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HomeMy WebLinkAbout2012.05.02 CITY COUNCIL MINUTES1 May 02, 2012 Mayor Richard Woodland Council Members: Christopher Mann Jordan Busby Donna Benfield Jerry Merrill Bruce Sutherland Sally Smith 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 10:00 A.M. to 4:00 P.M. “DRIVE AROUND WORK MEETING” to review possible projects for the 2013 budget. 10:00 AM – Meet at City Hall Police Station Shane Turman Romance Theater RonaLee Flansburg Fire Department Corey Childs Tabernacle (windows) Roger Harris Museum Jill Spencer Rexburg Rapids Bob Yeatman LUNCH & FORUM Wastewater Shop Donna Archibald Eagle Park Greg McInnes Animal Shelter Steve Buzzell Well (near water tower) Keith Davidson The drive around work meeting was very educational for the new City Council Members, Jordan Busby, Sally Smith and Jerry Merrill. They were able to tour each location listed above and speak with the department heads regarding the operation and function of each department. They visited the newly remodeled Police Department. Council Member Busby said it’s important to recognize the many hours of labor donated by the Police Department’s personnel. They hung, taped and painted sheet rock; they helped with installing the new carpet and other projects. This helped keep costs down. City Council and Mayor Woodland visited with Recreation Director Bob Yeatman at Riverside Park. Mr. Yeatman recently visited similar parks in Utah to get ideas on how to install the baseball quads. Mayor Woodland said there is need for the baseball quads. He said the use of the quads for baseball games would bring many people from other states and consequently bring in business to Rexburg. They drove to the well being drilled by the water tower. The crew has drilled down to about 340 feet. Council Member Busby had concerns with permanent parking along 7th South and 1st W. He said the street is full of parked cars in the morning. He asked if making that street permitted parking would alleviate the situation. 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 May 02, 2012 2 3:00 PM – City Hall for Budget Meeting – Finance Officer Richard Horner 4:00 PM – END 5:00 P.M. City Hall – Pledge to the Flag Council President Mann led the Pledge to the Flag. Council Member Busby said the prayer. Roll Call of Council Members: Attending: Council President Mann, Council Member Benfield, Council Member Sutherland, Council Member Merrill, Council Member Busby, Council Member Smith and Mayor Woodland. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) - NONE Presentations: Chad Erickson, residing at 541Partridge Lane, and Von Price, residing at 315 Millhollow Road, reviewed the maintenance of the green strip at the Rexburg Business Park. Several years ago Medco turned the responsibility of the lawn, in front of the business park, over to the property owners. That included paying the water bill and the electrical bill for the sign. They haven’t been able to pay the bills, due to the vacant lots. They proposed the city maintain the utility bills, including the water and electrical bill, and they would maintain the lawn. Mr. Erickson said the city has always had access to the property because it’s owned by the city. In the past they would pay to have the water drained, then the city would come out and turn the water back on, they see it reasonable to have the city take care of the utility bills. Council Member Sutherland moved to approve the city providing power and water as discussed to the green strip for the Rexburg Business Park on North 2nd East; Council Member Benfield seconded the motion; Discussion: Council Member Merrill reviewed the proposal. The power bill is paid up to date. Mr. Price said there is a need for power to run the sprinklers, and the power is minimal. Council Member Busby asked if the city would be responsible for non-city personnel injuries from mowing the grass. City Attorney Zollinger said the private parties would have their own insurance. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Busby Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Economic Development Director Scott Johnson said nine companies have responded to the RFP feasibility study for a fiber optics network in Rexburg. A subcommittee will be looking over those for the next couple of weeks. A 24/7 alarm monitoring company, Avantguard, plans to move to the area in the next four to six months. They will start with hiring 50 local employees, and eventually have up to 150 within the next two years. They are working on finding a location. They have other sites in Ogden, UT and Tacoma, WA. The site in Rexburg will be a brand-new site. Avantguard has a contract with Melaleuca, who have a home security portion, and they will be working with them. Committee Liaison Assignments for 2012: A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB Council President Mann reported the Golf Board met last night and they are doing well. Three groups are allowed ½ price golf for tournaments. It’s usually limited to three, but they have added a 3 fourth group; Upper Valley Industries. Emergency Services has not met; however, the city council looked at the new ambulances today. Julie Potter, a MYAB member, reported on the Masquerade Ball at the Carousel. Advertising helped with the turn-out this year, with net profits of $300.00. It was estimated that 125 people showed up, including members from the community, high-school and college. Council President Mann was impressed. Rexburg Days will be tomorrow, Thursday May 3rd, at Riverside Park at 4:30 p.m. The first 100 volunteers will receive a free Rexburg Days t-shirt. They will be picking up rocks so the new soccer fields can be laid. A community teen event will take place May 25th at 9:00 p.m. at the junior high school for Madison Junior and Senior High students. A dance will be held, on the tennis courts, to celebrate the end of the school year, and to help the upcoming students with transition. They are trying to get a bonfire approved, and they are asking local businesses to provide food. Local bands have signed up for live music. B. Council Member Jordan Busby: GIS Oversight · Airport Board Council Member Busby reported GIS Oversight Board is meeting Friday at 2:30 p.m. on GIS issues. The Airport Board did not meet. Saturday evening there was a water line break on South 5th West. He commended the staff for their job in fixing the break; they did a great job. C. Council Member Donna Benfield: Trails of Madison County · IBC · Teton Flood Museum Committee · M.E.P.I. Council Member Benfield reported the Trails of Madison County and the IBC have not met, and M.E.P.I. will meet next Monday. The Teton Flood Museum Committee met. They have been working with Technology Coordinating Services Director Kelvin Giles to get a link on the city website for the Legacy Flight and Teton Flood Museum. D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle Civic Center, Orchestra) Council Member Smith did not have a report. E. Council Member Jerry Merrill: Beautification Committee · Parks & Recreation · Traffic & Safety · Urban Renewal Agency Council Member Merrill reported the Parks and Recreation Departments are having spring sign- ups for the summer activities. The Teton Dam Marathon and other events are being handled in- house to keep the costs down. The Traffic and Safety Committee was concerned with crosswalks not being very visible; the paint crew will be painting the crosswalks. They asked about getting more lighting installed from the fees collected by the city. The Urban Renewal Agency needs to meet with the city to finalize the parking lot east of city hall. Council Member Busby asked how much money was in the security lighting fee fund. The fund has about $250,000 to add new lighting for street and pedestrian areas. Council Member Merrill said residents have been paying a fee in their utility bills, and would like to see new lighting in existing areas. The Police Department put together priority areas. Council Member Sutherland reported a poorly lit area on 2nd East. F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police Council Member Sutherland reported Planning and Zoning meets tomorrow night, and the Madison School Board will meet in two weeks. The Police Department did not meet, however the city council visited the Police Department today and reviewed the recent improvements made to the building. Mayor Woodland was impressed with the renovation. Public Hearing: – NONE Items for Consideration: A. Rezone – 51 South 1st East – Central Business District (CBC) and Medium Density Residential 1(MDR1) to Mixed Use 2 (MU2) 4 Community Development Director Christensen reviewed the rezone for the Pinnacle building on 1st East on the overhead screen. The proposal is to transition the building into housing. Part of the building is in a Downtown Commercial Zone, which doesn’t allow for residential use on the first story of the building. The other part of the zone is Medium Density Residential 1. The Comprehensive Plan is planned as Downtown Commercial Mixed Use. There is a commercial requirement of 10% of the development in a MU2 Zone. A Conditional Use Permit (CUP) would allow for residential use on the first floor, and less commercial development than 10%. (Development Code 3.14.020. Permitted Conditional Uses (E)) “…Each building or project must have a minimum of 10% residential or commercial and may have as little as 0% residential or commercial with a Conditional Use Permit (CUP). When MU2 is allowed in an area designated on the Preferred Land Use Map as Downtown Commercial Mixed Use, the residential density may be increased to 40 units per acre if approved with a Conditional Use Permit.” Council Member Sutherland said Planning and Zoning recommended approval. Council Member Smith moved to approve the proposed rezone at 51 South 1st East from Central Business District (CBC) and Medium Density Residential 1(MDR1) to Mixed Use 2 (MU2); Council Member Merrill seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Busby Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. B. Rezone – Approximately 328 North 2nd West – Light Industrial (LI) to Medium Density Residential 2 (MDR2). Community Development Director Val Christensen reviewed the proposal on the overhead screen. The property is south of Dave Walter’s pond and north of Rocky Mountain Power’s Service Center. It’s about 2 ¼ acres, about ¼ of the city block. The request is to take it from the current zoning as Light Industrial to Medium Density Residential 2. The proposal was returned, in the past, to Planning and Zoning, from city council, to reconsider a lesser zone. This proposal dropped the High Density to Medium Density Residential 2. Council Member Busy asked why it says approximately, Mr. Christensen said it’s because there’s not a physical structure on the site. Letter from Homeowners Living In The Vicinity of 328 North 2nd West Dear Council Member, The purpose of this letter is to oppose the rezone of the property at approximately 328 N 2nd West from Light Industrial to Medium Density Residential for planned development into 55 apartments. The recommendation from the Planning and Zoning Commission to approve the rezone was based in part on the Comprehensive Plan which shows the adjacent property which is now a gravel pit, being converted to a green zone or a park which would then be surrounded by apartments and condos. This property is currently privately owned, and the current owner has not been present at any of the public hearings and has never publicly stated that this property will be converted to a park. It is rumored that the gravel pit will be closed in 5 years, even if this happens, Walters Ready Mix plant will still be in operation at the current location. There needs to be further discussion and investigation before a decision is made based on this assumption. Operating adjacent to, or in close proximity to the property in question, are several businesses, including Tri State Tire, Walters Ready Mix, The City of Rexburg, and Rocky Mountain Power. Nearby are the railroad tracks, grain elevators and potato processing plant. There is heavy machinery and semi-tractor trailer traffic associated with all of these businesses. All of this traffic will either pass directly in front of, or within 1 block of this property. There is currently a truck route that comes around the corner at 3rd North which is less than a block from this property and to exit from the dead end street where the property is located, it is 5 necessary to cross the truck route. One area of concern is the intersection at 2nd West and 1st North. This intersection is to the south just over two blocks from the property. It would be the direct route the residences would take to get to the BYU-Idaho campus. The four-way stop, combined with the railroad tracks is hazardous even with the amount of traffic that currently exists. This proposed development would potentially double the amount of traffic using this intersection. The intersection at 2nd West and 2nd North is also hazardous. The disruption to the current residents and businesses would be excessive if the proposed development occurs. In addition, the noise and traffic from the businesses operating the close proximity would be difficult for the residents of such a development. This proposed spot rezone of one lot, surrounded by light industrial and single residences, is not the correct use or plan for the neighborhood or for the city. Thank you for your consideration. Council Member Merrill moved to approve the approximately 328 North 2nd West rezone from Light Industrial (LI) to Medium Density Residential 2 (MDR2); Council Member Benfield seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Busby Council President Mann Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. 6 Staff Reports: Public Works: – City Engineer Keith Davidson Project Bids: City Engineer Keith Davidson reported three bidders on the 2nd East reconstruction project; HK Contractors was the lowest bidder with $319,890.00. He projected $390,000 for the project. The project will begin mid-June. 2nd East Reconstruction Bidder Bid Amount HK Contractors $319,890.00 DePatco $335,450.00 TMC Contractors $435,200.00 Engineer’s Budget $430,000.00 Council Member Sutherland moved to approve the low bid from HK Contactors; Council Member Merrill seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann NONE Council Member Busby Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. City Engineer Keith Davidson reported eight bidders for the 5th South Waterline Project. The project will run a main line from 1st West to 2nd West and tie in with Nauvoo House Apartments, which is currently tied to the University. Jerome Bowen was the lowest bidder at $96,127.80. Council Member Busby asked if the contractor would be stuck with the bid even if the work turns into a bigger project. He would be stuck with the bid. If the project is less, then the city will pay less. 5th South Waterline (1st West to 2nd West) Bidder Bid Amount Jerome Bowen $96,127.80 Edstrom Construction $100,145.00 Hill & Son Exc. $111,059.90 HK Contractors $113,669.00 TMC Contractors $128,605.00 3H Construction $130,400.00 DePatco $158,067.00 MD Nursery $164,929.00 Engineer's Estimate $124,000.00 Council Member Sutherland moved to approve the low bid from Jerome Bowen Construction; Council Member Busby seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann NONE Council Member Busby Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. 7 Council Member Smith asked for a report on the 7th South Bridge at the next City Council meeting. Finance Department: – Richard Horner 1. 403 Sick Leave Benefit Policy Change Finance Officer Horner reviewed the proposal to add parental care sick leave, and sick leave for anyone living in the home for care by the employee. Council Member Merrill asked about the limits. It would be limited to the employee’s accumulated sick leave. The portion to be added to 403 Sick Leave Policy is as follows: “…or parents or parents-in-laws or anyone living in the employee’s residence, that the employee has caretaker responsibility for, due to the inability to care for themselves as stated by their physician.” Council Member Benfield moved to approve the 403 Sick Leave Benefit Policy change as discussed; Council Member Busby seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Busby Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. 2. Water and Sewer Line Insurance: For Home Owner’s Finance Officer Horner received a letter to send to residents regarding a water and sewer line program available to home owners by the National League of Cities. Dear [customer name]: I am very pleased to tell you about a program available to our residents, brought to us through the National League of Cities (NLC) Service Line Warranty Program administered by Service Line Warranties of America (SLWA). This program is optional and your participation is voluntary. However, it could potentially save you a lot of money in these difficult economic times. As you may know, as a homeowner in the City of _______________, you are responsible for the maintenance and repair of your buried, outside sewer service line that runs from your home to the utility connection. SLWA offers a Sewer Line Warranty which provides repair coverage for your outside, buried sewer line for a small monthly fee. If you should need a repair, simply call the 24-hour hotline and SLWA will dispatch a local plumber within 24 hours*. There are no service fees or deductibles. Repair costs are covered up to $4,000 per incident, plus an additional $4,000 allowance for public street cutting, if needed. SLWA is proud to have been selected by the NLC as an Enterprise Program Partner. After a decade in business, SLWA has an A+ rating with the Better Business Bureau. The National League of Cities, representing over 218 million Americans is the nation’s oldest and largest organization devoted to strengthening and promoting cities as centers of opportunity leadership and governance. The City of _______________ wanted to make you aware of this optional warranty program because an unexpected and costly outside sewer line repair can devastate a family’s budget. The warranty program is administered by SLWA and no public funds were sued in the mailing of this letter. If you enroll by [date], SLWA will offer a discounted price of $_____ per month which represents a savings of over _____% on their standard monthly price. If you elect to pay annually, they will discount the cost further to $_____which is over a _____% savings. 8 To enroll in the optional sewer line warranty program, or to learn more about this program, please call 1-800-000-0000, Monday through Friday 9:00 am to 5:00 pm, to speak with SLWA directly. Or if you prefer, you may return the bottom portion of this letter to SLWA in the enclosed, self-addressed, postage-paid envelope or visit www.utilitylineprotection.com. Sincerely, [Mayor Name] Mayor *Complete warranty terms and conditions will be provided following enrollment or you can view them online at www.utilitylineprotection.com. You may terminate your participation in a warranty program at any time. You have 30 days from the date you enroll to receive a full refund. After 30 days, you will be reimbursed the pro rata share of any amount you paid for any portion of the warranty period subject to cancellation. See enclosed brochure for further details. City Attorney Zollinger said the product is not available from local vendors. The letter would be an introduction to the service from the city, not an endorsement. Council Member Smith asked how the letter would be provided to the citizens. City Attorney Zollinger said the National League of Cities (NLC), the service provider, would mail the letter. Finance Officer Horner said the city would not hand out a mailing list; they would have to buy one. City Attorney Zollinger said it’s only an introduction to a service for the residents, and NLC can use the city as a reference to verify that the service is not a scam. It would be advantageous to some property owners to have the service. Council Member Smith asked if a disclaimer could be added to the letter. Council President Mann said he was concerned with putting the city’s seal and logo on the letter. He doesn’t want to get involved in this matter. City Attorney Zollinger indicated the city is involved with every line break. The city already has involvement, this just shifts the liability. Council Member Merrill thinks it’s great to educate the home owner’s about this because a lot of them think the water and sewer line belongs to the city and it’s the city’s responsibility if it breaks. Finance Officer Horner said one option would be to have the city cover the customer’s section of sewer line by charging a fee for the service. If the city self-insures he would want to cover it 100%, and everyone would be covered automatically. Everyone would also have to pay. City Attorney Zollinger said he was not endorsing the program. The insurance will not have any harm or liability to the city. Council Member Busby and Benfield would like to put information about this on the website, and in the water bill, to see what people think about the matter. Council Member Busby would like to talk to someone who has used the service. Council Member Busby moved to table the letter; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Busby Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. 9 Calendared Bills and Tabled Items: A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE PUBLIC HEARING PROCEDURE: The City Council was presented Ordinance 1085 for the two rezone actions approved under items for consideration. City Clerk Kay asked if the City Council would like to approve Ordinance 1085 in conjunction with the prior approvals. One option would be to suspend the rules and pass the ordinance tonight or first read the ordinance. City Attorney Zollinger said there can be no more public input, and the project is moving forward, he recommended they suspend the rules. Council Member Merrill moved to suspend the rules for Ordinance 1085; Council Member Sutherland seconded the motion; Mayor Woodland asked for a roll call vote: Those voting aye Those voting nay Council Member Busby Council President Mann Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Council Member Sutherland moved to approve and third read Ordinance 1085; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Busby Council President Mann Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. 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. Ordinance 1084 – Amend Ordinance 1026 for larger buildings in MDR1 Council Member Sutherland moved to second read Ordinance 1084 to amend Ordinance 1026 for larger buildings in MDR1; Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Busby Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. E. Third Reading: Those items which have been second read: 1. Ordinance 1082 to Rezone 415 and 437 West 6th South from High Density Residential 1 (HDR1) to High Density Residential 2 (HDR2). Council Member Benfield moved to third read Ordinance 1082 to rezone 415 and 437 West 6th South from High Density Residential 1 (HDR1) to High Density Residential 2 (HDR2); Council Member Smith seconded the motion; Mayor Woodland asked for a vote: 10 Those voting aye Those voting nay Council President Mann None Council Member Busby Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table: - NONE Mayor’s Report: Mayor Woodland thanked the City Council for the great drive-around. He thought it went well, and the political forum was interesting at the Tabernacle. He thanked the City Council for their hard work. 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 April 18, 2012 meeting B. Approve the City of Rexburg Bills Council Member Busby moved to approve the Consent Calendar; Council Member Benfield seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Busby Council Member Smith Council Member Benfield Council Member Merrill Council Member Sutherland The motion carried. Council Member Busby was concerned the proper amount of parking spots available for The Ivy occupants and other apartments in that area were oversold. He asked about looking at the PEZ requirements for parking in that area. City Attorney Zollinger said they have reviewed The Ivy contracts, and students have signed contracts indicating they would not have parking on-site; however, they have brought cars hoping to park on the city streets. The street in front of The Ivy was originally a University (U) Parking Zone. It was taken off a year ago because the street was empty, which is not the case anymore. Council Member Busby was concerned with safety for people using street parking and walking across 7th South. There is no parking on the south side of 7th South. City Attorney Zollinger recommended they reassign it back to University District Parking because occupants of The Ivy are using the street as storage parking. It will also help with regulating who parks on 1st West. City Attorney Zollinger said its routine, when posting a new parking district, to post it and give warnings for the first week. The Ivy, as well as Shelbourne Apartments, will be notified of this change. Council Member Busby moved to return South 1st West back to University District Parking; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Busby 11 Council Member Smith Council Member Benfield Council Member Merrill Council Member Sutherland The motion carried. Technology Coordinating Services Director Kelvin Giles reviewed the paperless agenda proposal and the cost analysis. TCS Director Giles reviewed the 3G service, the cellular connection to the Internet, which will be used on the iPad devices. It would cost $8,500 to go paperless, but it would save city departments 300 hours in two years. It will also save in the cost of making paper copies. Council Member Merrill asked about the longevity of the iPad device. They become obsolete over a four year period because the technology is replaced. Council Member Smith moved to proceed with the 3G paperless agenda program; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Busby Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Council Member Busby moved to adjourn; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Busby Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Adjournment at 6:35 P.M. _____________________________ Richard S. Woodland, Mayor Attest: ________________________________ Blair D. Kay, City Clerk