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HomeMy WebLinkAbout1980.09.17 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING September 17, 1980 A regular meeting of the City Council of the City of Rexburg was held September 17, 1980 at 7:30 o'clock P.M. at the City Hall. The following council members were present: Jim Morris Norris Reese Darlene Blackburn Sander Larsen Nile Boyle Morgan Garner In the absence of the Mayor, Nile Boyle, President of the Council, took charge. Mary Smith, City Attorney, was also present and in the excused absence of the City Clerk Rose Bagley, the President of the Council asked Mary Smith to take the minutes. RE: MINUTES Minutes of the regular council meeting held Wednesday, September 3, 1980, were read and on motion of Sander Sarsen, seconded by Darlene Blackburn unanimously approved. RE: ROBERT SMITH PRESENTED KEY TO THE CITY OF REXBURG Nile Boyle, President of the Council, presented Robert Smith, who was attending the meeting, with a key to the City of Rexburg. He explained that this is the first time such an award has been given and that Robert Smith was being honored because of the outstanding work he had done in getting the Sun City, Arizona people to come to Rexburg during the summer months. The President of the Council went on to state the many benefits the community had derived from the presence of the Sun City people in Rexburg. Mr. Smith expressed his appreciation of having the award presented to him. RE: STUDENT BODY OFFICERS FROM RICKS COLLEGE The student body officers from Ricks College were present and Mr. Boyle welcomed them to the meeting and asked each one to stand and introduce him or herself, which they did. They all expressed appreciation for the fifne environment that exists in the City of Rexburg and their pleasure at being able to attend Ricks College. RE: LYLE LARSON - CONCERNING SALE OF GENERAL OBLIGATION BONDS, SERIES 12-1-80 Lyle Larson representing the Fiscal Agent, First Security Bank, for the sale of the $235,000 General Obligation Bonds, Series 12-1-80, explained matters pertaining to the issuance and sale of the bonds.Norris Reese introduced the Resolution pertaining to the Notice of Sale of the said General Obligation Bonds and moved its adoption, which was seconded by Jim Morris. After discussion, the President of the Council asked for an aye and nay vote. All council members being individually polled, voted aye. A copy of the Resolution is attached. RE JOHN MORFORD VARIANCE John Morford presented a petition to the Council asking for a variance in allowing his house at 232 West 3rd South in Rexburg, to be left in its present location upon the lot. The petition, circulated by Mr. Morford, had been signed by neighbors within a 300 foot radius of his property. He stated that he planned to use the home as an art gallery and and a studio for the outlet of fine art work. The matter was discussed. It was moved by Jim Morris that the petition be turned over to a City employee to check with the people who had signed it and determine if they wanted their signatures to remain upon the petition and that upon such investigation if they wanted their signatures to remain on the petition, the variance be approved. The motion was seconded by Morgan Garner and unanimously carried. RE: FRANK BLAKE - PROPERTY ON 4th WEST BETWEEN lst and 2nd SOUTH Frank Blake, who has property on 4th West between lst and 2nd South wanted to know if the street work was going to be done on that portion of 4th West this fall. Mr. Boyle explained that it had been included in the Local Improvement District and the work should be commenced within a few weeks. RE: ORDINANCE NO. 626 Ordinance No. 626 creating Local Improvement District No. 24 for Rexburg, Idaho, for the purpose of causing certain streets and alleys and parts thereof within the corporate limits of said city, to be graded, re -graded, graveled, paved, re -paved and otherwise improve the streets decsribed in said District and to construct and reconstruct curbs, gutters, drainage facilities, and other work incidental to all of the foregoing improve- ments along said streets, was introduced by Sander Larsen and the Ordinance was read in full. RE: LOW BID FOR THE PARKING LOTS Mayor,Porter told the council that Ards Excavating had got the low bid for the Parking Lots in -the amount of $72,411. A motion was made by Norris Reese and seconded by Nile Boyle to except the bid. All Aye. RE: WATER STUDY Mayor Porter told the council that they had started on the water study. The girls in the office are going over every meter read, so that when they do the study they can tell what needs to be changed. RE: MEETING WITH ALL DEPARTMENT HEADS. Mayor Porter reported that we had a meeting with all department heads. He had told OR that on all large items and quantity items would have to be bid out. All parts fittings, and tires would have to be bid out. Emergencies would be different. The department heads are going to cut down on their gas usage by 5%. We are re -bidding the gas now. RE: SALARY SHEETS ALSO REGULATIONS ON CONVENTIONS. Richard Horner is making a salary sheet. We also need to set up some rules and regulations on conventions. Two days is long enough to go to conventions. Any out of state conventions should get council approval. RE: AUDIT BIDS Norris Reese said that he had gotten a letter fro Joe Call, and Bob DaBell had called him. They are worried. We are going to get two other bids on the audit and compare. RE: BILL FROM EARLY BIRD SPRINKLERS Discussion on the bill from Early Bird Sprinklers. Earl Kemp had checked it over and circled what pertained to our contract. Mayor Porter was going to check with Archibalds. RE: REPAIROF CITY HALL ROOF Mayor Porter said that the insurance company had allowed us $1500 to repair the city hall roof. MEDIA BY PETERSONS John Millar reported that they had a meeting with H & K. They are going to re -do one block of the media by Petersons. The cost of putting top soil in and reseeding the media by Peterson's and the new sprinkling system. The total thing would cost $8774, H & K will have to spend $3000 anyway to putthings back the way they were, and the cost to the city will be $5474 extra if we put the sprinkling system in and put top soil and re -seed it. A motion was made by Norris Reese and seconded by Mim Morris to do this. RE: GOLF COURSE CLUB HOUSE Earl Kemp said that the state had appraised the neva Golf Course Club House at $190,000. RE: CANAL BY CHAPPLES Mayor Porter said that we have another problem with the canal by Chapples. RE PROBLEM AT CHARLES SMITH'S Earl Kemp ask about the problem at Charles Smith's. Earl was in the city hall the other day when Mr. Smith came in very irritated about the problem. Earl said that he called the State Highway Department about the problem and they told him that the city had to maintain the storm sewer. A motion was made by Morgan Garner and seconded by Darlene Blackburn that the city put a catch basin in on a 75% cost for the city and a25% cost for Mr. Smith. All Aye. SCORE BOARD AT THE HIGH SCHOOL FOOTBALL FIELD Nile Boyle said that the score board at the High School football field won't work. They want to get the old score board at Porter Park and use it. RE: WINTER RECREATION PROGRAM Nile Boyle said that he had had a meeting with Roscoe Orton about the recreation. They had decided to cut out the city's participation in the basketball, wrestling, football, and baseball. The only thing that the city would participate in during the winter is the ice skating. The council agreed. RE: ADJOURN A motion wap ade by Morris Reese and seconded by Jim m7rir adjourn. All ye. a�JY� City Cler se g1ey M John Porter CERTIFIED COPY OF RESOLUTIONS Commercial Depository Services 11 r 1,7 r, I hereby eortify that the following is a true copy of resolutions drily adopted by the Board of Directors of '- y. ��V �- t a carpo'5tion duly organized an,.l existing ander the laws of the State of mooing duly held on—. _______ __ 19 and duly cotCred in the Minutes of said meeting, a.nd that said resolutions are ill conformity with the Articles of Incorporation and By -Laws of the Corporation and are now full force and effect: _ WHEREAS, First Security C-ir Tt'%l 'l Il otitis colo mli i.il drpository u.teucs at its Office, and permils certain of its depositors who uishlto avail them raves of Slich swrei tx to use the ci Diet s, uu•luihn, thl. ni "h 1. dcpo tot p, on and subject to the terms and conditions set out in the Bank's printed form of Commercial D,positote Srrvwc,, Agi uuont, shown on the reverse side hereof Lind hereinafter called the "Agreement," a copy of which has been presented will ronsi l.red at this meting; and WHEREAS, it would be to the benefit of (his Corporation to use said Coninlercial Depository Servires (III and subject to the tennis and conditions cont.a.iued in said agreement; NOW, THEREFORE, BE IT RESOLVED, that- — �a's President, mid as _-Secpwktn of this Corporation be and they hereby are authorized aced directed, for and in the name of the Corporation and its corporate acct' and decd, to .nr;angc with sand 13auk for the use of said services anti to execute and deliver to said Bunk it Co nt nie rcia.l Depository Services Agrrcnecnt, :Illd all other documents required by said hank in con- nection with the rise of its Depository Services. I BE IT FURTHER RESOLVED, that the I = f _President of this Corporation be and hereby is authorized, from time to time, to designate Will appoint Due or nuxc. persons to art as authorized agents of tbo Corporation undcr the provisions of said Agreement and to revoke any appointment So made, and that Lhe -C'-^c r -i C,Y _Secretary of Ihr Corporation bo and hereby is authorized and directed to certify to said I3t1111t, by i xceution of said A �recllwlit ur oilletwise, each nppointnurntand rrvoca.tiou So nook: and the. :'pecintu) srenalLnr of each agent sci rippoiuted, ancf caul Baal: is authorized and requested to rely and a.L, aria shall Cre gully Urot(,Ied in to and actin,, ulxm tach such certification of apt)ointment, revocation and signature until it shall tecei,e at its ol'fite In evhi1rh such -rtil"kation was made, r.;tbcr o ccrtificd copy of a further resolution of the Board of Directors amending or rescinding theoc resolutions or .k further CC11ification as aIiMT provided for, as the case may be. I further certify that the person(s) whose mune(s) and signaturc.(s) are set out below bas (have) been duly appointed to act as agent(s) or authorized agents of said Corporation pursLiant to the foregoing resolution: NAME � IC PUR r John IJ, i OS i;] 2 rGY /--_C —_ r_(n — -- r, ^ Z IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Corporation on (Corporate Seal) ---- -- Secretary ity of Rexburg ID -36 1t3 -7s IY CO"I'ME11CiAL DEPOSITORY "Flit V'i "Es AGREEMENT C " OFFICE y l ° DATE. 19 IN CONS6PEjkAF�gN OI �'I[T7 USE 01�' Pllh.' COMMERCIAL DI��POSITORY SEHVIGI"S OI f ERF.1) PY THE h'I'i SECURITY ut �• _ � AT ITS ABOVE OFFICE, TIiE' UNDERSIGNED AGREES WITH SAID 13A 1. In the °vont. Ihai the night depository facilities of the bank are used, the use IhereoI 'hail he at the sole risk of the undersi gn eel: the t e the night deposilory shall not. creaIc the relationship of debtor and ereditor N'tIween the Lank and and the undcrsignod: and Ili, bank sha 1 not be considered an insurer of nor be required to carry insurance on said night depository or, on the contents or any bag deposited therein. 2. Nothing;exoept cash, checks. and shililar items which are subsequently to he deposited with the bank by the undersigned will be placed in the night ole pository or dcitya-ed to the bang: in any other, manner, and all such items shall he contained in a securely looped, special bag supplied by the, bath. 3. The key numbered 2)151. l�7 to the Oj_;ht depository, receipt of which lo, the undersigned is hereby aeltnowledgeJ if a key number is entered hereon, will be returned to the bank immediately upon demand: the undersigned will not transfer to, or, permit. the use of the key by, fury other than the undersigned or, his authorized agents, whose signatures appear below and who are hereby appointed for the specific purposes contemplated by this agreement. 'ritlq to the hey remains at all limos in the ba.nit. 4. The undersigned or his agentwill call for and receipt for each bag deposited before the end of the bank's next business day after, the, bag has been placed in the night depository or, otherwise delivered to the bank. 5. The records of the ba.nit indicating the delivery or the lack of delivery of a bag, or the presence iu or, absence from the depository of a bag, shall control and be binding upon the undersi° ved- 6. ']`lie hank malt-, the nigbt depository and other, commercial deposilory .services available to certain of its customers, but not to the public generally: any fee charged by the b;lint for the use of the, said commercial depository servi,es is for the sole purpose of reimbursing the bank for the expense of providing; and maintaining the night and other depository facilities and rendering such service as may be inci- dental thereto, and in no case shall such fee constitute the bank a volunt;u'y public depository for reward or profit. 7. In the event the undersigned docs notwish to use the nightdepository chest, but delivers the bag to the banit in s_omn other manner, such as by employee, messenger, armored car service, or other agent of the undersigned, it is a.,recd that such dclivoty is the sole, responsibility of the under igued, and the bank assumes oo liability or responsibility for the ba", or its contcuts other than is indicated in this twreenielit, and said bag and its conlcnts will Ile dealt with in a manner similar to the night depository procrdlues. THE UNDERSIGNED AGREES TO THE FOREGOING CONDITIONS AND HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT, Authorized Agents: AUTHORIZATION TO PROCESS CO'M'MERCIAL DI> I'OSITORY DEPOSI I S The undersigned ngrer_s, additionally and particularly, to enclose in oaeh ba:.- ;m itemized deposit, ticket, in duplicate, and authorizes the Banit to open such bags and to deposit the contents to the checking acs>urrL of the andreixncd. Thr original deposit lichut is for the Ban It's recorda duplicate is Lo be receiPterl and returned to the undersigned. it is agreed that such action on the part of the Bank vonstitutconstitutesall act of courtesy convenience, and the Bank shall have no responsibility or liability in the event the oonlcnts of ani' Iraq fail to conform to the accompanying delp ticket; the undersigned assumes IuII responsibility for*and risit of any shortage resulting from such discrepancies. Signaturo CORPORATION -ACCOUNT - AUTHORIZATION BE IT ORDERED AND RESOLVED by the Board of Directors of. ----- C t r.. ?i _ i''- lv tIrl-T. . ........... .......... ...... ....... ..........................._....... .........................., a corporation, that the following officers and employees, namely: (1M1'01VVANr—In completing, this resolution indicate inthe blank space below the number of signatures required on each check, etc., or If certain_"mbinations of signatures are required designate them clearly.) `4. .- --. / . r ✓--... -- .... ... ---------....._--....... •..... ............... _.... -- .... ..... i orany one designated by----- --- -. ...... ......------ ......... ........ ___ ........................... .......... I ............ ---------- - (Strike out this proviso if not desired) shall be and are hereby authorized for and in behalf of said corporation and in its name to: (1) Deposit all or any part of the moneys and funds of said corporation in its corporate name with The First Security anis at its banking offices at' 1 .r.? I' 'to in one or more commercial or checking accounts, or one or more savings accounts, or both and/or in any other class or form of account or deposit, including certificates of deposit and cashier's checks, all on such terms and conditions as the person making the deposit may agree with said bank. (2) To assign, endorse and/or guarantee, in writing or by stamp or otherwise; and on such terms and con- ditions as the person so acting may agree with said bank, all checks, drafts, bills of exchange, certificates of deposit, cashier's checks, and other orders for the payment of money, payable to or belonging to the corpora- tion, and to deliver the same to said bank for deposit as aforesaid, or for collection, negotiation, or in exchange for money and said bank is authorized and directed to accept all instruments so assigned, endorsed or guaranteed. (3) To sign checks and orders for the payment of money withdrawing funds so deposited, and that said Bank shall be and it is hereby authorized to honor and pay any checks so drawn, when so signed, whether such checks be payable to the order of the officer signing them, or any of the officers of this corporation in their individual capacities, or not, and whether they are deposited to the individual credit of the officer signing them, or to the individual credit of any of the officers of this corporation, or not. BE IT FURTHER ORDERED AND RESOLVED, That this resolution remain in full force and effect until notice in writing is given said bank to the contrary, and that the Secretary of said corporation certify to said batik under his hand and the seal of the corporation, the foregoing resolution as evidence of the authority herein granted, and to the fact that there are no provisions of the articles of incorporation or by-laws conflict- ing herewith. STATE OF ----- -.--- Idaho ss. County of ---- Madis.cin.------ _................ 1 HEREBY CERT'IF'Y, That I am the Secretary off 1? e 1`:arF --------------------------...-------•----- -----....., a corporation-. that the above and foregoing is it full, true and correct copy of a resolution duly and regularly adopted by the vote of a majority or more of the directors of said corporation at a meeting of the Board of Directors of said corporation duly and regularly called, noticed and held at the corporation office at ------- --- ._.. _t l tlr r TGci�1p-- - ------ .................. ------------_---.----------...-ori a� - - - - - cnectim, a tluorum was present and acting, and I was present and acted as Secretary. That there is no provision in the articles of incorporation or the by-laws of said corporation conflicting with said resolution, and that the said resolution has not been niodified or revoked and still remains in full force and effect. 1N WITNESS NK/HFREOF, I have hereunto set my ]land and the seal of said corporation this ...................... day of--- _.Sept - 19...8.0... ( CORPORATE SEAL) ................-............. _-------•----- Secretary. 13 3. Aug. 26,1980 This petition is for a variance in allowing the use of John Morford at 232 W. 3rd. S. in Rexburg, to be left where it is. The city has stated that it does not matter to them as long as the neighbors within 300 ft. are in agreement. The house can then be finished as an art gallery and studio for the outlet of fine art work. NAME ADDRESS YES NO P / 1 ORDINANCE NO. 626 AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 24 FOR REXBURG, IDAHO, FOR THE PURPOSE OF CAUSING CERTAIN STREETS AND ALLEYS AND PARTS THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY, TO BE GRADED, RE -GRADED, GRAVELE PAVED, RE -PAVED AND OTHERWISE IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT CURBS, GUTTERS, DRAINAGE FACILITIES, SEWERS, AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS ALONG SAID STREETS. Thereupon it was moved by Jim Morris and seconded by Councilwoman Darlene Blackburn that the rule regarding ordinances of a general and permanent nature to be fully and distinctly read on three different days be dispensed with and that said Ordinance be numbered 626 and be passed and adopted as read. Thereupon the roll was called and all council members on being individually polled, voted "aye". RE: I RESOLUTION PERTAINING TO REQUIRED SIGNATURES TO DRAW CHECKS A Resolution pertaining to the required signatures to draw checks upon the City's accounts in the First Security Bank of Idaho, Rexburg, Idaho, was introduced by Norris Reese who moved its adoption. It was seconded by Darlene Blackburn and upon the poll of the individual members, all voted "aye". That a copy of such resolution is attached to these minutes. POLICE WORKING ON HALLOWEEN PROBLEM FOR THIS YEAR Jim Morris stated that the police department was working on plans to handle the Halloween problem this year. The matter was discussed. He also recommended that the alley North of the City Hall and between Center Street and North 1st East, and the alley back of Johnson Drug between College Avenue and South lst East Street be made one-way alleys for motor vehicle traffic. He recommended that the alley North of Main Street have its entrance on North 1st East and that the alley on the South of Main Street have its entrance on the west on Center Street going East. The matter was discussed and it was decided that further investigation should be made. SOME 'NO PARKING' SIGNS TO BE REMOVED It was moved by Jim Morris that the 'no parking' signs on 3rd West between 2nd and 3rd North and 3rd North between 3rd and 4th West be removed as the traffic on these streets does not warrant the elimination of parking. It was seconded by Norris Reese and unanimously carried. r` -TATER METERS AT THE HOSPITAL Norris Reese stated that it was his understanding that there were four one inch water meters for the hospital and that one meter of adequate size would be sufficient. The matter was discussed. It was moved by Mr. Reese, seconded by Darlene Blackburn and unanimously carried, that the pipe be brought together and one four inch meter be installed. That the City would put in the pipe and the hospital would pay for the meter. IRE: A PRIVATE OFFICE FOR THE CITY TREASURER The matter of providing a private office for the city Treasurer was discussed. It was moved by Darlene Blackburn and seconded by Jim Morris and unanimously carried, that the City Treasurer be given a private office in the City Hall Building. IRE: BILLS The bills were read and discussed. Mr. Larsen stated that he had some question pertaining to the power bill submitted by the Utah Power & Light Company and wanted to check it out. It was moved by Sander Larson, seconded by Darlene Blackburn and unanimously approved, that all the bills be paid with the exception of the Utah Power and Light Bill, which was REJto be held for further investigation. ADJOURNMENT On motion duly made, seconded and carried, the meeting adjourned. May John C. Porter City Clerk Rose B le i