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HomeMy WebLinkAbout1996.01.03 CITY COUNCIL MINUTES~~~~, DATE: (010396) State of Idaho) County of Madison( es City of Rexburg) Present were: Mayor: Councilmembers: City Clerk: Attorney: Finance Officer: Engineer: Excused: Pledge to the flag. City Council 1/3/96 7:30 P. M. Nile L. Boyle Glen Pond Kay Beck Farrell Young Bruce Sutherland Nyle Fullmer Rose Bagley Steve Zollinger Richard Horner Joe Laird Marsha Bjornn A motion was made by Nyle Fullmer and seconded by Kay Beck to approve the minutes. All Aye. RE: MECHANICAL CODE DISCUSSED TOPIC: (20,74,,,MECHANICAL CODE) At the last meeting we approve the U.B.C, U.F.C. and U.P.C. We didn't talk about the Mechanical Code. The mayor stated that we have never approved this code before. Joe felt we should approve the Mechanical Code because it ie different than the Plumbing/Mechanical Code. Nyle Fullmer felt we should get input from some of the contractors before we pass this ordinance and he would take the assignment to check with the contractors. Table it to the next meeting. RE: CAROUSEL BAND ORGAN TOPIC: (20,74,,,CAROUSEL) The mayor explained Pat Burton has been working for years on the Carousel Committee and a P. O. came across his desk today to buy a band organ like the original that was in the carousel. The price is $17,000. The amount that they have in the fund that they have raised ie $11,300 with interest, which is more than they thought with Pat told the council they had a sale on band organs during December. They had one model that was $13,000 but it doesn't include some things that are necessary. They have offered a new machine they have just started to build which is priced at $18,500 and they would sell it to us for $17,000. If they put $6000 down on it and another $6000 will be due when it is 80~ completed. When it is completed the balance will be due. They will send someone here to train us to take care of it. If we put that money down on it and have a carnival in the park on July 4, we can make $2000 to $3000 and after the carousel is cleaned up and looking good we can go for a grant for the balance. If we don't buy this band organ now the price goes up to $18,500 or the little one will goes up to $15,500. (showing a video of band organ) A motion was made that we approve the purchase of the band organ. Seconded by Farrell Young. Nyle Fullmer asked if that meant we would make up the difference if they can't raise the money? The mayor said they would raise it and would try to do it this year. All Aye A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to pay the bills. All Aye. City Attorney, Steve Zollinger swore in the new re-elected city councilman, Nyle Fullmer and Glen Pond. RE: APPEALS BOARD FOR 1994 U.B.C. ESTABLISHED TOPIC: (20,75,,,U.B.C.,APPEALS BOARD) The mayor told the council that after adopting the new U.B.C. it calls for an Appeal Hoard so if anyone does not agree with the ruling of the Building Inspector. We have asked an Architect, Structural Engineer, two building contractors and a person from Ricks College School of Engineering to serve on the board. John Watson, Architect; Dick Dyer, Structural Engineer; Ted Hi11, Building Contractor; Bart Stevens, Building Contractor; and Charles Cartmill, from Ricks College have been asked to serve on the board. A motion was made by Glen Pond and seconded by Nyle Fullmer that we appoint those five people to the Appeal Board. A11 Aye RE: MICHAEL THUESON APPROVED FOR THE PLANNING & ZONING BOARD TOPIC: (20,75,,,PLANNING & ZONING BOARD) We have a vacancy on the Planning & Zoning because Marsha is now on the city council. The Planning Board have suggested that we appoint someone from the business community to serve. The mayor nominated Michael Thueson to the Planning Board. A motion was made by Ny1e Fullmer and seconded by Bruce Sutherland to approve Michael Thueson. A11 Aye RE: SUNDAY BEER SALES DISCUSSED TOPIC: (20,75,,,BEER) Sunday Beer Sales. Ralph Ball, K & R Lanes-585 North 2nd East. The reason he is at the meeting, the city annexed Horkley's and One Stop and grandfathered Sunday beer sales to them. Since he has been in business in Rexburg, Sunday beer sales have been illegal. He asked why the council would grandfather two new members to sell beer on Sunday? He did not feel it was correct and not right. He wanted some answers. What is good for one is good for everyone. The mayor explained they were both annexed and because Madison County allows Sunday beer sales, they were able to sell beer on Sunday so they were grandfathered in because they had already been selling beer on Sunday. Farrell Young stated what they need to know is if grandfathering is anything we have control over or is that just part of the law that happens when they are annexed to the city. Steve explained that grandfathering is a friendly description of avoiding constitutional taking of a right or privilege that they had. Both of these entities were involved in the sale of beer legally on Sunday at the time we approached them because it was a necessary annexation to accomplish some annexations we needed for people who had requested the annexation. They did not approach us. For us not to allow them to sell beer on Sunday would have been in all likelihood a taking of a right that they have the privilege to and we would have had to compensate them for that so there is a prevision provided for in most states called a grandfather provision which says people who have a right at the time their property is changed by zoning or municipal zoning will continue to have that right or there will be a proceeding to establish why they should not have that right. Rod Abamowski, Albertsons- He had no intention of selling beer on Sunday, because they are in the city and he respects the wishes of the community. It doesn't seem fair to him regardless of the annexation, that these two businesses are able to sell beer on Sunday. Albertsons pay a lot of sales taxes collected through their business. The main office in Boise as well as him do not want to ruffle anyone's feathers but they would like it to be fare. On Sunday their business does not come from this community. The majority of the business comes from outside the community. Nyle Fullmer told him the council made the same observation because that same question came up and we were informed legally that we could not control it. We could make the request and see if they would abide ~~ l by the city ordinance and refrain from selling beer on Sunday. The mayor stated that was their concern and one of their stipulations. Steve gave the example of horses in the city that were grandfathered. They had a horse and the neighbors did not like it when it was zoned, but it would have been a taking of their right and they would have had to be compensated for the expense or allow them to keep the horse. If Horkley's were to go out of the business of selling beer then someone else could not step in and start selling beer. It is something they will maintain so long as they continue to engage in that activity, and at the point they cease to engage in that activity then that grandfathering will elapse. Farrell Young suggested there were two ways we could do it; we could de-annex or compensate them for not selling beer. Glen stated the reason we annexed them is we had to have contiguous property. Ralph Hall said he could live with the ordinance, but he did not think the exception was right. Steve told him it was not an exception, but when we change the zoning by annexation we have to compensate them for that or allow it under a grandfather clause for that particular use. Susan Wilson manager of Maverik on the South side of Rexburg- They have a lot of tourists and she would like to see Sunday sales. She is tired of people laughing when they tell them they can't sell beer on Sunday and they ask why. She would like the option looked at for all businesses to be able to sell beer on Sunday and even with restrictive hours. If we are a growing town we need to keep up with the rest of the world. If we want the rest of the world to come into Rexburg, we need to accommodate them. The mayor asked how many stores cannot sell beer on Sunday? Mr Abomouski from Albertsons stated that we were the only city that had an ordinance against selling beer on Sunday. He stated that in the summer months, it really affects them because they cannot sell beer on Sunday. They bring us economic substance and they have to go out of town or drive over to Horkley's to get their beer. Ralph Hall stated he is the only one in the city limits that has an on premises license. If the city allows them to sell beer, everyone should be able to sell it. With the on premises license, he would not sell beer on Sunday. We are almost to the year 2000, lets get with he program. RE: CAMPUS POLICE PATROLLING CITY STREETS DISCUSSED TOPIC: (20,76,,,CAMPUS POLICE,STREETS,POLICE) Campus Police patrolling city streets. Steve Zollinger reviewed cases related to the issue including the North Carolina case and reviewed laws as they applied across the United States. The contract between the City of Rexburg and the Campus Police that provides that any and all Ricks College police officers shall be accountable to the City of Rexburg and to the Chief of Rexburg Police Department. In reading from the case from North Carolina, he stated that they had changed their procedure to be identical to our procedure and this case became mute at this point. He did not think the City of Rexburg and Ricks College have any problem with the constitution in any way. Richard Harker- He called Cambell University in North Carolina and was told that Cambell University has no police force and contract with the local sheriff's department to maintain ten deputies on campus for police protection. Steve asked him if he had checked to see if they were not the same officers that they had employed. Mr Harker argued the issue. He told Steve that he would like to hear from the council who are elected by the people not from their attorney who is appointed. Steve told him that as legal representative the case he was quoting has no merit in the State of Idaho. (discussion) - Kay told him that is why we have employed an attorney is to read these things and give legal advise. Mr Harker was told that before we agreed to this contract we ran it past the Attorney General, the College Legal Department, and the City Attorney and we don't feel we have a problem. ~~~ Glen told him if he wanted to pursue it he needed to take it up with up with our legal council that is why we retain him. Under his interpretation we are okay and we have cleared it with the State Attorney General. We have the agreement and if he wants to discuss it further he needs to take it up with our attorney, because he is the one who is going to speak for us on the issue. He is determined we are right in what we have done according to what the state has said what we can do under the Attorney General. He told Mr Harker he felt that is the end of the conversation. RE: PEDESTRIAN CROSSING ON MAIN STREET DISCUSSED TOPIC: (20,77,,,PEDESTRIAN CROSSINGS,MAIN STREET,SAFETY, STATE TRANSPORTATION DEPARTMENT) The mayor told the council that we had a pedestrian, Ray Hancock, hit by a car when he was in the crosswalk on Main Street. Because it is a state highway, he called the State Transportation Department. When they looked into the agreement the crosswalks in Rexburg are the responsibility of the city of Rexburg. Their Traffic Engineer came up and looked at it. The mayor read their recommended changes that may reduce conflicts and improve awareness. 1. Remove angle parking, near crosswalk. Parked cars hide pedestrians from view until they are well into the travel lanes. 2. Replace white and black crosswalk signs on overhead mast arm with the standard diamond shaped yellow and black pedestrian crossing sign. These signs are the ones drivers expect to see. 3. Flasher on westbound mast arm is not flashing and needs maintenance. 4. Existing painted cross walk lines are well worn and not very visible. I would recommend thermoplastic be used. I would also suggest that an alternate marking be considered. Page 3B-23 in the M.U.T.C.D Manual shows a cross walk with longitudinal lines for added visibility. -"- Chief Siepert had told the mayor they had about 50 accidents on Main ', Street this year and said he did not know how we could afford to keep angle parking with all the property losses because of it. In talking to Blair and Jack Minsinger from the State about it, they both feel with the number of accidents on Main Street if you put parallel parking it would help. Accidents are caused by rear ending which ie caused because there is no left turn lane down Main Street. if there was a left turn lane and two lanes it would alleviate the problem. (discussion) The mayor said we would go ahead with those recommendations except the parking and we would study that. RE: AUDIT REPORT TOPIC: (20,77,,,AUDIT REPORT) Brad Reed and Scott Bond from Rudd and Company were at the meeting to present the audit. They reported that they had given an unqualified opinion on the audit. They explained the audit and handed out copies of the audit. A motion was made by Glen Pond and seconded by Bruce Sutherland to approve the audit. All Aye Mayor Boyle read the committee assignments for the council. RE: REQUEST FROM JIM HORKLEY TO SID ON FUEL SALES TOPIC: (20,77,,,HORKLEY*JIM,BIDS,FUEL SALES) Nyle said he was approached by Jim Horkley where he is part of the city he would like to be involved in the bidding for the Fuel Sales. He would tell him to talk to Richard. RE: CLEANING OF STREETS AT BUSINESS PARK TOPIC: (20,77,,,BUSINESS PARK,STREETS) Glen asked about the streets at the Business Park. They are not being cleaned. Kay said he would check on it. They are city streets. Glen had also had complaints that we are not putting the grader blades close enough to the asphalt and asked if they could lower the blades down. Kay told him we are getting a new ice machine that will do away with the ruts. ~ ~~> RE: SNOW FENCE ON THE CUL DE SAC IN CRESTHAVEN SUBDIVISION TOPIC: (20,78,,,SN0W FENCES,CRESTHAVEN) Kay reported that Nyle had asked about the snow fence on the Cul de sac in Cresthaven Subdivision. He and Farrell looked at it and Farrell said he would be glad to furnish the snow fence but would be reluctant to have his crew do it because of a chance of hitting sprinkler pipes. The mayor asked the council to read the Grant proposal in their packets and we would discuss it at the next meeting. RE: BID ON NEW LOADER ACCEPTED TOPIC: (20,78,,,flIDS,LOADERS) Richard reported that we need to decide on the new loader financing. Right now he only had one quote which is below 6~. A motion was made by Bruce Sutherland and seconded by Kay Beck to empower the mayor and Richard to accept the low bid. All Aye RE: INFORMATION ON NEW PHONE SYSTEM TOPIC: (20,78,,,PH0NE SYSTEM,BUDGET) Richard also told the council that new technology in phone systems allows for the use of fewer lines. We had talked about this last budget meeting time, but thought we could wait a year. Now might be a good time to look at the cost of a new system. He had looked at some systems. We did not budget for it this year, but with one of these new systems we could save enough on the phone bill to pay for the system. Glen told him to bring the proposals in writing to the next meeting. Meeting adjourned. ~~~ ~,~-- Mayor, Nile L. Boyle ~r % ~ r City Clerk, Ro~ B~,§ley ;,