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HomeMy WebLinkAboutCouncil -October 06, 2004CITY COUNCIL MINUTES CITY OF REXBURG October 06, 2004 7:30 P.M. STATE OF IDAHO ) : ss. County of Madison ) Present were the following: Mayor: Mayor Shawn Larsen Council Members: Paul Pugmire Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Irma Anderson Financial Officer Richard Horner P&Z Administrator: Kurt Hibbert City Clerk: Blair D. Kay PFC: John Millar City Attorney: Stephen Zollinger Pledge to the Flag Mayor Larsen welcomed about fourteen scouts from several Troops including Troop 214 and Troop 216 to the meeting. They were working on Citizenship in the Community merit badges. Roll Call of Council Members: All were present except Council Member Pugmire, who asked to be excused. Consent Calendar: The consent calendar includes items which require formal City Council action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items. A. Minutes from the September 15, 2004 meeting B. Minutes from the September 22, 2004 meeting C. Approve the City of Rexburg Bills Council Member Fullmer moved to approve the Consent Calendar; Council Member Benfield seconded the motion; all voted aye, none opposed. The motion carried. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) None Mayor Larsen mentioned that John Millar, Kurt Hibbert, and Richard Horner were excused from the meeting. New Business: CITY OF REXBURG RESOLUTION NO. 2004-16 Approving a form of Loan agreement with the Idaho Bond Bank Authority to refinance revenue bonds for a savings of $11,000. RESOLUTION NO. 2004-16 RESOLUTION OF THE CITY OF REXBURG APPROVING A FORM OF LOAN AGREEMENT WITH THE IDAHO BOND BANK AUTHORITY TO REFINANCE THE CITY’S DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF IDAHO LOAN IN THE AMOUNT OF NOT TO EXCEED $2,184,910 AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF, AND RELATED MATTERS WHEREAS, pursuant to the Water Pollution Abatement Act, Idaho Code, Title 39, Chapter 36, the City of Rexburg, Idaho (the “City”) entered into a Department of Health and Welfare Loan Offer, Acceptance and Contract for Wastewater Facility Design and Construction in the amount of $5,000,000 with the entity now known as the Department of Environmental Quality of the State of Idaho (“DEQ”), and the City issued its promissory obligation to DEQ upon full disbursement of the loan (collectively, the “Prior Loan”); WHEREAS, the Idaho Bond Bank Authority (the “Authority”) is an independent public body corporate and politic duly created and operating pursuant to Idaho Code, Title 67, Chapter 87 as amended or supplemented from time to time (the “Act); WHEREAS, the Act authorizes and empowers the Authority to issue bonds for the purpose of purchasing municipal bonds, including loans undertaken by municipalities for any purpose authorized by law; WHEREAS, the Authority intends to issue Idaho Bond Bank Authority Revenue Bonds, Series 2004 (the “Bonds”); WHEREAS, the City desires to execute a loan agreement by and between the City and the Authority, in which a portion of the proceeds of the Bonds shall prepay in full the Prior Loan (the “Loan Agreement”); and WHEREAS, the City acknowledges that pursuant to Idaho Code, Section 67-8727, execution and delivery of the Loan Agreement shall, upon failure by the City to transfer scheduled payments under the Loan Agreement, subject certain funds held by the State of Idaho on behalf of the City to intercept by the trustee for the Bonds; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rexburg, Idaho, as follows: SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. SECTION 2. The proposed form of Loan Agreement, by and between the City and the Authority, on file with the City Clerk, is hereby approved. The Mayor, City Manager, Treasurer, or City Clerk, jointly and severally, or any such officer’s designee, are each hereby authorized and directed, on behalf of the City, to execute and deliver the Loan Agreement in substantially said form, with such changes therein as such officer may require or approve, subject to review by the City Attorney or the City Attorney’s designee, such approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that (i) the term of the Loan Agreement shall end no later than September 1, 2010, (ii) the principal amount as set forth in the Loan Agreement shall not exceed $2,184,910; (iii) the true interest cost as set forth in the Loan Agreement shall not exceed 2.978%; and (iv) the net cash flow savings shall be at least $11,777. SECTION 3. All actions heretofore taken by the officers and agents of the City with respect to the refinancing of the Prior Loan are hereby approved, confirmed and ratified, and the officers and City Council members of the City or their duly authorized designees are hereby authorized and directed, jointly and severally, to execute and deliver any and all documents, including but not limited to those described in the Loan Agreement, and do any and all things, deemed necessary to effect the execution and delivery of the Loan Agreement and to carry out the intent and purpose of this resolution and otherwise necessary to carry out the refinancing of the Prior Loan, including, without limiting the forgoing, the execution and delivery of a continuing disclosure agreement, if necessary, a tax certificate, any amendments to the Prior Loan, and closing documents. SECTION 4. This resolution shall become effective immediately upon adoption. PASSED by the City Council of the City of Rexburg, Idaho, this 6th day of October, 2004. APPROVED by the City Council of the City of Rexburg, Idaho, this 6th day of October, 2004. Shawn Larsen, Mayor ATTEST: [City Seal] __ Blair D. Kay, City Clerk Council Member Benfield moved to approve Resolution 2004-16; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. B. CITY OF REXBURG RESOLUTION NO. 2004-18 Rexburg/Sugar City & the County approve the Transportation Plan to serve as the official plan for transportation of the three entities in a cooperative manner. MADISON COUNTY RESOLUTION NO. ________ CITY OF REXBURG RESOLUTION NO. 2004-18 SUGAR CITY RESOLUTION NO. ________ WHEREAS, a safe and efficient transportation system is vital to the City of Rexburg, Sugar City and Madison County; WHEREAS, an important component of a safe and efficient transportation system is a transportation plan; WHEREAS, a joint and cooperative venture between the City of Rexburg, Sugar City, and Madison County was established for these purposes; WHEREAS, a document titled Madison County Transportation Plan has been prepared, WHEREAS, the Transportation Plan will serve as an official document of Madison County, Sugar City and the City of Rexburg; NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Madison County, the Mayor and Council of the City of Rexburg, and the Mayor and Council of Sugar City, to approve the Transportation Plan to serve as the official plan for transportation of the three entities in a cooperative manner. ADOPTED by the Board of County Commissioners of Madison County, Idaho this ________day of _____________, 2004, ADOPTED by the Mayor and Council of the City of Rexburg, Idaho this 6th day of October, 2004, and ADOPTED by the Mayor and Council of Sugar City, Idaho this ________day of _____________, 2004. _________________________ ______________________ Chairman of the Board of Commissioners Mayor of the City of Rexburg ______________________________ ATTEST: Commissioner ________________________ ______________________________ City of Rexburg Commissioner ATTEST: ________________________ Mayor of Sugar City _________________________________ County Clerk ATTEST: ________________________ Sugar City Council Member Erickson mentioned that it was reviewed by the three governing bodies in a previous meeting at the County. Council Member Erickson moved to approve Resolution 2004-18; Council Member Anderson seconded the motion; all voted aye, none opposed. The motion carried. C. CITY OF REXBURG RESOLUTION NO. 2004-19 Rexburg/Sugar City & the County agree that the ‘East Parkway’ project is the number one ‘regional transportation project’. MADISON COUNTY RESOLUTION NO. ________ CITY OF REXBURG RESOLUTION NO. 2004-19 SUGAR CITY RESOLUTION NO. ________ WHEREAS, the City of Rexburg, Sugar City and Madison County have worked cooperatively in the development of the Madison County Transportation Plan; WHEREAS, the City of Rexburg, Sugar City and Madison County have approved the Transportation Plan as a planning document; WHEREAS, the Transportation Plan includes a capital improvement plan that identifies numerous studies, projects, and improvements to enhance the transportation system; WHEREAS, the project identified as the ‘East Parkway’ that generally extends from the proposed South Rexburg Arterial to the east, and then north generally along a line common to 1000 East across the South Fork of the Teton River, and then continuing north to Sugar City is a large ‘regional project’ that lies within and affects each entity and is a key project to improve area wide traffic circulation; WHEREAS, the precise alignment of the ‘East Parkway’ has not been established; NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Madison County, the Mayor and Council of the City of Rexburg, and the Mayor and Council of Sugar City, that we agree that the ‘East Parkway’ project is the number one ‘regional project’ priority and that the three entities shall work cooperatively to advance the project including seeking funding sources for project development and pursuing studies to establish the alignment; recognizing that each entity may also continue and advance other local projects within their jurisdictions. ADOPTED by the Board of County Commissioners of Madison County, Idaho this ________day of _____________, 2004, ADOPTED by the Mayor and Council of the City of Rexburg, Idaho this 6th day of October, 2004, and ADOPTED by the Mayor and Council of Sugar City, Idaho this ________day of _____________, 2004. __________________________ ______________________ Chairman of the Board of Commissioners Mayor of the City of Rexburg ______________________________ ATTEST: Commissioner ______________________ ______________________________ City of Rexburg Commissioner ATTEST: ______________________ Mayor of Sugar City _________________________________ County Clerk ATTEST: ________________________ Sugar City Mayor Larsen explained the reason for the resolution. It is the second step for the approval of the Madison County Transportation Plan. Council Member Erickson asked about the south entrance to the City and if these resolutions set the priority for the south entrance being extended to Sugar City around the east side of the City. Mayor Larsen indicated that it does set the ‘East Parkway’ as the transportation priority for the City in the Madison County Transportation Plan. The precise alignment of the road has not been established. Council Member Erickson moved to approve Resolution 2004-19; Council Member Benfield seconded the motion; all voted aye, none opposed. The motion carried. Public Hearings: 7:45 p.m. AMENDMENT OF THE COMPREHENSIVE PLAN 2020 AND MAP – Staff A short video was shown on how to give testimony in a Public Hearing. Mayor Larsen reviewed the history of the proposed Comprehensive Plan Map. Planning and Zoning has spent over a year working on the proposed Map. Once the Comprehensive Plan Map has been approved, it will stand for 6 months without the opportunity to be modified. The Public Hearing was opened. Bruce Williams – 262 South 2nd East – read a statement that reviewed the changes that have occurred on 2nd East where he lives due to the growth of the City. It would be great to return to the days past or slow down and stop progress; however change is here to stay. He was concerned with marketing his property at a higher density (MDR) verses the current density. He would be happy to have density that would allow a four plex. He asked for similar consideration as others have been afforded in areas of change. Pat Hinton – 55 South 2nd East – thanked the Council for the effort that has gone into the Comprehensive Plan Map. She mentioned an error on the proposed Map. Lincoln School should be a public use designation. She read a short letter from their Neighborhood Association concerning their Neighborhood south of the Hospital. They thanked the City Officials for trying to protect their neighborhood as a Residential Neighborhood. They want a low density residential classification. They asked to be involved in future discussions on any redevelopment proposals for the 2nd East Street. The letter was written by Don Sparhawk. Gary Thompson – 241 South 2nd East – asked about the Neighborhood Association that Pat referred to in the previous testimony. It is in the area from Main Street to 1st South and from 2nd East to the Madison Memorial Hospital. It does not extend to 2nd South. Gary agreed with Mr. Williams that the area on 2nd East is changing and it would call for a Professional Overlay (Redevelopment Area). The traffic is very busy until after 1:00 a.m. at night. It is a real problem for the residents as the traffic has increased tremendously on that street as the City has grown. He requested fair treatment for the area. Steve Herdti – 141 South 2nd East – agreed with the comments of Mr. Williams and Mr. Thompson. He can not get out of his driveway at 8:00 a.m. in the morning due to heavy traffic on 2nd East. The Public Hearing was closed. Mayor Larsen asked Chairman Dyer for comments on the Comprehensive Plan Map as proposed by the Planning and Zoning Commission. Chairman Dyer concurred that the Planning Commission had spent a great deal of time working on the current proposed Map. They have gathered input from residents as well as breaking the City down into areas where teams from the Planning group could inspect and review with on site visits to the several areas of the City. After the teams made these on site visits, they made specific recommendations for each area. These recommendations are delineated on the current proposed Map. Chairman Dyer indicated that the Planning Commission would accept any changes to the proposed Map that the City Council felt was necessary and appropriate. Mayor Larsen spent some time reading letters to the City Council concerning the proposed Comprehensive Plan Map. The Council reviewed the definition changes on the proposed Map that occurred after their last review of the Map. Due to the high interest in the particular zones that could be applied to a parcel, there was much discussion on zoning questions that did not apply to a Comprehensive Plan Map. The old single family residential designation was changed to Residential 1 (Low to Moderate Density). The old multifamily residential designation was changed to Residential 2 (Moderate to High Density). City Attorney Zollinger reviewed the differences between Residential 1 and Residential 2. A Comprehensive Plan Map is not a Zoning Map. The Comprehensive Plan Map is presenting a growth vision for the Community that does not deal with the particular Zoning issues that will be presented in Zoning Public Hearings on a particular piece of property. Mayor Larsen referred to the Comprehensive Plan Amendment requests submitted by Jonathan Kvarfordt (a zone change request at 710 South 5th West), Daren Call at 740 South 5th West (against dormitory housing in his neighborhood), and Brad Archibald at 843 North 5th West (requested his area remain Ag 2 instead of open space or Industrial). Mayor Larsen asked the City Council to deliberate the issues that have been presented to the Council on the proposed Comprehensive Plan Map. Council Member Erickson asked City Attorney Zollinger to change Lincoln School to the correct public facilities designation. Council Member Fullmer asked about the terminology that designated Residential One properties. Chairman Dyer explained that the properties were correctly displayed on the proposed Map and approved by the Planning Commission as Residential 1 properties. These properties could seek Zone changes through the Public Hearing process before the Planning and Zoning Commission and City Council. Council Member Benfield asked for clarification on the new terminology. Chairman Dyer indicated that they would deal with it at the zoning level through the Public Hearing process. Council Member Erickson was concerned with the lack of consistency with the Comprehensive Plan Map and the City’s Zoning Map. He reviewed the street directly east of the University (South 1st East that is south of 2nd South). It has Medium Density Residential Zoning (MDR). Council Member Erickson indicated that it should have a Residential 2 designation. After some discussion and clarification, City Attorney Zollinger and Chairman Dyer indicated that the zoning for the properties facing the University on 1st East is currently MDR (16 units per acre). This MDR Zone would fall under the new Residential 1 (Low to Moderate Density) designation in the proposed Comprehensive Plan Map. Chairman Dyer asked other Planning Commission Members (David Stein and Stephen McGary) to provide additional input. David Stein explained that the thought of the Planning Commission was to protect older homes around the University. It would require a Redevelopment plan and additional discussion before major changes could come to the area. Council Member Benfield asked David about the locations on 2nd East between 2nd and 3rd South. David indicated that the current zoning is Low Density Residential (LDR1). This area and others that are LDR1 would fit into the proposed Comprehensive Plan Map as Residential 1 (Low to Moderate Density). Council Member Fullmer reviewed the legend descriptions on the Map to clarify how the residential areas would be designated on the proposed Comprehensive Plan Map. Council Member Fullmer moved to approve new Comprehensive Plan Map with the recommended changes as discussed by the City Council; Council Member Anderson seconded the motion; Discussion: Donna asked if there were other areas of concern. Chairman Dyer explained that teams from the Planning Commission along with public input were taken into consideration to arrive at the proposed Comprehensive Plan Map. There were slight modifications after the first Public Hearing before the City Council on August 18, 2004. He is excited to have a Redevelopment tool as proposed by the City Council for the Planning Commission to plan for the growth of areas like 2nd East. Council Member Young asked about the Redevelopment tool that will be discussed in a later meeting. Mayor Larsen called for a vote on the motion. All voted aye to approve the Comprehensive Plan Map; none opposed. The motion carried. Council Member Fullmer publicly thanked the Planning Commission for their diligent effort to compile the new Comprehensive Plan Map. It will be an asset to the Community. He recognized their efforts to help Rexburg to grow responsibly. Old Business: 2nd East (Redevelopment Area) – Planning and Zoning’s recommendation to handle “Overlay” proposals on the zoning level and the redevelopment proposals on the Ordinance level. – Staff Chairman Dyer explained the concept for a Redevelopment Area. It can be used in any designated area of the City. It could cover a single property, a block, or an entire neighborhood. This would allow redevelopment based on the circumstances of that particular parcel, block, or neighborhood. It could allow a higher Density, closer location to the street to encourage parking in the rear of the property if alley access is available, or other specific things that would enhance the area. One example would be to enhance the transportation needs for a particular neighborhood. It would allow area specific zoning controls in the design and/or density of the property. One benefit would be to get a cozy neighborhood feel for parking in the back of the property to avoid parking on the street. The South 2nd East properties would be a prime example of where this concept of zoning could be incorporated. They have a desire to increase density without losing the character (look and feel) of the current neighborhood. Chairman Dyer offered an example of “Townhouse” construction in this area of 2nd East with access and parking in the rear of the buildings which would help preserve the look and feel of the neighborhood. The “Redevelopment Area” concept would fill the gaps where specific design planning is required. The “Redevelopment Area” concept could also be included in Commercial areas or Transportation Areas. The Zoning Ordinance would be amended to allow the Redevelopment Areas to be identified with City Council approval. Local residents and Neighborhood Associations will be involved in the process. It would deal with specific changes to specific locations instead of across the board changes. This represents a “Win-Win” situation for everyone and it will not make the Zoning Ordinance too restrictive across the board with blanket restrictions. Council Member Young asked Chairman Dyer how the Planning Commission came up with this Planning concept. Chairman Dyer mentioned that the Commission did some brain storming and then put a draft document together with ideas from other Cities like Provo, Utah. Council Member Erickson agreed with the concepts with the draft Redevelopment Area proposal. Chairman Dyer mentioned that the proposed zoning changes often times have a pretty picture and the designs look great. However, the actual design of the project may come to the City in a different format. If this were to occur under the “Redevelopment Area” plan, the development would not be approved. Mayor Larsen asked to move this item to the next meeting. Kiwanis Club proposal for the naming of the Evergreen Subdivision City Park (City Policy for naming City Parks) Mayor Larsen indicated that Council Member Anderson and City Attorney Zollinger prepared a Public Land Use Agreement that was reviewed by the City Council. These agreements could be approved by a majority of the City Council. PUBLIC LAND USE AGREEMENT THIS AGREEMENT, made this ____day of October, 2004, by and between THE CITY OF REXBURG, IDAHO, a municipal corporation of the State of Idaho, and the REXBURG KIWANIS CLUB, a Community Service Organization, to Rexburg, Idaho. WITNESSETH: WHEREAS, the City of Rexburg (hereinafter the “City”) owns a public park currently known as Evergreen Park, and located within the Evergreen Subdivision, of the City of Rexburg, Madison County, Idaho; AND WHEREAS, the Rexburg Kiwanis Club (hereinafter the “Club”) is a community service club having members residing within the Rexburg area and meeting all necessary requirements to qualify for “Name Association With City Owned Property” ; AND WHEREAS, the City is desirous of having assistance with the maintenance and improvements of said Park; AND WHEREAS, the Club is desirous of contributing to the maintenance of said Park; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City agrees to allow the Club to have their name associated with the Evergreen Park, by designating the Park formally as the “Evergreen Kiwanis Park”, and allowing the Club to display up to nine (9) square feet of logo or name recognition signs within the park to identify the Club and its contributions, such signage to be subject to the approval of the City Council. The Club agrees to contribute annually a minimum of 100 community service hours specifically to the maintenance of the Evergreen Kiwanis Park, and to contribute annually a minimum of $1,000.00 for improvements to the Evergreen Kiwanis Park. Both parties agree that the term of this agreement shall be for a period of no less than five (5) years, unless shortened in accordance with the terms of this agreement. Thereafter, the term shall be on a year to year basis. The Parties further agrees that if at any time, the City determines that the Club is not making the minimum contributions set forth in this Agreement, the City may at its discretion, have the name of the Park changed. The foregoing constitutes the complete agreement between the parties, and may only be modified in writing, with all parties acknowledging the modifications by signature. Notice shall be deemed given, if in person, or delivered to the address of the home located upon the property referenced in the forgoing sections. (Note: Approvals from both the City and Kiwanis Club would be required.) RESOLUTION NO. 2004-20 A RESOLUTION ESTABLISHING THE MINIMUM STANDARDS FOR ANY REQUEST TO HAVE NAME ASSOCIATION WITH CITY OWNED PROPERTY BY A PRIVATE INDIVIDUAL OR COMMUNITY SERVICE GROUP. WHEREAS, the City of Rexburg owns and operates numerous properties throughout its jurisdiction; and WHEREAS, the City Council has the exclusive prerogative for naming all publicly owned and operated properties; and WHEREAS, the City Council does from time to time desire to recognize accomplishments, community contributions, or general improvements to the community; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rexburg shall have the exclusive prerogative to allow for the Name Association With City Owned Property, by a majority vote of the Council, with the Mayor acting as the tie breaking vote. BE IT FURTHER RESOLVED, that no organization shall be considered for Name Association with City Owned Property unless they have a recognized charter or organization having a minimum of 25 members within Madison County, and having existed for no less than 5 continuous years within the area are considered to be a community service related organization. BE IT FURTHER RESOLVED, that any individual person’s name that is associated with, or is being considered for association with city owned property should be an individual whose direct contribution to the existence of the property in question, or to some community project of widely recognized significance, is considered and determined to be of such a nature as to warrant the Name Association With City Owned Property; and BE IT FURTHER RESOLVED, that the City Council shall have the right at any time, to change the name designation of City Owned Properties for any reason they consider to warrant such change. PASSED By the Council and APPROVED By the Mayor this 06th day of October, 2004. ____________________________ Shawn Larsen, Mayor ATTEST: _____________________________ Blair D. Kay, City Clerk Council Member Erickson moved to approve Resolution 2004-20; Council Member Fullmer seconded the motion; Discussion: Council Member Benfield asked if there needed to be 25 members in the organization. All voted aye, none opposed. The motion carried. City Attorney Zollinger reviewed the Public Land Use Agreement for naming the Evergreen Kiwanis City Park. He reviewed the requirements and conditions for naming the City Park after the Kiwanis Club Organization. Mayor Larsen disclosed that he is a member of the Kiwanis Club. Council Member Erickson moved to accept the Public Land Use Agreement with the recommended changes to approve the sign with Mayor Larsen signing the agreement; Council Member Young seconded the motion; all voted aye, none opposed. The motion carried. City Council Report: A. Council Member Young mentioned that LaMar Barrus is the new Orchestra Conductor for the Community Orchestra. B. Council Member Benfield – None C. Council Member Erickson – None D. Council Member Pugmire – excused E. Council Member Fullmer – mentioned that the light at Tabernacle will be bid. F. Council Member Anderson – mentioned that the chairman of the Museum Board has resigned and a new one is being considered. Report on Projects: - None Mayors Report: Mayor Larsen asked Council Member Fullmer to report on the recent Legislative Agenda Conference with the Association of Idaho Cities held in Boise. They reviewed proposed legislation coming up this next year. Water rights and environmental quality issues were discussed. They discussed annexation dialog, sale of illegal fireworks, pubic works contracting and bidding (capital leases), and Recreational fees. There will be legislation to limit the need for public hearings to raise some Recreational fees; therefore, not all Recreational fee increases would require advertisement. Mayor Larsen asked Richard Horner to review the revenue potential of the several options of liquor being sold in the City. Without a State liquor store, the State would allocate liquor tax funding to the City based on population. In 2002 and 2003 the City was allocated $74,914 based on the allocation from liquor stores to help with the problems that liquor cases to the Community. If the allocation was based on population, the City would have received $317,278 from the State Liquor dispensary. Richard Horner estimated that the allocation under the former example would be over $400,000 in 2004. Rexburg has been a dry City since June, 1947. The City could send a letter to the Governor to ask the State to remove the Liquor Store from Rexburg. The County did not adopt the dry County option; however, they did request that the Cites make that determination. City Attorney Zollinger indicated that a majority vote by the Rexburg residents to allow liquor by the drink would be required to remove the dry status. Council Member Erickson discussed the possibility of checking with the State Liquor Commission to change the State Statute for revenue sharing of taxes from liquor sales. It is costing the City money to have the State liquor store under the current rules. City Attorney Zollinger indicated that the distribution of liquor within our Community (Rigby, Ririe, Fremont County, Mudlake) establishes the level of City liquor related problems. Everyone in the surrounding area comes to Rexburg on the weekends to have a good time. He indicated that for every dollar spent on liquor, there is a statistical association with liquor related problems. Mayor Larsen indicated that a letter would have to be written to the Governor and the State Liquor Dispensary to request a review of the funding allocation. The Council discussed how a Liquor store obtains a license from the State Liquor Dispensary. Mayor Larsen asked the Council to approve Aaron Lofthouse (BYU-I student) to the Trails of Madison County Committee and Justin Meredith (BYU-I student) to the Downtown Vision Committee. Council Member Fullmer moved to approve the appointments; Council Member Anderson seconded the motion; all voted aye, none opposed. The motion carried. Mayor Larsen mentioned that he attended an America’s Promise Conference and he reported that he won a raffle for a $500 membership to a web site called “Grantstation.com” that is for assisting in the writing grant applications. Council Member Erickson thanked John Millar for cleaning the property on West Main Street near the Hwy 20 exit to Rexburg. He mentioned the repairs that were made to a culvert that was flooding on 7th South when a property owner irrigated his property by that water system. The culvert was repaired to contain the water from leaking onto 7th South and 5th West. He mentioned that the abandoned property on 2nd North was mowed by the City crews. Mayor Larsen referred the Council to the Customer Service work order list that is being maintained by City Staff to track complaints and issues of concern in the City. There is also a Project Update form that the Staff will use to track the progress of City Projects. Council Member Fullmer thanked the Council and many others in the Community for being patient on the Comprehensive Plan Map process. Council Member Erickson mentioned a developer, who is planning a development on College Avenue that would be a candidate for the Redevelopment planning concept. He asked the Council to encourage the development of this type of redevelopment concept. Mayor Larsen mentioned that Tom Hudson would like to update the City Council on the input he has received from the Downtown meetings when he comes back to town on the 18th of October. He mentioned that Tom Hudson’s meetings were very well received by the Downtown Businesses. The Mayor will put Tom on the agenda for the 20th of October. Council Member Young mentioned a nice article that Tom put in the local paper concerning the redevelopment of the downtown area. Council Member Young asked if Counties get liquor funding for the sale of liquor in their jurisdictions. Mayor Larsen indicated that they do receive allocations along with the Cities in Idaho. The total allocation for Madison County including the Cities in Madison County is $153,000 dollars for 2003. Mayor Larsen read a proposed Resolution 2004-21 to support a Community Center in the City of Rexburg. The grant from the Kroc Foundation would be for a $30,000,000 Salvation Army facility in the City. The Kroc Foundation is still considering updates to seven applications received before the deadline. The original deadline has already passed. The City has not received official notice to be included in the application process. City Attorney Zollinger indicated that the Resolution would create a long standing policy for the City. It allows the City to partner with other entities like the Kroc Foundation for the construction of a Community Center or other joint venture. Council Member Benfield moved to approve RESOLUTION NO. 2004-21 and have Mayor Larsen deliver (email) the Resolution and application for the grant to The Salvation Army Ray and Joan Kroc Corps Community Center Grant Committee; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. RESOLUTION NO. 2004-21 A RESOLUTION ESTABLISHING THE POLICY BY WHICH THE CITY OF REXBURG WILL SUPPORT THE CREATION OF A COMMUNITY CENTER WITHIN THE CITY OF REXBURG. WHEREAS, the City of Rexburg owns and operates numerous properties throughout its jurisdiction; and WHEREAS, the City Council within the parameters established by State and Local laws and regulations, has the exclusive prerogative for determining how those properties will be put to use; and WHEREAS, the City Council does under particular circumstances have the ability to cooperate with certain entities in developing community infrastructure for the enhancement of the Rexburg area; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rexburg shall consider all Qualifying Request for use of City Owned Property with respect to the creation of a community center; BE IT FURTHER RESOLVED, that in order to be considered a Qualifying Request, the entity making the request must have a recognized national charter or a state recognized organization having a minimum of 25 members within Madison County, and having existed for no less than 5 continuous years within the area, and be considered by the City Council to be a community service related organization; and BE IT FURTHER RESOLVED, that any Qualifying Request will need to establish a plan by which the Community Center would be created, and the level of participation that would be required by the City on an ongoing basis; and BE IT FURTHER RESOLVED, that the City Council is currently prepared to donate up to 15 acres of the property known as the Louisiana-Pacific to the purpose of creating a community center in conjunction with any qualifying partner. PASSED By the Council and APPROVED By the Mayor this 6th day of October, 2004.  Shawn Larsen, Mayor ATTEST: ________________________ Blair D. Kay, City Clerk Adjournment