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HomeMy WebLinkAbout2005.09.21 CITY COUNCIL MINUTES T ORM F EQUEST R RAVEL CCM ITY OUNCIL INUTES September 21, 2005 7:30 P.M. City Council STATE OF IDAHO ) : ss County of Madison ) Mayor: Mayor Shawn Larsen Council Members: Vacancy 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: – One position is vacant. Council Member Fullmer arrived a few minutes late. Mayor Larsen welcomed the Scouts to the meeting. 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 for September 07, 2005 meeting. B. Approve the City of Rexburg Bills. Council Member Erickson C moved to approve the Consent Calendar; ouncil Member Council Member Benfield Anderson seconded the motion. Discussion: indicated that on page three, Center Street was closed for the “Rexburg Un-plugged” event instead of Carlson Avenue. The motion carried. All voted aye, none opposed. Public Comment: Issues not scheduled on the agenda. (limit 3 minutes) - NONE Presentations: A.Youth Advisory Board Introduction of Mayor’s 2005/2006 school year. Karlie StarkAmanda Reynolds introduced the MYAB to the City Council – is the advisor for the youth group. The members are as follows: Ashley Smith Jordyn Bochenek David Wang Mike Smith Austin Weeks Karlie Stark Hyrum Hansen Rick Hoffmann Braydn Larsen Kylie Peterson Jacob Thatcher Tyler Blanchard Casey Price Max Black Janae Hammond Karlie Stark – Chairman Vice Chairman – Jacob Thatcher Secretary – Mike Smith Historian – Jordyn Bochenek Treasurer – Tyler Blanchard Council Member Fullmer arrived at the meeting. 1 Mayor Larsen indicated that there are fifteen members of the MYAB. These young people submitted applications to the Mayor’s Office to be considered for the MYAB. Council Member Benfield moved to approve the fifteen members of the Mayor’s Youth Advisory Board; Council Member Young seconded the motion; all voted aye, none The motion carried. opposed. Mayor Larsen indicated that all of the students (past and current) will receive a school credit for their work on the MYAB. They toured City Hall, and the Fire Station at their meeting tonight. B.Karlie Stark – National Youth Summit (America’s Promise) Karlie Stark served on the MYAB last year. She attended the National Youth Summit at Washington DC recently. She reported to the Council about her experiences in Washington DC. Mandy de Castro from Association of Idaho Cities attended the Youth Summit with Karlie. Karlie Stark reported at the Convention on the Rexburg’s MYAB and how it operated. The groups at the Convention did posters showing their vision of how they planned to serve in Government. They were able to attend workshops. They learned that the youth need to be active in school activities and become volunteers in the Community. She saw the sites in Washington DC. It was a good experience. She was glad she got to go. Mayor Larsen indicated that the trip to Washington, D.C. was funded through America’s Promise. MYAB will come up with ideas to get other schools (Junior High & Middle School) involved in service projects. Committee Liaison Reports: Council Member Young: C. Downtown Vision · Rexburg Arts Council: The Rexburg Community Orchestra is growing. Their fame is growing. They are practicing Gwen for a concert event in November. The new floor on the stage looks really good. Harris, Roger Harris, and Margaret Arnold have been involved with the project. Roger Harris Debra and Slade Lovejoy from the City have done a lot of the work on the project. It is a wonderful addition. Mayor Larsen reviewed the Arts fee from construction projects consisting of a 2.25 percent fee for the advancement of the Arts in Rexburg. The Art projects are subject to the approval of the Arts Council and the Beautification Committee. Council Member Benfield mentioned that the story-telling event was sponsored by the City at the Tabernacle. It was really good. Council Member Anderson commented on the possibility of combining the Arts Council and the Tabernacle Board. Mayor Larsen recommended consolidating those two committees. Council Member Anderson will work to that end. That effort would make a Tabernacle and Upper Valley Cultural Arts Council. The other committee would be the Museum Committee made up of the Historical Committee and the Museum Committee. The Downtown Vision Committee needs some support. Council Member Benfield: D. Beautification · Traffic & Safety The Beautification Committee has completed their bylaws.ign is close to The s completion at the new Evergreen Kiwanis Park that is a Welcome to Rexburg sign. Mayor Larsen mentioned the proposed changes to the City Seal to simplify the City Logo. The sign needs stone-work. The flower baskets are a success on Main Street. Mayor Larsen reviewed the donation of $4,000 from a Kiwanis Club grant from United Way that will be matched by the Kiwanis Club to be used for Evergreen Kiwanis Park projects. Traffic Safety is working on a proposal to close a road in the Millhollow Mobile Home Park. nd They discussed the parking on 2nd East and taking off parking on the west side of 2 East. nd Crosswalks were also discussed on 2 East. The next meeting will be concerning a crosswalk proposal from the University. Spirit Week events starting October 11 will include a torch parade and a relay. The University would like a Community Team with thirty people on each team. 2 C. Council Member Erickson: Airport Board · Planning & Zoning The Planning group has applications for two new churches in the City. One church is th on 7 North near the Stonebridge Subdivision and the other one is on Mariah Avenue. The church on Mariah Avenue is a BYU-I church for a Student Stake Center with eight to twelve wards. D. Vacancy: Golf Board The City Council discussed the future plans for Teton Lakes Golf Course. The plan to build a new nine hole interior golf course is slowing due to the loss of revenue from the Sunbird golfers. The land for the new golf course was purchased with funds ($50,000) from the Teton Lakes Golf Course. The future plans for financing the expansion of the golf course were discussed. Revenue Bonds were one possibility for financing the project. E. Council Member Fullmer: Emergency Services Board Nothing to report. F. Council Member Anderson: Museum · Tabernacle · Parks & Recreation Marsha Bjorn resigned from Chairman of the Museum Committee. Marsha plans to continue to be a member of the Museum Committee. The Board will seek a replacement for Marsha. Mayor Larsen indicated that there were two grants (CHC Grant & a Beatification Grant through ITD) for landscaping the entry ways into Rexburg. G. Mayor Larsen: Trails of Madison County · Mayor’s Youth Advisory Board: Nothing from the Trails Committee. (see previous discussion for the MYAB.) Report on Projects: John Millar 2. A. Roundabout lights due in three weeks. Landscaping bids are due Friday for the Roundabout on Fourth South. The sprinkling systems are in for the Roundabout and the adjoining properties. B. Animal shelter building is going to bid next Friday. It will be built this year. C. Sunset Circle street project was awarded to Zollinger Construction. They were the low bidder out of five bidders. D. There is minor landscaping being done on the North Hill Road. E. New Sanitation Truck will be delivered next week. F. The Splash Park is designed and the concrete bids are coming soon. Cement is being scheduled as it becomes available. The supply is being rationed. G. The restroom building at the Splash Park is under design. The costs are going up with construction planned in the Spring of 2006. H. Evergreen Park fence is up with rock faces coming soon. I. The Welcome Sign to Rexburg at the Evergreen Kiwanis Park has been erected. The City is waiting for rock work to be completed. The City Council discussed the possibility of a grant for the Animal Shelter. John mentioned that the Animal Shelter furnishings and fixtures could be done separately on a grant. The City Council discussed the possibilities for the Westwood Theatre. There have been requests to use the Theatre for films etc. The heating and plumbing equipment was discussed for the building. The plumbing pipes were frozen a few years ago. Mayor Larsen indicated that University groups are looking for capstone projects. Council Member Benfield reported that there are several areas in the City without street lighting due to a lack of street light maintenance. Public Works Director Millar will check the street lights to make sure they are working. The lights for Smith Park have been delivered. The City Council discussed Hidden Valley Park. Public Works Director Millar will have the sprinkler lines in by the end of October. The water project on North Hill Road is progressing. This project will close off the Rexburg Ditch in that area. It will be diverted through Barney’s property to the Canal. 3 Public Hearings: 7:40 p.m. Annexation of four parcels including Rexburg Heights Subdivision Mayor Larsen asked Planning and Zoning Administrator Kurt Hibbert to report on the annexation proposal. Kurt reviewed the separate parcels that are part of the public hearing tonight. It went through the Planning and Zoning process. The Planning and Zoning Commission gave a recommendation to send these parcels forward on to the City Council for consideration. Mayor Larsen opened the Public Hearing. Those in favor of the proposal: Kenneth Burt at 1339 Meadowview Avenue in the Rexburg Heights Subdivision indicated that he was in favor of the annexation proposal. The petition that the neighborhood submitted to the City concerning some concessions for snow removal, safety issues, and taxes was important. If the City annexes their area, they wanted those concerns addressed. Kenneth indicated that the Planning and Zoning Commission recommended that the City Council give some relief to the neighborhood by refunding the thirty percent surcharge on their water & sewer services back to April 01, 2005. As he has talked to different people about the annexation, they seem to feel that it is the natural thing to do because the City is growing to the south. The City needs to plan for the growth in the Rexburg Heights area. He agreed with that position; however, he indicated that the annexation could have happened earlier in the year before the summer watering season. He mentioned that the savings on the water bills would not have changed the Cities tax assessment for the year. He is looking forward to working with the City. Attorney Richard Smith at 654 Harvest Drive, (representing BYU-I) informed the Council of 2 items. 1)The University is not driving this annexation proposal. They are neutral in the proposal; however, they will continue to use the Erickson farm as agricultural. 2)The new road called University Boulevard is going to be constructed in the area, so the annexation of the University property is the prudent thing to do for wise City planning. Council Member Young asked Mr. Smith if the farm is using City water. Mr. Smith indicated that the Erickson farm has an under-ground private well. Todd Smith at 850 West 5000 South, requested annexation due to an emergency hook up th to City sewer for two parcels on 5 West. He was in favor of the proposed annexation. Those neutral to the proposal: - NONE Those in opposition to the proposal : Attorney Greg Moeller at 1302 Meadowview Avenue, gave a statement from the neighborhood concerning the petition that was presented to City Council at a neighborhood meeting in July. They have had large and small neighborhood meetings concerning the annexation proposal. Sixty-five members of the neighborhood were represented with Mr. Moeller’s comments in a conditions statement. They are here to discuss if the City should annex this subdivision. He asked if their concerns could be addressed. Mr. Moeller indicated that the Planning and Zoning Commission recommended annexation, if the City could address the concerns of the neighborhood. He complained about the treatment the group received at the Planning and Zoning meeting. They were not able to give input as they desired in rebuttal to other testimony; however, the City Attorney was allowed to provide input into the discussion. It was rather frustrating to the neighbors at the meeting. They wanted to respond to incorrect or misleading statements from others who provided testimony to the Planning Commission. 4 One of the Commissioners mentioned that the neighborhood was freeloading on the City because they were on City services without paying City taxes. Mr. Moeller indicated that the neighborhood had paid their way. They had raised funds to organize a sewer district for the neighborhood. They did appreciate the City for letting the neighborhood connect to the City services; however, they have paid an additional thirty percent on their water bill for the services. Mr. Moeller complained that the tax information was somewhat misleading. He mentioned that the numbers were advertised low because the City is going to get a higher levy rate. He noted that they are not a selfish people; however, who would want to pay more unless they knew they were going to get more. Examples of misinformation included the probability of the assessments going up after annexation, which would lead to an increase in taxes. One example of showing good faith from the City would be to refund the thirty percent surcharge on their water bills for the 2005 summer watering season. Mr. Moeller asked if the City could maintain the roads. They wanted the record to record that they have paid their way with the additional thirty percent surcharge that they have been paying on their water bills. Mr. Moeller noted that they are concerned with losing the Rural Residential Zone classification by a future Council. The lots in Rexburg Heights are large (at least one acre lots) and it would be very expensive to put in curb and gutter on these lots. It would cost $50,000 to $60,000 to put sidewalk and curb and gutter on some of these lots. If Annexation is approved, they would like an agreement with the City to avoid changing the zoning in the future which may require sidewalks and curb and gutter. He recognized that the City could not make agreements that would bind future City Councils; however, Mr. Moeller indicated that the neighborhood would like an agreement or statement in the record from the City Council stating to future City Councils that the current City Council would recommend leaving the zoning as it was represented in an annexation agreement. Mr. Moeller mentioned that snow removal (their greatest concern) is an issue of safety. The County has done a wonderful job with snow removal in our area. It is a difficult neighborhood to remove the snow because of its hilly nature. The County would be glad to get rid of them if they were annexed into the City. They wonder why the City is so anxious to annex them. They have thirty-eight children (now forty-one children with a new family moving in after the Planning and Zoning meeting) in the neighborhood. They are concerned with having safe roads for their school children. The County gets into their neighborhood very early, sometimes at 5:00 a.m. in the morning to remove snow. Sometimes, they plow it several times before the school buses get there. The roads are typically sanded by the County. If the roads are not sanded, the buses would not be able to stop. Buses have to stop on a very steep hill. They are asking the City to beef up their snow removal equipment to be similar to the County’s equipment. They are very concerned with the City’s ability to do snow removal in Rexburg Heights. Can the City do it? At the Planning and Zoning Public Hearing, one City employee indicated that the City had comparable snow removal equipment to Madison County. He did not think that the statement was quite accurate with all respect. He went on to list the equipment from the City compared to the County as follows: City Snow Removal EquipmentCounty Snow Removal Equipment two road graders six road graders several dump trucks three nine fifty loaders with plows snow loader one snow blaster backhoe ten plow trucks eight sanders liquid deicer backhoe D-8 dozer D-7 dozer TB-15 dozer Mr. Moeller indicated that the County has more and substantially bigger snow removal equipment. Unless the City is willing to make the capital expenditures necessary to improve there inventory of snow removal equipment, they would be opposed to the annexation proposal for Rexburg Heights. 5 Mr. Moeller mentioned that he and others have lived in the City before and they were very dissatisfied with the City’s snow removal effort. They read the letters to the editor and they know that the situation has not improved. He mentioned that the Mayor indicated in the June meeting that their neighborhood would become part of the high priority area for snow removal. The bigger question that the Rexburg residents need to ask is “who would come off from that list”. Mr. Moeller reviewed several growth areas in the City and he noted that the City is having growing pains. Their subdivision would add an additional two extra miles of road to the City. That is a 3.6 percent increase to the road system. Mr. Moeller indicated that at this time they are apposed to being annexed because the City is not prepared to handle the additional roads and stress on City services. Street repair budgets are averaging $382,000 for street repairs. The needed funds for expected road repairs in Rexburg are 1.1 million dollars. The Mayor has indicated that without proper funding for road repairs, the City is headed for a train wreck. Mr. Moeller agreed with the Mayor that we are heading for a train wreck. The neighbors have asked “Who in their right mind would want to get on a train heading for a train wreck”? He asked the City to wait for annexation until the City could meet the requests of the neighborhood petition letter. It is not wise to rush into this annexation proposal unless the City can meet all of the requests in the petition letter. He asked the City to wait until the City could take care of them. Mr. Moeller asked the City to be cautious, be smart, and don’t rush head long into a wall. Wait until you can be more wise and more prudent. Mayor Larsen commented on the Planning and Zoning remarks that they were concerned about some misrepresentations. Mr. Moeller thanked the Mayor and he indicated that he did address those concerns with his remarks tonight as noted below: 1. The neighbors were concerned that they were not paying their way 2. Cogent (Unconvincing) questions they could not answer but the City Attorney could answer them. 3. That the City equipment was comparable to the County equipment being up to the task. Jennifer Christensen at 1250 Fairview Avenue, indicated that she was not opposed to the annexation proposal; however, she is concerned with some of the issues for her neighborhood. If the neighborhood concerns can be addressed, she would not be opposed to annexation. They enjoy the area. She is concerned with the repercussions of increased taxes for her family and neighbors on fixed incomes. She is impressed with the County snow removal techniques. School buses come by her home four or five times in an hour a few times during the day. The buses do a double loop on Fairview Avenue. Every morning the County comes very early and removes the top layer of snow before they sand the roads. She is not sure the City can maintain her roads as good as the County maintains them in the winter. She is concerned with thick ice on the City neighborhood roads. She reviewed her experiences with City roads and she asked why the City can’t provide safe ice free roads in the neighborhoods? If the steep roads are a high priority to the City, she is concerned with bumping other areas of the City off the high priority list. In the July meeting with the neighborhood, the Mayor stated that the resources are strained during the winter months. Their roads are thirty years old, and their roads would be a strain on City resources. City revenue for their subdivision comes from a 30% water surcharges. She indicated that the 30% additional revenue for water service comes without additional services from the City. This revenue will be lost to the City if Rexburg Heights is annexed. She was concerned with the City not having a sound annexation plan. They will become a liability to the City because the City has put the cart before the horse. The City should have all of the components in place in a comprehensive plan before they bring on new citizens. Council Member Fullmer asked about the County snow removal practices in Rexburg Jennifer Christensen Heights. indicated that County makes two passes in the morning. The first pass is very early. Then the buses come by her home at 7:40 a.m. and 7:50 a.m. The County comes by later in the morning at 10:00 or 11:00 a.m. for plowing and sanding as needed. It just depends on the road conditions. 6 Robert Boyce at 1259 Meadowview Avenue, reviewed the neighborhood of Rexburg Heights on the overhead screen. He asked why the City had not annexed the parcels on th South 5 West. He reviewed the upcoming School District plan to build a new high school. That new school will cost about 35 million dollars in two or three years. He liked the County snow removal practices. Kevin Packard at 1207 Morning Side Drive, asked if the utility funds where they pay the 30 Percent surcharge could be transferred to the General fund. Mayor Larsen indicated that the water funds are enterprise funds that are dedicated funds for the services rendered for water and waste water. They can not be mixed with the General fund. Ellis Miller at 1325 Meadowview Avenue referred to the Mayors 1.1 million dollar road construction budget. He indicated that “we have to consider the possibility that the levy will not pass.” He was concerned with the levy not passing. Maybe the Citizens are not as concerned about the roads at this time as they are for food and gas. He referred to the recent hurricanes in the Country which has caused the price of fuel to increase. Diane Perry at 106 West Poleline, reviewed the problems of buses and other vehicles trying to negotiate the slick roads near her home. She indicated that busses are unwilling to stop at her location and pick up two school children due to the condition of the roads with snow and ice. She has taken her children to school at her own risk because the buses won’t stop. She has made calls to the County to close the road or maintain it properly. She indicated that they have to shovel out cars out of her driveway about ten times per year. They are not high income people they may have to sell if they can’t pay their taxes. She was concerned with fixed income neighbors too. They are not able to take on three additional tax increases in the next two years. She would love to be a part of the City if she could financially afford it. The three issues for her were an increase in taxes, elderly neighbors on fixed incomes, and snow removal. She thought the County had done a superior job on snow removal. Mayor Larsen closed the Public Hearing for public testimony. Mayor Larsen reviewed the tax concerns and the building of a new high school. As a City resident, he will participate in the funding of the new high school. The issue comes down to fairness. It is good planning to plan for the growth of the Community. He thanked the neighborhood for coming together to represent the neighborhood. The issue of taxes is on his mind. He reviewed the revenues that come into the City. Moneys for water, waste water, police and other City revenues were reviewed. A new high school will also increase the taxes. He mentioned that the Teton Lakes Golf Course is self funded. As a City resident, he indicated that he pays County taxes too (i.e. Beaver Dick Park, Twin Bridges Park, and all the City parks which include Porter Park, Smith Park, Evergreen Kiwanis Park, Nature Park, and Hidden Valley Park). He reviewed a few charts (graphs) on the funding of streets with City resources. Schools are funded with City and County taxes. He reviewed the proposed levy for City road maintenance that the City Council has authorized for the ballot in November. The roads that the residents of Rexburg Heights travel on in the City of Rexburg are funded by City residents. Your roads would be an added cost for the City to bear. He reiterated that he understands their concerns with the added taxes from the City. It is an increased value to be included in the City limits. Mayor Larsen reviewed the reasons communities are formed. As a youth growing up in Rexburg, he did not realize that Rexburg Heights was not a part of the City. He found that out when he campaigned for the Mayor’s position in 2003. More property tax bearers on the City tax rolls spreads the cost out among more people to lower the tax levy. The neighborhood did not seem to agree with the Mayor in this point. Mayor Larsen reviewed the low tax levy rate that is currently in place in Rexburg. The State Legislature limits tax increases to 3% of the past years taxes collected. If the tax levy increase is passed, the City tax levy for $100,000 of value in a property would increase from $345 to $534. It is requested to help maintain the road infrastructure in Rexburg. Rexburg Heights residents use these same City roads. Council Member Young has never been in favor of forced annexation. The time will come when these people will come and ask to be annexed. Annexation should be asked for by the citizens when we are ready to receive them. The majority should help us 7 understand how we feel and why we feel that way. He indicated that this is a challenge that the City is not capable of handling. He mentioned talking to four or five residents that did want to be annexed in this neighborhood; however, it was not the majority. If this was issue of right or wrong, he would stand on the side of right. He indicated that this was an issue of convenience, not an issue of concern for the City. Council Member Erickson asked City Attorney Zollinger if only part of the requested parcels can be annexed. City Attorney Zollinger indicated that the City Council could annex a portion of the original request; however, they can not increase the annexation area beyond the area that was advertised. Council Member Erickson indicated that some members of the Community in Rexburg Heights did want to be annexed. These residents have expressed some concern with the petition they signed. They were not totally aware of the petitions use. Some did not want to sign the petition; however, they did sign the petition as requested. Council Member Erickson mentioned the road problems in the Rexburg Heights th neighborhood. There are pros and cons to the annexation proposal. The parcels on 5 west should be annexed too, except the services are not available in that area. He mentioned that snow removal equipment from the City is up to the task of doing snow removal in Rexburg Heights. The residents disagreed with the thought that the City had similar snow removal equipment as the County. Council Member Erickson indicated that the current City Council could not guarantee that any concessions (zoning) made at this time could be mandated for future City Councils. He had mixed feelings and emotions in both directions. Council Member Fullmer indicated that it does come down to snow removal. He referred to Mrs. Ashton’s concerns on the snow removal issue. We will continue to be very proactive on snow removal. Will Rexburg Heights be an asset or a liability to the City of Rexburg? He thought it was time to annex Rexburg Heights. The City does not want to wait for annexation until there is utter disrepair. He recommended that the City be proactive. “Those are my concerns.” Council Member Young do we want to move forward with such opposition. Mayor Larsen reviewed the addition of two more roads in the City. He indicted that the City could not guarantee that the City could provide the same level of service as given by the County. The City Council can not guarantee what a future City Council will approve. The roads would be maintained as other roads in the City. Zoning could not be guaranteed under future City Councils. Taxes will go up if these residents are annexed. There are not any parks in this area because they are receiving a lower level of service for the development of parks. No one wants to pay more taxes. It is a challenge to provide the infrastructure for the City of Rexburg for the City and County residents. Council Member Young makes as good point. Council Member Anderson will be happy to continue paying her county taxes for them to take care of Rexburg Heights. Council Member Benfield reviewed the issue of snow removal. She indicated that the City Council all feel and hear what the residents of Rexburg Heights are saying. The non-requested annexation of a recent annexation in Rexburg had the support of the entire Council. This annexation proposal does not have the full support of the City Council. She indicated that the City was up to the challenge of the task; however, the underlying factor is the safety issue. Mayor Larsen indicated that it is a challenge to provide services that the Community demands with the current tax structure. He mentioned that the City has fifty-six miles of roads plus Main Street. The City would be adding about two miles of additional roads. The City contracts with local companies to do snow removal. The last thing he would want to see happen is to have a terrible winter and the residents showing up at the Mayor’s Office saying we told you so. He reviewed city snow removal practices with the residents. He thinks the City crews do an excellent job with snow removal. Rexburg Heights would receive excellent snow removal from the City crews. 8 Council Member Erickson asked if the two miles of road include Poleline Road. There was some discussion indicating that it does include a portion of Poleline Road; however, the County has agreed to continue to maintain Poleline Road. Council Member Young asked to vote on the parcels individually. Council Member Fullmer mentioned that the City does snow removal for less money than adjacent communities. The City gets a big bang for the money spent on snow removal. He asked why the Rexburg Heights residents would not want to be a part of the Rexburg Community and start paying for the services. He referred to the recreation services that they use in the City. They are a part of our Community. He thinks it is a good time to annex Rexburg Heights into the City. Mr. Moeller commented that it is premature to annex Rexburg Heights into the City at this time. If the City was prepared for the additional services, the residents would not be against the annexation proposal. They love the City of Rexburg. Mayor Larsen asked Public Works Director John Millar to explain the reason for the additional 30% surcharge for the Rexburg Heights neighborhood. John indicated that the Waste Water system was originally constructed with property taxes from City residents for about $7,000,000 in plant facilities. The 30% surcharge is to cover the plant facilities capacity that is needed to serve Rexburg Heights. Mayor Larsen indicated that the money came from all of the residents of Rexburg to build the system. Council Member Fullmer mentioned that it is to extend services to Rexburg Heights. James Wood at 4554 East 2000 South mentioned that the City could not open the roads under the current conditions if there was a severe storm. He asked the Mayor to think of the children and how they would need to walk the Poleline Road if the roads were not opened. Council Member Young moved to annex parcels 2,3,4 and exclude parcel 1 (Rexburg Heights); Council Member Benfield seconded the motion; Those voting aye Those voting nay Council Member Young Council Member Fullmer Council Member Erickson Council Member Benfield Council Member Anderson The motion carried. New Business: J.Annual Beer & Wine License approvals – Staff The City Council reviewed the list of applicants. The licenses are provided to the applicants after they pay the fees. Council Member Fullmer moved to approved applications for the annual beer and wine licenses; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. K. Vacating street property in Trejo Professional Park: Terry Bagley reviewed the proposal to vacate a street in Division One of Trejo Professional Park. He is seeking to use the street area in Division Two that was platted in Division One. Terry indicated that Planning and Zoning approved the Preliminary Plat for Division Two subject to the vacating this street area in Division One. th The Council discussed the need to complete the sidewalk for this development on 5 th West. Terry indicated that he will complete the sidewalks on 5 West for this project. 9 th Mayor Larsen reviewed the crossing for the Rail Road on 5 West. He indicated that it was an area that needed a sidewalk for pedestrian traffic. Planning and Zoning Administrator Hibbert reviewed the possibility of improving the crossing of the tracks by making a side road going south to Trejo Street from the Bagley property. He confirmed that the abandonment was recommended by Planning and Zoning. Council Member Benfield confirmed that Terry owned the land on both sides of the street that would be vacated. Council Member Benfield moved to vacate the Street area in Division One of Trejo th Professional Park as requested contingent upon the completion of a sidewalk on 5 West in front of Division One; Council Member Fullmer seconded the motion; all voted aye, The motion carried. none opposed. L.Trejo Professional Park Division No. 2: Preliminary Plat for Kurt Roland from Schiess and Associates. Council Member Erickson moved to approve the Preliminary Plat forTrejo Professional Park Division No. 2; Council Member Fullmer seconded the motion; all The motion carried. voted aye, none opposed. M.Humarock Cove Condominiums: Preliminary Plat for Kurt Roland from Schiess and Associates. The City Council discussed the location as being across the street to the south of the Bagley development on Trejo Street. There are not any parking structures for this development. Parking will be behind the structures. This is a zero lot line development. The Design Standards will be met by having decking on all three levels of the structure. The building must change every forty feet to break up the straight line of the structure. The Final Plat will require Design Standards review. Council Member Erickson moved to approve the Preliminary Plat for Humarock Cove Condominiums subject to Staff approval and the approval of the Design Review Committee; Council Member Young seconded the motion; Discussion: Council Member Fullmer was concerned with the snow storage area for the development. Planning and Zoning Administrator Hibbert explained that there is snow storage available on the Plat. The motion carried. All voted aye, none opposed. N.Resolution 2005-13 (ITD Aeronautics Grant for Project No. 3-16-0031-008) or (F058240 in the Development of the Rexburg-Madison County Airport) Council Member Fullmer moved to approve Resolution 2005-13; Council Member The motion carried. Erickson seconded the motion; all voted aye, none opposed. F. Grant Agreement ITD Division of Aeronautics (2.5% of project cost, $3,947 Max.) Lighting The Council discussed the need for the City to participate in the grant for a cost of $3,947. Council Member Erickson moved to authorized the Mayor to sign the agreement for the City; Council Member Anderson seconded the motion; all voted aye, none opposed. The motion carried. Calendared Bills and Tabled Items : A.First Reading : Those items which are being introduced for first reading. – NONE B.Second Reading : Those items which have been first read. – NONE C.Third Reading : Those items which have been second read. 10 Deferred to a future BILL 939 1. Revisions No. 1 Development Code – meeting D.Tabled Items : Those items which have been the subject of an affirmative vote to a motion to table: Resolution 2004-22 1.(Adoption of Vision 2020 Rexburg Comprehensive Plan Text – Tabled November 03, 2004) Old Business: O.Resolution 2000-03 Policy discussion concerning connections to the City water and/or wastewater system Mayor Larsen reviewed the Resolution which prohibits the extension of services outside the City. He referred to Quail Hollow as an example of a Subdivision that was affected by this policy. Policy Discussion: The Widdison Addition annexation and future development in other areas of the Community was reviewed. He asked if there was an interest in changing the policy on a case by case basis. The Quail Hollow development wanted to be served with the City. They were willing to pay on the pumping station. The Community is going to grow in the future and the City should be ready to accept growth that will impact the City with these new developments. Mayor Larsen discussed the possibility of having an agreement to pay for the surcharge for services and then sign a letter stating they would be annexable when they became contiguous to the City. He reviewed an example in the City of Ucon that extended services outside the City for a self help housing development. City Attorney Zollinger offered the Boise example where residents signed letters of intent to be annexed; however, a law suite caused the services outside the City to be a problem. This Resolution was a product of that lawsuit. He indicated that the Resolutions were a stop gap measure. Chris Huskinson has requested services from the City to a three home development just outside the City near Quail Hollow. He indicated that the City sewer was within three hundred feet of his development. The City Council discussed the location and the request to connect to City services. Council Member Fullmer indicated that it was the right thing to do this. Council Member Fullmer moved to abandoned Resolution 2000-03; Council Member Benfield seconded the motion; Discussion: The driving force for the Resolution was for a state-wide concern that the Cities would get caught like Rexburg Heights. Rexburg Heights has City services outside of the City. Council Member Fullmer reviewed the past City Council discussions of this problem. The City Council decision was if they City Attorney Zollinger want the services then they need to be in the City. indicated that anyone that is provided with City water and sewer are statutorily agreeable to be Council Member Erickson annexed per the new State Code. asked if there had been any attempt to get the other properties in the North Hill Road area annexed. Chris asked Council Member them and they did not want to be annexed except for a couple of them. Fullmer mentioned that it may set a precedent by giving one property owner permission to have services and denying other properties later. City Attorney Zollinger indicated that the services belong to the City; therefore, the City has the right to allow services at the City’s discretion. The City Council passed a Resolution which implies to residents Council Member Erickson “Don’t even ask.” compared Rexburg Heights request for City services to Chris Huskinson’s request for services. City Attorney Zollinger indicated that Rexburg Heights came to the City as an entire community under duress and the City responded. This request comes from a single property owner to get City services which is an advantage for the City. As Mayor Larsen pointed out with Quail Hollow; it was a mistake to refuse to offer services to them because they installed twenty Planning and Zoning septic systems upstream from the City water system. Administrator Hibbert indicated that Chris does not have a problem with annexation into the City. City Attorney Zollinger indicated that it was a political decision. He gave the example of Rexburg Heights being statutorily annexable if the City wanted them in the City; however, the City Council has elected to defer that decision into the future. 11 Council Member Erickson indicated that he does not have a problem with it if we make it known that Chris is an employee of the City. He wanted to make certain that people City Attorney know that it is available to others. Chris is paying for the services. Zollinger mentioned that this discussion is to decide whether to eliminate the restrictive policy for providing services outside of the City. Mayor Larsen indicated that it is a City Attorney policy decision that should be reviewed on a case by case basis. Zollinger indicated that if the Resolution is voided, then Public Works Director Millar could entertain other applications for services outside the City upon approval by City Council Member Young Council. asked for clarification on the lack of a policy if the Resolution is rescinded. Do we need another resolution? Mayor Larsen recommended a new Resolution before future requests for services outside the City could be entertained. He called for a vote on the motion to rescind Resolution 2000-03. The motion carried. All voted aye, none opposed. City Attorney Zollinger referred to another Resolution concerning this same issue. nd Mayor Larsen asked the City Clerk to look up the 2 Resolution for the next meeting. P.Employee Handbook update – Richard Horner Mayor Larsen reviewed past history for the handbook. He asked the Staff to remove all old handbooks. Council Member Young moved to approve new Employee Handbook and destroy all of the old handbooks. Council Member Anderson seconded; all voted aye, none opposed. The motion carried. Q.Impact Area Discussion: Council Member Benfield requested the City Council make a strong presentation to demonstrate the City’s position. The City Council discussed the County proposal on the Impact area with Sugar City. The Committee of Nine was a possibility to resolve the dispute; however, the City Council was desirous to work with the County and Sugar City to resolve the impasse. Mayor Larsen mentioned one option available to the City is to accept the County’s proposal. He indicated that a letter from the City could convey the City Council’s recommendations. Council Member Young moved to write letter of acceptance for the County’s plan as presented with respect to all areas that are not in dispute with the Sugar City Impact area; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. Mayor’s Report: 1.LTAC Report from Tom Cole from Idaho Transportation Department is pending on Hwy 33. 2.Certificate of Appreciation from the CITY OF REXBURG to Doug Andrus Distributing for services rendered to the Gulf Coast States. Some of the participating businesses include K-Mart, Cargoes Pizza, Albertsons, Artco, BYU-I, and the Standard journal. alendar: C 1.Levy meeting tomorrow night rd 2.23 of September luncheon at the Burton School th 3.26 of September Community Press Conference at 1:30 Middle School th 4.29 of September Madison Community Council Luncheon th 5.30 of September Work meeting with Ted Hendricks, the City Council, and County Commissioners concerning the CDBG applications (Downtown Revitalization application and the Development Workshop application) 12 th 6.October 05 City Council th 7.October 26 6:00 pm Open House for the Levy information th then City Council at 7:30 instead of City Council on the 19of October. Adjournment ________________________________ Shawn Larsen, Mayor Attest: _______________________________ Blair D. Kay, City Clerk 13