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HomeMy WebLinkAbout1992.04.15 CITY COUNCIL MINUTESCity Council 04/15/92 7:30 P. M. State of Idaho] County of Madison (ss City of Rexburg) Those present: Mayor: Nile Boyle Council Members: Glen Pond Farrell Young Jim Flamm Bruce Sutherland Nyle Fullmer Excused: Brad Liljenquist City Clerk: Rose Bagley Finance Director: Richard Horner Attorney: J. D. Hancock A motion was made by Jim Flamm to approve the minutes with a couple of changes which he indicated. Discussion on sending out letters on Millhollow and the council asked the mayor to send the letters out. Nyle Fullmer asked about the piece of property between Shoshone and Millhollow. J. D. Hancock said he talked to the title company and the property is deeded to the developer. They will get the quick claim deed to the city. The mayor said John Millar will draw up the plans to change the road in that area. We cannot barricade the road because we can't close a public road unless you hold a public hearing.. The motion was seconded by Bruce Sutherland to approve the minutes. All Aye RE: PAWN BROKER ORDINANCE - 2ND READING (DISCUSSION) Mayor Boyle read the Pawn Broker Ordinance for the second reading. Chief Siepert was at the meeting to discuss the ordinance and answer any questions. The intent of the ordinance is to get ahead of the game. They have no problem right now with the two pawn shops, they have been very cooperative. It is all voluntary. If they choose not to give us records we could not enforce it. it is almost weekly that we are dealing with pawn items. Other cities have run into problems to the point that it almost got beyond control. He would like to put in some rules to protect us in the future. The Pawn Broker business is a certain amount of risk. They buy the property and we find it is stolen property and impound it and it is hard for them to collect restitution. Down the road as it gets harder and harder to collect restitution, we might loose that relationship. The important thing in the ordinance is we have the right to deny a license if we can prove that the individual shouldn't be in that business. They also must furnish us with a clear readable copy. Discussion on leaving the license fee the same as it is. Another part of it is retention of the property for a minimum of 15 days. There have been thefts from pawn shops. Farrell Young asked if the Pawn Shop owners had read the ordinance and asked if we would destroy our relationship with them if we passed the ordinance. He felt we should review it with the Pawn Shop owners. Blair said he would take copies to them to read and review it with them. Jim wanted that done before the next reading of the ordinance. Nyle Fullmer stated that this same thing is being done in other cities, so it isn't new. Blair said the ordinance is about the same as Idaho Falls has. J. D. Hancock told the council that Officers Archibald, Lewis and Smith had talked to him about it and if the Pawn Brokers had not had the slips on file they could not have traced the merchandise. The want a waiting period on retention and a readable copy. RE: READING OF ORDINANCE 731 ANNEXING 8 1/2 ACRES JUST NORTH OF THE WALMART PROPERTY Mayor Boyle read ordinance 731 annexing 8 1/2 acres just north of the Walmart property for additional stores. This would be contingent upon the purchase of the property. c~ 1 ORDINANCE NO. 731 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE MADISON COUNTY-REXBURG COMPREHENSIVE PLAN 2000 TO SHOW SUCH ANNEXATION AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by councilman Nyle Fullmer and seconded by Bruce Sutherland that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 731. Those voting aye: Nyle Fullmer Glen Pond Farrell Young Bruce Sutherland Jim Flamm Those voting nay: none Absent: Brad Liljenquist Ordinance 731 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Bruce Sutherland and seconded by Nyle Fullmer that ordinance 731 be passed. Those voting aye: Those voting nay: Absent: Nyle Fullmer Glen Pond Farrell Young Bruce Sutherland Jim Flamm None Brad Liljenquist The roll showed all councilmen present voting "Aye" carried, the mayor declared that the majority of all members of the city council had voted for the passage of said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. The mayor told the council the AIC Conference was June 17 to 10. They all had the information in their folder. He told them if any of them wanted to go they need to get the application in to the city hall. RE: PROCLAMATION FOR IDAHO ILLITERACY WEER Mayor Boyle read a letter from The Rexburg Area Illiteracy Program asking us to make a Proclamation for Idaho Illiteracy Week from April 27 to May 2. A motion was made by Bruce Sutherland and seconded by Jim Flamm to authorize the mayor to make the Proclamation. All Aye. RE: JOINT OWNERSHIP & USE OF FIRE EQUIPMENT AND ASSETS The mayor and Richard reported on a meeting they had with the Madison County Fire District. There was a law passed by the Legislature permitting joint ownership as well as joint use of Fire equipment and assets. We will be able to own equipment together and the rating bureau will accept that. We will be able to reduce the number of fire engines we have from 6 to 4. This will be a savings of about $40,000 to $50,000 each per year. This city would need to buy a new fire engine, but we would own it jointly and they would pay half and we would pay half. We can buy a new engine and can sell two of our old ones and sell a third when the new engine comes. We need to set a public hearing for the first meeting in May. Mayor Boyle read the notice of the public hearing. (copy on file) Jim Flamm asked if we should keep our equipment to allow for growth. The mayor said earlier this year the people in Archer had asked about putting a sub station in their area. The cost would be about one-half million dollars. If we grow enough for another station, that would be too far out. The equipment that we need to get rid of is old. RE: STOLEN GARBAGE CONTAINERS ~~ The mayor told the council we had a few reports of stolen garbage cans. The cans are owned by the City. We don't have any ordinance to make the residents responsible for them. He asked the council to think about it. RE: DISCUSSION OF NEW MIDDLE SCHOOL- CURB & GUTTER, ETC. The mayor told the council we had a meeting with the school board. They have requested not to cover the ditch and there is nothing we have to make them cover the ditch. That is the school's decision. They have also requested to not put in curb and gutter at this time, but would give us a letter stating they would put in curb and gutter when the street is finished. Jim Flamm said they have limited funds and would like to take some of the money to make a safer drop off zone closer to the school. Jim and Bruce said they were in agreement with them. Nyle said the only way he would agree to it is if it was in writing. Glen Pond thought we should do the first block now on both sides. At a later date no one from this council might be around to remember there is a letter. J. D. Hancock said funding might be a problem in the future. The mayor said we would be having the first hearing on the South Arterial road in about six weeks. Doug Ricks was going to come to the meeting to discuss the A-frame signs on the sidewalk, but didn't arrive. RE: PROCUREMENT FOR ECIPDA FOR THE SENIOR CITIZEN CENTER The mayor said we need the procurement for ECIPDA and the architect for the Senior Citizen Center. We voted on the architect in the minutes at an earlier meeting. When we applied for the grant, which we got, we didn't meet the specifications as required for the procurement of the architect and ECIPDA. The Budget Committee had already met with Jeff Sommers individually. "The City sent request for proposals to provide administrative services for the Madison Senior Citizen Center to: Disadvantage Business Assistance Center Roger Turner Terry Hawley ECIPDA The City received one proposal to provide administrative services from ECIPDA. ECIPDA has extensive experience in administrating these type of projects. A motion was made by Glen Pond and seconded by Nyle Fullmer to enter a contract with ECIPDA to provide administrative service for the Madison Senior Citizen Center based on the information in their proposal." Those voting aye: Glen Pond, Nyle Fullmer, Farrell Young, Bruce Sutherland, and Jim Flamm. Those voting nay: none. Absent: Brad Liljenquist. RE: DISCUSSION OF THE WASTEWATER TREATMENT PLANT - (CANAL COMPANY) The mayor discussed the Wastewater Treatment Plant. (In reference to the canal company shutting the water out of the canal without telling us so we continued to discharge into the canal as a result many fish were killed.) It was unfortunate; we found out why EPA are concerned about the ammonia in our effluent. Farrell Young asked if we had any liability. The mayor said we didn't because the South Fork of the Teton River does not have a minimum flow requirement. The irrigators are completely within their right to completely shut the river off. Farrell Young asked if it would be a courtesy to let our sewer people know when they were going to shut it off. DISCUSSION OF NAMES FOR THE CITIZEN ADVISORY COMMITTEE The mayor said we have several names for the Citizen Advisory Committee. He read the names. Glen said there were too many people on the list to have a workable group. Bruce Sutherland suggested that we get someone from the college to serve on the committee, because they are one of the largest users. --1 1~ COMPLAINT AGAINST NAME CHANGE OF 4TH N. TO TECHNOLOGY WAY The mayor read a letter from Marjean Mallard complaining about 4th North being changed to Technology Way. (letter on file) He asked the council to think about it. Glen Pond reminded the council that we had already decided at the last meeting. RE: DAMAGE TO TREES ON 2ND E. - DISCUSSION ON NEED FOR A TREE ORDINANCE Nyle Fullmer told the council that Bruce Williams had a tree chopped down on 2nd East and he wanted to know who was responsible to replace the tree. Bruce Sutherland said Randall Porter had a tree from in front of his house on 2nd East knocked out by a car. The mayor said they were paid for by the city so they are city trees. Jim Flamm said if we replace those trees, what will we do in the future. Bruce Sutherland said we need a tree ordinance. (discussion) Jim suggested that we go 50-50. Glen said he thought we should limit it to 2nd East. Bruce was asked to check on it because he worked on the project before. The council agreed to go 50-50. RE: FOLLOW UP REPORT ON DISPOSAL OF ANIMALS • Nyle reported on a follow up on the budget for the disposal of animals. The total budget is $1500 to $2000. If we double the length of the stay it will double the budget. The policy is if an owner makes the police aware that they will be coming for that animal, they will hold it for an extended period of time. Those people were aware that they had that cat and did not say anything about coming down to get it. His recommendation was to leave the ordinance as it is. Jim Flamm asked about following up on estimates on curb and gutter on Technology Way. A motion was made by Glen Pond and seconded by Farrell Young to pay the bills. All Aye Meeting adjourned. Mayor, Nile L. Boyle City Clerk, Rose agl `"-~ Marian Mallard P.O. Box 281 Rexburg, Idaho 83440 April 15, 1992 RF: The seemingly random changing of street names: ie: 4th North to Technology Way. Dear Mayor and City Council Members: I would liKe to express a dissenting vote on your decision to change the address of 4th North to Technology Way. In an earlier conversation with Mayor Boyle I expressed concern for the evident lacK of consideration to those who already reside on the street in question. I am employed in one of the Government Agenci.ps located at 269 Fast 4th North Cwhich have a large number of envelopes printed at the taxpayers expense with a 4th North address). At no time were the three agencies located on 4th North asked if a name change would be beneficial or acceptable. We are located on the corner of 4th North. It appears that for the California based computer company to build here they may have to install a short street to their building, maybe that could be named Technology Way. To rename a street after a person or companies request without contacting other businesses is not good. Especially when that name directly 'cies the street name to that particular business. My husband is employed in the emergency services field and at one time was a volunteer with the Rexburg/Madison County Fire Department. It was my understanding that the reason for street n~.tmbers was to aid emergency vehicles in locating the emergency. This would hp trlaP. whether in the county or the city. Do we throw out the numbering system that works for the whims of others. If so, Rexburg has several streets that could be renamed for buildings along them or for incidences happening on them. This could really open the gates for requests for name changes that Rexburg is not ready for. I would greatly appreciate your reconsidering this matter, and I know that my co-workers feel the same way. If you were to contact the three agencies involved in this name change you would receive a dissenting Vote. Just a side note: The agency down the hall has receive notification of a name change. Are the rest of us? ~~ ~~~:~~ r