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HomeMy WebLinkAbout1981.01.07 CITY COUNCIL MINUTESMINUTES OF CITY COUNCIL MEETING January 7, 1981 State of Idaho) County of Madison(SS City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held January 7, 1981, at the City Hall. Present were the following: Mayor: John C. Porter Councilman: Sander Larson Jim Morris Norris Reese Darlene Blackburn Morgan Garner Nile Boyle Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, City Treasurer RE: ALONZO JANSON TO PUT TRAILER IN BACK OF HIS HOME TEMPORARILY Mayor Porter said that Alonzo Janson had requested to put a trailer in back of his• home temporarily. He has a trailer that had been parked in the trailer park in back of his property to repair it. No one would live in the trailer, and he would move it as soon as he finished repairing it. A motion was made by Morgan Garner and seconded by Jim Morris to give Mr. Janson permission to move the trailer to his property for six months for the purpose of repairing it. All Aye. RE: DEAN HOLLIST AT THE MEETING TO HAVE DOWNTOWN MERCHANTS PARKING EXPLAINED Dean Hollist was at the meeting, he ask to have the downtown merchants parking explained and said that he would like to participate. Mayor Porter explained that the city had funds from the Federal Government in the amount of $450,000 which was used to buy property. The City will have to match the federal money with $150,000 which will be raised from an LID for Parking. Mr. Hollist was told that he would be included in the LID and would be in Zone 3 of the Parking LID. He was assured that a Public Hearing would be held. He told the council that he had purchased property for parking across the street from his station. Nile Boyle told him that, that would lower his LID. Mr. Hollist was concerned about the striping in front of his business. Since the State had made that a four lane highway and painted it, people don't like to turn into his business because there is a double line in front of his station. He complained that there was still parking in front of Rigby and Thatcher's office. Mayor Porter said that there should be no parking clear to the corner. Jim Morris said that he would talk to Blair Siepert and have him talk to the State HighwayrDepartment to see if they could do something about it. RE: MAYOR READ A REQUEST FROM KEN & DONNA BENFIELD TO ABANDON A STREET IN MILLHOLLOW Mayor Porter read a request from Ken and Donna Benfield to abandon a street that has never been developed by the developer of the Millhollow Subdivision, the platted road lies immediately adjacent to and on the North side of property in the Millhollow Subdivision owned by Mr. and Mrs. Benfield. The road is a 16 foot street. A petition was attached to the request. (copy attached) Nile Boyle recommended that the request and petition be turned over to the Planning and Zoning Board for their recommendation. RE: AUDIT REPORT Joe Call of Rudd, DaBell & Hill was at the council meeting to present the Audit Report. (Copy on file at)City Hall) A motion was made by Sander Larson and seconded by Morgan Garner to except the audit as presented. All Aye. RE: REPRESENTATIVE FROM STARLTNE EQUIPMENT OF IDAHO FALLS - BID FOR SEWER CLEANING TRUCK A representative from Starlene Equipment of Idaho Falls was at the meeting to ask about awarding the bid for the sewer cleaning truck. Starline Equipment Company was the apparent low bidder. Earl Kemp said that he would recommend that the council award this bid to Starl:ene Equipment conditional that EPA approve the bid. A motion was made by Nile Boyle and seconded by Jim Morris to award this bid conditional on approval of EPA. All Aye. RE: EARL KEMP REPORTED ON BID OPENING FOR CONSTRUCTION OF SEWAGE TREATMENT PLANT IMPROVEMENTS Earl Kemp reported on the bid opening for the construction of the sewage treat- ment plant improvements, sewage line from Rexburg to Sugar City, lift stations and outfall lines to Rexburg Irrigation Canal, and vacum truck for cleaning of sewage structures. Apparent low bidders were as follows: Schedule I Earth Work At Lagoons - Clegg Construction of Provo, Utah for $993,463. Schedule 1-A - Deductive Alternate for $50,000. Schedule 2- for building construction to Zollinger Construction for $739,357 Schedule 3 - for aeration system to Washington Mechanical of Seattle for $800,080 Schedule 4 - for pipework (including an interceptor line to Sugar City) to Whittiker Construction of Brigham City for $589,720.30. Schedule 5 - for sewer cleaning truck to Starline Equipment for $87,274. Earl Kemp said that the bids are about 8% higher than the engineers estimate, making the city's share about $29,000 over the amount bonded for this project by the City. He suggested that there are some areas in the bids that we could change to cut the costs. He suggested that we could raise the users fees two months early to raise the additional money. Mayor Porter suggested that we go ahead and get EPA approval on the bids and then look for ways to trim the costs. A motion was made by Norris Reese and seconded by Jim Morris to award the bids contingent upon EPA approval and Mary Smith reviewing the contracts. All Aye. RE: DISCUSSION ON LETTER RECIEVED FROM HAROLD NIELSON CONCERNING LID A discussion on the letter received from Harold Nielson (copy attached) concerning his LID. Mayor Porter said that if we don't charge him we will have to refund the money to everyone on that street. His assessment is locked in the LID and he will have to pay. Morgan Garner said that he will get a lot of benefit out of the paving in the long run. Norris Reese said that after looking at the situation he feels that he is in the LID to stay and should pay his fair share in all fair- ness to the neighbors in that area. It would give him some building lots. The council agreed that his LID should remain as it is. RE: BILLS A motion was made by Morgan Garner to pay the bills, seconded by Nile Boyle. All Aye. RE: ADJOURN A motion was made by Darlene Blackburn to adjourn, Seconded by Jim Morris. All Aye. 0, z �, C , cl, Mayor John C. Porter City Clerk ose gIey S,</1 HID SUMMARY SHEET T'T T T[l Tia• ..�1 �t.Vl{.VL Q4 MVi H -K Contractors VVLLVbaMiV i '.. �, rf 3t? L/.VVL�V v i ii - iii 0-3 a a o Y. ,, % LVlA 11V {... �, e Whitaker Construction Valley Utilities -- Mitchell Construction Christensen & Griffiths Phil Morrow Construction 4- ,.- ° --� Burggraf Construction / S� y(/0, a �® 100 � 00 Oce 21 3 _ Clegg_ Construction Zollinger Construction Hood Construction Brennan Construction Joe Campbell Const. Clark Brothers Const. 1914/2 Mann ConstructionVero Leon Poulsen Const. Tony Russell Const.5-��� Tap Construction John Redmond Const. Ellsworth Construction Eagle Rock Construction Doug Hampton `1 _- s �. LAW OFFICES RIGBY.'THATCHF.R, ANDD -US, BARTON & WALTERS, ICU.� • 25 NORTH SECOND EAST - P. O. BOX 250 - REXBURG. IDAHO 8344.0 RAY W. RIGBY - GORDON S. THATCHER - G. RICH ANDRUS BFUICK H. BARTON - W. JI;F REN' WALTERS - ,JI RRI' R. RIGBY TEI.EPI-IONE (208) 356-3(133 January 2, 1981 Rexburg City Clerk 12 North Center Rexburg, Idaho 83440 Dear Clerk: Enclosed herewith is a Petition to Vacate Road. Could you please set up a date for the Public Hearing and then inform us so that we may send the Notices required by law to the various people who are involved. Thank you very much. Breck H. Barton kss Enc. it PETITION TO VACATE ROAD KEN BENFIELD and DONNA BENFIELD, husband and wife, hereby petition the Rexburg City Counsel pursuant to Section 50-1306A Idaho Code to vacate a platted street more particu- larly described below. The particular circumstances concerning this request` to vacate are that the platted road has never been developed by the developer of the Millhollow Subdivision to the City of Rexburg. The platted road lies immediately adjacent to and on the North side of property and a home in Millhollow Subdivision owned by Mr. and Mrs. Benfield. In order for the Benfields to obtain access to their garage, it is necessary for them to traverse a weedy unimproved area of land over which a portion of the below described platted road is situated, which ground is rocky, bumpy, and unsightly. It is further necessary for the Benfields to drive their vehicles over a high curb fronting on Millhollow Road in order to obtain access to their garage. , The Benfields desirethatthe below described platted road, which has never been developed, be vacated, thereby al- lowing them to claim ownership to said vacated property and thereby allowing them to improve the same by establishing a proper driveway to their home and garage and by establishing a proper low curb on Millhollow Road adjacent to the point where, said driveway would intersect the same. The description of the platted and undeveloped road sought to be vacated is a follows: Beginning at a point that is South 0 degrees 8' 0 East, 1508.34 feet along the quarter Section line from the Northwest corner of the Northeast one-quarter of Section 29, Township 6 North, Range 40 East Boise Meridian, Madison County, Idaho, thence North 72 degrees 51' 23" East 30 feet to the true point of beginning; thence North 72 degrees 51' 23" East 90 feet; thence South 17 degrees 8' 37" East 16 feet; thence South 72 degrees 51' 23" West 90 feet; thence North 17 degrees 8' 37" West 16 feet to the true point of beginning. v The names and addresses of the persons affected there- w by owning property within 300 feet of the land sought tobe vacated are as follows: Name Address 1. Del Palmer Route 4 Box 1 Rexburg, Idaho 83440 2. Helen & Maxine Lamprecht 261 Ricks Avenue Rexburg, Idaho 83440 3. Arvel Brown 191 Millhollow Drive Rexburg, Idaho 83440 4. Roger Porter 175 South Millhollow Drive Rexburg, Idaho 83440 1 9, 5. Maurice Sipherd 645 East Sammamish Road South Redman, Washington 98052 6. Jay Willmore 227 Millhollow Drive Rexburg, Idaho 83440 7. Stephen P. Dolan 239 Millhollow Drive Rexburg, Idaho 83440 8. H..Jack Randall 216 Mohawk Avenue Rexburg, Idaho 83440 Mr. and Mrs. Benfield request that the Rexburg City Counsel establish a day and time for a Public Hearing on the f petition to vacate the above described property; that notice of the hearing be published in the Rexburg Standard & Journal for two successive weeks with the last publication of the Notice of Hearing being at least seven days before said hearing; and that the above described people be given written notice, certified mail, return receipt requested, of this petition and of the hearing on this petition, with said notice to be made at least ten days prior to said hearing. DATED This ^ day of r 11,(ze ' , , 1981. Breck H. Barton of RIGBY, THATCHER, ANDRUS, BARTON & WALTERS, Chartered Attorneys for Ken & Donna Benfield. PETITION TO VACATE ROAD Page 2 Honorable Mayor City of Rexburg Dear Mr. Porter: December 30, 1980 I didn't sleep well last night because of our misunderstanding and be- cause of other things that were said during the city council meeting last night. So that I might "clear the air" a little, I would like to put in writing some of my feelings for you to consider. In trying to justify your statement that I said I would pay approx- imately $2200-$2500 for putting in the road, I meant it to be the total cost. I wasn't aware that you were considering it apart and in addition to the curs and gutter. Perhaps what led me to think that way was when I came to your office the day after I was propositioned to give the city some land for whic" they would put in the paving in front of my street. I notified you that the deal was off as I felt it was definitely an unfair bargain. I even said that P if I had to pay for the paving we would just leave things as they were, but iF and when the city wants to pave the road I would be glad to pay for the curh and gutter, then you assured me that I was not to be alarmed or concerned as there was some additional monies available and you felt that the city coule take care of the paving. I definitely left your office with that under- standing. So all this time I had been expecting about a $2200 assessment and not double that amount. As to my taxes not being enough to pay for the road, I don't suppose any one person's tax would, but when all the citizens of a community contri- bute, then eventually roads can be built and repaired where needed. My contribution to the L.D.S. Building fund would never build me a churchhouse, but when all the members of a stake contribute, eventually enough money is obtained to build a chapel where needed. I have been waiting for 23 years for such a building project to come my way - for it to be my turn. If you will reread the letter I submitted to you and to the council last night, my only objection was to the unfairness on the part that all are not treated alike. On 'a previous L.I.D. I was told that an "ordinance" prohibited the ci+,, from paving the streets outside of its original boundaries. Last night I was told that it was not an ordinance but just a "policy". If that be the case, then, I would ask you and the city council to reconsider in my behalf and be consistent in your policy in this particular L.I.O. #24. The only reason that I was. given last night as to why I should pay (while for example the Jeppesseiis and Hunzikers do not) is that I live on a dead end street. I couldn't see '} the justification of that last night and I still do not. I was willing to stop the useless argument last night between you and 1 by agreeing to pay as I was embarrassed to be a part of such and unjust and ris- quoted discussion. I am sorry for our misunderstandings but I was honestly led to believe by you, Mr. Mayor, that I would not have to pay for the pavin,-. The only recourse I have now is to send to you this letter and ask you to let your conscience guide you in a reconsideration and/or in letting your council help make the decision. I think that would be the democratic way to do it. I feel that the discussion last night was just between you and I and — that.the council members were not given a chance to be heard. I therefore petition the city council to have the city pay for the paving that I have been previously assessed to pay. (At least show some leniency for,our mutu- al misunderstanding.) Yours truly: Harold K. Nielsen 359 South 4th blest Copies sent to members of city council. HKN/rb Honorable Mayor and City Councilmen: December 16, 1980 This letter is for the purpose of registering my protest to the L.I.D. No.24 assessment. I received notice, many weeks after the project was started, that my assessment was %4,47-5.40_; according to my calculation it should have been $2,212.00 . When this L.I.D. was instigated, I agreed to pay for curb and gutter only. In the beginning I was notified by the city engineers that the price would not be over %7.00 per foot. Because only 316 feet of curb was laid, the assessment should then be %7X316 or $2,212. A visit to the city engineer yesterday disclosed that the difference in the two amounts was due to my being assessed for part of the paving. As you will recall, I objected once before to paying for the paving of the road, as I thought it unjust, in that the "ordinance" was passed many years after the city accepted the street I live on .as a street and incorporated it into the city. It is not an "add- ition" in the sense for which the intent of the ordinance was estab- lished. I am aware that my place has a title of "Klingler Addition" but that entire addition also includes 5th West, south of the high- way, and 1/2 block north including 112 block of 4th West, north of the highway. The 5th West property owners have had their street paved and curbed. They did Not pay for the paving; they only paid for the curb. (Regardless of who paved it). Fourth West, north of the high- way, also in the Klingler Addition, was oiled by the city several (aver) years ago at no expense to the property owners while the southern end of the street that I have lived on for 23 years has been a dusty road. Nov the city is paving the northern part of the Klingler addition, again, at no expense to the property owners. So why do I pay? You see, it is the principle of the unfairness that I am objecting to. I want to go on record as being willing to pay as other tax paying citizens have done who live on city streets. Streets that have been in existence for over 70 years. I'live on such a street. It was my understanding in a personal interview with the Mayor when I discussed this L.I.D. with him that I would only have to pay for the curb. It was upon his word that I did not protest at the start. I will be present at the hearing on 29, December, 1980 to present my case.