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HomeMy WebLinkAbout1997.12.12 CITY COUNCIL MINUTESDATE: (121297) Present: CITY COUNCIL December 12, 1997 7:30 p.m. Mayor: Council Members: City Clerk: City Attorney Pledge to the flag. Nile L. Boyle Farrell Young Glen Pond Bruce Sutherland Marsha Bjornn Kay Beck Nyle Fullmer Rose Bagley Stephen Zollinger A motion was made by Bruce Sutherland and seconded by Glen Pond to approve the minutes. All Aye. Introduction of scouts. RE: PUBLIC HEARING ON SALE OF POLICE ANNEX TO COURTHOUSE TOPIC: (21,126,,, PUBLIC HEARINGS,POLICE DEPARTMENT,MADISON COUNTY, COURTHOUSE) Public Hearing on the sale of the Police Annex to the Courthouse formerly occupied by the Rexburg Police Department. This agreement is made and entered into this 17th day of December 1997, by and between the City of Rexburg, herein called "SELLER" and Madison County, a political subdivision of the State of Idaho, herein called "BUYER". (Copy of file). The buyer shall pay Seller $247,890. They will pay $50,000 prior to December 1, 1997, and annual payments of $50,000 until the balance plus interest accruing at 596 a year if annually paid. The Mayor read the contract which had been signed by the County Commissioners. (discussion) A motion was made by Bruce Sutherland and seconded by Farrell Young to approve the contract of sale. Glen Pond abstained from voting because of a possible conflict of interest. All others voting aye. RE: BEER LICENSES TOPIC: (21,126,,, BEER LICENSES) Mayor Boyle read the beer licenses. Rite Aid/Payless for off premise consumption Broulims for off premise consumption Teton Lanes for on premise consumption A motion was made by Glen Pond and seconded by Kay Beck to approve the beer licenses. All aye. RE: PROCLAMATIONS ON DRUNK DRIVING TOPIC: (21,126,,, PROCLAMATIONS,DRUNK DRIVING) Mayor Boyle read a Proclamation for National Drunk and Drugged Driving (3D) Prevention Month 1997. (copy of file) A motion was made by Glen Pond and seconded by Kay Beck to approve the proclamation against Drunk Driving. All Aye RE: CART BUS FUNDING TOPIC: (21,126,,, CART BUS,MADISON COUNTY,FUNDING,DONATION) The Mayor explained that they met with Cart again the other day and they all agreed that it is a good program in the community for people that are handicapped or can't drive and need some transportation. They asked the city for $5900 which there is no way in our budget we could do it. The Mayor suggested that we give $1400 which is the amount ax Madison County gave them and tell them that is all we can afford this year. Marsha felt that was fair. The Mayor said they figure it with the number of boardings, but they can pick up 10 people at Village Community Gardens cheaper than they can pick up one person in Archer, so the Mayor did not think that was a fair way to assess it. They are expanding their inter -City Bus Service and they have contracts with Greyhound for some of the others. Bruce stated the only problem he has is he supports helping the Cart people out because it is a worthy cause, however the comment from the Cart people was lets get what we can this year and then we are on the budget. He did not believe we want to make it part of our budget automatically every year. He felt it should be reviewed every year. It runs under federal guidelines. The Council agreed. Kay wondered about contacting our Legislators to make it so the charge could be different for people who could not pay much and people who could afford to pay but just need a ride. A motion was made by Bruce Sutherland and seconded by Marsha Bjornn to approve giving the Cart Bus $1400. All Aye RE: PUBLIC HEARING FOR NEXTEL COPM3UNICATIONS TOPIC: (21,127,,, PUBLIC HEARINGS,NEXTEL,C.U.P.,COMMUNICATION TOWER) Public Hearing for Nextel Communcations regarding proposing the issuance of a conditional use permit to provide that a telecommunications tower be erected adjacent to the Rexburg Water Tower, and that the existing telecommunications tower equipment building be enlarged. The zone within which this request is being made is currently L.D.R. The property is commonly known as the Rexburg Water Tower. Pam Nobel representing Nextel Communications. They are at the meeting to ask the Council for their approval to support the recommendation of Planning and Zoning to grant a conditional use permit to erect a 150 foot telecommuncation tower and shelter on the communication site. Glen stated we received a letter from Teton Communications and in it they requested that Nextel work out an agreement with them that if you cause any interference that they have a way to come back and get you to clean up the interference. He asked if they had entered into an agreement with them or anticipate doing that? Kelly Howell, Manager of Nextel - There is also a letter addressing that. It was not actually proposed that they enter into a formal agreement with Teton Communications but they have represented that first of all any interference that might be caused is very unlikely. They represent that if there is any interference directly attributable to their facility that they would work to eliminate the interference. It is highly unlikely that interference would occur. They are operating Nation Wide adjacent to communication facilities, even on the same towers. They strive to push for sites where existing communication facilities are to minimize the impact for the community. The equipment that they use and the F.C.C. license that they operate under require them to have F.C.C. acceptance and have their radio signals fall under admissions mask assuring that there is not any interference to other licensees. As a means of providing the comfort to Teton Communications or any others that might have that concern, they express their willingness to make sure that will happen and have submitted a letter to the Planning Commission so it would be on record. Glen stated in Teton Communication's letter on page three they state that it must be in the form of a written agreement among the parties. He asked if they were opposed to a written agreement? Based on what they wrote to the City and the letter in response, he did not think Nextel is meeting what they asked for because they asked for something in writing. Based on historical operations in other areas and based on the fact that they are operating under strict F.C.C. rules and regulations which are there for the protection of other licensees, their concern in entering into an agreement such as that there are so many causes of interference that could potentially happen to the communication system and there are several differences in the letter of opposition that possibly Nextel being a large business would take /p, business away from small companies. That is what they are concerned about but if there was some real evidence of a potential of real interference they would address that but there isn't. Stephen asked if there are provisions in the F.C.C. to regulate or mediate between two opposing companies that are accusing each other of interference? Mr. Howell stated theoretically yes but the F.C.C. is really not a good enforcement body and it may take a little time for that to happen. Stephen asked absent this agreement between Nextel and Teton Communications, does Teton Communications have an avenue by which they can approach F.C.C. if Nextel is interfering with transmissions will Nextel step in and address it. Mr. Howell said yes they would. Glen asked if Nextel was located a mile away, would Teton Communications have any grounds to say Nextel would cause them any interference or is it simply because Nextel would be in such a close proximity to them that the interference might occur? Mr. Howell stated the closer you are the greater the potential, however with their proposed height of 150 feet and their height of about 60 feet there is abundant vertical separation as well as horizontal separation which is about 275 feet between those facilities which is more enough to eliminate that potential with the type of filtering that takes place in the systems. He stated that there are other systems that are operating at the same frequencies currently at the site. There were systems operating up there when Teton placed their facility up there. Any interference Nextel might cause, they have also caused in locating next to an existent system. The Mayor asked what type of business Nextel is? Mr. Howell told him it was a wireless communications service. It is like a cellular service. It will provide a two way communication. It is state of the art technology. There would be no interference to any radio system existing. Stephen stated the trend and the recommendation nationwide right now is to encourage multiple use towers. He would suggest that we require Nextel to allow other providers to use their tower. He asked what their policy is on that? Mr. Howell told him they look at colocation favorably. They have done colocation in other areas on their towers. Stephen asked if they were one of the companies in the Salt Lake valley that use colocation? Mr. Howell said they are. (Discussion on colocation). Glen suggested that the Planning & Zoning look at addressing colocation of towers in a friendly manner so we don't have towers all over the hill. Steve Earl - Earl Communication They own the site next to this site. They built the site about 15 years ago and the same thing came up. They received a letter from their competitor that they would cause interference in the City. He did not know of any interference they have caused. About three or four years ago Teton wanted to build a site close to them and they didn't complain and now there is this letter about interference. He felt the City needs to take it for what it is worth. He said if there was a concern about interference, Earl's communication would be the ones that should be most concerned because they are right next to Nextel. He wanted the Council to know that they had confidence in Nextel and felt they would take care of any problems if there are any. A motion was made by Bruce Sutherland that we approve the Conditional Use Permit as recommended by the Planning & Zoning with the condition that they be amenable of colocation consistent with the contracts they now have in other areas. Seconded by Kay Beck. All Aye. RE: BUILDING INSPECTOR TOPIC: (21,128,,, BUILDING INSPECTOR,BUILDING INSPECTIONS) For the last while Blair Manwaring has been doing the inspection under Manwaring Construction. He would do the same as he is doing now and be paid the same as he is paid now. Stephen explained the contract. (discussion). A motion was made by Bruce Sutherland and seconded by Glen Pond to authorize the Mayor to enter into this contract with Manwaring Construction. All Aye. (Copy on file) RE: GOLF COURSE CONTRACT TOPIC: (21,129,,, GOLF,GOLF COURSE,GOLF BOARD,MCFARLAND*DUFFY) Stephen explained he had met with the Golf Board today and had made changes as they recommended. This addresses all the recommendations. He took the 20% incentive out of the contract. Marsha addressed some concerns she had and Stephen discussed those concerns. Nyle Fullmer felt this contract would be a positive thing for all and he felt comfortable with it. A motion was made by Glen Pond to proceed with the Gold Course Management Contract based on the County approval. Seconded by Nyle Fullmer. All Aye (copy on file) RE: STREET DEPARTMENT TOPIC: (21,129,,, STREET DEPARTMENT,STREETS) Glen asked if the Street Department employees have a pager or a phone to use when storms hit? The Mayor told him they were going to use phones and they did have them now to use. A motion was made by Glen Pond to pay the bills. Marsha had some questions on the bills. Motion seconded by Kay Beck. All Aye. Meeting adjourned. Nile Boyle, Mayor Rose Bagley, City Clerk lay