HomeMy WebLinkAbout1990.09.19 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING
09/19/90
State of Idaho)
County of Madison{
City of Rexburg
Present were the following: Mayor: Nile Boyle
Councilmember:
Bruce Sutherland
Darlene Blackburn
Brad Liljenquist
Farrell Young
Nyle Fullmer
Glen Pond
Also Present: J. D. Hancock, Attorney
Rose Bagley, City Attorney
Richard Horner, Treasurer
Planning & Zoning Members: Chuck Frost
Jim Long
Chris Mix
Dan Hess
Scott Mortensen
RE: PLEDGE OF ALLEGIANCE
The Pledge to the flag was led by a Boy Scout.
RE: APPROVAL OF THE MINUTES
A motion was made by Darlene Blackburn and seconded by Bruce Sutherland
to approve the minutes. All aye.
RE: ORDINANCE 711 PASSED
Mayor Boyle introduced Ordinance 711 to amend the existing ordinance
pertaining to Sewer & Garbage rates and water and sewer hook up fees.
ORDINANCE NO. 711
AN ORDINANCE AMENDING SECTION IV OF ORDINANCE NO. 645 OF THE CITY OF
REXBURG, IDAHO, WHICH PROVIDES FOR SEWER CONNECTION FEES; AMENDING
SECTION I OF ORDINANCE NO. 650, WHICH PROVIDES FOR MONTHLY CHARGES FOR
GARBAGE REMOVAL SERVICE FOR EACH OCCUPIED RESIDENCE AND/OR OCCUPIED
RESIDENTIAL PREMISES WITHIN THE CITY OF REXBURG, IDAHO; AMENDING
SECTION II OF ORDINANCE NO. 650 OF THE CITY OF REXBURG, IDAHO, WHICH
PROVIDES FOR MONTHLY CHARGES FOR GARBAGE REMOVAL SERVICE FOR
NON-RESIDENTIAL PREMISES WITHIN THE CITY OF REXBURG, IDAHO; PROVIDING
THAT RATES FOR SEWER AND WATER CONNECTION FEES AND GARBAGE COLLECTION
FEES SHALL BE SET BY RESOLUTION OF CITY COUNCIL; REPEALING ALL
ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
THE EFFECTIVE DATE OF THIS ORDINANCE.
A motion was made by councilman Bruce Sutherland and seconded by Nyle
Fullmer that 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 711.
Those Voting Aye:
Those Voting Nay:
Brad Liljenquist
Farrell Young
Glen Pond
Bruce Sutherland
Darlene Blackburn
Nyle Fullmer
None
Ordinance 711 was then placed before the council. The Mayor then
called for the voting for final passage of the Ordinance, and the
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motion was made by Bruce Sutherland and seconded by Nyle Fullmer that
ordinance 711 be passed.
Those Voting Aye: Nyle Fullmer
Darlene Blackburn
Bruce Sutherland
Farrell Young
Brad Liljenquist
Glen Pond
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: MOTION PASSED TO ADOPT THE NEW GARBAGE AND SEWER RATE AND
CONNECTION FEES.
A motion was made by Darlene Blackburn and seconded by Glen Pond to
pass a resolution to adopt the new garbage and sewer rates and
connection fees for sewer and water as described on attached sheet.
All aye.
RE: TIME TURNED OVER TO THE PLANNING AND ZONING FOR A SPECIAL MEETING.
The mayor then turned the time over to the Planning and Zoning for a
special meeting.
John Millar, Mary Ann Mounts, and Mike Larson was excused.
Acting Chairman:
Members:
Chuck Frost
Dan Hess
Jim Long
Chris Mix
Scott Mortensen
RE: DISCUSSION OF DR. CROUCH'S REQUEST FOR A ZONING CHANGE.
Dr Max Crouch was at the meeting. Dr Crouch stated that he was
interested in purchasing a lot just above where Ash Ave ends off of 1st
South. He requested a variance for professional medical offices to be
built on the property. It is currently zoned R1. Chuck Frost ask if
it had ever been platted with the streets. The mayor said that street
has never been deeded to the city. Dr Crouch said he would improve the
street to the end of the property he is buying. He said he would
develop the street at first so he could sell the other lots. He would
use the same idea as Professional Plaza. Chuck Frost told him it would
have to be platted according to the Sub Division Ordinance, and it
would have to be rezoned. The mayor stated that on page 33 in the
zoning ordinance, a professional office could be build in R1 with a
variance for Limited Commercial for Professional Offices. Chuck said
that Sub division had never been filed. (Dr Crouch showed a drawing of
the proposed building.)
Jim Long told Dr Crouch that if he landscaped in front of the building
and put the parking lot in the back it would conform with the rest of
the residential neighborhood better. Dr Crouch said they could change
to that.
Chuck Frost stated that was a point well taken, it needs to blend with
the neighborhood. The petition showed that the objections and non
objections were evenly divided.
Thaine Robinson- He has two concerns, when he bought the property, he
bought it in a residential zone, with residential traffic. He wanted
residential homes not professional buildings.
Larry Thompson- He thought much of what is done with the property will
depend on what you do with the road. If the road is put in it would
syphon most of the traffic off the hill down Ash. We need to decide
what we want to do with the road eventually. It will be critical if
you live on Birch Ave.
Max Rammell- When I bought my property I was told it was residential.
He felt it wouldn't be for the best interest of the community to change
the zoning. The traffic is so bad now that I feel that this would be
an encroachment of our rights. It is not realistic to us. There is
other property around.
Tony Perkins- I would vote against the development in that area. It
would devalue the property. He ask if all the offices would have to be
approved. He would like more to say in all the property not just this
lot.
Dr Crouch said there would be professional offices only.
Mr Perkins said a portion of his property is in the field. He gets a
lot of trash. If something does go in they need to be required to have
a dumpster.
Glen Pond told the people that there would have to have a buffer
between the residential property and the professional offices.
Jim Long- Speaking as a neighbor. He felt that each person has
protection under the law and he and his neighbors should be protected
under the zoning ordinances that were in there when they bought the
property. He said he was concerned, because he questioned the
procedures that were used for this. He felt there should be more
people at this meeting. The only people at the meeting were the ones
he had contacted. He felt the property owners should be protected as
for the original concept of what the property was designated for.
Dr Crouch- There was some concern of the increased traffic flow up
Ash. There will be increased traffic flow if six office buildings are
put in, but it would be day time traffic. Nights and weekends it will
be quit. No one will develop Ash for residential.
Jim Long - Who has the responsibility for the plat. Chuck Frost told
him that Dr Crouch would have to file a plat. A preliminary plat
would have to be approved and also a final plat. We would have to
contact the owner of the other part of the property. A preliminary
plat could be worked through in 4 to 6 weeks. The plat have to be
filed before you can put a road in. Jim Long ask if a green belt could
be shown on the plat between the offices and residential area.
Chris Mix- What is the owners intent for the property. Dr Crouch said
he thought it was just an investment. (a discussion) Chris suggested
that we could recommend that Dr Crouch come with a preliminary plat and
only a variance for his office be considered.
Mr Rammell- Property prices will be by demand. I would not have
bought my home if I would have thought this would have happened.
Robert Nelson- I echo what Max Rammel has to say. I am concerned about
the traffic flow. It is already a dangerous situation. I am not in
favor.
Bruce Sutherland- Speaking as a neighbor. I am not opposed. I feel
that professional buildings bring good neighbors. They are only open
from 8:00 A.M. to 5:00 P.M. On weekends they are closed and it remains
quiet. I would really like the vacant lot improved. I feel this
program is an opportunity. I prefer it to a residential area.
Chris Mix. We own the property in Professional Plaza. The children in
that neighborhood appreciate the parking lot on off hours.
Jim Long- What kind of a vote can we have, because we are missing
three people. Chris Mix recommended that Dr Crouch come back with a
preliminary plat.
Dr Crouch- In the long run someone needs to address. There isn't any
space for doctor's offices close to the hospital. The city lost a good
pediatrician because of office space. Where can we put professional
offices.
Chuck Frost ask the group do we want to recommend a variance for
doctor's offices and do we want to recommend a preliminary plat? He
stated that whoever developes that property will have to have a
preliminary plat.
A motion was made by Dan Hess to recommend a variance for Dr Crouch for
professional offices. Seconded by Chris Mix. Jim Long ask how many
was needed for a quorum. He would not be able to vote so there would
not be a quorum. The motion would be tabled to the next meeting. Jim
Long ask why the petition was not considered. Chuck said it would be
considered in the next meeting.
The meeting was then turned over to the City Council
Public Hearing 8:40 P. M. That portion of Block 37 commencing south of
the Blunck property on South Second East to the corner of South Second
East and East First South and all the lots abutting East First South
between South Second East and South First East be zoned R-3 rather than
C-1. Anything that is there now would be grandfathered. A question
was ask about the pump house property. The mayor stated that it would
be landscaped next year. No one was at the meeting to protest. A
motion was made by Nyle Fullmer and seconded by Farrell Young to change
the zoning from C-1 to R-3.
RE: DISCUSSION OF OFF-STREET PARKING WITH OFF CAMPUS HOUSING
The next item on the agenda is Off Street Parking problem with Off
Campus Housing for students. The preliminary survey shows about 50% of
student housing are not in adherence to the parking requirements.
Chuck Frost- His concern was the older units on property without
property for parking. Bruce Sutherland stated that before 1968 they
are grandfathered. Chuck said there are a lot of homes that have been
converted for housing without parking. The mayor said even if they are
converted after 1968 they have to meet the parking requirement. Bruce
stated if we can't bring our 1968 code up how can we in good faith
expect to enforce the new ordinance. Chuck ask what about the statue
of limitation where the city has not enforced the ordinance.
Tory Bird ask about the ordinance reading that all parking lots have to
be black topped and marked within one year of construction. Most of
the apartments lack that. The mayor agreed that was a problem.
Alpine Chalet is loosing parking places with the dumpsters. There is
also parking lost with a fire lane. The mayor stated that by ordinance
you have to provide parking for the number of students with cars. She
ask if they could increase number of dumps and have less dumpsters.
Tory stated that you can't designate boys or girls. The kids are
coming with more and more cars.
Max Wade- If a unit can't take care of their own problem and provide
parking for the kids, they shouldn't be taking money from them. It
shouldn't be the councils problem. You can't expect kids to come and
live in your apartments and have a car and no place to put it.
Nyle Fullmer- Some units say they have no parking, and only take
students without cars. He agreed with Max, the housing owners have one
of two choices (1) your will cut back on the number of students you
will rent to so you can meet the parking requirements, or (2) you will
say it will be a first come first served bases with cars and it will
have to be part of the application. Once you fill up you spaces, you
don't take anyone else with a car.
Troy said a problem they have in the winter is when you can't park on
the streets, the boyfriends think they can park in the parking lot. In
Idaho Falls they have an ordinance to help control the parking on
private lots, so cars can be towed by the city at the owners expense.
He suggested that we _have an ordinance that would be controlled by the
law enforcement of the city.
Nyle Fullmer said he thought we need to pursue it. The mayor said we
would check into it.
Sheryl England- Ask if we did impound cars, can we provide tickets for
the tenants. Nyle told her we would tow only on request. She ask why
can't they park on the streets. Bruce Sutherland ask her if she had
ever lived in Rexburg during the winter. It is for snow removal.
Troy Bird - If there is an ordinance, it needs to be enforced.
CART could help if landlords advertised and put it in their information
they send out.
Merth Kidd- We want to comply with ordinance. Summerset was built and
is short 20 spaces. She ask if they could take out some grass. She
was told she could.
Jim Long -Ask if it would be possible to get a Grant and to put in
central parking with a fee system.
Cliff Jaussi- We have rented to students for a long time and in 1968
we were told we had to have parking. It is part of business to provide
parking.
Dean Birch- There is land available for parking now.
The enforcement of parking would push all students with cars to the new
apartments with parking. Troy Bird said a central parking lot won't
work. We may need to do away with the green area. If you are a
business you need to have parking.
The mayor suggested that we set up a committee with two from the
Housing, two from the Planning & Zoning, two from the Housing and a
representative from the College.
Merth Kidd- If a student does not have a parking place, let the ticket
go to the landlord to pay.
Rick from College Housing stated that if there is an ordinance, you
need to enforce it. Bob Smith - Ask what would be a penalty. The
mayor told him landlords would have to have a certificate of occupancy
for approved housing. The college need to be aware and involved.
The issue was discussed at length.
A motion was made by Brad Liljenquist and seconded by Bruce Sutherland
to form a committee for the purpose to see that landlords would be in
compliance by the time school starts next fall, 1991. All Aye
Recess.
The mayor called the meeting to order.
RE: RICKS COLLEGE'S A NEW PROGRAM CALLED THE SERVICE STATION.
Bob Smith had an item of business. Ricks College has just started a
new program. The program is called the Service Station. It is finding
persons or organizations that have needs and supply the people to help
fill that need, namely Ricks College students. They are looking for
opportunities to give the students a chance to provide some service to
give them some volunteer skills and the value of being a volunteer. hey
can provide one student or 150 students. For example if there is a
widow or widower who would need their yard cleaned up for winter they
could provide that service.
RE: THE NELSON FAMILY'S ANIMALS.
The Nelson family was at the meeting. They presented a proposal to the
council.
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Kwenden - The paper says animals are illegal. When they met with
Mayor Porter and Mary Smith it was agreed the animals were
grandfathered. Up until January or February when they were confronted
they thought they were legal. Mayor Porter had called him in the
office and the only question on the grandfather clause is the number of
pigs. No action was taken as long as Mayor Porter was in office. The
present council have determined that pigs are not there legally.
Mayor Boyle stated that the attorney says we have to give a reasonable
time to dispose of the pigs. He had had several calls about it.
Ririe Godfrey spokesman for the neighborhood: He lives 80 yards from
the pig pen. I do have concerns about it. I did obtain a copy of the
ordinance passed in 1968. No building may be altered to house
animals. The buildings have been altered to accommodate 16 pigs he had
counted on the outside. Alterations were done today to make the pig
pens bigger so they could accommodate more pigs. Alterations need to
be done constantly to make the pig pens bigger, which is in violation
to the code. They have claimed that there has been pigs continuously
on that property, but they have not been obvious to the neighbors until
three years ago. The ordinance was passed in 1968, at that time
Andrew, the father, lived on the property and Zyrl says he lived there
then, but when the 1980 Census was done he claimed he did not live
there. We are concerned because we don't think they have been there
since 1968. The children have played in the barns and we did not see
any pigs inside the barns. He had driven by them for 30 years and had
not seen any pigs until recently. They may have been there in the
barns, but if there were there was less than 16 and not visible for the
neighbors to see. There are concerns - the flys are a serious problem,
the smell is undesirable, and the safety of the children who play
around the barn. They shouldn't be on the property, but their parents
don't know they are there. He had his property for sale and the pigs
just 80 feet from his front door decreases the value of his home. That
is taking away his rights. The reason he is concerned about the
deadline is a year ago they wanted to furrow out the pigs and the
neighbors agreed to that and now they are here a second time with the
same thing. He felt they should be given some time but he was
concerned about this going on and on too long. The mayor ask him what
he would think a reasonable time would be. Mr Godfrey said they did
discuss it as a neighborhood and Christmas or New Years was discussed,
but the group was split to a three month period to allow them to move
the pigs.
Zyrl Nelson - He claimed he had maintained a residence for 43 years.
As far as how long the pigs have been there that is immaterial. The
important thing is the intent to have livestock there. The family had
a history of livestock for 53 years. He claimed that it did not matter
if it was pigs or chickens or what it was. The buildings have not been
altered.
The mayor ask when the pigs would be topped out and moved. Zyrl said
he did not have the money to buy a place and move the pigs. He
couldn't move them in the middle of the winter. He thought he should
be given a year.
Kwenden said there had been an effort to obtain the property. Nylon
said he had tried to find property. It was hard to find property
affordable where the neighbors would allow pigs.
The mayor stated that the city feels like ordinances has been broken.
There is a time we have to enforce the ordinance.
Brad Liljenquist ask Zyrl how many pigs was there in 1968. Zyrl said
he would not say how many pigs were there. He said they did have
receipts for pigs back a considerable time. He said he would not say,
of course he recalled how many was there.
A motion was made by Darlene Blackburn until the end of April to to
remove the pigs. Seconded by Nyle Fullmer.
Mayor Boyle said we gave them a time limit before, but did not have
them sign anything to agree to it. He ask Darlene if she would have
any stipulations that they would move the pigs by that time.
Nyle Fullmer thought that they needed to sign an agreement. Zyrl's
attitude toward Brad's question indicates an unwillingness to try to
cooperate with the city. He has a right to his opinion and so is the
city and it needs to go to court it will have to go.
Kwenden Nelson thought the end of April would be fair, because the
weather would be good then.
Glen Pond ask Ririe Godfrey what the feeling of the neighbors would be
if the city gave them until the end of April.
Ririe said if it were done in good faith and if Zyrl, Nylon and
Kwenden would all agree and sign it. If they are still fighting us
and it isn't settled in April then we would be against it. He felt
there should be attached to it a rider and they would all agree and
that they would all three be in favor of it. Glen Pond ask Darlene if
she wanted to amend her motion that we have an agreement in writing
from the three, the owners and the tenants.
Darlene Blackburn amended her motion to state we would give them until
April 1, 1991, to remove the pigs and that there would be an agreement
is writing signed'by the owners and tenants of the property
Nyle Fullmer said it needed to be made clear that we will not allow
them to bring pigs back to property once they are removed. Once it is
done it is done. You are abandoning the right. If we say six months
it doesn't mean six months later they can be brought back.
Nylon Nelson said that he understood. He said if they do want to
develop it a historical plot, what legal course would they need to
pursue. The mayor told them that if they do go for a historical plot
they would have to go before Planning & Zoning and the City Council.
Bruce Sutherland said he struggles with the fact that this council has
been struggling with this very thing since May. We extended it until
August 1. It was difficult for him to extend it another six months.
Glen Pond ask Zyrl if he was agreeable in writing that the pigs would
be removed by April 1. Zyrl ask why they were not allowed to have an
agreement with the city last year in writing. Glen ask if he requested
one. Zyrl said he did. The council was never made aware of a
request. Mayor Boyle told him that the mayor would not have a right to
sign an agreement without the council's approval.
Glen said he talked to the previous mayor and he recalls something
different than the Nelson's recalls.
Nylon said they appreciated the council's willingness to extend the
time.
Glen again ask if they would sign an agreement or will the council have
to give only 30 days and force the issue. If we are extending the
time, we would expect some cooperation from the tenant and the owners
that we would have that agreement in writing. We want to walk out
there on April 1, 1991 and there won't be a pig there.
Zyrl- He didn't say he was unfavorable to signing the agreement. I
did state that I wondered why we didn't have a signed agreement. There
was a letter sent out last year with a deadline. If there wasn't some
type of an agreement, why wasn't that letter enforced last year. Glen
Pond said probably the same reason it wasn't enforced in May. Zyrl
said he would go for a settlement like that. He said you move the pigs
and I choose the time to move them. Glen ask are you willing to go
along with the current motion. Zyrl said he would go along with a
signed agreement that the pigs would be moved by April 1. He said he
would go that far but wouldn't go any further. I will not sign
anything about not bringing them back. He said a Living Historical
Block meant to him the animals are there living. The mayor told him it
would have to be handled like a variance and it would be a different
issue.
Ririe Godfrey said he thought if they are going to bring the pigs back
in April, we would object to that. We need some sort of an agreement
that they can not be brought back under any circumstances unless it
goes through Planning & Zoning and it is a sanitary situation with
concrete floors and a sewage system and what ever is necessary to make
it sanitary for the neighbors.
Kwenden Nelson said he was willing to sign the agreement.
Zyrl - What about the plan to establish a Historical Plot they had
mentioned in the petition. It would be to move the livestock in the
center of the lot.
The mayor ask for a vote on the motion. Glen Pond said he understood
that there are other animals. It doesn't qualify the other animals to
be there because we are removing the pigs at this time.
Voting on the motion before the board. Those voting aye: Brad
Liljenquist, Farrell Young, Glen Pond, Darlene Blackburn, Nyle
Fullmer. Those voting nay: Bruce Sutherland.
The city attorney was asked to draw up an agreement.
RE: DISCUSSION OF DAVID HOGG HAVING A WOOD CUTTING BUSINESS IN A
RESIDENTIAL ZONE.
The mayor said we have another problem. West of the Carousel, David
Hogg has a wood cutting business in a Residential Zone on 3rd West and
2nd South on the city property. A motion was made by Bruce Sutherland
and seconded by Darlene Blackburn to inform him he is in violation of
city ordinances and will have to move the wood and cease to operate a
business in 30 days. All Aye
RE: AN INVITATION TO THE COUNCIL TO RIDE IN THE HOMECOMING PARADE.
The mayor told the council the were invited to ride in the Homecoming
Parade on September 29.
RE: VIOLATIONS OF THE NEW NUISANCE ORDINANCE DISCUSSED.
Violations of the new Nuisance Ordinance was discussed.
RE: APPROVAL OF THE BILLS
A motion was made by Brad Liljenquist and seconded by Nyle Fullmer to
pay the bills. All Aye
Meeting adjourned.
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MayorNile L. Bo e
City Clerk, oSe agley