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HomeMy WebLinkAbout1992.04.01 CITY COUNCIL MINUTES~~ City Council 04/01/92 7:30 P. M. State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Mayor: Nile Boyle Councilman: Glen Pond Bruce Sutherland Farrell Young Brad Liljenquist Jim Flamm Nyle Fullmer City Clerk: Rose Bagley Finance Officer: Richard Horner City Attorney: J. D. Hancock John Millar representing Forsgren Associates was at the meeting. Dave Pincock representing Planning Board was at meeting. Pledge to the flag. A motion was made by Glen Pond and seconded by Brad Liljenquist to approve the minutes. All Aye RE: DISCUSSION OF PAWN BROKER LICENSE ORDINANCE Mayor Boyle read the Pawn Broker License Ordinance for the first reading. All the councilman had been mailed a copy to review. Glen Pond recommended that we have the first reading only tonight. (discussion) Jim Flamm stated that he was struggling with adding too many laws. J. D. Hancock suggested that we have Chief Siepert come to the next council meeting to explain the need for the ordinance. RE: DISCUSSION OF SIDEWALR ORDINANCE 676 SECTION III (A-FRAME SIGNS) The mayor stated that we have had some questions on the Sidewalk Ordinance 676 Section III. "It shall be unlawful to sell, display or advertise the sale of any goods, wares, merchandise, food or beverage upon or from any cart, rack, structure or vehicle situated upon any public sidewalk within the City, except as permitted by Section IV below. Some businesses wanted to use the "A Frame" signs. Bruce Sutherland stated that when the problem came up before the problem we had was people tripping over the signs and it became a liability of the city. The mayor said before we passed the ordinance, nothing was allowed along the sidewalk and then with the ordinance we said they could have merchandise as long as it was not farther that four feet from the store. David Morris was at the meeting to discuss the problem. He stated that all along the street the businesses have not put "A Frame" signs out. The business next to him, which is his competition, have put an "A Frame" sign on the sidewalk. The mayor told him that advertising is not allowed on the sidewalk according to the ordinance. Mr Morris understood the ordinance to say that they can only put the merchandise out on days set by the city. The mayor explained that anyone that puts merchandise on the sidewalk has to give us a certificate of insurance. Glen Pond stated that "A Frame" signs was one of the things we wanted to exclude because we had some problems with them with other merchants and we did the ordinance to eliminate advertising on the sidewalks. Mr Morris asked what the enforcement would be. The mayor told him we would ask them to move it and if they didn't we would give them a citation. Farrell asked about mail boxes in the middle of the sidewalks in residential areas. In the sub division ordinance it will not allow them to be put on the sidewalks. Nyle Fullmer asked how the "A Frame" is anymore dangerous than the merchandise. The mayor stated that it isn't anymore dangerous, but the way it is written "A Frames" cannot be put on the sidewalks. Glen stated that the intent of the ordinance was not the ,/~ way we wanted the advertising, the signs need to be affixed to the building. The council agreed not to make any changes. RE: PUBLIC HEARING & PASSING OF ORDINANCE 730 TO AMEND THE BUDGET (ORDINANCE 724) TO ALLOW FOR MONEY FOR AIRPORT RESURFACING & D.A.R.E. GRANT FUND 7:45 P. M. a Public Hearing to amend the budget to allow for the spending of the money for the Airport Resurfacing Fund in the amount of $190,000 and for D.A.R.E. Grant Fund in the amount of $15,000. The mayor asked for any testimony from the audience. No one was at the meeting to object. Mayor Boyle read Ordinance 730 amending the budget. AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, AMENDING ORDINANCE NO. 724, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991 AND ENDING SEPTEMBER 30, 1992: APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF REXBURG, IDAHO, IN THE SUM OF $205,000 AND PROVIDING AN EFFECTIVE DATE. A motion was made by Nyle Fullmer and seconded by Brad Liljenquist 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 730. Those voting aye: Those voting nay: Brad Liljenquist Glen Pond Farrell Young Nyle Fullmer Jim Flamm Bruce Sutherland none Ordinance 730 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 730 be passed. Those voting aye: Those voting nay: Bruce Sutherland Jim Flamm Nyle Fullmer Farrell Young Glen Pond Brad Liljenquist 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 was duly and regularly passed. Mayor Boyle declared the motion carried. RE: DISCUSSION OF REGULATIONS AT THE AIRPORT Richard Smith was at the meeting to discuss the regulations at the airport. Over the years they have had spraying operations out of the airport. They have done an excellent job of taking care of themselves and cleaning up after themselves. EPA are becoming more and more concerned about our activities. They conducted a study on the airport three or four years ago. At that time they found that there wasn't any chemical spills or any existing problems. The board in discussing this in reviewing the EPA study they decided that before we had a problem we would take action to take care of it. The board took action and required all sprayers to install containment systems for spraying operations starting in 1992. There has been no activity by sprayers to comply with the rule, even though they have talked to all of them. In reviewing the ordinances he did not see where they had the authority to impose a rule and make it stick. They would like the city council to first pass an ordinance authorizing the airport board to establish rules and regulations. Once those rules and regulations are submitted to the city council and approved by the city council they would have ~~ the effect of the city ordinance. The violation of that city ordinance would be a misdemeanor. If that is acceptable to the city council, he had a rule to read that would take care of the problem and at a later date they had some more rules for problems to add. J. D. stated that we found an ordinance creating a City/County Joint Board. He read the ordinance. (copy on file and attached). This stated that the board has the rule making authority and he suggested that they submit the rules. J. D. also stated that he would like to see a uniform system on how they are going to determine what the commercial leases are verses the private leases and present them to the council for adoption. Richard Smith stated that the EPA report showed traces of a number of chemicals. The teats were made at the well at the airport, at the well at the county, and the well at Village Green trailer park. They found traces of many of these chemicals in each one of the wells. They did not even approach any situation requiring any type of cleanup. The potential is there. They did not reach a level that would be considered toxic. The systems the board had suggested that they put in are concrete pad systems with a drain in the middle. RE: RULE REGULATING THE OPERATION OF AVIATION SPRAYING Richard read the rule they wanted to enforce: The following Rule adopted by the Rexburg-Madison County Airport Board was approved by the Rexburg City Council April 1st, 1992. Any person or business entity who shall operate an aviation spraying operation or who shall load, mix or in any manner handle any chemical or fertilizer product on the Rexburg-Madison County Airport property shall be required to install, maintain and conduct all related operations on a containment system approved by the Rexburg-Madison County Airport Board. Jim Flamm asked if there had been objections to the containment systems - if that is why they had not been installed. Richard said he didn't know of any objections. John Millar stated that the systems would cost in the neighborhood of $30,000. Nyle Fullmer stated that it would not be doing anything different than what is required nationwide. The mayor told Richard that the rules will have to be approved by the council and the commissioners. Richard stated that there is a great deal of liability for the city on all the city property. The board felt that the city would be better off controlling the airport property by setting the rules to be followed. Intermittent sprayers are allowed on the airport if they pay a fee of $15 a day to operate. The airport board decided that if a sprayer came on he would have to make an arrangement with a sprayer that had a containment or he would have to bring with him a portable containment system. The board took the position that if the system was approved by John Millar, they would go along with it. RE: MOTION PASSED TO APPROVE THE RULE REGULATING AVIATION SPRAYING A motion was made by Nyle Fullmer to approve the rule as read by Richard Smith, seconded by Bruce Sutherland. All Aye. RE: PUBLIC HEARING TO ANNEX PROPERTY NORTH OF TOWN BY WALMART STORE 8:00 P. M. Public Hearing pertaining to the annexation to the city contingent upon the sale of the property. That the property if annexed to the city will be zoned HBD, 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 the parcels from residential and industrial zoning to HBD which would permit the use of the said property as a community shopping center. This request is contingent upon the sale of the property from the Walker and Johnson families to Western Land Holdings. The property being just north of the property for Walmart and Albertson. This is for 8 1/2 acres. ~D Mayor Boyle read a letter from Steve Pruitt of Western Land Holdings. (copy attached) John Millar stated that the Planning & Zoning recommended the annexation. The mayor asked for any testimony. A motion was made by Nyle Fullmer and seconded by Jim Flamm to approve the annexation. Brad Liljenquist asked if there were any problems with getting the utilities to the property. John Millar stated that there were no problems. They will be required to pay for the water and sewer lines and to finish the road. Brad also asked if this conditional annexation was going to be a pattern we will fall into. The mayor said he could see no problem. John Millar stated that it is important to get the impact zone in because we have no control over the property unless it is in the city. Sherman Ricks was at the meeting and asked if development takes place will the road be developed on both side. The mayor stated that it will eventually be developed to 1000 north. The mayor asked for a vote on the motion. All Aye. RE: REPORT FROM PLANNING AND ZONING Jim Flamm gave a report on Planning & Zoning. He asked if a green belt was developed along the river where would we get the money. The mayor said we would need to look at a Park and Recreation Grant. RE: DISCUSSION OF ANNEXATION OF WALKER PROPERTY - VAL GROVER; & CURB AND GUTTER FROM 2ND - 3RD EAST. John Millar presented the corrected Preliminary Plat for the Walker Family with the corrections on it recommended by the Department Heads. The changes have been made. John Millar explained that phase two of the plat was not in the city. (the council reviewed the plat) Glen Pond stated he was not sure we could accept the plat unless the remainder of the property shown on the plat was annexed in the city so we would have control over it. We would have to annex it to have the access road. The council agreed with Glen. The mayor had talked to Val today and they had questions on the curb and gutter on the street that would be named Technology way and as it comes around on 3rd East. If we make the new businesses put in curb and gutter would we need to make Cal Ranch, Forsgren, John Deere, and ASCS Office put in curb and gutter as well. Bruce Sutherland felt we need to do an LID and get curb and gutter put in all the way around that street. John Millar stated that to be in compliance with the city it needed to be done. The John Deere dealer would have the larger area of property that needed to have curb and gutter. The mayor stated that it is questionable if there is much value for the John Deere dealer to put curb and gutter all around his property, it would be pretty expensive. Nyle Fullmer felt we could not let them continue to sub divide unless they comply. The original road was built with TEDRO money from the county after the flood. (discussion on the road and curb and gutter). The mayor asked how expensive it would be to put the curb and gutter and road in. John Millar said it would be expensive, but he would come up with the figures. J. D. Hancock stated that the sub division would have to be developed as the property is developed. Val Grover stated it would make it look nicer. Val told the council that when he talked to the mayor, he had indicated that he could go ahead with the building after the preliminary plat was approved. He needed to know when he could start with it. John Millar told him the final plat would not be approved for three or four weeks. Glen Pond said he thought we would need to do the annexation before the we could continue with the final plat. It would need to be re-platted, if you are only going with the part that is in the city, for the approval of the preliminary plat, if it was not annexed. ,-,, ~- Nyle Fullmer asked if there was a way to help Val start building? Planning and Zoning had suggested that he do a Lease Purchase until the plat was finished. <discussion) Dean Grover stated that they didn't realize they would have to annex the whole piece of property just to get the plat approved. Nyle asked Dave Pincock if Val did a lease purchase of the property if he would be able to get financing. Dave said he thought he would. Val said it would take a lot of legal paper work. The council felt they would like to help Val if there was a way. J. D. Hancock stated that if the bank would accept a lease purchase the city could issue a permit and then go ahead with the steps to approve the plat which would take 6 to 8 weeks. It would take longer if we annexed the property, but if it was not annexed it would still take 6 to 8 weeks. The mayor asked Val if he thought there would be a problem with the financing with a Lease Purchase. Val said it would take some paper work. The mayor told him to proceed and see if it would work. Nyle Fullmer said we don't have a choice of the matter, we are bound by our city ordinances. Val was told to proceed and see if he could get the financing and bring in a copy of the lease so he could get a building permit. The council felt we should proceed with an LID to get curb and gutter in on that street from 2nd East to 3rd East. John Millar told them the sub-division ordinance requires that as lots are developed contiguous roads have to be developed. John Millar said he would get some figures on an LID from 2nd East to 3rd East on Technology Way for the next meeting. RE: CHANGING NAME OF 4TH NORTH BETWEEN 2ND & 3RD E TO TECHNOLOGY WAY Jim Flamm reported from Planning & Zoning, there had been a request from Amdahl to change the name of 4th North between 2nd East and 3rd East to technology Way. The Walker family had no objection to that name. (discussion) A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to change 4th North between 2nd East and 3rd East to Technology Way. (Discussion) The mayor asked for a vote. Those voting aye: Nyle Fullmer, Bruce Sutherland, and Farrell Young; those voting nay: Jim Flamm, Glen Pond and Brad Liljenquist. The vote being a tie required the mayor to vote. Mayor Boyle voted to change the name to Technology Way. RE: MOTION PASSED FOR A PUBLIC HEARING FOR ZONING OF VAL DIETRICH & MORRELL/RIGBY PROPERTY. Val Dietrich had been to Planning & Zoning and requested that his property West of Park Street not be zoned. Val's property and the Morrell and Rigby property had not been zoned when it was annexed into the city. Jim Flamm said we need to act on it and do what needed to be done to get it zoned. A motion was made by Jim Flamm and and seconded by Glen Pond to set it for Public Hearing for the property to be zoned. All aye. DISCUSSION OF DUMPSTERS IN CITY PARKS & ON CITY RIGHT-OF-WAY Jim Flamm also reported that the Planning Board recommended that the dumpsters be taken off the city right-a-way and placed back on the property of the businesses and apartment complexes. The mayor asked what will the city do about the dumpsters in the parka. Glen Pond said the dumpsters at Smith Park aren't even used for the park. The public pulls their pickup up and dumps their garbage in them. The mayor stated that if we put a curb cut in you will have people driving in the park. Bruce Sutherland suggested that we remove the dumpsters and put the 90 gallon new containers in the park. They can be set in the park a little and we can wheel them out. Nyle Fullmer suggested that we go to the new containers and buy some new cane if needed and place them around the picnic shelters. Clair Boyle was at the meeting and he felt that was a good idea. We also have a problem with the trailer courts. Cameron West apartments dumpsters are always full and the garbage is ~~ always all over the ground. It was suggested that they might need another dumpster. RE: DOG ORDINANCE The mayor stated that we had a call about changing the dog ordinance from keeping the animals 72 hours to a longer period of time. The mayor felt 72 hours should be enough time. RE: GRANT FOR SENIOR CITIZENS CENTER The mayor told the council we got our grant on the Senior Citizens Center. RE: EMPLOYEE COUPONS FOR RECREATION The mayor told the council other years we have given the employees $25.00 worth of coupons to go toward recreation or golf. Some of the employees would like the amount increased. Richard stated that one swimming class costs about $22 so it only gives them enough for one class. Brad asked what the coat of living raise was and the cost of inflation is. Brad thought we should leave it at $25. Richard said it wouldn't effect the budget either way. It was decided to table it to the next meeting to give the council a chance to think about it. RE: ROSE BAGLEY NAMED AS AMERICANS WITH DISABILITIES ACT COORDINATOR The mayor stated that we got some information about the AMERICAN WITH DISABILITIES ACT. We need to start complying with all the regulations. We need to name an Americans With Disabilities Act Coordinator and send her to the meeting. He suggested that they name Rose Bagley as the coordinator. A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to name Rose as the AWDA coordinator. All Aye RE: DISCUSSION OF MILLHOLLOW ROAD RIGHT-OF-WAY & DRAINAGE PROBLEM John Millar went up on Millhollow and staked where the city right-a-way was and mayor had a lot of calla about it. The right-of-way is 60 feet. The mayor asked if we are not going to curb and gutter the street this year, how are we going to get some voluntary compliance? Glen Pond said he had a problem with it because there was a problem in putting in curbs and gutters because of the drainage problem. We were suppose to be looking for an alternative system of drainage, because if you put the curbs and gutters in you will have a tremendous rush of water. We need to resolve what we are going to do with the runoff. Jim had some questions about the road. The mayor said we have got to get the encroachment off the road before we have a serious accident like the county had. Farrell Young stated that the purpose of the stakes was just 'to show the property owners where the property line is so they can start to move their vegetation back from the road. The mayor asked the council if we should write them a letter and tell them their encroachment is out too far. John said the stakes are put where the city right-of-way is. Glen suggested that it would be good for those people to know where the curb is going to be. John Millar recommended that the street be 45 feet so their property line would be in 8 feet on each side. The mayor said the city crew could go up and put stakes in to show the 8 feet. Richard Smith - He disagreed with the curbs and gutter it will cause a drainage problem. Glen Pond said there is no place to take the water. It would force it down the hill to 2nd South. Jim Flamm said they had a problem like that on Morgan Drive. The water moves down the hill. Richard said we need to think of a long term plan to widen the street. We need to consider the safety issue. What can we do about the safety issue now, it is a great concern. The street now is 25 feet wide. He worries about the trucks going up and down the road and also worries about the people that work for him. It is an unsafe situation. When you drive down the road you have to drive down the middle of the road. Kids are rushing out of homes all the time and the shrubs make it so you can't see the kids. C2~ Nyle Fullmer said he would like to see three things done for short term: (1) Give them a time limit on when the obstruction will be moved back. (2) Put the stop sign in like we told them we would. The mayor said before you put the stop sign in, the traffic engineers say if you put a stop sign in that doesn't justify it and there is a rear end accident, you are liable. Nyle said then we had no business telling them we would put it in a year ago. Nyle asked if we could do a speed bump. (3) There have been some near misses on 2nd South and Shoshone. People have been coming down Shoshone on the One Way street. It was suggested that we need to barricade it and close it. The council agreed that we should write the homeowners a letter and give them 30 days to get the encroachment off the road. If they don't get it done then the city would do it and charge them for it. Glen Pond stated that they need to go back the 8 feet from the stakes.. Bart Webster was at the meeting. He suggested that we need to address the parking along the street. Brad Liljenquist said he would not be opposed to putting no parking along that street. Brad said we need to start with the removal of the obstacles. Brad said he had gone up and looked at it. When you go south off of the lower Millhollow and all of a sudden you have stakes that are 60 feet wide, he wondered if the road could be re-designed so it could take in some of that triangle. It would help to keep from disrupting the homeowners like Benfields as little as possible if we re-routed that just a little bit. Richard Smith said after you leave Benfields it doesn't really line up with the 60 foot right-a-way. John Millar said all they did is establish property lines. Jim Flamm stated that we need to somehow line the road up with the north end that has curb and gutter. Brad said we need to write Anderson's a letter as soon as possible and get letters to the other property owners. Nyle Fullmer felt we should barricade the one way street at Shoshone and 2nd South where they come together. Richard Smith asked about long term improvements. What we need to accomplish is to widen the road. RE: RECOMMENDATION FOR A CITIZENS ADVISORY COMMITTEE The mayor stated that after looking at the extensive work that needs to be done at the Wastewater Plant he suggested that we appoint a citizens advisory committee. He asked the council if they had any suggestions please let the mayor know. RE: AGENDAS FOR MEETINGS MUST BE MAILED OUT EARLIER The mayor told the council with the new Open Meeting Law that has been passed by the Senate and House we will have to get the agenda out quicker. It will have to be mailed out on the Thursday before council meeting. All items will have to be into the city clerk prior to that, we should not add onto the agenda. All executive meetings unless they are an emergency have to be announced to the press 24 hours in advance. RE: REQUEST TO CHANGE THE DOG ORDINANCE David Tolpi was at the meeting to discuss the Pound Law. His friend had a cat at Rigby Hall. It was picked up on Tuesday and was killed on Friday. If it had been kept a couple more days the friends parents would have been here and taken it home. He thought we needed to change our law to extend the time an animal is disposed of. The mayor said it is sad but if no one claims them we have to put them to sleep. We can't keep them all. Brad Liljenquist asked if a pet owner is that concerned he should call or go down to claim it. Nyle Fullmer told him we just can't accommodate the pets if we keep them longer. David said we should keep them at least 7 days. Brad said if we had a bigger facility and money we could extend the time. Jim Flamm said he sympathized but he should have checked on the cat. The mayor said we couldn't amend the ordinance without going through the procedure and costs. Nyle Fullmer said he would check with Animal Control about the problem and report back next council. D~ RE: INSPECTION OF POOL Brad Liljenquist reported that the Swimming Pool Committee have met and made an inspection of the pool. A motion was made by Brad Liljenquist and seconded by Nyle Fullmer to pay the bills. All Aye Clair Boyle asked if it was okay to move on with the to check for leaks in the pipes with a camera. The council told him to go ahead. A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to adjourn. All Aye Mayor, Nile Boyle ~~, ~~ City Clerk, Ro B ey 1 ~l ~/~i4litil.A-~i~.~LJ~~`~3...I .i S[•...~ ~_u. r..i.1 ~..J ~. .,i....:... ~. ti v .r .. .. k ... . .. ..__.. ..__ ^YN S.YOPN C0M 111MY, .oI.¢ 1i1o10 ~ ~ ~ ~ ~ ~~ REXBURG, IDAHO August 7, 1961. C01.1P4IS3IONER'S PROCEEllIPIGS, 'ihe honorable Board of I+ladison County Commissioners met on the Irthouse at Aug':, ?.961 at 10:00 a.m• iri regular session in the Madison County Cou Rexburg, Idaho. There were present Chairman Farrell Rock and Commissioners Lalovi Rigby and Roy Summers, also Prosecuting Attorney, Ray W. Rigby and Clerk, G. T. McKinlay. P4inutes of the previous session were read and approved. 1'he following proceedings were had to-wit: GR VEL PIT: `1'he Reid Canal Board met with tkre Commission and request fdopellildaiBriggs • which the County purchased pump vrater out of the gravel pit, Roth, into t-Pie Reid Canal. The Commission granted the Reid Canal Company ex- clv.sive rights to use the water in said gravel pit. It was agreed that any will be done under dir- excavations or installations made by the Canal Company 1961 ecfion of. the County Road Supervisor. An expiration date of November 1, J 0 was agreed upon. RWO~T-jt' After the reading of thr. following resolution it was moved by Chairman Rock, seconded !~y Commissioner' Summers and unanimously approved. Clerk McKinlay was instructed to sped the same on the minutes. JOIN'.L' RISULU'.l'IOtJ OF 'CHL" IAIIUISON COUN`T'Y COI~II~4ISSIOtdERS AND REXBURG CITY COUNCIL: r of Rexburg and Madison County do now jointly own an ir]I-IGREA.~, the City airport, and, ' ~~rll1(rREAS, it-Pladison CoantyiAirportlneeds furthereimprovementsdforethethandling that the Rexburg of air transportatxbur athathimmediatelstepsibe takeneto assuresto the14citizensoof Y and the City of Re that adequate facilities vrill be provided to meed this neeCiCoun- said County and Gity ree to and therefore the [3oard of County Commissionerso~ntMresolutionnthereby age Ci y ct o.f 'the City of Rexburg, Idaho, under this j continue to jointly own grid maintain said airport, erateoandgregulatelsa~daairportl ties, and to construct, control, equip, improve, op ose: for 'the use of the citizens of said county and city, and for that pure T3E I`1' lIL'tZEBY RESOLVED I3Y TIIE BOARD OF COUNTY COP+IMISSIONEKShis j ointOresolution, IUAIIO, ARID TIIE Cl:`.PY COUNCIL OF '1'HE CITY OF RE ofRRexburgo~ Idaho, do hereby agree to that said P+1aclison County, Idaho, and the City continue to jointly and ownlmndo e1noperateeand1regulatetjoingtlyrsaiddRexburg-Madisonres construct, control, equip, P ~ Idaho adjacent to the City of Rexburg, for County Airport located in I+ladison County, that purpose: BI: I'i FUR'i'IIER R~OLVEll, that there is torconsistaofdfiveo(5) members,oandato be Rexburg-tladison County Airport Commission, responsible to the joint bodies corporate aboveJuchtcommission, the C~tydCouncilnof Commissioner:, shall appoint two (2) members of the City of Rexburg shall appoint two (2) members of such commio~n{nthenfifth member of County Commissioners and the City Council jointly shalleaPPThe term of office is of s~rch commission who shall be know as the Member at Larg ointed of each dommissioner stral.l be for three years, and until a successor s app the said count and the and qualified; Provided, that of the first board appointed, said city shall each appoint a commissioner for a term earsnandltheeCommissioner at also each appoint a commisioner for a term of two (2) Y ointments Large shall be appointed for a term of three years; all suvacancy~ ocpuring by reason shall be for the term of three (3) years, except that any of death, resignationecomestvacantu5eAllaterms shallhcommencedon Janvarytlrandfshall member vrhose office h ointed now for terminate on January 1, except fhat for those eommissioners1963,aandafor those com- a term of one (1) yearn nted nowmforhtwo (2)lyearsntheirlterms shall expire January missionexs who are app ointed now foz a term of three (3) years, 1, 1964, and the commissioner who is app his term shall expire January 1, 1965. Such commissioners shall be residents of P~adison County and the.City of Rexburg, respectively, and members upon any of the appointive bodies shall not be.disqualified for appointment as such commissioners. iJ~~J wlAl~l~~~ ~~liti~l~~~, k i~x.~l~~~~, 1llAll~ BE IT FURTHER RESOLVED, that the following persons shall be appointed as members of said Rexburg=Madison County Airport Commission; For One (1) year terms: By the Board of County Commissioners--Keith Wilcox; and by the City Council of the City of Rexburg--Gene Shumate. For Two (2) year:a erm: By the Board of County Commissioners--Reed Peterson; and !>Y the City Council of the City of Rexburg--Bill Jackomsen. For Three (3) year term: By. both the Board of County Commissioners and the City ouncil of the City of Rexburg--Art Porter. ~ The members of the Rexburg-Madison County Airport Commission shall meet within THIRTY (30) days after the passage and approval of this joint resolution by the corporate bodies subscribi~ thereto, and shall elect one of its members as Chairman; another of its members as Secretary; and another of its members as Treasurer. In succeeding years commencing with.the year 1963, the Airport Commission shall meet and organize during the month of January in each year. The Commissiiners shall subscribe to an oath of office, and the Chairman and Treasurer shall give a bond in the sum of Five Hundred (u500.00) Dollars,, conditioned on the faithful performance of their duties as such. `1•'he cost of such bond shall be a legal charge against the Rexburg- A4adison County Airport Fund, hereinafter provided for. BE IT FURTHER RESOLVED,- that the Board of County Commissioners of Madison County, Idaho, and the City Council of the City of ReaJ~urg, Idaho, cooperating under this joint resolution, agree to acquire any necessary lands and pxemises to be used, equiped and developed as the Rexburg-P4adison County Airport, alt at t}ieir own expense; but after such acquisition of said lands, t11ey hereby delegate jurisdiction over the im- provement, equipment, maintenance and operation of said airport to the Rexburg-}•9adison County Airport Commission. Said Airport Commission shall }lave full and exclusive charge of said airport and of its improvement, equipment, maintenance and operation, and for the purpose shall from time to time adopt such rules as it deems necessary in order to carry out such authority, and it shall establish such fees and charges for the use of the same as in its judgment shall be fair and reasonable. Prov{ded, however, that all rules and regulations in connection witl- the operation of siad airport shall first have been submitted to the Board of County Commissioners and the City Council joining in this resolution and by t}~em approved. All expenses in- curred by member of said Airport Commission in the furtherance of their duties, as hereinbefore set forth, shall be a charge against the Rexburg-Madison County Airport end, which is created by this Joint Resolution. BE IT FURTHER RESOLVED, that the Board of County Commissioners of Madison County, 3aho, and the City Council of the City of Rexburg, Idaho; hereby grant to the Rexburg- 14adison County Airport Commission authority to enter into any contract necessary for the execution of the power granted it under this Joint Resolution, and said Rexbprg- Madison County Airport Commission is hereby authorized to accept, received, receipt for, disburse and expend federal and state money and other monies public or provate, made available by grant or loand, or both, to accomplish, in whole or in part an of the purposes delegated to said Commission by this Joint Resolution, all as~pro vided by the laws of the State of Idaho, and all powers hereby granted shall be exercised in strict conformity therewith and shall also be subject to any federal regulations and laws prescribed by the United States of America. BE IT FURTHER RESOLVED, that there is hereby created the Rexburg-Madison County Airport Fund, which shall be a joint fund intb which DZadison Coi;nty and the City of I2exburq shall deposit their respective shares in accordance with this Joint Resolution of the funds hereinafter mentioned. All disbursements from such Rexburg-Madison County Airport Fund shall be made by order of the Airport Commission by check drawn against said Fund, signed by the Chairman of the Airport Commission, and by the treasurer thereof. For the purpose of establishing a fund of sufficient size to enable the Airport Commission to carry out its function, as hereinbefore outlined; IT IS FURTHER RESOLVED, that a levy of one (1) mill on the dollar of the taxable value of the property of Madison Count, Idaho, shall be levied by the Board of County Commissioners for the fiscal years of 1961 and 1962, and that beginning with the fiscal year 1963 mill levies of equal amounts shall be levied by the Board of County Com- missioners on the taxable value of the property of Madison County, Idaho, and the ~`;* Council on the taxable value of the property of the City of Rexburr~, as needed -h additional year, in order to construct, equip;: improve, operate and maintain id Rexburg-Madison County Airport, and that all receipts from such levies, together .h X11 licenses, leases, fees, rebates on gasoline sales, and other such monies ~ident to operation of said airport, shall be deposited to the credit of the ..~.xuurg-Madison County Airport Fund. BE IT FURTHER RESOLVED, that the Airport Commission may act as agent for the receipt of funds under any Federal Aid Airport project and may act as such agent for one or either of the municipalities signing this resolution. 'Phe Commission may further aot as agent in dealing with the Federal Government, jointly or separately for the municipalities concerned in any other manner not inconsistent with law or with Federal rules or regulations. i ~ L1V1~111111,J~J1Vl~.ulti~~ litAlV v .> __„_. em.c mom .. _.__ _....... ....; . .. . tY4e.Y OAK OO M.•NY. ~~ ~~ ~ ~ " BE IT FURTI}ER RESOLVED, that notwithstanding anything to the contrary con- twined in this resolution, either of the municipalities herein concerned may enter into a Grant Agreement with the United States relative to an airport pro- ject and thos municipalities concerned in this resolution which do not wish to contribute to or enter into such project, shall have no con~tfoliouer and no interest whatsoever in said project-. ~.~Furthermore, this resolution shall at all times be subordinate to any agreements which either of the municipalities concerned herein may enter into with the United States concerning airport development. BE IT FURI'HGR 12ESOLVEll, that the corporate bodies reserve the right to amend this Joint Resolution and agreement at any time upon joint action of both of said corporate bodies, but it is expressly stipulated that no amendment shall be made which will violate or impair any existing contractual obligation of the Airport Commission legally entered into under the provisions of this Joint Reso- lution. PASSL'll BY the Board of County Commissioners of i+Iadison County in regular session assembled this 7th day of August, 1961. Chairman ATTES'C; (County Seal.) , ~~~'`~ ' ~ Coun y Clerl: and 2eco der PASSED BY the City Council of the City of Rexburg and approved by the Idayor this day of 1961. PQa o ATTES'1': (City Seal) City Cler1- COUNTY LEVIES: I~4adison County levies were set as follows: ~~ Current Expense 1.22 Road & Bridge •`~2 .. Co-op Road .5U Charity .20 ~^leed Fund .10 County Building Fund U5 Revaluation 3.0- 9 Bond Interest & Sinking :00 Fair Board. Veterans .05_ TOTAL 3.39 120AU: The County Commission met with the State Hig hway Officials and Henry Meyers regarding the right--of-way of the approach of the Plano road to the Sage Junction Road west of the new bridge. The Commission visited the steel bridge across the Teton River on the County line between Fremont and tdadison Counties and reported that the project is well ahead of schedule. ME E'1' ING This meeting was declared the official meeting for August due to the Convention being held next ~•reek. 120ADS '1'kte Commission met with Ilugh Sorensen and Iiorton Row. to find a suitable approach to the Sage Junction Road for the Butte blenan Area. It was agreed to have ,-, ~`c ,~ ; N WESTERN LAND HOLDINGS P.O. Box 211086 Salt Lake City, Utah 84121 801-572-4441 Mrs. Rose Bagley City of Rexburg 12 North Center Rexburg, Idaho 83440 Re: Annexation/Zoning Dear Rose: I am enclosing an application for the balance of the Keith and Char immediately north and adjacent to been annexed and zoned. We would conditional annexation and zoning Regards .. Steve Pruitt enclosure: Application I February 17, 1992 the annexation and zoning of Lotte Walker property located the property which has already like to obtain the same as with the previous property. REQUEST & APPLICATION FOR ANNEXATION W~est~~ ci o ldi n s Applicant: 0 ~~~ 2l ~ OgFj Telephone: Address: ~~--c L~-eE C ~-cv. UT, g~ i2 i tTl-1 1q-i~~ ~~? ~ ntTi ~~~J~~K~. Recorded Owner of Property:-_ Telephone: Address: Legal Description of Property. (Attach) Has legal description been verified by County Assessor or a title company? Yes No Attach. Copy of Survey or Property. ( ) `. Ia this land adjacent of contiguous existing city boundaries? 1 Yes~_ No Approximate size of tract (acreage): i Zoning Requested: ert under o tion or contract of sale to any other person ~ ~• Is prop Y p or entity? Yes No~_ • If so, vrho? Name: • Telephone: Address: ~` ", 1 ' \, ~ Keith & Charlotte Walker Rexburg, Idaho A part of the Northwest quarter of Section 20, T6N, R40E, Boise Base & Meridian, Rexburg, Idaho, beginning at a point on the East line of Highway 33 which is South 0*14'15" East 624.00 feet along the section line, and North 89*41'33" East 50.00 feet from the Northwest corner of said Section 20, and running thence South 0*14'15" East 170.0 feet along said East line; thence North 89*31'43" East 990.0 feet; thence South 0*14'15" East 200.0 feet; thence North 89*31'43" East 330.0 feet; thence North 0*14'15" East 370.0 feet; thence North 89*31'43" West 1320.0 feet to the East line of said Highway 33 to the point of ueginning. 1 A • a .A w C7 ~ < _-i '"~ ~ y ~ ~ ~ ~ Q 0 ~ ~ ~ ~ -~ 0 o a n o o • .., = z w w ~ ~• o- ~ m ~ w p o ~ cu ~ z rt rt~ G rt ~; ~ ~ ~"~ S m w n ~, z ~ ~ m ~.~ o ~ ~ o r r ~ oao o oo ~ ~ e g ~a'n'~ . 3 r~ a ~ • rt ~ °' wwo c . c~ ~ ~ N ~ ~ N -r O N N rt i ~ m ~ r• ~ ~ ~ rt rt ~ ~ ~ •-' N o cD a rt o m ~ ~ rt O ~ x z C!1 o ~ ~ v N O z ~ ~ ~ ~ ~ N C~ G H ~ (D rt O rt ~ (D Q. N• (D d G W O z n ~ a' a ~ m ~' w o , .. . `~ ~ ~ b o w ~ _ o ~ o .« ro-n O i-~ rn G o ¢. -• , ~ Q' F~ ~ z G" N G ~ pip ~- C~ ~ O a' ~ O w t-~ N rt p u~m G'N N p ... ~ ~• ~ w ~ o h ~, w 3 ` ° o o c o - m rn p - ci .. -1 o w ~, r, m n. a rnrt,ort .N o rnN ~~ ~ ~ cn ao -~ m ~ ~' ~ m ~ ~. o rt ~ ~ ~ D ~ ~ ~ C w ~ G bd f O ft .~ (D ~ ~ ffl y ~ 7 ~ ~ ~ ~ ~ o m of z o ~ ~ a v, n co w O rt ti rt ~ ~ ' GZ. N rt ~ ~ µ. (D G O i m ; a c , m f]. a c j'~ WESTERN LAND HOLDINGS P.O. BOX 21 1086 SALT LAKE CITY, UTAH 84121 801-572-4441 Members of the City Council City of Rexburg 12 North Center Rexburg, Idaho 83440 Re: Annexation/Zoning 1 Dear Ladies and Gentlemen: March 31, 1992 We regret that we have had some unforeseen last minute scheduling problems and that none of the principals were able to attend your meeting this evening with regard to the conditional annexation and zoning of the property for which we have made our request. With regard to our request, it is our intent to utilize approximately three acres of the total property for which we have made our request for the development of a retail center that will tie in to the shopping center to be developed to the south and anchored by Wal-Mart and Albertson's. Our request, as a conditional request, will only become effective upon our closing and taking title. to the property. This is the same type of structured request which you have previously approved. Upon approval, we will proceed with our planning for the property and will be submitting preliminary site and development plans. At the present time, we are projecting the development of approximately 20,000 square feet of space that will have a 12,000 square foot mini-arichcr with the remainder divided in-co three or four in-line shops together with a free-standing retail pad. We are hopeful that you will approve our request as we would like to proceed with the development of this property so that the tenants who will be leasing space to be open for business this Christmas. We appreciate your consideration of this matter. Regards, Steve Pruitt vJ ~'