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Council Minutes 09/06/2001 (2) City Council Meeting, September 6, 2001 - Page 19 Liquor licenses fit in an allotted category and some are considered new licenses. If the City has allotted licenses, they can be issued but not placed in use. Only those, which are classified as new licenses, have to be put in active status. It appears Dan Ruddell is trying for a determination that all of Ammon's licenses are allotted except for the fifth one. Another letter was sent to inquire about why regulations were not enforced. The Deputy Director of Alcohol Beverage Control responded with an interpretation of policies, regulations and actions taken. Ron Folsom read from the letter. "Further analysis has shown that our previous interpretation of alcohol beverage control code and its regulations is not consistent with the requirements of Idaho Code 23-908. Therefore, this department as of June 4, 2001, has required that all licenses issued must be place in service as required by the Code." A discussion followed and Idaho Code regulations were reviewed. According to the Council's interpretation of the Code, Dan Ruddell's licenses were issued illegally. Mayor Ard questioned how City of Ammon could stop this kind of business in our town. This refers not to the establishment, but to the way of doing business. It is basically a form of extortion to say, "I have the license. If you want to use it, it will cost you." Attorney Anderson advised the statutes are being abused as they are written. The statutes as written have not been followed. The Court system would straighten up the agency. The City should coordinate with Lee Gagner because he is trying to clean up the issue legislatively. Our position is that the regulations have not been followed, and Ruddell does not have validly issued licenses. His three Ammon licenses should be revoked. If he really wants to operate a sports grill in the City of Ammon, he can follow procedures and apply for a new license. Representative Lee Gagner is working on legislation to correct liquor licensing. Council member Folsom moved to authorize Attorney Anderson to write a letter to the Attorney General and to the Deputy Director of Alcohol Beverage Control to request that the three liquor licenses be revoked in two weeks and that the letter be sent by certified mail with a return receipt. Council member Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes; Crandall- Yes. The motion carried unanimously. Attorney Anderson presented a draft concerning amendments to the zoning ordinance on liquor licensing for the Council to review. It needs to go to the Planning and Zoning Commission. They have approved the subject matter, but they now have to hold a Public Hearing. The City Council will also need to hold a Public Hearing. There is a memo attached to the draft copy to outline the amendment procedures. Meter readings were discussed. Some of the usage is not close to the minimum so that monthly readings could be waived. Quarterly readings would probably be City Council Meeting, September 6,2001 - Page 20 adequate. Some usage depends on the season and the City needs to be able to catch any changes. Christine Merrill, 3084 Hearthstone Circle, contacted Mayor Ard about her water bill because her water was shut off. She was in Europe for two months. She did not pay her bill, and she did not make any arrangements. She came home, and she paid her bill. However, she would not pay the $50 turn off/turn on fee. She was told the $50 was policy, but the Mayor agreed to discuss it with the Council. It was the Council decision that we can not make exceptions to the policy. Christine is to be billed for the $50. Council member Folsom brought up that the Council has talked about getting all of the County islands within the City boundaries annexed. She encouraged taking action before the Legislature gets involved in changes to the annexation laws. Ron Folsom identified the parcels as LeMoyne Johnston's, Gary Sant's, 2 lots in Quail Ridge, and 2 lots on Crowley Road. LeMoyne Johnston's property is larger than five acres so the City would need his request for annexation. There was a question about the strip, which is approximately 27 feet wide, on the south side of McDonald's Farm. Wood's Funeral Home annexed the piece of the strip along their property, and it was decided to leave the rest in the County. Council member Hall asked if we wanted to contact the other properties along the north side of 17th Street between Ammon Road and Briarwood Addition and the properties on the east of Ammon Road to see if they are interested in annexation. Councilmember Bean suggested that we also contact Kirk Peterson who has listed the large piece of property on the northwest corner of Ammon Road and 1 th Street. Councilmember Folsom moved to authorize Planning and Zoning to initiate action and advertise for a Public Hearing to get the parcels annexed to the City of Ammon. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Hall- Yes; Bean - Yes. The motion carried unanimously. Lee Bean, Council President, represented the Mayor at a meeting with officials from Idaho Falls, lona, Ucon, and Bonneville County to sign a resolution to endorse the 40- Asset Initiative by the Bonneville Youth Development Council. The group also proclaimed Saturday, September 8, 2001, as Asset Awareness Day. (Exhibit F) Council member Folsom advised that Attorney Anderson has the parking ordinance. She met with Brian Tucker on the separate citation for Ammon. It will probably be better for everyone involved. She will start getting the forms printed. City Council Meeting, September 6, 2001 - Page 21 Attorney Anderson has the amended resolution on the water, sewer, and garbage rates ready for the Council to review. Councilmember Folsom explained the changes for the Council. The resolution will be considered at the next City Council meeting. Regarding Palisades Park, they are not paying for water, sewer, or garbage. Attorney Anderson advised the May and Council member Folsom to call Marty Frantz to work out the details. Claims were approved. Councilmember Bean moved to adjourn the meeting and Council member Crandall seconded the motion. The meeting was adjourned at 11 :30 P.M. Attest Mayor 1___ Exhibit A - City Council Meeting, September 6, 2001 September 4,2001 To The Honorable Mayor and City Council Members: We were recently informed ofa request to the Ammon City Council to consider a Special Use Permit to allow a separate building for the owner to teach gymnastics on the property Lot 4, Block 2 of Barbara Jean Estates of Ammon (3760 Georgia Lane). As next-door- neighbors, we ask that the City Council not approve this request for the following reasons: (1) Article 2 of the Protective Covenants for BarbaraJean Estates states: None of said land or fractions thereof, shall be improved, used or occupied for any purpose other than private residential purposes, . . . If the City Council grants this request then neighbors are unnecessarily burdened with the cost and stress of law suits to block these activities via the protective covenants. (2) A petition presented at the planning and zoning hearing, of neighboring residents approving of this request, should not be viewed as a legitimate vote of support. It was presented as residences where a least one of the adult owners approved of this request. However, we are aware of a few instances where one spouse approved but the other did not. Some of the other residents who originally signed this have now said they did it solely on what was sold them by the permit requestor and, furthermore, they now believe that this information and/or intent was misrepresented to them. The issue is whether or not this commercial venture is a legitimate cause to override the existing zoning and covenant restrictions, not whether the requestor has enough support from friends (or even customers) who will say they don't object to such an action. (3) .The Conditional or Special Use Permit requires narrative on the general compatibility with adiacent and other properties and of the relationship of the proposed use to the Comprehensive Plan and requires evidence showing that such use will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or the Zoning Ordinance. This area is zoned RP-A for which the principal uses permitted in this zone shall be one-family dwellings and certain other public facilities needed to promote and maintain stable residential neighborhoods. This is a purely commercial venture. We do not see how this fits the objectives of the Comprehensive Plan, or how it can be construed as being in the public interest. (4) The Special Use Permit requires evidence showing that such use at the proposed location will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. The gymnastics school has been operating for some time now (3 years by the operator's admission at the planning and zoning meeting) out ofthe garage at the above residence and no effort has been made to landscape as the other neighbors have. The yard contains no grass and several tumbleweed patches 4 to 5 feet tall. This is not convincing evidence. (5) The Special Use Permit requires evidence showing that such use at the proposed location will not be hazardous or disturbing to existing or future neighboring uses. This facility currently has 100 students (by the operator's admission at the planning and zoning meeting) who create excessive pedestrian and vehicular traffic (parents drop students off and then pick them up). The inertial of history also shows that if this business grows, has problems with neighbors, etc., the city will have difficulty with the enforcement of compliance. (6) The proposed commercial building will generally bring the customers into the backyard area of the proposed location, which will also expose our own backyard unnecessarily, resulting in a loss of privacy. (7) The Special Use Permit requires evidence showing that such use at the proposed location will not create excessive additional requirements at the public cost for public facilities and services and will not be detrimental to the economic welfare of the community. We feel that a commercial venture ofthis size will adversely impact the value of our property and those ofthe neighborhood (we were absurdly threatened by this permit requestor that if this request is blocked that they will build a large addition onto their current home of such a nature as to significantly devalue our property). Furthermore, if even one business of this size is permitted to operate either within the guise of a home occupation and/or under special use permits, then the ordinance-validating requirements of being non-arbitrary and nondiscriminatory will permit other businesses to operate similarly. This will surely negate the effects and benefits of protective residential zoning. (8) This business is really too big to fit within the intent of a home occupation. The owners now seek to build a larger facility to house it. They have reasoned that they must do this to free up their garage to store cars and other items. Most home occupations do sacrifice a portion of their home to make room for their business. But when it grows to the point where it no longer fits within the home, it is time. to look for a commercial location. Because of the size (100 students, by the owner's admission, meeting in a garage) of this gymnastics school and the precedent it sets for other potential "home occupations" of similar size, and because of the excessive vehicular and pedestrian traffic generated at certain times ofthe day (including customers parking on our lawn), we further ask the City Council to either revoke this home occupation permit or restrict this business to a specified, reasonable size (on the order of a home day care school, music teachers, etc.), to be verifiable and enforced annually through an independent, certified audit. (It is our implicit hope that perhaps this original home occupation permit was issued because of a misrepresentation or misperception of the facts and/or intent.) -~~ ~--------- Exhibit B - City Council Meeting, September 6, 2001 3645 Georgia Lane Idahv falls, In 83406 4 Sep 0 I To: Ammon Planning and ZoningConunittee Re: . Proposed building on Johnston property on Georgia Lane Gentlemen: A short time ago, 1 was asked to sign a petition indicating that I had no objection to the construction of a building on the back of the Johnston property on the south side of Georgia Lane, to allow Mrs. Johnston to move her home business out of her garage and into more sUitable quarters. Her business is instruction in dance and gymnastics, and. I was informed. it currently involves about twenty five students. I w~as-also tvld.that-tbe size of the operation W4S,tO rerrt4in abvut the samet ".;,~ith no increase li1 numbers of students and hopefully no increase in the traffic on our residential street. 1 have now been given to understand that the intention is to increase the enrollment to one hundred or more students. It seems to me that this goes beyond the bounds ofa "home business" in a residential area, arid should be more suitably located in an area zoned for more commercial use, where traffic and parking will not be a problem fOi the neighooihood.. Because of these concerns, I respectfully rescind my signature on lVIrs. Johnston's petition, and ,".,"oice my objeaivn. to- the granting of a s~cia1. use parrr~t for the. establisfuuent of a business of this size-iil our residential area. Exhibit C - City Council Meeting, September 6, 2001 Motions from September 4, 2001 Planning & Zoning Commission Dick Bybee made a motion to approve a request for a rezone from RJ-A to C-l for Cory Smith/Eastgate Drug. Karen Anderson seconded the motion. Voting was all in favor. The motion carried. The two Public Hearings for Requested rezone of Lot 1, Block 1, and Lot 3, Block 1 of Ammon 17th Street North were not held. The people requesting the re-zone did not have an interest in the property and did not have the consent of the property owners. Ron Folsom made a motion to approve the request for Re-zone from R-l to R-IA, and from R-IA to PB with the conditions that the PB zone follow the lot lines and a buffer area be made. Randy Waite seconded the motion. Voting was all in favor except for Kevin Murray who abstained because he arrived late. The motion carried. Karen Anderson made a motion to approve the Fifth Amended Plat of Rick's Farm. Ron Folsom seconded the motion. Voting was all in favor except for Kevin Murray who declared a conflict of interest. The motion carried. Kevin Murray made a motion to approve the Preliminary and Final Plat of Trailwood Village Div. # 2. Randy Waite seconded the motion. Voting was Randy Waite to approve, Kevin Murray to approve, Ron Folsom to approve, Greg Maeser to approve, Elaine McGary to deny, Tom Hunsaker to deny, Dick Bybee to deny, Karen Anderson to deny. The motion was a tie. Dick Bybee made a motion to approve the proposed amendments to Title 10. Kevin Murray seconded the motion. Voting was all in favor. The motion carried. Exhibit D - City Council Meeting, September 6, 2001 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the City of Ammon proposes to increase existing fees by an amount that exceeds one hundred five percent (105%). The increases are necessary to cover increased costs of operation associated with these programs. Current Fees Proposed Fees 2001FY 2002FY Swn--ing Lessons: .ADaon Resident Non-Resident Open Swim Tickets: Ch:lldren Adults Season Passes: Fam:l.ly (50) Swims $50 $60 Individua1 Child $40 $50 Individua1 Adult $50 $60 Any person who desires to provide comments re- garding such. fee increase may appear at City Council Meeting on Thursday, September 6, 2001, at 7:30 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho. Aleen C. Jensen, City Clerk Published: Aug.30 & Sept. 6, 2001 $22 $24 $24 $26 $1.25 $1.75 $1. 50 $2.00 Exhibit E - City Council Meeting, September 6, 2001 NOTICE OF PUBLIC HEARING BUDGET FOR FISCAL YEAR 2001-02 (FY2002) CITY OF AMMON, IDAHO NOTICE IS HEREBY GIVEN that the City Council of the City of Ammon, Idaho will hold a public hearing for consideration of the proposed budget for the fiscal period October 1, 2001 - September 30, 2002, pursuant to the provisions of Section 50-1002 Idaho Code. The hearing will be held at City Hall, 2135 S. Ammon Road, Ammon, Idaho, at 7:30 P.M. on Thursday, September 6, 2001. All interested persons are invited to appear and provide comments regarding the proposed budget. Copies of the proposed budget (in detail) are available at the City Clerk's office from 8:00 A.M. to 5:00 P.M. City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities related to the budget documents or the hearing, please contact the City Clerk's office at 529-4211 at least 48 hours prior to the public hearing. GENERAL FUND: General Government Law Enforcement Fire Protection Building Dept. Parks & Recreation Total General Fund STREET FUND STREET RESERVE FUND FIRE DEPT. RESERVE WATER FUND SEWER FUND SANITATION FUND WATER IMP. FUND SEWER IMP. FUND SANITATION RESERVE FUND CARRY OVER TOTAL PROPOSED EXPEND. PROPOSED EXPENDITURES FY 2000 FY2001 Actual Budget Expenditures Expenditures $ $ 691,843 612,019 125,351 183,012 206,277 166,600 123,594 130,500 118.190 223.000 $ 1,265,255 1,315,131 510,409 361,600 00 1,122,588 00 142,000 1,115,861 450,600 507,431 334,020 438,338 180,600 5,497 1,505,606 20,050 627,985 00 315,000 639.230 00 $ 4,502,071 $ 6,355,130 ESTIMATED REVENUE FY2000 FY2001 Actual Budget Revenues Revenues $ 273,443 $ 326,468 FY2002 Proposed Expenditures $ 727,564 196,286 72,250 145,000 212.400 $ 1,353,500 1,768,300 1,180,000 136,000 541,000 815,414 340,000 1,767,291 662,985 315,000 00 $ 8,879,490 FY2002 Proposed Revenues $ 387,000 GENERAL FUND TAX LEVY REVENUE - OTHER SOURCES: State Revenue Sharing - Sales Tax 182,063 182,361 194,000 Franchise Tax 33,790 36,000 60,000 Licenses 8,282 7,000 7,500 Building Permits 201,438 200,000 200,000 Liquor Apportionment 84,403 71,612 65,000 Sales Tax, Inv. Rep. 19,119 17,316 25,000 Misc. Services 5,013 00 6,200 Recreation Fees 58,969 58,200 64,700 Magistrate Court 3,257 4,000 12,000 Bonds, Animal & Parking 839 1,500 1,600 Interest Earnings 181,904 267,750 250,000 Misc. Revenue 28,507 26,200 32,800 Grants 12,000 00 25,000 Trans. & CarryOvers 2,140,645 3,911,351 6,004,050 Highway Users 275,955 278,882 266,000 Water Fund 415,694 420,000 516,000 Sewer Fund 271,872 277,490 452,640 Sanitation Fund 162,812 160,000 200,000 Water Imp. Fund 72,290 59,000 85,000 Sewer Imp Fund 69.776 50.000 25,000 TOTAL ESTIMATED RVENUE $ 4.502,071 $ 6,355,130 $ 8,879,490 I, Aleen C. Jensen, City Clerk-Treasurer of the City of Ammon, Idaho, do hereby certify that the above is a true and correct statement of the proposed expenditures and revenues for the fiscal year 2001-2002, all of which have been tentatively approved by the City Council on August 23, 2001, and entered at length in the Journal of Proceedings. Dated this 24th day of August, 2001. Aleen C. Jensen, City Clerk-Treasurer Published: Aug. 28 & Sept. 4, 2001 Exhibit F - City Council Meeting, September 6, 2001 RESOLUTION WHEREAS claiIdreu ad teeDager. deserve to aro". up safe, healthy, loved, seeure and ".ell-educated, ad WHEREAS the DoDDevIlle Youth Development Couda is pnpariDg to ulldertake . major effort to streDetheD families aod IlIlite the commuDity to become a caring community for chUdreD, and WHEREAS the focus will be OD developiDg a community-wide infrastructure to Iurround chDdren and adolescents with the wide raoge of assets that are crucial for healthy developmeDt, aDd WHEREAS we recognize the interdependeoce of government, schools, bu.smesses, social service agencies, civic orguJzatioDs, and neipborhoods ud thus beHeve the best ",.y to ensue our chDdreu'. Cunare is to work together, aad WHEREAS because of its traditions, community spirit ud strong commitmaat to make these efforts succeed and to become a model for other commuities throughout the state, NOW THEREFORE BE IT RESOLVED that Boooeville COllDty, the Cities of Idaho FaDs, AmmOD, Ucon aDd IODa endorse the 4()"asset initiative by the Bonneville Youth Development Co_en, and - BE IT FURTHER RESOLVED tbat the above meatio.cd elltities iDvite ad encourage schools, parents, and all resideDts of BODlleville COWlty to joia in this partDenhip beDeOtlng chOdren, teenagers, families ud ultimately each one of u.s ad do hereby proclalm Saturday, September 8, 2001, as Asset Awareness Day. Ch.lrma, Bonneville County CollUDissionen Mayor, City of Idaho Falls Mayor, City of AmmoD Mayor, City of looa Mayor, City of Veon