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Council Minutes 07/18/1985 I rf rf (Y) (!J c::x: <( I I July 18, 1985 CITY OF AMMON July 18, 1985 299 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:JO P.M. by Mayor Russell N. Swensen with the following City Officials present: Mayor Russell N. Swensen Councilman Merle J. Quigley Councilwoman Carol A. Dille Councilman Robert D. Williamson Councilman Thayle D. Monson Others present during the meeting were Roger M. and Lori K. Brown of J825 Geneva Dr. and Lee Dille. City Clerk Deon Hemingway Public Works Director Hayse Engineer David E. Benton Attorney W. Joe Anderson Planning Commission Member L. Whiteley Charles Stevenson The pledge of allegiance to the flag was directed by Councilman Williamson and the in- vocation was given by Councilman Quigley. Later in the meeting the minutes of the meeting on April 18, 1985, were approved as prepared with a motion by Councilwoman Dille and a second by Councilman Quigley; voting was all in favor; motion carried. The meeting was opened as a public hearing on an application for a variance for Roger and Lori Brown of J825 Geneva Drive, requesting permission to enlarge an attached garage with 26 feet of front yard instead of JO feet as required in the R-l Zone. Mayor Swensen explained that the notice of hearing had been published and the adjoining pro- perty owners had been informed of the hearing by mail. There were no citizens present except the applicants. In accordance with the City ordinance, Mr. and Mrs. Brown took an oath to present information during the public hearing. In response to questions from the Council members, the Browns explained that they planned to build an entirely new garage, and the reason for wanting the front of the structure to extend 4 feet beyond the existing garage, as mentioned in the application, was to be able to have a walk-in door in the side wall facing the front porch of the house. The public hearing was closed. The Mayor and Council members reviewed the City code concerning the findings that must be determined before a variance should be granted, and discussed the lack of a hardship condition relative to the Brown's property. Councilwoman Dille moved to deny the variance because of the strictness of the ordinance which does not give the Council any choice. The motion was seconded by Councilman Monson; voting was Dille yes, Monson yes, Williamson yes+ Quigley no; motion carried three to one. It was moved by Council- man Quigley and seconded by Councilwoman Dille that consideration be given to adding a section in the variance ordinance to allow for variances that would have the effect of increasing the value of property without detracting from the utility of the law; voting was all in favor; motion carried. Mayor Swensen assigned Councilman Monson to be the Chairman and Councilman Quigl~y to serve on a committee, along with a member of the Planning and Zoning Commission, to come up with a recommendation on the suggestion made in the preceding motion. As a representative of the Planning and Zoning Commission, Charles Stevenson reported that a public hearing has been completed and a recommendation made by the Commission to approve a request for zone changes and annexation with initial zoning on property owned by Harvey Hatch, etal, located on the north side of 17th Street and east of Valley Care Center. He noted that, during the public hearing, there was some objection expressed to the zoning for manufactured residences on a portion of the land, but the voting of the five members of the Planning and Zoning Commission in attendance was unanimous in favor of recommending the Manufactured Residence Zone and the zone changes to C-l, R-2A, and R-JA. A motion was made by Councilwoman Dille and seconded by Councilman Quigley that the City Council schedule a public hearing at 7:JO P.M. on August 15, 1985, on the Hatch property zoning and annexation request; voting was all in favor; motion carried. The subject of a license for the sale of beer for consumption on the premises was brought up for discussion, and it was noted that an application was filed by Karen and Miguel Garcia for serving beer with meals at their "Garcia's Taste of Texas" res- taurant located at 2765 E. 17th Street. As a matter of explanation and advice, Attorney Anderson pointed out that the City of Ammon has heretofore denied licenses for consump- tion of beer on the premises, but a recent court case involving the City of Rexburg determined that a city cannot deny a license for consumption on the premises where the State law permits it. Councilman Williamson moved to approve a beer-by-the-drink license for "Garcia's Taste of Texas" as requested in the application submitted by Karen and Miguel Garcia; the motion was seconded by Councilwoman Dille; voting was Williamson yes, Dille yes, Quigley yes, Monson no; motion carried. Councilman Williamson reported that a response to his letter to the Federal Energy Regula- tory Commission has been received stating that the City can apply for a new permit for hydro-electric development at Ririe Dam, if desired. According to information presented by Attorney Anderson, the appeal time on the McQuillen loghouse court order will run out next week. Public Works Director, Hayse Whiteley, expressed concern about the serious problems that the City's two garbage trucks have and asked if the City Council might con- sider going to a contract for private collection. The City Clerk presented claims to pay in the amount of $26,J44.27 and vouchers for pay- roll and related expenses paid since the previous meeting totaling $14,JoO.J8, all of which were approved. A motion to adjourn was made by Councilwoman Dille and seconded by Councilman Quigley; voting was all in favor; the meeting was adjourned ATTEST, __LI %~ .__u.CI~ f/ r7 --c .-L II,