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HomeMy WebLinkAboutALL DOCS - 08-00213 - Professional Plaza Modification - Final Plat"Customer Support Services ��`'` �� errY oe City Council Minutes z REXBURG < 12 North Center blairk @rexburg.org Phone: 208.359.3020 t. rn,na :u Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Mayor Shawn Larsen Council Members: Donna Benfield — Council President Faaell Young Christopher Mann Rex Erickson Randy Schwendiman Bart Stevens 7:00 P.M. — Pledge to the Flag November 15, 2006 City Staff: Stephen Zolhnger —City Attorney Richard Homer — Finance Officer John Nlilhr — Public works Director Val Christensen — Building Official Gary Leikness — Planning & Zoning Administrator Blair Kay — City Clerk Celeste Beattie — Deputy City Clerk Roll Call of Council Members All Council Members were present. Consent Calendar The consent calendar includes items which require formal City Council action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the City Council's agenda packet regarding these items. A. Minutes from November 01, 2006 meeting B. Approve the City of Rexburg Bills Council Member Mann moved to approve the Consent Calendar; Council Member Schwendiman seconded the motion; all voted aye, none opposed. The motion carried. Public Comment on issues not scheduled on the agenda (limit 3 minutes) -NONE Committee Liaison Assignments for 2006: A. Council Member Chris Mann Parks & Recreation • Museum Committee- Romance Theatre Committee Council Member Man said Parks and Recreation have not met; however, they did meet last night as a subgroup of urban renewal to discuss the Louisiana Pacific property. The Museum Committee will meet tomorrow. The Romance Theater Committee is sponsoring their "Black Tie" dinner tomorrow night at BYU -I in the Manwaring Center at 6:30 P.M. B. Council Member Donna Benfield Beautification Committee• Police Department Council Member Benfield said the Beautification Committee met last Friday. They are still working on a tree plan. There was discussion about the roundabout with associated comments and concerns. Streetlights will be installed to shine on the roundabout sculptures. Christmas lights will be turned on the day after Thanksgiving downtown. There was discussion about landscaping the intersection of 2° East and Main Street. The plan for this project will be in conjunction with ITD. Council Member Mann said the ice skating rink will be at the old Madison coop on Main Street. Mayor Larsen said the price should be $1.00 to skate and $1.00 to rent skates. Council Member Benfield added Premiere Powder Coating & Custom Fabrication has put in a bid for 12 benches and 12 trash receptacles for Main Street. This work will take place in the spring. No report from the Police Department. • • C. Council Member Rex Erickson Airport Board- Planning & Zoning Council Member Erickson said that the Airport Board has not met since their last meeting. Planning and Zoning met on November 2 " 2006. There are two items on tonight's agenda associated with Planning and Zoning. Mayor Larsen said due to illness, Gary Leikness would not be joining them tonight. D. Council Member Randy Schwendiman Golf Board• Trafic & Safety• Emergency Services Board Council Member Schwendiman said the Golf Board is still working on the 9 hole project. Traffic and Safety met and they have two new board members. Emergency Services will meet later this month. E. Council Member Farrell Young Tabernacle Committee- Rexburg Arts Council Council Member Young said the Tabernacle Committee has not met since the last City Council meeting. The Rexburg Arts Council sponsored an orchestra concert that was well attended, and well appreciated. They collected quite a bit of money. This money is turned into the city account for the Tabernacle and it is allocated back out for Tabernacle projects. The Tabernacle fund is a fund with a running balance that carries over to the following year. F. Council Member Bart Stevens Trails of Madison County• IBC Committee Council Member Stevens said the Trails of Madison County Committee has not met since last their last meeting; however, they are scheduled to meet tomorrow night. G. Mayor Larsen Mayor's Youth Advisory Board- Legacy F&ghtMuseum Mayor Larsen said the MYAB met tonight to plan the Turkey Trot fun run. It starts at 5:00 P.M. by the Christmas tree at the end of Main Street. There is a $2.00 donation requested to participate in the fun run. The proceeds will go towards the "Shop with a Cop" program. One of the major "Shop with a Cop" donors last year is not donating this year, so we are trying to raise the funds for children to shop with a police officer. Last year 60 needy families were assisted through this program. The Christmas tree lighting on Main Street starts at 6:00 P.M. on Friday, November 24. After the Christmas tree has been lit, there will be Christmas caroling on Main Street, Christmas cartoons showing at the Westwood Theatre, and talent and music at the Tabernacle. It will be a good event sponsored by the Chamber of Commerce. Council Member Benfield received a phone call asking how the turkeys would be kept together on Main Street. The Legacy Flight Museum is finishing up their first year of operation. There will be an appreciation dinner this week on Friday night. Public Hearings 7:30 P.M. Adopt Electrical Inspection Fees — Val Christensen Building Official Christensen introduced Bret Stoddard to the City Council as the new electrical inspector. Bret Stoddard was asked to share his background. He has worked in the electrical field for over eight years. He has his electrical contractor's license; however, he has put his electrical contractor's license in inactive status to work for the City to avoid a conflict of interest. He has experience in residential construction. He is certified as a residential, commercial and industrial electrical inspector. Building Official Christensen provided some background on the proposed electrical inspection fees. The city has kept the same fees as the electrical fees for the State of Idaho. Bret Stoddard said the city added the temporary electrical permit to the regular electrical permit for one permit for one job. The city has added these two state permits together into one permit with the same fee the state charges for the two separate permits. This way everything is on the same page. It is the same dollar amount as the state temporary permit and state permanent permit. Mayor Larsen asked if the city is doing all of the electrical inspections, or is the state doing some of the electrical inspections. Bret Stoddard said the state is doing the permits they received from the applicants. The city started on September V, 2006, taking city electrical inspection applications, while charging the same application fee amount as the state. All of the comments have been positive from the contractors. Council Member Stevens said contractor comments in the field have been positive from his perspective. Bret Stoddard is a great asset to the city. Council Member Mann asked how many electrical inspections are done per week. Bret Stoddard said "on average" about 15 electrical inspections are done per week. Building Official Christensen said the state did not turn over state permits before Bret Stoddard started. We are still at the infancy stage doing electrical inspections. The city has been using Bret for maintenance, including assisting Quinton Owens on residential inspections. Bret is a certified single family home International Residential Code inspector. Council Member Young asked for the response time from the time a call is received until the inspection. Bret Stoddard said the Building Department asks for a 24 hour lead time; however, they do most inspections within 24 hours. It is usually done the same day in the morning or after lunch. Mayor Larsen opened the public hearing: All those in favor - NONE All those neutral - NONE All those opposed - NONE Council Member Mann moved to adopt the electrical inspection fees as presented. Council Member Schwendiman seconded the motion. All voted aye, none opposed. The motion carried. Council Member Benfield asked if she could raise the issue on a street name. Council Member Benfield noted the street name of Red Tape Street in the Lamoreaux Subdivision. It has been plated with that name. City Attorney Zollinger said the city could change a street name. Mayor Larsen said the issue could be put on a future agenda. Council Member Erickson said it would not be a problem to contact the developer to change a street name in a development. Mayor Larsen said the Staff could contact the new owners to consider changing the street name. City Attorney Zollinger asked the City Council to make a motion to have the cost of the notification and publication of the street name born by the city. Council Member Benfield moved to have the city act to change the name of Red Tape Street; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. New Business: A. Preliminary Plat — The Meadows, Phase Two Public Works Director Millar reviewed the proposed plat. The developer has removed all old buildings on the parcel and they have cleaned up the site for new town homes and a community building with a seconded access. They will have two driveways coming off 7 South for this development. Planning and Zoning has reviewed the proposal and they have recommended the request for approval. Council Member Erickson said it was approved by Planning and Zoning with Staff approval. This proposal is a good addition to this development. The south end of the development will have a club house. Council Member Stevens raised concerns with the • 4 conditions list and he wanted to know if these items were doable. Public Works Director Millar said the list is doable. Council Member Mann asked if the development met all of Hwy 20 standards. Public Works Director Millar said there were no city standards yet, however, the developer did put in a vinyl fence for better presentation and they have cleaned the area up. Council Member Erickson moved to approve the preliminary plat for The Meadows, Phase Two with the condition of Staff, Council Member Mann seconded the motion. All voted aye, none opposed. The motion carried. B. Preliminary Plat — Harvest I ieights, Division 3 Mayor Larsen discussed the development of Millhollow Road next to Harvest Heights, Division 3. He asked if that property would be dedicated to the city. Council Member Erickson said it was not discussed in Planning and Zoning; however, the developer has dedicated road right -of -way on all of his other projects, so Council Member Erickson felt it would be dedicated on this project. Mayor Larsen asked the City Council to observe that eight lots of the development were gifted to the LDS Church. The Church will be facing 7 South. Richard Smith visited with Mayor Larsen concerning the e lots. Richard Smith said the development will not access Millhollow Road or 7'" South, in the event they build a church house. All access for the development will come off Twin Canyon Road. Public Works Director Millar said Millhollow Road would be dedicated to the city. Council Member Erickson said Planning and Zoning is okay to move forward on this proposal with Staff approval. Council Member Young moved to approve Harvest Heights, Division 3; Council Member Erickson seconded the motion; all voted aye. The motion carried. Mayor Larsen asked to have the approval of the final plat contingent upon the Church being built as discussed. Council Member Young indicated the plan for the Church had been approved by the Church of Jesus Christ of Latter Day Saints. C. Council Member Sehwendiman asked to be excused from this discussion. Council Member Mann asked if the issue would be discussed or is the City Council just setting a public hearing date. Mayor Larsen said the discussion will be to set a public hearing date. Public Works Director Millar explained they are considering alleys on both the east and west sides of Professional Plaza. This matter has been brought to light through Doctor Doug Smith's interest to expand his building. The alleyway became a portion of the plat in the 70's. Currently, Doctor Smith's building is over the west alleyway. The city has not maintained the alleys on either side of Professional Plaza. It may be in the best interest of the city to abandon these alleyways and retain ownership of the roadway parking area in the center of Professional Plaza. The City would maintain an easement for city services. The vacation would include the east /west access points. Council Member Mann asked if it was a home, and would the home owner have built this far into the backyard. Public Works Director Millar said they would not have done so, because there is a backyard setback requirement. City Attorney Zollinger said it would be a 30 day notice from a City Council resolution to proceed with a public hearing. Tonight's discussion is for the City Council to decide if they want to proceed with this proposal and if so, to set the "intent to abandon" for public hearing. Council Member Erickson asked if the lot behind Doctor Smith's is owned by Doctor Smith. Public Works Director Millar said it was owned by Dr. Smith. Council Member Erickson asked how this would affect parking for Doctor Smith's business. Can Doctor Lovell and others extend their buildings back to the west? Public Works Director Millar said if the city abandons the alley, the property would go to adjoining property owners on a 50/50 split to each property owner. Public Works Director Millar said any building expansion would require a parking review. Mayor Larsen asked if there was a buffer between the Professional Plaza and the zone next to it. Functionally, this abandonment would not change buffering or the operation. Access would still need to be provided for all of these buildings. We could abandon the alley with the idea that the alley must remain accessible. City Attorney Zollinger said no; the city could t i only require a "mutual use agreement" between the parties prior to the abandonment; however, he was unsure of the details. Council Member Stevens said the east /west roadways may take away access from adjoining property owners. The west side would not be affected like the east side which may preclude abandonment. Mayor Larsen asked for the City Council's feeling on setting a public hearing date to abandon the alleys. Council Member Erickson asked if it would be advantageous before they make a decision to decide if the east side alley should even be considered for abandonment. Mayor Larsen referred the City Council to the map of the properties. On the west side most of the properties are the same property owners. The city would open up a real challenge if a decision was made to abandon both sides. Council Member Benfield asked about notification of vacations. City Attorney Zollinger said that you only have to notify those properties that are adjoining the abandonment. Council Member Young moved to proceed with abandoning the west side of Professional Plaza; Council Member Benfield seconded the motion. Those voting aye Those voting nay Donna Benfield Christopher Mann Farrell Young Rex Erickson Randy Schwendiman Bart Stevens The motion carried. D. Review and discuss Resolution 2006 —14 (Records Retention Schedule) The item will be placed on the agenda for December 20, 2006. Report on Projects Public Works Director John Millar 1. Design work is being done on the e North Connector Bridge on the Barney Dairy Road as construction is shut down for winter. 2. Design work is also being done on the alley project north of Main Street as construction is shut down for the winter. Staff is repackaging the sewer line project to get better bids. 3. LID project is shut down for the winter. 4. We will be doing construction on the Treatment Plant project through the winter. Contracts have been signed and we have placed equipment orders. Work will be done as equipment comes in. Council Member Young asked who was doing the inspections on the hospital project. Public Works Director Millar said city inspectors were doing the inspections. Council Member Mann asked about the animal cages for the animal shelter. Public Works Director Millar said they have been ordered on an eight to ten week delivery. They were ordered the day after they were approved. Mayor Larsen asked Public Works Millar about water and wastewater hookup and processing fees. Public Works Millar said that Finance Officer Horner had prepared this information. Financial Officer Report Richard Horner A. Set Public Hearing for "garbage rate" increase for December 13, 2006 Mayor Larsen reviewed the calendar for the first meeting in December. He will be attending the National League of City's Conference in Reno, Nevada. The Council discussed having a regular meeting schedule in December. They will have a regular meeting schedule in December with the public hearing set for December 6' 2006. 0 0 B. Discussion to set hearing on "water & wastewater hookup /capacity fees Finance Officer Horner explained it has been two years since the last price change in hookup fees for water and wastewater. Applicants need to buy into the city systems in order to pay for their share of the plant facilities. He reviewed the formula to get the average home hookup fee by dividing present value of plant by plant capacity. This means that for the average home water would increase from $1,550.00 to $1,767.00. Wastewater would increase from $1,000 to $1,266. The engineering costs used for this calculation have been indexed since 1900. Mayor Larsen asked Finance Officer Horner to walk the City Council through the figures for water. Finance Officer Horner presented the figures as of September 30 0 ', 2004. The water capacity for the plant is currently 11,000,000 gallons with assets of about $12,000,000. The cost per gallon a day is $1.06. A home uses 1,667 gallons per day on a national average. This sets the residential hookup fee to $1,767.00. Council Member Erickson requested the percentage of increase. Finance Officer Horner said the increase is about a 14% increase. Council Member Erickson clarified water increased 14% and wastewater 26 %. Finance Officer Horner confirmed. In the last couple years the city had to add more physical assets to the wastewater to maintain EPA regulations. We also use two different indexes, a construction index and a building cost index, to determine required assets. Inflation has also played a big part to this increase. Council Member Mann asked what color he would be if he was a new home. Finance Officer Horner said he would be both blue and green. Water is blue at $1767.00. Wastewater is green at $1,266.00. Yellow is the charge for Sugar City and Teton City; if they buy more capacity. Council Member Mann asked why apartments are less than homes. Finance Officer Horner said the $400.00 is for a 6 student apartment. More than four apartments will be higher than a home. Council Member Schwendiman reviewed Rexburg's numbers to the national numbers. $1,667.00 for homes is different because home owners sprinkle lawns. Council Member Stevens wants time to review the proposal. Council Member Schwendiman agrees to add some review time. Council Member Mann moved to discuss on December 20, 2006; Council Member Benfield seconded the motion; all voted aye, none opposed. The motion carried. Calendared Bills and Tabled Items A. BILL Introductions: - NONE B. First Reading: Those items which are being introduced for first reading. 1. BILL 975 — Rental Registration Requirements Mayor Larsen asked if anyone wanted to comment on BILL 975. City Attorney Zollinger explained two changes from the last proposal. A. For the protection and general welfare of the inhabitants of the city, every Residential Rental in excess of one rental unit per parcel operated within the city comes within the police power of the city, and no person shall engage in the operation of a Residential Rental, Apartment House or Apartment without first registering unless exempt under this Ordinance or exempted by state law. • 0 B. The schedule of fees for registration of a Residential Rental, Apartment House or Apartment shall be set forth in the Business Registration Fee Schedule and may be amended from time to time by Resolution of the Rexburg City Council in accordance with applicable State laws. Council Member Young asked if this BILL would take apartments out of the business registration process. City Attorney Zollinger explained it would amend the current business registration ordinance; however, this BILL would govern business registration for apartments. Council Member Mann asked where the proposed language originated for the student housing contracts. It was noted Virginia Pratt presented the student contract information to the City Council. Virginia Pratt, apartment complex owner, explained the university's suggested language for student housing contracts would indicate to the student if their housing contract came with a parking stall. The student would be required to sign a disclosure statement noting their parking status at the complex similar to this example: "At housing complex, there are parking stalls available for residents. I hereby recognize that I DO have . I DO NOT have a parking stall available as part of this rental agreement. I agree NOT to bring or park a vehicle on the premises if a parking stall is not included with this agreement. I further understand that there is no overnight on -street parking in Rexburg November 01, thru March 01; Student Signature." The apartment complexes are being reviewed to add additional language indicating how many parking stalls are available in a complex as noted above. Virginia gave some examples of the proposed language on the student housing contracts to the City Council for review. City Attorney Zollinger said the language would compliment the proposed ordinance. The apartment complexes and other rental units would be required to formally declare the availability of parking for a rental unit. He indicated a business would get a compliance review when the business use changed. Council Member Schwendiman said the city would not dictate the language in the housing contracts. Virginia said the language examples were given to the City Council for their information only. Council Member Stevens moved to consider BILL 975 — Rental Registration Requirements first read, Council Member Young seconded the motion; all voted aye, none opposed. The motion carried. C. Second Reading: Those items which have been first read. — NONE D. Third Reading: Those items which have been second read. — NONE E. Tabled Items Those items which have been the subject of an affirmative vote to a motion to table: - NONE Mayor's Report A. Consulting Agreement discussion: City Attorney Zollinger requested a budget adjustment to have a part time back up attorney for a couple of days per week. He is asking for 16 hours per week per year for $24,000. The City Attorney's office is currently paying $15,000 a year for hired help at the rate of $100.00 per hour. The hiring of two judges in St. Anthony will provide an opportunity for the city to request some assistance from attorneys, who are changing their schedules. 0 0 Council Member Schwendiman asked if there was office space for additional help. City Attorney Zollinger explained his office will have enough space. The Compliance Officer has been moved to City Hall from his office, freeing up some space. Council Member Mann reviewed the types of assignments the contract attorney would be given. City Attorney Zollinger explained the candidate is a deputy prosecuting attorney in Bannock County. City Attorney Zollinger would need coverage on Thursday for the criminal calendar and a late night meeting. Council Member Stevens recalled a prior City Council discussion last Friday, where the City Council thought is was a good need. Council Member Stevens moved to approve the budget adjustment request for additional attorney support as submitted by the City Attorney; Council Member Benfield seconded the motion; all voted aye, none opposed. The motion carried. B. Hire Additional Engineering Support — Public Works Director Millar Public Works Director Millar passed out a handout requesting the hiring of two additional engineering positions. One would be a technical position for handling office and field work. Some of the projects have been moved to outside consulting like HVAC at the police office. The Sprinkling System in Porter Park and the Sand Storage building could go outside. The cost for these items was noted on the handout. The outside costs would be $350,000.00 vs. in -house costs for $144,000.00. It boils down to what the best way to handle public funds is. This is a long term commitment which he recognized and admitted this needs serious review. Council Member Mann has some concerns if two new engineers are hired would they have expertise in special areas. Public Works Director Millar said one would specialize in design and then follow through with the construction. The other position would take roads, airport projects, water & sewer line extensions, and be able to handle a fairly broad range of projects. Council Member Benfield asked about space. Public Works Director Millar said space would not be an issue. One space is being used for a part time intern. There is one additional space available but basically we will just have to tighten up. One option would be to finish space upstairs in the construction office. Council Member Young asked if there was anyone available. Public Works Director Millar said the City would have to seek outside applications. Council Member Schwendiman reviewed the costs for the positions against in -house verses outside engineering costs. Public Works Director Millar said at some of the engineering costs would be picked up by the developer on an in -house project. The outside fee costs were taken from an engineering table and include other costs other than engineering. It is a sliding scale based on the size of the project. Council Member Young asked if these positions would help with Public Works Director Millar's duties. Public Works Director Millar said it would; he would direct more of his job responsibilities to his Staff. City Attorney Zollinger asked for clarification on the two positions. He asked if Public Works Director Millar was hiring one engineer and one engineering technician, the latter only requiring an associate's degree. Yes, per Public Works Director Millar. Council Member Schwendiman asked about overtime. Some of the overtime is used for part time help. Public Works Director Millar said it would help get more City projects on the table for construction in the field. Council Member Benfield asked if there were items on the list handed out that were rolled over. Public Works Director Millar said several of the projects have been rolled over from 2006 to 2007; none were dropped however. Council Member Young moved to accept the proposal to proceed with the two positions, Council Member Schwendiman seconded the motion; Discussion: Council Member Schwendiman asked if the space they had would work without additional space. Yes, per Public Works Director Millar; all voted aye, none opposed. The motion carried. Public Works Director Millar added that they have hired two individuals to replace a vacant mechanic and wastewater position. 0 0 C. Building Safety's request for an additional inspector Finance Officer Horner said this position would be hired on the bottom scale for new university building inspections. The vehicle for this position is in the budget already. Mayor Larsen said the building department fund would fund this position. Council Member Mann has no problems; however, it could be a 36 month assignment. Council Member Schwendiman asked if we had space. Is this contingent upon approving a new space? Finance Officer Horner said the individual has a place to work. The position would be bid in January. Public Works Director is looking to fill his positions immediately. Council Member Mann moved to approve the new building inspector for BYU -I projects with the understanding the position could end at the discretion of the department head; If the building slows down the position could be eliminated; Council Member Stevens seconded the motion; all voted aye, none opposed. The motion carried. D. Remodel the upstairs of the city annex building at 19 East Main Street Council Member Young asked if it was a good idea to remodel a building if the City would look for space under one roof. Finance Officer Horner said there are already walls and a roof on the space. The upstairs of the construction building was discussed. Mayor Larsen said it would be good to have city hall under one roof. It would also be good to have the development used in the downtown area. Council Member Mann would like to see the upstairs before he votes on it. Finance Officer Horner said that Building Official Christensen used $50.00 for square footage for the remodel estimate. Council Member Stevens wanted a line item review. City Attorney Zollinger said our space upstairs is 91' by 25'. Council Member Schwendiman wanted to look at it too. He added that he would like bids reviewed before the final approval. Fie asked if the Council could postpone the vote until the next meeting. Delaying the vote would allow everyone an opportunity to see it. We can then pass a motion that would say "if the bids come in over what we approve, we have the opportunity to review it." Council Member Mann asked if an elevator would be required in a public building. Mayor Larsen said if you offer the same services on the main floor you preclude the need for an elevator. This item will be on the next agenda. E. Washington DC Consultant (Lobbyist) Mayor Larsen presented a budget request for $45,000 from contingency for an outside consultant to work on congressional requests. Mayor Larsen has contacted two references on this lobbyist. West Minster College spoke highly of the national group. They brought in $2,000,000 the first two years, and $350,000 last year. The second reference highly recommended the national group too. Mayor Larsen referenced recent congressional appropriations for Rexburg. He would recommend having a lobbyist to help Rexburg apply for congressional funding for Rexburg projects. The agreement needs to be in place by mid January, 2007 to get in the process for the next budget cycle. Council Member Young asked if there would be any change in the environment that would affect the relationship we have with Congressman Simpson. Mayor Larsen said he did not think the political changes in Washington would decrease the city's opportunities. Council Member Schwendiman would like to wait one more meeting before deciding. Mayor Larsen said it would delay the application due in the middle of January. He thought the 2e of December would be too late; however, he would respect the City Council's wishes to delay this for one more meeting. Council Member Stevens asked if the congressional appropriation would mainly help with our streets or with our recreation. He was concerned about the streets and felt that the community felt the same. Can these lobbyists help us procure money for streets? Mayor Larsen said there have been funds ear marked for roads. The road projects come out of the funds the state receives. Some of the funds have been ear marked in the ITD state budget for new road projects in other communities. He said the East Parkway would be a good project to seek congressional funding. One mile of this road on the 20 year, county transportation plan is projected to cost $5,000,000. It is a major road project that could have 0 9 a request for congressional funding. Mayor Larsen wanted their expertise to help target projects for Rexburg that would be considered good projects for congressional funding. Council Member Schwendiman asked if ITD would discourage this type of eat mark funding. Mayor Larsen said they do not like that kind of funding if they are not informed. This type of funding cut LTAC's state funding last year from $12,000,000 to $6,000,000. The Federal Transportation Board decided to take the ear marked funds off the top of the state allocation. It skirts the system of state road funding; however, Mayor Larsen noted several cities have received substantial amounts of funding from ear marked federal appropriation requests. Council Member Schwendiman was concerned with other projects having priority over Rexburg's projects. Council Member Stevens said the City Council budgets for additional items; however, they do not put additional money into streets. Council Member Schwendiman agreed to seek additional funding for city streets. Council Member Benfield would like more time before making a decision on the consultant request. She has checked with other cities on the issue. The other cities are either very supportive or they are not supportive of having a lobbyist. Right now she would vote against the proposal. Council Member Schwendiman said that he was not opposed; he just felt that he needed more time to think about it and make some phone calls. Council Member Benfield said right now she would like to see the money go into the streets. Council Member Erickson said both projects will happen and he suggested voting tonight. Council Member Stevens said that the other issue to consider in a future meeting is the connection fees for water and wastewater. Finance Officer Horner would like this to happen before another month passes. Council Member Stevens does not have a problem with another 15 -30 minute meeting. Council Member Mann moved to approve $45,000 out of contingency for a consultant (lobbyist) to work with federal employees about Rexburg projects; Council Member Erickson seconded the motion; Discussion: The $45,000 is for nine months of the 2007 budget. Finance Officer Horner explained Rexburg used to have a grant writer a couple years ago, who was not replaced. The grant writer position budget was more than this request. This request is to do some of the work the grant writer position would be doing for Rexburg. Those voting aye Those voting nay Rex Erickson Donna Benfield Christopher Mann Farrell Young Randy Schwendiman Bart Stevens The motion failed. City Attorney Zollinger asked if the City Council would like a special meeting to further discuss the building remodel and the Washington DC consultant. The City Council decided to have a special meeting on the 29` of November, (Wednesday morning at 7:00 A.M.) to review the request for a building remodel and the Washington DC consultant. Council Member Benfield asked if the lobbyist does work for city projects. Mayor Larsen said they have not done many city projects; however, hospitals and schools are their expertise. They would look at projects that would benefit both BYU -I and the city. They would use the relationship they have with Senator Craig to seek funding for Rexburg. F. Discussion on Professional Engineering Services (LP property) Mayor Larsen invited Johnny Watson from JRW and Associates to review his plans for the LP proposal for professional design services. Johnny Watson from JRW and Associates introduced his partner Brent McFarland from Lewiston, Idaho. State statute requires a Request for Qualifications (RFQ) for professional 10 i services. After a ranking process, the city selected JRW and Associates for their professional services. Following the selection of a professional firm, the city would negotiate with the firm on a price for their professional services. Mr. Watson reviewed the reason he would provide design services at no cost to the city. The city still has a lot of work to do to secure funds to finance a real project. JRW and Associates does not have a contractual relationship with the city. JRW and Associates feels obligated as professionals and City residents to extend these services at no cost for design development. They will work with a committee from the community to design a workable project that will fit within the budget the city is able to secure. This process will give an actual fundable plan to the community. JRW and Associates will get the city to that point at no cost. If an agreement can not be reached with the city and JRW and Associates, the second in line on the applicant list would be given an opportunity to contract with the city. Council Member Young asked if the committee chosen to work on this project would be a workable situation. Mr. Watson indicated the committee was a good representation of the expertise of the community. It will be a challenge to work the project into a fundable facility. Council Member Mann asked if the upfront hours would be added into the project later. Mr. Watson said those hours would not be added to the project. Everything done on the project getting it down to a fundable project by next March or April will be free of charge. JRW and Associates services will not charge for the professional design. It gives JRW and Associates a chance to give something back to the community. Council Member Young asked if the flood plain was a problem on the LP site. Mr. Watson noted habitable structures must be placed above the flood plain. The plan for the diving pool may need to consider the flood plain. Non- habitable structures like park shelters would not be required to be above the flood plain. So, if we plan for an indoor pool some day, the main level of the structure would have to be placed above the flood plain. Council Member Young thanked JRW and Associates on behalf of the city for their genuine offer and willingness to provide the engineering services to the city at no cost. Mr. Watson reiterated the position of JRW and Associates for providing the design concept at no cost to the city. The community has a lot of expertise in civil engineering and landscape architecture. They are happy with the team that has been put together for this project. Mayor Larsen said the LP Recreation Committee meeting went very well. Steve Kugath was named committee chair and Neil Floyd from Wells Fargo Bank was named co -chair. The committees plan is to take four months to develop a conceptual plan. They want a community meeting in January to get ideas from the community. Mayor Larsen feels good about the committee's expectations to have workable plans by March, 2007. Mr. Watson will keep the committee on task with reminders of site and budget constraints. Mayor Larsen explained a member of the Mayor's Youth Advisory Committee suggested a strip mall including a cafe, movie theatre, and a rollercoaster. Council Member Stevens noted the applicant was chosen on qualifications; not cost of services. They QRW and Associates) decided to offer free services after they were chosen. He appreciated their willingness to offer their services to the city. City Attorney Zollinger responded to a question about office space. He said Utah Power rents two offices from the city as part of the contract agreement that sold the building from Utah Power to the city. Adjournment Shawn Larsen, Mayor Attest: Blair D. Kay, City Clerk 11 1020 E. LInco10 HoaO - Idaho Falls, Idaho 83401 FAX 624 -6181 LEGEND & NOTES B sY.arswmwarx»/b+nTwwN{sA>9s ,� •,,.•wfxwr++mNmawm.x•t {tt{� __ ,emt.W mmws�xNlrB,x — aM wrxxw.xawwaxwr �rJ �u r� THE FIRST AMENDED PLAT OF THE PROFESSIONAL PLAZA MOD /F /CARON PLAT TO THE CITY OF RJE URO, MAD /SON COUNTI; IDANO A REPEAT or e PIPOIFESS/CWAL PLAZA MOO/F/CAT/QN PLAT BEING AORT of LOTS E '.�, 6 AN07, BLOCK / RIMY17OMION TO THE CITY WREMM, IDANO INTHE At N40MflAE Or=rlON EA L6N„ R.00E., as R I C' F Y A C C I T I O N L 0 C Y. I— QJ Lor 4 I /or r IJ B) tL0°o6'2YYA � 643.60 —' — — rt f /WLK UT2/ fL9fafNr .� B L E O C K 1 h IV y �.. .b1 �� � x � L LOT ti � 1 "V � C T — BLOCK 8 LOT 2 ? 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Ah9/e Thxx wxr xN rrm. nb,.rr.rw an.rx. Wr/tnr mnpd m, um NM Anxe.f b w tm+rbrr0xr4an NIRwM'N4 tLrabWN xxN,rNa{Ytxwrtrrdx mSbb lurwMgrMwe4am. INtl „Mr$6Yr m•/yy�,�, r/buim/brNd Md7AMta{ED IYT a iJff MdF&4M'd{ tIILY00YTMATRA'tG; tbaa taMC AYtt w AN Ar nxrh b W Nllw N rN hx Y N Wiry Cwuu NN n Mi rr t/ANUTAtImt 1 N A mw,wawxi.brmwwN arix badaN — (EA,YKA /tftx 0 0 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 p XX � fo 9� U � �a. C I T Y OF REX BURG 0— Amencas Family Community Professional Plaza Modification Final Plat 1. On April 29, 2008, the City Clerk directed the Rexburg Planning & Zoning Coordinator to proceed with a Request for the Final Plat for Professional Plaza Modification. 2. On May 1, 2008, Dan Dummar, of Dummar Law Offices, presented to the Rexburg Planning & Zoning Commission the Request for approval of the Final Plat for the Professional Plaza Modification. Mary Ann Mounts motioned to recommend for approval to City Council the Final Plat for the Professional Plaza Modification. Dan Hanna seconded the motion. None opposed. Motion carried. 4 �'; Y 3. Dan Durnmat�ndicated the lots are privately owned with alleys. Dr. Craig Smith attempted to build into the alleyway; however, the alleys (used for parking) are jointly owned causing a problem financing the project outside Dr. Smith's property line. The purpose of the re -plat is to transfer the alleys from join ownership to the adjoining property owners. Council Member Stevens asked about the sewer main in the alley. He understood there was a sewer main line in the alley. City Attorney Zollinger indicated they maintained the same exact footprint; however, the alleys were converted to a public easement for utilities. Council Member Stevens was concerned the building did not encroach into the sewer lines utility easement. City Attorney Zollinger understood there may be a water line under the building. Mr. Dummar said the building did not extend over a water line. He indicated the utilities were not going to be affected by this action. Public Works Director Millar reiterated the water and sewer lines are outside of the footprint of the building. City Attorney Zollinger indicated the petitioners understood if the utilities were not accessible, it would be at their cost to reroute the utility lines. Mr. Dummar mentioned they did not make any changes to the CCR's (Covenants, Conditions and Restrictions) with this proposal. Council Member Erickson indicated this plat revision is a cleanup action for this commercial subdivision. Council Member Stevens moved accept the Professional Plaza Modification Final Plat; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. P� -� o� 3. Preliminary Plat — Professual Plaza Modification Plat Dan Dummar 5 Mill Race Road. He presented the preliminary plat for the Professional Plaza Modification. We are simply re- platting the existing Professional Plaza plat to reflect the current ownership. We are vacating a private alleyway along the perimeter. He pointed out the private alleyway that is commonly owned by the individually owners of the subdivision. We are trying to transfer ownership from common ownership to the individual property owners. The issue is that when people want to do something with their property, they can't because it is commonly owned. There is currently one person that has expanded his building, and he needs to transfer everything into individual ownership in order for that to be approved. The owners of the subdivision have met with a city representative present, and have gone over this in detail. There is no change of zoning. He addressed the staff review notes. Stephen Zollinar said the city has requested that the owners in this subdivision to correct the issue that Dr. Smith has expanded his building onto property he does not own. This plat is their attempt to do this. If this is not corrected, he will have to move his building. The other owners in the subdivision all signed an affidavit that it is okay for his building to be there for the city to approve the building permit, but the mortgage company will not accept that. This plat will not change anything that the city is concerned about. The Commissioners discussed the plat. Chairman Dyer opened the issue to questions from the public. Ron Lindsay a neighboring property owner. We are concerned about the Professional Plaza. He asked if this means that Dr. Smith's building will encroach out onto the alley way. Stephen Zollinger said it already does, but it does not encroach into the setbacks. Ron Lindsay asked if this is a precursor for encroachment into residential areas. We have no objection at this time to the proposal. Chairman Dyer said that the Professional Plaza will still have the required setbacks off of the property lines. We have required setbacks to keep them from getting too close to the residential area. Mary Ann Mounts motioned to recommend to City Council to approve the preliminary plat for the Professional Plaza Modification Plat. Dan Hanna seconded the motion. Chairman Dyer abstained. None opposed. Motion carried. 0 • Customer Support Services ON Council Minutes 12 North Center blairk @rexburg.org Phone: 208.359.3020 x313 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 1 5 � C If Y OF REXBURG A""!r"us l pntily f;ef?ii wrly Mayor Shawn Larsen Council Members: Donna Benfield — Council President Farrell Young Christopher Mann Rex Erickson Randy Schwendiman Bart Stevens September 19, 2007 City Staff: Stephen Zollinger — City Attorney Richard Horner— Finance Officer John Millar — Public Works Director Val Christensen — Building Official Gan Leikness — Planning & Zoning Administrator Blau Kay — City Clerk 6:00 P.M. Work Meeting - Street design discussion - Kartchner Homes Troy Kartchner explained developers need guidance from City council on how they want Rexburg to go back to the grid system. He showed a conceptual idea of a plan Kartchner Homes would like to build in Rexburg on the overhead screen. The concept of Summerfield Subdivision included starter homes for first time home buyers, along with a mix of larger homes as well. Mr. Kartchner showed some examples of old neighborhoods that were built on the block grid system that have changed over the years. He asked for some vision from city council so Mr. Kartchner can build what is wanted in Rexburg. The city council wants all roads built to city standards of 68 feet. Mr. Kartchner explained they can build 68 foot wide roads and make them work for each subdivision; however, they may loose the grid system. He said an attractive area can still be built with 68 foot roads. Mr. Kartchner explained they do not want to build streets that would be all private streets. Private streets are not fair to citizens. They pay the same amount of taxes without the benefits, and they pay extra to maintain private streets. Council Member Erickson asked about the storm water system. A storm water system would need to be built. Public Works Director John Millar explained Rexburg has no storm drain system west of town. Council Member Stevens asked why they don't have a central storm water location to collect all the water. Mr. Kartchner explained it is too flat in the area where his company is now building. A storm water system requires storm water to flow block to block. • • Public Works Director Millar said some storm water can be handled on site with infiltrators, building a park, and some other alternatives. Kartchner homes are very flexible; they just need direction on what the city wants. Council Member Young asked when the city council asked for developers to go back to building on a grid system. Planning and Zoning Administrator Gary Leikness explained the comprehensive plan calls for developers to go back to the grid system. Mr. Kartchner explained the plat for Summerfield Subdivision would not have been approved if it was not on the grid system. Planning and Zoning Administrator Leikness said the Planning Department asked for the grid system in the Summerfield Development in the pre - application phase. Mr. Kartchner explained the grid system has pros and cons. He asked the city council to answer two questions: 1. What does the master plan look like and how does the city want subdivisions to look? 2. If the subdivision is on the grid system with 68 foot roads, how does the city want inner blocks to be developed? Does the city want a straight 68 foot road or is a split road okay (48 feet on each side for example ?) Council Member Young said the council has been approving plats that are not on a grid system. If the comprehensive plan calls for grid systems, the city council is not aware of this requirement. Council Member Erickson explained the city council wants 68 foot road on each side of the Summerfield Subdivision. It was denied because of the road widths, not because of the grid system. Public Works Director Millar explained there is a statement in the comprehensive plan that says where it is feasible, the grid system should be followed. Rexburg's addresses are setup on the grid system. However, there is room for flexibility because it is hard to develop on inner blocks. Council Member Stevens said the city has several streets that are narrow and it is very hard in the wintertime. Sidewalks are too close to the curb, so snow covers sidewalks and children have to walk in the streets. They have tried to regulate streets so this does not happen. Mr. Kartchner encouraged the city to look at other communities that get as cold as Rexburg to see their development requirements and how these city's requirements are working. Council Member Schwendiman asked if the interior of the subdivisions could avoid the grid system, would it be easier to develop. Mr. Kartchner said it would be easier for developers. Planning and Zoning Administrator Leikness explained the grid system is not required inside a subdivision, however, the perimeters of the subdivision need to be on the grid system as much as possible. The grid system will help future developers tie subdivisions together on the street system. Council Member Erickson explained the city council felt very strongly that 68 foot wide roads needed to be a standard throughout the development. 2 0 . Mr. Kartchner explained it is much easier to make a subdivision with 68 foot wide roads that are good for the end user, if there is some flexibility in developing the inner subdivision. He again suggested looking at smaller road sizes. Council Member Erickson told Kartchner Homes they need to build a subdivision with the perimeter on the grid system with 68 foot roads inside the subdivision and present the plan. Council Member Schwendiman asked for more discussion with Planning and Zoning on the grid system. Mr. Kartchner said planning experts from around the country are asking to go back to the grid system. Council Member Benfield asked how big the Summerfield Development will be designed. It is 250 acre; however, only 100 acres are developed in this proposal. Council Member Stevens explained it may be better to develop the inner subdivisions without the grid system, because it keeps residential streets from becoming arterial roads. Council Member Benfield agreed. Council Member Young suggested having a meeting with the city council and planning and zoning so they can understand what the Comprehensive Plan requires, so everyone can be on the same page. Council Member Mann explained one of the reasons the city council asked for 68 foot roads was so developers didn't have to develop three plans. Mr. Kartchner said they would prefer to come in on the grid system and design the interior of the development outside the grid system. Mayor Larsen called for a meeting with the Planning and Zoning Commission. The work meeting was set for September 20, 2007 at 12:00 noon. INSERT: Work meeting continued from September 19 to September 20, 2007 at noon. Septembet20.2007 Workmeet�ggAgenda item NOON Work Meeting - Street design discussion - Kartchner Homes With the Planning & Zoning Department The City Council reconvened the Kartchner Homes work meeting discussion concerning the Comprehensive Plan's requirements for a grid system. The entire city council, Mayor Larsen, Gary Leikness, Judy Hobbs, John Millar, and Winston Dyer attended the meeting. They discussed the grid ystem. The grid system needed to be maintained at the one mile parameter. Within the one mile grid system, a development could have flexibility to deviate away from the grid system. 0 • 7:00 P.M. — Pledge to the Flag Roll Call of Council Members All members were present. Consent Calendar The consent calendar includes items which require formal City council action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the City council's agenda packet regarding these items. A. Minutes from September 05, 2007 meeting B. Approve the City of Rexburg Bills Council Member Mann said on the very last page of the minutes regarding the annexation agreement with Sugar City, "Council Member Mann voted nay ". Council Member Benfield asked about the depth of the pool in the August 15, 2007 meeting and clarified that she asked this question in the September 5, 2007 meeting. On August 15`'', the proposal for the swimming pool was presented as a 3 '/a foot deep pool. On September 5, 2007 Council Member Benfield asked to clarify the August 15`'' minutes to demonstrate the swimming pool proposal was for a 3 '/z foot pool. Following her request to clarify the previous meetings minutes at the September 5`' meeting, Mayor Larsen clarified the issue, stating the pool depth had not yet been determined. This statement was to correct any misunderstandings about the depth of the pool. The depth of the pool has never been determined. Council Member Erickson said the word is out in the community that the depth of the pool has been determined to be 3 '/a feet. Mayor Larsen explained the swimming pool cannot be designed until the city knows how much money is available for the project. It was clarified at the Urban Renewal Meeting that the depth of the pool has not yet been determined. The city council was presented a concept plan of an outdoor pool. Council Member Erickson would like the city council to have some input on the depth of the swimming pool. Mayor Larsen explained the citizens committee came up with the concept plan. They cannot design anything until they know how much money is available. Mayor Larsen said this will come back to city council before it is approved. The Urban Renewal Committee will come before city council on October 3, 2007 and they will be able to answer questions at this time. Council Member Mann moved to approve the consent calendar; Council Member Erickson seconded the motion. All voted aye, none opposed. The motion carried. Public Comment on issues not scheduled on the agenda (limit 3 minutes) Presentations - NONE Committee Liaison Assignments for 2007: 4 I] A. Council Member Chris Mann Parks dam' Recreation• Museum Committee• Romance Theatre Committee Council Member Mann reported Parks and Recreation met last Thursday. Hidden Valley Park is coming along nicely. It will be hydro- seeded next week. Council Member Erickson asked if the sprinkler system was finished in the center part of the park. The citizens have done a lot of work on this park. They have asked for a leveler to smooth parts of the ground. The Parks Master Plan was talked about. Fall recreation is on schedule. The pool was discussed. The parks and recreation committee would like some input on the pool as well. Joanne Reeve sent a petition on how the citizens want the pool. The Teton Flood Museum is being renovated. New carpet has been ordered. Exhibits will be moved around to make the museum more attractive. Upper Valley Idol had tryouts last Saturday and the project is going forward. Westwood Theatre has a play "One Truth, He Lives" September 21 -22 and 28. The projector that was purchased with grant money is here. October 29, the Westwood has the movie "The Ghost of Mrs. Chicken." B. Council Member Donna Benfield Beautification Committee- Police Department Council Member Benfield said the Beautification Committee has not met. The Police Department had some rank advancements. Corey Foster is a Lieutenant, Rick Schmidt is a Sergeant, Chuck Kunsaitis is a Sergeant, Dave Hope is a Detective, and Ron Larson is a Desk Lieutenant. C. Council Member Rex Erickson Airport Board Planning & Zoning Nothing to report D. Council Member Randy Schwendiman Goff Board- Traffic & Safety• Emergency Services Board Council Member Schwendiman said the Golf Board met. There is nothing new to report. Mayor Larsen said he has a petition requesting a four -way stop in front of the Kirkham Auditorium. Public Works Director Millar said traffic studies have been done on this intersection and it does not warrant a four way stop. The students are welcome to go before traffic and safety. E. Council Member Farrell Young Tabernacle Committee- Rexburg Arts Council Council Member Young said the Tabernacle Committee met last night. They talked about the handicap ramp. It should be built on north side of building before the end of September so it is still in this fiscal year where it has been budgeted. It is well designed. The orchestra is practicing again every Wednesday night at the Tabernacle. F. Council Member Bart Stevens Trails of Madison County- IBC Committee• School Board Council Member Stevens said Trails Committee is meeting tomorrow night at 5:15 P.M. 0 0 Mayor Larsen met with Joseph West. A grant was received for the trail behind Cal Ranch store. This project will go out to bid soon. G. Mayor Larsen Mayor's Youth Advisory Board- Legacy Flight Museum Mayor Larsen said the Mayors Youth Advisory Board met. They have many activities planned for the upcoming year. They are excited about the recycling program. Public Hearings - NONE New Business: A. Final Plat — Hidden Valley Trails, Phase 1 Winston Dyer with the Dyer Group, at 310 North 2 nd East, presented the plat on the overhead screen. A preliminary plat has been approved for the entire area; however, the developer will develop in four phases. The city standards for street width are met. Zoning is currently LDR1 which meets with the development. A temporary turnaround will be put in until a connection to 7`'' South can be made. A walking trail will be included on the east end of the development. Access to the trail will be at the north end of the subdivision. Another access may be made as well for this walking trail. A dam will be put in for detaining storm water runoff. There is a piping system for picking up the storm water drainage. There is an odd shaped lot that is a 30 foot wide easement that runs to Starview Road. There is an open area that has been designed in the plat. It will be dedicated to the city because of the trail and the sewer system the city will need access to. Approval of Phase 1 does not approve future phases. Council Member Young asked about the road going out west. He asked where it connected to Millhollow Road. Mr. Dyer said it does not connect to Millhollow Road, it is too steep so it will connect to a future road. Council Member Mann said there are not enough exits going out of the development. Mr. Dyer explained there will be more exits as the other phases are developed. Temporary roads /exits may be needed until that time. The development will eventually connect to 7` South. Council Member Benfield asked if lots 4, 5, 6, 7 and 8 butt up against another lot on the west. Mr. Dyer indicated it does go up against another lot. Mayor Larsen said this was approved through Planning and Zoning with the condition that there must be one more public access. Mr. Dyer said this condition was referring to one more public access to the trail. The developer is fine with this. At least one more access to the trail will be added, possibly two more accesses. Council Member Stevens asked about Hidden Valley Road. It is a wider road than what is required. It is a 78 foot road. This matches what is in the Hidden Valley subdivision. Council Member Stevens asked about the open area dedicated to the city. He asked if a home owners association had been discussed to help maintain this area so the city is not responsible for the maintenance. He said the developer needs to understand this area next to the walking trail will not be a manicured park area. 0 0 Council Member Stevens moved to approve final plat for Hidden Valley Trails, Phase 1 with the stipulation that the developer replace the natural vegetation after construction of the storm drains, retention ponds, and holding ponds. They must also maintain the weeds in this area until such time as the natural vegetation is re- established. Council Member Erickson seconded the motion. Council Member Stevens added to his motion that at least one more access to the trail be added and this is all conditioned upon the condition of the development agreement. Council Member Erickson concurred with these conditions. All voted aye, none opposed. The motion carried. B. Pr rP t cx ss FCa Playa + d fic tion'Plat Wi Dan Dummar, 36 Professional Plaza, an attorney representing Dr. Dug Smith, presented the plat on the overhead screen. There are several alleyways that have been in common ownership for many years. They are proposing private ownership on these alleyways. Mr. Dummar explained this originally did not need to come before city council as they acquired quit claim deeds from all owners for Dr. Smith's alleyway. However, in working with City Attorney Stephen Zollinger it was requested the entire plat be cleaned up. There are no zone changes requested and no changes to the CCR's. This is simply a cleanup on the entire plat. Council Member Schwendiman had a conflict of interest. He stepped down from the dias. Council Member Stevens asked if anything is being changed to the alleyways that would not allow access for emergency services. Mr. Dummar explained no easement requirements are being changed. These alleys need to remain open. The only change is ownership. Council Member Erickson asked about the 21 foot easement. Dr. Smith has built 5 feet into this easement. Mr. Dummar explained this easement still meets city code for emergency services, etc. City Attorney Stephen Zollinger explained this easement is not a safety easement, it is a utility easement. This has no effect except converting joint ownership into private ownership. This will remedy problems that were there. Council Member Erickson moved to approve the preliminary plat for the modification of the professional plaza. Council Member Young seconded the motion. Council Member Schwendiman did not vote. All voted aye, none opposed. The motion carried. Council Member Schwendiman joined the dias. C. Preliminary Plat — Henry's Fork Plaza Amended Plat Council Member Stevens has a conflict of interest. He stepped down from the dias. Kirk Roland with Schiess and Associates at 310 North 2nd East Ste 125, represented Rick Hancock and John Gregory. They are proposing 18, 3800 square foot buildings in the middle of Henry's Fork Plaza. All changes requested by Planning and Zoning have been made. Mayor Larsen asked about lot 7. This is Hard Hat Cafe. Council Member Erickson explained this is an amended plat. It is different from the preliminary plat that was previously approved. Mayor Larsen asked if all parking requirements were met. All parking requirements are met with some extra parking beyond what is required as well. Mayor Larsen asked if this was a retail area. Mr. Roland explained this plaza is a mixture of restaurants, medical, retail, real estate etc. Council Member Erickson explained the plan calls for grass in front of every building. Council Member Erickson moved to approve amended preliminary plat for Henry's Fork Plaza as approved by planning and zoning with any conditions being met and with the condition grass is put in front of every building. Council Member Benfield seconded the motion. All voted aye, none opposed. The motion carried. Council Member Benfield said this is a nice addition to the city. Council Member Stevens joined the dias. D. Approve Beer and Wine Licenses for October 1, 2007 to September 30, 2008 OFF PREMISE CONSUMPTION: ALBERTSONS BROULIMS HB BOYS LC (Chevron One Stop) HORKL.EYS SELF SERV #1 HORKLEYS SELF SERV #2 MAVERICK COUNTRY STORE MAVERICK COUNTRY STORE VALLEY WIDE CO -OP 490 North 2"d East 124 West Main 944 University Blvd 39 South 2nd West 727 North 2 East 12 South 2 West 75 North 2" East 1175 West Main ON PREMISE CONSUMPTION: TETON LANES APPLEBEES JOE'S FILLING STATION, LLC HARD HAT STEAK HOUSE 585 North 2 East 975 University Blvd 747 North 2 East 859 South Yellowstone Unit 701 (Henry's Fork Plaza) Council Member Erickson moved to approve beer and wine licenses for October 1, 2007 to September 30, 2008. Council Member Mann seconded the motion. All voted aye, none opposed. The motion carried. E. Resolution 2007 -10 Idaho Airport Aid Program Project # 3 -16- 0031 -008 (FAA8REX) Mayor Larsen explained this resolution must be approved so the city can submit the grant agreement to get $15,782. This is the state's 5% portion of the federal grant. It is a reimbursement. Council Member Erickson moved to approve resolution 2007 -10 and give Mayor Larsen authorization to accept this grant. Council Member Mann seconded the motion. All voted aye, none opposed. The motion carried. Staff Reports: Public Works report on Projects John Millar Bids for Alley Parking Lot project were received. Three bids came in: Jerome Bowen, HK Contractors and DePatco. The bids all came in high, by over $200,000. This exceeds budget funds available. They looked at the bid items to find out why there was such a difference and made 8 0 0 changes to get the project within the funds allowed. They had stamped concrete walkways which were about $200 per square yard. Several items like this drove the costs very high. Parking lot lights that were specified were double the cost of what the city can get them for. Jerome Bowen Construction had the winning bid. There have been several meetings with Jerome Bowen and the city to eliminate or modify several of the work items. Jerome Bowen has modified their bid from $800,000 to $589,000. The city would still have to buy the lights on top of this cost. The bid must be approved on the bid that was received, which is the $800,000 but once approved it will be immediately change ordered to bring the bid into the engineers estimate. Public Works Director Millar explained they now have a project that was not substantially compromised structurally. A few aesthetic items have been changed. All landscaping will remain the same. He feels they still have a very nice project that is within funds allowed. Council Member Mann asked if the project is still going to look like the design that was shown to the other businesses. Public Works Director Millar said the design has not been changed. Council Member Stevens moved to approve bid from Jerome Bowen with the change orders to bring the cost into the engineer's estimates. Council Member Benfield seconded the motion. All voted aye, none opposed. The motion carried. • Contract for 7 South. Development agreement has been received. DePatco has been awarded the piece of 7` south from Eaglewood to Harvest Heights. • 2 nd West project will be finished this week and it will be striped next week. • Evergreen Park Shelter is prepared. Concrete will be poured Saturday. It is similar to the structures at the Nature Park. • Waste Water treatment plant should be completed in about 30 days. • Council Member Erickson asked about Hidden Valley Park. He would like to see this project finished up. Mayor Larsen explained this year was the first year money has been allocated to this project. • Council Member Benfield asked about water coming across 7` South. Public Works Director Millar said he is working with BYU -I to determine the cause. He will follow up on this. • Council Member Stevens asked to have a meeting to report on the water meeting that he attended. Mayor Larsen asked this to be put on the agenda. Council Member Erickson asked if any guidelines were given to help cities preserve water rights. This can be discussed when it is on the agenda. • Mayor Larsen explained the city has had several calls asking if Rexburg water is contaminated. Public Works Director Millar explained water is tested once a week with at least 30 samples a month. Rexburg water is very clean. D J Barney reported on the recycling. The bins have been out for two days. One dumpster at Broulim's already needs to be dumped. He delivered bins to Albertsons tonight. Locations include Albertsons, Wal -Mart, Broulims, Tabernacle, and City Hall. Calendared Bills and Tabled Items A. BILL Introductions: - NONE B. First Reading: Those items which are being introduced for first reading. - NONE z C. Second Reading: Those items which have been first read. - NONE D. Third Reading: Those items which have been second read. - NONE Tabled Items Those items which have been the subject of an affirmative vote to a motion to table: - NONE Old Business Annexation agreement with Sugar City — Harris property — Staff City Attorney Stephen Zollinger explained Sugar City approved this annexation as was proposed. Rexburg will prepare an annexation hearing. Sugar City was appreciative of the City council to revisit this agreement. Council Member Benfield asked if she would be able to change a vote on a previous motion if it does not change the outcome of that motion. City Attorney Zollinger explained that once the meeting that the vote took place in is closed, all action that occurred during that meeting must remain the same. If the vote to be changed is in the current meeting, a council member must go through the formal process of requesting to reopen the discussion of the matter that took place during the meeting, and then call for a new vote. Council Member Benfield asked if she could do this on the approval of the minutes. She would like to change her vote on the approval of the minutes from an aye to a nay. City Attorney Zollinger explained that minutes must be approved unanimously or they are not approved. Minutes are not by majority vote. All council members must agree that the minutes were true, or they have to discuss what was not accurately reflected in the minutes. If this occurs, transcription of the minutes must be reviewed. Council Member Young said it is important that minutes reflect the feelings of that council member. Council Member Benfield explained the way she interpreted the minutes was not correct in what was discussed. City Attorney Zollinger explained in order to rescind this vote; she would need to formally request this be reopened. City council would need to discuss changes that need to be made and a new vote would be taken. Council Member Benfield feels the depth of the swimming pool was misrepresented. Mayor Larsen explained those minutes that discussed the depth of the pool are already approved. The minutes being approved tonight are from the September 5, 2007 meeting which says: "Council Member Benfield said on page 4 at the bottom she asked "how deed the pool would be. " Mayor Larsen clarified that the depth of the pool has notyet been determined." Council Member Benfield explained that is the part of the minutes she has a problem with because she feels the pool was presented as a 3 V2 foot deep pool. City Attorney Zollinger explained that is not what the September 5, 2007 minutes say. They do not say what was represented. These minutes say Council Member Benfield questioned what was presented and Mayor Larsen clarified the depth of the pool has not been determined. Council Member Benfield asked if she should have challenged the minutes at last council meeting. City Attorney Zollinger said yes; however, nobody is questioning that the pool was presented as a 3 V2 foot deep pool. Council Member Benfield said she questioned this. That is why it was brought up in the last meeting. City Attorney Zollinger explained Mayor Larsen clarified at that time that if a 3 V2 foot deep pool is what was presented, this is not correct. No agreement has been made; there is no depth to the pool yet. All the minutes from September 5, 2007 say is Mayor Larsen clarified the question that 10 was asked. The question was perfectly appropriate in regards to the August 15, 2007 meeting. JRW and Associates represented the pool at 3 ' / 2 feet deep and the Mayor explained that this representation was a mistake, no depth has been chosen. The September 5, 2007 minutes reflect the Mayor clarifying the question based on his understanding of the urban renewal minutes, that if they represented 3 ' /z, feet it was a misrepresentation and no depth has been decided yet. Council Member Young agreed this was accurate from the urban renewal meeting. City Attorney Zollinger said it is understandable to be frustrated because JRW gave the presentation and possibly did not clarify that it was just a possibility to have a 3 1 /2 foot deep pool. Council Member Benfield said it was specifically said the pool was 3 '/2 feet deep and Ken cannot swim his laps in this pool. Mayor Larsen explained a lap pool is not included in Phase One of the project. Council Member Benfield asked Mayor Larsen why he did not clarify this at the August 15, 2007 meeting when the 3 '/2 foot deep pool was presented. Mayor Larsen explained the presentation consisted of a concept of a zero depth entry pool without a lap pool. City Attorney Zollinger said from this point on it will be made clear that no depth has been decided for the pool, and a lap pool has not necessarily been precluded either. This will be determined by the Riverside Committee and Urban Renewal Agency, as they have more information on how much money is available for the project. Adjournment Shawn Larsen Mayor Attest: April Howard Deputy City Clerk 11