HomeMy WebLinkAbout1991.04.17 CITY COUNCIL MINUTES~,
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MINUTES OF THE CITY COUNCIL MEETING
04/17/91
State of Idaho)
County of Madison(ss
City of Rexburg
Present were the following: Mayor:
Councilmembers:
Excused:
Nile Boyle
Darlene Peterson
Bruce Sutherland
Glen Pond
Nyle Fullmer
Brad Liljenquist
Farrell Young
Also Present:
Rose Bagley, City Clerk
J. D. Hancock, Attorney
Richard Horner, Treasurer
RE: INFORMATIONAL HEARING ON THE NEW GARBAGE SYSTEM
7:00 P. M. Information Hearing on the new Garbage System.
The mayor told the group it would be a savings, we could save on one or
two men.
A discussion if one bin would be enough for a large family. A
discussion on the storage and the durability. They will not be
effected by cold weather.
A resident said he lives in Millhollow Trailer Court, they have two
dumpsters and the wind blows the garbage all over. He thought each
trailer should have one of the cans.
A question if they can leave the cans out in front of their homes on
the curb if they are not unsightly. That might help the problem in the
winter with the snow.
What about older people getting them in and out to the curb.
Which size will the city use - 105 gal or 90 gal? Can you have a
smaller one if you want? Is it an option?
The city will buy the cans for residents.
A concern is the snow. If you don't have your drive way cleaned for
the snow. It will be hard to find the curb. Will we have to have a
bigger area cleaned for snow. Before or after the snow plow there will
be a problem. Can you wheel the cans through the snow.
7:30 P. M. City Council Meeting - Pledge to the flag.
The mayor said there will be some mornings if the snow is bad we will
not be able to get the garbage out. We are looking at the cleanliness
of it.
Someone said when the snow gets here, there is a question if it will
work.
The mayor stated again their is a problem with snow and storage. We
will be able to pick up the garbage in the residential area in two days.
Someone suggested that if there is a bad storm they could pick up the
garbage a different day.
Logan, Utah said snow isn't much of a problem.
The mayor said we need to do more recycling. Upper Valley Industries
have taken over the recycling and will drop off bins in several areas.
A question was asked if there was a time frame. The mayor said we have
not put it out for bids and the council is open for comments.
The council told the residents this size would be more feasible for
this area. It was suggested that the city goes to two sizes a smaller
one for widows and couples. If you use two cans the city will have to
decide on a charge. The price on the cans are $70.
A question was asked if they have big boxes and they won't fit in the
can. It would be a good idea to put those in the recycle bins.
Bruce Sutherland said he was impressed by the reliability of the
system, the savings, and that the bin fits well.
Mayor Boyle read two letters from people who were against the new
garbage system, one latter was from Ned and Nancy Brewerton and the
other was from Denton and Vera Brewerton. ( letters on filed)
Glen Pond said he had driven around the city and observed the garbage
that is out on the curb to be picked up. He could not believe what was
put out and expected of the sanitation department to pick up. This
system would be better for the employees and the community. After
reviewing it there are advantages to this system.
There was a suggestion that people would like to be able to recycle on
the site. The mayor told the resident that would be expensive. Nyle
Fullmer stated people might think you need a small container, but he
thought you could always use a big container.
RE: MINUTES APPROVED
A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to
approve the minutes. All aye.
RE: MADISON COUNTY ARTS COUNCIL BOARD
Mayor Boyle made a recommendations for the Madison County Arts Council
with works in conjunction with the Tabernacle Board. If we get this
council working we can qualify for a lot of grants. As chairman,
Margaret Arnold, council members Ruth Christensen, Belinda
Crandall, Lonnie Hackworth, Moana Wilding, Gwen Harris,
Holley Hikida, and Cheryl Mattach. A motion was made by Glen
Pond to approve the names for the Arts Council, seconded by Bruce
Sutherland. All Aye
RE: MAKING THE TABERNACLE HANDICAP ASSESSABLE
Mayor Boyle said one thing we need to do is to make the Tabernacle
Handicap assessable in order to get some of the grants. John Watson
studied putting in ramps. The cost would be $45,000 and they wouldn't
go into the basement. He has drawn up a plan for an elevator which
would cost about $80,000. We are looking for funding for that.
A question was asked why there weren't any men on the Arts Council.
The mayor told him there were men on the tabernacle board.
RE: PUBLIC HEARING FOR ZONE CHANGE - DEE THUESON CAR WASH
Public Hearing - 8:00 P. M. A request to change the zoning on the
property to C-2 (commercial) rather than R-3 as it is presently zoned.
The said property is located at 409, 419, and 429 West Main and owned
by Dee Thueson. The purpose for the request is to put a car wash on
that property.
Mayor Boyle read a letter from Robert Kent Taylor in protest to the
zone change. (copy attached)
Dee Thueson- He felt there is a great need for a car wash in
Rexburg. They own that ground and want to put in a nice looking car
wash. Verlon Lauder's car wash on 5th west is not open and it is
out dated. It is not in a good area. West Main has more than 8000
cars go past there each day. He has had a car wash for about 18 years
and put new equipment in as needed and has kept it up and clean. They
feel that is a nice area to put a car wash.
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Lester Nelson 457 West Main gave a petition in opposition he had the
property owners sign. (copy on file)
Glen Pond ask Dee Thueson how long he had had the property. Dee said
he had had the property since the flood. Glen asked him if he was
aware of the zoning when he bought the property. Dee said at one time
they had thought about putting in some four plex apartments but did
not think it was necessary right now. Commercial ground in that area
would make the ground very valuable. You need to put a car wash where
you think it will do you some good where the traffic is.
Lester Nelson 457 West Main - He said he agreed with some of the
things Dee says, as far as the business is concerned. The petition he
brought in had 17 names that were in opposition to the change in
zoning. He understood that it had been proposed to change the zoning
to commercial before and had been turned down. It is close to the
school and the more business you have the more noise and interference
for residential people. He has lived there for a long time and did not
think the change in zoning would increase the value of his property.
He thought it would decrease the value.
Dee Thueson - I'm not geared to argue the point. He told Mr Nelson
if he wanted to sell his home, no one will buy it on Main Street
because they are afraid it will go to commercial. He thought the zone
change would make the Nelson property more valuable. He referred to
17th Street.
Mayor Boyle said at a meeting the other day a Planner said 17th
street is the worst example of what zoning has done. Prior planning
would have helped.
Graydon Burton - 416 West Main - Before the flood they had bought
their home and there was a home on the east and on the west of them and
it was a nice area. After the flood the house on the east was torn
down and they left a big hole in the ground. He had filled the hole.
The house on the west was torn down and there is still a hole where the
house was. There has been weeds, bugs and dust from the vacant lots.
He felt that the city had been neglectful for not maintaining a program
to keep the lots cleaned up. They had been promised that the down
trees and things would be hauled away. They had talked to people about
buying their home and cannot sell it because of the traffic. All three
lots next to him have been up for sale and no one will buy them.
Unless something can be done for those who still live there, and the
residue of the flood damage that is around us, then I am in favor of
going commercial. If it was commercial it would be turned into
something. He and his wife both support changing that side of the
street to commercial.
Dee Thueson said if the car wash was in there it would be paved and
nice. It would be a good improvement.
Steve Kauer - Blackfoot, Idaho - He and his brothers & sisters own
the property on 5th West and Main. They have had that property since
the 50's and thought they would build a house there. Since then they
have passed away. Traffic has become so great along that street. He
said he felt that block on both sides of the street is an eye sore. He
said he could see the turmoil in some of the residents hearts who have
homes there and have lived there for a long time, but things do
change. He said he had had numerous offers on their property for
commercial interest and very few for houses. We can get more for the
property for a business. It is natural for the land to be for business
but not natural for homes. He could not see any building going up on
that street. He felt that the block needs to be commercial. We get
calls about the garbage on the lot and we do not put it there. Until
the property is zoned commercial we won't be about to sell the
property. It would bring the tax base up. He was strongly in favor of
the zone change.
Warren Bates - 328 West Main. The things that Mr Kauer stated is the
reason he is opposed to the zone change. If Thueson's would buy the
entire block then the zone change would be okay. The traffic isn't all
that bad. We try to keep our lots nice. If you piece meal zone you
need to start at the other end and start back. People who are trying
to get the property re-zoned and live somewhere else aren't concerned.
If we could sell all the property a lot of people living along there
would agree. Apartments would be nice. It is more than a commercial
venture, it is our home and that is why I would be against it.
Marjorie Bates - A lot of school children pass buy that lot and go to
the Kennedy school and it would be more difficult with the increase in
traffic.
Lester Nelson- He felt like Mr Bates about the school children.
Twice a day they see children crossing the street and it was a hazard
before the stop sign went in. As far as values are concerned, he
bought a lot there 38 years ago and paid $1002 for the lot.
Mayor Boyle stated that petitions that are passed by people that are
interested don't carry the same weight as petitions passed by
disinterested parties. We will enter the petition that Mr Nelson
brought in the minutes.
When the Planning & Zoning first had the request to change the zoning
they gave approval. In the next meeting, after they had a chance to
look at the property, they said they made a mistake to recommend the
zone change and voted five to one against it.
Susan Petersen - 370 West Main - Why do we keep having these public
hearings? She has been to three meetings to change it to commercial.
The end of main street has a character of its own. There are people
who want to move in the area. It is residential. She said she wished
they would stop having these public hearings. It is a busy street but
it has a character of residential.. To go to a good car wash she would
drive across town.
Dee Thueson - When was the Planning & Zoning meeting that they voted
against it? The mayor read the minutes and said it was a work meeting.
Glen Pond said he appreciated the comments that have been made. For
sometime we have spent several thousand dollars in doing studies to
indicate to us what would be best for Rexburg in zoning in that area.
As we finished with the neighborhood meeting with the planner we have
hired to advise us, it was indicated that the property from 4th West on
out be maintained residential to maintain the integrity of the homes.
He appreciated the comment about the vacant lots and perhaps the city
has some responsibility to see that the property owners get them
cleaned up. He was sure that Dee Thueson would build a more than
adequate car wash there and would keep the property maintained. He had
reservations if that would be the most advantageous use of that
property. The other property that was mentioned was on the corner of
main and 5th West which he thought sets directly in a residential area
and would probably be maintained residential because he did not think
the people in that area would direct the city to change the zoning.
Glen Pond made a motion to follow the recommendation of Planning &
Zoning that this property remains zoned as it currently is R3 based on
the studies that have been made in the past and based on what is there
now to maintain the character of the residential area on West Main.
Seconded by Nyle Fullmer that the zoning change be denied. Those
. Voting Aye: Nyle Fullmer, Bruce Sutherland, Glen Pond and Darlene
Peterson.
RE: EXTENSION TO HARMONY HOUSE
Next on the agenda Jay Flukinger to request an extension to Harmony
House. This would require a zone change from R2 to R3. The petition
had been taken around again to include College Ave. There was five
objecting and 15 not objecting. Glen Pond read the minutes of Planning
& Zoning of March 15. J. D. Hancock stated that we only have 75 ~ on
the petition for it. A motion was made by Nyle Fullmer to recommend we
set it for a public hearing, and seconded by Bruce Sutherland. Nyle
asked Jay you indicated you have a standing offer. Jay said his
attorney had sent a letter of intent.
RE: MOTION PASSED TO SET PUBLIC HEARING TO AMEND COMPREHENSIVE PLAN
The mayor stated that we need to set a public hearing to amend the
Comprehensive Plan for the new park. A motion was made by Glen Pond
and seconded by Nyle Fullmer to set the hearing for May 15 at 8:00 P.
M. for the city council. All Aye.
RE: ORDINANCE 717 - FLOOD ORDINANCE - PASSED
Mayor Boyle read Ordinance 717 the Flood Ordinance for the second
time. Glen Pond had some questions on the map, the mayor stated after
checking the map those areas were covered before. Glen stated that
they would get a break on flood insurance with this ordinance. The
council decided to dispense with the third reading.
717
AN ORDINANCE ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD IDENTIFIED BY
THE FEDERAL INSURANCE ADMINISTRATION; PROVIDING FOR THE ISSUANCE OF A
PERMIT BEFORE CONSTRUCTION OR DEVELOPMENT BEGINS IN ANY AREA OF SPECIAL
FLOOD HAZARD; ESTABLISHING A VARIANCE PROCEDURE; SETTING FORTH THE
PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING FOR PENALTIES FOR
NON COMPLIANCE; AND PROVIDING FOR 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 717.
Those voting aye: Darlene Peterson
Glen Pond
Bruce Sutherland
Nyle Fullmer
Those voting nay: None
Absent: Brad Liljenquist
Farrell Young
Ordinance 717 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 Nyle Fullmer that
ordinance 717 be passed.
Those voting aye: Darlene Peterson
Glen Pond
Bruce Sutherland
Nyle Fullmer
Those voting nay: None
Absent: Brad Liljenquist
Farrell Young
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 was duly and regularly passed.
Mayor Boyle declared the motion carried.
RE: ORDINANCE 716 - CHANGING ZONING MAP - PASSED
In the last meeting we approved a zone change for Snowview Apartments
now we will have to pass the ordinance.
Ordinance 716
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 Bruce Sutherland and seconded by
Darlene Peterson 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 716.
Those voting aye: Darlene Peterson
Nyle Fullmer
Bruce Sutherland
Glen Pond
Those voting nay: none
Absent: Brad Liljenquist
FarrellYoung
Ordinance 716 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 Nyle Fullmer and seconded by Darlene Peterson that
ordinance 716 be passed.
Those voting aye: Nyle Fullmer
Bruce Sutherland
Farrell Young
Darlene Peterson
Those voting nay: none
Those absent: Farrell Young
Brad Liljenquist
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: NPR - NEW PRODUCTION REACTOR
Mayor Boyle told the council he had a copy of the NPR (New
Production Reactor). He read the environmental impact. There is a
hearing on June 17 and encourage all of us to attend.
RE: DIAL NET PHONE COMPANY
The mayor told the council we had a recommendation from Dial Net Phone
Company to change our Long Distance Calls. They have done an
evaluation and find it would be cheaper than AT & T. It would save us
$111 a month. It is a growing company. (council discussed) A motion
was made by Nyle Fullmer and seconded by Bruce Sutherland to try Dial
Net Phone Company. Those voting aye: Bruce Sutherland and Nyle
Fullmer. Those voting nay: Darlene Peterson and Glen Pond. There
being a tie the decision was left for the mayor to cast a vote. Mayor
Boyle said he had mixed emotions but felt we should try Dial Net and if
we have any problems we could terminate the contract.
RE: MOTION PASSED TO PASS THE BILLS
A motion was made by Glen Pond to pay the bill seconded by Nyle
Fullmer. All Aye.
RE: ADJOURNED TO EXECUTIVE SESSION
A motion was made by Glen Pond and seconded by Bruce Sutherland to go
into an executive session. All Aye
RE: FINES AND FORFEITS
After executive session the meeting was called to order by Mayor Boyle.
The mayor stated that the council had discussed a letter from the
attorney general regarding fines and forfeits. The mayor and council
will meet with city County Commissioners to come to anRagreement.
Meeting Adjourned.
MAYOR, NILE L. BOYLE
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ROS BAGLEY, ~ Y RK