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HomeMy WebLinkAbout2011.04.06 CITY COUNCIL MINUTES1 April 06, 2011 Mayor Richard Woodland Council Members: Christopher Mann – Council President Rex Erickson Donna Benfield Bruce Sutherland Brad Egbert Adam Stout City Staff: Stephen Zollinger – City Attorney Richard Horner – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk 7:00 P.M. City Hall – Pledge to the Flag Boy Scout John Turcotte led the Pledge of Allegiance. Lynn Betts gave the opening prayer. Roll Call of Council Members: Attending: Council President Mann, Council Member Erickson, Council Member Benfield, Council Member Sutherland, Council Member Egbert, Council Member Stout and Mayor Woodland. Public Comment: on issues not scheduled on the agenda (limit 3 minutes): - NONE Presentations: A. Proclamation 2011-02 proclaiming April as “Fair Housing Month” in Rexburg. PROCLAMATION No. 2011 - 02 WHEREAS, April 2011 marks the 43nd anniversary of the passage of Title VIII of the Civil Rights Act of 1968, commonly known as the Federal Fair Housing Act; and WHEREAS, the Idaho Human Rights Commission Act has prohibited discrimination in housing since 1969; and WHEREAS, equal opportunity for all-regardless of race, color, religion, sex, disability, familial status or national origin-is a fundamental goal of our nation, state and city; and WHEREAS, equal access to housing is an important component of this goal-as fundamental as the right to equal education and employment; and WHEREAS, housing is a critical component of family and community health and stability and WHEREAS, housing choice impacts our children’s access to education, our ability to seek and retain employment options, the cultural benefits we enjoy, the extent of our exposure to crime and drugs, and the quality of health care we receive in emergencies; and WHEREAS, the laws of this nation and our state seek to ensure such equality of choice for all transactions involving housing; and WHEREAS, ongoing education, outreach and monitoring are key to raising awareness of fair housing principles, practices, rights and responsibilities; and WHEREAS, only through continued cooperation, commitment and support of all Idahoans can barriers to fair housing be removed; NOW, THEREFORE, I, Richard Woodland, Mayor of City of Rexburg/Madison County, do hereby proclaim April 2011 to be FAIR HOUSING MONTH 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x2313 Fax: 208.359.3022 blairk@rexburg.org www.rexburg.org City Council Meeting April 06, 2011 2 In the City of Rexburg/Madison County, State of Idaho. IN WITNESS WHEREOF, I have hereunto set my hand at the City of Rexburg/Madison County in City Hall on this 6th day of April in the year of our Lord 2011. ____________________________________ Richard Woodland, Mayor ______________________ Blair D. Kay, City Clerk Council Member Sutherland moved to ratify Proclamation 2011-02 proclaiming April as “Fair Housing Month” in Rexburg; Council Member Egbert seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. B. Proclamation 2011–03 proclaiming April 07 to April 11 as “Teacher Appreciation Week” PROCLAMATION No. 2011 - 03 WHEREAS the Burton Elementary PTO wants to build a play ground for disabled children; and WHEREAS the only local disabled children’s park in our area is located at Tauphus Park in Idaho Falls; and WHEREAS the Rexburg City Council recommended a letter of support to build a play ground for disabled children for the Burton Elementary PTO; and WHEREAS the Rexburg City Council suggested making a donation of $1,000 along with sending a letter of support; and WHEREAS the City of Rexburg desires to recognize the outstanding work teachers do in our schools, opening children’s minds to new ideas, serving as excellent mentors to our youth and helping to create exemplary citizens; and WHEREAS sometimes a simple thanks is all a teacher needs to feel valued; NOW, THEREFORE, I, RICHARD WOODLAND, MAYOR of the City of Rexburg, Idaho, do hereby proclaim April 7th to April 11th, 2011 as Teacher Appreciation Week; recognizing all of the excellent support given to Teachers by the local Parent Teacher Organizations in the City of Rexburg, Idaho, and encourage all citizens to say “Thank You” to our Teachers. IN WITNESS WHEREOF, I have hereunto set my hand at the City of Rexburg/Madison County in City Hall on this 6th day of April in the year of our Lord 2011. ____________________________________ Richard Woodland Mayor ATTEST: _______________________ Blair D. Kay City Clerk 3 Council Member Benfield moved to ratify Proclamation 2011–03 proclaiming April 07, to April 11, as “Teacher Appreciation Week;” Council President Mann seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. C. Proclamation 2011–04 proclaiming April 06 as “Madison High School Scholastic Team Day” Mayor Woodland introduced the Madison Scholastic Team to the City Council. He said six team members would compete at the nationals in Washington DC. PROCLAMATION No. 2011 - 04 WHEREAS, the City Council of the City of Rexburg is desirous of honoring the "MADISON HIGH SCHOOL SCHOLASTIC TEAM;" and WHEREAS, the MADISON HIGH SCHOOL SCHOLASTIC TEAM won the Regional INL Scholastic Tournament, competing in the Class A level; and WHEREAS, the MADISON HIGH SCHOOL SCHOLASTIC TEAM competed against numerous high school academic teams, we celebrate their success in qualifying for the state competition, where they competed against the top high school scholastic teams in the state; and WHEREAS, the MADISON HIGH SCHOOL SCHOLASTIC TEAM won the state competition, they will have the opportunity to compete against teams from across the United States at the U.S. Department of Energy’s National Science Bowl from April 28 to May 3; and WHEREAS, MADISON HIGH SCHOOL SCHOLASTIC TEAM has brought pride to the City of Rexburg by their actions in the classroom and in the community. These young men and women are examples of students who conduct themselves with class and discipline. This MADISON HIGH SCHOOL SCHOLASTIC TEAM is everything our school and community admire being true representatives; and WHEREAS, the Mayor and City Council wish to express their gratitude to the Coach, Principal, and their families, friends and fans. NOW, THEREFORE, BE IT RESOLVED, that I, Richard Woodland proclaim Wednesday, April 06, 2001 as "MADISON HIGH SCHOOL SCHOLASTIC BOWL TEAM DAY” for their spectacular accomplishments; BE IT FURTHER RESOLVED that this proclamation shall be made a permanent part of the minutes of this City Council, as a lasting tribute to the "Madison HIGH SCHOOL SCHOLASTIC BOWL TEAM." ____________________________________ Richard Woodland, Mayor ATTEST: _______________________ Blair D. Kay, City Clerk Council Member Egbert moved to ratify Proclamation 2011–04 proclaiming April 06 as “Madison High School Scholastic Team Day;” Council Member Stout seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson 4 Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. The Madison High School Scholastic Team Coach, Ron Call, introduced Eric Lenhart as a group leader in the team. The competition involves questions that focus on science and math. Committee Liaison Assignments for 2011: A. Council Member Adam Stout Trails of Madison County · Traffic & Safety Committee · Airport Board Council Member Stout did not have a report. Council Member Stout moved to ratify the appointment of Blake Garner and Patrick Bjornn to the Traffic and Safety Committee; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. B. Council Member Brad Egbert Legacy Flight Museum · Parks & Recreation · IBC Committee Council Member Egbert reported on the flight museum meeting this Friday concerning Parks and Recreation Committee’s work on the Aquatic Center opening, planned for Memorial Day. Mayor Woodland presented the name of Eric Anderson to be a member of the Airport Board. Council Member Benfield moved to ratify the appointment of Eric Anderson to the Airport Board; Council Member Egbert seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. C. Council Member Bruce Sutherland Museum Committee · Beautification Committee · Traffic & Safety Committee Council Member Sutherland reported the Traffic and Safety Committee met last night concerning certain areas of the community. They reviewed needed street repairs. They discussed the current BILL on texting. They want to address the overall cell phone use issue with drivers; do all electronic device activity or nothing. D. Council Member Christopher Mann Emergency Services Board · School Board · MYAB Council President Mann reported on Emergency Services issues. He indicated things are going well with Emergency Services. They received $8,200 in revenue for the B-J Wranglers event at the new Madison High School. The MYAB met last weekend to work on fundraisers at Upper Valley Idol. They are working on the Rexburg Film Festival concessions. Three MYAB students will go to an anti-drug program in Coeur d'Alene, Idaho in June. 5 E. Council Member Donna Benfield Police Department · Romance Theatre Committee · Rexburg Arts Council · Tabernacle Civic Center · School Board Council Member Benfield reported the Romance Theatre Marquee is going to be a wonderful addition to Main Street. There will be new officers for the Romance Theatre Committee. The Historical Society made a visit to Rexburg and they were very complimentary on the progress with the theatre and the new marquee. Arts Council President Kriss Jacobson has submitted a letter of resignation. Council Member Benfield read part of her letter. The Police Department has been finding violations with Spice and Marijuana use during traffic stops. There have been arrests in a shoplifting ring at Wal-Mart in Rexburg. They received a grant for a Segway to use around campus. The Police Department hired a Parking Attendant that will begin working on April 25th; also, the current parking attendant Judy Rydalch is retiring April 15th. They will be cross-training a new employee to fill her position as well. Mayor Woodland reviewed the new Romance Theatre Marquee which was paid with Grant funding and matching funds. The Tabernacle Committee has asked the City Council to ratify the appointment of Jack & Kari Bowman to serve as Co-Chairs for the 2011/2012 Centennial Celebration for Rexburg Tabernacle Civic Center. Council Member Benfield moved to ratify Jack & Kari Bowman to serve as Co-Chairs for the 2011/2012 Centennial Celebration for Rexburg Tabernacle Civic Center; Council Member Erickson seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. F. Council Member Rex Erickson Golf Board · Planning & Zoning · Rexburg Redevelopment Agency Council Member Erickson reported on the Golf Board meeting concerning finances. They are working to save money on their processes. Revenue is up from last year’s revenue at this time. Planning and Zoning met and those items will be covered tonight. Rexburg Development Agency did not meet. Public Hearings: A. 7:30 P.M. – Resolution 2011-05 fee changes including the new Riverside Park Aquatic Center fees – Staff Staff review: Richard Horner introduced the fees on the overhead screen. Council Member Erickson explained the percent of increase for most items is not over 5%. A public hearing only needs to be held for items that increase over 5%. Mayor Woodland said some of the fees changed because of the Madison School District fee changes. Recreation Director Bob Yeatman explained the fee increases are based on High School and Junior High School fee increases. The schools are charging the Recreation Department $25 per hour for indoor facility uses; those costs have to be incorporated into the recreation fees. The new pool fees are included. Council Member Sutherland asked about “height” fees for the pool. They are to help with those who can use the slides. It easier to use a height measurement when pool patrons want to pay to use the slide, that way we know automatically if they are tall enough to use it when they pay. Recreation Director Yeatman continued stating the main reasons for fee increases are to offset the increased facility rental costs and to also help pay for the new software. The surcharge for 6 online registration was eliminated. Employees and scholarship recipients will have to register at City Hall. Online credit cards payments will be the same price as paying at the front desk. Council Member Sutherland said the fees were designed to be revenue neutral. The fees are not designed to make a profit. Mayor Woodland opened the public hearing: Those in favor of the proposed fees: - NONE Those neutral to the proposed fees: Ken Hart at 367 Salem Avenue asked for clarification on some fees. Non-resident fees are for people who live outside Madison County. Non-exclusive means use is open to everyone; exclusive means the facility is open to private groups. Are the fees the same for everyone? Finance Officer Horner said it is the same for everyone. Council Member Stout explained city employees do have a recreation credit. Those opposed to the proposed fees: Jill Anderson at 419 Morgan Drive asked for more discussion. She thought of her history working at recreation facilities as a teenager. She is not sure why we have so many items on the pool fee list; it is really confusing. She compared rates with other facilities indicating we have 22 rates; most have seven. She is also concerned with how they can enforce different pricing for inside Madison County or outside Madison County. Council Member Egbert responded indicating the Pool Committee said it would have to be on the honor system; checking IDs would be too cumbersome. She asked who is paying for the pool. She asked if her taxes would be affected. Taxes are not affected; it was paid by Urban Renewal Agency money. She does not agree with so many fees. People who come from other areas help our city economy by buying gas and eating at our restaurants. Why do we need to charge them more? It needs some tweaking. Revenue will be weather related. The maximum capacity includes anyone in the facility; paying a non-swimmer fee is valid because they are a person filling an occupancy slot. The exclusive group rate will exclude a lot of people. A similar facility her family is using for a reunion in another state is not even half the cost. She questioned the need to distinguish between residents and non-residents. Ann Bird at 160 West 5th South worked at an indoor pool. She was concerned with the non- swimmer fee. She has a six year old son who used the spray park every single day last summer. She does not want to go in and pay to supervise her child. She was concerned with liability. As a parent she wanted responsible adults supervising their own children. Also, she asked for a flat rate for everyone and lower fees. We have the healthiest county in Idaho, but it also has one of the lowest income-levels in Idaho. She asked for doing a bigger punch pass (100) to come out at half price. It would be a gamble for her based on the weather. Council Member Stout asked if she would recommend an expiration date. She likes how the carousel pass rolls over for the next season. Swimming lessons cost $10.00 per hour. She questioned the swimming rate for group swimming lessons. She would be giving the money up front and her use of the pool based on weather. She would like a larger punch pass with a greater discount. She wanted to allow people out of town to pay the same rate. A child is a child and an adult is an adult. The slide has a height requirement; adults can assist younger children on the slide. She was concerned with charging for people who did not use the pool. The golf course was discussed; she does not want to pay to be a spectator. It is a win/win situation to have extra adult supervision. She reviewed her cost for her son to swim plus her fee to see him swim. Recreation Director Yeatman explained children under the age of 10 have to be accompanied by a 16-year-old. The spectator fee was based on the capacity of the facility. Mrs. Bird responded that if capacity becomes a problem then maybe a non-swimmer fee would be warranted in the future, but with capacity at 925 it is more likely they will turn more people off by charging parents to watch. 7 Mayor Woodland said other facilities do charge a non-community fee. Cheryl Gram at 19 Linden Avenue wants her children to know the fees before they decide to go when they are visiting from out-of-town. She agrees with what has been said; throw out the non- resident fees. Finance Officer Horner said 95% of the fees will fall under five rates. It is fairly simple; most of the additional fees are for groups. Lynn Betts at 66 N 1st East wanted a single rate for everyone; not in and outside the county rates. He felt charging for height was a lot more complicated than asking for an age. His ward will not rent the pool for $875.00; it is too expensive. They may join with another group. He thanked the City Council for all they do. Mayor Woodland closed the public hearing: City Council deliberated the pros and cons of the proposal: Council President Mann said the $875.00 exclusive rate is meant for big businesses, not for smaller groups of 110. Council Member Stout said there is a price for smaller groups. There is room for both groups. Council President Mann discussed the fee for people who don’t swim but go in to watch the swimmers. The committee did some great work on the fees. There may need to be some tweaking to the fees. Council Member Sutherland addressed exclusive use; most people will be amazed at the size of the facility; the facility is larger than Ross Park in Pocatello; three wards could use the facility at the same time. Stout said exclusive rental fees were on Thursdays. Council Member Sutherland said this is to cover the costs so the tax payer would not be impacted. They have looked at other rates. The rates may need to be adjusted in other years. Discussion on using corporations to help fund the use of the pool. Discussion on arranging the fee schedule in a clearer format. Council Member Benfield added the committee tried to make it as affordable yet making the facility pay for itself. She wanted to error on the safe side this year until there is some history on the use of the pool. It is really hard the first year. Council Member Erickson said he had two or things to suggest: 1) The grandmas, mothers, etc. fee to see the kids swim; “let everyone come.” Don’t charge to see the kids swim. 2) He liked the idea of a flat fee across the board for everyone; use age, not height. 3) He was against the non-resident fee. It is a differential of $0.50. 4) The exclusive fee of $875 will not get used to much. 5) The slide fee is ok; however, let the mother help the child up the slide and then see the child slide at no cost. 6) The lazy river is included in the regular fee which is ok. No charge for tubs. 7) Is there liability to have non-swimmers inside the facility? City Attorney Zollinger said the fees are based on the capacity allowed inside of the facility. The fees are based on maximum capacity. 8) Sponsorships should be sold to increase revenue. There is a lot of opportunity for sponsorships. Jill Anderson asked why a separate fee for the sides. Council Member Stout responded it only charges those who use the slide so the cost is not spread to everyone for the cost of the slides. Council Member Erickson said it is normal to charge for the slide separately; Heise charges for the slide. Council Member Egbert commented on the resident/non-resident fee; he suggested using the same General Attendance fee to be user friendly. Taxes are not being raised to build the facility; therefore, why charge residents in other counties more than Madison County residents. Revenue will not drop with the same fee. He likes to have everyone come at the same rate. Council Member Stout said there is not a lot of wiggle room to cover the costs due to weather, etc. If we do get rid of the non-resident fee, then the flat fee should be increased. The grandma (non-swimmer) fee should be maintained. If cost is an issue, he was not sure the Aquatic Park would be used where there is a free Spray Park facility in Porter Park. He wanted to keep the non-swimmer fee, at least for the first year. His family will use the free facility more due to the cost factor. 8 Council President Mann agreed with Council Member Stout; it is not about getting enough revenue to pay the expenses. The people who go into the facility will be using the benches and the restrooms, etc. The fees are being kept as low as possible so more people can use the facility. It is a reasonable expectation. It would be a can of worms to police who uses the facility once they are inside the facility; and to regulate who pays and who does not pay, etc. Council Member Benfield explained they did consider a larger punch pass. You are paying up front so the number was kept down so people could use the entire pass. Discussion on using a bigger punch pass with incentives. Council Member Erickson wanted to fill the pool with the children and have the parents there to watch the children. He does not want to dump the kids off without supervision. If it is a capacity problem; look at it next year. Council Member Egbert asked about those people who want to come and sun bath. Council Member Erickson said when his great grand kids come to town, their grandmother is going to want to watch them swim; she will not pay the fee to watch and take the kids somewhere else for an activity. Let’s not think we will go over capacity until we do. Mayor Woodland asked if the City Council would consider accepting the proposed fees this year and evaluate them in a year for any adjustments. Council President Mann asked to vote on the separate issues; one at a time. Discussion on the process. City Attorney Zollinger said to increase any proposed fees would require a separate public hearing. You can eliminate some fees without another public hearing. Mayor Woodland asked for a motion to eliminate the non-swimmer fees and the non-resident fees. Council President Mann moved to accept the non-swimmer fee as proposed; Council Member Benfield seconded; Discussion: City Attorney Zollinger asked if there would be a second motion to do away with the non-resident fees? Council President Mann’s motion is a motion to do nothing. Motion withdrawn. Council Member Egbert moved to do away with non-resident fees and categorize it as “general admission” as proposed. Resident/non-resident rates would be set at the resident rate; Council Member Stout seconded the motion: Discussion: Council Member Erickson said if you do that you are taking revenue away. Council Member Sutherland said it is a wash. Council Member Stout wanted to raise the flat rate in a separate motion; Council Member Sutherland said let’s start with general admission this year. Recreation Director Bob Yeatman wants the fees set so he can get the publications ready to advertise the pool. Mayor Woodland asked to accept the fees as written and review in the middle of the summer. City Attorney Zollinger said the motion as stated will not get the fees changed as desired. Council Member Stout said the non-resident fee change would lose revenue; Council Member Sutherland said we have no idea who will come from outside the area. Council Member Egbert said we don’t know how many people will be discouraged by a non-resident fees; it should not be that big of number. Council Member Stout said the City Council is going through the process backwards; the revenue projections were based on the expenses. The prices are set to meet the expenses. Council Member Sutherland said it is an either/or. Council Member Egbert withdrew his motion; Council Member Stout withdrew his second. Council Member Stout moved to not approve the fees and make arrangements for higher fees; Motion died for lack of a second. Discussion: The revenue projections were based on ticket fees coming from all residents. Finance Officer Horner said the whole theory is to charge enough to cover the costs and not to discourage people from coming. It is not as simple process. Council Member Egbert said the projections to cover costs were based on the resident fees. We don’t need the non-resident fee to meet the expenses. Finance Officer Horner said the City Council needs to make the decision. 9 Council Member Stout was concerned with covering the replacement costs in the long term to include replacement costs for the slides, etc. He asked if was possible to look at an increase later so advertising can go forward. Council Member Egbert is ok to have a flat rate and removing the non-resident fee. Council President Mann moved to accept the fees as proposed tonight by Resolution 2011-05; Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann Council Member Erickson Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout The motion failed. Council Member Egbert moved pass and approve Resolution 2011-05 for the fee changes including the new Riverside Park Aquatic pool fees “as written” excluding the “non-resident” fees and call the fees “General Admission” fees; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Erickson Council President Mann Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. Council Member Stout asked to meet at the end of the summer to see how the fees worked. They will meet on the 2nd Council Meeting in July; (July 20th) for a review of the fees. It would be a 6:00 p.m. meeting at Riverside Aquatic Park. Break Items for Consideration: A. TRIPTA BOARD “Elected Official” Appointment – Lindsey Moore Council Member Erickson said Mayor Larsen served on the Board. Council Member Erickson moved to appoint Mayor Woodland to serve on the TRIPTA Board; Council President Mann seconded; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. B. Conditional Use Permit at 52 West 2nd South; 60 West 2nd South; 165 South 1st West; 153 South 1st West; 33 West 1st South; 29 West 1st South: to allow lowered number of parking spaces; increased density; allowing zero percent commercial and one hundred percent residential by use of the Pedestrian Emphasis Zone, per Ordinance 1021 – Steve & Chris Nethercott Mayor Woodland introduced the request to obtain a zone change and CUP for the properties on 1st West and 1st South. The discussion started with the zone change request. 10 Council Member Sutherland moved to approve the Conditional Use Permit including design review conditions; Planning and Zoning conditions; and site plan review conditions; Council Member Egbert seconded the motion; Discussion: Council Member Stout asked about Project B. Why wasn’t it facing the street? Mr. Nethercott said it worked out better this way to maximize the capacity of the parking lot. It will be a nice looking side; on a five story building there is not a particular side that would be more appealing. Council Member Erickson said it was decided the Design Review Committee would review it. Council Member Stout asked for dumpster locations. There is one dumpster for each building which will be addressed by the Site Plan Review. There is a snow removal design included. Council Member Stout asked to add a condition to discuss student traffic with Sunrise Village; Council Member Sutherland did not think that condition was possible between two private parties. Council Member Erickson said they agreed to have eight foot sidewalks plus the other conditions in the Planning and Zoning recommendation. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. City Attorney Zollinger explained the ordinance needs to be changed to prohibit creating island properties next to larger developments. An amendment to the Development Code will be requested to preclude islands if possible. Council President Mann was concerned about the proposed amendment to the process. City Attorney Zollinger said the amendment would only be showing the developer did a reasonable effort or attempt to include island properties in the development. The City Council discussed examples of island lots being successful in other cities. It will be a simultaneous project. C. BILL 1066 Zone Change at 52 West 2nd South (HDR1); 60 West 2nd South (HDR1); 165 South 1st West (MDR1); 153 South 1st West (MDR1); 33 West 1st South (HDR1 & MDR1); 29 West 1st South (MDR1): Change to Mixed Use Two (2) – Steve & Chris Nethercott Mayor Woodland asked Steve Nethercott review the proposal. Steve Nethercott at 245 Summit Drive Smithfield, Utah indicated they are excited to move forward with project. He reviewed the proposal on the overhead screen. It is located to the north of the BYU-I Stadium. The project is based on increased student projections at the University. They are asking for a zone change and a CUP for reduced parking. Project A: Reviewed on the overhead screen. Project B: Reviewed on the overhead screen. 11 Mr. Nethercott indicated the project would start with the removal of six older homes creating a new aesthetic appeal. It would create a lot of value for Rexburg. They plan to leave the existing trees. Eight foot sidewalks were agreed with Planning and Zoning; their goal is to create a student living environment. Parking at a reduced ratio is proposed. The new Henderson Project has similar parking ratios. They are planning a shuttle service around the University and Wal-Mart. It would encourage students to come to Rexburg without cars or store their cars in a storage lot. They are located on the north side of Campus. Mr. Nethercott reviewed businesses located within one or two blocks of their development including phone centers. Mr. Nethercott reviewed some winter pictures showing the sidewalks being maintained for student pedestrian traffic. The University is encouraging a walking campus. Most things students would need are within one to two blocks of the development. He went over a Presentation Summary: 12 Council Member Erickson asked about the proposed zone. It would be going to a Mixed Use Two (MU2) zone. It is currently MDR and HDR zoning. It is all residential zoning with a CUP for this project; the commercial portion of the MU2 would not be used. Council Member Mann asked about parking on Project A and the exit on 1st West. It is the only exit for the development and it is close to a busy intersection where cars are backed up to the exit point. The driving lanes are 26 feet wide. The parking lot exit may have to be right turn only. Council Member Benfield asked how the 25% parking would be regulated. 10% is for visitor parking and 25% is for residents. Council Member Stout asked about parking for Project A and Project B; they have minimum parking allowed in MU2. Council Member Benfield asked if five story buildings were the limit. Community Development Director Christensen said it is 55 feet to the gable which could allow a six story building if you did a gable type floor. Mayor Woodland asked if it was one owner; it is two separate owners on Project A. Mr. Nethercott checked with the corner lot owners and they are not willing to sell. The second lot owner would sell at a price. Someone could develop the two lots in the future similar to the proposed buildings in this proposal. It could go commercial or student housing. Council Member Erickson reviewed the Planning and Zoning motion; He referred to Chairman Dyer’s statement where he said “the strong point for this rezone proposal is that it is consistent with the recent update of the Comprehensive Plan Map and the desired land use in the area.” He recommended taking the recommendation. Council Member Erickson was in favor of the development. Council Member Stout was worried the property on the corner would be undevelopable. Council Member Mann said the corner lot is developed now. Council Member Benfield said it is a great plan for that area. It is spot on with the Comprehensive Plan. 13 Council Member Stout asked about traffic flow on the 1st West intersection. Public Works Director Millar said it was not a significant number of cars. Council Member Erickson said it would not make any difference to the intersection. A right turn only could be used if it was a problem. Council Member Mann said there are two different properties. One faces sideways. Community Development Director Christensen said the Comprehensive Plan allows the development. Council Member Stout asked if they have talked with Sunrise Village about using a short cut to Campus. They have a cinder block fence which would not allow student traffic. Council Member Erickson moved to approve the zone change from the following: at 52 West 2nd South (HDR1); 60 West 2nd South (HDR1); 165 South 1st West (MDR1); 153 South 1st West (MDR1); 33 West 1st South (HDR1 & MDR1); 29 West 1st South (MDR1) to Mixed Use Two (2); Council Member Benfield seconded the motion; Discussion: Mayor Woodland asked if someone could develop the two lots at some point after construction if the owners ever wanted to sell. Mr. Nethercott said a similar style building could be added on the two lots if the property ever sold. Council President Mann asked if there were any neighbor’s concerned with the development. Community Development Director Christensen said the neighbors were worried about shadows from tall buildings, affecting the value of their property, etc. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Benfield NONE Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout Council President Mann The motion carried. City Clerk Kay indicated the zone change proposal had gone through the public hearing process and has been approved by City Council. It is customary to suspend the rules and pass the ordinance to let the ordinance go forward. It has already had a public hearing. Council Member Erickson moved to suspend the rules for approval of the zone change at 52 West 2nd South (HDR1); 60 West 2nd South (HDR1); 165 South 1st West (MDR1); 153 South 1st West (MDR1); 33 West 1st South (HDR1 & MDR1); 29 West 1st South (MDR1): Change to Mixed Use Two (2); Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Benfield Council Member Stout Council Member Erickson Council President Mann Council Member Sutherland Council Member Egbert The motion carried. Council Member Erickson moved third read and approve BILL 1066 for the zone change at 52 West 2nd South (HDR1); 60 West 2nd South (HDR1); 165 South 1st West (MDR1); 153 South 1st West (MDR1); 33 West 1st South (HDR1 & MDR1); 29 West 1st South (MDR1): Change to Mixed Use Two (2); Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. D. Final Plat at 124 West Main including Broulim’s property intended to maintain current use with reconfiguration of current parcel lines to combine parcels into three lots for tax purposes; 14 Broulim’s Supermarket, Inc. intend to remove the current retail buildings to the west of the supermarket, so they may construct an addition to their current building – Mark Oswald Jeff Freiberg at 356 West Sunnyside is the engineer for Broulim’s expansion. They are adding to the back and the west side of the store. It will have a new freight entrance at the rear of the store. A home in back of the store was torn down to allow for the expansion. Council Member Erickson asked about the changes to the east side of the building. Mr. Freiberg said they are adding on a small addition to the east side of the building; He indicated it will go through the site plan review. Discussion on the new development. Mr. Freiberg said the expansion will take out about half of the strip mall to the west. There will be a nice new façade. Council Member Stout moved to approve the Final Plat at 124 West Main including Broulim’s property intended to maintain current use with reconfiguration of current parcel lines to combine parcels into three lots for tax purposes; Broulim’s Supermarket, Inc. intend to remove the current retail buildings to the west of the supermarket, so they may construct an addition to their current building; Council Member Egbert seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann Council Member Sutherland Council Member Benfield Council Member Erickson Council Member Egbert Council Member Stout The motion carried. Staff Reports: A. Public Works: – John Millar 1. Discussion on street projects including Pioneer Road. Landscaping, from storage units to about where Casper Ave. connects. Pioneer Road needs to be completed to city standards. Henderson Construction will do the sidewalks along the Henderson Development. Decorative Rock fill could be an option for landscaping along Pioneer Road. Public Works Director Millar gave some examples around the city for zero scaping including colored stone for landscaping. It would be less work than mowing. Some trees could be used without a watering system. Council Member Erickson said the idea is to make it look good at minimum cost. Public Works Director Millar said the canal would have to be bridged for pedestrians. He showed several existing pedestrian bridges as examples. The type of bridge was discussed and having it constructed locally. The total bridge cost would be about $13,000. Discussion on the cost of decorative rock. The total cost would be about $58,000 for the street finish with decorative rock. Mr. Millar asked if the City Council was ok with the proposed concept for finishing Pioneer Road. Council Member Egbert said if the city crews do part of the preparation work it would save a lot. Council Member Sutherland moved to approve the proposed design of Pioneer Road using the zero scaping including colored stone for landscaping and a locally constructed pedestrian bridge; Council Member Erickson seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. 2. Public Works Director Millar asked if the sewer line project on 2nd South bids could move forward after the Tuesday opening. Council Member Egbert moved to authorize bid approvals for the low bids if the bids are in line with estimates; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: 15 Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. 3. Public Works Director Millar asked if an old 1985 Dodge truck could be surpluses. There is a rod out of the engine. 4. Update on Flower Baskets: They have been bid and should be ready to put out based on the Weather. Council Member Sutherland moved to approve to surplus an old 1985 Dodge truck; Council Member Stout seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. 5. Pool update: Weather is slowing the project. The building is ahead of schedule. Concrete work and pool panels are lagging on the schedule. Discussion on using heaters to help move the project along. Mayor Woodland and Public Works Director Millar are going to Boise tomorrow to support a Block Grant application of $400,000 for the Parking lot on North 1st East. The County owns the property and they will provide matching funds; the city is doing the engineering work. A. Finance Department: - Richard Horner 1. Recreation activity fee allowance to purchase a 10 punch pass to Aquatic Facility Finance Officer Horner reviewed the wellness policy and the recreation activity fee allowance. The Recreation Program Benefit ($90.00 for each family member) was spread to the following activities: Recreation Programs were $2,700; Carousel Benefit was $1,300; Golf Benefit was $4,900; Gym was $6,300; other wellness programs $5,400; for a total of $20,800. The park shelter rental is another choice for employees to allocate towards their $90.00 Recreation Program Benefit. Council President Mann wanted to make sure the program did not grow out of control. He wanted to look at cutting back in the next budget process. Finance Officer Horner said the City Council could allow $200 per family instead of $90 for each family member. The swimming punch passes could be about $2,500. Council Member Stout said it should not add much to the total. Council Member Erickson said it is still limited to $90.00 per family member. Council Member Stout said the pool shelters would be excluded. CITY EMPLOYEE RECREATION AND WELLNESS BENEFITS POLICY Eligible Employees & Family Members These benefits are only available to employees who are 1) regular full-time or 2) other employees who have worked for the city for at least 5 years, and their spouses and their immediate unmarried children 16 who are living with them. This means that the benefits are available for and must be used by only eligible employees and family members. These benefits will be charged to each employee’s departmental budget under the account number ending in "29”. City Recreation Program/Event Benefit Policy Each family member of each regular full-time employee, as defined above is given up to $90 in activity fees per calendar year. This usually means that each member of an employee’s family can participate in three (3) programs a year (based on calendar year of the program sign-ups in summer, fall, or winter) with an average of a $30 fee per activity. For example, an employee might have a child that wants to be in gymnastics that has a recreation fee of $74. They would be given a $30 discount and have to pay only $44 for the activity. Or, they could use $74 of the $90 per calendar year benefit, and the remainder could be used on another program in the same season or another season during that calendar year. Recreation Department employees will notify the Finance Department of those using this benefit. City Carousel Benefit Policy The City provides a free family carousel season pass to all full-time employees, which is also available to other employees who have worked for the city for at least 5 years upon request. Golf Benefit Policy The City will pay for half of the golf coupons or passes purchased by an employee or their immediate family members as defined above. This means golf coupons may only be used by eligible employees or family members. When the employee makes the purchase at the golf course, he or she only pays half of the cost and the City will reimburse the Golf Courses for the other half. Golf Course employees will notify the Finance Department as purchases are made. Gym and Fitness Center Benefit Policy The City will pay $10 per month each for and employee and/or spouse who sign up for membership in a gym or fitness facility. This benefit will be administered through payroll after an employee signs up at the local fitness center or through annual reimbursement to the employee. Bicycle or Walking Commuter Benefit Policy The City will award to each employee a $20 gift certificate for a local bicycle shop for bicycle related expenses, such as a new bike, repairs, or bike accessories, for each month that the employee rides their bike to work and back. Or, the City will reimburse each employee up to $20 in walking related expenses, such as shoes, for each month the employee walks to and from work. These benefits are only available for the months from April through October. The employee must choose and certify to the Payroll Clerk that they have either ridden their bicycle (for the gift certificate) or walked (for the reimbursement) on at least 60% of the work days for that month to receive this benefit. Aquatic Facility Each regular full-time employee, as defined above, will be able to use any of their eligible family member’s $90 recreation activity fee allowance to purchase a 10 punch pass. The limit will be one ten punch pass per family per year and the pass must be purchased through the Recreation Department. Recreation Department employees will notify the Finance Department of those using this benefit. ========================================================= Action Requested: Motion to Approve amending the CITY EMPLOYEE RECREATION AND WELLNESS BENEFITS POLICY to include the following: “regular full-time employee, as defined, will be able to use any of their eligible family member’s $90 recreation activity fee allowance to purchase a 10 punch pass. The limit will be one ten punch pass per family per year and the pass must be purchased through the Recreation Department. (Another benefit for using Park Shelters one time per year could be added to the policy too.) Add: (A park shelter excluding the Riverside Aquatic Park shelters can be used once per year using the eligible family member’s $90 Recreation Activity Fee Allowance.) Council Member Egbert moved to approve the CITY EMPLOYEE RECREATION AND WELLNESS BENEFITS POLICY as amended; Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield 17 Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. City Council President Mann asked the City Council Ride around two weeks from today April 20th at 8:00 a.m. to 2:00 p.m. The City Clerk will get van rented. Finance Officer Horner asked to set a public hearing date for July 20th to set a preliminary budget for 2012. He reviewed the calendar. CITY OF REXBURG 4/7/2011 2011 BUDGET PREPARATION CALENDAR FOR 2012 FISCAL YEAR BUDGET April 1 Fri. 5:00 PM Capital Requests Due In April 6 Wed. 7:00 PM Regular Council Meeting Review Budget Calendar Set Public Hearing date (by motion) for Budget (July 20, 2011) Review City Council Drive-around date Review Employee Cost of Living Adjustment (per Jan. CPI in Mar. rpt.) Set Mayor & Council Salaries on odd years April 15 Fri. Budget screen & printouts available for year-to-date expenditures vs. budget as of March 31 (1st 6 months) and forecast of year end totals April 20 Wed. 9:00 AM City Council Budget Review and Drive- around May 9-13 by appt. Departmental Meetings by appointment including Councilman, Mayor, Financial Officer, Department Head & Foreman May 18 Wed. 9:00 AM Dept. Head review of budgets supported by the General Fund to review and recommend capital requests to council and balance the General Fund budget June 8 Wed. 5:00 PM Council Budget Work Meetings (agenda: budget only) Special Budget Review Meeting for Council July 1st Week Meet with Sugar & Teton on sewer rates July 6 Wed. 7:00 PM Regular Council Meeting Set Tentative Budget Add Utility Rate Increases to Public Hearing Ads 18 July 20 Wed. 7:00 PM Regular Council Meeting 8:00 PM Public Hearing on Budget & Utility Rate Increases 1st Reading of Appropriation Ordinance Approve Utility Rate Increases, if any August 3 Wed. 7:00 PM Regular Council Meeting August 17 Wed. 7:00 PM Regular Council Meeting 2nd Reading of Appropriation Ordinance Sept 7 Wed. 7:00 PM Regular Council Meeting 3rd Reading & Adoption of Appropriation Ordinance MEMO TO ALL DEPARTMENT HEADS: Please review this calendar closely and write in the dates that apply to you and your supervisors. Council Member Egbert moved to approve the budget dates as presented; setting the public hearing date for July 20th; Council Member Stout seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. Finance Officer Horner explained the Consumer Price Index (CPI) was 1.6% for 2010. Unused Sick Leave Bank: Finance Officer Horner asked to move the sick leave bank account to a different company. The current administrator won’t administer it as set forth in the employee policy. The unused sick leave goes into an account for each employee accumulated at 5% a year for a possible 100% sick leave payout with 20 years of service and a regular retirement from the state to qualify to receive the accumulated sick leave money. Council Member Egbert moved to switch companies from Nationwide to (Voluntary Employees Beneficiary Association Plan – VEBA); VEBA Service Group, LLC; Council Member Stout seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. 19 Calendared Bills and Tabled Items: A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE PUBLIC HEARING PROCEDURE: (See Items for Consideration – C) B. BILL Introduction: – NONE C. First Reading: Those items which are being introduced for first reading: – NONE D. Second Reading: Those items which have been first read. 1. BILL 1062 Hand-Held Wireless Telephones and Electronic Wireless Devices Prohibited Use in Rexburg: “Drivers: While operating a motor vehicle within the City of Rexburg, no person shall use a hand-held wireless telephone, cellular telephone, or any other wireless device for texting. Pedestrians: No pedestrian shall use a hand-held wireless telephone, cellular telephone, or any other wireless device for texting while crossing a public right-of-way in the City of Rexburg.” Council Member Sutherland moved to 2nd read BILL 1062 as amended; Council Member Egbert seconded; Discussion: Council Member Erickson said the rewrite is good; it takes care of drivers and pedestrians. Council Member Benfield agrees with the texting and driving portion; however, she has a problem with the pedestrian part of it. It will burden the police; she asked to eliminate that portion. It is a huge problem, but this may not be the way to fix it. Council Member Erickson does not agree; the students don’t look right or left when entering traffic. If it saves one person it is worth it. Council Member Stout has reservations too, but it is as good as it can get. Council Member Sutherland agrees with Council Member Benfield. It will tax the police department; they have more important things to do. Council Member Erickson said they would not sit and wait for pedestrians to violate the ordinance, but if they see a violator they could take action. City Attorney Zollinger said the new non-sworn officers would be responsible for parking and safety. They would approach pedestrians on an informational basis. This would be a polite way of warning the pedestrians. Council Member Stout asked to clarify; is there anything on the books about texting while walking in a crosswalk. No. Council Member Benfield said she was opposed to creating a law that they could not enforce. City Attorney Zollinger said it was a threshold to have available for police to use when needed. It is not an uncommon practice to put rules on the books to assist in management of traffic and pedestrians. It is a secondary law, like seat belts and child protection seats. Police do not go out policing seat belts, but if seen they can act. He discussed the use of primary and secondary statutes using a threshold for engaging the citizens. Council Member Stout asked if the ordinance was written to allow police discretion. The police give a lot of warning tickets by offering solid police discretion. Council Member Sutherland said we can’t legislate safety for everything; indicating a degree of responsibility on behalf of the citizens. Council Member Erickson said that is allowed with this BILL. It gives people a choice. Council Member Egbert said it is a matter of personal safety, but it is a matter of public safety as well. We can’t make a law for everything; however, it is written based on BYU-I student survey data. Public safety requires minimum steps to save lives even if one life is saved. It is for public awareness. Council Member Benfield is concerned about public safety; but feels banning texting in a crosswalk goes too far. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. 20 2. BILL 1065 creating Local Improvement District (LID41) for the purpose of constructing and installing certain public improvements; describing the boundaries of the proposed improvement district and the property proposed to be assessed for the costs of the improvements. Discussion: Council President Mann moved to second read BILL 1065; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. E. 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 Mayor’s Report: 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. Minutes, Bills, etc: A. March 16, 2011 meeting B. Approve the City of Rexburg Bills C. Yard Spring clean-up dates from April 18th to May 23rd – Staff Council Member Erickson discussed an expense for Aquatic Park training for three employees to learn how to operate an aquatic facility. Council Member Egbert moved to approve the Consent Calendar consisting of the minutes, and the city bills and spring clean-up dates; Council Member Stout seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Erickson Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. Mayor Woodland asked to go into executive session to discuss a property acquisition. Council Member Egbert moved to go into Executive Session per Statute 67-2345(c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; Council Member Stout seconded the motion; Mayor Woodland asked for a roll call vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield 21 Council Member Sutherland Council Member Stout Council Member Egbert Council Member Erickson The motion carried. Executive Session. Executive Session ended. Adjournment __________________________________ Richard Woodland, Mayor Attest: ________________________________ Blair D. Kay, City Clerk