Council Minutes 05/03/1984
April 19, 1984
May J, 1984
262
Mayor pointed out that he checked the School Board minutes and the City was not mentioned
as being involved in getting the ditch covered several years ago.
Claims to pay in the amount of $14,134.57 and vouchers for expenditures since the pre-
vious meeting totaling $7,100.79 were presented and approved.
A motion to adjourn was made by Councilwoman Dille and seconded by Councilman Monson;
voting was all in favor; the meeting was adjourned at 9:15 P.M.
ATTEST, L~
CI T1 CLERK
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CITY OF AMMON
May 3, 1984
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 Merle J. Quigley
Councilman Robert D. Williamson
Councilwoman Carol A. Dille
Absent: Councilman Thayle D. Monson
Others present during the meeting were Margaret Cuda, 240 Ronglyn, Idaho Falls; Judy
Yela, 387 Montcliffe, Idaho Falls; Lee Dille, 3095 Central Ave., Ammon; and Tim
Ingram of the Volunteer Fire Department.
The pledge of allegiance to the flag was directed by Councilman Quigley and the invo-
cation was given by Councilwoman Dille.
The first item of business was a public hearing on an application for variance filed
by Margaret Cuda, the owner of a parcel of residential property located on the north
side of Molen Street between Central Avenue and Meadow Lane. Mayor Svrensen called
attention to the procedures required for conducting a public hearing as required by
law, and pointed out that the meeting had been properly advertised and notice was
given to the adjacent property owners. It was noted that the lot, which is a portion
of Lot 5 Block 9 Original Townsite, is 72 feet wide and is in the R-l Zone where the
minimum width is supposed to be 80 feet, so a variance of 8 feet was being requested.
Mrs. Cuda explained that she had acquired the property in lieu of a debt, and she
would like to have the variance to make the lot saleable as a residential building
site. Lee Dille stated that he is a neighboring property owner and wanted to go on
record as being in favor of the proposal with no objections. It was also made a
matter of record that a letter was received from Rex Purcell, who lives in Nevada
but is the owner of the adjoining lot at 3415 Molen Street, registering objection on
the basis that it would not be in the best interest of the adjacent property owners.
There was discussion regarding the distance to the homes on each side and the location
of an existing garage that is right up to the property line on the lot to the west,
which is allowed by the zoning for a detached garage built 12 feet or more behind the
house that faces on Central Avenue. Mr. Dille asked if the concerns of the Purcells
could be eased by making a stipulation that there cannot be any variance given on
setbacks when a building is put on the property. Further information presented by
Mrs. Cuda indicated that the resident to the west wants to buy the land to use as it
is without building on it but is not able to do so at this time and will not know for
several months whether or not he can make the purchase. Hayse Whiteley pointed out
as City Building Official that there would be no problem building a house as wide as
57 feet on a lot with 72 feet of frontage and still meet all of the front-yard,
back-yard, and side-yard setbacks. There being no further comments, the hearing was
closed.
City Clerk Deon Hemingway
Public Works Director Hayse
Engineer David E. Benton
Attorney W. Joe Anderson
L. Whiteley
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The Council members proceeded to deliberate on the variance request for Margaret Cuda,
on which the public hearing was just completed. Councilman Williamson questioned
whether a variance could be granted inasmuch as the property was part of a larger lot
until fairly recently, and the City ordinance, Section 11-7-8-2(5) states that evi-
dence must find that the hardship (in this case narrowness of the lot) "has not been
caused by an action of the property owner taken after the effectiveness of this
ordinance". Councilwoman Dille and Councilman Quigley reasoned that the narrowness
had not been caused by action of the present owner who took the land in settlement of
a debt, but was because of the division of the lot by those who had possession in the
past. A suggestion that the owner try to buy additional footage on the west to make
the lot wider was acknowledged to not be feasible since it would create a problem of .
accessibility to the existing garage on the neighbor's land. Reference was made by
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May 3, 1984
May 17, 1984
263
Councilman Williamson to the letter of objection from the adjacent property owner on
the east which he felt should have influence on the decision, and he also stated that
City Ordinance Section 11-3-10 makes it clear that the width should have been looked
at before the property ownership changed to make a legal lot. It was moved by Council-
man Quigley and seconded by Councilwoman Dille that a variance of 8 feet (on the width
of the lot described as the East 72 feet of the West 188.5 feet of the South 100 feet
of Lot 5 Block 9 Original Townsite of City of Ammon) be granted as requested. The
possibility of including a condition that no variances in the required setbacks would
be allowed when a structure is built on the lot was discussed, and it was decided
that this could not be done. Voting on the motion was Quigley yes, Dille yes,
Williamson no, (Monson absent); the motion was carried and the variance approved.
Councilman Quigley reviewed matters concerning the parks and swimming pool. According
to Attorney Anderson, the hearing on the current Utah Power & Light Company rate-increase
case will start on June 4 in Pocatello. Councilman Williamson reported on his attendance
at a recent civil defense seminar on disaster preparedness. Regarding the Bonneville
Fire District, Councilman Williamson mentioned that the Fire District officials have
indicated that they are preparing a reply to the letter sent to them several weeks ago,
and he offered the information as a matter of interest that the City of Idaho Falls
has already set a precedence for providing mutual aid fire protection to other areas
by having an agreement with the Idaho National Engineering Laboratory site. Additional
details about plans to have a new aerial map made were presented by Engineer Benton.
With reference to the notice sent out about abating the nuisance which resulted from a
fire at 3125 Rawson Street, Public Works Director Hayse Whiteley noted that the job
has been about fifty percent completed; and Councilman Quigley, as the property owner,
explained his need to have an extension of time. Following a discussion regarding
how much additional time was appropriate, it was moved by Councilman Williamson and
seconded by Councilwoman Dille that the Public Works Director be authorized to give an
extension until June 1, 1984, on the abatement of a nuisance at 3125 Rawson Street and
that the abatement include everything to the foundation or basement. Voting on the
motion was Williamson yes, Dille yes, Quigley abstain; Mayor Sw'ensen' s vote to break
the tie was yes; motion carried.
Mayor Swensen called attention to a letter of resignation effective July 1 submitted by
Acting Fire Chief Douglas Brinkman. Regarding a workshop which he attended sponsored
by State Insurance Fund on the subject of workers compensation, Mayor Swensen reported
that the information presented was helpful for establishing safety programs and that
films are available for showing to employees. He commented on answers received from
the two U. S. Senators in response to letters sent expressing concern about changes
being considered in the formula used by Bonneville Power Administration for power ex-
changes which would affect the electricity rates for residents in Ammon.
Claims to pay totaling $7,308.11 and vouchers for disbursements for payroll, etc., since
the previous meeting in the amount of $5,433.40 were presented and approved.
A motion to adjourn was made by Council woman Dille and seconded by Councilman Williamson;
voting was all in favor; the meeting adjourned at 9:00 P.M.
ATTEST:
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CI~Y CLERK /-"'''--'-T7
CITY OF AMMON
May 17, 1984
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at 7:30 P.M. by Council President (Acting Mayor)
Thayle D. Monson with the following City officials present:
Council President Thayle D. Monson City Clerk Deon Hemingway
Councilman Robert D. Williamson Public Works Director Hayse L. Whiteley
Councilwoman Carol A. Dille Engineer David E. Benton
Councilman Merle J. Quigley
Absent: Mayor Russell N. Swensen
Others present during the meeting were Neil and Eja Allen of 2735 Salmon Stre1et, Annette
Turner of 2715 Salmon Street, Mr. and Mrs. Kelly McKinlay of )620 Vaughn Street; also
Tim Ingram and Jim Crumb of the Volunteer Fire Department.
The pledge of allegiance to the flag was directed by Councilman Quigley and prayer was
given by Acting Mayor Monson. Minutes of the meeting of April 19, 1984, were approved
as prepared.
The first item of business was a public hearing on an application for a variance sub-
mitted by Neil and Eja Allen, 2735 Salmon Street, to be allowed to construct an attached
garage w'i th a sideyard of 5 feet instead of 7t feet as. specif~ed in the zoninK ordin?-nce
for an R-l Zone. It was noted that the notice of publlC hearlng had been pubIlshed ln