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HomeMy WebLinkAbout2004.06.09 CITY COUNCIL MINUTES (2) CITY COUNCIL MINUTES CITY OF REXBURG Draft June 09, 2004 7:00 A.M. STATE OF IDAHO ) : ss. County of Madison ) Present were the following: Mayor: Mayor Shawn Larsen Council Members: Paul Pugmire - Excused Donna Benfield Nyle Fullmer Rex Erickson - Excused G. Farrell Young Garth R. Oakey Financial Officer Richard Horner P&Z Administrator: Kurt Hibbert City Clerk: Blair D. Kay PFC: John Millar - City Attorney: Stephen ZollingerExcused Pledge to the Flag 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 June 02, 2004 meeting – Deferred Approval to a future meeting B.Approve the City of Rexburg Bills Council Member Young questioned a billing for over $63,000 from Keller and Associates concerning the transportation study on the South Rexburg Arterial. He asked if the County would be paying ½ of that billing. It is only a partial payment for the total study. Mayor Larsen 1 mentioned that Keller and Associates have requested an additional contract on the next design phase of the South Rexburg Arterial project. There has not been a decision to proceed with that phase of the project at this time. There are ongoing negotiation and discussions with them concerning the next phase. Richard Horner indicated that the billings for their work on the study will cost about $150,000 to $160,000 this year. The total cost of the study was $188,000. Richard indicated that it was a shared billing with the County. Council Member Young moved to approve the bills; Council Member Benfield seconded the The motion carried. motion; all voted aye, none opposed. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) nd Ryan Belton – 570 South 2 West, Apt. #1, reviewed their plans for the Charity Bowl. Ryan asked the Council to allow the co-sponsorship of the Charity Bowl with the City. This would allow the event to be covered by the City’s liability insurance. They have invited all the non profit charities in the Community to participate. There are 8 charities have expressed an interest to participate; The American Cancer Society and the Family Crisis Center will be two of the charity participants. Each charity will have a booth to provide information on their particular organization to the public. The have made changes to the days events. They are starting with a 5K walkathon at 12:00 p.m. that will end at the Madison High School baseball diamonds where the High School team will play volunteers from the Fire Department and the Police Department. In the evening they plan to use Smith Park for a free outdoor concert. Ryan mentioned that City Attorney Zollinger referred them to the Council for approval to be included on the City’s liability insurance policy. Minutes from May 05, 2004 nd Ryan Belton – 570 South 2 West Apt. 1 – discussed the “Charity Bowl” on August 14, 2004. Several events are planned with an outdoor concert in the evening. The Charity Bowl is to inform the Community about the local charities. The Outdoor concert would have local bands playing music. The public attendance is free. They may ask for a donation of $2.00 to $3.00 to cover expenses. They plan to have Charities set up information booths at the Concert. The main goal is charity awareness. He asked to use the Smith Park from 5:00 p.m. to 10:00 p.m. on August 14, 2004. The Council discussed the possibilities of participating in the event. Council Member Young mentioned that the City could participate in a similar fashion as they did with the recent Teton Dam Marathon Race that was held June 05, 2004. Police were used to keep the runners safe from traffic. There could be announcements through the news papers and City Hall. Ryan Belton indicated that he is working with Jack Bowman on a route for the 5K walkathon. Jack will review the route with the Police Department and the Fire Department. The press releases will be handled by Chris Carson, the Marketing Manager for the event, who works with the Standard Journal. 2 Council Member Young suggested that they contact the radio stations in the area. Mayor Larsen indicated that they have contacted Kate Howard of the Eastern Idaho Special Services Agency to participate in the event. Council Member Benfield suggested that they contact the Madison County Community Council that meets on the third Thursday at 8:00 a.m. in the Conference Room in the new hospital. The agencies that are being discussed for this event meet in this Community Council. Mayor Larsen asked Ryan if they will have a waiver of liability (standard release form) for the participants of the walkathon. He asked them to involve the City in the promotional material so the City logo could be display as a co-sponsor of the event. Ryan Belton indicated that the walkathon will start at Smith Park at noon and then return to Smith Park in the evening for the concert. Council Member Benfield asked Ryan if BYU Idaho was involved in the event. Ryan indicated that they are not associated with BYU-Idaho with this event. They will seek additional sponsors in the near future. New Business: Notice of Election – Establish $4,000,000 Bond Election details Mayor Larsen read portions of the “Notice of Election” to the Council. He noted that the voting locations have been limited to keep the cost lower. The normal precinct locations were not available due to cleaning and refurbishing of the buildings for the School District. The citizens will be voting at an assigned location for their particular precinct. *********************************************************** CITY OF REXBURG Madison County, Idaho NOTICE OF SPECIAL BOND ELECTION NOTICE IS HEREBY GIVEN that pursuant to Ordinance No. 924, adopted on June 9, 2004, of the City of Rexburg, Madison County, Idaho, a Special Bond Election will be held in said City on TUESDAY, AUGUST 3, 2004 between the hours of 8:00 o'clock A.M. and 8:00 o'clock P.M., for the purpose of voting upon the question and proposition of issuing general obligation bonds for the purposes of financing the costs of the acquisition and construction of an outdoor swimming facility, and related costs (the "Project"). The estimated cost of the Project is $4,000,000, all of which costs are from the proceeds of the proposed bond issue. The question to be submitted to the electors shall be by ballot reading substantially as follows: 3 SHALL THE CITY OF REXBURG BE AUTHORIZED TO INCUR AN INDEBTEDNESS AND ISSUE AND SELL ITS GENERAL OBLIGATION BONDS TO THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,000,000 TO PAY THE COST OF ACQUISITION AND CONSTRUCTION OF AN OUTDOOR SWIMMING FACILITY, AND RELATED COSTS, THE BONDS TO MATURE AND TO BE PAYABLE FROM A LEVY OF TAXES OVER A TERM WHICH MAY BE LESS THAN BUT WHICH SHALL NOT EXCEED THIRTY (30) YEARS, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 924, ADOPTED ON JUNE 9, 2004? The following information is required by Section 34-440, Idaho Code: The City has outstanding revenue bond indebtedness in the amount of $2,190,657. The City has no general obligation debt. The interest rate anticipated on the proposed bonds is 5% per annum. The range of anticipated rates is from four percent (4.0%) to eight percent (8.0%) per annum. The total amount to be repaid over the life of the proposed bonds, principal and interest, based on the anticipated interest rate, and is estimated to be $7,806,172. The ballot proposition for the special bond election will be separate from any other measure being voted upon at any election being held and conducted on the same date. Only those qualified electors casting valid ballots upon the proposition set forth above will be counted in determining the number of qualified electors voting at or participating in the special bond election. Registered voters may vote at the following voting place: 1) City Hall 2) Cotton Tree Inn Conference Center 3) Veterans Hall nd 12 North Center (Chamber of Commerce Bldg) 480 West 2 North th Rexburg, Idaho 420 West 4 South Rexburg, Idaho Rexburg, Idaho Every citizen of the United States, eighteen (18) years old or older, who has been a bona fide resident of the City for at least thirty (30) days immediately prior to the date of election, if registered as provided by law, shall be qualified to vote at the special bond election. Any qualified elector who, because of illness, disability, or expected absence from the City on the date of election, will be unable to vote at a designated polling place on the day of election, may apply to the City Clerk for an absentee ballot. The application must be in writing, must be signed personally by the applicant, and must contain the name of the elector, his/her home address, and the address to which the ballot shall be forwarded. An application for a mail-in absentee ballot must be received by the City Clerk not later than 5:00 p.m. on the sixth day before the election. An application for in-person absentee voting at the absent elector’s polling place described in Section 50- 448, Idaho Code, must be received by the City Clerk not later than 5:00 p.m. on the day before the election. Application for an absentee ballot may be made by using a facsimile machine. The City’s facsimile number is (208) 359-3022. The Madison County Clerk is Registrar of the City of Rexburg, and the place of registration is the Madison County Courthouse, 134 East Main, Rexburg, Idaho. Persons may register on each business day at any time during office hours continuing to July 09, 2004. Persons may also register at the office of the Rexburg City Clerk as Deputy Registrar until July 09, 2004. 4 Any person who is eligible to vote may register on election day by appearing in person at the polling place established for the special bond election, by completing a registration card, making an oath on the form prescribed by law, and providing proof of residence in the manner provided by Section 34-408A, Idaho Code, as amended. No qualified elector who is duly registered as a voter, and who continues to reside at the same address or within the same precinct, in which he or she is registered, shall be required to re-register. If, at the special bond election, two-thirds (2/3) of the qualified voters voting at the election assent to the issuance of bonds for the purposes set forth in Ordinance No. 924, the general obligation bonds of the City will be issued for such purposes, which bonds will mature annually over a term which may be less than but which will not exceed thirty (30) years from the date of the bonds, will bear interest at a rate or rates, be in such denominations, be payable in such order, and be subject to such prior redemption as shall be determined by the Mayor and Council in the ordinance authorizing the issuance of the bonds, and will be payable from taxes levied upon all taxable property within the City. DATED as of the 9th day of June, 2004. CITY OF REXBURG Madison County, Idaho ___________________________________ Shawn Larsen, Mayor ATTEST: ______________________________ Blair D. Kay, City Clerk Bill 924 – Approve an Ordinance for the Bond Election August 03, 2004 Council Member Young asked if the City employees could be used as workers for the election. The City Clerk indicated that it will be necessary to hire workers and to have multiple screening tables in the locations where multiple precincts will be assigned to vote. Council Member Benfield asked if voters could vote absentee as always. The City Clerk indicated that the voters will be able to vote absentee at City Hall. Council Member Oakey asked if business owners inside the City, and living outside the City would be allowed to vote. The City Clerk indicated that they have to be residents of Rexburg at least 30 days before the day of the vote. People living in the County will not be allowed to vote in a City election. Council Member Fullmer indicated his strong reservations having enough money to relocate the Tennis Courts. He was concerned with the location of the tennis courts if they were to be 5 relocated out of Porter Park. Council Member Young indicated that there has been a request to relocate the tennis courts from Porter Park to the High School. The High School Administration (Tennis Coach) is working on a plan to have a 6 tennis court complex. They could use the 2 tennis courts from Porter Park to help with 2 of the 6 tennis courts. The High School could build 2 of the 6 tennis courts. The remaining 2 courts would come from other sources. Council Member Benfield indicated that she had been approached on the same issue. She was told that if the City would provide two of the tennis courts, the School would put together a proposal for the remaining four tennis courts. Mayor Larsen indicated that the land deal with the City and the School District had set aside land for tennis courts at the High School facility. There is a plan to expand the ball diamonds to the west into the vacant area. Council Member Oakey indicated that the High School location was the ideal location for the ball diamonds and the tennis courts for the School. At the present time, tennis tournaments have to be shuttled around the Community’s different tennis court locations. Council Member Fullmer mentioned a letter from Tom Kennelly concerning the operating budgets and other issues that the Council is not addressing. He is concerned with the size of the voter turnout in an August election. A small number of voters may make the decision for the rest of the residents verses having the vote in a November election. There were concerns expressed with pre-empting the School Bond election by Council Member Fullmer. The Community will never vote to raise there taxes twice in 90 days. He suggested going with a smaller bond to accomplish that same thing. A parking lot will cost ¼ of a million dollars and it will only be utilized 90 days out of the year. He suggested working for a long term solution of the Recreational needs of the Community by picking a location for the project that can utilize the parking lot for multiple uses other than for an outdoor pool facility. Previous City Council thought that the Louisiana Pacific property was a perfect place to do some long term expansion. He suggested that the Louisiana Pacific property would be a central location for the Community in a few years as the Community expands and develops. Council Member Oakey mentioned that it may be 15 to 20 years away for that kind of expansion. Council Member Fullmer expressed a view for Staff that the City could double in 5 to 10 years. He mentioned the ongoing discussions with Sugar City concerning the area to the north of Rexburg that is being planned for new growth. He mentioned that a 50,000 square foot building could be built for a million dollars. The building could be finished off for an additional $500,000 to a $1,000,000. He compared that size nd of building to the new Deseret Industries Complex on 2 East. The City could have indoor basket ball, indoor soccer, and indoor hockey. There all kinds of activities that are not geared towards and indoor fitness center. It would open up an awfully lot of opportunities. He suggested to have less money for the outdoor pool and spend some money on infrastructure at the Louisiana Pacific property. 6 Council Member Benfield mentioned that passage of the Bonding Ordinance today does not indicate a location for the pool. Mayor Larsen mentioned that the Ordinance does not identify the location; however, it does specify that maximum amount allowed for the bond at $4,000,000. Council Member Benfield indicated that the location could be discussed further if there is a better location brought forward for the pool. Council Member Oakey asked for more information on the comment that was made about spending closer to $2,000,000 and the rest of the money being spent on amenities. Council Member Fullmer was concerned with building a Mercedes Bends water park for Southeastern Idaho. Council Member Benfield indicated that the $4,000,000 bond would be the absolute maximum that the City would want to build. The City would have to spend less than the $4,000,000 to cover unexpected cost overruns and other costs. Most projects take more funding than is originally budgeted for the project. This discussion would take place in the design phase of the project. Maybe a $3,000,000 facility would allow a buffer for unexpected expenses. Council Member Young suggested that it could only be around a $2,000,000 project if it were to be built in an area like the Louisiana Pacific property where extensive ground work would be necessary. Council Member Benfield mentioned that the Council needs to pay special attention to the indebtedness of the Community. She would rather come in under budget than over budget. The fact remains that the City really needs to provide a swimming pool for the Community in the current time frame. Mayor Larsen agreed with Council Member Belfield’s comments. He disagreed with the comment that it was short sided and a quick decision on the Council’s part to look at an outdoor pool in Porter Park. He indicated that he and the Council have looked into the options for a swimming pool extensively. Council Member Oakey indicated that some of the Council Members reviewed the options for an outdoor pool at a Nashville Convention. It appears to be the best option for the Council to pursue in this point in time without additional problems and expenses. The bond, whether $3,000,000 or $4,000,000 will only make a $1.00 per month difference to the average household. The City would have a much greater facility with a $4,000,000 facility. It would give the facility a much greater chance of supporting itself rather than being subsidized by the City. It may help pay for the complex in advance. He mentioned exploring the option of having a call provision in the bond to pay it off early. Council Member Fullmer mentioned that it may be short sided to only look at a location in Porter Park with no ability to try and expand on what the Council would want to approve over 7 there instead of looking for a site that has more expansion capability. Mayor Larsen agreed with the comment if there were no other plans for park development; however, the City does have other plans to develop the Louisiana Pacific property. The City has submitted for a direct Congressional appropriation to develop a green area, including ball diamonds and soccer fields at the Louisiana Pacific property. The Council has thought long term with long range plans for what would be successful in the area. This aquatic center does fall within the long range plans for the Community. Council Member Young mentioned that his person contacts have been running 15 in favor and 5 against the facility in Porter Park. Council Member Oakey indicated that the local residents by Porter Park were concerned with losing parking for their homes if the pool was constructed. At first they were against the expansion of Porter Park; however, when they learned that a parking lot would be added in the Park for the facility, they were in favor of the project. They supported the idea of using green space for parking. Council Member Fullmer indicated that he would vote for the Bond Ordinance; however, he did want to voice his concerns with the location of the proposed pool. Mayor Larsen mentioned that this decision is not being made lightly. Everyone on the Council has had many diverse comments. It is a lot to ask to increase the taxes for the Community. Council Member Oakey reiterated the concerns of having two tax increase proposals within 90 days. He wondered if the public would think it was being sneaky before the School Board takes action on their proposal to expand the building program for the School District. Mayor Larsen indicated that he visited with Dr. Thomas yesterday and they discussed the bond for the pool quite extensively. They discussed having a joint meeting with the Council and the th School Board on the 14 of July to discuss these issues. It will be a good opportunity to look at more collaboration on what ever takes place for the Community. Council Member Oakey mentioned his discussions with senior citizens that wanted to support the pool bond to help the children of the Community have an adequate swimming pool facility, even though they are struggling to live on Social Security. Council Member Benfield indicated that her conversations with seniors were offering the same opinions. Mayor Larsen asked for a motion on the Bonding Ordinance. Discussion on the need to have a full Council before the motion of the Bonding Ordinance is offered. Council Member Oakey moved to suspend the rules for the reading of the Ordinance 924; Council Member Benfield seconded the motion; 8 Those voting ayeThose voting nay Donna Benfield Nyle Fullmer G. Farrell Young Garth R. Oakey The motion to suspend the rules carried. Discussion on the timing for the election and the cost difference if the election is held in the November General Election. The bond election would cost about $5,000. Council Member Benfield asked for more time to vote on the Ordinance. Council Member Oakey concurred that it would be good to have more time. Discussion on the possibility of moving the vote to the evening meeting. Mayor Larsen mentioned that the Council could read the proposed Ordinance into the record. BILL NO. 924 AN ORDINANCE OF THE CITY OF REXBURG, MADISON COUNTY, IDAHO, ORDERING A SPECIAL BOND ELECTION TO BE HELD ON THE QUESTION OF THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY IN THE AMOUNT OF NOT TO EXCEED $4,000,000.00 TO PROVIDE FUNDS TO FINANCE THE CONSTRUCTION AND FURNISHING OF AN OUTDOOR SWIMMING FACILITY AND RELATED COSTS; ESTABLISHING THE DATE, TIME, AND PLACE OF THE SPECIAL BOND ELECTION; APPROVING A FORM OF BALLOT AND A FORM OF NOTICE OF ELECTION; PROVIDING FOR PUBLICATION OF NOTICE OF ELECTION; PROVIDING FOR REGISTRATION OF VOTERS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Rexburg, Madison County, Idaho (the "City") is a municipal corporation duly organized and operating under the laws of the state of Idaho; and WHEREAS, the Mayor and City Council (the "Council") of the City have determined that the interests of the City and the public interest and necessity require the incurring of an indebtedness of the City in the amount of not to exceed $4,000,000.00 to finance the cost of acquisition and construction of an outdoor swimming facility, together with costs incident thereto; and WHEREAS, the proposed indebtedness would exceed the City's income and revenue provided for the current fiscal year, and the Council has determined that the necessary funds should be raised through the issuance and sale of general obligation bonds of the City, subject to the approval of two- thirds (2/3) of the qualified electors voting at the election called for that purpose as provided herein below. 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO, as follows: Section 1: THE PROJECT A. The Mayor and Council hereby find, determine, and declare that the interest of the City and the public interest and necessity require the incurring of an indebtedness exceeding the income and revenue provided to the City for the current fiscal year in the amount of not to exceed $4,000,000 for the purpose of paying the costs of acquisition and construction of an outdoor swimming facility, including necessary professional services and related costs (the "Project"). B. The cost and expenses of the acquisition, engineering, legal fees, construction, and installation of the Project are estimated to be $4,000,000, including the payment of all preliminary expenses incurred and incident to the Project and properly incident to the issuance of the bonds as such expenses are set forth in Idaho Code Sections 50-1019 through 50-1026A. C. Subject to the following subparagraph, the acquisition, construction, and installation of the Project as described above are hereby ordered. D. Subject to the approval thereof by the qualified electors voting at the election for which provision is hereinafter made, general obligation bonds of the City shall be issued pursuant to the provisions of Idaho Code Sections 50-1019 through 50-1026A, inclusive, and Title 57, Chapters 2 and 9, Idaho Code, in the amount of not to exceed $4,000,000, to pay the costs of the Project. Section 2: SPECIAL BOND ELECTION A special bond election is hereby called to be held within the City of Rexburg on August 3, 2004, for the purpose of voting upon the proposition set forth in Section 4 of this Ordinance. The polling places for the special bond election shall be as follows: 1) City Hall 2) Cotton Tree Inn Conference Center 12 N. Center (Chamber of Commerce Bldg) th Rexburg, Idaho 420 West 4 South Rexburg, Idaho 3) Veterans Hall nd 480 West 2 North Rexburg, Idaho The City Clerk shall appoint an election judge and election clerks for each polling place for the special bond election. The election officials shall be qualified City electors. The City Clerk shall 10 notify the election officials of their appointment within five (5) days following their appointment. If any election official fails to report for duty on the date of election, the City Clerk shall fill such vacancies from among the qualified electors presenting themselves to vote. Section 3: ADMINISTRATION OF ELECTION The polls of the special bond election shall open at the hour of 8:00 o'clock A.M. on August 03, 2004, and shall remain open continuously on said day until the hour of 8:00 o'clock P.M., at which time the polls shall be closed. The administration of the election shall be conducted in accordance with Chapter 4 of Title 50, Idaho Code, as amended, except as provided by Section 50- 1026, Idaho Code, and in accordance with this Ordinance. The ballot proposition to be voted upon at the special bond election, as set forth in Section 4 of this Ordinance, shall be separate from any other proposition being voted upon at or in conjunction with any other election being held and conducted on the same date. Only those qualified electors of the City casting valid ballots upon the proposition set forth in Section 4 of this Ordinance shall be counted in determining the number of qualified electors voting at or participating in the special bond election. Section 4: BALLOT PROPOSITION The proposition to be presented to the qualified electors of the city shall be in substantially the following form: CITY OF REXBURG Madison County, Idaho SPECIAL GENERAL OBLIGATION BOND ELECTION August 3, 2004 INSTRUCTIONS TO VOTERS: In order to vote IN FAVOR of the proposed bond issue, please make an X or other mark in the space to the right of the words "IN FAVOR OF issuing bonds to the amount of not to exceed $4,000,000 for the purposes stated in Ordinance No. 924." In order to vote AGAINST the proposed bond issue, please make an X or other mark in the space to the right of the words "AGAINST issuing bonds to the amount of not to exceed $4,000,000 for the purposes stated in Ordinance No. 924." If you, by mistake or accident, mark, deface, mutilate, or otherwise spoil this ballot, please return it to an election official and obtain another ballot. SHALL THE CITY OF REXBURG BE AUTHORIZED TO INCUR AN INDEBTEDNESS AND ISSUE AND SELL ITS GENERAL OBLIGATION BONDS TO THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,000,000 TO PAY THE COST OF ACQUISITION AND CONSTRUCTION OF AN OUTDOOR SWIMMING 11 FACILITY, AND RELATED COSTS, THE BONDS TO MATURE AND TO BE PAYABLE FROM A LEVY OF TAXES OVER A TERM WHICH MAY BE LESS THAN THIRTY (30) YEARS, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 924, ADOPTED ON JUNE 9, 2004? IN FAVOR OF issuing bonds to the amount of not to exceed $4,000,000 for the purposes stated in Ordinance No. 924[ ] AGAINST issuing bonds to the amount of not to exceed $4,000,000 for the purposes stated in Ordinance No. 924[ ] The following information is required by Section 34-440, Idaho Code: The City has outstanding revenue bond indebtedness in the amount of $2,190,657. The City has no general obligation debt. The interest rate anticipated on the proposed bonds is 5% per annum. The range of anticipated rates is from four percent (4.0%) to eight percent (8.0%) per annum. The total amount to be repaid over the life of the proposed bonds, principal and interest, based on the anticipated interest rate, and is estimated to be $7,806,172. Section 5: ELECTION EXPENSES The City Clerk is hereby authorized and directed to procure a sufficient number of ballots and such other supplies and to incur such expenses as shall be appropriate and necessary for the proper conduct of the special bond election. Section 6: QUALIFIED ELECTORS Every male or female citizen of the United States, eighteen (18) years old or older, who has been a bona fide resident of the City for at least thirty (30) days immediately prior to the date of election, if registered as provided by law, shall be qualified to vote at the special bond election. Section 7: REGISTRATION All electors must be registered to vote at the special bond election. The Madison County Clerk is the registrar for the City, and voter registration shall be conducted pursuant to the provisions of Section 34-1402, Idaho Code. No qualified elector who is duly registered as a voter, and who continues to reside at the same address or within the same precinct, in which he or she is registered, shall be required to re-register. 12 Persons may register at the office of the Madison County Clerk as Registrar, at the Madison County Courthouse, 134 East Main, Rexburg, Idaho, or at the office of the Rexburg City Clerk, as Deputy Registrar, at Rexburg City Hall, Rexburg, Idaho, during office hours, until July 09, 2004. Any elector, who will complete his or her residence requirement or obtain the requisite voting age during the period when the register of electors is closed, may register prior to the closing of the register. Any person who is eligible to vote may register on election day by appearing in person at the polling place established for the special bond election, by completing a registration card, making an oath on the form prescribed by law, and providing proof of residence in the manner provided by Section 34-408A, Idaho Code, as amended. Section 8: SAMPLE BALLOTS The City Clerk shall cause the ballots for the special bond election to be prepared and cause to be printed sample ballots containing the question to be submitted, which sample ballots shall be in the same form as the official ballots to be used, except they shall have printed thereon the words "Sample Ballot," shall be on paper of a different color than the official ballots, and shall not be numbered. The City Clerk shall furnish copies of the same on application at his/her office to anyone applying therefor. The sample ballot shall be published at least twice in the official newspaper of the City, the last publication to be within five (5) days of the special election or on the last available publication date prior to the election. Section 9: NOTICE Notice of the special bond election shall be given prior to said election date by publishing notice of the election in a newspaper having general circulation within the City, once each week on the same day of each week for five (5) successive weeks, prior to the date of the special bond election, which notice shall be in substantially the form of Notice of Election which is annexed hereto as Exhibit "A" and by reference made a part hereof. Section 10: CANVASS The Mayor and Council shall meet within six (6) days following the special bond election, or at such time to which said meeting is continued, at the regular meeting place of the Council at the Rexburg City Hall, Rexburg, Idaho, for the purpose of canvassing the results of the election. Thereupon, the results shall be entered in the minutes of the Council and proclaimed as final. Section 11: DEBT DISCLOSURE STATEMENT A brief official statement containing the information required by Idaho Code Section 34-440, 13 as amended, shall be prepared by the City Treasurer. Section 12: GENERAL OBLIGATION BONDS If, at the special bond election, two-thirds (2/3) of the qualified electors of the City voting therein vote in favor of the issuance of the bonds for the purposes set forth herein and designated on the aforesaid ballot, fully registered general obligation bonds of the City shall be authorized, issued, sold, and delivered. The full faith and credit of the City will be pledged for the payment of the principal of and interest on the bonds. The bonds will be paid from annual taxes levied upon all taxable property within the City in sufficient amount to constitute a sinking fund for the payment of the principal thereof, together with the interest on the bonds as it falls due, within a term which may be less than but which shall not exceed thirty (30) years from the date of the bonds. The officers now or hereafter charged by law with the duty of levying taxes for the payment of the bonds and interest thereon shall, in the manner provided by law, make annual levies upon all taxable property within the City sufficient to meet the annual payments of bond principal and interest accruing and maturing as hereinabove provided. All bonds shall be issued in the form and manner, and shall be registered, disposed of, and redeemed, in accordance with the provisions of Sections 50-1019 through 50-1026A, Idaho Code, and Title 57, Chapters 2 and 9, Idaho Code. Section 13: OFFICERS AUTHORIZED The officers of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 14: RATIFICATION All action heretofore taken, not inconsistent with the provisions of this Ordinance, by the Mayor and Council, and the officers of the City, directed toward acquisition, construction, and installation of the Project and the issuance of general obligation bonds of the City therefor, and for the holding of a special bond election, are hereby ratified, approved, and confirmed. Section 15: PUBLICATION This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code, 14 substantially in the form annexed hereto as Exhibit "B," shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. DATED this 9th day of June, 2004. CITY OF REXBURG Madison County, Idaho _________________________ Shawn Larsen, Mayor ATTEST: ___________________________ Blair D. Kay, City Clerk ( S E A L ) Council Member Young moved to approve Ordinance 924; Council Member Oakey seconded the motion; Discussion: Council Member Benfield asked to carry the motion on to the meeting tonight for the total Council to have a vote. Council Member Young withdrew his motion with permission of the second; He indicated that he would make the motion at the evening meeting. Approve the applications for Fire Works Stands FIREWORK APPLICATIONS FOR COUNCIL American Promotional Events, Inc. P. O. Box 1222 Bozeman, MT 59711-1222 Wal-Mart #1878 nd 530 N. 2 East Broulims Market = 124 W. Main Beehive Bookstore nd 259 N. 2 East Albertson’s nd 490 N. 2 East Bruce Weaver 3452 E. 4000 North Kimberly, ID 83341 15 Kentucky Fried Chicken nd 568 N. 2 East Dino-Mite Fireworks 115 Taft Ave. Pocatello, ID 83201 Valley River Center 135 Valley River Center Jared Jensen 1898 W. 3000 South Rexburg, ID 83440 Taco Bell Main Street next to Taco Bell Rexburg Auto Center nd 565 N. 2 East Rexburg, ID 83440 By side of building Council Member Fullmer moved to approve the applications for fire works stand; Council Member Young seconded the motion; all voted aye, none opposed. The Motion Carried. Old Business: A)Bill 923 – (second reading) - Proposed Annexation of five properties into the City of Rexburg as noted: 1) Futures of Idaho requesting annexation of 2 parcels south of Taylor Chevrolet. th 2) Brian D. Partridge requesting annexation of 1 parcel on 658 East 7 North. th 3) E. Joy Huskinson requesting annexation of 1 parcel on 668 East 7 North. th 4) Randi & Karen Fogle requesting annexation of 1 parcel on 705 East 7 North. th 5) Ted Whyte requesting annexation of 1 parcel on 863 South 5 West. Council Member Young moved to approve the second reading of the Bill 923 for annexations; Council Member Benfield seconded the motion; all voted aye, The motion carried. none opposed. Public Hearings: None Old Business: None 16 City Council Report: - None A. Council Member Young – B.Council Member Pugmire – C. Council Member Benfield – D. Council Member Fullmer – E. Council Member Erickson – F. Council Member Oakey – Mayor’s Report: Mayor Larsen mentioned that Tom Hudson had a town meeting last night that was well attended. Council Member Benfield asked if he would be able to come to another meeting today at noon. She thought his efforts were fantastic. Mayor Larsen read a letter from Bryce Rydalch expressing his thoughts concerning the future of Rexburg. Report on Projects & Quick Wins: None Tabled requests: Commercial Design Standards (tabled) (Commercial Design Standards (draft) Ordinance 907 second reading) Proposed Ordinance 911 for booting cars (tabled) Council Member Benfield moved to recess the meeting until 6:30 this evening; Council Member Oakey seconded the motion; all voted aye none opposed the motion carried. Those voting ayeThose voting nay Donna Benfield None G. Farrell Young Garth R. Oakey Nyle Fullmer Adjournment 17