HomeMy WebLinkAbout1984.05.02 CITY COUNCIL MINUTESsome of the items, and took 10% depreciation, and then we paid 75% just like the
insurance company had done for Brick Parkinson. On the actual work of cleaning
up and cleaning material we paid full value.
RE: 25~ FEE ON SEWER TO COVER CLAIMS DISCUSSED
Nile Boyle discussed putting a 25G fee on the sewer to cover this type of sewer
damages, it would bring in $5000 or $6000 a year. We should also set up a plan
on evaluation of % of payment. It was suggested that we set this up at the time
of budget.
RE: PROJECTS FOR SCOUTS
The mayor told the council that
projects to earn their Eagle Awe
to let him know.
A motion was made by Jim Morris
All Aye
A motion was made by Nile Boyle
All Aye
from time to time scouts are looking for
ord. He ask them if they knew of anything
and seconded by Glen Pond to pay the bills.
and seconded by Darlene Blackburn to adjourn.
.~ ,r
,E~-C
City erk, Rose, gle
i
Mayor Jo n C. Porter
MINUTES OF THE CITY COUNCIL MEETING
May 2, 1984
[;
State of Idaho)
County of Madison(
City of Rexburg)
A meeting of the City Council for the City of Rexburg, Madison County, held
May 2, 1984, at the City Hall.
Present were the following:
Mayor: John C Porter
Councilman: Sander Larson
Morgan Garner
Glen Pond
Jim Morris
Nile Boyle
Councilwoman: Darlene Blackburn
Also Present: Mary Smith, City Attorney
Rose Bagley, City Clerk
A motion was made by Darlene Blackburn and seconded by Sander Larson to approve
the minutes. All Aye
RE: GARY BROCK COMPLAINS ABOUT PRONOGRAPHY BEING SOLD IN REXBURG
Gary Brock was at the meeting, he wanted the city council to be aware that
there were two business in Rexburg that were selling pronography, and R rated and
X rated video movies. Three weeks ago he had gone to Junior High School and
had been in the mens room, there were three young men 13 and 14 years of age
looking at some of the filthist garbage that you could image. They looked over
their shoulders and told him they had bought it at so and so and they could also
buy this type of thing at so and so. -They dropped it in the garbage and he
picked it up to show the council. He said he was a concerned parent. He was
in the Marine Core and he saw what pronography could do to good men, they are
never the same. He said it was his understanding that this type of material had
to be behind the counter inaccessible to the minor. These three young boys had this
material and got it in Rexburg and were willing to tell him where they got it.
The council ask Gary what the names of the businesses were, he said they were
Horkleys and Circle K, and there are two out of the city; Horkleys out of the
city and the Mini Mart. Mayor Porter said three or four months ago he had
discussed this with the Police and they had visited these places and were
reassured that they would take that type of material out of their places. Nile
Boyle and Sander Larson .said they had received complaints. The mayor said
they would do everything they could to take action against those people. Mary
Smith said we do have state laws against it and she would check with the
County Attorney. Mayor Porter said Idaho Passed a law and it is pretty tough.
RE: CHAMBER OF COMMERCE DISCUSS PROMOTING INDUSTRY DEVELOPMENT
Randy Schwendiman and Brad Liljenquist for the Chamber of Commerce was at
the meeting. Randy Schwendiman made a presentation. He said they have two
or three purposes to promote Industry Development. Rexburg and Madison County
are behind as far as attracting new business. He passed out information to
let the people know what other communities and towns are doing. Cities are
buying jobs for their cities and communities. They would like to make available
Industrial Revenue Bonds and that will either take the approval of the county
or the city. SBA 503 programs is another method of financing or another one
is a Revolving Loan Fund which is made available through the community. There
are two things that they would like the cities support on, (1) see if the money
that is available for the new building or some of it would be made available for
a revolving loan fund and let the building be built through a lease purchase plan,
(2) the other area is an Expo will be held in San Francisco this fa1l.They are
sending out 30,000 invitations to Businesses to come to the Expo. They will
be showing what is available for those businesses. The Chamber want to
send two people from here to have a booth to show what is available in
Madison County, and they would. like the city's support and possible help
financially.
RE: REVENUE BOND LAW PASSED, COUNCIL APPROVED PREVIOUSLY, COUNCIL TO SUPPORT CHAMBER
Mayor Porter said after the Revenue Bond Law passed, the council talked about it
and went on record as saying they approved it and excepted it if anyone needed
it. The city attorney went to Idaho Falls to attend a sponsored class to let
us know how to go about it. After the flood we ran the water line under the
river with the idea in mind that out in that area we would have an industrial
park, and at that time the city did try to set up a commettee and contacted the
owners of most of the property out there, but did not get enough interest. He
said we also have the sewer out there. So there has been an effort made to put
the city in a position so we could support an industrial park. He said we
would be willing to go along with the chamber on the Revenue Bond. Mayor Porter
told them the city would try to support the Chamber in anyway they could. He told
them that the State of Idaho, DECA Program, will receive requests for sighting
of industry around the state, if they had something that would show employment
possibilities due to students at Ricks College or the employment pool that is
available or the type of employment, when they get a request they could send the
request to the people that are requesting it.
Sander Larson suggested when the new fiscal years begins, and they are approching
their trip it would be well if the city could review their situtaion and see what
they could do to assist them. Mayor Porter told them that the City of Ririe has
a Kraft Plant and also a potato plant. They have a revolving loan fund that has
been granted. ECIPDA think we can get involved in that. If we do they will
borrow money at a lower rate of interest than you can get on the market. At
first there are a lot of strings attached to the money that you loan on this
Grant that comes from the .federal government, but once it has been used and paid
back again it becomes local money, and then the local people can set up rules and
regulations. He suggested that they contact ECIPDA and find out about it, and
they think they will have a surplus to loan.
RE: PUBLIC HEARING FOR VARIANCE FOR J. D. HANCOCK
8:00 P.M. Public Hearing for a variance for J. D. Hancock to put his apartment
10 feet from his back property line.
Mike Jolley - As land owners that live around there, we don't want them in our
back yard, and we don't want them built quite so high.. We want to keep them
with their set backs as required by zoning. He ask if they don't have to have
enough parking for the apartments, he was told they are. He ask how Reed Wyatt
could build a six plex on R2 Zone. The mayor told him he could not and was at
the meeting to get it straightened out. He was oppose to the variance.
Frank Jenkins- He lives directly south. It is his understanding with the
council that there had to be a precept of the people that are adjacent to the
property that are willing to go along with it and he for one wanted to say that
he is against it, and he would also like to have Reed Wyatt tear down the top
of his apartment. He said he opposed the variance for J. D. Hancock and also
the apartment of Reed Wyatt.
Garn Thueson- Owner of property right in back of J D Hancock propert}= and Reed
Wyatt property. I didn't think it was right that they should change the city
ordinance for. one building and not another. He felt that there wasn't enough
parking area for the six plex. He wanted to go on record as being opposed.
Wendell Archibald - He said he did not like it, and you couldn't see anywhere..
He felt the six plex was too high and it boxes you in. It will also make too
much traffic. If you are talking about 3 more apartments it will shut the
whole block off. He is oppose to the variance and the height of the buildings,
if they are kept within the code and keep them down lower so you can see it
would be better.
Frank Jenkins- He said he thought that everyone adjoining the property are
opposed.
J. D. Hancock ask the people what they are oppose to his variance or the 6 plex.
They are oppose to both. He would like to make a public record that when Mr.
Jenkins built his twelve units, he didn't get permission until they were built.
The only thing Mr. Hancock was asking for is a 10 foot back lot instead of 20 foot.
He showed the group his plans. It would not be as high as the 6 plex. He
explained that they have 16 parking places which would be ample parking. Sander
Larson ask J. D Hancock if the difference in the footings is not available how
many apartments would he build, he would build a four plex and a three plex
with adequate parking.
A motion was made by Nile Boyle that the variance be denied, seconded by Morgan
Garner. All Aye.
RE: REED WYATT PRESENTS PLANS FOR A 6 PLEX ON R2 ZONE
Reed Wyatt was at the council to present plans for a 6 plex. Mr. Wyatt built
a 6 plex apartment on R2 zone with a building permit for a 4 plex. Mr. Wyatt
had gone before the Planning & Zoning and they had recommended that the property be
re-zoned to R3 which would allow the 6 plex. Mr. Wyatt said he did not intend to
to violate the ordinance. He claimed that he had got a copy of the zoning ordinance
and claimed it was incomplete. There is enough land to build a 6 plex on the
property according to the zoning book. He said the height would have been the
same regardless if he would have built a 4 plex and a 6 Alex. He said he was going to
build a high pitched roof but instead as they were constructing they decided to
add two more apartments making a 6 plex rather than building another apartment
house and using more land. He is a Landscape Archetect and is concerned with the
beautification of the land, and wants to beautify the neighborhood. He does have
enough parking. Jim Morris ask him when he decided to build a 6 plex. Mr. Wyatt
told him he decided to when he was ready to put on the roof. Jim Morris said he had
a permit for a 4 plex which Mr. Wyatt .signed and paid the fees so he knew what
he was building. Mr Wyatt said he did not question building a 6 plex because of
the zoning book. Jim told him in the zoning laws it does say you have to have
a building permit. The reason that we have building permits is to be able to
control the ordinances. He said he did intend to come and pay extra money. He
could vary easily change it to a 4 plex. Mayor Porter told him he was in
compliance with a two story building, but not with a 6 plex. Mr. Wyatt said he
didn't think that the height of it was any higher than a single family residence
across the street. The mayor told him if he would have go an application ofr
a building permit for the 6 plex, the building inspector would have told him he
could not build it. Mr Wyatt said when Mr. Brown came to check the fire wall and
saw the 6 plex being constructed, he told him it was not in compliance but he
then got a letter from Mary Smith and after reading it we decided there wasn't
any problem because we had the room for the six ples. Mayor ask him if he
had the letter, Mary Smith said she did not remember writing the letter. Mr.
Brown had told the mayor that he had told Mr Wyatt only that he could have two
stories. Glen Pond explained to him that in the R2 zone it does not say you can
have a 6 plex, and instructed him that he should have got the correct building
permit. He was instructed that the reason he had not got the white copy of the
building permit, was because he was not in compliance and had built a 6 plex
with a permit for a 4 plex.
Sander Larson said it would appear from what the Planning & Zoning has indicated
that there was an assumption on Mr. Wyatt's part and an assumption on Mr. Brown's
part so we are at the point as to what are going to do. It is there, and is built
to a certain height and Mr. Jolley is concerned about anymore building on the land.
~ U :'
He is aquainted with the landscaping that Mr Wyatt does and he does a good job
so when it is completed it will be an attractive building for the neighbors to
enjoy. He suggested that there be an .extra fee attached, the parking could be
adjusted. If we give a variance it could have a stipulation that no further
building be permitted on the lot as part of the penalty for what has happened
that would protect the neighbors in the back as well because of the concerns
they have with what is there. Glen Pond siad one of the concerns of the
Planning and Zoning as they reviewed it was if we let it exist as it is in
non compliance in the zoning area we will have others that may feel they
can go out and build and once they get it built they will come in and say well
is is built so lets leave it as it is. Is there penalities that are imposed
or are there not. That is why the Planning and Zoning came up with three
options, (1) to re-zone it to R3, (2) grant a variance (3) or change it to the
4 plex.
Mayor Porter told Mr. Wyatt to go ahead and draw out a sketch as to what
he could do if he leaves this as a 4 plex and then adds a 2 plex, and let
the neighbors see what can be done if they don't allow this.
RE: PUBLIC HEARING .FOR A VARIANCE SET FOR REED WYATT
A motion was made by Nile Boyle to set a Public Hearing for a variance for
the first Wednesday in June at 8:00 P. M. for the property of Reed Wyatt.
Seconded by Morgan Garner. All Aye.
RE: BIDS FOR REPLACEMENT OF SEWER LINE
Harvard.
Mayor Porter told the council that at 2:00 P.M. he and De Lynn Edsgrom
had opened the bids on replacement of 600 feet of sewer line on 2nd South and
Superior Excavation $6900
Edstrom Construction 7097
Zollinger Construction 9995
0 & F Construction 13,540
After a study of the bids he and De Lynn had decided it should be awarded to the
low bidder Superior Excavation for $6900. A motion was made by Darlene Blackburn
and seconded by Sander Larson to wward the bid to Superior Excation. All Aye.
The council then discussed that it was not clear on the bid if it would include
asphalt. Mayor Porter said he would get that clear if ied and get it in writing.
RE: TRI STATE TIRE REQUESTS TO DRILL OWN WELL AND PUT IN OWN SEWER
Artell Hepworth of Tri State Tire was at the meeting he told the council they
were in the process of constructing a retread plant on the other side of the
canal by Walters Concrete. The problem they are having is with the water and
sewer. He had contacted them last fall to see how they could hook up to their
system. This property is down in a hole. They came back with an engineering report
from Forsgren & Perkins and told him at that time under the conditions he could
have his own water and sewer system. He didn't do anything until this spring
and he sunk a well and is in the process of putting in his own sewage system.
De Lynn Edstrom came around and said we need a special variance for this,
and verbally last fall he told him it would be okay to go either direction.
He said there is no real. advantage to have their own well except they can't
get the city water & sewer without going through the canal. The sewer is only
6 feet under the street and to go under the canal we would have to put a pumping
station in. The sewer from Sugar City is running right past their building,
but it is high pressure and he did not want to tap into it. .Sander Larson
suggested that the council take it under advisement for 24 hours and give him
an answer at that time.
RE: ED STROBEL THINKS CITY SHOULD BUY PORTER BUILDING
Ed Strobel was at the meeting and suggested that if the city required that
everyone that got a building permit would have to post it on the building then as
a constant reminder to all the contractors they would know what was to be built.
He had looked at the old city hall location and felt that it was a prime location
for a retail store. He would suggest that we need a building more this proportion.
He would suggest that the city and county go into together and get an option
on the building. He felt that this building is perfect because it is adjacent to
the County Courthouse. He would be opposed to the old location.
RE: CITY HALL DISCUSSED
Jim Morris told him the old location had more square feet on a single floor than
this building, and we were using only 75% of the old City Hall. Morgan Garner
ask Mr. Strobel where he was when we had a public hearing.
RE: TETON PIPE LINE ASSOCIATION DISCUSS RENEWAL OF LEASE
~"
De Mar Bott was at the meeting to discuss the lease the Teton Pipe Line Association
has with the city. They want to renew the lease. Mary Smith told him that the lease
has already been signed by Rex Ard before his death.
RE: ART PORTER DISCUSSES WATER LINE ACROSS THE RIVER
Art Porter was at the meeting, he said he would like to say something. He was in
favor of the Chamber getting Revenue Bonds. The 8" line is totally inadequate for
their business. Because of the heavy requirements of the insurance company, they
required a 14" line so they drilled four wells to put in their own water system.
Before the city runs another line out there, Porters have enough water for a
lot of building and would be willing to sell the water.
RE: ART PORTER DISCUSSES THE CITY BUYING HIS BUILDING
Art Porter passed out some cost figures on the building (copy attached). After
he had read the newspaper reports when he got back, he felt that they gave a
misconception of the cost of the two buildings. People don't realize that the
figure of $180,000 for this building includes a lot of property, with a paved
parking lot. There is more than twice as much land as you had at the old
city hall. He explained the cost sheet, explaining that he would refund the
rent that has been paid on the building. He said. he was willing to take the
property at the old location in as a trade for $22,000. He had a plan for Paul
Jensen that would put this building all on the ground floor, and leave the whole
upstairs for future use. For a comparison, Dale Walker had told him that the
Chiropractor on the corner paid $55,000 for the ground. The figure he gave for
a cost per square foot is $20.33 compared to $45.00 on a new building which
includes the estimated remodeling.
Nile Boyle said in the last week he had four different ladies come in and made
comments that the city should stay in this building. Art Porter sadi the
county is interested in the builing, Dell Klinger called the city about wanting
us to stay here and it wasn't in the paper.
RE: DOYLE PEARSON LAW SUIT TURNED DOWN
Mayor Porter told the coucil that the city has another law suit, Doyle Pearson
claims the gas water heater was hooked up wrong, and inspected wrong. This .was
clear back when Gilbert Larson was mayor. A motion was made by Glen Pond and
seconded by Jim Morris to turn down the Pearson claim. All Aye
RE: IVY SHERARD CLAIM TURNED DOWN
Mary Smith told the council that on the Ivy Sherard claim, she was increasing it to
$450,000. A motion was made by Nile Boyle and seconded by Jim Morris to turn the Sherard
claim down. All Aye
RE: VICTOR MENDOZA REQUESTS TO HOOK ONTO THE SEWER
The mayor told the council that Mary Smith had worked out an agreement with
Victor Mendoza for him to hook onto the city sewer. We have taken a lean on their
mobile home, he had put $100 down and $100 per month. Glen Pond thought the
mobile home needed to be inspected. The mayor told Glen he could go out and
inspect it.
RE: 4th SOUTH. NEEDS TO BE RE-PAVED
Mayor Porter discussed the paving on 4th South, he felt that it had a lot to be
desired. John Millar of Forsgren Perkins has written a letter to Tiger Asphalt
telling them they will have to re-do the street.
RE: CALDWELL HAVING A MARITHON
Caldwell is having a Marithon and they would like us to send a team over there.
He suggested to get Max Brown to take a team over from the City of Rexburg.
,~;=;
RE: 4 WAY STOP AT 3RED WEST AND lst NORTH DISCUSSED
Mayor Porter ask the council if they had made a decision on the 4 way stop on
the corner of 3rd West and 1st North. Jim Morris said he had made a survey just
as school let out and most of the kids don't cross at the intersection. Sander
Larson said from the Railroad tracks to 5th West is a straight shot without a
stop sign. Nile Boyle said the stop sign had been switched for a reason, to
slow the cement trucks down. Jim Morris and Morgan Garner said they observed
that the people traveled the speed limit on that street. The council suggested
that the police run a radar check once in a while and the council would discuss
it later.
RE: STATE PARK PEOPLE HAVE NO OBJECTION TO TURN THE PARK OVER TO SCHOOL
The mayor said he called the State Park People and they have no objection
with turning the park over to the school. They will have to sign the same
agreement of operation that the city did. Nile Boyle said if we are going
to keep the football kids out of Smith Park like we talked about last year,
it should be part of the same agreement. He said you can go over there now
and see the damage they do. They will have to realize that anyone that wants
to use the park for the playground or ballfield, they will .have to let them.
They can establish a slight fee.
RE: NEW INSURANCE DISCUSSED
The mayor and Richard had met with Gary Archibald and went over the new
insurance policy. The mayor thought we have a better company. They have
a clause in it that if we buy a new vehicle it is automatically added to the
policy and we pay the increased preimum at the end of the year.
RE: STREETS TO BE CHECKED
The mayor ask Morgan Garner if he would drive around and see what streets
need to be repaired.
RE: SUB DIVISION ORDINANCE
Glen Pond reported on the Sub Division Ordinance. He said the Planning
& Zoning went over the ordinance word by word and Mary Smith wa~at over the
ordinance. It is the recommendation of the Planning and Zoning that the
Sub Division Ordinance be approved. The council reviewed page 17 on the
width of the streets, that would be a change of width, and also the clause
about mail service provision. The council agreed with the changes. A
public hearing was set for the lst meeting in June.
RE: HATHAWAY PRELIMINARY PLAT
The city council reviewed the preliminary plat for a new Sub Divison proposed
by Gale Hathaway.
RE: REPORT ON TELEMETERING
The mayor discussed the telemetering. He had notified Forsgren Perkins
and American Systems and told them they have got to get some action on it
or we will have to take action.
RE: FINANCIAL REPORT
A financial report up to date will be ready in four or five days and the mayor
thought we should have a special meeting and go over it.
A motion was made by Glen Pond and seconded by Sander Larson to pay the bills.
All Aye.
RE: DECISION ON TRI STATE TIRE
Nile Boyle siad he thought Tri State Tire should be able to do what ever is best
for them on the water and sewer as long as he gets the State okay, council agreed.
A motion was made by Sander Larson and seconded by Nile Boyle to Adjourn. All Aye
'Vvl~ ~ `~~' /'v"~'
M John C. Porter
~~;
%~
Rose Bagley, C' C
1
COMPARATIVE CO5TS ON REXBURG CITY HALL
To Rebuild on Old Site:
Construction (architect's estimate) $205,000
Architect's fee (8 a) 16,400
Rent on Porter building to Oct. 30, 1984 15,600
Moving expenses 3,500
TOTAL--------------------------------------$240 , 500
To Purchase and Remodel Porter Building:
Building and land $180,000
Less rent to July 1, 1984 10,800 $169,200
Remodeling Costs (builders estimates- 52,500
Architect's fees (80) 4,200
$225,900
Less credit for trade of old building site 22,000
TOTAL_____________________...________-_____ _-$203,900
COSTS PER SQUARE FOOT, BUILDING vs. REMODELING
To Rebuild Old City Hall: (5800 sq. ft.)
Construction costs $240,500
Land value @3.80 per square foot 22,000
(58x100-5800 sq, ft.)
$262,500
COST PER SQUARE FOOT OF FLOOR SPACE-----------------45.26
To Remodel Porter Building: (8700 sq. ft.)
Building and Remodeling $176,900
Land value @3.80 per square foot 49,000
(66x195.5=12,903 sq. ft, Includes
8,481 square feet of paved parking)
$203,900
COST PER SQUARE FOOT OF FLOOR SPACE--- -------------20.33