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HomeMy WebLinkAbout1990.10.03 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING 10/03/90 State of Idaho) County of Madison( City of Rexburg) Present were the following: Mayor: Councilmember: Also Present: Pledge to the flag. RE: APPROVAL OF THE MINUTES Nile Boyle Glen Pond Brad Liljenquist Farrell Young Darlene Peterson Bruce Sutherland Nyle Fullmer Rose Bagley, City Clerk J D Hancock, Attorney Richard Horner, Treasurer L4, A motion was made by Nyle Fullmer and seconded by Darlene Blackburn to.____ approve the minutes. All Aye. RE: REPORT ON THE PLANNING & ZONING MEETING Glen Pond made a report on the Planning & Zoning Meeting. He reported on the Conditional Use Permit request from Dr Max Crouch. A Public Hearing will be held on October 17. RE: TETON COMMUNICATIONS REQUEST TO CONSTRUCT A SUPPORTING TOWER Teton Communications request to construct a 10' x 20' electronic building and a 60' supporting tower on the southwest corner of Tract 2 of their property by the elevated water tower. The Planning & Zoning felt that there were already towers up there and use was already established. Their recommendation was that we go ahead and pursue it and see if we could accommodate the communications system. The petition that was passed showed one was against and one we could not get in touch with. Tony representing Teton Communications was at the meeting to show a drawing and explain what they planned to do. It would be similar to the one U S West Communications has. Their tower would be directly east of U S West's tower. They purchased a piece of property from A M R two and one half acres. For this project they would only use a small corner of it. The zoning is R1 at the present. The Planning & Zoning recommended a Conditional Use Permit be issued. A motion was made by Glen Pond and seconded by Brad Liljenquist to set the date for a public hearing for the 1st council in November. All aye. RE: RECOMMENDATION TO ADOPT IDAHO FALLS BUILDING PERMIT REQUIREMENTS The mayor told the council the Planning & Zoning made a recommendation that the city adopt the requirements for building permit requirements that are used in Idaho Falls. The mayor turned it over to the attorney to write up the requirements and present them at the next council meeting. RE: NEW ZONING ORDINANCE Glen Pond told the council in order to complete the new zoning ordinance there would be neighborhood meetings held to get the input from the citizens and get the ideas of what the community wants. There would be one Oct 11 at Adams School, Oct 18 at the Library, Oct 25 at Kennedy School, Nov 1 at Lincoln School. RE: ORDINANCE NO. 712 PASSED Mayor presented ordinance 712 changing the zoning on the south half of block 37. The council had made a motion at the last council meeting to change the zoning from Commercial to R3. ORDINANCE NO. 712 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 Councilmember Nyle Fullmer and seconded by Glen Pond 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 712. Those voting aye: Those voting nay: Nyle Fullmer Glen Pond Darlene Peterson Brad Liljenquist Bruce Sutherland Farrell Young None Ordinance 712 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 Bruce Sutherland and seconded by Glen Pond that ordinance 712 be passed. Those voting aye: Those voting nay: Darlene Peterson Brad Liljenquist Farrell Young Glen Pond Bruce Sutherland Nyle Fullmer 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 reqularely passed. Mayor Boyle declared the motion carried. RE: BASIC AMERICAN FOOD'S "QUALITY IMPROVEMENT DAY" We got a letter from Basic American Foods inviting us to join the annual celebration of "Quality Improvement Day" October 5 from 11:00 A. M. to 7:00 P. M. RE: BIDS FOR POLICE CARS We advertised for bids for police cars. We only received one bid from Taylor Chevrolet. It was for $16,209 each for two Chevrolet 1991 Caprice. A motion was made by Nyle Fullmer and seconded by Glen Pond to except a bid on a lease purchase plan. All Aye. RE: NELSON'S AGREEMENT The mayor told the council that the Nelsons have signed the agreement. RE: WORKSHOP FOR IDAHO DEPARTMENT OF WATER RESOURCES On October 10, at 7:00 A. M. there will be a meeting with the Idaho Department of Water Resources. It will be a workshop for information. RE: APPROVAL OF CHANGES IN THE POLICY AND PROCEDURE MANUAL We sent our Policy & Procedure Manual to the Gibbons Company to review. They recommended that some of the wording be changed. The wording on hiring needs to be changed, also the Policy on Sick Leave needs to be changed to include when a member of the immediate family residing in the same household is ill an employee can use his sick leave if they need to stay with that family member. A motion was made by Glen Pond and seconded by Nyle Fullmer to approve the changes in the Policy & Procedure Manual. All Aye. RE: HIRING A NEW ELECTRICAL INSPECTOR ff The mayor commented that because of the death of our Electrical Inspector, Tom Matthews, we will need to hire a new inspector. Tom has done a good job and he will be hard to replace. Bruce suggested that we advertise. Glen Pond suggested that we get the information out to the Idaho Electrical League. RE: APPROVAL OF THE BILLS A motion was made by Glen Pond to approve the bills, seconded by Brad Liljenquist. All Aye. RE: DAVID HOGG AND THE CUTTING OF FIRE WOOD ON THE CITY RIGHT -A -WAY At the last meeting we voted to notify David Hogg concerning the cutting of fire wood on the city right -a -way. He has hired an attorney. The council agreed we still need to proceed. RE: PUBLIC HEARING PERTAINING TO THE ANNEXATIONS TO THE CITY 8:00 P. M. Public Hearing. (Refer to Notice of Public Hearing Given on October 3, 1990, at 8:00 o'clock p. m., at the Rexburg City Hall, the council of the City of Rexburg, Idaho, will hold a public hearing pertaining to the annexation to the City of the following described property. Notice attached to minutes, notice included property description.) The council will hear and consider any and all protests against the annexation of said property; that said property if annexed to the City will be zoned C-1, which will necessitate a change in the zoning as defined in the Madison County -Rexburg Comprehensive Plan 2000. The amendment in the Master Plan is to change said parcels from residential and industrial zoning to C-1, which would permit the use of the said property as a community shopping center. This request is contingent upon the sale of the foregoing parcels from the Walker family to Hannon Properties. This property is just north of the Teton River and East of Highway 33. The mayor stated that if there was any members on the council that felt they had a conflict of interest they should declare it at this time. Nyle Fullmer stated that he owned a business but did not feel that was a conflict. RE: HANNON PROPERTIES REQUEST FOR AN ANNEXATION Nick Hannon Park City, Utah and KentMorgan representing Hannon Properties was at the meeting to support the resolution to request the annexation, re -zoning and amending the Comprehensive Plan. They had been up here a few months ago and spent time analyzing the community and think we have something to offer for the benefit of the community. We came to Planning & Zoning with some Preliminary Bubble Plans and was pleased with their recommendation to City Council to approve the resolution as proposed. We are here tonight after the legal publishing has been done to affirm the resolution. It will have between 150,000 and 200,000 square feet of commercial uses which will generate from five to seven million dollar construction development project in the community. If the sales per square foot are typical of what is contemplated the use to be, it will bring sales around 35 million dollars. If the jobs are typical per square foot, you will be looking at 400 plus possibly 500 new jobs. We feel this community is suffering from a commercial leakage. That is when people go to the next town down to do most of their shopping. More shopping will get done here. People driving by will stop here. Brad Liljenquist ask if they had addressed the traffic impact in that area. Mr Hannon said they had gone to the Idaho Department of Transportation and ask for the traffic count and ask them to analysis their future plans. We have showed them our drawings and they said we would be within compliance and did they not see any impact. Brad ask if there would be any change in the road. Mr Hannon said there would not be a change at this time. Mayor Boyle said they had met with the Department of Transportation on Friday and, they have concluded that the bridge is wide enough to make a four lane with a turning lane. At the Rigby office they felt that the impact would be if there is that much traffic there enough to 9 �, necessitate a stop light and the street also would need to be widened with a accelerate lane on the east side. That should not be too expensive. With the college kids, you would get a lot of walking traffic. The Highway Department felt the bridge would not be adequate to put a pedestrian lane on and a pedestrian bridge would need to be built. Brad Liljenquist- He felt with the impact we would need to do something with the road. The mayor said he was sure it needed to be widened out past where it is now. Brad ask who would be responsible for the widening of the road. The Highway Department said usually the Developer makes the improvements. If it creates a lot of jobs in the low to medium income jobs, we could probably qualify for a EDA Grant that would pay 50% of some of the traffic control improvements if we qualify. The sidewalks end where Golden Corral is and if we are going to get a lot of foot traffic, we need to get sidewalks out there. Glen Pond said they went to look at the power lines out there and the lines are transmission lines. Without some expense the lines couldn't be moved. The distribution unit that goes onto the Walker property can be moved. Nick Hannon said the power lines are on an easement and it would be between the power company and who ever wants them to come down. Brad Liljenquist ask if they were willing to participate in the cost of road improvements. Nick said he did not come tonight prepared to talk about the development project. It was his understanding that tonight it would be to vote on the annexation, zoning and amending the comprehensive plan. He had planned to come back before the Planning & Zoning with the plans for development, and they would make recommendation as to how it would lay out, circulation, fire, power, and other things. Brad was reluctant to make a decision on annexation at this time if we were annexing a traffic problem. Nyle Fullmer said he didn't feel we had all the information we needed. Nick Hannon said your concerns are valid. You want to make it a good project. Those things need to be answered. We are not ready to answer it because we have not experienced this type of dialogue over these kinds of entitlements. That is why the city has a Planning & Zoning, City Ordinances and studies on traffic that call for warrants. There is a lot of printed material on traffic that shows you if you need a acceleration and a de-accleration lane based on the traffic count. There is a lot of rules that go with this traffic problems. That is not the kind of engineering expense that people are willing to go to for un -zoned agricultural property. Nyle Fullmer felt that would answer the questions, after the annexation then we could review plans and approve or disapprove them. Nick Hannon stated that all they were asking for today is are you willing to re -zone the property, are you willing to annex the property, and modify the master plan for the use of Cl in a shopping center use. Mayor Boyle told him he had rumors that K Mart and Albertsons was just going to move across the highway to the new mall. Nick said he could not say at this time who was going into the mall. He said the city would not be disappointed with the use. Trent Siddaway- He questioned what impact it would have on the city as far as taxes. Would there be a tax benefit the city will receive from this and money coming into the city generated from these businesses? The mayor said if there was 5 to 7 million dollars in construction it would be a real asses to the city's tax base, and if it generated 400 hundred more jobs, this would be an asset. Glen Pond ask if any property owners was at the meeting and if there are any objections. Farrell Davidson, speaking as a property owner. The property owners are willing to have the property annexed and have signed agreements to this providing that the mall is built there, but if it is not built we don't want it annexed. Mayor Boyle said he was concerned with about $150,000 worth of street improvements if a traffic light has to go in. J. D. Hancock said when the plan is submitted to Planning & Zoning we would discuss these issues. At that time the Council, Planning & Board and Traffic Committee would deem if it is important that a light be put in. A discussion on traffic light need. Farrell Young stated that based on the comments he had received over the last several weeks it has been overwhelmingly in favor of the annexation and mall. He made a motion that we accept the resolution to annex the Walker Property and change the zoning to Cl, and amend the Master Plan to allow these people to go ahead with their planning contingent upon the sale of the property and the meeting of specific requirements that will be necessary for that parcel. Seconded by Darlene Blackburn. Those Voting Aye: Glen Pond, Nyle Fullmer, Darlene Blackburn, Bruce Sutherland, Farrell Young, Those Voting Nay: Brad Liljenquist. Nick Hannon thanked the council for their decision. A motion was made by Glen Pond and seconded by Nyle Fullmer to adjourn. All Aye. -------- - -------- � Mayor Nile 7.. Bogle City Clerk, Ros Bagl 1