Loading...
HomeMy WebLinkAbout2003.10.15 CITY COUNCIL MINUTES CITY COUNCIL MINUTES CITY OF REXBURG October 15, 2003 7:30 P.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 Financial OfficerRichard Horner P&Z Administrator:Kurt Hibbert City Clerk:Blair D. Kay PFC:John Millar City Attorney:Stephen Zollinger Pledge to the Flag Consent Calendar: 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 October 01, 2003 meeting b.Approve City of Rexburg bills Donna Benfield indicated that a correction was needed on page 7 of the minutes where John Millar was discussing the need for an Ordinance to require metering of water taken from the fire hydrants. She mentioned the need to add that the water needed to be metered for billing. Nyle Fullmer moved to approve the Consent Calendar with Donna’s correction; Donna The motion carried. Benfield seconded the motion; all voted aye, none opposed. 1 Mayor Sutherland welcomed the Boys Scouts from Troops 48, 218, and 418 to the meeting. They are working on Citizenship merit badges; also, the Mayor welcomed a Government Class from BYU-Idaho to the meeting. Non Controversial Items Added to the Agenda: Cameron Poore, a student at BYU-Idaho presented a proposal on parking. The plan would allow the City to provide parking permits for students to park on the City streets. Mayor Sutherland explained that the parking problem would be alleviated if the students would park in the University parking lots instead of parking on the City streets. The University has indicated to the City that there is ample parking for students on the interior parking lots of the Campus. The City concurs with the University’s effort to encourage student parking on Campus parking lots. The City has been looking at different avenues whereby the City could discourage the students from parking on certain City streets. The Mayor indicated that some residents have indicated a desire to have parking permits to allow their cars to park on the City streets in front of their homes and disallow any parking by the students in those areas. Mayor Sutherland explained that the City is looking for a solution that will be easy to implement and enforce with as low of impact as possible for citizens, students and the City’s finite resources. Report on the Rush Triathlon Jack Bowman reported on the Triathlon on September 13, 2003. Jack indicated that it was an outstanding event. It was a great race with 46 registered participants with 42 actually participating. The youngest participant was 18 years old and the oldest participant was 60 years old. The winner was Bob Krause from Wilson, Wyoming with a time of 2 hours 17 minutes. The ladies winner was Molly Breslin from Jackson, Wyoming with a time of 2 hours 49 minutes and 08 seconds. There were 11 participants from Rexburg. There were several businesses that help with donations. Also, there were participants from 5 different States: Idaho, Wyoming, Utah, California, and Montana. Local support for the event came from the Chamber of Commerce, Wal-Mart, Pepsi, Stick & Stones, Albertsons, BYU-Idaho Activities Department, Rexburg City Police, and the Madison County Sheriffs Department. The local Emergency Services (EMS) group from Madison County and BYU-Idaho lent a helping hand to the event. The Committee that worked on the event wanted to thank Nyle Tanner for his support of the event. There were many Community volunteers that also helped with the event. There were good and bad comments from the racers. One complaint was that there was moss in the water. Jack indicated that all other aspects of the Triathlon Race were great. Three people in the competition had just completed a Canadian Iron Man Marathon. They thought it was the best small event that they have done. Jack indicated that the event grossed $700 in the black. Donna Benfield commended Jack on the success of the event and offered advertising support for the event in 2004. 2 Paul Pugmire thanked Jack for the great work on the event. Paul indicated that he had heard good comments from people about the event. Expand infrastructure at the Rexburg Business Park Clair Boyle explained that Phase One of the Rexburg Business Park is sold out. There are other Companies that have expressed an interest in additional lots. Clair requested water and sewer lines for Stock Avenue this fall. He indicated that there will be a need to increase the lot sizes by re-surveying Phase 2 of the Business Park. John Millar explained that the cost of both water and sewer for Phase 2 would cost about $100,000. The budget would have to be amended to accommodate the expenditure. Discussion on how the expenditures could be funded for the infrastructure expansion. MEDCO funding of the project was mentioned; however, they are only a contract administrator for the City on the development of the Business Park. Richard Horner indicated that there is about $200,000 available in the RLF (Revolving Loan Fund) for the City. This loan fund is used for Business development. Clair Boyle explained that the Business Park needs to have utilities expanded into Phase 2 in order to continuing selling lots. He wants to keep the momentum up for lot sales while the demand is available. Lots need to have the infrastructure completed in order to sell the lots. Shawn Larsen asked about the interest from the public in buying additional lots. Glen Pond explained that it is appropriate to expand the infrastructure; however, the funding of additional infrastructure at this time would not allow interest payments to be applied to the fund. The fund would probably just break even if the moneys are used for lot development. Donna Benfield asked why the City did not forecast this expenditure in the current budget. Mayor Sutherland and Glen Pond explained that the funding is administered by MEDCO. The City does not budget for the Business Park in the City’s Budget. Mayor Sutherland asked John if there was time to expand the infrastructure in the Business Park this year. John indicated that it is dependent upon weather conditions. Glen Pond asked John if the City would bid out the project. John indicated that the sewer line would be contracted out to a sub contractor. The water line could be installed by City crews. Paul Pugmire would support funding the expansion from the RLF, (Revolving Loan Fund) process. Discussion on the possible ways to fund the project out of the RLF. 3 Glen Pond indicated that the sale of the lots in the Park would pay back the RLF loan. Discussion on the number of lots sold in the Business Park. There have been 11 lots sold in the Park this past year. Glen Pond moved approve the funding for the expansion infrastructure including water, sewer and power lines out of the RLF on Stock Avenue; Donna Benfield seconded the The motion carried. motion; Discussion: all voted aye, none opposed. Public Hearings: - None New Business: Sign Ordinance Revisions Kurt Hibbert explained that the current Sign Ordinance has conflicts that need to be clarified. The Uniform Sign Code of 1994 that was adopted by the City on July 05, 1995, does not follow the new International Building Code 2000 that was adopted by the City on January 01, 2003; also, there are conflicts with Madison County’s Sign Code. Glen Pond asked if the Planning and Zoning Commission had reviewed the latest modifications. Kurt explained that these updates were recommended by the Planning and Zoning Department concerning the square footage of the signs. These technical items in the Sign Code that need to be corrected originated from the Staff. There is some urgency to correct the Sign Ordinance in order to bring it into compliance with the New Building Code for the City. Kurt Hibbert mentioned that there is a conflict with the City’s Sign Ordinance and the County Sign Ordinance too. He reviewed the problems that exist in the tables of the current Sign Ordinance. The examples of signs in the Ordinance are in conflict with the data in the Sign Code tables. Kurt reviewed the codes conflicts with the Council. Stephen Zollinger mentioned that it was a confusion creator. There is a need to simplify and clarify the existing Sign Ordinance. Kurt Hibbert continued to explain the differences in the current Sign Ordinance and the amendments needed for the Ordinance. Kurt went over the tables in the current Sign Ordinance and the requested changes to the Ordinance. He mentioned the “Home Occupation Sign” conflict. This sign is not allowed in the table. In the sample page, a 2 foot square sign is allowed. “Subdivision signs” are required to be 20 feet from the property line in the table. This would require a sign to be located in front of a building which is also required to be 20 feet from the property line. The Staff recommends allowing this sign to be place 5 feet from the property line. 4 Kurt Hibbert indicated that the existing Sign Ordinance allows for off premise signs in the City code up to 200 square feet. The intent of the Planning and Zoning Commission and the City Council from prior discussion was to restrict “bill board” type signs in the City. The County Sign Ordinance is more restrictive than the City’s current Sign Ordinance and it does not allow 200 square foot off premise signs except along Hwy 20. That is why new 200 foot off premise signs were not allowed in the City. The new Sign Ordinance would limit the off premise signs to 32 square feet in the City. The new Sign Ordinance would allow large signs not regulated by the code by a Conditional Use Permit from the Planning and Zoning Commission. The penalty for illegal signs was discussed. The new proposal is to have a $300.00 fine for illegal signs instead of $50.00. Shawn Larsen asked if lighted signs were legal. Kurt indicated that lighted portable signs are illegal. Kurt Hibbert discussed small “A” frame signs and the regulations that preclude their use. They are required to be attached to the ground in the code. Temporary banners are allowed for specific events. Kurt discussed the Business District signs and the size of signs allowed based on the square footage of the store front. In a HBD Zone the square footage allowed for a sign usually precludes the use of portable signs. Shawn Larsen asked about enforcement of the sign ordinance’s allowable square footage. Kurt indicated that the City is pursuing violators of the sign Ordinance. Donna Benfield asked about the height of signs allowed in the new Sign Ordinance. Kurt indicated that it is the same height as the 1995 Sign Ordinance, which is 24 feet. A requestor could make application for a Conditional Use Permit from Planning and Zoning to allow for a higher sign. Stephen Zollinger explained that the City is part of Madison County and must comply with the Counties Ordinance. Even the 32 square foot off premise sign is in conflict with the County Ordinance which states that an off premise sign will not be allowed except on Hwy 20. The City of Rexburg will negotiate with the County to amend the County Ordinance to separate the County Sign Ordinance from the City. Paul Pugmire moved to consider the new Sign Ordinance 908 which amends Sign Ordinance 775 as being first read; Shawn Larsen seconded the motion; all voted aye, none The motion carried. opposed. Old Business: ? Rexburg Swimming Pool discussion – Parks & Recreation Committee DEFERRED (Brad Smith Chairman) - UNTIL THE REPORT IS AVAILABLE. (NOTE): The Committee has raised $500,000 in pledges towards the Recreational Fund for a Swimming Pool in Rexburg. 5 Update on Projects: John Millar explained the process for meeting fire fighting capabilities for areas of the City that do not have fire protection facilities. John reviewed Section 1142 of the Fire Code which addresses this issue. Fire Chief Spencer Larsen and John Millar outlined some basic principles for the City to follow that would allow some development in areas that are not served by City water. This would put the Onus (burden) onto the City to extend utilities into these areas for development. The following principles will allow some development into areas that are not currently served by water. 1)No buildings would be allowed that had a fire code requirement of over 3,500 gallons per minute. This would limit the maximum size of a building to the size of a four plex. 2)The City commits to serve areas that are not served by a developer, by the City, or jointly within a three year period. The Hwy 33 corridor is the area where this condition presently exists. Mayor Sutherland asked John if this concept was consistent with the overall plan for the development of the infrastructure. John indicated that there is a plan to loop the water line into this area in the future. The sewer system is available just across the road from the current requested development. Shawn Larsen was concerned with this policy allowing additional four plexes. John indicated that the Fire Department would like water extended to this area within three years. Paul Pugmire indicated that the City is opening the door to let developers take some control of development of City services. John mentioned that developers will pay for expansion of the services in the future as developments come into the area. Paul was concerned with turning the decision over to developers. John Millar mentioned that there would only be one side of the water line that would be charged for front footage fees in this area. Discussion on the reasons for requesting annexation of this area. The applicant in this case wanted access to the sewer, so he requested to be annexed. Marsha Bjornn joined the Council. John Millar discussed the problem with City adopting the Fire Code while the County did not adopt the same Fire Code. Discussion on the need to have water available for a building in the City. A water line into this area would cost about $300,000. The Staff recommended that the Council approve the proposal as presented by Chief Larsen and Public Works Director, John Millar. 6 Discussion on upgrading the water storage and supply capability for the City of Rexburg. Stephen Zollinger commented on the cost of building outside the City to accommodate the Fire Code issues. Discussion on the Fire Code pre-empting any building construction without a fire hydrant that is in excess of 3500 gallons per minute. Shawn Larsen was concerned with allowing additional buildings on this policy before the water line is available. John Millar indicated that connection fees would be charged to pay for the line as the property is developed. Marsha Bjornn asked about the safe guards for the City. John mentioned Zone changes and development agreements would be used to protect the City. Shawn Larsen indicated that the Planning Commission is concerned with the expansion of the City beyond the resources of the City. Discussion on the Insurance rating for the City. If the rating goes from a 4 to a 5, then it could cost the City $400,000. The three year radius was within the scope according to the Fire Department. Richard Horner explained that it is a priority issue. Mayor Sutherland explained that the City is planning for another well next year. This water project for Hwy 33 would be done after the new well is completed. Mayor Sutherland indicated that this water project may be in the Budget in 2005 or 2006. Marsha Bjornn moved to adopt the following policy for allowing building construction into areas of the City that does not have fire protection facilities: 1) That there are no buildings approved with a fire fighting requirement greater than 3,500 gallons per minute. 2) That the City schedule water protection for the area within the next three years. Discussion about the wording of the motion. Marsha withdrew her motion because there was discussion without a second. 7 Paul Pugmire moved to adopt the following building policy for areas that have been annexed into the City and are not served by the delivery of water for fire suppression purposes: 1)Building structures can take place when the fire fighting needs are no greater than 3,500 gallons per minute based on the Fire Code; and: 2)The City Council established the intention to take fire fighting capability into the area within a 3 year period. Nyle Fullmer seconded the motion; Discussion: all voted aye, none opposed. The motion carried. Report on projects (Cont.) John Millar reviewed the Christmas Lighting project for Main Street. Donna asked if they could be used in the summer. The plan is to use the lights in the summer. Nyle Fullmer asked about the pathway on Millhollow. It is surveyed and the project will be worked on as time permits per John Millar. Donna Benfield discussed the price for taking water out of City fire hydrants. She reviewed the cost of taking water out of the fire hydrants in a policy signed by Mayor Boyle in 1993. The cost is $5.00 per 1,000 gallons and a penalty fee of $400.00 for non- compliance. Donna asked John, “Who is counting the trucks?”. Discussion on the Ordinance that John is preparing for water usage out of the fire hydrants. John indicated that the City will comply with the policy. Committee Reports: Donna Benfield discussed the meeting last night on Traffic Safety. The Traffic parking survey was discussed. She presented a solution to the Council for traffic safety that could st last until the 31 of January 2004. The results of the survey indicated that a parking closure on three streets for 1 ½ hours in the morning would allow for better parking management around the University. That would restrict students of about three morning classes from parking their cars on the City streets. The residents were favorable to the idea thus allowing them to have their garbage picked up, etc. This is just a temporary solution until a final decision can be work out with the City and the University. If this solution works well, it could be expanded to other streets around the University. Donna indicated that the Traffic Safety Committee recommended No Parking Signs from 9:00 a.m. to 10:30 a.m. be placed on three of the City’s streets adjacent to the University; These streets are Harvard Avenue, Cornell Avenue, & College Avenue. The residents of these three streets were excited to get the signs in place as soon as possible. Discussion on the time period that will be displayed Mayor Sutherland on the Signs. said this parking policy would be easily enforced. John Millar indicated that the signs will be posted every 100 feet. 8 Paul PugmireNo indicated that the City Council should be involved in the location of Parking Signs . Mayor Sutherland mentioned that it is micro managing to have the City Council approve Stop SignsParking Signs and . Discussion on having the Council approve Committee decisions. The Mayor indicated that this is just a test case and the City Council can approve the policy for a longer period of time after the test period. Marsha Bjornn asked John for Handicap Parking in front of the Snow Building on Campus. Stephen Zollinger mentioned that these three blocks are randomized testing areas before final action by the Council. There is not a definitive answer coming from the Traffic Safety at this time. Donna Benfield indicated that one suggestion from the Traffic Safety Committee was to nd exclude all parking on 2 East. Nyle Fullmer discussed the parking problems around his neighborhood. Mayors Business: - None = Madison School District “Family Reading Week” November 17–21 ; Geoff Thomas (Deferred until the next meeting) Commercial Design Standards (Retail Buildings) Ordinance 907 Stephen Zollinger explained that this is in Ordinance in a form to be considered after it has been reviewed by the Planning and Zoning Commission. Kurt recommended that this document be reviewed with the current document that the Planning and Zoning Commission is reviewing concerning Commercial Design Standards. David Stein commented on the Cities in the State that have Commercial Design Standards. He is working on a Commercial Design Standard Document for the Planning and Zoning Commission. He recommended that this document be expedited. Discussion on size caps for larger retail stores. David commented on the Commercial Design Standards for Haley, Idaho. Mayor Sutherland indicated that it was important for the three Planning Commission to be on the same page with large commercial developments. Maintenance of vacated properties was discussed in an Ordinance. Discussion on maintaining the appearance for a vacated building. 9 Marsha Bjornn mentioned that the National League of Cities has been working with this same issue with Cities around the Country. Kurt Hibbert mentioned that the three Planning Commissions in the County will discuss this issue tomorrow night. Glen Pond moved to go into Executive Session; Nyle Fullmer seconded the motion; Thos voting ayeThose voting nay Marsha BjornnNone Glen Pond Nyle Fullmer Shawn Larsen Donna Benfield Paul Pugmire The motion carried. Executive Session for a personnel issue Executive Session ended. Adjourned ___________________________ Bruce Sutherland, Mayor ______________________ Blair D. Kay, City Clerk 10