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HomeMy WebLinkAbout1981.08.19 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING August 19, 1981 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held August 19, 1981, at the City Hall. Present were the following: Mayor: John C. Porter Councilman: Nile Boyle Sander Larson Glen Pond Jim Morris Morgan Garner Councilwoman: Darlene Blackburn Also Present: City Attorney, Mary Smith Rose Bagley, City Clerk Richard Horner, City Treasurer Farrell Davidson, Public Works RE: MINUTES A motion was made by Darlene Blackburn and seconded by Sander Larson to approve the minutes. All Aye. RE: CLAIM FROM ROBIN SYLVESTER Mayor Porter read a claim from Robin Sylvester in the amount of $1,159. She was driving a car on East 350 South, which was a new street running to Shoshone. Tiger Asphalt was building the street, it hadn't been marked with lights or anything. He suggested that we turn the claim down so Tiger Asphalt will have to pay the claim. A motion was made by Morgan Garner and seconded by Darlene Blackburn to turn the claim down. All Aye. (copy on file) RE: REXBURG HEIGHTS ANNEXATION Mayor Porter ask the council if they had read the Planning Board minutes. A copy of the minutes was handed out to all the Rexburg Heights residents who were present at the meeting. The Mayor told the people that he had talked to the State and Federal people about the sewer and there is no hurry in annexing. We should wait until all the problems are solved to annex. We need to get the animal problem solved, some people want animals and some people don't. Richard Smith, Attorney, was at the meeting. He said after reading the minutes it states in them that 80% of the people want animals; this is incorrect, only 20% want horses, cats and dogs and 80% don't want-' animals. The protective covenants say that if 80% want the animals removed they will have to be removed. Mayor Porter said if animals were allowed it would be with a grandfather clause. Glen Pond said we should annex according to the city ordinances , with no animals or we would run into problems. Ken Burt from Rexburg Heights said he had been ask at the Planning & Zoning meeting how many people wanted animals and how many did not, he had gussed 80% which could be wrong. He also stated that 75% of the people have to sign a petition to change the protective covenants. He would hate to have this animal thing keep Rexburg Heights from getting annexed. The Planning & Zoning had suggested an overlay, where they might be able to have animals in some areas. De Loy McKenna stated that at the previous council meeting they had been told they could possibly be annexed without changing any of their protective covenants. He also ask about cats and dogs. RE; REXBURG HEIGHTS ANNEXATION CONTINUED The Mayor told them the council are not here to debate the fine points of the law. We are not going to take the fight on. We thought we could get Federal help on the sewerline but we can't, if a sewerline is put in we will need to get an LID going next spring. Deloy Mc Kenna said the people want to annex because of the sewer not the animal problem. Ken Burt stated all the property owners bought property in Rexburg Heights because they could have animals, most of them want to annex with animals and they want to be annexed right away. Don Donahoo said it is important we get annexed into the city, the scrap will continue whether they are annexed or not. He suggested that they get it annexed and then the city could give them a certain amount of time to get the problems resolved. He ask if once they were annexed, if they would have police and fire protection and animal control with enforcement of the leash law. Mayor Porter told him this would be enforced. Jim Morris explained that Rexburg Heights have had country living. If they are annexed into the city they will have to give up snow machine riding in the streets, dogs will not be allowed to run the streets, there will be no parking on the streets so there can be snow removal, there is more to annexing than just the sewer problem. Don Donahoo told the council he did a roadside survey and there is only two dwellings that have animals larger than dogs amd cats. and he did not think animals should stand in the way of annexation. Karl Sadler said he would like to leave the protective covenents as they were when he bought his property. Richard Smith ask Mary Smith what would happen to the protective covenants if they are annexed. She told him if it is annexed the area will be subject to city ordinances. Nile Boyle ask the people if they are sure of the protective covenants, he thought they should wait 20 days and resolve the problems among them- selves and then come back to the council. Ken Burt didn't think they needed to postpone the annexation, he thought most people wanted to annex as soon as possible. Ellis Miller was opposed to annexing until they found out about sub -dividing lots. If people started sub -dividing lots he was afraid that taxes would sore. Nile Boyle told them that it would not cause the taxes to sore and they would be subject to the sub -division ordinance. Morgan Garner made a motion that Rexburg Heights get a petition with the stipulations and indicate what the correct protective covenants are and circulate it to all property owners and make sure all the information is on it and then bring it back to the council to be reviewed and approved. Seconded by Darlene Blackburn.. All Aye. Mayor Porter told them to bring it back to the first council in October. Mayor Porter told them that the council was concerned, we haven't annexed property when 25 or 30 percent is against it. He told them to try to get 75% or 80% to agree to what they want done. Nile Boyle told them even with an overlay there would be stringent require- ments. Glen Pond said that the Planning and Zoning was concerned because there was no curb and gutter and storm system. The mayor said if they annex we would have to take it without those, if curb and gutter is put in they will have to pay for it. The estimated cost of the sewer intercepter line would be $90,000. There is still $190,000 in the TEDRO and $90,000 could be used for this line. Deloy McKenna mentioned that at a previous meeting Kent Jolley told them it would cost them to hook up to his line. The Mayor told him Kent Jolley has given the interceptor line in Crest Haven to the City, so they would not have to worry. He ask what about the other lots along, that AMR owns. AMR would have to pay half and share in the cost right from the beginning. The Mayor told them they would have to annex under the city ordinances and with a grandfather clause, and then come in after and ask for an animal overlay. We think even under the grandfather clause they could have only domestic animals. IS/ RE: FENCE VARIANCE FOR KEN BIRD AT CHAPPAREL APARTMENTS The fence variance for Ken Bird at Chapparel Apartments was discussed, a motion was made by Nile Boyle and seconded by Jim Morris to allow him to put up either a chain link fence or a fence 32 feet high from the building to the curb, between his apartment house and Mansard Village. All Aye. RE: EL RAY KLINGLER WATER METER PROBLEM El Ray Klingler was at the meeting, he is hooked to the water without a water meter. Mayor Porter said he thinks what happened is after the flood the city hooked up the water without a meter so they could have water for construction. Mr. Klingler said when his house was torn down the city took the meter out. Mr. Armstrong had come down and checked his connect and then he ask the girl in the office about the cost of a water connect and she had told him there would be no charge.. Mayor Porter explained there was probably a mixup about this after the flood, but he would have to have a water meter. A motion was made by Darlene Blackburn and seconded by Nile Boyle for the city to supply the water meter and he would have to install it. All Aye. RE: PROJECT REPORT. Earl Kemp gave a project report. The city has started using the sewer it is 60% complete. They have started putting the backfill in the parking lots. RE: MILLHOLLOW MEADOWS WATER BILL The Council discussed Millhollow Meadows water bill. Earl Kemp reported the trailer court is using 4 million gallons of water a month, about 2 million more than normal for this time of year. There is a leak, and they; are going to use a sonic meter to try to locate the leak. RE: LETTER FROM DANIEL C. THOMAS CONCERNING TRAFFIC Mayor Porter read a letter from Daniel C. Thomas of 77 North 2rd West.. He was complaining about the large trucks using 3rd West. He said that he believed the trucks use 3rd West in order to avoid the problem intersections of lst North and 2nd West as well as the stop signs along 2nd West. (copy attached) Morgan Garner suggested that we open 2nd West so it is better to use. Jim Morris said he would get together with the chief of police and possibly Walters and see if they could come up with a solution. RE: RAILROAD SPUR BY FARMERS FEED Farrel Davidson said there is an old spur down by Farmers Feed which is not being used by the Railroad. He has talked to the railroad about taking it out and they are checking on it. RE: REPORT ON PRICE DAVENPORT PROPERTY Farrell Davidson reported on the Price Davenport property. He and Gary Owens, Fire Chief, had spent the previous afternoon checking the property. The old hospital at 118 College Ave - the downstairs is in pretty fair shape, there is no fire detectors, the third level - this level has no fire escape and the doors are nailed shut, there is not a common exit. Jim Morris ask if they would write up a report on each unit. There is exposed wires in the building, the second level is the same. The basement has individual enterances with a narrow hallway. The old stairs on the back of the house are in bad shape and could be a death trap. This house has 32 students in it. The house at 105 College Ave. formally owned by Mrs. Rigby has 13 students in it, and is in pretty good shape, but it will not comply with the parking. At 121 College Ave, it houses 16 girls, and the lawn is in bad need of care. At 131 College Ave, it houses 17 girls, and is in bad need of repair outside and inside and the wiring is bad•, there are exposed romex wireing and a gas water heater is not vented, the stairs are a hazard, the weeds are a problem the house has just not been attended to. At 137 College Ave. the house is in good shape, there is a wiring problem and it needs minor repairs, it has 16 students and there is a parking problem. At 145 College Ave. there is wiring problems but it is not in bad shape. The mayor said that we need to make a motion that unless they get all the houses in compliance they can't have students in them and send a letter to the college to that effect. RE: PRICE DAVENPORT PROPERTY CONTINUED L The apartments they have on West 3rd South - the interior is in good shape, the panel boxes need spaces between breaker switches in them and they have a weed problem. They have no fire extinguishers. Nile Boyle said he should get the wiring fixed the fire excapes fixed, and get fire extinquishers now and the parking later. Possibly have him come to a meeting and go over these things. A motion was made by Nile Boyle for the city to inform him that he will have to bring his houses up to safety code and clean up the interior: --and exterior before they are rented and comply with the parking before the next semester. Seconded by Jim Morris. All Aye. RE: PARKING BY THE STADIUM AT THE COLLEGE Farrell Davidson said the College have striped the street on West 2nd South by the Stadium so it is vertical parking instead of horizontal and it has limited the parking. Sander Larson said it has cut down on the speeding. Earl Kemp cautioned vertical parking makes it below safety code for roads and the city would be liable if someone stepped out and is hit by a car. Jim Morris said he would have the chief of police check it for safety. RE: MAYOR PORTER PRESENTED AN AGREEMENT WITH UTAH POWER Mayor Porter presented an agreement with Utah Power & Light, they have gone over the street lights with Jim Morris and decided which poles to put in and which ones to take out. Jim Morris said that he would like to review it. A motion was made by Sander Larson to date and sign the agreement subject to a review by Jim Morris. All Aye. RE: DISCUSSION ON THE PARK BY MADISON HIGH The council discussed the park by Madison High. The water system has not been working, they have been working on it and should have it running. Some of the sprinklers have not been working and the time clock has not been working correctly. They turned it on manual to get everything watered. Early Bird Co. is coming up to check it over. Morgan Garner ask why the school uses Smith park for football practice. Mayor Porter said the school lets us use the gym for basketball in the winter, also the grass is not heavy enough at the new park. RE: ORDINANCE # 633 City Attorney, Mary Smith read Ordinance # 633 setting the interest rate forLID 25 bonds. These bonds would run 10 years. A motion was made by Nile Boyle and seconded by Darlene Blackburn to set the interest rate at 10%. (ordinance to be added when recieved from Mary) A motion was made by Nile Boyle to suspend the rules and seconded by Jim Morris. Roll Call showed All Aye. A motion was made by Sander Larson to pass the ordinance and seconded by Morgan Garner. Roll Call showed All Aye. RE: ORDINANCE # 634 Ordinance # 634 was read by City Attorney, Mary Smith to increase the salaries of the Mayor and Council. Nile Boyle suggested that they not increase the councilmens salary ht just increase the Mayor's salary. The Councilmen agreed they should wait until the next council meeting after it was decided on the budget. RE: KRXK HAS BEEN SOLD Mayor Porter told the council that KRXK has been sold. The new owners are having a pep rally and party for the Madison High ballteam on August 26 at 7 P.M. at Porter Park. It will be pot luck and they will furnish corn on the cob and watermelon. They are announcing they will be the sports station. All the councilmen are invited and they will give each councilman a sports jacket. RE: BILLS A motion was made by Morgan Garner to pay the bills and seconded by Darlene Blackburn. All Aye. RE: ADJOURN A motion was made by Morgan Garner to ajdourn and seconded by Sander Larson. All Aye. C. Mayor46�24G�6John C. Porter City Clerk Rose Bagley SPECIAL BUDGET MEETING August 20, 1981 Those Present: Mayor: John C. Porter Councilman: Nile Boyle Glen Pond Jim Morris Morgan Garner Sander Larson Councilwoman: Darlene Blackburn Park reservations were again discussed, adequate fees need to be charged for the ball diamonds and tennis court lights. They are not paying for themselves. Chief, Blair K. Siepert explained the police budget. Copy on file. Councilmen ask him about using motor cycles in the summer and saving the cars for the winter. He was also asked about foot patrol. There was also a discussion on the police hours. A;L, h��94 City Clerk 4rose Bagley o ,Z C John C er Mayor SPECIAL BUDGET MEETING August 23, 1981 Those Present: Mayor: Councilman: John C. Porter Nile Boyle Glen Pond Jim Morris Morgan Garner Sander Larson Councilwoman: Darlene Blackburn Nile Boyle ask the mayor about an overide election. The Mayor said that it was possible, there would have to be a 2/3 vote. Sander Larson suggested the mayor might write an article for the paper which would help by giving the citizens the full picture of how bad the situation is. A motion was made by Nile Boyle and seconded by Darlene Blackburn to raise the Mayor's salary but to leave the councilman's salary the same as it is. All Aye. Mary Smith would be advised to draw up the ordinance.