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HomeMy WebLinkAbout2004.03.17 CITY COUNCIL MINUTES CITY COUNCIL MINUTES CITY OF REXBURG March 17, 2004 6:30 P.M. STATE OF IDAHO ) : ss. County of Madison ) Present were the following: Mayor: Mayor Shawn Larsen Council Members: Paul Pugmire Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Garth R. Oakey Financial OfficerRichard Horner P&Z Administrator:Kurt Hibbert City Clerk:Blair D. Kay PFC:John Millar City Attorney:Stephen Zollinger Portions of the meeting were recorded. Pledge to the Flag Mayor Larsen welcomed the Scouts to the meeting from Troop 305. Mayor Larsen welcomed the Sugar City Mayor and Council to the Meeting. He welcomed the Madison County Commissioners to the meeting at the same time. Commissioner Reed Sommer and Those attending from the County were Commissioner Roger Muir and County Clerk Marilyn Rasmussen. Those attending Mayor Glenn Dalling, Council Member Tim Kershaw, Council from Sugar City were Member Harold L. Harris, and Council Member Walter Deitz. 1 Work Session with the Madison County Commissioners and Sugar City Council concerning the Impact Area growth & Bike Path Grant. Mayor Dalling indicated that it was a good idea for the three local Governments to meet regularly and discuss issues that may affect each area. Others agreed that it was important to meet for these discussions. Mayor Larsen outined some discussion items that would be important for the local Governments to discuss. 1)The combined bike path for Madison County 2)Keller and Associates traffic study for Madison County 3)Impact Zone concerning joint building inspections. 4)Global Information System – Rexburg (GIS) Department resources. Winston Dyer reviewed the history of the pedestrian bike path between Sugar City and Rexburg. There was funding available through grants and matching funds to do $726,000 worth of work towards the paths. $450,000 would come from Federal funds and $276,000 would be generated through matching (inkind) funds form the three local Governments and contributions from other sources. Madison Greenways The proposed pedestrian bike path was reviewed on a map for the Committee . The map indicated the proposed routes. The old route next to the railroad tracks was reviewed. Discussion on the past agreements from the three Governing bodies to have a trail system from Rexburg to Sugar City, Teton City and Salem. The State and Sugar City signed an agreement to move forward with the funding of the project in 2005. Council Member Kershaw asked about the railroad track path to Sugar City. Winston Dyer indicated that the right of way for the railroad was the reason for the original trail being mapped at that location; however, the railroad would require a protective fence to be constructed the entire route along the railroad track. It would be a cost concern for the project. Mayor Larsen mentioned that there is an alternative route from the route along the railroad tracks that the Greenways Committee is exploring. The Committee would like to keep the pathway as close to the Teton River as possible. The path route along County roads and the river would require fewer property easements. Kurt Hibbert reviewed the locations that are proposed for the pedestrian bike path on the overhead screen. The proposed route would have fewer intersections to cross. 2 Mayor Larsen asked the group if they could agree to have one map to work from that the Madison County Trails Committee would use for the Master Plan map. Some of the trail system has been built in the City of Rexburg and some funding will be available in 2005 for other portions of the trail. Commissioner Muir indicated that there are some property owners that would be willing to have the trail system incorporated into their properties as they develop in the future. Winston Dyer indicated a need to have environmental reviews on properties where the proposed path has been changed. Commissioner Muir reviewed the original path location that was presented in the Grant application. Winston Dyer reviewed the process for accepting Government Grants and the detail needed to connect the Communities on the trail system in the Grant application. The proposed changes to the trail have added some length to the trail system. Mayor Dalling asked if the proposed river path was possible. Mayor Larsen indicated that it would increase the value of the property owner’s property to have the trail system pass through their property. Council Member Harris asked if Sugar City was represented on the Trails of Madison County Committee. Commissioner Summer asked the group to allow the Trails of Madison County Committee to solidify the location of the path and bring that map back to the group for approval. Commissioner Muir indicated that the budgeted funds are set for the County Road and Bridge Department. Any changes to the road system would impact their budgets. They would need to discuss the proposed pathway to Dusty to see how his crew could be used to work on the “in kind” work that the County could do on the trail system. Council Member Harris asked how the proposed trail system was developed. Did the three local Governments agree to the proposed route for the trail system? There was discussion on how the Government entities could work on the trail system based on the availability of crews. The preference was to use crew down time for that work instead of working on the trail system as a priority. 3 Winston Dyer indicated a need to review the Grant based on the proposed changes to the Trail system. He mentioned that $225,000 was committed by the Grant to come from “in kind” work. Discussion on the possible funding reviews needed for the changes in the Trail System route. Mayor Dalling asked Rexburg to take the lead in the Grant funding project for the Trail System from Rexburg to Sugar City. They discussed who served on the Trails for Madison County Committee. They wanted to make sure that Sugar City was represented on the Committee. They discussed the need to give the Committee guidance from the group. Council Member Erickson asked to have the Committee present a report on the Trail System at the next meeting of the Governing Officials. Mayor Larsen reviewed the upcoming clean up days for Rexburg. The spring cleaning events will be planned by the Mayor’s new Mayor’s Youth Advisory Committee. The th dates for the clean up program called “Pride Days” are planned for April 30 from 4:00 ndthst p.m. to 7:00 p.m.; the next three all day events will be May 22, June 19, and July 31. Commissioner Muir indicated that the County would like to participate in the clean up events as a joint activity for Pride Day with the City of Rexburg. They would be willing to donate services at the Transfer Station and Construction and Demolition (C&D) Departments. Mayor Larsen mentioned that the Mayor’s Youth Advisory Committee would contact the County to request their participation into the program. Mayor Dalling indicated that Sugar City would like to participate in the clean up events with the County and Rexburg. Council Member Oakey mentioned that the students in both High Schools could work together on the project. The Governing Officials from the County and Sugar City indicated a desire to be on board with the Rexburg GIS Department. Sugar City would evaluate the costs to have some contract work done by the Department. They talked about having a County/City GIS Board with 2 voting members from the County and 2 voting members from the City. Craig Rindlisbacher would be on the Committee as a none voting member. Sugar City would participate through the County’s representation on the GIS Board at the present . time because Sugar City does not have any GIS funding in their City budget 4 Council Member Fullmer suggested a non-voting member could represent Sugar City on the Board. Paul Sorensen, County IT Manger, and Steve Christensen, Rexburg City IT Manager were suggested as possible members of the Board. The Governing Officials discussed the Impact Zone and the need to have uniform inspections for fire and building codes. Commissioner Muir indicated that the County Attorney is reviewing the fire inspection issue at this time. The County can not impose regulations that they are unable to enforce. He mentioned that the County is reviewing the possibility of the City of Rexburg conducting building inspections in the Impact Zone for Rexburg. Val Christensen , Rexburg’s Building Official mentioned that a City Inspection Team could possibly do both areas to include the City of Rexburg and the Impact Zone for the City of Rexburg. Commissioner Muir indicated that the County Building Inspector is planning to retire in the near future. The group discussed the need to evaluate the options available for the City and the County concerning the Impact Zone for Rexburg. Commissioner Muir indicated that the County has adopted the International Building Code 2000. Mayor Larsen asked the City Staff to formulate some recommendations for the City and County to evaluate. The Governing Officials set their next meeting for May 05, 2004 at 6:30 p.m. They plan to invite the Trails of Madison County Committee to the meeting for a report. Roll Call of Council Members: Mayor Larsen called the roll for the Council and all were present. Mayors Business – Introduction of Mayor’s Youth Advisory Board to the Council. Chair:Kylie Jackson Vice Chair:Preston Lee Secretary:Tyler Sommer Treasurer:Shelly Lucas Members:Jason Stark, Brandon Bradshaw, Tracy Stephenson, Shelly Lucas, Jason Andrus, Clarisa Blacker, Tyler Sommer, Tabitha Webster, Preston Lee, Kylie Jackson. They are working on the Rexbrug Pride Days project. The Mayor is very impressed with their enthusiasm for the project. 5 Council Member Oakey asked if they would work with the County and Sugar City. Mayor Larsen thanked them for participating. Council Member Pugmire asked how the members were chosen. It was done through the application process. Mayor Larsen indicated that the main selection criterion was that they must live within the City limits and have commitments to the City. Peggy Hymas, Americore Volunteer, fills the roll as coordinator for City projects with thegroup. Council Member Pugmire congratulated the members for their participation in the Advisory Board. He thanked the Mayor and the Youth Committee for their efforts in the City. He wanted them to be involved with other City Committees. 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 March 03, 2004 meeting B.Approve the City of Rexburg Bills Council Member Pugmire moved to approve the Calendar; Council Member Benfield The motion carried seconded the motion; all voted aye, none opposed. . Public Comment – Issues not scheduled on the agenda (limit 3 minutes) None given Mayor Larsen welcomed Additional Scouts to the meeting and they were invited to introduce themselves. They are working on Community merit badges and Communications merit badges. Mayor Larsen asked them to be involved in the upcoming Pride Days for the Community. New Business: A. Discussion with the Developmental Workshop on the Business Park Parcel: Dwight Whittaker, President and CEO of the Development Workshop, Inc. resides at 3801 Marlene Street in Idaho Falls. He is representing the Upper Valley Industries, a nd Division of the Development Workshop, Inc. located at 16 North 2 East in Rexburg. He handed out some material on the Upper Valley Industries. Dwight thanked the Mayor and Council for the opportunity to seek support for people with disabilities in the Upper 6 Snake River Valley. They are seeking continued good will for the people with disabilities in the Upper Snake River Valley. The Development Workshop was started in 1971 in Idaho Falls. The program was given a generous facility donation from Art and Beth Porter. May Thomlinson was a key organizer in Rexburg. Her son, Stanley was one of the first participants in the Workshop. Lavern Bennett from Newdale was another participant in the program. There were 12 participants to start the program in 1971. The Development Workshop is a private nonprofit organization which started in Rexburg in 1988. They serve more than 600 individuals in Idaho Falls, Rexburg, and Salmon. Most of their support (96%) comes from earned income. The remainder of the support comes from charitable contributions, grants, and fund raising events. They add $697,000 in gross revenue to the Community. There are 33 individuals in Rexburg that are using the facility. Most of that revenue is paid in wages to the Community. He passed out a copy of the Upper Valley Industries Advisory Committee and the Board of Directors. Dwight passed out a historical reference to a request for land at the Rexburg Business Park. The time line ranged from August 16, 2000 to March 17, 2004. Many issues came up during that time frame that delayed the development of the resources necessary to move this proposal forward. They are seeking City support to help with the aquistion of land in the Rexburg Business Park to move their building project forward. Dwight indicated that the proposal requests a purchase price of $75,000 (cash) for three lots (3.06 Acres) at the Rexburg Business Park. Item number three is to allow a three year window before the City would be able to buy the property back. They plan to build two buildings on the property. One building would be for production and one would be for storage. It would be a stepped approach. Council Member Young asked Dwight what they planned to do with the old facility. They plan to sell the old building. Council Member Erickson asked about the cost for the infrastructure. John Millar mentioned that it would cost about $250,000 to do the utilites. Dwight provided cost for Profit Street where the building would be located. There are 680 feet on Profit Street to the proposed building sites. The cost could be in excess of $100,000 to do water and sewer to the building sites. Since sewer is already in to that location, Dwight estimated about $75,000 to do the water line for that portion of Profit Street. Council Member Erickson asked about the original offer of getting the property if they helped put in the infrastructure. John Millar explained the possible grant of $500,000 to Council Member Erickson do the infrastructure. asked if they could persue a grant for the infrastructure. Dwight indicated a desire to work with the City in any way possible to Council Member Erickson move the project forward. asked if they were still interested 7 in persuing the grant. Dwight indicated that they were still interested in the grant. Council Member Erickson Timing seemed to be the issue on the request. asked if the Grant is still available. They asked Mr. Hendricks to comment. He indicated that jobs were tied to the funding requests. Funding Agencies need to have jobs tied to the proposal. They have to have a job creator for it to work. Without jobs there can not be funding. Timing is the problem with the grant proposal. Funding can go towards Council Member Erickson infrastructure. asked if the City could be reimbursed if the City did the work up front. The grant funding would not reimburse the City for work that is already completed. Discussion on the timing for putting in sidewalks and the road systems. John Millar indicated that the sidewalks would be done at the same time as the buildings were constructed to minimize construction damage to the sidewalks. Council Member Pugmire reviewed the land swap proposal. The value of the land could be used as part of the matching funds for the grant. He asked why that won’t work now. Dwight indicated that new jobs would be necessary to make the grant process work. Dwight discussed the packaging of potato flakes into one pound bags. They have toured a plant that does this process. It would cost about $500,000 for the equipment to do this process. Council Member Erickson asked if they could build the buildings without the grant. Dwight indicated that they could start on a smaller building without the grant. The smaller building would not produce additional jobs. The larger building would take job creation to move that forward. Mr. Hendricks indicated that any business in the Business Park could supply the needed jobs for the grant. Mayor Larsen discussed the possibility of doing the infrastructure on Profit Street. If the Council approves the proposal it would provide funding for some of the infrastructure on Profit Street. Dividend Street may be developed at a latter date. Council Member Erickson asked them to change #9 on the proposal to include the other utilities. John Millar indicated that a partial development of the Park may help move the project forward with additional jobs coming as the Business Park is developed. Again, it is a timing issue. Developers want to move forward without waiting for the grant funding process. Mr. Hendricks reviewed the front part of the Business Park as being developed by grant money. It would take about 30 to 50 jobs in two to three years to have the grant requirements satisfied. John Millar reviewed the proposed lots that would be used for this proposal in the Business Park. 8 Council Member Pugmire asked Legal Council if a contract with a net loss would be legal. Stephen indicated that there were a number of circumstances that would allow participation in non profit Community interest venture. Council Member Erickson asked if Legal Council would review the Real Estate Sales agreement before the City Council makes a decision. Dwight is comfortable with allowing that review process. Council Member Pugmire thanked Dwight and he indicated appreciation for the effort. He asked for a separation of the issues of the sale of the land in the Business Park and then the sale of the land after it is developed. He is not comfortable with the current request. Council Member Pugmire asked for further study to achieve the end that Dwight is persuing. Council Member Young asked if the City or the County would be interested in buying the old building. Dwight mentioned that the workers could have transportation from the proposed facility to the City for meals. Council Member Erickson asked for more time to study the issues and have Legal Council review the proposal. Council Member Erickson move to table the proposal for further review; Council The motion carried Member Young seconded the motion; all voted aye, none opposed. to table the request. B.Final Plat for Teton Professional Park Phase 1 – Trejo Street - Schiess & Associates (Bagley Enterprises) Terry Bagley – 423 South Yale Avenue – reviewed the proposal on the overhead screen. The utility easements are shown on the plat along with the covenants for the project. nd Council Member Erickson reviewed the 2 access that would be required for phase II. Terry indicated that it would be a part of phase II. Council Member Young moved to approve the final plat for Teton Professional Park Phase I; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. C.Life Safety Review Discussion – Building Department Val Christensen – Building Department Manager of the New Community Development Department for the City reviewed the history of the code requirements for life safety issues. There was a Committee assembled to manage the process for a study. The results of the study were combined into Ordinance 851. Every duplex was allowed three years 9 to comply with the life safety Ordinance. A letter from the owner explaining the deficiencies in the property was requested by the City by December 31, 2003. Many (25%) have not complied with the deadline. Val asked if the Building Department still has the Council’s support on the issue. Val asked if the City could send a warning letter nd to the violators of the first deadline which is a misdemeanor. Val asked to delay the 2 st deadline of July 1, 2004. Council Member Young indicated that the Council has to uphold the Ordinance. Val reviewed the contents of the letter asking for a list of deficiencies and a time line for the completion of the deficiencies. Council Member Erickson asked how the City was going to enforce the Ordinance. City Attorney Zollinger indicated that a prior Council instituted this process to forestall an inordinate amount of enforcement misdemeanors. Stephen indicated that there is going to be a number of misdemeanor complaints if the property owners do not respond. Discussion on the friendly, attention getting nurturing phase of the process coming to an end July 1, 2004. City Attorney Zollinger indicated that the City is prepared to move forward with the door to door contact of owners of apartments to validate the requirements indicated in the Ordinance. Council Member Erickson concurred with the need to proceed with the requirements of the Ordinance. Council Member Pugmire asked Val if he was asking for the Council to reaffirm Council support for the Ordinance. He suggested that no action is necessary from the Council due to the existing Ordinance. The Staff will needs to enforce the Ordinance. Council Member Oakey reviewed the situation of vacant apartments in the City and maybe an extension would be in order. Council Member Erickson indicated that those working on the problem could be allowed a reasonable amount of time to complete the process. Council Member Pugmire recommended that the City treat everyone in the same manner. Council Member Benfield asked if the City sent out a reminder letter. Val sent a reminder letter July 1, 2003. Ownership changes were only given 6 months to comply through the business license process. This is across the board for single and married housing. 10 Mayor Larsen indicated that the City needs to remind residents of the final deadline with a press release. nd D.Preliminary Plat for Teton River Village – 485 North 2 East Ellsworth-Paulsen Construction Cameron Gunter – 1082 East 1200 South Springville, Utah, reviewed the proposal on the overhead screen. They plan to sell one of the lots to a neighborhood grill business (Wingers) for a steak house. They have provided two accesses into the properties. The accesses have been widened as requested by the Planning and Zoning Commission. The theaters are going to be open in May. Mayor Larsen asked about the pathway along the river. Cameron indicated that the parcel was deeded to the City. The City was going to develop the walkway on the deeded property. Council Member Erickson asked about the 50 foot easement between lot 1 and lot 2. The easement was changed to the north to allow more room for the traffic. Discussion on the parking needs for lot 3. Kurt indicated that if the lot is narrowed it would not allow the required parking for Lot 3. Kurt indicated that the easement complies with the Health and Safety issues. Kurt read the minutes from the Planning and Zoning meeting on March 04, 2004. There was not that level of detail in the minutes to answer Council Member Erickson’s question. Council Member Erickson reviewed his notes from the meeting. Council Member Fullmer moved to approve the Preliminary Plat for Teton River Village; Council Member Benfield seconded the motion; Discussion on Planning and Zoning Commission approving the proposal. All voted aye, none opposed. The motion carried. E.Discuss the visual treatment of the City of Rexburg from the Hwy 20 Corridor Kurt Hibbert reviewed the need for buffering along Hwy 20 to allow regulation of site plans that boarder Hwy 20. Council Member Erickson indicated that the landowners and the City needed agreements in place to enforce the buffering requirement. Kurt proposed a design review corridor along Hwy 20 per Planning and Zoning. They are asking for Council approval for this type of a corridor. Discussion on having the Design review coming from the Planning and Zoning Commission. Council Member Benfield was in favor of the proposal. Discussion on the type of buffering that would improve the appearance of the City. Council Member Benfield mentioned that there should be options for the developer. 11 Council Member Pugmire reviewed the issue of having tabled Commercial Design Standards. He recommended finishing the Commercial Design Standards first. Council Member Erickson recommended incorporating this request into the Design Council Member PugmireCouncil Standards. mentioned that they are related issues. Member OakeyCouncil Member Erickson asked for examples in other Cites. mentioned that if it is not in the Ordinance it can not be enforced. Mayor Larsen indicated that it would be appropriate to discuss this issue in a future meeting with the Commercial Design Standards. Council Member Pugmire indicated that Community Leaders need to move this issue forward before the decision is made by a developer. We need to take the reins now for the future of the Community. Council Member Oakey moved to schedule a work meeting with the Planning and Hwy 20 Corridor Zoning Commission to work on the issue; Council Member Pugmire The motion carried. seconded the motion; all voted aye, none opposed. th April 15 at 6:00 Discussion on the time to have the work meeting. They will meet p.m. in a Planning and Zoning Meeting. Kurt will and Council Member Erickson will carry if forward to the Planning and Zoning Commission. F.Professional Plaza; common area discussion – City Attorney City Attorney Zollinger reviewed the time line for the Professional Plaza development. The common area in the development has been used as a corridor and primarily as a parking lot. The uses of the area and the parking in the area have been inconsistent with a City Street. During the course of evaluating a building’s location that is currently under construction (Archibald’s office), the neighbors asked for clarification on the type of designation that the City was using to approve the building next to the corridor called Council Member Erickson Professional Plaza. Is it a Street or a Parking Lot? mentioned that the issue was decided when the buildings were built on the east side of the corridor. Discussion on why it was designated as a street verses a parking lot. If the designation is changed to a parking lot, the buildings could be extended towards the sidewalk. City Attorney Zollinger indicated that the City did put a sign up on the entrance from Main Street naming the area “Harvard Avenue”. This was an error and is misleading to the public. If it is a parking lot or a street, it will receive the same attention from the City Police. Parking lots and streets are treated the same by Police enforcement. If it is a parking lot each property owner could be accessed the cost of parking lot repairs. John Millar said it was treated as a City street for repairs. The neighborhood wants a definite definition to the corridor. 12 rd Don Sparhawk - 37 south 3 East is President of the East Main Street Neighborhood Association. He reviewed the City’s treatment of the corridor as a street. The Ordinance calls it a street. He recommended that the City designate it as a street. Don appreciated the Council addressing this issue and clearing up the confusion. Council Member Young asked how many lots are available for future development. City Attorney Zollinger indicated that there is one additional lot that could be developed. Other buildings could be enlarged if the area is designated as a parking lot. He reviewed a recent meeting with neighbors concerning the designation of the area. He reviewed the possibility of designating the area as a thoroughfare with a specified width. A street designation would allocate parking on a linear foot basis. A thoroughfare designation would allocate the parking in the area on a percentage basis. Council Member Erickson asked how a street designation would affect the area. City Attorney Zollinger explained the pros and cons of the different possibilities. They discussed calling it an extension of Harvard Avenue. The sign on Main Street which calls the area Harvard Avenue is incorrect; it is on the maps as Professional Plaza. He indicated that Staff does not have a comment or recommendation for this situation. The Staff does not have a vote on the issue. He mentioned that the area is a public right of way as indicated on the original plat. Discussion on the location of the property line in the development. J. D. HancockCity Attorney Zollinger reviewed his perception of the discussion. reviewed the location of the right of way line as the back of the Side walk. He requested that the City Council make a determination on the area as a street, parking lot or corridor. Either way, there are still problems that exist. It is necessary for Staff to understand how to treat future building permit requests. City Attorney Zollinger reviewed the original Plat of the area which designated the area in question for public use. The Plat did not designate the area as a street or a parking lot. Council Member Pugmire moved to designate the area as a street with the right of way Council Member Erickson area measuring 25 feet east and west from center; seconded the motion; Discussion: What does this do to Archibald’s building? Council Member Pugmire withdrew his motion. Council Member Pugmire moved to instruct the Staff to construct a thoroughfare through the area considering existing setbacks and bring back a recommendation to the Council Member Erickson City Council for approval; seconded the motion; Discussion: Council Member Young asked if this would allow further development towards the City Attorney Zollinger Street. indicated that Dr. Doug Smith could add an addition to 13 Council Member Pugmire his building. explained that parking lots along the edge of the street could use an LID (Local Improvement District) to help pay for the cost of maintaining the area. Those voting ayeThose voting nay Paul PugmireG. Farrell Young Donna Benfield Nyle Fullmer Rex Erickson Garth R. Oakey The motion carried. Mayor Larsen recognized Chief Archibald and Lieutenant Larson from the Police Department and thanked them for attending the meeting. G.New Staff Positions – Personnel Committee Richard Horner reviewed the job descriptions for positions that were recently opened for the City in the new Community Development Department. The first position is 50% planner & 50 % grant writer. This position will be funded through grants. Kurt Hibbert would become the Director of Community Development. The other position will be a receptionist, handle phones, input building permits, schedule inspections for the Building Department, and monitor Planning and Zoning actions. The third job is a Plumbing Inspector that will do the plumbing inspections. This position is needed to do the inspections that are currently be done by Delynn Edstrom, who is retiring in May. The qualifications for the Plumbing Inspector require the position to be bid. Council Member Erickson moved to allow Staff to proceed with the hiring of these Council Member Oakey three positions; seconded the motion; all voted aye, none The motion carried. opposed. Old Business: th A.Additional requests for Annexation – East 7 North, South Yellowstone Hwy, and th South 5 West to Pole line Road. Kurt Hibbert reviewed the requested locations that are seeking annexation. This brings the total number of parcels to six that have requested annexation this spring. These three th Fujimotos additional parcels will be added to the prior requests for annexation. The on 5 thth West indicated that up to 50 % of their neighbors on 5 West that are located south of 7 South may be interested in annexation. Kurt reviewed this area on the overhead screen. The neighbors in this area are looking for answers concerning the future of their area. The group has discussed City Zoning for their area verses the current County zoning they fall under in the impact zone. 14 Brian Partridge spoke to the Council concerning his original request for annexation on east th 7 North. The size of the proposed (2) lakes have been reduced to 1 ½ acres. He is requesting a Rural Residential Zone. He is requesting meandering sidewalks in the development. The front part of the development where he is seeking professional buildings will have traditional sidewalks. He needs to have the development plated this year for sale. He has three prospective buyers if it is done this year. Council Member Erickson reviewed the original requested zone which was LDR1. Brain Partridge explained the reason for the change to RR. He will present a couple of options to Council the Council at a later date. He may be seeking a Planned Development for the area. Member Pugmire asked which Ordinance he was planning to use for the development. Brian is willing to seek recommendations from the City Council. B.Second Reading – 917 Planned Residential Ordinance Mayor Larsen indicated that the Ordinance has been read once. Council Member Pugmire moved to consider the Planned Residential Ordinance read nd Council Member Erickson for the 2 reading; seconded the motion; Discussion: Amendments, if needed can be done on the third reading of the Ordinance. All voted The motion carried. aye, none opposed. C.Third Reading -- 918 Implementation of a Knox Box System Chris Huskinson from the Fire Department asked the City Council to read the Ordinance a third time for passage. Council Member Erickson moved to approve the third reading of the Ordinance; Council Member Oakey seconded the motion; Discussion: There has been no negative feedback on this Ordinance. Those voting ayeThose voting nay Paul Pugmire Donna Benfield Nyle Fullmer Rex Erickson Garth R. Oakey G. Farrell Young The motion to approve Lock Box Ordinance 918 carried. Council Member Pugmire thanked Chris and the Fire Department for their work on this Ordinance. 15 D. First Reading – Tree Ordinance 919 Mayor Larsen read the Ordinance 919 to the Council. A tree Committee would be required as indicated in Section IV. “SECTIONIV. ESTABLISHMENT OR DESIGNATION OF COMMISSION: The Mayor with the assistance of the City Council shall designate a City Tree Commission, which shall consist of not less than five (5) nor more than fifteen (15) individuals, but can be an existing commission provided it meets the above requirements, and authorize such persons or commission to perform the duties imposed and exercise the powers granted by this chapter. For the purposes of this Ordinance, the City Tree Commission, is hereby authorized to carry out the following duties:” st Council Member Fullmer moved to consider the Ordinance for it’s 1 reading; Council Member Benfield seconded the motion; all voted aye, none opposed. The motion carried. City Council Report: A.Council Member Young reported that there would be a Downtown Vision th Committee meeting tomorrow. He announce a concert on the 16 of June that is very Council Member Oakey exciting for the City. mentioned the need for some funding Mayor for expenses for this concert. It will be done by the Community Symphony. Larsen indicated the need to support the event. The Conductor is Rich Ballou’s father. Council Member Erickson asked if the Tabernacle Committee or the Arts Council is supporting this event. Discussion on possible funding sources for the Symphony. He indicated that it would be wise not to set a precedent on funding events or Committee events. Council Member Pugmire indicated that the tabernacle budget is for maintaining the building. He mentioned that the Council needs to provide guidance for the st Committees. Discussion on having an outline for the meeting on the 31 of March. He read the guidelines for Committees as set by the Council. Some Committees have charters. The Parks and Recreation Committee and the Historical Preservation Committee have charters. Mayor Larsen Discussion on scope creep with some committees. plans to have a binder that contains the Committee information for each Committee which will include applications for Committee service. People desiring to serve are invited to the meeting st on March 31. 16 B. Council Member Benfield mentioned that people who are making a difference in the Community need to be recognized as candidates for a “Making a Difference” Mayor Larsen award on a TV program. agreed with the idea to seek out people who are making a difference in the Community to recognize there service. Council Member Benfield read a request for a band in Smith Park on a Saturday afternoon. Council Member PugmireCouncil Member moved to approve the request. EricksonThe motion carried. seconded the motion; all voted aye, none opposed. Council Member Benfield suggested that the City have participation in a public parade for the National Guard deployment of 100 soldiers. Those from the Police Department concurred with the idea. C. Council Member Erickson reviewed the meeting of the Airport Board. He indicated that they are planning some improvements for the airport. They have completed the fencing project. All of the gates are operational. The next project is to acquire the property in the fly zone as soon as possible. The Airport Board will have money available next year for that purpose. They need to trim some trees for FAA approval. The FAA pays about 95 % of the funding. The City pays 2.5 percent and the County City pays 2.5 percent. The old gas tanks have been removed from the airport. Attorney Zollinger mentioned that the article in the paper was incorrect. The property purchases are not for expansion of the airport. Discussion on what the property would be used for when the property is purchased. The FAA has requested that the purchased property be cleared for a runway protection zone per John Millar. It will be developed into a grassed area. The FAA will fund the purchased at 95%. D. Council Member Pugmire handed out draft rules for Committees in the City. He explained that the minority is protected by rules. He explained the need for flexible rules of procedures for small bodies in local government. He mentioned the Masons Manual and the Roberts Rules of Order as reference material for these proposed rules of conduct for City Committees. It is a draft copy for review. Rule 2 indicates that an elected official should place an item on the agenda. Rule 12 allows for rd amendments on the 3 reading. A copy of the rules will be available at City Hall. The last page reviews rules of conduct. He recommended having the City Council . Council procedures codified. The Council will read and study the proposal Member Young indicated that if it is already in the Idaho Code, there is not a reason Council Member Erickson to duplicate it. mentioned that he was in favour of a simplified (codified) version of the rules. City Attorney Zollinger reviewed the different parts of the codified rules that already exist in the Idaho Code. Mayor Larsen explained the model that is available for Cities to use for meetings. 17 Council Member Pugmire reviewed some previous discussions that seemed to lend a need to have a codified version of the meeting rules for guidance. E. Council Member Fullmer and Richard Horner attended a State Committee meeting in the Legislature last week that was chaired by Senator Bundy. It was time well Mayor spent to attend a subcommittee meeting and represent the City’s interests. Larsen asked the Council to expand these dialogue discussions with the County and Council Member Fullmer Sugar City. indicated that the City needs to be proactive on City issues. F. Council Member Oakey indicated that the Teton Flood Museum opened up the archive portion of the Museum to rotate items into the museum. The University will do an exhibit on flood pictures and a POW exhibit which will include a giant Nazis flag. The University plans to take video of the exhibits which will be placed on CD and kept at the University. They are planning a Video display of the Teton Dam failure. Mayor Larsen thanked the Council for attending the different Committees and for providing feedback to the Council. Mayors Report Chief Larsen asked the Mayor and the Council to donate a suburban from the Fire Department to the County Emergency Services for a donation of $3,225. Mayor Larsen explained that the money would go into the shared equipment fund for the City/County Fire Department. Council Member Fullmer moved to donate the vehicle to Emergency Services as requested; Council Member Oakey seconded the motion; all voted aye, none opposed. The motion carried. Chief Archibald indicated that the Police Station renovation is seeking impact fees to help pay for the work. Chief Archibald explained the need to have new desks which are over 30 years old. The impact fees would help pay for the desks. The best bid is 254 dollars apiece for 10 desks. They need a total of 15 desks. Council Member Fullmer moved to approve the use of impact fees for the Police Station renovation; Council Member Benfield seconded the motion; Discussion: Council Member Pugmire indicated that it seems to be soft goods instead of long term capital improvements. He mentioned that the desks could come out of the emergency fund. Council Member Fullmer withdrew his motion and Council Member Benfield withdrew her second to the motion. City Attorney Zollinger indicated that there would be 7 expansion desks out of the 15 18 requested desks. Council Member Pugmire moved to approve an expenditure from the impact funds to the remodel project for the Police Station under the current building permit. Council Member Benfield seconded the motion; Discussion: all voted aye, none opposed. The motion carried. Council Member Pugmire moved to approve the purchase of 15 desks, 15 chairs and 6 filing cabinets for a value up to $6,000 out of the Contingency funds; Council Member Benfield seconded the motion; Discussion: Richard Horner asked for the desk money to Council Member Oakey come out of the impact fees. moved to substitute wording in the motion to allow Richard the discretion to use impact funds on items that would qualify for the 20 year life requirement; Council Member Fullmer seconded the substitute wording of the motion; Discussion: Council Member Pugmire will vote nay to allow Richard the discretion to use impact fee funds for the desks. Question: Those voting ayeThose voting nay Donna BenfieldPaul Pugmire Nyle Fullmer Rex Erickson G. Farrell Young Garth R. Oakey The motion carried. The Michael WattsCity Attorney Zollinger request for bill boards in the City: passed out a letter from Alan C. Stephens requesting dialog on the denied requests for 14 Bill Kurt Hibbert Board signs inside the City limits. indicated that the Staff did follow the Sign Ordinance; however, only part of the information is presented in the letter. Kurt reviewed the denials for bill board signs from other requestors due to the County Ordinance which restricts bill board signs in the County. The Sidewalk on Millhollow Road: John Millar indicated that a home is being purchased on Millhollow Road. There is a 5 foot area on each side of the road which does allow for the installation of a sidewalk. There is adequate right of way for a sidewalk through the Garner Addition. There are three homes directly east of the Hospital parking lot that does not have room for a sidewalk on Millhollow Road due to the lack of City right of way. City Attorney Zollinger indicated that Keith Davidson could not locate a 5 foot right of way on the properties. John indicated that there is a 5 foot right of way on each side of the street in the Garner Addition. 19 Report on Projects & Quick Wins: John Millar reviewed the project file that will be available on a shared project file for the City. a)Traffic Signal by Arbys – Completed ndnd b)Traffic Signal by 2 South and 2 West is currently being rebuilt. It will cost less than $10,000 to upgrade. c)The airport apron will be redone this year. John indicated that there are between 3 to 4 million dollars worth of projects to be completed this year. Mayor Larsen reviewed a file that shows the quick wins for the City since January. The plan is to provide a hard copy of the file to Council. Richard Horner reviewed the Health Insurance that went up 13%. He will put together a spreadsheet for review. He asked to put it on the agenda for the next Council meeting. nd The County has a Gem Plan Insurance program. The 2 Item is to review the budget and the Capital Improvement Plan. The budget review Committee for the City Departments will consist of one City Council Member, Mayor Larsen, Richard Horner, and The Department Head. Mayor Larsen reviewed the survey for the Police Department. The Police Department Oversight Committee will be reviewing the results in the near future. Mayor Larsen asked the Recreation Committee to take the City Pool issue off their Council Member agenda until the City Council could give them further direction. Oakey asked the Council to allow the Committee to present the information they have gathered on the Outdoor Pool. He would like to hear from the Citizens Committee too on the information they have gathered for a recreation facility. Mayor Larsen indicated that this is a concern due to the need to allow the Council to provide some guidance to the Committees. City Attorney Zollinger explained that the Mayor has a directive to act in the capacity of his office as Mayor until direction can be given from the Council. You can not always be confident that newspaper reports are accurate. It is appropriate to consult the Council for direction. A City Committee should not go directly to the press without consulting or getting directing from the City Council to act in a certain manner. This would be an opportune moment to present rules of conduct to the City Committees. Council Member Pugmire indicated that the City Committees do need to have clear objectives. He reviewed his perception of the actions of the Recreation Committee which is seeking information on the Outdoor Pool Study. He understood that the Mayor Larsen Committee was not asked to be taken off the case. reviewed the 20 direction given to the Committee in the minutes from September 17, 2003. A motion in the minutes directed the Committee to get cost information for an outdoor pool. He City Attorney continued discussing the history of the City Pool study. He asked the Zollinger to review the legal issue for talking to the Racquetball Club about the City The City Attorney Zollinger purchasing the property. indicated that it would be illegal based on the relationship (Consenguity) of the Mayor and the owner of the Racquetball Club. Mayor Larsen received an email from the Citizens Committee indicating that the Citizens Committee was asked to update the Ohlson LaVoie City Study for a recreational facility from one Committee to another Committee. Council Member Pugmire concurred with the Mayor to take action on the numbers presented by the Committee for the cost of an outdoor pool. The Committee should give the Council recommendations on the numbers. Mayor Larsen was in disagreement with that thought. The Committees’ Charter does not allow for that type of action from the Committee. Discussion on whether the Committee should make a recommendation or not. Council Member Young recommended building bridges to the Committee because they Council have been offended with the discussion that has gone on this past week. Member Oakey indicated that the Committee mentioned that they feel like they are a Council Member Fullmer and Pugmire paper Committee. asked to allow the Richard Horner Committees to present recommendations to the Council. mentioned st that the planned training on the 31 of March will address these issues. Council Member Erickson indicated that Brad Smith will direct the Recreation Committee to do as the Council directs. He explained that elected officials should go directly to the Mayor instead of a Committee Member. An elected official should not tell a Committee member that the Mayor has overstepped his bounds. He requested the Council to get behind the City Pool project. He asked the Council Members to support the Mayor as a guide or leader for the City. Council Member Pugmire spoke with Brad about an Athletic Club proposal to do a Recreational Center in Rexburg. He reviewed the issues of representing their constituents. Mayor Larsen asked the Council to be prepared to set the vision for a Pool option for the Community. Mayor Larsen will ask the Parks and Recreation Committee to provide the information (report) from Ohlson LaVoie on the cost of the pool to the Council. Council Member Fullmer moved to have the Mayor contact Waters Edge Aquatic Design for some information to present to the Council; Council Member Oakey seconded the The motion carried. motion; all voted aye, none opposed. 21 Mayor Larsen mentioned that it is timely to include the School Board in this discussion. Community support will be lost if the School funding issues are not included in this discussion. The School District plans to have a decision by the end of June on how to proceed with the School building project. Tabled Requests: ? Commercial Design Standards (remain tabled) ? Proposed Ordinance 911 (remain tabled) Adjournment 22