the development. 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. f. That Developer will obtain easements, design and construct the water line as shown in any current or future improvement drawings within the Development. That the Developer shall be responsible for extending City water lines to said development through adjacent property if water is required prior to adjacent developers extending water lines to Developer’s property. The property described herein will be serviced by the City of Ammon water system, unless specifically agreed to by both developer and the City of Ammon. Developer shall reimburse the City of Ammon the entire cost for water modeling associated with the development described herein. Developer shall reimburse the same within ten days of receipt of said bill from the City of Ammon. Ammon City Council Meeting, December 5, 2019 Page 35 of 46 3665 MARLENE STREET ANNEXATION AGREEMENT - Page 3 of 6 g. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. h. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. i. That Developer shall construct and install all 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. j. As consideration of this annexation, developer agrees to dedicate such right of way area to the City as needed for future development of rights of way adjacent to said annexation and existing roadways which shall be constructed at a future time. Dedication shall occur at the time of final plat or at such time as the City in its sole discretion requests dedication in contemplation of roadway and/or infrastructure improvements. Right of way dedication will be determined by the City Engineer using the most current version of the Bonneville Metropolitan Planning Organization (BMPO) Access Management Plan at the time of development. k. Developer agrees that at time of platting and development of adjacent lands, dedicated right of way shall be improved to the standards of the City and after construction said improvements shall be dedicated to the City pending acceptance by the City of improvements. Developer shall improve all roadways adjacent to said development and interior rights of way including but not limited to curb, gutter, sidewalk and asphalt to the standards of the City of Ammon and in a width reasonably determined by the City or shall escrow funds with the City of Ammon for the estimated cost of said improvements. Said improvements shall be completed/escrowed prior to the issuance of any building permits within any plat within said development. l. 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, fiber duct, fiber vaults, and street lights. m. That Developer agrees and covenants that prior to any construction or any improvements upon any of the area herein agreed, there shall be a final plat approved by the Planning and Zoning Commission and approved by the City Council and the City Engineer and filed with the County Recorder of Bonneville County, Idaho, as to any areas where improvements are to be commenced. n. That Developer shall reimburse City for all past and future costs of publications relative to this annexation until the development is completed in full. Said costs shall include but are not limited to publication costs for notices of public hearings for annexation and zoning changes, ordinance publication costs for annexation and public hearings, etc. Ammon City Council Meeting, December 5, 2019 Page 36 of 46 3665 MARLENE STREET ANNEXATION AGREEMENT - Page 4 of 6 o. That Developer shall petition the governing surface water agency to convey all surface water rights appurtenant to the property described in Exhibit A of this agreement to the City of Ammon. p. That Developer shall convey or cause to convey all groundwater rights appurtenant to the property described in Exhibit A of this agreement to the City of Ammon. 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. q. 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 annexation. r. That prior to the issuance of any building permit for buildings 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, lighting, fiber duct, fiber vaults, and required landscaping, curb, gutter, sidewalks and drainage systems. s. 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 10-29-15. 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. t. That when arterial roadway or infrastructure is required as part of a final plat on property located within this agreement; the developer shall install street lights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. u. That developer shall pay any front footage fees applicable to said property, prior to the recording of any final plat related to property within this annexation. v. If a traffic study is determined to be needed by the City Engineer, the developer shall be required to perform the study prior to the approval of a final plat. In the event a traffic study finds impact to roadways that would require improvements to roadways as a result of any plat related to the property described within this agreement; the developer shall pay the cost of said improvements. 2. SPECIAL CONDITIONS: To the extent otherwise inconsistent, special conditions shall take precedent over all other terms. 3. 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. Ammon City Council Meeting, December 5, 2019 Page 37 of 46 3665 MARLENE STREET ANNEXATION AGREEMENT - Page 5 of 6 IN WITNESS WHEREOF, the City has by resolution 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. ATTEST: CITY OF AMMON, IDAHO ___________________________________ _______________________________ Jennifer Belfield, Interim City Clerk By: Sean Coletti, Mayor _________________________________ By: Randon Taylor Developer STATE OF IDAHO ) :ss. County of Bonneville ) On this _____ day of _______________, 2019 before me the undersigned, a Notary Public in and for said State, personally appeared Sean Coletti, known or identified to me to be the Mayor of the City of Ammon and acknowledged to me that he executed that same as mayor of the City of Ammon. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. ____________________________________ Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: Ammon City Council Meeting, December 5, 2019 Page 38 of 46 3665 MARLENE STREET ANNEXATION AGREEMENT - Page 6 of 6 STATE OF IDAHO ) :ss. County of Bonneville ) On this _____ day of _______________, 2019 before me the undersigned, a Notary Public in and for said State, personally appeared _________________, and known or identified to me to be the person whose name is subscribed to the within instrument as Developer and acknowledged to me that he 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: EXHIBIT A TO ANNEXATION AGREEMENT FOR 3665 MARLENE STREET Legal description of tax lot 3332: Beginning at the Southwest Corner of Lot 15, Block 3 of Jennie Jean Estates, Division No. 1 and running thence North 89°42’06” West 331.04 feet; thence North 0°19’37” West 627.46 feet; thence North 88°52’36” East 331.45 feet to the West line of said Estates; thence South 0°1’30” East 639.31 feet along said West line to the point of beginning. Being a portion of Section 26, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho. Ammon City Council Meeting, December 5, 2019 Page 39 of 46 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612‐4000  www.ci.ammon.id.us  Page | 1    Ammon City Council  December 5, 2019    Mayor Coletti and City Councilmembers:      Discussion of Resolutions 2019‐019R, 2019‐020R, and 2019‐021R establishing regular meeting dates  for the City Council, Planning and Zoning Commission, and Traffic Commission in 2020      Staff Presenting:  Micah Austin, City Administrator      Recommendation  ‐ Staff recommends approval of Resolutions 2019‐019R, 2019‐020R, and 2019‐021R by separate  motions.    Summary of Analysis  1. Pursuant to Idaho Code § 74.204 any public agency that holds meetings at regular intervals of at  least once per calendar month scheduled in advance over the course of the year may satisfy this  meeting notice by giving meeting notices at least once each year of its regular meeting schedule.  2. The resolutions proposed for adoption satisfy the requirement of Idaho Code § 74.204.  3. Resolution 2019‐019R establishes the 2020 meeting dates for the Ammon City Council  4. Resolution 2019‐020R establishes the 2020 meeting dates for the Planning and Zoning  Commission.  5. Resolution 2019‐021R establishes the 2020 meeting dates for the Ammon Traffic Commission.    Financial Impact  ‐ Meeting costs are included in the budget.  There are no unanticipated financial impacts to  adopted the proposed resolutions.    Motion  1. “I move to approve Resolution 2019‐019R, approving meeting dates for the City Council in  2020.”  2. “I move to approve Resolution 2019‐020R, approving meeting dates for the Planning and Zoning  Commission in 2020.”  3. “I move to approve Resolution 2019‐021R, approving meeting dates for the Traffic Commission  in 2020.”    Attachments:  1. Resolution 2019‐019R  2. Resolution 2019‐020R  3. Resolution 2019‐021R  Ammon City Council Meeting, December 5, 2019 Page 40 of 46 2020-019R 2020 City Council Meeting Dates Page 1 of 2   CITY OF AMMON  BONNEVILLE COUNTY, IDAHO    RESOLUTION NO. 2019‐019R    A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF AMMON, IDAHO, ESTABLISHING THE  DATES FOR ALL REGULAR CITY COUNCIL MEETINGS FOR 2020.     WHEREAS, regular meetings of the City Council shall be held on the first, and third Thursday of each  month at 7:00 p.m., and the second Thursday at 4:30 p.m. at Ammon City Hall located at 2135 South Ammon  Road, Ammon, Idaho. This schedule may vary by Council order; and,      WHEREAS, pursuant to Idaho Code § 74.204, any public agency that holds meetings at regular  intervals of at least once per calendar month scheduled in advance over the course of the year may satisfy  this meeting notice by giving meeting notices at least once each year of its regular meeting schedule; and,      WHEREAS, the City Council has determined that listing all regular meetings of the City Council to be  held in 2020 and in January 2021 would be beneficial to the residents of and visitors to the City of Ammon.      NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON,  IDAHO that the regular meetings of the City Council for 2020 and January 2021 are attached as Exhibit ‐ A      This Resolution will be in full force and effect upon its adoption this 5th day of December 2019.             CITY OF AMMON, IDAHO    __________________________   Sean Coletti, Mayor      ATTEST:           ________________________    Jennifer Belfield, Interim City Clerk                                 Ammon City Council Meeting, December 5, 2019 Page 41 of 46 2020-019R 2020 City Council Meeting Dates Page 2 of 2 EXHIBIT – A    2020   CITY COUNCIL MEETINGS    “REGULAR ACTION MEETINGS” (1ST AND 3RD THURSDAYS) START TIME ‐ 7:00 PM  “WORK SESSION MEETINGS” (2ND THURSDAY) START TIME – 4:30 PM    January 2, 2020  January 9, 2020 Work Session  January 16, 2020  February 6, 2020  February 13, 2020 Work Session  February 20, 2020  March 5, 2020  March 12, 2020 Work Session  March 19, 2020  April 2, 2020  April 9, 2020 Work Session  April 16, 2020  May 7, 2020  May 14, 2020 Work Session   May 21, 2020  June 4, 2020  June 11, 2020 – Work Session  June 18, 2020   July 2, 2020   July 9, 2020 Work Session   July 16, 2020  August 6, 2020 Regular Meeting and Budget Hearing  August 13, 2020 – Work Session  August 20, 2020  September 3, 2020  September 10, 2020 – Work Session  September 17, 2020  October 1, 2020  October 8, 2020 – Work Session  October 15, 2020  November 5, 2020  November 12, 2020 – Work Session  November 19, 2020  December 3, 2020  December 10, 2020 – Work Session  December 17, 2020  January 7, 2021     (This schedule may vary by Council order)    Ammon City Council Meeting, December 5, 2019 Page 42 of 46 2020-020R 2020 Planning and Zoning Meeting Dates Page 1 of 2   CITY OF AMMON  BONNEVILLE COUNTY, IDAHO    RESOLUTION NO. 2019‐020R    A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF AMMON, IDAHO, ESTABLISHING THE  DATES FOR ALL REGULAR PLANNING AND ZONING MEETINGS FOR 2020.     WHEREAS, regular meetings of the Planning and Zoning Commission shall be held on the first  Wednesday each month at 7:00 p.m. at Ammon City Hall located at 2135 South Ammon Road, Ammon, Idaho.  This schedule may vary by order of the Planning and Zoning Commission or City Council; and,      WHEREAS, pursuant to Idaho Code § § 74.204, any public agency that holds meetings at regular  intervals of at least once per calendar month scheduled in advance over the course of the year may satisfy  this meeting notice by giving meeting notices at least once each year of its regular meeting schedule; and,      WHEREAS, the City Council has determined that listing all regular meetings of the Planning and Zoning  Commission to be held in 2020 would be beneficial to the residents of and visitors to the City of Ammon.      NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON,  IDAHO that the regular meetings of the Planning and Zoning Commission for 2020 are attached as Exhibit  ‐ A      This Resolution will be in full force and effect upon its adoption this 5th day of December 2019.             CITY OF AMMON, IDAHO    __________________________   Sean Coletti, Mayor      ATTEST:           ________________________    Jennifer Belfield, Interim City Clerk                             EXHIBIT – A  Ammon City Council Meeting, December 5, 2019 Page 43 of 46 2020-020R 2020 Planning and Zoning Meeting Dates Page 2 of 2 2020  PLANNING AND ZONING MEETINGS  ALL START TIMES: 7:00pm    REGULAR MEETING DATES  WORK SESSION MEETINGS  (No action taken, scheduled monthly as  necessary)    January 8, 2020 Moved for New Year’s Holiday No work session in January  February 5, 2020 February 19, 2020  March 4, 2020 March 18, 2020  April 1, 2020 April 15, 2020  May 6, 2020 May 20, 2020  June 3, 2020 June 17, 2020  July 1, 2020 July 15, 2020  August 5, 2020 August 19, 2020  September 2, 2020 September 16, 2020  October 7, 2020 October 21, 2020  November 4, 2020 November 18, 2020  December 2, 2020 December 16, 2020   PLANNING AND ZONING  PUBLIC HEARING DEADLINE DATES    (ANNEXATION DEADLINES ARE 15 DAYS PRIOR  TO THE DATES LISTED BELOW)    HEARING DATE   (If not an annexation request)  DEADLINE DATE  January 8, 2020 December 6, 2019 February 5, 2020 January 3, 2020 March 4, 2020 February 3, 2020 April 1, 2020 March, 2, 2020 May 6, 2020 April 3, 2020 June 3, 2020 May 4, 2020 July 1, 2020 June 1, 2020 August 5, 2020 July 2, 2020 September 2, 2020 August 3, 2020 October 7, 2020 September 4, 2020 November 4, 2020 October 7, 2020 December 2, 2020 November 2, 2020    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.  Ammon City Council Meeting, December 5, 2019 Page 44 of 46 2020-021R 2020 Traffic Commission Meeting Dates Page 1 of 2   CITY OF AMMON  BONNEVILLE COUNTY, IDAHO    RESOLUTION NO. 2019‐021R    A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF AMMON, IDAHO, ESTABLISHING THE  DATES FOR ALL REGULAR TRAFFIC COMMISSION MEETINGS FOR 2020.     WHEREAS, regular meetings of the Traffic Commission shall be held on the second Wednesday each  month at 9:00 a.m. at Ammon City Hall located at 2135 South Ammon Road, Ammon, Idaho. This schedule  may vary by order of the Traffic Commission or City Council; and,      WHEREAS, pursuant to Idaho Code § 74.204, any public agency that holds meetings at regular  intervals of at least once per calendar month scheduled in advance over the course of the year may satisfy  this meeting notice by giving meeting notices at least once each year of its regular meeting schedule; and,      WHEREAS, the City Council has determined that listing all regular meetings of the Traffic Commission  to be held in 2020 and in January 2021 would be beneficial to the residents of and visitors to the City of  Ammon.      NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON,  IDAHO that the regular meetings of the Traffic Commission for 2020 and January 2021 are attached as  Exhibit ‐ A      This Resolution will be in full force and effect upon its adoption this 5th day of December 2019.             CITY OF AMMON, IDAHO    __________________________   Sean Coletti, Mayor      ATTEST:           ________________________    Jennifer Belfield, Interim City Clerk                              Ammon City Council Meeting, December 5, 2019 Page 45 of 46 2020-021R 2020 Traffic Commission Meeting Dates Page 2 of 2 EXHIBIT – A  2020  TRAFFIC COMMISSION MEETINGS    ALL START TIME: 9:00 AM   REGULAR MEETING DATES  January 8, 2020   February 12, 2020  March 11, 2020  April 8, 2020  May 13, 2020  June 10, 2020  July 8, 2020  August 12, 2020  September 9, 2020  October 14, 2020  November 5, 2020 (MOVED FOR VETERAN’S DAY  December 9, 2020  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.  Ammon City Council Meeting, December 5, 2019 Page 46 of 46