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HomeMy WebLinkAbout2004.09.01 CITY COUNCIL MINUTES CITY COUNCIL MINUTES CITY OF REXBURG September 01, 2004 Draft 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 Vacant 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 Mayor Larsen welcomed the scouts to the meeting. Roll Call of Council Members: 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 18, 2004 meeting B. Approve the City of Rexburg Bills Council Member Young moved to approve the Consent Calendar; Council Member The motion carried. Erickson seconded the motion; all voted aye, none opposed. 1 Public Comment: on issues not scheduled on the agenda (limit 3 minutes) th Richard Smith reviewed the 7 South construction concerning the new LDS Stake Center and Temple Site. It is moving forward as planned. He gave a very preliminary site plan for those buildings. The westerly building will be the Stake Center which will come under construction in early October, 2004. The program requirements for the new Temple have been completed and project designs will be the next step. The City and the th University have entered into an agreement for the widening of 7 South. th Council Member Young asked about the proposed crosswalk for 7 South. The final th design has not been completed. Richard explained that the possible entry points on 7 nd South and 2 East for the development have been identified. New Business: A. Brentwood CondominiumsFinal Plat – Permit #04-00180 Kurt Hibbert reviewed the development on the overhead screen. The plan will convert the units into Condominiums. The Planning Commission recommended Council approval. Jay Jenks from Hyde Park Utah – reviewed the nice addition to the area with added parking features. There have been car ports added to some of the units. Council Member Erickson moved to approve the final plat for Condominiums; Council The motion Member Pugmire seconded the motion; all voted aye, none opposed. carried. .Continued Discussion on the Comprehensive Plan Map B CContinued Discussion on the Comprehensive Plan Text . Mayor Larsen asked the Fujimotos to address the Council on their areas of concern for the Comprehensive Plan Map. Shiro Fujimoto asked to change their farm ground to Commercial Use from an open space designation on the current Comprehensive Plan. He mentioned that everything west of the canal needs to be Commercial Use and everything east of the canal could be designated as Single Family Residential. He requested that University Blvd be located off from the section line which would have all Commercial lots on both sides of the road in their property. Shiro recommended having two strips of green space adjacent to University Blvd. They are planning to farm the land for the foreseeable future. Council Member Erickson reviewed the open space that is presently planned for that area. He indicated that the plan had some merit. 2 Mayor Larsen asked John if the road design could be changed. John indicated that either design would work for the Engineering of the road. Council Member Young asked if Keller and Associates have reviewed this proposal. John Millar indicated that this design has been reviewed earlier by Keller and Associates. Mayor Larsen indicated that this did present a Blvd atmosphere. Council Member Pugmire asked if this proposal includes other property owners. It may come close to property east of the canal. Council Member Erickson indicated that it would affect that property with either proposal. Mayor Larsen asked if the Council would prefer to address each proposal individually or all together. Council Member Pugmire mentioned that a road design is a long lasting event and should have input from other parties. John indicated that the road design will be off the th property line. A citizen offered a comment on the 5 West Street. It becomes quite narrow as the road goes south. Council Member Young asked if the last meetings decisions were updated in this current map. Kurt mentioned that some of the changes will be addressed in the County Transportation Plan. nd Council Member Fullmer asked about the west side of 2 East. Were those proposed nd changes made on this map? Kurt indicated that the changes on Cornell and 2 East were made on this draft map. Mary Haley asked if the Council was planning for a City Park on the University Beltway. She indicated that the Planning Commission planned to have a City Park in this area for the south entrance to the City. Kurt Hibbert reviewed the bubble map which showed open space in the area. The current Comprehensive Plan Bubble map showed multifamily for part of that property. Mayor Larsen indicated that the City does need to plan for a park in that area. The City would have to purchase property for a park. John Millar indicated that Impact Fees have encouraged Developers to donate land for City Parks instead of paying Impact Fees. Mary asked the Council not to forget City Parks in planning process for this area of the City. The Council indicated that they were favorable to the proposed road changes. Council Member Pugmire recommended that the map should be republished after these changes have been approved by the Council. 3 Council Member Benfield asked about the width of the road and the proposed green space. Shiro Fujimoto did not know the exact widths at this time. Mayor Larsen asked the Council to turn their discussion to Cornell Avenue. Kurt Hibbert reviewed the planning history concerning changing Comprehensive Plan Map on the property east of the University. The current Comprehensive Plan Map shows LDR1 use for Cornell Avenue. The Planning Commission had proposed to change this use to Multi-Family Use. Community input at the last Council meeting caused the Planning group to revisit the proposal. After a discussion at the planning level, they recommended leaving the Comprehensive Plan Map as single family use for an L shape nd area on Harvard and 2 South; also, the area around Cornell Avenue. rd Steve Oakey – 25 South 3 East – reviewed a home that was pictured in the proposed Comprehensive Plan. Steve mentioned that it was important to note that the house has been removed from the property. Many other older homes have suffered a similar fate. He compared Cornell Avenue to College Avenue where private single family homes have been converted into rentals. It becomes a deteriorating area as single family homes are replaced with rentals. The Comprehensive Plan briefly mentions recapturing residential areas and maintaining the older homes in those areas. He asked for an amendment to include an incentive program to have people invest in these older homes. Max Craner - 261 Cornell Avenue – indicated that he was a spokesman for the Cornell Neighborhood. They have a get together meeting twice a year for their neighborhood. He indicated that the street is only 30 feet wide and there is only room to have parking on one side of the street. Out of 13 homes, 12 homes are owner occupied. To change to multi family would create a parking problem. Max and others on Cornell Avenue asked to maintain a single family neighborhood. Eleven residents from Cornell Avenue in the meeting indicated that they would request that their street remain single family. Council Member Pugmire asked if they were willing to give up development opportunities in the future. There may be future opportunities to sell their properties for multifamily housing if the Comprehensive Plan allowed for that use. Max indicated that they were united in the effort to maintain the neighborhood as it currently exists. ndnd Bruce Williams – 362 South 2 East – requested Multifamily Use for his area of 2 East. Traffic is somewhat “Terrible”. Noise from boom boxes in cars was one of the problems he mentioned. He wants to sell his property with the highest value possible nd which would be Multiple Family housing. He asked the Council to take both sides of 2 East and plan for some kind of change (Multiple Family or Commercial) that would nd accommodate the changes that are occurring on 2 East. It is becoming a thoroughfare. 4 ndnd Gary Thompson – 241 South 2 East – mentioned that 2 East is the worst street in the whole City. He can not get out of his driveway due to traffic. He has canvassed the street and found several neighbors that feel it needs to go to multiple family or mixed use. nd He asked the Council to use some common sense for the future development of 2 East. nd Steven Terry – 221 South 2 East – appreciates both views; however, he had concerns nd for the growth of 2 East. He would like to see the historic homes preserved. Half of the neighborhood would like to see the older homes restored. He recommended the same type of tending for both sides of the street. He leaned to restoration of older homes. Mayor Larsen asked Kurt Hibbert about a study area. Kurt mentioned that the area may not be either/or. The area has transitioned; however, there may be a special development that would meet the needs of both parties. The City needs good planning tools for this to happen. There may be an option C. Aaron Romney – 53 Millhollow Road - owns two lots on Cornell. His property was a maternity hospital and a four-plex at some point in the past. Students have occupied his nd home on the northeast corner of the L shaped properties that are being discussed on 2 South and Harvard Avenue. He wanted to continue the current use as multi-family. It has been used in that manner for decades. A single family dwelling designation would be devastating. Council Member Young indicated that Aaron could maintain his use even though the Comprehensive Plan may designate a different use. Kurt did not have any history showing a Conditional Use Permit for Aaron’s property. Aaron has had the property for twenty years. He wanted to be a better neighbor to the Cornell residents. Council Member Erickson asked about the homes that adjoin the back of the homes on Cornell Avenue. They are zoned Multifamily. The Council discussed the problem with the garbage that ends up in the alleys around nd Cornell Avenue and 2 East. Council Member Young indicated that if the alleys are City owned, the City should keep them clean. Donetta Reed – Cornell Avenue mentioned that she has to dust every day. She asked to have the alley paved. Council Member Young asked to accept Planning’s recommendation on Cornell nd Avenue and the L shaped properties on Harvard and 2 South for single family use. Council Member Young agreed with an LDR1 designation except for the units that are currently zoned MDR. 5 Council Member Pugmire asked to preserve Cornell Avenue as single family. He asked nd to treat 2 East differently than and LDR1 Zone. Council Member Fullmer mentioned the need to widen the streets as development ndrdnd requires a wider street. He mentioned that between 2 and 3 South on 2 East, the street needs widened. Those two blocks will be widened in the future. nd Mayor Larsen recommended a special corridor overlay on 2 East. The Council discussed the options with the residents on Cornell Avenue. Council Member Pugmire was not ready to adopt a plan without the tools. nd Council Member Benfield did not feel that a decision could be made on 2 East at this time. Council Member Erickson reviewed the discussion at the last Council meeting. They were unanimous with their decision. Now some Council Members have changed their position. The Planning and Zoning Commission voted 5 to 3 to change it to single family use. He discussed the changes that can come to a neighborhood like Cornell Avenue as nd the Community grows. However, change is going to happen eventually on 2 East. Council Member Fullmer mentioned that character and integrity of the area could be maintained if developed accordingly. The area is changing and will continue to do so. It does not have to be apartments. Mayor Larsen mentioned that a Multiple Family use designation would tie the Cities hands. City Attorney Zollinger indicated that the changes would need to be published with a follow up meeting on the issue. nd Mayor Larsen asked the Planning Department to come up with a corridor plan for 2 East before a decision is finalized. nd The Council discussed the multifamily uses on 2 South that are in an LDR1 Zone. They discussed what type of use would fit in a Special Use area. Mayor Larsen indicated that some units may have changed over time illegally. He recommended a new map and a new public hearing showing a Special Use Corridor on nd 2 East. nd Council Member Pugmire indicated that 2 South should be considered in the Corridor ndnd discussion. He mentioned that 2 South was a different discussion that 2 East. 6 nd Mayor Larsen asked for a letter from John Harrison at 178 East 2 South to be put in the minutes. A second Pubic Hearing for the Comprehensive Plan will be held October 06, 2004. Richard Smith reviewed the property off Poleline Road that was recommended to remain Agricultural in the Comprehensive Plan. The University has completed negotiations for that property. BYU-Idaho has taken ownership of the Erickson Property and they plan to use it for agricultural purposes. Richard asked that it be classified as University property on the Comprehensive Plan. It will be used as AG for a long time. The Council asked the Planning Group to change the Erickson property to University property. He indicated that the University would request an open space ribbon around the University Blvd. Their approach is to have wide open spaces along University Corridors. The University will come in to the City for a zone change and maybe annexation of this property is in the future. Council Member Young entered two letters concerning the Comprehensive Plan in to the record. Council recessed for a few minutes: Council Member Benfield requested to be excused for a prior commitment. Joe Allen – 176 East Moran View, Century 21 – indicated that a property owner on West Main in the Impact area wants a Commercial Zone. There was some discussion on extending the Commercial Zone into the Impact Area. nd They discussed the Commercial Zone on North 2 East. There is a 600 foot Commercial nd strip along 2 East. Chairman Dyer of the Planning Commission indicated that the Commission would not be in favor having Commercial sprawl. He indicated that the Commission would not be favorable to extending the Commercial Zone beyond the width of a City block. John Millar reviewed the request on Hwy 33 to extend the Commercial Zone into the Impact Area. There was some discussion on changing the road alignment on the curves in the future. The road is a State Hwy and maintained by the Idaho Transportation The Comprehensive Plan Map discussion ended. Department. D. Hookup fees for Water and Sewer – John Millar & Richard Horner Waste Water Treatment Plant Hookup Fees Richard Horner explained the process for sharing the cost of the Treatment Plant Asset with new customers. The average historical cost per day is $2.76 gallons at peak capacity for an average home. An average home will use 328 gallons per day. $2.76 x 328 is $905.00 per connection. The current bond is not being paid down sooner by increasing 7 these fees. The new funds are put into a fund for expansion of City facilities. Richard asked the Council to approve a Public Hearing for this request to increase connection fees. The Council discussed the reason to have a Public Hearing. Richard indicated that if the requested increase is over 5%, a Public Hearing is required. NOTICE OF PUBLIC HEARING PROPOSED FEE INCREASE EFFECTIVE SEPTEMBER 16, 2004 CITY OF REXBURG, IDAHO A public hearing will be held for the consideration of the proposed fee increase effective September 16, 2004. The hearing will be held at City Hall, 12 N. Center, Rexburg, Idaho, at 8:00 pm, on September 15, 2004. All interested persons are invited to appear and show cause, if any, why such fee increase should or should not be adopted. Additional information is available at City Hall during the regular office hours (8 am to 4 pm, weekdays). 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. This notice is given to the provisions of Section 63-1311A, Idaho Code and all amended thereof. The following fee increase resolution is proposed: RESOLUTION 2004-15 A resolution of the City of Rexburg, Idaho, adopting a new rate schedule for WATER AND SANITARY SEWER (hereafter called sewer) HOOK-UP FEES. WHEREAS, the City Council desires to maintain the overall quality of life experienced by its constituents; and WHEREAS, the City Council in behalf of ratepayers have invested substantial sums of money in plant and equipment in its water and sewer systems; and WHEREAS, the City Council desires to collect from all new water or sewer users an equitable hookup fee that reflects the prorated value of investments in plant and equipment; and WHEREAS, the City Council desires to collect from any water or sewer user, who substantially increases their usage of the water or sewer systems, an equitable increased capacity usage fee that reflects the prorated value of investments in plant and equipment; 8 NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Rexburg, effective September 16, 2004, the water and sewer hook-up fees to be charged for new hook-ups, based on gallons per day (gpd) capacity to be used, shall be as follows: HOOKUP FEES Water Sewer WaterSewer In-City In-City Out-of-CityOut-of-City Minimum and All Homes$1334 $905 $2001 $1358 Over 328 gal/dayn/a $2.76/gpd n/a $4.14/gpd Over 1667 gal/day$0.80/gpd n/a $1.20/gpd n/a Homes shall be defined as any single family dwelling with no business usage. The minimum amount of capacity, based on expected future usage, to be charged to any new user, except homes, shall be calculated by the Public Facilities Coordinator, the Finance Officer or their designated representative. In the event that any user, other than homes, that paid a hook-up fee after May 18, 1999, and uses for a time period of more than 30 days, more than ten percent (10%) over the volume per day that was purchased, that user shall be required to increase their purchased volume hook-up fee to the new level using the prevailing rate. In the event that any user, other than homes, that paid a hook-up fee before May 19, 1999, and whose most recent average volume calculation is over 100,000 gallons per month, uses more than ten percent (10%) over the highest monthly average volume calculations between October of the 1997 and September of 1999 for a time period of more than 30 days, that user shall be required to purchase the additional volume capacity using the prevailing rate. Any user may request a review by the City Council as to the appropriateness of the calculated minimum or increased capacity to be charged for. Any user can purchase additional capacity at any time with the written consent of the City. The Wastewater Treatment Capacity Buy-in Fee for any other cities shall be $3.50 per gpd. Council Member Erickson asked how much was in the fund at $575.00 for a connection fee. Richard indicated that about $936,000 was in the fund. A new City well that is planned for the City will cost over $600,000. The buy-in fee for additional capacity for other Cities (Sugar City and Teton City) will increase from $3.00 to $3.49 (gpd) gallons per day. 9 Richard Horner reviewed the proposed new water connection fee. The City connection fees are about in the middle of the road compared to other City’s connection fees. The fund is needed to keep up with expansion growth needs for the City. The new fee is Present Value (minus) Debt divided by the capacity. calculated by the Residential (Total System Equity)/Average Capacity = Cost per gal. $9,141,391/11.393,280 = $.80 $1,334 $.80X1667gpd= The current residential connection fee is $1,100 and the requested fee is $1,334. Council Member Young was uncomfortable with a jump so high. Council Member Pugmire moved to have a Public Hearing on the proposed hookup fees for water and sewer; Council Member Erickson seconded the motion; all voted aye, The motion carried. none opposed. Old Business: A. 2005 Budget Appropriation Ordinance 925 (Third Reading) Richard Horner reviewed the 2005 Budget. He modified the original property tax amount from 1.8 million to 1.5 million after getting the final numbers from the County. This would allow for a contingency of $268,000 for the general fund. The school resource officer’s revenue fund was reduced from $169,000 to $111,000. The Council discussed the need to have a budget item for the Animal Shelter. Council Member Erickson moved to approve Bill 925 for the 2005 Budget as amended; Council Member Fullmer seconded the motion; Those voting Aye Those voting Nay Paul Pugmire None Nyle Fullmer Rex Erickson G. Farrell Young The motion to approve the 2005 Budget carried. B. Community Review (Association of Idaho Cities) Mayor Larsen reviewed the project and asked the Council to participate as much as possible. The Community Review will have an online survey www.rexburg.org that asks questions of concern for the City. The Mayor asked the Council to pass the word along. The Council was invited to get assigned to a specific home team or area of expertise. 10 Council Member Pugmire expressed his regrets for being out of town to the National League of Cities meetings for part of the time. Council Member Young will be out of town too. th C. Report on the “PARTY” – College Avenue August 27, 2004 sponsored by the Mayor’s Youth Advisory Board Tabitha Webster indicated that the students had a fun time. The bands were awesome; however, the movie flopped. About 200 to 300 people attended the outdoor event. The Council thanked Tabitha and the organizers of the event. Mayor Larsen indicated that the Police Department supported the event with police presence. D. Donation of Water and Sewer hookup fees for a High School Educational Donation for the construction of a Residential Home – Steve Myers Council Member Pugmire asked the City Attorney if this would present a legal problem. City Attorney Zollinger indicated that there is not a prohibition from one Government entity giving to resources to another Government entity like School District 321. The Council discussed concerns about the revenue that is created from the sale of the home being invested in the same shop program. There were some concerns of the revenue being used in the School Education Foundation fund. Council Member Erickson was concerned with the control of the shop department funds. Council Member Pugmire would prefer that the revenue from the project be under the control of the School Board, an elected body. Council Member Fullmer moved to approve a donation for a water connection fee of $1,100.00 and a sewer connection fee of $575.00; Council Member Pugmire seconded The motion carried. the motion; all voted aye, none opposed. Public Hearings: None Mayors Report: Mayor Larsen mentioned that a letter was sent to all the ecclesiastical leaders in the Community requesting participation in the previous Neighborhood Pride Days event. A 11 return letter from Greg Moeller, the Stake President of the Church of Jesus Christ of Latter Day Saints Rexburg East Stake, indicated that their church group of 250 youth participants worked on a Humanitarian Project making 90 blankets and other items for the disadvantaged. This effort would qualify as a Community Neighborhood Pride Days Project. Projects: John Millar bid the street project for 2004. There were four bidders: HK Contractors, Zollinger Construction, TMC, and Edstrom Construction. The low bidder was Edstrom Construction. The Engineer’s estimate for the projects was $590,000. The actual low bid was $577,000. The Church of Jesus Christ of Latter Day Saints is paying for the th widening of 7 South. The construction will be starting tomorrow and the completion will be done before Winter. There will be a $500 a day penalty for time violations. John Millar indicated that Evergreen Kiwanis Park has been planted with grass. There were four bidders and Early Bird was awarded the bid. The playground equipment has been assembled. Mayor Larsen and Council Member Oakey worked on the project. The water right to water the Park is part of the water right held by the Evergreen Subdivision Developer for 30 acres. John Millar review the completion of both Airport projects this summer. The new shop bid has been awarded and the new City shop should be erected in two weeks. John Millar commented on the completion of the painting project for the water tank on nd 2 East. Ordinance 800 for sewer use will need to modify concerning surcharges for industries. City Council Report: A. Council Member Young – reported that the School Board has been paid for the Urban Renewal payment adjustment from a previous year. They are paid in full at this time. B. Donna Benfield – None C. Rex Erickson – None D. Paul Pugmire – None E. Nyle Fullmer – reported that Emergency Services had hired Steven Holley. F. Vacant Report on Projects & Quick Wins: Tabled requests: Adjournment 12