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HomeMy WebLinkAbout1991.01.23 CITY COUNCIL MINUTES~~ CITY COUNCIL 01/23/91 State of Idaho) County of Madison{ss City of Rexburg) Present were the following: Mayor: Nile Boyle Councilmembers: Excused: Glen Pond Nyle Fullmer Farrell Young Brad Liljenquist Darlene Peterson Bruce Sutherland Also Present: Rose Bagley, City Clerk J. D. Hancock, Attorney Richard Horner, Treasurer 1 RE: APPROVAL OF THE MINUTES A motion was made by Nyle Fullmer and seconded by Farrell Young to approve the minutes. All Aye. RE: UPDATE ON THE AUDIT REPORT Glen Pond reported that the final audit was not ready and made a motion to move the audit report until the first council in February. Seconded by Nyle Fullmer. All Aye. RE: THE TRAFFIC SIGNAL ON MAIN STREET AND 2ND WEST The mayor discussed the traffic signal on Main Street and 2nd West. He had received calls from the Department of Transportation about it. The total cost would be $90,000 to up date the traffic light. Because it is on a State Highway they would pay half. We would have to pay $45,000. The council discussed it and felt it was not justified. It is a big expenditure for that convenience. It was decided to turn it over to the Traffic Safety Committee, and see if they would recommend it. RE: TABERNACLE COMMITTEE AND CREATING AN ARTS AND PERFORMING ARTS COUNCIL The tabernacle committee have made a recommendation that we put a few more members on the committee and have an Arts and Performing Arts Council. The reason for this is to qualify for state grants. We would have to make the tabernacle handicapped accessible to get the grants. The mayor had a list of suggested names. The mayor suggested appointing three or four people and they would work under the tabernacle committee. The council authorized the mayor to approve the names for the board. RE: REQUEST FROM THE WYLIES TO STORE A TRAILER HOUSE FOR REPAIR Camille Wylie of 210 West 2nd North and Orveal Wylie was at the meeting. Mrs Wylie owns a trailer house that is parked in a trailer court. There has been a fire in it and it needs to be repaired. They requested to move the trailer to the Wylie property to do the necessary repairs so they could sell it. Brad Liljenquist ask how long it would take. Mrs Wylie said until they could get some money from the man that had been renting the trailer when the fire damaged it, because there wasn't any insurance money. It would make it convient to repair the trailer. A motion was made by Nyle Fullmer to give them a variance to move the trailer on their property for a period of six months for the purpose of repairing it and that it not be hooked up for occupancy. Glen Pond stated that he felt six months was too long. Nyle Fullmer amended his motion to state that they be allowed to leave the trailer there until June 2 to store the trailer for repairs. The motion was seconded by Farrell Young. Those voting Aye: Nyle Fullmer and Farrell ~\ Young. Those voting nay: Brad Liljenquist and Glen Pond. There being a tied vote Mayor Boyle made the final vote to allow the Wylies to move the trailer on the property to repair it only. RE: VARIANCE APPROVED TO MAURICE WILKEY TO OPERATE A BUSINESS OUT OF HIS APARTMENT. Maurice Wilkey owner of Summit Productions, he had the business for two years operating out of Gallexy Apartments. The kind of business is video duplication and production. The council has given him permission to operate his business out of his apartment for two years with the stipulation that he has to have council renewal each year. He has had no complaints. A motion was made by Nyle Fullmer to give him a variance to operate the business for year. Seconded by Farrell Young. All Aye. RE: ENFORCEMENT OF APARTMENT COMPLEX PARKING Glen Pond reported on a meeting he and the mayor attended with the Off Campus Housing. The apartment owners were at the meeting. The apartment owners were willing to comply, but they felt like city should take some responsibility in helping them enforce the parking if we are going to require them to pave and maintain the parking lots. The mayor had talked to Chief Siepert about it and he has written a letter (attached). This letter indicated that if vehicles are parked into or out of private property or substantial interference with the use and enjoyment of private property then the city under the state code could go in and tow those vehicles. The feeling of the apartment owners is if a few vehicles were towed away and the students had to pay the impound fees that the news would spread through the campus and we wouldn't have a problem. The impound fee is $25.00 and if we start doing this we would have increase that fee to cover the cost of doing that. A discussion on giving situations instead of impound. J. D. Hancock told the council that you can't give situations on private property. The state code only authorizes towing. The property owners need to post signs on the property. The council felt that the law is already in place we just need to notify the apartment owners that they need to post it. We also need to adjust the fees to cover the administration fees and wrecker fees. A motion was made by Nyle Fullmer to proceed with enforcement. Seconded by Glen Pond. All Aye. RE: DEAN BIRCH'S APPLICATION FOR A BUILDING PERMIT Glen Pond stated that we have had an application for a building permit for additional housing on South 1st West for Dean Birch. We have previously passed a resolution to require plans to be drawn by an architect or engineer or have a plan review. We submitted these plans to Dixon Watson Associates Architects and they came back with a letter. (copy on file} There are no structural diagrams for any building inspector to inspect. Glen said we have no alternative than to return the plans. Glen said it was his impression is that we have a problem and have to address the problem. Nyle Fullmer said we need to enforce it. Glen stated that when a builder bids the building they need to take into consideration all the fees. The mayor said the UBC is specific on what is required. Farrell Young said he felt we need to enforce it. Planning and Zoning will look at it tonight. RE: APPROVAL OF THE BILLS A motion was made by Glen Pond and seconded by Nyle Fullmer to pay the bills. All Aye RE: SIGNATURES AUTHORIZED ON CHECKING ACCOUNTS A copy of the authorized signatures on checking accounts was presented to the council (copy attached). It was recommended that the Bank of Commerce be added to the list. A motion was made by Glen Pond to approve the authorized signatures. Seconded by Nyle Fullmer. All Aye. A motion was made by Glen Pond and seconded by Farrell Davidson to adjourn. All Aye. ~l 1 ~, ~;` City Clerk, Rose Bagley ~~ .~, ~-" Mayor N'le L. Boyle ~ :, ~, 1 CHIEF OF POLICE Blair K. Siepert DATE: T0: rROM: January 22, 1991 Mayor Nile Boyle Blair K. Siepert Chief of Police SUBJECT: Parking Enforcement on private property Dear Mayor: REXBURG POLICE DEPT. 12 North Center St. Rexburg, Idaho 83440 (208) 359-3008 In reviewing our current State codes; and City ordinances, I have been unable to determine any way that we could enforce private parking lots by issuing parking citations. Ilowever, it appears that under Idaho Code 49-1806 (3), we could enforce the parking lots by impounding the vehicle's which substantially interfere with the use and enjoyment of the private property. Sub section (3) reads as follows: Where access into or out of private property or substantial interference with the use and enjoyment of private property is created by an unauthorized or abandoned ve}iicle being parked or otherwise left on private property, the person owning or controlling the property may contact an authorized officer who may, without regard for the provisions of section 49-1804, Idaho Code, immediately proceed to have the vehicle removed to a garage or nearest place of safety. All other provisions of this chapter shall be complied with. The area's that need to be complied with would include that the property be posted in a clear]y conspicuous location, in large print, a sign or notice that unauthorized vehicles will be removed at the owner's expense and designating the name of the towing firm. I personally don`t share the idea that a few impounded vehicle's would solve the problem for the apartment owners. Past experience has indicated that those apartments that are bordering the Campus, would be a constant enforcement problem, and perhaps numerous vehicle's would have to be impounded under this code. I can also see incidents where the manager or apartment owner would complain of an abandoned vehicle, only to find out a short time later, that the vehicle belonged to the students parents, boyfriend, girlfriend, etc. I am also concerned that by impounding the vehicle's, many police hours will be spent, both by , the patrol and the office staff in enforcing, and there collecting fee's t ` ,, :;, ~;.,; , .. ~~ and releasing the impounded vehicle's. If we are going to consider enforcement under this code, I suggest we add the following: 1. Proper signing at all entrances, in large bold letters, stating the following: PRIVATE PROPERTY - TENANT PARKING ONLY UNAUTHORIZED VEHICLE'S WILL BE TOWED AWAY AT OPERATOR'S OR OWNER'S EXPENSE - CONTACT ,.-~, REXBURG POLICE DEPARTMENT FOR TOWING INFORMATION AT 359-3000 This signing information would have to be approved by myself or my designee prior to the impoundment of any vehicle. 2. In helping to prevent angry parents, students, or others, I would request that authorization and certification notice be signed by the owner or manager of the concerned apartment prior to impoundment. To read as follows: AUTHORIZATION AND CERTIFICATION FOR REMOVAL I, hereby certify that the vehicle, license ~~ is substantially interfering with the use and enjoyment of private property, and was not authorized to be parked on private property located at , known as In violation of Idaho Code 49-1806 (3). I hereby request, direct, acid authorize the Rexburg Police Department, to have the vehicle removed to a garage or the nearest place of safety. Dated: Authorized Signature Witnessed by Officer: It would be my intent to make the owners or the managers of the apartments more responsible for the enforcement of their private lots, and not have them automatically call the Police Department to solve each and every incident. 3. It would also appear somewhat obvious, that should the Police Department become involved with impounding the numerous vehicle's, it would become necessary to increase our impoundment fee to cover the additional cost involved. Currently, the wrecker services charge us $25.00 per impound, with the Police Department collecting only the $25.00 to repay the City, and then having the option of collecting $1.00 a day storage fees. I feel it would be necessary to add a ~~ x $5-10.00 additional impoundment fee to cover our cost. I have been opposed to adding additional fees in the past, because we deal mostly with students who are hard pressed to raise the money. I hope this information will assist you in deciding on how to assist the apartment owners with their parking and should I be of further assistance, please advise. Respectfully Submitted, Blair K. Siepert Chief of Police ~. i~ ~Il CITY OF REXBURG Authorized Depositories First Security Bank Valley Bank Key Bank West One Bank First Federal S & L East Idaho Federal Credit Union Washington Federal S & L State Treasurers Investment Pool Bank of Commerce Authorized Signators Nile Boyle Richard Horner Roae Bagley Glen Pond Darlene Petersen Nancy Ottesen Blair Siepert Lynn Archibald Sheila Rhodes Accounts General Police/Drug enforcement Investment Payroll Investment Meter Deposit Investment L.I.D.'s Investment Investment Investment Investment Investment Accounts All All All All General & Payroll Meter Deposit Police/Drug enforcement Police/Drug enforcement Police/Drug enforcement ti ;,, i. ~.,.Y ~, ~ r~ vi-~' _ ~~