HomeMy WebLinkAbout1982.12.15 CITY COUNCIL MINUTES4i 4:
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LIMITS OF THE CITY OF REXBURG, IDAHO, TO THE UTAH POWER AND LIGHT COMPANY FOR A
TWENTY-FIVE (25) YEAR TERM: PROVIDING FOR EVIDENCE OF BUILDING PERMITS OF THE
CITY OF REXBURG BEFORE ELECTRICAL HOOKUP CAN BE MADE:. PROVIDING THAT THE UTAH
POWER AND LIGHT COMPANY PAY TO THE CITY OF REXBURG, IDAHO, A FRANCHLSE TAX
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF: AND PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
RE: MAYOR PORTER READ BEER LICENSE
Mayor Porter read. beer licenses for:
David Beesley at Hi County Bar to be sold and consumed on the premisis.
Horkley Self Service to be sold not consumed on the premisis.
A motion was made by Jim Morris and seconded by Darlene Blackburn to approve these
licenses.
Those Voting Aye: Nile Boyle
Glen Pond
Darlene Blackburn
Jim Morris
Those Obstaining: Sander Larson
Morgan Garner
RE: NEW HOURS AT CITY HALL
Mayor Porter told the council that the City Hall was going to start on Dec. 1
to have new hours from 8:00 A.M. to 4:00 P.M. The staff will work until 5:00 P.M.
and will be able to get more done and be able to cut one of the girls hours.
People can use the drop box for payments.
RE: MOTION BY JIM MORRIS
A motion was made by Jim Morris and seconded by Darlene Blackburn to approve
the bills for review at next meeting. All Aye.
RE: NEXT COUNCIL MEETING
Mayor Porter announced the next council meeting would be on December 15.
RE: ADJOURN
A motion was made by Glen Pond and seconded by Nile Boyle to ajourn. All Aye.
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Joh order Mayor
Rose agley ity Clerk
MINUTES OF REGULAR MEETING OF CITY COUNCIL
OF CITY OF REXBURG HELD DECEMBER 15, 1982,
AT THE CITY HALL, REXBURG, IDAHO.
Those Present L~dere:
Mayor: John C. Porter
Councilman: Morgan Garner
Nile Boyle
Sander. Larson
Glen Pond
Councilwoman: Darlene Blackburn
Also Present: Mary Smith City Attorney
In the excused absence of City Clerk, Rose Bagley, D2ayor Porter asked Mary Smith to
take the minutes.
The Mayor called the meeting to order.
Re: MINUTES APPROVED
On motion of Nile Boyle, seconded by Darlene Blackburn and unanimously carried, Dec 1,
1982 minutes were approved.
G. ~~
RE: BEER LICENSES APPROVED
It was moved by Nile Boyle, seconded by Darlene Blackburn and unanimously carried,
that the following beer licenses for retail .sale of bottled and canned beer be
approved and granted:
Circle K, Mighty Mite, Rexburg Food Center,
Albertsons, VI Oil, Safeway, Rex Tac (Hollist).
RE: JOHN GRAPPLE REQUEST FOR EXTENSION. ON TRAILER HOUSE LOCATION
The Mayor stated John Chapple had requested a hearing for an extension of time for
his trailer house location, and asked Mr. Chapple to state his request to the Council.
Mr. Chapple stated he needed at least a two-year extension and would either build
a house or put. in a double-wide mobile home; that his father would deed the land to
him. The matter was discussed. It was moved by Nile Boyle, seconded by Morgan
Garner and unanimously carried that Mr. Chapple be given a one-year extension and
if he had worked toward his goal and it was necessary at the end of that. time,
he request another year's extension.
RE: KEN AND DONNA BENFIELD REQUEST ZONING CHANGE TO ALLOW FOR A HORSE,ABANDONMENT OF ROAD
Ken and Donna Benfield, Jay and Jerri Willmore and Richard Smith were present regarding
the zoning of the Millhollow area to permit the Benfields to have a horse on their
property belonging to them within the City limits and also abandonment of a 16 foot
utility road adjacent to the Benfield and Willmore property, both Benfields and Willmores
purchasing under contract from Robert M. Sipherd, property directly on the other side of
the 16 food stripe.
The Mayor stated that. each .Council member had been furnished copies of letters from
Mr. Sipherd to Mary Smith, City Attorney, and Jay Willmore. The matter was discussed.
RE: STREET TO BE ABANDONDED, PROPERTY TO BE DEEDED TO ROBERT M. SIPHERD
Moved by Nile Boyle, seconded by Morgan Garner and unanimously carried that it would
be expedient for the public good to abandon the 16 foot road; .that it was not necessary
for City use other than for utilities and that the City reserve an easement on, over and
under the property for utilities ant! that the property be deeded to Mr. Sipherd the
record owner of the adjacent property on both sides to be handled by him with Benfield
and Willmores as stated in his letter to Mary Smith, which is attached to and made
a part of these minutes.
RE: MATTER OF ZOING PART OF MILLHOLLOW DRIVE TO BE REFERRED TO PLANNING & ZONING
The matter of zoning that part of the Millhollow Drive area immediately adjacent
to the City of Rexburg and residential property within the City zoned R1, was discussed.
The Mayor explained that Mr. Siepherd's sub-division plans and covenants for the
property in question immediately adjacent to the City R1 residential property had never
been presented to the City or County and that it should have been presented to the
City for approval. After discussion, it was moved by Sander Larson, seconded by
Darlene Blackburn,. that the matter be referred to the Planning and Zoning Commission
for study and. that apoll of the. property owners within a 300 foot area be taken
asking for their .recommendations.
RE: CITIZENS PRESENT TO DISCUSS UTAH POWER & LIGHT FRANCHISE
The mayor stated that David. Allen who was present, would like to make a statement
concerning. the proposed Utah Power & Light Franchise; that he would like the Council
to consider a term less thatn 25 years, such as 5 or 10 years. He stated that in his
opinion within the next few years many sources of cheaper power would be developed;
that he hoped the City could .raise the necessary $100,000 some other way than by
a franchise tax; that he represented himself and believed there should be less
government control. .
RE: MAYOR EXPLAINED NECESSITY OF FRANCHISE TAX
The Mayor explained the necessity for the franchise tax and that it was a fair tax
as it reached different organizations and entities thatwere not paying property taxes,
which placed an additional .burden on .the property taxpayers. The Mayor also explained
the necessity. of a franchise for the power company.
RE: SECOND READING OF FRANCHISE ORDINANCE N0. 651
Proposed Franchise Ordinance No. 651 was placed on its second reading by title only.
The mayor explained the third reading of the proposed ordinance by title would be
at the regular meeting of the City Council January 5, 1983; that
it has been introduced and read on Nov. 29, 1982 at length at a special meeting
of the Council
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F.ES^RIG'TI ~. CO:~ :'~1P1TS FO.~ TiIE 1dILL NOL~:-r SUt3AIVISIO,Y, ;
CIT1' fiF I;'c>'t7URC, J':'AUISfI~V CgU~JTY, IU~1lt0 ,
1. 11o Musa trai.tar; , tents ar sir~iZar facility shall be pexraittad on'
. thQ prbpertz! as Ziuirg quarters. ;
2. 1JaturaZ exterior su.^paces of Etvne, bricK stained good, etc.. are • •.
ercouragad on alt buildings. ~`lo bright, irterbe or pastel colors
.. sliaZt be used on exterior surfaces of ar.~ buildings, ~i.th the ezaeption
• of shades of of;=:cite or soft yello;~.
3. A minimum of 1500 square feet of living space Wi.QSe floor is at grvur~d
Zeuet or above, or•in the case of a house cui.Zt over tH.a crest, livir~
space on Zower ZeveZ can be ireZudeti if living space on at leash ons
side 3~.as floor ZeveZ a'oove ground. T;zis is required of aZZ irc,r^ss.
~• Thn. house, Laren c.^rrpZeted, will have a minzrrr~n valuation of $48,Q00,
. based on "1.97'6 do"Liar :~atuation. The 3~.ouse shalt ba completed rrititin •
onr near o,~ starting date.. • • ' •
5. Fart and garden equipment, old vehicles, trailers, bogta, vehicles
being repa;.red, compost piles, tirccinerators n- s~.cent; Z
. •• pe r r r ~ '~' Z ~ a Z c e h-
. hoe' 'r. vie~.~s aari.r so as to m irtair. the + y v
r y .t . •
• G. Amy corcrPte fo:trciation L.•aZZs tiaat era over 18 inches above the ground •
. sh~ZZ have their surfaces face3 Leith brick or ston.¢. - ~:
?. ldaturaZ ear*h tone shades axe to be enco:craged in choosing•house colors...
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November 4, 1982
Ms. Mary Smith
City Attorney
Rexburg City Offices
Rexburg, ID 83440
Dear Ms. Smith:
As Subdivider of the Mill Hollow Subdivision in Rexburg, Idaho,
I have been asked to write you and state our position concerning a
16 foot utility strip of property that we deeded to the City at the
time the Subdivision was approved and recorded.
We understand that the two parties interested in having the City
deed the 16 foot strip of property are Ken and Donna Benfield, who
own Lot 1 of the Mill Hollow Subdivision, and Jay and Jeri Willmore
who own Lot 2 of the same Subdivision.
Both parties are purchasing from us (under contract), the property
directly on the other side of the 16 foot strip that adjoins their
lots.
It is our suggestion that since both parties are purchasing the
additional property from us under escrow agreement; that the City deed
the 16 foot strip back to us; we in turn will immediately prepare a
quit claim deed to them and put it in escrow to be given them at the
same time they have completed payment and are given the deed to the
additional property they are purchasing from us.
This will protect us in retaining the same access we now have
to have access to the property should either party default. If we
did not have this protection and had to repossess the property, we
would endanger getting future access to it.
The 16 foot strip of property under consideration is that strip
North and also East of Lot 1 and East of Lot 2 as shown on the official
recorded Subdivision map. (See copy of partical map attached)
The City might also want to retain and give easements to the City
and Utility companies that have made or are planning underground contruc-
tion of utilities in the 16 foot strip. Power, water, sewer, and telephone
utilities were placed underground about the time the Subdivision was
first developed. Natural gas may have been .added since that time.
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We think that this request makes sense and could be carried out
without affecting other property owners as the property concerned is
at one end of a long 16 foot utility strip and not in the center. We
also feel. that it makes sense not to split pr.uperty owned on both sides
of the 16 foot strip by the same owner, so we will cooperate in resolving
the matter.
.Please let me know of how I can be of help and what action the
City plans to take.
cc: Ken#and Donna $enfield
Jay"and Jeri Willmore
Sincerely yours,
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Robert M. S:ip erd .
Subdivider, Mill Hallow Subdivision
2019 Maple Hollow
$ountiful, UT 8G010
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RE: CENTINNIAL CELEBRATION DISCUSSED, CITY SEAL TO BE USED ON NOVILITY ITEMS
The Mayor stated that the celebration of the Rexburg Centennial would be this summer
and the Centennial Committee was concerned that. many novelty articles would be sold using
reproductions of the City Seal; that the .Committee thought a charge should be made
for the use of the city seal and the proceeds given to the committee.
The Mayor stated the City would check into the matter. He also read the proposed
celebration agenda prepared by the Committee.
RE: SEMINAR TO BE HELD ON INDUSTRIAL. BOND AUTHORITY FOR CITIES, ATTORNEY SHOULD ATTEND
The mayor stated that the proposed Industrial Bond Authority for Cities had been .passed
in the November, 1982, election and that there was going to be a seminar on how the
procedure should be set up by the Cities and he proposed that the City Attorney attend
the Seminar.
RE : SNO~~ REMOVAL
The mayor explained that as far as snow removal was concerned, the City would do all
it could on regular time as there were no funds for overtime; that they would make
every effort to take care of emergencies.
RE: RESOLUTION PASSED FOR AGREEMENT WITH RAILROAD
A motion was made by Darlene Blackburn and seconded by Morgan Garner to pass a
resolution authorizing the City Clerk and Mayor to sign an agreement with the
Railroad. All Aye
RE: BILLS PASSED
Moved by Glen Pond, seconded by Sander Larson and unanimously carried tht the bills
be paid.
RE: ADJOURNMENT
Moved by Morgan Garner, seconded by Darlene Blackburn and unanimously carried that
the meeting adjourn.
c_
M o Porter
City Clerk, Rose Bagley
MINUTES OF A REGULAR MEETING OF THE
REXBURG CITY COUNCIL HELD JANUARY 5, 1983,
AT 7:30 O`CLOCK P. M. AT THE REXBURG CITY HALL.
State of Idaho)
County of Madison(
City of Rexburgl
Present: Mayor_ John C. Porter and Councilman James Morris, Gten Pond, Sander.
Larson, Nile Boyle and Morgan Garner, Councilwoman Darlene Blackburn was absent
and excused. Also present: Mary Smith, City Attorney, and Richard Horner, City
Treasurer. In the excused absence of Rose Bagley, City Clerk, Mayor Porter asked
Mary Smith to take the minutes.
Re: MINUTES APPROVED
Mayor Porter stated the first item on the agenda was .the approval of the minutes
of the regular meeting of the City Council held December 15, 1982. Glen Pond moved
the December 15, 1982, minutes be approved. Seconded by Sander Larson and
unanimously carried.
RE: MAYOR AND CLERK AUTHORIZED TO SIGN AGREEMENT WITH UNION PACIFIC RAILROAD
The Mayor stated the City had been negotiating with the Union Pacific to widen three
railroad crossings; that since the streets had been paved, curbed and guttered, the
streets were wider than the crossings and had to have barricades on the extended
sides; that they had reached an agreement about a year ago and that it had to be