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HomeMy WebLinkAbout1970.09.02 CITY COUNCIL MINUTEStE: KENT JOLLEY -.EASEMENT „~ ~~; Kent Jolley met with the council, asking for a decision on the easement he had> previously asked for.. The Mayor informed him that we would give him a defin- ite decision at the next regular council, September 3, 19'70. ZE: DISPOSING OF ALL OLD EQUIPMENT BELONGING TO THE CITY Albert Pieper stated that he wanted to advertise .and dispose of all the old eQuipment the city has. Also, Mrs.. Vance Hendricks had ask that some type of school crossing be placed on East Main by Smith Park as this was a dancerous crossing. Mayor Shirley stated he would discuss this with Police Chief, Murray Ford. Mr. Pieper ask for permission to get a conventional truck for the street flusher, and the bids be let. RE DRINKING FOUNTAINS ON MAIN STREET Ruth Smith moved that two drinking fountains be placed on Main Street, Seconded by Albert Piepex. Those voting AYE Those voting NAY RE: BILLS Barton Jensen Albert Pieper Ruth Smith Henry Shirley, Mayor Dick Davis Glenn Peterson Wendell Ritchie Bills in the amount of .$28,442.42 were read. Motioned by Barton Jensen, seconded by Richard L. Davis that they be paid. The motion carried. Meeting adjourned at 12:15 ~. ity ler 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 County, Idaho, was held Wednesday, Sept. 2, 197Q, at City Hall at 7:30 P.M. Mayor Henry Shirley present and presiding. Councilmen Present: Barton Jensen, Wendell Ritchie, Ruth Smith, Richard L. Davis, Glenn Peterson and Albert Pieper. Also present: City Attgrney, Mary Smith, City Clerk and Treasurer, Beulah Johnson, Lynn Williams, representing Rexburg Standard and 3ournal. ~~~ MINUTES. Minutes for August 19, 1970 were read and corrected. Motioned by Richard Davis., seconded by Albert Pieper that the ;minutes be passed. Motion carried. UILDING REPORT uilding permits with corresponding building value of $75,047 and $150.00 ermit fee charged for the month. ~2E: MR. ANA MRS. GERALD BIRCH Mr. and Mrs. Gerald Birch met with the council, to discuss the drowning, earlier this summer, of their son Darin. A letter from the Birch's attorneys Bolden $ Holden was read, which follows: Rexburg City Council Rexburg, Idaho Re: Drowning Death of Darin Birch Gentlemen: We were coot-acted by Gerald and LaRae Birch shorty after the dreswning ~~ death of their son, Darin, in the Rexburg Municipal Swimming:. Poole r~~~ .Ct~itt' 22, 1970. We attended the Coro~n~r"~ Inquest into the death o~ I).~rr~ t.», behalf of Mr. and Mrs. Birch and on many occasions discussed with them tlieir~ legal remedies. The Birches throughout our discussions have indicated that they did not wish to make a monetary gain from the death of their son but felt a driving. I need to call to the attention of the Rexburg City Council and the community } of Rexburg the negligent construction and operation of the Rexburg Municipal Swimming Pool which led to Darin's Death. The Birches have decided not to bring a legal action for damages as a result of their son's death, but .requested us to write this letter point- ing to the legal responsibility of the City of Rexburg for Darin's death with the hope that because of Darin's death the City will take appropriate actin to correct the negligent construciton and operation of this swimming pool and save other children of the community from the tragedy mast by Darin Bixc As attorneys we are of a definite opinion that actionable negligence existed in many aspects of the pool's operation. We are of the further opinion that had a suit been brought, the Birches could have recovered damages far in excess of the expense of rectifying this negligent swimming pool operation. Idaho Code 39-lll provides for the regulation by the State Board of Health for min~.mum safety and sanitary standards of all public swimming pools, specifically recognizing the authority of the State Board of Health -~"' to enact regulations for this purpose. We have .reviewed these detailed regulations, the violation of which would likely be considered prima facie evidence of negligence in a Court of Law, and feel that in many respects the Rexburg pool's construction and operation is not in accordance wi°th these regulations. It should also be noted that these are minimum standards, leaving open the way for the establishment of negligence even though certain regulations might have been complied with. Among the elements that could be pointed to as violations of regulations and the general reasonable .care standards that have been imposed on operators of swimming pools by Courts are the following: The abrupt dropaff of the pool between the shallow and deeper portions; the location of a lifeguard chair so that the lifeguard, if alone on duty, is forced to burn his back a p t~,an of the pool in order to observe the other extreme side of the poa•3:~ ~ hould be,~no~ted that the Rexburg City Police Chief at the inques p ~~~ unable to see the bottom of the pool from the life- g and chair a on a le~.rer day than the day of Darin's death.) If we were .the position of filing~a~claim for damages, we are of the opinion that numerous additional elements of negligence could be established. The adequacy and/or competency of the lifeguard and supervisory person~Yel on duty at the time of Darin's death is definitely in question, combined with the difficulties surrounding the construction of the pool and the fact there was only one lifeguard on duty. Additional factors involve the refusal of the swimming pool personnel to dive into the pool and search for Darin's body despite being contacted within minutes aftex Darin's death and despite being continuously queried about his disappearance thereafter. The numbering system on clothing bags which is incapable of establishing whether an individual is in the pool or not at a given time is also open to serious question. We trust we have pointed out sufficiently some. of the problems involved with the swimming pool operation and that you will seriously consider the requests of the Birches that the City take immediate action to rectify these numerous diffficulties with the swimming pool operation in order to prevent r another family from facing the. tragedy that struck the Birch family w_ /s/ Terry L. Crapo Mayor Shirley stated that a committee would be appointed to study the pro- cedures of other pools in order that effective changes be made. He assured the Birches that definite action would be taken and extended the Council's deepest sympathy to them. Mr. ~ Mrs. John Parkinson ~ Dr. ~, Mrs. C. S. Green - PARKING METERS Mr. ~ Mrs. John Parkinson and Dr. F~ Mrs. C. S. Green met with the Council and requested that parking meters be only extended to the Davenport property on South Center on the East side of the Street, as this is residential and they wished it to remain the same.. It was moved by Barton Jensen, seconded by Richard Davis not to extend the meters in .front of their homes. Those voting AYE Barton Jensen Wendell Ritchie Ruth Smith Richard L. Davis Glenn Peterson A11?t~rt P i e~~,:°r '1'h~~se vot~,n NAY "~+~rx~le~ - LIGHTS IN TAYLOR ADDITION Mayor Shirley stated that Mrs. Taylor wanted street lights in the '1'~y1or Addition. The matter was discussed and tabled, MAYOR SHIRLEY REPORTS ON PROBLEMS Judge Clawson's salary was discussed. The Mayor ask the Police to check into the matter and report back on their decision. The Mayor reported. that the conduit was in for the installation traffic signals. Committee of the ~'•~~u7 k. Also that Val Briggs wanted some help in having all the trailers in the railer Courts to secure gas permits. Mayor Shirley said he would look into he situation; ~ ~ , E: SILLS: ~ ._. Bills in the amount of $17,272.91 were read. Motioned by Barton Jensen, seconded by Ruth Smith that they be paid. The motion carried. PARKING METER STALLS There was a discussion on the placement of the parking meter stalls. It was moved by Glenn Peterson that they be placed at 45° angle and each stall width be approximately 10 feet, to vary according to space available, with a double line for the guide lines for parking. Seconded by Albert Pieper Those voting AYE Those voting NAY ~: Albert Pieper Ruth Smith Glenn Peterson Barton Jensen Richard pavis PROPERTY ADJACENT TO CITY HALL FOR PUBLIC FARK Ruth Smith discussed the possibilities of purchasing the property adjacent o the present City Hall for a Public Park with benches and rest room acilities. Aldo the possibilities of State and Federal help. She stated hat she would write a letter to Mike Misner fox further advice and secure' and appointment with him. PETITION - ABANDONTNG PARKING METERS A petition was presented for abandoning parking meters in Rexburg. It was moved by Barton Jensen, seconded by Glenn Peterson that the request be denied. Unanimously carried. 'E: BILLS FOR PRESENT CONSTRUCTION Bills for the present construction was presented. It was motioned by Ruth Smith, seconded by Barton Jensen, that they be paid. The motion carried. E; NOISE AND DISTURBANCE OF MOTOR BIKES It was discussed what could be done for the noise and disturbance the motor ~~ bikes are causing for the residents. Mayor Shirley said that he would see what could be done. ~ 'RESOLUTION ity Councilman Richard Davis presented the following Resolution and moved is adoption, which was seconded by Albert Pieper and unanimously carried: RESOLUTION WHEREAS, the city of Rexburg has had a large increase in population and it appears that this trend is certain to continue. BE IT RESOLVED that the City abandon the previous program of adding a mechanical aerator to the existing lagoon to increase the capacity of that treatment facility.and{instead propose to have a dEtailed engineering study made of the treatment Facility with the intent of construction a separate aerated lagoon with capacity to handle the sewage load for RExburg for the next twenty (20) years. This project to be constructed when the existing facilities approach an ovexlaaded condition. STATE OF IDAHO, ~SS County o~ Madison t~ ~. BIDS FOR NEW'TRUCK Albert Pieper reported that he had. opened the bids for the now tt~u~~~ wli:ich the flusher will be mounted on, the bid was awarded to fiord Motor for $5U13.00! It was moved by Albert Pieper, seconded by Richard Davis. The motion carried. DISCUSSION ON GARBAGE REMOVAL ~ CHARGES There was a discussion on the garbage removal and the charges, the Mayor stated that this would be looked into in the near future. Meeting dismissed at 11:00 P.M, ~~ ~ ~? icy C1er 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 County, Idaho, was held Wednesday, September 16th, 1970, at the City I{all. Present: Mayor Henry Shirley Councilmen: Richard Davis Barton Jensen Albert Pieper Glenn Peterson Wendell Ritchie Councilwoman: Ruth Smith ,~ ref Ida Also present: Mary Smith, City Attorney Mr. Jenkins, reporter from Standard-Journal Newspaper. MIN: In the excused absence of Beulah Johnson, City Clerk, the Mayor asked Mary Smith to take the minutes. M Minutes of regular meeting held September 2nd were read and corrected. Moved by Barton Jensen, seconded by Albert. Pieper and unamimously carried th the same be approved as corrected. JESSE NEIDERER -.PLANS FOR A MEDICAL BUILDING FOR DRS. MABEY Jesse Neiderer presented plans to build a medical building for the use of Drs. Mabey to be located on the corner of Main Street and Ash. The matter was discussed and the council advised Mr. Neiderer to present the matter to the Planning Board and that it would also be necessary for him to have the area re-zoned. ~. FRANK JENKINS - PLANS TO BUILD EXTENSION AT 256 WEST 4th .SOUTH Frank Jenkins presented a plan to build an extension on the front of his house located at 256 West 4th South using the extension as a commercial build- ing for his carpet business, with an access road to the back and a parking area on the west. Mr. Jenkins reported that he had attempted. to present his plan to the Planning Board but was unable to do so as they only had two members at their meeting. The matter was discussed and Mr. Jenkins was re- quested to present his plans to the building inspector. ,. BUILDING REPORT Building permits with corresponding building value of $75,047 and mit fee charged for the .month ,. BOB RITCHINS, MANAGER OF CEDARS APARTMENTS DISCUSSED FENCING $150.00 pe The Mayor reported that Bob Ritchins, the Manager of the Cedars Apartment buildings had discussed with him the. requirement for a fence around the proj- ect. The matter of a type of fence to be required was discussed by the council and it was recommended that Mr. Ritchins contact the neighbors in the area and determine from them the type of a fence that would best serve the needs of the adjoining propexty owners.