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