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HomeMy WebLinkAbout1993.10.06 CITY COUNCIL MINUTES~~ 0 City Council 10/06/93 7:30 P. M. State of Idaho( County of Madison( ss City of Rexburg) Present were the following: Mayor: Councilman: Excused City Clerk: Finance Officer: Attorney: Nile L Boyle Farrell Young Brad Liljenquist Jim Flamm Bruce Sutherland Nyle Fullmer Glen Pond Rose Bagley Richard Horner J. D. Hancock Pledge to the flag. A motion was made by Bruce Sutherland and seconded by Brad Liljenquist to approve the minutes. All Aye RE: DISCUSSION OF TRIANGLE AT SHOSHONE & MILL HOLLOW Mayor Boyle referred to a copy of a map showing the roads and property on Shoshone and Millhollow where the road forks and leaves a triangle. Sue Huskinson was at the meeting to make the request. They would like to abandon Shoshone at that triangle and have the road curve and go down Millhollow at an angle. They want the property deeded back to the property owners. Randall Corporation would have to tear out the curb and gutter and replace it. It would make it safer. Mayor Boyle stated that we need to have a public hearing to vacate the street. It would square up the intersection on 2nd South and make it a lot safer. A motion was made by Brad Liljenquist and seconded by Nyle Fullmer to go to public hearing for abandonment of that street. All Aye RE: LETTER OF EVALUATION OF THE OLD SWIMMING POOL Mayor Boyle read a letter from Fred R. Pearson, Ph.D. evaluating the Rexburg Swimming Pool for meeting the State of Idaho's Health and safety requirements. (on file) For at least the past four years the Rexburg Swimming Pool has not come close to meeting the minimum requirements. There are also some serious safety concerns with the Rexburg Swimming Pool. He felt they would have closed the pool down if it had not been another entity, if it was a private one they would have closed it. RE: REXBURG RATED IN TOP 50 CITIES The mayor got a letter from Toucan Valley Publications, Inc. They have rated cities in the ten western states outside of California and have rated in the categories of cost of living, education, safety, income, ethnic diversity, age groups and climate. Rexburg has scored in the top 50, and will be included in their book. RE: REPRESENTATIVE FROM POLICE DEPT. TO ATTEND SAFETY MEETINGS The mayor asked Bruce about having either Blair Siepert or Randy Lewis attend Safety Meetings. Bruce felt they should come and said he would invite them to the next meeting on October 21. RE: POLICY TO REGULATE TAKING WATER FROM FIRE HYDRANTS PASSED The mayor discussed the Policy to regulate taking water from the fire hydrants in the city. A POLICY OF REXBURG WATER AND FIRE DEPARTMENTS REGARDING TAKING WATER FROM FIRE HYDRANTS. (copy attached) It was decided to go with a minimum charge of $400. A motion was made by Jim Flamm and seconded by Bruce Sutherland to pass the policy regulating taking water from fire hydrants. All Aye ~7 1 u RE: ORDINANCE 751 ADOPTING THE 1993 ELECTRICAL CODE, PASSED Mayor Boyle read Ordinance 751 adopting the 1993 Electrical Code. ORDINANCE 751 AN ORDINANCE REPEALING SECTION 11 OF ORDINANCE NO. 702 OF THE CITY OF REXBURG, IDAHO, AND ADOPTING THE NATIONAL ELECTRICAL CODE, 1993, 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 Nyle Fullmer and seconded by Bruce Sutherland 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 751. Those voting aye: Nyle Fullmer Those voting nay: Bruce Sutherland Jim Flamm Brad Liljenquist Farrell Young none Ordinance 751 voas then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Nyle Fullmer and seconded by Farrell Young that ordinance 751 k~e passed. Those voting aye: Nyle Fullmer Bruce Sutherland Jim Flamm Brad Liljenquist Farrell Young Those voting nay: none the roll showed all councilmen present voting "Aye" carried, the Mayor declared that t:he majority of all the members of the city council had voted for the passage of said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. RE: ORDINANCE 752 REGULATING PRIVATE PARKING LOTS PASSED Mayor Boyle read Ordinance 752. An ordinance regulating private parking lots. ORDINANCE NO. "752 AN ORDINANCE AMENDING SECTION 11, SUBPARAGRAPH A. (2), OF ORDINANCE NO. 700 OF THE CITX OF REXBURG, IDAHO, PROHIBITING THE STOPPING, STANDING OR PARKING IN RESTRICTED PARKING ZONES AND FIRE ZONES IN PUBLIC OR PRIVATE PARKING LOTS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. J. D. Hancock Eaxplained the purpose. They are having a problem, because kids are pulling in and parking in various places, especially blocking the entrance and exit to the building or eating establishments which they think is keeping customers away. It has to be prominently posted so the :Language will be uniform throughout the city if this ordinance is adopted it will be like it is around city parks. Then they have to have a separate agreement in writing with the owner of the business with 1~he parking lot that the police have the right to enforce this particular ordinance. With those two provision it will pass the legal requirements for the police to come in and cite them for parking and obstructing a private parking lot. A motion was made by councilman Bruce Sutherland 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 752. Those voting aye: Brad Liljenquist Nyle Fullmer Bruce Sutherland Jim Flamm Farrell Young Those voting nay: none ,~ Ordinance 752 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was madE~ by Brad Liljenquist and seconded by Nyle Fullmer that ordinance 752 k~e passed. Those voting aye: Brad Liljenquist Nyle Fullmer Bruce Sutherland Farrell Young Jim Flamm Those voting nay: None The roll showed all councilmen present voting "Aye" carried, the mayor declared that t:he majority of all the embers of the city council had voted for the ~>assage of said ordinance and duly and regularly passed. Mayor Boyle dec;lared the motion carried. RE: BEER LICENSE TRANSFER FOR NEW OWNER OF K & R LANES Mayor Boyle read a Beer License transfer for the new owner of K & R Lanes for Diane' Miller. A motion was made by Brad Liljenquist and seconded by Nyl.e Fullmer to approve the beer license. All Aye. RE: RESOLUTION 93.15 SETTING WATER RATES AND RATE FOR ALL UTILITY CUSTOMERS LOCATED OUT OF THE CITY LIMITS, PASSED. Mayor Boyle read Resolution 93.15 (on file) setting water rates and the rate for all utility customers located out of the the city limits. The mayor stated tkiat the Organization of Rexburg Heights have protested the 1.5 times t:he rate charged for water. There isn't much G.O.B. Bond money used in our water and sewer system anymore, although there are still things we' are using that were paid for by G.O.B. Bond. Because most of it is paid for by use, they question that we can charge them 1.5 as much. Several people including John Millar and ECIPDA have said if it was challenged in court you probably would not be able to charge them anymore. 7Chis Resolution would reduce the rate for out of the city people from l.~i to 1.3. It would also set a fee for the same raise that other people took for over one million gallons, which would only affect Millhol]Low Trailer Court. Brad asked how we come up with 1.5? The mayor told him, there use to be a General Obligation Bond, but he was not sure why 1.5 was set. Brad asked how they came up with 1.3? Richard said we are going to do a review of then rate structure analysis in the next six months and there are a lot: of assets that were purchased by property tax money that have not been purchased by rate payers that are used by city and non city residents. The mayor said without a study, he and Richard just came up with that figure. Brad suggested that we are just guessing until the study is done. Nyle suggested that the 1.3 might be thrown out as well. Richard stated that there are other cities who charge additional for out of city residents and there are other cities that have had .Lt challenged in court and it has upheld. Richard said there will be a surcharge of somekind. Nyle asked why we are looking at lowering it when we are raising everyone elses rate. Richard said when looking at the sewer rate, it looks a little out of hand. When we raised it $1.20, this would seem a little bit more reasonable. As we have raised the' rates, it has compounded itself and adding 50~ on top of that seems :Like a lot. That is why he had said we should look at cutting it back. Jim asked why we have provided the service to out of the city residents. Richard said it has been on first come first serve basis. Nile said it had been done in the past. He said we have a development going in outside of the city limits that wants to hook onto city water and sewer. His personal feelings is if we extend water and sewer from now on, we annc=_x. The council agreed with that. Jim said we need to be reasonable, but there was no obligation to try to get their cost down the same as the taxpayers and if we don't have the figures we need to lean toward the tax paying citizens. This would reduce there rate 20~. Brad asked if the rate study would look at connection fees as well? Richard said we would look at them. Nyle felt they should pay the same ~ incr_ease as residents. Discussion on annexing Rexburg Heights. ~~ A motion was made by Bruce Sutherland to pass Resolution 93.15. Those voting aye: Bx-uce Sutherland, Jim Flamm, Brad Liljenquist, Farrell Young, Those voting nay: Nyle Fullmer RE: DISCUSSION OF PLANTING MORE TREES & TREES ON MAIN STREET The mayor told the council we are getting ready to plant more trees on Center Street. Rexburg Food Center is concerned about the trees in front of their store, because they hide their store. They want the trees cut down. Jim Flamm said we have the same problem up and down Main Street. They should have a program to keep the trees pruned. It is hard to see the sign at the Food Center. You can't see the marquee at the Westwood Theatre. Nile stated that Alan Wilson is going to bring one of hi_s classes down from the college and show them how to prune the trees and then they will prune all the trees on Main Street and the city cx-ews will clean up. Brad stated it is important to accommodate the' businesses along Main Street, if they have their sign blocked. Nile suggested transplanting the trees if possible and planting small trees. Bruce was not sure we could transplant the trees without digging up cement. RE: STREET BY WATER TOWER J. D. Hancock x-eported on the street by the Water Tower off of South 2nd East. The street goes around the Cook potato cellars. It was originally established as a county road. It still is a public road. We would have t:o have a request for a public hearing for Abandonment. RE: DISCUSSION ON PRE WRITTEN CHECKS FOR COUNCIL MEETING Brad questioned all of the pre written checks that are made out prior to Council Meeting. He had no problem with the travel checks and tax checks, but dicl question the larger checks. Brad felt there was more and more of them. Jim Flamm questioned checks made out that did not match the purcYiase orders. (discussion on pre written checks) A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to pay the bills. All Aye. RE: UPDATE ON THE NEW POOL BOND ELECTION Brad updated the council on the Pool Bond Election on November 2 and he gave the council a handout as to what they are doing to get the information out:. In addition to talking to the service clubs as they get invited, they would have some things in the paper and on the radio. They are going to have a public information meeting on October 28 at 7:00 P. M. ThEay would also send out volunteers to canvass the neighborhoods in town with information about the bond issue and why we are doing it, ]zow the money will be spent, how much it will affect their taxes, things like that. He added they would accept anyone's contribution of time. There will be a brochure to hand out. It will also be mailed out. Jim discussed the Training Program. Meeting adjourned. f" Mayor, Ni L. Boyle City C erk, Ros a ey l