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HomeMy WebLinkAbout2014.07.02 CITY COUNCIL MINUTES 1 July 02, 2014 Mayor Richard Woodland Council Members: President Sally Smith Jordan Busby Donna Benfield Jerry Merrill Christopher Mann Brad Wolfe City Staff: Stephen Zollinger – City Attorney Matt Nielson – 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 Terry Butikofer led the pledge. Roll Call of Council Members: Attending: Council President Smith, Council Member Mann, Council Member Benfield, Council Member Busby, and Council Member Merrill. Mayor Woodland and Council Member Wolfe asked to be excused. City Clerk Kay asked for a motion to accept the amended agenda to include items in the Finance Department and the Community Development Department. Council President Smith made a motion to amend the agenda as proposed; Council Member Busby seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill The motion carried. Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes): - None Presentations: - None Committee Liaison Assignments for 2014: A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB Council Member Mann reported the Golf Board met to review the increased revenues. B. Council Member Jordan Busby: GIS Oversight · Airport Board · Traffic & Safety Council Member Busby reported Traffic and Safety met to discuss new proposals. John reported two new items: First, four High School students presented their ideas for Project Citizen to add pedestrian and bike paths to the Madison High School. They were told to get on the agenda and 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 July 02, 2014 2 bring their ideas forward at City Council. Second, a safety issue at 2nd West and 7th South. There are people from The Ivy parking on the south side of 7th South without pedestrian controls. It is a safety concern to cross 7th South. Traffic & Safety recommends a traffic control flashing light be installed. The question is who would pay for it, the City or The Ivy. A city representative will bring up the parking issue with the IVY Apartments. City Attorney Zollinger said the church parking on this intersection has been prohibited since last week. The IVY has communicated this closure to their students. City Attorney Zollinger and Public Works Director Millar will talk to the IVY management. The students can park on campus across from the Temple. Other apartment complexes have helped pay for crossing lights. The crossing control on 7th South would cost under $10,000.00. Discussion on parking on University Blvd. Council Member Busby said the GIS Survey position is in process. C. Council Member Donna Benfield: Police · Trails of Madison County · IBC · Teton Flood Museum Committee Council Member Benfield reported the Police Department provided a great evening last week; Block parties will be scheduled this summer with a copy to the City Council. The Grand Marshal for the Summerfest Parade will be the Police Department on July 10th, 2014 at 6:30 P.M… The street dance will follow. D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle Civic Center, Orchestra) · M.E.P.I. Council President Smith did not have a report. E. Council Member Jerry Merrill: School Board · Parks & Recreation · Urban Renewal Agency Council Member Jerry Merrill reported the Community Gardens are being well utilized and looking very good. The Recreation Department is sponsoring the Main Street Mile on July 4th. All of the projects are moving along. F. Council Member Brad Wolfe: Planning & Zoning · Beautification Committee Council Member Wolfe was excused. Mayor’s Report: A. Proclamation 2014 – 02 “Idaho International Summerfest” – July 3rd to August 2nd , 2014 Council Member Benfield read the proclamation: PROCLAMATION No. 2014 - 02 A Proclamation of the Mayor and approved by the City Council of Rexburg, Idaho, proclaiming July 3rd to August 2nd , 2014 as the Idaho Tour for the Idaho International Summerfest for the City of Rexburg. WHEREAS, the City of Rexburg has been given the privilege of hosting several performances of the Idaho International Dance & Music Festival where hundreds of performers from around the world descend on Rexburg and nearby Burley; and WHEREAS, the City of Rexburg has been given the privilege of hosting several performances of the Idaho International Dance & Music Festival where dancers and musicians perform in various venues, from the Gala Performances to the Street Parade, Street Festival, youth culture classes and other events.; and WHEREAS, in the past the Idaho International Dance & Music Festival has hosted nearly 300 different teams from 60 different countries; and WHEREAS, the Idaho International Dance & Music Festival has been given a new name, “Idaho International Summerfest” as well as a date and location 3 change for 2014, targeting the youth and young families as well as our traditional audiences; and WHEREAS, it is a great honor to have the participants of this great event share with us the talents and traditions of their communities and countries and show that our cultures are more similar than they are different; and WHEREAS, this is also a wonderful opportunity to help promote the benefits of performing arts and to bring together citizens from all walks of life, to share in the enrichment of our growing multi-cultural communities, it’s diversity, and to enjoy the universal language of music and dance; and WHEREAS, the City of Rexburg extends a warm welcome to the participants of the “Idaho International Summerfest” and express our appreciation to those involved in planning and promoting this event. We wish you all the best of luck for a successful Idaho tour. NOW THEREFORE, I, Richard S. Woodland, Mayor of the City of Rexburg, do hereby proclaim July 3rd to August, 2nd, 2014 to be the IDAHO INTERNATIONAL SUMMERFEST in Rexburg and encourage all citizens to attend one of the performances and help welcome the “Idaho International Summerfest” participants to our great city. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of our City to be affixed this 30th day of June, in the year two thousand and fourteen. APPROVED: ________________________ ATTEST: Richard S. Woodland, MAYOR _______________________________ Blair D. Kay, CITY CLERK Discussion: There is a press conference this morning at Hemming Village to open Summerfest. The art show is on from July 3 to August 2. The color run is scheduled again this year for July 5. Participation is down from last year. Council President Smith asked for a motion: Council Member Mann moved to ratify Proclamation 2014-02 for Idaho International Summerfest; Council Member Benfield seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill The motion carried. Council Member Mann said the gifts are ready for the Mayors Reception. Public Hearings: - NONE Items for Consideration: A. East 2nd South Urban Renewal Feasibility Study – Terry Butikofer Terry Butikofer from the Rexburg Urban Renewal Agency explained the Urban Renewal Feasibility Study for the addition of right-of-way property into the Downtown Urban Renewal District. He reviewed the changes proposed for the Fire Department to add to the building; this would cause the Downtown Urban Renewal plan to be amended. In conjunction with this proposal, street along 2nd South were included to facilitate street improvements along 2nd South and associated side streets. 4 The 10% rule for Urban Renewal Plans was not breached in this proposal. He asked for approval of the required resolution. Council Member Merrill reviewed the value question on this proposal. The proposal does not add any value to the Downtown Urban Renewal District. It does not take any tax revenue away from Madison County. Council Member Busby asked if property owners in the district would have a tax increase. Mr. Butikofer said no, they would not. Discussion on the project possibly increasing adjoining properties. There could be LID’s associated with future street improvements. The action today needs a resolution to approve from the City Council. BACKGROUND This report was authorized by the Rexburg Urban Renewal Agency a/k/a the Rexburg Redevelopment Agency (“Agency”) in April 2014, and prepared during May and June 2014. This report will provide the technical support for the first step in amending the Amended and Restated Downtown District Redevelopment Plan (the “Plan”)1. That first step is a policy decision by the Mayor and City Council to designate a specific area as deteriorated or deteriorating and to authorize preparation of an amendment to the existing Plan. The proposed additional renewal area is identified on the map attached hereto and is generally described as the following public street rights-of-way: 1) East 2nd South Street from South 1st West Street to South 2nd East Street; 2) South Center Street from East 1st South Street to East 2nd South Street; 3) College Avenue from East 1st South Street to East 2nd South Street; 4) South 1st East Street from East 1st South Street to East 2nd South Street; 5) Princeton Court; and 6) South 2nd East from East 1st South Street to East 2nd South Street. Idaho Code Section 50-2008(a) states: An urban renewal project for an urban renewal area shall not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area or a combination thereof and designated such area as appropriate for an urban renewal project. Therefore, Step One in forming an enlarged urban renewal area is a resolution by the City Council making certain findings about the proposed additional area in the City. This resolution would also authorize the Agency to prepare an amendment to the existing Plan to include the additional area described above. The attached definitions of deteriorating area and urban renewal project are very pertinent to this step and are the focus of this report. Step Two in the renewal planning process is action by the Agency to prepare an amendment to the Plan and recommend its approval to the City Council. The City Council initiates Step Three by referring the amended plan to the Planning and Zoning Commission and setting a public hearing on the Plan. Step Three is completed by a Planning and Zoning Commission finding that the amended urban renewal plan conforms to the City’s Comprehensive Plan. Step Four is the adoption of a City Council ordinance approving the amended plan after a public hearing. 1 The original Downtown District Redevelopment Plan was established in 2003. In 2009, the 2003 Plan was amended to add a geographic area referred to as the Hemming Site. 5 RESOLUTION NO. 2014-12 BY THE COUNCIL: BENFIELD, BUSBY, MANN, MERRILL, SMITH, WOLFE A RESOLUTION BY THE REXBURG CITY COUNCIL DETERMINING A CERTAIN AREA WITHIN THE CITY TO BE A DETERIORATED OR DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-2018(9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF REXBURG TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN SUBJECT TO CERTAIN CONDITIONS, WHICH PLAN MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council and Mayor of Rexburg respectively on or about November 6, 1991, adopted and approved a resolution creating the Rexburg Redevelopment Agency (the “Agency”), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title 50, Idaho Code as amended (hereinafter the “Law”), and the Local Economic Development Act, Chapter 29, Title 50, as amended (hereinafter the “Act”) upon making the findings of necessity required for creating said Urban Renewal Agency; WHEREAS, the City Council of the City of Rexburg, Idaho (the “City”), after notice duly published, conducted a public hearing on the North Highway Urban Renewal Project pursuant to the North Highway Urban Renewal Plan (the “North Highway Plan”) to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, following said public hearing, the city council adopted its Ordinance No. 728 on December 27, 1991, approving the North Highway Urban Renewal Plan and making certain findings; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on the North Highway Amended and Restated Urban Renewal Plan (the “North Highway Amended and Restated Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 815 on December 30, 1998, approving the North Highway Amended and Restated Plan and making certain findings; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on April 9, 1997, and passed Resolution No. 97.01, finding the Washington School Site Area as “deteriorated” or “deteriorating area” as defined by Idaho Code Section 50-2018(h), (I) and 50-2903(b) declaring such area as an urban renewal area, making the necessary findings as required by Idaho Code Section 50-2008(a) and authorizing the Agency to prepare an urban renewal plan; 6 WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on the Washington School Urban Renewal Plan (the “Washington School Urban Renewal Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 794 on June 3, 1997, approving the Washington School Urban Renewal Plan, and making certain findings; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on the Second Amended and Restated Urban Renewal Plan, North Highway Urban Renewal Project, Including South Addition (the “Second Amended and Restated North Highway Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 950 on December 21, 2005, approving the Second Amended and Restated North Highway Plan, and making certain findings; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on the University Boulevard-South 12th West Urban Renewal Plan (“University Boulevard Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 996 on December 19, 2007, approving the University Boulevard Plan, and making certain findings; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on the Amended and Restated Downtown District Redevelopment Plan (“Amended and Restated Downtown Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1035 on December 2, 2009, approving the Amended and Restated Downtown Plan, and making certain findings; WHEREAS, based on inquiries and information presented by certain interested parties and property owners, it has become apparent that additional property within the City may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for urban renewal planning purposes; WHEREAS, the Agency commenced certain discussions concerning examination of the additional area as appropriate for an urban renewal project; WHEREAS, in April 2014, the Agency authorized the commencement of an eligibility study and preparation of an eligibility report of the area and surrounding properties; WHEREAS, the Agency has obtained the East 2nd South Area Eligibility Report (the “Report”), dated June 12, 2014, which examined an area in Rexburg known as the East 2nd South Area for the purpose of determining whether such areas are deteriorating areas or deteriorated areas as defined by Idaho Code, Sections 50-2018(9) and 50-2903(8); WHEREAS, pursuant to Idaho Code Sections 50-2018(9) and 50-2903(8), which lists the definition of deteriorating and a deteriorated area, many of the conditions necessary to be present in such an area are found in the East Second South Area, i.e., a. substantial number of deteriorated or deteriorating structures; b. predominance of defective or inadequate street layout; c. faulty lot layout in relation to size, adequacy, accessibility or usefulness; d. unsanitary or unsafe conditions; e. deterioration of site and other improvements; f. diversity of ownership; g. tax and special assessment delinquency; h. defective and unusual conditions of title; i. existence of conditions which endanger life or property by fire and other causes; and j. any combination of such factors. 7 WHEREAS, the effects of the listed conditions result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare in it present condition or use. WHEREAS, the Report, dated June 12, 2014, has been submitted to the Agency, a copy of which is attached hereto as Exhibit A; WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code Section 50-2904 also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, the Agency, on June 17, 2014, adopted Resolution No. 2014-4 (a copy of which is attached hereto as Exhibit B) accepting the Report and authorizing the Chairman of the Agency to transmit the Report to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct the Agency to prepare an Urban Renewal Plan for the East 2nd South Area, which Plan may include a revenue allocation provision as allowed by law; WHEREAS, it is desirable and in the best public interest that the Agency prepare an Urban Renewal Plan for the area identified as the East 2nd South Area in the Report located in the City of Rexburg, County of Madison, State of Idaho; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: Section 1: That the City Council of Rexburg finds and declares: (a) That the East 2nd South Area described in the Report is a deteriorated or deteriorating area existing in Rexburg as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended; (b) That there is a need for the Agency, an urban renewal agency, to function in accordance with the provisions of said Chapters 20 and 29, Title 50, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan; and (c) That the area identified as the East 2nd South Area in the Report is determined to be a deteriorated or deteriorating area, or a combination thereof, and such area is designated as appropriate for an urban renewal project. Section 2: That the Agency commence preparation of an Urban Renewal Plan for consideration by the Agency Board and, if acceptable, final consideration by the City Council in compliance with Chapters 20 and 29, Title 50, Idaho Code, as amended. Section 3: That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED By the Council of the City of Rexburg, Idaho, this 2nd day of July, 2014. APPROVED By the Mayor of the City of Rexburg, Idaho, this 2nd day of July, 2014. APPROVED: ________________________________ RICHARD S. WOODLAND, MAYOR ATTEST: _____________________________ BLAIR D. KAY, CITY CLERK 8 Council Member Benfield reviewed the challenges to Urban Renewal Plans in the past. Council Member Mann said a proposed State Statute was defeated this year to dis-allow public buildings to be included in Urban Renewal projects. Council President Smith asked for a motion: Council Member Merrill moved to approve Resolution 2014-12 for the East 2nd South Urban Renewal Feasibility Study; Council President Smith seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill The motion carried. Council Member Merrill said the North 2nd East Urban Renewal Plan is on track. Staff Reports: A. Public Works: – John Millar Update on the 2nd W 1st N project. They are completing the curb and gutter this week and it is scheduled to be paved next week. The railroad crossing will be finished later, but they will be able to open that street back up. 1. Approve bid for Evergreen park parking lot (Deferred to the next meeting) The parking lot discussion for the Evergreen Park was deferred to August 6th, 2014. 9 2. Approve bid for the wastewater treatment plant sprinkler system Discussion: Public Works Director Millar asked for approval of the low bid for this Wastewater Plant improvement project. It is about a two acre project included in the wastewater budget. Council Member Merrill asked who designed the project; the Engineering Department did the scope of work. Heads and valves were specified including Hunter and Rainbird sprinkler heads. Bid Opening July 1st, 2014 Council Member Busby asked about a hole on Pioneer Road by G’s Dairy where settling has occurred. It is being repaired. Council President Smith asked for a motion: Council Member Mann moved to approve the low bid (Lone Pine Nursery) for the wastewater treatment plant sprinkler system; Council Member Benfield seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. B. Finance Department – Matt Nielson 1. Approve 2014 amendments to the fiscal year budget by appropriating additional monies received by the City of Rexburg; and set Public Hearing date and time for August 6th, at 7:45 P.M… 10 Finance Officer Nielson reported on some of the changes including a few small grants, GIS Surveyor, and vehicles. This agenda item will be on the next City Council agenda on August 6th, 2014 to set a public hearing. BUDGET AMENDMENT FY 2014 2. Approve 2015 Tentative Appropriation Budget and set Public Hearing date and time for July 16th at 8:00 P.M... The proposed 2015 budget is $59,976,400 which includes possible water projects which would be bonded. Last year’s budget was $51,000,000. New construction was added including a 3% increase allowed by statute. Finance Officer Nielson reported on the 2015 Budget Highlights and he read a Statement of Understanding for approval: 11 NOTICE OF PUBLIC HEARING CITY OF REXBURG, IDAHO PROPOSED BUDGET FOR FISCAL YEAR ENDING 9/30/15 (FY 2015) A public hearing will be held for the consideration of the proposed budget for the fiscal year from October 1, 2014 to September 30, 2015, at the City Hall, 35 North 1st East, Rexburg, Idaho, at 8 p.m., on July 16, 2014. All interested persons are invited to appear and show cause, if any, why such budget should or should not be adopted. Copies of the proposed City budget in detail are available at City Hall during the regular office hours (8 a.m. to 5 p.m., weekdays). City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities related to the budget documents or to the hearing, should contact City Hall, 359-3020 at least 48 hours prior to the public hearing. The proposed total expenditures and revenues for each fund for FY 2015 have been tentatively approved by the City Council and entered in detail in the minutes of their meeting. Council President Smith asked for a motion: Council Member Mann moved to approve the 2015 Tentative Appropriation Budget and set Public Hearing date and time for July 16th at 8:00 P.M...; Council Member Busby seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill The motion carried. 3. Resolution No. 2014-13 to approve a rate increase less than 5% for garbage. Chief Financial Officer Matt Nielson reviewed the garbage (including recycling) increase proposal. Sewer and Water would not need an increase this year. 12 Discussion: The increase in garbage would begin October 15th, 2014. Recycling costs have increased by $97,000 this past year. Council President Smith said recycling is part of the cost of the garbage pickup program. Public Works Director Millar said a prior contractor was paid $36,000 for recycling. This proposal will see a net increase of $30,000 over the past program. Council Member Merrill said the public has been giving positive feedback due to customers going to a green can which is picked up every two weeks. The tipping fees have increased $14,000 over the past four years. Council President Smith asked for a motion: Council President Smith moved to approve Resolution No. 2014-13 to increase garbage rates by .032% without a public hearing; Council Member Mann seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill The motion carried. 13 C. Community Development – Val Christensen City Attorney Zollinger explained the Impact Fee credits for removing a building. City Attorney Zollinger asked to be excused early to attend a court hearing in Fremont County. He said that Attorney Rob Wood is going to replace Aaron as Assistant Prosecuting Attorney for Rexburg. He will be a shared employee with the County. Calendared Bills and Tabled Items: A. USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE PUBLIC HEARING PROCEDURE: – NONE 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: – NONE E. Third Reading: Those items which have been second read: – NONE 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 June 25, 2014 meeting B. Approve the City of Rexburg Bills Council President Smith asked for a motion: Council Member Benfield moved to approve the Consent Calendar and pay the bills; Council Member Busby seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill The motion carried. Executive Session per Idaho State Statute 67:2345 ) (d) To consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code. Council Member Mann moved to go into Executive Session per Idaho State Statute 67:2345 ) (d) To consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code; Council Member Benfield seconded the motion; Council President Smith asked for a roll call vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill The motion carried 14 Executive Session at 8:08 A.M. Executive Session ended Adjourned at 8:45 A.M. APPROVED: _______________________________ Council President Smith Attest: _______________________________ Blair D. Kay, City Clerk