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HomeMy WebLinkAbout1991.04.17 CITY COUNCIL MINUTES~, 1 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. a~ 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 _..~- ROS BAGLEY, ~ Y RK