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HomeMy WebLinkAbout2001.01.03 CITY COUNCIL MINUTES MINUTES OF THE CITY COUNCIL MEETING January 3, 2001 7:00 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 Nyle Fullmer Marsha Bjornn Glen Pond Donna Benfield City Clerk:Marilyn Hansen Finance Officer:Richard Horner City Attorney:Stephen Zollinger Excused:John Millar Pledge to the flag. Glen made a motion to approve the minutes, seconded by Marsha. All voted aye, none opposed. Steve Oakey zone change Paul made a motion to retrieve the Steve Oakey zone change matter from the table for discussion. Motion was seconded by Glen. All voted aye, none opposed. Donna reviewed the discussion from the Planning & Zoning meeting concerning the feelings of Planning & Zoning toward this matter. After serious consideration from Planning & Zoning and the reaffirmation of their decision this matter was returned to the City Council for final decision. There was discussion among the Council concerning the neighbors, the fact that at some point this area needs to be commercial, the comprehensive plan and the decision of the Planning & Zoning Board. The Mayor opened the discussion to the public st Verna Gneiting - 130 W. 1 South The comprehensive plan does encroach on the properties of the neighbors, specifically the Moore property. She felt that her requested review of the Comprehensive Plan was ignored at the last Planning & Zoning meeting in that they were denied a voice. She is asking for time to make this change, it may happen at some time but it is not a need right now and they would like time to see what the needs are. Discussion of the encroachment on surrounding properties, the Gneiting property, etc. as well as the question of P&Z being out of order. Stephen explained the request from Ms. Gneiting was that the entire Comprehensive Plan be reviewed and that review cannot be had for six months. What was before P&Z was not her request for the Comprehensive Plan change. The issue that was before them the Council had sent back for their review concerning those issues and P&Z felt confident they did what they were asked to do and want the plan to stand. 1 st Virginia Pratt - 50 So. 1 West and Cottonwood Apartments She questioned the encroachment to the Moore and Gneiting property and it is the understanding of Mrs. Pratt that the parking lot covers the entire back and the parking lot will border that property in question, not the car wash. Paul stated this had been the most troubling zoning issue since his time on the Council. The source of the conflict is the rule of law is square and solid against the feelings of the neighborhood. He has studied this issue, has covered the neighborhood and it seems that the Council is about the rule of law and there is a law in place. This particular zoning request fits the law. There is no way to analyze this situation to where you can say this neighborhood is not commercial. He is hesitant but has a firm belief that the Council has to be about applying the rule of law in an even handed manner and this request fits the law. Paul made a motion to adopt the zone change as submitted by Planning & Zoning. Kay made a second to the motion. Voting as follows: Glen - Aye Kay - Aye Donna - Aye Paul - Aye Marsha - Aye Nyle - Nay The motion passed. Public Hearing Eaglewood Enterprises thrd This request is for a zone change at the corner of 7 South and 3 East from Medium Density to High Density. Keith Romney gave an overview and showed drawings of their proposed plans. He also owns the adjacent LDR and LDR1 property and will someday in the future develop that land. Discussion on the plans, the plans for Yale Ave., future roads, traffic, etc. Public hearing was opened. Susan Evans - 476 Yale She already has a problem with students using Yale Ave. as a speedway. There are more young families moving in and it is becoming more dangerous. She has talked with past Mayor Boyle, has called the police officers and nothing ever gets done. She feels that with this complex coming in the matter will worsen so she questioned if there will ever be a 4-way stop, more stop signs or a traffic light. She requested that something be done with this area before someone gets hurt. The Mayor assured Susan that as this project develops this will go before the Traffic and Safety Committee to maintain traffic safety and vehicular flow. He did explain the Police Department problem with trying to watch these areas as well as answer calls and being stretched thin and the expense of traffic signals. The Mayor requested that Susan call him and they would make arrangements for a meeting with the Traffic Safety Committee. th Trent Cichos - 256 E. 5 South He is interested in what the development will do to their property and he would like to know, as a citizen, what he can do to help in the process. He has young children and to only have three patrolmen is ludicrous. What can he do to increase the budget for the police force. Glen explained that all of the property tax collected by the City does not cover the police budget, so if Trent could help find solutions it would be helpful. Paul suggested there are not a lot of traffic control signs in that area and questioned if the neighbors would accept signs that would impact their driving, stopping more, slowing down. nd Richard Bennett - 316 E. 2 South 2 He lives just East of Yale Ave. and is concerned with the traffic. He sees students coming from Aspen Village, they do not slow down, just make the turn and go on. He is also concerned with a drainage problem he believes will occur when asphalt is being put in above them. This past year with the potato field, the dirt and mud was coming down and getting into the homes. He is concerned that his home is zoned residential, but later on will the property behind him be changed to married housing or other type of housing. Mr. Romney stated that with anything they would be doing, there would be a buffer of residential housing next to the existing homes. The Mayor stated that this zone change is a logical one and any more encroachment to the East would find a hard go through Planning & Zoning because it would not meet the master plan. Referring to drainage, any parking lot or street that is developed has to have sufficient drainage engineered into it to take care of the run-off. This complex should eliminate the farm drainage problem, when this is developed then there is some control. Public hearing was closed. Stephen reviewed the project and the recommendation from Planning & Zoning for the zone change to be approved. Kay wants to assure the alignment of Yale Ave. Stephen reported that the State rural extension th roadway map showed Yale going all the way through to 7 South. Our local maps do not show ththndth any extensions from 5 South to 7 South except for 2 East and 4 East. Stephen questioned if Aspen Village is legally accessing Yale Ave. from the parking lot. At one time it was disallowed and this matter needs to be addressed. Stephen reminded everyone that in spite of the pictures and traffic, these items are not relevant to a zone change. This will be taken care of at the time of the site plan approval which at that time will be appropriate to finalize any road requirements. Nyle made a motion to take the recommendation of Planning & Zoning and approve the zone change from Medium Density Residential to High Density Residential. Motion was seconded by Donna. All voted aye, none opposed. Third reading Animal Control Ordinance 841 which amends Ordinance 581. This matter is not a public hearing but the Mayor stated he would entertain any public comment. Roy Marlowe - 142 Elm He attended the last meeting, read the articles in the paper and he feels what he has to say will not make a difference but what will be will be. He discussed the extremes on both sides of this issue but he feels it is not a big issue, also the license fees and the purpose of licensing them, as well as other fees. Roy feels the fees are high, especially the $500 for dropping off an animal. There was discussion of fees with Dama Wirries and Officer Lynn Poole. For the month of December there have been approximately 50 dogs dropped off, some of them just thrown out and this creates a problem, and it being unlawful to give animals away without obtaining a permit. Officer Poole also discussed the safety issue with abandoned dogs. Paul stated a number of amendments he wanted to incorporate into this Ordinance. He feels the fine structure in the draft is out of line and excessive which are $50, $100 and $200 throughout the draft, which fines are excessive to any speeding fines. He offers an amendment throughout the draft where the number $50 would be changed to $15.00, the $100 to $25.00, and $200.00 to $35.00. 3 The next amendment is on page 5 of 16, Section VII, subsection A, “such dog to be in charge of the owner of some duly authorized and competent person........... add after that , or controlled by whistle, voice or other effective command. The next amendment is Section XX, page 13 discussing animals being dispositioned by the pound master in a humane manner, he would like to offer an additional phrase , consistent with the no-kill policy of the City. Section I on page 15 of 16, discussing the permit, he wishes to add language that would say the permit would be issued free of charge and shall include a license application for each dog which shall be returned to the Police Department for a full refund of the license fee. He is seeking to achieve to make it economically in the interest of the people to get the permits to give the dogs away, to fill out the licenses for the new owner, get them back to the Police Department and get their money back. He is not looking to make this a cost for people but to get the license and get the dogs into the database. He also suggested reducing the fine to $25.00. The permit should cost $25.00, the permit should include license applications and when the applications are completed and returned to the Police Department the cost of the permit will be refunded in full. Section II on page 15 of 16, the fine of $500.00 is excessive. We fine people $300.00 for driving drunk, he suggests this be reduced to the State allowed minimum of $100.00. Officer Poole feels the new suggested fines are in conflict with the State law. Dama read appropriate sections from the state law. Discussion concerning the fees. Stephen explained that we are not bound by the State law, the City can set the fines less than the State but it would be questionable to set the fines higher. Cruelty to animals under the State code begins at a higher threshold before you can get into the code, the City code contemplates some minor mistreatment of animals that are unwarranted but would not prove to be cruelty under the state code. As written this Ordinance gives the attorney’s office more ability to police the problem as perceived with or without the excessive fines. There is considerable success at slowing people down with a $53.00 fine, as for drunk drivers we have no control over those fines, they are set by the State. Kathy LaFollette - 106 Birch Sugar City fines are higher than what Paul recommended but lower than is presently in the ordinance. If there is a compromise she would request a look at Sugar City fines with a possible match. Eventually she hopes the goal is that all of Madison County would work together to get an animal control policy and be consistent. Glen made a motion to approve Ordinance 841 as written. Nyle made a second to the motion. Paul made a motion to substitute a motion to approve Ordinance 841 with the amendments as described. Motion died for a lack of second. Paul made a motion to table Ordinance 841. Marsha seconded the motion. Voting as follows: Paul -AyeMarsha - Aye Nyle - NayKay - Nay Donna - NayGlen - Nay Ordinance 841 was not tabled. The motion to approve Ordinance 841, with a second came to a vote as follows: 4 Nyle -AyePaul - Nay Glen - AyeMarsha - Nay Donna - Aye Kay - Aye Ordinance 841 was passed. The Mayor thanked everyone for their work on this Ordinance. Mayor Sutherland apologized for not earlier introducing Mayor Louis Christensen from the City of Driggs who was in attendance. Nyle made a motion to adjourn to Executive Session for a personnel matter. Motion was seconded by Kay. All voted in favor, none opposed. Reconvene Personnel Committee Richard reviewed the topic of carry-over vacation that was briefly touched on in the last meeting. Discussion of personnel taking vacation, the need for vacation, abuse of this opportunity, concern of doing a case by case basis and the need for doing it straight across the board. Richard recommends expanding the carryover to 80-100 hours, with the option of a cash out of 40 hours in the month of December. Kay made a motion to expand the carryover hours to 80 hours also with the option of a cash out of 40 hours in the month of December. Motion was seconded by Nyle. All voted aye, none opposed. Discussion of PERSI funds, if the excess funds belong to the taxpayer or the employee, (Glen read an article written by Dennis Lake) what the intent of the legislature was, discussion of options for use of the money to go back into the community in parks and/or sprinklers, use of money to help employees purchase computers, invest money back into the 401K plan in proportion to what the employee has distributed, the time frame for the use of this money and the use for a one-time capital expenditure. After lengthy discussion, it was determined to table this matter for further thought and discussion. Nyle made a motion to pay the bills, seconded by Kay. All voted aye, none opposed. Discussion on mail coming to City Hall being mailed to the home of the Council Members rather than hold for the next meetings. Donna would prefer her mail be sent to the Chamber Office. Glen made a motion to adjourn, seconded by Marsha. All voted aye, none opposed. _____________________________________________ Bruce Sutherland, Mayor _____________________________ Marilyn Hansen, City Clerk 5