HomeMy WebLinkAbout1993.03.03 CITY COUNCIL MINUTES
City Council
3/3/93
7:30 P. M.
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State of Idaho)
County of Madison( ss
City of Rexburg)
Present were the following: Mayor:
Councilman:
Excused:
City Clerk:
Attorney:
Finance Officer:
Pledge to the flag.
Nile Boyle
Farrell Young
Brad Liljenquist
Jim Flamm
Nyle Fullmer
Bruce Sutherland
Glen Pond
Rose Bagley
J. D. Hancock
Richard Horner
A motion was made by Bruce Sutherland and seconded by Farrell Young to
approve the minutes. All Aye.
RE: DANCE HALL BUSINESS LICENSES (JAMES BARRETT --- THE GALLERIA)
Jim Barrett was at the meeting to discuss the business license for his
dance hall business. He has been in business a long time. He has a
dance hall business and has always paid a business license of $20 and
last year he got a bill for $200 after the new ordinance went into
effect. Most licenses are still $20. $200 is a lot of money when we
are only open 15 hours a week. We only called the police three times
last year and none this year. He had more problems when he had the
dress shop with shop lifting than he has now with the dance hall. The
mayor told him the way we determined the cost was because of the
required police time. Mr Barrett said they have had a minimum of
problems on security. Mr Barrett said he thought $200 was too steep.
If you are going to charge $200 for his business, you should charge
that to everyone. The mayor asked J. D. how many court cases come from
the dance halls. J. D. said most of the cases are for things that
occur outside of the dance hall. The mayor asked Nyle Fullmer to
review it with the police and we will look at it.
RE: CONTRACT FOR BENCHES DISCUSSES
About one and a half years ago we gave a contract to Bellows Company
out of Florida for benches. A company from Pocatello wants to put
benches in and will pay us 10~ of the advertising. We don't get any
money from Bellows Company. The mayor said we would need to notify
Bellows Company, it has a 90 day termination. If you want to change,
you would have to terminate and go with the other. Bruce Sutherland
was concerned about the people that had paid for advertising on the
benches from the Bellows Company. The council told the mayor to use
his own discretion.
RE: APPLICATION FOR COMMUNITY FOREST GRANT; NEW MEMBER OF URBAN
FORESTRY COUNCIL
We had an application for a Community Forest Grant, the mayor
explained, it is to encourage growing trees. We put together a grant
to plant about 500 trees on the edge of the Nature Park to hide the
City Shop from the Nature Park. We could get more points if we have an
Urban Forestry Council. On that Council we have Alan Wilson, Jim Long
and Laurie Pearson and Dave Payne that runs the county parks has asked
to be on it. So if there was no objection the mayor would appoint him
to the Council. They are going to work with a college class and do a
tree inventory of the city and then coordinate tree planting. The
council felt it would be a good idea.
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RE: BID OPENING ON THE BRIDGE WIDENING NORTH OF TOWN
Richard Horner made a report about the bid opening on the bridge
widening. It was about $60,000 under the engineer's estimate. Larry
Chapple from Rigby got the bid. They will be starting in the next
three weeks. It is hoped that they can do it before there is high
water in the river. There will be one way traffic down to one lane
but for not more than 10 minutes at a time.
RE: LIGHTS NEEDED ON NORTH 2ND EAST
Bruce Sutherland stated that we need some extra lights on North 2nd
East. While we are doing this we need to decide what extra lights we
need and get them in at the same time. We need to make a survey and
see where we need to put them. The mayor asked Nyle Fullmer to check
with the police.
RE: BIDS FOR STOP LIGHT BY WAL MART
The bids have been let for the stop light. They were going to start
last week, John Millar will check on it. Wheeler Electric got the bid.
RE: REPORT FROM PLANNING AND ZONING MEETING
Nyle Fullmer gave a report on Planning & Zoning. They will hold a
public hearing for a Conditional Use Permit for his trailer court
extension and a public hearing for a zone change for property off of
Center and 1st South for the Beehive Credit Union. There was a public
hearing for Tom Miller for a variance on a setback in Sherwood Hills
Sub division, the property is on a cul de sac. The board are going to
have a public hearing to evaluate the setbacks on cul de sacs. Mary Ann
Mounts reported on the South Arterial Committee Meeting.
RE: BUILDING INSPECTOR REQUIRED TO ATTEND PLANNING & ZONING MEETING
The Planning & Zoning also discussed Terry Leishman not attending
Planning & Zoning meetings and made a motion that he be required to
attend as per his job description. The mayor said he had talked to
Terry about it. The council felt he should attend the Planning and
Zoning meeting.
Jim Flamm reported on the South Arterial Committee, he felt they were
making headway.
RE: NEW GOLF BOARD MEMBER --- JOAN CICHOS
Brad Liljenquist told the council that the Golf Board has recommended
that Joan Cichos serve on the Golf Board to take Larry Burns' place. A
motion was made by Bruce Sutherland and seconded by Jim Flamm to
approve Joan Cichos. All Aye
RE: TRUCK TRAFFIC OFF OF MILLHOLLOW
Gary Sommers called the mayor, representing himself and the school
board, he would again like to request keeping all truck traffic off of
Millhollow. Bruce Sutherland said he would look at the minutes of the
traffic safety council, they had discussed it. They would discuss it
again. The problem they has was they said it was a farm to market road.
RE: PROGRESS REPORT OF THE WASTEWATER TREATMENT PLANT
Ted Hendricks was at the meeting to take care of some business.
Because we are building the Treatment Plant in the 100 year flood
plain, we have published a public hearing for March 15 at 4:00 P. M. in
the Council Chambers, We will ask for comments and concerns from the
public about building in the 100 Flood Plain. We are building it
inside the dike structure, so this is a formality. The state was not
sure that we could classify the dikes as levies, because there are
tests they have to go through, even though they lasted during the flood
in 1976.
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They had talked to all the regulatory agencies concerning the
environmental clearance on the project. We have either received
letters from them or phone conversations that they have felt that it
will not adversely impact the environment. (he reviewed the progress of
the project) Bid opening will be April 1.
He told the council the City needs to adopt a policy or resolution
regarding Non-Discrimination. The policy is in compliance with ADA.
This is required for the Block Grants.
RE: RESOLUTION 93.4 REGARDING NON-DISCRIMINATION ON THE BASIS OF
DISABILITY ADOPTED.
Mayor Boyle read RESOLUTION 93-4 Policy Regarding Non-Discrimination on
the Basis of Disability. (copy on file in Resolutions) (Ted
explained) It is a standard form policy, all cities are required to
adopt. J. D. Hancock reviewed it.
A motion was made by Nyle Fullmer and seconded by Brad Liljenquist that
we adopt Resolution 93-4 a policy regarding Non-Discrimination on the
basis of disability. All Aye
RE PRESENTATION AT BOISE ABOUT THE WASTEWATER TREATMENT PLANT
On March 18, at 1:30 P. M. in Boise, the City will give their
presentation for the Wastewater Treatment Plant Grant in Boise. The
council will be given 10 minutes to address the committee and that
allows 5 minutes for questions and answers. He suggested that we
invite someone from the Division of Environmental Quality to assist the
council in the presentation. He said they won't go over from
Pocatello, but they call the Boise Office of D. E. Q. and have someone
come over, usually Al Stanford. He is familiar with this Grant.
RE: REPORT ON AIRPORT MEETING - APPROVAL GIVEN TO GO AHEAD WITH STUDY
ON AIRPORT DEVELOPMENT & PLANNING
Nyle Fullmer made a report on the Airport Meeting. FFA came over and
said they felt that they wanted to have us hire an Engineering firm
that is specifically specialized in Airport development and planning.
They have allotted and budgeted $150,000 toward that program and it
will be available in 1994 and would start in October of this year.
They will get us a list of these Engineering firms around the United
States. There are none in the entire Northwest. There are some in the
Midwest and also in California that they would recommend. The Airport
Board are taking it under advisement. The mayor stated that with the
current study the Fish and Wildlife Service, EPA, and Wetland People
didn't want us to cross the river until more study was done. The mayor
said it looks like we have two options, one to set where we are now and
never try to expand the airport any longer, or to hire the specialized
firm. The first part of the study will be site selection. If after
this group studies the site and if they feel the best alternative is
to move the airport, at that time the Airport Board will take a long
look at it to decide if they really want to move the Airport. It will
be 90~ paid by the FAA, 5~ from the State and 5~ from the City and
County. The council felt it was important enough that they need to go
ahead with the study.
RE: OPENING OF 5TH WEST - MEETING WITH COUNTY COMMISSIONERS
The mayor asked the council if they wanted to set up a meeting with the
County Commissioners about opening North 5th West? Dell Barney told
him they were not in favor of opening North 5th West. They would like
to keep the track open. If we open the road we would have one of their
horse barns on the other side of the road. The mayor said after
reading the minutes, the closure was never finished. Brad said the
reasons that they wanted it closed do not exist now. The college
wanted to put barns in and now they have put them out west and the 2nd
thing was they wanted it for the cutter races and they have not held
them for about five years. Brad stated that we need to proceed with a
meeting with the County Commissioners and the Fair Board. The mayor
said he would set up as meeting for March 22.
A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to
approve the bills. All Aye
The mayor told the council he had gotten a certified letter with a
threat of legal action.
A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to
go into Executive Session. All Aye
RE: MOTION PASSED TO PURSUE PROBLEM WITH FOREST PETERSON
LETTER TO BE SENT TO VAL GROVER
After the council reconvened a motion was made by Nyle Fullmer to
pursue Forest Peterson problem and direct the mayor to send a letter to
Val Grover. Seconded by Bruce Sutherland. All Aye
RE: DISCUSSION OF RESOLUTION FROM THE STATE DEPARTMENT OF
TRANSPORTATION CONCERNING LIGHT BY WAL MART
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The mayor told the council the State Department of Transportation
brought in a resolution we need to pass. Whenever there is a traffic
light put in town we have to pass a resolution for the maintenance of
the light. This light will be on 2nd East by Wal Mart. One thing that
is added to this resolution different from the others, is if the light
is put in before we start widening the street and putting in the curb
and gutter, we will have to assume any additional construction costs
necessary for loop detection. John Millar and Dick Dyer feel there
will be no problem. The attorney will review the resolutions and pass
it at the next. meeting.
Meeting adjourned.
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Mayor, i e L. Boyle
City Clerk, Ros a y
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March 1, 1993
Mayor Nile Boyle
Mayor City of Rexburg
P.O. Box ;zyS
Rexburg, Id 83440
Dear Mayor:
P.O. BOX 725
192 E. 1000 N0.
REXBURG, ID 38440
(208) 256-8149
~ ~... ' PAPEF~'
k..oooetoa
Enclosed is a copy of a letter sent to Jack Zollinger of
Zollinger construction. We felt you should have a copy of it.
As you know Amdahl is suing. myself and Ray Walker because of the
installation of a sewer mainline placed on their property by
mistake. We know as from our meetings and phone conversations you
do not think that the city should be involved, but because Jon
Mellar is the engineer that told Jack Zollinger where to put the
sewer, and he is the city engineer by what authority he did so,
he was not hired by myself or Ray. We believe that this does
involve the city and if legal action is required, the city will
become involved. If you can help get every one to make right, the
mistakes they have made and. want Us to pay for, we would greatly
appreciate it. Someone is not being honest and we don't want to
lower our selves to that level by turning our heads the other
way.
From the last meeting
Forsgren & Assoc.were going
knowledge nothing has been
Sincerely,
"Custom CoQoh dabs doh tke ~Pao~esstonaQ"
we had with you it was determined that
to pursue this with Amdahl.As to our
done.
'Val Grover
Ray Walker
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March 1, 1993
"C~stoM CoQOA dabs box tJte ~Pxo~esstonaQ"
P.o. Box 725
192 E. 1000 N0.
REXBURG, ID 83440
(208) 356.8149
Jack Zollinger
Zollinger Construction
48 East 2nd North
Rexburg, Id 83440
Re: Installation of Sewer on Amdahls Property
Dear Jack:
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.' PAPER
...~a.aooa~eer
As you know when we hired you to install the main line of the
sewer adjoining Amdahls property it was placed on Amdahls side of
the property line by error. At this time Amdahl does not want it
removed but wants Gallery Lab to purchase the 11 x 192.5 ft of
ground because of environmental factors. Needless to say this
property is of no real value to us because of the layout of our
building. As per our phone conversation we understand that the
land owner is required to acquire proper easements, but as you
know we intended the sewer to be placed on our property in which
the easements were included in our deed.
In the event you would of told us that it was being
installed on Amdahl property, (which you did not) we probably
would of not thought any thing about it anyway because as per our
phone conversation. You told me that Jon Mellar of Forsgren
Assoc. told you where to place it (the Sewer Line) and you ask
him if you should check with Dick Dire who was working directly
with Amdahl and he said not to worry about it that was where the
city wanted it and it showed that location on Amdahls own blue
prints (Drawn by Forsgren }.
Jack I do not know who is totally at fault but I have talked
to several local businessmen about this and the mutual feeling is
that I'm being railroaded because of this mistake. I may be
guilty of ignorance, but I don't believe that because of that I
should be expected to pay financially for the mistakes of all
involved. Also I was treated with total disregard as to my wishes
of the placement and location in the installation.of a fire
hydrant on my property with out an easement or permission which
has remained unresolved.
D~
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~ ~.~C~LOM CoQOA ~QbS b0A fkQ ~PAO~BSSl01tL1Q~~
P.O. BOX 725
192 E. 1000 N0.
REXBURG, ID 83440
(208) 356-8149
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.' PAPER
...w•maw.r
Amdahl is waiting for an offer on the purchase of this
property in question, It does not matter to us how it is resolved
whether the line is moved property purchased, or easement granted
I am willing to pay my fair share and as I understand Walkers
will also. But I would expect Zollinger Construction, Forsgren
Assoc. And the City of Rexburg to share their involvement and
help to resolve this without everyone having to go to court and
pay the lawyers instead. I will offer Amdahl $2800 which is a
little less than it would cost to reinstall the line, if all
involved would pay $560 that may end the problem. And as you all
know it doesn't take very long to run up that amount with your
legal counsel. Ray Walker and myself have tried to resolve this
without lawyers and have been told many conflicting stories, and
even not to worry we'll take care of it by Jon Mellar but so far
nothing has been taken care of by anyone.
We are all neighbors and live in unique community, I wish to
continue to be friends with all involved. To me this is more a
matter of principle and what is right than money, I wish no I11
feelings if possible. A copy of this letter is being delivered to
all parties named your immediate response is requested to stop
the trespassing action taken against myself. If I don't hear from
you by March 10th 1993 on this matter with some kind of offer or
idea to resolve it I will be forced to let the legal eagles take
care of it for us.
Sincerely,
Gallery Photo Lab, Inc.
Val Grover
President /, ~; ,~
cc:
Mayor Nile Boyle
Ray Walker
Jack Zollinger
Jon Mellar
Ray W Walker
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December 18, 1992
Val Grover
Gallery Labs
P.O. Box 725
192 E. 1000 North
Rexburg, Idaho 83440
Re: Trespassing
Dear Mr. Grover and Mr. Walker:
Ray Walker
Targhee's Sports
348 N. 200 East
Rexburg, Idaho 83440
Via Certified Mail
The Ciry of Rexburg has informed Amdahl that it has no plans to pursue easement rights for ttre sewer
line installed by R. Walker on the southern portion of Amdah! property. Following discussions with our
insurance company and Environmental 8~ Safety department, Amdahl must withdraw its offer to grans
an easement for the sewer line, for the followirigreasons: resulting potential environmental risk, legal
problems (due to failure to aquire appropriate permits) and general detrimental effect on further
development of the property.
Amdahl considers the installation of the sewer line to be trespassing on Amdahl property since the
sewer line was installed on Amdahl property on August 13, 1992 without Amdahl's permission. There
was no constructive use granted to R. Walker or V. Grover. Additionally, Amdahl does not intend to
grant an easement to anyone requesting to place a sewer line on Amdahl property. Therefore the
sewer line must be removed.
If the sewer line is not removed by January 4,1993, Amdahl will take further action to insure its
removal. Ii further action is required by Amdahl to restore the property and subsurface to its original
condition, you will receive the invoice for this work. The invoice amount will increase with interest until
final payment is received. Interest will be based on tl~e prime rate plus 4% as published weekly in the
Wait Street Journal and will be retroactive to the date of infraction, August 13, 1992. Alternatively a
lien will be recorded on your properties for the same amount.
We regret to have to take these actions, but the circumstances compel us to do so.You have been
aware of Amdahl's issue with the sevrer line since its installation. Since the City of Rexburg leas
declined involvement, the responsibility is clearly yours. I suggest that you art quickly to remedy the
problem to prevent increased cost to you.
Call me with any questions you have at 408-746-7039.
Si erely
U'~
Sirnona Martin
Sr. Project Manager
Corporate Real Estate
cc: Jon Anderson
Mayor Nile Boyle
John Millar
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STATE OF IDAHO
NILE L BOYLE
' -wron
ROSE BAGLEY, atac
RICHARD HORNER, rn~wPEa
March 5, 1993
Val Grover
Gallery Labs
P.O. Box 725
Rexburg, ID 83440
RE: Ray Walker Subdivision
Dear Val:
s2-o3s
12 NORTH CENTER STREET
REXBURG, NANO 89440
PHONE (208) 9543020
After reviewing your letter of March 1, 1993, the City of
Rexburg has determined that it has no responsibility for the
sewerline in question that was installed on Amdahl's property.
The City did not approve nor direct the installation at its
existing location without the required easements: The
construction for sewerlines and any required easements are
totally the responsibility of any developer that develops
property within the City of Rexburg.
The City hereby denies any acknowledgement of responsibility
for the acquisition of the required easement or relocation of
the sewerline in question.
If you have questions or` need further clarification, please
see me at your convenience.
Sincerely,
CITY OF REXBURG
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Ni e Bo le /~
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Mayor
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