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HomeMy WebLinkAbout1986.05.21 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL. MEETING May 21, 1986 State of Ldaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held May 21, 1986, at the City Hall. Those present were: Mayor: John C. Porter Councilmen: Glen Pond Bruce Casper Bruce Sutherland Nile Boyle Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, Treasurer A motion was made by Glen Pond and seconded by Bruce Sutherland to approve the minutes. All Aye. RE: PLANNING AND ZONING REPORT ON NEW ZONING MAP Chuck Frost, Planning Board Chairman, was at the council meeting to report on the Planning Board. meeting. He presented the new zoning map, and told them that the mao reflects what they consider the existing land use. The proposal is that they print conies of the map, establish hearing dates and go throughout the city and find out if the land use that they identified meets the neighborhood use of the land. Then of ter we have finished the hearings and made the final changes we can adopt the new Zoning Ordinance. Glen Pond said he thought it was a good recommendation, the council had already approved the budget to have the map drawn up and colored. Chuck said they would like to have a large colored map available at the city and have smaller maps to hand out to neighborhoods. A motion was made by Glen Pond and seconded by Bruce Sutherland to authorize the Planning & Zoning to go ahead and have the maps printed and' start the hearings. AT1 Aye. RE: UPPER VALLEY CABLE RATE INCREASE Upper Valley Cable T.V. was at the meeting. He said they were very happy so far with the new ownership, and the relationship with our system. He explained their system and the reason that they dropped Channel 4 because of the cost to keep it. They asked for an increase from $8.95 to $10.00 on the monthly rate. A motion was made by Darlene Blackburn and seconded by Nile Boyle to approve the rate increase. All Aye. RE: CITY TO TAKE INTERMOUNTAIN GAS PAYMENTS Mayor Porter told the council that Intermountain Gas is leaving Rexburg and wants the City to take their payments like we do Mountain Beli. There is about 500 payments a month. Richard went over to check out their bookkeeping system, it isn't as compli- cated as Mountain Sell and would not take as much time. They want to pay 20¢ a pay- ment, but Richard thought we should get 25¢ and they thought they might be able to pay that. A motion was made by Bruce Sutherland and seconded by Bruce Casper to auth- orize The City Hall to take Intermountain Gas Payments. All Aye. RE: HEARING ON MERCHANDISE AND SIGNS ON SIDEWALKS Mayor Porter opened the hearing for people to give their input about putting signs or merchandise on the sidewalks and streets. At the present time we have an ordinance that has been in effect since 1930 which does not allow this. In 1977 we did give permission fora 6 month trial to allow it and it has just kept going on. The aroblem we have now is we don't have any liability insurance. After we had the signs and merchandise taken off, we sent a letter to the insurance people listing the steps the city had taken to cut down on exposure, and moving merchandise and signs off the street is one of these things. Mayor Porter read a letter (Copy on file). After the insurance company received this letter the insurance company had said they were taking it under consideration, and would get back to us right away. We are not trying to hurt anyone, but we do have an ordinance and also have an agreement with the State of Idaho concerning signs along the sidwalks along the highway. This says they have to be 12 feet above the ground and can't extend over the sidewalk. The other item we were concerned about is the insurance that we had for errors and ommissions for coun- cilmen and mayor is no longer available; so if we take an action that says that some- one can do something that is against an ordinance and an accident happens, they can J not only sue the city but they can sue us as individuals because we allowed it when the law said it couldn't be done through errors and ommissions. Those are things that have concerned us and that is why we have been trying to reduce all of the chances of accidents in the city until we get insurance and get it in force. Rick Stamps. He is employed at Artco as an executive and also owns La Creme De Le Creme. Most of his appeal is emotional. They moved here from California because this small city had an appeal for them. They feel that not being able to put signs on sidewalks or not being able to promote our advertising or product on the sidewalk would somewhat limit us. If you walk down the street and see something on the sidewalk that catches your eye you might be inclined to buy it. It is his wish that they could go back to the small town atmosphere and let businessmen put signs and merchandise on the side- walk. He questioned the liability St. Anthony would have with the Fisherman's Break- fast. The mayor told him that St. Anthony did have insurance. Greg Herman. He said he had been interested about what is going on with the sidewalks. He has owned his business for 6 weeks. When he bought his business he thought it would be nice to put three tables on the sidewalk in front of the restaurant. He thought it would be appealing and eye-catching. Tim Hinseth. If an individual business has his own liability insurance, does the city have the power to exempt that business from the city's insurance policy? Mary Smith told him the liability insurance an owner has insures that owner the same as the city liability insures the city, unless the owner of the business wanted to insure the city. He asked if the city has the power to exempt that owner from its policy if it is covered by a separate policy of its own. Mary told him that she saw no reason why the city should be in that position at all. Gordon Thatcher. On May 8th we delivered to the City Hall a proposal by Ken and Donna Benfield. 1 We understood the problem was liability, we have checked with Gast to Coast and checked with their insurance company. Their insurance policy covers anything that happens on the sidewalk. (2) In the letter we added that our insurance company had agreed to add an endorsement to our policy which names the city as an additional insured under Ken's 1 million dollar liability policy, so Ken buys and pays for a policy that protects the city. (3) We also agreed that we would sign an agreement agreeing to indemnify the city, with the approval of the insurance company. The insurance is in effect, so in terms of covering the insurance, we don't see how the city can be hurt within the limits of that policy. If other merchants wanted to have permission to have displays of merchandise in front of their stores, they could also do the same thing. Nile Boyle told him that insurance companies will not insure the city because we have law suits pending. The mayor told him that we have insurance for three law suits that are pending but other insurance companies still won't cover us because of them. The mayor told him we are trying to get everything in order that we can, so we can get some insurance. The mayor reviewed the steps we had taken to try to get insurance. UJe have been trying everywhere to get insurance. Gordon Thatcher said they understand what we are saying about the ordinance and if the ordinance prohibits it, then to allow it there has to be an amendment to the ordinance. He read from the letter four points to a solution _ as listed in the letter. (On file.) He suggested that the council appoint someone from the Chamber of Commerce that could come up ~,~ith a solution. La Var uJilmot. He said he agreed with points on both sides. He shared an experience that happened on Tuesday night during the bad wind storm. He had over $3000 worth of damage, and some of it was display material that was in front of his store that was taken with the wind and thrown against the building. He found that having these things out in front of his store without security could present a problem. It was after closing time when no one was there to be injured, but somebody could have been; so I can see both sides. I can see as far as the advertising goes it is a plus for a business. Ad- vertising is hard to come up with financially. I know it is a concern for the city with the insurance and the safety part of it. We need to take all security measures we can. I disagree with the sandwich type signs or the signs that are not secured that are a hazard. The appearance part of it is a big concern. We need to work on the appearance of the city. He would like to work together. The mayor asked him if he would be will- ing to form a committee and do what is needed to agree on a proposal. Bruce Sutherland. He told La Var Wilmot that he thought it would be helpful to get as much input from each merchant as possible. We need a live city and on occasion side- walk sales. Brad Ferney. He said he needed the sidewalks to display items. The mayor told him that his business is built back, so part of the sidewalk is on private property and he would be allowed to display items on that part of the sidewalk he owns. He felt that with a controlled atmosphere we could come to an agreement. Donna Benfield read a statement by Ken & Donna Benfield. (On file.) } f Nile Boyle told them that it was his idea that the ballot be put in the paper and not the mayor's. He said he is able to hear a lot in the drug store and about 90% of the people do not want us to let signs and merchandise be nut on the sidewalk. Mayor Porter said that there are some things in the letter that he disagreed with. "I'm sure if you talk to the reporters you will find that I have little influence". Mayor Porter said one problem is one business would put out a sign that would block the appearance of another store. We have to treat everyone alike. We have to get everything off the street and start over. When we get insurance we will amend the ordinance. Bruce Sutherland suggested that we start right now to get a committee. The council agreed. The mayor assigned Bruce Sutherland to be the councilman to serve on the committee. Bob Smith.. He said that if the. Chamber of Commerce is going to do this they would like to look at all aspects of it and look at it objectively. It will take a little time to come up with a proposal. Mayor Porter suggested that they take a survey. RE: VANCOUVER ASKS FOR SOMETHING FROM REXBURG FOR 100TH BIRTHDAY The mayor told the council that he got a letter from Vancouver. They are celebrating their 100th birthday. They want us to send something to congratulate them. They will pay for the shipping charges. I propose to have someone fix up something to promote the International Dance Festival and send it. Bob Smith agreed to do this. RE: DISCUSSION ON SEWER & WATER EQUIPMENT AT FIRE STATION The mayor discussed with the council the problem that we have had with the equipment in the fire station to show them the pumps are not working. De Lynn found someone to install a device for $5000 that will work. They use it in Orem and want De Lynn to come down to look at it. The mayor proposed that we get this other outfit. It works like a burglar alarm. The name of the company is Cannon Sales. If it is okay with the council we will let De Lynn and any councilman that wants to, go down and look at it and see how it works. RE: FIREWORKS PERMIT The mayor read a Fireworks Permit for Shirley Webster to sell fireworks in a stand at the Maverick Store. Bruce Casper made a motion to deny it on the grounds of the recom- mendation by the Fire Marshall for fireworks not. to 6e sold where petroleum is sold. Seconded by Glen Pond. All Aye. RE: PROBLEM WITH KIDS RUNNING AFTER GARBAGE TRUCKS The mayor told the council that we have been having problems with kids running along by the garbage truck which made it dangerous. He asked the newspaper to give it some publicity. RE: AMERICARE BID AWARDED FOR WATERLINE The mayor told the council that there had been a bid opening on the water line for Americare. It was awarded to Zollinger for $45,500. RE: NORTH 1ST WEST STREET CLOSURE DISCUSSED The. council discussed the street closure at North 1st West. Steve Hart representing Fergusons was at the meeting. He said he didn't think they had any objection. He felt that in their best interest a path be left open. The road on the East of the house and the South end should stay open. They have no objection to the football field. If they will make the necessary changes it would be okay to go ahead with it. If it ever was closed they could force the whole road to be opened clear through the grass. They needed to draw up a new agreement. A motion was made by Bruce Sutherland and seconded by Darlene Blackburn to pay the bills. All Aye. A motion was made by Bruce Casper and seconded by Nile Boyle to adjourn. All Aye. 0~/~ May n C. Porter t, City 1erk, Rose Ba" / MINUTES OF THE SPECIAL CITY COUNCIL MEETING May 21, 1986 Present were: Mayor: John C. Porter Councilmen: Bruce Sutherland Glen Pond Nile Boyle Bruce Casper Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, Treasurer RE: MADISON COUPJTY LAW SUIT Mayor Porter reported that Mary Smith has a letter ready to send to Madison County on our claim. Mayor read the letter. Mary explained that the letter meant we have up to 3 years after discovery to take action. Nothing says we can't go back to when the law was made. That isn't the counties money. It belongs to the City. The clerk should divide it up. The mayor told the council, if it was okay with them, Mary would go ahead and send the letter to the commissioners and also a copy to Gordon Thatcher, their attorney. In 30 days, we will have to sue. Richard Horner told the council that in the current distribution they are shorting us about 10%. RE: NOTICE OF PUBLIC HEARING FOR 2ND EAST STREET The mayor handed out to the council a copy of the Notice of Public Hearing for the June 17, 1936, public hearing of 2nd East and also the Environmental Assessment and told them a copy of the map showing the width of streets was at the City Hall for them to review. In checking the map, it will give you an idea that 2nd East won't be different than other streets in the city. It will be 52 feet wide. At the hear- ing they will show pictures, the sidewalk will be where it is now. The Engineers want to schedule a meeting to go through the proposal. The council agreed to meet next Wednesday night at 7:30 p.m. RE: SIGNS ON SIDEWALKS The council discussed the hearing that would be held at 7:30 p.m. The mayor told them that that day we had received a letter from Gordon Thatcher wanting us to supply a lot of material. The office did not have time to get the material ready for him. The mayor said tonight was just a hearing to get input. He told the council that he had put an ad in the paper after talking to some councilmen but had charged it to himself. We had also sent a letter to the Insurance Company telling them the steps we had taken to cut down on exposure. He said it was his feeling that we should keep the signs off the sidewalks until we get insurance and then come back and see about amending the ordinance. Nile Boyle said he thought most people were in favor of not having the signs on the sidewalks. Bruce Sutherland said his concern was what about special days like the sidewalk sales. The mayor told him we would need to amend the ordinance to provide for it. Mary Smith told them any judgement against the city, the taxpayers would have to pay. Bruce Sutherland suggested that after we amend the ordinance we should have the Chamber of Commerce make the rules and regulations on sidewalk sales. RE: CITY COMPUTER ~~ayor Porter suggested to the council that when we start to sue the county that they might not let us use the computer. Our lease has run out. Right now they are making us pay $400 a month. We now pay $269 a month fora maintenance lease and could buy 90 mega bites for $550 a month including maintenance. If we 'do that and buy our own comr~uter we would be saving money. It would take 60 days to set it up. Meeting adjourned. _~ May n C. Porter ~ / ~ ~ ~j~ City lerk, Ros a ey