HomeMy WebLinkAbout1975.11.19 CITY COUNCIL MINUTESRE: REZONING FOR MANWARING PROPERTY TAKEN UP AGAIN PEOPLE DECLINE PROPOSAL
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Manwarings: Mr. Gordon Thatcher went over the proposal map and
submitted proposal. Mayor Porter asked for two-thirds vote of people in
residential zone within 400 feet radius of property to be changed. Mr.
MaNemara has taken up with people he represents. They wish to decline and
that is their stand now. People voiced opinions as to value of their
property. Mayor Porter asks if the people couldn't work out some kind
of an agreement.
Mr. Thatcher suggests a restrictive covenent which would stop any further
encroachment into the residential area. Councilman Nile Boyle stated
that he thought it was ridiculous to keep a piece of property zoned so
that it could not be used. This property could not be used for anything
else. Councilman Boyle then moved that the decision be postponed for
two weeks. If the people and two attorneys do not come up with an agreement,
the council will then decide their awn plan. Councilman Glenn Peterson
seconded.
Ail Aye
IRE: 5th WEST TO BE CLOSED DURING WINTER MONTHS FOR CUTTER RACES
The Cutter Association has been using the track by closing north 5th West
during the winter months. Last year was closed just Saturday. This is
a problem with the traffic making ruts in the track. The City crew then has
a lot of maintenance to put the track back in shape. The people in the Ricks
Wade Addition do not want the road closed. Mayor Porter agreed that they
could close the road this year but they must come up with another route
next year so that this street does not have to be closed.
IRE: GARY BUELL AND BOB GENTRY PRESENTS FINANCIAL REPORT
Gary Buell and Bob Gentry presented a financial report on the summer
recreation and swimming pool. There were a lot of problems and expenses
this year, mostly due to the merry-go-round and pool having so much work
done on them. Gary Buell asked the Council to please get the swimming
pool fixed this winter so that it would be ready to go first thing next
summer. Without a competent pool man to fix all the broken lines, boiler,
filtering system, and anything else that isn't working, there is not going
to be a swimming program this summer. Mayor Porter said he would call that
pool man again and get him here this month.
IRE: APPROVAL OF BILLS
Councilman Morgan Garner moved the bills be okayed for payment. Councilman
Nile Boyle seconded.
All Aye
E: ADJOURNMENT
Councilman Glenn Peterson moved the meeting be adjourned. Councilman
Warren Porter seconded.
All Aye
MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF REXBURG, IDAHO
A regular meeting of the City Council of the City of Rexburg, Madison
County, State of Idaho, was called to order by the Acting Mayor,
Councilman Barton Jensen, in the absence of Mayor Porter at 7:30 P. M.
on November 19, 1975.
Acting Mayor: Councilman Barton Jensen
Councilman: George Catmull
Nile Boyle
\~ Warren Porter
Glenn Peterson
Absent: Mayor Porter
Morgan Garner
IRE:
Also Present: City Attorney, Mary Smith
City Clerk, Afton Anderson
MINUTES APPROVED OCTOBER 22
The minutes of the meeting of October 22, 1975 was read and discussed.
Councilman Glenn Peterson moved that the minutes be approved as correct-
ed. Councilman Nile Boyle seconded.
All Aye
IRE; MINUTES APPROVED FOR NOVEMBER 5
The minutes of the meeting of November 5, 1975, were read and corrected.
Councilman Nile Boyle moved the minutes be approved. Councilman
Warren Porter seconded.
All Aye
IRE: PETITION TO HAVE HOUSE REMOVED ON NORTH SECOND WEST
A petition was presented by the residents and homeowners of North Second
West, asking the council to have a vacant house removed in that area, as
it is an eyesore and a fire hazard. The council agreed to have the
Police Chief check the house and see if it is a hazard and report to
them.
IRE: MOUNTAIN BELL WANTS ALLEY MADE BY LIBRARY AND MOUNTAIN BELL
Mountain Bell wants an alley made by the library and Mountain Bell
on North Center. The City now has a right of way easement on the
Northside of their building where they would like to extend their
building. If the city would give up this easement and give legal
access over City property they could expand. The Council needed to know
more about the properties concerned before they could make a ruling.
ARE: ACTING MAYOR ASKED COUNCIL TO CONSIDER JIM KELLER TO PLANNING BOARD
Acting Mayor, Barton Jensen, asked the council to consider the
appointment of Jim Keller to the Planning Board. Councilman Nile
Boyle so moved. Councilman George Catmull seconded.
All Aye
IRE; RICHARD SMITH APPOINTED DEPUTY ASSISTANT CITY ATTORNEY
City Attorney, Mary Smith, asked the City to appoint Richard Smith as
deputy assistant city attorney, in her absence. Councilman Glenn
Petersen seconded.
All Aye
ARE; EXCESS IRRIGATION WATER NOT BEING USED TO BE LEASED TO FARMERS
Councilman Jensen reported that there is still an excess of irrigation
water from the Fremont-Madison Irrigation that is not being used by
the city. Councilman Nile Boyle moved that the council authorize the
Mayor to lease water not being used to farmers. Councilman Warren
Porter seconded.
All Aye
IRE: BEER LICENSES APPROVED
Beer License application was okayed for Circle K. Corp. Another
application by Frank DAniels for the GayNineties Pizza was discussed.
Councilman Warren Porter moved that the beer license be okayed when
they meet requirements. Councilman Glenn Peterson seconded.
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All Aye
RE: MANWARING ZONING CHANGE DECISION
President of the Council, Barton Jensen, stated the next matter on th'e' (j
agenda was the Manwaring zoning change. Gordon Thatcher, Attorney for
the Manwarings, and Harlow Mc Namara, Attorney for Protestants were
present. Mr. Jensen asked them if they had been able to reach a settlement
of their differences. Mr. Thatcher reported they had tried and Mr.
Mc Namara reported their position was the same.
The matter was discussed.
It was moved by Councilman Nile Boyle that the John Lee property be zoned
commercial inasmuch as he operates a business from that location; that
that the property straight back from the John Lee property to the canal be zone
commercial; that the remainder, the Manwaring property remain R2.
Attorney Gordon Thatcher cited the Council for "Conflict of Interest".
Mayor Porter and Warren Porter should have disqualified themselves from
voting on any decision when they are related to the Keith Zollinger's,
who live in that area. This constitutes a conflict of interest.
Councilman Warren Porter stated that he resented the fact that they be
accused of conflict of interest when he had not been influnced in any way.
RE: RESOLUTION FOR TAX ANTICIPATION NOTE
Mary Smith, City Attorney, read a resolution asking for a tax anticipation
note. Councilman Glenn Peterson introduced the resolution and Councilman
Warren Porter seconded.
All Aye
Be It Resolved by the City Council of the City of Rexburg, Madison
County, State of Idaho, a municipal corporation organized and existing
under and by virtue of the laws of the State of Idaho, and a taxing
district within the meaning of Section 63-3101, Idaho Code, in regular
meeting assembled:
I. That the City of Rexburg borrow money in the sum of $49,000.00 and
issue as evidence of such debt, a tax anticipation note, bearing interest
at the rate of five (5) per cent per annum from the date thereof
until paid, which said note shall mature January 31, 1976, that said sum
be borrowed from, and said note be issued to the First Security Bank
of Idaho, a National Banking Corporation, Rexburg, Idaho, with its
office and place of business in Rexburg, Idaho, such money to be
used for general expenses of the City in anticipation of the taxes
levied for the year 1975 for general purposes.
2. That the tax levy for the 1975 fiscal year has been completed;
that the amount of taxes levied for general purposes exclusive of taxes
levied for outstanding bonded indebtedness and special purposes during
1975 is .7399 mills on the dollar of assessed valuation which assessed
valuation for the year 1975 was $8,908,439.00, making the total amount
of taxes levied for said fiscal year, exclusive of those levied for
outstanding bonded indebtedness and special purposes, the sum of
$65,913.54, of which sum none has yet been collected; that this proposed
tax anticipation note does not exceed 75 per cent of the taxes levied
by said taxing district in the year 1975, and the proceeds therefrom
have not yet been paid to the City of Rexburg by Madison County.
3. That such tax anticipation note shall be a negotiable instrument,
and shall pledge the full faith, credit and resources of the City for
the payment of the same, and shall be substantially in the following
form:
RE BILLS APPROVED
Councilman Warren Porter moved that the bills be approved for payment.
Councilman Glenn Peterson seconded. All Aye.
RE: MEETING ADJOURNED
Councilman Glenn Peterson moved the meeting adjourn. Councilman Warren
Porter seconded.
All Aye
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