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HomeMy WebLinkAbout1975.11.19 CITY COUNCIL MINUTESRE: REZONING FOR MANWARING PROPERTY TAKEN UP AGAIN PEOPLE DECLINE PROPOSAL ~~ 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. ii I i 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 ~~ ~L. y / ~- ~= ~~ - `~ ~- c ~~ `~ "~~ ~'~-'~~~~= ~ a y o r, J o h n C. P o r t e r City Afton Anderson C~....4;