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HomeMy WebLinkAbout2003.01.08 CITY COUNCIL MINUTES MINUTES OF THE CITY COUNCIL January 08, 2003 7:30 A.M. STATE OF IDAHO, ) County of Madison ) SS. City of Rexburg ) Present were the following: Mayor: Mayor Bruce Sutherland Council Members: Glen Pond Shawn Larsen Marsha Bjornn Paul Pugmire Donna Benfield Nyle Fullmer P&Z Administrator: Kurt Hibbert City Clerk: Blair D. Kay PFC: John Millar City Attorney: Stephen Zollinger Pledge to the Flag Consent Calendar: 1. The consent calendar includes items which require formal City Council action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items. a.Minutes from the December 18, 2002 meeting b.Approve City of Rexburg bills Marsha Bjornn moved to approve the Consent Calendar; Shawn Larsen seconded The motion carried the motion; all voted aye, none opposed. . Non Controversial Items Added to the Agenda: Presentation of the City of Rexburg Financial Audit: RUDD & COMPANY, PLLC Brad Reed – Rudd & Company - Reviewed the Financial Audit for the City, the year ending September 30, 2002. Brad indicated that the audit went very well. Rudd & Company gives an unqualified opinion in the Audit. In the future new standards will change the look of the Audit Report. Brad reviewed the 1 different funds in the report. The fund balances were in good condition. Some funds were over budget and some funds were under budget. Mayor Sutherland thanked Brad from “Rudd & Company” for the presentation. Shawn Larsen – Inquired if there were better rates available to the City for the investing money? Richard indicated that he is reviewing alternative rates available with the State investment funds to optimize the City’s rate for debt service. The State fund does avoid the underwriting fees, however there are other minimal fees associated with the State fund. Glen Pond moved to accept the Financial Report with the independent Auditor’s Report from Rudd & Company; Donna Benfield seconded the motion; all vote aye, none opposed. The motion carried. City of Rexburg Holiday – Amend the City Council decision on December 18, 2002 th (Exchange the 24 of July Holiday for a Veterans’ Day Holiday) Todd – Representing the City employees requested to reinstate the Martin Luther King th Holiday and exchange the Pioneer Day Holiday on the 24 of July for Veterans’ th Day on the 11 of November. Paul Pugmire moved to reinstate the Martin Luther King Holiday and exchange the th Holiday on the 24 of July for Veterans’ Day; Nyle Fullmer seconded the The motion carried. motion; all voted aye, none opposed. New Business: None Old Business: nd Zoning Ordinance 725 Amendments – Rural Residential Two (RR2) – 2 Reading Paul Pugmire moved to have the Zoning Ordinance 725 amendment for Rural nd Residential Two (RR2) be considered as read for the 2 time; Glen Pond The motion carried. seconded the motion; all voted aye, none opposed. Annexation and a zone change from Madison County zoning to Rexburg zoning for nd ten properties. – 2 Reading Area One: Annexation of Properties between US Highway 20 and 2000 West in Section 25 with some properties located on the East side of US Highway 20. Area Two: Annexation of Property at 1647 West 1000 South 2 Area Three: Annexation of Properties on both sides of South Millhollow Road from 350 – 700 South Millhollow Road nd Area Four: Annexation of Properties at 1050 North 2 East Paul Pugmire – Requested to defer the second reading of the Annexation Proposal to a later date. nd Discussion from the City Council on deferring the 2 reading of the Annexation Proposal to a later date. Paul indicated that the Council does not have to have a second reading tonight. nd Marsha Bjornn – Asked for a reason to defer the 2 reading of the Annexation of properties. Paul Pugmire – Indicated his desire to cover all of the bases to make the process complete. Paul would like to make sure all of the questions are answered. He gave examples of questions on sidewalk issues, other neighboring developments, timing of services and costs for annexation. Marsha Bjornn – Requested to review the questions from the Eric Erickson memo to the City Council. The City responded to the memo with a written document that was passed out to the public. Mayor Sutherland – Reviewed questions that were in letters from concerned residents concerning the Annexation Proposal. These questions were addressed to the City Council. The Mayor read the responses from the City concerning these questions. The document is on file. Marsha Bjornn – Reviewed the requirement to install a sidewalk when the property is sold. A sidewalk would not be required as long as a resident does not sell the property. Paul Pugmire – Reviewed the possibility of amending the RR2 Zone to remove the sidewalk requirement. Paul indicated that sidewalks are a good thing. The intent of the City is to have sidewalks in the City over time. Marsha Bjornn – Thanked the City Staff for preparing the response to the questions from residents concerning the proposed annexation. DaNiel Jose – Director of the County Planning Office – Commented on the reasons for the County requesting that the area comes under City services. It is an area of high ground water and has been designated by the County as an area of concern. The County is being proactive in recommending that the proposed area receive 3 City services. This will accommodate growth for the Community. DaNiel indicated that City services are a better alternative than putting wells and septic systems every two acres. This area is close to City services. About 18 months ago the County adopted a resolution that requires an enhanced septic system for lots less than two acres. The cost would be between $4,500 to $8,000. She mentioned that District Seven Health and the Department of Environmental Quality had requested that this area be serviced by a central system from a Community water and sewer project or City services. Failed septic systems and high ground water getting into crawl spaces of homes are some of the problems with private septic systems. DaNiel indicated that it is not good for our Community to have all of those septic systems in that area. Marsha Bjornn – Reviewed her history with the City Planning for the past eight years. She served on the Planning and Zoning Commission for five years prior to her Current terms on the City Council. Marsha indicated that there was always a Comprehensive Plan in place for Rexburg. The Plan is subject to change. Kurt Hibbert – Reviewed the Comprehensive Plan Map. This Annexation Proposal is consistent with the Comprehensive Plan. This area has been designated as either family or multi-family housing. Kurt indicated that additional changes will need to be done to the Comprehensive Plan in the future. He reviewed the different areas of the City and their current designations on the Comprehensive Plan. The zones that are applied to the different areas in the Comprehensive Plan may vary. The Comprehensive Plan shows where City planners want the City to be in the future. Kurt reviewed the location of the high-density residential areas being on the South side of town and the Commercial District being on the North side of town. The City is trying to balance the Zoning to provide Commercial growth on the South side of town. Kurt mentioned that the Comprehensive Map indicates where the City would like to be in the future. Discussion on the timing of the last changes to the Comprehensive Plan for the City of Rexburg. February of 2002 was the last amendments to the Plan. Mayor Sutherland indicated that the last major revision to the Plan was done in 1999. Winston Dyer – Reviewed the 1978 Comprehensive Plan which showed the City’s plan to grow to the West. Discussion on the site plan for the Lamoreaux property that was reviewed and approved by the County for a development of 22 dwelling units. They were annexed to provide them with central water and sewer services. Mayor Sutherland – Discussed the temporary septic system for the Lamoreaux property That was allowed by District Seven Health. This was a temporary solution until the City sewer could be extended to their development in the Spring of 2003. The temporary system will be permitted until July 01, 2003. Marsha Bjornn – Requested information on the area North of the Widdison Addition. 4 She asked Kurt if this area could be developed into High Density development. Kurt Hibbert – Reviewed the Comprehensive Plan for that area. There is a possibility of the County allowing Multi-Family developments in that area with a Conditional Use Permit. Kurt commented on the City Planning and Zoning Commissions’ desire to keep this a single family area. Winston Dyer – Agreed with Kurt’s comments. Discussion on having the County help pay for some of the costs of annexation. Mayor Sutherland – Indicated that the Citizens of the Widdison Addition could request the County to participate in the cost. Discussion on the Lamoreaux County permits. The Lamoreaux project was permitted by the County before Annexation to the City was explored. Discussion on the quality of ground water in the area. A report indicated that 93% of nitrates in the ground water comes from agriculture sources. Mayor Sutherland – Commented on the reason for the annexation. The reason is for the annexation proposal is for the expansion of the City in the area. The Mayor indicated that the problems with ground water contamination are cumulative. “It would be foolish for us as City planners and Community servants to say everything is just fine; we will wait until there is a problem; would it not?” There is no one that really has to go on the City sewer at this time except those people that lives on 2000 West. Discussion on the cost for connecting to the City Services of Sewer and Water. Mrs. Belnap – Read a statement concerning the costs that may be applied to the estimated cost of City service connections. Each lot may have different costs based on the size of the lot. The average estimated cost including the costs for curb, gutter, sidewalk, tree replacement, interest charges and other costs was $25,509.51. She contacted two appraisers for some of the estimates. She indicated that City services would not add to the value of her home. She was concerned with the development of commercial property adjacent to her home devaluing her property if a buffer is not put in place. Shawn Larsen – Reviewed the City of Rexburg requirements for connections on to City Services. The decision to run sewer into the Widdison Addition has not been concluded. The residents are not required to connect to the water line. John indicated that documented “actual contamination” of underground water would require the resident to connect to the water system. 5 Discussion on 10 properties that will be required to connect to the City Services on 2000 West. Some residents do not want to be annexed that live on 2000 West. Discussion on the ability to be annexed if your property’s original deed was ever divided. Although one annexation requirement is five acres or less, larger parcels can be annexed if the original parcel was ever divided. The Dale Steiner property was discussed because of his health and front footage costs. There was discussion on the desires of the residents affected on 2000 West. They do not want to be annexed. Stephen Zollinger – Reviewed the parcel split rule that allows a property to become annexable. Marsha Bjornn – Reviewed the possibility of the City Council making an allowance for residents with properties that have large front footage. Stephen Zollinger – Indicated that there is a canal along 2000 West that may be a barrier to immediate connection to the Sewer System. If the sewer is immediately accessible, the property owner would be required to connect to the sewer. th Discussion on the sewer being extended down 5 West in recent weeks. Some residents may not be connected at that location due to the timing of the completion of the project. Stephen Zollinger – Commented that the City of Rexburg is not aware of any properties that was allowed to avoid connection to the sewer in the City. There may be some that the City is not aware of at this time. Discussion of the 10 properties and the location of the planned sewer and water lines on the overhead screen. rd Kyle Martin – 102 West 3 South – Asked why is the area being annexed? He asked if th the Council responded to the request from Mr. Harris on the 18 of December? Mayor Sutherland – Discussed the need for “orderly and proper planning” of the growth of our Community. The problem with spot annexation is that it is not planning. Once property is annexed, the property falls under the zoning control of the City. The City is proposing to annex this area for the orderly and proper growth of Rexburg. Mayor Sutherland indicated that “even though this is not a Public Hearing, we are hearing from everyone anyway and we are having a Discussion”. The Mayor indicated that he would have some concerns himself if he was to find himself in their situation. Kyle thanked the Mayor for letting him give the input. 6 Discussion on the Cenex property in the downtown area being purchase by the County. Paul Pugmire – Reviewed the City’s options and the magnitude of the growth of the City of Rexburg in 2002. The average for building permits in Rexburg has been around $5,000,000 for past years. In 2002 the City provided building permits for $58,000,000 in building value. This an order of magnitude increase in growth that was not mirrored by an increase in City Staff or money. Paul indicated that this annexation proposal is the largest and most complicated annexation that the City has ever considered. Paul commented that this proposal is in process and it has not been concluded. Paul has identified six issues of concern. 1) Sewer and water installed at the same time th 2) Waiving front footage fees similar to the South 5 West annexation 3) Waiving additional fees without precedent 4) Sidewalk costs in context with impact fees 5) Impact Fee Ordinance 6) City/County discussion for shared cost expansion of City services Paul indicated that the net effect of subsidizing the Widdison Addition is to put the burden on the remaining residents who have already paid those fees. He commented on the fact that there is clearly a body of thought among the neighborhood not to be annexed. Paul mentioned that growth is going out there in that neighborhood. His question to the neighborhood was “Do you envision yourselves being an island surrounded by City annexed property? Is that what you want?” Discussion on the feelings of the neighborhood. They are very concerned with the costs of annexation. However, they do see the need for the City to expand. The City has been inundated with new construction since the BYU- Idaho announcement. Discussion on allowing more time before requiring residents to connect to the City services. Paul Pugmire – Commented on the need to review Impact Fees for the City of Rexburg. Discussion on the new subdivisions in the City of Rexburg that are not full of homes. Discussion on putting in the sewer line and letting the resident choose the time to hook up. Some discussion on the Curt Mueller residence with l65 feet of frontage in the Widdison Addition. Eric Erickson – Requested a window of opportunity to connect to City services without a forced time frame. Curt Mueller – 882 Willow Brook Drive – He is opposed to annexation due to the new enhanced sewer system that is installed on his lot. Lot sizes in the subdivision 7 elevates the cost for the residents of the Willow Brook Subdivision. They do not need the sewer system because they have new systems approved by District 7 Health Department. Curt does not see a need for sidewalk due to the cost. They hope the City will mitigate the costs. Paul Pugmire – Indicated that he is hesitant to support the annexation due to the cost. Marsha Bjornn moved to have a work meeting next week; there was not a second; The motion died. Mayor Sutherland indicated that the meeting in two weeks could be preceded by a work meeting. The work meeting will begin at 6:00 p.m. Discussion on annexation agreements and development agreements. The residents would like more information on these agreements. Mayor Sutherland – Reviewed the process for developing an agreement for a new development. The residents would like to know what the Cenex was charged for the extension of water and sewer to the Cenex development on West Main Street. Britney Higley – Daughter of Glen Higley commented on their trees. They have had trees at their home since 1876. These trees are over 100 years old. Sidewalks and the tree roots were discussed. They are willing to work with the City if the City is willing to work with them. This annexation does affect the younger generation. Britney is opposed to annexation and she agrees with Curt Mueller’s comments. Mayor Sutherland – Mentioned that the City of Rexburg is one of two Cities that have a youth member on every single Committee for the City including a voting member of the Planning and Zoning Commission. The Mayor thanked everyone for their comments. Donna Benfield – Indicated that she is proud of the system. The government system is working tonight. She mentioned that the City Council has accomplished leaps and bounds tonight. Shawn Larsen – Commented on the need for a Public Work Meeting to continue the discussion on the current annexation proposal. Mayor Sutherland – Commented on the desire for the City of Rexburg to do the best it can to provide for the citizens. The Mayor indicated that the City will work with everyone as much as possible, however, he does not think that it is possible to make everyone happy. The City Council is charged with looking at for the future nd of the community for the next 20 years. The Mayor reviewed the 2 East Project that took out all of the trees and widen the street in 1986. The widening project with new trees looks beautiful now. 8 The Mayor thanked everyone for coming. The work meeting time was discussed. The nd work meeting will be at 6:00 p.m. on the 22 of January. Committee Reports: Marsha Bjornn – Indicated that BYU-Idaho was awarded the exhibit for the Smithsonian in August of 2003. It is an exhibit on rural communities. Shawn Larsen – Discussed the National League of Cities report on becoming an advocate of the earned income tax credit. In the tax year 2000, there were 7,756 returns in Madison County. 1,074 of these returns receive the earned income tax credit. The credit is available to residents with incomes less than $31,151. The average credit was $1,719 per person. Madison County received 1.8 million dollars of credit in the year 2000. The study shows that 25 % of the possible recipients did not get the credit in Madison County. The IRS has estimated that $461,000 in lost credit should have gone into the County. Out of 3,671 returns below the maximum for the earned income tax credit, 1,426 residents paid a tax preparer an average of $200.00 per return. The people who can least afford tax preparation are paying for the service. Shawn has contacted the University on having a free tax preparation service. Shawn recommended sending the information to residents by a flyer or some other method in the media. The local paper has been contacted. Marsha Bjornn – Asked how this can be given to the tax payer. It is on the tax form. Winter Fest – Without snow the Winter Fest will be canceled. Donna Benfield – Henderson Cleaning and Restoration and the Hearthside are concerned about an insurance settlement. Donna indicated that Cleve Henderson has called and nothing has happened. John Millar – Bid opening for a fence at the Airport that is funded at a 95% level by FAA. John asked for approval to award the bid. Adjourned ____________________________________ Bruce Sutherland, Mayor _____________________________________ Blair D. Kay, City Clerk 9