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HomeMy WebLinkAbout1990.09.05 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING 09/05/90 State of Idaho) County of Madison( City of Rexburg) Present were the following: Mayor: Nile Boyle Councilmember: Farrell Young Glen Pond Darlene Blackburn Brad Liljenquist Excused: Nyle Fullmer Bruce Sutherland Also Present: Rose Bagley, City Clerk J. D. Hancock, Attorney Richard Horner, Treasurer RE: APPROVAL OF THE MINUTES A motion was made by Glen Pond and seconded by Darlene Blackburn to approve the minutes. All Aye Pledge to the flag. RE: MAYOR PRESENTS A CERTIFICATE OF AWARD TO NICOLE EASTON Nicole Easton was at the meeting. Mayor Boyle presented a certificate of award to her for outstanding achievement and heroic bravery in saving the life of her sister. On August 14 she dove in the swimming' pool and saved her sister from drowning. RE: BUDGET HEARING FOR THE 1990 - 1991 BUDGET. 7:30 was a budget hearing for the 1990 - 1991 budget. No one was at the meeting to question the budget or object to the budget. RE: ORDINANCE NO. 710 APPROVED AND PASSED Ordinance No. 710 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 1990, TO SEPTEMBER 30, 1991. AND APPROPRIATING 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, 1991. A motion was made by Councilman Glen Pond and seconded by Brad Liljenquist to suspend the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 710. Those Voting Aye: Glen Pond Darlene Blackburn Farrell Young Brad Liljenquist Those Voting Nay: None Ordinance 710 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Glen Pond and seconded by Brad Liljenquist that ordinance 710 be passed. Those Voting Aye: Glen Pond Farrell Young Darlene Blackburn Brad Liljenquist Those Voting Nay: None 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 Boyle declared the motion carried. RE: REQUEST FOR THE ANNEXATION, RE -ZONING, AND AMENDING THE MASTER PLAN FOR A SHOPPING CENTER Nick Hannon from Hannon Properties was at the meeting with a site plan. He was requesting annexation, re -zoning, and amending the master plan for some property north of the city across the river now owned by the Walker family. This would be contingent upon the purchase of the property. He said the had proposed to start in March. Glen Pond made a report from the Planning & Zoning. They made a recommendation that the city annex the property and amend the master plan and amend the zoning ordinance so it complies with commercial use. It came before the Planning & Zoning for a vote, four voted for the annexation and two abstained. Brad Liljenquist ask why they abstained. Glen told him it was because they were concerned that it might cause some vacant spots in the downtown area. Brad Liljenquist stated that a lot of times when you see a new shopping center, the assumption is it will bring new businesses in, but there is a good chance that it might fill up with the existing businesses which would create quite a lot of empty square footage in the city. Glen Pond stated that a petition was circulated to everyone within SOO feet of the property and there was no objection. RE: MOTION PASSED TO PROCEED WITH A HEARING FOR THE NEW SHOPPING CENTER A motion was made by Glen Pond to proceed with the hearing based on the recommendation of the Planning & Zoning to amend the master plan, annex the property to the city, and change the zoning to commercial. The hearing would be set for the first council in October. Seconded by Darlene Blackburn. Those voting aye: Glen Pond Darlene Blackburn Farrell Young Those voting nay: Brad Liljenquist. RE: WITHDRAWAL OF REQUEST FOR A VARIANCE Glen Pond reported that at Planning & Zoning there was a request for a variance for a doctors office, pharmacy and medical supply house. Since that time the doctor had withdrawn his request because of the tests that have been done on the property. RE: DISCUSSION ON THE REQUEST FOR A VARIANCE ON THE NELSON PROPERTY The next item the Planning & Zoning considered was a variance for the Nelson Property at 211 South 3rd West for raising livestock on the property. There was a lengthy discussion about making the property a historical landmark. The recommendation from the Planning & Zoning was that they be required to apply with the zoning ordinance. The vote was split, with four voting with not granting a variance and two abstaining. There was also a vote to review a plan for a historical landmark. David Nelson said he felt that it was an unfortunate decision and was clouded by the issue of the livestock. The plan would need to have how the property would be funded, who would be in control, how the property would be maintained and exactly what would happen over there. It would have to be more than just an idea. There would need to be some concrete things that were going to happen. Nylin Nelson said they had thought of some ideas and would like to discuss it in private because of the press and would like to negotiate with the council. There was a petition that was taken around, with the majority voting against a variance. The Nelsons claim that it was an unfair petition. Kwenden Nelson stated that they would like to work it out to avoid a law suit. He was involved in trying to work it out with Mayor Porter and Mary Smith and thought it was settled. They had told them it was okay to leave the pigs there. Mayor Boyle told him it would have had to go through the city council. A mayor cannot make a decision. Kwenden said he could see the City, Zyrl, and the neighbors point of view. David said that Zyrl has no intention of violating the ordinance. A long discussion followed on the number of animals increasing and the historical use. A motion was made by Glen Pond to table the issue and form a committee to discuss it and come up with a plan. The committee would be the the mayor the attorney, Glen Pond, two members of the Planning & Zoning and they would meet with the Nelson family. The motion was seconded by Farrell Young. All Aye RE: THE MAYOR REPORTED ON THE CENSUS PROGRESS REPORT Mayor Boyle reported on the Census progress report. It was discussed. RE: REPORT ON THE FIRE DISTRICT S.O.P. The Mayor reported on the Fire District S.O.P. (copy on file) They . will buy a few more radios and hand out the volunteers. A copy of the policy was handed out to all the councilmembers to study. RE: DISCUSSION ON THE COTTAGE APARTMENTS Glen Bean went around and checked the off campus housing and the number of students and the number of parking places required. The mayor said there is no question why we have students parking all over the streets. More than 1/2 of the apartments don't have enough parking. Glen Pond suggested that we invite the landlords in and have a meeting for fact finding before we go out and try to enforce it. Cheryl Bird (Tory) is the president of the Off Campus Housing. Some of the apartments were prior to 1968. A discussion followed. Glen Pond said there is no question that we need to enforce the ordinance and make them aware of the problem. It was decided to have a meeting with the Off Campus Housing Committee. Rick Page from College Housing was at the meeting. He discussed the problem with the council. Rick Bigler discussed the problem with the Cottage Apartments. The mayor stated that they do not have a Certificate of Occupancy. Mr Page said there is a letter going out to Mr Clark stating the college's concerns. The mayor would get a copy. Glen Bean stated that most of the safety features are complete. Mr Page said they are occupied and it is a difficult situation. It makes it hard because we have this problem and we have an explosion of students and not enough housing. It is hard to get refunds back and compensations back to the students. RE: BICYCLES STOPPING AT STOP SIGNS Darlene Blackburn ask about bicycles stopping at stop signs. There was an accident on her corner. RE: DISCUSSION ON THE POSSIBILITY OF RAZING THE OLD HOSPITAL Chris Mix was at the meeting and ask about an issue about property for doctors offices. She suggested that there might be a possibllity of razing the old hospital and getting the county, city and hospital board together. Would there be a grant available. Glen Pond stated that it is relative as how close a doctor has to be to the hospital. The hospital administration is using the old hospital and they would have to make decisions because they are using the old hospital. Keith Steiner is aware of the problem and might proceed with the hospital board and see what there feelings are. It is county property. The mayor said we do need to address the parking at the hospital. RE: DISCUSSION OF A VACANT BUILDING LEFT BY DIET CENTER 1 �I Chris also ask about the Diet Center leaving a vacant building by the Junior High. Would it be appropriate to use it for the schools? Does the city have a stand? Glen Pond told her that the Print Shop is in there and won't be vacating it for a while. RE: DISCUSSION OF THE WOOD PROBLEM The wood problem West of Porter Park was discussed. The mayor had talked to the fellow today and he is to get back with the mayor RE: APPROVAL OF THE BILLS A motion was made by Darlene Blackburn and seconded by Glen Pond to approve the bills. All Aye. A motion was made by Glen Pond and seconded by Brad Liljenquist to adjourn. All aye City Clerk, Rose Bagley Mayor Nile L. Boyle