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<br />I <br /> <br />rf <br />rf <br />(Y) <br />(!J <br />c::x: <br /><( <br /> <br />I <br /> <br />I <br /> <br />July 18, 1985 <br /> <br />CITY OF AMMON <br />July 18, 1985 <br /> <br />299 <br /> <br />Minutes of the Regular Meeting of the Mayor and City Council: <br /> <br />The meeting was called to order at 7:JO P.M. by Mayor Russell N. Swensen with the <br />following City Officials present: <br />Mayor Russell N. Swensen <br />Councilman Merle J. Quigley <br />Councilwoman Carol A. Dille <br />Councilman Robert D. Williamson <br />Councilman Thayle D. Monson <br /> <br />Others present during the meeting were Roger M. and Lori K. Brown of J825 Geneva Dr. <br />and Lee Dille. <br /> <br />City Clerk Deon Hemingway <br />Public Works Director Hayse <br />Engineer David E. Benton <br />Attorney W. Joe Anderson <br />Planning Commission Member <br /> <br />L. Whiteley <br /> <br />Charles Stevenson <br /> <br />The pledge of allegiance to the flag was directed by Councilman Williamson and the in- <br />vocation was given by Councilman Quigley. Later in the meeting the minutes of the <br />meeting on April 18, 1985, were approved as prepared with a motion by Councilwoman Dille <br />and a second by Councilman Quigley; voting was all in favor; motion carried. <br /> <br />The meeting was opened as a public hearing on an application for a variance for Roger <br />and Lori Brown of J825 Geneva Drive, requesting permission to enlarge an attached garage <br />with 26 feet of front yard instead of JO feet as required in the R-l Zone. Mayor <br />Swensen explained that the notice of hearing had been published and the adjoining pro- <br />perty owners had been informed of the hearing by mail. There were no citizens present <br />except the applicants. In accordance with the City ordinance, Mr. and Mrs. Brown took <br />an oath to present information during the public hearing. In response to questions <br />from the Council members, the Browns explained that they planned to build an entirely <br />new garage, and the reason for wanting the front of the structure to extend 4 feet <br />beyond the existing garage, as mentioned in the application, was to be able to have a <br />walk-in door in the side wall facing the front porch of the house. The public hearing <br />was closed. The Mayor and Council members reviewed the City code concerning the findings <br />that must be determined before a variance should be granted, and discussed the lack of <br />a hardship condition relative to the Brown's property. Councilwoman Dille moved to deny <br />the variance because of the strictness of the ordinance which does not give the Council <br />any choice. The motion was seconded by Councilman Monson; voting was Dille yes, Monson <br />yes, Williamson yes+ Quigley no; motion carried three to one. It was moved by Council- <br />man Quigley and seconded by Councilwoman Dille that consideration be given to adding a <br />section in the variance ordinance to allow for variances that would have the effect of <br />increasing the value of property without detracting from the utility of the law; voting <br />was all in favor; motion carried. Mayor Swensen assigned Councilman Monson to be the <br />Chairman and Councilman Quigl~y to serve on a committee, along with a member of the <br />Planning and Zoning Commission, to come up with a recommendation on the suggestion made <br />in the preceding motion. <br /> <br />As a representative of the Planning and Zoning Commission, Charles Stevenson reported <br />that a public hearing has been completed and a recommendation made by the Commission to <br />approve a request for zone changes and annexation with initial zoning on property owned <br />by Harvey Hatch, etal, located on the north side of 17th Street and east of Valley Care <br />Center. He noted that, during the public hearing, there was some objection expressed <br />to the zoning for manufactured residences on a portion of the land, but the voting of <br />the five members of the Planning and Zoning Commission in attendance was unanimous in <br />favor of recommending the Manufactured Residence Zone and the zone changes to C-l, R-2A, <br />and R-JA. A motion was made by Councilwoman Dille and seconded by Councilman Quigley <br />that the City Council schedule a public hearing at 7:JO P.M. on August 15, 1985, on the <br />Hatch property zoning and annexation request; voting was all in favor; motion carried. <br /> <br />The subject of a license for the sale of beer for consumption on the premises was <br />brought up for discussion, and it was noted that an application was filed by Karen and <br />Miguel Garcia for serving beer with meals at their "Garcia's Taste of Texas" res- <br />taurant located at 2765 E. 17th Street. As a matter of explanation and advice, Attorney <br />Anderson pointed out that the City of Ammon has heretofore denied licenses for consump- <br />tion of beer on the premises, but a recent court case involving the City of Rexburg <br />determined that a city cannot deny a license for consumption on the premises where the <br />State law permits it. Councilman Williamson moved to approve a beer-by-the-drink <br />license for "Garcia's Taste of Texas" as requested in the application submitted by <br />Karen and Miguel Garcia; the motion was seconded by Councilwoman Dille; voting was <br />Williamson yes, Dille yes, Quigley yes, Monson no; motion carried. <br /> <br />Councilman Williamson reported that a response to his letter to the Federal Energy Regula- <br />tory Commission has been received stating that the City can apply for a new permit for <br />hydro-electric development at Ririe Dam, if desired. According to information presented <br />by Attorney Anderson, the appeal time on the McQuillen loghouse court order will run out <br />next week. Public Works Director, Hayse Whiteley, expressed concern about the serious <br />problems that the City's two garbage trucks have and asked if the City Council might con- <br />sider going to a contract for private collection. <br /> <br />The City Clerk presented claims to pay in the amount of $26,J44.27 and vouchers for pay- <br />roll and related expenses paid since the previous meeting totaling $14,JoO.J8, all of <br />which were approved. A motion to adjourn was made by Councilwoman Dille and seconded by <br />Councilman Quigley; voting was all in favor; the meeting was adjourned <br /> <br /> <br />ATTEST, __LI %~ <br />.__u.CI~ f/ r7 <br /> <br /> <br /> <br />--c .-L <br /> <br />II, <br />