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HomeMy WebLinkAbout1994.08.17 CITY COUNCIL MINUTEST DATE: (081794) City Council 8/17/94 7:30 P. M. State of Idaho) County of Madison( ss City of Rexburg) Those Present: Mayor: Nile Boyle Councilman: Kay Beck Farrell Young Glen Pond Bruce Sutherland Nyle Fullmer Jim Flamm City Clerk: Rose Bagley Attorney: J. D. Hancock Finance Officer: Richard Horner Engineer: Joe Laird Pledge to the flag. A motion was made by Bruce Sutherland and seconded by Farrell Young to approve the minutes of 7/20/94 and 8/3/94. All Aye RE: COMPLAINTS ABOUT TREES & BUSHES GROWING INTO ALLEY WAYS TOPIC: (19,28,,,ALLEYS,TREES & BUSHES,GARBAGE) We have had some complaints from the Street Department and Sanitation Department about the alley ways. The trees and bushes are growing into the alley so they can hardly drive through the alleys. Farrell thinks we should either have the property owners trim them the way they want or we need to go in and trim them back. Glen felt we need to contact the home owners and see if they will take care of it and if they won't we will have to take care of it. The mayor said we could write a letter to each one. People are also dumping all of their yard waste over the fence into the alley. Nyle Fullmer stated he had not seen that much of a problem, some dump it in a pile and at the end of the summer they gather it up and haul it away. Glen asked if there is a reason we need to go through there or maybe the people would like us to abandon them. RE: MEETING WITH HIGHWAY DEPARTMENT TOPIC: (19,28,,,NORTH HIGHWAY,SOUTH ARTERIAL) The mayor told the council that the Highway Department will be meeting with us at 9:25 A.M. to try to get them to fund the North Highway this fall rather than next spring. We will also talk about the South Arterial. RE: GARBAGE ORDINANCE DISCUSSED TOPIC: (19,28,,,GARBAGE,ORDINANCES) Bruce Sutherland discussed the garbage ordinance. He asked if the council wanted to include yard waste. (discussion) The mayor suggested that we encourage people to haul their own. He asked John Millar when "D" pond would be dried up so we can haul yard waste to that pond? John said it would probably be ready by next summer. Kay mentioned that there are a lot of people that don't have a way to haul yard waste and they have to do something with it. Bruce said he would leave yard waste out now and add it later. It was suggested that there be a $300 fine for dumping in dumpsters and split between the owner, city and the one that turns the person in that dumps in the businesses dumpsters. The mayor asked Bruce and J. D. to work on the ordinance and have it for the council to read ahead of council meeting. RE: SIZE OF SIDEWALKS DISCUSSED (CHARLES MICKELSEN COMPLAINTS) TOPIC: (19,28,,,SIDEWALKS,MICKELSEN*CHARLES,MAILBOXES) !' Charles Mickelsen was at the meeting to complain, he was given a notice on July 15 that he needed to put in a 5' sidewalk on a piece of ~~ property, he had just built a house on. It goes back to an ordinance dated June 6, 1984. It also says that at the time of the footing inspection, Dar Mickelsen was informed that a 5' sidewalk was required. Dar was never hardly up to the property, they should have talked to Charles. After that Charles got a letter dated July 29 and it says that on July 21, he had put in a substandard sidewalk, because it did not meet the five foot. On July 20, he had gone in and talked to Joe and told him about the letter with the 5' and told him if he would look up the hill at all the homes built within the last two years, there is not one 5' sidewalk in the bunch, so how can you force me to put in a 5' sidewalk, when you have not enforced this ordinance in ten years. At that time Joe said he didn't care what size of a sidewalk I put in so Charles stated he would put in a 4' sidewalk, and Joe said yes. The next day he was getting ready to pure sidewalk and had cement coming in ten minutes, and when you have cement coming in ten minutes, you have paid for cement. He told them it was going in that size, it is too late. You can't just tell someone the next morning ten minutes before, after they did all the work of laying out footings and everything, that they have to put in a 5' foot sidewalk. To do that he would have to add a foot, and that would be ugly or he would have to tear out some concrete. In the area it is on Maple, there is no sidewalks along there. Five foot sidewalks in most areas of the city is not even there. Also in the letter it quotes Resolution 94.4 about written approval on the width of the sidewalk from the Building Inspector. He did not get written approval, he got a prior verbal approve to put in the smaller sidewalk. This sidewalk if 3/9', because the owner already had landscaping and it met up with his landscaping. The mayor asked if the mailboxes would be in the sidewalk? Mr Mickelson said that is where the mailboxes are now. Kay Beck said the next guy that puts in a sidewalk will have to put in a 5' sidewalk. Kay discussed widths for sidewalks. Joe Laird did not remember the conversation giving him approval for a 4' sidewalk. Charles said the letter also states it was listed on his building plans, that a five foot sidewalk was required. Mickelsens had not drawn in a sidewalk on their plan and up to the time they got the first letter, Charles was not aware of any sidewalks that had to go in. He would have poured the sidewalk at the same time he poured his driveway. He claimed that he got Joe's okay to put in the 4' sidewalk and if he works for the city, it should have been the okay that he could put in that sidewalk. Bruce was concerned that a 4' sidewalk was not a 3.9' sidewalk. Right now there are not any sidewalks on the whole block. Charles stated that if it gets changed he felt the city has some liability. Nyle stated that less than a month ago we made people move a trailer that was costly. We have to draw the line. A motion was made by Jim Flamm to propose that the council do not act on this issue at this meeting and give him an answer at the next meeting. seconded by Glen Pond. All Aye Jim asked Charles to bring in a copy of the stamped plans before that meeting. RE: ORDINANCE 758 TO ANNEX VILLAGE GREEN TRAILER COURT PASSED TOPIC: (19,29,ORD,758,ANNEXATIONS,BAKER*KAY,TRAILER COURTS, VILLAGE GREEN TRAILER COURT) Mayor Boyle read ordinance 758 to annex Village Green Trailer Court owned by T. Kay Baker, to the City of Rexburg. AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE MADISON COUNTY-REXBURG COMPREHENSIVE PLAN 2000 TO SHOW SUCH ANNEXATION AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO' AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. The mayor said we had changed some wording on the Annexation Agreement. "(6) This mobile home court has plans for 80' x 450' in which to allow overnight parking. Only self contained units would be allowed to use this area." This is different. The other thing Kay Baker wants to discuss is the garbage pickup on this property. He is close to the Transfer Station and wondered where it is $50 a ton if he could haul it better and cheaper 1/4 mile to the Transfer Station. They will be charged a minimum. Richard thinks we need an ordinance stating it will be hauled by the city. It would be hard to enforce. (discussion) ~~ Richard stated that we have invested a lot of money in the garbage system and should we allow everyone to haul their own garbage? If they do will it be controlled so it isn't a health problem? Kay Beck did not see anything wrong with letting him haul his own garbage. The other councilman agreed. Richard suggested that if we let other people haul their own garbage that they give us at least 2 weeks notice. A motion was made by councilman 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 758. Those voting aye: Nyle Fullmer Jim Flamm Bruce Sutherland Glen Pond Farrell Young Kay Beck Those voting nay: none Ordinance 758 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 Nyle Fullmer and seconded by Kay Beck that ordinance 758 be passed. Those voting aye: Kay Beck Farrell Young Glen Pond Bruce Sutherland Nyle Fullmer Jim Flamm Those voting nay: none The roll showed all councilmen present voting "Aye" carried, the Mayor declared that the 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: PROCEED WITH OTHER SUGGESTED ANNEXATIONS TOPIC: (19,30,,,WALTERS READY MIX,CLINGER*ARGUS,AMERICAN POTATO) Mayor Boyle reminded the council that we have talked about a few other areas that we need to annex. One is out by Spuds because they want water and sewer, also High Country property, Walters Ready Mix property, a small piece by American Potato, the area owned by Tri State Tire, everything South of the river, Argus Clinger property and possibly some of the College property. The council felt we should proceed. RE: PROBLEM WITH NOISE ON MAIN ST. & 2ND EAST (MUSIC & CAR MUFFLERS) TOPIC: (19,30,,,NOISE,MAIN STREET,2ND EAST) Terrell Arnold was at the meeting with a petition from the property owners in the area around East Main regarding the loud mufflers and music. (copy on file) Terrell stated that there are three kind of noise polluters. There is a group of young people who are bent on making noise for the city. There are those that come into the city on Friday night and have a good time going up and down the street and then there is recently the drum beat. Lee Terry- He has some sympathy living up the street from Terrell. He felt like it was retaking the streets. In other cities they are struggling with problems. He felt that the mufflers and boom boxes was an invasion of all of our privacy. Terrell- The noise goes on all the time now. He felt that if they would arrest and fine a few it would help. The city is letting it get out of hand. After 1:00 A.M. the people should not be running up and down the street because all they are doing is making noise. J. D. said there is a law about disturbing the peace and quite in any neighborhood. Terrell said there is a group that thumb their noses at the police and public. He felt there should be some action taken. Main Street and 2nd East is probably the worst. The mayor asked Nyle to check on it and have J. D. do some research on noise abatement ordinances and disturbing the peace. (discussion) J. D. said the only way they have enforced it in other areas is to get a Decibel Meter. Nyle would have the police check on it. The mayor reviewed a Water & Sewer Line Charge Ordinance. He asked the council to review it and we will bring up the ordinance at the next meeting. RE: RECOGNITION OF CITY EMPLOYEES RECEIVING CERTIFICATION TOPIC: (19,31,,,CERTIFICATIONS) The mayor read a letter from the Certification Board of the State of Idaho saying. The following had passed the test as Certified Operators: Dave Thibault- Wastewater 3, Steve Murphy- Wastewater 4, Jim Smith- Distribution Operator 1, Jim Bissette and DeLynn Edstrom got Certifications earlier. The mayor congratulated them on their achievement. Bruce Sutherland gave a P&Z report. The Planning & Zoning have recommended that the city pass the 1994 Uniform Sign Code. RE: DISCUSSION ON THE NEW 1994 U.B.C TOPIC: (19,31,,,U.B.C.,FIRE DEPARTMENT) Discussion on the new 1994 U.B.C. Rex requested not to adopt it cover to cover the U.F.C. He recommended that we go along with what the state does. Joe was asked to review the codes and make recommendations for adoption. RE: PRELIMINARY PLAT FOR JOE LAIRD'S SAWTELLE SUBDIVISION APPROVED TOPIC: (19,31,,,PRELIMINARY PLATS,SAWTELLE SUBDIVISION,LAIRD*JOE, SUBDIVISIONS,LIFT STATIONS) Joe Laird's Sawtelle Subdivision plat was presented for a Preliminary Plat review. The plat is just west of the Park Street Church. The church developed half of a street and he would put it on through. The street shows 30' right-a-way and his half would be 22'. The mayor said that when the new church is finished the 13th ward will go to the Park Street Church and will probably travel that road. We need a lift station on that end of town. Joe said he would just get the plat approved now and would have to wait for the lift station before he would develops it (he explained). Nyle Fullmer asked if the lift station was the responsibility of the city or the developer. The mayor explained that it depends on if the developer builds it just big enough for his development or big enough to help the city. Glen stated that he did not think there was a lift station in the city that the city has not put in. Richard Horner explained that the lift stations as well as the lines will be charged in the new ordinance fvr line extension charges. A motion was made by Kay Beck and seconded by Nyle Fullmer to approve the preliminary plat for the Sawtelle Addition. All Aye RE: COMPLAINT ABOUT TENTATIVE BUDGET - INCREASING FRANCHISE TAX TOPIC: (19,31,,,BUDGET,FRANCHISE TAX,STREETS) Adopt Tentative Budget- Glen stated he still had a problem because we are not getting the funds from the source they should be coming from. We are trying to put a band aid approach to a problem that is not going to be resolved through the way we are going to collect the money. If the money is going to the streets, it should come from a gas tax, rather than a franchise tax. The state needs to give us the ability to get the funds from a gas tax. Jim felt that if a gas tax was put on in Rexburg, people would drive to Idaho Falls to buy gas. The mayor felt it would have to be state wide. Bruce stated that we need to get a reconstruction plan for the streets going. Richard explained the changes in the budget. A motion was made by Jim Flamm to adopt the Tentative Budget as presented, seconded by Bruce Sutherland. All Aye The public hearing will be at the next City Council meeting at 8:00 P. M. ~~ A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to pay the bills. All Aye. Kay Beck reminded the council that we told the Randall Corporation that we would give them an answer. RE: PUBLISHING THE BUDGET TOPIC: (19,32,,,BUDGET,FRANCHISE TAX,UTAH POWER & LIGHT) Richard told the council we will publish the proposed budget, but-also publish a notice of all fees increased. We will have to pass an ordinance to increase the fee for the Franchise fee and give them a copy of the ordinance to Utah Power & Light. RE: INTERSECTION AT MILLHOLLOW & SHOSHONE DISCUSSED TOPIC: (19,32,,,MILLHOLLOW,SHOSHONE,INTERSECTIONS,STREETS) The mayor talked to the council about the Intersection of Millhollow and Shoshone. John Millar told the council they had a survey crew go up and survey the intersection and checked about bringing the drainage around the corner. With what needs to be torn out and redone, Forsgren's estimate was $20,000 if it went to a contractor to do all the work and about $16,000 if the city did part of the removal. The last figure we got from the Randall Corporation was they would be willing to put in $4000. You are looking about $12,000 for the city to pay with us doing some work besides. Nyle Fullmer stated if it is a safety issue we can barricade the street. He did not think that intersection is that dangerous. There are a lot of places in town that are worse than that intersection and there are a lot of places in town we can spend that money. He wondered who platted that road that way, he wondered if it was the Randall Corporation. Randalls are gaining a lot more than we are. The mayor expressed that until we widen Millhollow, he did not think we should do it. Nyle said he was very much opposed to the city having anything to do with it. Jim stated that if they want to do it and pay for it let them go ahead. Joe Laird stated that he felt blocking it off would be worst than leaving it the way it is. The city will write a letter to them. RE: PRESENTATION OF THE HORIZONTAL & VERTICAL SURVEY CONTROL TOPIC: (19,32,,,MAPS,SURVEY CONTROL SYSTEM) Joe presented on the scope of work Forsgren has done on horizontal and vertical Survey Control. It is a critical need for the city. We also need to update our water and sewer and street maps. (handout on file with engineer) We need to do something with the South Arterial. It is apparent that Forsgren will need to do a lot of surveying and control work and that we could eliminate a lot of that if we have the Survey Control system for the entire city. The mayor stated that in the south part of the city we need to determine in the future where the roads need to go. Joe discussed the controlled access look for in the future. If we go with a contract with Forsgren for all of this, it would be an extensive job. When we do this we need to put it into the Comprehensive Plan. (discussion) Glen asked Joe if we could get costa for each section before we start? Joe told him we would need to stage it. (discussion) Glen told Joe we need some more information as to where we start and how small of a piece we can start with and how we have to build on it. The mayor stated we need to get enough information so we can tie up the right-a-way on the south arterial so people don't build on it. Meeting Adjourned. ~l ,~'~ Mayor, N le L. Boyl City C ark, Roe agl