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HomeMy WebLinkAbout1984.08.15 CITY COUNCIL MINUTES~D RE: INDUSTRY IN REXBURG Mayor Porter toT'd the council that the Chamber is planning to go to California and wants to get a contribution from California to help them. They want to promote industry in the Rexburg area. The council suggested $500 and then they would help raise some more. RE: ADJOURNMENT A motion was made by Glen Pond and seconded by Jim Morris to adjourn. All Aye. City Clerk, Ro ag Mayor: MINUTES OF THE CITY COUNCIL MEETING August 15, 1984 State of Idaho) County of P~adison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held August 15, 1984, at the City Nall. Present were the following: RE: APPROVAL OF MINUTES Councilman: 1. • Vy~~ Mayo John C. Porter John C. Porter Sander Larson Morgan Garner Jim Morris Glen Pond Nile Boyle Councilwoman: Darlene Blackburn Also Present: Rose Bagley, City Clerk A motion was made by Glen Pond and seconded by Morgan Garner to approve the minutes. All Aye. RE: TWO ISSUES FROM PLANNING & ZONING Chuck Frost was at the meeting to represent the Planning and Zoning. He said he would like to discuss two issues: (1) The first one is sidewalks. He said he was happy about the proposal that was in the paper that the city is going to have an LID for sidewalks. They had included in the new sub-division ordinance a provision for sidewalks. Anything that is built in the future should be required to have sidewalks. They would like to recommend to the city council that all future building permits have a sidewalk as part of their construction. When riding around the different subdivisions, you will see one home with sidewalk and one without. Sometimes you will go down a block and there will only be one sidewalk on the whole block. .The parents have come to Planning and Zoning complaining because there is not sidewalks by the Lincoln School, Adams School, and the high school. Chuck thought the LID is a good idea because there are a lot of old sidewalks that are broken up badly and need to be replaced. This effort would beautify the city. The mayor would like to include in the LID replacing old curb and gutter. The council discussed putting sidewalks next to the street, because when the snowplow goes through the sidewalks are worthless. Chuck Frost said if you get the sidewalk next to the curb, that is as much property as property owners can spare. There are difficulties around town because people have planted next to the curb and put fences next to the curb, this could be overcome by educating them. The mayor said the engineers are working on the costs and as soon as they get the costs we will go around and contact people. ty .-- RESOLUTION Nile Boyle offered the following Resolution and moved its adoption: WHEREAS, on September 28, 1983, the City of Rexburg, Idaho, was the owner of and in possession of the building located at 12 North Center, Rexburg, Idaho, which was occupied and used as the City Hall, and WHEREAS, on September 28, 1983, said City Hall was accidentally destroyed when a break in a natural gas line caused an explosion to occur in said City Hall, and WHEREAS, the damage to the City Hall was so extensive that the building could not be repaired, and WHEREAS, the Rexburg City Council at a special meeting held July 11, 1984, voted to restore and rebuild the Rexburg City Hall at its original location at 12 North Center, and WHEREAS, the accident occurred after the 1983-1984 annual appropriation was made, and WHEREAS, the City of Rexburg does not have funds available to finance the complete restoration of the. building and it will be necessary for the Mayor and Finance Committee to borrow the sum of $66,000 which sum should be sufficient to complete the restoration of the City Hall Building. That such sum be borrowed for a space of time not exceeding the close of the next fiscal year. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Finance Committee of the City Council of the City of Rexburg, Idaho, be and they are hereby authorized and directed to borrow the sum of $ ~~ ~^c~'~`~%' to provide for expenses necessary to be incurred in making the restoration of the Rexburg City Hall. That such sum be borrowed for a space of time not exceeding the close of the next fiscal year. That such sum and interest shall be added to the .amount authorized to be raised in the next general tax levy and embraced therein. RESOLUTION -1- d ~ Jim Morris seconded the adoption of the Resolution and the motion for its adoption was unanimously carried, all Council members present voting "aye" and none "nay". CERTIFICATE 1 i The foregoing Resolution was unanimously adopted by the City Council of the City of Rexburg, Idaho, at its regular meeting held August 1, 1984, at 7:30 o'clock P.M. Dated August 3, 1984. (SEAL) RESOLUTION ,%, ~, Rose Bagley Cit Clerk -2- (2) The second item is businesses in homes. Mr. Frost told the council that the Planning and Zoning really need some guidance as to how they would like them to approach businesses in homes. They are getting a lot of pressure from people that want to get front yard businesses. There is a lot of area in the city that is zoned commercial that could handle those. They always have an argument that there isn't going to be that many people coming and going. The P & Z would like to know where the city council would like them to draw the line. He thought they could filter out a lot of these. Nile Boyle said his feeling is that in R1 it should be very hard to have a business. Chuck said that they felt that commercial ventures should be limited to commercial zones. The mayor said when we go over the new zoning ordinance, we should spell it out more. Sander Larson said he felt that it was like the trailer problem; we need to get some kind of consistancy. Glen Pond said he felt that is why we have the zoning ordinance is to eliminate problems, and we should go by the zoning ordinance. The council felt that we should not allow businesses in R1 and rarely in R2. RE: STREET DAMAGE ON 4TH SOUTH Mayor Porter told the council that the pieces of damaged street on 4th South have been repaired and the next step is to put a seal coat on. Farrell said there are a few rough spots, but John Millar thought it was okay, and when the seal coat is put on, it will make a good street. The seal coat will cost 13~ a square foot. We will have to pay 2 of it. As soon as John Millar checks it out, we will. have it done immediately. RE: PARKING LOT BY MUSEUM At the last council meeting there was a discussion about doing the parking lot down at the museum and the library where the church property and school property is. The mayor had talked to the library and the 5 stake presidencies involved and also to the school, and they have agreed to pay their share. The total amount will cost about $13,000. He said they would tell H & K to go ahead and get it done. Jim Morris questioned if we would resurface the alley behind the new city hall. The mayor said we would re-do the entire thing, and if the contractor needs to break into the alley, he can just fill it and we will resurface it. RE: LETTER FROM EPA Mayor Porter referred to a letter from EPA, reminding the council of the ordinance they passed at the last meeting setting up standards for the industrial wastes that go into the sewage treatment facility. We sent into the EPA the ordinance that we passed. The letter we received from them says that it meets the require- - ments of EPA and they approve it. RE: PUBLIC HEARING 8:00 p.m. Public Baring for a request fora special use permit fora building to be used for the p rpose of refinishing musical instruments to be located on the property zoned Residential R2. Said property owned by David G. Sevy located at 169 North 5th West. (copy attached) David G. Sevy and his sone Jim Sevy were in attendance. Mr. Sevy said they operate the musical instrument service center at 250 Park Ave• in Idaho Falls, Idaho, and live at 169 North 5th West, and due to the nature of the repair they have asked for this variance in order to do some of the work in this area. They would need the traffic that they have in Idaho Falls in order to maintain their business. When they expand, they want to expand in their own facility. It is a relatively small operation, mainly their family and three other employees full time. They would like to build a building behind the garage. He said there wouldn't be a lot of in and out traffic. It would not be a retail outlet. There was no objections of the neighbors within 300 feet. The size of the building that he wanted to build is 25' x 60'. There would be no sign on the street. Glen Pond questioned that in reading the Special Use Permit that if the property is sold the building would be removed. Glen said he had reservations as to who would take the building down if the property is sold. It was discussed that maybe it could be used for a private garage. The council discussed the clause in the legal hearing notice that says that the building would have to be removed. Sander Larson suggested that it might be wiser if investing that much money to invest the money in an existing building in a commercial zone. He said in order to set up a business like that downtown they would have to have retail and they did not want to do that. Nile Boyle read the Planning Board minutes that referred to this permit, which recommended a survey for a variance or a re-zone, and the neighbors were in agreement with a Special Use Permit. This was supposed to be brought back to the Planning Board but they have not had a quorum. 12 RE: PUBLIC HEARING (CONT.) Sander Larson said he was concerned with a variance allowing a building of that size to be built in R2. It is a tender situation because next time someone else wants a varaince they will also want to build an oversized building. Nile Boyle said he would be concerned about getting the building moved if someone else brought the property. Sander Larson said he did not think in the future you could go along with the building because it would go against zoning. The mayor said he thought the building they are planning is too big. A motion was made by Nile Boyle to allow a Special Use Permit be granted to David G. Sevy of 169 North 5th West to permit him to operate a business in his home, and if ±he property is sold, it will revert back to Residential with the understanding that the permit does not include the building, seconded by Morgan Garner. Those Voting Aye: Nile Boyle Sander Larson Darlene Blackburn Morgan Garner Those Voting Nay: Jim Morris Glen Pond Mayor Porter said we have another problem with the Sevy property. When we put in the storm sewer along that street all the sewer lines running under the homes were disconnected because the storm sewer ran between sewer and homes and when they were put back together, they made a mistake on the Sevy sewer line. H & K did the work. Sevy's sewer started back up and they called the city, and we went down and told them the problem was in their line. So they got a plumber and backhoe and that is when they discovered that instead of going under the storm sewer they had gone over the top of it. The sewer line going from their home was up hill. It cost them $800 to get it fixed. They talked to the engineers and H & K. H & K said they would have come up and done it for $400, and that is all they want to pay. The mayor said he felt that H & K should pay the whole bill. He also said he was checking to see if there was any other homes that have the same problem. The sewer line still has to be fixed. The council agreed that H & K should pay for it and fix the sewer. RE: TELEMETERING J'm Keller had been in the city hall to tell the mayor that they had a meeting with the telemetering people, and in a few days they want to have a meeting with the council. Forsgren Perkins has an engineer that has put in several of these and he is making an investigation. Sander Larson said he felt they sold a product and service and we need to get what we paid for or we get our money back. The mayor said we paid $55,000 for a piece of equipment and they should have been up here to see that it was installed right, and if they don't do something about it, we will have a law suit. The mayor said the EPA and Army Engineers who inspected it every. two or three weeks to see if every thing was going alright, and they were paying_90% of the money, will get the word out and they won't accept their equipment. RE: BUDGET Mayor Porter reviewed the budget. There had been a few changes in the recreation department. He reviewed the office building fund. (on file) The mayor told the council that Morgan Garner had agreed to donate $10,000. The amount we have got to raise from .the taxpayers is $66,000. This will cost each family about $6 and $7 a family. The mayor said he had met with the county commissioners and they will have to repair the roof of the annexed building. The bid they have is for $6000. They said we would have to pay our share. The mayor told Morgan Garner that the council appreciated the donation. RE: TAX ANTICIPATION NOTE A resolution was passed by the council to borrow $66,000 on a tax anticipation note. (copy attached) RE: TENTATIVE BUDGET 1 A motion was made by Nile Boyle and seconded by Glen Pond to pass the tentative budget and to set the budget hearing for September 5, 1984, at 7:30 p.m. The total budget is $2,723,500. ~ ~1 MINUTES OF A REGULAR MEETING A regular meeting of the City Council of the City of Rexburg, Madison County, State of Idaho, was called to order by the Mayor, John C. Porter, at 7:30 o'clock P.M. on August 15, 1984, at the City Hall at Rexburg, Idaho, there being present the following: Mayor John C. Porter, Councilmen Nile Boyle, Jim Morris, Glen Pond, Morgan Garner, Sander Larson and Darlene Blackburn; also City Clerk, Rose Bagley. Nile Boyle was recognized by the Mayor and presented to the Council the following Resolution: RESOLUTION BE IT RESOLVED by the City Council of the City of 1 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: 1. That the City of Rexburg borrow money in the sum of $66,000.00 and issue as evidence of such debt, a tax anticipation note, bearing interest at the rate of seven and one-quarter (7.25) percent per annum from the date thereof until paid, which said note shall mature July 31, 1985; 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 in the restoration of the Rexburg City Hall building in anticipation of the taxes levied for the current fiscal year for general purposes and not yet collected by the City. 2. That the tax levy for the current fiscal year has been completed using 1983 utilities; that the amount of taxes levied for general purposes exclusive of taxes levied for outstanding bonded indebtedness and special purposes in the current fiscal year (1984) is .2584 mills on the dollar of h market value, which market value for the year 1984 is $134,500,561.00, making the total amount of taxes levied for. its current fiscal year, exclusive of those levied for outstanding bonded indebtedness and special purposes, the sum of $347,500.00, of which sum none has been collected; that this proposed tax anticipation note does not exceed 75 percent of the taxes not yet collected by said taxing district for the current fiscal year, 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: ~l a: UNITED STATES OF AMERICA STATE OF IDAHO COUNTY OF MADISON. $66,000.00 7.25 TAX ANTICIPATION NEGOTIABLE NOTE 1 e ~- , Rexburg, Madison County, Idaho August 15, 1984 FOR VALUE RECEIVED, the City of Rexburg, Madison County, State of Idaho, promises to pay to the First Security Bank of Idaho, N.A., a National Banking Corporation, with its office and place of business at Rexburg, Idaho, or its order, on the 31st day of July, 1985, the sum of Sixty-Six Thousand Dollars ($66,000.00), lawful money of the United States of America, with interest from the date of this note at the rate of seven and one-quarter (7.25) per centum per annum until paid. This note is issued in pursuance of a Resolution duly adopted by the City of Rexburg, Madison County, State of Idaho, on the 15th day of August, 1985. It is hereby certified and recited that each and ~. every act, condition and thing required to be done, to have happened, and to be performed precedent to and in the issuance hereof has been performed in full and strict compliance with the Constitution of the State of Idaho and the provisions of Chapter 31, Title 63, Idaho Code, and amendments thereof; that the amount of this note is not in excess of 75 percent of the taxes levied by said taxing district for the current fiscal year and not yet collected, and that the tax levy for said current fiscal year has been completed but the entire proceeds therefrom have not yet been paid to the City of Rexburg by Madison County; that the market value and the tax levy is based on the 1984 market value and 1984 tax levy; that the full faith, credit and resources of the said City are hereby pledged for the payment of this note, according to its terms;- that there remains to be collected all of the taxes levied for the current fiscal year and there are no other tax anticipation . notes outstanding to be paid from the taxes levied for the current fiscal year. IN WITNESS WHEREOF, the said City of Rexburg has caused this note to be signed by its Mayor and attested and the seal of such City affixed by the Clerk this 15th day of August, 1984. hn C. Porter, Mayor ATTEST: ~~ .~ - r - ~i i~ Rose Bagley,lCi Cl 1 3 4. That such tax anticipation note be sold at private sale to the First Security Bank of Idaho, N.A., Rexburg, Tdaho, aforesaid, by the Mayor of the City forthwith, and that he be hereby authorized to make such sale and to receive the proceeds therefrom and deposit them to the credit of said City. J 5. To provide for the payment of said tax anticipation note at maturity, a special fund is hereby created to be known as TAX ANTICIPATION BOND OR NOTE REDEMPTION FUND, and it is hereby provided that all taxes hereafter collected or received from the general tax levy for the current fiscal year shall be placed immediately in such fund until such time as the funds accumulated therein shall be sufficient to pay the hereinabove mentioned tax anticipation note, together with interest thereon at maturity, and the funds so accumulated in the said fund are hereby appropriated and set apart for such purpose only and shall be used for no other purpose; providing, however, that this shall not limit the payment of said note to the said taxes collected, but such note shall be the direct and general obligation of the City of Rexburg. It was moved by .Nile Boyle. and seconded by Glen Pond that such Resolution be adopted, and the proper officers directed to proceed accordingly, and that the Resolution be spread on the minutes. Upon call .f or question, the vote was taken as: For, 6; Against, 0. Whereupon, the Mayor declared the Resolution duly adopted and directed that the proper papers be executed and that the Mayor proceed to negotiate the loan, as authorized in the Resolution and directed the Clerk to spread the Resolution upon the minutes of the Council. There being no further business to come before the Council, the meeting was declared adjourned until the next regular meeting of the Council, subject to call by the Mayor. Jo rter, Mayor ATTEST: s I~ Rose agley, C C rk (SEAL) 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Rexburg, Idaho, will hold a public hearing on August 15, 1984, at 8:00 p.m., in the City Council meeting room of the Rexburg City Hall, to hear a request for a special-use permit for a building to be used for the purpose of refinishing musical instruments to be located on property zoned Residential R-2. Said property owned by David G. Sevy being located at 169 North 5th West, Rexburg, Idaho, and described as follows: Commencing 50 feet North of the Southeast corner of the NE~SEa of Section 24, Township 6 North, Range 39 E.B.M., in Madison County, Idaho, and running thence North 128 feet; thence West 330 feet; thence South 128 feet; thence East 330 feet to the place of beginning. Containing .97 acres, more or less. The Special Use Permit, if granted, will be subject to the following conditions: 1. That the building be set behind the line of residential buildings that are already there, or in line with the residential buildings. 2. That the building be used only as a musical instrument repair shop and, in the event the property is sold, this Special Use Permit shall terminate and the building will be removed from the premises. 3. That no signs will be permitted on the premises except for an inconspicuous sign placed on the building itself which would not detract from the neighborhood. All interested persons shall have an opportunity to be heard. BY ORDER of the Rexburg City Council. Dated this 5th day of July, 1984. Rexburg Ci C1 k (Seal] r -,IJe"the undersigned owners of property within 300 feet of ?)avid ~; Sevy of 169 North 5th West, Rexburg, Idaho, understand that David G Sevy wants to operate a business at 169 North Sth 4]est. He also wishes to build a building for the purpose of using it to refinish instruments. 1. I would agree to allow Mr. Sevy to be granted a Special Use Permit to have -' .his business in his home and also build the building. 1 2. I would support having the property at I69 North 5th West re-zoned from ~R2 Zone to Commercial Zone. Name Address Yes No • • .[Je`~the undersigned otaners of property within 300 feet of David G Sevy of 169 North 5th West, Rexburg, Idaho, understand that David G Sevy wants to operate a business at 169 North 5th 4]est. He also wishes to build a building for the purpose of using it to refinish instruments. 1. I would agree to allow Mr. Sevy to be granted a Special Use Permit to have his business in his home and also build the building, Name Address Yes No 1 2. I would support having the property at 169 North 5th West re-zoned from R2 Zone to Commercial Zone. Name Address Yes No i= 0 RE: THANK YQU LETTER Mayor Porter read a letter from the Rexburg Stake Presidency thanking us for the use of the tabernacle for the Melodrama on the 24th of July. RE: RICKS COLLEGE HOMECOMING Sander Larson asked the council if the college could put a banner across Main Street for the Homecoming activities. The council agreed it would be okay. RE: BOUNCING SIGNS The mayor said after meeting with the commissioners, they said they would pay 2 of the cost of the installation of the bouncing signs at the. Kennedy School. RE: PARK BLEECHERS Sander Larson asked if it would be possible for the college to use the aluminum bleechers for a show the college is possibly going to have for homecoming featuring a group of stallions. There will be 14 stallions. The council agreed. RE: REPAIR OF ROAD AT 2ND EAST The mayor said the commissioners agreed that Farrell and their road superintendent would work together on the 2nd East to repair the road. RE: PAYING BILLS A motion was made by Nile Boyle and seconded by Glen Pond to pay the bills. All Aye. RE: ADJOURNMENT A motio^ was made by Glen Pond and seconded by Sander Larson to adjourn. All Aye. .~- City Clerk, Rose B ey MINUTES OF THE CITY COUNCIL MEETING September 5, 1984 i II~ ~J State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held August 5, 1984, at the City Hall. Present were the following RE: APPROVAL OF MINUTES >`v2~ Mayor o n C. Porter Mayor: John C. Porter Councilman: Morgan Garner Glen Pond Nile Boyle Jim Morris Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, Treasurer A motion was made by Darlene Blackburn and seconded by Glen Pond to approve the minutes. All Aye. RE: ARTIC CIRCLE PLANS Ray Murphey representing Artic Circle was at the council meeting to show his plans to build at the corner of 2nd East and 2nd North where the Dairy Queen was going to build. He asked for a variance to allow the curb extending onto the right-of-way. A motion was made by Nile Boyle and seconded by Morgan Garner to approve the plan for the Artic Circle allowing the curb to extend onto the city right-of-way. All Aye.