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09.17.2020CouncilPacket AMMON CITY COUNCIL MEETING THURSDAY, SEPTEMBER 17, 2020 7:00 P.M. 2135 SOUTH AMMON ROAD LIMITED SEATING WILL BE AVAILABLE IN THE CITY BUILDING MASKS ARE REQUIRED, TEMPERATURES MAY BE TAKEN AT THE DOOR THE MEETING WILL ALSO BE AVAILABLE VIA ZOOM: https://us02web.zoom.us/j/2086124000?pwd=d1NFL1QvM0NPRmV3VTRsYmNrbitUZz09 Dial In: 1-669-900-6833 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 Slack Prayer Council Member Tibbitts B.CONSENT AGENDA: 1.Accounts Payable Report: Exhibit A 2.Minutes: i.September 3, 2020 Regular Meeting ii.September 10, 2020 Work Session C.PROCLAMATIONS AND ANNOUNCEMENTS D.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) E.ACTION ITEMS: 1.Contract for Services Imagine Idaho Action (Bruce Patterson, Technology Director) 2.Comprehensive Plan Land Use Map Amendment - 1st Street Harding Area (Cindy Donovan, City Planner) F.PUBLIC HEARINGS: 1.2020-020: Guardian Homes 1st Street Subdivision Annexation G.ACTION ITEMS: 3.Comprehensive Plan Land Use Map Amendment - County and City Areas (Cindy Donovan, City Planner) 4.Zone Change - Village Green Corner of Trailwood and Chasewood (Cindy Donovan, City Planner) 5.Final Plat Stosich, Formerly South Commercial Property (Cindy Donovan, City Planner) st 6.Final Plat - Kartchner 1 Street Community Division Three (Cindy Donovan, City Planner) 7.Approval/Rejection of Ammon Road Sewer Bid (Tracy Bono, City Engineer) 8.Approval/Rejection of Well 13 Bid (Tracy Bono, City Engineer) H.DISCUSSION ITEMS: 1.Staff Items i.Resolution 2020-011R City Fee Schedule Update (Micah Austin, City Administrator) 2.City Council Items 3.Items I.ADJOURN Ammon City Council 09/15/2020Page 1 of 96 AMMON CITY COUNCIL MEETING THURSDAY, SEPTEMBER 3, 2020 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 Tibbitts Prayer Council Member Wheeler B.CONSENT AGENDA: 1.Accounts Payable Report: Exhibit A 2.Minutes: i.August 15, 2019, Regular Meeting (edited) ii.August 20, 2020, Regular Meeting C.PROCLAMATIONS AND ANNOUNCEMENTS D.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit) AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD) E.ACTION ITEMS: 1.Ordinance 643 Ammon Lighting Districts No. 1 through No. 10 Annual Appropriations FY20-21 (Jennifer Belfield, Finance Director) F.PUBLIC HEARINGS: 1.2020-030: Updated Annual Appropriations 2020-2021 (Fiscal Year 2021) G.ACTION ITEMS: 1.Ordinance 644 Fiscal Year 2020-2021 Annual Appropriation (Jennifer Belfield, Finance Director) 2.Findings of Fact, Conclusions of Law, and Decision Rocking R Subdivision (Cindy Donovan, City Planner) 3.Ordinance 642 and Summary Annexation of Rocking R Subdivision (Cindy Donovan, City Planner) 4.Annexation Agreement Rocking R Subdivision (Cindy Donovan, City Planner) 5.Approval/Rejection of Woodland Hills Playground Bid (Micah Austin, City Administrator) H.DISCUSSION ITEMS: 1.Staff Items 2.City Council Items 3.Items I.ADJOURN MINUTES City Officials Present: Mayor Sean Coletti Council President Russell Slack Councilmember Rex Thompson Councilmember Scott Wessel Councilmember Craig Tibbitts Councilmember Byron Wiscombe Councilmember Josh Wheeler City Attorney Weston Davis City Administrator Micah Austin City Planner Cindy Donovan City Finance Director Jennifer Belfield City Engineer Tracy Bono (via Zoom) City Clerk Kristina Buchan Ammon City Council 09/15/2020Page 2 of 96 A.CALL TO ORDER: Mayor Sean Coletti opened the meeting at 7:00 p.m. at the Ammon City Hall building located at 2135 South Ammon Road. Council Member Tibbitts led the Pledge of Allegiance and Council Member Wheeler offered a prayer. B.CONSENT AGENDA: a.Accounts Payable Report: Exhibit A b.Minutes: i.August 15, 2019, Regular Meeting (edited) ii.August 20, 2020, Regular Meeting City Clerk Buchan explained the presence of the minutes from August of 2019 noting that a portion of the minutes related to the Water Proclamation were not accurate. The record was edited to include the appropriate information related to the proclamation. Council also discussed a few items within the Exhibit A with clarification from Staff. It was moved by Council Member Tibbitts and seconded by Council Member Wheeler to approve the consent agenda. Motion passes unanimously with vote by roll call C.PROCLAMATIONS AND ANNOUNCEMENTS Mayor Coletti presented the Extra Mile awards to Ethan Clapp and Brianna Birkinbine. Both received the award for their continued commitment to the City and their excellent work. D.PUBLIC COMMENT: Brendan Kester, 4631 Ladyhawk Lane, (via Zoom) discussed previous conversations regarding the intent behind the Ammon Annexation Ordinance. Mr. Kester brought up comment from a meeting in August of 2019 where staff discussed the intent behind the ordinance and what role it would play in future annexationslocations throughout the City often require different treatment. Council President Slack reviewed portions of the ordinance that allow for flexibility for staff and property owners interested in annexations into the City. AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD) It was moved by Council Member Tibbitts and seconded by Council Member Slack to move into the Lighting District Board. Motion passes unanimously with vote by roll call E.ACTION ITEMS: a.Ordinance 643 Ammon Lighting Districts No. 1 through No. 10 Annual Appropriations FY20-21 (Jennifer Belfield, Finance Director) financial. It was moved by Council Member Slack and seconded by Council Member Wiscombe to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Motion passes unanimously with vote by roll call It was moved by Council Member Slack and seconded by Council Member Wiscombe to accept the fiscal year 2021 Annual Appropriations Ordinance 643 for the Ammon Lighting Districts 1 through 10. Motion passes unanimously with vote by roll call It was moved by Council Member Tibbitts and seconded by Council Member Wheeler to end the Lighting District Board and return to regular Council activity. Motion passes unanimously with vote by roll call RETURN TO AMMON CITY COUNCIL E.PUBLIC HEARINGS: Ammon City Council 09/15/2020Page 3 of 96 1.2020-030: Updated Annual Appropriations 2020-2021 (Fiscal Year 2021) Finance Director Belfield explained the reasoning for the second hearing on the budget adding that the final numbers, after input from the state, changed the numbers slightly within the budget and required an additional hearing to take place. Belfield added that the Ammon Tax Levy has decreased for the fifth year in a row, and remains one of the lowest levies in the state. Mayor Coletti opened the Public Hearing. Belfield noted that she did not receive any written comment on the budget, there were no members of the public present to comment on the budget. Mayor Coletti closed the Public Hearing and moved back into regular business. J.ACTION ITEMS: 1.Ordinance 644 Fiscal Year 2020-2021 Annual Appropriation (Jennifer Belfield, Finance Director) There was no further discussion on the Fiscal year 2021 Annual Appropriations. Recommendation - Staff Recommends to adopt Ordinance 643 and 644 and waive the three readings. Summary of Analysis 1. June 11 Work Session all department heads attended the meeting and we all discussed the details of the Ammon budget. 2. July 9 Work Session the budgets were presented for general approval, and the binders were provided. 3. August 6 was the public hearing on the budgets. There were no items contended. 4. When we published for the public hearings on August 6 we estimated property taxes. After publishing, we received the final numbers. We republished for a public hearing September 3, 2020 to address the property taxes only. In the publication we included forgone, we will actually not be taking the forgone. 5. If we take the 3% increase, our levy rate will update to 0.002548805, reducing for the 5th year in a row. The difference to a resident on a $100,000 taxable value (meaning home is valued at $200,000 property taxes paid would be $254.88. 6. Financial Impact impacted by the budget. balance below the desired investment policy levels. It was moved by Council Member Wheeler and seconded by Council Member Slack to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Motion passes unanimously with vote by roll call Ammon City Council 09/15/2020Page 4 of 96 It was moved by Council Member Wheeler and seconded by Council Member Slack to approve Ordinance 644 accepting the fiscal year 2021 Annual Appropriations Ordinance for the City of Ammon. Motion passes unanimously with vote by roll call 2.Findings of Fact, Conclusions of Law, and Decision Rocking R Subdivision (Cindy Donovan, City Planner) Included in Full in Permanent Record City Administrator Austin explained the information included within the Findings of Fact and Conclusions of Law. Council discussed the implications of the studies that would take place at a later time and what role Council would have in considering those studies along with the developments in the future. Austin clarified that all studies would come forward before Council when the property in question was ready to be developed and Council would have the ability to make changes or require more studies in the future. City Planner Cindy Donovan reviewed each of the special conditions included within the Annexation Agreement. Austin reminded Council that all documents that had been presented to Council could be revised to Council Member Wheeler questioned what the next steps would be regardless of the decision made and how the required studies would play into future development of the location. Austin clarified that the studies would be presented with future plat and development discussions and Council would uidelines and how they play into this particular issue. Council Member Thompson noted that low density housing zones are the default on the comprehensive plan map and that each annexation is different. Thompson reviewed annexations that have residential and commercial near one another and how each area was treated to adequately respond to the concern of proximity. Council and Staff discussed input from applicants in consideration of the proposed land use and what role general compliance maintains in issues related to the Comprehensive Plan. City Attorney Weston Davis commented that the Idaho Supreme Court has considered a Comprehensive Plan to be a guideline and not a rule. He added that while it cannot be ignored, it can, and should, be amended when appropriate. Tom Hunsaker, 2925 Carolyn Lane, provided an explanation for Council based on his experience as part of the County Planning and Zoning Commission noting that there are many theories on zoning and that many examples of how land use should be guided exist and each area should be considered to properly annex and use the land. Mayor Coletti noted that Figure Three was a recommendation and was not appropriate in every sense. Council Member Wessel commented on other neighborhoods with commercial property near residential property throughout the City and how each area was considered on a case by case basis when annexing and developing. Council Member Wiscombe noted that he was grateful for the process in play during the hearings and proposals for development and comments coming from residents on both sides of the issue. Wiscombe also added that he was grateful for developers willing to develop new areas and the public process by which annexations happen. Council President Slack commented on items brought forward from the Public Hearing held at a previous meeting and thanked Staff for including details within the staff report that responded to each objection. Also added that no process should be financially burdensome to discourage property owners from development of their community. Council Member Tibbitts noted the disagreement coming from residents and questioned what role those comments play in the process. Wessel noted examples of locations that have been brought forward to Council with concerns that have not moved forward. Ammon City Council 09/15/2020Page 5 of 96 It was moved by Council Member Slack and seconded by Council Member Wiscombe to accept the Findings of Fact, Conclusions of Law, and Decision. Motion passes unanimously with vote by roll call 3.Ordinance 642 and Summary Annexation of Rocking R Subdivision (Cindy Donovan, City Planner) It was moved by Council Member Slack and seconded by Council Member Wessel to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Motion passes unanimously with vote by roll call It was moved by Council Member Slack and seconded by Council Member Tibbitts to adopt Ordinance No. 642 and summary as an ordinance of the City of Ammon on its third and final reading thereby annexing the named territory into City Limits. Motion passes unanimously with vote by roll call 4.Annexation Agreement Rocking R Subdivision (Cindy Donovan, City Planner) It was moved by Council Member Slack and seconded by Council Member Wessel to approve the Annexation Agreement for the Rocking R Subdivision. Motion passes unanimously with vote by roll call 5.Approval/Rejection of Woodland Hills Playground Bid (Micah Austin, City Administrator) Administrator Austin reviewed the bids received for the Woodland Hills Playground explaining that the proposed bid to be accepted was the only bid received that was within the proposed budget. Council also discussed the need for approval of within budget projects noting that being informed of the projects would suffice but they did appreciate having the information reviewed. It was moved by Council Member Tibbitts and seconded by Council Member Wheeler to accept the Great Western Recreation proposal of equipment and bid of $79,985.78. Motion passes unanimously with vote by roll call K.DISCUSSION ITEMS: 1.Staff Items 2.City Council Items 3. L.ADJOURN The meeting was adjourned at 8:37pm _____________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council 09/15/2020Page 6 of 96 2135 SOUTH AMMON ROAD CITY COUNCIL WORK SESSION THURSDAY, SEPTEMBER 10, 2020 4:30 P.M. AGENDA A.CALL TO ORDER: Mayor Sean Coletti at 4:30 p.m. B.PROCLAMATIONS AND ANNOUNCEMENTS 1.Constitution Week September 17-23 C.ACTION ITEMS: 1.Contract for Services with the Idaho Falls Senior Center D.DISCUSSION ITEMS: 1.Nuisance Ordinance 2.REDI Presentation E.ADJOURN MINUTES City Officials Present: Mayor Sean Coletti Council President Russell Slack Councilmember Rex Thompson Councilmember Scott Wessel Councilmember Craig Tibbitts Councilmember Josh Wheeler City Attorney Scott Hall City Administrator Micah Austin City Engineer Tracy Bono Fire Marshal Keith Banda City Clerk Kristina Buchan City Officials Absent: Councilmember Byron Wiscombe A.CALL TO ORDER: Mayor Sean Coletti opened the meeting at 4:30 p.m. at the Ammon City Hall building located at 2135 South Ammon Road. B.PROCLAMATIONS AND ANNOUNCEMENTS a.Constitution Week September 17-23 PROCLAMATION Whereas, September 17, 2020 marks the two hundred and thirty- third anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and Whereas, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate the occasion; and Ammon City Council 09/15/2020Page 7 of 96 Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the th President of the United States of America designating September 17 through rd 23 as Constitution Week. Now, Therefore I, Sean Coletti, Mayor of the City of Ammon, do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK And ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties remembering that lost rights may never be regained. th PROCLAIMED AND SIGNED this 10 Day of September 2020 C.ACTION ITEMS: a.Contract for Services with the Idaho Falls Senior Center City Administrator Micah Austin introduced representatives from the Idaho Falls Senior Center for the Meals on Wheels Program. Austin gave a background on the discussion explaining the previous conversations related to t st 535 W 21 St, Idaho Falls, ID, spoke on behalf of the Senior Center noting that it has been difficult to provide needed meals and noted that around 20% of the recipients of the program are residents of Ammon. Council discussed the intricacies of the program and how residents receive access to the program as well as a breakdown of the costs associated with the program. It was moved by Council Member Tibbitts and seconded by Council Member Wessel to fund $2,000 to the Idaho Falls Senior Center Meals on Wheels Program for FY 2021. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ D.DISCUSSION ITEMS: a.REDI Presentation Teresa McKnight from REDI presented a PowerPoint to Council on the 2019 and 2020 actions by REDI. McKnight gave a brief introduction of herself and the general purpose of REDI before delving into achievements and goals. Council then discussed the focus of REDI and how it benefits Ammon and growth in the area. b.Nuisance Ordinance Fire Marshal Banda and Administrator Austin updated Council on internal discussion that had taken place since Mr. Darrah last presented to Council. Austin noted the difficulties related to implementing an ordinance that would limit activities taking place on private properties. Banda reviewed health and safety regulations and how they are enforced currently. Council discussed options for the City and options for Mr. Darrah going forward including approaching Idaho DEQ for input and further brainstorming for solutions. c.Council discussed with Staff how information ought to be provided to Council regarding action items. Council agreed that having full staff reports assists them in making an informed decision. E.ADJOURN The meeting was adjourned at 7:20pm _____________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council 09/15/2020Page 8 of 96 Ammon City Council 9/17/20 Mayor Coletti and City Councilmembers: Contract for Services with Imagine Idaho Action, Inc. Staff Presenting: Bruce Patterson, Technology Director Recommendation -Staff recommends approval of the contract and authorize the Mayor to sign. Summary of Analysis 1.Imagine Idaho is the branding for an organization focused on Idaho broadband education and advocacy. 2.Imagine Idaho Foundation Inc is a C3 that houses the education, public outreach effort. Messaging will be driven by the foundation. Sean Coletti will serve as one of the board members. 3.Imagine Idaho Action Inc is a C4 that houses the advocacy effort. This effort will be focused primarily within the State of Idaho to clarify and establish clear local authority to build, own and operate broadband infrastructure only not service. There will also be a federal effort focused on improving the percentage of federal broadband funds coming into Idaho for public broadband infrastructure. 4.There is already good philanthropic support 5.This contract provides $2,400 of support from Ammon ($1,200 in 2020 and $1,200 in 2021). Financial Impact -Approval of this contract will result in a $1,200 cost to the fiber department in the 2020 budget year and a $1,200 cost to the fiber department in the 2021 budget. -Ammon will also be providing ongoing leadership and technical support. - -Imagine Idaho provides an opportunity to create a coalition around the local broadband authority issue. -Any future contracts will need to be evaluated based on merit. Motion the Contract for Services with Imagine Idaho Action and authorize the Attachments: 1.Contract for Services Imagine Idaho Action Inc. Ammon City Council 09/15/2020Page 9 of 96 CONTRACT FOR SERVICES (City of Ammon and Imagine Idaho Action, Inc.) ___ day of November, 2019, by and between the CITY OF AMMON, an Idaho municipal corporation AmmonIMAGINE IDAHO ACTION INC., an Idaho non-profit IMAGINE IDAHO RECITALS A.Ammon has the authority to enter into contracts and to take such steps as are reasonably necessary to maintain the health, safety and welfare of the City; B.IMAGINE IDAHO provides specialized services that benefit the City and residents that the City of Ammon does not provide; C.It is in the best interest of the public health, safety, welfare, and prosperity of the City to support the services that IMAGINE IDAHO provides for Ammon citizens and these activities, and any costs associated therein, are determined to be ordinary and necessary expenses for the economic well-being of Ammon and its residents; D.Ammon desires to contract with the IMAGINE IDAHO to provide services that will protect property owner rights within Ammon city limits by clarifying, improving and protecting local authority for broadband infrastructure; E.The parties acknowledge and agree that all funds paid to the IMAGINE IDAHO under this Agreement shall be used to provide services for Ammon for the purpose of clarifying, improving and protecting local authority for broadband infrastructure; and F.Subject to the terms and conditions of this Agreement, the parties wish to enter into this agreement to provide the services described herein. AGREEMENT NOW THEREFORE, Ammon and IMAGINE IDAHO, for and in consideration of the preceding recitals, mutual promises and covenants hereinafter set forth, do hereby agree as follows: 1.Consideration. In consideration for providing the services provided herein, Ammon agrees to pay $2,400 to IMAGINE IDAHO to subsidize local broadband authority advocacy costs to IMAGINE IDAHO in 2019-2020. Subject to the terms and conditions set forth herein, Ammon shall make one $1,200 payment on or before September 30, 2020 and a second $1,200 payment on or before October 31, 2020. 2.Term. Unless terminated pursuant to Section 7(B) of this Agreement and Ammon City Council 09/15/2020Page 10 of 96 notwithstanding the date of execution hereof, this Agreement shall be in effect from October 1, 2019, until September 30, 2020. 3.Scope of Services. IMAGINE IDAHO shall provide the following services: i.$2,400 of the funds will be used to subsidize local broadband authority advocacy costs within the State of Idaho. Such advocacy activity may include research, public education, and lobbying. 4.Budget, IRS Filings, Annual Work Plan, Monthly Record Keeping and Availability of Records. a.Budget. Upon request from the City of Ammon, IMAGINE IDAHO shall submit a 2019 Year-to-Date P&L and Balance Sheet for IMAGINE IDAHO, which is satisfactory to Ammon showing income, expenses and particular fund balances. The IMAGINE IDAHO shall submit its current Operating Budget to Ammon when such budget has been approved by the IMAGINE IDAHO Board. This operating budget shall contain sufficient information and detail to permit meaningful review by the public. b.IRS Filings. Upon request from the City of Ammon and after execution of this Agreement, the IMAGINE IDAHO shall submit to Ammon IRS Form 990 and all associated documents for the previous two (2) years of operation. c.Financial Accounting and Reporting Requirements. Upon request from the City of Ammon, the IMAGINE IDAHO shall submit to Ammon a year-end financial statement which shall be prepared in a format that details the expenditure of Ammon funds paid to the IMAGINE IDAHO under the terms of this Agreement. The City may request additional financial information it deems necessary or appropriate to assist the City in verifying the accuracy of the IMAGINE IDAHOs financial records. Any duly authorized agents of the City shall be entitled to inspect and audit all books and records of the IMAGINE IDAHO only for compliance with the terms of this Agreement. In the event the financial report indicates that funds were used for purposes not permitted by this Agreement, the IMAGINE IDAHO shall remit the disallowed amount to Ammon within thirty (30) days of notification by Ammon of such improper expenditures. d.General Requests. Upon request, and within a reasonable time period, the IMAGINE IDAHO shall submit any other information or reports relating to its activities under this Agreement to Ammon in such form and at such time as Ammon may reasonably require. e.Retention of Records. The IMAGINE IDAHO agrees to retain all financial records, supporting documents, statistical reports, client or membership records and contracts, property records, minutes, correspondence, and all other accounting Ammon City Council 09/15/2020Page 11 of 96 records or written materials pertaining to this Agreement for three (3) years following the expiration or termination of this Agreement. Ammon, at its own expense, may review or audit the financial transactions undertaken by the IMAGINE IDAHO under this Agreement to ensure compliance with the terms and conditions herein with reasonable prior notice and during the normal business hours of the IMAGINE IDAHO. 5.Payments. To receive payments for the services described in Section 3 of this Agreement, the IMAGINE IDAHO may be required by the City Council of the City of Ammon to submit quarterly reports of activities. 6.Record of Funds. In order to insure proper financial accountability, the IMAGINE IDAHO shall maintain accurate records and accounts of all funds received from Ammon, keeping such accounts and records separate and identifiable from all other accounts, and making such accounts and records available to the City during normal business hours, on request of the City. Compliance with this provision does not require a separate bank account for the funds. The funds paid to the IMAGINE IDAHO by Ammon shall be expended solely for operations and activities in conformance with this Agreement. Further, no such funds shall be transferred, spent, loaned or encumbered for other IMAGINE IDAHO activities or purposes other than for operations and activities in conformance with this Agreement. 7.Miscellaneous Provisions. a.Notices. All notices to be served pursuant to this Agreement or which are served with regard to this Agreement shall be sent by certified mail, return receipt, to the parties at the following addresses: City of Ammon 2135 S. Ammon Rd. Ammon, Idaho 83406 Imagine Idaho Action PO BOX 7006 Ketchum, ID 83340-7006 All notices of changes of addresses shall be sent in the same manner. b.Termination. The parties hereto covenant and agree that in the event Ammon, in its sole and absolute discretion, lacks sufficient funds to continue paying for the IMAGINE IDAHO services under this Agreement, Ammon may terminate this Agreement without penalty upon thirty (30) days written notice. Upon receipt of such notice neither party shall have any further obligation to the other. In the event of early termination of this Agreement, the IMAGINE IDAHO shall submit to Ammon a report of expenditures authorized by this Agreement as Ammon City Council 09/15/2020Page 12 of 96 of the effective date of termination. Any Ammon funds not encumbered for authorized expenditures at the date of termination shall be refunded to Ammon within twenty (20) days. c.Independent Contractor. Ammon and IMAGINE IDAHO hereby agree that the IMAGINE IDAHO shall perform the Services exclusively as an independent contractor and not as employee or agent of Ammon. The Parties do not intend to create through this Agreement any partnership, corporation, employer/employee relationship, joint venture or other business entity or relationship other than that of independent contractor. The IMAGINE IDAHO, its agents and employees shall not receive nor be entitled to any employment- related benefits from Ammon including without limitation, compensation insurance, unemployment insurance, health insurance, retirement benefits or any benefit that Ammon offers to its employees. The IMAGINE IDAHO shall be solely responsible for the payment of all payroll and withholding taxes for amounts paid to the IMAGINE IDAHO under this Agreement and for the IMAGINE IDAHO Agreement by the IMAGINE IDAHO, its agents and employees; and the IMAGINE IDAHO hereby releases, holds harmless and agrees to indemnify Ammon from and against any and all claims or penalties, including without limitation the 100% penalty, which in any manner relate to or arise from any failure to pay such payroll or withholding taxes. d.Compliance With Laws/Public Records. The IMAGINE IDAHO acknowledges that Ammon is a public agency subject to the Idaho Public Records Act. The IMAGINE IDAHO will communicate with and cooperate with Ammon upon request by Ammon so as to identify, address, potentially disclose, and evaluate exemptions as necessary for records that may be subject to Idaho public records law. e.Non-assignment. This Agreement may not be assigned by or transferred by the IMAGINE IDAHO, in whole or in part, without the prior written consent of Ammon. f.Hold Harmless Agreement. The IMAGINE IDAHO shall indemnify, defend and save and hold harmless Ammon, its officers, agents, and employees, from and against any and all claims, loss, damages, injury or liability, including but not limited to, the misapplication of Ammon funds, state or federal anti-trust violations, personal injury or death, damages to property, liability arising out of the use of materials, concepts, or processes protected by intellectual property rights and liens of workmen and material men, howsoever caused, resulting directly or indirectly from the performance of the Agreement by the IMAGINE IDAHO. g.Entire Contract. This Agreement contains the entire contract between the parties hereto and shall not be modified or changed in any manner, except by Ammon City Council 09/15/2020Page 13 of 96 prior written contract executed by both parties hereto. h.Succession. This Agreement shall be binding upon all successors in interest of either party hereto. i.No Third Party Beneficiaries. This Agreement shall not create any rights or interest in any third parties. j.Law of Idaho. This Agreement shall be construed in accordance with the laws of the State of Idaho. k.Severability. If any clause, sentence, or paragraph of this Agreement is held by a court of competent jurisdiction to be invalid for any reason, such decision shall not affect the remaining portions, and the parties do now declare their intention that each such clause, sentence, or paragraph of this Agreement is a separate part hereof. l.Preparation of Contract. No presumption shall exist in favor of or against any party to this Agreement as a result of the drafting and preparation of the document. m.No Waiver. No waiver of any breach by either party of the terms of this Agreement shall be deemed a waiver of any subsequent breach of the Agreement. n.. In the event either party hereto is required to retain counsel to enforce a provision of this Agreement, to recover damages resulting from a breach hereof or if either party defaults in the performance of this Agreement, the prevailing party shall be entitled to recover from the other party all o.Conflict of Interest. No officer or director of the IMAGINE IDAHO who has decision making authority either by them self or by vote, and no immediate family member of such individual, shall have a direct pecuniary interest in any contract or subcontract for work to be performed in connection with this Agreement. The IMAGINE IDAHO shall incorporate or cause to be incorporated in all such contracts, a provision prohibiting such interest pursuant to this provision. Ammon City Council 09/15/2020Page 14 of 96 IN WITNESS WHEREOF, the parties hereto have caused this Contract for Services to be executed on the day and year first written above. CITY OF AMMON IMAGINE IDAHO ACTION _______________________ _______________________________________ Sean J. Coletti, Mayor Wendolyn Holland, Agent ATTEST: ______________________________ Kristina Buchan, City Clerk Ammon City Council 09/15/2020Page 15 of 96 Ammon City Council 09/15/2020Page 16 of 96 Ammon City Council 09/15/2020Page 17 of 96 Legend Church School Industrial Light Commercial Heavy Commercial Low Density Residential Mixed Use E 65th S Med Density Residential Cemetery Med-High Density Residential Park/Green Space High Density Residential THE CITY OF AMMON DISCLAIMS ANY WARRANTY OF FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESS OR IMPLIED, WITH RESPECT TO THIS PRODUCT. Tracy Bono, City Engineer, tbono@ci.ammon.id.us (208) 612-4028 ~ Carol Ellison, GIS Specialist, cellison@ci.ammon.id.us (208) 612-4056 Ammon City Council 09/15/2020Page 18 of 96 Ammon City Council 09/15/2020Page 19 of 96 Ammon City Council 09/15/2020Page 20 of 96 Ammon City Council 09/15/2020Page 21 of 96 Ammon City Council 09/15/2020Page 22 of 96 Ammon City Council 09/15/2020Page 23 of 96 96 of 24 Page 09/15/2020 Council City Ammon Ammon City Council 09/15/2020Page 25 of 96 To: Honorable Mayor and Distinguished City Council Members Via email to: maustin@cityofammon.us Re: Hearing set for September 17, 2020 for ratification of the Annexation and Zoning decision made by the City of Ammon Planning and Zoning Committee on August 19, 2020. Date: September 9, 2020 I respectfully request that a ratification be made on the night of the hearing, September 17, 2020 for the following reasons: Multiple Real Estate transactions started in April, 2020. Approached Bonneville County Zoning in May, 2020 and were referred to City of Ammon as this property is in the Ammon Impact Area. City of Ammon Planning & Zoning Meeting delay due to COVID (June). City of Ammon Planning & Zoning Meeting delay due to time limitations from past hearings (July). City of Ammon Planning & Zoning meeting held August 19, 2020. Expected final decision that night. Received notification that the City of Ammon Planning & Zoning decision had to be approved by Ammon City Council at next meeting (could not be August 20, 2020, because of notice requirements. Next available date September 3, 2020. Notifications were not posted by deadline for the September 3, 2020 meeting. Delayed until September 17, 2020. Real Estate contracts/transactions in excess of $1M expired August 31, 2020. Extension of 30 days was granted to finalize ķĻğķƌźƓĻ Ʒƚ ĭƌƚƭĻ źƭ ƓƚǞ {ĻƦƷĻƒĬĻƩ ЌЉͲ ЋЉЋЉ ƚƩ ķĻğƌƭ ğƩĻ ƚŅŅ. Please consider the benefits of this project to City of Ammon, including: Housing: Beautiful, yet affordable single family attached dwellings Attracts non-transient residents who are vested in their community Improves single family dwelling v. multiple family dwelling ratios Financial: Provides additional tax revenue for the City of Ammon Funds a portion of the First Street road widening project Adds additional potential customers for Ammon Fiber project Safety: Adds additional entrance(s) to the subdivision North of the subject property o Improves traffic flow o Critical emergency vehicle access Earlier completion of First Street road widening project along subject property Removal of driveway(s) on First Street (rerouting to the side street(s) At the August 19, 2020 Planning and Zoning meeting, the Planning and Zoning chairman confirmed that (paraphrased) since the last time the Annexation and Zoning request was made for this property \[in 2017\], they have done everything that we asked them to do to obtain the requested Annexation and Zoning Ammon City Council 09/15/2020Page 27 of 96 Consider the beautiful neighborhood that will replace agricultural land that is not large enough to grow crops, with homes and land that are deteriorating. Ammon City Council 09/15/2020Page 28 of 96 Alternately, consider the potential use of the land as presently zoned. These critters are pretty cute when they are small. However, as they grow and are raised on a large scale (approximately 35 per acre), the scene drastically changes. Ammon City Council 09/15/2020Page 29 of 96 This type of land use would be an eyesore and nuisance to the community and would certainly not enhance the City of Ammons development plan. Ammon City Council 09/15/2020Page 30 of 96 As property owners, it is our right to utilize our land and make a return on our investment. I think we would all agree that a nice neighborhood with the proposed affordable housing project is a much more palatable alternative to other types of usage. Thank you for your time and consideration in this matter. Sincerely, Mariann Waggoner Ammon City Council 09/15/2020Page 31 of 96 Ammon City Council 09/15/2020Page 32 of 96 Ammon City Council 09/15/2020Page 33 of 96 Ammon City Council 09/15/2020Page 34 of 96 Legend THE CITY OF AMMON DISCLAIMS ANY WARRANTY OF FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESS OR IMPLIED, WITH RESPECT TO THIS PRODUCT. Ammon City Council 09/15/2020Page 35 of 96 Tracy Bono, City Engineer, tbono@ci.ammon.id.us (208) 612-4028 ~ Carol Ellison, GIS Specialist, cellison@ci.ammon.id.us (208) 612-4056 Ammon City Council 09/15/2020Page 36 of 96 Ammon City Council 09/15/2020Page 37 of 96 Ammon City Council 09/15/2020Page 38 of 96 Ammon City Council 09/15/2020Page 39 of 96 Ammon City Council 09/15/2020Page 40 of 96 Ammon City Council 09/15/2020Page 41 of 96 Ammon City Council 09/15/2020Page 42 of 96 Ammon City Council 09/15/2020Page 43 of 96 Ammon City Council 09/15/2020Page 44 of 96 Ammon City Council 09/15/2020Page 45 of 96 Ammon City Council 09/15/2020Page 46 of 96 Ammon City Council 09/15/2020Page 47 of 96 Ammon City Council 09/15/2020Page 49 of 96 Ammon City Council 09/15/2020Page 51 of 96 Ammon City Council 09/15/2020Page 52 of 96 Ammon City Council 09/15/2020Page 53 of 96 Ammon City Council 09/15/2020Page 54 of 96 96 of 55 Page 09/15/2020 Council City Ammon Ammon City Council 09/15/2020Page 58 of 96 Ammon City Council 09/15/2020Page 59 of 96 Ammon City Council 09/15/2020Page 60 of 96 Ammon City Council 09/15/2020Page 61 of 96 Ammon City Council 09/15/2020Page 62 of 96 Ammon City Council 09/15/2020Page 63 of 96 96 of 64 Page 09/15/2020 Council City Ammon Ammon City Council 09/15/2020Page 67 of 96 Ammon City Council 09/15/2020Page 68 of 96 Ammon City Council 09/15/2020Page 69 of 96 Ammon City Council 09/15/2020Page 70 of 96 Ammon City Council 09/15/2020Page 71 of 96 Ammon City Council 09/15/2020Page 72 of 96 Ammon City Council 09/15/2020Page 73 of 96 Ammon City Council 09/15/2020Page 74 of 96 Ammon City Council 09/15/2020Page 75 of 96 Ammon City Council 09/15/2020Page 76 of 96 Ammon City Council 09/15/2020Page 77 of 96 Ammon City Council 09/15/2020Page 78 of 96 Ammon City Council 09/15/2020Page 79 of 96 Ammon City Council 09/15/2020Page 80 of 96 Ammon City Council 09/15/2020Page 81 of 96 Ammon City Council 09/15/2020Page 82 of 96 Ammon City Council 09/15/2020Page 83 of 96 Ammon City Council 09/15/2020Page 84 of 96 Ammon City Council 09/15/2020Page 85 of 96 Ammon City Council 09/15/2020Page 86 of 96 Ammon City Council 09/15/2020Page 87 of 96 Ammon City Council 09/15/2020Page 88 of 96 Ammon City Council 09/15/2020Page 89 of 96 Ammon City Council 09/15/2020Page 90 of 96 Ammon City Council 09/15/2020Page 91 of 96 Ammon City Council 09/15/2020Page 92 of 96 Ammon City Council 09/15/2020Page 93 of 96 Ammon City Council 09/15/2020Page 94 of 96 Ammon City Council 09/15/2020Page 95 of 96 Ammon City Council 09/15/2020Page 96 of 96