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HomeMy WebLinkAbout1979.09.19 CITY COUNCIL MINUTESRE: CITY ATTORNEY READ ORDINANCE 605 RE: ORDINANCE N0. 605 Barton Jensen Jim Morris AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 1979, TO SEPTEMBER 30, 1980, AND APPROPRIAT- ING TO THE SEVERAL DEPARTMENTS, OFFICES AND FUNDS OF THE SAID CITY GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE NECESSARY OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL TO DEFRAY THE EXPENSES AND LIABILITIES OF SAID CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, ALSO SPECIAL APPROPRIATIONS FOR TEDRO FEDERAL FUNDS FOR SAID FISCAL YEAR. Thereupon it was moved by Councilwoman Darlene Blackburn and seconded by Warren Porter that the rule regarding ordinances of a general and permanent nature to be fully and distinctly .read on three different days be dispensed with atYd that said Ordinance be numbered 605 and be passed and adopted as read. Thereupon the Clerk was ordered to call the roll on said motion and the roll call upon said motion was as follows: Those voting AYE: Those voting NAY: Darlene Blackburn Nile Boyle Warren Porter Morgan Garner None Absent: The Mayor thereupon declared that the motion, having been passed by not less than three-fourths of the Council, had been duly carried, and that said Ordinance No. 605 was duly passed and adopted. The City Clerk was directed to publish said Ordinance No. 605 in at least one issue of the Rexburg Standard-Journal, a newspaper published in the City of Rexburg, Idaho. RE: ADJOURNMENT Moved by Warren Porter, seconded by Morgan Garner and unanimously carried, that the meeting adjourn. //.~ Rose Bagley Ci erk ,7/) Mayor John C. Porter MINUTES OF THE. CITY COUNCIL MEETING September 19, 1979 State of Idaho) County of Madison(ss City of Rexburg) A meeting of the City Council for the Cite of Rexburg, Madison County, held September 19, 1979, at the City Hall. Present were the following: Mayor: John C. Porter Councilman: Councilwoman: Jim Morris Warren Porter Barton Jensen Morgan Garner Nile Boyle Darlene Blackburn '~~'i Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk RE: DOROTHY LANE ABUSE OF THE CITY SIDEWALKS Dorothy Lane, a resident of Village Community Gardens, was present to complain about the abuse of the City sidewalks. Ms. Lane walks back and forth to the college and complained the sidewalks were constantly blocked by cars, bikes, toys, garden hose, mud, .grass, and other debris. She also complained that. people constantly were sprinkling the sidewalks when they water their yards. She stated that it was hard to cross the road on the corner of Center and 1st North because of the great number of cars using 1st North. She felt like there should be a traffic light at that corner. Mayor Porter told her that the police had made a number of traffic counts on that corner, and the number of cars counted did not justify a light. Ms. Lane was told that a traffic light would cost about $30,000. The Mayor told her that another study would be made and the City would try to work something out. He suggested that she ride the senior citizens bus. The police would be instructed to ticket cars that were parked on the sidewalks, and contact the people in that area regarding debris on the sidewalks. RE: RAY OAKEY REQUEST TO ABANDON STREET Ray Oakey was present with a request to abandon th Insurance Building and Ray Oakey's Service Station that the new street going past the mall has taken instructed to prepare an ordinance to abandon that for utilities. RE: CITIZENS PROTEST BEER LICENSE e street between Farm Bureau Mayor Porter pointed out its place. Mary Smith was street with a right-a-way A group of citizens was present to protest the beer license that was issued at the last Council Meeting to Brent Hebdon. The group's main objective was that the senior citizens center, the Golden Living Center, is within 200 feet from the proposed tavern and is a church because LDS church meetings are held there regularly. They felt that on that basis alone the license should not be granted. Roger Hoopes, attorney was representing the group. Brian Stanton was spokesman for the group. He presented a petition by the people asking the council to revoke the beer license. (attached) The group of citizens had had a previous meeting to discuss it. Mr. Stanton read a statement that the group had prepared. (attached) President Rydalch of the Rexburg Stake was present to read a statement which he had prepared stating that the people who live in the Golden Living Center have been considered a church unit for many years. They nave their own meeting schedule which is published in the Rexburg Standard-Journal newspaper along with other church schedules. (statement attached) The group of citizens, Presedent Rydalch, and their attorney stated that because the Golden Living Center holds church services it could be declared a church, making it against the law to have a bar that close to a church. Roger Hoopes also stated that the Viking Motel is an accomodation for travelers, making it Illegal to have a bar that close to the Viking Motel. Mayor Porter said the Council has always thought that sentence referred to mibile home courts and playgrounds. The old Idamont Hotel, now known as the Small Mall in Rexburg had a tavern inside for years and it was for the accomodation of tourists and travelers. The ordinance has never been applied to hotels and motels. Attorney Roger Hoopes asked the Council to revoke the license or at least to suspend it until the legal issues can be ironed out. Mr. Hebdon's lawyer, Roger Cox, from Idaho Falls told the council that Mr. Hebdon had complied with the laws for putting in a bar and had expended considerable funds to start the business. He stated that the laws were to protect the minority groups. He challenged the issue that the Golden Living Center was a church, but that it is a privately owned commercial business. He questioned the fact that the group was opposed to this tavern or just a tavern in Rexburg. Mr. Cox said that he had written to the General Authorities at Salt Lake City to get a written statement that the Golden Living Center was an authorized branch of the L.D.S. Church, rather than a convenience. If it is a branch he would like to know who is the branch president and secretary. He doesn't believe that the building has a chapel, and has ever been dedicated as a church or has the tax exempt status of a church. Looking at the law, it stated that a church is dedicated primarily for church purposes, he stated. Mary Smith stated that the city code allows the council to revoke a license only if the holder is convicted of a violation of city, county or state laws concern- ing the license or bisiness. ~,_9 Tl.{~ !,^.U1[-nC`T.,..~.-n9 !1 7^i:r v-rC r~ '~'~.!- r'~T~~~ f"i=n YRr117^y 11^D'"-a/ rC--~"(-f-r r,r~ ~~ ;r~nn ~--,! ^v•nn ,-,7'"~~ ^n' "'TI r1'- {~c ~r Vi ~r nC'vni~ r- n _. _,._ _ ~. . _ i , ~ _ T. "_.T r ~,__,\, r? ? 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( -, '^` 5 tiv r ,9 -"""T~ ~~ s~ ~; ~~~~~ ~ r f-y ~~ y° . -- o n . / Y ' -- - `111- - - --+. ~ ~ --- +++ ~ ,~ ~~~r s ^,Tr . a.-rtinr f1 C' rF TT TTn..,i-n nnr~- ~C h9, t r ~~_ i ~i_ ~~ ~ t ~ ; ,....L~t / ~ 1J'I~~~ ' Chi ~;... ~j^ ,~ -~~- _ r ~ ~ J `f ~ `I ~ ~ .,.~-'t~i...~'C-i~. / rte. f :,` ~t '~l / ~~ i f ~ ~ ~ ~~~~~ tfC" ~ / ~ C. __. _ ~ ~.- ~ ;~ --~ -,~ ~ c ,~ ~- 1; ~; t / ('~ 1, ~ /, T~ rJ ..._ ~ , _ , i ~(,,,i (~' ~ jJ , ~ s"7, 1-- .'YY W 1 A Statement prepared and submitted by concerned citizens to the Rexburg - City Council September 19. 1979• The group of citizens that asked for a hearing on the proposed tavern have asked me to read a statement for them. First, we thank you for letting us come now. As you know, we are ozrli- nary citizens who do not make a habit of reading legal notices the way lawyers do. We have to have a more effective means of drawing our attention to proposed city actions. For this reason we were unaware that the council was considering issuing a beer license at this location. We interpret the Council's granting us this time on the agenda as a sin- cere desire to learn all things pertaining to the granting of this license and a willingness to correct a prior decision if it be for the public good. We believe that the interests of the public would be served if the license were revoked for three reasons: The proposed tavern adjoins a place of worship. The proposed tavern provides cause for the denial of the license. The proposed tavern is not in a suitable location. Let us begin by considering the issue of the church. From the Idaho Legal Code 23-1011B we read, "No license shall be issued for, any place where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public school, church yr any other place of worship." Sec- tion 13 of the City Ordinance 341 states, "No license shall be issued to any retailer to sell or deliver draught beer, or bottled or canned beer to be consumed on the premises where sold, at or in any place or room within the distance of two hundred feet from the county court house, or the Rexburg City Building, or any public library, schoolhouse, room or place in which ary ka~nd of instruction or training is given to classes of children of legal school age (as defined by the laws of Idaho), or place provided for high school or college students to assemble for receiving instruction or training of any kind, or any school or college dormitory; or within two hundred feet of any church, or church building, or any public park or playground, or any public campground, or premises where camp cabins or cottages for housing or accomodation of tourists or travelers are maintained. These being the laws of the state and city, the question is whether the Golden Living Center Branch of the Church of Jesus Christ of latter-day Saints is a church or whether the place where forty to fifty residents of the Golden Living Center worship each week is indeed a place of worship. fio help answer that question, Dr. Larry Thompson, the most erudite scholar in the Ricks College English faculty, prepared this statement on the meaning of the word church. 2 The word "church" has a broad definition etymologically. In fact, it has little to do with actual or specific structure or dedicated edifice. '~cclesia," the Greek and Latin original for our English wont "church" simply means "assembly" or a "gathering of people" (Kittel's Theological Dictionary, 111, 501-536}. The German equivalent,-for example, also supports a..broad reading of the word church: Gemeinde, an "assembly" or "convention" of people (cf. Kassel's German Dictionary). In the days of Paul both German and Greek definitions are richly illustrated by reference to Acts 2: 46-~7. Notice the specific structure, the "temple," and its functional equiva- lent, "house" or "home " (see marginalia, King James version in the same chapter) . "And they (members of the church) continued daily with one accord, in the tem le, and breaking bread from house to house, did eat their meat with gladness and singleness of heart. Praising God, and having favour with all the people, and the Lord added to the church daily such as should be saved." Here it is the Christians who are a church, not an edifice. This fact is born out by Paul's epistles. For example, in his first epistle to the Thessalonians he says, "Paul, and Silva- neous, and Timotheus, unto the church of the Thessalonians which is in God the Father and in the Lord Jesus Christ: Grace be unto you and peace, from God our Father and the Lord Jesus Christ." Paul did not waste his time writing to a building, Indeed, the early Christians did not have any buildings. The Idaho Legal Code seems to support this broad definition of the word "church" with its careful renderings "No license shall be issued .where beer is sold . .within:; three hundred (300) feet of a-Y public school, church, or a_~ other Ulace of worshi ." (see 23-1011B for full text, italics added . The Rexburg Journal lists the Golden hiving Center in its Church Directory. President Rydalch, President of the Rexburg;Stake would like to make a statement about the Golden Living Center Branch. 3 Insert President Rydalch's statement here And one last statement, if a church building were destroyed. by flood as in the case of ~ilfoni, Idaho, would there still be a church in Wilford. I believe that members of the Wilford Want would say, "Yes." Gentlemen, the Golden Living Center Branch of the Church of Jesus Christ of latter-day Saints is a church, and the place where the members of the church worship is a place of worship. Your actions should be in harmony with these facts and laws. Let us continue by considering whether the proposed tavern provides cause for the denial of the license. The city ordinance 341 which I quoted earlier was written in January of 1940, in a time before nursing, rest, and retirement homes were common. We believe the city fathers drafted this ordinance to protect the county court house, the city hall, schools, churches, parks and tourists from the effects of a tavern. ~le.~.lso believe they would have wanted to protect future residents of nursing, rest and retirement homes. Another cause is that minors normall~r pass and~also patronize the Hebdon's Little Giant. Patrons of the proposed tavern would share the same parking lot with those of the drive-in, and there would undoubtedly be some people who would leave the tavern to eat in the drive-in. This mixing of patrons is not good. Also the pro posed tavern adjoins a residence where six children live. At this same residence is an apartment approved for Ricks College housing. All of these provide you gentlemen with cause to revoke the license. Let us conclude by considering whether the proposed tavern would be built in a suitable location. The block containing the proposed tavern on Second West is primarily a residential block. Its eighteen residences contain one hundred and twenty-seven people. It presently contains two businesses that require commercial zoning, Taco Time and Hebdon's Little Giant. The block immediately south of the proposed tavern is also primarily a residential block. Its twenty-eight residences contain one hundred and eleven people. It also contains the Third, Ninth, and Thirteenth Ward. Chapel. There has been a corner grocery store, but it is no longer in business. The block immediately East of the proposed tavern is also a primarily residential block. Its twenty residences contain four hundx~d and sixty- seven people. Many of these private homes contain apartments for college students. Arai there are three large apartment houses for students. The 4 largest would only be one half of a block from the proposed tavern. There are three businesses operating in this block, Viking Motel, Blair's Service, and Summers Upholstery. The Viking Motel is anly one hundred and forty-seven feet from the property of the proposed tavern. Since the Viking Motel provides accomodations for tourists or travelers, it is added reason for denial of this license. The Block Southeast of the proposed tavern is also a primarily residen- tial block. Its thirteen residences contain five hundred and twenty-two people. Most of the people living on this block are college .students. The block contains Sober Scoiety Pizza, the Calaway Motel and a Used Car Lot belonging to Erikson Pontiac. This four block area surrounding the proposed tavern contains nearly one thousand three hundred residents who would be adversely affected and annoyed by the tavern, In addition, the block immediately north of the proposed tavern is one of the city parks. The block northeah~t of the proposed tavern is mostly college housing with three businesses, Circle K, R and B Drive-in, and Ray Oakes Gas Station. This location is not the ~. place to have draught beer. The number of people living in this area means constant foot travel that would be in the way of the increased traffic in and out of the proposed tavern area, an area where visibility is hindered by the Hebdon's Little Giant, which is close to the street, and the frequent parking of semi-trucks near this spot. In addition, it is only one half of a block to a very large college housing complex, and only one block to Ricks College . Councilman Garner in a recent newspaper article was quoted as saying that the granting of the Hebdon license was inconsistent with prior decisions. "There are only two other businesses on the block though the area is zoned commercial. It's actually mostly a residential area. Mickelson's tavern was refused on the same basis-- it was too near residences." The new findings of our resident3.~1 survey indicate the correctness of Councilman Garner's judgment To deny one application on the chiefly residential issue and not another would not be consistent. On the prior application you made the right decision, and the court upheld you. Please do not put yourself in opposite and contradictory positions on taverns in chiefly residential areas. Not to be consistent in judgment would involve the city in two law suits, but defending opposing positions. We sincerely appreciate•~ the . open- mindedness- of`the~ mayor a~._ city council in allowing us to present our views. We feel we represent the overwhelming majority of residents in our area. 5 In summary, let me enumerate our position: We believe that the interests of the public would be best served i~ the license were revoked. The pro- posed tavern adjoins a place of worship. The proposed tavern provides cause for the denial of the license. The proposed tavern is not in<a suitable location. In addition, due to the unique characteristics of the Golden Living Center understood by those living in and around it, but noir understood by all to be a permanent home for these people, a place of worship, and a place to receive their grandchildren, Ricks College students, and other youthful visitors, we suggest that you revoke the Hebdon license. Here is a petition from these good people to this effect. If you respond to it, you will be in harmony with existing city and state orci3.nances. You, as the city council, are authorized to use your discretion to protect the citizens whom you represent. We await your vote tonight. a~ a~ w cd 3 -F~ a~ .~ P 0 ti m +~ zi a~ ~ w ~ a~ m ~ cad ~ ~ ~ ~ cv ~-+ o ~ 0 0 0 ~ c°n cxO`, -~3' C~'1 ~ ~ p O ~ ~ CY` {~ ul ~p O~ c''1 ~ Q\ ul ul r-+ ~ ~ m O O C1 C ~t V1 ( Yl ( Yl ( >C >C SC 5C 5C 5C >C ~ ~ ~O ~ C1 O C` ~ ~ ~ ~ M r+ ~ ~ ~ ~ ~ ~ O O ~ +~ +~ N O z "' ~ a ~ u' ~ ~ a ~ cv cv b +~ n ~ o ° 0 o c + ~ ~ +~ ~ .~ ~ 0 0 ~ cn ~ ~ ~' ~ ~ ~ ~ ° ~ ~ ~ ~ ~ ~i ~ ~ ~ ~ +~ w ~ o v •-' o o ~ ~ ~ ~ ~ ~ w w ~ ~ d d a a d d c c c d c d ~ c Fi ~I F-I S-I I ~ -I S ~I } O yy O O O O O O O O CJ G U CJ U U U .a ~ p A P .Q A ~ ~ U U j U U U U .. rl id -N O c~ v+ ~a a~ 0 U A O U .'~ U H ~ ~ o w ~ a~ ~ ~ o~ a+ cn zn m o o ~o r-r D\ O ul O~ M Cl Cat ul cY? .~ rah CYl {~ ~ ul vl vl K K u'1 Cn ~ ~O "~. i~ -+~ .~ 0 ~ w ~ ~ ~ ~ o vi w w ~ ~ ~ ~ ~ W O O U U O N U2 L12 r-i O Ei OFFICE OF THE PRESIDENT Septernber 19, 1979 Mayor John Porter and Members of the City Council City of Rexburg Dear Mayor Porter: RICKS COLLEGE I understand that tonight the City Council will be considering, perhaps for the final time, the application that has been made to license a tavern at 248 South 2nd West. The College Administration has been approached by the citizens who oppose the granting of this license to ask whether we have any position on this issue. I am not sufficiently well versed in the language and precedents of the city ordinances to know the exact nature of the City's authority in granting or denying licenses. However, assuming that some authority exists to implement the will of the Council under the circumstances of this case, perhaps it may be helpful in your deliberations to know the nature of our interest. All students and employees at Ricks College have agreed to abide by the School's Code of Honor, which, among other things, does not permit the consumption of alcoholic beverages. In addition, one of the most important characteristics of this school is the wholesome environment within which the students study and live. Many of the students are sent here by their parents precisely because of that environment. For many years, one of the tremendous advantages of the College's being located in Rexburg is that the community environment is so supportive of the desired school environment. That community environment has played no small part in the housing policies of the College, which have kept to a minirnum the construction of on-campus dormitories and other facilities in view of the availability of desirable off-campus housing in wholesome neighborhoods near the campus. Both the Administration of the College and representatives of our Board of Trustees are very concerned about any change in either-the appearance or the nature of the present city environment, particularly near the places where our students live in off-campus apartments. Because the location of the proposed tavern is so close to both the campus and certain student housing units, we would urge the council not to approve the proposed license. Rexburg. Idaho 83440 /Telephone: Area Code 208-356-201 1 Mayor John Porter September 19, 1979 Page 2 I realize that Ricks College is a private institution dedicated to educational and charitable purposes. For that reason, we are generally reluctant to speak out actively on the variety of matters that come before the City Council. In this case, the interests of the School and its students seem directly enough affected that we would not want any silence on our part to be interpreted as a lack of concern. I also realize that we have no authority to speak for the LDS Church either to Church members or others on this issue. What I have said is simply the view of the College Administration, but I hope our view will be entitled to whatever weight it deserves as a segment of the community that has a very large stake in the outcome of any decision affecting the local environment. Thank you for your consideration. Sincerely, h ~.c ~- -~~t~~~ Bruce C. Hafen President BCH/so W2 Mr. Hoopes stated that in the new City Municiple Code book it stated that no license shall be issued to sell beer in a residential district. The council told him that it is zoned commercial not residential. Mr. Hoopes cited Idaho Code 23-lOllb which was passed by the Idaho Legislative in 1978 and governs tavern licensing. He said it isn't old enough for the courts to have interpreted it yet. But its restriction on churches is much more loosly worded than Rexburg's municipal ordinance and can easily pertain to the Golden Living Center. It prohibits a tavern being licensed within 300 feet of a church or any other place of worship. The Council admitted it wasn't aware of the law when considering Hebdon's license. Mayor Porter pointed our the statute goes on to say a license can be granted within 300 feet of a church with the approval of the governing body of the minicipality, the City Council in this case. So the Council is within the bounds of the law because it gave its approval when it granted the license. Mayor Porter pointed out that when the Council approved the Hebdon's beer license, it was unaware of the possible status of the Golden Living Center as a church or place of worship. He noted that the council could not legally revoke the license, since Hebdon has not violated any laws. Mayor Porter also stated that the circumstances were different than when Darwin Mickelson was denied a license for a beer bar on West Main, because Mickelsens property was abutted on two sides by residential zones. Hebdon's property is surrounded on four sides by commercially zoned property. Brent Kinghorn, vice president of community services at Ricks College, read a letter from Bruce Hafen president of the Ricks College. (letter attached) The letter ask the council not to issue the license because the bar would alter the wholesome enviroment of Rexburg for students. The letter stated that he was speaking only for the college administration and not for the LDS Church. Mayor Porter said that he thought the court would have to decide whether it is a church. A motion was made by Nile Boyle that Mr. Hebdon be notified tomorrow that there is a possibility that his beer license may be in violation of a State Law and will have to be revoked if the Golden Living Center is proved to be a church. Warren Porter seconded, All Aye. RE: VERNON JENSEN REQUESTS PERMISSION FOR DAY CARE CENTER Vernon Jensen was present to request permission to put a pre-school Day Care Center in the old Peterson House of Carpets building on West Main. The Council told him that if he had adequate parking and if it was in compliance to the fire code the council would approve it. Mr. Jensen was advised to meet with the build- ing inspector to make sure that it meets with the requirements. RE: STREET IMPROVEMENTS Dan Moulton and Morgan Garner gave a list of street improvements to the council that need to be done, Total cost will be about $35,000. (list attached) Mayor Porter said he would get in touch with Ned Sauers with H & K and see if the City could extend the LID. That would make it possible to start immediately to repair the streets. Nile Boyle moved that if the LID can be extended, that arrangements be made to have H & K repair the streets, seconded by Morgan Garner, All Aye. RE: CROSSING PROBLEM AT THE ADAMS SCHOOL The principal of the Adams School and a concerned parent were present to discuss the crossing problem at the Adams School. They would like to have a crossing guard. The Mayor explained that with the 1% the City could not pay the entire cost of a crossing guard, tha*_ the school would have to pay part of the cost. The parent in attendance suggested that the parents help with the cost. Mayor Porter suggested that maybe the Highway Department could program the light so that the children would have more time to cross before the light changed, It was decided that Chief Blair Siepert, Jerry Virgin and Mayor Porter would meet and come up with a solution. RE: SHERWOOD HILL SUBDIVISION A motion was made by Darlene Blackburn and seconded by Jim Morris that the Plat of the Sherwood Hills Subdivision with the approved changes be approved. All Aye, RE: BILLS Warren Porter made a motion to approve the bills. Jim Morris seconded. All Aye. RE: ADJOURNMENT Darlene Blackburn made a motion to adjourn. Nile Boyle seconded. All Aye. Mayor John C. Porter Hose Bagle Clerk