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HomeMy WebLinkAbout1991.12.18 CITY COUNCIL MINUTES~~ ~~ u 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) ~~ 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 ~~ 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. ':~~-~ Mayor, Nile L. Boyl ~, City Jerk, Ros agle