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HomeMy WebLinkAbout1981.03.11 CITY COUNCIL MINUTESRE: BILLS A motion was made by Morgan Garner and seconded by Jim Morris to approve the bills. All Aye. RE: ADJOURN A motion was made by Sander Larson and seconded by Darlene Blackburn to adjourn. All Aye. arz, C_ .-Qrh? Mayor John C. Porter City Clerk ose Bagley. MINUTES OF PUBLIC HEARING LID # 25 March 11, 1981 A meeting of the City Council for a Public Hearing for LID 25, for the City of Rexburg, Madison County, held March 11, 1981, at the City Hall. President of City Council Presiding: Nile Boyle Others Present: Councilman: Councilwoman City Attorney: City Clerk: Legal Minutes to be kept by City Attorney, Mary Smith. RE: LID # 25 EXPLAINED Norris Reese Jim Morris Morgan Garner Darlene Blackburn Mary Smith Rose Bagley Nile Boyle explained LID #25 for the Downtown Parking Lots. After the Teton Dam Flood, Boeing Corporation of Seattle did a study and made recomm- endations to the Federal Government ways to put Rexburg on its feet again. Parking was one of the five or six things that was not funded. Later the funds for these things became available under TEDRO funds. The one stipula- tion was that we would have to have an audit after the project is finished. RE: STUDY DONE BY ARCHITECT FROM SALT LAKE East Central Idaho Planning Association contacted Kevin Watts, an= architect from Salt Lake, who did a study on the downtown area. He came up with ten proposed areas for parking lots. We were only able to buy six lots. Three zones were established according to the distance the business is from the parking lots, the amount of parking that the business already has, and the square footage of the business space, and the number of employees each bus- iness has. These were divided into three districts, Zone 1, Zone 2, and Zone 3. Zone 1 would be 69%, Zone 2 - 28.7%, and Zone 3 - 2.3%. The bases of the Planning and Zoning Ordinances was used as a bases for figuring the parking. All Businesses would be helped by the parking. It would make the property more valuable. Even property that is vacant, will be figured on a percentage. It the lot is big enough to enable a lot to have a business built and still have enough parking they will pay 20% on the parking, if they would not have enough parking after the business was built they would be charged on a 80% basis. RE: DALE WINN REPRESENTING MADISON COOP Dale Winn representing Madison Coop ask if it had been taken into considera- tion any future plans that a business might have. Madison Coop plan to tear down the building behind their store and would have more parking at that time. Nile Boyle told them that he would be contacted by the engineers and they would take that into consideration. RE: VAR MANWARING ASKED ABOUT AVAILABILITY OF INFORMATION Var Manwaring ask if the information that was put into the formula for the assessments was available. Nile Boyle told him that he could check on it with the engineer or Mary Ann Mounts, the planner, at any time. RE: KIM MILLER FROM THE RACQUETBALL CLUB Kim Miller from the Racquetball Club ask if the parking was figured different for full time employees as opposed to part time employees. Mary Ann Mounts told him they were figured the same. RE: DEAN HAYMOND FROM SEW CIETY FABRICS Dean Haymond, representing Sew Ciety Fabrics, stated that some businessess will benifit more than others, and ask how the businesses were measured for the parking. They are measured by square footage and by the distance the business is from the parking lots. RE: BRENT BRATSMAN FROM BRENTS LAWN & LEASURE Brent Bratsman said that they had had an open house and there had been adequate parking. He was told that the parking lots would increase the value of the business property. RE: BRYAN BELL FROM REXBURG BLACKSMITH Bryan Bell representing Rexburg Blacksmith told the council that he had adequate parking for his business. He was told that his property was in Zone III, and would have a small assessment. RE: TEDRO MONEY Nile Boyle told the group that the City still have enough TEDRO money to do two more parking lots and possibi_ly will still have enough for one other one. RE: DOUG SMITH Doug Smith complimented the City Council on the parking lots. He said that it was a great improvement to the city. RE: JIM MORRIS Jim Morris told the group that if any of them think there is a mistake on their assessment to contact any councilman and they would be glad to go over it with them. Var Manwaring ask about the paving and curb and gutter that was mentioned in the notices that was sent out. Nile Boyle told him that we had to have a broad enough discription to let the city do what they need to after the parking lots were done to repair the streets. If anyone wanted to register a complaint, it needs to be a formal complaint in writing and given to the council before the meeting adjourned. RE: GARTH DEXTER OF FIRST SECURITY BANK Garth Dexter of First Security Bank said that they had a question about the assessment because of their parking lot, but now that he had attended the meeting he understood the assessment. He said that he appreciated the parking lots and the improvement that they would be for Rexburg. RE: INCORRECT PARKING IN PARKING LOTS Var Manwaring ask about the incorrect parking in the parking lots. The lots have been striped for parking and people are not parking correct, and are blocking driveways. Jim Morris said that the police would start issuing tickets. RE: EMPLOYEE PARKING EMPLOYEE PARKING WAS DISCUSSED. Nile Boyle said that the council is taking it under advisement, a study is being made. Jim Morris told the group that the city is trying to furnish parking with the flow of traffic. a RE: PROTESTS: 1. Wayne & Marlenes - a motion was made by Norris Reese to deny the protest, seconded by Darlene Blackburn. All Aye 2. Racquetball Club, 3. Roger Porter, and 4. Valley Bank - a motion was made by Morgan Garner and seconded by Darlene Blackburn to review and refigure these assessments. All Aye. 5. Ross Reese - a motion was made by Darlene Blackburn and seconded by Morgan Garner to recheck his assessment. All Aye. 6. Arthur P. Harris of East Main Square - A motion was made by Norris Reese and seconded by Jim Morris to deny this protest. All Aye. 7. Madison Coop - a motion was made by Norris Reese and seconded by Morgan Garner to review their assessment. All Aye. RE: LID DISTRICT 25 to be FORMED A motion was made by Norris Reese to move that LID District 25 be formed, seconded by Morgan Garner. All Aye. RE: COUNCIL MEETING ON MARCH 18 A motion was made by Norris Reese and seconded by Jim Morris to not have a city council meeting on March 18 because of a lack of a quorum. All Aye. RE: BILLS A motion was made by Jim Morris and seconded by Morgan Garner to pay the bills of March 18, and review them at the next council meeting. All Aye. RE: CITY ATTORNEY READ A CLAIM TO THE CITY City Attorney, Mary Smith, read a claim to the City in the amount of $150,000.00, the claimant being Walter Mark Phillips. A motion was made by Jim Morris and seconded by Morgan Garner to deny the claim. All Aye. RE: ADJOURN A motion was made by Darlene Blackburn to adjourn, seconded by Morgan Garner. All Aye. c( May John C. Porter City Clerk Rose Bagley 7 L X. J. Hoopes, Esq. HOOPES & SMITH Attorneys at Law P.O. Box 70 Rexburg, Idaho 83440 (208) 356-9335 Attorney for Claimant. CLAIM FOR PERSONAL INJURIES TO: CITY COUNCIL CITY OF REXBURG I. GENERAL INFORMATION Your Claimant is Walter Mark Phillips, a single man, whose mailing address is P.O. Box 417, Rexburg, Idaho. II. AMOUNT OF CLAIM This claim is based solely on personal injuries received by Claimant at the hand of a City Police Officer. The total amount of the claim as of this date is $150,000.00. That amount is totaled as follows: Pain & Suffering $25,000.00 Mental Anguish $25,000.00 Punitive Damages $100,000.00 TOTAL $150,000.00 III. INCIDENT RESULTING IN CLAIM During the early morning hours of January 9, 1981, Claimant was arrested by Officer D. Mike Dyer of the Rexburg City Police Department. There was some difficulty in effecting the arrest. However, Claimant was arrested, handcuffed with his hands behind him and transported to the Rexburg City Police Department. Claimant was placed in a very small "holding room with his hands still secured behind him in handcuffs. When in this situation and without sufficient provocation, Officer Dyer sprayed Claimant in the face with mace. CLAIM FOR PERSONAL INJURY 2195a 1 IV. BASIS OF CLAIM Claimant feels that such conduct by the Police 01- icer was _not 'only in violation of fair play and human decency, but violated his constitutional and state rights as provided by the Constitutions of the United States of America and the State of Idaho and the statutory laws of said United States of America and said State of Idaho. V. RIGHT TO AMEND CLAIM Your Claimant reserves the right to amend this claim at such ,time as may be necessary. Respectfully, submitted this 4th day of March, 1981. lter Mark Phillips Claimant STATE OF IDAHO ) :SS. COUNTYOF MADISON) On this 4th day of March, 1981, before me a Notary .� Public in and for said State, personally appeared WALTER MARK PHILLIPS, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. NotAry Public Residing In: Rexburg, Idaho My Commission Expires: 9/20/82 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was on this date served upon the persons named below, at the address set out below their names, by mailing to them a true and correct copy of said document in a properly addressed envelope in the United States mail, postage prepaid. 1 --Jo n Jackson , Secretary Mary Smith HOOPES & SMITH SMITH, HANCOCK'& MOSS P.O. Box 427 Rexburg, Idaho 83440 CLAIM FOR PERSONAL INJURY 2195a 2