HomeMy WebLinkAbout2000.09.20 CITY COUNCIL MINUTES
DATE: (092000)
MINUTES OF THE CITY COUNCIL MEETING
September 20, 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
Paul Pugmire (Later)
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 introduced the scouts and had the several in attendance give their name and troop.
Marsha made a motion to approve the minutes, seconded by Kay. All vote aye, none opposed.
RE: PUBLIC HEARING FOR AMENDED 2000 BUDGET
TOPIC: (24,6,ORD,834,BUDGET,ORDINANCES)
The Mayor read Ordinance No. 834 amending the 2000 budget.
Glen made a motion to suspend the rules, seconded by Kay. Voting as follows:
Kay AyeGlenAye
NyleAyeDonnaAye
MarshaAye
Nyle made a motion to pass Ordinance 834, motion seconded by Glen. Voting as follows:
KayAyeGlenAye
NyleAyeDonnaAye
MarshaAye
RE: MAIN STREET PARKING
TOPIC: (24,6,,,MAIN STREET,POLICE DEPARTMENT)
Glen reported attending a meeting with the Police Department concerning the traffic on Main
Street. They would appreciate having suggestions from the Council to help them on weekends
with particular problems of kids sitting on the tailgates of pick ups. When ticketed they just
move down to another spot. He suggested the Council go out one night on a weekend, take a
look to see what goes on, then discuss this matter.
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RE: SAND VS CINDERS
TOPIC: (24,7,,,SANDING,CINDERS,STREETS)
John quoted prices on cinders at $5.95/cubic yard, sand at $7-8.00/cubic yard. He does have a
bid from Zollingers for sand material that is basically a crusher, screening, reject material at $5.85.
Eventhough this sand is $0.10 less than cinders he believes they will spend far more than that
working with this material, it is dirty and dusty. Discussion of sand vs cinders.
Paul made a motion to purchase sand. Because of a lack of a second the motion died. Nyle made
a motion to purchase cinders, Glen seconded motion, voting as follows:
MarshaAyeGlenAye
NyleAyeDonnaAye
KayAyePaulNay
RE: PUBLIC HEARING ON PARKING ORDINANCE
TOPIC: (24,7,,,PARKING ORDINANCE,PARKING,PARKING SPACES,APARTMENTS)
Stephen read the Notice of Public Hearing for amending the current parking ordinance portion of
the Planning & Zoning Ordinance to reflect the following:
Single Family Dwellings 2.5 spaces per unit
Multi-Family Dwellings2.5 spaces per unit
Student Housing1.2 spaces per student
Multi-Family Dwellings for the elderly.7 spaces per unit plus maximum staff
Nursing Homes.25 spaces per bed plus maximum staff
Motels/Hotels1 parking space per sleeping room with
10% accommodation for 40' vehicles
Mayor opened the hearing for public comment.
Keith Romney - Salt Lake City
Keith described his background as a builder/developer in the Utah area. He has been impressed
with the good living environment in this area and has acquired a parcel of ground south of Ricks
College for the purpose of an apartment complex. He showed a comparison chart of a building
complex and the parking at the requirements of .7, 1 and 1.2, and explained his concerns. He
feels that 1.2 spaces is excessive and suggests, if the ordinance needs to be raised that 1 space
would be sufficient.
There was discussion concerning the parking requirements at BYU in Provo.
Keith Nellesen - Provo, Utah
Keith stated they own a complex in Rexburg and are in the process of building another apartment
complex and had just purchased another ½ acre for this complex. With the parking ordinance set
at 1.2 it makes it difficult to be able to afford to build. He feels the problem with parking does
not come from those complexes under the .7 requirement but from the older ones under the .4
requirement. The new ordinance will not effect those properties around the school where the
problem exists, only those further away.
He discussed the economics in this area and the way Ricks College handles things are different
here than anywhere else. Discussion on various established apartment complexes and their
parking.
Ted Whyte - 610 Taurus
Since the announcement by Ricks College, ground around the city has nearly doubled, he feels
that this and the increased number of parking spaces being required will inhibit any further
development in the City. He feels a huge burden is being passed on not only to the developer but
to the parents and students with the increased property values and the increased parking
requirements. The 1.2 requirement is a slight overkill and a 1 space would soften the problem
somewhat.
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David Allen - Rexburg, Idaho
nd
He owns apartment property on 2 South, his parking is at .35 and he admits he is the chief
offender in front of the Spori building. He feels he can correct that by making changes and limit
those who live in his complex from bringing cars. His main question was concerning the
grandfather clause which Stephen explained to him, in that the City cannot increase the level of
responsibility for his property without compensating or showing there is a public health issue
involved.
Mr. Allen feels that 1.2 space requirement is steep. There has been a comment about plowing but
he stated the City does not plow the parking lot.
Stephen stated that it is his office and the Police Department that take the abuse over the parking
tickets. The kids living where there is inadequate parking do get pushed out onto the streets, they
are towed, with a guess of 40-50 cars per year to the tune of $40.00 per car, because their
landlords did not provide adequate parking space. He feels that there is an additional 100-150
phone calls from students upset that they have received a parking ticket. Ticketing does not begin
until November 1. He commented that the .4 compared to the .7 might be something that bears
study and conclude where the offenders are from. Somerset in the past made the students
contractually obligate not to bring cars and this method did not work.
Discussion concerning moratorium, adequate studies, adding a requirement for snow storage, and
concern over new requirements and those properties already in the process of being constructed.
Stephen stated that the Nellesen project has gone beyond a point with architectural drawings and
work that we could not require the 1.2 parking requirements. They have taken substantial steps
under the .7. Mr. Romney has not submitted documentation in order for us to know at what point
he is and would probably be caught with the new requirement.
Alternatives were discussed with regards to a moratorium, surveys with regard to using the
landscaping effectively for snow storage and surveys showing where the offending units are.
Kay made a motion to change the student parking requirement to 1 space per student with the
direction to the City staff that a study be performed during the winter months to achieve some
numbers and this issue be revisited at a later time, making parking requirements as follows:
Single Family Dwellings 2.5 spaces per unit
Multi-Family Dwellings2.5 spaces per unit
Student Housing1 space per student
Multi-Family Dwellings for the elderly.7 spaces per unit plus maximum staff
Nursing Homes.25 spaces per bed plus maximum staff
Motels/Hotels1 parking space per sleeping room with
10% accommodation for 40' vehicles
Donna seconded the motion. All voted aye, none opposed.
RE: PUBLIC HEARING FOR KEITH NELLESEN
TOPIC: (24,8,,,PUBLIC HEARINGS,C.B.D.,H.D.R.,M.D.R.,ZONE CHANGES,
ST
1 WEST,APARTMENTS)
John reviewed the property in question and the request for a change of zoning. There is one
parcel currently zoned CBD being requested to be zoned HDR, and a single lot that is zoned
MDR with request to change to HDR.
Keith commented that this property will be cleaned up, the alley way will be cleaned and it will
basically help a bad situation in the middle of this block.
Glen questioned if Planning & Zoning had given consideration and discussion to zone changes
changing land from business districts to be used for residential. If all the business district land is
used for apartments it leaves nothing for new businesses that would like to come into town. He
would like to see these changes have more consideration.
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The public hearing was open, there was no public comment, public hearing was closed.
Nyle made a motion the Council follow Planning & Zoning recommendation and approve the
zone change as requested. Donna seconded motion. All voted aye, none opposed.
RE: PUBLIC HEARING FOR LDS CHURCH ANNEXATION
TOPIC: (24,9,,,PUBLIC HEARINGS, LDS CHURCH,ANNEXATIONS,1000 SOUTH)
John reviewed the property in question which is approximately a 700 square foot parcel located at
1545 West 1000 South. The property is contiguous to the City limits and Planning & Zoning had
a significant discussion about approaching the residents in the area for annexing that entire area
which subdivision sits north and west of the Stake Center. Some of the residents in that area are
interested in being connected to city services and asked that John prepare some cost estimates.
This current request is strictly for the LDS Church owned property.
Public hearing was open, there was no public comment and the hearing was closed.
Glen moved to approve the recommendation of Planning & Zoning and annex the property owned
by the LDS Church. Nyle seconded motion, all voted aye, none opposed.
RE: WATER RIGHTS ADJUDICATION
TOPIC: (24,9,,,WATER,WATER RIGHTS)
Ray Rigby presented a detailed report on the claims for water rights in adjudication for the City of
Rexburg. There have been 3 means of getting water, the first was where the old mill was, the
next is the city ditch and the other through the Rexburg Irrigation Canal. He stated that Gene
Palmer had been a great source of information and help in this research.
His main purpose tonight is to get everyone involved in an effort to use the allocated water.
There is a tremendous water level in the City of Rexburg and we need to hang on to it. He
believes there are 13-1/2 shares in Rexburg Irrigation and 10 shares in Teton Island. Those two
companies also have storage rights. He was amazed at the number of wells, some by usage and
others are licensed. He believes there are 2 decreed rights for 1350 and 1650 issues of water.
There are also 12 wells, and possibly 14.
Ray admonished that the City should be cautious as to who deals with the water rights and be
united in our efforts because these are good water rights. Discussion on ways to protect the
water rights. Motion was made by Nyle that the Mayor and Stephen would work with Ray Rigby
in an effort to protect these water rights. Motion was seconded by Glen, all voted aye, none
opposed.
RE: STEVE BISCHOFF REQUEST FOR CITY SERVICES
TOPIC: (24,9,,,BISCHOFF*STEVE,IMPACT ZONE,ANNEXATIONS,ARTCO,
SEWER AND WATER)
Steve Bischoff was present to renew his request for city services for his Ideal Auto property in the
impact zone. Discussion on the resolution passed that city services would not be extended
outside the City limits, the hardship of not extending the services, the problem of extending
services, the problem of annexations with the State and the possibility of annexation. After
extended discussion it was concluded that Steve might approach Sugar City with the possibility of
hooking to their line or visiting with adjacent businesses with regards to annexation.
RE: ADMINISTRATIVE SERVICES FOR RLF FUND
TOPIC: (24,10,,,E.C.I.P.D.A.,REVOLVING LOAN FUND,ADMINISTRATIVE SERVICES)
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Dave Ogden from ECIPDA appeared on behalf of the RLF fund and the administration for the
upcoming year. Glen and Kay declared a possible conflict of interest. Dave distributed a chart
showing the money that had been spent for the 11 months in the current contract year. The
existing contract was cost plus $600.00 not to exceed $6,000. There is one month remaining and
the cost is $3,080.70. Dave reviewed the status of each pending loan, Jenkins & Woolf, Rexburg
Redevelopment Agency, Madison County Seniors, and S&S Investments.
Dave is requesting renewal of the RLF contract for another year. Nyle made a motion to renew
the contract with ECIPDA for another year at cost plus $600.00 not to exceed $6,000.00. Kay
seconded the motion, all voted aye, none opposed.
RE: FALL CLEAN UP
TOPIC: (24,10,,,FALL CLEAN UP)
The fall clean-up schedule was discussed. It was determined to begin now and go to November 6,
which would give time to clean up the fall leaves. John reported that all the leaves will be going
to Bear World for bedding for the bears. The City purchased a chipper/shredder
for $2500.00.
Marsha questioned if the concrete barrier located at Les Schwab protecting the power pole could
be moved slightly for better access on the sidewalk. She also commented that the bike path
around the corner at the Stake Center needs to be repainted.
RE: IMPACT FEES
TOPIC: (24,10,,,IMPACT FEES)
Richard reviewed the proposed cost study for impact fees he had received from Hofmann
Planning. The land use survey and build out analysis is something that needs to be done even
without the impact fees. Richard feels strongly about moving forward with this because of the
revenues that would be coming in. Discussion concerning the cost of $45,000 and where in the
budget it would come from, the need for other proposals since the cost is over $25,000, the
possibility of doing part of the study in-house. Nyle felt he was not comfortable enough to pass
on this and it was suggested that Richard obtain studies done in other cities and see what they had
received for the money.
Glen made a motion to table the Impact Fee issue for further study, motion was seconded by
Nyle. All voted aye, none opposed.
Nyle made a motion to pay the bills, seconded by Glen. All voted aye, none opposed.
RE: SENIOR CITIZENS CENTER
TOPIC: (24,10,,,SENIOR CITIZENS CENTER,GARBAGE CONTAINERS)
The Mayor relayed information received from the Senior Citizens concerning their 300 gallon
garbage container that is broken and has lost the wheels. They would like to have this replaced.
The City replaces 90 gallon ones but the 300 gallon containers are approximately $400.00. It was
decided to replace the old container.
RE: REFINISHING TENNIS COURTS
TOPIC: (24,10,,,RICKS COLLEGE,TENNIS COURTS,PORTER PARK,SMITH PARK)
John and the Mayor met with a contractor that is refinishing the tennis courts for Ricks College.
The price to refinish the Porter Park court was $8,000 and $8,600 on the Smith Park court. They
will basically strip off the loose surface, fill the cracks and reseal giving an extended life span of 7
more years to the courts. Another bid has been received for approximately $21,000 and John will
obtain one other bid.
Nyle made a motion to approve the money to refinish the tennis courts. Motion was seconded by
Donna, all approved, none opposed.
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John reported progress on the treatment plant and the north highway project. The highway
project will be on schedule and should be complete by October 31. There has been a lot of
interest in people wanting a turn lane at Cemetery Road, the property owners are being worked
with to see if this can be accomplished.
There was some discussion about the Melaleuca project on Main Street, the parking spaces and
the landscaping.
Donna moved to adjourn the meeting. Motion was seconded by Paul, all approved, none
opposed.
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