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HomeMy WebLinkAbout1983.05.18 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING May 18, 1983 A meeting of the City Council for the City of Rexburg, Madison County, held May 18, 1983, at City Hall. Present were the following: RE: APPROVE MINUTES Mayor: John C. Porter Councilman: Jim Morris Glen Pond Morgan Garner Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, Treasurer 1 A motion was made by Morgan Garner and seconded by Glen Pond to approve the minutes. All Aye.. RE: FIREWORKS PERMIT The mayor read an .application for a Fireworks Permit for John Wade Nelson at the Safeway Parking Lot. He had paid his $10.00 fee. A motion was made by Jim Morris and seconded by Darlene Blackburn to approve the permit. All Aye. RE: ROBERT FARMSWORTH CONDOMINIUMS Robert Farmsworth presented a final plat for his condominiums, these were the apartments that were known as Glenbrook Apartments. It is referred to as the Homestead Condominium project. They had the plat prepared in conformance with the preliminary plat. When the preliminary plat was presented to the council, they approved it with the building constructed as it was. They had the declaration of covenants reviewed by a local attorney, Mr. Eames, and had it re-typed. The city engineer has made an .approval of these by a letter, but has not signed it. He needed to have the approval of the city council and to obtain the signature of the mayor he would then obtain the other signatures and file it. A motion was made by Darlene Blackburn and seconded by Morgan. Garner to approve the plat and authorize the mayor to sign the plat on behalf of the city. All Aye. RE: SEWER CONDITION AT REXBURG HEIGHTS Jerry Rigby, representing Rexburg Heights, was at the meeting. He said the purpose of his being here is they had a meeting of their Sub Division with Richard Horne from the Health and Welfare Department about the sewer condition up there. The main concern was there was talk some time ago where the Sub Division petitioned the council to be annexed, and at that time there was a main concern as to whether animals should be part of the covenants. After talking to Richard Horne there was at least the majority of the people there that said they would compromise on that part of the covenants. They realized that there was a need to be annexed, and the question was how's the best way we could do it. They were wondering if they made a petition, and if they actually changed and amended the covenants, if the city would annex them with a type of zoning ordinance or variance that would comply with the amended covenants. The amendment to the covenants that he had prepared would ask that the covenants be amended as far as animals were concerned to allow no more than two horses and also the domestic animals. They would like to know if it would do any good to circulate a petition with this amendment and if the city would annex them into the city with this amendment. He thought he would have about 75% sign the petition they are sending around to amend the covenants. The purpose of coming to the meeting tonight is to find out if they got the petition signed to amend the covenants, what would be the cities position. Mayor Porter said someone talked to him about it, and they asked if it would be okay if it was grandfathered, but the amendment would be to keep the animals permanently. Jim Morris asked if they were talking just horses or other animals. Jerry Rigby told him it would be just horses. He asked if the group was against Grandfathering. Jerry said they were against that, and the two horses were an attempt to compromise. Jerry Rigby said he was aware of other cities which did allow for horses depending on the size of the lot. Glen Pond asked if the main reason for the annexation was because of the sewer problem. Jerry said it was. Glenn asked the mayor if there was a possibility to hook to the city sewer and pay the same as they do for water. Mayor Porter said there were three possibilities: (1) to annex to the city; (2) is to form a sewer district, the only problem with that is they would have to have someone i`, to collect the assessment and they would have to set up some kind of an organization and pay a little extra for administration and they would have to have someone to maintain the sewerline; (3) they could have the county .form an improvement district. The county would then have the responsibility to administer everything, then, of course, they would hook onto our sewer system and it would be just like out water. They would have to pay whatever the fee is, in addition, people over to Sugar City outside of the city that hook onto the sewer pay 50% more. Someone would have to take care of the maintenance of your system. The mayor didn't think the county could do it because they don't have a sewer department like the city does. They would have to get the commissioners to set the improvement district up and the county would have to administer it. RE: GRANDFATHER CLAUSE--REXBURG HEIGHTS Richard Smith discussed the Grandfather Clause. He said it was his understanding there was no Grandfather Clause provided for in the Restrictive Covenants. It was a pre-existing use. He said he would like to clarify the difference in the Grandfather Clause and pre-existing use. Some of the councilmen said if treated with the Grandfather Clause, the use would be allowed to continue until the land ownership changed, but under the pre-existing use laws he was sure that if the city annexes and imposes city ordinances on a land owner, that they allow that person to come into the city on a pre-existing use. Once again that use ceases regardless of a change in ownership, then the pre-existing use is gone, and they are no longer allowed to commence that use again. Mayor Porter said when the animal ordinance .was passed, it stated there was a termination for 90 days of animals on the property, and then it is automatically through. and it doesn't say if there is a change of ownership. If set up for special zoning, like limited commercial, then if the ownership changes, it goes back to the zoning it was before. Clair Boyle said he would like to comment. He has three horses regardless of how the Grandfather Clause was, as Richard Smith interprets it, and he didn't think it should be an issue. He said he did not want his horses to effect the health hazard of the people in that area. Tt would cost him several thousand dollars to get rid of his horses or to relocate, and he said he cannot see cutting an acre and a half lawn every other day. He would be the first to stand in line and say lets get the sewer taken care of. He said he thought pressure was put on the people the other night to .make them decide in one night to do this or else. He felt other possibilities should be investigated. He said if they annex in the city, there is no way he can keep odors from his neighbors. He said it was a hard job keeping it cleaned up now. Richard Smith said he thought once the area is annexed with a pre-existing use or with a variance for animals, down the road the health department and the neighbors would make it so miserable that sooner or later the animals would be gone. He said he thought it would be a mistake to annex under any kind of variance. If it is going to be part of the city, it needs to live by the same rules that everyone else does. He said the conditions up there do not merit the fact that animals can be up there. Nolan Critchfield - He said he just recently moved up to Rexburg Heights and was unaware of the situation. He said in reference of Clair Boyle, he does take care of his horses and is a good neighbor. He said he thought we should take a look at all issues and look at it realistically. Ellis Miller - He said at the meeting last week with the health department the majority was still in favor. of still having animals. There are people up there that feel that when they do sell, it would be a good selling point to have those animals there. He said he thought that the snow machines were a bigger menace than the animals. He said the septic problem is the reason we need to annex. Jim Morris said no one is forcing you to annex to the city. He said if you are in the city there will not be snow machines on the streets. John Walker - He said the thing that has .always bothered him is the shallow soil., and the lava rocks are so close to the surface and the slope of the land. The restrictive covenants say they can have animals, but when it was made up they did not know about the soil and the movement and as a result, we are having a problem with the sewer. You can't ask the city to provide sewage for animals as well as the people. Mayor Porter said if they annex and get an improvement district set up to put in the sewer, they need also to put in curb and gutter on the streets, because you have a problem to hold the streets in. Glen Pond said in answer to Jerry Rigby's first question, as far as the city is concerned, no we could not live with the two horses. They would have to go back to the Planning and Zoning and sell them on the idea. As it stands now, he did not feel like the city would want anything to do with two horses per lot. 1 .. 1 Sharon Grover said with regard to Clair Boyle, last summer one horse coral was declared a health hazard. Richard Smith said with reference of what Mr. Miller said he could appreciate his concerns about continuing to have these rights, but you also have to weigh that against the fact. as to whether you want to be in a city. If you are going into the city, you should go in subject to city ordinances. Jim Morris said he would speak for two council members, that is they stated they didn't mind the horses that are there, and with the pre-existing use of the land and it would have to be written in. If you have horses now, you will have horses, but if you don't have horses you don't have horses, you can't bring horses back and you can't add to what you already have and when you sell you have lost that part of it. Mayor Porter said he felt that the feeling of the council was that the annexation should come under the present zoning laws and also the present sub-division ordinance which states that each sub-division has to have curb and gutter. He said the streets would not last very long if they do not have curb and gutter to protect the edge and the run off. Mayor Porter told them the value of their property would increase in value with sewer and curb and gutter. If they annex, the city would set up an LID as soon as possible, but it does take a while to get the LID through. Mayor. Porter said he would check on the costs. Clair Boyle asked if they annexed could he keep his horses. The mayor told him they would take them in under the pre-existing use law. He said it was his experience that usually after a while you take the horses out because someone complains there is problems. Mayor Porter said there are certain advantages to annexation. (1) the water bills would go down 50% and (2) you wouldn't be paying the extra property tax for the fire district. RE: ORDINANCE 652 City Attorney Mary Smtih read Ordinance 652 to adopt the 1982 Uniform Building Code. AN ORDINANCE REPEALING SECTION II AND III OF ORDINANCE 527 OF THE CITY OF REXBURG, IDAHO, AND ADOPTING THE UNIFORM BUILDING CODE, 1982 EDITION, TOGETHER WITH AMENDMENT AND REVISION THEREOF WITH THE INCLUSION OF APPENDICES; PROVIDING THAT FROM AND AFTER MAY 23, 1983, APPLICANTS FOR CONSTRUCTION, REPAIR OF AND REMODELING OF ANY BUILDING SHALL PAY THE CITY CLERK FEES ESTABLISHED BY THE CITY COUNCIL; REPEALING ALL ORDINANCES AND PART OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by Councilman Jim Morris and seconded by Councilman Morgan Garner that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be number 652. Those Voting Aye: Darlene Blackburn Morgan Garner Glen Pond Jim Morris Those Voting Nay: None r Ordinance 652 was then placed before the council. The mayor then called for the voting of final passage of the ordinance, and the motion was made by Morgan Garner and seconded by Glen Pond that ordinance 652 be passed. Those Voting Aye: Darlene Blackburn Morgan Garner Glen Pond Jim Morris Those Voting Nay: None The roll showed all councilmen present voting "Aye" carried, the Mayor declared that the majority of all the members of the City Council had voted for the passage of said Ordinance, and that said Ordinance was duly and regularly passed. Mayor Porter declared the motion carried. RE: ORDINANCE 653 Mary Smith read ordinance 653 adopting the 1982 Uniform Plumbing Code. AN ORDINANCE REPEALING ORDINANCE N0. 6I6 OF THE CITY OF REXBURG, IDAHO AND ADOPTING THE UNIFORM PLUMBING CODE, COPYRIGHTED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, 1982 EDITION, FOR THE CITY OF REXBURG, IDAHO; PROVIDING FOR THE ADMINISTRATIVE AUTHORITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES. IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by Councilman Darlene Blackburn and seconded by Morgan Garner that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered. Those Voting Aye: Darlene Blackburn Jim Morris Glen Pond Morgan Garner Those Voting Nay: Ordinance 653 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Darlene Blackburn and seconded by Morgan Garner that ordinance 653 be passed. Those Voting Aye: Those Voting Nay: The roll showed all councilmen present voting "Aye" carried, the Mayor declared that the majority of all the members of the City Council had voted for the passage of said Ordinance, and that said Ordinance was duly and regularly passed. Mayor Porter declared the motion carried. RE: ORDINANCE 654 Mary Smith read ordinance 654 adopting the 1982 Uniform Fire Code. AN ORDINANCE ADOPTTNG THE UNIFORM FIRE CODE, 1982 EDITION, COPYRTGHTED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND WESTERN FIRE CHEIFS ASSOCIATION, TOGETHER WITH AMENDMENT AND REVISIONS THEREOF WITH THE INCLUSION OF APPENDICES; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by Councilman Glen Pond and seconded by Councilman Jim Morris that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 654. Those Voting Aye: Those Voting Nay: None Darlene Blackburn Jim Morris Glen Pond Morgan Garner None Darlene Blackburn Jim Morris Glen Pond Morgan Garner None ~~ 1 Ordinance 654 was then placed before the council. The Mayor then called for the voting for final passage of the ordinance be passed. Those Voting Aye: Darlene Blackburn Jim Morris Glen Pond Morgan Garner Those Voting Nay: None The roll showed all councilman present voting "Aye" carried., the Mayor declared that the majority of all the members of the city council had voted for the passage of said ordinance, and that said ordinance was duly and regularly passed. Mayor Porter declared the motion carried. RE: ORDINANCE 655 n J Mary Smiih read ordinance .655 adopting the 1981 Electrical Code. AN ORDINANCE REPEALING ORDINANCE N0. 593 OF THE CITY OF REXBURG, IDAHO AND ADOPTING THE NATIONAL ELECTRICAL CODE, 1981 COPYRIGHTED BY THE NATIONAL FIRE PROTECTION ASSOCIATION INC. FOR THE CITY OF REXBURG, IDAHO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME. EFFECTIVE. A motion was made by Councilman Glen Pond and seconded by Jim Morris that the rules requiring and ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 655. Those Voting Aye: Jim Morris Darlene Blackburn Morgan Garner Glen Pond Those Voting Nay: None Ordinance 655 was then placed before the council. The mayor then called for the voting for final passage of the Ordinance, and the motion was made by Jim Morris and seconded by Glen Pond that ordinance 655 be passed. Those Voting Aye: Jim Morris Darlene Blackburn Morgan Garner Glen Pond Those Voting Nay: None The roll showed all councilmen present voting "Aye" carried, the Mayor declared that the majority of all the members of the city council had voted for the passage of said ordinance, and that said ordinance was duly and regularly passed. Mayor Porter declared the motion carried. RE: DAMAGED MOTOR CYCLE ON ROUGH ROADS Mayor Porter told the council when the road on 2nd West was under repair, where Rasmussens put that building in, while the spot in the road was rough a fellow went over it on his motor cycle and hit the bump and did some damage to his motor cycle and he wants the city to pay for the bike. We sent it to the insurance company and they said anything under $250 we have to pay,. the total cost is $113.26. Morgan Garner said he got in touch with Rod Matkin from the Street Department one day because it was rough and had them fill it and smooth it up, it was left a little too long at times,he thought they should have kept a little closer eye on it. The council felt that the contractor should be responsible for the accident. Mary Smith said if she was sueing anyone, she should sue the city, the contractor and the property owner. A decision was made by the council to deny the claim and pass it to the contractor. RE: SELLING DOGS WITHOUT A LICENSE Mayor Porter said when Benfield was at the council meeting, he mentioned there were some people on Millhollow that had some dogs they were raising and selling. We sent an application to them for a business license and they wrote back and said they were not in the business. We do have a non-commercial kennel license which they should get, anytime they have more than three dogs. Then Mary Smith was instructed to send them a letter. RE: CRAMER PROPERTY Mayor Porter asked Mary Smith if she had done anything on the Cramer Property, we have been getting more complaints in the city hall about it. RE: STATE CONVENTION Mayor Porter reminded the council if any of them are going to the State Convention in Twin Falls, they need to get registered. Because the people that are going to the convention need to leave on June 15, it was decided to change the June 15 council meeting to Tuesday, June 14. RE: TABERNACLE ON PAYING BASIS The mayor reminded the council that we had a committee headed by Glen Pond to get the tabernalce on a paying basis. He has been. approached by the Hystorical Society that they would take the whole thing over and run it except we would take L care of the grounds. He didn't think they would want to do it until the Centennial is over. We would have to work up a lease with them. The council. thought it would be a good idea. RE: CONCESSION STAND The mayor said there is a concession stand at the community park and that is where all the water controls are. The school also uses it in the summer and in the fall they use it as a refreshment stand. He thought we should work out a lease agreement with the school so when they are using it they pay the utility costs on it. The mayor suggested that Jim Morris negotiate with the school. RE: BILLS A motion was made by Glen Pond and seconded by Morgan Garner to pass the bills. All Aye. RE: SCOUT TROOP TO PLANT TREES Jim Morris told the council that there is a scout troop that is going to plant some trees at the Park Street Park. RE: ADJOURNMENT A motion was made by Morgan Garner and seconded by Glen Pond to adjourn. All Aye. d~ ~ ~/ M or C. Porter City Clerk e ey MINUTES OF THE CITY COUNCIL MEETING June 1, 1983 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held June 1, 1983, at the City Hall. Present were the following: Mayor: John C. Porter Councilman; Sander Larson Glen Pond Morgan Garner Councilwoman: Darlene Blackburn RE: APPROVAL OF MINUTES A motion was made by Glen Pond and seconded by Darlene Blackburn to approve the minutes. All Aye. RE: REPORT FROM PLANNING & ZONING COMMITTEE Mayor Porter discussed the report from the Planning and Zoning Committee. One thing they want the council to do is something about the 50 foot Lots. Glen Pond, the council representative for the Planning & Zoning, told the council the committee recommended that variances be considered on 50 foot lots if the proposed new structure is similar in use to the most recent structure on the property. And if the property owner wants to change the use of the property, it would be considered on a case by case basis using the applicable zoning regulations. Mayor Porter said he thought a 50 foot lot, unless they can purchase some more property on the other side, we should give a variance and let them build a similar structure as it was before and consider it on a case by case basis concurrent to the Planning & Zoning recommendations. RE: ABANDONED HOUSES `1 Another thing they discussed was abandoned houses. He said we have had some complaints. There is one on 2nd East between 1st and 2nd North. Mary has talked to those people, and they have agreed to tear it down, but they want two months