HomeMy WebLinkAbout1992.04.15 CITY COUNCIL MINUTES (2)C~
City Council
05/06/92
7:30 P. M.
State of Idaho)
County of Madison( ss
City of Rexburg
Present were the following:
President of Council: Glen Pond
Councilman: Farrell Young
Jim Flamm
Nyle Fullmer
Bruce Sutherland
Brad Liljenquist
Excused: Mayor Nile Boyle
City Clerk: Rose Bagley
Attorney: J. D. Hancock
Finance Director: Richard Horner:
Pledge to the Flag.
RE: DISCUSSION, CHANGING, & PASSING OF PAWN SHOP BROKER ORDINANCE #732
Pawn Shop Broker Ordinance No. 732. Chief Siepert was at the meeting
to discuss the ordinance. They had made a few minor changes. Since the
last meeting they had met with the two owners of the Pawn Shops. They
had two or three meetings and compromised on the issues. They had made
two or three changes. Starting on page 3 under the old one the license
fee was broken down and we changed it to Fees for licenses issued under
this Chapter shall be as set forth in the City of Rexburg's business
license ordinance.
Paragraph (A) on the same page - an accurate description would be
sufficient and there was not a problem with that.
Paragraph (B) In the last sentence Acquired or received at the
storekeeper's place of business.
Paragraph (D) The owners felt it would be impossible to do. Blair said
if he bought something, he would want a receipt. They do give them a
cash register receipt. We do request their name and address. We have
removed that paragraph, we will still get a receipt on weapons.
Item 12 page 3 - There was concern that any officer could go in and tie
up the business anytime, but Blair would designate and appoint a
police officer.
Item 14 retention of property changed from 25 days to 5 days.
Mr Kunz, pawn shop owner asked if there would be any compensation for
the cost of the the receipts sent to the police station. He was
concerned about the coat involved in providing a receipt. Blair said
his feeling was we shouldn't get involved. He did not know where that
money would come from, but if they have to provide a receipt. one extra
copy should not be a big cost item.
Mr Kunz stated that the county provides some compensation for the
receipt. The cost is $160 or $170 per year for all the receipts
printed. It needs to be clear who will pay the extra cost with a
fourth copy. It would be about 1/4 more on the cost. Blair said their
concern is that they provide a readable copy. Mr Runz said they had
provided the copy on a volunteer basis but this would change to be
mandatory.
Jim questioned the seconded page paragraph 4 - new or second hand
items. He questioned number 23. It was discussed and Blair explained
it.
ORDINANCE 732 AN ORDINANCE DEFINING TERMS USED IN THE ORDINANCE;
REQUIRING LICENSES FOR PAWNBROKERS, SECONDHAND PRECIOUS METALS DEALERS
AND SECONDHAND STORES: ESTABLISHING LICENSE FEES; REGULATING
PAWNBROKERS, SECONDHAND PRECIOUS METALS DEALERS AND SECONDHAND STORES;
REQUIRING LICENSES FOR SCRAP DEALERS; ESTABLISHING A LICENSE FEE;
REGULATING SCRAP DEALERS: REGULATING THE STORAGE OF SCRAP BY SCRAP
DEALERS; PRESERVING PROSECUTION UNDER PRIOR ORDINANCES; PROVIDING FOR
SEVERABILITY OF THE SECTIONS AND SUBSECTIONS OF THIS ORDINANCE; AND
SETTING FORTH THE EFFECTIVE DATE OF THIS ORDINANCE.
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A motion was made by Nyle Fullmer and seconded by Jim Flamm to approve
the ordinance with the minor changes.
Those voting aye: Nyle Fullmer
Jim Flamm
Bruce Sutherland
Farrell Young
Brad Liljenquist
Those voting nay: none
The roll showed all councilmen present voting "Aye" carried, Glen Pond
Council Chairman declared that the majority of all the members of the
City Council had voted for the passage of said ordinance was duly and
regularly passed. Glen Pond declared the motion carried.
RE: APPROVAL OF PURCHASE OF PROPERTY NORTH OF THE RIVER FOR A WELL
Next item on the agenda was approval of purchase of property north of
the river for a well. Glen told the council we had looked at one piece
of property that would have cost us about $21,000, which had a couple
of septic systems on the property. When we talked to the engineers it
would not be acceptable. There is another piece of property that has
been offered to the city that is just behind the property that would
tie in well with our current line that runs out to the fire hydrant.
(copy of map of property attached) Glen said what we need from the
council is the purchase of that property for the well. Glen said the
well was in the original plan, we either had to take a water line
across the river or put in a well. Eventually we would need a well on
that side and felt that this would be the time to put the well in. We
had originally looked at some property owned by the LDS Church, but
they were not interested in selling us the property. The property we
are interested in buying is just North of the road going out to Basic
American Foods. We have an ingress and egress easement that would go
with that property. Glen said the property was 200' by 100'. Jim and
Nyle stated that they had a struggle with the price of the property.
Bruce asked if the price was negotiable. The council felt they should
take it under advisement and table it until the next meeting.
Clayter Forsgren clarified the size of the property. It is 210' x 200
it would be an acre, so there would be more land. J. D. Hancock stated
that there is some urgency in getting the property for the well.
Clayter told the council to run a new bigger line you would have to tie
into possibly by Smith Park you are talking about many many more
dollars than purchasing the property for the well. If you drill a well
you need to have it close enough to tie into it without going to far.
This property is big enough for a well and for your future storage
tank. You couldn't find a better piece of property other than one that
might be closer and they couldn't find one closer. Basically it is
between the two pieces of property and one has had two septic tanks on
it and you can't drill a well within 100 foot radius of the septic
tanks.
Glen Pond asked if the council would reconsider because of the
urgency. Bruce Sutherland said he did fell better about it because
there is more land than they first thought.
A motion was made by Bruce Sutherland to give the mayor the right to
purchase the property. Richard Horner said the money would come from
the water fund and then paid back with the Re development agency.
Seconded by Farrell Young All Aye
RE: DISCUSSION OF L.I.D. ON CORNELL
Next on the agenda is to discuss the LID on Cornell. Clayter said we
had one or two other areas in town that have asked to be included in
the LID that will set us back about 10 days.
Ms Williams asked how much it would cost. Clayter said the only thing
we have is the estimates that were presented before and we won't know
until we get the bid. If the bid is more than the estimate we will
give the residents a chance to come in and talk about it to see if they
want it or not. She asked if there was a percentage on how much the
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home owners pay. Richard told her the policy is the city will pay 1/2
on curb and gutter. Glen said he did not think that was correct.
Richard said that is what we have been doing. (discussion on curb and
gutter)
A question was asked if they would put in new water lines and gas lines
when they do the street. The lines are 34 years old and we don't want
a new street and then have it dug up. Nyle Fullmer said he probably
would like it done like 2nd East. Bruce told them 2nd East was done
with Federal Funds. Glen Pond said that was not in the original plan
for Cornell. Clayter said that he thought on Cornell the utilities go
down the back of the street. (discussion on the lines) They asked
about replacing the street.
It was asked when we would have the bids. Clayter told them it would
not be until about the end of June.
Farrell Young suggested that we need to find out what the people on
that street want. Glen Pond stated that we need to see what we have in
the budget this year to replace the street.
There was a concern that some of the people have had sewer problems and
they would like the sewer line looked at. Clayter said he would have
John Millar look at the sewer line. If anyone has a problem with sewer
or water they need to let us know. Farrell Young stated that if more
needs to be done than is in the budget we might need to postpone the
project until we can put enough money in the budget.
A question: can they put gutters in before they put in a new street?
The gutters are usually put in first. Jack Van Houten asked if the
pipe would be put in under the driveway approach again, he was told no.
Richard Horner looked up the estimate from last summer and it was only
for curb and gutter. If the people on that street want more than that
they need to let us know.
RE: PUBLIC HEARING - COMBINING ASSETS OF REXBURG CITY & MADISON
COUNTY FIRE DEPARTMENTS
8:00 P. M. Public Hearing the City of Rexburg and Madison County Fire
Protection District propose to enter into an agreement providing for
the joining use, ownership and operation of the assets and property of
the two entities.
Rex Larson explained. There was a bill passed in the Legislature which
enables the City and County to combine their equipment and property.
It will save both the city and county. Over a 5 year period we will
save about $50,000 saving for each entity. The Fire District does not
need new equipment but they have been putting aside money to purchase
equipment. We can rotate equipment, every 5 years there will be a new
truck ordered for the City and Fire District bought jointly. We will
be able to rotate the trucks every 20 years. The $50,000 savings will
be an on going by buying jointly. Anew truck costs $200,000. The
budgets will be figured separately.
Glen Pond stated that there would be another Public Hearing July 1.
There not being any more questions the hearing will be closed.
RE: PETITION CONCERNING ACCESS TO REAR PROPERTY BY PARKVIEW AREA
RESIDENTS.
We have a petition from the homeowners from Park View Area (copy
attached) concerning some access to their property from the rear
property line. There is a sub division going into the south of Park
Street. They are requesting an easement to go behind their property.
Glen Rowberry- He is a resident of Park Street. He built his house in
1961. There is a 15 foot easement with a buried phone, over head power
line and T.V. line. The home owners were not aware of this and they
have landscaped and put fences on the property line. If they have to
service the lines the residences will have to tear out their fences and
landscaping. The fences have been. built under a city permit. They
feel there should be an easement on the south aide of the utility lines
so it doesn't interrupt everyone on Park Street.
Another comment was the power line feeds the church house. If that
line goes down it would be nice to have an access to the line. We want
the easement changed to the undeveloped ground. Nyle Fullmer told him
that if everyone has built on top of the easement it did not change the
legality of the easement. The councilman explained that there are
utility easements all over town and residents have built fences and
landscaped on the easements and will have to tear them out if there is
a problem. Bruce told him it was a private matter.
Brad told them when you bought your property, the easements are inside
the property lines, that is typical.
Mike Reed - they understand the power poles and telephone line is south
of the easement and he wanted the easement to come further south to
include that. Brad told him the issue is to move the easement and that
is between the property owners and utilities. The city cannot help.
Nyle suggested that they have it surveyed to check out where the
easement is.
Another comment - a lot of the fences were put in on an old barb wire
fence line. If a fence has been standing 50 years that should
constitute the property line.
Mr Rowberry - He understood if the power company is delayed by fences
or landscaping they can sue the residents. He was told that the city
has nothing to do with it.
Glen Pond said the utilities have to have access to the utilities. If
you have built on the easement they will remove what ever is on the
easement to get to their utility at your expense. All the city does is
approve the plat originally. We have approved the preliminary plat for
the new sub division. Most easements are on both properties.
Nyle told them he did not think the new sub division is bound to keep
an easement open. Clayter told them for years they use to put an alley
behind houses, but because of the junk collector most cities say no
more alleys. No utility will put in their lines unless they have a
legal easement. Every sub division has to have an easement. When the
new sub division goes in they will have an easement.
Nyle said he got the impression that the people on Park Street aren't
so much asking for an easement to the south but you want an access into
your property.
Bruce said the new sub division will probably have an easement, but it
will not change the fact that you have an easement on you property and
you are responsible for the easement serving your house.
Clayter told them he did not think there had been a sub division put
in the city in the last 30 years that did not have an easement.
Everything is in the back yard, and most of them are landscaped and
have fences on the easement.
After more discussion, Glen Pond told them there is nothing the city
can do. He told them they could come in when the final plat is
presented for the new sub division. The access will have to be
negotiated with the Hendersons.
RE: REPORT FROM PLANNING & ZONING
Jim Flamm gave a report from Planning & Zoning.
One item from Planning & Zoning was the Walker Preliminary Plat, they
have recommended that we approve the preliminary plat.
A report on the Hospital Master Plan. A report on the School. The
Planning & Zoning recommended that they comply with the curb and gutter
requirement. They also felt that the ditch should be covered.
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RE: MOTION PASSED TO ACCEPT THE NEW PRELIMINARY PLAT FOR THE WALKER
SUB DIVISION
A motion was made by Jim Flamm to accept the new preliminary plat for
the Walker Sub division. Seconded by Nyle Fullmer. All Aye
RE: DISCUSSION OF & NEED FOR AN ARCHITECT FOR THE SENIOR CITIZEN CENTER
Jeff Summers representing ECIPDA was at the meeting. The city is
processing the Senior Citizen application. They are in the process of
remodeling the old bowing alley and they are in need of an architect to
draw the plans He presented a summation. In December the city ask for
proposals from architects. The proposals were to be based on three
items.
(1) Overall Quality of the Proposal, (2) Consultant Qualifications and
Experience, (3) Availability and Capacity of the Consultant.
The State of Idaho under the Community Block Grant program have
tightened up on procurement. The motions have to be written as an
actual account as to what was done and show everything the council did
instead of just a motion and have the documents in the file. Out of
six firms, three responded, Dixon-Watson Associates, Gary Ratzlaff,
Sunburg & Associates. Each firm had a grading sheet that members of
the council and Mayor Boyle assigned points to each firm. The points
were added up and Sunberg & Associates was the highest with 91.5.
Jeff's recommendation to the city was to have a motion based on this
information to proceed and negotiate a contract based on the proposal.
Nyle Fullmer asked if we were required to go with the recorded score.
Jeff told him we were or you would have to announce it again and go
through the whole process again.
Nyle and Jim questioned the architect firm. They suggested that we
should consider Dixon and Watson, because John Watson had done many
projects for the city at no cost and put a lot back in the city. He
remembered that we originally voted on the least expensive firm. In
the past we have had to go with the least expensive, but we have found
that we do not have to go with the lowest bidder for Professional
Services. Farrell said he would have gone with Dixon and Watson as
well.
Jeff said if the criteria for the evaluation is changed we must go back
through the process. It would be a one month delay. It would not
affect the availability of the funds.
A discussion followed on the evaluation and ranking of the architects,
the help that Mr Watson has given the city, the awarding to the lowest
bidder instead of choosing any firm because they would like them to do
the work. It was felt that we should not expect professional services
with out paying them.
Glen pointed out that we should not make a decision because a firm or
person has contributed and helped the city. He was not comfortable
with what he was hearing.
(insert)
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December 3, 1991 the City of Rexburg sent a reyuest for proposals
for architectural services for L-he Madison Senior Citizen Center to
• architectural firms in the area. The firms were given notice they
wopld be evaluated according to tl~e following factors:
- 1. Overall Quality of the Proposal ~0~
2. Consultant Qualifications and Experience 60~
3. Availability and Capacity of the Consultant ,3Q~
to Respond
Are their any yuestions concerning the evaluation criteria?
The firms notified were:
John Watson
Dixon-Watson Associates
31l0 B Street
Idaho Falls, Idaho 83901
Disadvantaged Business Assistance Center
280 North 8th Street Suit~206
Boise, ID 83;02
Alderson & Karst
' Architects
980 Park Avenue, Suite 7
Idaho Falls, Idaho 83901
Garry Ratzlaff
Architect, AIA
POB 2105
Pocatello, Idaho 83206-2105
Collard, eeyeler & Bentzen
Architects & Engineers
255 "B" Street, Suite 300
Idaho Falls, Idaho 83202
Sundburg & Associates, Inc.
Architects
POB 2370
Idaho Fa11s,~Idaho 83903
Three firms responded with proposals.. They were
Dixon-Watson Associates
Garry Ratzlaff
Sundburg ~ Associates.
All the proposals were reviewed and ranked individually by Mayor
Boyle, Glen Pond, Farrell Young, and Bruce Sutherland. These are
the individual rankings which are available here.and at city hall.
The average of all the individual rankings are:
Dixon-Watson Associates
1. Overall Quality of the Proposal. 6$
2. Consultant Qualifications and Experience ~'~
3. Availability and Capacity of the Consultant 27.5
to Respond
Total 80.5
Garry Ratzlaff
1. Overall Quality of the Proposal L2~
2. Consultant Qualifications and Experience 96,25
3. Availability and Capacity of the Consultant X1.25$
to Respond,
Total 77.5
Sundburg & Associates
1. Overall..Quality of the Proposal ~.25~
2. Consultant Qualifications and Experience ~$
3. Availability and Capacity of the Consultant 28.25
to Respond
Total 91.50
The firm receiving the highest percentage is Sundburg & Associates
with a 91.50 percentage.
I recommend the City Council proceed with the procurement of an
architect for the Madison Senior Citizen Center by making a motion
to enter a contract with Sundburg & Associates based on the
information contained in their proposal.
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RE: MOTION PASSED TO PROCURE SUNDBERG & ASSOC. AS THE ARCHITECT OF
THE NEW SENIOR CITIZEN CENTER
A motion was made by Farrell Young to go ahead with the procurement of
Sundburg and Associates ae the Architect of the new Senior Citizens
Center and approve the procurement as written. Seconded by Bruce
Sutherland. Those voting aye: Brad Liljenquist, Farrell Young, Jim
Flamm, Bruce Sutherland, Nyle Fullmer.
A motion was made by Brad Liljenquist and seconded by Nyle Fullmer to
approve the bills. All Aye
Brad Liljenquist asked if the letters had been sent out to the property
owners on Millhollow. The city clerk told him they had been mailed.
A motion was made by Brad Liljenquist and seconded by Nyle Fullmer to
adjourn. All Aye.
Mayor, Nil L. Boyl
;'
City Clerk, Rose Bagle
Glen Pond announced that there would be a personnel meeting following
city council.
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April 21 , 1991 ~ ~ ~~?
. '° PARK VIEW HOME OWNERS PETITION
.•
T0; THE CITY OF REXBURG
THE OWNERS AND DEVELOPERS OF THE NEW SUNRISE ADDITION
The following property and home owners residing on the south
side of Park Street in the Park View Addition to the city of
Rexburg respectively request the new Sunrise Addition now being
developed immediately to the south of Park Street be designed to
include an easement with access on Sea Gull Drive, south of the
existing electrical power lines of sufficient width to allow
vehicle access to the rear of the Park Street homesites and the
rear of the new Sunrise Addition homesites facing Oak Street.
An easement provided as requested would be of great value to the
present home owners on Park Street and to the home owners
facing Oak Street by providing vehicle access to the rear of
their home lots for the storage or removal of personal property
or other needs. This easement would also provide easy access to
the existing electric power and cable TV poles and lines and
enhance the fire protection capability by providing fire
fighting vehicles access to the rear of the homes facing Park
Street or Oak Street.
Park Street home owners requesting the developement of this
proposed easement:
NAME ADDRESS
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