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Council Minutes 9/12/2006 (149) I I I 117 May 19, 1994 CITY OF AMMON May 19, 1994 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to order at 7: 30 P.M. by Mayor Building, 3270 Molen Street, Ammon, Idaho, with the present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Steven J. Loveland Councilman Greg J. Maeser C. Bruce Ard at the City following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David City Clerk Aleen C. Jensen Wadsworth Others Present: Vern C. Hutchens, 2710 East 17th Street, Ammon Roland T. Romrell, 1450 South Rimline Drive, Idaho Falls Reese L. Brown, 1750 Falcon Drive, Ammon Leonard, Renon, Tasha, Jacob and Corin Hartley, 3800 Geneva, Ammon Fran Noble, 2240 Dove Drive, Ammon Bea Hardison, 3585 East Sunnyside Road, Ammon James Wolski, 3620 Vaughn Street, Ammon Max and Ruth Walker, 1820 Falcon Drive, Ammon Terry and Nonalee Turner, 490 Tie Breaker Drive, Ammon Russell and Elsie Owen, 2940 Teton Street, Ammon Tim Kaser, 2600 Salmon, Ammon Jerry Phillips, 1530 Falcon Drive, Ammon Susanne Hawkins, 1980 Falcon Drive, Ammon Kevin A. Wilding, 2245 Avocet Drive, Ammon Ryan Armbruster, Legal Counsel, P. O. Box 1539, Boise, Idaho 83701 Harlan Mann, Consultant, 3800 North 33rd Street, Boise, Idaho 83703 Robert Moore, Vice President of Cantlon Properties, 7050 Union Park Center, Midvale, Utah 84047 Eric Davis, Cantlon Properties, 101 South Capitol Blvd. ,Suite 1820, Boise,ID 83702 Brad Hall, Member of Ammon Urban Renewal Agency Committee, 1895 Cabellaro Drive Michael Nye, Manager Shelley Office, Utah Power Dave Jorgensen, Keith Jorgensen's Music, 3050 E. 17th Street, Ammon Clifford Long, Chairman of Bonneville County Commissioners Tony Huegel, Post Register Reporter Mark Killian, 3250 Ross Avenue, Ammon Jeff Summers, East Central Idaho Planning and Development Association The Pledge of Allegiance to the Flag was directed by Councilman Crandall, and the invocation was offered by Councilman Maeser. Mayor Ard opened the Public Hearing to consider the Hitt Road Urban Renewal Plan ("Plan") of the Urban Renewal Agency of the City of Ammon. All parties in interest who desired to present testimony were sworn in. Jeff Summers of East Central Idaho Planning and Development Association explained the Urban Renewal Agency and the Urban Renewal program. The Agency is separate from the City but is set up by the City composed of members of the community who formulate a plan for the purpose of encouraging new development. The plan is financed with increment or increased taxes. The tax structure was explained and questions on taxation were called for. There was citizen concern that increment tax belongs to Ammon and should be used for Ammon. It was pointed out that the City of Ammon and the other eligible taxing districts will still receive the base tax. The increment tax will be generated only if development occurs. Hitt Road is a public road, but it lies within the boundaries of the City of Idaho Falls. Robert Moore, Vice President of Cantlon Properties, discussed the site plans. At this time they propose to develop Phase I. This phase includes Albertsens, a few smaller stores, and three separate pads. It is not unusual to use redevelopment funds to improve public right-of-way. Hitt Road is controlled by the City of Idaho Falls, but the improvements will benefit the site which is in Ammon. Development created a financial situation, and the developer looked to the redevelopment agency to assist the project and help it to happen. The two major costs involved are relocation of the canal and widening and improvement of Hitt Road. Concerning an inquiry about the status of Hitt Road access approval from the City of Idaho Falls, the developers indicated approval had not been finalized but they are more optimistic about the progress. Falcon Street residents were interested in site plan details that relate to their property. They were assured the plans include a buffer of an eight (8) foot block wall to be located where the chain link fence is now. The canal width is planned for seventy (70) feet, and it will be landscaped as a parkway. Another area of interest was project cost. It was brought out that the residents understood from earlier meetings that Cantlon was responsible to finance the whole ,I 118 May 19, 1994 project. Now it appears Cantlon plans to develop on tax money. Economically the project can't materialize without assistance, but it will not take any tax dollars the City is now getting. The tax dollars to be used will be those created by developing the project. Projected costs are detailed in the "Plan". Urban Renewal funds will be used principally for relocation of Sand Creek and improvements to Hitt Road. It was questioned about City of Idaho Falls cooperation and whether or not they will match any funds. Brad Hall of the Urban Renewal Agency Committee explained they discussed costs thoroughly and the "Plan" presented shows the most the City of Ammon is willing to contribute to Hitt Road development from Urban Renewal funds is 50%. It is estimated that it will take 17 to 20 years to repay the Urban Renewal bond. When the bond is retired the tax monies will go to the taxing entities for normal distribution. A former Ammon resident commented that Ammon had been supporting Idaho Falls for a I hundred years. Ammon has been a bedroom community, and their business has gone to Idaho Falls. Now it is time for Idaho Falls to reciprocate. Michael Nye of Utah Power asked about Hitt Road. Improvements planned for Hitt Road include widening for the length of the project then tapering into the existing road, the East 17th Street intersection extending north about 250 feet, and signalization. Developers were cautioned to be aware of the high voltage power line. It was recommended the developers and the power company physically assess the situation. Dave Jorgensen, operator of a business on East 17th Street, discussed commercial development and enhanced valuation. He pointed out there is a lot of other undeveloped commercial property in Ammon, and he was concerned about what affect Cantlon's development would have on that property. Robert Moore commented that historically cities try to establish where commercial development will go and to a large extent they can control it. However, the ultimate decision of where commercial development goes rests with the tenant. The anchor stores Cantlon has worked with have only been interested in this piece of property or something west of Hitt Road. This property located at East 17th Street and Hitt Road is probably the finest commercial property in the City of Ammon, and if that is the highest and best use of the property, it should be developed. It should not kill the future development in other areas if you look at the growth that has occurred in the last few years. Brad Hall stated he had been very careful in making decisions regarding this development, and he believed the right development in this location will draw I more people toward the area and enhance the development of East 17th Street in Ammon. Questions were asked about the green belt area. A site plan which showed the green belt in color was reviewed for the public. They were interested in the size, noise control, and especially maintenance. The Corps of Engineers and Flood Control District require native habitat along the stream bed. Access will be from the commercial area, and that side will feature more tailored landscaping with a bike path. Cantlon strives for quality projects and pays attention to details. Ammon residents should be very happy with the project. The construction time table was discussed. Phase I extends south to where the mobile home park begins and includes the north half of the storage unit property. Adequate security will be provided during construction. Urban Renewal financing is with a non-recourse bond that does not require an election. Cantlon Properties up fronts the financing until Urban Renewal funds are available. There will be no costs to residents of the City of Ammon. Positive benefits to Ammon were pointed out. A question was posed as to whether or not City of Ammon would get extra money to fix up other areas such as the existing parks, street repair, and street sweeping. Ammon will receive the base property tax but will not realize any of the increase tax generated by the project until the bond is paid off. There are other benefits besides property tax. For example, there will be a good commercial area, improved general appearance, and a more attractive entrance to the City. Ammon needs to address improvements to existing facilities because they are not as well kept as they could be. A good community attracts nice homes and businesses. I Urban Renewal Agency committee members reviewed what Urban Renewal will do as specified in the "Plan". Proper Notice of Hearing was made, and the public was given adequate time for their input. Generally those present were in favor of the proj ect being assisted by Urban Renewal financing. However, the public was very much concerned about costs and that Ammon will benefit. Mayor Ard closed the Public Hearing at 8:50 P.M. and regular business of the City Council continued. Councilman Crandall directed a question to Brad Hall, member of the Urban Renewal Agency committee. "Is it the recommendation of the Urban Renewal Agency committee I I I I 119 May 19, 1994 that the City Council accept the proj ect as presented in the 'Plan'? Is it a unanimous recommendation from the committee?" Hall responded that the members of the committee debated the issue back and forth at several lengthy meetings. The proposal as now on the table has been approved by all of the members. Councilman Crandall reported he had struggled with it because of the dollar amount and particularly the canal moving. Hall stated Crandall wasn't the only one who struggled with it. The committee has worked hard to develop the "Plan", and after some compromise, it is appropriate for Urban Renewal development. The citizens of Ammon will benefit from what is planned. The things the committee felt were not good for the community or the things the citizens would not gain from are out. When the "Plan" is accepted by the City Council, the next step is for the committee to negotiate with the developer on a participation agreement. Mayor Ard called for a motion on the "Plan". The Council expressed their opl.nl.ons. Councilman Crandall moved to accept the recommendation of the Urban Renewal Agency Committee and approve the Hitt Road Urban Renewal Plan ("Plan"). The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Loveland - Yes. The motion carried unanimously. Attorney W. Joe Anderson introduced Ordinance No. 237, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMMON, IDAHO, APPROVING THE HITT ROAD URBAN RENEWAL PLAN WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS; ANDPROVIDING AN EFFECTIVE DATE. Following the introduction, Attorney Anderson read Ordinance No. 237 in full for the first reading. Councilman Maeser moved to waive the second reading of Ordinance No. 237, to place it on its third and final reading by title only, and to adopt Ordinance No. 237 as an ordinance of the City of Ammon. The motion was seconded by Councilman Loveland. Attorney Anderson read Ordinance No. 237 by title only. Roll call vote: Maeser- Yes; Loveland - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. Terry and Nonalee Turner, 490 Tie Breaker Drive, requested a home occupation permit to operate PWC Rental. Turners want to purchase two sit-down watercrafts and trailers and offer them for rent to the public. An information packet was submitted by the applicants to show how they plan to comply with the home occupation permit requirements as specified in C.C. 11-5-27H. The Council was concerned about storage because Turners plan to park them in their backyard. The Turners did not feel the backyard storage would detract from the residential appearance of their property because, if they were to purchase the watercrafts and not rent them, there would be no problem with the backyard storage. The watercrafts will be maintained in top operating condition at all times so it will not be as if they would be parked in the backyard to deteriorate. The Council questioned thoroughly about the storage and advised,if the City receives any neighborhood complaint, the Council will ask for a permit review. Councilman Hall moved to grant a home occupation permit to Terry and Nonalee Turner, 490 Tie Breaker Drive, dba PWG Rental, as requested. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Loveland - Yes; Maeser - Yes. The motion carried unanimously. Leonard Hartley, 3800 Geneva Drive, requested renewal of a business license for Hartley Enterprises (Hartley Family) to operate a concession stand from their backyard into Peterson Park. The City Code 11-5-13 requires City Council approval of park concessions. Councilman Maeser stated he believed Hartley's business provided a good service. Councilman Maeser moved to grant a renewal business license to Harley Enterprises for a Peterson Park concession. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Mrs. Hartley called attention to a broken pole connected with the chain link fence in Peterson Park. This is a real hazard that needs correction. Mark Killian, 3250 Ross Avenue, discussed vandalism in Peterson Park. He asked for the park lights to be restored to help control the problem. Considerable vandalism has occurred, and the residents wondered how to report an incident. When they call the Bonneville County Sheriff's office, the report goes over the scanner, and the offenders pick up the report immediately. It was suggested maybe they could get assistance from some of the officers who live in the neighborhood. Council members reported Gerald "Jerry" Mitchell and Paula Loveland have expressed a willingness to serve on the BMPO Citizens Advisory Committee. Mayor Ard recommended the Council approve the appointment of Mitchell and Loveland. Councilman Crandall moved to approve the recommendation of Mayor Ard to appoint Gerald "Jerry" Mitchell and Paula Loveland to the BMPO Citizens Advisory Committee. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Loveland - Yes; Hall - Yes. The motion carried unanimously. The Mayor asked that a letter be prepared to notify the appointees. 120 May 19, 1994 Engineer Benton, acting as a representative for the developer, reviewed plans to amend the Pheasant Estates Planned Unit Development (PUD). Part of the project was built about 1977, but due to lack of funds the proj ect was not completed. The original units are condominiums, but it is proposed to develop the remainder of area with single story townhouses with attached garages. Jerry Phillips represented the Pheasant Estates Homeowners' Association to obtain information on the proposed plans. Mr. Phillips advised the homeowners' agreement provided any amendment must be approved by the Condo Homeowners' Association. Engineer Benton advised the original PUD declarations only applied for five years. Robert Nixon, owner / developer, and Mike Armstrong, builder, are not asking to be part of the Pheasant Estates Condo Association because financing is difficult for condos. They want to find out what approval is necessary to get the PUD concept approved with the new configuration of the proposed units. It was determined the plan should be submitted to the Planning and Zoning Commission on June 7, 1994. After the Planning and Zoning review, the City Council will take action probably following the conditional use permit procedures. I Reports: Public Works Director David Wadsworth reported for Public Works. The water pressure is better now that Well No. 7 has been turned on. There have been considerable citizen complaints about the condition of the parks. It is difficult to keep the playground facilities in repair. Another area is maintenance of the bathroom facilities. It was susggested the City look seriously at providing portable restrooms. Councilman Crandall recommended Public Works Director Wadsworth provide some input for the new budget process on upgrading and property maintenance of the parks. A new lawn mower should be considered for the 1995 FY. The Council authorized hiring some part time help for the park for this season. Engineer Benton informed the Council that he has a proposal to present to the Planning and Zoning Commission on June 7, 1994, from a lumber company to develop the Hatch property which lies between Valley Care Center and the Chambers Addition and extends to the north. Some of the property needs to be rezoned and some of it needs annexation with initial zoning. Councilman Hall reported a citizen had complained to him about the condition of the roads in the City of Ammon. The road improvement schedule was discussed. Costs need to be obtained and plans put together for this season. Councilman Maeser and Mayor Ard have a meeting with Sheriff Byron Stommel at 2:00 I P.M. on Monday, May 23, 1994. Councilman Loveland expressed surprise at all the negative comments about the condition of the parks. Public Works Director Wadsworth agreed to investigate some portable restroom facilities. Councilman Hall moved to approve the minutes of City Council Meeting held May 5, 1994. The motion was seconded by Councilman Crandall. Roll call vote: Hall- Yes; Crandall - Yes; Maeser - Yes; Loveland - Yes. The motion carried unanimously. City Clerk Jensen called attention to changes in budget preparation for the 1995 FY. Legislation effective July 1, 1994, requires public notification if there are any plans to increase fees. Claims were approved. Councilman Maeser moved to adjourn the meeting, and the motion was seconded by Councilman Loveland. The meeting was adjourned at 10:20 P.M. ~g ATTEST ~ r!. rJLA~ CITY CLERK i/ I