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HomeMy WebLinkAbout2004.08.18 CITY COUNCIL MINUTES CITY COUNCIL MINUTES CITY OF REXBURG August 18, 2004 7:30 P.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: All Council Members were present. 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 August 04, 2004 meeting B. Approve the City of Rexburg Bills Council Member Fullmer moved to approve the Consent Calendar; Council Member The motion carried. Oakey seconded the motion; all voted aye, none opposed. 1 Public Comment: on issues not scheduled on the agenda (limit 3 minutes) th Jordan Busby – 752 South 5 West – complained about a ditch that services his thth property. The ditch was disrupted by a new subdivision at the corner of 7 South and 5 West about a year and a half ago. The developer (Hyde Park) installed 2 culverts in the place of one culvert that have since been damaged several times by backhoes. This has caused the water to leak out into the right of way. The water is a problem two or three times a month whenever. Jordan spoke with Mayor Larsen and John Millar about this issue. He was concerned about the mess, and who would pay for it when the developer leaves the project. The water comes from the canal. Jordan asked the Planning and Zoning Department to close the project down until the culverts are fixed. The Council discussed the users of the canal. Jordan asked the Council to provide some help to resolve the problem. Council Member Erickson asked Jordan what he recommended as a solution to the problem. Jordan recommended red tagging the project until a section of new pipe (culvert) is installed and tested for leaks. Jordan did not think that the project had been properly inspected. Jordan indicated that there is only about a foot of dirt over the culvert. This makes it easy to poke holes in it with signs and outrigger legs from a backhoe. The developers did not consult the canal owners in the breach of the water system. Kurt Hibbert reviewed the project on the overhead screen. The opened ditch was closed off with two culverts. Jordan asked Planning and Zoning to go out and rectify the project. Council Member Pugmire asked Jordan to verify the location of his home on the overhead screen. Council Member Young asked if others were affected with this problem. Jordan indicated he was the only one using the culvert. Council Member Benfield thanked Jordan for coming into the Council with this issue. Steve Myers – 1159 North 3000 West – is a teacher at Madison High School. He asked the Council to approve an educational donation to a new student built home by waiving the water and sewer permits. Last year there were over 100 students involved in the last student built home that was built in 2003. Council Member Erickson asked if the project pays it’s own way. Steve mentioned that it is not self funded yet. 2 Council Member Young asked if the project passed the normal inspections. Steve was st asked to bring this request to the Council meeting as an agenda item on September 01 for a decision. The City will issue a temporary permit until the Council can make a decision on the request. New Business: Tabitha Webster – 96 East Moran View – represented theMayor’s Youth Advisory Board. They are requesting a Party on College Avenue for the Community. It will be a family event. They asked the Council to participate in a dunking booth. The “Party” will th be held August 27 as a “Back to School Party” which will include a bike rodeo. It will begin at 6:00 p.m. on College Avenue. At 7:00 p.m. the Party will shift to a youth- oriented street dance. Local bands including “Down and Out”, “Opskametrists”, and “National Holiday” will be providing live entertainment until 9:30 p.m. when a movie will be shown on the wall of a building across the street from the Inkley’s Photo Shop. The movie will end at 11:30 p.m. There will be concession stands for treats. Council Member Fullmer will participate in the dunking booth event. Council Member Pugmire will participate in the dunking booth event. City Attorney Zollinger reviewed the City Ordinance requiring the sound systems to be controlled after 10:00 p.m. Mayor Larsen asked the Council to get the word out to their constituents on this “Party” for families. Safety issues will be highlighted at the event. Public Hearings: Joint Planning and Zoning Hearing on the Comprehensive Plan Planning and Zoning Commission Members attending: Mike Ricks Steve McGary Randy Porter Mary Haley Ted Hill ? 7:45 p.m. Comprehensive Plan – Comprehensive Plan 2020 and Map Kurt Hibbert – Mayor Larsen opened the Comprehensive Plan Public Hearing open for pubic input: Mayor Larsen excused Commissioner Winston Dyer due to prior commitments. 3 Kurt Hibbert reviewed the Comprehensive Map on the Overhead Screen. He explained that the Comprehensive Plan Map could be changed every 6 months. The text for the Comprehensive Plan can be amended anytime on an ongoing basis. The Planning Commission has approved this Comprehensive Plan Map for this Public Hearing. Kurt showed the old bubble map on the Comprehensive Plan Map to the public. It had sweeping lines that were not based on parcel boundaries. Public Comment was opened : nd Bruce Williams – 262 South 2 East – explained that he has a big lot and asked if the property could be zoned to Medium Density Residential (MDR). He is concerned with maximizing the value of his property because of its close proximity to the University. Bruce indicated that his lot is large enough to facilitate higher density. Terry Bagley – 423 Yale Avenue – asked for the property on Trejo Street to be Zoned Highway Business District (HBD) instead of Multi family Residential (MDR). He has plans to add additional commercial businesses to his development which is located west th of the South Yellowstone Hwy near 4 South. The new street is called Trejo Street. Mayor Larsen reminded the group that the Comprehensive Plan does not address Zone changes. Zone changes would be addressed in a separate public hearing. rd Don Sparhawk – 37 South 3 East – representing the East Main Neighborhood Association thanked the Planning Commission for trying to protect their neighborhood for single family housing. Don read a statement of neighborhood support for the neighborhood remaining a single family neighborhood. He was concerned with incompatible uses in the neighborhood. He was concerned with the word “flexibility” in the language for the Comprehensive Plan in their area. Don reviewed the area of concern on the overhead screen. The area of concern was near the hospital. He thanked the Planning Commission for their efforts to support a single family neighborhood in this area of the City. Brian Schmidt – on Hillview Drive – expressed his concerns with the South Arterial that is planned for access to the City as a southeastern beltway. He read a statement of opposition to having a road coming close to their existing neighborhood in Cresthaven th Subdivision. He asked that 7 South be used for the access to this east belt loop. They understand the possibility of a two lane road at that location; however, they would oppose a four lane road at that location because of the impact it would have on the quality of life for their neighborhood. th Commissioner Mike Ricks asked if they would use 7 South instead of Poleline Road to access the west side of town. This would help the farmers avoid extra traffic on Poleline Road. Brain indicated that traffic would take the shortest path to the west. He reiterated the fact that they would not object to a two lane road next to Cresthaven Subdivision on the south end of the subdivision. The Neighborhood Association would be opposed to a four lane high speed road next to their Subdivision. 4 th Council Member Oakey reviewed the location of the University Housing on 7 South. Council Member Pugmire asked if their group had expressed these ideas to the Idaho Transportation Department (ITD) during the recent Transportation Plan Study public hearings. Matt Cronin – C&B Operations LLC, 30965 West Hwy 212, Gettysburg, South Dakota, 57442 owner of John Deere (agricultural store and equipment dealer) asked for the Council to move forward with his request for annexation with the existing zoning. Richard Smith - BYU-I (Legal Council) supported the most restrictive zoning and have the developer request the changes. He asked to leave the property south of the University and against Poleline Road as Agricultural (AG). The University is highly committed to the South Arterial. We need to maintain our east west roads. He mentioned the Cresthaven Subdivision’s proposed road needs to be big enough to move traffic from the east to the west. rd David Pulsipher – 334 South 3 East – represented his Neighborhood Association. They are concerned with allowing multi family use in the Comprehensive Plan for property against the west Harvard Avenue parcels that are on the north end of Harvard ndnd Avenue. He reviewed and L shape of property starting on the corner 2 South and 2 East then running south along Harvard Avenue. It is a gateway into a residential area. He requested that the old Comprehensive Plan designation for this small area remain in effect. Keep it a single family designation on the Comprehensive Plan. rd Steve McGary asked if Harvard Avenue residents would join the 3 East Association. David indicated that they wanted to form their own Association. nd Brian Memmott – 58 East 2 North – requested more information on the Mixed Use Zoning that is being proposed. He asked if there was any consideration for single family homes with this designation. Professional Office space and Single Family Residential is the types of use for Mixed Use designations. Kurt reviewed the proposed Mixed Use st designation at 1 North and Center. Kurt reminded Brian that the Mixed Use designation is a land use designation. rd Ron Bird – 58 South 3 East – indicated that surrounding property values will go down when the zones change to multifamily. He commented on the appearance of the new construction for multifamily housing in the City. He commented on the four plexes that are being built behind residential homes in neighborhoods that have been zoned multifamily. Ron referred to the four plexes as having an army barracks appearance. Mayor Larsen introduced 18 requests for changes to the Comprehensive Plan. 5 Requests came from the following parties as delineated by Kurt Hibbert: 1)Bagley Enterprises requested a Commercial use for 5 and ½ acres north of Trejo Street. 2)Don and Marsha Sparhawk requested the continuation of the current use of Residential instead of Commercial Mixed Use for the area south of East Main Street. nd 3) Florence Bowman requested the area between 2 East and the Hospital remain Residential instead of an undefined Mixed Use area. She was concerned with the area being blighted by the possible move of the Hospital as the population grows. 4)Alyn B. Andrus requested the area east of the Professional Plaza to Ash Street remain a Residential Use. 5)Helen Lamprecht requested the East Main Street area to remain Residential Use. 6)Eileen Peck requested the East Main Street area remain Residential Use. She requested that the entire area around Smith Park remain Residential Use. 7)Marjorie Goodliffe requested the East Main Street area remain Residential Use. 8)Raymond Hill requested the East Main Street area remain Residential Use. nd 9)Joseph West recommended the City install (Round a Bouts) starting with 2 East and Crest Haven Subdivision. 10)Helen Lamprecht requested the East Main Street area to remain Residential Use. th 11) Brian Schmidt requested the South Arterial traffic be routed to 7 South and plan for a two lane road to pass by the south end of the Cresthaven Subdivision. 12) Matthew D. Cronin requested a parcel of land be changed from Agricultural Use to Commercial Use for the planned development of a farm equipment retail dealership. The parcel is located southwest of the Rexburg South Interchange. 13)David Teigen requested a parcel of land be changed from Agricultural Use to Commercial Use for the planned development of a farm equipment retail dealership. The parcel is located southwest of the Rexburg South Interchange. 14)Boyd Cardon requested that the City and County develop a Recreation Area along th the South Fork of the Teton River between 2000 West (12 West) and 3000 West. 15)Pat Hinton and Mae Burns requested the East Main Street area to remain Residential Use. nd 16)Bruce E. Williams requested Multi-family Use for his location at 262 South 2 East. ndstrd 17)Gary Thompson requested Multi-family Use on 2 East from 1 South to 3 South. th 18)Citizen requested the South Arterial traffic be routed to 7 South and plan for a two lane road to pass by the south end of the Cresthaven Subdivision. Mayor Larsen closed the public input portion of the Public Hearing. Council and Planning Deliberations on Testimony Mayor Larsen thanked the Planning and Zoning Commission for getting the Comprehensive Plan Map to this point. He thanked the public for their testimony. 6 nd The Council discussed the properties adjacent to 2 East and the University. nd Council Member Fullmer discussed the 24 homes on the east side of 2 East from rd Main Street to 3 South. He indicated that 8 of the homes have some form of rentals. Five to seven (5 to 7) of those eight (8) homes are non owner occupied residential units. nd He mentioned that 2 East is continuing to evolve as the City grows. Council Member nd Fullmer commented on the plan to eventually eliminate the parking of vehicles on 2 East in his neighborhood as the Community continues to grow south. He predicted that nd the density of the area around 2 East would increase as the City grows. nd Commissioner Haley reviewed the rentals and single family homes on 2 East. She nd mentioned several properties that are still single family homes on 2 East. She commented on the student parking patterns that occur in the area irregardless of the parking restrictions imposed by the City. Two of the lots are owned by Doctors that are on the east side of Second East. She commented on the historical homes that are in that area. Council Member Erickson agreed with Mary that the Planning and Zoning Commission has presented a good Comprehensive Plan Map for the Public Hearing. Someone could change the plan down the road. nd Council Member Erickson asked why someone from this L shaped area on 2 East and nd 2 South are not at the meeting to provide public input. nd Raymond Hill indicated that he owns one of those lots on 2 East. He did not notify others in the area of the meeting. His preference is to keep a single family housing nd designation on the Comprehensive Plan Map for this 2 East area. Discussion from the group on the ability to change the Comprehensive Map every six (6) months. Council Member Pugmire mentioned that the residents of that area should be providing nd input to the Council on their desires for their properties on 2 East. The Council and the Planning and Zoning Commission discussed the effects of the requests to change some of the properties on the west side of Harvard Avenue from single family to multi-family. Council Member Erickson mentioned that there can not be change without some heartache for some property owners. He recommended giving the property owners a chance to make a change in the next Comprehensive Plan Map review. Commissioner McGary asked to leave the Comprehensive Plan Map as presented by the Planning Commission. 7 Commissioner Porter agreed with David Pulsipher’s Neighborhood Association’s recommendation. Mayor Larsen said to leave Residential designation for this area. Council Member Pugmire reviewed the reason for a Comprehensive Plan Map and indicated that it was not a Zoning Map. Commissioner Porter did not think there was a compelling argument to change the Comprehensive Plan Map to Multi Family for this area. Commissioner Haley was not in favor of changing the map from the old map. Those nd lots are very deep on east side of 2 East. Commissioner Hill was in favor of the proposed Comprehensive Plan Map for this area. He indicated that it gives the property owner the opportunity to have a change to a higher density. nd Council Member Fullmer explained that it is a nice area; however, 2 East is transitioning and may loose street parking. Some property owners want to market their homes at a multifamily rate. He recommended watching out for the interests of the nd people on both sides of 2 East. Value can be lost if the planning is not done correctly for this area. Council Member Erickson indicated that they can not satisfy all of the requests. It can be changed in the next 6 month Comprehensive Plan Map change. Commissioner Ricks favored the new Comprehensive Plan Map as shown. Mayor Larsen indicated that this Comprehensive Plan Map has been discussed by the Planning and Zoning Commission for one (1) and one half (½) years. There has been a lot of input from various areas of the Community. He mentioned Richard Smith’s comments to maintain an Agricultural designation for properties that have not been developed. The Council discussed the options (timing) for zoning change requests on properties that are not developed. Some of these properties are being used as Agricultural; however, the new Comprehensive Map shows the areas as residential. These are areas that are expected to grow into residential areas. Richard Smith’s comments indicated that these properties may not be developed as residential properties. Kurt Hibbert reviewed the request to change some of the new Comprehensive Plan Map properties back to an Agricultural (AG) designation. Council Member Erickson asked what difference it would make to the property if it was left as Agricultural or changed to another designation. 8 Richard Smith indicated that a requestor would have a harder time changing the Zone from Low Density Residential (LDR) than the existing designation of Agricultural (AG) in the Comprehensive Plan. Just leave it as an Agricultural Zone until it is sold for development. Council Member Pugmire and Commissioner Haley reviewed the issues for changing the zoning on a couple of properties. Council Member Erickson commented on the vision of the Comprehensive Plan Map per the Planning and Zoning Commission. They are looking at the vision of the Community in twenty years with this Comprehensive Plan Map. It may not be developed as the Planning Commission has envisioned. Commissioner Hill said it would be easier to change the zone if it was Agricultural (AG) instead of Low Density Residential (LDR). Commissioner Haley indicated that the lowest density designation was applied to properties to tighten the control on new developments. Commissioner Ricks mentioned that the property they were discussing on Poleline Road was changed to Low Density Residential (LDR) on the new Comprehensive Plan Map without the owner’s knowledge. He agreed with the landowner to keep the designation of the property as Agricultural (AG). The Council discussed the topography of the land on the hill by the water tower. There is a low area that has been a drainage area for runoff in the past. Council Member Fullmer asked from more time to review the proposed Comprehensive Plan Map. Council Member Fullmer moved to table the map discussing and approval to the next meeting. Council Member Pugmire seconded the motion; Discussion: Council Member Pugmire indicated that it is a difficult process. Council Member Benfield agreed to wait Mayor Larsen on a decision for one more meeting. reviewed the options for passing the Map or deferring the discussion to a future meeting to allow additional public comments. City Attorney Zollinger indicated that the Planning and Zoning Commission would have to provide “findings of fact” on the Public Hearing. City Attorney Zollinger indicated that the hearing could be reopened for additional input from the public at the next meeting on September 01, 2004. Mayor Larsen indicated that the Planning Commission meeting tomorrow night could complete the “findings of fact” from this meeting. Kurt Hibbert asked if the Planning and Zoning Commission would have to attend the next Council meeting. He also asked if the Planning Commission would have to amend the Impact area due to the changes in the Comprehensive Plan Map. City Attorney Zollinger indicated that the Impact Area would not require a change at this time. The City would be 9 adding to an existing Map (Impact Area) due to a change in jurisdiction, and that is allowed. Council Member Erickson concurred to wait on a decision to the next meeting. The motion carried. All voted aye, none opposed. ? 8:00 p.m. Budget 2004 Amendment - AMENDING ORDINANCE NO. 903, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 Public Hearing: Amend Current Budget for 2004 Richard Horner reviewed the proposed changes to the 2004 Budget. NOTICE OF PUBLIC HEARING CITY OF REXBURG, IDAHO Notice is hereby given that the City Council of Rexburg will hold a public hearing for consideration of an amendment to the 2003-2004 fiscal year budget by appropriating additional monies received by the City of Rexburg, said hearing to be held at City Hall, 12 North Center at 8:00 pm on the 18th day of August 18, 2004. All interested persons are invited to appear and show cause, if any, why such budget amendment should or should not be adopted. City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities related to the budget documents or to the hearing, please contact City Hall, 359-3020 at least 48 hours prior to the public hearing. PROPOSED ADDITIONAL EXPENDITURES RECREATION FUND 15,000 BUSINESS PARK FUND 160,000 POLICE IMPACT FEE FUND 30,000 DRUG ENFORCEMENT FUND 5,000 COPS GRANT FUND 160,000 ESD PAID CALL FUND 20,000 G.I.S. FUND 233,200 TRAILS OF MADISON COUNTY FUND 50,000 TOTAL $ 673,000 ESTIMATED ADDITIONAL REVENUES RECREATION FUND TRANSFERS IN 15,000 BUSINESS PARK FUND 160,000 POLICE IMPACT FEE FUND 30,000 DRUG ENFORCEMENT FUND 5,000 COPS GRANT FUND 160,000 ESD PAID CALL FUND 20,000 G.I.S. FUND 233,200 TRAILS OF MADISON COUNTY FUND 50,000 TOTAL $ 673,000 Expenditure of grant monies will be in accordance with provisions authorized by the grants. Mayor Larsen opened the Public Hearing. No Comments 10 The Public Hearing was closed. Discussion: Council Member Fullmer moved to approve the amendments to the 2004 Budget; Council Member Benfield seconded the motion; all vote aye, none opposed. The motion carried. Council Member Fullmer moved to suspend the rules on Bill 927: (Amend Current ); Budget for 2004 Council Member Erickson seconded the motion; all voted aye, none The motion carried. opposed. Council Member Fullmer move to approve Bill 927 amending Ordinance 903; Council Member Benfield seconded the motion; Those voting aye Those voting nay Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Garth R. Oakey The motion to approve Bill 927 carried. New Business: A. Mayors Youth Advisory Board Party was reviewed by Mayor Larsen: th “THE PARTY!” is the place to be on Friday, August 27. The City of Rexburg and the Mayor’s Youth Advisory Board are sponsoring a back to school party for families and the youth in the community. Hold on to your hats, because this will be an event to remember! Beginning at six ’o clock, College Avenue will be closed to traffic. There will be games, face painting, a sidewalk art contest, concessions, and plenty of fun things for families. At seven, the party will shift to a youth-oriented street dance. Local bands including: Down and Out, Opskametrists, and National Holiday, will be providing live entertainment until 9:30, when we will be projecting a movie onto the building across the street from Inkley’s Photo Shop. Do not miss the opportunity to say you were at “The th Friday, August 27, from 6:00-11:30 on College Party!”-- The only one that matters-- Avenue in Rexburg. We hope to see everyone there! B.Association of Idaho Cities Community Review Project Packets – Mayor/Council/Staff 11 Community Review ththth Mayor Larsen reviewed the process for the Community Review on the 7, 8 and 9 of September, and the roll of the Team Leads. The Council was invited to be involved as much as possible. The focus of the review will be to indicate “what we are doing right and what processes we need to do better”. Council Member Pugmire has a conflict with those dates; Council Member Young has a conflict too; Council Members Benfield, Erickson, and Fullmer will be available. Mayor Larsen indicated that the City would not be responsible for most of the expenses; however, there will be some meals provided during the event for some of the people that have been invited to participate. Council Member Benfield asked to have Tom Hudson address the upcoming Chamber Forum. Old Business: A. The 2005 Budget Appropriation Ordinance 925 Second Reading – Richard Horner Richard Horner explained the summary budget for 2005. The Council discussed the funding of Neighborhood matching funds for neighborhood grants to do work in their neighborhoods with matching funds from the City. They discussed how to include this process in the 2005 budget. Richard indicated that a reallocation of funding can be done within a Department’s Budget. Therefore, as an example, street projects in a neighborhood could be indicated in the 2005 Budget by a line item in the Street Department’s Budget without having a specific budget category. Council Member Pugmire moved to approve the second reading of Bill 925; Council Member Fullmer seconded the motion; all voted aye, none opposed. The motion carried. st B. Bill No. 911 (Second Reading) for booting cars (1 Reading – December 03, 2003) Van Elg – Off Campus Housing – reviewed the Section concerning a signed request for each booting occurrence. He maintained that property owners do contract with these booters. It is a private property issue. It falls on my shoulders as a property manager, it is should be self regulated. He indicated that managers will quit if they are required to be available at all hours to give permission for vehicles to be booted or towed. Van asked to have the language changed to some new proposed language. They have approach BYU-I Housing to provide literature (I Magazine) that would show parking problems. He indicated that signage is adequate to inform the students of the parking requirements. Van asked BYU-I to put parking information on their Web page. Many vacancies in apartment complexes make this parking issue less of a problem. Van requested that the City require videos or digitally recordings of booting activities. This would include time and date stamp information which would be available for review. Council Member Young indicated that three were not on the Council when this issue 12 came up. The City should not touch it. Mayor Larsen asked if the apartment owners felt that same way. Van’s group thought the Ordinance was unnecessary. Council Member Erickson agreed with Council Member Young. The City does not have the responsibility to monitor parking on private parking lots. Some get towed that should not get towed. Some do not get towed that should get towed. Council Member Pugmire is a long ways from voting on this issue. He is convinced that if the City does anything it should include the manager’s authorization to allow the tow. Council Member Oakey agreed; however, he commented on the conflict issues that arose when a car was booted. He is against booting as a means to control parking lot violations. Council Member Pugmire mentioned that it becomes a public issue when people call the police. At that level the City does have some involvement. The Council needs to give the police Department some direction. Van Elg discussed the number of complaints over a 5 or 6 month period. It is rather minimal for police calls at night. Maybe 2 or 3 police calls per month over a five month period. Council Member Erickson mentioned that the Police would get involved whenever there is a call for support. He does not believe the City should get involved with this problem. Council Member Young indicated that the City should not be in the position to govern or tell the apartment owners how to run their businesses. Van Elg mentioned that the booting activity did not begin until 15 minutes after curfew. Richard Smith agreed with Council Member Young; however, if the City goes down the path of this Ordinance, then the City needs apartment manager involvement. The City may find other options to address this issue. Not enough parking at a site should precluded booting for that parking lot. He recommended that the apartment owners allow a reasonable time for the students to leave before booting is allowed. Richard requested that the students have adequate time for dropping off dates. He agreed with self regulation. In order to affectively have self regulation; the Council should send a clear message for all apartment owners that they must abide by the same rules for all apartment owners. In the first hearing there were different requirements before the car was booted. The Apartment Owners Association should come up with uniform self regulating policies. It is a tragedy to have students get involved with disputes over this issue. He expressed his personal feeling with thousands of off campus students that he has been drawn into personally. Richard Smith is a liaison with the University. 13 Council Member Young asked if there needed to be a law to regulate this issue. Richard Smith suggested self regulation first; however, the city may need to regulate this issue if the apartment owners can not uniformly regulate the booting issues. nd Brian Howley – 310 North 2 East – is the owner of Elite Parking Services. He commented on issues of regulating a private parking lot per agreements with private parking lot owners. He indicated that his company has established contract relationships with these lot owners for the purpose of keeping the parking lots free of unauthorized vehicles. Brain indicated that they have a fundamental right to contract with the property owners to regulate these parking lots. Brian mentioned his City Business License for Elite Parking Services is to operate in the City limits. He wanted to offer some new proposals to the Council. 1) Take pictures of booting actions. 2) Don’t require liability insurance. Brian asked about requiring property damage liability insurance in the proposed Ordinance for $50,000. Council Member Erickson indicated that the insurance is required for his business protection. Brian mentioned that he does not have liability insurance due to the cost of the insurance. He asked if they could post a bond to cover damages instead of having liability insurance. Council Member Erickson indicated that his business is next to fire fighters with liability issues. There is great risk in this business. Council Member Erickson commented that the insurance fee would be worth it just to have an Insurance Company represent Elite Parking Services in a dispute. Council Member Erickson indicated that the reason for the insurance is to cover law suits, etc. 3) Company identification for employee’s personal vehicles that are not on duty. Brian asked if they could use magnetic signs on personal vehicles. 4) Limit to $300,000 minimum liability. 5) Remove a valid Idaho driver’s license as a requirement. 6) Clarify the competent evidence requirement. Mayor Larsen reviewed the reason for the issue coming before the Council. Should the City get involved? Council Member Young asked Brian to coordinate the resolution of these booting issues with Van Elg. Darren Helm – Rexburg Parking Security and All American Towing – explained the problems with booting the vehicles in private parking lots. He indicated that it could be self regulated. He keeps a log with activity in the different complexes. The parking problem could be helped with street parking in the winter time in and around campus. At 1:00 a.m. or 2:00 a.m. in the morning the parking lots are packed. He wanted the City to allow student parking on the streets in and around Campus during the winter months. This would eliminate a lot of complaints. He has done this for 6 years. It’s not an easy business. He tries to limit the booting to the worst violators and does it as though it were his own parking lot. He indicated that Van Elg helps him regulate the volume of business. He keeps a log of his business activity. 14 The Council discussed the issues and asked the Chief of Police to comment on Police Chief Archibald involvement. indicated the he has been embarrassed with past situations (conflicts) between students, parents, and the booting companies. He will support the proposed ordinance if passed by the Council. Van Elg mentioned that they have an appeal process in their organization. He discussed ways to have a self regulation policy with the University and other apartment owners. Council Member Pugmire asked if Van needed assistance with a City Ordinance. Van said no. Richard Smith mentioned one option the Council may consider would be to delay the third reading until the Housing Association could come up with some self regulating policies. The Housing Association could demonstrate the use of these policies during the upcoming semester with the student body of BYU-I. Mayor Larsen asked to allow time for the booters, the apartment owners, and the University to work it out. If the Booting Ordinance is not necessary after that period of time, the City could drop the booting ordinance. nd Council Member Pugmire would not support the 2 reading of the Booting Bill at this time. nd The Council did not make a motion to read the Booting Bill 911 a 2 time. Van Elg mentioned there is a problem with moving snow out of private parking lots. C. BILL No. 915 (Third Reading) ADDING A NEW SECTION TO THE ZONING ORDIANCE 725 FOR CELLULAR TOWERS ENTITLED "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS". The Council discussed the history of the Bill and requested information on any input from interested parties since the last meeting on the issue. Council Member Fullmer asked about specific public input from people that had given input in the past. rd Council Member Pugmire moved to approve the 3 reading of Bill 915 as amended; Council Member Erickson seconded the motion; Those voting aye Those voting nay Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson 15 G. Farrell Young Garth R. Oakey The motion to approve Bill 915 for Cellular Towers carried. D.Neighborhood Matching Fund – The City would allocate a pool of money for neighborhoods to seek application through a type of City Grant program. They could make application to receive matching funding through a Committee approval process. The funding could amount to $25,000 for the first fiscal year in 2005. A line item could be created in each City Department by the third reading of Bill 925 for the 2005 Budget. City Council Report: A. Council Member Young – nothing to report. Council Member Benfield B. announced the upcoming event “Rexburg Unplugged”. st The event the City approval to close off Center Street from Main Street to 1 South. The th event will be completed by 4:00 p.m. on the 4 of September. The event is planned to draw University students to the downtown area to meet the merchants. There will be about 30 businesses contributing discount packets for the event. Council Member Erickson C. received a complaint at the last Smith Park last Saturday when an event in the Park grew louder and louder as the evening event ended. There were eight widows around Smith Park that complained about the event. Council Member Pugmire D. explained that the Golf Board meeting was not well attended. There was general agreement and support for the plan for the new 9 holes. There was about 1/3 of the members that liked the Prairie Dunes links look. The Board is very careful to be in communication with the Canal Company. Council Member Fullmer E. mentioned that there will be new hires in the Water Department and the Sewer Department in the next 30 days. The fireman’s dinner was a reasonable success. Council Member Oakey F. indicated that the Museum Board had asked Peter Thompson to be the new Chairman. The Parks and Recreation meeting was cancelled. Mayors Report: Tabitha Webster has been working with the Mayor’s Office as an Intern. She will work on the Committee assignments. She will help coordinate the functions of the City Committees concerning keeping minutes at City Hall, communications to the Committees by emails, etc. Kiwanis Club commitment of $2,000 for basketball standard at Smith Park this year and another $2,000 for next year. Council Member Oakey resigned from the Council to take a position with a firm in Nevada. Mayor Larsen presented him with a plaque and thanked him for his service to the City of Rexburg. 16 Report on Projects & Quick Wins: John Millar reported on the Water Tower painting project. They are painting on the inside of the tank. EMS wants a 10 foot Antenna on the water tower below the tallest st point on the structure. The new Shop Building will be under construction close to the 1 of September. The City has bid a street maintenance project that will close tomorrow. The proposed budget for design work on South Arterial is estimated to be $128,000. The University has committed to help in the design phase. Tabled requests: None Executive Session for a Personnel Contract Council Member Fullmer moved to go into Executive Session for a personnel Contract per Idaho Code 67-2345 (C). Council Member Pugmire seconded the motion. Those voting aye Those voting nay Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Garth R. Oakey The motion carried Executive Session. Executive Session ended. Adjournment 17