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HomeMy WebLinkAbout1989.06.21 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING June 21, 1989 ~, [i State of Idaho} County of Madison( City of Rexburg) Those Present: Mayor: Councilmembers: Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, Treasurer John C Porter Nile Boyle Bruce Sutherland Glen Pond Darlene Blackburn Nyle Fullmer A motion was made by Bruce Casper and seconded by Nile Boyle to approve the minutes. All Aye RE: TORT CLAIM Layne Dearden was at the meeting to present a Tort Claim, of which he had brought to the City Hall prior to the meeting. Before he took that matter up he presented a petition requesting the cement work be repaired or replaced on the corner of Third South and Third East. Mr. Dearden lives at 351 South 3rd East. The Tort Claim is against the city for the loss of a cat. He felt that there is an ethical issue that must be dealt with. Mr. Dearden had reviewed the city laws on animal control, and the animal should be kept for three days (72 hours) and if the owner has not been found before it can be disposed of the law says it will be advertised in the local paper for two issues. The mayor said that the law he is talking about is the Astray law. He asked who decided which part of the law is kept. The mayor said the only time the city picks up a cat is when they get a complaint, and we don't license them. They got a complaint when the Dearden cat was picked up. We would have held it for 3 days but it escaped. Chief Siepert was at the meeting and told Mr. Dearden that since this happened we have secured two cat cages, and they are set back in so they are not in view of the dogs. He said they had held cats in that building before for a period of time, and have given some cats away, and had to dispose of some as well. It has only been in the last 6 to 8 months that the cat complaint has been a problem. We have some traps that we purchased to trap skunks and have had to use them for cats when we have had complaints of alley cats that are a problem. Blair said it was unfortunate that the cat got away and the animal control officer has been looking for it. Mr. Dearden asked if a cat was 150 feet from its residence if it was considered at large. The mayor said if it was off his property it was at large. The council denied the claim and turned it over to the City Attorney. RE: UPPER VALLEY INDUSTRIES STREET CLOSURE A representative from Upper Valley Industries was at the meeting. He said they were going to hold their 2nd Annual Barbecue on July 8. He requested that the city allow them to close the West Bound lane of traffic between Main & 3rd East for the barbecue, and Main Street between 3rd and 4th East for the helicopter to land, just South of the Park. Glen Pond said the only prablem would be if the people that live at Park Place could get in and out. A motion was made by Nile Boyle and seconded by Nyle Fullmer to allow the streets to close those lanes of traffic. All Aye Glen Pond asked when they were going to finish the fence. He told the council they were waiting to get some asphalt down and should be able to finish it in the next couple of months. RE: LID ~~26 8:00 P. M. LID Public Hearing on LID ~~26 assessment. It is to let people know what the assessment is so they can pay without any interest. No one was at the hearing. A motion was made by Nile Boyle and seconded by Darlene Blackburn to confirm the assessment roll. All Aye. (Proceedings attached) RE: FIREWORKS PERMITS Mayor Porter read applications for Fireworks Permits. Shane R. Kunz at the Farm Bureau Lot Porters Book and Variety Store Payless Drug M. H. Kings Layne Webster, Broulims Parking Lot Pyrodyne. Broulims Parking Lot and on North 2nd East lot owned by Diet Center. A motion was made by Nyle Fullmer and seconded by Darlene Blackburn to approve the applications. All Aye. RE: REQUEST ZONE CHANGE Mayor Porter reported that there had been a request by Frank Bell to have the zone changed on the lot on East Znd North--West of the Medical Center. He wanted to change the zone to Limited Commercial so he could sell it for an ASCS Office to be built. We have sent a petition around to the property owners and had four people against it. We will still have to have a public hearing. Glen Pond explained that he had talked with Brent Mendenhall, supervisor of the ASCS office, he was confident that that office building was not going to that location. Glen said that if you want to make that Limited Commercial area you are faced with every time you have a buyer for that property they will have to come in and take a petition around again. Glen made a motion that it be referred back to the Planning & Zoning to let them give their recommendation so it would be done right to start with. Seconded by Nyle Fullmer. All aye. RE: REQUEST ZONE CHANGE Nile Boyle explained to the council that at the end of Bare Street there are some storage buildings. They are owned. by Godfrey. They come clear back to the end of the block that is zoned commercial and the next part of that block is R2. Rulon Niederer owns some property directly behind those storage sheds. There is nothing there except weeds. Godfreys have offered to buy that property if they extend their storage sheds back there. It will have to be re-zoned for about 200 feet. The council said to refer it back to the Planning & Zoning. RE: AIRPORT RUNWAY REPAIR The Mayor read a letter from the Idaho States Transportation Department Aeronautics Division, and they have given us a grant agreement. They are granting the Rexburg Madison County Airport $10,000 that the county, the airport board, and the city have to match. This is to be used to repair the runway. Most of the work the city and county will have 'to do will be in kind work. There won't be much cash to be put out. Resolution attached. The resolution was introduced by Nyle Fullmer and seconded by Darlene Blackburn. All aye. A petition was submitted by some people in the Ricks Wade Addition who are against expansion of the airport. Before anything is done on the airport there will be public hearings. The mayor said he would file it until the hearings are held. RE: BED AND BREAKFAST Glen Pond reviewed the Planning & Zoning minutes. Bed & Breakfast was discussed, they would like to work on an ordinance. They want two members from the Planning Board and two other members to work on an ordinance. RE: REQUEST ZONE CHANGE We had a request to re-zone the corner of 2nd South and Center for an apartment house. They are coming back to Planning & Zoning. RE: TREES FOR 5TH WEST Glen Pond brought up that we still haven't found any trees for 5th West. He recommended that we get some and get them planted. RE: CLEAN-UP The mayor said we have been getting complaints on vacant lots that need to be cleaned up. We have been contacting them. Mr. Siffard has some lots up on Millhollow, and he does not seem to want to clean them up. We will go ahead and clean them up and bill him for them. RE: PARKING Nyle Fullmer asked Glen Pond about the apartment house that Jay Flukinger is building, if he has enough parking. Glen said he would check with the building inspector. RE: HANDICAPPED PARKING The paster of the Community Church wants a Handicapped Parking place. There may be other churches that need to have one. The council okayed it. Clint Kingsford reported on the street repair projects. RE: GREEN RIVER ORDINANCE Mayor Porter told the council that we need to do away with the Green River Ordinance. We need to draw up a different business. license ordinance to take care of transit and door to door salesman. RE: PLEDGE OF ALLEGIANCE Glen Pond said he had read an item that suggests that we start every meeting with the Pledge of Allegiance. He recommended that we start doing this at the next meeting. If we have scouts at the meeting they could take care of it. A motion was made by Glen Pond and seconded by Nyle Fullmer to pay the bills. All Aye. Meeting adjourned. j'e~c.p,,~,, y~~ /~ ~' ~ i OF THE CITY RESOLUTION EXTRACT FROM THE MINUTES OF A REGULAR MEETING CITY COUNCIL OF HE CITY OF REXBURG , IDAHO HELD ON ~ , 19~' //~ The following Resolution was introduced by Councilman UGC G~-c%~~~'r~-tom read in full, considered and adopted: RESOLUTION NO. OF THE CITY OF REXBURG , IDAHO ACCEPT- ING THE GRANT OFFER OF THE STATE OF IDAHO THROUGH THE IDAHO TRANSPORTA- TION DEPARTMENT, BUREAU OF AERONAUTICS, IN THE MAXIMUM AMOUNT OF $ 1Or000 TO BE USED UNDER THE AIRPORT DEVELOPMENT AID PROGRAM PROJECT N0. SP- 031-02 IN THE DEVELOPMENT OF REXBURG- MADISON COUNTY AIRPORT; and Be it Resolved by the Mayor and Council of the City of REXBURG , Idaho as follows: Sec. 1. That the City of REXBURG , shall accept the Grant Offer of the State of Idaho in the amount of $ 10,000 , for the purpose of obtaining State Aid under Project No. SP-0031-02 , in the development of REXBURG-MADISON CO. Airport; and Sec. 2. That the Mayor authorized and directed Offer (entitled Part II .and the City Clerk is h ture of the Mayor and REXBURG on of the City of REXBURG is hereby to sign the statement of Acceptance of said Grant - Acceptance) on behalf of the City of REXBURG ereby authorized and directed to attest the signa- to impress the official seal of the City of the aforesaid statement of Acceptance; and Sec. 3. A true copy of the Grant Offer referred to herein is attached hereto and made a part thereof. PASSED BY THE COUNCIL AND APPROVED BY TH 19~. ATTEST; ROSE BAGLEY ~ , Clerk E MAYOR THIS ~ DAY OF JO C. ORTER' , Mayor CERTIFICATE a I,± ROSE BAGLEY , City Clerk of the City of Idaho do hereby certify that the foregoing (and attached true, and correct copy of Resolution No. regular meeting o the Council of the Cit~ of .REXBURG REXBURG copy) is a full, r adopted at a held on the •~ / day of .~~-u..e-- , 19 ~ , and that the same is now in full force and effe IN WITNESS WHEREOF, I have hereunto set my hand and impressed th official seal of the`Cit of REXBURG this day of ~ 19 ,~~ . ROSE BAG ,Clerk WDP/DOC.43