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HomeMy WebLinkAbout2000.01.19 CITY COUNCIL MINUTES DATE: (01/19/2000) MINUTES OF THE CITY COUNCIL MEETING January 19, 2000 STATE OF IDAHO) County of Madison) SS City of Rexburg) Present were the following: Presiding:Glen Pond Council members:Kay Beck Paul Pugmire Farrell Young Marsha Bjornn City Clerk:Marilyn Hansen Finance Officer:Richard Horner P.F.C.:John Millar Excused:Mayor Bruce Sutherland, Stephen Zollinger and Donna Benfield Pledge to the flag. Kathy LaFollette - 106 Birch Ave. Kathy presented an addendum to animal control for those people who have purebred or registered dogs. She had checked with surrounding areas and found that purebred animals were not given a break on fees unless they have more than two animals. For more animals they can apply for a commercial kennel license. Kathy proposes that the city adopt into the animal control ordinance a commercial kennel license requirement. With her work through the Humane Society she has tried to make a difference in how animals are treated and cared for, there is room for much improvement. She also proposed that when the Council considers voting on this matter that the proposal be divided into categories and vote on each category. The fees mentioned in her addendum came from other communities in the surrounding area. Kay ask if anything had been done concerning the giving away of free pets at the local stores. It was determined that nothing had been done to this point. Glen questioned if Kathy had made her presentation to the county. Kathy had made the presentation and the county basically wanted her to go out and find all the necessary grants and funds to fund an animal control program without the licensing of animals which cannot be done. Glen suggested that Kathy give Stephen a call as to when he can have the addendum to the current ordinance ready. The ordinance will need to be amended before anything further can be done. It may be necessary for a work session on this issue and she would certainly be invited. 1 Officer Lynn Poole stated that he had researched the records and found there had been 85 dogs and 32 cats put down in 1999. So far in the year 2000 there have been 21 dog licenses sold. A motion was made by Kay Beck and seconded by Paul Pugmire to approve the minutes. All Aye. thth Opened Public Hearing for Annexation on south 5 West and 7 South: Thomas Blackham - 1165 So. 1000 West Thomas gave some history of his property for the last 27 years that he has lived in that area and some advice he had received at that time that has never been forgotten, and that was that he needed to be more compassionate, that a plan should consider not only economics but the feelings of the farmers and their families. A petition had been signed by 7 property owners, only 1 attended the Planning & Zoning meeting and at that time requested their name be removed, the request was granted. All but 2 of the other property owners expressed opposition to the city for annexation, their reasons for opposition are a matter of record. Statistically 18 property owners and 38.9 acres are involved. The 6 for annexation represent 33% of the property owners and 6 acres or 16% of the total property involved. The 10 opposed represent 56% of the property owners, 31.8 acres or 82% of the property. The 2 not on record represent 11% of the owners with .9 acres or 2% of the property. Mr. Blackham suggests that the opinion and feelings of the majority of the property owners are relevant to good planning and ask the City Council to consider this. There is reason to believe this is a win win situation for the City but owners do not see that this is a good situation for them. He is opposed to annexation. Weston Lawrence - 1144 So. 1000 West He went on record in concurring completely with Thomas Blackham and he also presented his statement. With annexation inevitably LIDs will follow and with the unfair and inequitable application of costs with 250' of frontage it would produce a financial nightmare for the Lawrences. He ask for the City Council to place themselves in his position and then ask if they were faced with that situation how would they vote. The majority of the people in that area have voted against annexation and that is the way it should remain until such time as the majority should vote for it, to do otherwise is dictatorial and not democratic. th Gale Harding - 329 W. 7 South Gale concurs with the previous two gentlemen who are neighbors, he is against annexation for the reasons that have previously been stated. Please take the testimonies that have been given and realize the feelings that the property owners have and not take away that right to a free system. Glen read the written testimony which was read into the record as being opposed to annexation. th The letters were from Henry and Mary Bischoff, 9 So. 5 West, Ralph and Gale Steiner, 1154 South 1000 West and Nelda Jeppesen, 1042 S. 1000 West. The petition for annexation was also read which has been signed by Delynn Edstrom, Howard Murdoch, Lamar Ellis, Hal Hunter, Demar Sharp, and Darin Call. 2 Neal Christensen - 1143 So. 1000 West He is opposed to being annexed into the City. One reason he thought they would be annexed in was for the sewer system and from the project he observed this last fall on the sewer system north of his property he feels like there is no one in the room including the City of Rexburg that can afford to go any further with this project. He appreciates the City Council and their efforts. th Greg Furrows - 776 So. 5 West He is one of the few that has a city address but he is in the county. He has a similar reason as the gentlemen before him have mentioned for not wanting to be annexed. In addition he likes the feeling of living in the country although he really doesn’t, he likes Rexburg, he has been here since 1992 and enjoys the area but does not see where it would be beneficial to be annexed into the City. The new sewer line ends in front of his house, he would be in a situation that if his septic tank failed he would probably be forced to connect to the sewer, however, even with the additional cost it would be beneficial to not be annexed. Randall Foster - 1057 So. 1000 West He purchased his property in 1983 and has lived there for the past 16-1/2 years. He would like to go on record as being opposed to annexation to the City of Rexburg and presented his statement. He is completely satisfied with his property being in the county. Whether annexed or not his home will not move closer to the fire department, his snow removal is as good if not better than some sections of the city property which he adjoins. He is presently on the city sewer and water and has absolutely no problem with paying the surcharges charged to outside city residents for these services. When the 11th South project happens there may be changes in not only planning but also in zoning and perhaps there will be a need to be annexed into the City, but until that time if it is not broken don’t fix it. Dave Beck - 1187 So. 1000 West He is very opposed to being annexed into the city for the reasons that have already been stated. The public hearing was closed and discussion was opened to the Council. Farrell ask if someone would point out the properties that were in favor of annexation and where the present sewer line stops, which was done. The only new people that connected up to the sewer were Demar Sharp and Delynn Edstrom. (Discussion) Marsha ask about the possibility of annexing a portion of this area and not the entire area. John confirmed that is a possible alternative. Marsha also questioned when someone calls in for an emergency in this area how do they know who is to respond, the city or the county. Sheriff Moffat said this is not a problem with the new 911 system, this system will establish who the responding agency should be. If there is ever a question the county deputies answer the call. 3 Discussion from the Council: Marsha - In reading over all the minutes she can see how the city wants to square up the properties, but when she see the majority of people that do not want it she feels it is not a good thing. Kay - feels the perhaps the Council has been remiss in their duties where they represent the City in the expenditures that have been made out there. Maybe the Council has been a little negligent in the duties whenever this was done in probably two or three stages to spend that kind of money to serve so few people unless the intent was to annex these people. Marsha ask if any of the people opposed to annexation would be developing their property in the future. Everyone there agreed that none of them present would be interested in future development. Kay felt that certainly before they made any more expenditures that it might wise to check into this further with the people involved. Glen commented that there were cities, in fact most cities, that do not provide water and sewer for residents outside the city limits. The question was asked how this happened that we provided the water and sewer before the area was annexed. (Discussion on water and sewer hook-ups in the past) Paul commented that the residents located in the northwest corner of the area were in favor of annexation with the exception of Randall Foster. Randall is already on the city sewer and water line and Paul questioned Randall’s objection to being annexed. Randall re-read his previous statement of objections, when he purchased his home it was in the county, he likes it in the county and he does not object to paying a surcharge to the city, he does not want an L.I.D. imposed on his property or the increase in taxes. Richard stated that the surcharge for utilities is slightly less than the tax increase, at least in the properties that have been looked at. In comparing one against the other the surcharge was approximately $250.00 and the tax increase was approximately $300.00. Paul questioned John as to other than cleaning up the boundaries what does the City have to accomplish by this annexation. John said there were a couple of things, of the 19 parcels in that area 15 of them are on city water and/or sewer, the density of the properties, that eventually the City hopes to get rid of all the septic tanks, and increasing the population base is also a factor. Area wide there is a degradation of water quality, there are numerous articles on increased nitrate levels and it is a factor. The City has had to close the Smith Park well because of contamination. On predominantly agricultural properties over 5 acres, if they are against the annexation, they cannot be forced. There are two parcels that are 10.5 and 6.5, the 6.5 is arguably non- agricultural. Glen reiterated that this was only a public hearing, we are just here to take the input, there is not an ordinance drawn up to even read, the Council can vote to either proceed or not to proceed. There was discussion that the City does not have the requirement that anything that is hooked on to their system has to be annexed yet. There are several options the City has and it was suggested that a work meeting may be necessary. Paul Pugmire made a motion that the annexation proposal be tabled, (taken off the agenda) that 4 the Council have a work meeting and look at the northwest corner. Everyone needs to be aware that the situation is going to change when the septic systems reach their life span so we will have to come back to this issue again, but this does not need to happen now. Marsha Bjornn seconded the motion. All voted aye. It was suggested that the Mayor try to put a work meeting together on this issue. Paul suggested that the City take a serious look at the question of these people being hooked to the City systems without annexation so that we don’t bring on this kind of problem. John Millar updated the projects: There is not a lot transpiring currently with the winter conditions. The only thing active that was before the last Council meeting is the First West and Main Street signal and that is totally operative and functioning adequately. The only other project being worked on the last couple of weeks is getting the City Hall switched over to have standby power. Electrically that is completed, we just have a couple of things to finish up on the generator and it will be totally operative. Marsha Bjornn stated that she had never had a week in the five years that she has had so many phone calls and so many comments on the streets. Some of the discussion was on cars getting fined for parking on the street and then when they moved their cars the plows did not come. She questioned if the plows worked on Sunday. John replied that there was a problem in her neighborhood on Sunday, as soon as the problem was detected the plows were called out. (Discussion on the number of times the streets have been plowed in Rexburg compared to surrounding cities as well as chemical application versus sand/cinders). Marsha feels like she was elected by the citizens, she is a voice for the citizens and she feels like if she can’t come here and express their wishes and their needs then what was she elected for? The discussion was that when she gets the complaints she might call Farrell or John at the time she gets them so they can address it rather than waiting for a week or two later. She was not sure of her restrictions and limitations. John commented that she could call any time and talk with either of them and take care of the problems at the time rather than waiting. Paul also requested that when she gets comments to please let those on the Street Committee know so that they are aware. Richard also commented that City Hall staff appreciates calls from the Council members when there is a problem so that it can be taken care of immediately. Farrell stated he had received a lot of calls on the streets but they had all been compliments. There was some comment from Alan Dunn, Principal at Middle School and Sheriff Greg Moffat concerning the stop light on South Highway. Alan requested that the snow be pushed back a little from the curb, it makes it difficult on the corner to turn without a problem. John stated that he 5 would look at the situation and if possible get the snow pushed back farther. th Discussion of putting a street light in the area by Frontier Pies, coming from 5 West to cross the highway and make a turn left, it is difficult to see where to turn. The City is looking at putting two street lights in that area. Alan Dunn would like to be invited to the work meeting when the Council discusses the Animal Control Ordinance with Kathy LaFollette. Glen mentioned that a city employee had discussed with him the policy on loan options on the 401K plan. In the May 5 meeting this was discussed and it was suggested then that this be looked at with the employee on a one-to-one basis and if this plan did not address the loan issue maybe a provision could be provided. There was never a provision for emergency loans, what was said was that basically if an employee has a loan they would have to pay off that loan and wait 90 days before they could get another loan. Kay suggested that this would be appropriate to send to the Personnel Committee for review then come to the Council with a recommendation. Farrell agreed to take this matter under review with this Committee and Richard. There was some discussion on getting the youth involved in committees and involved in government procedures. Riley Bowman had contacted the Mayor saying they would like to put together a student action committee that could attend the City Council meetings, some other meetings and learn what is going on. Glen had talked with Steve about reviewing the ordinance to see if there was a way that on some of the committees we could actually have a youth as a voting member. Stephen will do the research on this matter and the Mayor will probably proceed with this student action committee through the Idaho Youth Council. Kay made a motion to go to Executive Session, seconded by Paul. All voted aye. Reconvened from Executive Session Paul made a motion to send to Planning & Zoning for their review recommendations from the Airport Board having to do with building permits, FAA regulations and noise issues for the Evergreen Subdivision. Marsha seconded the motion. All voted aye. Paul made a motion to pay the bills. Motion was seconded by Kay Beck. All voted aye. Meeting adjourned. ________________________________________ 6 Bruce Sutherland, Mayor ____________________________________ Marilyn Hansen, City Clerk 7