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HomeMy WebLinkAbout1975.09.17 CITY COUNCIL MINUTESThose voting Nay: ~~ Absent: None Glenn Peterson The Mayor thereupon declared that the motion, having been passed by not less than three-fourths of the Council, had been duly carried, and the Ordinance No. 566 was duly passed and adopted. The City Clerk was directed to publish said Ordinance No. 566 in a least one issue of the Rexburg Standard or Journal, a Newspaper published in the City of Rexburg, Idaho. IRE: BILLS APPROVED Councilman Barton Jensen moved the bills be accepted for payment. Councilman Nile Boyle seconded. All Aye IRE: ADJOURNMENT Councilman Morgan Garner moved the meeting be adjourned. Councilman George Catmull seconded. ,'. :~. ~, ~~ ~,. ~, i i Afton Anderson, City Clerk Unanimoulsy carried Mayo n Porter MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF REXBURG, IDAHO State of Idaho) County of Madison(SS City of Rexburg) A regular meeting of the City Council of the City of Rexburg, Madison County, State of Idaho, was called to order by the Mayor John C. Porter, at 7:30 P. M. on September 17, 1975, at the City Hall at Rexburg, Idaho, there being present the following: Mayor: John C. Porter Councilman: Barton Jensen George Catmull Nile Boyle Warren Porter Glenn Peterson Morgan Garner Also Present: Mary Smith, City Attorney Afton Anderson, City Clerk News Media RE: MINUTES APPROVED Minutes of the previous meeting were read and discussed. Councilman Nile Boyle moved the minutes be approved as corrected. Councilman Barton Jensen seconded. A I I Aye ~ RE: PETITION FROM HAROLD NIELSON FOR PAVING TO BE DONE Mayor Porter read a petition presented by Harold Nielson. The petition requested that 4th West be paved or oiled between 3rd and 4th South. Mayor Porter stated that there were no funds left to do it this year. Councilman Barton Jensen suggested that it be turned over to the planning board for recommendation. He felt this could be put on an LID next year. 1 1 RE MANWARINGS ASKED FOR SPECAIAL USE PERMIT, AND PERMIT TO USE PROPERTY COMMERCIAL Blair Manwaring, Var Manwaring, and their attorney, Gordon Thatcher ask~l the council for a special use permit and permit them to use as commercial, that property which is in debate. City Attorney, Mary Smith, stated that the Council could not give anyone permission to break a City ordinance. The time limit of the 20th must apply. Manwarings attorney, argued the legality of the Councils ruling to keep this property residential as it is now surrounded on three sides by commercial or industrial properties. This could be the death of the company and they may have to take it to court. Attorney Thatcher felt there could be allowances made to these neighbors that are against the business, such as a solid fence between the business and the homes, or a building to block off the site. The map he showed with coloring around the Manwaring property showing the uses of the property. Attorney, Gordon Thatcher expressed his doubts that the courts would uphold the decision of the Council in their previous hearing. Mayor Porter advised that the hearing had been handled legally and that the Council had to make their decision as the people wanted. If they were to go on any farther with this, Manwarings would have to give the City a letter of intent with a petition and a request for another hearing. Mr. Thatcher asked for the Cities cooperation. ARE: FENCE LOCATED BY GAMBLES IN SHOPPING CENTER ON 1st SOUTH IN VIOLATION Jim Mitchell, of Gambles in Rexburg showed pictures of the fence located in the shopping center on 1st South. The fence runs between the parking lot for the Gambles store and the rest of the shopping center. The fence is falling down and becoming a hazard. The fence is not kept in repair and Mr. Mitchell asks if there isn't something that can be done. The building inspector has said that this fence is in violation. Council- man Morgan Garner moved that the City Attorney be instructed to write them a letter telling them that they are in violation and the fence must be taken down immediately. Councilman Warren Porter seconded. All Aye R CIVITAN CLUB DONATES $152.77 FOR SKATING RINK Mayor Porter reported that the Rexburg Civitan Club is breaking up for awhile. They have taken the money left in their bank account and donated it to the City towards the purchase of a skating rink. They presented the City with a check for $152.77. IRE: MAYOR GIVES PERMISSION FOR DANCE Mayor Porter reported that the Teton Villa girls are having a street dance. He has given permission for Friday night and one for this fall. RE: NO EXCEPTIONS TO THE RULE ON GARBAGE CHARGE Councilman Nile Boyle reported that Mr. Charles Beesley has complained to him about having to pay the garbage charge. Mayor Porter has talked to him about this before however we cannot make exceptions to the rule. The ordinance was passed that everyone would be required tc pay the garbage charge unless financially impossible. RE: DRAIN DITCHES NEED CLEANED OUT Councilman George Catmull reported that the City drain ditches need cleaned out. It will be done right away. R COMMENTS ON RAILROAD CROSSINGS Comments on the railroad crossings. They are in better shape than they have ever been. RE: NATIONAL GUARD TO HELP REPAIR BRIDGES Mayor Porter reported that he has been in contact with the National Guard. They would be glad to help with the repair of our bridges as that is part of their training. They will put in forms and pour the abutments on the sides. We would have to buy prestress concrete bottom. RE: BIDS PRESENTED ON LID 22 The bids for both projects under Local Improvement District No. 22 ;~:~~ were referred to the City Engineer and were to be considered and let by the Council at its regular meeting September 17, 1975. The following bids were received: H & K Contractors for Street Improvements --$168,278.00 For Extension of Sanitary Sewer and Water Lines: F. L. Hunter & Sons------------------------- 56,048.00 H & K Contractors--------------------------- 57,638.00 Zollinger Construction---------------------- 48,131.00 Mr. Miller, of Forsgren & Perkins, City Engineer, stated that the bid of H & K Construction for Street Improvements was a good bid and because of rising material and labor costs, it was likely a better bid could not be obtained at a later date. Barton Jensen moved, seconded by Glenn Peterson and unanimously carried, that the bid of H & K Construction of $168,278.00 for street improvements be accepted and the bid of Zollinger Construction of $48,131.00 for extension of sanitary sewer and water lines be accepted, and that the Mayor and City Clerk be authorized and directed to sign the necessary construction contracts. IRE: MAYOR REPORTS ON NEW PARK BY THE HIGHSCHOOL Mayor Porter reported on the new park by the highschool. He advised that the park must remain a park forever. It also will have to be a public park and cannot be restricted by the school. It must be scheduled as any other public park. It must be completed by September 1977. The tennis courts should be done this fall or early spring. They are ready to let bids. ARE: AGREEMENT WITH GARNERS FOR use of gravel PIT FOR DRAIN Mayor Porter has made a agreement with the Garners for use of the Garner gravel pit as a place to drain the spring run off water from the hill. They will put a police order "No Trespassing". The city will clean the place up and police it in exchange for the use of the drain field for five years . IRE: WATER DEPARTMENT GIVEN PERMISSION TO BUY PUMP Jerry Brian, Superintendent of the Water Department, has asked for permission to purchase a 2" water pump for draining trenches. They need it very bad to keep the water drained out of a trench while they are making repairs. Council all agreed to purchase. IRE: WALTERS READY MIX INQUIRE ABOUT PROPERTY OWNED BY CITY Mrs. Walters, of Walters Ready Mix, Contacted the Mayor about the pro- perty the City owns next to their business, where the old city dump used to be. They want to expand their business and need some parking area. Councilman Barton suggested a lease rather than selling the property. Mayor Porter suggested they come into Council with a proposal. IRE: SKYVIEW ESTATES HAVEN'T GIVEN CORRECTED PLAT TO PLANNING BOARD IRE: The Skyview Estates haven't given corrected plat to planning board. They must correct discrepancy before acting on. PLANNING BOARD ASKS THAT BUSHES AND TREES BE CLEARED AWAY FROM SIGNS & LIGHTS The planning board asks that the bushes and trees be cleared away for view, from stop signs and lights. The obstructions must be removed from the street corners. Mayor Porter advises that the Police are preparing a report of the corners where there are obstructions. The. police are also preparing a report of where street lights are badly needed. Councilman Barton Jensen moved that the bills be approved for payment. Councilman Nile Boyle seconded. All Aye Councilman Glenn Peterson moved that the meeting be adjourned. Councilman Barton Jensen seconded. All Aye ~_ ~,,~'~` ~' f 'F .. ~`~~~~~ ~~~ r John C. Porter Afton Anderson, City Clerk