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HomeMy WebLinkAbout1995.10.18 CITY COUNCIL MINUTESDATE: (101895) City Council 10/18/95 7:30 P. M. State of Idaho) County of Madison( ss) City of Rexburg) Present were the following: Mayor: Councilman: City Clerk: Attorney: Engineer: Pledge to the flag. Introduction of Scouts. Nile Boyle Kay Beck Farrell Young Glen Pond Bruce Sutherland Nyle Fullmer Rose Bagley J. D. Hancock Joe Laird A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to approve the minutes. All Aye. RE: SPRAY PAINT BOOTHS TOPIC: (20,51,,, SPRAY PAINT BOOTHS,FIRE DEPARTMENT) Spray Paint Booths- The mayor told the council there is only one cabinet shop in town and they do have a fire suppression system already. The only people that will be affected is the five Spray Paint Auto Body Shops and they were represented at the last meeting. We have checked with the legal issue and there is no way we can waive our liability. If we let them go without the fire suppression system, we are liable as a city. A motion was made by Glen Pond that we require the fire suppression system to be put in all spray booths and that we give them 6 months to get them put in. If someone comes in and has some extenuating circumstances but are still willing to do it we could make an allowance outside of that if need be. Seconded by Bruce Sutherland (discussion). All voting aye. RE: COMPUTERS FOR CITY EMPLOYEES TOPIC: (20,51,,, CITY EMPLOYEES,COMPUTERS) Employee Computers- We discussed at the last meeting the possibility of encouraging employees to get computers at home to help them in their work. The mayor explained the survey and proposal for computers (on file). (discussion) Nyle stated he felt strongly about those people that want to pursue the computers in their home and felt the city should try to make it available to them through the no interest loans for their benefit as well as the benefit of the city. The mayor felt it would benefit the city if the employees used their time at home to learn how to run the computer. Discussion on tutors, classes, and software. The council wanted to see some numbers on the software and hold off on that part for now. A motion was made by Glen Pond to approve the interest free loan to the employees to buy a computer hardware. Seconded by Nyle Fullmer. All Aye. RE: IRRIGATION - REXBURG CITY DITCH TOPIC: (20,51,,, IRRIGATI0N,REXBURG DITCH) The mayor told the council we have been working all summer with the people on the Rexburg City Ditch. So far this year we have had expenses on the ditch of $6060. We knew the expenses would be high this year so we raised the fees to the irrigators. We have had only one out of the 15 who have payed. They have been going to have their attorney working on something for a permanent solution, but nothing has happened. He told the water master if they didn't get something resolved we might lease another 6 1/2 c.f.s. up the river. We need to get them to come in and get it resolved. RE: MAGISTRATE COURT COSTS DISCUSSED TOPIC: (20,52,,, MAGISTRATE COURT) Glen reported on his Committee Meeting with the County Commissioners to see if they could resolve the Magistrate issue on the payment for the court. They reviewed what the city of Idaho Falls is doing (on file). They gave some money to Bonneville towards the Magistrates Court and it is based on a percentage of the collections. If the City of Rexburg were to follow what the City of Idaho Falls is doing, based on our collections we estimated that we would be in the amount of around $20,000 to $25,000. That is what the county had originally asked us for. As a committee there is either that option to pay a percentage of the collections that come in or to pay the fee they asked for on an annual bases or leave it with the judges as to what our contributions should be. J. D. reported that he contacted the Legislative Services Bureau and told the council what he found out. In Section 2217 of the Code it is the responsibility of the county to supply suitable quarters for the court, but since ADA County had their own municipal building and municipal court system they made an exception for that judicial district. They told him that if the majority of the judges would sign an order that the cities could provide suitable quarters to meet and hold court in the municipal building, Section 2218 in the Code. They are looking for the documentation on the court study and report for this and will send it to us. Glen stated as the committee looked at it with the commissioners, the commissioners would be happy going with a percentage like Idaho Falls or just a set amount. As they discussed with the commissioners, a lot of the council's decision was budget driven. There was another city concerned about us letting it go to the judges that it might set a precedence. (discussion) It was felt by the council it was unfair for the city to have to pick up the burden of this, we don't have the money to give. Glen said if we don't decide something tonight it will just rest with the judges. The council felt there was nothing to vote on so let it go to the Judges. RE: HEARING SET FOR ANNEXATION OF PROPERTY NORTH OF CITY TOPIC: (20,52,,,ANNEXATIONS,STREETS,ZONING,BUSINESS PARK, STATE HIGHWAY) The mayor told the council we need to set the hearing for annexation out north where the business park is located. It was discussed if we would need to change the zoning because it is zoned Light Industrial rather than H.B.D. J. D. stated that the statute is clear we can't take 1/2 a road, we need to take a whole road. Nile said we are going to stay 70' from the Salem road, but will take the whole road on the State Highway, but that is not a problem because the state will maintain the State Highway. (discussion) Right now we will annex Horkleys, State Highway 33, and the Railroad Track out to the Business Park and Ultimate Directions. The council felt we need to check with Thompsons at Upper Valley Electric to see if they want to annex and also check with Walters Concrete. Annexing the trailer court was also discussed. A motion was made by Glen Pond and seconded by Nyle Fullmer to set the Public Hearing dates for November 8 for the Planning & Zoning and November 15 for the City Council. All Aye RE: STREET BY NURSING HOME - 2ND WEST TO 5TH SOUTH TOPIC: (20,52,,, NURSING HOMES,2ND WEST,5TH SOUTH,RIGHT OF WAY) We discussed at the last meeting somehow when the road was put in from the Nursing Home down 2nd West as far as 5th South, it was not followed through so the city didn't get a right -a -way through there. We probably have a prescriptive right -a -way where the street is now, but we go back and get a 99 foot right -a -way like we have all over town. Nyle Fullmer made a motion that we proceed with it and seconded by Kay Beck. All Aye On October 24th there will be a Golf Board/Airport Board Meeting to talk about ratifications of Airport expansion onto the Municipal Golf Course. The mayor will be in Boise that day and asked Glen Pond if he could go to it to represent the Golf Course and Nyle will be their to represent the Airport. He read the four options. The mayor told the council we received a letter from the Chamber of Commerce that on October 23, Rexburg, Rigby, Idaho Falls, and Pocatello are hosting Governor Batt at a tour of I.N.E.L. and there will be a reception from 5:00 P. M. to 6:30 P. M. a the Shilo Inn. The mayor would not be in town. Glen said he would attend the reception. RE: STUDENTS PARKING ON THE LAWN - 2ND SOUTH TOPIC: (20,53,,, PARKING,2ND SOUTH) Nyle discussed that the house on the South side of 2nd South at 2nd East and 2nd South has students parking on the lawn. We need to advise them they cannot have students parking on the lawn. RE: AGREEMENT WITH ULTIMATE DIRECTIONS TOPIC: (20,53,,, AGREEMENTS,ULTIMATE DIRECTIONS,LINEAL FOOT CHARGE, WATER RATES,SEWER RATES,BUDGET) The mayor told the council we approved an agreement with Ultimate Directions. They would like to make a couple of changes. They want to be annexed and if we don't get them annexed they feel it is the city's fault. If we don't get them annexed they feel we should not charge them 1 1/2 times for water and sewer and they should not be penalized. The only problem they have with the lineal foot charge is they don't want to pay the lineal foot charge on the property that isn't developed, only the property that is developed. Glen felt it was better for them to pay it up front, because who would remember. They have 275 feet developed now and they have a total lineal footage of 796 square foot. It is the difference between $2750 and $7960 for each utility. The mayor felt there was no problem that we would get the money if they developed the property. Glen felt that would be okay. They want to pay it off at zero percent interest because they are donating 70 feet of their property out front for right -a -way for that street eventually. They said they would give us that property if we charge zero percent interest. The interest over the whole time would be about $500. So we would be paying $500 for a 70 foot right -a -way along the road. The council felt that would not be a problem if the mayor and Joe felt okay about it. They also want the sign to be relocated if it is displaced. A motion was made by Bruce and seconded by Nyle to pay the bills. All Aye. Brook Passey told the council the first Jail meeting will be held at 8:00 A.M. on Friday. The Rexburg City Police have been invited to attend. Meeting adjourned. Mayo Nile L. Boy City Clerk, Ros,ajBagley