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HomeMy WebLinkAbout1991.10.02 CITY COUNCIL MINUTESCity Council 10/2/91 7:30 P. M. State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Mayor: Nile Boyle Councilmembers: Glen Pond Darlene Petersen Nyle Fullmer Bruce Sutherland Farrell Young Brad Liljenquist City Clerk: Rose Bagley Attorney: J D. Hancock Treasurer: Richard Horner Planning & Zoning Members: Jim Long Mary Ann Mounts Pledge to the flag. A motion was made by Bruce Sutherland and seconded by Darlene Petersen to approve the minutes. All Aye RE: THIRD READING & DISCUSSION OF THE NEW ZONING ORDINANCE - #725 Third Reading on zoning ordinance, ORDINANCE NUMBER 725 AN ORDINANCE REPEALING ORDINANCES NO. 478 AND 685, ORDINANCES OF THE CITY OF REXBURG, IDAHO; ENACTING A ZONING ORDINANCE FOR THE CITY OF REXBURG, DIVIDING THE CITY INTO DISTRICTS IN ACCORDANCE WITH THE REVISED COMPREHENSIVE PLAN; REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, SIZE OF BUILDINGS AND OTHER STRUCTURES AND OBJECTS, THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED BY STRUCTURES, THE SITE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, COMMERCE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE: PROVIDING FOR EFFECTIVE DATE OF ORDINANCE. Mayor Boyle read from the Planning & Zoning minutes the changes they had recommended: (1) changed the length of time R. V's could be parked in the front yard from 7 days to 16 days. (2) definition of a R. V. "Recreational vehicles may include but are not limited to motor homes, converted busses, camping and travel trailers, light-duty trailers and transporter, horse and cattle trailers, rafts, boats and their trailers." Roger Sullivan - 105 Crestview Drive- He has an R. V. and parks it at his home. He is upset because people find his R. V. offensive. The church says we are suppose to get an emergency kit and we use this for an emergency. He did not appreciate the majority telling the minority what to do. He feels that it is unreasonable. Do we all want to be that much alike. We have a lot more real problems that are worse looking than R. V's parked. Rexburg doesn't need more laws, we just need to obey the laws we have. Brad Liljenquist asked him if his R. V. is parked at the side of his house. He said it was. Brad told him he would have no problem. Bruce Sutherland told him the old ordinance is more restrictive than the new one. The ordinance is to protect everyone even you. Mayor Boyle told Mr Sullivan that we do try to enforce the ordinances. Mayor Boyle said the old ordinance is worse than the new one. With the new ordinance you will be able to leave your R. V. parked in front about all season and move it in the winter. Calvin Whatcott - He asked what the ordinance said now. Nile read from the ordinance that it could be parked for 16 days. Mr Whatcot said that is not a full season. The mayor said most people use it every three or four weeks. Mr Whatcot was concerned that it is too restrictive on the number of days and he did not agree with that. He had changed the wording (passing out a copy). He suggested that Planning & Zoning take time to consider it. He did not think the present ordinance allowed enough freedom. Brian Niederer- 476 Reed Street - He asked what it would do to people who live on a corner lot and don't have a side yard. The mayor told him he could put it back even with the house if visible it is okay. Alan Miller - 5 South 3rd East - question on page 56 about violations. J. D. Hancock explained. Nyle Fullmer said the council is more than reasonable. Mayor Boyle explained about the boat that is parked in the circular drive on West Main that had been referred to. He explained that if it is behind the set back it should be okay. Leo Heer asked about the front yard. Jim Long explained that they had been in agreement that they could be behind the set back line. The line is set by the prevailing houses. Mary Ann Mounts thought the feeling had been it should not be in the front yard at all. The mayor suggested that the word minimum front yard be used. Page 19 gives the required front yard as 25 feet. Jim Long asked if we have a fence where are we going to establish the set back? Lots of times there are decks, screens and things in the front yards because they are behind the set back line. Then R. V.'s become the same thing as a structure and if you are going to allow them to have a structure in a given space it seems that the R. V. would be legitimate there unless you say no R. V's in the front yard no matter what. He was not sure that was the direction the P & Z was headed in. If he had enough room in the front yard he could landscape so you could not even see the R. V. A discussion on the penalty. Bruce Sutherland stated that we need to leave it as it is and at the desecration of the council because there are some things that need to be stopped immediately. Nyle Fullmer stated that he would lean toward Mr Whatcott's solution. On the R. V. issue we are coming close to leaning on personal property rights. Brad Liljenquist stated that we need to leave the ordinance the way it is if the intent is to get R. V.'s out of the front yard. Calvin Whatcott - has a problem with the cement in the front yard. We need enough concrete to be able to pull R. V.'s in and out of our yard. Why not write the ordinance so it can be enforced. Jim Long said it could be done with a site review. Michael Tatum - If a relative comes and stays 20 days. If they drive around the block, who is to verify they were moved. Bruce Sutherland said if someone complains then he will have to prove it. He asked about the violations and the 30 days to comply. Bruce said it would be at the discretion of the council. Michael said it sounded like discrimination. Vern Young - 167 North 3rd West - Is there anyway to repeal the old ordinance. Bruce told him that is what this ordinance does. Couldn't the nuisance ordinance take care of the R. V.'s. The mayor said this would not be covered under that ordinance. Mr Whatcott - asked if we would have to hire a zoning administration and have to pay another person. Beth Reese - 258 Harvard - asked about the definition of a family and regulating the two family dwelling unit. Jim told her it would be controlled by the parking ordinance. RE: MOTION PASSED TO ADOPT ORDINANCE #725 - NEW ZONING ORDINANCE _;~.~ A motion was made by Bruce Sutherland and seconded by Brad Liljenquist to adopt ordinance 725 as is with the changes from last week but with no changes tonight. Those voting aye: Brad Liljenquist Nyle Fullmer Darlene Petersen Bruce Sutherland Glen Pond Those voting nay: Farrell Young The roll showed the majority of 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. A motion was made by Nyle Fullmer and seconded by Brad Liljenquist that the ordinance be published by summary All Aye ~ ~' ~ RE: DISCUSSION OF THE L.I.D. FOR CRESTHAVEN Brad Liljenquist asked to discuss the LID for the Cresthaven Subdivision. They had discussed that the curbs and gutters and some of the roads are deteriorating in Cresthaven and decided to go with an LID. We got to the point of proceeding with the project and some response from some of the neighbors who decided they did not want to proceed. Brad had called as many neighbors as he could and asked them to come. Joseph and Lonnie West were at the meeting. They were concerned that it would not solve the problem. If the city is going to do it do it right. The mayor stated that Rich Woodland wanted to excavate clear to the bed rock. If they want to do it they can do it on their own. If the city does it they would have to raise the price to home owners. It would take the whole budget for two years. We would not be able to guarantee that we could do it next year. There would be a lot of streets that might need repair worse. Roger Sullivan stated that it is really too late in the season to start the project now. Mr & Mrs West said they are against a second rate job. They would only pay for it once. The mayor said we had only let the bid for the storm drain and could leave the rest until spring like we have Cornell. We could do some patching now. The mayor said the original bid was too high and they wouldn't accept that one. John Millar asked Don Hammer if he could do it and he bid it at a little more than the engineer's estimate. Mrs West was concerned if they would dig it all out and not be able to finish it because of bad weather. Mayor Boyle told them if they want to do it themselves we would drop it off the LID. Unless we hear otherwise we won't do it this fall. RE: MOTION TO ACCEPT BID FROM WEST ONE FOR GARBAGE TRUCK & CONTAINERS The best interest rate we got for the garbage truck and the containers was West One Bank at 6.57 ~. It would take four payments the total is $223,425. A motion was made by Darlene Petersen and seconded by Nyle Fullmer to accept the bid. All Aye. RE: CODIFIED ORDINANCE BOOK The mayor told the council we have the Codified Ordinance Books, and asked if any of the council would like copies of them. Six copies would cost $158. Nyle and Brad said they would like them and would be willing to pay for them. They would contact the clerk. If the city buys them there should be a stipulation that they give them back at the end of their term. RE: APPROVAL GIVEN FOR NEW TRUCK & BACKHOE FOR WATER DEPARTMENT We had some items on the budget that were approved for the water department, but anything over $10,000 would require council approval. The water department would like to purchase a pickup and backhoe. Richard said they were going to work up a rotation plan for vehicles. Bruce Sutherland made a motion to approve the purchase on completion of the rotation schedule. Seconded by Nyle Fullmer. All Aye RE: DISCUSSION OF PLACEMENT OF GARBAGE CONTAINERS The mayor said we had a person calling about the garbage containers and dumpsters that are allowed to be in the set backs. We talked about it at the Planning & Zoning. We decided to put it in the garbage ordinance. Jim Long wondered if they would fit in the nuisance ordinance. Bruce Sutherland said we need them located so they can dump them. The mayor said he would talk to Vern Winters and have him give us a list of the problem ones and we will do something about them. RE: ADOPTING OF ALCOHOL & SUBSTANCE ABUSE POLICY Mayor introduced the resolution on Alcohol and Substance Abuse Policy, 91-6. All councilmembers have had a copy to review. It would be incorporated into the employee manual. A motion was made by Farrell Young to adopt it as written. Seconded by Bruce Sutherland. All Aye. RE: COUPON SALES BY DAIRY QUEEN We have had a problem with coupon sales by Dairy Queen. She didn't object to them coming around selling them but they were rude. She wondered if our ordinance covered this type of sales. Dairy Queen has a business license but would that allow this type of sales or would they fall under the other ordinance for door to door sales. The attorney said they would need to go under the door to door sales ordinance. The clerk would notify them. RE: CARPORT BUILT BY MELVIN RUDD The mayor reported that the Planning and Zoning had reviewed the carport built by Melvin Rudd and recommended that it be torn down or changed to not be built out farther than the set back and because it had been checked and okayed by the building inspector there would be a liability on the part of the city. A motion was made by Nyle Fullmer to follow the recommendation of Planning & Zoning. Seconded by Darlene Petersen. All Aye. The mayor said he would have the building inspector check it and make a reasonable quote. The mayor and council thanked the Planning & Zoning for all the work they had done on the Zoning Ordinance. A motion was made by Nyle Fullmer and seconded by Farrell Young to pay the bills. All Aye The mayor told the council that after we adjourn, we need to go into a work session. The city council approved the list designating election judges and clerks for the November 5 election. Meeting adjourned. Nile L. Boyle, Ma r Rose Bagley, y rk