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Council Minutes 11/08/2001 CITY OF AMMON November 8, 2001 Minutes of the Special Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 6:00 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard, Mayor Council member W. Lee Bean Council member Harvey L. Crandall Councilmember Leslie Folsom Council member Ira K. Hall Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth City Clerk Aleen C. Jensen Others Present: Bobbie Jockumsen, Bonneville County Elections Randy Waite, Council member Elect Ron Folsom, 2750 Sawtooth, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Orland Bailey, 2810 Salmon Street, Ammon The first item of business was a canvass of the results of the City of Ammon Municipal General Election held November 6, 2001. Bobbie Jockumsen of the Bonneville County Election office brought the election poll books and a tabulation of the votes for the City Council to review. The records were examined carefully, and no problems were detected. The tabulation showed that there were 3,079 registered voters and 1,196 ballots cast. This represents 38.84% of the registered voters who cast ballots. The election results were as follows: Mayor (Vote for 1): Bruce Ard, Mayor Harold G. Loveland 793 68.84% 359 31.16% Council Members (Vote for 2): Karen Y. Anderson Marvin "Marv" Anderson Orland Bailey Joseph Filutze Kirk W. Peterson Randy G. Waite 434 18.85% 246 10.69% 315 13.68% 149 6.47% 404 17.55% 754 32.75% City Council Meeting, November 8,2001 - Page 2 Councilmember Crandall moved to accept the tabulation of the votes and to proclaim the results to be final. Councilmember Bean seconded the motion. Roll call vote: Crandall - Yes; Bean - Yes; Folsom - Yes; Hall - Yes. The motion carried unanimously. The winners were: Bruce Ard, Mayor Randy G. Waite, Councilmember Karen Y. Anderson - Councilmember Each of the City Officials signed the election tabulation, and the City Clerk attested to the signatures. A copy of the signed tabulation is attached to these minutes as Exhibit A. The residents in Pheasant Estates, who own their property in condominium ownership, have objected to the change in utility fees from the apartment rate to the single family dwelling rate since their units are substantially similar to apartment units and there are three or more units in each building in the complex. The question before the City Council is whether or not property should be charged by the manner in which it is owned or the manner in which it is used. Attorney Anderson prepared a written opinion for the City Council to consider. "The owners of the units in Pheasant Estates are using them in a manner indistinguishable from an apartment complex and when we look to the 'substance' of the use rather than the 'form' of the titled ownership, I think the rate for the apartment of three or more in a building would apply." A copy of Attorney Anderson's opinion is attached to these minutes as Exhibit B. Attorney Anderson explained his written opinion and the City Council discussed it. Mayor Ard said he did not think the City wanted to send 47 individual bills and chase some of the owners for the leased units. Council member Crandall expressed agreement with Attorney Anderson's opinion. Our resolution on rates addresses apartments as three or more units per building. Council member Bean stated he did not want to create an exception that another condominium unit can come back and claim "foul play" rate. Councilmember Folsom was also concerned about allowing Pheasant Estates to be billed at an apartment rate. Council member Bean did not have a problem with billing Pheasant Estates at a lower rate, but he did not want to get in a situation where other units could come back on the City. Various rate ideas were brainstormed. Councilmember Folsom moved to add to the apartment building section of our rate resolution that a condominium unit of three or more units per building with a single water line to the total complex and a single billing will be underneath the three or more City Council Meeting, November 8,2001 - Page 3 Unit's apartment rate for water. Councilmember Crandall seconded the motion. Roll call: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Attorney Anderson introduced Ordinance No. 299 by title, AN ORDINANCE TO REPEAL AND AMEND PORTIONS OF TITLE 10 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON RELATING TO ZONING AS FOLLOWS: (1) TO DELETE AND REPEAL SECTION 10-20-2(E) PROVIDING FOR BEER PARLORS AND TAVERNS AS A SECONDARY USE INCIDENTAL TO CLUBS AND LODGES; (2) TO AMEND CHAPTER 21 OF TITLE 10 TO ADD A SECTION DESIGNATED AS SECTION 10-21-2(J) OF THE CODIFIED ORDINANCES PROVIDING FOR THE SALE OF LIQUOR BY THE DRINK AND WINE AND BEER BY THE DRINK IN ESTABLISHMENTS AS AN INCIDENTAL AND SECONDARY USE FOR PREMISES WHEREIN THE PRIMARY USE IS THE PREPARATION AND SERVING OF FOOD AND BEVERAGES; (3) TO AMEND CHAPTER 22, TITLE 10, CC-1 CENTRAL COMMERCIAL ZONE, BY REPEALING SECTION 10-22-2(A) PROVIDING FOR THE USES PERMITTED IN SUCH ZONE AND TO RE-ENACT SECTION 10-22-2(A) TO PROVIDE THAT ANY USE PERMITTED IN THE RSC-1. C-1, AND HC-1 ZONES MAY BE PERMITTED IN THE CC-1 CENTRAL COMMERCIAL ZONE; (4) TO AMEND CHAPTER 22, TITLE 10 CC-1 CENTRAL COMMERCIAL ZONE BY REPEALING AND DELETING SECTION 10-22-2(N) PROVIDING FOR A USE IN SUCH ZONE OF BEER PARLORS AND TAVERS; (5) TO REPEAL SECTION 10-4-4 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON AND TO RE-ENACT SECTION 10-4-4 PROVIDING FOR PUBLIC HEARING OF ANY REQUEST FOR AN AMENDMENT TO THE ZONING ORDINANCE OR A CHANGE OF ZONE TO THE ZONING MAP BE HELD BEFORE THE PLANNING AND ZONING COMMISSION, PURSUANT TO NOTICE, AND THAT HEARING MAY BE HELD AT CITY COUNCIL'S DISCRETION BEFORE THE CITY COUNCIL OF THE CITY OF AMMON; PROVIDING THAT IN THE CASE OF THE APPLICATION FOR A ZONING DISTRICT BOUNDARY CHANGE A DETERMINATION THAT THE AREA MAY BE IMPACTED SHALL EXTEND TO 500 FEET OF THE EXTERNAL BOUNDARIES OF THE LAND BEING CONSIDERED; PROVIDING THAT NOTICE SHALL BE GIVEN PURSUANT TO THE NOTICE OF HEARING PROCEDURES PROVIDED IN SECTION 67-6509 IDAHO CODE AND IN THE CASE OF A ZONING DISTRICT BOUNDARY CHANGE NOTICE SHALL BE PROVIDED BY MAIL TO PROPERTY OWNERS OR PURCHASERS OF RECORD WITHIN THE LAND BEING CONSIDERED AND WITHIN 500 FEET OF THE EXTERNAL BOUNDARIES OF THE LAND BEING CONSIDERED; (6)PROVIDING THAT IF ANY PROVISION OF THIS ORDINANCE SHALL BE DEEMED INVALID BY A COURT OF COMPETENT JURISDICTION THAT ALL OTHER PROVISIONS SHALL REMAIN VALID AND ENFORCEABLE ;(7) PROVIDING FOR AN EFFECTIVE DATE. The ordinance was read in full. City Council Meeting, November 8,2001 - Page 4 Councilmember 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. 299 be waived. Council member Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. Councilmember Folsom moved the adoption of Ordinance No. 299 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. Engineer Manwill reminded that he would not be in attendance at Planning and Zoning Meeting on November 13 or at City Council Meeting on November 15. He, Tom Hunsaker, and Ron Folsom met after the meeting to review the Traffic Study for the Wal-Mart development. Others in attendance were invited to join them. Councilmember Crandall moved to adjourn the meeting, and Council member Folsom seconded the motion. The meeting was adjourned at 6:45 P.M. Mayor Attest City Clerk