HomeMy WebLinkAbout1982.06.09 CITY COUNCIL MINUTES!f
MINUTES OF THE CITY COUNCIL MEETING
June 9, 1982
State of Idaho)
County of Madison(
City of Rexburg)
Minutes of the meeting of the City Council for the City of Rexburg, Madison County, held
June 9, 1982, at the City Hall.
Those Present:
RE: MINUTES APPROVED
Mayor: John C. Porter
Councilman: Jim. Morris
Morgan Garner
Nile Boyle
Glen Pond
Councilwoman: Darlene Blackburn
Also Present: Rose Bagley, City Clerk
Richard Horner, Treasurer
A motion was made by Nile Boyle and seconded by Darlene Blackburn to approve the
minutes. All Aye.
RE: BOY SCOUTS AT MEETING
Two Boy Scouts, Brad and Todd Davie, were at the meeting to observe.
RE: REPORT ON THE MOBILE HOME APPEALS BOARD MEETING.
Morgan Garner reported on the Mobile Home Appeals Board meeting, and referred to the
minutes from the meeting .which all councilman had received in the mail. He said
the board was going to stick to their guns and enforce the ordinance, but they
would leave the final decision up to the city council. He said that the board
thought everyone should be notified by mail or have a personal contact, and let
them know what we are planning on doing.
RE: SURVEY MADE OF LOCATION OF TRAILERS
Mayor Porter told the council that Rose had had Nancy go to the Assessor's
office and got a print-out of all of the trailers in the city, she then went
through them and indicated if they were in trailer parks, if they owned .the land
the trailer is on or if they owned or rented the trailer only. Some double-wide
trailers may be listed, but it does give the size of the trailer. He thought
after we get them marked on a map we could go around and look at them and have
the people come in and meet with the board if they want to appeal. He thought
the older people we would have to let them leave their .trailer. The trailers
that are on a permanent foundation and meet the requirements will be allowed
to leave their trailer. The council and .board will have to take the trailers
one at a time-and decide on an individual basis. The double wides should be
eliminated from the list, we won't need to bother with them.
A motion was made by Nile Boyle that we .notify all those people living in trailer
homes that are not on permanent foundations that they will need to move their
trailer houses out by July 1, 1983, unless they can ge~the approval from the appeals
board and city council, seconded by Darlene Blackburn. All Aye.
RE: CAMPHOUSE TRAILER
Nile Boyle said he felt it would not do justice to the Camphouses to let them put
the new trailer in and then make them move it out in a year. A motion was made
by Morgan Garner and seconded by Darlene Blackburn to comply with the recommendation
of the Appeals Board to deny letting the Camphouses move the new trailer in and
deny the temporary variance because of insufficient reasons. All Aye. The City
Clerk was instructed to notify the Camphouses.
RE: THANK YOU NOTES
Mayor Porter read a thank you note from Darlenes daughter for the gift and from
Morgan's son for the gift.
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POCATELLO CHANBER OF COMMERCE
The Greater Pocatello Chamber of Commerce is going to have a Buffalo Barbeque
on June 20, 1982. They sent two tickets.
FIREWORKS PERMITS
Mayor Porter read some requests for fireworks permits.
Skaggs Drug
Mighty Mite
Chateau Drug
Richard Henderson, for a Scout Troup, at Parts Service
Kings
Lynn Webster East of Diet Center Print Shop on Main Street
Gina Garner at Safeway Parking Lot
Gina Garner American Furniture or Forsgren Perkins.
A motion ,was made by Morgan Garner and seconded by Jim Morris to approve the
fire works permits. All Aye.
RESOLUTION - DALE MC INTIER
A resolution was introduced and moved for adoption, Dale Mc Intier is keeping
goats at 144 North 3rd West, Rexburg, Idaho and keeping such livestock within the
city limits is in violation of the ordinance of the City of Rexburg, Idaho.
(copy attached). And that the City of Rexburg send a "Notice to Abate a
Nuisance" to Mr. Mc Intier. And that he be instructed to remove the livestock and
manure and filth and debris before the 10th day of July 1982. Seconded by
Morgan Garner. (The above resolution was introduced by Nile Boyle)
Those Voting Aye:
Absent from meeting:
DOG PROBLEM
Morgan Garner
Nile Boyle
Jim Morris
Darlene Blackburn
Glen Pond
Sander Larson
Nile Boyle discussed a problem of dogs. He said Gene Palmer had been in to talk
to him about the dog problem they have in the trailer court. He gives a bounty
of $10.00 for anyone that catches a dog that is loose in the trailer court.
He said it had cost him $100 in the last month,. and most of the dogs caught are
from out of the trailer court. If it is within the trailer court he charges the
$10 back to whoever the dog belongs to. He also says that when the dog catcher
comes, he turns them loose again, he had caught one dog three times. Mayor
Porter said he had talked to Blair about it, and his idea is that it is private
property, and they can't pick dogs up, but they go on people's lots and pick
them up. Mayor Porter said he would check with Mary and find out the legality
and get a ruling on it. The councilmen suggested that we need to up date the
cost we charge on dogs.
COMP TIME FOR WATER DEPARTMENT
Nile Boyle discussed the comp. time for the Water Department. He said it was a
little different than other departments because they are on .call all week and
on weekends they have to make the rounds and .check everything out to make. sure
everything is running okay. Right now they .are getting four hours comp. time
when they are on call for the week, and time and a half if they are called out.
Mayor Porter said on Saturday and Sunday it takes them about 12 hr. each day
to check everything out, making total of 3 hours. He suggested we add three
hours to the four hours they are getting now or if we make it one day, eight
hours, that would take care of the two or three holidays they would work during
the year. A motion was made by Nile Boyle that when the water department is
on call for the week they get 8 hours comp. time for the week and let it be
known that that will include holidays during the year. If they are called
out they will get time and half for after hours and straight time for holidays.
The comp. time will have to be taken within two weeks unless it has to be saved
for military leave and then it can be accumulated for that purpose. Seconded
by Darlene Blackburn. All Aye.
WATER METERS THAT WE CAN NOT READ
The mayor said when we .can`t read the water meters, we send the property owners
or the renter a notice saying they have to get it fixed. They sent one to
American Potatoe who rent Art Porter`s warehouse, so he went over to look at it
and discovered that Boyd Webster, who has a service station next to it, was
TO: DALE McINTIER
144 North 3rd West
Rexburg, Idaho 83440
NOTICE TO ABATE A NUISANCE
(Pursuant to Section 50-334, Idaho Code)
NOTICE IS HEREBY GIVEN that at a special meeting of
the City Council of the City of Rexburg, Idaho, held June 9,
1982, the City Council declared approximately 25 head of
livestock (goats) and the corral and other outbuildings used to
house said livestock (goats) located at 144 North 3rd West,
Rexburg, Madison County, Idaho, to be a nuisance. In the
opinion of the City Council the corral and other outbuildings
are in such an unkept, dirty and filthy condition, and together
with animals located therein and thereon, are a menace to the
public health and safety of the citizens of Rexburg; that the
livestock, corral and other outbuildings are offensive to the
senses and an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life and property
of the citizens of the City of Rexburg, Idaho.
The City of Rexburg demands that you remove the
livestock from said premises and remove the manure and other
f' t and debris therefrom on or before the /D~'~ day of
1982, or show ca se efore the City Council at the
it Hall, Rexburg, Idaho, ~ 1982, at 8 o'clock
P.M., why you have failed o so. If you fail to appear or
are unable to show good cause why you have failed to comply
with this demand, the City Council will, as soon as possible
thereafter, cause the removal of the livestock therefrom and
the filth and debris from said premises at your expense and
wil'1 levy a special assessment as provided by Sections 50-334
and'50-1008, Idaho Code, on the land and premises whereon the
nuisance is situated to reimburse the City of Rexburg for the
removal of said livestock and filth and debris from said
premises so declared to be a nuisance.
By order of the Mayor and City Council.
Dated this 9th day of June, 1982.
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City Clerk of e ty of Rexburg
A Certified copy of the NOTICE TO ABATE A D?UISAr;CE was
personally served on Mr. Dale McIntier at 144 North 3rd
West, Rexburg, Idaho at 3:30 P.M. on Thursday, the 10th,
of June, 1982.
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lair K. Si p t, i of Police
TO: DALE McINTIER
144 North 3rd West
Rexburg, Idaho 83440
P1OTICE TO ABATE A NUISANCE
(Pursuant to Section 50-334, Idaho Code)
NOTICE IS IiEREBY GIVEN that at a special meeting of
the City Council of the City of Rexburg, Idaho, held June 9,
1982, the City Council declared approximately 25 head of
livestock (goats} and the corral and other outbuildings used to
house said livestock (goats) located at 144 North 3rd West,
Rexburg, Madison County, Idaho, to be a nuisance. In the
opinion of the City Council the corral and other outbuildings
are in such an unkept, dirty and filthy condition, and together
with animals located therein and thereon, are a menace to the
public health and safety of the citizens of Rexburg; that the
livestock, corral and other outbuildings are offensive to the
senses and an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life and property
of the citizens of the City of Rexburg, Idaho.
The City of Rexburg demands that you remove the
livestock from said premises and remove the manur and other
fi th and debris therefrom on or before the ~~~~~day of
1982, or show ca e efore the City Council at the
it Hall, Rexburg, Idaho, ,, 1982, at 8 o'clock
P.M., why you have failed o o so. If you fail to appear or
are unable to show good cause why you have failed to comply
with this demand, the City Council will, as soon as possible
thereafter, cause the removal of the livestock therefrom and
the filth and debris from said premises at your expense and
` will levy a special assessment as provided by Sections 50-334
and 50-1008, Idaho Code, on the land and premises whereon the
nuisance is situated to reimburse the City of Rexburg for the
removal of said livestock and filth and debris from said
premises so declared to be a nuisance.
By order of the Mayor and City Council.
Dated this 9th day of June, 1982.
City Clerk t City of Rexburg
Nile Bovle introduced the following
Resolution and moved its adoption:
RESOLUTION
WHEREAS, it has come to the attention of the City
Council of the City of Rexburg, Idaho, that Dale McIntier is
keeping approximately 25 head of goats at 144 North 3rd 6rles,t,
Rexburg, .Idaho, and
WHEREAS, keeping such livestock within the city
limits is in violation of the ordinances of the City of
Rexburg, Idaho, and
WHEREAS, the Council has received many complaints
from citizens of Rexburg, Idaho, that the corral and other
outbuildings located on said premises and used to house such
livestock are in such a dirty, unkept and filthy condition as
to be a menace to the public health and safety of the citizens
of .Rexburg, Idaho; and further, that the said livestock, corral
and other outbuildings are offensive to the senses and an
obstruction to the free use of property, so as to interfere
with the comfortable enjoyment of life and property of the
citizens of the City of Rexburg, and
WHEREAS, the keeping of said livestock within the
city limits and the maintenance of said corral and outbuildings
used to house the livestock should be declared a nuisance; and
the City of Rexburg, Idaho, should take the necessary and
proper action to prevent, remove and abate such nuisance at the
expense of the parties creating, causing, committing or
maintaining the same; and the City of Rexburg should levy a
special assessment as provided by Section 50-1008, Idaho Code,
on the land or premises whereon the nuisance is situated to
defray the cost or to reimburse the City of Rexburg for the
cost of abating the same.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Rexburg, Idaho, does hereby declare that the
keeping of livestock within the Rexburg city limits by Dale
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was using the front to Art's place and .the big trucks had run over the meter and
pushed it down in .and that was what had caused the problem. When we sent the city
crew over to check it out we discovered Boyd Webster has his gas tanks and .sign on
the city right-a-way. The council instructed the mayor to meet with him and work
something out.
RE: SEWER CHARGE ON STUDENT APARTMENTS FOR THE SUMMER
The mayor said we have a problem, since the students are gone .from the apartments.
Some of them are protesting the sewer charge. He said as he remembered, when we
set it, we agreed to go up and .measure the flow, and adjust their summer bill. He
said he would .suggest that the ones that have two meters one for the lawn and one
for the culinary and some that have only a small lawn that we go by the water
consumption, and on the other few we .can have DeLynn measure the flow. After this
we will have the summer flow and :winter flow and we can .keep track of it. Teton
Villa was complaining because of their big lawn. After this one time, if they want
to have it checked again they will have to pay for it.
RE: WELL ON DICK DAVIS' PROPERTY
The good news the mayor had was that for four or five years they have been trying
to get some Geothermal Water. The well is just south of the armory, and .they have
given up on it. The county called the mayor and ask if the city wanted it, and he
told them yes. The well is on Dick Davis' property and we would-have to make some-
kind of a deal with him. Once before he had talked to us about wanting to hook
into the city water; we might could-make a deal with that. We would have to cap it
for now until we need it.
RE: CITY IRRIGATION DITCH
The mayor said each year. we have to maintain the city irrigation ditch that comes
from the Teton River into Rexburg. We haven't raised the rate of assessment for
the farmers for 10 years. Richard has prepared a sheet with the expenses and
income. Last year we spent $5976 on it and this year we will spend about $6606
on it, and the revenue we receive is $3590. He suggested that we get the farmers
and go over it and raise their assessment. He said he thought if we give Teton
Pipeline a little more water they will pay more money.
RE: AUTUMN AURBOR - CITY STORM DRAIN SYSTEM
Ted Hill was at the meeting to request hooking onto the city storm drain system,
for the Autumn Aurbor Town House Project. There is an existing line that comes
through Parkinson's property, they are within about 10 feet of this line. He ask
if the city had an easement through the property. The mayor said we don't have
an easement through that porperty. The council discussed this with Ted and told
him that there. was no problem with the city, but he would have to find out where
to tap in and get the permission from the property owners that would be involved.
A motion was made by Morgan Garner and seconded by Darlene Blackburn to give
permission for him to hook onto the line. All Aye.
RE: REPLACING SIDEWALKS AT 20~ a square foot
Mayor Porter said that as long as he could remember we have been participating
with people when they replace their sidewalk at 20~ a square foot. We have some
people who have curb and gutter broken and they want to replace it. He would
suggest that we go ahead and do the same with it. Jim Morris suggested that we
include so many feet of driveway which would be like a sidewalk. A motion was
made by Morgan Garner and seconded by Jim Morris that the city participate with
20G a square foot for curb and gutter and part of the driveway that matches
the sidewalk. A11 Aye.
RE: OVERRIDE ELECTION
Nile Boyle suggested that we have another Override Election.
RE: BLUE CROSS HAS RAISED RATES
Mayor Porter told the council the Blue Cross had raised their rates.
Single Membership from $44.70 to $53.45
Two Party Membership from $99.95 to $118.55
Family Membership from $115.65 to $136.75
A motion was made by Nile Boyle and seconded by Morgan Garner to keep the same
percentage that we have paid before 80% on single membership, 75% on the two party
membership, and 75% on the family membership and that the employee pay the difference.
All Aye.
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RE: BILLS
RE:
RE:
A motion was made by Nile Boyle and seconded by Jim Morris to pay the bills.
All Aye.
JUNE 16 MEETING CANCELLED
The council decided not to have a meeting on June 16, the next meeting would
be held on July 7, unless the mayor has to call another meeting for some reason.
ADJOURN
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A motion was made by Nile Boyle and seconded by Jim Morris to adjourn. All Aye.
J n Porter Mayor
City Clerk Ro Bagley
MINUTES OF THE CITY COUNCIL .MEETING
July 7, 1982
State of Idaho)
County of Madison(
City of Rexburg)
A meeting of the City Council for the .City of Rexburg, Madison Coonty, held July 7,
1982, at the City Hall.
Those Present:
Mayor: John C. Porter
Councilman: Glen Pond
Nile Boyle
Sander Larson
Morgan Garner
Councilwoman: Darlene Blackburn
Also Present: Mary Smith, City Attorney
Rose Bagley, City Clerk
Richard Horner, City Treasurer
RE:
RE:
MINUTES
A motion was made by Sander Larson and seconded by Nile Boyle to approve the minutes.
All Aye.
REQUEST FOR CITY TO ASSIST WITH LITTLE LEAGUE BASEBALL TEAM
Mayor Porter said the Police Association had requested the city to participate
with assistance with the Little League Baseball Team. The cost for sponsoring a
team is $65.00, and they ask .the council to help sponsor the team, and pay
of the fee which would be $32.50. The Mayor said he would start it out with a
$5.00 contribution and if the council would each give $2.50 it should take care
of it because the city cannot give contributions.
RE: INSURANCE CLAIMS
The Mayor said we have some insurance claims, there. is a $250 deductible on
sewer stoppages. There is one at Emma Bennett's, every once. in a while we have
a stoppage up there under Ronald Stones garage in the main sewer and that causes
the sewer to back up and go into her home. The bill is for $92.50. He suggested
we pay it. He had told Delynn to go up and run the .auger through the line about
once every two months, to make sure it does't happen anymore. A motion was made
by Nile Boyle to pay the bill and seconded by Darlene Blackburn. All Aye.
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