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HomeMy WebLinkAbout1995.12.06 CITY COUNCIL MINUTESDATE: (120695) City Council 12/6/95 7:30 P. M. State of Idaho) County of Madison( ss City of Rexburg) Present were: Mayor: Nile L Boyle Councilman: Kay Beck Farrell Young Nyle Fullmer Bruce Sutherland Marsha Bjornn City Clerk: Rose Bagley Attorney: J. D. Hancock Engineer: Joe Laird Finance Officer: Richard Horner Pledge to the Flag. RE: MARSHA BJORNN SWORN IN AS NEW COUNCILMEMBER TOPIC: (20,65,,, CITY COUNCIL,BJORNN*MARSHA) The mayor explained that Jim Flamm had moved to Texas temporarily and had resigned as councilman. Since Marsha Bjornn has been newly elected and would take office January 1, we will swear Marsha in effectively immediately. J. D. Hancock administered oath of office to Marsha. A motion was made by Farrell Young and seconded by Nyle Fullmer to approve the minutes. All Aye RE: MONEY FOR SOUTH ARTERIAL, 7TH SOUTH DISCUSSED TOPIC: (20,65,,, ARTERIALS,7TH SOUTH,IDAHO TRANSPORTATION DEPARTMENT, RICKS COLLEGE) The mayor stated there was an addition to the agenda. Joe Haynes, Boise, Administrator of the Local Highway Assistance Committee was at the meeting. Joe has been working on moving up the funding on the South Arterial 7th South. It was scheduled for 1997 and we have been looking at a way to get it moved up to 1996 because of the change the college is going to have. Mr Haynes explained the Idaho Transportation Department manages federal aid funds that come to the State of Idaho through the Federal Highway Administration. Those funds come from the Highway Trust Fund that we send to them as drivers of cars, buyers of tires and batteries that go into a Highway Trust Fund and then it is distributed back to State into pots of money that is administrated by our Transportation Department. One of those pots is called the Surface Transportation program and that program money is used for part of the State Transportation road effort and they have allowed us as local units of government to receive portions of that money for the Rural areas anything over 5000 population and Urban areas anything over 5000 population. Rexburg is Urban. Every year the State Transportation Department approves what is known as a six year state transportation improvement program. When the local areas make application for these funds they go through a process. They start in the preliminary development of six years out to the present one. The projects march across the program each year as they design them and get them ready for construction, then the State Transportation does the engineering for construction. Rexburg has a project that shows under the S.T.P. Local Urban Development program in the fiscal year of 1997, which is October 1996. This particular program lists every Urban Area in the state and the funds that are available in this category of funding are allocated based on population. Rexburg has accumulated a balance in that account over the years and have used it up on projects. This report shows in 1996 Rexburg has an allocation balance of $334,000 which is a positive balance. You are suppose to have a positive balance equal to the amount of your project before it is approved by the Transportation board of construction. In 1997 the cost of the project shows $660,000 that would leave a negative balance of $128,000. The department has said in 1997 you are okay to go ahead and do that because the city gets Z G $180,000 a year. In order to move the project from 1997 to 1996 we are going to have to find some funds from some place else to develops the project in accordance to the criteria the State Transportation Department has now. He has met with the Transportation Department and told them we will have the project designed and ready to go as early as January of 1996 and ready to go to construction when the snow goes so we want to move this project ahead in the fiscal year of 1996. They use to be able to borrow from other communities and use that money in the project when the community was ready to go. He has urged Mayor Boyle to get the project designed and then they would go and contact one of the other communities that has positive fund balance. His first priority is Nampa who has a positive in 1997 of one point one million dollars balance and they don't have a project on schedule so the transportation department can use the funds. Last week when he met with the transportation department, they said they would be glad to transfer funds from one urban area to another if he could get the two city councils to agree to that. The City of Burley has a $350,000 positive balance and their project has been pulled, so they will have at least $500,000. Usually they are willing to borrow $200,000 as long as they get that allocation back in their pot. Everything looks really positive from the transportation part. He proposed that he be allowed to make a written application to the transportation department in the City of Rexburg's behalf, because the Transportation Board meets next week and be able to say we would like to propose that the City of Rexburg be able to borrow from the Nampa account based on an agreement that you would be able to negotiate with the City of Nampa. A motion was made by Nyle Fullmer to authorize Mr Haynes to proceed. Seconded by Kay Beck. All Aye except Bruce Sutherland voting Nay. RE: BIKE PATHS TOPIC: (20,66,,, BIKE PATHS) Mr Haynes stated that he understood that the city has a plan for a bike path. There will be some funds coming out for enhancement funding, which is one of the sources for bike path funding. He would encourage -- the city to keep on top of that with the district engineer and his local representative. There will be new applications coming out in the spring. The mayor told him we have the plan done and Mr Haynes said that was a key element. Bruce asked if this was just between 2nd East and 2nd West and didn't include the section by the middle school. The mayor said that is what it is, that would be the next phase. Bruce and Nyle said that was their concern. (discussion) The mayor told them this is urban funding and will have to be spent up there. It could be on the stop light on the highway because it is a major arterial. Joe said the other problem is you have to show the traffic warrants a traffic signal there and we can't do that until that street section of street becomes paved and open and we get the increase of traffic. Farrell felt we should get enough money for the traffic light. Nyle felt we should get the counter and see if the traffic warrants a traffic signal. (discussion) RE: BEER LICENSES APPROVED TOPIC: (20,66,,, BEER LICENSES) Mayor Boyle read the Beer Licenses to be approved. Liquor Store, Albertsons, Maverik Country Store 195, Horkleys on 2nd West and on 2nd East, One Stop Shop, Maverik Country Store 169. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the Beer Licenses. All Aye RE: ORDINANCE 781 REPEALING ORDINANCE 684 & 761 ON APARTMENT INSPECTIONS DISCUSSED AND PASSED TOPIC: (20,66,ORD,781,APARTMENTS,BASEMENTS,EGREES,INSPECTIONS) Egress Windows- Marsha reported that the Planning & Zoning recommended that we repeal the ordinance and start over and draft a workable ordinance. Joe is checking with some other cities that have colleges to see what they do. Mayor Boyle said we either need to enforce it as we passed it or repeal the ordinance. Joe said he felt the same as Planning & Zoning. Marsha told the council the P&Z discussed that a Z, '7 lot of students can't afford higher housing and the homes are cheaper and if we got rid of the ordinance then the city won't have the liability. The mayor read Ordinance 781 AN ORDINANCE REPEALING ORDINANCE NUMBERS 684 AND 761 AND ALL ORDINANCES OR PARTS OF ORDINANCES PERTAINING TO ORDINANCE NUMBERS 684 and 761; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by councilman Kay Beck 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 781. -..- Those voting aye: Bruce Sutherland Nyle Fullmer Marsha Bjornn Farrell Young Kay Beck Those voting nay: None Ordinance 781 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 Kay Beck and seconded by Nyle Fullmer that ordinance 781 be passed. Those voting aye: Bruce Sutherland Nyle Fullmer Marsha Bjornn Farrell Young Kay Beck Those voting nay: None 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 95.14 PASSED: AUTHORIZING VISA CARD FOR TRAVEL TOPIC: (20,67,RES,95.14,VISA CARD,TRAVEL) The mayor read Resolution 95-14 authorizing Visa Card for travel for certain Department Heads. Richard explained. A motion was made by Nyle Fullmer and Seconded by Kay Beck to pass Resolution 95-14. All Aye RE: ORDINANCE 778 AMENDING ZONING ORDINANCE PASSED TOPIC: (20,67,0RD,778,ZONING ORDINANCE) Mayor Boyle read 778 amending the zoning ordinance. AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 725, NAMELY, VARIOUS PARTS OF THE LAND USE SCHEDULE; ADDING A SECTION FOR FENCES FOR SCHOOLS, UNIVERSITIES, COLLEGES, HOSPITALS, NURSING HOMES, CITY AND COUNTY; PROVIDING FOR SEPARATE PARKING LOTS: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED DWELLINGS: AND PROVIDING FOR THE EFFECTIVE DATE. A motion was made by councilman Kay Beck 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 778. Those voting aye: Bruce Sutherland Nyle Fullmer Marsha Bjornn Farrell Young Kay Beck Ordinance 778 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 778 be passed. Those voting aye: Bruce Sutherland Nyle Fullmer Marsha Bjornn Farrell Young Kay Beck Those voting nay: none 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: ORDINANCE 780 ANNEXING LAND NORTH OF CITY AND WALTERS READY MIX PASSED TOPIC:(20,68,ORD,780,ANNEXATIONS,WALTERS READY MIX,BUSINESS PARK, ARTCO,ULTIMATE DIRECTIONS,HORKLEYS) Mayor Boyle read the Annexation Ordinance annexing Tract #1 Railroad & S.H.33, Rexburg Business Park, Artco Business Park (HBD), Tract #2 Horkley's (HBD) Tract #3 Ultimate Directions (Industrial) and Tract #4 Walters (Industrial) ORDINANCE 780 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 Bruce Sutherland and seconded by Nyle Fullmer 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 780. Those voting aye: Bruce Sutherland Nyle Fullmer Marsha Bjornn Kay Beck Farrell Young Ordinance 780 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 Farrell Young that ordinance 780 be passed. --- Those voting aye: Bruce Sutherland Nyle Fullmer Marsha Bjornn Kay Beck Farrell Young Those voting nay: none 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: DISCUSSION OF SNOW FENCE BY JEFF ZOLLINGERS HOME TOPIC: (20,68,,, FENCES,SNOW REMOVAL,ZOLLINGER*JEFF) Nyle Fullmer discussed with the council that Jeff Zollinger, who lives in Cresthaven Subdivision in the Cul de sac, approached him and every year in heavy snow years the gap between his home the next home to the west, it really funnels the wind down there and the snow really piles up in the Cul de sac and it makes for a good plow job for the city as well. He asked if the city would be interested in putting up a snow fence between the two houses to help cut that down. Kay will check on it. Marsha stated that she had some questions. She asked about the Bike Path. The mayor explained. She also asked who writes the grants? She felt we need someone that was good at it and suggested Hyrum Conrad's name. The mayor told him E.C.I.P.D.A. writes most of ours, however Ann Zollinger does some for the tabernacle. She asked about the advantage of the city not reclaiming the road by the Fair Grounds? Nile explained and told her the city has the right to put a road in unless they give the road up and that road has not been abandoned. Kay and Jerry Jeppesen are going to meet with the Fair Board to discuss it. (discussion) A motion was made by Nyle Fullmer and seconded by Farrell Young that we go into executive session to discuss the Majestrate Issue. All Aye A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to go back into regular session. All aye. A motion was made by Nyle Fullmer and seconded by Kay Beck to pay the bills. All Aye Meeting adjourned. Mayor, pile L. Boyl City Clerk, Ros§v$ag fey