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