HomeMy WebLinkAbout1991.12.18 CITY COUNCIL MINUTES~~
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City Council
12/18/91
7:30 p.m.
State of Idaho )
County of Madison :ss
City of Rexburg )
Present were the following: Mayor: Nile Boyle
Councilmember: Brad Liljenquist
Glen Pond
Nyle Fullmer
Darlene Peterson
Farrell Young
Also present: J.D. Hancock, Attorney
Richard Horner, Treasurer
Absent: Bruce Sutherland
Janet Williamson was present to take minutes in the absence of Rose
Bagley, City Clerk.
Pledge to the flag.
A motion was made by Glen Pond and seconded by Farrell Young to approve
the minutes. All aye.
RE: EXTRA GARBAGE PICK - UP DISCUSSED
It was discussed whether or not the City should have an extra garbage
pickup during the holidays. It was decided that the City would have an
extra pick up on December 26th and 27th and January 2nd and 3rd.
RE: SPECIAL HONOR PLAQUES PRESENTED
The Mayor presented a special Honor Award Plaque was presented to
Daniel S. Hess and Chuck Frost in recognition of and thanks for their
many years of fine service on the planning and zoning board. Mr. Hess
has served 13 years and Mr. Frost 14 years. Glen Pond said that these
two individuals have really made a contribution to the City through the
planning and zoning board. There was an Honor Award Plaque for Chris
Mix (9 years of service on the planning and zoning board) but she was
absent. The Mayor will present that to her.
There was also a special plaque presented to Darlene Peterson for 16
years on the City Council. The Mayor thanked her for all the years of
fine service she gave to the City.
RE: AUDIT REPORT
The next item of business was to go over the audit. Brad Reed of Rudd
and Co. expressed appreciation for being able to do the audit and for
all the cooperation they received from the office. Page 1 and 2 is
their report. The rest is financial statements prepared under
Richard's guidance and upon accepting it they are your financial
statements and they state their opinion on those as they have audited
those numbers. The opinion that they have is an unqualified opinion
which is a clean report. He then proceeded to briefly explain the
report. A copy of the report is available at the City Clerk's office.
Glen Pond moved that we approve the audit and Nyle Fullmer seconded the
motion. All aye.
RE: ARCHITECT PROPOSALS FOR SENIOR CITIZEN CENTER - SUNDBERG &
ASSOCIATES WERE GRANTED THE BID.
The Mayor said that we have the architect proposals for the Senior
Citizen Center. We were thinking of building a Senior Citizen Center
in combination with the Seventh District Health. The total cast to the
Seniors for that one was going to be up around $275,000.00. We decided
to keep it within their budget and looked at a couple of buildings to
remodel. The most advisable is the old bowling alley owned by Ralph
Hall down on 2nd West. Three architectural firms have submitted
proposals:
Dixon / Watson $8,500
Ratzlaff & Assoc. $8,200
Sundberg & Assoc. $8,000
They have been reviewed by the personnel committee. Glen Pond
recommended that they take the lowest bid. The mayor said that would
be the Sundberg and Associates bid of $8,000 to provide the
architectural fees for the Senior Citizens Center and it would be
contingent on obtaining the property and a successful bid for the
grant. Nyle Fullmer seconded it. The Mayor wanted to mention that
this is the Senior Citizens project and will be owned by the Senior
Citizens but it will be the City that is going to have to apply for the
grant and okay the architectural plans. The money will be out of grant
funds. Call for a vote: All aye.
RE: DISCUSSION OF SENIOR CITIZEN CENTER AND FUNDING OF IT. MOTION
PASSED TO LOAN THEM MONEY FROM THE REVOLVING LOAN FUND.
The Mayor said that Mary Smith has a first mortgage on this piece of
property for just over $100,000.00 that is on a 7~ pay off (interest
rate) that she is willing to transfer from the present owner to the
Senior Citizens so the only thing that we will need to do is let the
Senior Citizens borrow $25,000.00 from the revolving loan fund that
would collect interest and have to be paid back, mostly from grants.
To get the money going and to get the property in the name of the
Senior Citizens there is a second mortgage to SBA, there are some
back taxes and the realtor fees that will have to be paid and we can
pay all of those for about $23,500.00. We do need the Council's
approval to loan the money from the revolving loan fund. Brad
Liljenquist asked what the time table was on the grant. The Mayor said
the application had to be in by the 28th and we would know on it by
March. Farrell Young asked how many Senior Citizens are involved. It
was thought it was in the 100's in the Winter and much higher in the
Summer when the Sunbirds were here. The building is definitely big
enough to handle that large of a group. The building is appraised at
$215,000.00 and they have come down to $125,000.00. The main
remodeling would be on floor coverings and to put in a first class
kitchen that is required by the health department and to check the
heating and the wiring and the air conditioning. The roof is in really
good condition and the whole building have been very well maintained.
There is plenty of parking and we have applied for an easement with the
railroad so they would have another entrance other then 2nd West.
Farrell asked how their officers are chosen and the Mayor said they are
elected. Rolland Lovgran is President. Brad Liljenquist asked if
they do not get a grant how are they going to pay back the revolving
loan plan? If they missed it one time they probably would for sure get
it the second time. Sally Smith said the building is approximately
7,300 square feet. Glen Pond moved that we go ahead and loan them the
money out of the revolving loan fund at 8~. Brad Liljenquist seconded
the motion. All aye.
RE: POST OFFICE REQUEST TO CHANGE NAMES OF SOME CITY STREETS
The Post Office department came to P & Z and recommended that the
street names be changed up on 350 and 450 South. They feel it is
confusing to the County numbering system. The ordinance on street
naming says it isn't 400 S., 200 S., etc. but 4th South and 2nd S. etc.
yet some of our own signs say 400 and those need to be changed first.
The Mayor asked the Council to take this matter under consideration.
RE: BEER LICENSES APPROVED
Beer Licenses presented for approval were:
The Liquor Store (contingent on our receiving County License)
Albertsons
Rexburg Food Center
Payless Drug
K & R Lanes
Maverik Country Store (2nd W)
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Brolims
Maverik Country Store (2nd E)
Circle K (contingent on our receiving County License)
Nyle Fullmer moved that we approve the beer license applications
contingent on receiving the County License and Brad Liljenquist
seconded the motion. All aye.
RE: REPORT FROM J.D. HANCOCK ON THE ASSOC. OF ID. CITIES ATTORNEY'S
MEETING.
J.D. Hancock reported on the Association of Idaho Cities Attorney's
meeting that he attended. Topics discussed were:
1. The Green River Ordinance update - ours is very adequate.
2. Tax increment financing - the Rexburg Redevelopment Agency
proposal. We are the 3rd City in the state to try that.
3. Ethical considerations for City Attorney's.
4. Negligent misrepresentation and other exemptions under the
Idaho Torts Claims Act. There is a specific exception under the Idaho
Torts Claims Act for negligent misrepresentations of city employees and
therefore the city escapes any liability because of this provision in
the statute. The negligent misrepresentation exception also applies to
any assaults, batteries, false imprisonments, or malicious prosecution
suits filed against the city. That may have some applicability to the
case that we are faced with where we just denied the tort claim at the
last City Council meeting.
5. Computerization - update on computer technology.
6. Preventing Environmental Claims - especially important for our
sewer lagoon and sewer treatment facility problems, and our waste site
(sanitary landfill) problems. Super fund clean up's were discussed.
Also crop dusting at airports and control of crop dusters by airport
boards, etc.
7. Model Public Records Ordinance - most felt that state law was
sufficient.
8. Update on distribution of fines and forfeitures - everything
is going to be held in abeyance for the next two years and the State
Supreme Court committee is going to study trial court financing and
make a recommendation to the Idaho State Legislature for the
legislative session commencing 1994 as to how we should fund our
courts. They will use the same formula for disbursement of funds but
they are not going to make any recommendations for changes. The supreme
court and all the trial court judges are in favor of the state funding
of trial courts rather then the present system of the bulk of the
funding being generated by the fines being collected.
9. Impact fees
10. General discussion about other issues faced by city
attorneys. Areal concern throughout the state now is counties facing
bankruptcy because of the high cost of defense work for murder trials.
They are searching for ways of having a state wide funded public
defender system so that when these capital punishment cases come up
they won't bankrupt the counties.
RE: DISCUSSION OF PLAN CHECK FEES
The next item of discussion was plan check fees. Before we had a full
time building inspector, we had the rule that plans for a structure
larger than a 4-plex that wasn't drawn by an architect would be plan
checked and if they are plan checked they have to pay 65~ of the
original building inspection fee for that plan check. Now Terry
Leishman feels that he can adequately plan check these plans and
there is no reason to have someone else do it for 65~ when Terry could
do it for about 20~. Also, under our current system if they come in
with a licensed architect we don't charge anything to plan check them
and yet Terry still has to spend a considerable amount of time
inspecting the plans. We would like the Council to take it under
advisement for some fair way to do it. The impact on revenue would not
effect us that much. Terry feels he is qualified to do the simpler
plans.
RE: IMPACT ZONE COMMITTEE APPROVED
Recommendations for an Impact Zone Committee are:
Nile Boyle Scott Mortensen
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Glen Pond Richard Smith
Nyle Fullmer Gerald Jeppeson
Brad Liljenquist moved that they approve this committee and Farrell
Young seconded the motion. All aye.
RE: PASSING OF THE FAIR HOUSING RESOLUTION #91.10
Mayor Boyle read the Fair Housing Resolution. (Resolution #91.10)
Nyle Fullmer moved that they approve the resolution and it was seconded
by Darlene Peterson. All aye.
RE: SECOND READING OF ORDINANCE 728
Mayor Boyle read for the second reading Ordinance 728
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OR REXBURG, IDAHO,
APPROVING THE NORTH HIGHWAY URBAN RENEWAL PLAN WHICH PLAN INCLUDES
REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO
TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO
COUNTY AND STATE OFFICIALS; AND PROVIDING AN EFFECTIVE DATE.
Brad Liljenquist asked if they had decided on a time table or method of
financing. Glen Pond said they are just looking in to doing it in
increments. The last legal hearing will be Friday, December 27th at
noon. Glen Pond will not be able to be there.
RE: REPORT ON THE STATUS OF THE RECYCLING PROGRAM
Farrell Young asked for a report of the status of the recycling
building by Penney's. Still need to do some work on it. They did
take the sign down. Farrell asked about the bins over by Brolims and
no one seems to know who is getting the money from them. The Carousel
would like their signs off of them.
RE: QUESTION ON THE DISTRIBUTION OF THE CITY DRUG POLICY
Nyle Fullmer said he is concerned about t he Drug Po licy that we added
to the personal manu al and wondered if it was ever disbursed to all the
employees. Richard said it has been sent to Boise and after it gets
back and is reviewed by the attorney's we will get it out to everyone.
Nyle Fullmer suggested that we change the hook up rates for Deloy
Ward for the one single hook up that he has for Argus Clinger.
Discussion followed this suggestion but nothing was decided.
Nyle Fullmer moved that they approve the bills. It was seconded by
Brad Liljenquist. All aye.
It was moved to go in to executive session by Nyle Fullmer and seconded
by Darlene Peterson. All aye.
Adjourned to executive session.
Nyle Fullmer moved that they return to regular session. Brad
Liljenquist seconded the motion. All aye.
Darlene Peterson moved that they adjourn. Brad Liljenquist seconded
the motion. All aye.
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Mayor, Nile L. Boyl
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City Jerk, Ros agle