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HomeMy WebLinkAbout1970.07.28 CITY COUNCIL MINUTESCOLLEGE AVENUE BE LEFT SAME WIDTH 4 i'" Dick Davis motioned that College Avenue be left the same width. Seconded by Barton Jensen. Those voting AYE Those voting NAY a FLOODING ON BIRCH AVE. Barton Jensen Richard L. Davis Albert Pieper Wendell Ritchie Glenn Peterson Ruth Smith None Don Ellis told of the flooding conditions he had from the rain and storm nn his property on Birch, Ave. PROCEEDURE ON BUILDINGS OVER $40,000 It was moved by Richard Davis when any building over $40,000 multiple or commercial Plans must be approved by the City Council, the City Building Inspector and the Planning Board, with the Plot plan and basic layout for final building approved, to be .signed, and filed at City Hall. Seconded by Glenn Peterson. , Those voting AYE Barton Jensen Richard L. Davis Albert Pieper Wendell Ritchie Glenn Peterson Ruth Smith Those voting NAY None RE: RE: ABOVE GROUND GAS TANKS IN THE CITY Glenn Peterson told of the above ground gas tanks in the. city, particularly the American Oil Bulk Plant, he explained the hazard to the City. After some discussion, Glenn stated he would take care of it. VIOLATION OF THE SIGNAL ON COLLEGE AND CENTER Discussion on College and Center and the Crosswalk and cars violating the signal and turning left instead of right. BILLS Bills in the amount of $20,651.42 were. read and. approved for payment. Meeting adjourned at 11:50 P.M. ~~ Mayor - -r-C ~ City Cler MINUTES OF A SPECIAL CITY COUNCIL MEETING OF THE CITY OF REXBURG, IDAHO A special meeting of the City Council of the City of Rexburg, Madison County, Idaho, was held Teusday, July 28, 1970 for the purpose of opening bids for the Main Street Improvements. Present and presiding, Mayor Henry Shirley. Council members present, Ruth Smith, Albert Pieper, Wendell Ritchie, Dick Davis, Glenn Peterson. Also present were City Clerk and Treasurer, Beulah Johnson, City Attorney, Mary Smith, City .Engineer, Clayter Forsgren, also representatives from Burgraff Const. Co. and Kennaday Paving. BIDS FOR MAIN ST. IMPROVEMENTS The bids were as follows: Burgraff Construction $200,728.00 Kennaday Paving 189,827.08 .. .. t. '~ The bids were turned over to Clayter Forsgren, to be awaxded at a late~° ~}~`a~~~~' Meeting adjourned at 11:04 P.D1 to be continued Wedne~d~y, July 2J, I`~'t3. ~~ mayor lty ler -, r: ~~ .MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF REXBURG, IDAHO Regular meeting of the City Council of the City of RExburg, Madison Coun Idaho Was held Wednesday, July 29, 1970 at 7:30 at City Ha11. Present and presiding Mayor Henry Shirley. Council members present; Ruth Smith Burton Jensen,Albert Pieper, Wendell Rit Ritchie, Glenn Peterson. Also present, City Treasurer, Beulah Johnson City Attorney, Mary Smith. RE: WIDENING SOUTH CENTER TO 1st WEST Jim Barrett, John Ray, Blair Rich .attended the meeting in regard to the widening of Snuth Center street to 1st West, Blair Rich desires to retain. his grass. It was. motioned by Wendell Ritchie, seconded by Glenn Peterson Those voting AYE Ruth Smith Barton Jensen Albert Pieper Wendell Ritchie Glenn Peterson Those voting NAY ~~, 'x, ~~~ ~; NONE ~~ A special meeting of the City Council cif the City ~~ ]teeburg, Madison County, Idaho, was .held on Tuesday, the. 28th day o~ .duly, 1970, at the hour of 8 o'clock P.M. at the City Hall, this being the regular meeting place of said Council, at which meeting there were present and answering roll call the following who constituted a quorum: [1 1 Mayor: Councilmen: Henry Shirley Richard Davis Albert Pieper Glenn Peterson Barton Jensen Ruth Smith Wendell Ritchie Absent: None Also Present: Beulah Johnson, City Clerk Mary Smith, City Attorney Clayter Forsgren, City Engineer Thereupon the following proceedings were duly had and taken: The City Clerk reported that she had caused to be mailed to all property owners within the limits of said Local Improvement District No. 19 a notice of the filing of assessment roll and opportunity Eo file written objections thereto and of the time and place of hearing written objections to said assessment roll by parties aggrieved and time and place of hearing all objections to the regularity of the procedings making such assessments, the correctness of assessment,, the amount levied on the particular lot or parcel in relation to the benefits .accruing thereon, and in relation to the proper proportionate share of the total cost of the improvement, all pertain- ing to the Local Improvement District No. 19 in Rexburg, Madison County, Idaho, for improving and constructing certain streets and alleys, construc- ting and installing sanitary .sewer laterals, constructing and reconstructing curbs, gutters and sidewalks, and constructing drainage works incidental to said improvements within said district;. that said notice mailed to each property owner stated the amount of the individual assessments, and that she had made and executed her affidavit of mailing s~.id notices. That she had also caused to be published as required by law, said notice in one issue of the Rexburg Standard and had received and filed in her office the Affidavit of Publication of said notice. The Mayor said that there were so many people who wanted to meet with the Council that the Council shambers were not large enough to accomodate them and that he had made arrangements with the Utah Power and Light Company to use its auditorium in which to conduct the meeting, said auditorium being apporximately 200 feet East of. the City Hail; the Mayor then instructed the City Clerk to place a sign on the door stating that the meeting had been adjourned to the Utah Power and Light Auditorium. The mayor also stationed a police officer at the door of the City Hall to direct people to go to the Utah. Power and Light Auditorium. At 8:10 P.M. the Mayor and Council City Clerk, City Attorney and City Engineer and other people who were .present, then proceeded to the Utah Power and LighE=Aud~.torium and re-assembled. Additional people arrived at the Utah Power and Light Auditorium. The Mayor called the meeting to order. The Mayor announced that the meeting had been called for the purpose of the City Council hearing and considering objections to-the assessment roll for Local ;Improvement District No. 19, which assessment roll was filed in the office of the City Clerk July 1, 1970, and is now on file therm , and that the Council would also hear all objections to the `regularity of the proceedings making such assessment, the correctness of assessment, the. amount levied on the particular lot or parcel in relation to the benefits accruing thereon and in relation to the proper proportionate share of the total cost of the improvement, all pertaining to the Local Improvement District No. l9 in Rexburg, Madison County, Idaho, for improving and constructing certain streets and alleys, constructing and installing sanitary sewer laterals, constructing and reconstructing curbs, gutters and sidewalks, and constructing dxainage works incidental to said improvements within said district. The Mayor announced that in order to hurry the proceedings along he had arranged for the use of an adjoining room where those. wishing to protest could be heard by the Council; that this might be particularly beneficial for those who were protesting in a group. Gary Jensen, an attorney from Idaho Fars, who was representing Dr. Kindred said that he objected as this would not be a public hearing. The Mayor explained that anyone who desired. could be present; xhat it was a public meeting and that he had made the arrangements for the additional room because of the number of people attending the meeting and he thought it would be more convenient for those attending for the Mayor and Council to conduct the meet-ing in this manner and that any- one who went would be welcome; that so many people went into the additional room the Mayor said they might as well hear all objections and protests in the auditorium and proceeded with the meeting in the auditorium and ~$ ''1 abandoned the use of the additional room, The Mayor asked the City Engineer to explain the mannr~r in c~i~ ~ ~'~~ ~.ttt~ assessments were determined and the work that was being done. Aft,+~r- Ali explanation from the City Engineer a number eif the people present withdrew from the meeting, having made no written or oral protests to the assessments or the regularity of the proceedings. The following objections were heard by the Council: The property owners on the east and west sides of College Avenue, between First South and Second South filed a written protest against the amount of the assessment against their respective pieces of property; that they felt the cost was too high. The Mayor and City Engineer explained the necessity for the work to be done and explained in detail how the assessm is had been computed. Some of the property owners present were under the im ssion that some of the improvements they had made could be salvaged; the Mayor asked the City Engineer to investigate and see if this could be don and that the Council's consideration of their objection would be with-hel until the City Engineer investigated and made his report. Alfred Bell, Art Kerswell and Jimmy Mitchell from Second North and Third West then met with the council; Mr. Bell and Mr. Kerswell said they. were not protesting but thought an adjustment of their assessment should be made because of the canal cutting off part of their property. Jimmy. Mitchell said he was protesting but after an explanation was made, he with .drew his protest. After discuss-inn, it was moved by Albert Pieper, seconded by Richard Davis and unanimously carried that an adjustment of the Alfred Bell, Art Kerswell and Jimmy Mitchell assessment be made. Dean Ricks, A Madison County Commissioner, said he thought the County .assessment for property in the same area as the Be11 and Kerswell. property should be adjusted. Barton Jensen moved that the assessment against such .county property be adjusted. Seconded by Richard Davis and unanimously carried. -Eddy Hook and Arnold McIntire made an oral protest against the assess- ment of their respective pieces of property. After a consideration of the same it was moved by Glenn Peterson, seconded by Richard Davis, that such protests be denied, Mrs. Rebecca Wylie, represented by her daughter, LaVon, and Donald Wylie, requested information from the Council regarding the Donald Wylie and Rebecca Wylie. assessments. After discussion and consideration by the council, it was moved by Barton Jensen, seconded by Albert Pieper and unar mously carried, that their respective assessments be adjusted. The Mayor and Council next considered the written protest of the Idaho First National Bank. Henry Weick, its local manager, appeared before the council. The matter was di.scusse.u end referred to the City Engineer for .further investigation. Jo~~n ;;1~elton appeared on behalf of his father, J. S, Skelton. He did not protest the assessment but stated and explained why they thought an adjustment of the assessment should be made. After consideration it was moved by Richard Davis, seconded by Barton Jensen and unanimously carried that an adjustment of the assessment be made. Garr Gibson appeared on behalf of the Community Church located on the corner of College Avenue and Fist South and explained that an adjustment of the assessment should be made because the. Church had installed new side- walks about a year ago. It was moved by Barton Jensen, seconded by Wendell Ritchie and unanimously carried that the City Engineer make an investigation and that if any of the sidewalk could be salvaged an adjustment be made in the assessment and that if it could not be salvaged the assessment remain as it was. Dr. Jay Kindred filed a written protest and also appeared in pE~rson and by his attorney, Gary Jensen of Idaho Falls, The matter was discuss- ed a~ considerable length and the Council arranged to meet with Dr. Kindre d Friday at the side of his property and go over the matter with him at that time. Dr. Blair Rich appeared before the Council and requested information pertaining to his assessment. He said he did not protest the assessment o proceedings but would like to leave a portion of his area from the front o his building to the sidewalk in grass. It was moved by Barton Jensen, seconded by Richard Davis and unanimously carried that this matter be in- vestigated and considered at an adjournment of the present meeting to be held July 29th, 1970, at 7:30 P. M. at the City Hall. The petition of the property owners on the east and west sides of South Center Street between Main Street and Fist South was presented to the, Council requesting that the street be .widened by reducing the width of the sidewalks and that their assessments remain the same as the cost of the sidewalk would be about the same as the cost of widening the street and .that the widening of that portion of Center street would be of great benefit to their property. The matter was discussed at length with a number of property owners along the street. In as much as Dr. Kindred was a property owner on that street and had protested his assessment and had not signed the petit- i~~r~~ i3 ti~ra<7 rtc~vLcl li}' l~:icliai-d f)avis, st~cc~~id,..<~ ),y C;lc~~~n ~1, tr k~..:~, ..r~l ~~.::~~imn~~° ~ carried that the matter again be considered after the me~t.ng with I~~, Kindred the following Friday. :~ ;~~ ~,. Albert Pieper said he was not protesting the assessments but that Assess= ment 97 was carried in his name; that it was an alley and did not belong to him. It was moved by Barton Jensen, seconded by Richard Davis and unanimous- ly carried that the said assessment be cfleleted. All people attending the meeting who wanted to be heard having been given an opportunity to be heard and having left the meeting, it was moved by Barton ~ep~~n, seconded by Richard Davis and unanimously carried, that inasmuch as'i'tffiwa~12'":f~ A.M., the meeting be adjourned to reconvene at 7 o'clock P.M. July 29, 1970, in the City Hall. Mayor f ~ ~ Clerk MINUTES OF A SPECIAL CITY COUNCIL MEETING OF THE CITY OF REXBURG, IDAHO The City Council of the City of Rexburg, Madison County, Idaho, met in a special meeting July 29th, 1970, at the hour of 7 o'clock P.M. at the City Hall, this being the regular meeting place of said Council, at which meeting there were present and answering roll call the following who consti- tuted a quorum: Mayor: Henry Shirley Councilmen: Richard Davis Albert Pieper Glenn Peterson Barton Jensen Ruth Smith Wendell Ritchie Absent: None Also Present: Beulah Johnson, City Clerk Mary :Smith, City Attorney Clayter Forsgren, City Engineer Thereupon the following proceedings were duly had and taken: The Mayor explained that this meeting was an adjourned meeting of the one held July 28, 1970, in order that the Council might continue its con- sideration of certain objections to assessments which were made by property owners in Local Improvement District No. 19. The Mayor asked the City Engi- eer to report on his investigation of College Avenue, as to whether or not any of the improvements could be salvaged. Mr. Foresgren reported that it w would be impossible to salvage any of the improvements which included prior sidewalk improvements made by the Community Church. It was moved by Barton Jensen, seconded by Wendell Ritchie, and unanimously carried, that the protests of the property owners on South College Avenue and the Community Church be denied. The protest of Gene Dunn was next considered by the Council and on motion of Richard Davis, seconded by Wendell Ritchie and unanimously carried, the same was denied. The protest of Mrs. Myxtle Richman was considered and on motion of Albert 1 Pieper, seconded by Glenn Peterson and. unanimously carried, an adjustment of her assessment was made. ! The protest of Madi-son County Library Association was next considered and on motion of Glenn Petersnn, seconded by Wendell Ritchie and unanimously carried, the same was denied. The Council then considered the protest of Mrs. J. D. Ard, representing the J. D. Ard Estate. It was moved by Albert P~.eper, seconded by Barton -Jensen and unanimously carried that the same be denied. The Council considered the protest of Sanford Pincock. On motion of Wendell Ritchie, seconded by Glenn Peterson and unanimously carried, the same was denied. Dr.Blair Rich was present at the meeting and his request as shown by the minutes of the meeting held July 28, 1970, given further cnnsideration by the Council. It was moved by Barton Jensen, seconded by Albert Pieper and unanimously carried, that the grass strip immediately adjacent to the front of Dr. Rich's building xemain and .that the new sidewalk be laid to the curb and gutter; that Dr. Rich's assessment remain the same and in the event he ever decided to remove the grass strip and put in sidewalk, the same should be done by the City without additional cost to Dr. Rich. Dr. Rich stated that he approved the motion as carried. The City Engineer reported that he had further investigated the protest of the Idaho First National Bank and recommended t}r~~t an adjustment. ui t: Ye ~~ F I assessment be made and that if such ark ad~ust~nent was ~nada `by the t;~~ta~,c~i l > that the Idaho First Na,t~,ona], Bank would Withdraw its objection to tlao assessment. It was moved by Barton Jensen, seconded by Richard Davis and unanimou>ly approved, that the adjustment of the Idaho Bust 1Vational Bank assessment be made as recommended by the City Engineer. There being no further business to come before the meeting, it was moved; seconded and. unanimously carried that the meeting adjourn ~.~ or i'~'Gy`° C er ,r ~''~`~ '~ - ~*-~ MINUTES OF A REGULAR CTTY COUNCIL °,, ~ MEETING OF THE CITY OF REXBURG, IDAHO A regular meeting of the City Council of the City of Rexburg, Madison County, Idaho, was. held on August 5, 1970, at the hour of 8 o'clock P.M. at the City Hall, this being the regular meeting place of said Council, at which meeting there were present .and .answering roll call the following. who constituted a quorum: Mayor: Henry Shirley Councilmen: Richard Davis Albert Pieper Glenn Peterson Barton Jensen Ruth Smith Wendell Ritchie Absent: None Also Present: Beulah Johnson, City Clerk Mary Smith, City Attorney. Clayter Forsgren, City Engineer Thereupon the following proceedings were duly had and taken: The Mayor reported that the Council had met with Dr. Jay Kindred at his prope-ty site on South Center Street and that the Council and City En - eer were of the opinion. that an adjustment of his assessment should be made. It was moved, by Albert Pieper, seconded by Barton Jensen and unan- imously carried, that the original assessment against Dr. Kindred's property in Local Improvement District No. 19 in the amount of $3261.24 be reduced to $2519.24. The Mayor thereupon presented the following withdrawal of protest signed by Dr. Kindred: "Regarding Improvement District No. 19: "In consideration of the City of Rexburg, Idaho, making some adjustments in the assessment against my property, I hereby withdraw all written and oral objections to such assessment and the regularity of the proceedings pertaining to the same. The original assessment was in the amount of $3261.24, and has been reduced to $2519.24. Dated August 4, 1970. /s/ C. Jay Kindred" . The Mayor further stated that Dr. Jay Kindred had signed the petition andl agreement of the property owners on South Center Street between Main Stree t end First South agreeing that the width of the street be increased by ~ taking certain footage from the sidewalk on both sides of the street and t the assessment against their respective pieces of property remain the same as the expense of increasing the. width of the street was incurred for thei benefit and would be an advantage and benefit to their property. It was moved by Richard Davis, seconded by Glenn Peterson and unanim- ously carried, that the Petition and Agreement be filed with these minutes and that said street be widened by taking footage from the sidewalks on both sides of the street and that the assessment against the respective pieces of property remain the same as widening of the street was done for the benefit of the property owners along said street and all of the property owners had signed said petition and agreement, agreeing to the same. The A9ayor directed the City Clerk to attach said Agreement to the minutes. Councilman. ...Albert Pieper thereupon introduced an ordinance entitled "An Ordinance confirmi"hg the assessment roll far Local Improvement District No. 19 in Rexburg, Idaho, for improving and constructing certain streets and all~vs, constructing and installing sanitary sewer laterals, coasts°irc:ti~ a.ncf recor~struc.tirf; c•urf.~s, gutters an<l side~vaiks and co~lstr~ctn~? dr:+iraa~;e