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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 ~~~ :°". ( ~_~ - 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. `~"~' /f, 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. 1 ~ j ~'c'+J,~c Mayor, tie L. Boyle !' ~/ City Clerk, Rose%Ba ~y ri 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. ^,, ,~" ,, ~~°~: ~? ~: 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, ~i ~~-' .L..~,.~-:~-.-- Loa Lee Hansen LLH%llh Copies sent to: Rod Jones/ ColdweL]L Banker Jeff LerwiLL/ Countrywide Properties ov~TRY~~® ®. ~ ~S G ~ f „ boo PROPERTIES "~ r ~' LOA LEG HANSGN~ G.R.I. i , • , 220 Ensr 200 Nonni, Scone J ~. ~~ ~ e~ F 0 usn _~ ~ ~ R (208035G-7JOU r:~t~:~ .:...:1,~ ,~s~~ 56-7300 • Fax (208) 356-7272 RFS. QOR) 356-5 IOY '2081 356-7272 Cnrnrnc¢inI • Re. riJenrinl • Agriaulmrnf Y _L 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 (~~~~I _, _ 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 f.f~' ~~ ~ 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, ~~ ~~~- Nile Boyle Mayor City of Rexburg