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HomeMy WebLinkAbout2004.11.17 CITY COUNCIL MINUTES CITY COUNCIL MINUTES CITY OF REXBURG November 17, 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 Roll Call of Council Members: All Council Members were present. 6:00 p.m. Parking Regulations meeting with Apartment owners Mayor Larsen reviewed the recent discussions and the need to resolve the parking issues by working together for a workable solution. Mike McKinley – 453 Yale Avenue – indicated that booting cars during the day has created heart burn for the students. He mentioned the need to come up with an equitable solution for the apartment owners and the City. The apartment owners have been resistant to take responsibility to call the booters when a car is in violation of their parking regulations. Some people have complained to the City and requested an Ordinance to solve the problem. Regulating the parking lots by numbering the parking stalls was one solution. The apartment owners are proposing to take responsibility for parking compliance without numbering the parking stalls. During the day spots are taken by non permitted students or others that would cause confusion if the students were given the responsibility of regulating their own parking stalls. The tenant would be upset - - 1 continually if their numbered stalls were being used by others. The other problem with numbering parking stalls is that snow would cover the numbers in the winter. The apartment owners have considered using the booting deterrent only after the (11:00 p.m.) curfew time. Mayor Larsen reviewed the reasons for reconsidering an Ordinance to control indiscriminate booting of cars in private parking lots. He mentioned another issue concerning pedestrian apartments. Council Member Pugmire indicated that the apartment owners have objected to numbering the parking stalls; however, they did not mention parking permits on a one to one basis. Mike McKinley mentioned that he has only accepted the number of students with cars that he has parking stalls in his parking lot. They do not want to keep the number of cars to a specific number. Council Member Young asked if they are issuing more parking permits than they have parking stalls. Van Elg – 240 Mohawk Avenue – mentioned that they share parking lots with other property owners in aggregate to comply with the one parking stall per student. Mayor Larsen asked if they issued parking permits on a one to one basis which would be agreeable. Insurance, signage, etc. is regulated. Van Elg indicated that the parking issues are best done by self regulation. He mentioned that the City would be treading on private property rights by passing a parking Ordinance. Their main concern is having regulations that become more intrusive to the apartment owners. Parking regulations by numbering the parking stalls would be a problem. They are being less aggressive because he does not regulate the parking until 15 minutes after curfew. He does not boot the parking violators, he tows their cars to an impound lot. At night time he does not need visitor parking. They are self regulating themselves. Required visitor parking and assigned parking was very disturbing to Van. It would affect or lower his business revenue by $250,000. It would paint them into bankruptcy. Council Member Pugmire reviewed the reasons for having gross numbers of parking stalls being the same as gross number of students. Van Elg reviewed the need to have an overflow parking lot for his parking requirements; however, that parking lot was over 200 feet from the housing units and it was not paved. They are trying to come up with some solutions. Council Member Erickson asked if his apartments were under the old Zoning Ordinance which only required .4 or .7 parking stalls per bed. The hard surface would not be waived; however, the 200 foot requirement would not apply under the old Ordinance. - - 2 Richard Smith mentioned the old Ordinance does require the property owner to provide parking for the residents. He asked if the 200 foot requirement applies to the old Ordinance. City Attorney Zollinger indicated that it may be up to subjective review. Mayor Larsen asked the Council to provide direction on the parking issue. The Council can provide a Bill for discussion or do nothing on the parking issue. Council Member Erickson asked why this issue is being revisited. There have been many phone calls to City Hall and the Police Department complaining about the indiscriminate use of booting of cars belonging to students and parents. Council Member Pugmire was in favor of self regulation; however, he was concerned with the impact of parking problems on other parking lots in the City. He indicated one option was to outlaw booting. The City could create a way to have pedestrian housing by tying permits to parking stalls. The neighborhoods could be issued parking permits around the perimeter of the University. The market could react to price structure for apartments with and without parking. Council Member Erickson asked if the apartment owners advise their tenants when the parking stalls are used up. Mike McKinley indicated that the issue that needed an answer was who will take ownership of booting cars in private parking lots. He indicated to Council Member Erickson that they do turn students away when the parking stalls are full. Mayor Larsen recommended having parking onsite or at least a reasonable distance from the apartments. If that need is fulfilled, the apartment owners could boot parking violators. Properties closer to the University may need some other controls. Council Member Pugmire recommended having neighborhood permits. The City may need to consider adjusting the 200 foot requirement. Mayor Larsen did not want to encourage duplex developments (turning single family homes into apartments) without requiring parking stalls. Van Elg indicated that it was a bigger issue than just parking lot issues. Students do not always want to park in the proper places. He did not want a hasty decision. He recommended a Contractor’s Parking Ordinance with a voice recording required for conversations between parking violators and the regulating contractor. They should keep a daily log of their activities. It would provide documentation for each occurrence. Mayor Larsen indicated that the Council does not want to be hasty. - - 3 Richard Smith indicated that the University does not want to create problems; however, the booters conduct themselves too aggressively. He indicated that booting goes one without consideration. The whole issue is brought upon by the way the booters have been instructed to conduct their business. In a recent meeting, one apartment manager mentioned that he had issued in excess of 160 parking stalls over and above the number of parking stalls available to students. Richard indicated that the apartment owners needed to be reasonable and fair with the students. He reviewed the total parking available for Van Elg and Van’s individual buildings that do not have enough parking stalls for the students. Council Member Erickson indicated that there isnot enough parking on the north end of the University. The students will park where ever they can find parking. Richard Smith indicated that the Campus is expanding to the south. They are providing a plan to the City to increase parking around the north end of Campus in the near future. The University will continue to develop additional parking around the University that is meaningfully placed for the students and faculty. He indicated that more parking on the north would generate more traffic. They will build parking for the students that is within 5 minutes of the classrooms. The University is in favor of self regulation of private parking. The apartment owners need to help with self regulation by having better control of the booting of cars. Council Member Benfield asked to have the discussion continue in the future with continued dialog between the City, the University, and the apartment owners. This is just a start. Council Member Fullmer mentioned that this issue is here because of predatory booting. Mayor Larsen asked the Council to continue to review the options and move forward with the dialog. Any decisions concerning parking or booting will involve the apartment owners. 6:30 p.m. Report on Downtown Redevelopment Blue Print – Tom Hudson Mayor Larsen introduced Tom Hudson, who reviewed a 3-D presentation for the redevelopment of Downtown Rexburg on the overhead screen. His intent is to share the preliminary system behind the revitalization blue print for the Downtown area. - - 4 Tom Hudson presented some Guiding Principles for Downtown Redevelopment: Downtown Rexburg Revitalization Blueprint Program Presented by Tom Hudson, Jon Weber (The Downtown Vision Committee) Recommended by Tom Hudson, The Hudson Company and Larry Comer, Welch Comer & Associates Guiding Principles ?Downtown is a Pedestrian-Priority Destination ?Downtown is the Civic, Commercial, Social and Cultural Center of Rexburg and Madison County ?Downtown is Highly Attractive to Visitors ?Downtown is the Heart of America’s Family Community: Key Theme ?Downtown is Highly Connected to the City, BYU-Idaho & Region ?Downtown is Guided by a Public-PrivatePartnership, Including Agencies ?Circulation System Manages ‘Through’ & ‘To’ Traffic Strategically ?Downtown’s Wayfinding & Parking Systems are User Friendly ?Downtown Hosts a Central Plaza for Community Events & Activities ?Downtown is a Great Place to Work, Visit, Shop, Learn & Live Connection to Markets Circulation System ?Wayfinding System ?Parking System ?College Avenue ?Center Avenue ?Outreach; Communication ? Tom reviewed a “demonstration block” where the County Court House is located. There are immediate opportunities in this block to improve parking and the presentation of the County Seat. The second block would be the College and Carlson Avenue block. The Main Street - - 5 section and the block west of the court house would be the third block for the proposed redevelopment effort. There are parking lots that could be combined in the south blocks off Main Street. The fourth area is the entire Center Street area. Tom indicated that the alley off North Main Street resembles a blighted area at night. College Avenue - - 6 Mayor Larsen indicated his excitement for the presentation. He recognized the High School Students that attended the meeting to meet class requirements. Council Member Pugmire thanked Tom for a superb frame work presentation. He thanked Jon Weber for the Downtown Vision Committee’s efforts to help improve Rexburg. Council Member Anderson thanked Tom and recognized the need for a Central Plaza for the Downtown area. She asked Tom if he helped with the funding preparation work. Tom indicated that he did do funding preparation work with the State and the local entities. Council Member Young thanked Tom for his presentation and asked him if this presentation would be presented to the County tomorrow night. He recommended emphasizing the co- development effort with the County and the City. He thought it was a great presentation. Council Member Anderson thanked Tom for the presentation especially the County Seat presentation for the County’s block where the Court House is located. Main Street - - 7 Summary ? We as a “Downtown Vision Committee” support these guiding principles; please join us, the downtown property owners, and the downtown business community in adopting and promoting this vision as a framework to improve downtown vitality. Mayor Larsen asked for Student input. One student asked how much a new high school would cost. Mayor Larsen indicated that the money for these separate projects come from different pools of money. Both projects are needed in the Community. Another student asked how the Main Street traffic flow would be affected. Tom Hudson reviewed the endangerment of pedestrian travel across a four lane highway. He is recommending a three lane Main Street with a turning lane in the middle of the street. 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 November 03, 2004 meeting B. Approve the City of Rexburg Bills Council Member Fullmer moved to approve the consent calendar; Council Member Erickson The motion carried. seconded the motion; all voted aye, none opposed. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) – None New Business: A.Proclamation Four Paws Pet Adoptions – Home 4 the Holidays Members of the Four Paws Pet Adoption (Bob & Bobette Carlson, Jodi Johnson, Patti Miller, and Michelle Johansson) presented a proclamation to the City for consideration. They have been involved in an effort for the past year to give homeless animals in Rexburg and Madison County a home. The animals come from various places for various reasons. The members of the Four Paws Pet Adoption organization spend their Saturdays at the Valley Wide Coop helping with the pet adoption effort. They are asking the City to join in the national program of “Home 4 the Holidays” pet adoption effort. This effort may help them qualify for a $5,000 grant. They work with foster pet owners to help work with adoptable pets. Michelle is the volunteer that is going into the schools to help with the education process. - - 8 She has lived in several places in the country and she was surprised about the lack of a program for homeless animals. It is an opportune time to take advantage of the present conditions to enlarge the City/County program for pet adoptions. They have gone from 90% euthanasia to 10% euthanasia. Mayor Larsen thanked them for their effort in implementing the Community Pet Adoption effort. He read the Proclamation for the Four Paws Pet Adoptions group which encourages pet adoptions for the holidays. It is an International “Home 4 the Holidays” pet adoption campaign. Council Member Pugmire moved to approve Proclamation 2004-07 as presented by the Four Paws Pet Adoptions group “Home 4 the Holidays” as read; Council Member Young seconded The motion carried. the motion; all voted aye, none opposed. MYAB – B. Report on Youth Leadership Conference – Jacob Thatcher Jacob attended San Jose, California Leadership Conference sponsored by the MET LIFE Foundation. Youth from around the Country were involved in the 15 teams that were invited. They attended the Veterans Day Parade and they participated in Youth Workshops. He mentioned a concept of having the youth Advisory Board review City policy before making them law. Council Member Anderson asked how they were chosen. Jacob mentioned that they were chosen after submitting an application. Council Member Erickson recommended students get involved in the Youth Committee. Mayor Larsen brought good ideas back from the Conference on how to get the Youth involved in local government. He reviewed a concept of having a week long training program for the Youth to help them learn about local government functions (i.e. Garbage pickup and garbage fees, etc.). BILL No. 926 C.New Planning and Zoning Regulations– Kurt Hibbert handed out a new Planning and Zoning Bill and reviewed certain parts of the Zoning Bill. Kurt referred toPage 13, of the proposed Planning and Zoning document. The proposed residential, commercial, Highway Business, and other Zones are delineated in this chapter (3). The other Zones consist of Mixed Use (MX), Professional Office Zone (POZ), Project Redevelopment Option Zone (ProZone), Technology and Office Zone (TOZ), Airport District (AP), Open Space Zone (OS), University District (U), Transitional Agricultural (TAG1), Transitional Agriculture 2 (TAG2). The University District (U) Building Height is non-restricted; however, the setback requirements are doubled in this Zone to one foot of setback for every foot of building height. Kurt referred to Page 47, Commercial Zones; Page 68, Highway Business Zones; and Page 97, Professional Office Zones; He expressed the need to have an adult entertainment Zone specified in the Zoning Ordinance. This Zone can be regulated by the Standard Industrial Codes (SIC), listing - - 9 the different Zoning classifications. Council Member Pugmire indicated that it would be good to have specific regulations for this type of business. Mayor Larsen discussed Professional Office Zones as being implemented to replace Overlay Zones. There are properties on West Main Street that are zoned as an Overlay Zone that could be zoned as a Mixed Use Zone. The Comprehensive Plan draft on page 48 was reviewed. The Project Redevelopment (ProZone) option was reviewed. The Commercial, Residential One (R1) and Residential Two (R2) were reviewed concerning the development of the Redevelopment ProZone Option. The ProZone nd option would address 2 East neighbors concerns. nd Mayor Larsen asked if the Council viewed 2 East frontage as a Commercial area or does it have the look of a neighborhood? He mentioned that the Historical Preservation Committee nd viewed 2 East as having the basic look and feel of a neighborhood. The Council discussed Dr. Lovell’s plan to expand parking west of the Medical Plaza. The Prozone option may be applied on a case by case basis. The ProZone option works in an Residential One (R1) density as provided in the Comprehensive Plan Map. Mixed Use needs to be applied in the Residential Two density (R2) as provided in the Comprehensive Plan Map. Kurt commented on the Neighborhood Business District as a needed option in the Planning and Zoning Ordinance because it is allowed in the draft Comprehensive Plan document under a layer use designation. Council Member Fullmer BILL No. 926 ( moved to consider theNew Planning and Zoning Regulations) as first read; Council Member Erickson seconded the motion; all voted aye, none The motion carried. opposed. BILL No. 932 International Building & Plumbing Code 2003 D.– Val Christensen passed out a new Bill to the Council that he marked in yellow. This building code changes ½ inch to 5/8 inch sheet rock to separate the garage and the home. The other change concerned rebar requirements in the foundation. Plumbing fees were added to the proposed Ordinance that is currently being charged by the City. Council Member Fullmer BILL No. 932 (International Building & moved to first read Plumbing Code 2003) ; Council Member Benfield seconded the motion; Discussion: It is going Council from a 2000 International Code to a 2003 International Code with minor changes. Member Young reviewed the local changes to the code as discussed the addition of Plumbing The motion carried. fees. All voted aye, none opposed. Findings of Fact for Life Safety E.IBC Board of Appeals – Val Christensen reviewed three challenges to the Life Safety requirements from three residents. They requested a review of the Building Departments findings for Life Safety requirements by the IBC Appeal - - 10 Board. There is an appeal process by the Appeals Board to uphold or reverse the Building Departments findings. The Appeals Board decision is then ratified by the City Council. 1) Jim Brague, owner of the Woodman building located at 57 East Main Street was appealing the requirement to add windows to bedrooms at his apartments because they were not feasible. The apartments are on the second and third floors on his building. They are constructed so that the kitchens and living rooms are adjacent to the street. The bedrooms are located in the back of the apartments and have no exterior walls in which to install windows. After review, the IBC Board requested the following: a)Changing out an existing window in each apartment that is closest to the bedroom doors so that it meets IBC standards. b)Installation of a rope or chain ladder that would lower from the above mentioned window. c)Installation of smoke detectors outside of each bedroom door. nd 2) Steve Nethercott owner of the Stadium View apartments located at 52 West 2 South indicated that adding an egress window into one of his basement bedrooms was unnecessary due to the fact that the room already had two doors on opposite walls. One door lead into a small hall area adjacent to the living room. After review, the IBC Board requested the following: a) They decided against Mr. Nethercott’s request to avoid installing the larger window. th 3) Jerry Scrivner owner of a basement apartment at 342 East 5 South does not have an exit to the outside, an approved corridor, or an approved balcony as required by the Life Safety Ordinance. Because the apartment exited into the foyer of the main home, Mr. Scrivner did not agree that the apartment needed an outside entrance. After review, the IBC Board requested the following: a) An exterior entrance into the basement apartment would be required. Although the IBC Board denied the requests on #2 and #3; #1 had other recommendations to relieve the complainant. #1 did not have exterior walls to allow for egress windows. By making a living room window egress with a rope or chain ladder, the Appeal Board would approve it. Council Member Erickson asked if Mr. Brague had agreed to do the recommendations. Val indicated that he had not agreed to do the requirements at that time. The other two are in the process of complying with the Appeals Boards recommendations. Council Member Erickson moved to approve and uphold the IBC Boards recommendations; Council Member Benfield seconded the motion; Discussion: Council Member Fullmer asked the The motion Council if the requirements were reasonable. All voted aye, none opposed. carried. - - 11 Council Member Young reviewed the issue of a second inspector finding additional problems concerning the Life Safety Ordinance on a follow up visit after the first inspector may have missed a life safety concern on the first visit. Val indicated that the Department has been so busy that they may have missed some items on a first visit that were discovered on the second inspection. st Council Member Anderson reviewed the deadline for the Life Safety program as of July 1, 2004. City Attorney Zollinger explained that Val would follow reasonable time lines to have the owners make the necessary repairs. BILL No. 933 International Fire Code 2003Chris Huskinson F. – explained the need to update the fire code. The Code is mandated by the State to be adopted by January 01, 2005. He reviewed the changes to the new Ordinance that the City has added or modified. Stand out items are permit fees and plan review fees. Idaho Falls, Blackfoot, and Jefferson Central fire Marshals are working to adopt the same fire code up and down the Snake River Valley. The Permit Fees and Plan Review Fees are new to Rexburg Fire Department as outlined in the following Sections. Section C. Two types of Permits are available as set forth in Section 105.1.2 (Types of Permits). They are Operational Permits that allow the applicant to install or modify systems and equipment for which a permit is required by Section 105.6. These Permits are for a prescribed period of time or until renewed or revoked. The second type is a Construction Permit which allows the applicant to install or modify systems and equipment for which a permit is required by Section 105.7. Both of these Permits cost $50.00 as set forth in the Fire Code 2003. Section L. Life Safety Permit covered in Section 113.1 requires a $100.00 annual fee for the City to provide a Life Safety Permit. The applicant must have the proper credentials to work on a sprinkling system. Section O. Plan Review Fees are new for the Fire Department to review Structural Plans. The majority of Fire Departments in the State charge these fees. Mayor Larsen asked where the fees would be applied. Chris indicated that they would be applied to Commercial buildings in the City. The County has the 1994 Fire Code. The City can make it more stringent but not less stringent than the International Fire Code 2003. Council Member Erickson asked if the Code meets legal requirements. City Attorney Zollinger mentioned that the fees will need to go through a public hearing process. Val indicated that the State mandates mechanical fees if they inspect. - - 12 Council Member Fullmer asked the Fire Department to identify what the new changes are in the International Fire Code 2003 verses the current International Fire Code 2000. Council Member Fullmer BILL No. 933 moved to first read International Fire Code 2003; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. Budget Report Richard Horner G.– presented the approved City Budget to the Council. He reviewed the Budget with a graph presentation. Total Revenue sources, which include Operating Revenues and Capital Revenue. Fund transfers are used to move Budget money between funds. It is a double entry accounting process. The General fund is a catch all fund for the Fire Department, Police Department, Recreation Department, and Administrative Budgets. The Operating expenses cover the day to day operation of the City. The Nature Park and the Porter Park Pool are not on the operations budget. Council Member Pugmire and Council Member Erickson expressed a desire to have the City spend more funds on the City Parks. Council Member Fullmer requested to allocate a line item for Parks & Recreation on a long term expansion program. John Millar & Richard Horner are putting together a Capital Investment Plan for the City Parks and the Recreation Programs. The new Budget report will indicate what funds are tax based funds in the budget. The City taxes are 23 percent of the total County tax bill. City residents contribute 40% of the taxes for the entire County. The City residents provide about 50% of the assessed valuation of the total County tax assessment valuation; therefore, the City tax payers are paying about 50% of the County’s Budget. Mayor Larsen will review the City Department Budgets monthly. Richard Horner mentioned that Right of Way Use Fees and Utility Franchise Fees are transferred to the Street Department Budget. Employee Safety ProgramNatilyn Varela H. changes – Employee Committee representative reviewed the need to change a safety program that was started in 2002. The claims for injuries in recent years are as follows: 2000 - 1)$57,389 2001 - 2) $39,210 2002 3) - $33,238 2003 4)- $26, 251 2004 5)- $13,600 Natilyn reported that there is a $33,000 balance for the Workers Compensation Reserve Fund in 2004. She reviewed the current incentive payout program that encourages employees to work safely. The Employee Committee is proposing to change the incentive program (bingo) to encourage more City employees to participate in the Safety Program. The new requirements would require an employee to attend a monthly safety meeting and participate in a total of 4 risk assessments; one per quarter with other City Departments. If an employee has an accident, they - - 13 would not be allowed to participate in the program for that quarter. The incentive payout would be $50.00 per quarter with a bonus of $50.00 at the end of the year if the employee attended 12 safety meetings without having to make up any meetings and did 1 risk assessment per quarter. The maximum payout would be $250.00 per each participating employee. Two excused absences for safety meetings would be allowed per year. A risk assessment would require an employee to spend some time in another City Department and watch the daily tasks and review their work practices and then make recommendations to encourage safety. The Employee Committee is planning to discontinue Bingo December 01, 2004. The Bingo costs $6,000 in payouts and $6,000 ($100.00 at the end of the year) for attending safety meetings and doing risk assessments on other City Departments. The new quarterly program would cost about the same as the Bingo program. Mayor Larsen asked for an example of a major claim for Workers Compensation. Richard Horner referred to a slip and fall accident as possibly being a major claim. Richard mentioned that the costs are doubled because when the claims go up the dividends go down. If a Department has a $15,000 claim, their premiums will increase by about that same amount over the following two or three years. The City Council discussed the Risk Assessment reviews and they asked if the assessments are being followed by the City Departments. There was some indication that there could be better communication and compliance to the review recommendations. Council Member Young asked where the prize money Budget is allocated. Richard Horner indicated that it comes from the Workers Compensation Claims account. There is more emphasis on attending safety meetings and doing risk assessments. Everyone can participate equally in the quarterly program. Council Member Young asked why this incentive program was not a part of the Employee Manual. Richard agreed that it would be a good idea to include the Employee Safety Program in the Employee Manual. Council Member Pugmire moved to adopt the Employee Safety Program from the Employees Committee as presented; Council Member Fullmer seconded the motion; Discussion: Council Member Anderson asked for it to be a mandatory employee program; Mayor Larsen liked the inclusion of the Employee Safety Program into the Employee Manual. All voted aye, none The motion carried. opposed. Public Hearings: None - - 14 Old Business: th A.Walker Family agreement for 4 South construction project – Staff th City Attorney Zollinger reviewed a draft copy of an agreement to construct the east end of 4 North which would tie into Barney Dairy Road. Utilities will be managed by the City. The Public Utilities are the Walker’s responsibility. THIS AGREEMENT is made and entered into as of this ___ day of November, 2004, by and between The City of Rexburg, a municipal corporation of the State of Idaho, referred to herein as "the City", and Ray W. Walker, Sharon Orme, W. Keith Walker, Darlene Davidson, Lois W. Grover and Joan W. Johnson, each in their own individual capacities, as individuals residing within the State of Idaho, with the group of individuals being referred to collectively herein as "the Walkers", WITNESSETH: In consideration of the mutual covenants, conditions and agreements contained herein, the Walkers do hereby agree to convey to the City and the City does hereby accept conveyance from the Walkers, the real property hereafter identified as the demised premises pursuant to the following terms and conditions: l. DEMISED PREMISES. The demised premises consist of the real property located along the south bank of the Teton River, Rexburg, Madison County, State of Idaho, and described more specifically as follows, to-wit: Lot 1, Division 2 of the Walker Addition. (Approximately 8.3 total acres.) Together with the tenements, hereditaments and appurtenances thereunto belonging or appertaining. 2. TERM. The term of this Agreement shall be a period of no more than thirty-six (36) months commencing on the date this Agreement is fully executed, and extending to midnight on the November 30, 2007. 3. PERFORMANCE. 3.1 The City covenants, stipulates and agrees to design, let for bid, and manage the construction of the roadway currently scheduled to connect Fourth North and Barney Dairy Road, as shown on the Division 2, Walker Addition Plat, together with a temporary Cul De Sac which complies with the applicable City standards for such temporary turn around. - - 15 3.2 The Costs associated with the above referenced design, bidding and construction of the roadway shall be the responsibility of the City, after having received enforceable assignment of the applicable sections of all Purchase and Sales Agreements relating to cost sharing on the A@ part of parcel purchases within the Walker Addition. (See sample attached Purchase & Sales Agreement). 3.3 The City agrees to accomplish the construction of the roadway to the point of the Cul de Sac no later than June 30, 2005. 3.4 The City further agrees to design, bid and construct the remaining portion of the roadway connecting Fourth North to Barney Dairy Road in accordance with the currently existing Walker Addition Plat, on or before October 31, 2007. Again, the costs associated with this construction shall be the responsibility of the City in conjunction with the assignment of the appropriate Purchase and Sales Agreements. 3.5 The Walkers shall transfer interest in the 8.3 acres in connection with the execution 2 of this Agreement, with the remaining interest to be transferred upon completion of the 2 roadway to its connection with Barney Dairy Road. It is estimated that the 8.3 acres has a value of approximately $800,000.00, which amount shall be donated in its entirety as a gesture of community good will by the Walkers. As a result of this donation, the Walkers will have no further expense associated with the construction of the roadway connecting Fourth North to Barney Dairy Road. 4. USAGE OF PREMISES. The City shall have unencumbered use of the demised premises immediately upon execution of this Agreement, and shall have any and all necessary access required for the design, bidding and construction of the roadway. 5. UTILITIES. The City shall be responsible for coordinating the installation of water and sewer, as well as working in cooperation with the designated representative of the Walkers to insure that all public utilities such as phone, cable, natural gas and power utilities are installed. It shall be the responsibility of the Walkers or their designated representative to insure that all of these utility contractors have completed their respective installations in a timely manner to allow the City to complete the construction of the roadway as set forth above. 6. SIGNS. The City shall erect and maintain any signs necessary for the proper identification of the roadway, and for traffic control. 7. MUTUAL RELEASE OF LIABILITY. Neither the Walkers nor the City shall be liable to the other for any business interruption or any loss or damage to property or injury to or death of persons occurring on the demised property, the roadway or the adjoining property, or in any manner growing out of or connected with the Citys use of the demised premises or the construction of the roadway, or the condition = thereof, or the adjoining property, whether or not caused by the negligence or other fault of the - - 16 Walkers or the City or their respective agents, employees, subtenants, licensees, or assignees. This release shall apply only to the extent that such loss or damage to property, or injury to or death of persons is covered by insurance, regardless of whether such insurance is payable to or protects the City or the Walkers or both. Nothing in this paragraph shall be construed to impose any other or greater liability upon either the Walkers of the City than would have existed in the absence of the paragraph. This release shall be in effect only so long as the applicable insurance policies contain a clause to the effect that his release shall not affect the right of the insured to recover under such policies. 8. TIME IS OF THE ESSENCE Time and prompt performance of each and every term, covenant and condition of this Agreement is material and of the essence of this Agreement. Every term, covenant and condition is a material term, covenant and condition of this Agreement. Performance means compliance that is full and to the letter of this Agreement Substantial compliance will not be sufficient. 9. EVENTS OF DEFAULT. 23.1 The following or any of them constitute an event of default of the terms of this Agreement: (A) Failure by the City to timely complete construction of any portion as set forth above, when due if the failure continues for sixty (60) days after written notice has been given to the City; (B) Failure by the City to perform any other provision of this Agreement required of the City, if the failure to perform the same is not cured within sixty (60) days after written notice has been given to the City; and (C) Failure by the Walkers to timely transfer unencumbered title to the demised premises. 23.2 Upon the occurrence of any event of default, and the failure, neglect or refusal of the defaulting party to cure the same during any notice period required for such default specified above, without further notice, the aggrieved party shall be entitled to effectuate such rights and remedies against the defaulting party as are available under the terms of this Agreement and the laws of the State of Idaho, including, without limitation, the following remedies: (A) The immediate right, but not the obligation, to terminate this Agreement, and all rights of the defaulting party hereunder by giving written notice of aggrieved partys = election to terminate. Should the aggrieved party terminate this Agreement, they may recover from the defaulting party all damages that may occur by reason of defaulting partys breach, including the cost of recovering the premises, reasonable attorney's fees, = and the worth at the time of such termination of the improvements performed, if any, to the roadway. 23.3 The remedies provided in this Agreement are cumulative in addition to any remedies now or later allowed by law or equity. The exercise of any remedy shall not be exclusive of the right to affect any other remedy, allowed under the terms of this Agreement, or now or later allowed by law or equity. 23.4 Any delay in enforcing the terms of this Agreement or any considerations or departures therefrom shall not operate to waive or be deemed to be a waiver of any right to require compliance that is full and to the letter of this Agreement or to thereafter require performance in strict accordance with the terms of this Agreement. - - 17 23.5 In the event that any remedy granted under the terms of this Agreement is held void or unenforceable, the aggrieved party shall nevertheless have all of the other remedies provided in this Agreement that are not contrary to law. 10. ENFORCEMENT. Should either party default in the performance of any covenants or agreements contained herein, such defaulting party shall pay to the other party all costs and expenses, including but not limited to, a reasonable attorney's fee, including such fees on appeal, which the prevailing party may incur in enforcing this Agreement or in pursuing any remedy allowed by law for breach hereof. 11. NOTICES. Service of any notice permitted or required under the terms of this Agreement shall be deemed complete upon the deposit of the same in the United States Mail, by Certified or Registered Mail, addressed to the City at P.O. Box 280, Rexburg, Idaho, 83440; or addressed to the Walkers at 1143 Barney Dairy Road, Rexburg, Idaho, 83440, as the case may be, or such other address as either shall hereafter in writing to the other designate, or by causing said notice to be served personally upon the City or any one of the Walkers the case may be. In the event there be more than one (1) person constituting the City or the Walkers herein, service by mail or personal service as provided above upon any one person in such party shall be good and sufficient service upon all persons constituting such party the same as though such service had been made upon each and every member of such party. 12. IDAHO LAW GOVERNS. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho. 13. MODIFICATION. This Agreement contains the entire agreement between the parties and may not be modified or changed orally, but only by an agreement in writing and signed by the party against whom enforcement of any waiver, change, modification, or discharge is sought. 14. SEVERANCE AND VALIDITY. In the event any provision of this Agreement or any part thereof shall be determined by any court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions hereunder or parts thereof, shall remain in full force and effect, and shall in no way be affected, impaired or invalidated thereby, it being agreed that such remaining provisions shall be construed in a manner most closely approximating the intention of the parties with respect to the invalid, void or unenforceable provision or part thereof. - - 18 IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written. The City of Rexburg The Walkers ______________________________ ______________________________ Shawn Larsen, Mayor Ray W. Walker ATTESTED: ______________________________ Sharon Orme ______________________________ ______________________________ Blair D. Kay, City Clerk W. Keith Walker ______________________________ Darlene Davidson (SEAL) ______________________________ Lois W. Grover ______________________________ Joan W. Johnson - - 19 STATE OF IDAHO ) ss: County of Madison ) On this _____ day of November, 2004, before me, the undersigned, a Notary Ray W. Walker, Sharon Orme, W. Public, in and for said State, personally appeared Keith Walker, Darlene Davidson, Lois W. Grover and Joan W. Johnson , known or identified to me to be the persons that executed the above attached instrument and acknowledged to me that they individually executed the same of their own accord. __________________________ Notary Public Residing at Rexburg, Idaho My Commission Expires: (SEAL) Council Member Pugmire moved to have the City Council authorize Mayor Larsen to execute the land transfer agreement between the Walker Family Trust and the City of Rexburg as described by City Attorney Zollinger; Council Member Fullmer seconded the The motion carried. motion; all voted aye, none opposed. B.Review street projects included in LID 34 thnd (i.e. Roundabout proposal on 4 South and 2 West) John Millar reviewed the proposed street projects to maintain a 15 year capital improvement Maintenance Plan. He indicated that the City would need to spend about one million dollars per year to get the Street projects completed on a routine schedule. The average maintenance needed for the City’s 60 miles of road would require 3 miles of street maintenance per year. This would equate to 21 blocks per year. John indicated that the City is only spending about $450,000 per year on street maintenance. They try to get 50 years of life out of a City street. The City streets are showing wear and many are in need of some attention. John presented a list of 19 street projects that need to be scheduled for maintenance. Some of those projects include the following: Sunset Circle (LID)$75,000 1) thnd Widen 7 South at 2 West $50,000 2) (need ROW) ndth 3) 2 West (Main St. to 4 South) $300,000 ndnd 4) 2 North (Center St. to 2 East) $200,000 thnd 5) 5 West (2 North to corner) $75,000 ndstnd 6) 2 West (1 to 2 North) $100,000 nd 7) Millhollow (2 South to Rolling Hills) $100,000 8) Madison Avenue (drainage) $50,000 9) Walker Drive (land by river) $50,000 rdrdth 10) 3 East (3 South to 4 South) $75,000 Downtown Alleys $100,000 11) 20 Downtown Parking$50,000 12) Street Side Amenities $25,000 13) Pedestrian Crossings (LID) $5,000 14) 15) Fence & Sidewalk at the Airport $25,000 Roundabout $150,000 16) thrd 6 South at 3 West (shared w/developers) $10,000 17) City Wide seal coating $100,000 18) thth Drainage problem (4 South & 4 West) 19) Lift station pump to canal $75,000 The City Council directed John to start the preliminary work on several of these projects. Some of the projects will have LIDs. John mentioned that reconstruction projects have not been charged to the residents in the past. It is an option to assess part of that cost to help with funding of reconstruction projects. C.PacifiCorp (Utah Power) Franchise Agreement Renewal BILL No. 929 (second reading) Council Member Pugmire moved second read the Franchise Agreement Renewal Bill No. 929; Council Member Young seconded the motion; all voted aye, none opposed. The motion carried. 10. City Council Report: G. Farrell Young A. reported that last Thursday the Tabernacle was filled to seating capacity for the Veteran’s performance. It was a great event. st Donna Benfield B. reported that the Beatification Committee developed their 1 priority as signage on City Entryways, City Parks and Downtown Rexburg Signs. They plan to nd enlist the help of University resources to help on the signage. The 2 priority is on and off ramps to the City. It will take a couple of semesters to complete the plans for these projects. The plans will be presented to the City Council after the design is complete. Council Member Erickson has pictures of the North exit to Cedar City, Utah. Council Member Benfield reported that the Traffic Safety Committee met and reviewed the th proposed roundabout for 4 South. They voted to move forward with the roundabout project. They were concerned about the public perception of a roundabout in the City. Eagle Projects for the City are being proposed by Gerald Griffin from the University. She reminded the Council about the upcoming Holiday Parade to start the Holiday Season. Mayor Larsen, Council Member Benfield, Council Member Fullmer, and Council Member Erickson will be at the Parade. They will plan to ride the fire truck from the Fire Department. The Oversight Committee has completed the Customer Support Services Department review with the employees. It was a very good review. John Millar mentioned that the winter banners are up on Main Street. 21 Rex Erickson C. none Paul Pugmire D. reported that the planning phase of the proposed 9 hole addition to the Teton Lakes Golf Course is 80-90% complete. He asked the Council to provide input to the Golf Board if they have any changes to the plans. Council Member Pugmire indicated the Kevin Atkinson is superb Golf Course Designer. There is some concern with the canal being open or should it be covered. st Nyle Fullmer E. reported that the Emergency Services Board meets every month on 1 Tuesday at 6:00 p.m. They need to work on Standard Operating Procedures. He discussed the pay grade issues. There is a need to have longevity pay. Irma Anderson F. reported on the Parks and Recreation Committee assignments. They are working on a proposal for the revitalizing of Porter Park. It will be presented to the th City Council on the 15 of December. Council Member Young asked the Council to thank the Standard Journal for the $10,000 donation to the proposed Spray Park in Porter Park. It was a very good and sincere offer. The Museum Committee met for the first time in awhile and they are planning to move forward with new direction. They want to be called a Board instead of a Committee. One challenge for the new Museum Board is to define their ownership in the function of the Museum. They will try to have Terrill Arnold record information concerning the Museum and items in the Museum. Three of the Museum Board members are from the University Library. Mayor’s Business: Mayor Larsen thanked the Council for working with the Committees. He asked Council Member Anderson about having County support for the Rexburg Museum. Mayor Larsen requested the Council to confirm the appointment of Lola and Doyle Walker to the Museum Board and Alicia O’Boyle (BYUI Representative) to the Rexburg Beautification Committee. Council Member Fullmer moved to approve the appointments as requested; Council The motion Member Benfield seconded the motion; all voted aye, none opposed. carried. 22 Calendar November 18, 2004 8:00 a.m. Community Council at the (Hospital) the Council is invited to attend. November 18, 2004 6:00 p.m. Joint County/City Meeting November 18, 2004 7:00 p.m. Work Meeting with Planning & Zoning Commission December 1-4, 2004 National League of Cities Conference December 8, 2004 7:30 p.m. City Council Meeting December 9, 2004 7:00 p.m. Employee Benefits Dinner (BYUI) December 15, 2004 7:30 p.m. City Council Meeting December 16, 2004 6:00 p.m. Joint County/City Meeting January 05, 2004 6:00 p.m. Vision Planning Meeting with Department Heads January 11, 2005 8:00 a.m. All City Staff Meeting January 12, 2005 7:30 p.m. City Council Meeting January 22, 2005 Snow Fest January 26, 2005 7:30 p.m. State of the City Council Meeting February 02, 2005 7:30 p.m. City Council Meeting February 16, 2005 7:30 p.m. City Council Meeting February 17, 2005 6:00 p.m. Joint City/County Meeting March 02, 2005 7:30 p.m. City Council Meeting March 16, 2005 7:30 p.m. City Council Meeting March 17, 2005 6:00 p.m. Joint City/County Meeting March 30, 2005 7:00 p.m. Citizen’s Committee Academy/Volunteer Recognition Night Report on Projects: John Millar - Working on the Public Right of Way Ordinance for the next meeting. The bike path is paved through the LP property. Tabled requests: Resolution 2004-22 (Adoption of Vision 2020 Rexburg Comprehensive Plan) Smoke-free Air Act of 2004 discussion – Madison County Health Coalition Parliamentary Procedures need to be added to the tabled items. Adjournment ____________________________________ Shawn Larsen, Mayor ___________________________________ Blair D. Kay, City Clerk 23