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HomeMy WebLinkAbout1990.01.17 CITY COUNCIL MINUTESC 1 MINUTES OF THE CITY COUNCIL MEETING 1/17/90 State of Idaho) County of Madison(ss City of Rexburg) Present at 8:00 P. M. were the following: Council President: Glen Pond Council Members: Darlene Blackburn Farrell Young Brad Liljenquist Bruce Sutherland was excused. Glen Pond told the people present that the mayor was at the Farmers Merchants Banquet and would be at council as soon the awards were given. The council would postpone the Public Hearing until the mayor arrived. RE: PLEDGE OF ALLEGIANCE: A scout led the Pledge of Allegiance. RE: APPROVAL OF MINUTES Nyle Fullmer arrived from the Farmers Merchants Banquet at 8:10 P.M. Having a quorum, a motion was made by Darlene Blackburn and seconded by Brad Liljenquist to approve the minutes. Those voting Aye: Farrell Young, Brad Liljenquist, Darlene Blackburn. Nyle Fullmer said he had not read the minutes and would abstain. RE: $16,000 FINE FOR NOT BEING IN COMPLIANCE WITH TREATING THE SEWAGE PROPERLY --EPA Brad Liljenquist made a report on the EPA. There was a conference call this morning, with EPA, Mayor Boyle, De Lynn, Dave Thibalut, Keith Archibald, John Millar, J D Hancock, and John Porter. They have levied a fine against the City for $24,000 for not being in compliance with treating the sewage properly. We thought we had a good case to reduce the fine, but after talking and pleading our case they did reduce the fine to $16,000 but they don't seem willing to budge from that amount. Congressman Stallings assistant suggested that we offer them a counter proposal. We are now in the process of deciding what kind of a counter proposal to make. RE: READING OF ORDINANCE 700 Glen Pond read Ordinance 700 for the second reading. He told the council that there were some recommendations the police chief had made that were in the council packet, if approved we would incorporate them in the ordinance for the third reading. RE: GARBAGE SERVICE Jan Merrill wife of Dr Marshall Merrill was at the meeting make a request that they not have to pay for garbage service and be able to haul their own garbage. Their garbage had only been picked up three times since August. She had called and ask what day the garbage would be picked up and then set it out on that day and it still did not get picked up. They then left the garbage cans out all the time and one came up missing. Glen Pond told her we have had requests before from businesses but we have an ordinance that it is mandatory that you have garbage service. We would talk to Vern Winters about it and make sure the garbage gets picked up. RE: ADOPT AMENDMENT Glen Pond told the council that we needed to adopt the amendment to the 401K Employee Loan Plan. The Finance Committee had reviewed it and we have that committee's approval to except it. A copy was in all the council folders. This enables the employee to borrow from this plan which is borrowing from himself. A motion was made by Farrell Young and seconded by Darlene Blackburn to adopt this amendment as it is written. All Aye RE: INTRODUCED. ORDINANCE 702 Glen Pond introduced Ordinance 702 adopting the National Electrical Code for 1990. ORDINANCE NO. 702 AN ORDINANCE REPEALING SECTION II OF ORDINANCE NO, 671 OF THE CITY OF REXBURG, IDAHO, AND ADOPTING THE NATIONAL ELECTRICAL CODE, 1990 COPYRIGHTED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, INC. FOR THE CITY OF REXBURG, IDAHO; REQUIRING COPIES OF SAID CODE TO BE KEPT IN THE OFFICE OF THE CITY CLERK; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE AND FOR SEVERABILITY; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by Councilman Nyle Fullmer and seconded by Brad Liljenquist 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 702. Those voting aye: Farrell Young Brad Liljenquist Darlene Blackburn Nyle Fullmer RE: PASSED ORDINANCE 702 Ordinance 702 was then placed before the council. The President of the Council then called for the voting for final passage of the ordinance, and the motion was made by Nyle Fullmer and seconded by Brad Liljenquist that ordinance 702 be passed. Those voting aye: Farrell Young Brad Liljenquist Darlene Blackburn Nyle Fullmer The roll showed all councilmen present voting "Aye" carried, the President of the Council 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. Glen Pond declared the motion carried. RE: ADOPT A HIGHWAY PROGRAM: Farrell Young talked to the council about a program called Adopt a Highway. The city got a letter from Gov. Andrus outlining an antilitter campaign for the Centennial Year. We originally thought that as a city we could take over some responsibility assigning and supervising a anti -litter program on the highways around the city. We called the State Transportation Department and they have a supervisor in the office in Rigby. They have indicated that they want to do all the supervising and assigning. Anyone who wants to do this as a service project will be assigned to two miles of highway that they should clean up for two years. The state will put up a sign saying who is maintaining that part of the highway. As a city we will go on record as saying we will support it. RE: AUTHORIZED DEPOSITORIES AND AUTHORIZED CHECK SIGNERS The next item is approval of the Authorized Depositories and Authorized check signers. Glen Pond told the council that in the council folders there was a list of these. (on file) A motion was made by Brad Liljenquist and seconded by Nyle Fullmer to authorize the depositories and check signers. All Aye RE: PASTOR OF THE ZION LUTHERAN CHURCH FOR A SIGN TO BE PLACE ON PROPERTY THAT IS ZONED R2 We have a request from Ken Schauer, Pastor of the Zion Lutheran Church for a sign to be placed on some property that is zoned R2 giving directions to the church. The proposed location is 278 West Main. We have a letter from the property giving permission to put the sign up. Glen said we would have to allow for a variance in R2 for a sign and possibly the council should look at the property and see where a good location to place the sign. Glen said we would have to go through the proper procedures for a variance. A motion was made by Nyle Fullmer and seconded by Brad Liljenquist that we approve going through the proper procedures to allow a variance to for the sign. All aye. RE: LETTER FROM SUN BIRDS The Mayor received a letter to the City Council from Edward Grenard of Sun City, Arizona, stating that the Sun Birds would like the council to know what a fine job Mayor Porter had done and how well he had treated them. (copy on file) RE: AIC CONVENTION Glen Pond told the council in their folders was information about the AIC convention in Pocatello June 21 - 24. He recommended that they schedule time to attend the convention. Glen Pond ask for approval of the tabernacle board. Darlene Blackburn Ann Zollinger Roger Harris Louis Clements Terrell Arnold Ruth Edstrom Bob Briggs A motion was made by Nyle Fullmer and seconded by Brad Liljenquist to approve the tabernacle board as read. All Aye. RE: PUBLIC HEARING: Public Hearing 8:30 P. M. NOTICE IS HEREBY GIVEN that a public hearing will be held at 8:00 P.M. on Wednesday, January 17, 1990, at the Rexburg City Hall, Rexburg, Idaho, to determine whether or not the following described city alley in Mill Hollow Subdivision should be vacated. (copy on file) RE: ABANDONMENT OF THE RIGHT-OF-WAY Mike Day 321 Millhollow - He said he was a spokesman and had made the petition for the abandonment of the Right-of-way. (Mr Day read a petition to the council (copy attached). Glen Pond told the group that there was an abandonment made by the city on the north end of that Right-of-way. 8:40 P.M. Mayor Boyle and Richard Horner arrived at the meeting. Glen Pond to the mayor that Mr Day had presented his case and he is recommending that the abandonment of that strip of property. RE: EASEMENT Farrell Young said before we go any farther, we need to define some terms. That property is set as an alley, an easement is different from an alley. An easement must be maintained there, because it has utilities running through but still being able to have landscaping , and being able to have land owners put things on the easement. If we abandon it as alley we won't abandon it as an easement. RE: PROPERTY ON MILLHOLLOW John Stoddard- 239 Millhollow- He ask the council if there are any plans to develop the property. Another concern is because the alley on the north has been abandoned anything that comes down the alley comes right behind us and along the side of us because that is the only way out. We have a great deal of traffic through there with motor cycles and snowmobiles. A lot of the other property owners feel the same way. Nyle Fullmer ask if the development was not the obligation of the developer even though it has been deeded to the city. The mayor said it was the developer, we don't except any undeveloped streets. If it is abandoned 8 feet of it will revert to the property owner on each side to maintain. The way it is now it belongs to the city and would be their responsibility to keep it up. RE: FIRE HYDRANT Mayor Boyle read a letter from Robert M Sipherd, 2019 E Maplehollow Way, Bountiful, Utah. (attached) The mayor said we did check on the fire hydrant as he requested and it would be cheaper for the city to leave that one there and put one in a new one. Darrell Anderson - 339 Millhollow-read a statement (attahced) Brad Liljenquist ask where the fire hydrant was that is in question. It sits between lots 12 and 14 back on that roadway that goes to the east. Darrell said he wanted to see that right-of-way developed for runners, bikers, etc. before a serious accident occurs on Millhollow. Brad ask about the other utilities. Mr Anderson said they go clear through the easement. Mayor Boyle said until we had that meeting in December, Farrell Davidson did not know that they were city streets, but he will have the snow pushed off from now on. RE: PROPERTY ON MILLHOLLOW Linda Stoddard -239 Millhollow- That property has not been maintained by the city or property owners. The property behind the Stoddard home is just thistles and they can't keep them out of their yard. She said she wanted that abandoned and the noise stopped. There are dirt bikes going in back of their home at 11:00, 12:00 at night and 3:00 AM. No one is taking care of the property and it is a nuisance, and I would like to see it abandoned. RE: PROPERTY ON MILLHOLLOW Bob & Alice Ward- 301 South Millhollow- Mrs Ward said as property owners they are entitled to have verification that all people involved in the area have been notified and sent a letter. The mayor told her that we have return receipts that they received the letter. She had been concerned about the expense of moving the fire hydrant. She said that they were against abandoning the alley because of the utilities, they are all underground, and what is to prevent the property owners to build block walls or putting cement over the utilities. Mr Ward ask if they were to gain the 8 foot property, would there be restrictions on what would go on the easement. Mrs Ward ask who would police it. The mayor said on one would police it, but it would have to be made available. They can build fences over the easement, but they need to know that if anything happens the fences will be taken done. Mrs Ward said Mr Shipherd had told her all the pieces of property in the back have been sold except a couple. The mayor said we had a telephone call from Judy Zundel, who wants the alley left as it is. We have a note from Marvin Taylor and John Raybould that they agree to have the alley way closed. Steve Mack also called to say he would like the alley abandoned. Mr Ward said he had a concern that people would block the alley. The mayor told him they could not build a building to block it. Mrs Ward ask if the lot in back of the Day property could be abandon and leave the rest as is. The mayor said he felt that it should be all or none. Nyle Fullmer said he had a concern because everyone at the meeting owns front lots. Mrs Zundel who owns a back lot does not want it and Mr Harris and Mr Metter who owns a back lots are not here. Those people bought those lots with an access through the alley way. He said he felt we needed some input from them before we make a decision. The mayor said that all the people had been notified and signed the receipt that they had received the notice. Mayor Boyle read the notice that had been sent out (copy on file). Bob Ward said for the record he was against abandoning the alley. Mrs Anderson said there are only three houses on the upper part, the rest are just lots. Is it fair to weigh the opinion of people who just own lots against property owners that have already built houses on their lots? Mr Day said he and Mr Siepert had come to an agreement on the fence he will move it where ever Mr Siepert says. He knows what is going on and is not upset about it. RE: MILLHOLLOW SUB DIVISION BE ABANDONED Brad Liljenquist said it appears that the majority of the property owners up there would like the alleyway abandoned, so he would make a motion that the alleyway in the Millhollow Sub Division be abandoned, seconded by Darlene Blackburn. Those Voting Aye:Brad Liljenquist Darlene Blackburn Farrell Young Glen Pond Those Voting Nay: Nyle Fullmer Mayor Boyle told the property owners that the property will be deeded back to the property owners on each side but the easement will remain, which is a 16 foot easement. Mr Anderson ask when the fire hydrant would be moved. The mayor told him the new fire hydrant would not be put in until spring. Mr Anderson said he wanted Mr Day to take down the fence until the new fire hydrant is put in. Mr Day said he would take that portion of fence out. The mayor told him if he would just leave the gate open that would be sufficient. RE: AUDIT The mayor told the council that at the next meeting we need to approve the audit. We need to have a prior meeting to go over the audit. The meeting was set for 7:00 A. M. on January 23. Glen Pond said he did not foresee the developer developing the alley in Millhollow that is why he voted to close it. RE: APPROVAL OF BILLS A motion was made by Nyle Fullmer and seconded by Darlene Blackburn to approve the bills. All Aye RE: MEETING ADJOURNED Meeting adjourned to executive session to discuss proposal to EPA. n?e J & J'6L- Mayor, Nile L. Boyle - 2 A�-'Zx City Clerk, Rose agle EDWARD GRENARD 13605 REDWOOD DR SUN CITY AZ 85351 28AM .IIL01re -014734S362 12/28/89 ICS IPMRNCZ CSP PCOA 6029746819 MGMB TDRN SUN CITY AZ 99 12-28 0232P EST MADISON LIBRARY ATTN NEIL BOYLE(REXBURG CITY COUCIL) 73 N CENTER ST REXBURG ID 83440 THE ARIZONA SUN BIRDS WANT THE NEW MAYOR AND THE CITY COUNCIL TO KNOW HOW THEY FEEL ABOUT RETIRING MAYOR PORTER. HE WAS FRIENDLY, COOPERATIVE, ALWAYS WILLING TO LISTEN TO OUR SILLY COMPLAINTS AND AWARE THAT WE WERE AGED HUMAN BEINGS AND NOT JUST EXTRA SUMMER DOLLAR BILLS. HE MADE US FEEL THAT THE FACILITIES AND SERVICES OF YOUR FINE VILLAGE WAS FOR US TO SHARE WITH YOUR CITIZENS. WE WILL DEARLY MISS HIM AND HIS DEDICATION TO COMMUNITY SERVICE. EDWARD GRENARD, SUN CITY AZ .4:33 EST MGMCOMP � r r 7 .-- "r-""-uESSAGE..gEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS 1/17/90 Mayor & City Council: This is to certify that we are in agreement to have the alley way closed in the Millhollow Sub Division. i 4 January 12, 1990 Mayor Rexburg City Hall Rexburg, Idaho Attn: Rose Bagley Dear Mayor: I have received notice of the Public Hearnig concerning the City's alley in the Mill Hollow Subdivision. Since we own lots affected, I stopped by your office early Thursday, January 4, 1990 to speek to you about it but found you were attending a meeting in Idaho Falls. I asked for Mary Smith and found she was not available. I was able to speek to Rose Bagley and she asked me to write this letter explaining our position since I will not be able to attend the meeting scheduled for the evening of January 17th. Before stating our position, I thought I should mention that when we created the Mill Hollow Subdivision several years ago, it was theCity Engineer's recomendation and insistance to have us deed the alley in question to the City; which we did. He felt that the City should control the alley because property owners change over time, but the City's interest and position would remain indefinately. Now as to our position on the City's abandoning the alley and dividing it equally between adjoining property owners, but keeping an easement so that the underground utilities will be readily available to be serviced. We have no objection to this if we are assured that the City can make certain that the underground utilities can be maintained equally as well as under City ownership of the alley. We have heard of cases where property owners made use of such easements so that the City would not insist on axcess to the easement. 4 Page 2 We understand there is a second matter, that of the city moving a certain fire hydrant located in the subject alley to the edge of Mill Hollow Road at the city's expense. We feel it would be better to leave the existing fire hydrant to better serve the yet unbuilt -upon lots to the east of the alley. We would recommend that instead of going to the expense of moving the existing fire hydrant, a new hydrant be placed in the water main directly across the street on the west edge of Mill Hollow Road. I hope this letter has been helpful. We will abide by the city's decision either way, since we have been able to point out our concerns before a decision is made. Sincerely yours, Robert M. Sipherd 2019 E. Maplehollow Way Bountiful, Utah 84010 801-292-1166 i THIS PAST FALL (1989) MICHAEL AND KATHY DAY, WHO LIVE AT 321 MILL HOLLOW ROAD, REXBURG, CONSTRUCTED A FENCE ON THE SOUTH SIDE OF THEIR PROPERTY. THIS FENCE RUNS FROM WEST TO THE EAST. INSTEAD OF THE FENCE ENDING AT THE SOUTHEAST CORNER OF THE DAY PROPERTY, THE DAY'S CONTINUED THE FENCE BLOCKING THE 16 FOOT ALLEY WAY, WHICH IS OWNED BY REXBURG CITY TAX PAYERS_ 'THEN THE DAYS CONTINUE THIS SAME FENCE ANOTHER THIRTY FEET OR MORE TO THE EAST ON LOT 16, WHICH IS OWNED BY THE SIPERT FAMILY. THIS WAS DONE WITHOUT KNOWLEDGE OR PERMISSION. THE DAY'S LOT NUMBER IS 17 ON THE MILL HOLLOW PLOT. THIS FENCE IS WELL MADE. IT IS WOOD, CEDER I BELIEVE. THE POSTS ARE WOOD SET IN CEMENT, A PERMANENT STRUCTURE. AS STATED THIS WAS DONE IN THE FALL. ON NOVEMBER 13, 1989, A LETTER WAS SENT TO MR & MRS. DAY BY MR. JERRY RIGBY. THE LETTER DETAILED THE PROBERTY BOUNDERIES. ENCLOSED WITH THE LETTER WERE CITY MAPS OBTAINED AT THE CITY OFFICE. THE MAIN CONCERN OF THE LETTER DELT WITH OUR RIGHT 10 BE ABLE TO ACCESS A FIRE HYDRANT WHICH IS WITHIN TtM VENCED ALLEY BETWEEN LOTS #12 & #14, AND OUR RIGHT TO ACCESS ALL OF THE UTILITIES, (WATER, SEWER, ELEC., TELEPHONE, AND CABLE TV ALL OF WHICH ARE WITHIN THE ALLEY.) WE HAVE NEEDED THIS ACCESS ON SEVERAL OCCASIONS IN THE PAST ELEVEN YEARS_ IN THE LETTER WE ALSO ASKED THAT THE SIXTEEN FOOT ALLEY WAY REMAIN OPEN, AND THAT WE WOULD EXPECT THAT SINCE THE DAY'S DID NOT OWN THE ALLEY, THAT THEY WOULD REMOVE THAT PORTION OF THE FENCE THAT WAS INVOLVED. THE REQEST WAS TOTALLY IGNORED BY THE DAY'S! THE ALLEY REMAINED BLOCKED BY THE FENCE, AND WAS SO BLOCKED UNTIL AFTER THE DEC. 6TH CITY COUNCIL MEETING. AT THIS MEETING, BY UNANIMOUS VOTE, THE CITY COUNCIL AGREED TO HAVE A LETTER SENT TO THE DAY'S REQESTING THEY REMOVE THE FENCE. AFTER THIS ACTION, AND AFTER THE ARTICLE IN THE LOCAL PAPER INTITLED, "FLAP OVER FENCED ALLEY RESULTS IN COUNCIL ACTION", MR. DAY REMOVED A TEN FOOT SECTION OF THE FENCE. HOWEVER, ATLEAST FIVE OF THE TEN FEET REMOVED IS ON THE DAYS PROPERTY. THE OTHER FIVE FEET IS WITHIN THE ALLEY. THAT MEANS THAT ABOUT ELEVEN (11) FEET OF THE 16 FOOT ALLEY IS STILL BLOCKED AT THIS TIME. THE DAY'S WOULD HAVE US ALL BELIEVE THAT THEY ACCIDENTALLY PLACED THEIR FENCE OVER THE SIXTEEN FOOT CITY ALLEY. THEY WOULD ALSO HAVE US BELIEVE, I GUESS JHAT THEY ACCIDENTALLY BUILT THEIR FENCE ON LOT 16. WHICH'THEY DID NOT OWN. ONE HAS TO WONDER IF THIS WAS ALL DONE BY ACCIDENT. I BELIEVE THAT IT WAS DONE ACCIDENTALLY ON PURPOSE, AND THAT THE AGGRESSIVE ACTIONS OF MR. AND MRS. DAY ARE LESS THAN HONEST, AND HAVE CAUSED THEIR NEIGHBORHOOD UNDUE PROBLEMS AND STRESS. I RELATE TO YOU THESE UNPLEASANT HAPPENINGS IN ORDER THAT YOU MAY BE MORE AWARE AS YOU MAKE YOUR DECISIONS ON THE PROPPOSALS GIVEN THIS NIGHT. THE DAY'S NOW HAVE ASKED FOR THIS PUBLIC HEARING TO DETERMINE WHETHER OR NOT THE SIXTEEN FOOT ALLEY SHOULD BE VACATED AS CITY PROPERTY. MY FEELINGS ON THIS SUBJECT ARE STRONG. THIS SUBDIVISION WAS ACCEPTED BY THE CITY COUNCIL IN 1976 AS IT IS, WITH ROADS, UTILITIES, EASEMENTS, AND THE ALLEY WAY. AT THAT TIME THE SUBDIVIDOR, THE CONSULTING ENGINEERS FORSGGREN, PERKINS AND ASSOCIATES, THE MAYOR, AND THE CITY COUNCIL ALL HAD REASONS FOR THIS PIECE OF LAND BEING ACCEPTED AS IT NOW IS. THOSE REASONS ARE STILL VALID. IN MY OPINION ALSO IT WOULD BE FROWNED UPON BY THE MEMBERS OF THIS CITY IF THIS LAND WAS JUST GIVEN AWAY. ON THE SAME NOTE FOR THE CITY TO SPEND THOUSANDS OF DOLLARS IN ORDER TO MOVE ONE FIRE HYDRANT BY BLASTING THROUGH LAVA ROCK A TOTAL OF LESS THAN EIGHTY FEET IS IN MY OPINION A WASTE OF GOOD TAX DOLLARS. PLEASE LEAVE THIS SUBDIVISION AS IT NOW IS. MAINTAIN AND KEEP THE ALLEY WAY OPEN, AND DO NOT SPEND NEEDLESS MONEY TO MOVE THE FIRE HYDRANT_ THANK YOU i 4 J This is a petition to abandone the right-of-way portion of the easement bisecting the Millhollow subdivision. Reasoning 1) The alley right-of-way was deeded to the city 13 years ago in August at the request of the city. No development has taken place in that time, and it appears that no dev- elopment is planned. As a matter of fact, there seems to be a disagreement on what the property is to be used for. 2) Residents of the subdivision have already built on said right of way as if it had already been abandoned. 3) Before deeding of said right-of-way to the city, lots were 98-100 feet deep. After dedication lots were reduced to 90 feet. To build a house within the parameters of the subdivision covenants, side yards and back yards are re- duced to minimum size. 4) Lots appear to be moving slowly or not at all due to the size limitations. 5) Development of an alley or bike path would be detrimental to a quality housing area allowing for possible trash build-up and maintainence problems for the city, as well as unwanted foot and vehicular traffic near the existing dwellings. 6) Development of a path would necessitate the removal of plantings, landscaping and fences already established. 7) With the establishment of a 16' alley -way, side yard set- back for buildings on the southern most lots becomes critical. With a 20' or even 10' set -back some lots may become unbuildable. V 8) Access to all lots is provided for by city street. 9) Nothing about the abandonement would penalize any property owner or create a disadvantage for any lot. 10) Abandonement would give each property owner approximate- ly 800 sq. ft. more to work with. 11) In March of 1988, Bob Sipherd indicated verbally to me that the bike path idea had been abandoned and wrote me that 8 ft of said easement usable for my lot. Advantages 1) Larger lot size which in turn enhances liveability and property value. 2) Provide for maintainence and beautification by property owners rather than city. 3) Allow improvements now in existance to remain. 4) Enhance saleability of vacant lots. 5) Remove any doubt about the residents usage of the property, or whether the city will develop the right of way as a high traffic bike path or alley -way. Disadvantages There are none. I think we are kidding ourselves if we think the city will ever develop this piece of property as indicated. At best you would be building a high risk play area for the kids in the neighborhood. At worst you would be penalizing property owners by 800 sq. ft. each. The people who have tried to build on those tiny lots, have already encountered the problems envolved, and have gone ahead and utilized the easement as it should be used. We have the opportunity to make it legal.