HomeMy WebLinkAbout1996.02.21 CITY COUNCIL MINUTES~ff
DATE: (022196)
State of Idaho)
County of Madison (ss
City of Rexburg)
Present were: Mayor:
Councilmembers:
Excused:
City Attorney:
City Engineer:
Minutes:
Others:
Pledge to the Flag.
Introduction of Scouts.
City Council
02/21/96
Nile Boyle
Bruce Sutherland
Farrell Young
Nyle Fullmer
Marsha Bjornn
Glen Pond
Kay W. Beck
Steven Zollinger
Joe Laird
Janet Williamson
Brooke Passey, County Commissioner
Clair Boyle, MEDCO
A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to
approve the minutes. All Aye.
RE: BEER ORDINANCE - 1ST READING
TOPIC: (20,84,,,BEER)
Mayor read the Beer Ordinance Ammendment. Ordinance 787 up for 1st
reading. Following reading of Ordinance Mayor asked for testimony.
Kevin Shiley - 511 Park St - He has been in the food marketing for 12
years. He knows that if he, as a supplier, were to put one of his
customers in the situation that we now have in the City - one being
able to sell on Sunday and one not being able to sell on Sunday - the
Department of Justice would go after him for anti-trust violations,
unfair competitive practices. He doesn't see how we can continue to
have it that way so he would not oppose the ordinance because of that.
The Mayor said he has a couple of letters that need to be read into the
record. He will do that at the next reading. Marsha has a letter also.
There will be no vote taken tonight. This is the first reading. The
second reading will be in 2 weeks. Mayor explained that it will take 3
readings and at the third reading the council either votes to accept
the amended ordinance or leave it the way it is.
RE: COUNCIL WEEK PROPOSED BY EMPLOYEE COMMITTEE
TOPIC: (20,84,,,EMPLOYEE COMMITTEE,COUNCIL WEEK)
Gordon Harrop was present as the spokesman for the Employee Advisory
Committee. They would like to proposal having a "Council Week".
(Proposal attached.) The Council is encouraged to visit the
departments they are over during that week. This is an opportunity for
the Council and city Employees to get to know each other better. They
would like March 18-22 named as "Council Week". Council was very
receptive to this.
RE: TOP VALUE MARKETING VENDING PRESENTATION
TOPIC: (20,84,,,VENDING,T.V.M.,C.R.O.)
Neil Schroeder T.V.M. (Top Value Marketing) Vending Presentation - 70
West Main. Many of the Council are not aware of their business in the
community and their impact and projected impact that they are planning
and they welcome the opportunity to give them a brief overview of who
they are and what they are doing.
- Some of the principals of the Company: Craig Hunter, Doug
Wickstrom and Bruce Hecker.
- Employ about 8 people
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- Distributor of other peoples products in the vending industry
- Working on the product of a vending machine for their own
purposes
- They put their equipment out on a rental basis
They are at a point in their program where they need to make some
changes. With the advent of the C.R.O. (Community Reuse Organization)
it seems there is funding available. At the present time the parts of
their vending machine are shipped in from various other states. Their
desire and intend is to bring all of this together into Rexburg. They
presently do just the marketing out of here, the assembling being done
in Idaho Falls. Their affiliate candy company is June Marie's. By
bringing it all together here in Rexburg, they project that they can
create a minimum of 25 new jobs and that that would provide an initial
$600,000 a year and that income will filter through the economy. They
may purchase property in the Business Park. It is important to them to
have control of both the production and quality. They have prepared an
application to the CRO office that the Council is welcome to look at.
They have written testimonies of support from many people and would
like to add the Councils and the Mayors to it. That will strengthen
their petition to the CRO people. Clair Boyle mentioned that of 85
proposals submitted to CRO 10 were picked - 2 in Madison County.
Mayor asked if there were any committee reports. Marsha has been unable
to reach Hyrum Conrad about his proposal for writing grants. The Mayor
said that Debbie Munns had contacted him about a proposal to do
grants.
Ny1e Fullmer said the Golf Board met last night. They have done some
remodeling in the Club House and hope to open in about 2 weeks,
depending on the weather.
RE: PUBLIC HEARING FOR ANNEXATION OF WALKER PROPERTY NORTH OF WAL MART
TOPIC: (20,85,,,PUBLIC HEARING,ANNEXATIONS,WALKER PROPERTY,
JOHNSON*LEE,GREASE MONKEY)
8:00 - Public Hearing for annexation of property north of Wal Mart.
Larry Hudson with Mountain River Engineers presented plans for the
development of the property proposed to be annexed. They plan, in
Phase I, to build a Grease Monkey and a car wash in the first acre.
Later on they plan to possibly build a warehouse, storage units, etc.,
in the remaining acres. Originally there was a dedicated easement to
the south. On the recommendation of Joe Laird, the City Engineer, they
have changed their plans to have a dedicated street on the North side
of the property. The people on the north side of this street have said
that they have no objections to the street.
Lee Johnson asked if they were going to annex a stripe at a time along
the 2nd East frontage. It was explained that each piece of property
will only be annexed upon request from the owner of that property.
Farrell Davidson asked if Lee and Joan Johnson are giving a piece of
right of way along their piece of property by the proposed new street
and the Mayor said yes, that was correct. Marsha asked if the City
would maintain that 1/2 of street and was told that they only would
when the other half was finished and dedicated. Mr. Hudson said that
in the agreement with the Mais and the City, the Mais have agreed to
build 1/2 of a City street and the curb, gutter and sidewalk and they
will maintain that 1/2 street until the other 1/2 is built.
They have 2 permits from the State for entrances to the property. The
road goes back about 500 feet and then there will be a road that 'T's
and will go up to 1000 North.
Farrell asked about the grade of the street and Mr. Hudson said they
will match the existing grade.
Ny1e Fullmer made a motion to tentatively approve this annexation
conditioned on the next hearing with Planning & Zoning. Farrell Young
seconded the motion. A11 Aye.
Nyle moved to pay the bills. Bruce seconded the motion. All Aye.
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Farrell moved that they go into Executive Session with Commissioner
Passey. Ny1e seconded the motion. All Aye.
Returning from Executive Session.
RE: FINES & FORFEITURE PROPOSAL ACCEPTED
" TOPIC: (20,86,,,FZNES & FORFEITURES)
Bruce moved that they move ahead with the proposal for the percentage
of collection of fines and forfeitures. Farrell seconded the motion.
Marsha asked about the difference it would make to the City. It would
be a loss of revenue of $15-$25,000 a year.
Nyle asked if this was retroactive. Steven said they would propose
that it go from May 1st of last year to April 30, 1996. Nyle asked
then where are we going to get the money? We didn't have it 6 months
ago, where are we going to get it now. Mayor said it will work out
with the consolidating of the dog catcher position and the court
liaison officer.
Vote on the motion. All Aye.
Nyle moved that they go into Executive Session. Marsha seconded the
motion. A11 Aye.
Council reconvened following the Executive Session.
Meeting adjourned.
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Mayor, tie L. Boyle
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City Clerk, Rose%Ba ~y
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PROPOSAL FOR COUNCIL WEEK
Representing the Employee Advisory Committee, we appreciate the
opportunity to attend this meeting and make a proposal concerning
something we have chosen to call Council Weelc. As a Committee, we
believe it would be mutually beneficial for City employees and
Councilmen to get to ]cnow one another informally and spend some time
together on the job.
Some of the benefits we can see coming from a Council Week are:
1. Improved communication between the Council and City
employees.
2. Increased understanding of what ie required from all
employees to keep the City running like it should.
3. Increased unity and pride in being part of a team in
accomplishing common gcals.
As a result, we ask you to co-operate with the Employee Advisory
Committee in making March 18-22 Council Week. At that time we are
asking each of you to spend some time, at your convenience, with the
departments for which you are directly responsible. We suggest you wear
your casual clothes and be prepared to mingle with the employees in
those departments. Learn their names and who does what.
Also, during Council Week, the Committee will distribute to all City of
Rexburg employees, biographical sketches, pictures, etc. of all Council
members so the employees can get to know each of you a little better
and learn what your work is on the Council.
We realize each of you are busy with your own careers and are paid only
nominally for the work you do on the Council. The time you aet aside
for Council Weelc does not need to be a large block. Sut we encourage
you to spend the time needed to help us meet our goals for this event.
We appreciate your support in making Council Week a success. Thank you.
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JEFF LERWILL
Owner - Broker
Rexburg City Planning and Zoning,
ZZO EAST ZOO NORTH, SUITE 4
ILExiiuac, IDAHO 83440
February 20, 1996
I am the real estate agent working with Lee and Joan
Johnson and have the listing of their property north of Wal-
Mart in Rexburg.
Lee, Joan and I sat down and discussed the situation of
thirty-foot of easement that they were asked to provide for
a road. They are in agreement with the city on the proposed
road.
We have re-listed their property as three separate lots
running to the east along the proposed street. They are will-
ing to provide the thirty-feet of easement for the road. They
feel that in time it will be a benefit to them in the sale of
their property.
I hope this letter explains what you need on the proposal
of the road. Feel free to call me at any time if I can be of
further assistance to you.
Cordially,
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Loa Lee Hansen
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Copies sent to:
Rod Jones/ ColdweL]L Banker
Jeff LerwiLL/ Countrywide Properties
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February 20, 1996
ManISON COUNTY
STATE OF IDAHO
REXBURG,IDAHO
83440
Honorable Nile L. Boyle, Mayor
City of Rexburg
12 North Center Street
P. O. Box 280
Rexburg, Idaho 83440
RE: Support from the City of Rexburg for the Magistrate's Division of the District Court
Dear Mayor Boyle:
Thank you for your letter dated February 12, 1996, in regards to the above-referenced matter.
We, as a Commission, have reviewed the letter and find that the graduated fine sharing
schedule, which is based upon a percentage of fines collected, is an acceptable method of
determining the amount of City fine monies which should be shazed with the County for the
operation of the Magistrate Court. As you recall, we made the same proposal to the City last
year before the attorneys became involved. We believe that the first period of fine sharing
should begin from-May 1, 1995, through April 30, 1996.
We also welcome the City's willingness to work together with the County in planning for court
facilities and operafion issues. We are currently in the process of planning the remodeling of
- the Courthouse. Part of that remodeling will include construction of a new magistrate
courtroom. As you know, in addition to the above fine sharing schedule, the City of Idaho Falls
contributed a considerable sum to the construction of a new courtroom in the Bonneville County
Courthouse. We would appreciate similar assistance from the City of Rexburg in our current
endeavor.
We aze happy to meet with you and the City Council in a work meeting to discuss these issues.
Please let us know when a convenient time for you would be.
Sincerely,
Gerald Jeppesen, Chairman
Madison County Commissioners
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February 12, 1996
To: Madison County Commissioners
Madison County Clerk
- Madison County Prosecutor
From: Nile Boyle, Mayor, City of Rexburg
Re: Support from the City of Rexburg for the Magistrate's Division of the District Court.
The City Council of Rexburg has spent considerable time over the past several months
analyzing and reviewing the information available concerning the Magistrate Court facility and
the funding for the same. We have tried to consider all relevant factors, and would like to shaze
our conclusions as well as make a proposal with respect to this issue.
1) The City feels very strongly, that the items which we ah•eady contribute need to
be considered in any formula that might be derived and agreed upon between the parties
involved. We presently contribute considerable time and effort in the policing of the county
tluough our City Police Department, as well as providing the county Sheriff with our assistance
whenever requested. We have often transported prisoners from other counfies to Madison or
from Madison to other counties for housing, heazings, or transfers to other Types of facilities. We
have made our officers available for assistance on warrant work, community service supervision,
and many other areas of law enforcement. The benef t to both the County and the City is
significant in many azeas, and the improved relationship between the two agencies does not
appeaz to have gone unnoticed on the part of the City or the County.
2) The City continues to have serious reservations concerning the equity issues
presented if the City pays additional funds to fmance a facility which is already paid for in lazge
part by citizens of the City of Rexburg. According to the tax records of Madison County,
approximately 41 % of the funds that aze currently paying for the facilities in question, are
generated by residents of the City. This does not take into consideration, the fact that the
Sheriff's Department is funded 41 % by residents of the City, as well as numerous other County
agencies that may not have to devote as much attention to the City as a result of the City services
provided.
3) At the present time, fine collection revenues realized by the City aze used to offset
some of the enormous costs of the City Police Department. Any reduction in the amounts
collected would have a negative impact on our ability to maintain the same level of police
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COURT FUNDING
FEBRUARY 12, 1996
PAGE2
presence, as well as impacting our general fund and property tax allocations. The tax
implications are as yet unquatitifiable, and would need further review if the matter cannot be
resolved. _ _. __
4) Nevertheless, the City acknowledges the need for cooperation in arriving at the
equitable answer to the funding question, and is prepazed to offer an annual apportionment of the
fines collected on a percentage basis. It would be our proposal, that the County provide the City
with the necessary fines collection data from May 1 through Apri130 of each year, which in turn
would assist the City in determining the appropriate amount to be paid to the County in
accordance with the following:
PERCENTAGE OF
FINES COLLECTED
Up to and including 70%
70.1%to 75%
75.1%to 80%
80.1%to 85%
85.1%to 90%
90.1%to 95%
95.1%to 100%
In excess of 100%
PERCENTAGE OF
FINES SHARED
20%
21%
22%
23%
24%
25%
26%
27%
In conclusion, there is a cleaz need to provide for planning of court facilities and
personnel. There aze numerous azeas that have come to light during the course of our
investigation, that can be shazed between the County and the City. It seems appropriate that the
parties involved should work together to provide the citizens of Madison County with the best
services available, whether that be provided by County or City personnel.
The City would like very much to sit down in a work meeting with the commissioners
and go over this proposal and the information contained in this letter. We would appreciate the
opportwuty to f nd out exactly where we all stand with respect to these issues. Please contact us
at your earliest convenience and schedule a time when we can iry to sort through any issues that
exist.
Sincerely,
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Nile Boyle
Mayor
City of Rexburg