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HomeMy WebLinkAbout1986.05.07 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING May 7, 1986 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held May 7, 1986, at the City Hall. Present were the following: Mayor: John C. Porter Councilmen: Glen Pond. Nile Boyle Bruce Sutherland Sander Larson Bruce Casper Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk A motion was made by Nile Boyle and seconded by Darlene Blackburn to approve the minutes. All Aye. RE: SUNBEAM DAY CARE SIGN Gordon Meredith was at the meeting to make another request to put a sign on West Main between Wagoner's and POD's on the West side of the fence. He brought pictures to show the area where he would put the sign. He had since the planning board meeting talked to Mr. f~ickelsen and found out that 3 feet on the West side of the fence be- longed to Mickelsens POD's, which.,is business property. He had gotten permission from him to put the sign posts on that property, and also permission from Wagoners. Nile Boyle said he had driven past the property and there are a lot of bushes on the West side of the fence which would hide the sign posts. The. mayor explained that the ordinance states that you put a fence to separate residential property from busi- ness property. At the last meeting it was felt by the council that even though the three feet was on the other side it would have to be considered as residential oropertyy, because the fence was supposed to separate it. The council discussed it. A motion was made by Nile Boyle to approve the sign based on Wagoners approval and the fact that it is on commercial property. Those Voting Aye: Nile Boyle Darlene Blackburn Bruce Casper Glen Pond Those Voting Nay: Bruce Sutherland Sander Larson The mayor stated that permission was granted. RE: PARKING LOT LIGHTS Ken Benfield was at the meeting and asked about the Parking Lot lights being left on later in the evening. He said he closes at 9:00 P.M. and they are off then making the lot dark far employees and customers. Also the dance place called the "Connection" on College Ave. stays open until 12:00 midnight and there is a lot of cars narked in the lot, which he thought would be dangerous for the young people parking there when it is not lighted. The Mayor told him that the city paid only $10.00 to keep lights on and if the lights were left on longer for the businesses in that area, those who requested the lights be left on longer would have to help pay for the lights. He told him that it is a city owned parking lot. The businesses who have their own parking lots pay to keep them lighted while their business is open. Ken said he would be willing to pay to have the lights left on. Right now the city has made arrangements to hook those lights on a meter belonging to a business and it is a lot cheaper; before we paid about $50.00 a month. We might have to hook it back up direct to U.P.L. and charge each businessman about $5.00. Ken said he felt that it was a safety thing to have the parking lot lighted, and would be willing to pay some. RE: STOP SLGNS Ken Benfield asked the council what he had to do to get a stop sign put in. He was told he would have to check with Bruce Sutherland and go through the Safety Committee. RE: SIDEWALK ORDINANCE The Sidewalk Ordinance was discussed. Mayor Porter passed out copies of the ordinance. RE: FIREWORKS AT DAVE HANNAH RESIDENCE Gordon Tyschen, Fire Inspector, was at the meeting to report on the inspection done at the Dave Hannah residence, where he makes fireworks. He gave the council a copy of the report (attached), and showed them pictures. There are no violations. He does not have enough gun powder on the premises to cause any damage, all he would have is a small fire. He only makes 12 fireworks at a time. It is only a hobby. RE: GORDON TYSCHEN REQUESTS NEW RULING ON FIREWORKS Gordon Tyschen asked the council if we could get an ordinance stating that no businesses will sell fireworks, especially anyone who sells petroleum products. He felt that they should only be sold in booths. If the fireworks caught on fire, the fire department could not get it out. Mary Smith told him that we go by the State Ordinance. RE: NEW ORDINANCE ON ANNEXATION AND ZONING R~ayor Porter said we need to pass a new ordinance. Last winter Forsgren & Perkins went through the annexations and checked the descriptions. They found some property around the city had been missed and had not been annexed and had not been zoned correct. Mary Smith read Ordinance 666: AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO: DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE. CITY OF REXBURG, IDAHO: AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, TO SHOW SUCH ANNEXATION AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO, AND PROVIDING WHEN THIS ORDLNANCE SHALL BECOME EFFECTIVE. A motion was made by Councilman Nile Boyle and seconded by Glen Pond 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: Glen Pond Nile Boyle Bruce Sutherland Sander Larson Bruce Casper Darlene Blackburn Ordinance 666 was then placed before the council. The F~ayor then called for the voting for the final passage of the Ordinance, and the motion was made by Bruce Sutherland and seconded by Darlene Blackburn that Ordinance 666 be passed. Those Voting Aye: Those Voting Nay: Glen Pond Nile Boyle Bruce Sutherland Sander Larson Bruce Casper Darlene Blackburn 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 667 - VACATING AND CLOSING STREET AT MILLHOLLOW Ordinance 667 vacating and closing road on Millhollow, by Ken Benfield's house. Mary Smith read the Ordinance: AN ORDINANCE VACATING AND CLOSING THAT CERTAIN P,OAD IN THE MILLHOLLOUJ SUBDIVISION AND HEREINAFTER DESCRIBED, SUBJECT TO EXISTING RIGHTS OF WAY AND EASEMENTS AND RESERVATION BY THE CITY OF RIGHTS OF WAY AND EASEMENTS OVER, ACROSS AND UNDER SAID PROPERTY FOR CITY UTILITIES AND PURPOSES: PROVIDING SAID STREET REVERT TO THE OWNERS OF ADJACENT REAL ESTATE, ONE-HALF ON. 1 7 A motion was made by Councilman Bruce Casper and seconded by Darlene Blackburn 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 667. Those voting Aye: Those Voting Nay: Glen Pond Nile Boyle Bruce Sutherland Sander Larson Bruce Casper Darlene Blackburn None Ordinance 667 was then placed before the council. The mayor then called for the voting for the final passage of the Ordinance, and the motion was made by Bruce Sutherland and seconded by Darlene Blackburn that Ordinance 667 be passed. Those Voting Aye Nile Boyle Darlene Blackburn Bruce Casper Glen Pond Sander Larson Bruce Sutherland Those Voting Nay: f r None The roll showed all councilmen present voting "Aye" carried. The Mayor declared that the majority of all members of the City Council had voted for the passage of said Ordinance, and that said Ordinance was duly and regularly passed. Mayor Porter de- clared the motion carried. RE: PORNOGRAPHY Gary Brock was at the meeting to discuss again pornography magazines and materials sold in local stores. Three weeks ago when he came to council he talked about a possible ordinance that Orem,Utah, has. Since then he found out there is no ordinance. There is a verbal agreement between BYU, Chamber of Commerce and the Prosecuting Attorney. After he had been to the council meeting last time, he and a group of concerned citizens went to the county and asked why they couldn't pass an ordinance in the county pro- hibiting the sale and distribution of pornographic material. Dean balling read out of the state code that "The Idaho Code deniescommunities and counties the right to establish their standard." It is in direct conflict with the supreme court. He said in the last 10 days some incidents of "Dial-a-Porn" has been brought to his attention that is available in their area. He thought we should have the privilege to establish our own standards. He said they are going to contact the legislatures. Mayor Porter told him the mayor and council appreciate what you are doing and are behind you. Our police have been checking to keep it at least in the back room. RE: SCHOOL BUS TRAFFIC PATTERNS AND REQUEST TO CLOSE STREET Mel Dickerson from the School District was at the meeting. He told the council that since they were audited in March by the Insurance Company, they propose to change the traffic pattern for the buses and close off the area between the Junior High and Washington, and place black top on the curb across the sidewalk, approximately 16 feet wide. They would have a place where the buses could pull in and load and unload the the children, so they do not interfere with the traffic. We will have it for a bus zone only. Mr. Pederson, the principal of the Junior High, would like to have the blacktop removed on 1st West in that area and put in a football field. The mayor explained that they want to abandon the north half of that street, and tear up the street and extend the playground over across the street into that other playground. On 1st North where the buses come out from 1st West down to where the school property ends, they want to put blacktop on the inside of the curb and back far enough so they can drive the buses in on one end of the curb, unload them and then drive out the other end. The problem we have is the city and school have an agreement with the Ferguson Laboratories on the corner, to make sure that that road is left open. We will have to notify them that the street is going to be abandoned. The council felt that there should be a sidewalk next to the grass. The mayor said we would need to go over an agreement with the School and Fergusons and get the property descriptions and take care of it at the next meeting. RE: FIREWOOD FROM TARGHEE NATIONAL FOREST P1ayor Porter told the council that he had a letter from the Forest Service and they want to present a film to the council and the public showing how to get firewood from the Targhee Forest. He suggested that we have it the 1st meeting in June. ~F '.~ RE: PUBLICITY FOR CITY CLEAN-UP Bruce Sutherland menti;vr~ed that ~e needsor~e publicity on the clean-up that needs to be done i:n R,exburg this sharing, to get ready for the dance festival. RE: RE-ZONING Mayor Porter told the council that we need to re-zone 3 pieces of property, one at South of the Airport, one at Millhollow Mobile Park and Ricks Palmer Addition, and one by Dr. Mix. These were left out and should have been zoned before. A hearing will be set June 4th. A motion was made by Bruce Casper and seconded by Darlene Blackburn to approve the minutes.. A11 Aye A motion was made by Glen Pond and seconded by Nile Boyle to adjourn. All Aye. Those Voting Nay: None ~ -~'h~a Mayo ohn C. Porter City Clerk, Rose B ey -- 1 DAVE HANNAH -FIREWORKS 125 N, 1st E, Rexburg, ID 33440 Oxidizers Potassium Chlorate 150# Potassium Perchlorate 120# Barium Nitrate 5# Potassium Nitrate 500# Barium Chlorate 20# FIRE DEPARTM 1NT INSPECTION 5 May 1986 - 5' 00 P, M, Class 3 Class 3 Class 1 Class 1 Class 1 NFPA 43A Not triggered by these quantities of oxidizers, (See Chapter 2 and parts of chapter pertaining to compatibility and fire prevention) i Flammable Solids MG 1# AL 17S# ..All of these are Powders and Coarse Granules Mg-Al Mix 10# ' ' ' Titanium 50# FUELS Charcoal 150# Sodium Oxalate 60# Black Powder 31# Stored in approved wood lined steel magazine, which is padlocked closed Sulfur 70# Copper Arsenate Paris Green 50# Stars ISO# Dave Hannah -Fireworks Page 2 Fire Department Inspection Bldg. 1 -Storage Facility - No heat, flourescent light fixture hung from ceiling joist Bldg, 2 - No storage at present time -Assembly only At assembly time only about two dozen shells Electric hot water intertherm heater Dustproof electric lights Bldg. 3 -Minimal storage 175# Powdered Aluminum J tNVVCi W~ 13 ~ P /~J?yiN~ ,~c~'y~ WLCden t3dOG a5s2~, hey s~~,( wcrd~,, ~I,l~~ STcR~gG~ 5ht~ ~,~ ~~Pv~~~th ~CSir~l'nC ~ /~/ ~\ io X/6 g x iv X 8 --- - -, S J; e.d f ~~ ,1 ~ i i ~ ~ ~ ~ ~, •d a j Q r ~ 1 y ~ ~ 3 ~ ,~, a ~ aC h ~- U ~~ j- ~/ / S t E,~s T ~~~~~ ~ ~~~~ ~'~J rsi~~ r r Dave Hannah -Fireworks Page 3 Fire Department~Inspection Jerry Brian No complaint Kerma Stelzer Concerned Tanya Claybaugh No complaint Mark Hepworth No complaint Bruce Benson No complaint Mick Brunson No complaint Storage Magazine in County -Terrell Hill Residence in Hibbard area Black Powder Assorted Shells 220# 124 - 3 " Shells. 44 - 4" Shells 32 - 5" Shells 12 - 6 " Shells 5 - 7 " Shells 2 - 8" Shells 2 Cases of Fogo Racks (Barrage Racks) Black powder for personal rifle - FFG & Musket Powder - 50# Dave Hannah's Fireworks Assembly and Storage meet the requirements of the Fire Code, He does not carry in excess any one product, Black powder is kept to a bare minimsm, Gordon Tychsen -Fire Marshall