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HomeMy WebLinkAbout1996.10.02 CITY COUNCIL MINUTES DATE: (100296) State of Idaho) County of Madison( ss City of Rexburg) City Council 10/02/96 7:30 P.M. Present were the following: Mayor: City Council Members: Excused: City Clerk: Excused: Finance Officer: Pledge to the flag. Nile Boyle Kay Beck Bruce Sutherland Nyle Fullmer Farrell Young Marsha Bjornn Glen Pond Rose Bagley Stephen Zollinger, Attorney Richard Horner A motion was made by Kay Beck and seconded by Farrell Young to approve the minutes. A11 Aye DeLynn Edstrom was at the meeting. Mayor Boyle stated that DeLynn has received an award for the Outstanding Operator from the A.W.W.A. Intermountain Section. He showed the award and told DeLynn that the city appreciated the good job he is doing for the City. DeLynn told the council he appreciated working for the city. RE: SAFETY CONCERNS BY LINCOLN SCHOOL TOPIC: (21, 1,,,LINCOLN SCH0OL,SAFETY,P0LICE,3RD EAST,2ND SOUTH) Karen Muir was at the meeting to talk about safety concerns by Lincoln School. She is the president of the P.T.A. and there is a concern about the intersection at 3rd Eaet and 2nd South by the school especially just before school in the morning and after school in the afternoon. After talking to the principal and some parents, they would like a caution light by the school for the morning and after school. A lot of the time the speed limit around the school is not observed. Because a lot of people are speeding around the school, there have been a lot of close calls with children nearly being hit by a car. They would like to have the speed limit at 10 to 15 m.p.h. and have a police officer up there part of the time. By the school it is a three-way intersection, 2nd South, 3rd East and Birch. There is no adult crossing guard. They have 4th graders there as crossing guards taking charge and it is not working well. The problem is 20 minutes before school and 20 minutes after school. Parents drop their kids off at the same time the buses come and the kids nearly get hit. Bruce stated that last year fourth graders were doing it but they had an adult supervising and that worked well. He told them that 20 m.p.h. is pretty slow. Farrell indicated that they have a crossing guard at 2nd East and 2nd South. They have talked to the school district to get more guards and they won't give them anymore money. They only allow one crossing guard per school. Norm Aldridge has volunteered to be a crossing guard. They would like the city to pay for a crossing guard. A lady stated that they have a 4th grader in their family that she denied permission to be a crossing guard because it would add one more child at that intersection to be responsible. In the winter the visibility is poor and you can't see at that corner. The mayor stated that he did not know the cost of the blinking lights, but they were very effective. Mrs Baird stated that the slow down signs for the school should be back further so the traffic would be warned sooner. Bruce stated that in areas that have those blinking signs, they have a healthy fine for the offenders. °-, ~., The mayor turned it over to Nyle Fullmer to meet with the police and see if a better job of signing and policing could be done or what the beat solution could be and have him report back. RE: RESOLUTION 96.05 RAISING WATER RATES PASSED TOPIC: (21,2,RE5,96.OS,WATER RATES) 7:45 P. M. Public Hearing regarding raising the water rates. Richard explained. It has been three years since we raised the water rates. ("""'~. Nothing in water department has changed over the three years. The increase is mostly due to inflation. The increase will be about 2 1/2 cents per thousand gallons with an increase for the base rate $1.60. '' For a normal size home using about 10,000 gallons a month, their bill ~~ will go up about $1.60 or $1.70 per month. Mayor Boyle read Resolution 96.05 raising the water rate. (copy on file) The mayor explained that when we built the water tanks on the hill, the college gave $300,000 toward the construction of the water tanks. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve Resolution 96.5. The mayor asked if there was any public input? (A question about the rates at Rexburg Heights. The mayor explained.) A11 Voting Aye to the motion. RE: CURFEW ORDINANCE PASSED - 3RD READING TOPIC: (21,2,ORD,789,CURFEW) 3rd Reading on the Curfew Ordinance. The mayor read the letters that have come in from Maki Fujimoto in favor; Ve11a Orme in favor; Jay Huber against; Michelle Hansen against; and Jane Morford Hi11 in favor. (on file). The mayor read a letter from Chief Archibald in support of the ordinance (on file). The mayor discussed the issue. They answered questions at the meeting. Letter from Dale W. Storer regarding a proposed amendment to the Idaho Code Section 50-302 regarding the fine imposed by a city of a misdemeanor violation. It also adds authority to impose a penalty for 1,__, an infraction in an amount not to exceed $300. It was the attorney's opinion that this should be an infraction rather than a misdemeanor. The law is funny, cities can't legally do infractions, there are magistrates in Idaho Falls that will not give tickets if they are misdemeanor. The magistrates in Pocatello insist that it be a misdemeanor. The reason our ordinance does not have an infraction is until the State Law ie changed it isn't legal for the City Police to give a ticket and give an infraction. (on File) The mayor opened it for citizen comment. Norm Aldridge- He wondered about Mr. Huber that wrote the letter, is he a father or able to be financial responsibility for the actions of the children. He understood that until the child reached the age of 18, the parents are financially responsible for anything they do. It would seem to him there is really nothing out that late at night that could possibly be that interesting. The mayor stated that he had several people say they would like it because they couldn't control their kids and would like to make them be home. Another comment was in the Kiwanis meeting there was at least one person that was afraid he could not control his teenager and what he wanted was he did not want to be guilty of a misdemeanor if his kid was out on the streets because it would show up on his record. (reading from the ordinance) A question if the County will consider a curfew. The mayor stated that he did not know but Sugar City will probably do it. Dana Miller- He is Megon's father, she was the girl at the last meeting representing the students. He had been an educator for several years and had a professional background. He realizes the problem. He assumed that because this is the 3rd reading and that the council was prepared and had made up their minds as to how they would vote. He would like to suggest another way and hoped they would listen to this way. He agrees that any system that is bases on punishment has some vary apecif is consequences. A punishment system only represses the behavior. Punishment also presents resentment against those who are preceding with the punishment. It also fails to teach the correct behavior. He asked what are the intended side affects of an ordinance like this? He questioned the word selective enforcement? The mayor explained. (discussion) Mr Huber showed a demonstration on some paper with two screens where he put sand through the screens. The larger hard sand did not go through the screen. We have a lot of laws that filter through the screens. The sand that was left would be the problem kids. It will increase the police time and increase the jail facility, what will it cost. He feels that this will create more problems. When you get rational people together they will come up with a solution that exceed anything that anyone else has come up with. He proposed that we have a 30 to 69 day reprieve on this so that we can get some representatives together from our schools, parents,law enforcement, city council, representatives from the parks, and possibly Chamber of Commerce. That way we could get all the interested parties together and work on coming up with something. He is confident that they can come up with something that is not a truce but as a truces and not as expensive as this and won't have the negative aide effects and won't be as intrusive or expensive as this. We hope we teach some positive behaviors. There is a lot ir. the ordinance he likes and enforce with his own children. Kay stated that the people he had talked to were in favor of it. Mr Miller- If you only have one choice, what do you choose? Marsha - Sased on the information we received from other communities, the other police chiefs and city councils, they are all in favor of it and have had it for a few years. The mayor told them we are already in the low area. Kay stated the same reason is why we have speed limits. Marsha asked if we could try this and if it doesn't work we could repeal it. The answer is yes. (questions and discussion) Nyle stated that he had people contact him who were in favor of it. He did openly say that if Dana is interested in trying to get something started to get another option, he had no problem with tabling it for 30 or 60 days to take another look at it. (discussion) Mr Hawks stated that kids need discipline, kids like discipline, kids will react to discipline. Mayor Boyle stated that people have told him they would like the curfew because they can't make their kids come home, but with the curfew the city could make the kids come home. (discussion) A motion was made by Nyle Fullmer to table it until November 6 or 20. (discussion) --- Marsha suggested that we poll the audience for those in favor or not in favor of the curfew. The majcrity were in favor of the curfew. Marsha stated that this is the third reading of this Ordinance and she felt the public have had ample time to come in and comment. The lack of citizens response against it shows her that they want the curfew. The motion made by Nyle dies for lack of a second. ORDINANCE NO. 789 AN ORDINANCE REPEALING SECTIONS 21 THRU 23 OF CHAPTER 1 OF PART 111 OF THE ORIGINAL REXBURG CITY ORDINANCE, AND ADOPTING A NEW ORDINANCE ENTITLED "JUVENILE CURFEW", STATING THE PURPOSE OF THE ORDINANCE; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OP MINORS AND FOR BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR; ~f REPEALING ALL ORDINANCES OR FARTS OF ORDINANCES IN CONFLICT THEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Ordinance 789 was placed before the council. A motion was made by Marsha Bjornn and seconded by Kay Beck that Ordinance 789 be passed as written. Those voting aye: Marsha Bjornn Bruce Sutherland Farrell Young °- Kay Beck Those voting nay: Ny1e Fullmer Absent: Glen Pond The roll showed all councilmen present, except Nyle Fullmer, 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. The council told Mr Miller to go ahead and form the committee and see what they come up with and council will consider it. RE: RESOLUTION 96.06 NUCLEAR WASTE PASSED TOPIC: (21,4,RE5,96.06, NUCLEAR WASTE) Mayor read Resolution 96.6 (copy on file) This is in support of the Governor's resolution giving their support for the Settlement Agreement between the Governor of the State of Idaho, the Department of the Navy, and the Department of Energy. Be it resolved that the mayor and city council of the City of Rexburg, Idaho, express their opposition to Initiative #3. A motion was made by Kay Beck toapprove Resolution 96.6. Seconded by Bruce Sutherland. A11 Aye. Recognition of Scouts. RE: SWIMMING POOL TOPIC: (21,4,,,SWIMMING POOL,PERRY*DIANE) Marsha gave a report from the Swimming Pool Committee. They have recommended that we not accept Mrs. Perry's proposal to manage the swimming pool. She read the reasons. (copy on file) Mrs Perry was at the meeting and disagreed with the reasons. Farrell Young stated that he had heard that we are getting a lot of support for a Recreation District. People are very positive. RE: ALLEY'S TOPIC: (21,4,,,ALLEY'S,MADIS0N COOP) Nyle was approached by Phil Garn about the alley behind Madison Coop. The mayor told the council that it ie a private alley not a city alley so we don't maintain it. Only if it is dedicated to the city can we maintain it. The alley to the north of that alley is a city alley. The alley behind Madison Coop does not go anywhere. Bruce reported that the Airport met. They talked mostly about questions about extension in the future. Farrell stated that the stairs at the Tabernacle Civic Center are finished and they look good. A motion was made by Ny1e Fullmer and seconded by Kay Beck to pay the bills. A11 Aye Meeting adjourned. ~~ i ~ ~ Mayo , Nile Boy e CityClerk, Rose ~agley~