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HomeMy WebLinkAbout1993.09.01 CITY COUNCIL MINUTES~~ City Council 09/01/93 7:30 P. M. 1 State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Mayor: Councilman: City Clerk: Finance Officer: Attorney: Pledge to the flag. Nile Boyle Glen Pond Jim Flamm Farrell Young Nyle Fullmer Bruce Sutherland Brad Liljenquist Rose Bagley Richard Horner J. D. Hancock A motion was made by Nyle Fullmer and seconded by Brad Liljenquist to approve the minutes. All Aye RE: SEMINAR ON ORGANIZATION BY JOHN LUTHY DISCUSSED Jim Flamm explained a Seminar called "A Process of Organization Analysis and Strategic Development" put on by John Luthy. (all council members were given handouts) Jim felt that if we could get the City and County and Chamber together with this Seminar it might open communication process. It would also help the council and city department heads and employees. We could get the School District involved. The proposal will cost $7500. We could also get some businesses involved in paying the cost. The mayor stated that MEDCO was already trying to set one of these Seminars up. Glen Pond stated that he felt it was a worthwhile project and advised the council to read the proposal so we can get moving on it and get it done by the end of the year. Jim felt that if we could pull it off, we could pull the basic entities in together. The mayor and Jim will work with the Chamber on it. RE: NEW SWIMMING POOL DISCUSSED; BONDSMAN AND PARKING, ETC. Brad Liljenquist told the council that the Swimming Pool Committee have been meeting all the time and at the last meeting the committee got a go ahead from the council and the council passed a resolution to have a bond election for it in November. They have been meeting for the last couple of weeks and will continue to meet every week until November. Brad said the committee needs a strategy to get the information out to the people in town. They had asked Mike to prepare a year end facility report on the existing pool. (copy on file) Mike explained the report, which basically addresses some of the short falls the existing pool has. Mike felt that we are looking at the bond at being one of three ways either (1) to show that we do need a new pool, (2} fix it up, or (3) possibly do away with the pool. Brad stated in order to address the problems, part of the committee's strategy is to bring the problems up first. He felt that the first question we would be asked is "Why do we need a new pool?" Brad said we have hired a Bond Attorney. We voted at the last council meeting to hire Rick Skinner and he has done part of the work already. We don't have the Ordinance ready, but will have it ready by the next council meeting, which will still give us time to meet the publication requirements. Ted Hendricks talked about a Bond Attorney. Richard had called him and had some concerns about their selection of a Bond Attorney based on the written material we had from both Skinner Fawcett & Mauk and Davis, Wright & Tremaine, the other law firm. Richard had concerns, because on the face values of the proposals, we asked them to propose on creating a Recreation District and establishing the bond for the Recreation District, so that is what both attorneys did. When they got the proposals, Ted met with Brad and some other committee members and based on the proposals on the way they were given to them and the way they asked for the proposals, Skinner, Fawcett & Mauk was the least expensive. Cost does not necessarily have to be a factor in the selection of a Professional service such as this but often times is. There was a difference of about $500 with the two proposals, given if they would have created a Recreation District and had a G.O. Bond for that District. If they would have just picked and chose from those proposals, to just have a bond election, then there was a difference in costs. which made Mike Moore's offer less expensive also. The mayor stated that is all the city intended to do, we did not intend to do a Recreation District. When they first started soliciting help from a Bond Attorney, it was based on the creation of a District and then we changed in the middle of the stream. That is how the committee based their selection on the attorney to use, it was based on the overall thing. Skinner, Fawcett & Mauk agreed if we were not going to form a District, they would change the proposal and will drop their fees. Ted said he mentioned that at the last council meeting and they got the cost in writing yesterday from Skinner, Fawcett & Mauk for just the G.O. Bond and that cost is still less than Mike Moore proposed. Bruce Sutherland stated that he thought we had already selected a Bond Council at the last meeting and" asked isn't this the responsibility of the Council and not Richard"? The proposal from Ricks Skinner was $4450 and Mike Moore was $4500, if we would have just selected that, but they did not just talk to him about that. They had been talking to the Bonding Attorneys long before the Council said lets bag the Recreation District. Brad stated that he received a copy for the letter from Rick Skinner yesterday, and asked Ted if he gave it to him for some reason? Ted stated he would lower his fee, where he was just going to do a G.O. Bond and so he put it in writing. It is for $4450 and $500 out of pocket expenses. If the Bond Election passes, he will bill us for $4450 plus $500 out of pocket expenses, if it fails he will bill us no more than $500 plus out of pocket expenses. Brad stated that at the last council meeting we approved a resolution to engage Rick Skinner as a Bond Attorney. The mayor stated that we approved him because he had the cheapest proposal. Ted said in comparing the proposals that we received originally from both attorneys and Skinner, Fawcett & Mauk was still less money. Brad stated that we passed a resolution engaging Skinner, and the Swimming Pool Committee have been up to speed on this all the time. He asked Ted why he was here? Ted said just to clarify the situation, because Richard had been concerned that Ted had misrepresented the issues and Ted did not want the council to think that was the case. Brad asked after the council approved Skinner, was there any talk of not using Skinner because he was perceived to be higher? Ted said at one point there was discussion that we might have to reselect, but he did not think that was necessary; we have to follow State Law which the committee have done. The mayor told the council that he and Richard had made a presentation to Kiwanis Club. Bob Dabell indicated that he would vote against it unless we do a selling job and he had talked to about ten of his neighbors who would also vote against it. We have got to let them know how bad the old pool is. They think it is running fine and there is no need to change it. We have got to come up with a parking and drop off proposal. Brad stated there is no question that we have a selling job if we want it to pass. We are going to contact the Service Clubs and we are going to set up tables and booths at the schools for Back To School night, at least at the Middle School and the Junior High. We had talked about having Neighborhood Meetings, but they had ruled that out. They want to send out a flyer, similar to the one we sent out for the Sewer Bond, an information type flyer. He said he did not know what else to do to get the information out, and he and the committee are open to suggestions. i~ He had one of Forsgren's Traffic men look at the blue print of the Swimming Pool. It looks like there are three areas we could look at for parking. The Traffic guy drew in a couple of configurations real quick, based on size of parking spaces you need. We could go just north of the Carousel and the pool and he had 19 spots but we could get 20 or 21. If we did it there, we wouldn't be cutting into the ball diamond. Another possibility would be the corner with a possibility of a drop off and 6 parking spots. There are two vacant lots west across the street. Possibly we could look into purchasing those lots at the assessed valuation. Between the two lots the assessed valuation is $13,000. John Millar stated Planning & Zoning had been involved with that lot across the street and she wants $40,000 for that lot. The mayor told them we only have $9000 to spend. Bruce stated he felt that the most important thing is the drop off. Jim felt we would need the parking. (discussion on parking and drop off) Jim felt we should use both parking areas and it would give you 25 parking spots. Mayor Boyle said in Kiwanis several members that live in the county would like to be included. He had also heard that people would like some differential pricing. Brad said they had talked about that in the Committee Meeting and they passed a resolution recommending to the council that there be somekind of a two tear pricing structure. There could be two ways to do it, you could have two prices to get in on daily tickets or two different prices on season passes. The council needs to discuss and decide. RE: ORDINANCE 748 - CITY BUDGET FOR 1993-1994 PASSED 8:00 P. M. Budget Hearing- Ordinance 748 the annual Appropriation Ordinance. AN ORDINANCE ENTITLE THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 1993, TO SEPTEMBER 30,1994, AND APPROPRIATING TO THE SEVERAL DEPARTMENTS, OFFICERS AND FUNDS OF THE SAID CITY GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE NECESSARY OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL TO DEFRAY THE EXPENSES AND LIABILITIES OF SAID CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1994. The mayor asked if there was anyone at the meeting to comment on the budget. No one was at the meeting to comment. Richard Horner handed out copies of the complete budget with graphs. (on file) He explained the graphs. A motion was made by councilman Bruce Sutherland and seconded by Nyle Fullmer that the rules requiring an ordinance of general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 748. Those voting aye: Those voting nay: Bruce Sutherland Jim Flamm Nyle Fullmer Glen Pond Brad Liljenquist Farrell Young none Ordinance 748 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 Brad Liljenquist that ordinance 748 be passed. Those voting aye: Those voting nay: Brad Liljenquist Farrell Young Bruce Sutherland Glen Pond Farrell Young Jim Flamm None r ~~ The roll showed all councilmen present voting "Aye" carried, the Mayor 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. Mayor Boyle declared the motion carried. RE: RESOLUTION 93.13 CONCERNING BUDGET, PASSED The mayor then read Resolution No. 93.13 (copy on file) That the budget does not increase the tax rate in excess of that certified in the previous year. A motion was made by Brad Liljenquist and seconded by Nyle Fullmer to pass Resolution No. 93.13. All Aye RE: ORDINANCE 749 PROVIDING FOR BASE & USAGE WATER RATES; RAISING RATES Mayor Boyle read ordinance 749, providing for base & usage water rates raising rates. ORDINANCE NO. 749 AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO. 555 WHICH PROVIDES FOR WATER BASE RATES AND USAGE RATES; PROVIDING THAT WATER USAGE RATES SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. 1 A motion was made by councilman Bruce Sutherland and seconded by Jim Flamm 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 749. Those voting aye: Those voting nay: Brad Liljenquist Glen Pond Farrell Young Jim Flamm Nyle Fullmer Bruce Sutherland None Ordinance 749 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 Brad Liljenquist and seconded by Jim Flamm that ordinance 749 be passed. Those voting aye: Those voting nay: Jim Flamm Nyle Fullmer Bruce Sutherland Glen Pond Brad Liljenquist Farrell Young none The roll showed all councilman present voting "Aye" carried, the mayor 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. Mayor Boyle declared the motion carried. RE: RESOLUTION 93.14 TO RAISE WATER RATES PASSED Mayor Boyle read Resolution 93.14 to raise water rates. (copy on file) A motion was made by Bruce Sutherland and seconded by Brad Liljenquist to approve Resolution 93.14. All Aye RE: RESOLUTION 93.12 PROCLAIMING A GENERAL CITY ELECTION PASSED Mayor Boyle read Resolution No. 93.12 proclaiming a General City Election to be held November 2, 1993, designating the polling places, and designating the registrar and deputy registrar, and ordering the city clerk to give notice of such election. (copy on file) A motion was made by Brad Liljenquist and seconded by Farrell Young to approve Resolution 93.12. All Aye RE: RE-APPOINTMENT OF ROGER PORTER TO THE AIRPORT BOARD The mayor told the council we need to re-appoint Roger Porter to the Airport Board. A motion was made by Glen Pond and seconded by Bruce Sutherland to approve Roger Porter to be re-appointed to the Airport Board. All aye. RE: SWIMMING POOL CLAIMS TURNED DOWN The mayor told the council that we have some swimming Pool Claims and they have been turned down by the Insurance Company. Clair reviewed it with the Insurance Adjustor and they felt there was no negligence on the part of the city. Glen Pond stated if you use a public facility, and don't keep the rules of a public facility and get hurt, he was not sure the facility should be liable. Nyle Fullmer stated that when you go on the slide there is some assumed risk and did not think the city was liable. J. D. asked if the city caused the accident or was it carelessness on their part. (discussion) The council felt we should not pay it, because we are not liable. RE: CONTRACTORS THAT HOOK ONTO THE FIRE HYDRANTS We have a condition in the City. We have contractors that hook onto the fire hydrants whenever they want to get water and don't have to pay for the water. The bigger cities put a meter on the fire hydrants and it measures the water they use and they have to pay for it. It also prevents back flushing. The cost is $750. John Millar said he thought it was a good idea, it would make some revenue and also police who uses the fire hydrants. The council asked J. D. Hancock to check into an ordinance for this with some other cities. RE: CHOOSING A FINANCIAL ADVISOR FOR THE SWIMMING POOL BOND Richard explained to the council choosing a Financial Advisor for the Swimming Pool Bond. We have a proposal from First Security Bank and one from another Bank that was more money and twice as thick. A Financial Advisor handles all preparation of all Financial Instruments and spends a lot of time getting ready to sell the bonds and put them out for bid. They help promote the bonds, present the information, draw it up in a readable format and will participate. (copy on file) The only way they make money is to pass the Bond. If the Bond does not pass, they don't get any money. First Security Bank's fee is $7500 but if the bond does not pass there is no cost except the publications we have to do anyway. If it does pass, they want to bid on the bonds and if they get the bonds, they will waive the fee. If they don't get the bonds, they will donate the $7500 back to the pool construction. The other proposal was $5000, if the bond does not pass there is no fee but if the bond passes we still have to pay. The council felt it would be a good idea. A motion was made by Glen Pond to authorize the Mayor and Treasurer to enter into that agreement with First Security Bank, seconded by Brad Liljenquist. All Aye. RE: BIDS FOR THE TABERNACLE ROOF The Bids came in for the Tabernacle roof. The bids were all double. We called and talked to them and they are all so busy and not interested. John Watson recommended that we spend about $4000 in repairing the roof this year to get through the winter and then look at it later to do something. Glen Pond said he did not feel good about putting $4000 into it now and more later. The mayor said we would look at it in two weeks. RE: PLANNING & ZONING REPORT - BUFFER ZONES Jim Flamm gave a report on Planning & Zoning. Discussion on buffer zones which possibly needs to be amended in the ordinance. C & L Body Shop wants to put in a fence rather than a buffer and he is getting ready to get a Occupancy Permit. Glen told the council a lot of time and effort was put in the ordinance and now because we have a couple of problems where we don't want a buffer zone that we throw the thing out. Jim suggested that we change it to either-or. Glen said we might s'~ 4 get some real problems by saying either-or. Brad suggested it would have to be either-or based on the decision made by the Planning Board. Glen said that is why we have the Planning Board is to address those things and it needed to be turned over to them. John Millar felt we should give them an alternative. (discussion) RE: BUILDING INSPECTOR RESIGNS The mayor told the council that Terry Leishman had resigned. He is just working by the hour until we get a new inspector. RE: SAFETY COMMITTEE REPORT - ERICK50N CORNER (4TH S. & 2ND W.) Bruce reported on the Safety Committee. They had a meeting last week and will have another meeting tomorrow to address the Middle School. They addressed Erickson Corner. They recommend they re-strip or re-label that intersection so the left lane is a turn only lane and the right land is a straight or a right turn. They recommended some signs closer to the intersection. A sign in the medium would work well if possible. They have looked at the entrance to Albertsons and recommend at the first entrance just north of the bridge that you exit with a right turn only. No left turns, because it is too close to the bridge. Glen said if he is shopping at Albertson's at night and there isn't much traffic, why should he go to the light to turn? The council felt they should look at it before we make a decision. A motion was made that we re-sign the Erickson corner so there is no left turn from the right lane. All Aye. RE: TRAFFIC SIGNAL BY WAL MART TO BE TURNED ON John Millar reported that Traffic Signal will be turned on Friday and will be in full operation by the next council meeting. They will do the stripping in the next week. He made a report on the progress at the Treatment Plant. Brad asked if there would be a Ribbon Cutting on the north highway. The mayor said the Re-development Committee was against it. RE: SOLID WASTE DISTRICT The mayor said he met with the County Commissioners last Monday and they want to qet the Solid Waste going. Instead of being a District one it will only be a Madison County one at this time with drop-off boxes. John said that H & K will start on 1st North next week and will be closed to traffic. RE: UNION PACIFIC SELLING THIS LOOP TO WATCO Union Pacific called from Boise and they are selling this loop to Watco. They will take over by the 1st of the year. They will work close with the City. RE: REVIEW OF RICKS COLLEGE AGREEMENT ON 7TH SOUTH The mayor asked the council if they had reviewed the Ricks College Agreement on 7th South. It was felt there should be one change on the width of the road #5. A motion was made by Brad Liljenquist and seconded by Glen Pond to authorize the mayor to sign the agreement with that one change. All Aye (copy on file) RE: STEVE ZOLLINGER APPOINTED DEPUTY ATTORNEY TO J.D. HANCOCK Mayor Boyle announced that Steven Zollinger had joined the firm with J. D. Hancock. We need to appoint him as Deputy Attorney to J. D. A motion was made by Glen Pond and seconded by Nyle Fullmer to appoint Steven Zollinger as Deputy Attorney. A11 Aye ~i ;1 A motion was made by Glen Pond and seconded by Nyle Fullmer to pay the bills. All Aye. A motion was made by Bard Liljenquist and seconded by Nyle Fullmer to go into an Executive Session regarding Personnel. All Aye. After the council re-convened, a motion was made by Glen Pond and seconded by Jim Flamm to adjourn. All Aye. Mayor, Ni a L. Boyle City Clerk, Rose Ba y