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HomeMy WebLinkAbout1994.01.19 CITY COUNCIL MINUTES~3 1 r' L City Council 1/19/94 7:00 P. M. State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Mayor: Councilmembers: Excused: City Clerk: Attorney: Finance Officer: Engineer: Nile Boyle Farrell Young Nyle Fullmer Glen Pond Kay Beck Jim Flamm Bruce Sutherland Rose Bagley J. D. Hancock Richard Horner Joe Laird Pledge to the flag. A motion was made by Farrell Young and seconded by Kay Beck to approve the minutes. All Aye Introduction of the scouts. RE: ORDINANCE 754 PASSED - LAND EXCHANGE ON THE WALTERS READY MIX PROPERTY Mayor Boyle read Ordinance 754 for a land exchange on the Walters property. After the ordinance is passed it will be 60 days before the transaction can take place. AN ORDINANCE EXPRESSING THE INTENTION OF THE CITY OF REXBURG TO EXCHANGE CERTAIN REAL PROPERTY HEREINAFTER FULLY DESCRIBED AT TRACT NO. 1, BELONGING TO THE CITY OF REXBURG AND WHICH HAS CEASED TO BE USED FOR PUBLIC PURPOSES, FOR CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED AS TRACT NO. 2: PROVIDING THAT NOTICE OF SUCH INTENTION TO EXCHANGE BE GIVEN AND THAT NO EXCHANGE OCCUR UNTIL SIXTY DAYS HAVE EXPIRED FROM THE DATE AND PASSAGE OF THIS ORDINANCE, AS HEREINAFTER FULLY SET FORTH; PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE. A motion was made by councilman Glen Pond 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 754. Those voting aye: Glen Pond Nyle Fullmer Kay Beck Farrell Young Those voting nay: none Ordinance 754 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 Glen Pond that ordinance 754 be passed. Those voting aye: Glen Pond Nyle Fullmer Kay Beck Farrell Young Those voting nay: 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: REPORT FROM THE MADISON COUNTY COORDINATION COMMITTEE ON THE LAND FILL AND TRANSFER STATION ~~ The mayor reported that last week at the Madison County Coordination Committee, they talked about the landfill and different things on how we want to pick up garbage and how they want to fund that. Some of the things would impact the city in the way that it is done. One way they are looking at doing the landfill when they get the transfer station done is to weigh every truck and have a tipping fee at the transfer station. The county assessed a $100 per house and per apartment to take care of the landfill cost because they are going to go up. If they do the tipping fee, it will transfer some of the costs back to the city and would increase the city's coat by far. Now we pick up the garbage and take it out and empty it and are not charged anything. If they do a tipping fee we would more than double the pick up fees for garbage in the city. The commissioners are wide open for suggestion on how to run the transfer station. They have put in for a six month extension that they can use the landfill until April. Now they are putting in for another one. One of the rules from E.P.A. for small counties, is if they don't have more than 22 ton, they can continue to use their landfill up until October. The county has applied and told them they would like to keep their landfill open and won't put more than 22 tons of garbage in it, so when they put the 22 tons in they would start hauling it to Bonneville County or Jefferson County. That would make the cost cheaper for another six months. RE: DISCUSSION OF STOP SIGN AT THE RAILROAD CROSSING AT WEST 2ND SOUTH Nile read a letter from the Transportation Department. They have had a field review on the 49 crossings in Idaho and on the 1994 priority list. The one on West 2nd South rates 8th in the state, which revealed flashing lights and concrete planking to be installed. This project is in the project development program for construction in 1998. The crossing on 2nd North is scheduled for construction in 1999. RE: CONCERN EXPRESSED ABOUT CARS JUMPING TRACKS ON WEST 2ND SOUTH Peggy Jeppesen - 349 West 2nd South- 1998 is to long and we might lose some children before that. Their main concern is there are cars jumping the track. She was not sure a stop sign would stop cars from jumping the tracks, especially at 2:00 A.M. in the morning, however it might help slow them down. These cars land close to their mail box and they are afraid they will roll out of control and roll into their driveway or into their lawn and hit a few kids when they land. There have been crowds of people, their friends, there to cheer them on. They even video tape their friends. We have had conversations with these people and begged them not to do this. We have small children in our neighborhood. We have had the police involved on numerous occasions. We have a video camera and have taken a video and have it to show the council. We are very frightened that someone will get hurt. The video shows cars with all four wheels in the air. They find hub caps and mufflers in their driveway. Their main concern is the small children. (showing a map of the area) The road is traveled every day by children going to school. They have a handicapped child in the neighborhood, who takes a long time to cross the street. If a car is going 50 mph and jumps the track they can't see a small child. The swimming pool is right down the street. The visibility is bad. The mayor asked Kay Beck to put in the agenda for the Traffic Safety Committee to review and make a recommendation. There has been two car-train accidents at that crossing in the last two years. (showing a video and explaining it) Peggy asked the council to do something before it takes a child's life. It was suggested that a speed bump might work. Gil Shirley stated the problem with a stop sign, in the winter you can't get going. The Safety Committee will check it out and see what can be done. RE: PUBLIC HEARING FOR ANNEXATION OF PROPERTY ON WEST MAIN 8:00 P. M. Public Hearing pertaining to the annexation to the city and 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 property is located on the West end of Main Street on the south side of the road just east of the freeway, ae described in the notice (on file) The mayor declared the hearing open. It was recommended by the Planning & Zoning the property be annexed with the stipulation that an Annexation Agreement be drawn up by our city engineer. He asked for any testimony. Judy Davis, Century 21, 305 West Main. She is working with the people purchasing the property. There was a lot of misinformation that went out to the neighbors that were involved. There was a petition that was circulated. The paper quoted that there would be a truck stop, with no mention of a motel. There was very little public input at the Planning & Zoning Public Hearing. They are purposing building a motel on the property right now, which will be a Comfort Inn. It will be between 50 and 60 rooms, with an enclosed swimming pool and a meeting room which will be available for the people in the community. The application they made to the city specifically excluded a Truck Stop. That will be put in the Annexation Agreement. The only thing they are requesting right now is to put in the motel complex on three acres of the property. They will be trying to market the extra ground hopefully to a full service restraunt. The cost of the project will be right around 1.7 million dollars. Nyle Fullmer stated with the calls he had received, the biggest concern is if we rezone it to HBD, how is it going to affect the open Real Estate to the east, like the Lauder property and Thueson property that has already been turned down to zone commercial? They are concerned that it will open a can of worms or it is start a precedent and change it to commercial. The Burtons are in favor of getting it changed. The mayor stated, that property is quite far away and he did not feel it would change. Under the zoning, you have to allow the property owner some use of their land and that land will not be good for residential. Ina Snell- 32 East Sunset- She is concerned about having commercial zoning moving closer to them, for fear that eventually it will gradually creep up on them and they want to stay in that area. The council asked how many feet deep the property is? Judy said it was about 600 feet. Farrell asked about the concern that Ora Green had about being in the city. J. D. Hancock told him in October of 1964 Ordinance 445 1/2 was passed and their property was annexed to the city. It was annexed clear to the edge of this property. Our map needs to be corrected. Ina Snell asked if they will put city services out there and will the company pay for the services. The mayor told her to run the water and sewer to the property they would need a 6" line, and they would pay for a 6" line. The city would require them to put in a 12" line, so in the future we won't have to put in a larger line. The city will pay for the difference in the cost of the pipe between the 6" and 12" inch line. A motion was made by Glen Pond to accept the recommendation from the Planning and Zoning that it be annexed to the city and be zoned HBD with a pre-annexation agreement. Seconded by Nyle Fullmer. All Aye RE: PRESENTATION ABOUT THE CHILDREN MEMORIAL FOUNDATION The Children Memorial Foundation-Marilyn Thomason and Lolita Shirley were at the meeting to give a presentation. Marilyn explained that they had presented to the mayor their By-Laws and the Articles of Corporation to establish a foundation for victims of violent crime. The mayor stated that he reviewed everything and the legal things look good. The mayor asked the council if they had read about it in the paper. (copy of paper article attached) Mrs Thomason read explaining the foundation. They want to work with the city and would like to have input from the council. She stated that Jim Ross a regional engineer with the Department of Transportation is working with us to find the best areas to plant trees. They have to go through the Highway Department and Legislature to see if the can have highway signs put up indicating Children Memorial Foundation. The council felt it was a good ,> ._.~ program and if there is anything they can do to help support it let them know. RE: DISCUSSION OF SNOW REMOVAL BY C & S BODY SHOP Gary Lewis was at the meeting to discuss snow removal. He wanted to see if he could get the snow moved to the middle of the street rather in front of his door. The mayor told him, in the past they have used the railroad tracks as a cut off for moving the snow to the center of the road. Through the main business district and to the railroad tracks they plow to the middle and then they haul it off. Mr Lewis would like us to go to the next corner and then stop. He said it would be better, if they roll it over early in the morning on a week day, in the next morning it is a nightmare. Kay Beck stated he checked to see why the railroad track was the cut off and no one knew unless it was for convenience because it was too much trouble to stop at the intersection because it was a busy intersection and they went on down and ended up going to the track. Mr Lewis said he was concerned about the snow being pushed onto the drain and plugging it. The mayor said it is financially impossible to plow all of the snow to the center and haul it off. The mayor stated since Gary built on, he has a lot of frontage. Kay stated there is an ordinance against pushing snow back out into the road. Gary said the problem he has is the snow the city pushes over on top of him. He does not have any problem moving the snow, but if his crew gets there before the city, then he has another big load in front of him and has no one to move it. The mayor agreed that on a wide street like main street, a lot of snow comes over to the side of the road. Gary said all the snow he has, he moves to the back of his yard, but then he has to deal with what the city pushes over on top of him. Kay asked if they are putting the snow there a little late for him to move it? Gary answered yes that was the problem and then he had to stumble over it at 8:00 A.M. and try to run a business. The mayor asked Kay to check on it. Kay asked if the city would do it earlier if that would help? Gary said if they would push it to the center it would be what he would like, but at least send a truck over to haul the snow away from the drain so it will work. (discussion) Kay told him the reason the city hauls the snow from the business area is to make traffic flow better. Nyle asked if on 2nd West, do we haul the snow? The mayor told him the only place we haul it is in the business district on Main Street because of the traffic and businesses. Farrell reminded the council we had the same problem last year on 2nd East. Kay said we still are not hauling snow from that area, except to clean the drains. Gary said the drain by his place is really bad. Kay said he and Farrell Davidson would look at it. Glen suggested that Joe should look at it too and maybe he can give us some ideas on how to keep that drain cleared and get the water flowing. Nyle said he has two driveways at his business and has the same thing to deal with. They move his snow before he opens, but we do need to keep the drain open, but all the businesses on 2nd West and other areas in the city has to plow their snow out. Kay told him the city needs Gary's cooperation, because if they are pushing the snow over and he is pushing it back in the street, we are not solving the problem. RE: EXPLANATION OF AN "EVIOROTHON" PLANNED BY THE IDAHO ASSOCIATION OF SOIL CONSERVATION Jerry Jeppesen was at the meeting to explain and show a video about something the Idaho Association of Soil Conservation has planned, which is an Eviorothon. (handout on file) In 1990 the Conservation Districts in the State of Idaho got involved in an Education program known as the Enviorothon. We sent a team back to Pennsylvania to a competition which includes high school students from all the United States. There are 52 districts in the State of Idaho. It is competition where students come and participate in a natural resource type competition where they deal with soils, water, forestry, and wild life. In 1990 we sent people back to look at it and in 1991 we did send a partial team back that did compete. In 1993 we sent a team from Mud Lake that competed in the National Competition that did come in 4th place out of 21 different states that competed back in the State of New York. They are proposing to the City Council that they are implementing this program through the State of Idaho through high schools. They have put in a bid to have the national Enviorothon competition here in -~~ i Rexburg in 1995 and are working toward that. His proposal tonight is to give the council a brief understanding of what that competition is, because these students may be coming here in 1995. They will be competing here for about a week and it will be during the same time as the Dance Festival. (video) They are looking at accumulating about $100,000 to put it together and are are expecting about 400 people. They will be housed at Ricks College. We also want to take them to the Nature Park. They would like to teach the students good sound science behind the environment rather the emotionalism that usually comes out of it. The council thanked Jerry. A motion was made by Glen Pond and seconded by Nyle Fullmer to pay the bills. All Aye RE: DISCUSSION OF SNOW REMOVAL Kay Beck discussed Snow Removal. He always thought that the snow on the road in front of you property was your snow, not the city's snow. The council felt that we have a responsibility to keep the drain open. RE: PROBLEM AT THE VALLEY MEDICAL SHOPPE DISCUSSED The mayor discussed the problem at the Valley Medical Shoppe. Do we want to proceed to see if there are other options for the basement. Glen stated based on what he could see from the plans, unless the plans can be changed for the egress out of the basement, we need to get a water line over there so they can put the sprinkler system in and get it to code. Nyle recommended to see if there is anyway they could change one of the windows we looked at and see if they are willing to take some consideration that way. He is in favor of the city paying for it. The mayor stated if you run the line across the street, you are looking at $10,000 to $15,000. Kay asked if extending the window would do it, even though you would loose a parking place, because if you put in a stairway, you would loose a parking place. The council agreed that we could loose a parking place rather than go across the street with the water line, if it is a feasible option. We can make an exception of the parking regulation to comply with the U.B.C, if it will work. It will be a problem to dig up the road. Meeting adjourned. Mayor, N le L. Boyle City Clerk, Rose ag y `1 ' . • Rexbur faur~~at~on or an ~zes g g . ize Iai n h i ~d ren to memorial s c By Terri Cassell memorial book and the group hopes media policy. They will author the Staff Writer to plant a Mate grove of trees in the coloring book and comic strip the children's memory. From 1994 on, group plans to publish under the A Rexburg woman is leading a the goal is to plant a tree in memory Play Safe title. group that hopes. to plant trees of each child killed by violence. All the people involved in the across the country next Memorial "It's a gentle reminder that ou: foundation .are volunteers and do - Day in the nnemory of child victims most precious resource is our not get paid for their work. of violent crime:: ' children," Thomason said. "It's ~ The also Ian a to a desi n eon- Children sMemorial Foundation just horrifying this is happening all P g g Victims of Violent Crime was incor- over the country." test for Safe Haven, a program porated Jan. 1 in Rexburg as a non- Lolita Shirley of Sugar City is the where businesses, churches and profit organization. Marilyn foundation's director of national homes displaying the sticker will Thomason, chairwoman of the operations. She will coordinate with let children they will offer safety:in board of directors, said she got the other states to insure the founda- the event of an attack. tree-planting idea after the abduc- tion's principles are maintained. ~e group also hopes to raise tion and murder in Pocatello of Gwili Saurey of Rexburg is funds to offer for reward money 11-year-old Jeralee Underwood, memorial chairman and she will do and print and distribute posters in Sind-T~Q~~RAa~~~ ~ .lcx~c~~r~l~f }tossing children cases They plan}" organize a group~Qf~people in Re~C- ,~t.'he m~orialg~ov,.es. Davg'.Moms ~;~ j start~'funH~rai~in~, ~effo~ts' bek~ , burg 'and ~c~osS i the ; ,country. - is ~he,g{~ou~ ~ori`sul~a~it oh,printu-g "month." "` ' ~ •~' "' '"` "' ' '~ ~ "" ~ ~ ~ ~'~ Members have developed contacts and Cynthia Vanna of Wisconsin is Thomason ,says she donated in about a dozen states and hope to the national director of fundraisiug~;~!~;~;'~~j~oney from a family trust fund to a expand the foundation nationwide. Jim Ross of Idaho Falls is direca~,,~rfy whose child was abducted. They are soliciting .names of for of "plant and will work with''°!, She was angry ..when estate ~Fhildren throughout the nation who states to make sure the type of the managers informed her the money wc~ killed in violent crimes, both state wants to plant will grow in was used to pay off the father's recently and in the past. that climate. Names of children who died due Don Dansie, Steven Bertnotski gambling debts and for buying per-~:"" to violent crimes up to Decen-~ber and Steve Baldwin, all of Rexburg, sonal items. 1993 will be handwritten into a are national directors organizing She made a vow never to con- tribute money to such causes again, - - - but when the Underwood abduction happened, she decided to start the foundation 'and has established a coupon system so donors can track where their money is and how it's being spent. '- ' `'When the foundation starts ac- ceptingdonations in February, con- tributors will get a numbered coupon. Identically numbered coupons will be given to the bank where the money is deposited and the foundation's accounting firm. At any time, donors can call the bank or accountants, give them the coupon number and find out the status of their donation, she says. For more information ~ contact Thomason or other members of the foundation. For foundation materials and to submit names of children who have died in violent crimes contact. foundation members or write to Children's Memorial Foundation, P.O. Box 433, Rexburg. People interested in becoming a part of the foundation are welcome, but Thomason says background checks will be done on applicants to make sure they have not. perpetuated crime against a child in the past or have a history of child abuse. - - /