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HomeMy WebLinkAbout1970.06.17 CITY COUNCIL MINUTEShangers, tax and control and report back to the council. 'E• SIGNS - REMOVAL ON SOUTH 2ndEAST ~ ;; 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. r 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. ~i t ~ ay° r .c~z~ 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. ~y`} :ZE: STATE HIGHWAY OFFICIALS, GENE BURBRIDG~,HARRY DAY AND BILL CRC1W i 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 ~ -, ` ~ r 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. ~~ 'r 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 ~ .R 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 (~, RE: 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. /, i ~~ 4th.. 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. .'fit'?';. ~ ~:' .i_llAl~<iC ,~; ,~ ,~.~,t„~ ~x ,~~,ntscN, (s5 ~" ? `~~ Y~ C; F' h'~XBLiRG ~ ) 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, ~: 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 ~r 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; , "~ y A °~ {.: 1 X11-.,r.y~y~/,~.....r~„+w~-.,,. ..,... ~ ~ yf. T:rw• .,.. ~ p~ d ~,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, ~: 11 -27- a ~ ~~ ~: _~ 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, -28- ', . 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. 4 4 f s _29_ r ~. i. { 1 f 1 r .-- 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. -30- ``p.; ,, ._ ..~.,,~.e _..,....... ,.,.,,._._