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Council Minutes 12/06/2001 CITY OF AMMON December 6, 2001 Minutes of the Public Hearings and the Regular Meeting of the Mayor and City Council of the City of Ammon: 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 W. Lee Bean Council member Harvey L. Crandall Council member Leslie Folsom Councilmember Ira K. Hall Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Others Present: Thomas M. Rossillon, 165 South Union Blvd., Suite 200, Lakewood, CO 80228 Miles LaRowe, Eastern Idaho Technical College Kim H. Leavitt, Harper Leavitt Engineering Jeff Freiberg, Harper Leavitt Engineering Tom Hunsaker, 2925 Carolyn Lane, Ammon Ron Folsom, 2750 Sawtooth Street, Ammon Preston Lockyer, 1845 Curlew Drive, Ammon Robert Hawthorm, 6400 Uptown Blvd., Albuquerque, NM 87110 Jim and Colene Flamm, 2935 Chasewood Drive, Ammon Lynn and Vickie Jones, 1472 Falcon Drive, Ammon Sarah Childers, 2985 Devonwood, Ammon Gail Fielding Neihart, 1554 Falcon Drive, Ammon Dick and Kathie Rice, 1524 Falcon Drive, Ammon Bart M. Davis, P. O. Box 50660, Idaho Falls, 1083405 Casey Dennert, Benton Engineering Kortny Rolston, Post Register Mary Ann Carlsen, 640 North Woodruff, Idaho Falls Bill Roberts, Idaho Falls Randy Waite, (Councilmember Elect), 2235 Cabellaro Drive, Ammon Ryan Hales, Salt Lake City, Utah Bob Riplinger, 2891 Chasewood Drive, Ammon Karen Anderson (Councilmember Elect), 755 Tie Breaker Drive, Ammon City Council Meeting, December 6, 2001 - Page 2 Councilmember Folsom led the Pledge of Allegiance to the Flag, and Councilmember Crandall offered a prayer. Four Public Hearings pertaining to the proposed Wal-Mart development were advertised for this meeting. Notice of Hearing for each one was published in the Post Register on November 20 and November 27, 2001. Notices were mailed to property owners within five hundred (500) feet and to other interested parties. Mayor Ard opened the first Public Hearing to consider the request to change the Comprehensive Plan Future Land Use Map by increasing the commercial use designation on the east side of 25th East (Hitt Road) between 1 ih Street and the proposed John Adams Parkway. Parties in interest were sworn in to present testimony. Jeff Freiberg of Harper Leavitt Engineering introduced Kim Leavitt of Harper Leavitt, who would talk about surveys used for the project; Tom Rossillon of Denver, engineer for the project, who would talk about site plans; and Ryan Hales of Salt Lake City, who would discuss traffic issues. Jeff Freiberg explained the request to change the Comprehensive Plan, and he pointed out the area on the map. At present there is only a narrow strip of property designated as commercial. It is proposed to designate the whole area being considered for development by Wal-Mart as commercial. There are various uses surrounding the area. Tom Hunsaker reported on the recommendation of the Planning and Zoning Commission. The majority of the area is not annexed to the City of Ammon and is governed by Bonneville County zoning. When the Land Use Map for Ammon was revised, most of the area was left low density in keeping with its agricultural use. The Commission unanimously agreed that it made sense to take the entire property in question and to take it from a low density residential and change it to commercial. The change was recommended no matter who goes in there. Bart Davis represented the State of Idaho, the State Board of Education, and Eastern Idaho Technical College. The amendment to the Comprehensive Plan includes property that belongs to the State of Idaho. Based on the legal description published in the notice, they object. The City was urged to consider that the ground on the western side of Hitt Road, which is opposite the property under consideration, is all R- 1. That property is not in the City of Ammon, but he asked that it be considered. Council member Crandall asked what property was being contested. It was described as the proposed access. City Council Meeting, December 6,2001 - Page 3 Council member Folsom asked if Bart Davis was a member of the Legislature. He is. She further questioned if there was a conflict of interest. The response was "No." He functioned at the hearing not as a State Senator, but as an independent attorney hired by the State to perform the work. He was hired by the Attorney General's office. He works specifically for Mr.Terry Koppel, who is Deputy Attorney General responsible for contracts. In addition, he has a contact with the Deputy Attorney who works with the State Board of Education. These are the two principal people that he reports to. He reminded that the issue is "Does the State own the ground?" Councilmember Crandall asked the members of the Planning and Zoning Commission for clarification on the property immediately east of Hitt Road. Tom Hunsaker explained that the area along Hitt Road, which is colored pink on the Land Use Map, is designated as commercial and the white area is low density. The issue is regarding changing the use designation on the interior property. The City Council studied the map. Bart Davis described how the State property extends along Hitt Road. He pointed out the entrance to Eastern Idaho Technical College. If you start at the southwest corner of Section 22 and go north 1810 feet that is the northern most portion of the State's property. It is possible that it might go farther north, but that is very unlikely. The entrance to the proposed Wal-Mart, which was previously presented, is all owned by the state. The map was one that Bart Davis had never seen before. Kim Leavitt, Harper Leavitt engineer and a professional surveyor, stated that he had surveyed the property. It is a hard property issue. There are some problems, and that is one of the contentions the State of Idaho has with the property being shown as deeded and taxed on the Assessor's map. The issue started when the property was given to the State for the School. The legal description of record does not have a dimension from the south end of the property to where the canal or Sand Creek was. It simply says along the western bank of Sand Creek through Section 22 and crosses over into Section 21. It ends up being a piece of property 210 feet west of the quarter corner between Section 21 and Section 22. Kim Leavitt took this information to the School. He tried to explain to them that their original legal description does not include the property where the canal was relocated nor does it include the property in the northeast corner that was surveyed later on that ascertained the acreage. The tax Assessor shows that Barbisons (owners) have been taxed on a frontage piece of property. The width is not shown on the Assessor's map because the Assessor did not know where the bank of Sand Creek was at the time it was relocated. The property had been surveyed, and they used a legal description of the property deeded to the City of Idaho Falls on the relocation area where the Sand Creek was going to be relocated. Kim Leavitt pictured his interpretation of where Sand Creek was and where it is. All of sand Creek is in Section 22. The original deed shows the school property in Section 21. The survey, which Benton Engineering prepared later on for the School, City Council Meeting, December 6, 2001 - Page 4 indicates some of the distances to what was existing in 1981, which was all the property between Sand Creek and the west line of their boundary. According to the Department of Lands, the school was deeded 47 point something acres in Section 21 and in Section 22 they were deeded 1.7 acres. The State is claiming 3.3 acres. There is a question where the boundary is. Harper Leavitt has been trying to interpret the boundary the best they can from the information that is available. Kim Leavitt explained in detail his interpretation of ownership. The State/School has been referring to a description prepared in 1979, which is five years after the canal/Sand Creek was moved, and the distance goes to where the canal/Sand Creek was. Kim Leavitt also pointed out some additional issues that confuse the main issue. The Department of State Lands has their acreage ascertained in their original gift that was endowed to them, which shows they own only 1.7 acres on the east side of the section line. The legal description is a very loose description written several years ago, which can not be measured to because it was a metes and bounds description using physical boundaries that have changed. Harper Leavitt says the distance is 150 feet toe to toe and when it comes around and intersects the section line at that angle it turns into 170 feet. The School thinks they own more frontage property on Hitt Road. Bart Davis maintained the State of Idaho owns 1810 feet. The 1810 feet comes from a legal description of annexation written in 1979. The 1810 feet is based on a variety of instruments. It was determined that the Comprehensive Plan does not include a legal description. It does include the land east of Hitt Road, but the Land Use Map already designates some of it as commercial. The hearing deals with increasing the commercial designation on the interior portion proposed for development by Wal-Mart. Tom Hunsaker commented on whether or not the Planning and Zoning Commission put any restrictions on their recommendations. In the second hearing where they talked about annexation, they added a condition that whatever land turns out to belong to the College/the State would not be affected by the actions taken. Only the Barbison property, which is proposed for Wal-Mart, is affected. Jim Flamm, 2935 Chasewood Drive, appreciated receiving a notice of the hearing. The residents on Chasewood, Devonwood, Tie Breaker, and that area are not so concerned about zoning as they are about traffic. When you talk about the Comprehensive Plan, it must consider traffic changes and how it affects the neighborhood. If the zoning and changes result in pushing traffic into residential neighborhoods, that is a major concern. Mr. Flamm's neighborhood was located on the map. 1- City Council Meeting, December 6, 2001 - Page 5 Bob Riplinger, 2891 Chasewood Drive, is a neighbor of Flamms. He was instrumental in selling the property where the current Wal-Mart is located. The negotiations resulted in a hard fought battle over access. He asked the Mayor and City Council to think about the impact on the area where he lives. There has not been much development, but now they are building homes and apartments. They could be faced with a good deal of traffic on his street. The potential increase in traffic is not conducive to what is planned for the area, and he encouraged the Council to give careful thought Vickie Jones, 1472 Falcon Drive, represented Pheasant Estates condos. They have 47 residential units, Palisades Park has 64 units, Teton Terrace has 26 units, and 25 townhouses are planned adjacent to Pheasant Estates. They do not have any choice but to oppose change to the Comprehensive Plan. The intersection of Falcon Drive and East 1 ih Street is currently a dangerous intersection. If it is allowed to be access to the Wal-Mart development, it will be even more dangerous. There are also many homes in the area to the south that feed into Falcon Drive. Cars turn in and out of Ammon Town Center. The bridge over Sand Creek poses a danger in the winter when it ices up. They oppose any change that opens Falcon Drive. Preston Lockyer, 1845 Curlew Drive, pointed out that it is not just Wal-Mart that adds to the problem. Since they have built the new Sonic Drive In, the traffic at Curlew and 1 ih Street has really changed. He is concerned with how the City plans to handle the traffic. He recommends before anything is approved that the traffic flow is looked at. Sarah Childers, 2985 Devonwood, stated with all the homes, the condos, the apartments, and the commercial that this is one of the most densely populated areas in Ammon. She encouraged the Council to consider safety and not let Wal-Mart or any other commercial development have a driveway through the residential area. Mayor Ard closed the Public Hearing on the change to the Future Land Use Map of the Comprehensive Plan. It was recommended that action be deferred until all four hearings were heard. The Council agreed. Mayor Ard opened the Public Hearing to consider the request for annexation of 32.61 acres located east of 25th East (Hitt Road) between 17th Street and the proposed John Adams Parkway with an initial zone of HC-1. Parties in interest were sworn in to present testimony. Jeff Freiberg of Harper Leavitt Engineering oriented the Council to the area to be considered for annexation. Kim Leavitt assisted with the presentation. They showed a Bonneville County Assessor's map covering the period from 1988 through1999. The property, which was originally owned by Ivan Ashment, was pointed out. Also, it was City Council Meeting, December 6,2001 - Page 6 pointed out on the map where the canal/SandCreek was located in 1971. An aerial photo made by the City of Idaho Falls in 1971 showed how the area existed. There was a portion of property left between Sand Creek and the section line. A copy of the Ashment deed was given to Attorney Anderson to read through the description. Kim Leavitt pointed out the boundaries of the property gifted to the School according to the deed. Council member Crandall restated for clarification that all of the property to the west of Sand Creek, except the little headquarters of the rental place, was given to the State of Idaho. It was gifted on February 10, 1971. Council member Folsom asked Kim Leavitt to draw on the map where Section 22 goes. Hitt Road right-of-way is all west of the Section 22 line. The City of Idaho Falls annexed by Ordinance No. 1302 in July 1971 a different legal description. It was supposedly a surveyed legal description, but it had nothing to do with ownership. The deed shows what the owner intended to be given. The State of Idaho, according to their own records, only records 1.7 acres in Section 22. Survey laws go back to physical boundaries first and foremost. The same theory applies to all surveying. The annexation deed was the interpretation of where things should be or what are the things that should be annexed to. It is not known where the annexation boundary legal description came from. Kim Leavitt pointed out the annexation boundaries. There are some more or less mathematics to this description, so this is the first indication as to mathematical ties. The description follows the western bank of Sand Creek. The section corner is not in the center of 1 yth Street. The City of Idaho Falls received the legal description in Instrument No. 611969 from the time frame when the canal/Sand Creek was going to be relocated. City of Idaho Falls was deeded a piece of property for relocation. They were dealing with Monty Howell on the relocation. City of Idaho Falls owns a piece of ground, which is the existing canal bottom. Bonneville County owns 210 feet. Eastern Idaho Technical College thought they owned everything to Sand Creek, but there are some pieces that they do not own. The original owner of the quarter section owned the irrigation canal, and the Irrigation Company who was administering the irrigation rights would have an easement for use of property. After City of Idaho Falls annexed the property in 1971, City of Ammon annexed a piece of property on May 3, 1978, by Ordinance 162 described by a metes and bounds description which starts at the common point between Section 21 and Section 22. There was an overlapping of annexation. In 1979 the overlapping was realized, and City of Ammon de-annexed a portion. That legal description stated approximately 3.3 acres was de-annexed. This introduced a new description. Benton Engineering did a survey of Eastern Idaho Technical College as it exists today. City Council Meeting, December 6, 2001 - Page 7 Hitt Road was gift-deeded or quit claimed and Bonneville County now has a piece of property. Denny Jones did a survey to determine how much property was between the west line and Sand Creek. The 3.3 acres enters into his description, which has been modified. It says Eastern Idaho Vocational Technical School extends 1810 feet more or less from the southwest corner. The 1810 feet comes from the survey done in 1982. All the descriptions add to the confusion. The descriptions are not conclusive of the property ownership. They are physically what is there. The best information is the survey that was done at the time of relocation of the canal. The State of Idaho records that they own 47 acres, and the records show they own 1.7 acres in Section 22. There is no ownership change recorded on the land in dispute since Sand Creek has been relocated. The property has been taxed to Barbisons. Bart Davis stated that in February 1971 the State acquired the property from the Ashments by warranty deed. It was a purchase. There was a gift in 1983. The deed indicates the boundary to be along the western bank of Sand Creek. The question is where was Sand Creek in 1971? Noticeably absent from Harper-Leavitt's presentation is an overlay of the May 1971 maps. He challenged the City Council to look at the map with the overlay to see if it looks like where Sand Creek was in 1971. Mr. Davis said what the Council is seeing is an aerial photograph taken three or four months after the property was conveyed to the State of Idaho. The overlay was prepared by Benton Engineering. Kim Leavitt alleged to Planning and Zoning that the map was slipped upward. Benton Engineering was very offended by the allegations. Mr. Davis suggested to the City Council that there is some correlation between where Sand Creek was and where it is drawn. They have made the assumption of what they think it should be bank to bank, and they have used that assumption all along. There are portions of the Sand Creek canal located outside what they have represented as the location of the canal in 1971. There is a difference of opinion when Sand Creek was moved and when Hitt Road was built. There is inconsistent information. Hitt Road was built in 1980, and Bonneville County built it. City of Idaho Falls acquired an easement on Hitt Road on October 24, 1984. The purpose of the easement was for perpetual easement and public right-of-way for vehicular traffic or other lawful use by the general public. He questioned where was Sand Creek in 1978 when City of Ammon annexed a portion of ground. And where was Sand Creek in 1979 when the City of Ammon de- annexed. He referred to City of Ammon Ordinance No. 178, "That the following City Council Meeting, December 6, 2001 - Page 8 described property be, and the same hereby is, excluded from the corporate limits of the City of Ammon, Bonneville County, Idaho." In the year 1979, when the ordinance was signed, it was pretty plain to that Mayor and that City Council where the State of Idaho's property was. The ordinance even names the Eastern Idaho Vocational- Technical School and states "1810 feet more or less from the Southwest corner of said Section 22." Harper-Leavitt is proposing 90.15 feet. That is not more or less. City of Idaho Falls owns the bottom of the canal or the channel where Sand Creek is located. Bart Davis submitted a computerized imposition of a legal description showing which portion is, or understood to be, owned by the County, which portion is owned by the State, and what part is owned by the City of Idaho Falls. It included some instrument and parcel numbers. Councilmember Bean brought out that there is a portion of the property undisputed and a portion that is disputed. He asked for an explanation of what the heart of the real problem is in granting Wal-Mart access to go across. Bart Davis said he was not prepared to discuss the position of the State of Idaho. Can we ask Mr. LaRowe? Davis did not know what the position would ultimately be as it relates to Wal-Mart or what the State will ultimately negotiate with Wal-Mart. "The land belongs to the State of Idaho. It does not belong to the City of Ammon. It does not belong to the Wal-Mart Corporation. It is extremely and fundamentally important for the State of Idaho to step forward and try to protect land that it owns. That is why we are here today. Whether the State should or ultimately will enter into a deal with Wal-Mart Corporation, I don't believe is particularly helpful in what we need to deal with today." The question that should be important is Wal-Mart's representations and their traffic and impact study are based on the assumption that they can exit across the State of Idaho's property and they do not have an agreement with the State. The State has not heard from Wal-Mart in months, and the State does not know what the intentions are. The State of Idaho and the College are good neighbors. City of Ammon has a problem. If City of Ammon is making assumptions on a traffic and impact study that assumes an exit straight acrqss from the College's entrances, which they have been told by the City of Idaho Falls that they have to do or they can not access on to Hitt Road, then the City Council needs to know the answers. There is no tentative agreement with City of Idaho Falls. Attorney Anderson asked Bart Davis what portion of the property is there a dispute about and what portion is undisputed. Davis showed a copy of the aerial photo with the overlay. The little diagonal with the 170.40 represents the northern most point in which the State of Idaho believes it owns the property. That is about 90.15 feet more of the southern portion of Parcel 7. Then, if you come in a sweeping fashion down- City Council Meeting, December 6, 2002 - Page 9 ward from that point where the parcel goes straight up, that section is what the State of Idaho owns. The State is unable to dispute from 170.40 north, but Davis does not know if Mr. Barbison owns that parcel. He may own it. Mr. Barbison acquired the property in a series of transactions over many years. There is a quit claim deed from people who may have had an interest in the property which conveys to Mr. Barbison the entire Southwest Quarter of Section 22 excepting eight parcels. The City Council studied the map to clarify their understanding of the disputed area. It was pointed out that Kim Leavitt stated the only thing that ties the 1810 feet is the City ordinance. It is important to review the history defining how Mr. Barbison acquired the property. It came down the section line and crossed over Sand Creek to a point 1810 feet North from the southwest corner of Section 22. In 1971, when the canal was there, everyone knew it was 1810 feet. The 1810 feet would to 90.15 feet into Parcel 7, which is critical to Wal-Mart to get on to Hitt Road. Kim Leavitt explained to. the City Council where Harper-Leavitt contends Mr. Barbison's property begins. There was a discussion about how to determine the actual distance. Bart Davis suggested the City Council already recognized by ordinance in 1979 what was believed to be the northern portion of the State boundary. Attorney Anderson intervened that was not a court determination. That was a description furnished by an engineer that the City adopted. Davis reminded that at the time the ordinance was adopted Sand Creek canal was still there. Councilmember Bean stated he thought it would be prudent for the Council to determine exactly what the distances are. Mayor Ard added that it was not the City's problem. Bart Davis urged the City of Ammon to exclude any property owned by the State of Idaho or property currently annexed to the City of Idaho Falls from any action. Mr. Davis asked the City of Idaho Falls to review the metes and bounds description proposed and to compare it against their easterly boundary of property. Attorney Anderson asked if Mr. Davis didn't agree that neither the City of Idaho Falls or the City of Ammon is going to be able to decide where the property line is. It has to be done by another jurisdiction. It would be beneficial to both parties to have the information. Whatever we decide is not going to be binding. In expressing some concern, it appears to the School and the State that City of Ammon is attempting to annex property that may already be annexed, may already be part of the City of Idaho Falls, and we believe belongs to the State of Idaho. To the extent of what is being contemplated belongs to the State of Idaho, the representatives were present to register their objections. That was the primary purpose of their presentation. City Council Meeting, December 6,2001 - Page 10 Attorney Anderson asked how the State proposes to settle the dispute as to who does own it and where the ownership is. It is anticipated that there will be some sort of litigation. The State of Idaho is prepared to deal with it. Councilmember Folsom advised that City of Idaho Falls and City of Ammon has a written agreement that anything west of Hitt Road is under the jurisdiction of City of Idaho Falls and anything east of Hitt Road is under City of Ammon's jurisdiction with the exception of Ivan's Acres. Mayor Ard closed the Public Hearing on the request for annexation with an initial zone of HC-1. Mayor Ard opened the third Public Hearing to consider the request to rezone from R- 1 and R-2A to HC-1 of 6.46 acres located north of 1 ih Street in the Oak Ridge Addition. Mayor Ard swore in the parties in interest who wished to present testimony. Jeff Freiberg of Harper-Leavitt Engineering explained the request. Of all the items up for hearing this was probably the least controversial. The lots are part of Oak Ridge Division NO.1. Part of the lots are currently zoned R-2A and part are currently zoned R-1. Other lots in the subdivision, which are located to the east, are zoned similarly. It is proposed to rezone to HC-1 the lots identified in the legal description published in the hearing notice. The lots are planned for development as part of Wal-Mart. Jim Flamm, 2935 Chasewood Drive, said "Ditto" to what he testified in the previous hearings. As he sees the project develop, he sees the people who want to develop the property scratching for ingress and egress. This is scary because it affects where the traffic flows. The greater issue is overall planning, a master plan, and throwing traffic into residential areas. When people bought property in the area, it was zoned residential. To change the zone now is unfair to the property owners. Twelve of the thirteen property owners on Chasewood Drive signed a petition to oppose the proposed action. It does not make good sense to push commercial traffic into residential traffic. Karen Anderson, 755 Tie Breaker, represented the Planning and Zoning Commission. The Commission considered the first public hearing separately. It is better planning to consider changes to the Comprehensive Plan separate from a specific project. It made sense to increase the commercial area on the Future Land Use Map whether or not Wal-Mart goes through. The current commercial designation along Hitt Road is too narrow. The other three hearings concerned specifically the Wal-Mart project. The Planning and Zoning Commission approved them only if the Wal-Mart project goes through. Tom Hunsaker, 2925 Carolyn Lane, was another Planning and Zoning representative. He clarified the Planning and Zoning conclusions. The second request for annexation and initial zoning was recommended for approval contingent upon annexation of only City Council Meeting, December 6,2002 - Page 11 that portion that belongs to or is optioned to belong to Wal-Mart. They agreed to keep their hands off the State of Idaho land. The annexation was specifically contingent upon Wal-Mart going through. It was 100% tied to Wal-Mart. It was recommended to tie a traffic light in place at 1 th Street and Curlew Drive. Consideration will be given to the traffic study. There was considerable discussion about Falcon Street and the fact there is only a single access from 1 th Street. If the street ever got blocked, it would pose a problem for emergency vehicles. The proposal made by Wal-Mart made sense to curve Falcon Drive around to connect with Chasewood. The Commission looked specifically at Chasewood from Curlew west because south is commercial and north is residential. They did not really look at Chasewood going east of Curlew. Councilmember Crandall asked if the traffic study looked at Chasewood going east from Curlew Drive. If there is traffic going between Kmart and Wal-Mart is Chasewood the direction it will go? Jim Flamm stated that a traffic study does not have much bearing on Chasewood now because there is not a lot of traffic. When a road is in, the traffic will take the road of least resistance. For example, when you have two stop lights, one on Curlew and one on Hitt Road, where are the people from the east going to go? They will go right up Chasewood into the back of Wal-Mart. Good planning does not route commercial traffic into a residential neighborhood. Sarah Childers was concerned that Tie Breaker Drive ties into Chasewood. Traffic from First Street and the Tie Breaker subdivision would probably use the Chasewood access to Wal-Mart. We are talking about a 24-hour a day superstore. She requested that the residential area be by-passed. Preston Lockyer said his Curlew neighbors get on 1 th Street by turning east and then turn back by Kmart. When the Sonic Drive In was built, they overlooked the traffic patterns. Vickie Jones thought, when she moved in to Pheasant Estates, there was eventually going to be a second access. Now it appears that Wal-Mart plans to swallow up the possibility for a second access. They do not want an access into Wal-Mart from Falcon Drive and 1 th Street. That is a dangerous intersection. Any access into or out of Wal-Mart from Falcon will increase the danger. Jim Flamm asked Council member Folsom for a clarification of how she believed the traffic would flow. He stands opposed to the rezone of the two parcels. Mayor Ard closed the Public Hearing. City Council Meeting, December 6,2001 - Page 12 Mayor Ard opened the Public Hearing to consider the request for vacation and abandonment of Emerald Drive and a portion of Chasewood Drive in Oak Ridge Division No.1. Parties in interest were sworn in to present testimony. Jeff Freiberg of Harper Leavitt Engineering explained the request and oriented the Council to the area involved. The streets are to be vacated as public streets. A piece of Chasewood Drive will become a private drive into the back of the proposed Wal- Mart parking lot. A vicinity map was reviewed. Jim Flamm expressed opposition. The traffic between Kmart and Wal-Mart on Chasewood Drive will increase. Whatever happens between those two commercial businesses will take the path of least resistance. He stands on record as being opposed. Sarah Childers reminded that this is a densely populated area. Tie Breaker Drive is planned to come from First Street to Chasewood. They moved into the area because of the small town atmosphere. They do not want to be Idaho Falls. Bob Riplinger reiterated what Sarah Childers said. There are better areas in Ammon for Wal-Mart than across from Eastern Idaho Technical College. There has been considerable development south of 17th Street on Hitt Road that does not have access to anything but Hitt Road and one access to 17th Street. It does not seem to be a problem. No matter what the engineers say, traffic does take the path of least resistance. Tom Hunsaker clarified the Planning and Zoning Commissions' recommendation. The rezone of the 6.46 acres is tied to the annexation. Similarly the vacation of Emerald Drive and Chasewood Drive are to be vacated only if Wal-Mart goes. They are all tied together. Thomas Rossillon, 165 South Union Blvd., Suite 200, Lakewood, Colorado, represented Boyle Engineering. They have looked at the site plan and listened to what has come up on the traffic. His function is not to pick the site or to pick how traffic patterns will be. His charge from Wal-Mart is to put together a site plan that will get people in and get people out to shop at Wal-Mart. The City Officials have a responsibility to protect the citizens of Ammon, and he respects that. The engineers have tried to address the needs that have been pointed out to them including the back access. They have tried to reroute to make it inconvenient to shortcut. This meeting was not scheduled as a site plan issue but it is important for people to see what is being proposed. The Hitt Road access is critical to Wal-Mart. Wal-Mart is not interested in litigation. They would rather work with the School and the State of Idaho. Wal-Mart is willing to do lots to make the development work. City Council Meeting, December 62001 - Page 13 The parties involved are trying to do all the steps at the same time. A regular- engineered drawing is needed. The drawing needs to be pulled together so it can be presented to the City of Idaho Falls for approval as well as to the City of Ammon. The pieces need to come together so the time line does not stretch out. Wal-Mart does not like stretched out time lines. They like to keep things fairly quick the way the market is and according to the way they do their construction schedules. Council member Bean asked Bart Davis who Wall-Mart makes contact with relative to negotiating the concerns short of litigation. Wal-Mart should contact Mr. Davis regarding what the State would like. Councilmember Folsom asked why Wal-Mart chose the location rather than going farther north. The location is depends on availability of land because Wal-Mart needs a large chunk with services relatively close. Wal-Mart works to mitigate the impact on a community, but there are only so many things they can do. Wal-Mart does generate traffic. Attorney Anderson asked why the access could not be moved a short way north. There would not be a problem, but City of Idaho Falls wants the access on Hitt Road to line up with Eastern Idaho Technical College. Attorney Anderson requested that the parties, who testified and used exhibits, to submit the exhibits so they can be part of the record. Bart Davis said he did not come prepared to leave copies, and he asked for permission to submit them the next day. Mr. Davis was given permission to identify his exhibits and to submit them to the City Office on December 7. Mayor Ard closed the Public Hearing and called for a five- minute recess. The first item of Council discussion was the change to the Comprehensive Plan Land Use Map. The existing map was reviewed. There has to be a transition between the commercial and residential. Hitt Road is commercial. There was a discussion about how to prevent residential streets from becoming arterial streets. City of Ammon does not have long streets. The majority of our streets are less than a mile. Shorter streets do not seem to collect traffic like longer streets. Another area of discussion was whether or not it would be feasible to put stop signs in to inconvenience traffic flow on Chasewood. Engineer Manwill advised it is feasible and is called traffic calming. Disciplined traffic engineering addresses traffic calming within neighborhoods. If Chasewood becomes an issue, this is something to consider. Changing the Land Use Map to increase the commercial designation east of Hitt Road makes sense. Commercial development surrounds the area. East 1 yth Street and Hitt Road is a major crossroads. Hitt Road is a major feeder. Whether or not Wal-Mart goes, the Comprehensive Plan should show the area as commercial. City Council Meeting, December 6, 2001 - Page 14 Council member Hall moved to change the Comprehensive Plan Land Use Map to show the subject property on the eastside of 25th Street (Hitt Road) between 17th Street and the proposed John Adams Parkway as commercial. Council member Bean seconded the motion. Roll call vote: Hall - Yes; Bean - Yes; Crandall - Yes; Folsom - Yes. The motion carried unanimously. Council discussion was opened to consider the request of annexation with initial zoning of HC-1 of 32.61 acres. Councilmember Crandall pointed out that the Planning and Zoning Commission conditioned their recommendations for all of the next three requests that approval was contingent upon the Wal-Mart development. Mayor Ard said annexation should be considered regardless of Wal-Mart because the property is currently completely surrounded by property annexed to the City of Ammon. Also, we have an agreement with City of Idaho Falls that property east of 25th Street (Hitt Road) is City of Ammon. HC-1 is a good zone because all the commercial along Hitt Road to the south (Ammon Town Center and Teton Spectrum) is zoned HC-1. This is consistent with previous action. Also, the Council has been considering annexation of all the islands within the City. This property is one of the islands. This issue concerns annexation and initial zoning only. It does not concern the site plan, a traffic study, or a development agreement for Wal-Mart. Council member Folsom moved to approve annexation of 32.61 acres east of Hitt Road between 17trh Street and the proposed John Adams Parkway with an initial zone of HC-1 provided we are not including any property not owned by Reno Barbison and subject to an acceptable development agreement. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. Attorney Anderson asked how to determine a legal description for the ordinance of the property which is owned by Barbisons. It was believed that the Title Insurance Company could provide a legal description of the property that they would be willing to Insure. The Council discussion was opened to consider the request for Rezone from R-1 and R-2A to HC-1 for 6.64 acres in Oak Ridge Division No.1. Councilmember Crandall made a motion regarding the rezone, and Councilmember Bean seconded the motion. The City Council was not comfortable with the motion without some discussion. Council member Crandall and Councilmember Bean withdrew the motion. The request was discussed. Councilmember Crandall remade the motion to rezone 6.46 acres located north of East 1 th Street in Oak Ridge Division No. 1 from R-1 and R-2A to HC-1. Council member Bean seconded the motion. Roll call vote: Crandall - Yes; Bean - Yes; Hall- Yes; Folsom - Yes. The motion carried unanimously. City Council Meeting, December 6, 2001 - Page 15 The next Council action was to consider the request for vacation and abandonment of Emerald Drive and a portion of Chasewood Drive in Oak Ridge Division No.1. Councilmember Bean moved to vacate Emerald Drive and a portion of Chasewood Drive in Oak Ridge Division No. 1 subject to Wal-Mart taking access to build their store on the property with the vacation to be approved but the vacation not to take place until the condition is met. Council member Hall seconded the motion. Roll call vote: Bean - Yes; Hall - Yes; Crandall - Yes; Folsom - Yes. The motion carried unanimously. Tom Hunsaker reported that the Planning and Zoning Commission recommended approval of the Preliminary and Final Plat for Briarwood Division No.5. Casey Dennert of Benton Engineering presented the Preliminary and Final Plat for Briarwood Division NO.5. Councilmember Hall commented that Ross Avenue does not continue to hook up with John Adams and provisions to cross the railroad tracks. It is not an issue at this meeting because it has been discussed and it is to be changed in a future division. Another comment by Councilmember Folsom was to consider not allowing so many cul-de-sacs. It is hard for City of Ammon to control cul- de-sacs especially with snow removal. Public Works Director Wadsworth asked for a drawing that puts all the Briarwood Divisions together. Councilmember Hall moved to approve the Preliminary and Final Plat for Briarwood Division NO.5. Council member Folsom seconded the motion. Roll call vote: Hall - Yes - Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried unanimously. Attorney Anderson received the Development Agreement for Briarwood Division No.5 and for Briarwood Division No.4 which had not been completed previously. The only deviation from the standard general condition is that under special conditions it reads, "At the request of the City, the developer shall install a ten inch water line on Ross Avenue. The City shall pay the difference in all costs of this ten inch line above the cost of an eight inch water line installation." Engineer Manwill did not have a problem with the Development Agreement. Councilmember Crandall moved to authorize Mayor Ard to sign the Final Plat for Briarwood Division No. 5 and the Development Agreements for Briarwood Divisions NO.4 and NO.5. Councilmember Bean seconded the motion. Roll call vote: Crandall - Yes; Bean - Yes; Hall- Yes; Folsom - Yes. The motion carried unanimously. Action was deferred on the Preliminary Plat of Sand Creek Place Addition Division No.1 pending further action on the proposed Wal-Mart development. Attorney Anderson introduced Ordinance No. 300 by title, AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, TO ENCOURAGE PRESERVATION, City Council Meeting, December 6,2002 - Page 16 PROTECTION, AND PROPER MAINTENANCE OF TREES WITHIN THE CITY OF AMMON; CREATION OF THE OFFICE OF PARKS DIRECTOR AS AN OFFICE OF THE CITY OF AMMON; PROVIDING FOR THE CREATION OF A TREE COMMITTEE FOR THE PLANNING AND SUPERVISION OF THE TREES WITHIN THE CITY; PROVIDING FOR THE DUTDIES AND THE FUNCTIONING OF SUCH COMMITTEE; PROVIDING FOR THE AUTHORITY OF THE TREE COMMITTEE AND THE PARKS DIRECTOR; PROVIDING FOR DEFINITIONS OF MATERS WITHIN THE AUTHORITY OF THE TREE ORDINANCE; PROVIDING FOR THE RESPONSIBILITIES FOR PLANTING, MAINTENANCE AND REMOVAL OF TREES; PROVIDING FOR CITY COUNCIL OVERVIEW OF ALL DECISIONS AND ACTIVITIES OF THE TREE COMMITTEE AND THE PARKS DIRECTOR; PROVIDING FOR AN EFFECTIVE DATE. The ordinance was discussed. The position of Parks Director was clarified. The Council has the right to make decisions concerning the position of Parks Director. The position can be filled by hiring a paid employee or appointment of someone already serving in another capacity of the City. It is important to pass the Tree Ordinance because some of the grant applications require an ordinance. Reference to the "order to remove" was clarified. The Parks Director of the City can order the owner to remove a tree, but that does not give him authority to proceed to actually remove the tree until he has a hearing. Ordinance No. 300 was read in full. Councilmember Folsom moved to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings of Ordinance No. 300 be waived. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Council member Folsom moved the adoption of Ordinance No. 300 as an ordinance of the City of Ammon on its third and final reading. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. The developer has requested the City to accept the improvements in Quail Ridge Division No.4. Public Works Director Wadsworth reported the improvements have been completed. The streets have been paved, the street signs are up, and the piping has been tested. Everything is in order except the water. The well has not been completed and no time frame has been established. People are beginning to move in Quail Ridge. Contractors are to be billed for water service three months after construction on a house begins whether or not the house is ready for occupancy. The City is paying for the electricity on the booster pump. City Council Meeting, December 6,2002 - Page 17 Public Works Director Wadsworth asked when the City wants to begin providing garbage service for Quail Ridge. As soon as a house is occupied and the resident signs up for service, the City needs to provide the service. Council member Hall moved to send a letter to the developer of Quail Ridge and The Cottages to advise him that he is responsible to pay the electric bills on the booster pump until he gets the pump up and running on his well. To enforce this he will have thirty (30) days to pay the bill or no more certificates of occupancy will be issued. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried unanimously. Public Works Director David Wadsworth informed the City Council that we need to order the new garbage truck in order to piggyback on the bid with City of Idaho Falls. The truck with a Leach bed is to be ordered from Hirning Pontiac in Pocatello. Details of the truck were explained to the Council. Council member Folsom inquired if City of Ammon had considered a one-man garbage truck system like the City of Shelley uses. Mayor Ard reported that a few years ago the City of Ammon checked that type of service, but decided it would be costly to convert. David Wadsworth added that truck maintenance is high for that type of garbage collection. Council member Folsom reported we are getting complaints about garbage service. IHOP is concerned about their service. One of the complaints is about lids. Public Works Director Wadsworth said he could provide lids, but they do not use them. The Health Department is requesting lids. Texas Roadhouse is having PSI dump their garbage. We are probably going to lose IHOP because they say that their building is being damaged. If the City can provide garbage service to a business, the business will be billed the minimum charge of $49.50 per month even if they opt to hire an outside company to collect their garbage. The City of Ammon should still bill IHOP and Texas Roadhouse for garbage service. Councilmember Bean moved to purchase a new garbage truck from Hirning Pontiac for $103,000 including a Leach bed. Councilmember Hall seconded the motion. Roll. call vote: Bean - Yes; Hall - Yes; Crandall - Yes; Folsom - Yes. The motion carried unanimously. Council member Bean inquired about complaints since the City sent out the new garbage collection guidelines. There have been some. Council member Bean had a note which said the resident did not object to the rules but believes the City crew should stand the cans upright and not throw them all over. The Council agreed the City crew could take a little effort to stand the cans upright. It may take a little extra time, but common courtesy is important. City Council Meeting, December 6, 2001 - Page 18 Council member Bean moved to authorize Mayor Ard to sign the State of Idaho Local Government investment Pool Direct Deposit Authorization Agreement. Council member Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall - Yes; Folsom - Yes; Hall- Yes. The motion carried unanimously. Council member Crandall moved to approve the renewal for 2002 of their licenses for general business and for retail sale of beer by the can or bottle not to be consumed on the premises for Ammon Speedi Mart and Legends Convenience Store. Councilmember Hall seconded the motion. Roll call vote: Crandall - Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. The Fire Department is holding an Open House at the fire station on Saturday, December 8 from 12 Noon until 4:00 p.m. Also, the Fire Department is having a Christmas Party at the fire station on Saturday, December 15 from 5:00 p.m. to 9:00 p.m. All the City Officials and their families are invited to the party. Reports: David Wadsworth reported for Public Works. The crew has been busy with fixing water lines, other repairs, and plowing snow. Karen Anderson reported that the Planning and Zoning Commission would like the City Council to officially ask Bonneville County to require all communication towers within one half mile of the City limits or within our Impact Area to comply with Ammon's communication tower ordinance. Preferably the County could adopt our ordinance. Councilmember Hall moved to send Bonneville County a letter to say within our Impact Area, if they have communication towers, they need to meet the City of Ammon ordinance and we suggest that they adopt our ordinance or give us reasons why they should not. Council member Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried unanimously. Claims were approved. Councilmember Folsom moved to adjourn to an Executive Session to discuss personnel matters. Council member Hall seconded the motion. The regular meeting was adjourned at 11 :30 p.m. Mayor Attest City Clerk