HomeMy WebLinkAbout1970.06.17 CITY COUNCIL MINUTEShangers, tax and control and report back to the council.
'E• SIGNS - REMOVAL ON SOUTH 2ndEAST
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Barton Jensen motioned that several signs be removed from his street on South
2nd East. Failed for lack of second.
.fl: SURVEY OF CITY STREETS
Albert Pieper and Dick Davis are to make a survey of the city streets, to
see which has. priority for the badly needed repairs, and far surfacing 1st'
North as an alternate route for main Street, when the work begins on Main
Street Improvements, which are in LID #19.
Also there was a discussion on installing the new street sign markers that
were purchased last year. No decision.
Discussion on the need of cleaning the city ditch.- '
tE: DON ELLIS - MICRO WAVE DISHES
Don Ellis discussed micro wave dishes and that he thought he could use his
.own pxoperty at the radio tower site for his building, for the station.
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t~ FINAL READING OF ORDINANCE #.507
The Mayor requested City Attorney, Mary Smith, read for the third time the pro-.
posed ordinance entitled "AN ORDTNANCE GRANTING TO DON ELLIS, HIS HEIRS AND
ASSIGNS, THE RIGHT AND PRIVILEGE TO CONSTRUCT, ERECT, OPERATE AND MAINTAIN
OVER AND UNDER THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY, POLES, TOWERS,-~
WIRES, CABLES AND UNDERGROUND CONDUITS, AND TO CONDUCT AND OPERATE A COMMUNITY
ANTENNA TELEVISION SYSTEM IN THE CITY OF REXBURG, IDAHO, AND PROVIDING THE
TERMS, CONDITIONS AND REGULATIONS THEREOF."
Which proposed ordinance was then read fully and .distinctly at length,
Councilman Barton Jensen moved, seconded by Ruth Smith that said ordinance
be placed upon its final passage. The Mayor ordered the roll call of the
Council called, and the roll being called by the City Clerk, the vote upon
the final passage of the ordinance was as follows:
Those voting "AYE" Barton Jensen
Richard L. Davis
Albert Pieper
Gd.enn Peterson
Ruth Smith
The roll being called and all Councilmen present voting "Aye", the Mayor
declared that a majority of ail the, members of the City Council had voted for
the passage of said ordinance, and that said ordinance was duly and regulary
passed.
BILLS
Bills in the amount of 16,841.00 were read by Jensen., Motioned that bills
be paid. Seconded. by Glenn Peterson. Carried.
Meeting adjourned at 11:30 P,M.
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City Clerk
' MINUTES OF THE REGULAR CITY COUNCIL
~, MEETING OF THE CITY OF REXBURG, IDAHO
gular meeting of the City Council. of the City of Rexburg, Madison County,
daho, was held Wednesday, June 17, 1970 at City Mall at .7:30 P.M. Mayor
Henry Shirley present and presiding. Council members present, Richard L. Davis
Ruth Smith, Albert Pieper, and Wendell Ritchie, Glenn Peterson. Absent and
excused,Barton Jensen. Also present, City Attorney Mary Smith and City Clerk
~ Treasurer, Beulah Johnson.
MINUTES
Minutes of May 20, 1970 were read. It was motioned by Albert Pieper, seconded
by Richard L. Davis that the minutes stand as read. The Motion carried.
Wendell Ritchie read the minutes of the recent planning board, meeting.
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:ZE: STATE HIGHWAY OFFICIALS, GENE BURBRIDG~,HARRY DAY AND BILL CRC1W
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State Highway officials Gene Burbridge, Harry and Bi11 Crow met w.~tl~ thw '
Council, showing the designs for four lanes of traffic with an 18 foo t
median. These plans will be shown and discussed at a meeting to be held
Wednesday, June 24, 1970 at Utah Power ~ Light. They also told the council
of the standards set foxth by the highway department, only parallel parking
will be allowed, due to the heavy flow of traffic, and that angle parking ~
becomes an impediment to the traffic. Also discussed was traffic signals,
they stated that two the signals do not conform to standards set forth by
the state. It was motioned by Dick Davis seconded by Albert Pieper that
the city comply with the State Highway Department requirement and plan to put'*
in the standard semaphore at first east ~ Main street in 1971 and at firs
north and second east in.1972.
Those voting AYE Richard L. Davis
Ruth Smith
Albert Pieper,
Wendell Ritchie """~'~~
Glenn Peterson
Those voting NAY None
RE: PETITION - JIM. HAMILTON - PROFESSIONAL MAL - ~-~~-~~~- D~"z-~~
Jim Hamilton presented a petition signed by SOo of the property owners
agreeing to the rezoning of Blork 1 of the Rigby addition to limited commer-
cial. He also presented plans for a professional Mal to be built on this
property. It was moved by Ruth Smith that permission be granted, giving lim-
ited commercial for the building of exclusively professional offices,
Seconded by Dick Davis.
Those voting AYE Richard L. Davis
Ruth Smith
Albert Pieper
Wendell Ritchie
Glenn Peterson
Those voting NAY None
RE: CLAYTER FORSGREN ~ LARRY FERKINS met. and discussed various items.
Clayter Forsgren and Larry Perkins met and discussed various items. In-
cluding seal coating-sidewalks. After discussion, it was moved by Albert
Pieper, seconded by Glenn Peterson that Forsgren go ahead and surface 3rd
West from Main to 4th South and 3rd South from 1st West to 4th West at this
time.
Those voting AYE Richard L, Davis
Ruth Smith
Albert Pieper
Wendell Ritchie
Glenn Peterson
'`' Those vo ng NAY NONE
3E : WEED pWIN ~ -,
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Albert Pieper epord that ff~e street department had the mower going at
this time and would take care of all the weeds, on private property for a
nominal charge.
ZE`.' DISCUSSION ON AUDIT r
The Audit was discussed. It was motioned by Ruth Smith, Seconded by Wende
Ritchie, that the audit charge be looked into
Those voting AYE Richard L. Davis
Ruth Smith
Albert Pieper
Wendell Ritchie
Glenn Peterson
Those voting NAY NONE
The Mayor assigned Ruth Smith to make the study.
The Mayor ask Councilman Dick .Davis to supervise the ditch problem at this
time, as Barton Jensen was away.
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RE: GLEN PETERSON - CHECK WITH QUALLTY PAK ~~
Glen Peterson is to check with Quality Pak and see if something could be
worked out, to assist them in .burning the dry logs .from the building Chet'
have been tearing down.
RE: MEETING WITH PAUL KELLY, FROM IDAHO STATE
The Mayor stated there would be a meeting in the Utah Power ~ Light Build-
ing on Tuesday, June 23, 1970 with Paul Kelly, from Idaho State University,
at 8:00 O'clock. This is to be on the comphrensive planning for the city.
R ORDINANCE # 508
ORDINANCE # 508 was read as follows:
AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT N0. 19 IN REXBURG, IDAHO,
FOR THE PURPOSE OF IMPROVING AND CONSTRUCTING CERTAIN STREETS AND ALLEYS,
CONSTRUCTING AND INSTALLING SANITARY SEWER LATERALS, CONSTRUCTING AND RE-
CONSTRUCTING ORBS, GUTTERS AND SIDEWALKS, AND CONSTRUCTING DRAINAGE WORKS
INCIDENTAL TO SAID IMPROVEMENTS WITHIN SAID DISTRICT: P~tOVIDING FOR THE LEVY
OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTS:
STATING THE BOUNDARIES OF SAID DISTRICT: PROVIDING FOR THE PREPARATION OF AN
ASSESSMENT ROLL: AND DECLARING AN EMERGENCY.
A motion was made by Albert Pieper, seconded by Wendell Ritchie to suspend
the rules and have said Ordinance placed upon its final passage. The Mayor
ordered the roll call of the Council called, and the roll being called by
the City Clerk for the suspension of the rules was as follows:
Those votipg AYE Richard L. Davis
Ruth Smith
Albert Pieper
Wendell Ritchie
Glenn Peterson
Those voting NAY None
The roll being called and. all Councilmen present voting "AYE" carried. The
Mayor then called for the voting for final passage of the Ordinance, the
motion was made by Dl~c~ D~•vi~ seconded by ~~~h ~.~t~-~.~. The Mayor
ordered the roll call of the council called, and the roll being called by
the City Clerk for the final passage bf the Ordinance was as follows:
Those voting AYE Richard L. Davis
Ruth 5mith,Albert Pieper
Wendell Ritchie
Glenn Peterson
Those voting NAY None
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The roll being called and all councilmen present voting "AYE" carried, the
Mayor declared that a 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. May ox Shirley then declared the motion carried.
PROBLEM ON LAWN CUTTING AT SMITH PARK
Council woman Ruth Smith told of her problem on cutting the lawn at Smith
Park. She stated that she would have to rent a tractor to use Frith the
other mowers and the tractor could be used for the street flusher for the
remainder of the season.
RE FOUR WAY STOP AT 1st EAST AND NORTH CENTER
Discussion on the four way stop, at 1st East and North Center, was tabled
for the present.
E: REMODELING THE PRESENT FIRE STATION
Glenn Peterson discussed remodeling the present fire station. .The Mayor ask
that Dick Davis and Glen take it under advisement, and report back to the
council.
BRIDGE SLABS FOR FOOT BRIDGE ON WEST MAIN
Albert Pieper stated that the bridge slabs were on order for the foot bridge
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on West Main, and would soon be installed.
BILLS
Diek Davis read the bills for $13,913.31. Moved by Albert 1'i~per, Se~;onded
by Wendell Ritchie that the bills b~ paid. Nation carried.
Meeting adjourned at 12:00 Midnight
Mayor
The following to be included in the minutes of meeting held June 17, 1970
The Mayor stated that Clayter Forsgren had investigated the protest of th
Union Pacific Railroad pertaining to properties proposed to be included in
Improvement District No. 19 and described in items No. 48A and 60, and that.-"
he .had received a le ter from the Union Pacific Railroad Company dated Jur
15, 1970, as follows:
"Please be referred to Protest dated May 25, 1970, against Rexburg
Local Improvement District No. 19 filed by myself on behalf of the
Oregon Short Line Railroad Company and its lessee Union Pacific Rail-
Road Company.
"In telephone conversstion with City Engineer Clayter Forsgren on June
12, 1970, we have been advised that the curbing on the north side of
2nd North between 1st West and 2nd West (South line of Block 13) and the
portion of lateral sanitary sewer in 2nd North from 2nd West easterly
to railroad right of way has been deleted from your plans. The por-
tion of curbing on the south line of 2nd North between 1st West and
2nd West where it crosses Railroad right: of way (Railroad right of
way portion of Block 24) has been eliminated from your city .plans.
Also it is our understanding that the curbing has been eliminated
across Railroad right of way on the east side of 2nd West. This then
means that the original estimated assessment against Railroad owner-
ship in Block 13 has been eliminated and a portion of curbing across
Railroad right of way in Block 24 has been eliminated and the sewer asses
ment against block 24 has been reduced by deletion of the portion of
lateral sewer assessment in 2nd North between 2nd West and Railroad right
of way line. We understand there willbe some sewer assessment against
block 24 for providing connection to this block from the intersection of
the lines in 2nd West and 2nd North. It is also understood the portion
of the curbing assessment across Railroad right of way on the West side of
Block 24 has been eliminated.
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City Clerk
"On the above outlined basis our conpany is agreeable to the City of Rex-
burg proceeding as planned originally, after having made the above referred
to changes and the protest originally filed with your city, dated May 25,
1970, is hereby withdrawn."
On motion of Richard Davis, seconded by Ruth Smith,and unanimously
carried, that the original estimated assessment against Raitroad owner=
ship in Block 13 be eliminated and a portion of curbing across Railroad
xight of way in Clock 24 be eliminated and the sewer assessment against
block 24 be reduced by deletion of the portion of lateral sewer assessment
in 2nd North between 2nd West and Railroad right of way line; that there ,,
will be some sewer assessment against black 24 for providing connection
to this block from the intersection of the lines in 2nd West and 2nd
North; that the portion of the curbing assessment across railroad right
of way on the West side of Block 24 be eliminated.
Albert Pieper reported that he had investigated the written protest
of Hileman G. Stone pertaining to item No. 26 and moved that the curb and
gutter improvement be eliminated from such property but that the sewer be
extended as proposed and the property assessed for sewer benefits, second
by Richard Davis and unanimously carried.
On motion of Wendell Ritchie, seconded by Glenn Peterson, it was un-
animously determined and carried that the value of the property included
in the proposed district was in excess of $5,800,000.00. That the improve-
ment and construction of certain streets and alleys, construction and in-
stallation of sanitary sewer laterals, construction and reconstruction of
curbs, gutters and sidewalks, and construction of drainage works incidental
to said improvements, are for the best interests of the property affected
and that there is reasonable probability that the obligations to be issued
for said improvements will be paid.
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A special meeting of the City Council of the City cif
Rexburg, .Madison County, State of Idaho, was held on t:he 2tat.h
day of May, 1970, at the hour of 8 o'clock P. M, at i.;.he City
Hall, being the regular meeting place of said Council, at which
meeting there were pre sent and answering roll call the following
who constituted a quorum:
Mayor: Henry Shirley
Councilmen: Richard Davis
Albert Pieper
Barton Jensen
Glenn Peterson
Ruth Smith
Wendell Ritchie
Absent:
~~ Alsa Fresent: City Attorney, Mary Smith
City Clerk Beulah Johnson
City Engineer, Clayter Forsgren
Thereupon the following proceedings were duly had and
taken;~
The city Clerk notified the City Council that the
Notice of Intention to improve and construct certain streets
and a~ieys, construct and install sanitary sewer laterals,
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const~+ctct and reconstruct curbs, gutters and sidewalks, and con-
struct drainage works incidental to said improvements and to
~! create Local `Improvement District No. 19 in Rexburg, Idaho,
authorized by the Resolution adopted:bY the City Council on the
29th day of l~pril, 1970, had been duly published in the Rexburg
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Standard on May 5, 1970, and May 12, 1970 and that triF~
p~b~isher~s affidavit of publishing said notice of intention was
du filed in her office,
.The. City Clerk stated that she had filed in hair ut: f: ~ ; ~~:
herd affidavit to the elrfect that on the 6th day of May, i ~ ; i; ,
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~,t,e deposited in the United States Mail, postage prepaid,
~nvei.opes addressed to each owner of property if known, or said
owner's agent, if known, within the limits of said proposed
Local Improvement District No. 19, City of Rexburg, Idaho,
addressed to such person at his post office address if known, ox
if unknown, to the post off ice in Rexburg, ,Idaho, and that in
each of said envelopes was contained, when mailed, a true and
correct copy of said Notice of Intention.
The City Clerk then presented her affidavit stating
that four written protests had been filed against the construction
of certain improvements in certain areas of the proposed im-
provement district; that such protests were received by her or in
her office. by 8 o~clock P, M. on May 26, 1970.
The Mayor then stated that the council would hear the
written and oral protests
That in support of a written protest signed by LaVera
Kington, Naomi Kington, Harry. King ton and Jack Covington the
signors thereof, appeared in person, After discussion and con-
sideration of the matter, it was moved by Councilman Richard
Davis, seconded by Councilman Barton Jensen, and unanimously
carried, that the proposed sewer improvement on North 4th West
be eliminated from the proposed Improvement District No. 19;
deleting from the proposed district the properties of Jack B.
Covington, described in items. No. 85 and 88, LaVear L, Kington,
described in Item No. 86, Harry L. Kington, described in Item
No. 87, and LaVer1 Scott, described in Item No. 87 A.
In support of a written protest signed by O. G. Smith,
Mrs, J, D. Ard, Don C, Parker, Glen P, Hunter and Gordon R.
Smith, the signors appeard in person. After discussion and
consideration, it was moved by Ruth Smith, seconded by Barton
Jensen and unanimously carried that the proposed sewer, curb,
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gutter and street paving on North Four th-East Street be
eliminated from proposed Improvement District No. 19, deleting
from the proposed Improvement District No. 19, the properties
of Orson G. Smith described in Item No. 120, the property of
Gordon Smith, described in Item No. 122; the property of Don C,
Parker, described in Item No. 123, David Hunter Estate c/o
Glen Hunter, Item No. 124, and J. D. Ard Estate c/o Mrs ,J. D,
Ard, Item No, 116.
Venoy Mullens, Clint C, Jensen, and Arnold McIntier
made .oral objections, protesting the construction of a sewer
line going through .the middle of Block 25 of the Original
Rexburg Townsite, After discussion and consideration, it was.
moved by Councilman Barton Jensen, seconded by Councilman
Richard Davis and unanimously carried, that the South half of
Block 25 of the Original Rexburg Townsite be eliminated from
.proposed Improvement District No. 19, deleting from the proposed
district the following properties:
Item No. 73, Arnold Mclntier
Item No. 74, Raymond J, Rodriquez
Item No. 75, J, Harold Matson
Item No. 76, Bud Hathaway (E, LaMar Parkin)
Item No. 77, Fern D. Ricks
Item No. 78, Ruth & Venoy H. Mullins
Item•No. 79, George Alton Anderson '
Item No, 84, S.J,M, Corporation
Item No, 81, T, R. Payne
Item No. 82, The American Oil. Co.
Item No. 83, The Texas Co.
t After discussion and consideration, it was moved by Councilman
Richard Davis, seconded by Councilman Glenn Peterson, and
unanimously carried, that the oral protests of Arnold Mclntier,
~ Item No, 72, Eddie Hook,. Item No. 71, and Clint Jensen, item
- No, 70, against the co nstruetion of a sewer lateral, be denied
and that said properties be included in Improvement District
No, l9,
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Ronald K, Young,. Item No, 93, made an oral protest.
against the inclusion of his property in the proposed Improvement
District No. 19. After discussion and consideration it was
moved by Councilman Barton seconded by Richard Davis and
unanimously carried, that the 165 feet of Ronald Young4s
property fronting on First North be included in Improvement
District No. 19, and that portion of his property fronting on
°""` Fourth West be eliminated from proposed Improvement District
1 No. 19; that the Ronald K. Young property is described in Item
No. 93.
Blair Manwaring made oral protest against the in-
elusion of property described in Item No. 94 as he had sewer
service which he had paid for. After discussion and consideration
it was moved by Councilman Richard Davis, seconded by Barton
Jensen and unanimously carried, that said Item No. 94, as well
as Item 95, Max Phillips, and Item No. 96, Albert Pieper (who
had also paid for and had sewer service] be eliminated from
proposed. Improvement District No. 19.
Blair Manwaring asked that he be permitted to do his
own sidewalk construction on properties to be included in the
district on Main Street, College Avenue and Center Street,
being described in items No. 99, 100, 132 and 61. It was moved
by Glenn Peterson, seconded by Albert Pieper and unanimously
carried,. that said request be denied.
Reed Garner appeared on behalf of his father, Earl
Garner and asked that all of the property in the Garner
Addition, except Reed Street bye eliminated from the proposed
~ - Improvement District No. 19. After discussion and consideration,
it was moved by Barton Jensen, seconded by Councilman Ruth Smith
and unanimously carried, that all of the property in the Garner
Addition, except. Reed Street, be eliminated from proposed
Improvement District No. 19.
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After discussion and consideration, it was moved by
Councilman Ruth Smith seconded by Barton Jensen and unanimously
carried, that the sewer be extended on 2nd North between 3rd
East and the. Earl Poulson property and that the curb, gutter
andpaving improvements be eliminated,
Union Pacif is Railroad, properties described in Items
No, 48A and 60, filed a written protest and Dale Glandsman,
their representative appeared before the Council. 11-fter
discussion, Barton Jensen, moved, seconded by Ruth Smith, and
unanimously carried, that Clayter Forsgren, the City Engineer,
be authorized to investigate the matter further and make
recommendations to the Council at its regular meeting June 17,
1970.
The written protest of Hileman G, Stone, Item No, 26,
was considered, moved by Barton Jensen, seconded by Richard
Davis, and unanimously carried, that Albert Pieper investigate
the matter and report to the Council at its regular meeting
June 17, 1970.
There being no further business to come before the
meeting, on motion duly made, seconded and carried, the meeting
adjourned.
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