HomeMy WebLinkAbout2002.06.05 CITY COUNCIL MINUTES
MINUTES OF THE CITY COUNCIL
June 5, 2002
7:30 P.M.
STATE OF IDAHO, )
County of Madison ) SS.
City of Rexburg )
Present were the following:
Mayor:
Council Members:
Shawn Larsen
Marsha Bjornn
Donna Benfield
Paul Pugmire
Nyle Fullmer
Excused:Mayor Bruce Sutherland
Glen Pond
City Clerk:Blair D. Kay
Finance Officer:Richard Horner
PFC:John Millar
City Attorney:Stephen Zollinger
The Mayor and Council Member Pond were excused. Councilman Nyle Fullmer conducted.
Pledge of allegiance.
Councilman Fullmer welcomed the Scouts from Troop 53.
Non-controversial Items:
Mr. Tom Kennelly reviewed the Idaho Heritage City program and how the City could meet the
criteria. He discussed the need for a Preservation Ordinance as a minimum for Rexburg to be
designated as an Idaho Heritage City. Marsha provided an example ordinance to the Council for
their review.
Fire Works Permits
- The businesses requesting fire works permits were read. Shawn made a
motion to approve the fire works permits. The motion was seconded by Marsha.
Discussion: Staff has verified that the permits have meet the established criteria.
The motion carried.
Nyle called for a vote. All voted aye, Non opposed.
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New Business :
Public Hearing for a Zone Change from MDR to HBD- Stones Town & Country
Nyle requested public comments. None were given. Public comment was closed.
Council discussed the zone change. Paul made a motion to approve the recommendation from
P&Z to approve the zone change from MDR to HBD. The motion was seconded by Marsha.
The motion carried.
All voted aye, none opposed.
Approval of Minutes
:
Shawn made a motion to approve the minutes from May 15, 2002. Donna seconded the motion.
The motion carried.
All voted aye, Non opposed.
Committee Reports
The Arts Commission Report - Marsha reviewed public art programs in other cities. She was
requesting that +/-1% of capital improvements be given to public art. This subject was deferred
until the next work meeting. Paul noted his appreciation for Marsha’s effort in working on this
program and noted the City of Coeur D lene’s success with a similar program.
Public Hearing - Land Exchange - Keith Zollinger & City of Rexburg
Steve stepped down as legal council due to a conflict with this request.
Chip Stanley stepped in to represent the City for legal council. John Millar indicated that the City
requested Chip to represent them in this matter.
Steve Zollinger - 77 Engleman - represented Keith Zollinger for this request. Gringos and
Zollingers are seeking this land exchange to enhance parking and green scape in the down town
area. They are proposing to build a combined enclosed garbage collection area. Steve noted that
this is only a proposal. The City may want to combine parking in this area with Mom’s Candy
Kitchen parking.
Ray Mickelsen - 15 Michele, Sugar City - represented Gringos - They are seeking a new
restaurant to serve down town Rexburg.
Steve - Indicated the construction would take about 110 days.
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Brian Manwaring - Represented Mom’s Candy Kitchen and showed some slides of Mom’s Candy
Kitchen business with Gringos business. Brian’s photos showed the view of the area that would
be exposed with the demolition of Gringos. Brian demonstrated that the view from the proposed
parking lot would show all of the old buildings and power lines in the alley. Brian feels that this
proposal will not allow Mom’s Candy Kitchen to expand in the future.
Jim Morris - 60 N Millhollow - He owns property across the street and indicated the parking lot
improvements were paid by the business merchants in the improvement zone. Jim’s parking lot is
congested with student cars, buses and customers from other businesses. Jim is not in favor of
the land swap.
Nyle closed the hearing to public comments.
Steve made additional comments about moving Gringos out of the area instead of building a new
building on the present site.
Shawn reviewed the comments on the number of parking stalls proposed. There was discussion
on the street and parking lot lighting.
Donna - Discussed the windows that are proposed in the new building if constructed on the same
site.
Steve - Discussed the reasons for moving the building to the new site which included tall growth
trees and greenery.
Discussion on the old building and parking lot and it’s future possibilities.
There was further discussion on the area being closed for construction and the impact it would
have on the local businesses.
Jim Morris - Discussed the parking issues if the City took control of the parking.
Marsha asked Jim how the business owners paid for the parking lots. Jim indicated that it was
done by Business Improvement Districts within impact zones. Discussion on when the
construction would start and be completed.
Marsha made a motion to table the issue until the two parties could explore a compromise
proposal agreeable to Mom’s Candy Kitchen. Paul seconded the motion. All voted aye, None
The motion carried.
opposed.
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Public Hearing for LID 32 for the City of Rexburg
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John Millar - Represented the City of Rexburg and presented the proposed LID 32.
Property types:Type 1 - Sale of property to install/replace sidewalks
Type 2 - Street reconstruction
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Type 3 - Streets that have never been paved (i.e.- 6 South)
The proposed areas for LID 32:
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Area #1 - Block on 1 South from 2 West to 1 West for curb and gutter replacement.
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Area #2 - Block on 3 North from 2 West to 3 West under reconstruction
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Area #3 - Block on 2 West from 2 North to 3 North needs reconstruction
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Area #4 - Block on 2 North from Center Street to 2 West needs reconstruction
Area #5 - The entire length of Rolling Hills Drive needs reconstruction
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Area #6 - Block on 2 South and Mohawk needs curb, gutter and side walk replacement
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Area #7 - 6 South
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Public Comment - Area #1 -
1 South from 2 West to 1 South
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Mrs. Verna Gneiting - 130 West 1 South - Opposed LID 32 in this area because the City has
made the area a commercial area with re-zoning. The homes are being sold for commercial
development.
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Mr. James Parkinson - 144 West 1 South - Opposed LID 32 until the area can be developed with
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commercial business. He suggested deferring LID 32 for a year on 1 South.
Mr. LaVar Withers - 335 Yale Ave - Requested information on the extent of the LID project.
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Mr. Warren More - 110 West 1 South - Opposed LID 32 because they have sold the home to an
84 year old lady who can’t pay the fee.
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Mrs. Kerry Monson - 123 West 1 South - Opposed LID 32 because of the cost of replacing her
portion of the LID.
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Mrs. Verna Gneiting - 130 West 1 South - Additionally commented that they have their property
up for sale. She requested a delay on this LID 32 until the community can sell their properties for
future development.
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Public Comment - Area #2 -
3 North from 2 West to 3 West
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Mr. Benjamin Hansen - 309 North 2 West - Recently purchased his home and is opposed to a
sidewalk on the East side of his property where there is not a paved street. He does agree for the
need for a sidewalk on the South side of the property.
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Public Comment - Area #3 -
2 West from 2 North to 3 North
No public comment
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Public Comment - Area #4 -
2 North from Center Street to 2 West
No public comment
Marsha discussed areas without current sidewalks.
Public Comment - Area #5
- The entire length of Rolling Hills Drive
Rod Keller - 518 Rolling Hills Drive - Opposed the LID 32 because the sidewalks are in good
condition. He suggested that other areas are in worse condition.
Mr. Dale Zitting - 535 Rolling Hills Drive - Opposed the LID 32 and asked why his property
needed the new sidewalks. John indicated that the area is in a reconstruction area. The corner
portion will have to be ADA accessible.
Mr. John Thomas - 508 Rolling Hills Drive - Opposed to total replacement of good concrete and
requested information on the language of the Ordinance.
Discussion on partial or total replacement. Deferred this request to City Engineering.
Mrs. Maria Thomas - 508 Rolling Hills Drive - Opposed the LID 32 and indicated concerns about
replacing the sidewalk when it appears to be a curb problem.
John Millar discussed curb and sidewalk replacement. There was discussion on replacing street,
curb, and sidewalk at the same time or on an ‘as needed basis’.
Mr. Kent Wasden - 501 Rolling Hills Drive - Requested budget and street cost information.
There was discussion on how each area was picked for replacement. John discussed the
assessments for replacing curb and gutter and the ground conditions found when replacing past
sidewalks.
Mrs. Sally Smith - 460 Rolling Hills Drive - Requested targeting areas without sidewalks first.
John mentioned that bonds are sold to finance the LID projects and they are bid to obtain the
lowest cost and repaid over a 10 years period.
Discussion on deferring the LID 32 project on Rolling Hills Drive for 2 or 3 years.
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Public Comment - Area #6 - 2 South
from2 East and 1 East
None
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Public Comment - Area #6A -
Mohawk Ave
John - Mohawk street has recently been reconstructed.
Mr. Boyd Withers - Opposed LID 32 and provided pictures to the Council. (If it is not broke,
don’t fix it).
Keith Davidson, Assistant City Engineer - indicated that those driveways that were installed by
cutting the back off the curb and overlaying the driveway on top of the curb are targeted for
replacement. Keith thought the curb only could be replaced with a saw cut.
Mr. LaVar Withers said that the grade level is fine and only cracks are there now.
Mrs. Judy Hood - 237 Mohawk - Opposed to LID 32 and requested information on why her
location was targeted for curb replacement. John indicated that 30 feet of curb and gutter needed
replaced. Keith will review the location again to clarify the assessment.
Mrs. Jan Barns - 269 Mohawk - She asked how the replacements would be done. Keith discussed
saw cut verses total replacement. She asked what material would be placed under the sidewalks
for support. Keith indicated that 12 inches of granular support would be required with grades in
excess of 1%.
Shawn and John discussed the practice of taking the back off the curb to pour driveways in the
past. This practice is not allowed with current City policies. Nyle indicated that this LID is an
opportunity for property owners to correct problems with sidewalks and curb and gutter.
Steve recommend residences check with staff before a bid is taken on LID 32 if they plan on
getting their own work done on a separate contract.
Mr. Van Elg - 240 Mohawk - Opposed to LID 32
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Public Comment - Area #7 - 6 South
(Accross from Stones Mobile Home Park)
John reviewed the locations for the assessments.
Mr. Keith Robertson - 610 Vallinda Lane - Presented information to take him off LID 32.
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Mr. Budge Clay - 437 West 6 South - Opposed to LID 32. He discussed the history of the
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street on 6 South. His street is a dead end street. He raised questions on why LID 32 is needed
on his street. He discussed the history of property ownership in the area.
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Mr. Gene Clements - 436 West 6 South - Opposed to LID 32 and questioned the need for a
bridge over the canal. Gene requested stopping the pavement after it reaches Vallinda Lane until
the canal bridge is in place.
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Mrs. Carol Scott - 415 W 6 South - Opposed to LID 32 and requested that the pavement end at
Vallinda Lane.
Discussion on the canal and its use for irrigation.
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Public Comment - Single property South 5 West
Mr. Kay Burton - Afton Wyoming - Opposed to LID 32 - He discussed past City meetings on
property he is trying to develop. His letter indicates he is only responsible for the sidewalk for his
area. Mrs. Burton asked about the ditches in the area. His assessment was very high and it
amounted to about 10% of the purchase price of their property. John Millar recommended
deferring this area of the LID 32 until the area is developed.
The hearing was recessed for 10 minutes.
Nyle Closed Public Comment on LID 32
Discussion on the options for the Council to amend the Ordinance for undeveloped areas.
Nyle requested that the staff revisit the issues. Paul would not support suspending the rules.
Steve - Discussed the options to amend the LID 32 inventory.
Paul moved to read the proposed Ordinance 870, creating LID 32 (the first reading).
Donna seconded the motion to read Ordinance 870. Discussion - this will start the clock on the
process to create Ordinance 870.
The motion carried
Nyle called for a vote. All voted aye, Non opposed.
Shawn asked if staff could provide a list of properties in question to the Council. John will review
the properties and provide additional information to the Council concerning the properties in
question.
Discussion on the process of implementing the LID. John discussed the need to protect the street
without doing cosmetic fixes.
Marsha complimented Keith Davidson for his work on this LID 32 project.
Nyle reconvened the Public Comment on LID 32.
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Public Comment -
Justin Garner - 451 East 1 North - Opposed to LID 32 which would take 12
feet out of his property. He included pictures of his area. He proposes to place the sidewalk on
the curb. The 7 foot set back would cause the cross walk to go at an angle. Appearance and
safety are his biggest concerns. The intersection at his location has had numerous accidents.
Discussion concerning snow removal on a sidewalk located against the curb. Some residents own
the property and place their sidewalks out against the curb. In these cases the City does not own
right of way at that location.
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Mr. John Zirker - 415 E 1 North - Opposed to LID 32 - Proposed to set the sidewalk out to the
curb. The 7 foot set back on his property would place the fire hydrant in the middle of his
sidewalk. He mentioned that the snow plows take out sprinkler heads each year. Half the City
has sidewalks at the curb and half are on setbacks of 7, 15 or 17 feet. He determined that it was
his option to locate the sidewalk at the curb or at a 7 foot setback. He decided to plant trees in
the 7 foot setback area and have the sidewalk at the curb.
Public Hearing was Closed
Discussion on the 7 foot set back and new developments in the area. Ordinance 802 was
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reviewed concerning the location of sidewalks. Discussion on amending LID 32 for the 2
reading. Steve indicated that the 7 foot setback was for pedestrian safety. Snow plowed from the
roads encumbers the sidewalks located at the curb causing pedestrians to walk on the street.
Band Permit requests for Smith Park Gazebo
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Ms. Cindy McCuiston - 711 Nina Dr. -
September 27, 2002 (Music 7:00 pm to10:00 pm)
Private parties do not require a permit if the music is off at 10:00 pm.
University of Idaho Rural Economic Development - Lance Brower
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LanceExtension educator presented information on rural sustainability. Rexburg is a very
unique community. He proposed to do an economic linkage study which measures money flow in
and out of the community. Population changes will be measured in his study. The study will
measure economic losses to out of town purchases.
The Council discussed the proposal for an additional study to address the management of growth.
The opinion of the Council was to review Mr. Brower’s studies of other Idaho cities and counties
before making a decision.
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Preliminary Subdivision Plat Review - 528 South 1500 West - Mark Andrews Addition
Brian Cunningham - 1020 Lincoln Rd, Idaho Falls - represents the developer Mark Andrews.
John reviewed the plat on the overhead screen and indicated that P& Z recommended approval of
this plat with 10 lots. They changed the radius of the cul-de-sac to 57 feet to meet P&Z approval.
Shawn made a motion to approve the preliminary plat for the Mark Andrews Addition. Donna
seconded the motion. Discussion on the motion. All voted aye, none opposed.
The Motion carried.
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Final Plat Review Englewood Subdivision - 7 South - 4 East - Ted Whyte
Brian Cunningham - 1020 Lincoln Rd, Idaho Falls represented the developer
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John reviewed the plat on the overhead screenP& Z recommended approval.
Discussion on the future phases - It will be done in one phase. Staff has reviewed
and approved the final plat. Paul made a motion to approve the final subdivision plat
for Englewood Subdivision. Marsha seconded the motion. All voted aye, None opposed.
The motion carried
.
Old Business
1500 West - Neighbors concerned with the Road Name
Russ Van Allen - 952 South 1560 West - Proposed the name of 1500 West be named
Pioneer Road to honor the settlers of the Valley. Russ presented a letter to the Council.
John displayed a map of the road on the overhead screen. Discussion concerning the
reason for the name Pioneer Road. Shawn made a motion to name 1500 West,
Pioneer Road. Marsha seconded the motion. Discussion concerning the Council
The motion carried
naming roads. All voted Aye, None opposed. .
Final Plat Review Oakbrook Subdivision - (Weststates) - Stan Rowlan
John reviewed an overhead plat on the screen. John indicated that P&Z recommended
approval of the final plat for Oakbrook Subdivision. Paul made a motion to approve the
final Subdivision Plat for Oakbrook Subdivision. Shawn seconded the motion.
The motion carried
All voted aye, None opposed. .
Impact Fee Study - Withdrawn from the agenda
Committee reports
Establishing a Recreation Committee
: Discussion from the Council concerning who
would sit on the committee. Paul - The Parks Superintendent and the Recreation Director
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would be ex-officio(by virtue of office or position) members. They would not be allowed
to vote. Paul recommended one half the members be appointed to two year terms and the
remaining members would be appointed to four year terms. This would allow a customary
rotation of the committee. Other City Committees were discussed.
Discussion on a City Art Policy
Transportation Committee meeting announcement: June 18, 2002
- The meeting will begin at
7:00 P.M. and will be located at Madison County Commissioners Room. This meeting will be an
informational public meeting with the Idaho Transportation Department. They will be discussing
the proposed plans for Hwy 20 interchanges. The designs for the interchanges can be looked at
the following website:
http://projects.ch2m.com/us20interchanges/projdescr_alts/projdescr_alts.htm
Shawn - P&Z PBS video on urban sprawl recommended $285.00 to purchase the video and
$85.00 to rent the video. Council instructed staff to purchase the video. Shawn Larsen made a
motion to purchase the video. Paul seconded the motion. All voted aye, None opposed.
The motion carried
. Update: The video purchase price was negotiated down to $65.00 by
Shawn for the City.
Update on Projects
:
Four basketball backboards that were donated to the City by the KIWANIS club are being
installed in Smith and Porter Parks.
Approval of Bills
: Paul made a motion to approve the bills. Donna seconded the motion.
The motion carried.
All voted Aye, None opposed.
John Millar - Discussed the need for a change to the Ordinance 708 containing the radius for a
cul-de-sac. Ordinance 708 reads ‘at least (50) feet’. John requested a Resolution to change the
radius for cul-de-sacs from a 50 foot radius to 57 foot radius.
Donna made a motion to create an interim Resolution to change the cul-de-sac radius from 50
.
feet to 57 feet. Marsha seconded the motion, All voted aye, None opposed
The motion carried
.
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Update on Projects
- (Cont.)
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John Millar reviewed a project to improve the rail road crossing on 1 North. The contract has
been awarded. The area across from BMC West has been improved with new curb and gutter.
Adjourned at 12:15 am 05-07-2002
It was for a Pawn & Gun Shop.
___________________________________
Nyle Fullmer - Council Member
_____________________________________
Blair D. Kay, City Clerk
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