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Council Minutes 9/12/2006 (140) 86 December 16, 1993 CITY OF AMMON December 16, 1993 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 lowing City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser P.M.. by Mayor C. Bruce Ard with the fol- Attorney Scott Hall Public Works Director David Wadsworth Public Works Foreman Rick Williams Ammon Fire Marshal Robert Farrow City Clerk Aleen C. Jensen Others Present: Skip and Lori Steele, 2100 West Eastgate, Ammon Susan Lenser, Channel 8 News David B. Borg, 1855 Falcon Drive, Ammon Paul and Margene Jordan, 1885 Eagle Drive, Ammon Karen Boozer, 1865 Eagle Drive, Ammon Tim Kaser, 2600 Salmon Street, Ammon Eric Davis, Cantlon Properties Rob Moore, Cantlon Properties Tony Huegel, Post Register Marge Ritter, 2110 East Eastgate Drive, Ammon Lewis M. and Karen L. Hall, 2030 Ross Avenue, Ammon Sheri Wise, 2079 East Eastgate, Ammon Susan Wood, 2084 West Eastgate, Ammon Shirley Arnell, Grand Teton Mall Robert and Catalina Martinez, 2238 East Eastgate, Ammon Miguel A. Sanchez, 2275 East Eastgate, Ammon Larry Carlson, Idaho Falls City Councilmember Gary Mills, Idaho Falls City Councilmember Renee Callister, 1975 Falcon Drive, Ammon Susan Cleverley, 1930 Falcon Drive, Ammon Daryl Kofoed, Mountain River Engineering I Absent: Engineer David E. Benton Attorney W. Joe Anderson The Pledge of Allegiance to the Flag was directed by Councilman Anderson, and the invocation was offered by Councilman Crandall. I Mayor Ard opened the Public Hearing to consider the request of Cantlon Properties to rezone the property on the southeast corner of the intersection of East 17th Street and Hitt Road which includes Mini Warehouse III, Eastgate Shopping Center, and Teton Plaza Mobile Home Park from R-l, C-l, and RMH to HC-I. Notice of Hearing was published in the Post Register on November 30 and December 7, 1993. The properties involved were posted with notices. Notices were mailed to radio stations, television stations, and adjacent property owners as per the list supplied by the developer. One letter expressing opposition was received at the City Office from Melvin J. Hymas, 2210 East Eastgate Drive--a resident of Teton Plaza Mobile Home Park. Parties in interest were sworn in by Mayor Ard to present testimony. Rob Moore of Cantlon Properties discussed their development plans. He explained the project as presented is conceptional and may differ some when the actual development occurs. One of the major issues is the relocation of Sand Creek back to the original stream bed. Cantlon has been working with the Department of Water Resources, the Corps of Engineers, and Idaho Fish and Game but final approval on the stream relocation has not been granted. Original plans were to cover Sand Creek, but the agencies involved have not favored covering so the plans now show Sand Creek to be left open. In order to relocate the stream bed certain requirements regarding flooding and vegetation must be met. A number of slides were shown to acquaint the public with the projects of Cantlon. Mr. Moore pointed out that as developers they design shopping centers for the community, attention is given to details, landscaping is provided, and the signs fit with the design. Councilman Maeser asked for copies of the slides or some pictures and a development drawing to have on file in the City Office. Mr. Moore called for questions. A lengthy question and answer period followed. I Citizens requested clarification of the development drawings and orientation of the area now occupied by the trailer park. Concerns were expressed about traffic control and police protection. Does the plan include an access to the commercial area from Salmon Street? When will Sand Creek be relocated? Will the relocation of Sand Creek eliminate any houses? Will the relocation provide access for use and maintenance of the irrigation canal? How can the trailer park be rezoned if eighty-nine trailers do not have a place to move? Will the trailer owners I I I 87 December 16, 1993 be compensated for moving their trailers? Is there a deadline on acceptance of the options? How many accesses are planned for Hitt Road? Is there a plan for signalization? What are some scenarios that might work out to help the mobile home park residents? Who is responsible to the mobile home park residents? Why does the entire parcel need to be rezoned at this time? Will widening of Hitt Road affect the landscape plans? Will Cantlon contribute to the costs involved in Hitt Road improvements? Have traffic studies been completed? Why build more malls when the old ones are not being utilized? If Cantlon is not responsible for the mobile home park tenants, what about the City of Ammon or City of Idaho Falls? Most parks require newer trailers so what do you expect to happen to these people? Is Ammon willing to assure them a place to relocate? What are you going to do for the eighty-nine families being kicked off the land with no place to go? Who does the trailer park residents blame when they get kicked out? Isn't the City Council here to protect people's rights? If the City doesn't stand to gain much, why are the City Officials allowing the process to happen? There are already three Albertsen stores in town so why do we need another? Who provides fire protection? Who provides law enforcement? Is anyone trying to develop a place for a trailer park? Does the plan still include an eight foot wall between properties on Falcon and the commercial development? Will an access be maintained for the mobile home park if development begins on phase I? What happens if Sand Creek is not moved? When do mobile homes have to be moved? Will City of Ammon allow a mobile home park? How can Cantlon rezone property if they have not purchased it yet? How many acres are involved in development? Will Cantlon or Albertsons own the property? Does the City of Ammon plan to signalize Falcon, Curlew, or Avocet? What is the process that goes on between the time a development proposal is submitted and the ground breaking actually occurs? What are the determining factors for the City Council to approve or disapprove a request for rezone? Is consideration given to what is impacted? What is the critical issue for putting a development in? Is this a rubber stamp deal? Is there an amount of people that would give a large enough voice for the Council to consider a negative vote? There is an enormous amount of growth in Bonneville County so, if a developer can show money backing, does the governing body say, "Go for it!"? Does the City make decisions regardless of citizen feelings? When did the option become available? Major concern was the destiny of the mobile home park residents. Those residents have been left in limbo, they may not be able to sell older mobile homes, and they do not have a place to move or funds to move. The development appears to be good, but it is bad because it displaces people and requires a major amount of money to upgrade the streets. Rumors have been prevalent, and there has been very little fear-satisfying feed back. Procedures followed by the developers and the City were criticized. Also, the process used to keep the public informed was criticized. The public feels like stepchildren. Rob Moore stated Cantlon's goal is to begin construction next year and to have Albertsens ready to open in December 1994. This is Phase I and does not affect the mobile home park. The mobile home park is part of Phase II and Phase III, and the development of these phases is dependent upon availabilty of presently uncommitted anchor stores. Hitt Road is scheduled to be widened. The City of Idaho Falls' ultimate concept for Hitt Road is to make it a loop road which should funnel some traffic off East 17th Street. The developers, City of Idaho Falls, and City of Ammon will participate in the funding of Hitt Road. Cantlon has options to purchase the land from the property owners. Residents of the mobile home park need to address their concerns to the property owner. It is understood that the owner is sensitive to the position of residents in the park and is formulating plans to deal with their problems. Idaho City Councilmember Larry Carlson pointed out that the accesses to Hitt Road have not been approved yet. Mr . Carlson also stated that Idaho Falls is concerned with the costs of Hitt Road improvements and wonder if IdahoFalls'funds should be directed to other areas. This development will accommodate larger tenants than the usual mall. Rezoning does not kick the people out. The property owner is looking for the best use and orderly development of his land. It is inevitable that the property now optioned to Cantlon will be developed sometime in the future to something other than a mobile home park. The property owners have agreed for Cantlon to request a rezone so the development can proceed step by step. The entire project involves approximately twenty-six acres of land. The City of Ammon Comprehensive Plan designates the development area as commercial. The Council considers the long range benefit to the community and is concerned that property rights are not violated. The Planning and Zoning Commission recommended approval of the rezone. Mayor Ard closed the Public Hearing and proceeded with the Regular Meeting. Councilman Hall moved to approve the rezone of the properties optioned to Cantlon on the southeast corner of Hitt Road and East 17th Street from R-l, C-l, and RMH to HC-l as recommended by the Planning and Zoning Commission with the stipulation that an acceptable development agreement is completed. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. 88 December 16, 1993 Lewis Hall, 2030 Ross Avenue, requested a Home Occupation Permit to operate Great Basin Computing Services. Mr. Hall plans to print a business card using his home address. He is signing an agreement with IBM and most of his work will be done at the IBM office. There will be no sign, there will be no traffic, but the business records will be kept at their home. Councilman Crandall moved to approve a Home Occupation Permit for Lewis M. and Karen L. Hall, 2030 Ross Avenue. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes. The motion carried. Councilman Hall did not participate because the applicant is his brother. Councilman Maeser reported the Planning and Zoning their Annual Appreciation Dinner on Tuesday, arrangements for the place and report back. Attorney Scott Hall commented on the Public Hearing to consider the request by I Cantlon Properties for a rezone to allow development of the property on the southeast corner of Hitt Road and East 17th Street. He stated the Council handled the hearing "just right." Everyone was given an opportunity to be heard. The major issue was emotional. The problem is probably not over for the City Council because likely they will face a zoning issue for relocation of the trailers from Teton Plaza Mobile Home Park. Commission would like to have January 11. He will make Councilman Hall moved to approve the minutes of City Council Meeting held December 2, 1993. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. Action on the request of residents in the Southwick Addition to have the zoning changed to eliminate the animal overlay was scheduled for City Council Meeting on January 6, 1994. This allows time to notify residents who wish to be present for the City Council's decision. Mayor Ard advised that any unfinished business before the Council must be completed before the newly elected City Officials take office. Councilmembers were asked to inform the Mayor if they would like a change in their assignments. Reports: Public Works Director David Wadsworth discussed DEQ requirements for the underground storage tanks at Well No.7. A leak detection system should be in place right away. However, the City needs to get the underground tanks away I from the well area rather than get involved with the expense of leak detection. Possible solutions were considered. The diesel fuel tank is now empty, and diesel fuel is being purchased at Ammon Speedi Mart pending a decision. It was decided to have the gasoline pumped out of the other underground tank and to purchase gasoline from an independent dealer. This should satisfy DEQ temporarily while the City works out a solution. Fire Marshal Robert Farrow reported the new fire engine will arrive in January. City Clerk Jensen reported that the architect 'working on the Cantlon Properties' development would like a schedule to follow for the City's review/approval requirements. It was recommended they be advised of regular meeting times, and as they are ready they can request to be placed on the agenda. Yvonne Brown of Brown's Day Care, 1705 Avocet, wants to purchase 1993 and 1994 home occupation permits or business licenses. Brown's Day Care is non-conforming--Mrs. Brown does not comply with the home occupation requirements and she is operating a commercial business in a residential zone. The Council did not want to grant a license to give approval to a non-compliance situation, but no solution was reached. Claims were approved. Councilman Anderson moved to adjourn to an Executive Session to discuss personnel matters, and the motion was seconded by Councilman Maeser. There was no opposition so the Council convened in Executive Session. Following the discussion of personnel matters, Councilman Hall moved to adjourn the Executive Session and continue the Regular Meeting. The motion was seconded by Councilman Anderson. The Regular Meeting continued and Councilman Crandall moved to adjourn, and the motion was seconded by Councilman Maeser. The meeting was adjourned at 10:05 P.M. I c~ ATTEST ~~~-j (!, .~~~ CITY CLERK ~