HomeMy WebLinkAbout1981.05.06 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING
May 6, 1981
State of Idaho)
County of Madison(
City of Rexburg)
A meeting of the City Council for the City of Rexburg, Madison County, held
May 6, 1981, at the City Hall.
Present were the following:
Mayor: John C. Porter
Councilman: Norris Reese
Jim Morris
Sander Larson
Morgan Garner
Nile Boyle
Councilwoman: Darlene Blackburn
Also Present: Mary Smith, City Attorney
Rose Bagley, City Clerk
Richard Horner, City Treasurer
RE: MINUTES
A motion was made by Darlene Blackburn and seconded by Norris Reese to
approve the minutes with one correction. All Aye.
RE: REQUEST FOR TRAILER PARKING AT 359 EAST 2nd NORTH
Kenneth Poulson and Nolan Christensen were at the council meeting to
request parking a third trailer at 359 East 2nd North. There was at
one time three trailers parked on Mr. Poulson's property; the third
trailer was moved off when the owner died one year ago. Nile Brown
circulated a petition to the neighbors, two of them would not sign
the petition. Jim Morris told them that the city was working on a
master plan, when the plan is completed and a trailer is moved off
residential property and the spot was vacated; it would be impossible
to move another trailer back on the property. Mayor Porter told them
that the city has a Trailer Ordinance and anytime that anyone wants to
park a trailer out of the trailer court it could only be for one year,
and if anyone objects the trailer will have to me moved. Mayor Porter
reminded Mr. Poulson that his property was not an approved trailer
court. A motion was made by Norris Reese to give Mr. Poulson a
variance to put the trailer on the property for one year pending the
study from the Planning and Zoning Committee, seconded by Morgan
Garner. All Aye.
RE: TRAILERS ON THE WYLIE PROPERTY
Mayor Porter told the council he had had numerous complaints on the
trailers that were parked on the Wylie property next to the Utah
Power & Light service center at 222 West 2nd North. After the flood
we gave them permission to put two trailers on the property for their
family. In checking they have four or five trailers parked there.
We need them to come into the next council meeting and explain.
RE: COMPLAINTS ABOUT WALTERS PROPERTY AT 214 AND 224 EAST 1st NORTH
Morgan Garner said that he had had a lot of complaints about the
Walters property at 214 and 224 East 1st North, it had not been cleaned
up since the flood. Mayor Porter said that he had talked to David
Walters and he said that if the city would clean up the property they
would pay for it. Mary Smith suggested that we write letters to
anyone with this type of a situation and tell them to clean up the
property and if they don't we could declare it a nuisance and start
proceedings. Mayor Porter suggested that we get a list of all the
places that have not been cleaned up since the flood and give them to
Mary for her to write letters. The mayor said that we need to do
something about the Hud trailer that is next to the Walters Property.
RE: OPEN BASEMENTS IN THE RESIDENTIAL AREA
Jim Morris told the council that there are three of four basements that
are open in the residential areas of the city that have not had anything
done since the flood that are a hazard. Mary Smith, City Attorney
suggested that the police check these areas and make a list of them and
then she will serve notice.
RE: CANAL UNDER THE STREET AT ARIES
Mayor Porter said that he had received a complaint about the canal that
goes under the street at Aries, we need to have a grate on it for the
safety of the children in that neighborhood. Earl Kemp said that he
would look at it and get it fixed this week.
RE: FINISHING UP LID 24 AND THE WATER & SEWER PROJECTS
Earl Kemp reported that they were going to finish up LID 24 and finish
up the water and sewer projects. They are finishing planting the areas
that need to be done. Sander Larson ask what was going to happen to
the dirt that was on the canal bank. Earl Kemp told him that it would
be hauled away leaving enough for overflow and they would grade it and
slope it.
RE: PROPERTY ON EAST lst SOUTH
Sander Larson said that he had been contacted by a property owner on East
lst South. His property had been torn up last fall for the sewer line,
now they have put dirt along the curb and had planted it with grass seed.
He wanted to know who was responsible to see that the grass came up, who
was going to water it. The man that owned the property had bought new hose
to water it but he lived out of town and it was hard for him to travel
back and forth to water the lawn. Mayor Porter suggested that we have
the water department water the lawn because the property is across
the street from the pump house and they were up there two or three times
a day.
RE: MEDIUM AT THE END OF MAIN STREET
Jim Morris said that we have a problem at the medium at the end of Main
Street, when they brought the dirt in it was loaded with quake grass
and it needed to be sprayed before it was planted. Earl Kemp said
that he had taken care of it.
RE: STUDENT HOUSING IN RESIDENTIAL AREAS
The problem of student housing in residential areas was discussed. Sherrie
Fuller was at the meeting to explain her situation with the student
housing. Mayor Porter said that since he had received a letter complaining
about the student housing in RI Zones, he had been checking, and decided
that the city will have to start enforcing the Zoning Ordinance. People
owning a home in Rl zone and rent it out to 4 or 5 students would be like
a family living in the house, but if they rent it to 15 students they
are in violation. They do not have enough parking and the ordinance
says that they should have a minimum of 50 square feet per roomer.
They need to have one parking place for every two people. These houses
should be inspected to make sure they abide by the ordinance.
Sherrie Fullmer told the council that they were concerned when they heard
the ruling on student housing. Their intention was to use the house they
bought as an investment, they cannot afford to live in the house themselves.
She said they had been renting to 11 students and have 5 1/2 bedrooms. It
had been approved by the college and they have enough parking, they also
have three garages. She said they want to meet the city's qualifications.
Mayor Porter said he would write to the college and tell them the city was
going to enforce the zoning ordinance which would restrict the number
of students in each house also the parking. He would tell them that each
home would have to be inspected by the city to see if it met with the
zoning regulation.
Jim Morris suggested that the city work with the Planning and Zoning and
form a committee and get a list of housing from the college and check
each one to see if they qualify for student housing. When someone asks
the college to use a house for Student housing they will have to check
with the city to see if it qualifies. The rental houses need rules and
regulations set up on them. Mayor Porter told the council that when
the growth of the college started we wasn't too strict but the situation
has changed. The fireman inspect the student apartment complexes but they
do not inspect the homes. It would be a good idea if they inspected
the homes as well. Jim Morris suggested that a card be posted at
each house listing the number of students that should be in each houses
it would also give us control over the utilities.
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RE: DISCUSSED NO PARKING ON STREETS BETWEEN NOVEMBER AND MARCH
Mayor Porter discussed the ordinance that provides for no parking on the
streets between November and March of each year and also there is no
overnight parking at anytime on Main Street. He suggested that we
amend the ordinance and add no overnight parking on Center Street
between 1st North and 2nd South. When the street sweeper goes around
they can't sweep the street because of the cars parking on the street.
If it was ok with the council he would have the police and street
department check on the cars that are parking on the street and have
Mary Smith amend the ordinance.
RE: SWIM MEET STUDENTS ASKING TO CAMP AT PORTER PARK OVERNIGHT
The Mayor received a phone call from Elaine Porter telling him that there
was going to be a swim meet in Rexburg the end of the month. There
will be about 500 or 600 kids in Rexburg for this event. The Ogden
team which consists of about 35 kids have requested to stay overnight
in the park. The mayor suggested that we give them permission to
camp in the park for this one time. He thought a good place for them
to camp would be in Porter Park south of the tennis court by the picnic
tables and near the restrooms. jim Morris told the council that these
kids usually range from age 9 to teenage and they usually have a
lot of parents with them to supervise. He said that he will ask the
police to keep an eye on them. A motion was made by Morgan Garner and
seconded by Nile Boyle to give permission for this group to stay in the
park. All Aye.
RE: CITY TO JOIN TETON PROTECTION ASSOCIATION
The City of Rexburg have water in the Teton River. The Teton River
users are organizing a Teton Protection Association. The Mayor had
Dell Palmer represent the city at the meeting. Everyone on it should
pay $100 to finance the association. Some of the upper Teton River
users are planning to drill wells, but the Protection Association will
not let them drill any wells below the diversion dam. If someone starts
to put a well in, the Association would protest if it is below the
diversion dam. Mary Smith told the council that there was no legal
reason to prevent the city from joining. The Teton River is over used
and it is a problem for people who have water rights. A motion was
made by Norris Reese and seconded by Jim Morris to join the Association
and pay the $100. All Aye.
RE: REPORT ON TEDRO PROJECTS
Earl Kemp reported on the different TEDRO projects. The Storm Sewer is
done except for finishing up the beautification. The water project is
complete except for the finishing up the beautification. The water pro-
ject is complete except for the telemeter, which will be here in a month.
Some of the catch basins need to be painted. The contractor will be
in next week to complete the street project and it will be completed
in about a month.
The interseptor line for the sewer line between Rexburg and Sugar City
is complete and the project is right on schedule and doing very well.
RE: PARKING LOT PROPERTY DISCUSSED
Earl showed the parking lot plans and talked about the cost estimates
on construction. The council discussed buying the Lou Davidson
property for a parking lot. Earl Kemp said that we should have enough
money to buy this property, however, the council thought there might
be places to better spend the money. They discussed the fact the E1 Gene's
was going to donate some property behind their shop if the city would
finish it. Mayor Porter said that we need to get moving on the LID and
have the public hearing so we can get the Bonds sold and get some
money for the work. Earl Kemp said that he could have the assessment
roll to Mary Smith tomorrow. Mary said as soon as she had the roll
she would send out the notices for the public hearing.
Mary Smith said that there are a lot of people that want to buy the bonds.
Earl Kemp discussed the requests on Parking Lots for consideration.
1. Valley Bank have a parking lot they use, but it is not within 300
feet. The mayor said that he thought we still need to take that into
consideration.
2. Security Savings and Chateau Drug, both of these buildings are
owned by Grover Estates. They want their parking considered together,
they also have parking in the rear of their building.
3. Sorenson Property, we purchased.
4. Brunson Property, will be increased $700.
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5. Coop, have plans for future parking lot.
6. Racquet Ball Club feel they are not the same as other businesses
amd should not have to comply with the parking ordinance.
Norris Reese stated that we have reviewed the Racqet Ball Club parking
at a previous meeting and decided it was where it should be. A notice
will be sent out and they can protest at the public hearing.
A date for the hearing was scheduled by the council for June 3, at the
regular city council meeting. They would then be able to advertise
for bids and start work in July. Mayor Porter said that the council
could have a special meeting to pass the ordinance if they needed to.
MAP ON THE URBAN D ROUTE
A motion was made by Nile Boyle and seconded by Morgan Garner to
formally approve the map on the Urban D Route. All Aye.
COMMUNITY PARK AT THE HIGH SCHOOL
Mayor Porter told the council that we have the Community park at
the High School in operation. After looking at the agreement with
th,� school, he found that we need a committee to run the parka
They could solve the problems of maintenance, cost sharing and
any other problems. He said that he would give the agreement to
Nile Boyle to read.
TRANSFER OF BEER LICENSE AT V1 OIL
A request to transfer the beer license to David Moss at the VI
Oil was read, a $5.00 check accompanied the request. A motion was
made by Jim Morris to approve the beer license transfer, seconded
by Nile Boyle. All Aye.
BUSINESS LICENSE TO WILSON & COMPANY DIAMONDS
Mayor Porter told the council that August of 1980 we had issued a
business license to Wilson & Company Diamonds to operate a business
to do business primarily over the phone. We received a call from Bob
Smith from Ricks College and they are concerned. We will write them a
letter to make sure they comply with the business regulations for a
residential area.
BUILDING PERMITS
Mayor Porter gave the councilman a report on the building permits
that have been issued during the month of April.
ORDINANCE TO INCREASE THE BEER LICENSES
Norris Reese suggested that the city needs to pass an ordinance to
increase the beer licenses. The fee for on premises consumption will
go from $100 to $200 and for off -premises consumption from $25. to $50.
ELECTRICAL SERVICE AGREEMENTS
Mayor Porter presented to the council Electrical Service Agreements.
A motion was made by Nile Boyle and seconded by Jim Morris to pass
a resolution agreeing to the service agreements. All Aye.
SOLAR POWER
Nile 3oyle told the council that there would be a meeting at 11:00 A.M.
on Thursday for a presentation on Solar Power.
DRAIN DITCH ON THE REXBURG DITCH
Mayor Porter told Earl Kemp that the farmers on the Rexburg ditch think
the drain ditch that he designed won't work. Earl said that when the
water comes in, we will try it out. He said that it was higher than
the canal by a foot.
RE: BILLS
A motion was made by Morgan Garner to pay the bills and sedonded by Nile
Boyle. All Aye.
RE: ADJOURN
A motion was made by Norris Reese to adjourn and seconded by Nile Boyle.
All Aye. od-L (;�&
Mayo John C. Porter
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City Clerk Ro aa1ey
Those Present:
SPECIAL MEETING
With Irrigation Company
May 13, 1981
Mayor: John C. Porter
Councilman: Morgan Garner
Sander Larson
Jim Morris
Also Present: Rose Bagley, City Clerk
Earl Hoopes and Roger Hoopes of the Teton Pipeline Association were
present. Keith Erickson, Bob Powell, and Melvin Cook representing the
Rexburg Irrigation also came later.
Mayor Porter said that we need to review and find out the number of acres
that is irrigated by the Rexburg Irrigation Company. The city would than
lease to them the amount of water needed with stipulations. The
balance of the water would be open for bid annually. Anyone wanting to
lease the excess would negotiate with the city and an agreement would be
made with the city annually. That way the state would know that we need
the water. These agreements would be made up each April. Earl Hoopes
ask if the agreements could be made up each January instead of April.
Mayor Porter said that he had discussed with the farmers on the east side
of the City about the irrigation water they now use. Dell Palmer was
the biggest user and has about 60 acres that he does not farm anymore.
Most of the farmers in the area are sprinkling and do not use as much
water, so the excess goes down the ditch.
The city paid $15,800 to put in a storm ditch on the Barney Dairy Road.
The county was supposed to pay half of that, but they ran out of money
and won't pay any . The city needs to get enough from their irrigation
water to reimburse them for that expense.
The farmers east of Rexburg say that the ditch always has water in it.
It has never been dry, so the excess water goes down the ditch.
Earl Hoopes ask if there could be a fixed amount to be charged when the
water is negotiated.
Mayor Porter pointed out that a lot of people in Canyon Creek area are
Rexburg people and have had property on the city ditch before. It isn't
like we want to lease the water to strangers. We do have an obligation
to the farmers in the Burton area. As soon as we find out how much
water that is needed for the farms that are watered by Rexburg Irrigation
we will guarantee them that much water and the rest will be up for
negotiation. The mayor said that he would imagine that there would be
about 2/3 of the water up for bid.
Sander Larson said that he was concerned that those bidding for the
water might get into a bidding war; they should negotiate for the
water wanted. Mr. Hoopes said that people might bid higher because it
would be a case of survival.