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HomeMy WebLinkAbout1979.09.07 CITY COUNCIL MINUTESmeeting adjourn. Mayor John C. Porter Rose Bagley ity Clerk MINUTES OF THE CITY COUNCIL SPECIAL MEETING September 7, 1979 State of Idaho) County of Madison(ss City of Rexburg) A special meeting of theCity Council was held on September 7, 1979, at the City Hall. Present were thefollowing: Mayor: John C. Porter Councilman: Nile Boyle Warren Porter Morgan Garner Councilwoman: Darlene Blackburn Also Present: Mary Smith, City Attorne Absent: Rose Bagley Barton Jensen Jim Morris RE: FORSGREN & PERKINS Larry Perkins and Earl Kemp of Forsgren & Perkins were present. Mr. Perkins stated an estimate of the storm sewer project cost to be $1,500,000.00 and that might change because the college will take part as well as the State Highway Department. That the State is planning to take a pipe line to the west corner from the east end of the canal by the golf course and pick up the flow where the interchange is going to be and go on out. They;will do whatever the City thinks desirable. Mr. Perkins presented a summary sheet estimating what they thoue~t their fees would be for the project. The proposed fee charges were explained in detail by Mr. Perkins, as well as the cost of compliling an operation manual. Matter discussed. Mr. Perkins had a map and explained some of the things that could be done this year. Matter discussed. Moved by Nile Boyle that the City accept Forsgren & Perkins proposal of a $172,000.00 engineering fee charge. Seconded by Darlene Blackburn and unanimously carried. Earl Kemp stated they have started planning on the water tower. He explained the elevation from a USGS map and the necessary size of the tank, the area to be served, and the needed pressure. He said the tower and related works would be designed for probable earthquakes. RE: PROTESTS PERTAINING TO THE PROPOSED CITY BUDGET The Mayor stated the special meeting had been called to consider any protests pertaining to the proposed City Budget, as well as meeting with Forsgren & Perkins to consider matters pertaining to the storm sewer, their fee and the proposed water tower. He asked if there were any objections to the budget. There were no objections or protests. Moved by Nile Boyle, and seconded by Morgan Garner and unanimously carried that the proposed budget be adopted. ~ _.~ -- r.~x~r ~~~ ~-G- ~~- lei ~ Irk /r~ rr~~t,~~~' ~.~c 1~~C~ BOY~ng ~ Ro u~ a~u~t ~~~ t-r~~#~ Pre~~rvu~r..v~ u~ov~: alrP~~y ~~~~. (f1:~P~"14v4 ~ ,~. '~~'.~ - 3.48 d $ M Mouvcs~ a..-~,. xd~e~- ~ cx ~ 4~~ q ~-d~ ~aU,n ~ 4~r~c?, ~~-a ~VLJ L,.~' t9t1 I d, acao ~! Gaca~ 3, o 0 0 °~ .~ S, D©ca ~Mr .. SZ~ ZCF~a S,Z, Z~c~ ~f-,e?~XJ ~,G~J~ .~ .... ~' ~~ Z~7t a.C~.'~ ~7~~ ;'r ': ~,.. AGREEMENT BETWEEN CITY OF REX$URG AND FORSGREN-PERRIPIS ENGIr1EERING FOR PROFESSIONAL SERVICES This is an agreement made between the City of Rexburg (OWNER) and Forsgren-Perkins Engineering (ENGINEER) . The ENGINEER will provide the services listed in this Agreement with the City of Rexburg in accordance with the terms and conditions of this Agreement. This is for the design and inspection services for a 250,000 gallon elevated storage reservoir (hereinafter called THE PROJECT). GWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and'the payment for those services by. OWNER as set forth below. The ENGINEER shall provide professional engineering services for OWNER in all phases of THE FROJECT to which this .Agreement applies and serve as OWNER's professional engineering r,~presentative fcr the project as set forth below. ,,i SECTION 1 - SCOPE OF SERVICES 1.0 General The ENGINEER shall perform professional services as herein stated which include customary civil and structural engineering services and customary construction services. The scope of services for the elevated reservoir will include development of final plans and specifications for advertising and bidding of the elevated water storage tank. These plans and specifications will include the design and foundation testing and drilling necessary to complete the foundation design and construction limitations for bidding the elevated steel reservoir. The ENGINEER shall also determine for the OWNER an opinion of project cost. The ENGINEER shall assist the OWNER in obtaining bids or negotiating proposals for each separate contract for construction materials, equipment, and services. The ENGINEER will consult with and advise OWNER as to acceptability of subcontractors and other persons in organizations proposed by the prime contractors for those portions o.f work to which such acceptability is required by the bidding documents. ~'he ENGINEER will consult with and advise OL~TNER as to acceptability of materials and equipment proposed to be used by the contractor. The ENGINEER will assist the OL~INER in evaluating bids or proposals and in assembling and awarding contracts. During the construction phase of THE PROJECT, the ENGINEER will consult with and advise the OWNER and act as his representative during construction of THE PROJECT. The ENGINEER will make visits at the site at intervals appropriate to the various stages of construction including manufacturing to observe as an experienced and qualified design professional the progress and quality of the executed work of the contractor and to determine if such work is proceeding in accordance with the contract documents. The ENGINEER shall not be responsible for the means, methods, techniques, sequence or procedure for construction by the contractor or the safety precautions programs incidental to work of the contractors. The ENGINEER's effort will be directed towards providing a greater degree of confidence for the OWNER that the completed work of the contractors is performed in accordance with the contract documents. During such visits and on the basis of on-site observation, the ENGINEER shall keep OWNER informed of the progress of work and shall endeavor to guard owner against defects or deficiency in such work and may disapprove ... or reject work found not to conform with contract documents. The ENGINEER will review and approve or take other appropriate action on shop drawings and samples and the results of tests, inspections, and other uata which each contractor is required to submit. This review will be for conformance with the design concept of THE PROJECT and compliance with the information given in the contract documents. Based on the ENGINEER's on-site observations as an experienced and qualified design professional and on review of applications for payment and accompanying data and schedules, determine amounts owing to contractors and recommend in writing payment for the requested amounts. Such recommendations of payments will constitute a representation to OWNER based on such observations and review that the work has progressed to the point indicated and to the best of ENGINEER'S knowledge, information, and belief that the quality of such work is in accordance with the contract documents. The ENGINEER shall conduct an inspect iron to determine if THE PROJECT is substantially complete and the final inspection to determine if work has been completed in accordance with the contract documents and if each contractor has fulfilled all his obligations thereunder so that ENGINEER may recommend in writing final payment to each contractor end give written notice to OWNER that the work is acceptable. During the construction of the elevated storage reservoir, the ENGINEER shall provide periodic on-site residential inspection to assure that work is progressing with the contract specifications. This inspection will include welding verification, field surveying and staking, and all necessary shop inspection. A11 work performed will be in accordance with the accepted standards of professional practice. All original contract documents are the property of Forsgren-Perkins Engineering except whereby law or where these documents become public property or except when agreed in advance. The O6TNER agrees to limit ENGINEER'S liability to the OWNER and to all construction contractors and subcontractors on the project due to his negligent acts, errors or omissions, such that the total aggregate liability of the ENGINEER to all those named shall not exceed 550,000.00 or the ENGINEER'S total fee for the services rendered on this project. 2.0 Payments to T:ngineer The ENGINEER shall provide the above scope of services as directed by the owner for the 250,000 gallon elevated reservoir at the lump sum cost of 8°; of the low bid received on THE PROJECT. The schedule of payment to the ENGINEER will consist of $7,000.00 in October of 1979, $7,000.00 in November. o£ 1979, and ;7,000.00 in December of 1979. The remainder of the fee for engineering services shall be paid monthly during construction, divided equally over the months of construction. l00 of the engineering fee will be withheld until final completion of THE PROJECT and acceptance by the OWNER. fl ~~ IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF P.EXBURG '~? ~ a ~~ ~ ti!.1~1 ~ ~ ~..i~ 'V J n C. Porter, mayor 'ty of Rexburg City Clerk .~ 4 FORSGREN-PERKINS ENGINEERING, p.a. Larry V. Perkins, P.E. President Earl S. Kemp, P.E. Rexburg Area ~Qanager f September 13, 1979 Rexburg, Idaho To the Honorable Mayor and City Council of the City of Rexburg, We a group of concerned residents appreciate being on the agenda September 19, 1879 at your City Council Meeting. We appreciate the good job that you are doing as our Mayor and City Council here in Rexburg. We are very concerned about the building of the bar tavern at 248 South 2nd West.' We feel the Hebdon Application should be denied.. Section 13 of t~'ie City Ordinance 341 states na license should be issued when the building is within 200 feet of a church ~ church building. Church services have been conducted at the Golden Living Center for many years. Relief Society is held each Tuesday. Every Thuxsday night a group of ~-~ young people either from the College or different wards axe at the Golden Living Center presenting special programs. Several of the residents of the Center have been adopted as second grandparents by College students who visit them regularly. Ch3.Idren and grandchildren visit regularly also. ,Section 13 of Orrdinance 341 also states that."No license shall be issued to any person to sell or distribute draught beex, or bottled or canned beer to be consumed on the premises where sold or delivered, in any resi- dential district or section of city chiefly occupied by residences." There are between 40 and 50 people who are residents of The Golden Living Center - a retirement home. They consider this their home. They are entitled to the same rights and privileges as other residents of the city of Rexburg. As you know, it is located one and one-half block from the 5th and 2r~d Wan3 LDS Chapel, one-half' block from Porter Park where the consumption of beer is prohibited, and one block from the Ricks College CAmpus and four of the largest off-campus student housing complexes. The Little Giant Drive -In is patronized by children of all ages. School children, px3 mart' children, and college students walk past this location every day. In the Rexburg City Ordinance 341 Section 15 it states: "The city council reserves the right and,_power to deny, for cause, any application for a license to sell beer at retail within the city of Rexburg." We believe that this cause has been clearly outlined in the above paragraphs. We know that you will act in the best interests of the community which you represent. We encourage you to deny the license for the opening of a bar tavern at this location. -, Sincerely, J- .. >, f7~Z'LG~ ~/t-~ ~ ~ .la ~~L.~f' l ~~ e ,~ ,~ ~ , ~ ~ v ~J ~~~ ~~ 7~%~ %~~. t~ ;r ~ f / 1Gf~~l.v~ r~ - ~~CZ ~ z~~~~E~~ ~~ J ,,~ ~~'i~~P/ y~ r a ._: _' STATEMENT TO CITY COUNCIL 19 September 1979 The Rexburg Stake has the ecclesiastical responsibility for all Church members living within the boundaries of the Stake. This includes L.D.S. members living in the Golden Living Center. They have been considered a Church unit bf the Rexburg Stake for many years, with their own meeting schedule. The meeting schedule has regularly been included in the news- paper, along with the schedule for other Church units in the community. While the Center is geographically located in the Rexburg 5th Ward, there is a formal organization set up, with people called, to conduct Church meetings at the Golden Living Center. This organization includes a few, who live in the Center, and others who do not. Only in rare instances, or for special meetings, would a member of the 5th Ward Bishopric or Stake Presidency attend. It functions as a separate unit. Regularly scheduled meetings include Sacrament Meeting on Sunday and a week-day Relief Society. Other Church meetings, services, programs, etc. , also take place in theC~nter. These are generally in the evening, on days other than Sunday, Frequently, young people, college students, families with children, go to the Center on religious assignments to provide programs, share talents , render service for the people living there . In behalf of the Rexburg Stake Presidency, I express appreciation to the owners of the Golden Living Center for permitting a Church unit to function ~ _. _.. there. Elderly people do have special needs and we have great concern for them. Without:question, Church has existed in the Center for many years . We plan to continue with that unit. As you members of the City Council consider this issue, would you please weigh the facts as they exist, relative to the Golden Living Center and the Church services held there. People living there should be given the same rights, privileges and protection provided any religious unit in the city. Respectfully, Donald D. R dalch, President Rexburg Idaho Stake G RE: CITY ATTORNEY READ ORDINANCE 605 RE: ORDINANCE NO. 605 Barton Jensen Jim Morris AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITX OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 1979, TO SEPTEMBER 30, 1980, AND APPROPRIAT- ING TO THE SEVERAL DEPARTMENTS, OFFICES AND FUNDS OF THE SAID CITY GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE NECESSARY OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL TO DEFRAY THE EXPENSES AND LIABILITIES OF SAID CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, ALSO-SPECIAL APPROPRIATTONS FOR TEDRO FEDERAL FUNDS FOR SAID FISCAL YEAR. Thereupon it was moved by Councilwoman Darlene Blackburn and seconded by Warren Porter that the rule regarding ordinances of a general and permanent nature to be fully and distinctly .read on three different days be dispensed with grid that said Ordinance be numbered 605 and be passed and adopted as read. Thereupon the Clerk was ordered to call the roll on said motion and the roll call upon said motion was as follows: Those voting AYE: Those voting NAY: Darlene Blackburn Nile Boyle Warren Porter Morgan Garner None Absent: The Mayor thereupon declared that the motion, having been passed by not less than three-fourths of the Council, had been duly carried, and that said Ordinance No. 605 was duly passed and adopted. The City Clerk was directed to publish said Ordinance No. 605 in at least one issue of the Rexburg Standard-Journal, a newspaper published in the City of ffexburg, Idaho. RE: ADJOURNMENT Moved by Warren Porter, seconded by Morgan Garner and unanimously carried, that the meeting adjourn. Rose Bagley Ci erk Mayor John C. Porter MINUTES OF THE CITY COUNCIL MEETING September 19, 1979 State of Idaho) County of Madison(ss City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held September 19, 1979, at the City Ha11. Present were the following: Mayor: Councilman: Councilwoman: John C. Porter Jim Morris Warren Porter Barton Jensen Morgan Garner Nile Boyle Darlene Blackburn