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HomeMy WebLinkAbout1988.10.05 CITY COUNCIL MINUTESMinutes of The City Council Meeting October 5, 1988 n L State of Idaho) County of Madison( City of Rexburg) Those Present: Mayor: Councilmembers: John C Porter Nile Boyle Bruce Sutherland Darlene Blackburn Nyle Fullmer Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, Treasurer Rex Larsen, Fire Chief Mayor Porter told the council that Glen Pond and Bruce Casper had ask to be excused. A motion was made by Nyle Fullmer and seconded by Darlene Blackburn to approve the minutes. All Aye VARIANCE REJECTED TO BUILD SHED WAS APPEALED Dr Lane Ward was at the meeting to appeal the decision of the Planning & Zoning for a variance to build a shed. He pas'ed out a drawing. Dr Ward met with the Planning Board, they disapprov d the shed. Dr Ward explained that four of the Planning Board was no at the meeting when he ask for a variance, and there was some feelin of one of the members that was at the meeting that he did not see any eason that it could not be approved. He explained that there is a c nder block fence around his property, and there is a jog in the f nce that goes 5 feet to the East, and the fence continues on to the N rth. His neighbor told him that if he could not get the variance a proved, he would sell Dr Ward 5 feet of property. He is requesting to put a shed where the jog is, using the fence for two sides of the she , with the roof being only on his side of the fence, and the drainage n his property. The ordinance does say that he could not build to th property line on the side yard, it needs to be 5 feet from the side yard. Mayor Porter explained the purpose of the 5 feet is for fire safety. Another reason is if the shed was built on the property line the neighbor would have to build 10 feet from the property line, if he wanted to build to comply with the ordinance. If a variance was given you would have to bring in a certified letter from the other property owner saying that was okay, because what you are doing is taking 5 feet of his property to be used for building. Mr Wards address is 33 East Znd North. Rex Larsen said he did not see any problem with afire hazard. The mayor ask if he would have any problem getting a certified letter from his neighbor so it could be put in the file so in 10 years if there is a problem we would have that on record. A motion was made by Bruce Sutherland and seconded by Darlene Blackburn to grant a variance for the shed with the stipulation that Mr Ward bring in a certified letter from the neighbor affected giving permission for the shed to be built and also agree that if there is a problem in the future that Mr Ward agree to tear the shed down. Mr. Ward agreed. All Aye RESTORATION OF THE CAROUSEL The mayor read a resolution for the Restoration of the Carousel (on file). This is a letter that they can show the people that they are getting contributions from. There was no objection from the council to the mayor and president of the council signing the letter. BLOCK GRANT APPLICATION The mayor said we are in the process of getting a Block Grant application. The presentation that we presented two weeks ago has been excepted. We have heard now that we should go full speed ahead with a formal application. We naw need a resolution. FULL GRANT APPLICATION FOR ICDBG FUNDS This is authorization for Mayor to Submit Full Grant Application for ICDBG funds to assist Ultimate Directions, Inc. BE IT RESOLVED by the Mayor and City Council of the City of Rexburg, Idaho: WHEREAS, the City of Rexburg desires to submit an Idaho Community Development Block Grant Application to the Idaho Department of Commerce; NOW THEREFORE it is resolved by the Mayor and City Council that the City will authorize the Mayor to submit an Idaho Community Development Block Grant Application for economic development funds to assist the city in creating new jobs and in retaining existing jobs. RESOLVED this 5th day of October 1988. A motion was made by Nyle Boyle and seconded by Bruce Sutherland to pass the resolution. All Aye RESOLUTION FOR FINANCING AND PURCHASE OF STREET LIGHTING EQUIPT. & FIXTURES At the council we purchased the street light equipment from the Utah Power & Light. We have checked into the financing and we have to have a resolution. Mayor read the resolution for Financing the Purchase of Street Lighting Equipment & Fixtures: The City of Rexburg, City Council hereby resolves to acquire and finance through the Idaho First National Bank, street lighting equipment and fixtures, costing $125,338.77, for a term of 5 years at an annual percentage rate of 8.05. The first payment of $25,338.77 will be paid in advance, followed by 5 annual payments of $25,078.66. MAYOR IS AUTHORIZED TO SIGN NECESSARY DOCUMENTS FOR CITY OF REXBURG John C Porter is authorized to sign the necessary documents on behalf of the City of Rexburg. A motion was made by Darlene Blackburn and seconded by Nile Boyle to pass the resolution. All Aye RESOLUTION READ FOR FINANCING LINE Mayor Porter read a resolution for Financing Line. In our budget we have authorized the purchase for Dump Truck, Copier, Police Cars, Pickups, and Sand Spreader. This resolution authorizes the mayor to sign the necessary documents on behalf of the city to finance these various items as they are needed during 1989. Richard has discussed this financing with a number of finance institutions located in Rexburg, the lowest interest rate is 7.85% at Idaho First National Bank. If it is under $20,000 it will be 1% higher. These purchases won't be made without getting the council permission. This resolution will if the council gives permission for the purchase to go ahead and buy these. (resolution on file) A motion was made by Nyle Fullmer and seconded by Darlene Blackburn to pass this resolution. All Aye PLANNING & ZONING RESTRICTING CERTAIN BUILDINGS Rex Larsen was at the meeting to discuss an issue that was talked about at the Planning & Zoning Meeting. Rex suggested that the city pass an ordinance restricting buildings to 2 1/2 storys out of the ground. The reason he thinks it is necessary is that is about what we can service with our fire equipment. If it is any higher than that we have a problem. Rex said our ground ladders reach 35 feet. So with 2 1/2 storys will get you into the window, it won't give us the ladder height to get on top of the roof. If they go higher than that they need to be required to be fully sprinklered and with the citys permission. The college its self is fire proof. Most of there buildings are fully sprinkler and all masonry. If it is agreeable, we could get the city attorney to draw up such an ordinance, Mayor Porter told the council. PUBLIC HEARING REGARDING PROPOSED AMENDMENTS 1 8:00 P. M. Public Hearing regarding proposed amendments and changes of the Zoning Ordinance 478. The property where the old Kingdom Hall property is at 359 South 5th West from R3 to Commercial. Wes Lawrence was at the meeting to explain the reason for .the change. He explained that it has 50 feet of frontage and goes all way back to the railroad right-a-way. He said he had looked at a map that he thought was accurate and it was only the proposed zoning map and it showed that the property should be zoned commercial. He put people in there on a lease option, who are operating a business called "Check Stop". When I found out that it was just proposed and zoned commercial, I attended the . Planning & Zoning and requested a zone change, which they recommended to the council. There is not much traffic to the business. ~ ZONE CHANGE AT 359 SOUTH 5TH WEST Virginia Collier, Katherine Smith and Bonnie Cook was at the meeting to find out more about the zone change. They were not really there to protest if they did not put in a large business. They wanted to make sure where the boundary of the zone change would be. If a big business goes in there it would effect Mrs Collier's privacy, and they were concerned about that. Her home is north of Kingdom Hall. The mayor ask if they would object to a Limited Commercial. He told her that there is protection for people who live next to commercial property. If someone goes in there they would have to have the same setbacks as the residential property. They would have put a raw of trees or a fence between the neighbor and their business. With the 50 foot frontage and the setbacks, there is not much. danger of a big business going in on that property. Mrs Collier said use her property now to turn around. The mayor ask Wes Lawrence if he would tell them to quit turning around on her property. A motion was made by Nile Boyle and seconded by Darlene Blackburn to Re-zone the property of Kingdom Hall for the 50 foot lot at 359 South 5th West from R3 to Commercial with the zoning restrictions and that they will be required to put up a fence between that property and Mrs Collier. All Aye SPECIAL USE PERMIT FOR ONE CHAIR BEAUTY SHOP Public Hearing to hear a request for a special use permit for a one-chair beauty shop and small craft business to be located in one room in petitioners' home on property zoned Residential R3. Said property is owned by Tom Price and will be sold to Vera Jean Johnson for the purpose of the special use permit. The address being 150 North 5th West. The Special Use Permit, if granted, will be subject to the following conditions: 1. That no signs or advertising will be permitted on the premises, except a sign that does not exceed four feet and is attached to the building. 2. In the event the property is sold or has other occupants, this Special Use Permit shall terminate. The Special Use Permit would be granted to Vera Jean Johnson. A petition was circulated to the property owners within 300 feet of the property and there was no objections. A motion was made by Nile Boyle that we issue a special use permit with the above restrictions, seconded by Bruce Sutherland. All Aye LID We are in the process of putting together an LID. A. West Main- curb, gutter, driveways and related storm drainage. B. 5th South - curb, gutter, driveways, pavement and related storm drainage. C. Shoshone Avenue - construct 1/1 street for 140 l.f., construct sidewalk on Shoshone Avenue & 450 South in areas where sidewalk does not exist. D. Third East - replace curb and gutter, remove trees, reconstruct street from East main to 2nd South. E. 2nd East - plans are complete and will be constructed by the Idaho Transportation Department. On 2nd East. our share of what we have to pay for curb and gutter will be paid by the people and they have agreed to do it. The engineering for the project is around $22,000. I would like to go ahead anal enter into a contract with Forsgren & Perkins for the engineering of the LID. This would be bid the same time as 2nd East. Mary will send out notices and set up the Public Hearings. A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to enter into a contract with Forsgren & Perkins for the engineering on the LID and also direct the city attorney to start moving on the project of public hearings. All Aye STEINER DITCH DISCUSSED The council discussed the Steiner Ditch alternatives. COMPLAINTS ABOUT PARKING ON CORNELL DRIVE Mayor Porter said he had talked to Keith Peterson on Cornell Ave. Since the college has started there are more cars. They are parking on Cornell. They would like to restrict the parking to one side of the street. Nile Boyle suggested that we check with the property owners. The mayor suggested that we get Keith to get the people together for a public hearing or get a petition circulated to get the feeling from the property owners. STUDENT HOUSING ORDINANCE Mayor discussed the Student Housing Ordinance and ask Mary to check on it so we can get it passed. ZONING ORDINANCE AT 359 SOUTH 5TH WEST ¢=~`=~ Mary read the ordinance to change the zoning from R3 to Commercial on the old Kingdom Hall Property at 359 South 5th West. Ordinance No. 683 AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATIONS OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATE IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by Councilman Nile Boyle and seconded by Nyle Fullmer that the rules requiring an ordinance of a general and permanent nature to be read three occasions be dispensed with and that said ordinance be numbered 683. Those voting Aye: Nile Boyle Darlene Blackburn Nyle Fullmer Bruce Sutherland Those voting Nay: None Absent: Glen Pond & Bruce Casper Ordinance was then placed before the council. The Mayor then called for the voting for the final passage of the Ordinance, and the motion was made by Nyle Fullmer and seconded by Bruce Sutherland that ordinance 683 be passed. Those voting Aye: Nile Boyle Darlene Blackburn Nyle Fullmer Bruce Sutherland Those voting Nay: None Absent: Glen Pond & Bruce Casper. The roll showed all councilmen present voting "Aye" carried, the Mayor declared that the majority of all the members of the City Council had voted for the passage of said Ordinance, and that said Ordinance was duly and regularly passed. Mayor Porter declared the motion carried. PLANNING BOARD IS DOING A GOOD JOB The mayor said the Planning Board is really doing a good job. He was concerned that on the decision made tonight we might make them mad. The only thing with Lane Ward is he has a big yard and there isn't anyone on either side of him. CLARKE APARTMENTS The council discussed the Clark Apartments. The parking is a problem and he needs to comply with the zoning regulations and building regulations. They also have to have a fire lane. .Before he starts any construction, he has to sign an agreement that with the new buildings, he has to replace the stairways on the old buildings with fire proof stairways and put fire proof stairways on the new buildings. Nyle Fullmer expressed that was the way he had made the motion in council that he meet all zoning and building regulations. 1 A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the minutes. All Aye. Meeting Adjourned. ., ~;, Rose Bagley, C-~ty ~erk John er, Mayor