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Council Minutes 04/18/2002 CITY OF AMMON April 18, 2002 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7:30 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Council member Karen Y. Anderson Councilmember Leslie Folsom Council member Randy G. Waite Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Sg1. Greg Black City Clerk Aleen C. Jensen Others Present: Elaine McGary, 3255 Meadow Lane, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Jay Johnson, 2125 Cabellaro Drive, Ammon Casey Dennert, Benton Engineering Eric Mittenthal, Channel 8 Kortney Rolston, Post Register Orland Bailey, 2810 Salmon Street, Ammon Jeff Freiberg, Harper Leavitt Engineering Ronald Longmore, Bonneville County Clerk Tom Rossillon, Project Engineer for Wall-Mart Keith Eddins Gail Fielding, 1554 Falcon Drive, Ammon Absent: Councilmember W. Lee Bean Council member Folsom led the Pledge of Allegiance to the Flag and Council member Waite offered a prayer. The first item of business was a report from the Planning and Zoning Commission on their special meeting held April 16, 2002. The major item on the agenda for the meeting was the Wal-Mart project. Elaine McGary reported that they reviewed the site plan, which showed two entrances on Hitt Road (25th East). The Planning and Zoning Commission recommended approval of the new site plan. The Second Amended Plat of Oak Ridge Division No.1 was recommended for approval. Tom Hunsaker continued the report for the Planning and Zoning Commission on their meeting. About three hours were spent on the Wal-Mart project and another half-hour City Council Meeting, April 18, 2002 - Page 2 on ordinance revisions. The proposed ordinance revIsions will be taken to public hearing in about three weeks. One proposal has to do with off street parking and how many spaces should we really require. This revision cleans up the ordinance. The other revision has to do with site plans, and how a site plan is to be reviewed. After their discussion, the Commission came up with a plan that should work for everybody. By way of review, a preliminary site plan will come before the Planning and Zoning Commission so they can discuss and catch things the developer needs to fix up before it can be signed off as a final site plan. When a representative of the Planning and Zoning Commission makes the report to the Council, he will present the preliminary site plan with the changes and conclusions the Commission asked for. This will give the City Council an opportunity for input. Provided the developer incorporates the changes into the final site plan, two members of Planning and Zoning Commission will sign off the final site plan. Councilmember Anderson asked if the Planning & Zoning Commission member who brings the preliminary site plan to City Council would be one of the members who signs off the final site plan. She asked this because she wondered how the City Council information is going to get convened back to who ever signs off the final site plan. The Planning & Zoning Commission did not discuss that, but it is a good point. That person could be required to be one of the two signers or detailed notes could be available for those who sign off. This procedure is going to be in the form of an ordinance. It should be easier for developers to find it if it is with the ordinances. The Second Amended Plat of Oak Ridge Division No. 1 was basically part of the residential neighborhood off the Chasewood - Curlew area. When Wal-Mart came in December, they wanted to buy a piece of the Oak Ridge property to include it in their complex. The portion of property proposed for purchase by Wal-Mart has been separated from the Oak Ridge Plat and has been approved for rezone to HC-1. Also, the second amended plat vacates public street right-of-way to eliminate Emerald Drive and to make Chasewood a private driveway into the Wal-Mart parking lot. The plat was recommended for approval. The majority of the Planning & Zoning meeting was spent on the Wal-Mart site plan. The minor part, as far as the public was concerned, was little things like will there be enough parking. It was decided there would be enough parking. Buffers were not discussed a lot because the Commission already caught that. Any place we have commercial and residential properties coming together, our ordinance now requires a six-foot barrier between those two. It can be shrubs, fences, berms, walls, or some combination. That was not on the preliminary site plan so that was something Wal-Mart was going to add. At first Tom was not going to have public input, but he was reminded when the public hearing was held in December, people wanted to have input on what the site plan would City Council Meeting, April 18, 2002 - Page 3 look like to the public. The public had not had that chance. The meeting was opened up not for public testimony but for public comments. Some of the concerns of the neighbors were for the safety of children and elderly citizens. They did not want a lot of commercial traffic on a residential street. There were various things looked at that could help. They preferred that Falcon Drive continue to be a dead end street. The Commission did not like the dead end street. By the time the last of the buildings are completed on Falcon Drive, there will be approximately 300 residences with only one access out to 17th Street. The north part of Falcon would be safer from traffic if it remained a dead end, but what would happen if the south end was blocked. The Commission determined there had to be a second exit. Our ordinance states that if a cul-de-sac is greater than 400 feet it would not permanently dead end. Falcon Street is longer than 400 feet so it does not qualify to dead end. The best solution presented was from one of the citizens. It would basically bring Falcon north the way it is then when it hits the Wal-Mart property swing it east until it hits Chasewood. However, Wal-Mart's parking lot would have no access to Falcon/Chasewood/Curlew. Wal-Mart would only use 25th East (Hitt Road) for their access. This would mean 100% of the Wal-Mart traffic would be on Hitt Road. Therefore, Wal-Mart would not be responsible for any traffic on 1 ih Street going passed the Falcon/17th Street, Curlew/17th Street or AvoceU1 ih Street intersections. We have a need for a traffic signal today. Wal-Mart sounds like they are agreeing to help us with a traffic signal as long as they are part of the problem. If we cut off access fr9m the parking lot to Chasewood/Curlew, they are not part of the problem. We need to have a way that the Chasewood/Curlew corridor can tie in to drain some of Wal-Mart traffic so that we can justify getting a traffic light that we can get help with. The Commission looked at what to do about it if Falcon Drive has to tie into the Wal- Mart parking lot. The site plan presented to the City Council has been amended since the Planning & Zoning meeting to incorporate their suggestions. The site plan that the Planning and Zoning Commission saw showed Falcon coming in and then swinging west for a distance, to make it less desirable for people to use, and then coming in to the front of the Wal-Mart parking lot. Planning & Zoning thought this would encourage too much traffic and needed to be cut back. Cut back options were considered and Planning & Zoning came up with the solution as shown on the amended plan. The vote was seven in favor and one opposed. The opposed vote was because it was believed the citizens' input was not given enough consideration. The Commission recommended four stipulations: (1) Swing Falcon Drive to the east and bring it at least halfway along the parking lot; (2) Widen the driveway coming east to Chasewood to the maximum practical; (3) Screening where the commercial and the residential meet; (4) Landscaping buffers are to be put on the north and south side of Falcon Drive going east so, when you look up Falcon, all you see is dense greenery. You can not see the parking lot. When you are in the parking lot looking south, you will City Council Meeting, April 18, 2002 - Page 4 see greenery and a road to where you do not know. It is to psychologically discourage people from using the street but have it fully available. The Planning & Zoning Commission did not require a buffer on the lot on the northeast. Wal-Mart plans to sell the lot off in the future. Whoever buys the lot will be responsible to present a site plan for approval. The site plan requirements recommended for the revisions to the ordinance state development of any residential property which allows an apartment, R-2A and above, and any non-residential property will have to bring a site plan before the Planning & Zoning Commission. The City Council reviewed the amended site plan for Wal-Mart. Attorney Joe Anderson asked Tom Hunsaker where the four stipulations should be imposed. When the final site plan is reviewed, they will be included on the final site plan. The Planning & Zoning Commission will not sign off the plan until the stipulations are incorporated. Councilmember Anderson commented that the theory behind the amended site plan is people will not figure out the access. However, people who frequent Wal-Mart will figure it out. Her concern is that the City can not control the access on to 1ih and Falcon Drive. She suggested not fooling people so they won't use Falcon, but make it so they can't use Falcon Drive. On the Wal-Mart private property can the City go in and tell them we do not like the cars using Falcon and tell them how to deal with their parking lot? Attorney Anderson said the City can control traffic. If the City wants some control over the flow in or flow out, the City can make it one-way in or one-way out on the exits or entrances. The site plan was discussed further and ideas were suggested. The amendment to the Wal-Mart annexation ordinance; the request for rezone to HC-1 for 6.46 acres in the Oak Ridge addition; and the request to vacate Emerald Drive and a portion of Chasewood Drive were conditioned upon ownership of the property by Wal- Mart. The ownership has not been finalized. The City Council approved the requests but deferred final action pending completion of the transfer of ownership to Wal-Mart. Jeff Freiburg of Harper Leavitt Engineering presented the Final Plat for Sand Creek Place Addition Division No.1 and the Second Amended Plat of Oak Ridge Division No.1. Engineer Manwill questioned whether action could be taken on the amended Oak Ridge Plat until the title was transferred to Wal-Mart. Action on the amended Oak Ridge plat was deferred. Jeff Freiburg explained the boundaries of Sand Creek Place Addition Division No.1. The boundary represents property that is not disputed. We had trouble in December with disputed boundary along Hitt Road with EITC and that has been resolved. The City Council Meeting, April 18, j2002 - Page 5 boundary designated on this plat represents the resolution. As far as everyone is concerned the plat, as presented, is the final version that should be recorded. The driveway easements were not shown on the plat. They can be added for clarity. The driveway easements and other details of the plat were explained. Council member Anderson moved to approve the Final Plat for Sand Creek Place Addition Division NO.1. Councilmember Folsom seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Waite - Yes. The motion carried. Tom Rossillion, Project Engineer, did a general overview of the revised version of the Wal-Mart site plan. The 38.5 acre-site is broken into six lots. Wal-Mart store and parking field is the main lot. There is 8 1/2 acres of excess property to the north for commercial development, which will be subject to site plan review. There are three out lots. One is in the southwest corner, one is between the two entry drives, and one is north near the Meppen Canal crossing. These are retail outlets for future sale and development. The future lease lot just south of the south entrance is a gas lot. It will be a gas station associated with Wal-Mart. Behind the store is the primary detention pond. It is about six feet deep to serve the entire property including the excess property and the out lots. The south entry is the main entry drive off Hitt Road (25th East) and it will be signalized. All the Wal-Mart truck traffic will be required to use Curlew/Chasewood. They try to keep the customer traffic to the front and the truck traffic to the back. The landscape plan still needs to be updated and coordinated. They will work together to meet the landscape requirements, the screening, and the buffering. Wal-Mart will do maintenance on the small section on Falcon. There will be a five-lane configuration all the way on Hitt from 1 ih Street to the Meppen Canal and then taper back into the three-lane configuration. The sidewalk will cross the bridge over the canal and then stop. Regarding the drainage, everything basically will come back on to the Wal-Mart site. There is an underground storm system that drains into the pond. Wal-Mart has started the design on the traffic light at 17th and Curlew anticipating there is going to be requirements for that light. There has never been a formal indication that Wal-Mart is going to put the light in, but there has been a definite impression that it needs to go in. There is a real expectation that it is going in so Wal-Mart has been working on a design. Wal-Mart feels like their component of traffic is not the entire component. They would like to do some cost sharing with the City. Wal-Mart will benefit a little at that location with the truck traffic. There will be advanta~es for getting in and out of their second entry and for making the crossing over on 1 i Street. Council member Folsom stated her opinion. There is a big difference between when you build in Idaho Falls and when you build in Ammon. Check our taxes. On $10,000,000 you save approximately $80,000.00 in taxes between Ammon and Idaho Falls. In addition there is about $77,000.00 that Idaho Falls does not call impact fees, but that is basically what it is. Her philosophy is that, especially if the property value goes over City Council Meeting, April 18, 2002 - Page 6 $10,000.000 Wal-Mart should be able to pay back the traffic light by building in Ammon within one year. We are a low tax base. We need the traffic light. It is the only way we can keep as much traffic off Falcon. Also, the Hillview residents are going to be impacted heavily. Councilmember Folsom's feeling is that Wal-Mart gets to put the traffic light in. Before Wal-Mart gets a certificate of occupancy the light has to be put in. It is not something that can have a time lag. It has to be put in immediately. Tom Rossillon stated that, if the light goes in, it goes in as part of the construction package. The Mayor and the rest of the City Council agreed with Councilmember Folsom that Wal-Mart has to put the traffic light in. The Final Site Plan for Wal-Mart will be prepared and sent to Engineer Manwill for review. The traffic light will be in the Final Site Plan. Councilmember Anderson thought about the Wal-Mart/Falcon access more, but she couldn't figure out how to do it. She explained her philosophical problem with the site plan. She saw what Wal-Mart brought in Tuesday night. It seemed fairly evident that Wal-Mart wanted to make an advantageous use for themselves of Falcon Drive. She does not blame Wal-Mart for that. The site plan Councilmember Anderson saw at this meeting helps a little bit but you just jog right instead of left and you still drive up passed Wal-Mart. She thinks Wal-Mart is going to want to use Falcon since it is on their property and they are going to put the road in. Wal-Mart wants to use Falcon somewhat to their advantage. City of Ammon has a different interest. The City is going to vacate a public right-of-way to Wal-Mart. That public right of way would have been used to get Falcon Drive a second access. She would like to see on the site plan or in the development agreement that it is very clear that City of Ammon does not intend for Wal- Mart to make advantageous use of Falcon Drive. The entrance is there for the convenience and exchange for vacating the right-of-way so we can get Falcon traffic over to Chasewood and not so we can get Falcon people into Wal-Mart. Mayor Ard said that we need to make sure in our development agreement that the City has the option to make the access one way. Councilmember Anderson said maybe we don't want it a one way out, but she would like Wal-Mart to be under obligation if traffic starts going down Falcon Drive that they need to work with the City to implement the best solution. Mayor Ard added that the City has to keep control. Tom Rossillon stated that the attorneys for Wal-Mart would want everything spelled out in the development agreement. The City Council discussed the Falcon Drive access, a traffic study, and level of service. Engineer Manwill recommended that, when the level of service changes, the City Council needs to study it to see if there is something to modify so the level of service can be brought back to where it was. Councilmember Anderson thought the City should say if the level of service drops to B then Wal-Mart should help the City with a solution. There was further discussion on level of service. City Council Meeting, April 18, 2002 - Page 7 Councilmember Folsom moved to agree with the site plan for Wal-Mart with the following stipulations: The City has the right to have Wal-Mart do a traffic study when we feel that the pattern has directly impacted Falcon because of Wal-Mart. That any level of service changes from A to C or one drop in lettering, if it is directed to Wal-Mart only, that we will work together with Wal-Mart, probably at Wal-Mart's expense, to make the changes to our accessibility on to Falcon appropriate. We also have the option to change to a one-way street if we feel that would be a quicker option to the traffic study. A traffic light is put in at 1 yth and Curlew Drive prior to occupancy of the building so it is done the same time as the development, at Wal-Mart's expense. The stipulations shall be noted in the development agreement. Council member Waite seconded the motion. Councilmember Anderson called for a question on procedure of approval of site plans by the City Council. The Planning & Zoning Commission is working on the procedures for approval of site plans. Engineer Manwill advised this would be secondary approval and Planning and Zoning would still make the final approval. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried. Councilmember Folsom added a comment for Pheasant Estate homeowners. The decision on Wal-Mart was not made lightly. A lot of studies have been done. The City Council has used their best judgement and hope that it is right. Apartments are normally used as a buffer between single family and commercial. Another consideration was to get as much traffic off Falcon as possible. The traffic light should pull traffic away from Falcon Drive. The tree buffering is hoped to give the illusion that Falcon Drive is a dead end street. The trees and berms should also buffer some of the sound. The City is liable if Falcon Drive does not go through. Some of the advantages were pointed out. A representative of Pheasant Estates responded. They did not get exactly what they came in asking for, but they feel they did get a fair compromise. The Planning & Zoning Commission did consider Pheasant Estate homeowners' concerns in making their recommendation. They are not entirely happy with everything. They were never against the Wal-Mart development. The compromise is something they can live with. Pheasant Estates Homeowners were not unhappy. Representatives attended City Council meeting to make sure there were no decision changes. Mayor Ard stated that it is hoped the City maintains enough control to be able to deal with the problems. Pheasant Estates regulations specify where the children are to play. Councilmember Folsom was concerned that the regulations, as she understood them, teach the children to play in asphalt areas. This would indicate it gives permission to play in the street. It was understood the regulations state children are to play in the playground. Additional drafting is needed on the development agreement. The City Officials and Wal-Mart officials have to agree on the language and to live with the final terms. The Arave property, which Wal-Mart is buying, has two development agreements attached. Wal-Mart would like the part of the Arave property they are buying not subject to the development agreements signed by Arave but have all of the property to be developed City Council Meeting, April 18, 2002 - Page 8 by Wal-Mart subject to a development agreement signed by Wal-Mart officials. Attorney Anderson advised the appropriate thing would be, when the City enters into an agreement with Wal-Mart, that the City rescinds the previous agreements on the Arave portion. Wal-Mart plans to close on the property sometime in May. The Councilmembers would like to review the final draft of the Wal-Mart development agreement before it is accepted by the City. Casey Dennert of Benton Engineering presented the Preliminary and Final Plat for Briarwood Division No.6. The Planning and Zoning Commission reviewed the plat on March 5 and they recommended approval. They had concerns about the number of cul- de-sacs and the inconsistency in interpreting the requirements for parks by City Council and by Planning and Zoning. Council member Folsom asked Jay Johnson, developer, to address the strip of dead land between McDonalds Farm and the Briarwood subdivision. Jay Johnson explained there is twenty-seven feet (27') of county land owned by Kelly Howell. You can not develop something you do not own. It is not in the City of Ammon. If it were brought into the City, it would put an odd jog into the City. The reason Kelly Howell skipped developing it as part of McDonalds Farm was because of the cost to take care of it. It includes an irrigation ditch that feeds ten properties on Ammon Road and the town houses. By leaving the strip out of McDonalds Farm, the developer got to ignore an irrigation ditch problem. Jay Johnson proposed a plan to eliminate the ditch to Progressive Irrigation. However, to eliminate the ditch would require all the involved property owners to enter into an agreement. There has not been any interest in setting up some type of association to monitor a different irrigation system. Jay Johnson dropped the problem because the ditch is not on his property and the land is not annexed into the City of Ammon. Jay Johnson does not feel the twenty-seven feet of property is his problem. Engineer Manwill explained that when McDonalds Farm was platted Bonneville County addressed the same issue from the other side. They asked the developer why he was not developing to the property line. The developer said Lawrence Ricks had asked that the twenty-seven (27) feet of property be left out of the County plat because of the irrigation ditch. It was said, when Lawrence Ricks' property develops, that strip of property would be platted. That was 25 years ago. Now what is happening, the Lawrence Ricks' farm is being developed. The developer is saying we do not own the twenty-seven (27) feet so we can not do anything about it. Lawrence Ricks' ditch did run over on to Leonard McDonald's property, but Lawrence and Leonard did not have a problem with it. Jay Johnson recommended that the City initiate getting the property owners, that have water rights in the ditch, together to work out a solution. Johnson was not interested in owning the strip of property, but he has tried to work out a solution to do a clean project City Council Meeting, April 18, 2002 - Page 9 for all parties. He is of the opinion that the City needs to initiate the action. There is twenty-seven (27) feet of "no man's land" between the County and the City. Discussion followed to help identify the issue and clarify the problem. Engineer Manwill said anytime there is a plat adjacent to another he thought it is appropriate for the City to say they need to tie in. Regarding the 27' strip, it is really up to Johnson to annex it or Kelly Howell to annex it. Kelly Howell could file an amended County plat and attach the strip to the McDonalds Farm lots. The Planning and Zoning Commission expressed concern about the County strip when they recommend approval of the Briarwood Division No. 6 plat. Also they recommend that the developers make provisions for Adam Lane in McDonald's Farm to be tied in to Adam Lane in Briarwood Division NO.6. The discussion continued. Mayor Ard pointed out that no one present had authority to do anything about the strip of land. It is not wrong to think it should be done. Engineer Manwill suggested extending the Briarwood lot lines back to match the McDonalds Farm lot line. Kelly Howell would then become signature to the plat. City of Ammon could annex the property and then show a 27' ditch easement. The easement would belong to each of the lots but they could not use it as long as the ditch is there. When the ditch becomes non-useable or is abandoned, then the property belongs to each of the lots and the owners could move back to occupy it. Whoever owned the ditch would have to maintain it. Jay Johnson recognized this suggestion as a short-term solution to a long-term problem. The townhouse owners do not want the irrigation ditch. They do not want it in their backyard. They do not want the land. It just gets more complicated. Councilmember Anderson thought the owners in McDonalds Farm would more likely want to have the strip deeded to them. She was opposed to approving a plat that creates a known dead end street. The plat provided for the Adam Lane to connect, but it can not connect until the twenty-seven feet is addressed. Tom Hunsaker explained how Warm Springs Meadows connects with Briarwood Division NO.6. Warm Springs Meadows is not involved with the 27 feet. The City can require that the 27 feet be included in the Briarwood Plat or the McDonalds Farm Plat. It puts a burden on Jay Johnson to work out with Kelly Howell who will include it. Jay Johnson suggested the City call a meeting with the ten property owners involved with the ditch to mediate the problem. More discussion. Councilmember Folsom moved to have the City Clerk send a letter to the ten property owners who have water rights in the irrigation ditch in the 27 feet of undeveloped property between the McDonalds Farm and Briarwood to invite them to a meeting on May 1st at 7:30 p.m. in the City Building to help decide a long range solution regarding the irrigation ditch and transferring ownership of the property to adjacent owners. City Council Meeting, April 18, 2002 - Page 10 Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes; The motion carried. Engineer Manwill was requested to be at the meeting because he is knowledgeable about the history of the issue. Tom Hunsaker of the Planing & Zoning Commission and Kelly Howell, owner, should also be invited. It was suggested the City Council plan to be at the meeting by 7:15 p.m. to take care of any last minute details. Jay Johnson agreed to help put together a letter for the property owners. Action on the Briarwood Division No. 6 Plat was deferred pending the meeting on May 1. (The meeting scheduled for May 1 was later cancelled because the ten properties were being considered for annexation with County Islands at a hearing before the Planning & Zoning Commission). Casey Dennert of Benton Engineering opened the discussion on the Final Plat of Trailwood Village Division No.2. The Planning and Zoning Commission considered this plat at their meetings on August 7 and September 4, 2001. On August 7, 2001 the Planning and Zoning Commission recommended approval on the condition that the owner applies for a rezone to establish a zone of R-1 for the lots that were part R-1 and part R-2A. Another condition was to limit the accesses on to John Adams Parkway for the lots that can access on to another street. This means that only Lot 55 and Lot 56 of Block 4 would access on John Adams Parkway. Councilmember Anderson pointed out another consideration. The Commission recommended that the improvements on Tie Breaker Drive be taken care of before construction on the homes begins so that the construction traffic could come through from 1 yth Street instead of the residential neighborhood. The Planning and Zoning Commission reviewed the Final Plat of Trailwood Village Division No. 2 Final Plat again on September 4, 2001. At this meeting the motion to recommend approval resulted in a tie vote of four Yes and four No. Grobergs did not want to rezone the lots with two zones. They believed what they had planned would fit on the lots. They were ready to go ahead with development, but agreed to clean up the zoning at a later date. The City Council approved the Preliminary and Final Plat for Trailwood Village Division NO.2 with the stipulation that only Lots 55 and 56 of Block 4 would access on John Adams Parkway. The City Council determined all that was left to do was for Engineer Manwill to review the improvement drawings and the City Council to accept the development agreement. Councilmember Folsom moved to approve the development agreement for Trailwood Village Division NO.2 with the exception that Lots 55 and 56 of Block 4 will be the only lots allowed driveways to access on John Adams Parkway. Councilmember Anderson City Council Meeting, April 18, 2002 - Page 11 seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Waite - Yes; The motion carried. Council member Folsom will address the letter from Lee Gagner regarding the park development in Eagle Pointe. The developer has not added any dirt to the rocky areas. The City Office needs items from the City Council for the spring newsletter. Council member Folsom wanted the parking ordinance information included. Councilmember Anderson prepared some information on dogs. Also, she wanted to offer to provide monthly information bye-mail to any of the residents who express an interest. The City Council talked about a City Planner for Ammon. Councilmember Anderson presented some information that she had gleaned. She talked to several people who had input and she wanted to share the information. She asked members of the Planning and Zoning Commission about the need for a City Planner. She talked with Tom Hunsaker, Elaine McGary and Greg Maeser. None of them felt Ammon was to the point where we needed a planner. Everyone felt Ron Folsom was invaluable on Planning & Zoning, and they did not want to give him up as a voter on the issues. One member thought the growth would not continue like it has been. David Wadsworth is the Zoning Administrator. It was thought, if David and Engineer Manwill did most of the technical work, the Chairman could assign someone from the Commission to work with a specific developer. At the AIC meeting, Councilmember Anderson asked Jerry Mason how a city of our size could afford to have a City Planner. His answer was how could a city afford not to have a City Planner. He suggested an option of sharing a planner with another City. Council member Anderson suggested a solution until we have a City Planner. If a developer contacts the City and wants to work with a planner, the information could be funneled to the Planning and Zoning Commission Chairman. The Chairman could assign someone to work with that developer and the assigned person would be the planner from the start of the project to the end. He would act like the planner and on that issue would not vote. He would not have to step down from the Commission on the other issues. He would still be a voting member on any issue that he is not working on as a planner. There is a problem if a voting member of either Planning and Zoning or City Council works with a developer on a project and then votes on issues relative to the project. Jerry Mason believes a planner is essential to a community and, based on that feeling, he believes the planner needs to be a trained professional. It would be useful for an assigned planner to be able to tell a developer that he is the planner on an appointment from Planning and Zoning. Engineer Manwill commented on planning issues that he believes there should be continuity. The problem with a different person handling each case is you get different feelings. He agreed with Jerry Mason. How can you afford not to have a planner? If you can get a planner at no cost, it is a winning situation. He compared the three planners that he has dealt with, which are Renee Magee from City of Idaho Falls, Steve Serr from Bonneville County, and including Ron City Council Meeting, April 18, 2002 - Page 12 Folsom. Engineer Manwill is more comfortable with the decisions Ron comes up with and the information that he generates. Councilmember Anderson agreed with Engineer Manwill. She did not have any problems with the abilities of Ron. Her concern is if Ron decided not to act as planner the City would probably be in a position to have to hire a professional planner. Once we start down the road we need to be committed. Tom Hunsaker asked what a planner would do when he meets with a developer that David Wadsworth, who serves as the Zoning Administrator, would not be able to handle. Time is a problem. Engineer Manwill added that generally a planner has to be the consistency to make sure each one is the same. The developer comes in with one concern and that is his development. A planner has to take it from a personal thing to a uniform application. He does spend quite a bit of time with each of the developers to see what the specifics of that development are and then put it in context of this is what is done in the City. Council member Anderson explained it is not a decision that needs to be made right now. She just wanted everyone to know about some of the feed back. We do have the possibility of a workable solution until a decision is made. Sargent Greg Black was in attendance to report law enforcement activities. Council member Folsom asked if he was doing parking enforcement on the abandon cars, diesels, etc. Public Works Director Wadsworth is working with Sargent Black on parking. He will plan to attend the event in McCowin Park on July 13, with the Ammon law enforcement vehicle. Police work in Ammon has been busy. On Saturday afternoons, the traffic on 1 th Street and Hitt Road is terrible. There have been so many crashes of people trying to get in and out of the parking lots. City of Idaho Falls has the major responsibility for Hitt Road but Bonneville County does get calls there. Sargent Black explained the problem. It was suggested there ought to be longer green time on the left turn lane. This is a busy time of year. Gawn Reid reported that the City of Ammon Arbor Day celebration will be Friday, April 26 at Tiebreaker Elementary school from 1 :00 p.m. to 2:00 p.m. Plans are to plant three fairly mature trees. The plan is to purchase two Linden trees and a Norway maple from Sunnyside Gardens. The bill for the trees should be sent to the City Office. Gawn also asked permission to use nine of the fence stakes from Peterson Park that are not being used any longer. There are also some blue spruce seedlings to be planted to build a windbreak. A Public Hearing before the Planning and Zoning Commission has been advertised for Tuesday, May 7, 2002, to consider annexation of the County Islands. Mayor Ard researched the increase in cost for property taxes. On a $100,000 property valuation, the increase would be about $66 per year. The Fire Department has requested a new fire rating. If Ammon gets a lower rating, that will help offset the increased cost. The financial difference in being annexed to Ammon should not be much greater for the City Council Meeting, April 18, 2002 - Page 13 property owner. The Ammon West LOS Stake youth are making plans to do a service project. They want to do projects for both City of Idaho Falls and City of Ammon. There will be 150 to 200 youth available for about four hours. They may be able to help with the park in Eagle Pointe if it is organized. City Clerk Jensen explained that legislative changes require the City to set a budget hearing date and to notify Bonneville County of the date. We need to do our hearing earlier than we originally planned. The hearing needs to be scheduled for August. Mayor Ard and City Clerk Jensen will choose a date, probably the second meeting in August. Recent legislation addressed the building code. The State of Idaho has adopted the International Building Code for 2000 and it is to be adopted by all entities in the state. City of Ammon will need to adopt an ordinance in the near future to implement the code. We have had concerns about GASS 34. We will be required to add this program. However, because our total budget is less than $10,000,000 we will have two years before it needs to be in place. We will not have to capitalize our existing assets. Mayor Ard announced a change in the City Council assignment for the Planning and Zoning Commission. Council member Randy Waite will assume the responsibility to replace Councilmember Karen Anderson. Reports: David Wadsworth reported for Public Works. Attorney Anderson introduced Ordinance No. 307 by title AN ORDINANCE AUTHORIZING THE CITY OF AMMON TO REQUEST INFORMATION ON THE CRIMINAL HISTORY OF APPLICANTS FOR CITY LICENSES, OR FOR CITY EMPLOYMENT, FROM THE IDAHO STATE POLICE AND THE FEDERAL BUREAU OF INVESTIGATION; AUTHORIZING THE CITY CLERKS OFFICE OF THE CITY OF AMMON TO RECEIVE CRIMINAL HISTORY INFORMATION FROM THE IDAHO STATE POLICE AND FROM THE FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF EVALUATING THE FITNESS OF APPLICANTS; ANY DISSEMINATION OR OTHER USE OF THE CRIMINAL HISTORY INFORMATION IS PROHIBITED. The suggested ordinance indicated there should be a separate authorization for each category of license. It did not seem necessary to list each category. The ordinance was written to include anyone the City Council thinks we want a criminal history on who is applying for a license or employment. The ordinance was read in full. It was suggested that the Council pass the ordinance and request FBI approval before it is published. City Council Meeting, April 18, 2002 - Page 14 Council member Folsom moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three readings of Ordinance No. 307 be waived. Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried. Councilmember Folsom moved the adoption of Ordinance No. 307 as an ordinance of the City of Ammon on its third and final reading. Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried. Council member Anderson reminded everyone that Fire Department volunteers will be at Wal-Mart on Saturday, April 20, between the hours of 11 :00 a.m. and 4:00 p.m. Fire Chief Nelson would be happy to have the City Officials join them. Engineer Manwill has the background traffic count on Georgia Lane which the City Council requested for Todd and Terri Johnston's home occupation. The count is 40 to 45 cars per hour during most of the afternoon and between 7:00 a.m. and 9:00 a.m. That is less than one per minute. The total daily average count is 440, which is about 5% of the capacity of the road. Bids were opened this morning on the Sunny Heights project, which is part of the Sunnyside Road project. This includes the frontage road and the sound walls just east of the historic trees on the opposite side of the road. HK was the low bidder for $237,500. It still has to be resolved, but it is the City of Idaho Falls' expense. Claims were approved. Council member Anderson moved to adjourn to an Executive Session to discuss personnel matters. Council member Folsom seconded the motion. Voting was all in favor. The regular City Council meeting was adjourned. Mayor Attest: City Clerk