Loading...
HomeMy WebLinkAbout1981.04.01 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING April 1, 1981 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held April 1, 1981, at the City Hall. Those Present: Mayor: John C. Porter Councilman: Jim Morris Norris Reese Nile Boyle Sander Larson Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, City Treasurer RE: MINUTES A motion was made by Nile Boyle and seconded by Norris Reese to approve the minutes. All Aye. RE: BUSINESS LICENSE Mayor Porter read a request for Leilani Plummer to renew a business license for Joseph's Storehouse at 23 North 5th West. A motion was made by Jim Morris and seconded by Nile Boyle to renew the business license for one year. All Aye. RE: INTERMOUNTAIN GAS CO. FRANCHISE TAX Mayor Porter told the council that the city received a check from Intermountain Gas Company for their Franchise Tax for the year 1980 for the amount of $23,890.85. RE: IRRIGATION DITCH THAT RUNS BEHIND PARK STREET Randy Allen was present at the meeting concerning the irrigation ditch that runs behind Park Street. Mayor Porter said the city had tried to do away with the ditch, and had had several plans that they thought might work. John 'r Walker and Dale Steiner, who use the ditch, have objected to the closing of the ditch, and it will have to be put back in use. Mr. Allen said that people in that neighborhood are concerned and object to the ditch. When they purchased the property, they understood that the ditch would be done away with. In 1975 the ditch was not used, but now it is being used. There are 185 small children in the neighborhood, and they are concerned about them falling in the ditch. The ditch bank is not kept up, it is a mess. Mr. Allen said that he had cleaned the weeds along the bank next to his property, and then they clean the ditch and put the debris on the bank and leave it, which makes it a eye sore along the ditch. Mr. Allen said that he had called Earl Kemp about it to see if something could be done. He stated that they only irrigate 10 acres with the ditch and he could not see why something had not been done sooner to at least make it look attractive. He said that he could not even keep his yard decent with the ditch running along the back of his property. The children play in the ditch when there is not any water in it, so when the water is put in the ditch they think they can still play in it. He said that he pays taxes and wants to get his money worth out of the taxes he pays, he said that the people in that neighborhood have a definite concern. Mayor Porter said that the people that use the ditch had established a right=Of—way for fifty years. Mary Smith, City Attorney, stated that she did not think there was any way that the city could close the ditch. Earl Kemp said that they have checked several ways to solve the problem and had met with Mr. Steiner, Mr. Walker and the Canal Company trying to find a way.. The only option was to leave the ditch the way it is. They have even explored putting a pump in the canal, which would be costly. /C Mr. Steiner and Mr. Walker were against that and did not want to maintain it. Mr. Kemp said that the ditch could be covered and the cost be put under an' LID. Total costs would be about $45,300, cost per frontage foot $34.85 per foot and $17.43 cost if split for property owners. (copy attached) Mayer Porter told Mr. Allen that Mr. Steiner and Mr. Walker should keep the ditch clean, and that the city would keep the bank cleaned. RE: TIM PARKINSON HAS LEASED WATER FROM PALISADES Mayor Porter said that Tim Parkinson had been in to see him and told him that he had leased water from Palisades and ask the mayor to express his thanks to the City Council for leasing water to him in the past. RE: SIDEWALK DISPLAY USE. Ken Benfield and Nile Monson were at the meeting to talk about the sidewalk display use. Mayor Porter said that since the council had let the merchants display samples of their merchandise on the sidewalk, some of the merchants have abused the privilege and have been storing goods on the sidewalks and he had received a lot of complaints. Mr. Benfield said he appreciated being able to display his goods on the sidewalk, because of this he had been able to sell displayed items and also get people into his store to buy other things. Nile Monson said that he had misunderstood how he should use the sidewalk, and had been abusing the privilige by storing goods on the sidewalk. He would have it cleaned off in a couple of days and only have samples on the sidewalk. RE: KEN BENFIELD PARKING LOT ASSESMENT Ken Begfield complained that he had been assessed a large amount of"money for the parking lots, and instead of helping his business it was hindering it. Since the two hour parking signs had been pug up in the parking lot by the Beauty College, all the students are parking in his parking -:lot and in the alley behind his store. Most of the time they block the alley and the delivery trucks can't get in the alley. He said he had called the police to have the cars towed off, but they won't do anything because it is private property. Nile Boyle suggested that he put up signs and then the cars could be towed away, he also told him that we soon will have two�more parking lots, one will be two hours and one will be split. Mayor Porter said that because we used public funds to build the parking lots and they are for customers we have to sign it for two hour parking, but that we would help him anyway we could. Norris Reese said that we do owe Mr. Benfield some support in solving the problem. Jim Morris ask Mr. Benfield if it would help if the police made sure the alley was open and gave tickets to those cars parked in the alley; Mr. Benfield said he would appreciate it. RE: DEAN BIRCH REQUEST FOR STUB CONNECTION Mayor Porter read a request from Dean Birch for a stub connection from the main sewer line to his property cline for future connection of several units, his property being between Sugar City and Rexburg. A motion was made by Norris Reese and seconded by Jim Morris to let him connect. All Aye. (Copy Attached) RE: DISCUSSION ON ADOPTING AN OVERLAY ZONE ON MOBILE HOMES Jim Keller and Chuck Frost of the Planning and Zoning Committee met with the City council to discuss adopting an overlay zone restricting mobile homes to certain areas. The committee had done a windshield survey of the city and had marked a map yellow forgood trailers and red for bad trailers, green for abandoned buildings that have not been repaired since the flood. They explained that good trailers were those on foundations with their yard being fixed up and bad trailers those not blocked up or skirted and not having the yard fixed up. Rexburg has a trailer ordinance that prohibits trailers except in trailer courts. Double -wide trailers are allowed in zone 3 if they are placed on permanent foundation. After the flood the city council granted permission for some trailers to be put on lots for one year. Planning & Zoning recommended that the overlay zone be where trailers could be allowed without needing a renewal of a permit each year. The area where they recommended for this was west of second west, east of fifth west and south of third and fourth north. These areas are not zoned commer-- cial and R3. Those trailers put in the overlay zone should be put on permanent foundations, any trailers that would be temporary would have to be put in a trailer court. Farrell Davidson, Public Works Director, ask about people that have been building a lean-to on the trailers out of slab lumber. Mayor Porter said that the city council would study the map that had been marked to make sure the areas marked was where they wanted to have the overlay zone, and then a public hearing would be scheduled. REXBURG, IDAHO Mailing Address Rt. 1 Sugar City, Idaho 83448 Phone 356-7226 March 31, 1981 Mayor Moon and Sugar City, City Council Mayor Porter and Rexburg, City Council Earl Kemp Project Engineer INC. This is a formal request for a stub connection from the main sewer line to our property line for future connection of several units. One line for the Teton Traveler Property and Two lines for the Dean Birch Property. Sincerly,� -44. r-= RE: CHERYL LEWIS, A MOBILE HOME OWNER WAS AT THE COUNCIL MEETING Cheryl Lewis, a mobile home owner, was at the council meeting, she complained because, she said, the Planning Board and Council was trying to tell her she was different because she owned a trailer house. She said that they tried to keep their yard up and trailer looking nice, and pay taxes and did not feel like they should be treated any different than someone that owned a $100,000 home. Jim Morris and Nile Boyle tried to explain how zoning protected property owmers and the overlay zone would protect trailer owners. The city would be relaxing the trailer ordinance by making an overlay zone. Mayor Porter told Mrs. Lewis that everyone that has put a trailer on property that is not in a trailer court has a permit to put the trailer their for only one year, he told her that she had a permit for only one year. Basically, it is illegal to put a trailer anywhere in town except in a trailer court. Chuck Frost, of the Planning and Zoning, explained that we are trying to group houses together that are computable with the zoning regulations, and with the zoning overlay we are trying to set up an area that will be compatable for trailers. Mrs. Lewis was told by the council that if someday they wanted to build a house on the same property that she now has a trailer she would be able to do so. Mrs. Lewis said that they did not want to take the axles off their trailer and put the trailer on a foundation in case they wanted to move it. Jim Morris suggested that they put up a false foundation. Mrs. Lewis was told that she should be sure to come to the public hearing and give her objections at that time. RE: CONCERN ABOUT ABANDONED HOMES Mr. Frost said that the Planning & Zoning were concerned about the abandoned homes that have not been finished since the flood, they have had enough time. These houses have been marked on the map. RE: ROSCOE ORTON, RECREATION DIRECTOR, MET WITH COUNCIL Roscoe Orton, recreation director, was at the council meeting. He told the council that the city had received a little over $3000 from the Community Chest. The Community Chest would start their drive on April 8 and it would go for a month. The city has been getting between $2000 and $3000 from them each year, but this year the city is going to shoot for more. RE: REXBURG IRRIGATION BOARD WAS AT THE MEETING Lorin Kauer and members of the Rexburg Irrigation Board were at the meeting. He handed out copies of minutes from previous meetings. He referred to the agreements made between the city and canal company. Mayor Porter told them that we are changing the drain ditch and will also have the water from the sewer lagoons that will be dumping into the canal. In 1966 an agreement was made between Rexburg Irrigation Company and the City to let the Irrigation Company use a portion of the unused water to service patrons who were formerly on the Rexburg ditch. In 1967 the Rexburg Irrigation Company made an agreement with the City of Rexburg to let them lease any water that the city is not using. In 1975 they heard the city was leasing water to others. Mayor Porter advised at that time, according to the minutes, that we were not aware of the agree- ment but would put into the minutes at that time that when the leases already signed expire, the city will offer Rexburg Irrigation all their excess water for lease. RE: MAYOR PORTER CONTACTED BY TETON PIPELINE Mayor Porter reported that he had been contacted by Teton Pipeline about using the water for another year, with the understanding that if the Rexburg Irrigation Company needed the water because of a dry year the Pipeline Association would turn on their pumps, and not use the water. City Attorney Mary Smith cautioned the council to be careful on an agreement of this kind. The council agreed the irrigation company was entitled to use the excess water but pointed out that they would have all the waste water from the city sewer treatment plant. RE: REXBURG IRRIGATION COMPANY TO MEET WITH MARY SMITH It was agreed that the Rexburg Irrigation Company would meet with Mary Smith and draw up an agreement subject to council approval. The Irrigation Company will not charge the city for their 14 shares, which would be $280, and in exchange they ask to have the water that Tim Parkinson has been leasing. The company would keep the shares on its system in case the city ever needs it. RE: BILLS A motion was made by Nile Boyle to pay the bills and seconded by Sander Larson. All Aye. RE: ADJOURN A motion was made by Norris Reese to adjourn and seconded by Jim Morris. All Aye. (�L C. 941� Mayo John C. Porter / Za, 9, /� � � � City -C lerk Rose Bagley RE: SPECIAL MEETING MINUTES OF CITY COUNCIL HELD APRIL 14, 1981 Those present were: Mayor: Councilman: Councilwoman: Also Present: John C. Porter Norris Reese Morgan Garner Jim Morris Nile Boyle Darlene Blackburn City Attorney, Mary Smith Rose Bagley, City Clerk Purpose of the meeting was to discuss the Rexburg Irrigation Water. Mayor Porter told the council that the officers of the Rexburg Irrigation Company said that there is something in the minutes that we are supposed to give the water back to them, but he had been unable to find it. As Rexburg has grown, the irrigation has diminished; for example where the High School and new park is, used to be the Gillespie farm. Ricks Wade Addition, Kennedy School, Sunset Circle, 11th 12th 14th Ward Church, the area where Nile Boyle lives, and the Widdison Addition are no longer used as farmland. The highway is also taking out part of the farmland, so not as much water is needed for farmland. We don't want to do anything to hurt the farmers. The city will have to pay $15,000 to improve the ditch and for the waste water ditch. The city has valuable water and it is costly to maintain the ditch. The people on the Teton Pipeline are not strangers, they are all local people and do a lot of business in Rexburg. If we supply water to farmers we should pay only half to maintain the ditch and they should pay the other half. Jim Morris questioned if the Rexburg Irrigation Company would be satisified with the Water that Tim Parkinson had plus that from the drainage from the sewer. Mayor Porter presented a letter from Earl Hoopes, of Teton Pipeline Asso- ciation. Rexburg Irrigation Association and the Teton Pipeline Association had a meeting and made the following proposal: 1. That the 14 CFS of irrigation water be divided into 3 equal parts; 2. That the Rexburg Irrigation Company lease 1/3 of the water; 3. That Mr. Parkinson lease 1/3 of the water; 4. That the Teton Pipeline Association lease the remaining,"1/3 of the water; and 5. In the event that another source of water could be secured by Mr. Parkinson, his 1/3 share would be added to the lease of the Teton Pipeline Association.