Loading...
HomeMy WebLinkAbout1975.10.22 CITY COUNCIL MINUTESRE: SPECIAL MEETING TO BE HELD ON OCT. 22 FOR REZONING, POST OFFICE TO PAY FOR PIPE AND EXCAVATION FOR 247 FEET The Mayor noted that a special meeting of the City Council would be fj held October 22nd to hear the petition of Manwaring Construction Company for re-zoning changes. He further reported that he had negotiated the building permit with the post office department and they had agreed to pay for the pipe and excavation for;247 feet which would amount to more than the building permit. RE: WALTERS ASK TO BUY PROPERTY FROM CITY Mary Smith reported that Mrs. Harvey Walters had asked that the old dump together with the Howard property be put up for sale; that they were interested in purchasing the same as they needed additional area for their business operations. The Mayor reported that when the dump was closed, the National Guard had started levelling it with the idea that the City have a park there and the City had purchased the Howard property to square up the area, and that the people in the Ricks-Wade Addition think that someday the City will construct a park on that ground. The matter was discussed. The Mayor suggested that it be taken under consideration. I RE: BILLS PASSED It was moved by Warren Porter, seconded by Glenn Peterson and unanimously carried, that the bills be paid. I RE: MEETING ADJOURNED It was moved by Glenn Peterson, seconded by Warren Porter and unanimously carried that meeting adjourn. ~ % .' ~~ ~ - ~! ,%C~ _ - c City Cl~rk, A ton Anderson .~~ May r, n C. Porter MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF REXBURG, IDAHO Minutes of the special meeting of the Rexburg City Council held October 22, 1975, at the City Hall in Rexburg, Idaho. Present were Mayor John C. Porter, Councilmen Glenn Peterson, Warren Porter, George Catmull, Morgan Garner, Barton Jensen, and Nile Boyle. Also present were members of the news media, and City Attorney, Mary Smith. Minutes were taken by Afton Anderson, City Clerk. I RE: MINUTES READ The minutes of the previous meeting held October I, 1975, were read and corrected. It was moved by Councilman Glenn Peterson that the minutes be approved as corrected. Councilman Warren Porter seconded and it was unanimously carried. RE: QUESTION ON LID FOR ORSON SMITH Mayor Porter reported that Orson Smith was in with a question on his LID. He has previously been charged on an LID for the sewer to be put to his home. Now that the sewer line is going down the other side of his property, he is again having to pay sewer. Councilman Barton Jensen stated that Mr. Smith was charged on this LID for only a portion of his ground which could be sold as a lot. There was already an allowance made Mr. Smith. The Council agreed that it should be left as it is. LANDFILL AND ALLEY BEHIND VFW HALL DISCUSSED AT MEETING WITH COUNTY COMMISSIONERS Mayor Porter reported on the meeting with the Councy Commissioners. The sanitary landfill is open longer hours. There is now a sign at the landfill upon which the hours are posted. The county will buy a large capacity 3 yd dumpster to place at the entrance to the landfill for people to put in garbage when the landfill is closed. The city truck will empty it when they are out there. Another thing discussed was the remodeling of the VFW hall that the County is doing. The alley behind the building and parking lot is bad need of repair. The County has asked the City to participate in the cost of the oiling ~ as the City Police use this alley as much as they do. They have ~ asked that the City pay for the oil and the County would pay for the laying of it. RE: PUBLIC HEARING Public Hearing 8:00 P. M. This being the second public hearing asking for a zoning change on the property owned by Manwaring Construction Company Inc., in the area of Ist North and Ist East. Mayor Porter opened the proceedings. Attending were Rodney Arquette, Teri Hillyard, A. H. Brock, Arnold Jensen, K. W. Zollinger, Steve Meyers, Lynn Sanders, Matthew Garner, Edna Garner, J. Ted Garner, Harlow McNemara, James Barrett, Dee Fullmer, Jed Clawson, John Millar. Others attending were, Ron Haroldson, Kerry Sorensen, Dennis Fikstad, Ina Fikstad, Ruby Ard, Rula Hinckley, Gaya Jackson, Rulon Jackson, Virginia Zollinger, C. W. Zollinger, Reed Squires, Glen Pond, Roger Porter, Blair Manwaring, Var Manwaring, Gordon Thatcher, John Zirker, Gale Weber, Diane Sharp, Dean Sharp, Deborah Larson, Mildred Jeppesen, Mrs. George Wilding. Attorney, Gordon Thatcher (Manwaring Attorney) began by stating the absolute necessity for the Manwarings to have the industrial use of this property. The business has grown until they must have room to expand their business. Mr. Thatcher suggested that the people in this area should not protest the use of this property if it were used for the storage of materials and parking for employees. He read the proposals given in writting to the council, which they would be willing to conform to. They would be willing to put in a fence separating their property from adjacent property. The fence would be chain link with redwood slats, 5 to 8 feet high. There would be twenty foot of landscaping with a 5 foot side yard. They would move the building back. Mr. Thatcher then had Mr. Jed Clawson of American Land Title tell the council and gathering of the impact the industrial use of this property would have on the homes there. Mr. Clawson did not feel that this would lower the value of the homes but would instead increase their value as there would be considerable beautification which the Manwarings had agreed to. He felt as an appraiser, that the highest and best use of the property would be industrial or commercial due to the location of three other business' in that area already. Mr. Harlow McNamara, Attorney for the residents, stated that his clients were not agreeable to this plan; that they still feel the value of their homes is the issue here. He questioned Mr. Clawson as to the reasons for his findings. Mr. McNemara registered written protest of property owners to show that the people in the area feel that it is detrimental to their property to have this property commercial or industrial. Manwarings purchased the property knowing what the zoning was. The residents were there first. When Manwarings built the other building the residents in the area agreed to let them expand with the assumption that they would move no farther into the residential area. They submit that the facts remain the same as when the council turned down the zoning change before. They therefore, ask the council not only to turn down the zoning change but to enforce the present zoning. Manwarings have been operating in violation and the council has ordered them to cease and desist, which has been ignored and Manwarings continue to oerate in violation. Reed Squires voiced his opinion that the city should encourage the growth of industry in any way they can. Arlon Jackson questioned the right of any business to move into a residential area farther and farther. He didn't want to live right in the middle of an industrial area. James Barrett stated that they were not against the Manwarings but they want their residential area. We gave them twenty feet before with no fight and forgot it. Now they want to move farther into our residential zone. Where do we draw the line? Ina Fikstad: It does decrease the price of our property. I do want the residential zone to stay as it is. Rula Hinckley: i would like it to stay residential. Reed Larsen: Industry does have an effect on residential. No question. You are closer to a compromise than you think you are. ,. Virginia Zolliger: When they grow more where are they going? They wi1"~ be growing right on top of us. Dee Fullmer: Twenty years ago gravel pit was moved in there. The residents gave permission on a temporary basis. Business has mushroomed and so will Manwarings. I don't want the noise and smell 50 feet from me. Blair Manwaring: We were short sited but we have improved the area some. There was a open cess pool; was closed that and have put in a sewer line. We tore down the pig pen. They wanted to be in the city limits and could find no other available property at the time. There are already Garners, Walters, and Rexburg Lumber, and we are thankful for industry in Rexburg. We have proposed to put some fencing up whatever you want within reason. We are asking to work out a compromise; with the river and other barriers, there is not much industrial area in the city limits of Rexburg. We will be glad to restify any wrongs we have done. We are willing to accom- odate. ~ Mayor Porter stated that Manwarings would still be there whether the change is made or not. With a buffer area to stop encroachment of in- dustrial. Are there people in that area that are willing to compromise? Arlon Jackson: What guarantee would we have if we allowed this change, that they wouldn't keep expanding? We want to remain the same as it is now so it does't bother people anymore than it does now. Gordon Thatcher stated that with zoning there is no guarantee as zoning there is no guarantee as zoning is always subject to change by the council. A restrictive covenent is not; and this is what I wanted to propose to the council. This would be legal protection against anything set down in this covenent, for any length of time that is set. Mayor Porter: If industrial property is next to residential property they have to conform with rules for residential property anyway. The building would have to be 20 feet back. They would have to have adequate off street parking. °,~ean Sharp. What do you plan to build there? Blair Manwaring said they `haven't moved that far along. Councilman Barton Jensen moved that the council recess this to the next meeting; meantime both attorneys get together and explore the possibilities of working on a resistrictive covenent, to present to the council. The council will then make their ruling. Prepare a 5 minute presentation. Councilman Warren Porter Seconded. All Aye ARE: PROBLEM WITH DITCH ON WEST SIDE OF 4th EAST John Millar asked the council what to do with the ditch on the west side of 4th east. Councilman Barton Jensen moved the ditch be left open; covered only where necessary, and graded as much as possible. Councilman Glenn Peterson seconded. A I I Aye RE: WESTERN STATES DEVELOPMENT ASKS FOR ZONING CHANGE Bob Bake, Regional Vice President, of Western States Development, asked for a zoning change for R2 to R3 of the property at 4TH West and 7th South. We presented a petition signed by all neighbors. He showed a plan for 32 units of rental housing. Councilman Barton Jensen moved that the necessary steps would be taken. Councilman Nile Boyle seconded. All Aye RE: BEER LICENSES APPROVED The beer license for Johnson Grocery, Mighty Mite I & 2, and Campus View IGA were approved. RE: BILLS APPROVED Councilman Barton Jensen moved we pay ' ~!°~ Paving which should be held completed. Councilman Morgan Garner bills with the exception of Kenneday up until some of the jobs are seconded. All Aye RE: ADJOURNMENT Councilman Nile Boyle moved the meeting be adjourned. Councilman George Catmull seconded. A l l A y /- (`. J,/ Mayo ohn C. Porter G;~ ~' ~: City C~'erk, Afton Anderson MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF REXBURG, IDAHO Minutes of the regular meeting of the Rexburg City Council held November 5, 1975, at the City Hall in Rexburg, Idaho. Present were Mayor John C. Porter, Councilmen Glenn Peterson, Warren Porter, George Catmull, Morgan Garner, Barton Jensen, and Nile Boyle. Also present were members of the news media, and City Attorney, Mary Smith. Minutes were taken by Afton Anderson, City Clerk. IRE: ZONING CHANGE FOR WESTERN STATES DEVELOPMENT APPROVED BY PLANNING BOARD Mayor Porter reported that the planning board has approved the zoning change for Western States Development. The property needing changed is between 4th & 5th West and 7th South. Councilman Gelnn Peterson moved the City Attorney be instructed to set up a rezoning hearing. Councilman George Catmull seconded. All Aye IRE: LOU DAVIDSON GIVEN PERMISSION TO PUT CONCRETE DRIVEWAY ONTO CENTER Mrs. Lou Davidson is buying property owned by Gary Gladwin. The property is in a commercial zone. The garage is in the back of the house, where the entrance is to the alley. She wants a concrete driveway onto Center street adjacent to the property of Jim Barrett Sr. Councilman Barton Jensen moved that permission be given as the property is in a commercial zone and there are no regulations against this. Councilman Glenn Peterson seconded. All Aye IRE: PAT MOORE GIVEN LICENSE TO OPERATE A SHELTER HOME Pat Moore, with two gentlemen from the Public Health Department, requested a business license. Moores have purchased the Jeppson property, which is in a commercial zone. They wish to operate a shelter home. They have been licensed by the state. Councilman Nile Boyle moved that Mrs. Moore be given license to operate the shelter home as long as they meet all state requirements. Councilman Morgan Garner seconded. All Aye IRE: VOTES CANVASSED Councilman Glenn Peterson moved that as all the votes were canvassed and correct, the count of election becomes official. Councilman Nile Boyle seconded. All Aye Three councilman winning with the following count of votes. Darlene Blackburn------------------587 Barton Jensen----------------------575 Warren Porter----------------------560 Paul Murray------------------------108 Harold Dean Hawker----------------- 94 1