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HomeMy WebLinkAbout2003.12.17 CITY COUNCIL MINUTES CITY COUNCIL MINUTES CITY OF REXBURG December 17, 2003 7:30 P.M. STATE OF IDAHO ) : ss. County of Madison ) 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 December 03, 2003 meeting b.Approve City of Rexburg bills Nyle Fullmer moved to approve the Consent Calendar; Marsha Bjornn seconded the The motion carried. motion; all voted aye, none opposed. Non Controversial Items Added to the Agenda : Accreditation of the Rexburg Police SOP Manual - Chief Gutherie (Pocatello Policy Dept.) – The item was postponed. Public Hearings: None 1 New Business: Final Plat for Peterson Point Apartments – Schiess and Associates, Kurt Rowland Kurt Rowland – 135 East Main Street - Schiess and Associates reviewed the proposal on the overhead screen. They have added a south entrance to the property with a fence along the canal and a 40 foot easement on the north property boundary. The 40 foot easement is for joint use of the property for ingress/egress into the Planned Residential Development and access to the storage units to the north of the development. Shawn Larsen indicated that there were two dissenting votes on this issue at the Planning Commission. Winston Dyer concurred that there were two dissenting Commissioners. Paul Pugmire asked about the dissenting votes that were cast in the Planning and Zoning review. Winston indicated that the Commissioners were oriented towards the next agenda item for a Moratorium on Planned Residential Developments. Nyle Fullmer moved to approve the Final Plat for Peterson Point per Staff and Planning and Zoning’s recommendation; Glen Pond seconded the motion, Discussion: Staggered buildings were mentioned as a Design Standard for PRD proposals. This Development has staggered their buildings so that they do not line up in a row. All voted aye, none opposed. The motion carried. 120 day Moratorium on Planned Residential Developments - Planning and Zoning Commission Winston Dyer presented a proposal from the Planning and Zoning Commission to have a 120 day moratorium on Planned Residential Developments. A Planned Residential Development is meant to cluster the housing to create more green space and have a functional and more pleasing development. Winston mentioned that there have been proposals that meet with the intent of the PRD Ordinance. However, there are others that do not meet the intent of the PRD Ordinance. There are always oversights and loopholes that can be exploited by a developer. Developers have discovered that they can increase the density of a development, plat the individual lots for sale with a four plex building. Four plexes are attractive to developers due to the financing angle. A four plex can be financed individually with a homeowner type mortgage as apposed to a Commercial project that would be funded at a higher level of 2 to 4 percentage points. They are in high demand for student housing for families sending their children to the University. The PRD Ordinance as drafted did not foresee the multi-family housing that is being developed under the current Ordinance. Winston mentioned that the Commission is disillusioned with the current barracks type housing that is being constructed. Maximizing profits from the developer’s point of view is not the intent of the Ordinance. He commented on the Commission’s 100% passionate support of the Moratorium. Winston indicated that the Planning Commission has 2 proposed a 120 day moratorium on PRD Ordinance until changes can be made to the Ordinance. Mayor Sutherland indicated appreciation for the work that the Planning and Zoning Commission has done on this proposal for a Moratorium. He asked the City Council to go forward with the Moratorium. Shawn Larsen asked for examples of Developments that have complied with the intent of the Ordinance. Winston Dyer mentioned that there are developments that have maximized green space. Recently, there has been a transition from one owner one developments to multiple owner developments where the lots are sold off individually. Marsha Bjornn asked what the Commission is seeking in this request. Winston responded that there are several changes needed to the PRD Ordinance that will mitigate the concerns of the Planning and Zoning Commission. Winston Dyer indicated that the reasons for the Moratorium are in the Planning and Zoning minutes as follows from the Planning and Zoning minutes of December 04, 2003. Discussion at the meeting on the changes that need to be done to the Planned Residential Development Ordinance. 1)Require a size change between buildings every so many units. 2)Require different designs for buildings every so many units. 3)Possibly add curved roads to the developments. 4)Allow an either/or stipulation on the requirements. 5)Keep the Ordinance simple to administer and enforce. 6)Keep the changes at a minimum cost. 7)Explore the possibility of having a model to follow for a ratio of single family to multi-family housing in a development. A motion recommending the Moratorium from Planning and Zoning on December 04, 2003 as follows: Robert Schwartz moved to recommend to City Council a (120 day maximum) moratorium on the approval of any additional PRD Plats for the following reasons: 1)Pending concerns Planning and Zoning Commission has with the current developments. They have a generic (Sanitary) look. They are often referred to as having a military barracks look. 2)Need modifications to the Planned Residential Development Ordinance. 3)Design Standards. 3 4)Mitigate against the row housing appearance. 5)Protect the appearance of the Community. 6)Allow an input period for public input. 7)Update the new City Council on the issues and concerns with a PRD. 8)Maintain and improve the image of the City. Mike Ricks seconded the motion; Question: All voted aye, none opposed. The motion carried. Marsha Bjornn indicated support for the proposal to have a Moratorium on Planned Residential Developments. Winston Dyer indicated that Planning and Zoning is a two edged sword trying to protect the property owners rights to develop property; also, protect the Community and look for the greater good. The Commission is trying to be proactive. Glen Pond moved to accept the 120 day moratorium as recommended by the Planning and Zoning Commission; Marsha Bjornn seconded the motion; Discussion: Mayor Sutherland indicated that Legal Council recommended that the Council go into Executive Session. Glen Pond withdrew his motion; Marsha Bjornn withdrew her second to the motion. Nyle Fullmer moved to go into Executive Session. Paul Pugmire seconded the motion; Those voting ayeThose voting nay Paul PugmireNone Donna Benfield Shawn Larsen Glen Pond Nyle Fullmer Marsha Bjornn The motion carried The City Council moved out of the room to an adjoining room for the Executive Session. Executive Session Executive Session ended Mayor Sutherland continued the meeting after the Executive Session. He thanked those in attendance at the meeting for their patience. 4 Bob Carlson asked the Mayor why the Council went into Executive Session. What was discussed that could not be discussed with the public? Mayor Sutherland indicated that it was for potential litigation. Paul Pugmire moved to table the PRD Ordinance issue of a 120 day Moratorium on Planned Marsha Bjornn Residential Developments; seconded the motion; all voted aye, none The motion carried. opposed. Jalisco’s Beer and Wine License approval Nyle Fullmer moved to approve the Beer and Wine licenses as requested by Jalisco’s; The motion carried. Shawn Larsen seconded the motion; all vote aye, none opposed. Old Business: ndrd Downtown District Redevelopment Plan - 2 and 3 Reading of Ordinance 910 (Rexburg Redevelopment Agency) Glen Pond excused himself from the discussion because he is President of the Downtown Redevelopment Agency. Mayor Sutherland thanked Glen and excused him for the discussion. Mayor Sutherland indicated that the discussion was not a public hearing; however, the public would be allowed a 10 minute input period. Three people in favor of the Downtown Redevelopment Plan and three people against the Plan would be allowed 2.5 minutes each to explain their position. Verna Gneiting read a written statement thanking the City and Staff for the information and for the changes that have been made to the Redevelopment Plan. She mentioned that she was pleased with the removal of the Eminent Domain powers from the edevelopment Agency and given to the City Council. Verna asked if it was possible to have block 40 removed from the Plan. She asked why Cambridge Court and Main Street Station were not included in the Plan. She supported the policy of not Spot Zoning. She asked for one board member on the Urban Renewal Board to be removed due to “callused and incentive” remarks that were made in the news paper. She said a statement that was made in the paper was directed towards her. She asked for Board members to be chosen carefully. She thanked the City for allowing her to speak. st J. D. Hancock – 124 South 1 West – indicated his concern with the Plan lasting for the next 24 years. He mentioned that the business developments are going to the North and the South of the Downtown Area. He asked to include the Melaleuca property. He proposed some changes to attachment 5C and 5C1 concerning parking. With the State Transportations proposal to help with the Downtown parking, J.D. indicated that this would abrogate the need for parking in this Plan. He said “That takes care of that need”. Another problem is that public parking is turned into employee parking. That parking, 5 “employee parking” should be the responsibility of the business owners, not the tax payers. J. D. continued to review other problems with the document. He mentioned attachment 5A which shows the projected income for the project is $5,000,000 in 2007 and 2008 for the Junior High School property. He said that was a big question mark. If the Junior High stays at that location, that additional revenue will not materialize. J. D. continued to review attachment 5C which estimates administrative and professional services of $15,000 per year for 2004 to 2008. Then the fees increase in 2009 to 2014 to $20,000 per year. J. D. indicated that the Plan could be administered by a Committee, “the Redevelopment Board”. Although the Plan has been amended in Section 305, Section 50-2012 of the State Statute gives any Urban Renewal Agency the right of Eminent Domain. J. D. did not think that the City could abrogate a State Statute. He mentioned that Business Improvement Districts are a possible alternative to the Plan. Therefore J.D. recommended that the City Council table the proposed Redevelopment Plan. Rick Merrill - 41 East Main Street - indicated that many are looking at the Plan from the wrong point of view. He indicated that the Downtown Businesses have two choices: 1)Developments are going to happen if this Plan passes or not. This is a proactive attempt to control our own destiny. Although Rick was not too excited about the State Transportations proposal to increase Downtown parking, it can be a good thing. The Plan is crafted to help keep our Downtown alive. Our approach to compete with this projected growth is by creating Downtown parking. The Downtown businesses are looking for help to keep the Downtown alive and parking is a major issue. There are some businesses that are willing to put their own money into Downtown parking. However, that is a secondary plan. They need more help to keep the Downtown competitive or; 2) Do nothing and the Downtown businesses are going to wither away. Jon Weber – 2863 West Hwy 33 indicated that the Plan represents a step forward for Downtown Rexburg. Jon indicated that the parking issue that has been discussed is not the end; it is the beginning. The proposed parking lot will help; however, it will not solve all of the problems downtown. The exclusion of Eminent Domain in the Plan was a good step in the right direction. It demonstrated to the Council that the Redevelopment Agency is willing to work and make this Plan work as a viable option for the redevelopment of the Downtown area. He strongly encouraged suspending the rules and passing the Redevelopment Plan tonight for the benefit of the Downtown businesses. Mayor Sutherland closed the public input and turned the discussion over to the Council. Nyle Fullmer asked how the management costs were calculated. 6 Harlan Mann based the numbers on past experience from part time employees used to administer the Plan. Nyle Fullmer asked if that expense could be avoided by having the City manage the Plan. Harlan Mann indicated that there are a number of ways to supply the resources needed to administer the Plan. Discussion on getting those resources for the ongoing administrative expense. Richard Horner mentioned future needs are budget numbers. The City currently spends $3,000 to $4,000 per year to administer two other Redevelopment Plans in the City. Harlan Mann indicated that Cambridge Court is outside of the proposed Redevelopment area. Paul Pugmire Ryan Armbruster asked a series of questions for Mr.. 2)Page 25 Section 405.2 “Design Guidelines”. Paul asked for an explanation of Design Guide- lines. Harlan indicated that these Design Standards would be done by an “Owner Participation Agreement” and by a Contract with the property owner. 3)Page 31 Section 600 “Actions by the City” “The City shall take all action necessary” Paul discussed the language and recommended a change to say “The City will not institute a project that does not comply with it’s own Zoning”. Harlan indicated that the Redevelopment Agency’s intent is to comply with the City Zoning laws. 4)Why does the Plan terminate in 24 years? Harlan mentioned that State Statute does not allow the Plan to exceed 24 years. The intent of the Statute is to terminate the Plan at the end of the 24 year period unless there is a need to extend the Plan for a maximum of six year to pay off debt. Harlan mentioned that you can not come back in to amend the Plan for the purpose of extending the term of the plan. 5)Page 5 Section 301 sub paragraph 1 – Paul asked to add “through voluntary measures” to that Section. 6)Page 31 Section 600 paragraph B and the introductory paragraph – Paul recommended changing the wording. Discussion on the correct wording to put into paragraph B. 7 Richard Horner reviewed the values that could be obtained from adopting the Plan this year. He came up with nearly $2,000,000 of building value that could be extrapolated to a figure of $22,700 for the current year. This increase in building value in 2003 could go into the Redevelopment Plan if adopted this year. The total possible revenue from this increase in building value in 2003 would be over $500,000 in a 24 year period. That revenue would be lost forever, if the Plan is not adopted this year. Donna Benfield asked Jon Weber how the Downtown businesses felt about the proposed changes in the parking from diagonal parking to parallel parking on Main Street. Jon indicated that the businesses had not heard the proposal from the State Transportation Department until tonight. Mayor Sutherland welcomed Mayor Lou Christensen from Driggs to the meeting. Paul Pugmire moved to amend the Downtown Redevelopment Plan on Page 5, Section 301, Paragraph 1 to insert the words “through voluntary measures described in Section The 305”; Nyle Fullmer seconded the motion; Discussion: All voted aye, none opposed. motion carried. Paul Pugmire moved to strike the current Section of 305 and replace it with the revised of Section 305 as amended in the draft place before the Council; Nyle Fullmer seconded The motion carried. the motion; Discussion: All voted aye, none opposed. Paul Pugmire moved to change the introductory paragraph to include the words “institute its normal processes to”; Shawn Larsen seconded the motion; Discussion: All The motion carried. voted aye, none opposed. Paul Pugmire moved to change Section 600 page 31 sub paragraph B to strike the words “revision of Zoning as necessary” and add the words “assuring that all project activities are consistent with the City Comprehensive Plan, Zoning Ordinances, and all applicable laws and regulations”; Nyle Fullmer seconded the motion; Discussion: All voted aye, The motion carried. none opposed. Nyle Fullmer moved to suspend the rules on Ordinance 910 for passage of the Redevelopment Plan; Marsha Bjornn seconded the motion; Those voting ayeThose voting nay Paul PugmireNone Donna Benfield Shawn Larsen Nyle Fullmer Marsha Bjornn The motion passed to suspend the rules on Ordinance 910. 8 Nyle Fullmer moved to pass Ordinance 910 with the associated revisions; Paul Pugmire seconded the motion; Discussion: Those voting ayeThose voting nay Paul PugmireNone Donna Benfield Shawn Larsen Nyle Fullmer Marsha Bjornn Mayor Sutherland indicated that Ordinance 910 passed with the revisions. Mayor Sutherland mentioned his gratitude to the Staff and the Council for the opportunity to work with them. He thanked the Community for allowing him to serve as their Mayor. He mentioned that it had been a “Wonderful, Wonderful Opportunity, and Blessing”. He wished Shawn his very best in the future as the new Mayor of Rexburg. Paul Pugmire thanked the Redevelopment Agency for the changes made to the document as requested. Paul Pugmire moved to retrieve from the table item number 2 under New Business “120 day Moratorium on Planned Residential Developments”; Nyle Fullmer seconded the The motion carried. motion; all voted aye, none opposed. Paul Pugmire moved to place on the next regularly scheduled City Council agenda consideration of a Planned Residential Ordinance; Shawn Larsen seconded the motion; all voted aye; none opposed. The motion carried. Mayor Sutherland introduced into the record resolutions to have public hearings on the th 7 of January, 2004, for assessment rolls for Local Improvement Districts 32 & 33. Nyle Fullmer moved to approve Resolution 2003-11 for a public hearing on an assessment roll for Local Improvement District 32 (2002); Marsha Bjornn seconded the The motion carried. motion; all voted aye, none opposed. Shawn Larsen moved to approve Resolution 2003-12 for a public hearing on an assessment roll for Local Improvement District 33 (2003); Nyle Fullmer seconded the The motion carried. motion, all voted aye, none opposed. nd Towing and Parking Enforcement - 2 Reading of Ordinance 911 – Postponed Idaho Transportation Department (ITD) proposal for Downtown parking (5 Minutes) Tom Cole District Engineer from the Idaho Transportation Department reviewed the safety hazards for diagonal parking. He mentioned the funding that is available to construct off 9 street parking for the City of Rexburg. The City would lose about 20 parking spaces if the parking on Main Street was changed to parallel parking. Tom reviewed two locations for additional parking for the City on the overhead screen. One location is at Center and Main st Street and the other location is 1 East and Main Street. He was looking for a preferred choice from the City. The Main and Center Street parking location is undeveloped private property across from City Hall on Main Street. There would be a possibility of 68 parking spaces at this location with proper lighting and landscaping. This location could provide a minimum of 60 parking spaces. The other site was the County property that was previously owned by the Madison CO-OP. This location would require the removal of a building and landscaping. There is a possibility of about 54 parking spaces at this location. The costs are about equal for the two proposals. Both lots front Main Street. The City and State have reviewed these two locations as good locations for Main Street Parking. The funding is available in fiscal year 2005, which starts in October, 2004. The timing is short for the funding request and the State would like to know the City’s preference by the end of the year. Shawn Larsen asked how many spaces would be lost on Main Street with implantation of parallel parking. Tom indicated that about 20 to 25 spaces would be lost with the new parking. Donna Benfield asked if it is an either/or proposal. Tom said only one site would have funding. Marsha Bjornn asked if parallel parking is the only solution to the parking problem. Tom Cole indicated that the answer to that question will be better answered after the design process and the environmental review. They are looking for input from the City at this time. Mayor Sutherland indicated that there was a need to go to parallel parking to cut down on the accidents on Main Street. The State is willing to work with the City to help reduce the number of accidents. He mentioned the need to have turn lanes and additional signals in the City. The street lights will be synchronized for the City in the future so that you can drive through the City without stopping at each street light. Glen Pond indicated that safety is the reason for the proposed change in the parking on Main Street. Tom Cole indicated that the State has to show a cost benefit analysis to take advantage of the Federal funding. The Main Street project will yield a 1 to 12 ratio. For every dollar spent on this project, there will be a cost benefit of $12.00 dollars. This stretch of State Highway 33 th is the 4 worst highway in the State for hazards. State of Idaho Code could allow the State to eliminate the parking on Main Street to solve the safety issues. Paul Pugmire asked Tom if the ratio included all of the State Highways including White Bird Hill. Tom indicated that it included all of the State Highway System. 10 Marsha Bjornn asked Tom if the State had talked to property owners concerning these proposals. She asked if the parking lot could have the landscaping in one spot to provide for a gazebo area. Tom Cole indicated that the State Transportation Department had been working with the City on potential sites for parking lots. They understood that the properties may be available or for sale. Tom mentioned that the State would consider that possibility of having a green space or landscaped area with the parking area. Shawn Larsen asked about the environmental concerns that the State may have on the two sites. Tom indicated that there are not any know concerns at this time; however, that question can not be answered until the design process is completed. Mayor Sutherland indicated to Tom that the City could render a decision on the proposal to the State Transportation Department in the first part of January. City/County Joint Agreement for the GIS Department – Craig Rindlisbacher (This item was deferred to a future meeting) Employee pay scales - Richard Horner indicated that this discussion is a continuation of a previous meeting on employee pay ranges scales. He passed out the recommendations for pay scale changes from the pay scale study. Discussion on any suggested changes to the scale. The Council reviewed the recommendations made by the City Treasure. Richard indicated that the Department Heads should make recommendations to the pay schedules changes for individuals in their Departments. Richard recommended annual performance reviews for employees. Step raises and hiring ranges were discussed by the Council. Glen Pond suggested that the new City Council make the changes to the employee pay scales. Both Donna and Nyle concurred with Glen. Update on Projects: John Millar handed out a surplus equipment list to surplus. Discussion on the approval of the list as presented to the Council. Glen Pond moved to accept the list of surplus items as presented; Marsha seconded the The motion carried. motion; all voted aye; none opposed. John Millar discussed the Staff’s preparation of the water study to get it ready to use for growth projections when the Staff does future improvements to the water system. The addition of three flow meters at water storage facilities are used to measure water flow on an hourly basis. This will allow the City to determine when they are near full capacity. The plans for the proposed Scada system are nearly complete. That project will go to bid 11 after the first of the year. It is approximately a $200,000 project to monitor all water and waste water facilities into a central system for monitoring and alarming purposes. nd John Millar reviewed the bidding process for the traffic signal at 2 East for the Teton River Mall. There are four potential bidders for this project. The City has already purchased most of the equipment except the poles. This signal should come together quite rapidly. As more and more business open up at the Mall, the need for the street light increases. The time table for this street light is about 60 days for completion after the bid is awarded. The light should be working by the first part of April, 2004. John Millar discussed the billing process for billing water users that take water directly out of fire hydrants. The City of Rexburg policy for that type of water use is to bill for the number of gallons of water used. John billed for about $12,000 of water use out of hydrants this past year. There are plans to have an Ordinance in place this coming spring for this type of water use. Committee Reports: Paul Pugmire reviewed the Golf Board’s decision to gather information and ideas about what the next step should be to enlarge the Teton Lakes Golf Course. The plan to seek professional services (architectural design firms), that would be interested in auditioning for a Request for Proposal for the additional 9 holes on the interior (inside the front 9) of the Golf Course. Donna Benfield commended the City Staff for getting the minutes on the last Traffic and Safety meeting out for review. Mayor Sutherland indicated that he had requested Deborah Lovejoy to do the minutes for the Committee. Donna said she did a good job. Marsha Bjornn reviewed the progress of the Historical Preservation Committee. They are working on cataloging historical sites throughout Rexburg which will include a rd walking tour of the downtown buildings. Marsha mentioned the possibility of using 3 East as a historical street. The architecture for that street changes from the bottom of the street to the top of the street. Marsha indicated that the street shows architecture for 1900, 1920, etc. as you go south up the street. The Committee will make a recommendation to the Council on the street at a later date. Marsha Bjornn indicated that the Museum Board has not been having meetings. She mentioned that some reorganization of the Committee will help get the meetings going again. John Powell will assume the chair of the Committee. Nyle Fullmer representing the Personnel Committee discussed the Committees effort to hire a new GIS employee for the City. Nyle, along with County Commissioner Muir, Richard Horner, Craig Rindlisbacher and Danny from the County GIS department did interviews for the new GIS person. There were 50 applicants that were narrowed down to 5 interview applicants. The Committee did tender an offer for the job to Cade Smith. 12 Marsha Bjornn reported that the United Way donations are low for this years drive. They are seeking additional donations from the City employees. Mayor Sutherland thanked the Council for their service on the individual Committees that they serve with for the City of Rexburg. He thanked the Staff and Council for their service to the City. He will step down as Mayor for the City at the next meeting. Tabled requests: None Mayors Business: = Executive Session for land use (This item was deferred to a future meeting) Adjourned 13