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HomeMy WebLinkAbout2004.12.08 CITY COUNCIL MINUTES CITY COUNCIL MINUTES CITY OF REXBURG December 08, 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: 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 17, 2004 meeting B. Approve the City of Rexburg Bills Council Member Fullmer moved to approve the consent calendar; Council Member The motion carried. Anderson seconded the motion; all voted aye, none opposed. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) - None New Business: 1 Final Plat A. for Mill Hollow 2 – South Millhollow Road – Robert Sipherd John Millar reviewed the location of the plat from Rolling Hills Drive to the existing 4 homes on the east side of Millhollow Road. There are six lots plus one on the very end. He reviewed a platting error that limited the right of way on one lot. The City required Mr. Robert Sipherd to negotiate some right of way for a silver of land in front of one home. There has been a lot of discussion on this request because it sits along the brink of the hill. In the Planning and Zoning discussions there was concerns that the owner/developer would seek set back variances after the plat was approved. Therefore, Planning and Zoning required additional language to be added to the plat that these lots would not be approved with a variances to the set backs. They tried to close that window up front. The roadway will be constructed to current standards. Planning and Zoning has reviewed the plat and recommended it for approval. Council Member Benfield mentioned that four of the lots have setbacks that go out farther into the roadway. John indicated that their legal descriptions go to the current center of the roadway. She asked for the measurement of the setbacks. John indicated that right of way set backs for these four lots is 34 feet. There is not any dedicated right of way for the remaining lots in the plat. John indicated that the City has talked to the property owners without dedicated right of way and they understand that they will have to correct that problem some day. Council Member Pugmire asked if the homes would be built on stilts. John indicated that two story basements would have to have some structural engineering. Council Member Pugmire Final Plat for Mill Hollow 2 moved to approve the located on South Millhollow Road; Council Member Erickson seconded the motion; all voted The motion carried. aye, none opposed. Preliminary Plat B.for River Woods Town homes conversion to Condominiums (Trejo Street) John Millar reviewed the request to convert apartments to condominiums on the overhead screen. He noted that there is a commercial development across the street by the Bagley’s property. Council Member Erickson indicated that the units were planned with condominium specifications. Council Member Pugmire reviewed a need to change the Zoning Ordinance to preclude plats from being changed from one type of construction to another construction after they are approved. 2 City Attorney Zollinger mentioned that the units could be built as apartments if the development was denied as a Condominium. The builder is building to a higher standard than needed for an apartment complex. The existing zoning allows apartments in this location. He could not think of a condition that would allow this request to be denied. Council Member Pugmire indicated that private ownership is a good situation. He was concerned with the City being put in a bad light by changing plats. City Attorney Zollinger mentioned that the Constitution of the United States allows for private property rights to be exercised. Council Member PugmirePreliminary Plat for River Woods moved to approve the Town homes conversion to Condominiums; Council Member Erickson seconded the The motion carried. motion; all voted aye, none opposed. Resolution 2004-23 C.creating a Merchant Account with Zions Bank Richard Horner indicated that the City will allow checking account transfers (ACH Transaction) that automatically debit a customers checking account for their utility billings. The program will allow for credit card transactions on the internet in the future. Over the counter credit card transactions will be coming too. Richard was concerned with high payments amounts that cause high credit card charges from the bank for processing the credit card payment. Some cities do charge a convenience fee for offering a credit card payment option. Richard proposed to charge for payments that are over $200. Council Member Erickson indicated that by eliminating bad debt, the credit card option would pay for its self. He questioned how many customers would fall in the $200 category. Council Member Pugmire recommended passage of the Resolution. He recommended budgeting for the cost in future budgets. Council Member FullmerResolution 2004-23 moved to approve ; Council Member The motion carried. Erickson seconded the motion; all voted aye, none opposed. Council Member Young mentioned that the agreement is with Zions Bank. document and handling fee for credit card transactions D.Discussover $200.00 This discussion was included in item C. above. Cartographer E. full time position – GIS Department 3 Craig Rindlisbacher reported on the need to create a full time position in the GIS Department. They are located in the Community Development Building at 19 East Main Street. The Department is having a problem meeting the needs of the public in the new location. They produce 300 to 400 maps per month for Staff and customers. The Department is trying to stay connected or in touch with all City Departments in the new environment. Since GIS is located on one computer server under the new location, the employees have been given access to the GIS mapping system. This will increase the employee access to the mapping data. Every employee will have access to the GIS database in the future in their separate departments. Craig indicated that the County has a need to support ½ of the position to keep up with the County’s mapping requirements. Craig asked the Council to approve a full time position for a current part time employee. nd The City would pay half of the cost of the position and the County would pay the 2 half. Council Member Anderson asked how the position would be funded. Craig indicated that he had the position budgeted in his budget except for about $4,000 which will be allocated to other City Departments (Streets, Utilities, etc.) that use GIS mapping facilities. Council Member Young ask Richard Horner if there is budget money available. Richard indicated that the position is budgeted out of the Planning and Zoning Department, Engineering, Streets, etc. Council Member Pugmire asked Craig what additional equipment is needed for the full time position. Craig would like to update the new employee’s computer. Council Member Erickson asked if the additional $4,000 in budget money is available from the other Departments. Richard indicated that the money was available. The Council discussed the recent GIS Department review by the Oversight Committee. The review went very well and this full time position was discussed at that time. Council Member Erickson Cartographer moved to approve the full time position for the GIS Department; Council Member Benfield seconded the motion; all voted aye, none The motion carried. opposed. Report on a Parking F.Enforcement meeting with BYU-I & Apartment Owners – Staff City Attorney Zollinger reviewed the discussion of the recent meeting with the apartment owners and the University Representative Richard Smith. The apartment owners preferred to edit the original 911 BILL that had its first reading in December of 2003. They were opposed to assigned parking for their parking lots that was presented as an option in a recent Council meeting. They will present a proposal to the City in 2 to 4 weeks. They are prepared to do away with predatory towing and booting. Virginia Pratt and Van Elg were available at the meeting to answer any Council questions. The 4 apartment owners were concerned with tracking parking stalls in the winter when the lots are covered with snow. Some apartment owners have problems during school time with day time violators in their parking lots and some apartment owners have problems after curfew in the evening. The Council discussed the need to have guest parking. Council Member Erickson asked if they are prepared to police their own lots themselves. City Attorney Zollinger indicated that the apartment owners present at the recent meeting were favorable to the idea of policing their own parking lots. The concern is that predatory booting can be done by non-reputable booters. An ordinance would help control this problem. Council Member Pugmire asked if the group was going to address the apartments around the University that do not have parking available. He asked for BILL 911 to be on the January agenda. City Attorney Zollinger indicated that members of OSHARE (Off Campus Student Housing Association) will get back to the City very soon. Council Member Young asked if they addressed the issue of having more cars than parking stalls in some of the apartment complexes. City Attorney Zollinger indicated that Provo does allow 15% over flow parking due to Provo’s ability to allow parking on the City streets. He suggested having parking enforcement for parking problems not parking enforcement for profit. Richard Smith agreed that an Ordinance is needed. The University would like the City to address the offsite parking proposals from apartment owners that are seeking parking over 200 feet from their apartments. Council Member Erickson asked about the additional parking that is in the works for the northwest corner of the Campus. Richard indicated that the University is discussing some proposals at this time. The University is in the process of increasing parking for University Students in a very meaningful way. Council Member Pugmire thanked Virginia, Van, and Richard for coming to the meeting. The Council discussed putting BILL 911 back on the table for review. Council Member Pugmire moved to call BILL 911 from the table for the January 12, 2005 agenda; Council Member Fullmer seconded the motion; all voted aye, none The motion carried. opposed. Public Hearings: None 5 Old Business: BILL No. 931 A. Smoke-Free Environment – Madison County Health Coalition City Attorney Zollinger The Council discussed the issue of bowling alleys being the reason for BILL 931. Council Member Pugmire moved to first read BILL 931. Council Member Erickson The motion carried. seconded the motion; all voted aye, none opposed. nd BILL No. 932 B.International Building & Plumbing Code 2003 (2 Reading) Council Member Pugmire asked if the first reading generated any calls or comments. John Millar did not have any examples of opposition to the updated International Building & Plumbing Code 2003. John indicated that this will bring the City into compliance with the State Building Code Statute. Council Member Pugmire BILL No. 932 moved to second read for the International Building & Plumbing Code 2003; Council Member Young seconded the motion; all The motion carried. voted aye, none opposed. nd BILL No. 933 C.International Fire Code 2003 – Chris Huskinson (2 Reading) Chris Huskinson reviewed the International Fire Code and asked for questions from the Council. Council Member Pugmire asked if the changes presented in the BILL 932 were made by the City. Chris indicated that they were changes made for the local authority. Council Member Pugmire asked Chris if there was any opposition to the new proposed Ordinance. Chris mentioned that the people Chris contacted were not opposed to the new Ordinance. Council Member PugmireBILL No. 933 moved to second read for theInternational Fire Code 2003; Council Member Benfield seconded the motion; Discussion: City Council Member Fullmer asked if the City Attorney had reviewed it. Chris indicated that it had been reviewed by the City Attorney. All voted aye, none opposed. The motion carried. rd BILL No. 929 D.PacifiCorp (Utah Power) Franchise Agreement Renewal (3 Reading) Mayor Larsen introduced the Franchise Agreement BILL 929 with PacifiCorp. The Council discussed the Franchise Agreement. 6 Council Member Pugmire moved to third read BILL 929 for approval as an Ordinance; Council Member Erickson seconded the motion; Discussion: Council Member Young asked if 35 years was a normal time period for a Franchise Agreement. He indicated that it was for a long time. Richard Horner indicated that the City needs to maintain the current Franchise Agreement which includes a Franchise Fee. The Agreement with PacifiCorp will lock in the Franchise Fee for the term of the Agreement.Council Member Pugmire was encouraged by the Agreement to maintain the Franchise Fee as a revenue source for the City. Mayor Larsen called for a vote on the motion. Those voting ayeThose voting nay Farrell Young None Donna Benfield Rex Erickson Paul Pugmire Nyle Fullmer Irma Anderson The motion carried. City Council Report: G. Farrell Young A.reviewed the following items: 1) A Double order of banners was shipped to the City. He asked about the resolution to the second order of banners. The indication was that the supplier would not have use for the banners because they have the City of Rexburg information on them. The City will store these banners. 2) The City was approached by INL through BYU-I to install an antenna on Anemometer the City Water Tower. The University called the antenna an (wind gage). The device would be read every month. John Millar indicated that City policy does not allow putting antennas on the water tower. It could be done if they do not damage the paint on the water tower. Mayor Larsen indicated that they could bring the proposal forward to the City Staff. Council Member Fullmer mentioned that it would be a good will gesture to the INL. Council Member Benfield and Pugmire agreed. The Council asked the Staff to prepare an agreement for this effort. Council Member Fullmer agreed that it would be good for the City to partner with the INL. 3) The Historic Preservation Committee would like the Downtown area covered by a Historic Preservation Business District. Mayor Larsen indicated that the Planning and Zoning Commission is in the best position to recommend Design Standards for smaller buildings down to 10,000 square feet. The Planning and Zoning Commission indicated that 25,000 7 square foot buildings would be the smallest buildings to require Building Design Standards. Council Member Pugmire mentioned that the City needs to help guide the development of the Downtown buildings. Council Member Erickson questioned the need to control the design of smaller buildings. Council Member Pugmire commented that Cities that have Design Standard controls on their business districts have nicer looking Cities. Council Member Benfield indicated that the smaller buildings are “Mom and Pop” type stores. She was concerned with impacting them with controls. Mayor Larsen recommended that the City provide guidelines (Building Standards) for the presentation of buildings in the Downtown area. The Council discussed the building size of some buildings in the downtown area. th 4) There is a need to improve the road on 7 South. John Millar indicated ndth that the area between 2 West to 4 West will be widened as soon as the weather and budgets permit. The road will then be lined up as a straight road. B. Donna Benfield mentioned that the Traffic and Safety Committee will not meet in December. The Beautification Committee meets on Friday to discuss beautification issues for the City. Mayor Larsen indicated that the Planning and Zoning Commission is discussing a Lighting proposal for the City. They will continue to discuss this issue in a future meeting. They will forward their recommendations on to the City Council at the conclusion of their discussions. Council Member Benfield mentioned that a resident has provided her suggestions to improve lighting on Pioneer Road at the intersections. C. Rex Erickson – Nothing to report. D. Paul Pugmire mentioned that the Golf Board meets tomorrow night. They will review the plans for the 9 hole golf course at Teton Lakes Golf Course. The Golf Board is getting close to requesting public input on the new 9 hole golf course addition. E. Nyle Fullmer – Nothing to report. F. Irma Anderson reported that the Parks and Recreation Committee will bring a Porter Park Revitalization proposal to the Council next week. The Museum Board meets next week. Mayor’s Report: Mayor Larsen commented on the Trails for Madison County Committee being pleased with the $100,000 grant for the LP Property pathways. The Committee is seeking additional funding. The Mayor’s Advisory Board is practicing to sing at retirement homes in Rexburg for Christmas. 8 Mayor Larsen would like to have the Council report on the LC Conference they attended the first week in December at a lunch work meeting Friday December 17, 2004. County Commissioner Muir suggested that the City and County Officials meet next Wednesday, December 15, 2004, at noon in the Council Chambers to discuss issues of concern. The regular City/County meeting will be December 16, 2004. Tomorrow is the employee benefits dinner at the University. Report on Projects: A.Financial Software Package Richard Horner mentioned that the City Committee’s that have budgets can be reviewed next week. The City will provide a new billing format for City water and sewer billings. The billings will be produced on an 8 ½ by 11 page. There will be a City information page that will be sent out with the billings. This will be an opportunity for the City and Community Organizations to get the word out to the Residents on City issues. One Company called DATA NOW located in Twin Falls, Idaho (a National Company with 200 customers) is offering the City a Financial Software Package at no cost. The annual maintenance cost for the Software would be about $22,000 per year for a minimum three year contract. Implementation would be possible next year for accounts payable and other accounting functions for the City. This would phase out the billing system on the AS400 that is an hourly contract for $110.00 per hour. The maintenance costs are about the same; however, the functionality of the new software is much greater. The current software is very limited in its functionality. Council Member Pugmire asked what benefit the Company would receive by offering the license at no cost to the City. Richard mentioned that they are doing it for an Idaho reference. They would like to get customers closer to there home base in Idaho. Tabled requests: Resolution 2004-22 (Adoption of Vision 2020 Rexburg Comprehensive Plan) st BILL No. 926 New Planning and Zoning Regulations (1 Read – November 17, 2004) st BILL No. 911 Booting parked cars (1 Reading – December 03, 2003) Parliamentary Procedures for the City Council Report on Projects: John Millar reported that he is working on the Public Right of Way Ordinance. The bike path is paved through the LP property. The Staff is working on Projects for 2005. 2004 has been a good year for getting projects done. He congratulated GIS for the improved maps that are available to the Staff (Engineering, Streets, and Utilities). The new maps include street names, utility lines and other information that is required by the Public Works Department to manage the City Utility systems. 9 City Attorney Zollinger reported on a meeting with Murdock Trust concerning the Children’s Museum. He mentioned that the Murdock Trust would like to be closers on a grant donation, not the openers for a project. They asked the Museum Committee to seek front end donations for the project before the Murdock Trust is approached for a closing donation. Mayor Larsen indicated that the Committee will need to seek some local donations to move the project along. Mayor Larsen asked the Council to go into Executive Session under Idaho Statute 67-2345 Section (F). Council Member Pugmire moved to go into Executive Session; Council Member Fullmer seconded the motion; Those voting aye Those voting nay G. Farrell Young None Donna Benfield Rex Erickson Paul Pugmire Nyle Fullmer Irma Anderson The motion carried. Executive Session Executive Session ended Adjournment 10