HomeMy WebLinkAbout2004.03.03 CITY COUNCIL MINUTES
CITY OF REXBURG
March 03, 2004
6:00 P.M.
STATE OF IDAHO )
: ss.
County of Madison )
Present were the following:
Mayor: Mayor Shawn Larsen
Council Members:
Paul Pugmire
Donna Benfield
Nyle Fullmer
Rex Erickson
G. Farrell Young
Garth R. Oakey
Financial Officer Richard Horner- excused
P&Z Administrator: Kurt Hibbert
City Clerk: Blair D. Kay- excused
PFC: John Millar
City Attorney: Stephen Zollinger
Portions of the meeting were recorded.
Pledge to the Flag
Council Member Pugmire
moved to go into executive session concerning personnel
issues. Council Member Fullmer seconded the motion.
Those voting ayeThose voting nay
Paul Pugmire None
Donna Benfield
Nyle Fullmer
Rex Erickson
G. Farrell Young
Garth R. Oakey
The motion to go into executive session carried.
Executive session
Executive session ended
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Mayor Larsen
reviewed the need to have a work meeting concerning Ordinance 911.
He is hopeful that the City Council can receive more information that would be helpful in
putting in the Ordinance.
Mayor Larsen
requested individual public input to be limited to approximately 3
minutes.
Open discussion
Stephen Zollinger
reviewed the ordinance and its purpose. Stephen reviewed the reason
for reinserting the owner into the equation. The owner or manager needs to be involved
with the action for booting the vehicle.
Kaylonnie Hall
, Star Valley Wyoming – received a boot while returning her niece to
Baronessa Apartments. She had a diagram showing where the signs are located in that
complex. She understands the meaning for the signs and she would have had no problem
paying for the booting; however, the signs were not clearly visible. She recommended
looking at the State’s ordinances because they have had several of the same problems.
She contacted the State and the sign people said that there should be a minimum of 6 inch
lettering. The lettering on the signs stating “permit parking” were only 1 ½ inches tall.
Council Member Erickson
apologized for the inconvience. He asked if the manager or
owner had been contacted, would their vehicle been towed. Kaylonnie indicated that she
thinks that she would not have been booted if the manager or owner was notified.
The Council commented that it is hard for the City to manage what happens on private
property and that is why they want to get the owner involved with their property.
Kaylonnie had some questions about some of the wording in the draft Ordinance. She
was under the impression that this was an Ordinance already in place. The Council went
over the wording in the draft Ordinance.
Darren Helm
, Rexburg Parking Security, has been in the business for about 5-6 years.
He talked about the hassle of the owners having to be involved and that is why the
owners are so willing to have the booters watch their parking lots. The Council reviewed
the issue of needing larger signage. Darren’s signs say “permit parking only” in big
lettering at the top of his sign. His signs are reflective.
Darren had a situation with a car parking in front of two no parking signs. He booted the
car and the person called the police. Four police officers came for a parking violation.
He doesn’t think that is necessary for so many officers to show up on a booting call.
Ron Larson
, with the Rexburg Police Department, appreciates people coming to defend
this proposed Ordinance. On a daily basis he has to deal with this type of parking
problems. He talked about having numerous problems with these issues. There is a need
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for the booting of cars; however there needs to be respect for what needs to be booted and
what doesn’t need to be booted.
Council Member Erickson
asked Ron’s opinion concerning a time frame when the car
is booted.
Stuart Wells
, student at BYU-Idaho, - has had experience with the booters. He agrees
that there needs to be an Ordinance that helps the parking issue.
Scott Johnson
, Aspen Village, - would like to talk about this from a manager’s
perspective. They have to protect their complex. The people living in the apartments
have a right to park in the parking lot because they pay for their permits and they have
paid for their apartments. The manager does not want to be out signing a document to
boot a car and that is why they have booters to watch their parking lots. They just want
to protect their tenants. There needs to be a fine line.
Council Member Oakey
asked if the owner would be willing to give up some of their
big green space for more parking. Scott Johnson said that it would be a costly expense.
Council Member Pugmire
asked Scott Johnson what his recommendation would be to
solve this problem.
Scott Johnson
requested a less restrictive Ordinance. He commented that it is more
expensive to be towed than booted.
Ben Hall
, a student living with the Aspen Village, commented that he is looking for
another place to live because booting has been a problem. A ticket could be better than
booting. He suggested putting a cap on the booting charge.
D.J. Barney
, Barney towing, commented on a need to have a standard sign. The
property owner should provide the signs. Having someone from the apartment complex
meet with him before a car is booted is a burden on him and the Owners. He indicated
that fees need to be more than $25.00 for towing. The student’s need to be more
responsible that live in a complex with “permits parking only” and they need to warn
someone who is coming to see them. D.J. commented that he does not tow cars unless
the property owner calls for a tow. He may not be there right away if he is busy with
another job.
Bill Johnston
, Pineview Apartments, has been involved with another City’s parking
problem. He has had a booting company come in and watch his lot so he wouldn’t have
to be out there all the time. He has a verbal agreement with the booting company set with
his guidelines on what cars to boot and what cars not to boot. He has refunded some
people’s money because he thought that they have been wronged. They have told their
tenants through a flyer about the booting.
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Matt Fisher
, a student at BYU-Idaho, recommended that there should be a time limit
placed on how long the car should be outside. It should be clearer to students what the
law is concerning booting in private parking lots.
Council Member Fullmer
asked if there should be a time limit for no parking areas also.
Lance McDonald
, a student at BYU-Idaho, commented that this is not a big city and he
thinks that it is too much to pay $40.00 to get a boot on their car. There should be
something that says if there are other parking spaces available then there should be no
booting.
Philip Waters
, a tenant of Main Street Station, indicated that he is opposed to booting all
together. He doesn’t believe that there is a right to boot most of the cars. Who gave them
the right to put the boot on their car? He commented that it is like vandalism to a car
when someone has placed a boot on the tire. There is not enough parking to begin with
in the parking lot.
Kurtis Wood
, with the Madison County Sheriff’s Department, - received a boot when he
was not on duty. He commented that if the parking lot where he received a boot was
properly signed, then he wouldn’t have a problem with the booting. The sign was posted
on a City utility pole and that is illegal to have a sign on a utility pole. The booter would
not identify himself and he did not know if he was licensed to boot because he would not
show a license.
Brian Hallie
, with Elite Parking Service, - is opposed to having an owner agent give
consent before they boot a car in their parking lot. He mentioned that he has already
talked with the owners about the parking lot guidelines.
Council Member Benfield
appreciates everyone’s opinion and notices that there is a big
problem. The council hopes to prepare an Ordinance that takes in some of the comments
made and get it ready for the next reading.
City Council
8:20p.m.
Review Off-Premise sign requests (Applications denied)-Michael Watts
(Outdoor American roadside advertising)
Al Stephens
represented this matter and commented that this application process began
in September of last year. The applicant believes that there have been several excuses
why the applications were set back until the first of the year. The applicant was told that
the staff was in the process of working on a new sign ordinance and that was why it was
set back. The County does not permit billboards in their Sign Ordinance but this
application is in the City limits. The applicant would like permission from the City
Council for billboard signs that were denied by the City Staff. They showed a map of the
areas on the overhead screen.
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Stephen Zollinger
reviewed the applications and the reason they were denied by the City
Staff.
Kurt Hibbert
talked about the process for sign applications. These applications did
move through the process, and the applicant understood that these applications were
reviewed under the old Sign Ordinance.
Council Member Oakey
asked if the Staff had received all of the required information
for the applications. He asked if the applications were complete. Stephen Zollinger
talked about sending a letter concerning these applications. The letter indicated the
deficiencies in the applications.
Council Member Young
moved to table the matter because of the confusion; Council
The motion carried.
Member Oakey seconded the motion; all voted aye, none opposed.
Preliminary Plat for Teton Professional Park- Trejo Street
Schiess & Associates (Bagley Enterprises)
John Bagley
reviewed the proposed Professional Park on the overhead projector. John
mentioned that they are trying to make these buildings look nice.
Council Member Pugmire
moved to approve the plat under the recommendation of the
Planning and Zoning Commission; Council Member Erickson seconded the motion; all
The motion carried.
voted aye, none opposed.
Rexburg Business Park Preliminary Plat for Phase II
John Millar
reviewed the preliminary plat on the overhead projector. They changed the
lots to be bigger lots. When the first phase of the original plat was approved, it was
approved without sidewalks. Part of the Business Park is zoned light industrial and it is
intended to stay that way.
Council Member Erickson
moved to approve the seconded phase for the Rexburg
Business Park Preliminary Plat. Council Member Fullmer seconded the motion. All
voted aye except Council Member Benfield and Council Member Pugmire. Council
Pugmire discussed the need to have sidewalks on the plat as required by Ordinance.
Council Member Young
made a motion to revote on the Preliminary Plat proposal.
Council Member Fullmer seconded the motion. All voted aye. none opposed. The
motion carried.
Council Member Young
moved to deny the Business Park Plat Phase II until it
complied with the sidewalk requirement in the Ordinance. Council Member Oakey
The motion was withdrawn.
seconded the motion.
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Council Member Pugmire
moved to approve the plat contingent upon changes to The
Business Park Plat which would comply with the City Ordinances; Nyle Fullmer
The motion carried.
seconded the motion; all voted aye, none opposed.
Camping in the Park- Jack Bowman
Jack Bowman
presented a new program, mainly for young families that allows camping
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in the City Parks on June 18-19. Right now Ordinance 564 section 3, allows people in
the park from 7 a.m. until 11:30 p.m. Discussion on which City Park the camping for one
night would be allowed. Jack commented that this program gives a chance for those who
Council Member Pugmire
do not camp very much to have a camping experience.
Council Member Fullmer
suggested needing to provide for it in the statue. suggested
having a pre-registration to know how many people will attend. Jack commented that
they would have to sign up at the regular scheduled recreation signups. The Council will
have Association of Idaho Cities (AIC) meetings on that date so they would not be able to
attend. They looked at the option of changing the date. The Council suggested getting a
public gathering permit from the clerk’s office and for the proper approvals that it
requires.
Chris Huskinson- second reading of Ordinance 918- Implementing of a Knox Box or
rapid entry system within the City of Rexburg
Chris Huskinson
The Council asked if there have been any complaints. commented that
there was one; however, they didn’t have all of the information on the program; they
wouldn’t even need to be included in the program because they did not have a sprinkler
system for fire prevention or an alarm system that is connected to the Fire Department.
Council Member Pugmire
moved to approve Ordinance 918; Council Member Benfield
seconded the motion; all voted aye, none opposed. The motion carried.
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 February18, 2004 meeting
b.Approve City of Rexburg bills
Council Member Young
moved to approve the Consent Calendar; Council Member
The motion carried.
Pugmire seconded the motion; all voted aye, none opposed.
Girl Scout Proclamation
Mayor Larsen
read the Girl Scout proclamation declaring the week of March 09, 2004
as Girl Scout Week.
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Council Member Pugmire
moved to approve the proclamation as read. Council
Member Benfield seconded the motion; all voted aye, none opposed. The motion carried.
Travel Policy for City Officials
Council Member Pugmire
recommended changing the wording and adding additional
clarification to the Procedures and Rules section A.
Council Member Young
moved to approve the Resolution according to changes made.
The
Council Member Pugmire seconded the motion, all voted aye, none opposed.
motion carried.
Tree Ordinance
Council Member Erickson
This Ordinance is prepared to apply for a Tree City U.S.A.
suggested that the Ordinance be put on the agenda for a first reading next time.
Planned Residential Development Ordinance 917
Kurt Hibbert
reviewed the Ordinance 917. He went over all of the suggestions for
changes that were put into the document. The Planning and Zoning Commission
requested that this Ordinance go before the City Council for approval. Discussion on the
new Ordinance’s wording.
Council Member Pugmire
moved to approve the first reading of Ordinance 917;
The
Council Member Erickson seconded the motion; all voted aye. None opposed.
motion carried.
Update on Projects
John Millar
reviewed the condition of the waterslide at Porter Park. The repairs would
cost about $2,000. Mayor Larsen suggested moving forward and making those repairs.
The Council members were in agreement with that suggestion.
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The traffic light is up on N. 2 E. and will be synchronized with the other lights on 2
East.
The design is complete on the water and wastewater SCADA system.
John Millar
talked about painting the water tower; he went to a conference and learned
about painting water towers. They will be preparing bid opening documents for that
work. The City will be painting the inside and outside of the water tower.
Snow removal is going good.
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Discussion on Rexburg’s new slogan that will be used for the City.
Council Member Pugmire
suggested having the 1% Public Art Ordinance put on the
next agenda.
Committee Reports
Discussion on putting the “Idaho Heritage City” sign up for the City. There are two signs
and it was decided to be put them on the south exit and middle exit for Rexburg.
Discussion on funding to bring Tom Hudson in for work with the Downtown Vision
Committee.
Council Member Benfield
talked about the Smithsonian display and she would like to
involve community more. She reviewed the comments from the Traffic Safety
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Committee’s meeting concerning South 2 East and Barney Dairy Road.
Council Member’s Pugmire and Benfield
met with the Police Department for their
evaluations. They reported that these evaluations are going well.
Mayor’s Business
Mayor Larsen
handed out a copy of Quick Wins and the Council went over the Quick
Mayor’s Youth Advisory Board
Wins. The is going to take lead on Rexburg Pride
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Days. There are four separate days for this event. These days are April 30, May 22,
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June 19, and July 31. They talked about having a youth dance at the end of the clean
up project. The Council discussed some good ideas for the clean up days.
Citizens Advisory Academy
Discussion on . The Council would like more ideas and
input concerning that process.
Personnel Oversight team
The met and prepared the requirements for the grant writer
position and the permit technician. These new positions are being put out for bid.
Discussion on scheduling another meeting for the Ordinance 911 (booting cars in parking
lots). It was suggested to review the ideas mentioned in the meeting and come up with a
revised Ordinance before bring it forward for a second reading. Discussion on if booting
is legal.
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