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HomeMy WebLinkAbout1985.06.05 CITY COUNCIL MINUTES RE: JIM GORDON HOUSE ON 2nd SOUTH AND LINDEN The mayor told the council that Jim Gordon had built a house on 2nd South and Linden. He has put a sidewalk on Linden, but there isn't any sidewalk on the south side of 2nd South and he would like to forego putting a sidewalk on that side because there is a big hole. A motion was made by Nile Boyle to give him a variance on the side- walk on 2nd South until such time as the other people on that street put sidewalks in. All Aye. RE: MEETING WITH GIBBONS COMPANY The mayor said Rose and Mary had a meeting with the Gibbons Company and they re- commended a Policy and Procedure Manual. We will give copies to all department heads and council members and start using it. RE: FAIR LABOR STANDARD ACT Also the Supreme Court has ask that the Fair Labor Standard Act be observed by all City, County, and States. He said we have been in the process of reviewing our rules and regulations to see if we are in conformance. This will be discussed at the meeting at Couer d'Alene, and we will find out more about it there. RE: PAYING BILLS A motion was made by Nile Boyle and seconded by P~lorgan Garner to approve the bills. All Aye. RE: ADJOURfdMENT A motion was made by Jim Morris and seconded by Glen Pond to adjourn. All Aye. • ~t~~ May ,John C. Porter i~ ^-~ ~, City Clerk, Rose B ey MINUTES OF THE CITY COUNCIL P~EETING June 5, 1985 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held June 5, 1985, at the City Hall. Present were the following: Mayor: John C. Porter Councilman: Nile Boyle Morgan Garner q Jim Morris Glen Pond Councilwoman: Darlene Blackburn Also Present: City Attorney, Mary Smith City Clerk, Rose Bagley Treasurer, Richard Horner RE: P1IMUTES A motion was made by Jim Morris and seconded by Darlene Blackburn to approve the minutes. All Aye. RE: COMPLAINT ABOUT CARS PARKED AT 11~; NORTH 1ST WEST Lynn Daven!~ort was at the meeting to make a complaint. He lives on West 1st North ""l ~~ near the intersection of 1st North and 1st West. The lot owned by Mike Richman at 118 North 1st West has been rented by Tri State Tire for their customers to park cars on it before and after they do tire work on them. Mr. Davenport had talked to Jay Hepworth about it, who apparently planned to continue using it for a parking -- -° lot. This is in a R2 zone and he thought we needed to do what ever was necessary to keep the Residential Status of the property. When Mr. Davenport had talked to Mr. Hepworth on Monday he had been told that until the city tells them to stop they would continue to use it as a parking lot, he also indicated that if they did not park there they would park on the street. Mr. Davenport ask if there was any kind of limitation in terms of parking in the street by commercial businesses. The Mayor said they could not park trucks on the street, but passenger vehicles could be parked on the street, but not over 24 hours. He requested the Council to instruct Tri State Tire that they not use the property as a parking lot and that it be done immediately. The council ask Mary Smith to write Mr. Hepworth a letter telling him he is in violation, and if he has any questions have him come in and talk to the council. RE: REPORT ON STREET REPAIR WITH GROUTING MACHINE John Millar was at the meeting to report on the street repair with the Grouting Machine. He said he had been in contact with the Grouting Contractor in Portland, Oregon. The engineers went out Monday and reviewed the areas where there is existing problems. There are some in Cresthaven, two in the block where the South Rexburg Stake Center is on, Shoshone, and Apache Avenue. Most of these areas it looks like the curb and gutter can be saved by going in and grouting under them, some areas will have to be replaced. He said they would use a mixture of sand and pozalin so if need be it could be dug out easily. The primary reason that these have happened is when driveways were put in they came in and broke the back of the curb off-and over- layed their driveway onto the back of the curb and they have settled and allowed 1" to 12" void between their curb and driveway and it has funneled the water under their curb and once it gets going down there it continually washes out. He said they had talked about the possibility of inventoring some of the spots that appear to be problem causers and get them on the next LID. He said they would be there Tuesday, he said they would pick some test areas now to see if it would work. RE: PROBLEM AT SMITH PARK WITH CATCH BASIN Farrell Davidson reported that at Smith Park basin, water fills up the catch basin and it some cobble rocks to slow the water down but the rocks out in the park and now there is a the apron. He was wondering about making a will come into it and .roll out over the side Porter told the Street and Park Committee to tell the council at the next meeting. there is a problem with the catch runs over on the pad. There use to be the first flash flood we had it washed big hole. It is starting to undermine circular like a bathtub so the water and distribute the water evenly. Mayor go look at it and make a decision and RE: FARRELL TOLD COUNCIL THE GARBAGE BARBELL TRUCK HAS HAD A LOT OR REPAIRS Farrell told the council that the Garbage Barrell Truck has had a lot of repairs and downtime. To put new arms on the truck the original way that it was built it would cost $1627. They can change the whole thing over to a new system and it would cost $10,950. He is working out some figures to trade it in. The Mayor said the committee would have to look it over because it is only 2 years old. The drivers will have to be careful. Farrell told the council that they need to repair the grader. The Mayor told Farrell he needed to get the Pothole patcher out. The council discussed the Community Park. RE: CLINT KINGSFORD TO DISCUSS THE 2ND EAST PROJECT. Clint Kingsford was at the meeting to discuss the 2nd East Project. He reported that in the last two weeks they had met with most of the property owners on 2nd East. They had met with 42 and have about 8 more to meet with, 50% were for it and 33% was against it, 17% were borderlines. Basically they had talked about making the street no wider than the existing street going from the edge of the sidewalk to the edge of the sidewalk, the buffer strip would not be there in the new project. Some of the main concerns they have along the street is speed. The Mayor had the police check the speed with an unmarked car. High speed ranged from 38 MPH to 48 MPH. Nile Boyle said he thought they should have the police go up and ticket them. The people was in favor of a 4 way stop on 2nd East and 2nd South. The police chief was against that, he felt there should be a street with no stops going out of Rexburg. The Mayor felt that if we put in a 4 way stop that there are a lot of people that are objecting to the project that will feel alot better about it. Af ter a discussion a motion was made by Morgan Garner and seconded by Glen Pond to put in a 4 way stop at 1st South and 2nd East. All Aye. F_l Clint Kingsford said there would be a public hearing later this summer. He said the pwople were mostly concerned about safety and snow removal. A suggestion was made that the city plow the snow to the center and then haul it away. The council said they could not make a commitment on that. There was a concern about the utilities drainage, v~hich will be taken care of in the construction also. The Mayor said they had talked to the people that have homes from Main Street on up that street and they have agreed to have an LID for curb and gutter, it would help pay the city's share of the 5% on the project. RE: TWO RECOMMENDATIONS MADE BY PLANNING & ZONING Mayor Porter said that the Planning and Zoning had made two recommendations that should be acted on. They had recommended that Jean Barnes at 133 West lst South be given a variance to operate a Deamers Diet Weight and Consulting Business. A petition had been taken around to all the neighbors within 300 feet of the property, with no objections. A motion was made by Nile Boyle that if it required a public hearing that the City Attorney go ahead and set the hearing or if it was not necessary to grant a variance, seconded by Darlene Blackburn. All Aye. RE: RECOMMENDATION FOR MIA PETERSON TO BE GIVEN VARIANCE A recommendation was also made by the Planning and Zoning that Mia Peterson be given a variance to have a Health Food Store at 355 West Main, a petition had been taken around to the people within 300 feet of the property with no objection. A motion was made by Nile Boyle and seconded by Darlene Blackburn that if it re- quired a public hearing that the City Attorney go ahead and set the hearing or if it was not necessary to grant a variance, seconded by Darlene Blackburn. All Aye. RE: FIRE WORKS PERMITS Mayor Porter read applications for Fire Works Permits to Lynn Webster at P1averick, Ellen Jean Sweet on lot by P9cDonalds, and Gallary Distributing Co. at Safeway Parking Lot. A motion was made by Morgan Garner and seconded by Darlene Blackburn. All Aye. RE: ELDON PERRY 60 DAY EXTENSION Eldon Perry has not been able to find a place to move his trailer to and he wants a 60 day extension. The council okayed it for that period of time. RE: ROTARY CLUB TO PUT BENCHES AT KEDDY PARK Mayor Porter told the council that the Rotary Club wants to put benches in at the Kiddy Park at Smith Park. The council felt that would be a good idea. RE: REX T.V. IS CHANGING HANDS Mary Smith told the council that Rex T.V. is changing hands and under the Franchise the council will have to pass a resolution. A motion was made by Nile Boyle and seconded by Morgan Garner to pass a resolution to authorize a change of hands of Rex T.V to Upper Valley Telecable. A1T Aye. (copy on file) RE:' LETTER OF APPRECIATION FROP4 SUGAR SALEM HIGH The Mayor read a letter of appreciation from Sugar Salem High for letting them use the Tabernacle for their graduation. RE: BART JENSEN DISCUSSED THE WATER SLIDE Bart Jensen was at the meeting to discuss the Water Slide. He said they wanted to increase ticket sales, and wanted to be able to sell tickets to the water slide part of the time without buying a ticket to the pool. It was decided that he should meet with Vaughn Jenkins ,and Jim Morris and come to a decision. RE: AUTHORIZING PICK UP OF SURPLUS ITEMS FROM BOISE A motion was made by Morgan Garner and seconded by Nile Boyle to pass a resolution authorizing Farrell Davidson and Rod Mackin and Mayor Porter to be able to pick up surplus items from Boise. All Aye. ~~ n SUGAR-SALEM SCHOOL DISTRICT NO.322 102 North Park .,_ _. P. O. Box 239 SUGAR CITY, IDAHO 83448 Telephone 356-8802 May 30, 1985 John Porter, Mayor City of Rexburg Rexburg City Hall 12 North Center Street Rexburg, Idaho 83440 Dear John: This is just a note of appreciation for the use of the Rexburg Tabernacle Civic Center on May 29th for our high school graduation exercises. Last year we were extremely overcrowded at graduation in our high school - gymnasium and wondered how the students would respond if we tried to move the exercises out of Sugar City into a larger facility. We took a poll of ~ the graduating class of 1985 and found that they were all in favor of - using the old Tabernacle. The program was probably the best we have had since I came to Sugar Salem. The sneaking system worked well, there was plenty of room on the stage for the senior class, and we had ample room for parents-and friends of the graduates. The bottom floor was completely filled., but we could have accom- modated many more people in the balcony. Thank you again for letting us use the facility.. Every barent I talked with felt that it was a good place to hold graduation. I hope that more uses can be found for the facility in the future. It could certainly be a real asset to the City if people would use it. Thanks again for your willingness to help. -~ ~,~. Sincerely,. f ~_ Tom Kershaw Superintendent cc: Dan Masterson Max Romrell We the undersigned living within 300 feet of the property at 133 West 1st South ~ have no objection for Jean Barnes to be given a var.,iance to operate a Deamers ~°-~~ Diet Weight and Consulting Business in her home. ADDRESS DATE ~ ~;~ !, 9 K~ ~ ~ 1. ~ , _ .~~J/~ NAME f PESOLUTION 1 ~i i WHEREAS, on the 3rd day of June, 1970, the City of C i; Rexburg,. Idaho, passed Ordinance No. 507 granting to Don Ellis ~' the right and privilege to construct, erect, operate and maintain over and under the streets, alleys and public ways of ~` the City, poles, towers, wires, cables and underground conduits, and to conduct and operate a cable television system in the City of Rexburg, Madison County, Idaho, and providing the terms, conditions. and regulations thereof, and 4+1HEREAS, certain Sections of said Ordinance were amended July 7, 1971, by Ordinance No. 519, and ~rTHEREAS, thereafter Don Ellis sold and assigned said franchise to Rex TV, Inc.., an Idaho corporation, and WHEREAS, the said Rex TV, Inca, is desirous of assigning said franchise to a corporation. known as Upper Valley Telecable Company, Inc a, an Idaho corporation, with its principal place of business at Idaho Falis, Bonneville County, Idaho, subject to all of the terms and conditions of said franchise which the said Upper Valley Telecable Company, Inc.,. assumes and agrees to perform, and 4JHEREAS, it appears that it would be most favorable to the City of Rexburg, Idaho, that said franchise be assigned. to Upper Valley Telecable Company, Inc. NOW, THEREFORE, BE IT RESOLVED: That the Mayor and City .Council of the City of Rexburg, Idaho, hereby give their consent to the assignment of the said cable television franchise granted to bon Ellis and thereafter. sold and assigned by him to Rex TV, Inc., to Upper Valley Telecable Company, Inc. BE IT .FURTHER RESOLVED: That .John C. Porter, Mayor. of the City of Rexburg, Idaho, be, and he is .hereby authorized to execute and sign all instruments necessary for the transfer i of said franchise from Rex, TV, Inc., to Upper Valley Telecable i~ Company,.Inc. ~' RESOLUTION -1- We the undersigned living within 300 feet of the property at 355 i~Test Main have no objection for Mia Peterson to be given a variance to operate a Health Food Store in her home. NA'KE ADDRESS DATE ~ , i 7~/ /.J /~ ate....: ~, ~~ S ~/~ ~~,~, /, ~~ ~~ ' ~ ~l ~, ~ ~l 3 ~ S TRI STATE TIRE ~ Retail t x'356-9069 • Wholesale 110 West 1st North 356-4641 Rexburg, Idaho 83440 Warehouse 356-8771 I June 24, 1985 Mary Smith City Attorney P.O. Box 42? Rexburg, Idaho 830 Dear Mary Smith s We received your letter regazding illegal parking at our place of business . j•Je have accessed our place of business and fail to see any violations other than temporary ones such as a customer parking across the driveway blocking the sidewalk. 'de have tried to be strict in observing this ordinance. We are wondering if you may have reference to the property across the street that is for sale by Mike Richman, the owner. We have made an agreement with I4ir. Richman to rent his vacant lot on a temporary basis to keep some employee and excess cars off the street. Our agreement with him is that when he sells his property or if for any other reason he wants us off the lot, he just needs to give us 24 hour notice and we will park back on the street. If the problem is I~Ir. P,ichman's land, please contact him. Sincerely, Jay A. Hepworth, Presi/dent ccs Mayor Porter City Council t/ Mike Richman SMITH, HANCOCK, MOSS & DALLING Attorneys at Law - Mary Smith J. D. Hancock Brent J. Moss Dean balling W. Lloyd Adams (1885-1969) June 6, 1985 Mr. Artell Hepworth Manager, Tri State Tire 110 West 1st North Rexburg, Idaho 83440 Dear Mr. Hepworth: P. O. BOX 427 3o South 2nd west Rexburg, Idaho 83440 Telephone: 208-356-5493 It has been called to the attention of the Mayor and City Council that you are permitting illegal parking at your place of business. They would appreciate it if you would correct this matter as soon as possible. If you have any questions, the Mayor and Council would be pleased to have you attend their next meeting which is June 19. If you would like to meet with the Mayor and Council, you might call the clerk and have her place you on the agenda. Yours very truly, Mary ith City ttorney slb RE: PAYING BILLS A motion was made by Nile Boyle and seconded by Jim Morris to approve the bills. All Aye. RE: ADJOURNMENT A motion was made by Jim Morris and seconded by Nile Boyle to adjourn. All Aye. J // Ma n C. Porter ;- ~ _~ vp City Clerk, Ros agl