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HomeMy WebLinkAbout1983.03.16 CITY COUNCIL MINUTESJi Mayor Porter asked Morgan Garner if he .and Farrell Davidson would start checking the streets for repairs. RE: MOTION TO PAY BILLS A motion was made by Nile Boyle and seconded by Jim Morris to pay the bills. All Aye. RE : ADJOURNMENT A motion was made by Sander Larson and seconded by Nile Boyle to adjourn. All Aye. ~~ _~~~~/° Jo Porter Mayor Rose Bagley C' y Clerk MINUTES OF THE CITY COUNCIL MEETING March 16, 1983 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held March 16, 1983, at the City Hall. Present were the following: Mayor: John C. Porter Councilman: Jim Morris Nile Boyle Morgan Garner Glen Pond Councilwoman: Darlene Blackburn RE: MINUTES APPROVED A-motion was made by Morgan Garner and seconded by Darlene Blackburn to approve the minutes of March 2, 1983. All Aye. RE: PROPOSAL TO COVER DRAIN DITCH Mayor Porter told the council that a fellow. came in to the City Hall that is renting the house that Harold Nielson owns. He wants to buy a lot on the East side from Harold and build on it. They propose that they cover a drain ditch that goes through the property, between the Armory and the Harold Nielson property. They want to put a culvert in and then cover it. Mayor Porter said a lot of people dump their garbage in the ditch and it is hard to keep clean; this would probably help that situation. The council decided to go look at it and make a decision at the next meeting. RE: BROKEN CURBS AROUND CITY The mayor said Farrell Davidson had gone all over the city and found areas where the curb has been broken, some are small breaks and some are big. He said we have some money in the budget for repairing this sort of thing, and we need to get them repaired before they deteriorate. In some areas people have broken the curb to put in driveways, and as the water comes off the hill, it goes under the curb and the gutter. We have some curb and gutter forms and down on West Main where the curbs are all broken; we need to go along there and see if we could get the people to pay a part of it. We could do most of the work ourselves, we would probably have to have Hammer bid on it, and maybe do the finishing. RE: COMPLAINTS OF PARKING LARGE TRUCKS _~ 1 Mayor Porter said there had been some complaints about large. trucks parking in front of their own home; either the front or the end hangs over in front of their ~~~ PETITION 1 f TO THE MAYOR AND CITY COUNCIL: It is our understanding that there has been request submitted to the City Council .that Zoning Ordinance No. 478 be ;, amended and changed to provide that the property located~at 278 West Main and 270 West Main in Lot 3, .Block 30 of the City of Rexburg, Idaho, be zoned Commercial rather than R2 Residential as it is presently zoned. Our position is as follows: '~ NAME FOR AGAINST 3 '; v-- L'',. -,. ' `" // s ~~ ~ ~'~', `S~~ r ~`-`~'L{Y~ ~_~. Alf R'~~\ / j i= i G~~ Plarch 15, 1983 POSITION STATEMENT Inasmuch as there is currently an abundance of commercial. property available in the city of Rexburg (this is especially so in dealing with rental or lease arrangements), I would, in good conscience, have to vote NO on the proposal to either changing the zoning ordinance or providing for a varience of the zoning ordinance for the purpose of establishing a Real Estate office on the property located at the corner of Main Street and 3rd West in Rexburg. Respectfully yours ~/ Sander L. Larson NOTARY PUQLIC FOR IDAHO Residing at Rexburg, Idaho .STATE OF IDAHO ) County of Madison ) On this__~_S_~' _day of ~,~~~~ rc.~.~ _, in the year of _~i ' _, before me personally appeared -~=5._~~__~.~-ca~_ s~:~~_, known to me to be the person whose name is subscribed to the within instrument., and acknowledged to e that he executed the same. ~_ ~ ~~ NOTF~RY PUBI Tr Fnra rnnun f tplr. ~_ neighbors home. "Ordinance 482- It is unlawful for any person to park any motor vehicle larger than what is commonly known as a pickup truck on the streets in .any residential district of the city, except for the purpose of loading or unloading such vehicle in the most expeditious manner having due regard for the rights of others and traffic on the streets.'' He said there is some inconvenience, these people have their trucks and. that is how they make their living, He thought we should designate some areas where they can park them where they won`t interfere with any residential homes. We did that two or three years .ago, we allowed.. them to park along the fairgrounds. There might be other areas that we could see the people in the area and see if we could get permission for the trucks to park. If we had some designated areas and we had a complaint we could go to them and tell them they could park at the designated place. The council agreed to have the mayor talk to the police and have them find some areas that the trucks could park and then we can designate them. RE: REPLACEMENTS OF PLANNING AND ZONING Mayor Porter told the. council we have some replacements to make on the Planning.. and Zoning. Jim Flamm and Leonard Longhurst want to be replaced.. He proposed the name of Chris_Mix, he had checked with the chairman of the Planning Board who thought she would be okay. A motion was made by Nile Boyle and seconded by Jim Morris to appoint Chris Mix as a member of the Planning and Zoning Board. All Aye. RE: GOLF BOARD Jim Morris told the. council that Roger Ferguson, who has been serving on the Golf Board, desires to be relieved of that duty. It has been proposed that we name his son, Mike Ferguson, to take his place. The members of the Golf Board have approved Mike. A motion was made by Jim Morris and seconded by Nile Boyle that we accept Mike Ferguson as a member of the Golf Board. All Aye. RE: GOLF COURSE BUDGET Jim Morris gave each member, of the. council a copy of the Golf Course 1983 Budget. It is about the same as the last ,years budget. They are going to review the maintenance contract for maintaining the grounds of the Golf Course. When the Pro arrives in town we will have a meeting with him.. We will have meetings the first Monday of every month, that way there will be a profit and loss statement for the council for the first meeting of every month. Copies will also be given to each of the county commissioners at their regular meeting. RE: 3G GAS TAX INCREASE Mayor Porter discussed the 3~ gas tax increase, if the. Legislature passes the 3% gas tax increase. At the present time there is l~ a_gallon gas tax and that goes directly to the counties and cities and to highway districts in the state. .The state highway gets none of that l~. If nothing is done that will be changed in July, the l~ will stay on but it will be placed in the regular formula. Under the regular formula .the Cities and.the Counties get 1/3 of the Gas Tax, the State gets .the rest and .the counties get more of the 1/3. At the present time, the Legislature has a bill that calls for a 3~ increase in the gas tax. It will continue to keep the 1G to go to just cities and counties and highway districts, so we will loose .nothing there and the 2~ will go into the highways users fund and the distribution formula will go the same as it is now. So the cities and counties will get quite a bit more money from use to repair some streets in the city. RE: MOTION TO PAY BILLS A motion was made by Darlene Blackburn and seconded by Nile Boyle to pay the bills. All Aye. RE: DAMAGE TO LIFT STATION The mayor told the council that on the damage that was done on the lift station, they had no problem finding out who lifted the sewer lid. They did it not knowing the damage. that would be caused. They have insurance and they have agreed to have their insurance carrier pay~for the overtime and other costs. The only damage for the lid being taken off was to Forsgren and Perkins. Over on Millhollow Meadows we have written all .those people a letter explaining the uniform plumbing code and givingthem,6 months to get in compliance with it. Delynn has been over visiting with several of them and they have found some places they can get the necessary material.. Gene Palmer is going to dike an area over there so when the run off comes it will be diverted. RE: MACHINE TO CUT POWER IN The mayor said there was a fellow in the city hall with a machine he said would cut the power bill in ?. You can recover costs in 18 months. It works on an electrical phase. RE: PUBLIC HEARING FOR ZONE CHANGE--278 WEST MAIN AND 270 WEST MAIN--8:OOp.m. Karl Honosky: He said that in January he had_met with the Planning & Zoning and asked for a variance for 278 West Main to put a Real. Estate office in the house that is presently on the property. They recommended to the City Council a Commercial Zoning change instead, then the council scheduled the Public Hearing. The proposal he had made. was for purchasing a house and converting it into a Real Estate Office, which would be a limited traffic area and it would improve the property looks. There would be adequate parking. He said as far as the property values in the areas, he did not think there would be anything deteriorating. He said if anyone protested having the Real Estate office there, they would not want to go through with it. The one property involved beside his property would be 270 West Main, it would probably increase their value going from Residential to Commercial., It is a good location, with the traffic flow. He said he would not change anything as far as the. appearance of the building. Albert Pieper: He asked if the proposal was to go just to Third West or to the canal. Mayor. Porter told him. it was to go to the corner of Third West, just changing the two lots and going lz way into the block. Mr. Pieper asked who was going to benefit by it. The mayor said the man on the corner would benefit. He said ordinarily property on a highway is zoned commercial, and that was the Planning Board's thinking. Mr. Pieper argued that that area is already predominately residential and he felt there was no point in making it commercial. He asked if there was a need in Rexburg for more commercial property, he felt that there was enough Commercial property already. He said that at the present we don't know if that will be a Commercial route out on the highway or not, possible in the future. He said he felt like there was no need to put these people at a disadvantage, when there was no great demand for it. He thought that the city council should see that. the route through town that is already commercial being developed before they zone any more commercial. When you make a commercial zone out of a residential area, then those people in that area have no protection of what is going. to come next door to them. He felt the: zone should not be changed at this time, unless the Council and the Planning Board have a real good reason for it. He did not think just to give someone a Real Estate Office was a good enough reason to change the zoning. If there was a demand for commercial property, so the people affected could sell their property, he would have no objection to it. He said zoning rules are made to protect people and their property, and then someone comes along and wants the zoning changed, the people who already live there should have priority.. Kenneth Wagoner: He owns the home at 270 West Main. He would like to go on record that they are opposed to the Zoning Change. He said he did not understand how it could increase the value of the property. It might increase the value of the property, but they have a lovely home that would be worthless if the property goes commercial, with a business on both sides of it. It would be almost impossible to sell the home there; especially with the establishment on the East of them. The only thing to do with the home would be to tear it down. There are a lot of school children that come around that corner to and from school and it would be a hazard with cars going in and out. Nile Boyle asked if he would object to a variance just for the Real Estate Office. Mr. Wagoner said he did not think there was adequate parking. Mr. Wagoner asked why they were not consulted when it first came up, and had to read it in the paper. He was informed that by law that is the way we do it, there was a notice put in the paper and also a petition was brought around. He said he was concerned because commercial property would increase the taxes. Mayor Porter said it would not increase his taxes; the assessor would say that if it is being used as residential property and you have lived there all the time, it would be classified as residential property. If you move away and if you want to sell it and quit using it as a home, then it would change. Mayor Porter told him that Mrs. Case does have a variance for her Kindergarten now so it might be a good idea to include that property in the change. Mrs. Garrett Case: Resides at 26 North 3rd West. She said she wanted to go on record to say that she was opposed to a variance and to a change in the zoning at this time. She said they were still not at all happy about having the two murders at that establishment not too long ago. She said that a variance would be a foot in the door to a zone change. Earl Garnder: He said he lives in the back of the property. He said he was opposed to it. What would happen if this Real Estate Off ice only stayed there a month and then they sell it, and someone would come in and put in a truck service or something. When it is changed to commercial anything could come in there.. He felt that is would really knock the property value for selling a house. He said he was sure there was not enough parking unless they parked on the lawn. He thought it would be bad for all the school kids that walk around. that corner. ~, 1 Albert Pieper: I would suggest that if you are going to make it commercial, make it all commercial or none of it. If you make that one lot commercial, anything could come in there. If you give a variance there is some control over it. Orrin Bates: We have so much vacant commercial property. Until we utilize what we have, he said he thought it was unfair to change that little area. Mayor Porter said had a petition circulated in that neighborhood. They were unable to get all the names, some people were. not home. They got about 80% of the people to sign the petition and the. vote was 10 against and no one for it. `f~ Karl Honosky: First of all, he said if anyone objected, he wasn't going to go through with it. He said he was going to widen the driveway to make sufficient parking. He asked for an explanation of a variance or limited commercial zoning. Mayor Porter read from the Zoning .Ordinance page 33 the explanation of Limited Commercial Zoning in Residential Zones. He said that if that procedure was followed, it would be just for that one lot itself, but you would still have to get 80% of the people down there within 300 feet to okay it. Mr. Honosky said he did .not think that the petition was complete, there is another Real Estate Office and other businesses down the street from that area, and they obviously picked that area so they could get a lot of exposure. He said he knew they were not contacted for the petition. He said as far as property value, the only one that it would effect would be Mr. Wagoner's property, if his was changed also. He said he did not contact anyone in that neighborhood about the zone change, because he was instructed that it was the City Council's job to contact the people. Jim Morris said with the facts we have right now, he would vote against it. A motion was made by Nile Boyle and seconded by Jim Morris to deny the request for the zone change at 278 West Main and .270 West Main. Those Voting Aye: Jim Morris Nile Boyle Morgan Garner Darlene Blackburn Glen Pond Those Voting Nay: None RE: SANDER CARSON UNABLE TO ATTEND MEETING Mayor Porter told the council that Sander Larson was called out of town and was unable to be at the council meeting to vote, but he had brought in statement to let his position be known. (attached) He would vote no if he was at the meeting. The statement had been notarized. RE: SPEED LIMIT CHANGE Steve Hadley from Salem Avenue asked the council if they could change the speed limit on that street to 10 MPH. Jim Morris instructed him to talk to Sander Larson, who is over the Police Department, and he would have them do a study. RE : ADJOURNMENT A motion was made by Glen Pond and Seconded by Nile Boyle to adjourn. All Aye. J orher Mayor Rose Bagley C' C