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HomeMy WebLinkAbout2000.06.21 CITY COUNCIL MINUTES DATE: (062100) MINUTES OF THE CITY COUNCIL MEETING June 21, 2000 7:30 p.m. STATE OF IDAHO) County of Madison) SS City of Rexburg) Present were the following: Mayor:Bruce Sutherland Council members:Kay Beck Nyle Fullmer Marsha Bjornn Glen Pond Donna Benfield City Clerk:Marilyn Hansen Finance Officer:Richard Horner P.F.C.:John Millar City Attorney:Stephen Zollinger Pledge to the flag. The Mayor discussed the announcement by the LDS Church concerning the decision to turn the 2 year Ricks College into a 4 year university and rename the school BYU-Idaho. The plan is for the school to become more academic and intercollegiate sports will be phased out. RE:RESIGNATION OF FARRELL AND APPOINTMENT OF NYLE TOPIC: (23,262,,,COUNCIL MEMBERS) Mayor Sutherland discussed the resignation of Council Member Farrell Young to become a Mission President in Mexico for the LDS Church. He then recommended the appointment of Nyle Fullmer to succeed Farrell Young. Glen made a motion to approve the Mayor’s recommendation, which was seconded by Donna. All voted aye, none opposed. Stephen then swore-in Nyle Fullmer as a City Council Member. Kay made a motion to approve the minutes of the last meeting held on May 17. Marsha seconded the motion, all voted aye, none opposed. RE: BUDGET TOPIC: (23,262,,,BUDGET,FINANCING) After discussion on the cash flow and budget flow by Richard, it was determined to table this matter for two weeks. In the meantime it was suggested that Richard set up a work meeting with the Finance Committee and make a proposal to present to the Council. 1 RE: PUBLIC HEARING FOR QUAIL HOLLOW ESTATES TOPIC: (23,263,,,PUBLIC HEARINGS,QUAIL HOLLOW ESTATES,WALKER*GLEN, IMPACT ZONE,SUBDIVISIONS,BARNEY DAIRY ROAD,ANNEXATIONS, FINAL PLATS) The Mayor opened the Public Hearing for Glen Walker’s Quail Hollow Subdivision. Stephen read the Notice of Public Hearing. John reviewed and distributed the proposed final subdivision plat. The final plat has been approved by the Planning and Zoning Board. There was discussion on possible future annexation and the impact on sewer, water and easements to comply with sidewalk regulations. Marsha questioned if the Health Department had reviewed this project, which she was informed they had. There was no public comment. The Mayor closed the public hearing. Discussion was concerning annexation of property in the Impact Zone, having subdivisions come into the City without sidewalks which would not comply in the event of annexation. The Mayor explained that the rules in the Impact Zone are not as stringent as the City ordinances, there was concern that perhaps purchasers should be aware of the sidewalk ordinance in case of annexation, perhaps putting it in the subdivision restrictive covenants, or attaching information to the building permits. Marsha made a motion to approve the final plat for the Quail Hollow Subdivision on the condition of Departmental approval. Donna seconded the motion. The voting results were: Marsha BjornnAye Nyle FullmerAye Glen Pond Aye Donna BenfieldAye Kay BeckNay RE: PUBLIC HEARING FOR MITCH NEIBAUR TOPIC: (23,263,,,PUBLIC HEARINGS,NEIBAUR*MITCH,SOUTH HIGHWAY, SUBDIVISIONS,FINAL PLATS) The Mayor opened the public hearing for Mitch Neibaur. Stephen read the Notice of Public Hearing. John distributed copies of the proposed final plat, explained the location of the property zoned HBD Industrial Subdivision, it is a non-typical subdivision, the ordinance is written primarily around residential subdivisions. It is strictly a division of ground of convenience of sale, there are no dedicated roads, and water or sewer will not be provided. The use of the land will primarily be a continuance of use that is there now, and a lot of the property has currently been planted into a pine tree nursery. Any ground divided into more than 3 parcels requires a subdivision of the property. There was no public comment. The Mayor closed the public hearing. Donna made a motion to approve the final plat for Mitch Neibaur on condition of Departmental approval, motion was seconded by Marsha. 2 Voting aye: Marsha Bjorrn Nyle Fullmer Glen Pond Donna Benfield Kay Beck None opposed. RE: PUBLIC HEARING FOR ECIPDA TOPIC: (23,264,,,PUBLIC HEARINGS,E.C.I.P.D.A,WASTEWATER TREATMENT PLANT, GRANTS,WASTEWATER) The Mayor opened the Public Hearing for ECIPDA concerning the Community Block Grant. Stephen read the Notice of Public Hearing. Rick Miller explained the public hearing was called for a status and update of the Wastewater Treatment Plant. The City received a $350,000.00 grant to assist them in this project which has been utilized for the overall construction of the plant. B&C Construction was the contractor selected for the project, the construction is going along well and is approximately 75% complete. Environmental clearance was also completed allowing the progress of the project. John Millar brought information current as to the costs and status of completion on the project. When the grant was set-up on this project it was committed to pay $1,384,000 in construction. In order to reduce costs on the project part of the work was done by City staff and some of the materials were purchased directly. Construction costs to this point are $1,088.,447.52 with change orders which leaves a budget of $285,000 uncommitted. With these funds if we do not expend the funds then they take back a percentage of the grant money. We can lose the 25% match or try to incorporate other related needed wastewater items into the budget. There has been an odor caused primarily from the changes at NorSun, the company that purchased Sun Glo. There has been a very large increase in the amount of solids and we need to expand our sludge drying capability. John proposed the City build two additional drying beds on the north side of the existing six we have, incorporate that into the project via a change order to the existing contractor which is estimated at $190,000. Kay made a motion to approve the change order to proceed with two more beds to meet the present load. Nyle seconded the motion, all voted aye, none opposed. No public comment. The Public Hearing was closed. Discussion of the stainless steel baffles, the cost saved by having them locally manufactured by ManuFab, the odor at the campsites and the trespassing signs. RE: YOUTH RENEWAL CENTER TOPIC: (23,264,,,YOUTH RENEWAL CENTER,E.C.I.P.D.A.,TECHNOLOGY WAY, 4TH NORTH,MODULAR HOMES) Youth Renewal Center Addition was discussed. Kay Beck declared a possible conflict of interest because of his involvement with ECIPDA. The project is a modular home approved by P&Z on the condition that the City Council be aware of the project, which home is to be added to the present facility and used as class rooms. There is concern about the appropriateness of having a 3 relatively temporary structure in an area surrounded with nice structurally well developed offices. There was concern if the adjacent property owners were aware of the impending structure. Stephen explained that under the Planning & Zoning Ordinance a site plan approval is required and that is what Planning & Zoning provided. Two members of the Council, Mayor Sutherland and Glen Pond sit on the ECIPDA Board and through that Board they wanted this project to be reviewed and the fact that the Council has a vested interest. The concern is putting a structure of lesser standards in this area. Glen ask if this project was presented to the ECIPDA Board and did the board approve. He was told it was presented to the Executive Committee which did approve moving ahead to come to this point. Ted Hendricks explained the position of the grant, the business, the possibility of moving in the future, the structure being put on a foundation but still being a partially temporary structure, the cost between the modular home and a stick built building, and the time factor. Sheila Kellogg discussed the reason for the short time frame, which did not allow them time to look at other building options. The Department of Juvenile Corrections, the primary contractor and provider of children they provide treatment for, is in a bit of a crisis. They needed to have this facility up and running in July so the time frame eliminates a lot of options. With the current building being full they looked at this option which is at this point a temporary fix even though the building will be on a foundation and landscaped. They chose the siding and trim that would go best with their existing building. Doing this will then allow time to work with ECIPDA and look at a better solution. If this program works, then this will need to be reviewed to see if they need to add on a wing or procure another building. This will allow them to provide the beds for the Department of Juvenile Corrections, and add jobs. It was not their intention to put something there that would be a problem for any one. Discussion was concerning when the Department of Juvenile Corrections gets their other facilities up and running would it effect this facility, whether doing this in such a hurry would be accommodating the State with a quick fix then them not needing it longer. The children will be in the main building and the new building will house the therapist office and the school program. The location of the house on the property was discussed and whether or not this is just a band-aid fix, the parking requirements, modifications to the building which might include brick, landscaping, whether this building is built to an adequate code for business use. The question came up of the possibility of another business wanting to put this type of building up, would it be allowed? This building does not fall under temporary with the foundation under it. John Watson, a property owner in the area owns the Health & Welfare Building. He went before Planning & Zoning about 4 years ago with his plan, as a developer he was required to build the curb, gutter and sidewalk and the road on the south side. He had to build his building according to the Uniform Building Code, this building is a well designed building and basically what he sees is a modular sitting there forever as a band-aid and he is not happy about it. He designed the Juvenile Detention Center for 5 counties and had to go through a strict process to meet their criteria. What he sees now is a need, this group is filling the need with a band-aid that is going to hurt the neighborhood that is not built to code. Glen Walker has talked with the City about a bridge across the canal where the road is to go in front of this facility and how this would intersect. Although it sits parallel it will not be an issue. 4 As a family they will be selling some of their adjacent property to a developer and he is concerned about the aesethics and the band-aid effect. Mitch Neibaur asked that the Council give this strong consideration as whether it is something they want, not because of time restraints. He is very concerned with the aesthetics. There is a committee in the process right now of trying the best they can to encourage revitalization of the downtown area and he would like to see the bar of standards raised, not lowered. Stephen suggested that there were a number of concessions made on the part of Ashton Memorial with this particular program in mind. If this should be resolved tonight, pursuant to extending their use they be granted this particular building for no longer than a two year period of time, then determine if they need to expand permanently or assess the need. The Council does have authority to send this back through a hearing process where the neighbors are involved and see if it does change the perception of the neighbors. Ted feels that they could entertain a time period but it would be more advantageous to extend it a little longer than two years, to possibly 5 years. After a lengthy discussion Glen made a motion to allow the Youth and Family Renewal Center a conditional use for a 5 year period with some site relocation of the building, conditioned upon Departmental Review. Motion was seconded by Kay. Voting as follows: Aye Nay Glen PondMarsha Bjorrn Kay BeckNyle Fullmer Donna Benfield The motion failed to pass. Stephen explained that at this point the Council would either need to call for a Conditional Use Permit on the modification or approve conditionally the site plan that has been referred to them. The Planning & Zoning approved this site plan conditioned upon the Council discussing what options were available to them. The legal ramifications were discussed and also that no matter what is voted on it will need to go through all the UBC hoops. After research it was determined that the previous decision on this matter was not by Conditional Use Permit but it was determined by the State that it fell within a hospital category and therefore no Conditional Use Permit was necessary. If this is actually determined to be a hospital then the building will likely not meet hospital standards. Where this is to be an ancillary building it falls within the category of a conditional use. More discussion about how Youth and Family Renewal came into the community, how long they have been in business, their investment and the possibility of their clientele increasing or decreasing. Nyle made a motion to go into Executive Session, Glen seconded the motion, all voted aye, none opposed. Reconvened. Glen made a motion to table the issue with Youth and Family Renewal Center allowing time for the Youth and Family Renewal Center, ECIPDA and the City get together and work out an agreement. Motion was seconded by Nyle. All voted aye, none opposed. 5 RE: DAMA’S DOG FOUNDATION TOPIC: (23,267,,,DAMA’S DOG FOUNDATION,DOGS,LAFOLLETTE*KATHY) Dama Wirries gave a presentation concerning Dama’s Dog Foundation. She distributed and reviewed the foundation business plan which basically establishes long term care facilities for animals. Their goal is to take existing facilities that communities have in Idaho, starting with Rexburg, taking dogs from short term facilities either adopting them or moving them to long term facilities. They would like to educate the community and give people an alternative to euthanasia and also start an active spay and neuter program. There will be no dog adopted out of the pound without being spayed and neutered. The long term goal of the foundation is to make Idaho the first “No Kill” state. The proposal to the Council tonight is for the Council and the Foundation to enter into a joint agreement to save the animals’ lives, prevent animal suffering and eliminate animal abandonment. The process would be for their attorney, Holden, Holden, Kidwell, Hahn and Crapo, and the City Attorney to work over the next month to come up with an agreement to work together. She also presented some recommendations for the interim which would be for the foundation to take over the daily care of the animals in the pound at this time. The foundation will assume the adoption of animals. Every effort to find the owners of lost animals will be made, there will be articles in the newspapers, radio announcements and it was suggested that perhaps for this first year the fees be waived for license tags, set up booths in high traffic areas in Rexburg, give licenses out, get identifications on the dogs so when it is picked up Officer Poole can find the owner. Most of the money that comes in for the Foundation is in the form of donations. There are a couple of funding sources that are unusual which they will pursue. The long care facility for the present is in Osgood on the location that was formerly the Arrington Exotic Zoo which has been purchased by Dave Kingston and a kennel donated for the dogs. Dama stated that Chief Archibald and Officer Lewis will go along with whatever the Council decides. Officer Poole stated he could not see anything in the foreseeable future that would be a tenable situation, it would only make his job easier. Paul LaFollette asked some questions concerning the foundation, fees , licenses and adoptions which were addressed by Dama. Paul would like to encourage the Council to become involved in the education of the community. The free give-away of dogs at local businesses was discussed and it was recommended by Dama that it be encouraged to have these animals brought to the pound for adoption rather than given away over the weekend and ending up at the pound on Monday. Nyle made a motion to agree to the interim proposals and give Stephen the charge to enter negotiations with the Foundation attorneys to draft an agreement. Motion was seconded by Kay. All voted aye, none opposed. It was also recommended and agreed that Dama would draft a Mayoral Proclamation stating that Rexburg will be the first “No Kill” community in the State of Idaho. 6 RE: FIREWORKS APPLICATIONS TOPIC: (23,268,,,FIREWORKS,FIREWORKS PERMITS) Fireworks Application and locations for the year 2000 were presented to the Council for approval: American Promotional EventsWal-Mart American Promotional EventsBroulims Market American Promotional EventsAlbertsons R & S MarketingBeehive Bookstore Acme Discount FireworksMain Street next to Taco Bell Acme Discount FireworksLot South of McDonalds Acme Discount FireworksTeton Lanes Bowling Alley Dino-Mite FireworksGrease Monkey or Valley River Drive Nyle made a motion to approve the fireworks stands, seconded by Kay. All voted aye, none opposed. RE: SIDEWALK OBSTRUCTIONS TOPIC: (23,268,,,SIDEWALKS,SIDEWALK ORDINANCE) Pictures taken by John Hiner, a City employee, were given to each Council Member showing sidewalk obstructions. John Millar discussed these items, mail boxes are the worst culprit, benches, power poles, telephone boxes, transformers and a number of other things are blocking the City sidewalks. Discussion was on mail boxes, subdivisions, Post Office, central mailboxes, the lack of 5' landscape strip where the obstructions are occurring. It is proposed that by ordinance or resolution a program be developed that will require residents to provide 4-5' of open walkable, unimpeded space around the mail boxes either by widening the sidewalks with pavers, concrete, asphalt or blacktop or move the mail boxes nearer their driveway or turn them parallel to the street. We also propose that residents be reasonable with the size of their mailbox. After discussion on the matter Nyle made a motion that all properties must provide a minimum 4' unimpeded pedestrian way across the length of the property where sidewalks exist. The motion was seconded by Kay. Voting was as follows: AyeNay GlenMarsha Nyle Kay Donna RE: WATER SHOP PROJECT TOPIC: (23,268,,,WATER SHOP,WATER DEPARTMENT) John reported that the water shop is under construction, completion date is the end of August. RE: NORTH HIGHWAY PROJECT TOPIC: (23,268,,,NORTH HIGHWAY,SALEM HIGHWAY,ARTCO) North Highway project is under design and should be let for bid in about 3 weeks. There have been some problems in coordinating handling the ditch on the west side. We are looking now at possibly putting curb and gutter on part of the west side to segregate the roadway from the ditch.. It is close enough that it became necessary to either move the ditch, pipe the ditch or 7 define the roadway. Curb and gutter is the least expensive. There will be a turn lane at Cemetery Road. RE: CITY HALL REMODEL TOPIC: (23,269,,,CITY HALL) The remodel project at City Hall is nearly complete, there are just a few minor items left including larger lights behind the Council seats. RE: BUDGET TOPIC: (23,269,,,BUDGET) All the departments have been interviewed with respect to the budget. A budget date needs to be set and Richard has suggested the possibility of going through the summary only and not spending 3 or 4 hours as in the past going through each item. The Council will be provided with the same department listings. The budget hearing will be set for July 5. Richard mentioned that perhaps it is not efficient or effective to have the Council go through each bill for the departments and that it might be better to just provide them with the summary of accounts payable. After discussion it was determined to add the description of the checks to the summary and try reviewing the summary only for the next couple of meetings. Richard proposed that next year we visit a two-year budget process rather than doing a new budget every year. This process forces you to look long term then limit to very minor changes. Glen felt that all these budget changes are getting them far away from where they should be. Richard stated that on the on-years you work on the numbers and on the off-years you go through the planning portion and do some real capital planning. This is a mute point until next year, but needs some consideration. RE: PARKING ON BIKE PATHS TOPIC: (23,269,,,BIKE PATHS) Marsha has had some calls stating that the jogging path going around the Stake Center is being blocked by parked cars. Could these owners be given a warning. When the grant was obtained for the jogging path a portion of it was used to purchase the land along the property line of Keith Larsen. They were questioning if the jogging path will go back in since it has been torn up for the Evergreen Subdivision. When the trenches in that subdivision are complete the jogging path will be replaced. RE: WEED MOWING TOPIC: (23,269,,,WEEDS,WEED MOWING) There were several complaints about the weeds around town. Weed mowing has just begun on the properties. It was suggested that Community Services is always willing to go down Main Street and take care of weed problems if they are given a list. RE: SKATE PARK 8 TOPIC: (23,270,,,MADISON COUNTY,SKATE PARK,NATURE PARK) The Mayor and Paul approached the County to discuss the shortfall of funds with the Skate Park. The County was more than agreeable to stockpile gravel for the City to help cover the shortfall of funds. Discussion or lack of discussion of the soccer fields at the Nature Park and the sale of the water nd shed on 2 East were discussed. RE: DANCE FESTIVAL TOPIC: (23,270,,,DANCE FESTIVAL,MAYOR) The Mayor’s Reception for the International Dance Festival which will be held Saturday, July 29, was discussed. Nyle made a motion that Kay be Chairman of the Mayor’s Reception, motion was seconded by Marsha and all voted aye, none opposed. Marsha felt that for the Mayor’s Reception or other events where citizens are to be greeted it would be more hospitable if the Mayor and Council were identified with name tags. It was requested that Marilyn order name tags. There is a new sign going up at the Idaho Falls Airport advertising the City of Rexburg. RE: TRANSPORTATION COMMITTEE TOPIC: (23,270,,,TRANSPORTATION,HIGHWAY 33,SALEM HIGHWAY, MADISON COUNTY,SUGAR CITY) Donna reported on the Transportation Committee. She asked about a letter to be signed by Sugar City, Madison County, and the City of Rexburg concerning the Highway 33 re-designation. John and Dick Dyer will do the letter but feel the North Highway project should be done before getting the Highway Department involved. RE: ADDRESSING COMMITTEE TOPIC: (23,270,,,MADISON COUNTY,ADDRESSES) John asked the Mayor to designate someone to be on the addressing committee which is being coordinated between the City and the County. Craig will work with John and no one else was assigned at this time. Nyle moved to adjourn to Executive Session for personnel matters, seconded by Glen. All voted aye, none opposed. Reconvened. RE: RECREATION DIRECTOR TOPIC: (23,270,,,RECREATION,BOWMAN*JACK,SALARY RANGE) Donna made a motion to pay the Recreation Director, Jack Bowman, $24,000/annually, with $20,000 coming out of the Recreation Budget and $4,000 from the Street Budget making him available two months of the year to help in the Street Department. The wages will be on a salary so he receives the same amount every month and will be retroactive. Glen seconded the motion, all voted aye, none opposed. 9 RE: BUSINESS LICENSE ISSUE TOPIC: (23,271,,,BUSINESS LICENSES,FEES) Stephen explained the present problem with the Business Licenses. Attorneys and doctors have been exempt, there are accounting firms that have them, there are accounting firms that do not have them, some engineering firms do and some that do not. This ordinance needs to be revisited to determine who will and who will not be charged a business license fee. The Council was ask to give thought to this problem and what, if any, business should be exempt from business licenses for another meeting. Glen made a motion to approve the bills, seconded by Kay, all voted aye, none opposed. Kay made a motion to adjourn, seconded by Donna, all voted aye, none opposed. 10