HomeMy WebLinkAbout1993.04.07 CITY COUNCIL MINUTES~I ~.
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City Council
4/7/93
7:30 P. M.
State of Idaho)
County of Madison( ss
City of Rexburg)
Present were the following: Mayor:
Councilman:
Excused:
Nile Boyle
Farrell Young
Brad Liljenquist
Bruce Sutherland
Nyle Fullmer
Jim Flamm
Glen Pond
Pledge to the flag.
During the month of April, there will be no charge for hauling extra
garbage from cleaning up yards.
RE: GRANT FOR TREES
We were successful in getting a grant from Idaho Department of Lands to
plant about 500 trees, with a $7500 grant. The trees will be planted
in the nature park to hide the City Shop and equipment and supplies in
the shop yard. They will also act as a wind break.
A motion was made by Farrell and seconded by Nyle Fullmer to approve
the minutes. All Aye
RE: DISCUSSION OF THE BIDS ON THE CLUBHOUSE TRAILER AT THE GOLF COURSE
Jim Martin was at the meeting to discuss the trailer that has been used
as a club house at the Rexburg Golf Course. On March 18 and for two
weeks after, it was advertised in the paper as surplus property for
sale to be moved by the successful bidder. Readers were instructed
that they were to contact City Hall and the bids closed April 2, 1993.
He had spoke with Richard Horner, he told me on March 17, that the bids
would no longer be accepted after 4:00 P. M. on April 2, 1993 because
that is when the doors were locked and at that time the bids would be
opened and that the successful bidder would be named immediately there
after. Mr Martin waited until the afternoon of April 2 to put in his
bid. Mr Horner had informed him at 3:52 P. M. that there was only 8
minutes left and he could not legally accept anymore bids after 4:00 P.
M. and told him that a couple more times before Mr Martin handed him
his bid at 3:58 P. M. There were only two bids and they were opened at
4:15 P. M. on April 2. in front of Mr Martin, his wife, and a friend
and some of the office staff. At that time Mr Horner told us we were
the successful bidder and the trailer was ours subject to the approval
of the bid by the City Council tonight. He said he saw no problem with
it. Mr Martin had asked Richard when he needed to pay for it, and
Richard told him as long as it was paid for before he moved it. He said
if they paid for it then, they could have moved it the next day, which
was last Saturday. On April 3 he spoke with his boss Dave Williams and
he told him there was problem, someone had come by the office at 4:30
P. M. and wanted to submit a bid. Richard explained, a fellow came in
with a bid at 4:30 P. M. and he told him the bid was closed and it was
no good. That fellow called Richard back and told him he had looked in
the paper and it was not 4:00 P. M., it was all day. In the add it did
not say 4:00 P. M., which he had mistaken and thought it did, because
we close at 4:00 P. M. Richard called J. D. Hancock, and J.D. said we
had to accept the bids until the day is over. So Richard told this
fellow we would have to rebid it, because he had messed it up, which he
apologized for. Mr Martin argued because even though he was told the
bid was closed, he did not leave the bid at city hall. What would have
happened if we would have paid for it that night and moved it on
Saturday? He asked the council to consider it, the office closed on
April 2 at 4:00 P. M. and his bid was in before 4:00 P. M. His bid was
the successful bid and Mr Horner did award the bid to him.
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J. D. stated that since no time was specified on the add, it would have
to go to the close of the day, it did not say at the close of the
business day or 4:00 P. M. or 5:00 P. M. that is why he had suggested
that we reject all bids and rebid it and specify that the bids must be
submitted no later than a specified time. Richard told the council
that the bids were $2100, $1600, and $1800. It is in the paper and
will require two weeks. The council agreed that it was the fair way
and legal way to do it was, to rebid it. They did sympathize with Mr
Martin.
RE: GARBAGE PICKUP OUT SIDE OF THE CITY LIMITS
Kathy Pope from American Sanitation was at the meeting. They own a
local garbage business and operate out in the country. The city has
been hauling garbage out in the country for businesses and a few
residents. She requested that the city send these businesses and
residents a letter who are outside of the city limits that the city is
serving now stating there is a local garbage service that can offer
good reliable service out in the country. She wondered how the council
felt about that.
Brad Liljenquist asked how many we were doing now? Richard told him
there are five businesses and about a dozen residents. They have
requested us to pick up their garbage, since then American Sanitation
is servicing the country. Nyle Fullmer made a motion that we only take
care of sanitation problems and pickup garbage in the city limits of
Rexburg, seconded by Bruce Sutherland. All aye. Richard said he would
write a letter. The council felt that he should tell them there were
private enterprises that could pick up their garbage.
RE: BOWEN-THOMASON PROPERTY OFF OF 5TH S. & 2ND W.
Sharon Schindler, Real Estate Dealer, was at the meeting with Grant
Bowen to discuss the property off of 5th South and 2nd West,
approximately 10 acres. On the city map it shows some roads going
through that property - South 3rd curves and comes out on 2nd West.
The mayor called John Millar and had him check on it and he said none
of those streets had ever been deeded to the city. His opinion was
whoever developed the property would have to come in with a plat and if
that plat was accepted by Planning & Zoning and City Council, it would
not necessarily have the streets where they are now. They could be
where you want them as long as the plat went through the required
process with Planning & Zoning and City Council. We would not allow
any building permits in that area until that plat was brought to
Planning & Zoning and accepted. If you wanted to change the street to
some place that would serve better than they are now, that would be
permissible for best use of the land. It would just have to be
approved by the Planning & Zoning and City Council. If it did not
comply with the zoning, the zone would have to be changed as well.
RE: ZONE CHANGE AT CENTER & 1ST SOUTH FOR BEEHIVE CREDIT UNION
Public Hearing 8:00 P. M. to amend the zoning ordinance, that the
following described property be zoned CBD rather than HDR as it is
presently zoned. The said property is located between Carlson Avenue
and First South Street and Center Street and College Ave. This would
enable them to build the Beehive Credit Union. No one was at the
meeting to comment. Shane Berger explained that the property was
located East of Morris Floral, and Mrs Parkinson's house is on the
South. A motion was made by Brad Liljenquist and seconded by Bruce
Sutherland to proceed and change the Zone from HDR to CBD. All Aye
RE: CONDITIONAL USE PERMIT GRANTED FOR STONES TOWN & COUNTRY TRAILER
COURT
Nyle Fullmer made a report from Planning & Zoning.
The Planning & Zoning had recommended, after a Public Hearing was held,
that Stone's Town & Country Trailer Court be granted a Conditional Use
Permit and be allowed to put an extension on their trailer court - ten
additional trailers and also some storage units. It was recommended by
the department heads with the question that there be adequate drainage.
Mr Loveland assured the council that there was adequate drainage. A
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motion was made by Nyle Fullmer and seconded by Brad Liljenquist to
approve the recommendation made by Planning & Zoning. All Aye
RE: TREES BY B M C WEST
Nyle reported that it was recommended by Planning and Zoning that they
hold a Public Hearing for a Variance for B.M.C. West. Mike Glass was
to the meeting and said when they take out the trees he would plant
four more trees and landscape.
RE: JACK COVINGTON PROPERTY
Nyle reported that Jack Covington had come to the Planning & Zoning and
discussed putting storage units in behind his business. He had also
requested getting the Zone changed for the property across the street
from his business and on the East side of his house to MDR to allow
some four-plex to be built. It was recommended to go to Public Hearing
at the Planning & Zoning's next meeting.
RE: VARIANCE FOR TOM MILLER - 453 YALE
After a long discussion Planning & Zoning recommended that Tom Miller
be granted a variance due to the irregular shape of the lot. A motion
was made by Nyle Fullmer to ratify the recommendation by the Planning &
Zoning to grant a variance. Seconded by Bruce Sutherland. All Aye
RE: BIDS ACCEPTED FOR MOWERS FOR THE GOLF COURSES
Dave Williams, Golf Course Superintendent, stated they opened the bids
for the new mower after running an add in the paper. He had bids from
Utah where they handle that type of equipment, no one local handles
this type of equipment. We only got one bid and it was from Rocky
Mountain Turf and Equipment for three Jacobsen Mowers for $76,110.
Dave explained that the total amount financed was $76,110 at 5~
interest. We will pay $20,000 down due at delivery, October 1, 1993
there will be a $10,000 payment, October 1994 and October 1995 and
October 1 1996 there will be payments of $17,578. He explained how it
fit in the budget. A motion was made by Brad Liljenquist and seconded
by Nyle Fullmer to accept the bid and authorize the Mayor to sign the
financial papers. All Aye
RE: SURPLUS PROPERTY FOR SALE
The mayor explained that a few years ago we got goats to keep the weeds
down at the Wastewater Treatment Plant. We don't have the goats now
but we still have the loafing sheds. We need to declare them as
surplus property. A motion was made by Nyle Fullmer and seconded by
Brad Liljenquist to declare them as surplus property. All Aye.
A motion was made by Nyle Fullmer and seconded by Brad Liljenquist to
declare the Old Golf Course Club House as surplus property. All Aye.
RE: MONEY FROM D.E.Q.
We got a letter from D.E.Q. that we they finally maxed out that study
and we would get the money within ten days.
RE: DANCE HALL BUSINESS LICENSE CHANGED TO $100.00
Discussion on the $200 business license for Dance Halls. Nyle said he
and Blair had discussed it and Nyle felt it was excessive and we need
to reduce the amount. J. D. would have to draw up a resolution to
change the amount of the license. A motion was made by Bruce
Sutherland and seconded by Brad Liljenquist to change the amount
charged to Dance Halls for the business license to $100. All Aye.
RE: STREET LIGHTS ON 2ND EAST, ETC.; APPROVED
Nyle told the council that he and Blair had checked out the street
lights on 2nd East. They felt that we did not need to go any farther
than Wendy's. Nyle listed areas that there needed to be a street light
which were at: Tri County Equipment at the Pedestrian Cross Walk, on
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the north bank on the west side and one next to Cal Ranch; one by the
Ferguson Property across from Mc Donalds; one by Federal Land Bank and
Electrical Wholesale. They also felt there should be one put on the
intersection at 1st South and 1st East, that is really dark. The mayor
told him to prepare a list for Utah Power & Light, if the council
approves them. The mayor said on the bridge project on 2nd East, you
can't pay for anything more than 50 yards this side of the bridge.
Richard stated that we do have a budget in the street department to do
some lights. A motion was made by Nyle Fullmer and seconded by Bruce
Sutherland to add those above listed lights. All aye
The mayor reported on the South Arterial committee progress.
RE: STOP LIGHT ON 2ND EAST BY WAL MART
The mayor reported on the Stop Light on 2nd East. He thought the
matter had been resolved, J. D. got the reassurance from Walmart.
There is a dispute between Walmart, Albertsons, and Western Land
Holdings about who is going to pay for the light. Walmart and
Albertsons were under the assumption that it was going on a percentage
agreement and Western Land Holdings did not think they should pay
anything. Their attorneys are fighting over it. The city was not
involved in any of it. All the correspondence was with the State
Highway Department, and they will send us a copy of it. Even the State
Highway Department did not get a signed agreement on it. We decided
that all we could do is not issue anymore building permits in that area
until the light was put in. Steve Pruitt said he did not care. A
motion was made by Nyle Fullmer that we will allow no more development,
building permits or business licenses in Mountain River Plaza 1 or 2
until the Stop light is put in. Seconded by Brad Liljenquist. All
Aye.
RE: RESOLUTION 93.6 - ACCEPTING THE AIRPORT TIE-DOWN AGREEMENT
Mayor Boyle read Resolution 93.6 with the Idaho Transportation
Department Division of Aeronautics. Accepting the Airport Tiedown
Agreement of the State of Idaho through the Idaho Transportation
Department (Division of Aeronautics) for Ten (10) sets of Tiedown
chains to be used in the development of the Rexburg-Madison County
Airport. There would be two for transient airplanes. A motion was
made by Nyle Fullmer and seconded by Bruce Sutherland to pass the
resolution and authorize the mayor to sign it. All Aye.
RE: EXPLANATION OF WASTEWATER TREATMENT PLANT LOAN & BID
Richard Horner gave each councilman a handout explaining the bids for
the Wastewater Treatment Plant and also the costs. On April 21, we will
have to pass a resolution on the signing of the loan document with the
state, award the bids conditional upon the state approval, and setting
the sewer rate beginning May 1. The mayor told the council that before
Jim Flamm left, he stated that he did not like the $7.00 minimum, he
suggested that the council and the committee have a work meeting and
discuss rates before we set them. (Richard explained the handout)
A work meeting to discuss the rates will be held Wednesday, April 14,
at 8:00 A. M.
A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to
pay the bills. All Aye
Meeting adjourned.
Mayor, Ni L. Boyle
City Cle Rose gle