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HomeMy WebLinkAbout1973.08.15 CITY COUNCIL MINUTESMINUTES OF THE REGULAR CITY CC7UNCIL MEETING OF THE CITY OF REXBURG, IDAHO Regular City Council held 7:30 August 15, 1973, at City Mall. Present & presiding Mayor Henry Shirley. Council present Barton Jensen, Ruth Smith, Albert Pieper, Richard Davis, Warren Porter and Glenn Peterson. City Attorney Mary Smith, City Clerk & Treasurer Beulah Johnson. Reporters Mike Green of Post Register and Roger Porter of Rexburg Standard and Journal. Visiting Scout Troop 306. Eleven scouts and scout master Merrill Rudd attended first part of meeting. RED-. CENCUS DESCUSSED Cencus discussed for 1973 and revenue increase that wouEd be gained from State, local, and federal. Davis moved that we proceed with necessary action. Seconded by Porter. r All Aye ~ ~ RE: DISCUSSEON ON NEW SHOP, IMPOUNDING LOT, DOG POUND, SALE OF BURTF.NSHAW l3U I l_D I NG Discussion was held for building a new shop, impounding lot, dog pound. Smith motioned that legal proceedings begin, to sell the Burtenshaw building to further the project. Seconded by Pieper. Unanimously carried RE: ORDINANCE N0. 538 AN ORDINANCE EXPRESSING THE INTENTION OF THE CITY OF REXBURG TO SELL ON NOVEMBER 7, 1973, AT 8 O'CLOCK P. M., THE HEREINAFTER DESCRIBED REAL. PROPERTY BELONGING TO THE CITY AND WHICH PROPERTY HAS CEASED TO BE U5ED FOR PUBLIC PURPOSES; SETTING FORTH THAT THE PROPERTY HAS BEEN APPRAISED AND WILL BE SOLD TO THE HIGHEST BIDDER AT PUBLEC ACTION FOR CASH OR CONTRACT, THE CITY RESERVING THE RIGHT TO REJECT ANY AND ALL BIDS: AND GIVING NOTICE THAT NO SALE SHALL OCCUR UNTIL. NOVEMBER 7, 1973, AT 8 o'clock P. M., DURING WHICH TIME THE QUALIFIED ELECTORS OF THE CETY OF REXBURG, IDAHO, MAY EXPRESS DISSATISFACTION IN THE MANNER AND FORM AS PROVIDED BY SECTION 50-1403, IDAHO CODE, AND PROVIDING THAT SUCH ORDINANCE WELL BE EFFECTIVE AFTER ETS PASSAGE, APPROVAL AND PUBLICATION. A motion was made by Warren Porter, .seconded by Albert Pieper 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 caEEed by the City Clerk for the suspension of the rules was as follows: Those "AYE" Barton Jensen Glenn Peterson Ruth Smith - Albert Pieper Richard Davis ~ Warren Porter 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 Glenn Peterson, seconded by Ruth Smith. The Mayor ordered the roll cal! of the council called, and the roll being called by the City Clerk for the final passage of the Ordinance was as follows: Those."AYE" Barton Jensen .Glenn Peterson Ruth Smith Albert Pieper «~"~': ~~ ~ Richard Davis Warren Porter ~~,~ V I a The roll being called and aII councilmen present vesting "AYE" carried, the Mayor declared that a majority of all the members of the City Council had voted for the passage ref safid Or~dinanee and that said Ordinance was duly and regularly passed. Mayor Shirley then declared the motion carried. ~E: MINUTES Minutes of August 1, 1973 were read. Motioned by Jensen, seconded by Pieper. ~E: TRAILER ORDINANCE DISCUSSED Unanimously carried Trailer Ordinance was discussed, each councilman is to study and review for the next meeting. RE: EXPIRING LEASE FOR POST OFFICE DISCUSSED The expiring lease for the Post Office was discussed. Jensen motioned that the Mayor write a letter to proper authorities and ask for some indication of building a new post office as there lease expires July 1974, and the City no longer wishes to renew same. Seconded by Smith. All Aye ~E: NATIONAL GUARD WANT TO COMPLETE PROJECT AT CLOSED CITY DUMP Mayor Shirley stated that he had received word from authorities of 116th National Guard engineers and that they wanted the complete project at the Closed City Dump to make whatever the City wanted for recreational purposes from start to finish. 2E: PURCHASE OF BUD HOWARD'S PROPERTY, DOG POUND, RECREATION SITE The purchase of Bud Howard's six acreas adjacent to this was discussed. Using present building on the site for a temporary dog pound and developing the area at the same time ~s the old garbage dump for reacreational purposes. Motioned by Pieper and seconded by Peterson that the Howard property be purchased for $10,000. All Aye ~E: DEAN RICKS ASKS PERMISSION TO INTERCEPT SEWER WEST OF 5 WEST Dean Ricks met with the Council, asking permission to intercept the sewer West of his present properties, west of 5 west with 18" line to service his development and Jack Randall's as it was impossible to connect onto 5th west. Connecting streets in Randall addition was discussed; one lot was. to be set aside with Randall having a street coming onto 5th west, to contra) flow of traffic as well as through Taylor addition. The connecting onto sewer line was tabled until Forsgren, Perkins and Armstrong could determine if it was feasible. 2E: FESCAL AGENTS MET TO DISCUSS BONDING FOR WATER SYSTEM Ken Newman representing Burrows and Smith and First Security fescal agents met .with council to discuss bonding for the water system expansion. Restrictions of amount that can be bonded on Revenue Bonds was by previous water and sewer revenue bonds. Legally about $500 thousand was the limit. Me proposed 15 year general obligation for the additional amount needed. After discussion on entire project, Mr. Newman ask that he and Mary Smith be authorized to proceed. Pieper moved we sign and accept contract with Burrows Smith and Company for fee of 1.25 per thousand for G. 0. B. and 1.50 per thousand for Revenue Bonds with interest being 6 I/2 to 6 3/4 range. Smith seconded. ~ ~ A I I A y,e tE : B ILLS ,~ ~'" ~~~ ; Bills in the amount of $19,474.58 were read. Moved by Jensen, seconded by Peterson same be paid. U n a n i m o u s l ~~ c~ ~ r r i ~~, ~1 I RE; MONEY TO BE USED FOR NEEDED 5TROM SEWERS Pieper ask that money in fund left from recent banding be used for needed Strom sewers. All Agreed it should be done. I RE: DEEDING OF MADISON AVENUE TO CITY The deeding of Madison Avenue to the City of Rexburg was discussed. Motioned by Jensen, seconded by Smith that this be accepted as a dedicated street. All Aye R DISCUSSION ON HEALTH NUISANCE, SPRAYING OF TREES Discussion by Councilwoman Smith on what could nuisance in City limits. Council felt when it ~~' Bruce Arnell should be the one to take care of all the trees sprayed at both parks TO CONTROL COULD KILL THE TREES. This was tabled for fur RE: MEETING WITH CHAMBER OF COMMERCE REPORTED I N PARKS ~~~ , be done on health came to health, that it. Smith ask to have INSECTS THAT ther investigation. Porter and Jensen reported their meeting with the Chamber of Commerce. And the Chamber stated that they would no longer help with the Christmas decorations after this year as they had such limited funds. Peterson moved that we adjourn at 10:40 P.M. Seconded by Pieper. Unanimously Carried 1 I RE ,.J MINUTES OF THE SPECIAL CITY COUNCIL MEETING. OF THE CITY OF REXBURG, IDAHO STATE OF IDAHO, ) COUNTY OF MADISON,(SS CITY OF REXBURG. ) RESOLUTION LID X20 The City Council of the City of Rexburg, Madison County, .Idaho, met in a special meeting August 30, 1973 at the hour of 5:30 P. M. at the regular meeting place of the City Council in the City Hall at Rexburg, Idaho, due legal and timely notice of said meeting and its object having been served upon the members as required by law and the rules and ordinances of said City. On roll call the following members constituting more than three-fourths of the Cauncil, were present: Mayor: Henry Shirley Councilmen: Richard Davis Albert Pieper Barton Jensen Ruth Smith Warren Porter Absent: Glenn Peterson Also Present: City Attorney, Mary Smith City Clerk, Beulah Johnson Councilman Albert Pieper introduced the following Resolution in writing and moved its adoption: RESOLUTION N0. 1 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, TO CAUSE CERTAIN STREETS AND ALLEYS AND,PARTS THEREOF ~,,, w t) ' ' ~ I WITHIN THE CORPORATE LIMITS,OF SAID CITY, TO 8E Gf2AbEp, cRAVEL~`~a, PRIME COATED PAVED CURBED GUTTERED, SURFACC~ DRAINED, S I DE.WAI K`~ , `;f '~".'}-!~' AND WATER LINES CONSTRUCTED THEREON; TO CREAT£ LOCAL IMPROVEnf~iliJl Uf~TRICi N0 20 FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS; TO DEFRAY THE C05T AND EXPENSES OF SAID DISTRICT, AND THE COST AND EXPENSES OF SAID IMPROVEMENTS BY SPECIAL ASSESSMENTS LEVIED UPON AND AGAINST THE LOTS AND PARCELS OF LAND FRONTING ON, ABUTTING, ADJOINING, CONTIGUOUS AND ADJACENT TO SAID STREETS AND ALLEYS TO BE IMPROVED IN PROPORTION TO THE BENEI=ITS TO BE DERIVED BY THE PROPERTY ASSESSED, EXCEPT THAT THE COST AND EXPENSES OF ALL SUCH IMPROVEMENTS. WITHIN STREET INTERSECTIONS, ALLEY INTERSECTIONS AND THAT MIDDLE PORTION OF CERTAIN STREETS IN EXCESS OF 40 FEET WIDE, SHALL BE PAID FROM THE GENERAL FUNDS OF THE CITY, AND DECLARING SAID IMPROVEMENTS TO BE AN ORIGINAL IMPROVEMENT OR IMPROVEMENTS: GIVING THE KIND AND CHARACTER OF SAID IMPROVEMENTS AND THE ESTIMATED TOTAL COST THEREOF: FIXING THE TIME WHEN PROTESTS AGAINST SAID IMPROVEMENTS AND THE CREATION OF SAID DISTRICT MAY BE FILED IN THE OFFICE OF THE CITY CLERK AND WHEN SUCH PROTESTS WILL BE HEARD AND CONSIDERED BY THE CITY COUNCIL, AND PROVIDING FOR GIVING OF NOTICE THEREOF. F~ f WHEREAS, the City Council of Rexburg, Idaho, deems it for the .best interests of the City to cause certain streets and alleys and parts thereof within the corporate limits of said City, to be graded, graveled, prime coated, paved, curbed, guttered, surface drained, sidewalks, sewers and water lines constructed thereon, and to create Local Improvement District No. 20 for the City of Rexburg, Idaho, for the purpose of making said improvements, and WHEREAS, the estimated total cost of said district and of said improvements is $219,497.00, of which sum $62,737.00 is the total estimated cost of said improvements within street and alley intersections and the middle strip along certain streets, and WHEREAS, the City Council is authorized to expend from the general funds of the City the whole of the costs and expenses of said improvements within street and alley intersections, middle strips of certain streets, and such other portion of the costs and expenses of said improvements as in their judgment may be fair and equitable in consideration of the benefits accruing to the general public by reason of such improvements and WHEREAS, the City Council proposes to defray the costs and expenses of said district and of said improvements to the extent of $1.56,760.00 by special assessments levied upon and against the lots and lands abutting, adjoining, continguous and adjacent to the streets and alleys to be so improved and on and against all lots and lands benefited by such improvements included in said district and to defry the whole cost and expense of said. improvements within the street and alley intersections and middle strip of certain streets from the general funds of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO, AS FOLLOWS: SECTION I: The city of Rexburg, Idaho, does hereby declare its. intention to cause certain streets and alleys and parts thereof within the corporate limits of the City of Rexburg to be graded, graveled, prime coated, paved, curbed, guttered, surface drained and sidewalks, sewers and water lines constructed thereon and for that purpose to create and establish a Local Improvement District hereon to be known as Local Improvement District No. 20 for the City of Rexburg, Idaho, comprising said streets and parts of streets and alleys and parts of alleys and the lots and lands abutting, adjoining, contiguous and adjacent thereto and the lots and lands benefited by such improvements and situated in said district. The names of the streets to be improved, or along which said improvements are to be made, the points between which the improve- ments are to be made and. the kind and character of the proposed improvements along and upon such streets are as follows: THIRD WEST: Between 4th South and 5th South wh:f~h is bordered on the west by Block II of the Parker Addition and on the east by Block 12 of the Parker addition will receive paving, curb at~d'gutter. ~.,, SECOND SOUTH: Between Ist East and 2nd East which is bordered on the north by Block 50 of the Original Rexburg Townsite and Block 4 of the Parker Addition on the South will receive paving, burb and gutter. Second South: Between 2nd East and 3rd East which is bordered on the north by Block 8 of the Rigby Addition and on the south by Block 9 of the Rigby Addition will receive paving, curb and gutter. V1I ~ ~ ~~r ~' 1 Second North: From 4th East going east 330 feet to the new high school property will receive paving, curb and gutter on bath sides. This is part of the unplatted city acreage. ~` Second North Between 3rd East and 4th East which is bordered on the north by Block 18 of the Original. Rexburg Townsite and on the south by Block 19 of the Original Rexburg Townsite will receive paving, Blurb and gutter. First North: From 4th East, east to the city limits which is bordered on the south by the Garner Addition and on the north by the unplatted city acreage will receive curb, gutter, paving and water. Mill Hollow Road: Running from Ist North to 2nd South through the Garner Addition, the Randall property and the Powell addition will receive curb, gutter, paving, sewer and water. Second West: Between 4th South and 5th South which is bordered on the west by by Block 12 of the Parker Addition and on the east by Block 13 of the Parker Addition on the east by Block 13 of the Parker Addition will receive sidewalk. Fourth South: Between 2nd West and Ist West which is bordered on the north by Block 8 of the parker Addition and on the south by Block 13 of the Parker Addition will receive sidewalk. First West: Between 3rd South and 4th South which is bordered on the west by Block 55 of the Original Rexburg Townsite and Block 8 of the Parker. Addition will receive sidewalk on the west side only. Third South: i Between 2nd West and Ist West which is bordered on the north by Block 54 of the Orginal Rexburg Townsite and Block 8 of the South by Block 55 of the Original Rexburg Townsite and Block 9 of the South nd Addition will receive sidewalk on the south side only. first West: ~.~ Between I st I~rth~'an~c `d o +~ i s bordered on the east by Block 23 of th`e Original Re burg Townsite will receive sidewalk on the east side only. :`f A New Street: A new street has been dedicated to the City which runs on the unplatted city acreage from Ist North to 2nd North immediately adjacent to the new high school property. It wilt ~Gceive curb, gutter, paving, sewer and water. i '~ ~ {,~, .. Fourth East: Between 1st North and 2nd North which is bordered on the west by Block 19 of the Original Rexburg Townsite and on the east by the unplatted city acreage will receive sewer on the. north 495 feet. SECTION II. The kind and character of said improvements are as follows: To cause. certain streets and alleys and parts thereof within the corporate limits of said City, to be graded, graveled, prime coated, paved, curbed, guttered, surface drained, sidewalks, sewers and water lines to be constructed thereon, all according to the plans and specifications to be filed inthe office of the City Clerk on or before the day fixed for hearing protests against the creation if sand district and tt~e making of said improvements. SECTION III: The said improvements are original. ,~ SECTION lV. -The estimated costs and expenses of said district and of j ~ sand improvements are $219,497.00, which sum is to be allocated and r paid as follows: From special assessments ------------------------$ 456,760.00 From general funds of the City------------------- 62,737.00 Section V. The cost and expenses of said district and of said improvements which is to be paid by .special assessment is to be assessed upon the the abutting, adjoinging, contiguous and adjacent lots and lands on .the streets or parts of streets, and alleys or parts of alleys along or upon which said improvements are to be made, and upon tots and lands benefited by such improvements anal included within said district to the distance back .From said streets and parts of streets, if platted in blocks to the center of the blocks, if platted in lots to the center of the tots and if .not platted, to the distance. of 125 feet, or in proportion to the benefits derived to such lots and lands by said improvements, sufficient to cover the total cost and expenses of said work to the center of the street. The cost and expenses of said improvements within street and alley intersections and the middle strip of certain streets, namely, the sum of $62,737.00 is, in the judgment of the City Council, a fair and equitable portion of the total cost and expenses of said district and of said improvements to be expended from the general funds of the City in consideration of the benefits accruing to the general public by reason of such improvements and shall be paid out of the general funds of the City. ; That Tuesday, the 18th day of September, 1973, at 8:00 o'clock P. M. of said day, and the chambers of the City Council in the City Hall in the City of Rexburg, Idaho, be, and the same are hereby designated as the time and place when protests against the creation of said district or the making of said improvements wi4l be heard and considered. by the City Council and that protests against said improvements or the creation of such district may be filed in the office of the City Clerk on or before the day of such meeting to, but not later than, the hour of 8 o'clock P. M. of said day. The City Clerk is hereby ordered and directed to give notice of the passage of this Resolution, the time within which protests against said proposed improvement or the creation of said district may be filed, and the date when such protests will be heard and considered by the Council in the manner provided by law. APPROVED BY THE MAYOR OF THE CITY OF August, 1973. ATT ST: City Clerk REXBURG, IDAHO, THIS 30th day of ayor Councilman Ruth Smith seconded the adoption of Resolution no. { declaring the intention of the City Council of the City of Rexburg, Idaho, to create Local Improvement District No. 20, and the same, on being put +-o a vote, was unanimously carried by the affirmative vote of all 1 councilmen present, the vote being ass follows: AlBert Pieper Richard Davis Ruth Smith Warren Porter Barton Jensen R .ATTORNEY READ LETTER FROM TED V. City of Rexburg Rexburg, Idaho 83440 } ., ~~ r +~ ~. ~ Aye Aye Aye Aye Aye .c~ City Clerk, R urg, Idaho WOOD, ATTORNEY FOR MARTIN HARRIS, JR To Whom It May Concern: On May 5, 1973, our client was injured in a collision which was caused, according to the Idaho State Police report, by improper passing on jthe part of Kenneth Norris, who was driving an ambulance owned by the City of Rexburg. The accident occurred on May 5, 1973, at about 12:35 on U. S. 20, approximately 5.5 miles North of Idaho Falls, at the intersection of Hitt Road and U. S. 20. The ambulance driver attempted to pass a pickup which was in the act of making a left hand turn off of U. S. 20. The ambulance struck the left front side of the pickup, as the pickup turned, causing the ambulance to travel into the guard rail on the on the left hand side-of the road.-` Out client, Martin~Harris, Jr., was picked up by the ambulance and was being transported to Idaho Falls. The wreck occurred while the ambulance was enroute to Idaho Falls. The parties involved in the wreck were Martin Harris, Jr., passenger in the ambulance; Kenneth Norris, driver of the ambulance; Lynn Webster, passenger in the ambulance; Alvin Julius Steltzer, driver of the pickup; and Clinton, Brenda, and Claudia Steltzer, who were passengers in the pickup. The injuries sustained by Martin Harris are as follows: Brain damage, compression break in vertebrae in his back, fractured right wrist, bruises and cuts on arms and face, severe lacerations to tongue, severe laceration on head, large lump on skull, paralysis on left side of body, bronchial pneumo nia, impairment of eyesight, and also side effects. This is not exclusive list, since many complications are still likely to develop. "This does, however, give you some understanding of the nature and extent of Mr. Harris' injuries. Since the injuries of Mr. Harris are continuing and permanent, this letter is also to give notice of a claim by Mr. Harris, against the City of Rexburg for $500,000.00 which includes his future loss of wages, injuries suffered by him and the loss and impairment of his mental and physical capabilities. Martin Harris is presently residing at 354 W. Main in Rexburg, and has resided there for the six months preceding the accident. It should be noted that some of the injuries resulted from the accident, which initially required ambulance service, however, since there is no present knowledge as to how these can be segregated, and because the majority of the injuries occurred as a result of the ambulance wreck, the claim herein stated, is made solely against the City of Rexburg, for its part in the injuries. sustained. We will Waite for the statutory period of 60 days for action by the City of Rexburg. Jf no offer of settlement or action is taken by that time, we will initiate suit. , k'. a.,A `~ i ~• Pleas® note that this letter has been f'lled by Mr, H~rris~ attorneys because of Mr. Harris' incapacity. We will anticipate being contacted by you or your insurance company. Sincerely yours, St. Clair, St. Clair, Hiller & BenJamin Ted V. Wood RE :• CLAIM FOR MARTIN HARRIS JR. DENIED Smith moved that City Clerk send a letter denying Martin Harris Jr. Claim. Seconded by Davis. AiI Aye RE: BEER. LICENCE TRANSFERED Motion made by Pieper to transfer Beer Lic~gce from Browns Food to Romrells Food Stores Inc. SEconded by Porter. A1I Aye Smith adjourned that meeting be adjourned at 6:10. Seconded by Porter. t Unanimously carried M yor ity Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF REXBURG, IDAHO Regular meeting of the Rexburg City Council held September 5, 1973 at 7:30. Present & presiding Mayor Henry Shirley. Council present Albert .Pieper, Richard L. Davis., Barton Jensen, Ruth Smith, Glenn Peterson, and Warren Porter. Others present City Attorney Mary Smith, City Clerk Beulah Johnson, Mike Green and Roger Porter newspaper reporters. . Minutes of August 15, 1973, were read motioned by Davis, seconded that they be passed as read.. Unanimously carried ~E: DISCUSSION ON PAYING FOR PHYSICAL EXAMINATIONS FOR FIREMAN Discussion on paying for physical examinations for regular and volunteer fireman. Pieper motioned that we pay for volunteer physicals only with regular fireman paying for their own. Seconded by Smith. All Aye ~E: BLOCK INC. REMOVING TREES ON THE SIDEWALK Discussion on Block inc. removing the trees on the sidewalk on main street, which they have ask permission to do. Tabled until City can see what they propose. in landscaping for the new store. ~E: OUTDOOR DANCES 1 1 Discussion on outdoor dances. .Smith moved that the Mayor write a letter to the Dean of Student Off icers and that for only v~at~y .,. ,: : ; ;-;;