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HomeMy WebLinkAbout1985.05.01 CITY COUNCIL MINUTES..~L~ RE: APPROVAL OF BILLS AND ADJOURNMENT A motion was made by Jim Morris to pay the bills, seconded by Glen Pond. All Aye. A motion was made by Jim Morris and seconded by Glen Pond to adjourn. All Aye. Mayor, hn C. Porter e ~? ~' .~~ City Clerk, Rose gle MINUTES OF THE CITY COUNCIL MEETING May 1, 1985 State of Idaho) County of Madison( City of Rexburg) A meetine of the City Council for the City of Rexburg, Madison County, held Play 1, 1985, at the City Hall. Present were the following: Presiding: Nile Boyle, Council Pres. Councilman: Jim Morris Glen Pond Morgan Garner Sander Larson Councilwoman: Darlene Blackburn RE: APPROVAL OF MINUTES A motion was made by Glen Pond and seconded by Jim Morris to approve the minutes. All Aye . RE: Glen Pond made a report on the City Insurance. He said that he and the Mayor and Richard Horner met with Gary Archibald. Gary explained about the insurance industry and the changes that are going on in the insurance business. His recommendation, because of the instability of the insurance market for municipalities, that we would be better off to stay with the carrier that we are -~ith. After the meeting it was brought to their attention that the State of Idaho, had their insurance company not agree to renew their insurance, because of claims they had had against them. In reviewing the City of Rexburg claims, we came to the conclusion that we should stay with the same insurance with Archibald's until 1986. Gary Archibald had written a letter about the insurance. (copy attached) The council agreed. RE: MIA PETERSONS REQUEST FOR HEALTH FOOD BUSINESS AT ~~5 WEST MAIN Glen Pond said there was not enough for a quorum for Planning and Zoning to have a meeting in April, but there was a request that needs to be considered. Mia Peterson was at the meeting to request putting her Health Food Business at 355 West Main. It is right next to Culligan Soft Water, which is zoned commercial. She was asked if she could work out of Culligan, but she did not think she could because there was only room for that business. The council told her they could not act on it until she had gone to the Planning & Zoning for their recommendation. RE: REPORT ON THE 2nd EAST PROJECT Nile Boyle made a report on the 2nd East Project. He said that at the last council when the Mayor was making a report on the traffic pattern check that Artell Chapman made, he made a mistake and said there was 6000 vehicles during those few hours between 7:00 - 9:00 A.M., 11:00 A.M. - l: P.M. - 6:00 P.M. on April 1, 1985, but the total was 2915 during those 6 hours. _' ~ RE: REPORT ON A SURVEY DONE ON THE INTERSECTION OF 3rd EAST AND 3rs SOUTH Sander Larson made a report on a survey done by the Police Department at the Intersection of 3rd East and 3rd South. (copy attached) It was Chief Siepert's recommendation that the intersection should remain signed as is and not as a 4 way stop. Jim Morris recommended that it be left like it is, the Council agreed. RE: REPORT ON HORSE DRAWN TAXI SERVICE Sander Larson read the report on recommendations and suggestions from Chief Blair K. Siepert for the Horse Drawn Taxi Service that Monte Spencer proposed to have in the city. (copy attached) (1) One recommendation was adequate liability insurance, (2) That he be required to stay to the far right of any street, and yield to traffic, (3) Have safety equipment, (4) To clean up streets, Horse and buggy should be safe to operate, Monte Spencer told the Council that he planned to have adequate insurance, $100,000 liability insurance. He would have two rigs with trained drivers. He would have safety equipment. Sander Larson suggested that we let him go ahead with it but stop back at the end of August so the council could review the progress, and problems. He also suggested that the Chief of Police check his equipment. Glen Pond was concerned that if the Chief of Police checked the equipment and okayed it that the city would be liable if there was an accident. Mary Smith told the council that she was sure if there was an accident that the city would be sued, she also questioned if the $100,000 liability insurance would be enough. Sander Larson asked the Clerk or Treasurer to check with Jackson, Wyoming, about the problems they have and the insurance requirement they have with their stage coaches. A motion was made by Sander Larson that we allow Mr. Spencer to pursue the horse drawn taxi with the option to review it at the end of August and that he comply with'the regulations as so outlined by Chief Siepert and that Jackson, Wyoming be contacted about their requirements. Seconded by Jim Morris. Those voting Aye: Jim Morris, Morgan Garner, Sander Larson, Darlene Blackburn. Those Voting Nay: Glen Pond. RE: AIC CONVENTION AT COEUR D'ALENE Nile Boyle told the council about the AIC Convention at Coeur d'Alene on June 12-15, 1985 RE: STREETS THAT NEED OVERLAY Morgan Garner said that there was some streets that need overlay this summer and they were going to do those. RE: CLAIM AGAINST CITY - ZEBRIAN LEE RUSSELL'S MOTHER Nile Boyle read a claim against the City of Rexburg for the death of Zebrian Lee Russell's mother, Cindi Lee Russell, who was fatally injured on December 22, 1984 on the Railroad Track coming in from American Potato, which is not in the city limits. A motion was made by Glen Pond to deny the claim and secon- ded by Darlene Blackburn. All Aye RE: RESOLUTION TO RAISE THE SEWER RATE. Mary Smith read a resolution to raise the sewer rate 25~ per month and 12 times that out side of the city limits, the money to be used for damage done by sewer backup. (copy attached) a motion was made by Morgan Garner and seconded by Darlene Blackburn to approve the resolution. All Aye. It was decided to discuss the minimum and maximum amount to be paid at the next meeting. RE: NEW ZONING MAP Nile Boyle told the council that the new zoning map was done and we were ready to start on the annexations that need to be done. RE: OLD PAMIDA BUILDING Sander Larson said he was concerned about the old Pamida Building that needs to be cleaned up. Other councilman expressed their concern also and ask Mary Smith to write a letter to them. RE: TREES ON TAURUS AND ARIES The council again discussed the trees on Taurus and Aries. Norman Thompson who owns the property with the trees on it said he would be willing to have the trees moved. L~~n RE: COUNTY CLAIM The council discussed the county claim. RE: PAYING THE BILLS A motion was made by Glen Pond and seconded by Sander Larson to approve the bills. All Aye. RE: ADJOURNMENT A motion was made by Jim Morris and seconded by Morgan Garner to adjourn. All Aye. ~. ~~-~~ May ohn C. Porter City Clerk, Rose Ba y MINUTES OF THE CITY COUNCIL MEETING May 15, 1985 State of Idaho( County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held May 15, 1985, at the City Hall. Present were the following: Mayor: John C. Porter Councilman: Jim Morris Nile Boyle Glen Pond Sander Larson Nile Boyle Councilwoman: Darlene Blackburn in I I L~ u RE: READING OF MINUTES A motion was made by Morgan Garner and seconded by Sander Larson to approve the minutes. All Aye. RE: SCOUTS AT THE MEETING Scouts from Troop 215, 249 and 305 was at the meeting. RE: PLANS FOR THE WIDENING AND MODERNIZATION OF SOUTH 2nd EAST STREET The mayor told the council that before the meeting the street committee had gone over the plans that the engineer has prepared for the widening and modernization of South 2nd East Street. They dedided that they would call the prople that live on that street and who are directly involved with the improvements that they plan to make, and let them see the drawings and become acquainted with what is going to be done and talk to them on a one on one basis. Morgan Garner reported on the meeting, the appointments would be made by Clint Kingsford from Forsgren Perkins. The engineers would give the mayor a schedule of the meetings and the council would be welcome to attend, one of the street committee would be there. RE: LETTER FROM CHARLEY COLLINS The mayor had recieved a letter from Charley Collins. On May 1, 1984, he left San Francisco and is headed East and is walking all the way. When he comes into a city he would like to have a little publicity and if people want to make donations to him the money would go to the Sloan Kettering & Memorial Cancer Center in New York. His father died of cancer, and that is his way of raising some money. He will let us know when he will be here, so we can give him some publicity. [1 ~~" 1 ~i INSURANCE & REAL ESTATE AGENCY April 25, 1985 Mayor John Porter Councilman Glen Pond Treasurer Richard Horner City of Rexburg P.O. Box 245 Rexburg, ID 83440 Dear John, Glen and Richard: Thank you for spending some time with me Monday morning regarding the insurance policy for the City of Rexburg.. I thought our discussion was very good and I appreciated your willingness to listen as discussed with you the overall insurance market in the United States is reeling from tremendous underwriting losses. There are presently 8I insurance companies in serious financial condition plus an additional 320 that are on the watch list of the National Insurance Commissioners Association. In the past 2 years the losses of the insurance industry totaled $32 billion. Your present carrier Penco Insurance Company specializes in Municipality insurance Coverages. This is a stable market. with extremely broad coverages and good claim service. Our recommendation is that because of the instability of the present insurance market and the City's claims history that you remain with your present carrier. f 117 West Main Street • Rexburg, Idaho 83440 • Telephone 356-44ll 1 We discussed at length the claims that have paid over the past years. From 1979 to 1982 the City's insurance carrier paid $43,859.33 in claims or approximately $11,000 per year. From 1983 through March 1985, a period of 2 1/4 years total claims paid are $246,936.52 Of course most of that total includes the damages caused by the explosion losa in Sept. 1983. However, the amount paid by the insurance company, even without that loss is $36,386.72. There are presently 7 claims that have been submitted but not yet resolved. Many of those claims are frivolous or nuisance type claims but even so the insurance company must pay attorneys fees, etc. for defense costs. For those 7 outstanding claims, if settled at the requested amount, total $1,600,000, those claims are in the liability area so you can see the problems that the insurance company faces. It is important to note that you are not being selected against. Increased premiums for municipalities represent a nation wide trend that occurs because attorneys file law suits against municipalities. As you know several years ago the law prevented a suit against a municipality and then when that was overturned the state of Idaho set a limit on the amount that a municiplity could be sued. Those statutes have all been overturned. There is a growing trend nation wide to sue municipalities. I will keep you informed as to the status of the 7 liability law suits. We hope most of those will be settled out`of court and at substantially smaller amounts that the law suits indicate. We reviewed the present liability coverages for the City. Your comprehensive general liability is $500,000 along with automobile liability and law enforcement of $500,000. The errors and omissions liability limit is $1,000,000. We discussed the option of purhasing an excess umbrella liability policy for an additional $1,000,000. The premium quoted for that coverage was $3,100. You were going to Iet me know if that coverage was desired. We appreciate the opportunity of working with you in your insurance needs. We have enjoyed a long business association together and have strived to provide excellent claim service for you so that you are not being hounded by claimants. We look forward to a continued pleasant relationship. Please call on us if there is any service or if we may answer any question. Best regards, D. Gary ibald DGA/ve cc: Richard Horner Glen Pond A Sample of the Traffic Pattern on Second East Strest a a o Nuaih~t of Vehicles ~~~ o° ~ ° a Counted at Intersection •• ~ ~ ° ° Sr:cond East and Second E" °^ ' ~ ~ d o o South Travelin g °~ ''~ °D ~ '^ p' '~ ~+ ~ ~ P ~ ~ ~. o a ao 0 0~ o ao ~ ~ o ao 0 ~ o 00 ~ ,.. 0 ~. i 0. 0 From To et ~ .. ~ .-i Q Mfg M ~ .. ' ~ .~ ' ~. .. ~... .•i ~ N+ rl •0 ~7 ~7 M1~ N on 2 E '. S on.' 2 .E 94 236 .161 193 265 N on 2 E Eon 2 S 19 64 26 46 70 Non 2 E Won 2 S 47 43 67 53 53 ' S on 2 E Non 2 E 86 231 130 202 285 S on 2 E Eon 2 S 5 23 it 18 40 Son 2 E Won 2 S 7 53 25 52 66 Eon 2 S Won 2 S 117 106 132 125 161 W on 2 S Eon 2 S 49+ 80 66 72 -146 W on 2 S Non 2 E 23 .. ..35 29 37 5l~ W on 2 S Son 2 E 10 38 19 41 57 E ou 2 S S an 2 E 11 16 12 8 40 E on Z S Non 2 E 23 49 52 39 65 • ~ includes 13 truck loads of avow being ha uled .fr om hill + includes 15 empty dump trucks Intersections of 2nd East an..d 3rd and 4th South Non2E Eon3S Y9 Non2 E Won3S 11 Eon3S Won3S 23 Won3S Eon3S 8 Eon3S Non2E 37 Won3S Non2E 4 Eon3S son2E 35 Son2E Eon3S 21 Son2E Won3S 13 Eon3S Won3S 23 Won3S Eon3S g Non2 E Won4S 156 Son2E Won4S 107 Won4S Son2E 30 Won 4 S Non 2 E g 7 Son 2 E Non 2 E at 4 s intersection 69 Non 2 E son 2 E at 4 S iatersection 22 At parking lot nn west s ide of 2nd East between 3 S and 4 S Nan 2 E to parking lot west 11 S on 2 E to parking lot west 14 Parking lot to S on 2 E 14 Parking lot to N on 2 E 9 r.r~.rl;'sis ~~f the traffic pattern •t the inters ection of 2nd East and 2nd South f•.-• six hours {7-9 A.M., it-1 noon, and 4-6 P .M.) on April 1, 1985. Numh~s: of vehicles on 2nd East cr~~rsing 2nd So uth 1236 42.4 of ,,-t~I Numh:•- •,f vehicles on 2 South crossing 2nd Eas t 702 24.1x of tu:.3l "N.na~.~.: of vehicles making left turns ac ross traffic 4b2 15.8?. of total Nuiab:=r of Vehicles making right tusns 515 17.79. of total Tota l 2915 100 cA w 1 ~~~fa.u , ~y,~ti,,/ presented the following resolution and mo~ed its adoption. WHEREAS, on the 7th day of October, 1981, the City of Rexburg passed Ordinance No. 638 which, among other things, established sanitary sewer rates for users inside the City of Rexburg as well as users of the system outside of the City of Rexburg, and WHEREAS, said ordinance provides that the sewer user charges be revised and updated by resolution of the Council to reflect actual costs of operation, maintenance, replacement and financing of the sewage collection system and treatment facilities, and WHEREAS, based on actual operation, maintenance, replacement and financing expense, said user charges should be increased. NOW, THEREFORE, BE IT RESOLVED that the sewer user charges be and the same are hereby increased in the amount of 25~ per month for each sewer user inside the City of Rexburg and those receiving sewer services outside of the City of Rexburg . ~ ~ ~~z,- T BE IT FURTHER RESOLVED that such increase in charges shall become effective this 1st day of May, 1985. ~~~ seconded the motion to adopt said resolution and on roll call the following answered aye: Nay: none EBERLE, BERLIN, ('LADING, TURNBOW & GILLESPIE, JAMES L. BERLIN CHARTERED R. B. KADING, JR. ATTORNEYS AND COUNSELORS AT LAW R. M. TURNBOW JAMES R. GILLESPIE CAPITOL PARK PLAZA TELEPHONE WILLIAM J. MCKLVEEN DALE G. HIGER 300 NORTH SIXTH STREET (208) 344-8535 WARREN E. JONES MARK $. GESTON POST OFFICE BOX 1368 B. NEWAL SOUYRES, JR. WILLIAM L. VASCONCELLOS BOISE, IDAHO 83701 THOMAS R. LINVILLE RICHARD A. RILEY JAMES J. DAVIS J. L EBERLE (1890-1964) JOE H. UBERUAGA ][ T. A. BANDUCCI Apri 1 17 , 19 8 5 T. H. EBERLE (1922-1977) MARY $. HOBSON JOHN MICHAEL BRASSEY ROBERT L. BERLIN HOWARD W. OARSMAN SCOTT D. HESS BRADLEY G. ANDREWS KATHLEEN PERKINS BROOKS WILLIAM A. FUHRMAN GREGORY W. MCALEENAN FEDERAL EXPRESS City of Rexburg City Hall 12 I`J , Center Rexburg, ID 83440 Attn: John C. Porter, Mayor Gentlemen: Please be advised that this office represents Zebrian Lee Russell, a minor, and her grandparents, guardians, Larry and Marla Russell, and Basic American Foods and its workers' compensation insurance carrier, Liberty Mutual Insurance. Company. The purpose of this letter is to notify you of claims against the City of Rexburg for the death of Zebrian Lee Russell's mother, Cindi Lee Russell, who was fatally injured on December 22, 1984, at approximately 12:10 a.m. when the vehicle she was driving collided with a Union Pacific train at a railroad crossing on the access road from old Highway 20 to Basic American Foods' American Potato Division plant at Rexburg, Idaho. Our investigation indicates that the governmental entity or entities responsible for maintaining the access road and railroad crossing were negligent in failing to place a stop sign or other warning device at the crossing and that such negligence was. a proximate cause of the above- described fatal accident. The decedent's heirs are entitled to substantial damages from the City of Rexburg as a result of the decedent's wrongful death and decedent's employer, Basic American Foods and its worker's compensation insurance carrier, Liberty Mutual Insurance Company, are entitled to reimbursement for any workers' compensation benefits paid because of the decedent's death. l April 17, 1985 Page Two Zebrian Lee Russell resided with her mother up to the date of the accident at Jackson Trailer Court, #7, 350 12th West, St. Anthony, Idaho 834.45. She currently resides with and is under the guardianship of her grandparents, Larry and Marla Russell, whose mailing address is P.O. Box 224, Teton, Idaho 83451. Any communication concerning this matter should be directed to the undersigned. We suggest that you notify your insurance carrier of these claims. If you have any questions, please do not hesitate to contact me. Very truly yours, .~--__ _ --4__ ___._, Robert L. Berlin RLB:ca t ~ ~ "e t ~,~il~~ ~ ~. ~ t.~ , ~~~~ 1Dk BLAIR K. SIEPERT Chief of Police 1~exburg City Police Department 12 North Center REXBURG, IDAHO 83440 May l , 19 8 5 Ar356--6224 8 HORSE DRAWN TAXI SERVICE Although I have no specific recommendation to make in reference to the horse drawn taxi service, I would ask that the council con- sider the following before making their final decision: 1. That the owner of service provide adequate liability to cover any possible injuries that may occur from his service. The City attorney should be requested to check the laws to see that the City would not also be involved in a liability suit should an accident occur. 2. The horse drawn buggy be required to stay to the far right of any street that they travel and yield to any traffic that may be backed up by pulling to the curb and allowing traffic to pass. The possibility arises that perhaps some streets would not be safe to operate the taxi service, this could only be determined after observing for a period of time. 3. The horse drawn vehicle be required to have safety equipment including slow moving vehicle sign, reflectors, and etc. Should the service be used after day light hours, the safety equipment should include tail lights, head lamps, reflectors, and etc. 4. Operator of the business should be required to clean the City streets of horse manure on a daily basis. 5. Require the owner and operator to furnish equipment, both horses and buggy's that would be safe to operate while serving the .public, including but not limited to the following: A. Well trained horses suitable to handle noise ,and other commotion caused by heavy traffic. B. Buggies or wagons in good condition with safety stairs and railing for loading and unloading the public. Page 2 Should the council approve the taxi service, I would rec- ommend that a location be prepared near the Historical Tabernacle building for the north side of town, and perhaps a parking lot behind Porter book store for the south. Should the owner wish a parking lot near the College, it would be his responsibility to get approval through the proper authorities. Respectfully Submi ted, f` , Blair K. Sie ert Chief of Police ~~f~~ 8 ~~~~~~~ E ' ~a~ BLAIR K. SIEPERT Chief of Police 1~exburg City Police Department 12 North Center REXBURG, IDAHO 83440. May 1, 1985 Area Code 208 356-6224 TRAFFIC SURVEY AND RECOMMENDATION AT THE INTERSECTION OF 3RD EAST AND 3RD SOUTH As per your request for a traffic survey and my opinion of the possibility of a 4 way stop at 3rd south and 3rd east, time has not permitted a lengthy survey, but I was able to obtain the following information: SURVEY 1. One hour survey conducted on 4-26-85 between the hours of 0745 through 0850 revealed that we had a total of 81 vehicles go through the intersection in question with 12i using the north and south street, and 79i using the east and west route. On Monday, 4-29-85, the survey was conducted between the hours of 1710 through 1800 revealed that we had a total of 51 vehicles enter and cross the intersection with 20i using the north and south, and 80i using the east and west route. 2. A radar speed survey was conducted on 4-30-85 in a plain unmarked police vehicle between the hours of 0745 through 0840 checking the heavier used route of the east and west traffic and the following information was gained: Total vehicles checked - 39 Average speed for vehicles - 24.23 9 vehicles was checked going over the 25 MPH speed limit with the highest speed being 36 MPH. The other 8 vehicles ranged from 26 MPH through 35 MPH. Please find attached copies of the officers survey for your information. Page 2 RECOMMENDATIONS 1. It would appear that 3rd south is becoming a main thorough fare for citizens living in the east part of town to travel to the College and the downtown area. I, therefore, feel that this route should be considered the main arterial and not hindered with a stop sign. 2. Westbound traffic coming into the intersection have one continuous grade coming off of the hill. This would cause a con- siderable accident potential during the winter months with rear end collisions and vehicles sliding through the intersection should a stop sign be placed. 3. Radar speed check would indicate that we do have some speed in the area that could possibly be controlled by radar enforce- ment. Due to the fact that most of the vehicles using the road would be local, should result in the traffic enforcement being more effective. 4. It would be my opinion also, that should stop signs be placed in the intersection, we would probably force some traffic to travel 2nd south and 3rd east which would require them to travel through the school zones of the Lincoln Elementary. It is, therefore, my opinion, after considering the above mentioned concerns that the intersection should remain signed as is and not as a 4 way stop. Should additional information be required prior to the councils decision, please advise. Respectfully Submi ed, > ~' i 'Blair K. 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