HomeMy WebLinkAbout1974.06.19 CITY COUNCIL MINUTES~~~
STATE OF IDAHO,)
County of Madison,(
City of Rexburg. )
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A regular meeting of the .City Council of the City of Rexburg, Madison
County, Idaho, was held on Wednesday, the i9th day of June, 1974, at the
hour of 7:30 o'clock P. M. at the Gity Hall, 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: John C. Porter
Councilmen: Barton Jensen
Glenn Peterson
Warren Porter
Nile Boyle
Morgan Garner
Absent: George Catmuil
Also Presents Mary Smith, City Attorney
Afton Anderson, City Clerk
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Thereupon the following proceedings, among others, were duly had and taken:
E: ORDINANCE 553 INTRODUCED
Councilman Glenn Peterson thereupon introduced an ordinance entitled
"An ordinance concerning the creation of, improvements in, assessments
against property in, and street improvement bonds for Local improvement
District No. 20, for the purpose of causing certain streets and alleys
and parts thereof within the corporate (units of said city, to be
graded, graveled, prime coated, paved, curbed, guttered, surface drained,
sidewalks, sewer and water lines constructed thereon within said district,
and providing when this ordinance shal{ be in effect.."
The motion was made by councilman Barton Jensen, and seconded by council-
man Nile Boyle, that the rule requiring ordinances of q general and
permanent nature to be fully and distinctly read on three different days
be dispensed with and that said ordinance numbered 553 be read in full
and at length and placed upon its finai passage.
Thereupon, the Clerk was ordered to tali the rol! on said motion and
the roil call upon siad motion was as follows:
Those voting AYE:
Those voting NAYr
Barton Jensen
Glenn Peterson
Warren Porter
Niie Boyle
Morgan Garner
None
The Mayor thereupon declared that the motion, having been passed by not
less than three-fourths of the Cauncii, had been duly carried. Ordinance
No. 553 was then read by the Clerk in full and at length as follows:
ORDINANCE NO 553
AN ORDINANCE CONCERNING THE CREATION OF, IMPROVEMENTS IN, ASSESSMENTS
AGAIiVST PROPERTY IN, AND STREET IMPROVEMENT BONDS FOR LOCAL IMPROVEMENT
DISTRICT N0, 20, FOR THE PURPOSE OF CAUSfNG CERTAIN STREETS AND ALLEYS
AND PARTS THEREOF WITHIN THE CORPe3RATE LIMITS OF SAID CITY TO BE GRADED,
GRAVELED, PRIME COATED, PAVED, CURBED, GUTTERED, SURFACE DRAINED,
SIDEWALKS, SEWER ANO WATER LINES CONBTRUCTEQ THEREON WITHIN SAiD DISTRICT,
AND PROVIDING WHEM THIS ORi~1NANCE`SHALL BE IN EFFECT.
The minutes of the previous Council meeting were read. Councilman Morgan
Garner moved that the minuts~ be approveid as corrected... Councilman
Warren Porter seconded.
M i NUTES QF THE REGULAR Cl TX CdUNt~ i ~l.
MEETING QF THE GiTY QF REXBURG, idaho
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Honorable Mayor John-Porter
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.Rexburg City,Council, -
Rexburg, .Idaho.
Dear Sirs: 4
We the undersigned, Glades anal H. J. Randall, President
and Vice-President for and. in behalf of Randall Corp-
oration, are hereby paying the full amount that you have
billed us for .our total cost under what is known as L. I. D.
No. 20 of the City of Rexburg, which Includes our property
on Mill Hollow Road.
However, we are paying this is full at this time, under protest.
First, because we wrote a letter requesting that we be left out
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of .the L.I.D.` comp etely, and that we would pay our share in
cash directly to the contractors involved. This letter was
written to Mayor Henry Shirley, and. was read to the City
.Council at the next meeting. The council denied the request,
and this was stated in the minutes of the vesting. However,
they did not notify us of this, so we assuaged that our request
had been accepted.
Secondly, because we feel that the engineering costs on the
sewer .and water linos are much too excessive..
We are reserving tha right to bring suit to recover part of
the cost that we ara paying at this time,
Very truly yours, ..
Randall
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H. Randall
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G dya Ball
President..
-President
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MAYOR AND CITY COUNCIL ~`~ ' ''~~.
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..City of Rexburg, Idaho
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Gentlemen:
-Kelly Clay. hereby makes claim against the City of
Rexburg, Idaho, pursuant to Idaho Code Section 6-907 and represents
as follows-:
1. Claimant Ke11y Clay is now and has.~been a
resident of Madison County-, Idaho, for a period of
six months immediately prior to the. date this claim
arose, is married .and currently employed in Madison
County, Idaho,
2. Claim is hereby made against the City of Rexburg
for the wrongful, malicious, and illegal assault and
battery of Kelly Clay, which Claimant alleges occurred
on or about the 26th day of February, 1974, at
approximately 12 noon on Main Street, in Rexburg;
Madison County, Idaho, by Officer Cliff Hammer of the
Rexburg, City Police Department prior to an arrest
made by said Officer Hammer and Officer Donald Fowler
of the Rexburg City Police Department.
3, Claimant alleges that the unlawful, wrongful,
malicious and otherwise. illegal assault and battery
on Claimant occurred as alleged above and as a direct
and proximate result on the wilfull assault and
battery on .Claimant by Officer Cliff Hammer of the
City of Rexburg, in which Claimant was severely beaten
on the legs with a night stick by Officer Hammer.
Claimant alleges that he was wrongfully assaulted in
violation of Idaho iaw, to-wit, Idaho Code 18-706,
prohibiting unnecessary .assaults by ~~olice officers,
all resulting in serious bodily injury including
bruises, welts, swelling, discoloration, temporary
loss of use and mobility and other serious and severe
injury to Claimant's leg.
4. Claimant hereby makes claim by reason of the
foregoing of damages in the sum of 55,000.00.
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5. For` further particulars as to the conduct
of Officer Hammer anal the circumstances which
brought about the injury to Claimant, reference
is hereby made to the reports an record with the.
City of Rexburg Police Department and to the
transcript of proceedings at a hearing held in
the Magistrate's Court in and for Madison County
an March 22, 1974.
_~ You are requested to refer all future communications
and/or inquiries relative to this matter to Larry M. Boyle,
of the firm of Hansen & Boyle, Idaho Falls, Idaho, as Attorneys
for Claimant.
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Yours very truly,
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June 21, 1974
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Mr. Kelly Clay
c/o Larry a!. Hoyle
SADTSON 6 HQPKI~(S
Attorneys at Law
320 "A" Street
Idaho Falls, Idaho 83401
Dear Mr. Clay:
This is to notify you that the City Council of
the City of Rexburg, Idaho, on June 19, 1974,
denied payment of the undated claim that you
filed with the city,
Yours very truly,
Afton Anderson
City Clerk
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RIGHT-OF-WAY EASEMENT
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KNOW ALL MEN BY THESE PRESENTS: That in consideration
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of One Dollar ($1.00 and other good and valuable consideration
paid to CHARLES R. RASMUSSEN and BERYL S. RASMUS5EN, husband ~II
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and wife, of Rexburg, Madison County, State of Idaho, hereinafter.
referred to as Grantors, by THE CITY OF REXBURG, IDAHO, a
municipal corporation, hereinafter referred to as Grantee, the
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receipt of which is hereby acknowledged, the Grantors do hereby
grant, bargain,-sell, transfer, and convey unto-the Grantee,
its successors and assigns, a perpetual easement with the right
to construct, install and lay and thereafter use, operate, I
inspect, repair, maintain and replace a storm sewer, either
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open or buried, over, across and through the land of the Grantors ~
in Rexburg, Madison County, State of Idaho, described as
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follows, to-wit:
Commencing at a point that is 88 feet West of
the Southeast corner of Lot 7, Block 4 of the
Powell Modification Plat of a Portion of the
.Rigby Addition to the City of Rexburg, Madison '
County, Idaho, as :per-the recorded plat thereof
and running thence North 299 feet; thence West ~
10 feet; thence South 49.5 feet; thence East 5
feet; thence South 395.5 feet; thence East 5
feet; thence North 146 feet to the point of
beginning.
The consideration hereinabove recited shall constitute i
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payment in full for any damages to the land of the Grantors,
their heirs and assigns, by reason of the installation, operation,)
and maintenance of the structures or improvements referred to
herein.
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~- The grant and other provisions of this easement shall
constitute a covenant running with the land for the benefit of !
the Grantee, its successors and assigns.
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IN WITNESS WHEREOF, the Grantors have executed thisY
instrument this 20th day of June, 1974.
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STATE OF IDAHO, )
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County of Madison. )
On this 20th day of June, 1974, before. me, the
undersigned, a Notary Public in and for said state, personally
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appeared CHARLES R. RASMUSSEN and BERYL S. RASMUSSEN, husband
and wife, known. to me to be the persons whose names are subscribed.
to the within instrument and acknowledged to me that they executed
the same.
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Notary P rc, rest ing at
Rexburg, Idaho. My commission ;,
expires June 25, 1975. `
(Sea 1)
The City of Rexburg, a municipal corporation, hereby
accepts the foregoing. Right-of-Way Easement.
Dated this 20th day of June, 1974.
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CITY OF XB G
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Mayo
ATTEST
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RE: POLICE ASK FOR RAISE ~~~`
Police Officers Bob Smith and Dale Thompson presented to the Council ~ f~
request, on the behalf of the police department, for an 18~ wage incre~'se '
plus overtime and holiday pay. Mayor Porter told them that the budget~•
was already set and we could not give them wage increases unti) Januaryt~~
The City would not be able to give the. police dept. additional wages ~+
without .giving the rest of the departments the same. In order to do th~s L
we wou I d have to ca I I for an emergency and get add i ti ona I tax money r~!~ ,.`~ . ;,
which we would not do.
,RE F I REWORKS PERMITS `~'
Requests for fireworks permits were turned in to the City Clerk by James~~
IGA, Carol Ard, Mighty Mite, and Joy Drug. Barton Jensen moved that
we issue the fireworks permits. Seconded by Nile Boyle.
~~~ A I I Aye
RE ~ LETTER FROM JACK RANDALL
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Mayor Porter read letter form Jack Randall
216 Mohawk,
Rexburg, Idaho
June 7, 1974
Honorable Mayor John Porter,
and
Rexburg City, Council,
Rexburg, Idaho.
Dear Sirs:
We the undersigned, Gladys and H. J. Randall, President and Vice-
President for and in behalf of Randall Corporation, are hereby paying
the full amount that you have billed us for our total cost under what
is known as L. I. D. No 20 of the City of Rexburg, which includes our
property on Mill Hollow Road.
However, we are paying this in full at this time, under protest. First,
because we w-rote a letter requesting that we be left out of the L. I. p.
completely, and that we would pay our share in cash directly to the
contractors involved. This letter was written to Mayor Henry Shirley,
and was read to the City council at the next meeting. The Council denied
the request, and this was stated in the minutes of the meeting. However,
they did not notify us of this, so we assumed that our request had been
accepted.
Secondly, because we feel that the engineering costs on the sewer and
water lines are much too excessive.
We are reserving the right to bring suit to recover part of the cost that
we are paying at this time.
I Very truly yours,
s
~ Randall Corporation
H. J. Randall President
Gladys Randall Vice-President
RE KELLY CLAY FILES WRONGFUL ARREST CLAIM AGAINST CITY
Mayor John C. Porter read X5,000 wrongful arrest claim against the City
by Kelly Clay of Rexburg. He charges Officer Clifford Hammer with
brutality. City Attorney Mary Smith advised the Counci l that in a
subsequent trial on the c harges for which he was arrest ed Magistrate ~
Court Judge Harold Forbus h ruled in favor of Clay, and the City is A
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appealing the decision.
Councilman Barton Jensen moved
that the Council. ¢,
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deny the claim.- Seconded by Glenn Peterson. '
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All Aye
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RE~ C I TY TO I NV 1 TE PHYLL I S TERRY OF A iC, TC Ct~M~ TO RtrXBURG
Councilman Morgan Garner moved we invite Phyllis Terry of the Assacidlion
of Idaho Cities, to come to Rexburg, July 8 to help the City with our
.,employee manuals. Nile Boyle seconded. Ali Aye
RE: CITY ACCEPTS EASEMENT FOR CHARLES RASMUSSEN $ VAR MANWARING
Charles .Rasmussen and Var Manwaring presented a plat adjoining Powell
Addition. They want the City to accept an easement for either a
..open or closed storm sewer along the back of these lots. Councilman
Barton Jensen moved that the City accept the foregoing easement.
Glenn Peterson seconded. All Aye.. Mary Smith will draw up necessary
papers. (copy of .Plat & easement in minute book.)
RE: REXBURG LUMBER ASKS PERMISSION TO PUT OIL TANKS ABOVE GROUND
Rexburg Lumber has asked for a building permit to put oil tanks above
ground. Mayor Porter advised that fio do so they would have to meet the
requirements set up by OSHA, which means they wou.id have to have a
concrete retaining wall around the tanks that would hold the amount of
the liquid that the tanks hold.
RE:SPECIAL MEETING ON WATER RATES TO BE HELD
The Council decided to have a special meeting Friday morning at 7;00 A.M.
at City hal{ on the water rates raise.
RE: PLAN TO RATION WATER DURING SUMMER MONTHS
The Council adopted a plan to ration water during the summer months
because of a shortage. Residents in the City are asked for the rest
of the summer, to water on even numbered days if they have even numbered
addresses, and to water on otid numbered days if they have odd numbered
addresses.
RE: NEW SAVINGS PLAN FOR EMPLOYEES
Barton Jensen moved the City adopt this new savings plan for employees
and would pledge l~ of the employees wages if they wish to join the
program. Nile Boyle seconded.
All Aye
RE: LUWAYNE WALKER OF POLICE DEPT. TO GET RAISE
Mayor .Porter advised that LuWayne Walker of the Police Dept. was due
for his next raise from 580 to $620 per month. It was approved.
RE: BILLS PASSED
Warren Porter moved that the bills be approved for payment. Seconded
by Morgan Garner.
All Aye
RE: CLOTHING ALLOWANCE APPROVED FOR TWO POLICE OFFICERS
Barton Jensen moved the Chief of Police, Blair Siepert and Sergeant
Fowler each receive $130.00 clothing allowance for this year.
Morgan Garner seconded.
Ail Aye
Warren Porter moved that the meeting adjourn. Nile Boyle Seconded.
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G~~% d.
All Aye
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Mayor
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City ~'l erk