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HomeMy WebLinkAbout2004.09.15 CITY COUNCIL MINUTES CITY COUNCIL MINUTES CITY OF REXBURG September 15, 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 Irma Anderson 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. They were working on Citizenship in the Community Merit Badges. They were provided copies of the City Budget. Roll Call of Council Members: All 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 September 01, 2004 meeting B. Approve the City of Rexburg Bills Council Member Erickson moved to approve the Consent Calendar; Council 1 Member Young seconded the motion; all voted aye, none opposed. The motion carried. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) Dwight Wray explained that he approached the Community Development Office concerning possible site plan reviews for a site plan. They sold the home in June after they explored different site plan options with the City Staff. The Planning Department billed them $680.00 for the site plan review. After he made an inquiry, the review costs were reduced to $200.00. Dwight was unaware of any charges for preliminary site plan discussions. The Planning Department asked him to appear before the Council to waive the fees. Mayor Larsen asked the Council if he could review the request with Kurt Hibbert before making a decision. New Business: A.Appointment of a City Council seat vacated by Garth Oakey Mayor Larsen explained that it has been a good process to seek an appointment to the City Council. There were close to 20 letters of intent to serve on the City Council. He asked the Council to review the list and submit recommendations. After reviewing the letters from the applicants, the Mayor selected Irma Anderson for Council ratification. Council Member Pugmire moved to ratify Irma Anderson to replace Garth Oakey on the Council for the remainder of Oakey’s term; Council Member Benfield seconded the motion; Discussion: Council Member Pugmire indicated that Irma was a good choice. Those voting ayeThose voting nay Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young The motion to ratify Irma’s appointment to the Council was approved. The City Clerk swore Irma into office as a City Council Member. The Council Members welcomed Council Member Anderson to the Council. Council Member Anderson took a few minutes to explain her background. She came to Rexburg in 1969 after teaching in five schools in seven years. She taught 2 everything from elementary classes to high school courses before she became a professor at Ricks College. She has a Master Degree in Business with an emphasis on Business. She has taught accounting and computer word processing classes. She has been retired for three years from BYU-Idaho as the Dean of the College of Business for 11 ½ years. She is anxious to do what she can to support the Community. B.Final Plat Cedar Falls Subdivision Winston Dyer from “The Dyer Group”reviewed the final plat for the Cedar Falls Subdivision on the overhead screen. It is a 21 acre parcel bounded on the north by the Village Green Trailer Park and the Porter property and Pioneer Equipment on the south. It is proposed to have 20 commercial properties with an interior road system. There is a master plan to install a sewer line northward to the northwest corner of the Airport property for a lift station and a collection system. He reviewed the City service connection locations. Council Member Erickson asked about the entrances for the lots. Lots 2, 3, and 4 with frontage of about 200 feet will have entrances onto Airport Road with good separation. Winston indicated that the site plans for the individual lots will show the locations of entrances, sidewalks, parking drainage, utility connections, etc. Mayor Larsen asked the applicant about the issue concerning the Hwy 20 Corridor. The applicant plans to voluntarily put covenants in place that would require landscaping similar to landscaping done by Pioneer Equipment. It is a voluntary commitment to have covenants by the owner per Winston. Winston indicated that the Planning and Zoning Commission recommended approval of the Plat during their meeting on September 02, 2004. Council Member Pugmire asked about the developer’s commitment to the Planning and Zoning Commission for a berm similar to the Pioneer Equipment buffer for Hwy 20. He recommended that the motion to approve include a berm requirement. Winston Dyer asked the Council to state their intent. Council Member Pugmire moved to approve the Final Plat for Cedar Falls Subdivision contingent upon a site plan acceptable to Council which will include a berm and other aesthetic mitigation on the west boundary adjacent to the Hwy 20 boundary. Council Member Fullmer seconded the motion; Discussion: all voted aye, The motion carried. none opposed. C. Final Plat Walker Subdivision Winston Dyer from “The Dyer Group” indicated that he was the authorized representative of the owner for the review the final plat for the Walker Subdivision. The Subdivision is located just north of the High School ball fields. They have met 3 with the City Staff to address roadway issues. They moved the point of departure from the Subdivision as far west as they could to avoid disturbing the High School thnd ball fields. The road would connect to 4 North and eventually to 2 East. Winston disclosed that the original Barney Dairy Road easement was never recorded; however they could record it with this plat. Winston proposed some options for the road. A width of 68 feet and other options was reviewed for the Council. They are planning to negotiate a river parcel (Lot) with the City. Council Member Young asked about the bridge across the canal. It was relocated to the west to match up with the departure point of the new road from the Subdivision. Winston indicated that the owner is willing to provide the required right of way for a 68 foot street. The easement for Barney Dairy Road was donated to the City by the rd Walker family and it extends from 3 East over to the easterly boundary. Council Member Pugmire asked why they were not developing the whole property at this time. Winston indicated that it was a financial decision. Council Member Pugmire appreciated the willingness of the owner to square up the access for the road onto Barney Dairy Road and for the river lot for public access. Winston Dyer indicated that they are providing the master plan for good planning. th Council Member Erickson asked Kurt Hibbert about the exit on 4 North. It takes a portion of the equipment dealer’s lot and Cal Ranches lot. Kurt reviewed the right of way on the overhead screen that is adjacent to Cal Ranch and the John Deere business. Council Member Erickson was concerned with having the approvals of the property owner. Kurt indicated that the property agreements were in place. The road will curve slightly and will remain within City right of way. Council Member Erickson did not want to mislead anyone on the continuance of Barney Dairy Road. He thought the School District would prefer to keep that property. Kurt continued to review the plans for the subdivision. John Millar mentioned that the drawing was conceptual and would not be recorded on the final plat. th Council Member Pugmire asked if 4 North would be the only access to Barney Dairy Road. Kurt indicated that was correct. Council Member Erickson asked who approved the bridge over the canal. John Millar mentioned that Mayor Boyle and City Council approved the bridge. Council Member Pugmire moved to approve the final Plat for Walker Division 2 as presented; Council Member Pugmire amended his motion for the final Plat approval to be contingent upon proper recording of the Barney Dairy Road right of way. 4 Council Member Erickson seconded the motion with the amendment; all voted aye, The motion carried. none opposed. Ray Walker reaffirmed that the Walker Family wanted the City to have the Barney Dairy Road. Council Member Young asked about the cost of a bridge across the canal. Winston indicated that there is an executed document that indicates that the City will provide a bridge over the canal and a roadway to the canal. thth D. Set Time for Fall Clean Up (September 20 to October 29) John Millar proposed to have the Fall yard cleanup from September 20, 2004 to October 29, 2004. John explained what items could be picked up by the City crews. The weight of the bags would have to be less than 50 pounds. Council Member Benfield moved to approve the dates as recommended for the Fall cleanup; Council Member Young seconded the motion; all voted aye, none opposed. The motion carried. E. Refund Sewer Bonds information (Pass Resolution at the next meeting) Richard Horner mentioned that the DEQ purchased our sewer bonds and they need to refinance the bonds at no cost to the City. The Cities teamed up with State Treasurer to create a State Bond Bank to obtain lower rates and a better bond rating. The amount of $2,184,910 would be refinanced at four (4) percent with a DEQ reserve requirement of $446,499. The City would save over $11,000 to refinance the bonds at no cost to the City. If we default on our share of the bond, sales tax revenues would be used to make the payments. The bonds can be prepaid with a 30 day notice with no penalty. The refinance rate is based on the current interest rate before November, 2004. A higher interest rate would kill the deal. Council Member Young asked if the State was requesting this refinance proposal. Richard indicated that the Sate Bond Bank would free up about seventeen (17) million dollars to re-loan to other cities. Council Member Pugmire talked about the legislature needing 20 million dollars to make the program work. Mayor Larsen asked to have it on the agenda in the near future. Public Hearings: 7:30 p.m. - Idaho Community Development Grant A. (ICDBG) in the amount – of $500,000 Stacey Garitone 5 Mayor Larsen asked Stacey to review the grant application. The application is for 1.5 million dollars to construct a water tank, booster pumping station and associated water lines. The public hearing was opened. No public comment. The public hearing was closed. Stacey indicated that the application for the grant is due this coming Monday. There are about 1.7 million dollars in grant funds available. The main ingredient to qualify for the grant is new job creations in the City. The minimum number of additional jobs needed for the grant is 56 jobs. Council Member Young asked where the new City well would be located. John Millar indicated that the proposed area for the well in on the west side of Rexburg. Mayor Larsen asked about the timing for the grant. The applications can be rendered for the grant on a quarterly basis if the job creation count meets the minimum. Stacey reviewed the new job list that is coming to Rexburg. There are 68 new jobs coming with the current applications for building permits. Council Member Pugmire asked if there were any other Council actions needed at this time to satisfy the requirements for the grant application. 6 Stacey indicated that the Council passed the required City Resolutions on June 02, 2004 as follows: Resolution 2004-08 Residential Anti-Displacement and Relocation Assistance Plan (Under Section 104(d) of the Housing and Community Development Act of 1974, as amended) The City of Rexburg will replace all occupied and vacant occupiable low-and moderate income dwelling units demolished or converted to a use other than as low/moderate income housing in connection with an activity assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570.606(b) through (g). All replacement housing will be provided within three (3) years after the commencement of the demolition or conversion. Before entering into a contract committing the City of Rexburg to provide funds for an activity that will directly result in demolition or conversion the City of Rexburg will make public by Public Notice in the Rexburg Standard Journal and submit to the Idaho Department of Commerce the following information in writing: 1.A description of the proposed assisted activity. 2.The location on a map and number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate income dwelling units as a direct result of the assisted activities. 3.A time schedule for the commencement and completion of the demolition or conversion. 4.The location a map and the number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units. If such data is not available at the time of the general submission, the City of Rexburg will identify the general location on an area map and the approximate number of dwelling units by size and provide information identifying the specific location and number of dwelling units by size as soon as it is available. 5.The source of funding and a time schedule for the provision of the replacement dwelling units. 6.The basis for concluding that each replacement dwelling unit will remain a low/moderate income dwelling unit for at least ten (10) years from the date of initial occupancy. 7.Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g. a two-bedroom unit with two one bedroom units) is consistent with housing needs of lower income households in the jurisdiction. The City Clerk, Blair Kay 359-3020, is responsible for ensuring requirements are met for notification and provision of relocation assistance, as described in CFR 570.606 (b) through(g), to any lower income person displaced by the demolition of any dwelling unit or the conversion of a low/moderate income dwelling unit to another use in connection with an assisted activity. 7 Resolution 2004-09 Assurances – Section 110. H. In the event we, City of Rexburg, should receive an Idaho Community Development Block Grant, we certify we will comply with the requirements of the following: National Environmental Policy Act of 1969 Civil Rights Act of 1964 Pub. L 88-35 Civil Rights Act of 1968 Pub.L 90-284 Age Discrimination Act of 1975 Rehabilitation Act of 1973, Section 504 Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended (49 CFR Part 24) Housing and Community Development Act of 1974, as amended Pub.L 93-383 Davis-Bacon act (40 USC 276a – 276a-5), Historic Preservation Act Section 106 of the Housing and Urban Recovery Act of 1983 certifying to: ? Minimize displacement as a result of activities assisted with CDBG funds, and adopt and follow a residential antidisplacement and relocation assistance plan; ? Conduct and administer its program in conformance with Title VI and Title VIII, and affirmatively furthering fair housing; ? Provide opportunities for citizen participation comparable to the State’s requirements (those described in Section 104 (s) of the Act, as amended0; ? Not use assessments or fees to recover the capital costs of ICDBG-funded public improvements from low and moderate income owner occupants; ? Abide by all state and federal rules and regulations related to the implementation and management of federal grants; ? Assess and implement a Handicapped Accessibility Plan in accordance with Section 504 of the Rehabilitation Act of 1973 as amended; ? Adopt and implement an Excessive Force Policy; ? Adopt and abide by the Anti-Lobbying Certification. ________________________________ Date: June 2, 2004 Shawn Larsen, Mayor, City of Rexburg _________________________________ Attest: Blair D. Kay, City Clerk 8 Rexburg, Idaho Resolution: 2004-10 Authorizing Resolution “A Resolution to submit an Application for an Idaho Community Development Block Grant to Assist in the Construction of an Economic Development Project.” WHEREAS, the City of Rexburg desires to upgrade publicly owned infrastructure including, but not limited to, the installation of curbing, sidewalks, lighting, storm drainage, street reconstruction, railroad access, power and other associated improvements related to business development within the County; and WHEREAS, the City of Rexburg desires to submit an Idaho Community Development Block Grant Application to the Idaho Department of Commerce for an Economic Development Grant to assist in the construction of new and expanding businesses; NOW, THEREFORE, IT IS HERBY RESOLVED THAT: The City of Rexburg hereby authorizes the submission of the Idaho Community Development Block Grant Application to the Idaho Department of Commerce for funds to assist in the construction of said Economic Development Project. The City Council of Rexburg authorizes Shawn Larsen, to sign and execute the Application and any associated documents. nd RESOLVED this 2 day of June, 2004 Rexburg Mayor and City Council ____________________________________________ Shawn Larsen, Mayor, City of Rexburg ____________________________________________ Attest: Blair D. Kay, City Clerk 9 Resolution 2004-11 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an office or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement. (2)If any funds other than feral appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this feral contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. _______________________________________ Shawn Larsen, Mayor, CITY OF REXBURG Date: June 02, 2004 __________________________________ Attest: Blair D. Kay, City Clerk 10 Resolution 2004-05 Idaho Community Development Block Grant (ICDBG) Citizen Participation Plan City of Rexburg Pursuant to citizen participation requirements for ICDBG participants, the City of Rexburg hereby certifies the following activities will be completed: Provide for and encourage citizen participation, particularly for low and moderate income persons who reside in slum or blighted areas and areas in which ICDBG funds are proposed to be used. Provide technical assistance to group’s representative of low and moderate income persons that request assistance in developing proposals in accordance with procedures developed by the department. Such assistance need not include providing funds to such groups. Hold a minimum of two public hearings, each at a different stage of the program, for the purpose of obtaining citizens’ views. The first public hearing shall include a description of the proposed project, scope of work, budget, schedule, location and beneficiaries. Any earned program income must also be noted. The application, related documents and Application Handbook shall be available for citizens to review. The second public hearing on the status of funded activities shall, at a minimum, include a review of project activities and accomplishments to date; a general description of remaining work and a general description of changes made to the ICDBG project scope of work, budget, schedule, location or beneficiaries. Public hearing procedures shall also be used in the event ICDBG projects or activities were added, deleted or substantially changed from the application. Substantially changed means changes made in terms of purpose, scope, location, or beneficiaries as defined by the ICDBG program. Provide reasonable and timely access to local meetings, information and records pertaining to the local government’s proposed and actual use of ICDBG funds. Public hearings shall be conducted at times and locations convenient to local citizens. Public hearings shall be advertised in a local newspaper no less than seven (7) twenty- four (24) hour days prior to the hearing date. If there is no local newspaper, public notification will occur through some other method where there is wide distribution to citizens within the project area. This method must be approved by the Community Development staff. A copy of the publication and/or affidavit if publication shall be submitted to the department. The notice should identify all of the topics to be addressed in the public hearing including the assurances that hearings shall be held in facilities that are accessible 11 City of Rexburg EXCESSIVE FORCE POLICY RESOLUTION# 2004-06 A RESOLUTION OF THE CITY COUNCIL OF REXBURG, ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NON- VIOLENT CIVIL RIGHTS DEMONSTRATORS. WHEREAS the Congress of the United States has passed the Armstrong/Walker “Excessive Force” Amendment (Section 104 (L) (1) of the Housing and Community Development Act of 1974 as amended) prohibiting the use of excessive force by a local law enforcement agency against any individual engaged in nonviolent civil right demonstration within its jurisdiction; AND WHEREAS the City of Rexburg has received an Idaho Community Development Block Grant and is required to comply with the Armstrong/Walker “excessive force” Amendment; AND WHEREAS the use of excessive force against demonstrators may cause the CITY to lose its grant or eligibility for future grants; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: SECTION 1. It is POLICY of the CITY that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and nonviolent civil rights demonstrations within the City boundaries. SECTION 2. The City Council directs the Police Chief to implement this Resolution by amending applicable police department procedures. PASSED BY THE CITY COUNCIL, City of Rexburg, IDAHO DATE: June 02, 2004 ________________________________ SIGNED BY: Shawn Larsen, Mayor ________________________________ ATTEST: Blair D. Kay, City Clerk 12 Resolution 2004-07 FAIR HOUSING RESOLUTION LET IT BE KNOWN TO ALL PERSONS OF REXBURG that discrimination in the sale, rental, leasing, financing of housing or land to be used for construction of housing or in the provision of brokerage services because of race, color, religion, sex, or national origin is prohibited by Title VIII of the 1968 Civil Rights Act (Federal Fair Housing Law). It is the policy of the City of Rexburg to implement programs to ensure equal opportunity in housing for all persons regardless of race, color, religion, sex or national origin. The Fair Housing Amendments Act of 1988 expands coverage to include disabled persons and families with children; therefore the City of Rexburg does herby pass the Resolution. BE IT RESOLVED that within available resources the City of Rexburg will assist all persons who feel they been discriminated against because of race, color, religion, sex national origin, disability or familial status to seek equity under federal and state laws by filing a complaint with the U. S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division. BE IT FURTHER RESOLVED that the City of Rexburg shall publicize this Resolution and through this publicity shall encourage owners of real estate, developers, and builders to become aware of their respective responsibilities and right sunder the Federal Fair Housing Law and amendments and any applicable state or local laws or ordinances. SAID PROGRAM will at a minimum include: 1) printing and publicizing of this policy and other applicable fair housing information through local media and community contacts; 2) distributing posters, flyers and any other means to bring to attention of those affected, the knowledge of their respective responsibilities and rights concerning equal opportunity in housing; and 3) preparing an analysis of impediments to fair housing choice and actions to mitigate such impediments. EFFECTIVE DATE This Resolution shall take effect June 02, 2004 _____________________________ ___________________________________ Attest: Blair D. Kay, City Clerk Shawn Larsen, Mayor, City of Rexburg 8:00 p.m. – New Connection hookup fees for water service and sewer B. service – John Millar & Richard Horner Richard Horner passed out a resolution for the approval of the proposed fees. The fees were reviewed at the last Council meeting. The new construction ratio is used to 13 calculate the fees for new water and sewer connections into the water and waste water system. Mayor Larsen opened the Public Hearing for input. There were no public comments. The Public Hearing was closed for comments on the new hookup fees. The Council began deliberations on the proposal to increase hookup fees. Council Member Fullmer asked Richard why the “out of town” connection fees were included; Richard explained that they are included incase the City needed to serve someone outside the City on an emergency basis. Council Member Erickson reviewed the subdivisions that have been hooked up outside the City Limits. Rexburg Heights was mentioned as a subdivision that pays less than 150% of the normal rate for water and sewer. Rexburg Heights was mentioned as an example of an out of City customer. Council Member Fullmer asked to have the “out of City” rate removed from the Resolution unless there was an emergency. He mentioned that it raises the question of raising the rates for Rexburg heights. Mayor Larsen offered to amend the resolution and remove the out of city rate. Council Members Pugmire agreed with Council Member Fullmer; that the out of town rate should be removed. Council Member Fullmer indicated that he was not in favor of extending services outside of the City. Council Members Benfield and Young asked about the retroactive charge because the customer is new. Richard indicated that the previous owners made the initial investment to enhance the current system. The cost of replacement of the existing facilities has increased. The new owner will need to pay the current market value of the asset being replaced. Council Member Erickson indicated that it makes good business sense. He was concerned with the amount of the increase of the new fees. It may drive new development out of the City into the County. He asked if the price is negotiable. Richard indicated that the fees are needed for expansion of the water system. Richard explained that if the system becomes overloaded, the City will need to have funds 14 available for expansion. Council Member Erickson asked about the calculations that created the new fees. Richard explained the formula that was reviewed in the last meeting. The Council can set the fee if they take into consideration the replacement value of the facility. Present value – debt/capacity = $0.80 gallons per day. 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 homes average 1,667 gallons of water per day. The new fee would be $1,334 for a new residential connects. Council Member Fullmer asked for a City comparison to other Cities. Richard indicated that the City is a little bit above average. Mayor Larsen mentioned that the City was well prepared for the growth that has been experienced in the past few years. Council Member Benfield asked where we would be now if we were not prepared for growth. Council Member Fullmer mentioned that it was wisdom to raise the fees to a fair market rate. Council Member Fullmer moved to approve Resolution 2004-15 without the provision for “Out of City Rates”; Council Member Pugmire seconded the motion; all The motion carried. voted aye, none opposed. Old Business: nd 2 East (Redevelopment Area) A. – Planning and Zoning’s recommendation to handle “Overlay” proposals on the zoning level and the redevelopment proposals on the Ordinance level. Kurt Hibbert and Chairman Dyer reviewed the reasoning to avoid having a Redevelopment Area in the Comprehensive Plan. The reasoning was that they are Zoning issues that are changed by Ordinance. The Ordinance issues should be reviewed in a Public Hearing process under the Zoning Ordinance change process. Kurt Hibbert reviewed Neighborhood Character and issues with single family nd homes along 2 East. Townhomes may contribute to the nature of Neighborhoods on ndnd 2 East. Transportation issues and alleys were discussed thus avoiding using 2 East 15 as an access. The Commission will address the issues in a Zoning Ordinance Hearing process. The new Zoning Ordinance will include recent additions to the Zoning Ordinance. It should be completed in the Spring of 2005. Council Member Young asked about the proposed changes to the Zoning Ordinance and if it would go through the Public process. Kurt indicated that it would go through a Public Hearing process. He reviewed the redevelopment options that could be included in the changes proposed to the Zoning Ordinance. Planning Commission Dyer indicated that the Planning Group wants to create the tools for code change before presenting the Redevelopment Plans in the Public Hearing Process. Cornell Avenue was left as a single family neighborhood. nd Council Member Erickson reviewed the wide variety of uses that are on 2 East behind the homes in the alleys. It is going to be evolving into choices that the neighbors will approve. Kurt Hibbert mentioned that a properly crafted zone will protect the neighbors with alley access options. Council Member Erickson applauded the actions of the Planning Commission to use alley way access for areas that may be encumbered by street access. He nd recommended changing the 2 East block that faces the Kirkham to something different like (multifamily) instead of single family. Mayor Larsen mentioned that th the Public Hearing on the Comprehensive Plan Map would continue on the 06 of October. Council Member Fullmer agreed with Council Member Erickson to have Cornell nd Avenue as single family and have part of blocks on 2 East for other uses where applicable. It puts the potential buyer on notice to go through the public hearing process to change the zoning. Winston Dyer indicated that the Planning Commission was not willing to make changes before the proper tools are in place. He asked Council to make changes where necessary after the tools are in place. Council Member Pugmire asked about the tools the Planning Commission is working to put in place. He agreed with others that the tools too few and too broad at this time. Mr. Williams mentioned that something needs to be done before the Comprehensive Plan Map is approved. He was concerned with the depressed prices that his property would bring with an LDR1 Zone or Comprehensive Plan designation. Mayor Larsen reviewed the issue of changing the Comprehensive Plan Map and the opportunity to come to the Public Hearing on October 06, 2004 to continue the 16 discussion. Council Member Fullmer does not intend to turn his property to multifamily housing. They plan to stay in their home for years. He wants to protect the neighborhood from rentals that are not owner occupied. nd The Council discussed some of the issues that will impact property owners on 2 East as the City grows. ndnd Judy Taylor – 203 East 2 South – discussed the issues on 2 East and she indicated that the discussion is relative to the perspective of the individual property owners. Some property owners would prefer to have single family designations in the area. City Attorney Zollinger mentioned that the City can not refer to “single family” or “multifamily” designations; instead the City should be referring to “low density”, “medium density”, and “high density”. Council Member Pugmire indicated that the Council regulates density not families. Kurt Hibbert indicated that the City will try to model different types of model build outs for neighborhood reviews in the Public Hearing on October 06, 2004. Mayor Larsen mentioned that the neighborhood redevelopment definition has not been determined and that the neighborhoods need to be involved. Report on the “Community Review” B. – Mayor Larsen (Kurt, Craig, Blair) Kurt Hibbert reviewed news coverage of the event. He reviewed the Land Use Planning discussions. The visiting team was complimentary with City Planning process. Housing, greenways, and rivers resources were reviewed in the process. The Teton River is an asset to the Community. They were impressed with bike lanes on the streets. Certain areas of the City were under served with City Parks. As land uses have changed the City has not provided adequate Industrial Zones. Mayor Larsen mentioned that two BYU-Idaho students have been inputting Community Survey results into the database for compilation as part of the Community Review process. Craig Rindlisbacher reviewed the Community Meeting on Thursday evening. Rexburg’s image and entry points into the City were part of the review. Rexburg lacks a reason to gather in the Downtown area. 20% to 25% of the University Students are married and their needs are different than single students. The City needs to redefine the market for the downtown area and take advantage of the students. We need to overcome our fear of what the downtown area could become and focus on what it will become in the future. Start with small successes and other 17 successes will come. Find forms or processes that will build trust. The City needs to find common ground for the Community. It is all about building Community. It is not just about the beautification of the downtown area. There is a real need for policy leaders taking political risk. Blair KayCivic Life and Community Involvement. reviewed the activities for The activities relating to Family, Education, Public Health, and Diversity, are focus areas for this Community Review. The City of Rexburg and Madison County have cooperative efforts in several areas to keep the Community public programs viable and flexible, thus adjusting to ongoing changes in the Community. The following areas will be targeted for focus group visits to gather information (pro and con) concerning the issues that face the citizens of Rexburg. Madison School District Central High School – They don’t want to be labeled Madison Memorial Hospital Women's Crisis Center Upper Valley Industries – Needs support to achieve a level work load during the year. Appletree Learning Center Faith Based Forum – Successful discussion on bringing Community groups together. Senior Citizens Center – Requested more support for their lunch program. Youth & Family Renewal Center The City of Rexburg is experiencing large changes in population growth, housing growth, and infrastructure expansion. These changes in the City bring new challenges to keep pace with the social needs of the Community. This will be a topic for discussion during this Community Review. Council Member Benfield mentioned that it was an exceptional event. She was proud of the City of Rexburg. Mayor Larsen reviewed the application process for getting the Community Review completed in Rexburg. The visiting team came to Rexburg at their own expense. Council Member Pugmire was unable to attend all of the events because he was out of town. Dwight Johnson was very complimentary to the event. Council Member Pugmire thanked the Mayor and Staff for completing the Community Review. Mayor Larsen mentioned the other Staff members that were involved in the Review. Stacey Garitone, Natilyn Varela, and Richard Horner work on the event. 18 C.Report on the Temple Architects meeting with the City Staff John Millar reviewed the NEXIS Group’s information meeting. There were not a lot of decisions needed at the meeting; however, they did discuss the possible location and footprint of the buildings. They announced that Jacobson Construction will be the Contractor. Time was spent in the meeting to review access points and the height of the building. Mayor Larsen indicated that the Fire Department does not have the ability to fight fires over 35 feet. Council Member Erickson talked about hospital expansion and the need to have a community ladder truck. All three entities (University, City & County) should be involved to solve the problem. We are no longer a community that does not need a ladder truck. If the Hospital grows up instead of out, the City will need a ladder truck. Council Member Pugmire agreed that the City & University needs to get a ladder truck. Mayor Larsen indicated that the funds would come from property taxes. He anticipates a secondary discussion with the University on City/University issues. Council Member Erickson mentioned that Richard Smith represents the Hospital and the University. He is supportive of both the Community’s side as well as the University’s side of the issue. Mayor Larsen will involve Council Member Fullmer in a second meeting with the University. th Council Member Fullmer asked about curb, gutter, and side walks on 7 South. John indicated that they would be developed as the properties are developed. th D.Report on the Triathlon held September 11, 2004 Jack Bowman reviewed the number of participants the first year was (21); the second year was (42); and the third year in 2004 was (64) participants. There was one from Pennsylvania that won the sprint race. Committee members worked very hard to make it a success. It was a good event and the results are on the Web: www.rexburg.org. The Committees are planning the race for next year. Lucy Stohl is the chairman for next year they anticipate having over 100 participants. 19 E.Kiwanis Club proposal for the naming of the Evergreen Subdivision City Park Jerry Merrill representing the Kiwanis Club asked the Council to approve the name of the Evergreen Park as the “Evergreen Kiwanis Park”. The Club is willing to purchase a sign and provide service hours annually to this City Park. The Club would provide service hours for cleanup and improvements up to $1000 per year for the Park. Council Member Benfield asked if the sign for the Park had been designed. Jerry indicated that the sign was not designed. She mentioned that the University students could help work on the project to design the sign. Council Member Pugmire asked if the Club had an amount budgeted for the sign. Jerry did not have that information. Richard Horner mentioned their budget for the sign is probably under $2,000. He said that service clubs are doing Community projects for the City in other City Parks. Mayor Larsen disclosed that he (Mayor) is a member of the Kiwanis Club. Council Member Erickson asked about the type of design that will be used for the sign. Jerry mentioned that there is not a particular design planned at this time. If the City goes with a unified City Park design, the Club would participate in the cost of that particular sign design. Jerry referred to other projects that the Kiwanis Club had completed in other City Parks. Basketball courts in Smith and Porter Parks are an example of those projects. Council Member Anderson asked if other service clubs have asked to be included in this process at other City Parks. Council Member Pugmire mentioned that this process needs more time for review so that it does not set an unwanted precedent. Council Member Young did not want to slam the door on clubs that are willing to help improve the City. Mayor Larsen mentioned that the Kiwanis Club provides hundreds of service hours per year. Stephen Zollinger speaking as a resident of the neighborhood indicated that 200 of the members were in favor of the offer of the Kiwanis Club to participate in the Evergreen Park’s ongoing maintenance. He mentioned that the City owns 11,000 square feet of property across the canal from the Evergreen Subdivision. 20 Council Member Benfield mentioned that it shows that the neighborhood participation in this City Park supports the neighborhood association feeling in the City. Council Member Pugmire does not find Kiwanis Club’s offer offensive. He is pleased with the Kiwanis Club’s offer. He asked the Council for a Policy to keep this process active. City Attorney Zollinger discussed the history for the Rotary Park. The land was donated by the Rotarian Club with the intent of the owner (Rotary Club) having the Park named after the Rotary Club. If the name is changed the ownership defaults back to the owner. He mentioned that Council Member Pugmire is correct in requesting City guidelines or parameters for naming City Parks. Council Member Pugmire expressed his concerns with moving forward with this process without a City Policy. Council Member Anderson asked if the commitment could be in writing. Mayor Larsen indicated that the commitment has been given to the City in writing. Council Member Pugmire indicated that the process should have a written contract. It should be tabled until the next meeting. The City should adopt the context of the policy by resolution. Council Member Pugmire moved to have a City Council Member negotiate a policy on the naming of City Parks and table this request until Oct 6, 2004. Council Member Fullmer seconded the motion. Discussion: Council Member Erickson asked what had changed from a month ago when the Council indicated an approval of this action. Mayor Larsen referred to the directive given to Council Member Oakey to negotiate this offer on behalf of the Council. Council Member Pugmire amended his motion to include having a Council Member bring back the parameters for City Park naming rights. Council Member Fullmer seconded the amendment. Continued Discussion: The City attorney was asked to be involved in the process. City Attorney Zollinger indicated that there is a need to guard against first amendment violations. Mayor Larsen would like to see a contract for the naming of City Parks. The Mayor asked Council Member Anderson and City Attorney Zollinger to formalize the action. The Council discussed contract requirements. All voted aye, . The motion to table the issue until October 06, 2004 was approved. none opposed Jerry said club would be ok with the additional time to name the Park. City Council Report: nd A. Council Member Young mentioned that a resident offered to pay for a 2 Bond Election (up to $3,000) if the City tries for another bond to construct an aquatic 21 center. He discussed level of discussion that he is hearing in the Community on the swimming pool issue. B. Council Member Benfield indicated that the Traffic and Safety Committee did not have a quorum for a meeting so there was general discussion on safety issues. The Beautification Committee met last week and elected officers. They received $250 from Wal-Mart for fall banners. They are ordering flowers with 16 inch hanging baskets for next May or June. They want to work on the City (on and off) ramps. Stacey Garitone is working on a $15,000 grant for Main Street and the South exit first. Main Street would be the first project with University Departmental help. Signage was discussed in the Committee meeting. The Civic Club needs flowers for the tabernacle. Craig Rindlisbacher mentioned that the City has base map designing capability that would be helpful in downtown drawings. Mayor Larsen mentioned that a grant will go in on Friday that is offered quarterly. Craig Rindlisbacher mentioned that Tom Hudson will have workshops on Signage ththth on the 27 28 and 29 of September. Mayor Larsen mentioned that the City Staff has been given a presentation on Round - a - Bouts that the Council would need to see at a future Council Meeting. C. Council Member Erickson – None D. Council Member Pugmire – None E. Council Member Fullmer – United Way had a kickoff luncheon. Mayor Larsen mentioned that the City needs better communications to employees. He mentioned that the Teton Dam Marathon could be part of the United Way campaign or walking events like the 24 hour cancer walk. F. Council Member Anderson - None Report on Projects: John Millar mentioned that the City has received a grant offer from the State of Idaho Department of Aeronautics for $5,850 to share the cost or FAA projects at the Airport. They contribute about ½ of the City/County obligation for matching funds if the State has funds available. The City and County have received a total of $387,000 in grants for the Airport projects this past year. The City has made in-kind matching funds of 5% and the County has made in-kind matching funds of 5%. The FAA contributes 90% to the Airport projects. Council Member Pugmire asked for the FAA requirements for operation of the Airport when they provide these grants. John indicated that for the past 20 years, they have required compliance with fair practice policies and other non- 22 discrimination policies of the Government. Council Member Pugmire moved to adopt Resolution 2004-17 for State Aid under project #3-16-0031-007; Council Member Fullmer seconded the motion; all voted The motion carried. aye, none opposed. st John Millar reported on 1 North project around Millhollow Trailer Park area. The project is moving along fairly well. The control system for the Scada project is about 60 % complete. The water tank painting project is about 90% complete. The Airport tarmac asphalt has been stripped. The lighting project at the Airport is in process. th Louisiana Pacific bike path project is going to bid on the 29of September. Keller and Associates is working on the changes to the Transportation Plan for the South Arterial after discussions with Fujimotos. The John Deere Company needs sewer and water service near the South City exchange. John asked the Council for authorization to proceed to expand water and sewer services into the South interchange area. John mentioned that the Airport Road area will need a waste water lift Station. Council Member Erickson reviewed several complaints with the Public Works Department. He asked if the City was going to increase impact fees. He mentioned that he has received complaints on a wood fence adjacent to Hwy 20 which buffers a Multifamily Residential Subdivision. Some travelers on Hwy 20 have mentioned that the fence is inadequate for a fence along Hwy 20. He asked about the fence at Evergreen Park. John Millar mentioned that the Park has been planted with grass; landscaping and lighting are planned in the future for the Park. Council Member Erickson commented that some walkers using the Smith Park path th are being hit with sprinklers every morning at 7:00 a.m. He indicated that 7 South th and 5 West intersection is still experiencing a culvert water leak. John Millar mentioned that the intersection flooding is in the process of being fixed. John is planning to require bonding in the future for City Public Works Projects. This will ensure the proper and timely completion of projects in the City. nd Council Member Erickson reviewed the mess at a home on 2 North and another home on West Main Street. A neighbor ruined a mower trying to clean up the front nd yard for the home on 2 North. This home has been in foreclosure. Mayor Larsen mentioned that the City is in need of a Zoning Ordinance Officer. The Mayor provided the Council with an Executive Resolution to have a member of the Council work with the Daycare facility at the Rexburg Business Park. His wife is a co-manager of the daycare facility that is seeking grant funding. The Council discussed the process for having an LID for lighting projects in the City. John Millar indicated that he is working on a program to have uniform signs for Rexburg City Parks. 23 Mayors Report: Mayor Larsen mentioned that Gordon Harrop is retiring from the Fire Department. His retirement party will be tomorrow from 4:00 p.m. to 6:00 p.m. There is a County Commissioner’s meeting tomorrow at 6:00 p.m. with Rexburg and Sugar City Councils. There will be a Student Housing meeting with the Rexburg Student Housing group. The Mayor reviewed the tracking worksheet that lists the City Department Projects and updates. The Staff will maintain the list for tracking purposes. A seconded worksheet will track Customer Service Work complaints and requests until the work can be tracked on the Permit Tracking program that is used to track building permits. The Council scheduled a special meeting on September 22, 2004, to discuss the winter parking issues related to snow removal on City Streets. Tabled requests: Adjournment __________________________________ Shawn Larsen, Mayor _________________________________ Blair D. Kay, City Clerk 24