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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 rd Jack Bowman from the Recreation Department reported on the progress of the 3 th 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 1 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 2 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. thth 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 . 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. 3 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 stndrdthth 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 stnd 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. 4 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 rd 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 5 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 th 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 th 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 nd 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. 6 th 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 th 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. rd 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. . 7 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 8 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. 9 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. th 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. stnd 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 10 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 stnd 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 th 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. 11 E. Council Member Nyle Fullmer - absent F. Council Member Garth Oakey - absent Report on Projects & Quick Wins: None Tabled requests: st Bill No. 911(Second Reading)1 Reading – December 03, 2003) for booting cars ( th (Scheduled for the 18 of August) Adjournment 12