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HomeMy WebLinkAbout1981.10.07 CITY COUNCIL MINUTES67 I RE Mayor Porter said he had talked to Farrell Davidson, he told him there would be no problem if Gerald quit. Morgan Garner said he thought he should be put on probation if he stayed, and the council said they could not give him a raise. TRAFFIC PROBLEM ON 2nd SOUTH AND 4th WEST Sander Larson told the council about a traffic problem on 2nd South:;and 4th West, there should be a stop sign put there. Also the 4 way sign at 2nd South and 3YCJ West by the park should be changed to a 2 way stop. Meeting adjourned. (��Z c-Gg�� Mayor John C. Porter City Clerk se/>4ktey MINUTES OF THE CITY COUNCIL MEETING October 7, 1981 State of Idaho County of Madison) City of Rexburg ( A meeting of the City Council for the City of Rexburg, Madison County, held October 9, 1981, at the City Hall. Present were the following: Acting Mayor: Nile Boyle Councilman: Glen Pond Morgan Garner Sander Larson Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, City Treas. RE: ORDINANCE 636 City Attorney, Mary Smith read Ordinance 636, an ordinance amending section 4 of Ordinance 341 fixing the license fee for the retail sale of beer in the City of Rexburg, Idaho. The State law was changed providing for the increase of license fees. The license will be increased to $50.00 for the sale of bottled or canned beer not to be consumed on the premises, and $200.00 for draft or bottled and draft beer which is consumed on the premises. ORDINANCE 636 AN ORDINANCE AMENDING SECTION 4 OF ORDINANCE NO. 341 FIXING THE LICENSE FEE FOR THE RETAIL SALE OF BEER IN THE CITY OF REXBURG, IDAHO, AS HEREINAFTER SET FORTH; PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE. A motion was made by Councilman Sander Larson and seconded by Councilwoman Darlene Blackburn that the rules requiring ordinance of a general and permanent nature to be fully and distinctly read on three occasions be dispensed with and that said Ordinance be numbered 636 and be read in full and at length and placed upon its final passage. Those Voting Aye: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn Those Voting Nay: None 1 The roll being called and all councilmen present voting "AYE" carried. The Mayor then called for the voting for final passage of. the Ordinance., the motion was made by Councilwoman Darlene Blackburn and seconded by Councilman. Sander Larson. The Mayor ordered the roll call of the council called, and the .roll being called by the City Clerk for the final passage of the Ordinance was as follows. Those Voting Aye: Those Voting Nay: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn None The roll being called and all councilmen present voting "AYE" carried, the Mayor declared that a majority of all the members of the City Council had voted for the passage of said Ordinance, and the said Ordinance was duly and regularly passed. Mayor Porter declared the motion carried. RE: ORDINANCE 637 Ordinance 637 repealing article 2 of Ordinance 283 to increase the Business Licenses to $20.00 per year, and for -transit tradesman, the license fee will be $15.00 a day or $75.00 per quarter depending on the length of time. ORDINANCE 637 AN ORDINANCE REPEALING ARTICE II AND ARTICLE IV OF ORDiNANICE NO. 283, AND ESTABLISHING AND FIXING LICENSE FEES FOR OCCUPATIONS, TRADES, BUSINESSES, PROFESSIONS AND VOCATIONS WITHIN THE CORPORATE LIMITS OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN SAID LICENSE FEE SHALL BE PAID. ALSO REPEALING ARTICLE VII OF ORDINANCE NO. 283 AND ESTABLISHING AND FIXING THE PENALTY FOR THE VIOLATION OF THIS ORDINANCE AND ORDINANCE NO. 283; PROVIDING THAT ALL OTHER ARTICLES AND SECTIONS OF SAID ORDINANCE REMAIN IN FULL FORCE AND EFFECT, AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by Councilman Glen Pond and seconded by Councilwoman Darlene Blackburn that the rules requiring ordinance of a general and permanent nature to be fully and distinctly read on three occasions be dispensed with and that said Ordinance be numbered 637 and be read in full and at length and placed upon its final passage. Those Voting Aye: Those Voting Nay: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn None The roll being called and all councilmen present voting "AYE" carried. The Mayor then called for the voting for final passage of the Ordinance, the motion was made by Councilman Sander Larson and seconded by Councilwoman Darlene Blackburn. The Mayor ordered the roll call of the council called, and the roll being called by the City Clerk for the final passage of the Ordinance was as follows Those Voting Aye: Those Voting Nay: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn None The roll being called and all councilmen present voting "AYE" carried, the Mayor declared that a majority of all the members of the City Council had voted for the passage of said Ordinance, and the said Ordinance was duly and regularly passed. Mayor Porter declared the motion carried. RE: ORDINANCE 638 Ordinance 638 which the government requires that we pass, establishing the equivalent users fee. Establishing $6.50 per month as the basic rate, and then the equivalent users classified in the ordinance and the ordinance providing the rates be veviewed once a year and revised if necessary. That can be done on resolution of the council. On the sewer connection fee, for a period of two months there would be no increase in sewer connection fee, and there after the fee would be for a 4" $300, and for a 8" $500, and a permit fee of $10.00 and inspection fee of $15.00. Earl Kemp said he had talked to Ricks College who would probably feel the biggest increase. Schools, apartments and trailer courts will feel a big impact also, we will bill according to the per cent of occupancy in the trailer courts during the year, at $6.50 per trailer or apartment. ORDINANCE No 638 AN ORDINANCE DECLARING ITS PURPOSE TO BE TO PROTECT AND IMPROVE THE PUBLIC HEALTH OF ITS CITIZENS, TO REQUIRE MANDATORY CONNECTION TO SANITARY SEWER, ESTABLISHING DOMESTIC RATES AND COMMERCIAL RATES INSIDE THE CITY, ESTABLISH CONNECTION FEES, ESTABLISH RULES FOR CONNECTION, ESTABLISHING DOMESTIC RATES AND COMMERCIAL RATES OUTSIDE THE CITY; ESTABLISHING BILLING PERIODS; ESTABLISHING BILLING PROCEDURES; ESTABLISHING DUE RATES AND PROCEDURES FOR THE COLLECTION OF THE DEL- INQUENT ACCOUNTS OR DISCONTINUANCE OF WATER SERVICE IN THE EVENT OF DELINQUENCY; PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE; SETTING FORTH AND MANNER IN WHICH ITS PROVISIONS SHALL BE ENFORCED; REPEALING ALL ORDINANCE OR PARTS OR ORDINANCES IN CONFLICT HEREWITH; AND THE ESTABLISHMENT OF AN EFFECTIVE DATE. A motion was made by Councilwoman Darlene Blackburn and seconded by Councilman Sander Larson that the rules requiring ordinance of a general and permanent nature to be fully and distinctly read on three occasions be dispensed with and that said Ordinance be numbered 638 and be read in full and at length and placed upon its final passage. Those Voting Aye: Those Voting Nay: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn None The roll being called and all councilmen present voting"AYE" carried. The Mayor then called for the voting for final passage of the Ordinance, the motion was made by Councilman Morgan Garner and seconded by Councilman Glen Pond. The Mayor Ordered the roll call of the council called, and the roll being called by the City Clerk for the final passage of the Ordinance was as follows: Those Voting Aye: Those Voting Nay: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn None The roll being called and all councilmen present voting "AYE" carried, the Mayor declared that a majority of all the members of the City Council had voted for the passage of said Ordinance, and the said Ordinance was duly and regularly passed. Mayor Porter declared the motion carried. RE: ORDINANCE 639 Ordinance 639, made it unlawful to transport alcoholic beverages in an open or unsealed container on any street, sidewalk or parking lot in the city. It also makes it illegal to throw sticks, stones, eggs or other objects that might cause personal injury or property damage. ORDINANCE 639 - AN ORDINANCE DECLARING IT UNLAWFUL FOR ANY PERSON TO POSSESS ANY ALCOHOLIC LIQUOR OR BEER IN AN OPEN OR UNSEALED CONTAINER OF ANY KIND WHILE ON THE STREETS, PARKING LOTS OR SIDEWALKS OF THE CITY OF REXBURG, ALSO DECLARING IT UNLAWFUL FOR ANY PERSON TO WILLFULLY AND CARELESSLY THROW CERTAIN OBJECTS INJURING ANY PERSON OR DESTROYING AND INJURING PROPERTY WITHIN THE CITY LIMITS OF REXBURG, IDAHO; ALSO DECLARING IT UNLAWFUL FOR ANY PERSON TO OBSTRUCT OR CAUSE TO BE OBSTRUCTED ANY CITY STREETS, SIDEWALKS OR PARKING LOTS IN THE CITY OF REXBURG, IDAHO, IN SUCH MANNER AS TO RENDER TRAVEL UPON THE PUBLIC n _J ,d 0 o p aD C `. A N - .n r a0 1-4 M ,c U0 Zo r N M � N P4I l7 p .3 P+ rA `° C" N va `� o O Zo r -t} � 00 N M C3 N G. CIA Cd 0 0 M '� U �o c� N A-3 1+ N O N N cn 4 O ,`?T".EE`L SiDEW.A'LKS A?dD "ARr:I.°' LOTS T;A� "o'?T)')LTS , ')ATJTC-RPTTS ; OR 4NN!)Y _T '7- T^ :NEDES- TF:: ^1?S CR TP.HVrL R, : T ? :T crIOLATIOL� Oi SrC� IOTdS I ALT') TI ?. AND i1T: EvF SHALL CONSTITTJTu A 1ITSD-'ITIANORI ALSO rPO V IDINC TNTJT7N TTTIS 0"Di'vA".? �i??tlL_, uEi Ol?�. EFFECTIVE. A motion was made by Councilman Sander Larson and seconded by Councilman Glen Pond that the rules requiring ordinance of a general and permanent nature to be fully and distinctly read on three occasions be dispensed with and that said Ordinance be numbered 639 and be read in full and at length and placed upon its final passage. Those Voting Aye: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn Those Voting Nay: None The roll being called and all councilmen present voting "AYE" carried. The Mayor then called for the voting for final passage of the Ordinance, the motion was made by Councilman Morgan Garner and seconded by Councilwoman Darlene Blackburn. The Mayor ordered the roll call of the council called, and the roll being called by the City Clerk for the final passage of the Ordinance was as follows. Those Voting Aye: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn The roll being called and all councilmen present voting "AYE" carried, the Mayor declared that a majority of all the members of the City Council had voted for the passage of said Ordinance, and the said Ordinance was duly and regularly passed. Mayor Porter declared the motion carried. RE: ORDINANCE NO. 640 Ordinance No. 640, amending Section 1 of -Ordinance 625, providing for garbage charges in all areas that are not residential rates. Richard Horner handed out schedules of rates (attached). Nile Boyle said the rates looked like they were about double for bin charges. He and Warren Porter and the Mayor had discussed this, and Warren had showed them a bill he had from his store in St. Anthony and the garbage fee for Rexburg was double that of St. Anthony, with the present rates. We do have to look at buying a new truck, buying our equipment from now on. Nile ask Mary Smith if the rates could be changed by resolution from now on, she said she would make the ordinance so they could be. The council decided to charge $9.00 for a minimum charge for all businesses, apartments, or trailer courts and churches. A motion was made by Councilman Morgan Garner to suspend the rules and seconded by Councilman Glen Pond, that the rules requiring ordinance of a general and permanent nature to be fully and distinctly read on three occasions be dispensed with and that said Ordinance be numbered 640 and be read in full and at length and placed upon its final passage. Those Voting Aye: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn Those Voting Nay: None The roll being called and all councilmen present voting "AYE" carried. The Mayor then called for the voting for final passage of the Ordinance, the motion was made by Councilwoman Darlene Blackburn and seconded by Councilman Glen Pond. The Mayor ordered the roll call of the council called, and the roll being called by the City Clerk for the final passage of the Ordinance was as follows. Those Voting Aye: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn Those Voting Nay: None The roll being called and all councilmen present voting "AYE" carried, the Mayor declared that a majority of all the members of the City Council had voted for the passage of said Ordinance, and the said Ordinance was duly and regularly passed. Mayor Porter declared the motion carried. RE: PUBLIC HEARING ON ZONING ORDINANCE NO. 478 Nile Boyle then opened the Public Hearing on the Zoning Ordinance No. 478 reading the notice (copy attached). Three elderly ladies were at the hear- ing. They questioned what it would do to their mobile homes, one lived at lst North and 3rd West in R3 Zone and would be permitted to have her double wide trailer on a permanent foundation, one lived at South 3rd West and was in R2 Zone and would be permitted to have a double wide trailer on a permanent foundation, the other lady lived at North 3rd West in the 2nd block on the East side of the street, she was in R3 Zone and could have a double wide trailer on a permanent foundation. Nile told the ladies they would not have to worry, their mobile homes were okay. He ask if there was anymore questions. He said if there was no objections the council would instruct Mary Smith to draw up the ordinance as directed by the Planning & Zoning Commission. RE: REXBURG HEIGHTS SUB DIVISION - DISCUSSION RE: RE: RE: RE: Richard Smith representing LaVar Grover was at the meeting and said his records showed on October 7, the council was going to reconsider the annexation of the Rexburg Heithts Sub Division. He had understood that about two weeks ago Robert Boice had been at the meeting and brought in a petition, he was told that Mr. Boice did not bring in a petition it was brought in by Mr. Burt and Mr. Boice came in later. We told them at that time that as long as it was in court we would hold it in limbo. Mary Smith told him there was too many loose ends, the city would not consider it until it was straightened out. Mr. Smith said Dale Thomson was representing the Boices and they would try to get them to proceed on it as soon as possible. Glen Pond told him we could not do anything until they had it resolved. RUDD, DA BELL & HILL - AUDIT Joe Call and Kim Peterson from Rudd, Dabell & Hill was at the council. They told the council they were ready to get started on the audit. RICKS COLLEGE STUDENTS A group of Ricks College Students representing the State & Local Government class was at the meeting to observe. SCOUTS Two scouts were at the meeting to get their Communications Merit Badge. DR. DAVID CRANDALL AT THE MEETING Dr. David Crandall was at the meeting, he had an interest in the Carl Smith property. Nile Boyle said the council did have the complete recommendations from the Planning & Zoning and the council could go ahead and set up the notice for the Public Hearing, the council felt there would not be any problem on it at all. Dr. Crandall said he would like to get a decision as soon as possible, they would like to get an architect to start drawing up plans and get some bids. Nile told him we would have to give two weeks legal notice for a hearing. Glen Pond said there was one signature of an adjacent property owner that was missing, this lady had been ill and only given a verbal consent and would sign it later. Glen Pond ask if there was ample parking, Dr. Crandall said there would be. The ordinance requires 80% of property owners within 300 feet to sign the petition. A motion was made by Darlene Blackburn that the city proceed with the legal advertisment for the public hearing and seconded by Sander Larson. Mary Smith said she would set the hearing for the first Wednesday in November. Those Voting Aye: Nile Boyle Glen Pond Morgan Garner Sander Larson Darlene Blackburn Those Voting Nay: None 1 0 NOTICE OF PUBLIC HEARING REGARDING PROPOSED AMENDMENT AND CHANGE OF ZONING ORDINANCE NO. 478. NOTICE IS HEREBY GIVEN that a public hearing will be held and conducted by and before the City Council of the City of Rexburg, Idaho, on Wednesday, the 7th day of October, 1981, at 8 o'clock P.M. of said day, for the purpose of conducting a public hearing regarding proposed amendments and changes of Zoning Ordinance No. 478 of the City of Rexburg, Idaho, to provide that double -wide mobile homes on masonry foundations be included as one of the permitted uses in Residential ZonepR2, R3 and Commercial Zones and Industrial Zone. At such hearing the City Council will hear all persons and all objections and recommendations relative to such W; proposed amendments and changes. This notice is given pursuant to the provisions of Ordinance No. 478 of the City of Rexburg, Idaho, and Section 67-6509, Idaho Code. Dated this 2nd day of September, 1981. CITY OF REXBURG, By Mayor. ATTEST: City Clerk. O v, , 4 a3 ff: 0 co 00 N t O 0 { r+ c1 O O 1 li� ON 1+1,4 O O C.:) rr. r Ci N 'v r- 4 4 r 1 O N N 14 00 00 O O N O �A O O O r' N 1-4 O C; 'D O rA n A O O i ..3 N .� CY J CSS N r^� N N � �� N p--•.°.. O 00 (S, 00 C-40 p to w O Cn N H O 16 N 00 N � .. O CD N r fJ ©rO � N M 1 N N 44 «S r•a .-4 O N N 14 00 00 O O N �A O O . O O C5 N N 1-4 'D ` a A N O i ..3 N .O CY J CSS N r^� N N � �� N p--•.°.. O 00 (S, 00 C-40 p to w O N N H O 16 N O N � .. O N r fJ N N 44 «S r•a .-4 �. P O N 14 �� td O O N A O i .O .a O J R: N � �� p--•.°.. O V (S, p OA w O N N H to 16 Q O A O �. P Dr. Crandall ask if it would be an advantage to get a variance. He was advised by the council it would not be as good for him as a permanent zoning decision. He said he is now renting space from Dr. Passey on a temporary bases. RE: GAS BIDS Bids were opened for gas. Richard Horner handed out copies of the bids. The apparent low bid of regular, unleaded, diesel #2 was Madison Coop, for Oil Turbine, 10-30 Motor Oil, Multi -Purpose Grease was Horkley Gil. A Motion was made by Sander Larson and seconded by Glen Pond to approve the low bids of Madison Coop and Horkley Oil. All Aye. (copies of bids attached) RE: STOP SIGN FOR 2nd SOUTH AND 4th WEST A motion was made by Sander Larson and seconded by Morgan Garner to install a stop sign at 2nd South and 4th West. The four-way stop by Porter Park was discussed. Nile Boyle said he thought they should have the police check this to see what their recommendation would be, and discuss it again in two weeks. RE: COLLEGE STUDENTS ASK IF CITY POLICE COULD WORK WITH CAMPUS POLICE - CROSSWALKS One of the college Students at the meeting ask if the city police could work with the campus police to get the cars to stop when people were in the crosswalks. Nile Boyle told him the city ordinance is very clear on that and also it is a state law, there should not be any problem, usually the campus police take care of it on the campus. Nile Boyle said the problem, as he sees it as he drives past the boys dorm, is there is ten students walking across the street and only one going across at the crosswalk. The police do ticket cars if they do not stop when a pedestrian is in crosswalk. Sander Larson said the campus police take a very active part in this, but one of the problems is that a lot of the kids feel like that in addition to the crosswalk the minute they step out on the street they have the right-a-way,which is very dangerous, especially in a couple of months when the roads get snow and ice on them, the cars have a difficult time stopping. RE: DECISION ON THE COMPUTOR Nile Boyle told the council that they needed to come to a formai decision on the computor. He also said that Jim Morris had mentioned that there was a possibility of getting a computor donated by the Diet Center. Richard Horner told the council he bad checked with the Diet Center on this and they did not sound very anxious to do this. It was moved by Darlene Blackburn and seconded by Morgan Garner to except the proposal on the new computor. Those Voting Aye: Nile Boyle Darlene Blackburn Morgan Garner Sander Larson Those Abstaining: Glen Pond RE: MINUTES A motion was made by Morgan Garner and seconded by Glen Pond to approve the minutes. All Aye. RE: EARL KEMP MADE A REPORT Earl Kemp reported that there was three things he needed to present to the Council. (1) replacing some sidewalk on Center Street, behind Jim Morris'. (2) there jas a drainage problem at the street going from Carlson Ave to 1st East, the -y had put a sump in the :Parking T.ot, the cost being $700. (3) a decision needs to be made on the alley next to the -heater by Safeway. Nile Boyle said he was sure Safeway would participate in the paving, and he was in favor of doing this if we could get their participation. Nile would contact Safeway. Earl ask about the alley next to Tom Carter's property. Glen Pond. said 'vr. Carter hart come to Pltaimninl- and Zoning meeting and agreed to pay his sb.are of the paving. Earl Kemp said they had secured a price now at $25 a ton for asphalt. Nile Boyle thought they sxiould approve those changes. It would cost $2000 for the City share to pave the alley and $3000 for the whole thin?. RE: i10RGkN GARNER AS'-'-"A11)0U HT1 rT POWER RATE Morgan Garner ask what the new power rate would do for the city. Nile Boyle said we need to get with the Power Company and find out. RE: BILLS RE: RE: RE: A motion was made by Morgan Garner and seconded by Glen Pond to approve the bills. All Aye. CONTRACT WITH UTAH POWER & LIGHT A motion was made by Glen Pond and seconded by Sander Larson to approve and sign the proposed contract with Utah Power & Light for the street lighting agreement. All Aye. ADJOURN A motion was made by Glen Pond and seconded by Morgan Garner to adjourn the meeting. All Aye. May John C. Porter City Clerk Ro agley MINUTES OF THE CITY COUNCIL MEETING October 21, 1981 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held October 21, 1981, at the City Hall. Present were the following: Mayor: Councilman: Councilwoman: Also Present: MINUTES John C. Porter Glen Pond Morgan Garner Nile Boyle Jim Morris Darlene Blackburn Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, City Treas. A motion was made by Nile Boyle and seconded by Glen Pond to approve the minutes. All Aye. RE: AGREEMENT WITH SUGAR CITY Mayor Porter told the council he and Earl Kemp had met with the City Clerk and Mayor of Sugar City and went over the agreement with Sugar City. They had made some changes. We'approved this agreement in April of 1979, the line had not been built, it is constructed now and ready to go into use. We will give the changes on the agreement to Mary and let her draw the whole thing up and then the two councils will approve them. Maintaince of the line. The City of Rexburg maintains the line south of the Moody Road and Sugar City maintains it north of the Moody Road. People who hook onto the line pay $950 for hookup fee. The south, we are responsible for, and get the money for and if it is on the north side Sugar City gets it. Both cities have to approve the hookup. There is a line in the original agree- ment where it looks like our money has to be paid to Sugar City, we changed it, we struck out for reimbursing Sugar City for its share of the costs, and put in the $950 per unit to pay for maintainance. We have changed the formula for sharing the costs, it will be on a population bases of the two cities, according to the 1980 census. If Sugar City or Rexburg annex people into the city or let people outside of the city limits hook onto the sewer system, we have got to be sure this does not overload the line, that is why one city can have the right to veto annexations or people outside of the city hob:king onto the -gewer. 1 F��