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HomeMy WebLinkAbout1993.11.03 CITY COUNCIL MINUTES6T CI L~ i~] City Council 11/03/93 State of Idaho',I County of Madison( ss City of Rexburg) Present were tkie following: Mayor: Nile Boyle Councilman: City Clerk: Finance Officer: Attorney: Farrell Young Glen Pond Jim Flamm Bruce Sutherland Nyle Fullmer Rose Bagley Richard Horner J. D. Hancock Pledge to the i`lag. A motion was made by Nyle Fullmer and seconded by Glen Pond to approve the minutes with one correction. All Aye RE: CANVASS OF? THE VOTES First on the agenda was to canvass the votes. Rose reported on the election. A motion was made by Glen Pond and seconded by Bruce Sutherland to approve the canvass of the votes. All Aye (copy of election returns attached) Mayor Boyle was unopposed and the new councilman would be Kay Beck with the two incumbents Bruce Sutherland and G Farrell 7Coung getting re-elected. The Swimming Pool Bond was defeated. RE: OPPOSITION TO PROPOSED DEVELOPMENT ON WEST MAIN A group of citizens from West Main and the Starlite Addition were at the meeting wii~h a petition and to protest the proposed development on West Main. Christy Keller, 640 Park Street gave the council a petition signed by aboui~ 150 citizens. (on file) "We, residents of Rexburg, strongly opposes the zoning and construction of the convenience store, motel, and/or i;ruck stop at the proposed site of south West Main for the following reasons: Next to residential areas (No one wants to live next to a truck stop. Consider locating on industrial sites north or south of town.) Truck noise 24 hours a day Truck traffic 24 hours a day Precedent for :Future commercial development in this area. We urge the Mayor, the Council members, and the developer to reconsider plans for this project at this present site. Christy said we don't want this development "not in our back yard". We realize since ithis petition that this truck stop is not going in. Truck Stop or no Truck Stop, mini mall, or restraunt or what ever else the developer has in mind these people are opposed to it. The commercial area has a right to be on the north side and the south side of town where .it already has commercial and industrial property, but does not have any right abutting the residential area. Mayor Boyle reported if it materializes, it will go to a public hearing. It is just an area in the county and of course it is not zoned. The developer came to the city and asked if the city would run water and sewer to a development out there? We told him if the water and sewer are :run out there it would have to be paid for by the developer and sae had the engineer do a cost and it would cost them around $120,000 to get water and sewer that far out. The mayor only talked to the ]Real Estate agent. If the deal goes in they probably will be in to petition the city for annexation and zoning to commercial. Christy- If tha_ land is annexed, does the developer have some access to grants which would allow him to run hookups out there at a lesser rate? The mayor told her under the Economic Development under n 7~ Community Deve:Lopment Block Grants, if that developer is creating in low to moderate: income jobs, money is available with a grant to extend water and sewer. It is a matching grant, if they will guaranty twelve jobs. If they are not annexed, we could extend water and sewer to them even if they weren't annexed, however the council takes a dimmer look at that. We have talked about that we would no longer run water and sewer out to property unless it was annexed and paying city taxes. The mayor told Mrs Keller that annexation will have to take place if water and sewer is run to the property. If we had a hearing and if we told you that we had our minds made up, that would be hypocritical. Christy asked i;he council what they thought about commercial property on that end of the city? Glen Pond told them we tried with Madison County to get an Impact Zone around the cit;~. We saw very few people when we tried to get the county to inact: and help us inact the area around the city. I would hope that this would stir enough interest from enough citizens that you would start approaching the Commissioners about their concerns, because without their help sometimes our hands are tied as to what we can do. Where that property is in the county, if that motel or whatever wanted to come in, they are free to come in and do what they want. It doesn't mean we have to run sewer and water to them, but it doesn't prohibit them from putting in a well and running their own septic system. He suggested that they help the city get with the county and do some planning as to what you want to see around the peripheral of the city and what you want to see happen to the out skirts of the city as the city grows. Right now we can't comment on anything because one reason is no one has come to us to request anything, the only thing he had heard is hear eaay other than what we have heard tonight that anything is happening. He has not seen anything in writing or a formal request. Bruce Sutherland- Because the property is in .the county, we have no jurisdiction over it what so ever. Whether or not we choose to run water and sewer out there at the present time is a mute point, because if the people who own the property sell it and choose to put a business in, there is nothing we can do because it is not zoned. Christy asked 'Ls there a zone that could be placed to prohibit something such as a Truck Stop. The mayor said we are moving ahead on the Impact Zone. The way it was looked at last year is everything would be zoned as it is and if it were changed, there would have to be a hearing. Jim Flamm showed a map of the Impact Zone. Everything this side of the Highway would be within the Impact Zone. It is scheduled to be zoned Agriculture pasture and if that were zoned that way, there would have to be a zone change with a Public Hearing. What it does is prohibits a loin of change without zone changes and hearings and it gives you protection. Christy- If thEa Impact Zone does not come to be before the property closes, this deavelopment can sneak in under the wire. Isn't there something we can do? Jerry Merrill- 571 Taurus- I would like to go on record as saying. I am not necessarily opposed to the commercial development. The petition was brought to my house and he did not sign it, because there are a lot of unknowns about the particular development and I don't want to go on record as oppo:aing something that is not necessarily going to be a terrible thing,. His feeling is that right by the freeway, he didn't think people were necessarily going to want to build homes because of the noise that is already there. As you drive around the country, you see a Truck Stop that looks like a dump and you see another that is a nice looking facility. His point would be we do need to push the Impact Zone, so we have some control over development. He would not necessarily be opposed to a motel or a small mall, but he would like to see it so it iea regulated so they have to make it look nice, and have trees out on the street and landscaping. He was a little hesitant to stifle a lot of of commercial development, but by the same token we ~~ need some kind of a buffer for the people that live close to it so there is something that protects them. You could do that with fences, windbreaks or noise barriers. We need to make it look nice. The entrance there to West Main is the nicest looking entrance and we need to try to keep it that way. Ora Green 1494 West Main - We will be directly next to it. .When we signed a petitiLon we were informed that it was going to be a truck stop and I am very nnuch opposed to it. I appreciate the fact that Rexburg needs business„ I am not too much against a nice restraunt and a motel. We havE: three sources of noise, the freeway, the enlargement of the airport and chemical pollution. A truck stop would bring in a lot of transit people. She did not want the airport expanded and she did not want to be in the city. Any Impact Zone that would force them into the city she would fight against. The mayor said where the Golf Course is already annexed in the city, it could be annexed out there and still leave that one piece off. Over the last 20 years that he has been on the council and mayor, there is nothing as hard as Planning & Zoning issues. People do not want any zoning until something is close to them. The main thing on zoning is to be fair. Every property that is zoned has to be zoned so the property owner is protected and you don't take away from him the value of his property. To me next to that off ramp, would be unrealistic to zone that residential, because no one is going to build houses next to off ramp from t:he freeway. There are always two sides to zoning issues. Darlene Brown-Will there be anymore announced hearings? The mayor told her this is not: the hearing, there will be Published Public Hearings. RE: EAGLE PROJECT - PLAQUE AT SMITH PARK Jake Da Bell - 500 Edith Circle- Had a proposal for a Eagle Project. He requested permission to plan, design, and build a plaque that has outlined the history of Smith Park. He stated that he hoped the city could help pay for it. He would prefer a bronze plaque or if it was too expensive t:hey could probably go to wood or another material. Glen asked if he haci a location in mind, he did not. They are going to write up a history of the donation of Smith Park to the city. (he read the history) The mayor told him bronze plaques are really expensive, they are over $1000. The mayor asked if he had checked on prices and how much donation he would need. He had not. The council felt it would be a good idea. He would need to get with Clair Boyle for a location. Jim Flamm felt the city should help financially. The mayor said we could kielp some. RE: SAFETY CONIl~IITTEE REPORT Bart Webster was at the meeting to make a report from the Safety Committee. (copy attached) A safety meeting was on October 21. They discussed five issues. 1. Seat belt program, 2. Erickson signs, 3. Arby's intersection, 4. Center street, 5. Middle school. The Arby's intersection problem is not as crucial now that the light and bridge are in. The request for a four way stop at Center and 1st South, is the danger of accidents at that intersection but also the backing up of traffic. Taking most of the time was the Middle school concerns and recommendations. No drop off permitted from the street was recommended with the drop-off zone. The mayor asked if the painting and signing at Erickson corner had improved that :situation? A question, what will happen when the road is covered with snow. The mayor said they did put up signs this last week along the side of the street. Bruce Sutherland suggested that when school starts and gets out is when the lights will be flashing for 20 mph speed limit:. Glen Pond thanked the committee for their efforts. Jerry Merrill stated that he was coming down South 5th West and there was kids on bilges weaving down the road, which made it very dangerous. The kids were coming from Lyman. Bruce said they had not addressed that. RE: PLANNING !x ZONING REPORT Jim Flamm .gave the Planning & Zoning report. The Planning & Zoning commission wani~ to move forward on the Impact Zone. There will be a work meeting on November 18 on the Impact Zone. We have already had hearings and won't have to have another one. RE: PROBLEM W:CTH FOOD CENTER PRUNING TREES The mayor stated that there has been a problem with the Food Center pruning their i:rees. There is a State Law against that and it should be enforced. He had met with Bob and Bobbette. In the spring if those trees do not come back, they will replace the trees. We won't know until spring. The trees all up and down Main Street, were put in years ago and have not been pruned properly. We will turn it over to the commission and to make sure the trees get pruned properly every year. RE: WATER PRESSURE PROBLEMS UP IN SHERWOOD HILLS We talked last time about the water pressure problems up in Sherwood Hills. They had minimum water pressure down around 30 and the fire hydrants had no water pressure. (discussion) Bruce thought we should put the valve :Ln where we increased the water pressure in the homes that are built that are affected. The mayor stated it should be a consistent amount. Any homes that are under construction or will be built it will tie their responsible to buy the valve. Nyle Fullmer asked if we changed our water system after we told them we couldn't? The mayor said we did change it. Nyle stated when we did find that we could change the water system then we did it the best we could. Glen sa:Ld we could have done the same thing back then but did not see the need to do it. RE: MOTION PASSED TO BUY PRESSURE VALVES FOR SOME PEOPLE IN SHERWOOD HILLS The valves cosi~ about $38.00 and about 2 1/2 hours labor. A motion was made by Farrel:L Young that we buy one water reducer pressure valve for those people that have been affected with this change. Seconded by Bruce Sutherland. Those voting aye: Bruce Sutherland, Jim Flamm, Glen Pond and Farre:Ll Young. Those voting nay: Nyle Fullmer. Motion carried RE: PARKING Ilv THE TABERNACLE PARKING LOT The mayor told the council that Farrell Davidson wants to make it no parking in the Tabernacle parking lot from 2 to 7 A. M. so they can clean up the parking lot from snow. Nyle Fullmer will have the police check to how many cars are parking there. RE: AGENDA ITEMS FOR CITY COUNCIL The mayor told the council that if they have agenda items, they need to be in to Rose on the Thursday morning prior to all council meetings. RE: PROPERTY BY H & K FOR NATURE PARK DISCUSSED - STORAGE FOR WATER & PARKS DEPARTMENTS Two years ago we thought about buying the H & K property for a park. De Lynn put in his budget money to fence the property between his shop and U. S. West property for storage. The mayor told him we did not want storage thhere. DeLynn asked for the pump house back for storage if he couldn't do that. He asked the council to think about making an offer to H & K and spreading the payments out over about three years and have the water department pay part of it. The building would be good for the parks for storage. The mayor told the council he had talked to Doug Nielson about what his committee had come up with on canal safety and he will be in the council meeting in two weeks. r j ""~ t ,."`~ RE: UNFUNDED MANDATES FROM EPA, FEDERAL & STATE GOVERNMENTS - MOTION PASSED TO SUPPORT A.I.C. ACTION Jim Flamm asked the mayor to read and article about the Unfunded Mandates from EPA, Federal and State Government which comes to the cities and couxities and it necessitates large increases in our rates. AIC is asking iLf we are interested in a class action suit to put a stop on unfunded mandates from the state and Senator Kempthorn has a bill sponsored by ak~out 50 senators to stop unfunded mandates from the federal governnnent because they make rules that increase the cost of us doing business„ A motion was made by Jim Flamm to support whatever the Association of Idaho Cities does to stop the unfunded mandates. Seconded by Ny]Le Fullmer. All Aye RE: DISCUSSION OF CREATING A RECREATION DISTRICT TO GET FUNDING FOR SWIMMING POOL BOND The mayor discussed that the Swimming Pool bond was defeated. Some people felt it should be a county wide bond. There is a state statue that goes into a creation of a Recreation District which would be county wide. We would have to organize and have 20~ of the registered voters sign a petition that they wanted a recreation district and it would go back t:o a vote. This would require a simple majority vote. 65~ of kids pax-ticipating in the city recreation are from the county. A scout at the meeting suggested that during the winter it would be nice to have an indoor tennis court. (discussion) Jim Flamm suggE~sted that it should be taxed on household rather than property. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to pay the bills. Adjourn ~` Mayor, N le L. Boy `~ City Clerk, Rose agl r, ZY;~ W W I ei7 C1 C.. Ctt q X C1 Y~ L ~'. 3i c-t'~ a ~ ~x• ~l• p v xo ~ y ~ z ~r~ c -~ c ~•ar -~ ~rn d -n~~: t~rn ~ v ~ rn a z ~" ~ rn~rn ~ ' ~ i~ ~u i --+ -r r -a c~tt to i O '-1 O 1 CJ ~ Ch f7 C't ('" O O D ~ -1 ;' ~7 I --1 M C"' C ~ I -1 ' 1 v I ~ r• ~ -+cn - ~ 3 r 1 r- r~ r z rnz i r ~ rn ~ ~ o i a Oxx rrn i o tl 1 ~ rn ~m° z ~ i m C t c c i ' i rn ~-C~ o i ~ o ~ b ( O { O i I ~ I ~ i s I (7 I ~ 1 O I 7+ t i o ~ z ~ I I I I ~ f i i - ! Cli } W-~N i 'Q- N .A 1 W ~.. 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Discussed effectiveness of Erickson corner signing. 3. Watch Arby's exit during winter. No left turn? 4. Requests for four way stop at Center and 1st South. 5. Middle school concerns and recommendations 1. Post school zone signs on highway. 2. Flashing lights and 20 MPH signs when flashing. 3. Encourage school district to re-route buses off of highway and approach from 5th West. 4. Lane designations in front of school including drop-off zone. 5. Address problem of students crossing highway from the West. Possibility of a cross walk. 6. 7th South recommendations: Signs: No drop-off from street. No parking on 7th South. One-way through drop off lane. Next meeting Nov. 18 7 P.M, to include: Diagram of school ground Input from Principal Allen Dunn ,Input from Mel Dickerson