The URL can be used to link to this page

Home My WebLink About1977.11.02 CITY COUNCIL MINUTESA meeting of the City Council for the City of Rexburg, Idaho, Madison County, was held on Wednesday, the 2nd of November, at the time of 7:30 P. M. at the City Hall. Present were the following: RE: MINUTES APPROVED Mayor: John C. Porter Councilwoman: Darlene Blackburn Councilman: Nile Boyle Warren Porter Morgan Garner Norman Holman Barton Jensen Also Present: City Attorney, Mary Smith City Clerk, Afton Anderson Public Works Director, Leland Thompson Minutes of the last meeting were read. Councilman Norman Holman moved the minutes be approved as corrected. Councilwoman Darlene Blackburn seconded. All Aye RE: HEARING ON ANNEXATION OF PROPERTY WEST OF PARK STREET TO BUILD A CHURCH Hearing on annexation of property West of Park Street to build a church. There would be no truouble getting water and sewer, though they would have to pay for the extention. Mayor Porter advised that there should be a road from that property over to the highway 88. We would have to have a right of way through the property. The planning board must give recommendation on what designation it should be zoned. They would like to defer until they have time to study the extendion of the street. RE: DARWIN MICKELSON APPLICATION FOR BEER LICENSE Darwin Mickelson has made application for a beer license at 250 West Main. proceedings to be added. MRS RAY WALKER ASKED CITY TO PAY CLAIM FOR DAMAGES Minutes of Mrs. Ray Walker asked the City to pay claim for damages to basement caused by breaking of water line. The City Attorney stated that as it was the fault of construction company and the City has denied the claim, the construction company has not been paid. If we pay the bill we would be admitting liability. Councilman Nile Boyle moved that the attorney write a letter to H & K telling them that we will hold amount of their claim from payment. I RE: KIT WATTS PRESENTED CERTIFICATE Kit Watts of the City Water department has completed a waste treatment school. Councilman Barton Jensen presented him with a certificate. ~ RE: LAMONT BELL REQUESTS VARIANCE LaMont Bell Y3as requested a variance to build a trailer court. He asks that the requirement of 36 feet for a street be reduced to 25 feet. Councilman Morgan Garner so moved. Councilman Nile Boyle seconded. All Aye REX T V WANTS TO RAISE.- Mayor Porter read a letter from Rex T V wanting to raise their rates. will check the contracts. RE: ORDINANCE 586 The City Attorney Mary Smith, City Attorney read ordinance 586 annexing the Gene Palmer property, and zoning the trailer court I2-3 and the rest R2. AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, TO SHOW SUCH ANNEXATION AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO, AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. ~'~' l SM1Tf-l, I-iANC()CK ~ MOSS MARY SMI'T'H J. D. HANCOCK BRENT J. MOSS W. LLOYD ADAMS p885~i969) /~ ~ ,`/"(/ lnr rtez~s ct l ~>atr~ October 19, 1977 To John C. Porter, I+~ayor And to the City Council Rexburg, Idaho Gentlemen: You have requested that I give you an the issuance of a beer license for the on certain .premises located in Lot 3, of Rexburg, Idaho. At the present time application .before the Council. 3i) SOUTH 2nd WEST REXBL'RG. IDAHO Fi440 ['HONH. _'03-i56-549i opinion regarding consumption of beer Block 30 of the City there is no such The NE;-and the WZ of Lot 2 and the WZ of Lot 3 of Block 30 of the City of Rexburg is zoned R2 Resid.ential. The SEa of Lot 2 and the EZ of Lot 3 of Block 30 of the City of Rexburg is zoned commercial. The residents of the R2 Residential area in Block 30 are fearful that a bar for the consumption of beer on the premises will be built on the Commercial part of Lot 3, Block 30. Ordinance No. 478 which was passed May 31, 1968, and which is the Zoning Ordinance .for the City of Rexburg permits bars and clubs in the Commercial Zone. Ordinance No:~-341 which is known as i~kie City of Rexbure3 Beer Ordinance, was passed January 5, 1940. This ordinance designates the business section of the City of Rexburg in which draught beer may be sold in retail trade. The ordinance provides that draught beer cannot .be sold in residential areas, or predominately residential areas. It is my opinion that the intent of Ordinance No. 341 was to confine the sale of draught beer to the business area and that ordinance No. 478 has the same intent and can be construed to mean the same. Section 53 of Ordinance 478 repeals all ordinances or parts of ordinances in conflict with Ordinance No. 478. Section 5 of Ordinance No. 341 provides: "That the City Council may refuse to grant a license if the place where the applicant proposes to carry on such business is not a suitable or orderly place." . ~. r To John C . Porter , Mayor And to the. City Council October 19, 1977 Page #2 Section 13 of Ordinance No. 341 provides "no license shall be issued to any person to sell or distribute draught beer, or bottled or canned beer to be consumed on the premises where sold or delivered, in any residential district or section of said city chiefly occupied by residences. Tn my opinion the City could possibly refuse to grant a license under Sections 5 and 13 of Ordinance 341. However, it would be necessary to have a hearing before the Council to show: that the place where the applicant proposes to carry on such business is not suitable and that the area is pre- dominately residential. Such a denial on these grounds may bear reasonable relation to the public health, morals, safety and general welfare. However, where authority to license and. regulate a business is granted by the Legislature to a municipality, the regulations adopted must not be unreason- able, unjust or unduly oppressive, nor must such regulations be .such as to be prohibitory. Respectfully submitted, A ~~ Mary Smith, City Attorney rs - ,. MINUTES OF THE CITY COUNCIL MEETING 'J(0~ November 2, 1977 at 7:30 P M. ''RE: DARWIN MICKELSEN'S BEER LICENSE November 2, 1977 `The Mayor stated Darwin Mickelsen had made application for a license to sell beer to be consumed on the premises at 250 West .Main, Rexburg, Idaho; that a number of interested persons were .present and the mayor said he would at this time gives them an opportunity to be heard. Breck H. Barton, attorney for Darwin Mickelsen, stated 'that-the Council should grant the license; that the proposed 'I location was in a commercial zone which permitted bars. He ",further stated that Mr. Mickelsen met all state, county and ''city requirements; that since December 1968 the BJ Bar was allowed to occupy premises on South Center Street in Rexburg, I~Iwhich was in a commercial zone, although there were residences in that area, and the court upheld the present zoning ordinance; that ordinance No. 341 had been superseded by No, 478. j Albert Pieper asked to be heard; stating he was a member of the Council at the time the BJ Bar was permitted to ''operate on Center Street, but that the location was not in a predominately residential. area. He asked Mr. Barton to point out '~ in the present zoning ordinance where the Beer Ordinance 341 I' was superseded. Mr. Barton stated the zoning ordinance did not supersede the Beer Ordinance which prohibits the sale of beer for con- sumption on the premises a distance of 300 feet from a church or '' school. '~ Various comments were made by others attending the meeti objecting to the location of the proposed bar as it was to be located in a predominately residential area, which was not suitable 1~% ` '"~ The Mayor called attention to the fact r that the city attorney, in her written opinion, stated it would be necessary to have a public hearing before the council to show that the proposed locatipn is not suitable and that the area is predominately residential; that he wanted the council to be fully advised and give everyone an opportunity to be heard. Darlene Blackburn moved that the public hearing be held on regular council meeting night, November 16, 1977, at 8 o'cloc P.M. Mr. Mickelsen stated he would be out of town until November !'''17. Mrs. Blackburn amended her motion to provide that the date of regular council meeting be changed to November 17, 1977, so Mr. Mickelsen could be present. Seconded by Barton Jensen and '.unanimously carried. ~~ ~ Afton,Anderson, City Clerk