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HomeMy WebLinkAbout1983.12.07 CITY COUNCIL MINUTESHe checked everything. He said that that building could be replaced the way it was for $196,200 if the construction was done during the summer when the cost wasn't so high. He pointed out things that Heyrend Construction had put down that they couldn't do. He said using the rafters like they have now they don't need the bearing wall. Charles Zollinger gave the Mayor a letter stating that they could not save the bearing wall. P~ayor Porter said when they meet with Jerry Hanson, the adjustor, he would be inclined if they would agree to settle for $196,200 to settle. That is about $7000 more than they agreed to before. Sander and Morgan felt the same. The mayor said then we could put that money in savings and draw interest and get enough to pay the rent on this building. i Sander Larson said after we settle, then we can decide what way to go and take the time we need to decide. The mayor said after talking to Dick Davis, he felt we should go back to the old location and rebuild. Sander Larson said we could rearrange everything in the building without the bearing wall and have a better building. Dick Davis would build everything up to code. He suggested that the one wall i.n the basement be knocked out and steel beams be put across to make a bigger room. He thought we could use the south wall. He didn't think anything that was torn down was worth keeping. The committee felt that if the adjustor would settle for $196,200, we should settle. MINUTES OF THE CITY COUNCIL MEETING December 7, 1983 1 i~l STATE OF Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held December 7, 1983, at the City Hall. Present were the following: Mayor: John C. Porter RE: APPROVAL OF MINUTES Councilman: Sander Larson Nile Boyle Morgan Garner Jim Morris Glen Pond Also Present: Rose Bagley, City Clerk Richard Horner, Treasurer A motion was mady by Sander Larson and seconded by Darlene Blackburn to approve the minutes. All Aye. RE: VISITORS A journalism class from Ricks College was present at the meeting. RE: BEER LICENSES Mayor Porter read the Beer Licenses for approval. P.O.D.'s for sale of beer to be consumed on the premises, license fees for this are $200. A motion was made by Darlene Blackburn and seconded by Jim Morris to approve this license. All Aye. High Country Inc. for sale of beer to be consumed on the premises. A motion was made by Jim Morris and seconded by Glen Pond. All Aye. For sale of beer not to be consumed on the premises: Circle K Horkley's Skaggs A motion was made by Nile Boyle and seconded by Darlene Blackburn to approve these beer licenses. All Aye. RE: HOLIDAY THEATRE Jim DeMordaunt was at the council. He had made arrangements to go before the Planning and Zoning to make this presentation, however, had met with them once before. Chuck Frost had called the mayor and told him that he would like him to just present it to the council. Jim presented a plan for an additional auditorium to be added to the Holiday Theatre. The concern he had was about the parking. They were on the LID for the parking lots. The ordinance requires 1 parking place for every 4 seats. !nlith the new proposal we would be talking about 70 parking places. Inasmuch as their business if off hours, a nighttime business, they would like to use the three parking lots next to his business. This would be less than half of the parking places in the parking lots. He said they were going to take the current auditorium and make a twin out of that by dividing it. They would have 3 screens. The council felt that there would be no problem on the parking since they were on the LID. A motion was made by Nile Boyle and seconded by Jim Morris to approve the plan for the addition. All Aye. The mayor told Jim that Chuck Frost had mentioned that Jim might give the city some property to widen the alley. Jim said he would be glad to do that. RE: 'SNO~nI REMOVAL P•1ayor Porter told the council that he thought they were doing a good job on the snow removal. Glen Pond suggested that maybe something could be done different on 2nd East. They could possibly do it like they do on Main Street and put the snow in the middle of the road. He said the snow is on the sidewalks and the children going to school have no place to walk. Morgan Garner said it would be expensive to pile it in the middle of the street. Morgan Garner said he would check with Farrell and see if there was something they could do. Mayor Porter referred to ordinance #283 requiring businesses to keep the snow removed from the sidewalks. The ordinance states that the police should check these sidewalks and report violations to the mayor. RE: BUILDING REPORT Mayor Porter handed out copies of the building report for November. RE: CLAIM FROM REXBURG FLORAL Playor Porter presented to the council a claim from Rexburg Floral. About 3 weeks ago when we had a rain and it flooded, Rexburg Floral had the sewer backed up in the basement about 4". It happened over a weekend. On Monday morning they notified the city when they went back to work. By the time the city got the manhole cover off, whatever had caused the backup had broken loose. Then they flushed the line out, By that time, it had ruined quite a bit of merchandise, and they had alot of cleaning to do. The insurance company had turned the claim down. They claim that when they took the manhole cover off, the stoppage had broken loose. Even though the stoppage had broken loose they assumed it was in the building, but Rexburg Floral had been closed all weekend, and it would have been impossible for their line to have been blocked. The mayor said he thought we should direct it back to the insurance company for further study. Mayor referred to a handout on a courtcase about sewer backup (copy attached.) DeLynn and the workers said it was a blockage in the main line. The council authorized the mayor to return it to the insurance company with the recommendation that they review it again. They felt there was a liability on our part for the damage. RE: URBAN FUND ACCOUNT Clint Kingsford from Forsgren Perkins was at the council meeting. The mayor explained to the council that we received a letter stating we have $859,000 in what is know as our Urban Fund Account. There is a new program that the roads that are in the urban system, we get money to improve them. He said he and Morgan Garner had met with Clint Kingsford and Jim Keller this afternoon and had gone over a program to improve 2nd East from M.a<in Street to Erickson Dugway. Clint Kingsford presented it to the. council, giving each member of the council a handout on costs (copy attached). They will find 95%. There would have to be some trees moved. He said the first block on 2nd East is in good shape. It would need to be started on the second block. They would essentially reconstruct it. There were 2 alternatives; #1 would be approximately a 56' street. It would give you a 12' lane down the center and. two through lanes. #2 would be 4 lanes and two could be used for parking. #1 would put the curb back to the side- walk, some of the curb and gutter is really old and needs to be fixed. The estimate has included the sidewalks. The engineers fee would be 10%. The .council felt that this street needed fixing more than any street in the city. The total project would be $1,518,000 and the 95% aid would be $1,442.000. The city share would be $76,000, City-Councy-In-Kind Work $32,000, and it would leave $44,000 to come out of the general fund or to be put on an LID. It could be budgeted over a 3 to 5 year period. Clint said it would take 1 - 12 years to develop the project. h1ayor Porter said it 1 FORSGREN-PERKINS ENGINEERING,. p.a• CITY OF REXBURG FEDERAL AID FUNDING CONSTRUCTION - 2nd EAST STREET I. PROPOSED PROJECT Section #1 (1st So. - 3rd So.) Section #2 (3rd So. - 7th So.) Section #3 (7th So. - 14th So.) Drainage TOTAL PROJECT FEDERAL AID (95%) - $340,000 - 268,000 - 576,000 - 334,000 $1,518,000 "~~ . ~ 1,442,000 CITY SHARE $76,000 II. FUNDING City-County In-Kind Work $32,000 Other Funding 44,000* GENERAL FUND L.I.D. *Save this amount. over next 3-5 years. 350 NORTH 200 EAST REXBURG, IDAHO 83440 (208)358-9201 Rexburg • Idaho Falls • Pocatelb • Preston • Logan • Sall Lake City • Wenatchee ~'' c J. McWhorter v. Cit of New Sm rna Beach Utilities .x~y Comm. , 400 So. F a• AAp• 981 ~ >,; ~ . ._ Tort Liability -- Sewer Backup. - ~- T {. i - Where municipality required homeowners to convert thei,r_ .° °'~~ sewer to the city system, city impliedly agrees to avoid ~~ sewage backups, and negligence-on part 'of city wou d be ~ f inferred where backup occurred, causnc- damage o ~ ~~~~~w_ ar homeowners. ~' `~_ K. Peacock v. Geor is Munici al Ass'n., Inc., 2:79 .hti. S.E. 2d 434 Ga, 81 ,.,,, Y -,: ~~, ., _ Ilse of Local Tax Money fgr Lcabbying Upheld. , ~ }.- ~~ , Local: tax monies may `be appropriated by a 1QCa1 government to fund activities designed to ~nfarm and influence the state-legislature. uses invalidating the use - _ of public funds to influence the citizens and voters of the - samepalitcal`subdivison were distinguished. ~ Robinson Townshi v. `Knoll,"410 Mich. a93 342 N.~J.2d 1.4.:6. 81 _ ~,. Zonin -- Restrictn Mobile Homes to Mobile Home Parks r Only Uncanst~.tut ono ~~~ .r. ~ Per se exclusion under zoning 'ordinance ~f mobile homes from all areas- not ;designated ats mbbile hams parks had. no ~, reasonable basis under poice'_pawer and was therefore` unconstitutional..'- But municipality need not permit all mobile homes, regardless -of -size, appearance, and quality, to be placed a,n all residential neighborhoods. ~, V.' LEGAL NOTES Re uirin Public Im rovements -- Standards for Determinat~.an -~- Ta ng In Bethlehem Evan elical Lutheran Church v. Cit of Lakewood, `6 o `©. , upreime oust of Colorado recently dealt with the quest~i.on of the reasonableness- ar~d constitutionality of an ordinance requiring, the developer of prQgerty to pay the cost o public ` ~.mpravements neesssi:tated by that :;developntsnt .including `the questio9~ Qf whetAer sufficisz~~~;~tandards were set forth in t~hc ordinance fp,r the appli,ca#~~''admini.strat~.ve body . to d~ci,d~ ghat improvements wou~.d- .;'~~c+equired In spite of thy;; surpxa~simgi~t `vague ~ro~cdinq,~~Y those ~ standards, the Colax~ado ,~upre ,kart ' ~tphe7.d th® ~~ in all res sets . ~ , .- ~ ,,.... ~. F ~ 8 ~~ CITY ~~ ~ ~ ~ PHONE 356-9331 12 NORTH CENTER ST. REXBURG. IDAHO 83.440 JOHN C. PORTER MAYOR ROSE BAGLE Y, CLERK .RICHARD HORNER. TREASURER December 8, 1983 Archibald Insurance 117 West Main, Rexburg, Idaho 83440 Dear Lynn: I am enclosing the claim for damages submitted to the city by Rexburg Floral. I understand that t3AB Business Services have ruled that the city is not liable for this damage claim but we feel that it should be reviewed again. Following a discussion by the Council Wednesday night it was the feeling of the Council that the sewer stoppage that caused the damage was in the main line. This is also the belief of the water department employees who investigated the incident. The back up that caused the flooding oeurred over the weekend when the floral shop was closed. It was on a Monday morning that the damage was discovered. During the weekend the floral shop. drains were not being used and could not have clogged and caused the back up. It was too extensive and in much higher volume than is ever generated by the floral shop use. I am enclosing a court decision regarding sewer back up damage that may be of interest to the claim investigater. I aua sure that if some settlement is not reached the city will be sued and the court will be called upon to settle the claim. Hopefully this can be avoided. Si rel ~• n .Porter, Mayor } ('1 would give us a chance to put a good road and curb and gutter through AMR property and put it on an LID. An LID would not be put on the property where there is already curb, gutter, and sidewalk. A motion was made by Nile Boyle and seconded by Morgan Garner to authorize the Engineers to immediately start planning the project. All Aye. RE: INSURANCE COMPANY SETTLEMENT Mayor Porter reported that he had made an offer to the insurance company to settle our claim for $200,000, but had not heard from the adjustor yet. RE: APPROVE BILLS A motion was made by Morgan Garner and seconded by Sander Larson to approve the bills. All Aye. RE: ADJOURNMENT A motion was made by Sander Larson and seconded by Morgan Garner to adjourn. All Aye. 7 M or n C. Porter City C erk Rose gle MINUTES OF THE CITY COUNCIL MEETING December 21, 1983 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held December 21, 1983, at the City Hall. Present were the following: Mayor: John C. Porter Councilman: Jim Morris Nile Boyle Glen Pond ~lorgan Garner Sander Larson Councilwoman: Darlene Blackburn Also Present: Rose Bagley, City Clerk Richard Horner, Treasurer RE: APPROVAL OF MINUTES A motion was made by Darlene Blackburn and seconded by Morgan Garner to approve the minutes. All Aye. RE: BEER LICENSES Mayor Porter read. beer licenses for beer to be sold but not consumed on the premises. Hollist Service Albertson's Food Center V-1 Gas and Grocery Maverik A motion was made by Jim Morris and seconded by Glen Pond to approve these licenses. All Aye. RE: INSURANCE COMPANY Mayor Porter told the council we still have not received any word from the insurance company. We had told them we would accept $200,000. The adjustor said it had been sent into the insurance company and had also added some for architecture.