HomeMy WebLinkAbout2004.08.04 CITY COUNCIL MINUTES
CITY COUNCIL MINUTES
CITY OF REXBURG
August 04, 2004 (Draft)
7:00 A.M.
STATE OF IDAHO )
: ss.
County of Madison )
Present were the following:
Mayor: Mayor Shawn Larsen
Council Members:
Paul Pugmire
Donna Benfield
Nyle Fullmer
Rex Erickson
G. Farrell Young
Garth R. Oakey
Financial Officer Richard Horner
P&Z Administrator: Kurt Hibbert
City Clerk: Blair D. Kay
PFC: John Millar
City Attorney: Stephen Zollinger
Pledge to the Flag
Roll Call of Council Members: Council Member Fullmer – absent; Council
Member Oakey – absent; Council Member Pugmire – present; Council Member
Erickson – absent; Council Member Benfield – present; Council Member Young –
present;
Public Comment:
on issues not scheduled on the agenda (limit 3 minutes)
None given.
Status of the Triathlon
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Jack Bowman
from the Recreation Department reported on the progress of the 3
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Annual Triathlon Event that is scheduled for the 11 of September at 10:00 a.m.
There are currently 15-20 applications for the race. The City uses a nationally recognized
Active.com
Web site www.active.com to register the race. is the premier source for
participatory sports and fitness information, including training tips, coaching articles,
workout schedules, and online event registration for sports. The City is adding a sprint
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race to the competition. The short race (Sprint Race) which includes a ½ mile swim, 12
mile bike race, and a 3.1 mile run. This race will encourage new entries (beginners) into
the Triathlon event. The first year of this event 20 people participated. The second year
46 people participated. The swim will be held in Rainbow Lake south of Rexburg.
Council Member Benfield
indicated that there are additional funds available to market
the event from the Chamber of Commerce. Jack indicated that the Committee is meeting
today and will get back to Council Member Benfield on the funding requests.
Council Member Pugmire
asked Jack how the participants trained for the outdoor
swimming event. Jack indicated that people use swimming pools or wherever they can
jump in the water and swim. The water temperature varies a great deal between
swimming pools and outdoor water sources like lakes. Wet suits are required due to the
low water temperatures in lakes.
Mayors Report: Mayor Larsen
explained that he was working with Kurt Hibbert to
establish a neighborhood matching fund for funding neighborhood projects.
Kurt Hibbert
explained that the idea came from the Idaho Development Institute in
Boise last week which involved Cities from all over the Northwest. The idea is to help
the City leverage their funding with Community support. The City would allocate a pool
of money that neighborhoods could make application to receive on a matching fund basis
to do a project in their neighborhoods. Kurt used the triangle intersection on Millhollow
Road as an example of a City project that could get completed by input and matching
funding from the Millhollow Neighborhood. Other examples could be street trees,
playground equipment, parks or other aesthetic features for a neighborhood. These City
funds could cover items that are not normally covered by a budget item.
Mayor Larsen
asked Richard to explain where the City money could be allocated in the
City budget.
Richard Horner
responded that the specific City Department that was responsible for
the area where the neighborhood funding project was located would help fund the project.
If it was a street improvement project that would benefit the public, the Street
Department would fund the project up to 50% of the cost of the improvement and the
remainder of the project funding would come from the neighborhood association.
Mayor Larsen
mentioned three examples of areas where this funding would be
appropriate.
1)City bike trails by Madison High School
2)Triangle intersection on Millhollow Road
3)Playground area at Evergreen Park
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This will give the neighborhoods an opportunity to come together and work on a project
of interest for their neighborhood with the City participating in the funding.
Council Member Pugmire
indicated his support for the project. He wanted to have the
Council think very carefully how the funds would be distributed. The neighborhoods that
participate in the funding would be the proper representation in the decisions for funding
the project to ensure that it was done in an equitable and logical way.
Mayor Larsen
explained that other Communities that use this process have a Task Force
made up of representatives from each neighborhood in the City. The Task Force ranks
the neighborhood projects and the ranking is approved by the City Council.
Paul Pugmire
indicated that this would encourage the formalization of neighborhood
organizations in the City.
Nyle Fullmer
joined the meeting.
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.
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A. Minutes from the July 07 and July 14, 2004 meetings
B. Approve the City of Rexburg Bills
Council Member Young
moved to approve the Consent Calendar; Council Member
The motion carried.
Pugmire seconded the motion; all voted aye, none opposed.
New Business:
General Bond Election (August 03, 2004) Canvas Votes
for an Aquatic Park Bond for
$4,000,000 - City Clerk
Mayor Larsen
read Resolution 2004-14 which canvassed the votes for the General Bond
Election on August 03, 2004
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RESOLUTION NO. 2004-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REXBURG,
IDAHO, CANVASSING AND DECLARING THE RESULTS OF THE
GENERAL OBLIGATION BOND FOR $4,000,000 HELD IN SAID CITY ON
TUESDAY, AUGUST 03, 2004.
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WHEREAS, the City Council of the City of Rexburg, Idaho has requested the
INFAVORAGAINST
electorate to vote of or an Aquatic Center for the City of
Rexburg, Idaho; and
WHEREAS the City Council has set the maximum amount of the General
Obligation Bond not to exceed $4,000,000 to pay the cost of acquisition and construction
of an outdoor swimming facility, and related cost; and
WHEREAS the bonds to mature and to be payable from a levy of taxes over a
term which may be less than but which shall not exceed thirty (30) years; and
WHEREAS the City of Rexburg has outstanding revenue bond indebtedness in
the amount of $2,190,657, and the City has no general obligation debt, and the interest
rate anticipated on the proposed bonds is 5% per annum.
WHEREAS the total amount to be repaid over the life of the proposed
bonds,
principal and interest, based on the anticipated interest rate is estimated to be
$7,806,172; and
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WHEREAS the 1, 2, 3, 4 and 5 Notice of Election of said election having
been duly published in the Rexburg Standard Journal, Rexburg, Idaho, as provided by
law for five consecutive weeks; and
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WHEREAS, the Clerk of said City has caused 1 and 2 Notice of Sample
Ballots containing the options to vote INFAVOR of or AGAINST the General Bond
Election to be printed as required by law; and,
WHEREAS, after the due and legal election held in said City on August 03, 2004,
the Judges of said election have made their returns thereof and this City Council has
found that in all manner said election was conducted according to law and has canvassed
the same.
NOW, THEREFORE, BE IT RESOLVED BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF
REXBURG, IDAHO:
That the City Council of the City of Rexburg, Idaho, sitting as a canvassing board
and having before it the proceedings and returns from the General Obligation Bond
Election held in the City of Rexburg, Idaho, on Tuesday, August 03, 2004, does hereby
canvas and certify the returns of said election and the results of the voting as shown on
Exhibit A.
That said election was duly held during the hours prescribed by law and at the
polling places designated.
That the number of ballots cast corresponds with the check list of the voters.
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That those electors voting INFAVOR of the General Bond Election totaled 815,
which is less than the two-thirds (2/3) majority of the qualified voters voting at the
election; and
That those electors voting AGAINST the General Bond Election totaled 874,
which is in excess of the one-third (1/3) of the qualified voters voting at the election.
That those electors voting an under vote (neither selecting INFAVOR of or
AGAINST) the General Bond Election totaled 3 non votes.
That those electors voting an over vote (selecting both INFAVOR of and
AGAINST) the General Bond Election totaled 1 non vote.
That the City Council of the City of Rexburg, Idaho, sitting as a canvassing board
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certify that the election
on August 4, 2004 does hereby failed to attain the requisite 2/3
majority of votes INFAVOR of the issuance of the General Obligation Bond Election,
and;
THEREFORE THE ELECTION TO ISSUE GENERAL OBLIGATION BONDS
IN THE AMOUNT NOT TO EXCEED $4,000,000.00 FAILS.
APPROVED by the Council on August 4, 2004.
SIGNED by the Mayor on August 4, 2004.
________________________________
Shawn Larsen, Mayor
ATTEST:
______________________________
Blair D. Kay, City Clerk
Council Member Pugmire
moved to approve the Resolution 2004-14; Council Member
Benfield seconded the motion; Discussion: Council Member Young indicated the need
for the Council to continue to move forward with the project of having a City swimming
facility in Rexburg and he mentioned that he would have a proposal for the Council at the
next Council meeting on the issue. Council Member Pugmire agreed with Council
Member Young and stated: “Let’s learn from this, and not quit because of it”.
Mayor Larsen
concurred with the two Council Members, stating that “I appreciate and
recognize the vote of the people; however, I do think that there may be other options out
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there for us to pursue. He encouraged the Council to analyze the numbers and move
forward with another proposal on the issue. All voted aye, none opposed.
The motion to approve Resolution 2004–14 carried.
Preliminary Plat – Walker Addition Division No. 2
- Permit #04 00248 (Sharon Orme)
Winston Dyer
– The Dyer Group in Rexburg, reviewed a preliminary plat for the walker
family. The Walker property has been before the Council in the past by developer Tom
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O’Toole. It is located on 4 North behind Wal-Mart. Division one of a Commercial
Subdivision has been built out. This request is for Division Two of a Commercial
Subdivision of the Walker property. He explained that part of the property was Zoned
Commercial and the remainder of the Development would have to have the Zoning
changed at a later date to the correct Zoning. The entire Subdivision is about 26 acres.
Phase One is about 14 acres. Phase Two is planned for an eight lot development. A
future Phase would develop the remaining 5 lots. City utilities would be extended east to
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the property from 4 North. The City will build the road base up to gravel and build a
bridge over the canal. They are working on road alignment with John Millar. He
explained that Lot One on Division Two which includes ½ of the Teton River is planned
to include a pathway, picnic area, for recreation. This plan would require City
participation. The Walker Family is anxious to meet with City Representatives to work
out the details for the development of lot one.
Council Member Pugmire
was pleased with the set aside of Lot One. He asked about
the intersection of the new road with the Barney Dairy Road. It did not come in at a 90
degree angle. Winston explained that one option to have a 90 degree corner would be
taking part of the High School Ball fields. There was another option of intersecting at the
Canal with a raised road elevation.
Council Member Young
asked why the Development could not take care of the
intersection issue in their development instead of changing Barney Dairy Road. Winston
indicated that this proposal would encourage the Barney Dairy Road traffic to use the
new road.
Council Member Pugmire
asked about covering the cost of raising Barney Dairy Road
for that intersection. Winston indicated that there is a need for negotiations on that issue.
Council Member Erickson
joined the meeting.
Council Member Young
asked if the road would dead end in Phase Two or would it go
through with this Phase to Barney Dairy Road.
Kurt Hibbert
indicated that the John Deere Dealership is relocating and may cause
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changes to the road design. They want the Barney Dairy Road extended to 2 East. If
this were to happen, it would open up this road development to several other options.
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Council Member Erickson
asked if the widening of 4 North had been resolved. The
area that has been developed is not as wide as the new road would be with this
development. It is a definite problem. Kurt explained that it could be worked out as
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other developments are completed in the area. The 4 North questions could be worked
out before the Final Plat is approved by the City Council.
Council Member Pugmire
moved to approve the Preliminary Plat for Division Two of
the Walker Property; Council Member Fullmer seconded the motion; Discussion: all
The motion carried.
voted aye, none opposed.
Preliminary Plat – Cedar Falls – Commercial Subdivision on Airport Road
- Permit #04 00222 (Greg Stoddard)
Winston Dyer
of the Dyer Group explained that the Preliminary Plat is for a Commercial
Subdivision with less than 21 acres of ground on Airport Road. It will have 20
Commercial Lots. A 10 inch water line is on the east side of Airport Road for this
development. The sewer will flow north by gravity line to a wastewater pumping station
where the waste water will be pumped back to the south to a trunk line. A berm for
aesthetic treatments will be built along Hwy 20 as was done with Pioneer Equipment.
Council Member Erickson
asked about the extension of Curb and Gutter. Airport Road
would have to be widened with curb and gutter. It is zoned as HBD.
Council Member Young
moved to approve the Preliminary Plat for Cedar Falls
Subdivision; Council Member Pugmire seconded the motion; all voted aye, none
The motion carried.
opposed.
Mayor Larsen
asked to be excused for a prior commitment. He asked Council President
Pugmire to take charge of the meeting.
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Preliminary Plat – Brentwood Condominiums – 264 North 3 East
- Permit #04 00269(Jay Jenks)
Kurt Hibbert
explained the plan to make these existing units into Condominium units.
They want to market them as condos. They are being legally separated by a survey into
individual condominium lots that would be governed by a Homeowners Association.
The Council is asked to approve this Condominium Plat.
Council Member Fullmer
asked if construction is different with condos verses
apartments. These units do meet the firewall codes for a Condo in the International
Building Codes.
Council Member FullmerBrentwood
moved to approve the Preliminary Plat for
Condominiums;
Council Member Youngseconded the motion, all voted aye, none
The motion carried
opposed. .
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Request for Annexation - Annexation & Rezone request
for (R & M Commercial
Prosperities - (John Deere))
Kurt Hibbert
gave the Council a heads up for this request for annexation. The property
is located near the South interchange. It is contingent on the Comprehensive Plan
Change that is up for Public Hearing.
The Council discussed additional properties in the area of this proposal that want to be
included in this annexation process.
Winston Dyer
asked for an indication from the Council on how much should be
annexed.
Council Member Pugmire
mentioned that there is no commitment made at this time but
was appreciative of the information. He asked for the costs (water and sewer) of these
annexations to the City. The Council discussed the location of existing services for this
area. There will be a need to extend services from one of two possible existing locations.
Council Member Erickson
asked if there should be additional properties annexed to
compliment this annexation. Attorney Zollinger reviewed the need to approach all
parties in the area to see if they would desire to be included in this process.
The Council asked to have a letter prepared to notify properties within 300 feet of this
request to see if they would like to be annexed. The Council concurred that these
annexation meetings need to begin to encourage a resolution to this problem.
Sunbird program - Discuss ways to improve the housing options
- Chamber of Commerce
Council Member Benfield
discussed the issues that surround the Sunbird program. The
problem is finding adequate housing for this group of people during a growth period with
the University. In the past the Sunbirds have been able to live in off campus housing
having a one or more particular buildings in a development designated as Sunbird
housing. This practice allowed the sharing of housing with students from the University
in the same complex. The current single student vacancy rate in approved student
housing is above 30%; however the student housing complexes need to keep the window
open for students the entire year because of the year around program that has been
adopted by the University. She indicated that the Chamber of Commerce has met with
the Sunbirds on this issue and expressed that they are deeply concerned over this issue.
The Sunbird population in the Summer has dwindled from a maximum of about 2,000 to
half that last year of 1,000 Sunbirds and this year it is about 400 Sunbirds. With the loss
of additional apartments this year, the Sunbird population possible next year will be about
250 Sunbirds. Council Member Pugmire indicated that the City and the University
should sit down together and see what solutions could be reached. He indicated that if
the division of students and Sunbirds could be made by building instead of by complex, a
solution could be reached. City Attorney Zollinger indicated that there is a legal basis on
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gender discrimination which the apartment owners are being pressured. They need to
have some support from the City and University to address this issue.
Council Member Benfield
indicated that the Sunbird program has a three to five million
dollar impact on our Community each year. They attend a lot of the City’s and the
Chambers events like the Tabernacle and the Dance Festival.
Council Member Erickson
indicated that there are a lot of empty student housing
apartments that could be utilized by the Sunbirds.
Council Member Pugmire
indicated that the City needs to come to the table and discuss
these issues with the apartment owners and the University.
Council Member Young
indicated a need to meet regularly with the University to
discuss these apartment issues. It would be the same process as the City has been using
with the County Commissioners to meet on a regular basis.
Council Member Pugmire
asked that this issue be put on the agenda in the future and to
start the process with a call to Richard Smith the University Attorney and Liaison.
Council Member Young
indicated that there are growth issues with the University that
necessitate open communication with the University on an ongoing basis. This would
avoid rumors, etc.
Council Member Erickson
mentioned that it is vital to keep the Sunbird program active
and viable. It has been an important part of Rexburg for a number of years.
Christine Brokaw – City Internship completed - “Job Well Done”
Christine
worked for the Mayor as an intern for the summer of 2004. Her work was
appreciated by the Mayor and the Staff at City Hall.
Council Member Pugmire
mentioned the Council’s appreciation for her efforts.
The City Clerk indicated that the Mayor is encouraging students to seek internships at
City Hall.
Council Member Fullmer
asked to be excused for a prior commitment. He offered his
support and approval of Bill 907.
City Attorney Zollinger
left the meeting due to a prior commitment. Discussion on the
number of Council Members required in a meeting after a quorum has been established.
Public Hearings:
2005 Budget Appropriation Ordinance 925 (First Reading) – Richard
Horner indicated that the Council needs to have a Public Hearing in this meeting before
they pass the first reading of the 2005 Budget Appropriation reading of Ordinance 925.
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Council President Pugmire
opened the meeting for the Public Hearing on the 2005
Budget Appropriation Ordinance 925.
Those in favor of the 2005 Budget:
Richard Horner
reviewed the Summary Budget request for 2005 and indicated that it is
similar to Budget Hearings in prior years. He has estimated the new construction
numbers high for the Budget due to the property tax numbers are not available from the
County at this time. The actual numbers will be available this coming week.
Those in opposition to the 2005 Budget
: None
The Public Hearing was closed.
Council President Pugmire
asked for a motion on the 2005 Budget Appropriation
Ordinance 925.
Council Member Erickson
moved to approve the first reading of the 2005 Budget
Appropriation Ordinance 925; Council Member Young seconded the motion; all voted
The motion carried
aye, none opposed. .
2004 Budget re-appropriation
Richard Horner
explained that the purpose of this discussion is to set a public hearing to
officially amend the Budget for 2004 at the next meeting.
The Council discussed the reason for the need to amend the budget for 2004. Richard
explained that the Mayors Office had changed the Administrative structure of the City
Staff which required the appropriation of funds into the new Departments. Council
Member Young asked if there was money available now that was not available when the
2004 Budget was established. Richard indicated that there was new funding available for
this re-appropriation of the 2004 Budget.
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Council Member Young
moved to approve the Public Hearing on August 18, 2004 for
the re-appropriation of the 2004 Budget; Council Member Benfield seconded the motion;
The motion carried.
all voted aye, none opposed.
Old Business:
A. Bill No. 907 – (Third reading) Commercial Design Standards
The Council
discussed the options of voting on Bill No. 907 now or waiting for a full
Council before a vote is taken. Council President Pugmire mentioned that Council
Member Fullmer indicated his approval of this Bill No. 907 before he left the meeting.
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After discussing the prior approvals on the 1 and 2 readings for Bill No. 907, the
Council decided that it was appropriate to consider this item for a vote. They discussed
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the timing of applications for Building Permits and when the Building Permits would be
subject to this new Design Standard. A Building Permit request is subject to the current
Ordinances that are on the books when the application is presented to the City. Council
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Member Young indicated that all of the Council has approved the bill in the 1 and 2
readings. Council Member Erickson concurred and indicated that he had read the
Ordinance and did not see any problems with the Ordinance 907. Council President
Pugmire indicated that the Council had made the necessary changes to the document and
he was satisfied with the final draft. The Council discussed the process that this Bill has
gone through and the indicated that it has been a good process. Council President
Pugmire indicated that the Mayor had indicated his approval of the Bill. Council
Member Erickson mentioned that City Staff had completed the necessary changes to the
document.
Council Member Erickson
moved to approve the third reading and final passage of Bill
No. 907 for Commercial Design Standards; Council Member Young seconded the
motion; Council President Pugmire called for a roll call vote.
Those voting ayeThose voting nay
Council Member Erickson None
Council Member Young
Council Member Benfield
Council Member Pugmire
The motion carried
to approve Bill 907 for Commercial Design Standards for Rexburg.
8. City Council Report:
A. Council Member Farrell Young – None
B. Council Member Donna Benfield thanked the City on behalf of the Chamber of
Commerce for the Mayor’s Reception that was held last night. The Mayor presented
gifts to the Dance Festival Teams and welcomed them to the City. Council President
Pugmire expressed thanks to Council Member Benfield for all of the successful Dance
Festivals she has been involved with in the past and for her contribution to the
Community. It is a year around process to hold these International Dance Festivals.
Council Member Benfield does magnificent work on the event. Kurt Hibbert commented
that at the Mayor’s Reception last night there were comments from team members that
this is the best organized Dance Festival that they have attended in the world.
C. Council Member Rex Erickson – None
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D. Council Member Paul Pugmire – The Golf Board will have a meeting on August 12,
2004 at 8:00 p.m. at City Hall to review the design with the consultant (Richard M.
Phelps) on a new 9 hole Golf Course at Teton Lakes Golf Course. Those interested are
invited to attend the meeting.
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E. Council Member Nyle Fullmer - absent
F. Council Member Garth Oakey - absent
Report on Projects & Quick Wins:
None
Tabled requests:
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Bill No. 911(Second Reading)1 Reading – December 03, 2003)
for booting cars (
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(Scheduled for the 18 of August)
Adjournment
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