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Council Minutes 06/20/1985 June 6, 1985 June 20, 1985 29() limit. Attorney Anderson advised that the City Council could take action to require the owner to have the house taken away. It was moved by Councilman Quigley and seconded by Councilwoman Dille that, upon receipt of the judge's decision on the McQuillen case, if it is in favor of the City, that Mr. McQuillen be given ten days from the date of the order to have the log home moved; voting was all in favor; motion carried. The matter of the claim filed against the City by the Smiths for a portion of their legal expenses incurred while they have been involved in the problem of the location of the log house was discussed. It was pointed out that the claim has been denied by the City's insurance carrier because it was not filed within the time allowed by state statute, but Attorney Anderson stated that the Smiths can submit again if they have additional information to be considered. In accordance with a recommendation in a report from the Planning and Zoning Commission, I a motion was made by Councilwoman Dille and seconded by Councilman ~onson to extend the Special Use Permit for storage graineries on the property owned by Judys' Ida-Mon Ranches at 3070 Sunnyside Road. Voting on the motion was Dille yes, Monson yes, Williamson yes, Quigley yes; motion carried. Councilwoman Dille reported on the animal control work and the monthly activities of the Volunteer Fire Department. Approval was indicated on a request for a tennis-court dance on July 4 which was mentioned by Councilman Quigley. With reference to the bid opening on May 23, 1985, for the purchase of a used fire truck, Councilman Williamson informed the Mayor and other Council meDbers that further action is needed since the truck for which the bid had been accepted was already sold. A list of other used fire trucks which were available from a company in VanBuren, Arkansas, was reviewed and terms for a purchase if approved were mentioned. Council- man Williamson moved that the City purchase a 1966 GMC fire truck for the quoted price of $21,375 and that a check for $500 as down payment be sent to Wilson Fire Apparatus, Inc., in VanBuren, Arkansas. Councilman Monson seconded the motion; voting was Williamson yes, Monson yes, Dille yes, Quigley yes; motion carried. Councilman Williamson pointed out that fire hose can be bought from the same company at a good price. It was moved by Councilman Quigley and seconded by Councilwoman Dille that an order be placed for 500 feet of 2t-inch hose at $1.50 per foot and 200 feet of It-inch hose at $.99 per foot; voting was all in favor; motion carried. Claims were presented and approved for payment in the amount of $24,943.76, and vouchers for expenditures paid since the previous meeting totaling $9,488.65 were also approved. I A motion to adjourn was made by Councilwoman Dille and seconded by Councilman William- son; voting was all in favor; the meeting was adjourned at 9:30 P.M. ATl'EST, ~>V ~ CITY CLERK ~~ 11~~ /~OR- - ~ CITY OF AMMON June 20, 1985 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor Russell N. Swensen with the following City Officials present: Mayor Russell N. Swensen Councilman Thayle D. Monson Councilman Robert D. Williamson Councilman Merle J. Quigley Absent: Councilwoman Carol A. City Clerk Deon Hemingway Public Works Director Hayse Attorney W. Joe Anderson Engineer David E. Benton Dille L. Whiteley Others present during the meeting were Mr. and Mrs. Loren Peterson of 2950 Geneva Drive and Shirley Dawson of 2970 Geneva Drive. The pledge of allegiance to the flag was directed by Mayor Swensen and the invocation was offered by Councilman Monson. I The first item of business was a public hearing on an application for a variance filed by Loren Peterson of 2950 Geneva Drive. Mayor Swensen announced that the notice of public hearing had been published and written notices sent to neighboring property owners. He also reviewed the requirements of the law for conducting public hearings. Loren Peterson and Shirley Dawson were sworn in to give testimony. It was noted that the application requested a variance of 2t feet to be allowed to build an attached garage with a sideyard of 5 feet at the front corner on a lot that is narrower in front than in the back so that the front of the garage would be even with the front of the existing house. Mrs. Dawson expressed concern about the distance that would be left between the houses, and Mr. Peterson pointed out that there would still be 17 feet since the side of Dawson's house is 12 feet from the property line. In response to a question by Councilman Monson, Mr. Peterson explained that the zoning require- ment of 7t feet of sideyard could be met if the proposed garage were moved back about 4 feet but he would like to get a variance for aesthetic reasons, as mentioned in the I M M (Y) (!J <( <( I I June 20, 1985 297 application, to make the home look bigger. The public hearing was closed. Councilman Williamson noted that granting a variance for aesthetic reasons was not consistent with the guidelines listed in the city ordinance on this subject, and he moved to deny the variance requested by Loren Peterson; the motion was seconded by Councilman Monson; voting was Williamson yes, Monson yes, Quigley yes; motion carried and the variance request was denied by unanimous vote. It was agreed that the next meeting should be re-scheduled for 7:30 P.M. on Wednesday, July 3, 1985, inasmuch as the regular meeting date would be on Independence Day. Consideration was given to an a lication for a ermit to sell fireworks filed by Don and Brenda Pollard (Galaxie Distributing Co., Inc. , 115 Taft St., Pocatello, Idaho. It was moved by Councilman Quigley and seconded by Councilman Monson that the permit be granted subject to the approval of the Fire Chief as required by city ordinance; voting was all in favor; motion carried. The matter of putting an entry in the July 4th parade in Idaho Falls, as suggested by Councilman Williamson several months ago, was discussed. Councilman Monson moved to not have an entry this year; the motion was seconded by Councilman Quigley; voting was Monson yes, Quigley yes, Williamson no; motion carried. Councilman Quigley reported that representa ti ves of the Boy Scouts Teton Peaks Council asked him to express appreciation to the City for the use of McCowin Park and the services of the city personnel during the recent pre-jamboree campout. He mentioned also that a set of bleachers has been built for Peterson Park with the materials having been purchased with funds designated for this purpose from the Knothole Baseball program and the work being done by Scott Frei of 2590 Hillam Drive as an Eagle Scout project. In connection with the Scout campout in McCowin Park, Mayor Swensen noted that a special flag, which had been flown over the capitol building in Washington, D.C., and which was sent to the City by Senator Steven Symms, was put into use for this special activity. According to Attorney Anderson, the judge has signed a memorandum but not an order regarding the McQuillen appeal, and a letter has been sent to Mr. McQuillen's attorney giving notice of the action taken by the City Council requiring the log house to be moved within ten days of the date of the order. He reported that a settlement of $1500 has been worked out with Horace and Theone Smith on their claim for damages for attorney fees relating to the McQuillen case, and the insurance adjuster has been contacted about this. Mayor Swensen expressed a desire to do everything possible to get the matter finished. With reference to the inquiry at the previous meeting from Orin Searle of 3055 Teton Street, Councilman Williamson reported that he had checked on the property, and he moved that the City not sell or lease any of the City land by Well #6 to Mr. Searle. Councilman Monson seconded the motion and voting was all in favor; motion carried. In response to information presented by Councilman Williamson, Mayor Swensen agreed to write a letter to Jeff Eaton of 130 Tiebreaker Drive regarding the public nuisance which exists from Mr. Eaton's use of the City street right-of-way on the south side of his property for storage of vehicles and equipment. The Public Works Director reviewed matters concerning street signs, mowing weeds, and installing a handrail and raising the height of the fence at the swimming pool to meet the standards of the State Health Department. Mayor Swensen and Councilman Quigley gave reports on workshops they attended at the Annual Conference of the Association of Idaho Cities concerning the Fair Labor Standards Act, a city report card to let the citizens know about the progress of the city, and model conservation standards to adopt in connection with building codes. Claims to pay totaling $20,600.98 were presented by the City Clerk and approved, along with claims paid since the previous meeting in the amount of $12,626.69. A motion to adjourn was made by Councilman Williamson and seconded by Councilman Monson; voting was unanimous in favor; the meeting was adjourned at 9:05 P.M. ATrEST, ~~n CITY CLER ~ /!,~~ /iillQii : - -- .