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HomeMy WebLinkAbout2005.02.16 CITY COUNCIL MINUTES T MOR F EQUEST R RAVEL CCM ITY OUNCIL INUTES February 16, 2005 7:30 P.M. City Council 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. 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 February 02, 2005 meeting B. Approve the City of Rexburg bills Council Member Fullmer moved to approve the consent calendar; Council Member Pugmire The motion carried. seconded the motion; all voted aye, none opposed. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) New Business: Elijah Watkins at 156 South Center Street #1 represented the Students for World Relief. He asked the City Council to support a benefit concert to raise $10,000 for the tsunami victims. th March 11 & 12 is the projected date for the event at the Tabernacle Civic Center. Elijah mentioned that fund raising on the BYU-I Campus is prohibited. The Council discussed a list of expenses that may need to be covered by the event sponsors. The World Relief Committee is asking for an in-kind donation from the City for the use of the Tabernacle and some associated expenses. Kent Arnold would be asked to attend the event as 1 City Staff. A clean up fee would normally be required. A deposit would be required that could be refunded if there are no damages. The Council discussed other events that have had the fees waived at the tabernacle. Council Member Benfield moved to support and waive the fees for the performance; however, a required deposit as normally collected would be refundable; Council Member The motion carried. Pugmire seconded the motion; all voted aye, none opposed. A.BYU-I Liaisons Introductions – Jacob Adams & Robb Dudley Mayor Larsen announced Jacob Adams & Robb Dudley as student liaisons for the University. Rexburg 101 B.– Proclamation for a Municipal Government Month Mayor Larsen welcomed the Scouts to the meeting and invited them to pick up a packet. He read Proclamation 2005-01 to the Council and the others attending the meeting. He explained the program that will be held in March with an election and mock City Council meeting at the end of March. Proclamation 2005-01 Proclamation 2005-01 Whereas: The City of Rexburg, Idaho, proactively seeks to establish programs and to offer opportunities for young people to learn about municipal government and to develop skills that will ensure “Next Generation Leadership” for our city; and Whereas: each year during Municipal Government Month the Mayor’s Youth Advisory Board Sponsors Rexburg 101; and Whereas: students from Madison High School and Madison Jr. High have voluntarily chosen to participate in Rexburg 101; and Whereas: these students gain first-hand experience in the various services that municipal government provides to its citizens; and Whereas: they will obtain first-hand knowledge of the duties and responsibilities from their elected officials; and Whereas: these students are willing to commit their personal time to learn about codes, ordinances, laws, city procedures, as well as to experience through mock City Council meetings the types of challenges and difficult decisions elected officials routinely face; and Whereas: the Rexburg community and the City as an organization will benefit from the foundation of community service that the Rexburg 101 will instill in these students, some of whom will be Rexburg’s future leaders; Therefore: I, Shawn Larsen, Mayor of the City of Rexburg, on behalf of the City Council and the citizens of Rexburg, declare the month of March, 2005 as “MUNICIPAL GOVERNMENT MONTH” Given under my hand and seal of the City of Rexburg, Idaho th this 16 day of February, 2005 _____________________________ Shawn Larsen, Mayor Attest: _________________________ Blair D. Kay, City Clerk 2 Council Member Pugmire moved to adopt the proclamation as read; Council Member Erickson seconded the motion; Discussion: Mayor Larsen handed out a brochure concerning the event. He reviewed the different sessions which ends with a mock City Council meeting. All voted aye, none opposed. The motion carried. The first session begins March 02, 2005. C.Madison School District Levy discussion Dr. Geoffrey M. Thomas thanked the Mayor for the time and service the Council provides to the City. Dr. Thomas acknowledged that both past and present School Board members were present at the meeting. Dr. Thomas presented an overhead display of the condition of the public schools to the Council. 1.The average building age is 42 years old. 2.The amount of funds coming to the school district is less now than 10 years ago. 3.The proposed School District levy is less than a levy 15 years ago (about half). 4.The School District is facing $11,000,000 in building maintenance costs. 5.The kindergarten population is rising at an unexpected rate. 6.They planned for 311 kindergarten children in 2004/5 and 371 children showed up. 7.They are concerned with capacity of the buildings. 8.They have recently purchased 3 portable classrooms. 9.They have purchased property west of Town to plan for future growth. 10.They may trade some of the land in the future for other land. 11.They receive about $600,000 per year for building maintenance. 12.About $150,000 of the building maintenance revenue is paid by gambling revenue 13.There are about 1,600 computers in the School District. 14.They have to share funds between buses and buildings. 15.The buses are on a 10 replacement cycle instead of a proposed 5 year cycle. 16.There is about $900,000 in expense needed so many items are in need of repairs. 17.There is heavy building usage throughout the day with significant student growth. Dr. Thomas explained that there was a recent bond election failure. The School Board is stepping back from that experience to re-evaluate the needs of the District and the options for doing a facilities bond. The School District has a $32,000,000 bonding capacity. The School Board is proposing to raise the levy from $392,000 to $486,000 per year for 10 years. Sixty percent voter approval would pass the new levy. The current levy does not meet the current needs of the District. They are running from one fire to another. A levy does not have interest payments; it is pay as you go. Not a penny is allowed for salaries and benefits. There will be a property tax increase under this plan. They want to be tax sensitive and project specific. A $100,000 home would be taxed another $4.00 per month. The number one priority is fire alarm systems and class rooms. Dr. Thomas assured the Council that not one penny would go towards a District office. They do need a Technology Center which will be built by the High School Construction Class south of the District Office. They hope the Junior High will last until the current bond is paid in 2011. They can bond for a new High School and a new grade school on the Rexburg bench after the current bond is paid. Numerous other building projects were discussed. They plan to have a vote on a levy increase May 05, 2005. The election will be run by the County employees. Council Member Erickson asked about the money to purchase the land. They borrowed money against the facility budget. He asked the Superintendent to have the public informed on the reasons for applying the money towards the land instead of the building projects. They 3 have $11,000,000 in building project needs. The land cost 1.5 million to buy and the levy amount is 1.4 million dollars per year. Council Member Young asked the Council to work hand in hand with the School District for planning purposes. He requested that the two parties meet together often. Council Member Pugmire thanked Dr. Thomas for the presentation. He mentioned that it is vital that the two parties work together on these issues. They do want to work together. D.Overview Briefing of the NEW Idaho National Laboratory (INL) Director of Communications and Public Affairs – John Lindsay Council Member Pugmire introduced Mr. John Lindsay to the Council. Council Member Pugmire disclosed that he works for Mr. Lindsay. John Lindsay discussed the creation of the Idaho National Laboratory (INL). He explained that the National Laboratory has a specific vision. Transition, consolidation, and transformation are necessary to achieve the new vision. Safety and security are necessary elements of the transition from one company to another. Bechtel Energy Alliance is the lead on the Energy Alliance management team. There are 103 Nuclear reactors in the Country. Bechtel Energy Alliance has a 10-year contract with a 5-year extension. They are focused on performance measures to get to a world class Laboratory. Bechtel will invest over $20 million towards the total $100 million program to jump start the National Laboratory. Some buildings will be razed to make way for the new company. There is plan to reduce about 1.1 million square feet of existing building space and build about 400,000 new square feet of building space. They will take the best in class performances in the County and bring them to this facility. Industry will help provide a substantial part of the needed resources. Safety, environment, and public trust are the required elements needed to make this transformation into a world class facility happen. Finally, mission accomplishments: Excellence in laboratory operations and community service with top-of-the-line jobs are Bechtel’s priority. We will work to create spin off companies. We will attract businesses that want to participate in the technology experience. Education is another priority of the team. The last reactor was put online in 1979. Several universities will participate in an effort to build an Institution Center for Advanced Energy Studies from around the world. Two million dollars will be spent on grades k -12 in this region. In closing, it is a national renaissance beginning in this region. Mayor Larsen thanked Mr. Lindsay and expressed how exciting it is to have the information. E.Proposal for a new Museum for Rexburg John Bagley p roposed to have a museum built at the Rexburg airport. The museum would be an 18,000 square feet hanger. He spent some time showing historic planes on the overhead screen. The planes were used in past wars. The museum could be seen from Hwy 20. There would be no maintenance done on planes in this building. Civic functions and weddings could be done in the building. The building would have a kitchen. It has to be a tax free effort. There would have to be a Museum Board with a Limited Liability Company or a 501C designation with a 30-year lease on the ground. The museum would have to have a tax exempt status as long as the building is used as a museum. The building would warehouse war memorabilia for citizens in the area. The museum will be managed and run with donated labor. There would be planes from other museums rotated to the Rexburg museum. John asked to have higher octane fuel available to blend with the lower octane fuels at the museum. The hanger would be 120 by 150 feet in size. A second building would be considered in phase two. John wants to do the first phase as soon as possible. 4 Council Member Benfield expressed a hope to have this project in Rexburg. John indicated that it would bring new growth to the area. Council Member Erickson mentioned that it was a well thought out plan and he proposed to take a close look at it. John’s concern was to cover the tax liability issues. The ground is vacant in the Airport that is owned by the City and the County. Council Member Pugmire reviewed the State requirement for the length of the lease. City Attorney Zollinger mentioned that the Council could have the option of extending the lease up to 30 years. There will be a small fee to visit the museum to pay for heat, lights, etc. City and County representation would be required on the Board per Council Member Pugmire. John mentioned that there are normally five people on the Board. Council Member Fullmer reviewed the request with a need to have site preparation for the building. Council Member Pugmire was concerned with the indemnification process. John said the investment was not for his estate. It is for the presentation of the planes in a Museum. Mayor Larsen asked for some input from the three attorneys and the Airport Board. Warren Smith is the contact for the Airport Board. A museum proposal is needed after that meeting of the minds. John is concerned with a 45-day limit on a property transfer issue. Millennial Monument F.for the City Jeff Lochridge at 1175 North 4000 West reviewed the history of the Millennial Monument proposal. About seven years ago he asked to have a Millennial Monument effort for the City. Jeff announced his abandonment of the project due to a lack of support. Rising costs were mentioned as a major reason. There is an address list of the donors. There is about $15,000 in the fund. Mayor Larsen expressed disappointment with the announcement. Council Member Young asked for a substitute effort to apply donations, if the contributors wanted to move the money to another effort. Council Member Pugmire asked to take the announcement under advisement. He would like to do something “Artsy” with the money. Jeff will provide the City with a roster of the contributors. rd Dawn Anderson at 324 South 3 East from the Children’s Museum Committee asked to have the Museum considered as a possible option for a substitute effort. Trails of Madison County Committee G. Joseph West from the Trails of Madison County Committee has a recommendation for trails throughout the City. He passed a map out to each of the Council, and then showed the map on the overhead screen, showing bike lanes on City streets. Council Member Young asked how the parking would be affected. It is not a good idea to have stripping behind diagonal parking. nd Mayor Larsen has visited with the University about the parking issue along 2 South. Some parking would need to be parallel parking in order to accommodate a bike lane. 5 Council Member Benfield indicated that the University would not like this plan on the North or the South side of the University. Joseph was unaware of the University’s concern. They nd discussed other streets that could be used instead of 2 South. Joseph encouraged more use of bicycles. nd Council Member Pugmire discussed the option of using 2 South. It makes the most sense. One block changing to parallel parking makes sense. Mayor Larsen asked for a motion. Council Member Pugmire moved to adopt the Trails of Madison County Committee’s recommendation; Council Member Erickson seconded the motion; all voted aye, none The motion carried. opposed. Snowfest Committee H. Report Kari Bowman reviewed the event and provided a handout to the Council. Council Member Erickson commended Kari for the event and the number of people that came out and supported the activities. The skating area was up and running. It was a very good event and well handled. He wanted to continue the event in future years. Council Member Anderson was totally impressed with the event and the Committee. Mayor Larsen appreciated Kari’s time for the update. Final Plat Henry’s Fork Plaza (Renamed) I.– South of Taylor Chevrolet – Staff nd Kurt Rowland 310 North 2 East from Schiess and Associates explained the Plat on the overhead screen. The turn lane for the development is still being worked on with Public Works. Council Member Erickson asked Kurt if the turn lanes are completely worked out. Kurt Rowland indicated that the turn lanes are represented on the site plan by a right of way designation including a center turn lane coming down the highway. The Planning and Zoning Commission has some requirement and commitments that were read by the Mayor to the Council. Council Member EricksonFinal Plat for the Henry’s Fork Plaza moved to approve the upon meeting the conditions from the Planning and Zoning Commission and City Staff approval; Council Member Anderson seconded the motion; Discussion: Council Member Fullmer asked about the turn lane requirements. Council Member Erickson indicated that the turn lanes will come in with the right-of-way easement. All voted aye, none opposed. The motion carried. Final Plat Pioneer Village – J.Adjacent to Mariah Avenue – Staff Kurt Rowland from Schiess and Associates representing futures of Idaho explained the name change on the street in the development from Grand View to Handcart Lane. Mayor Larsen reviewed the changes to the Plat with Kurt Rowland. Council Member Fullmer moved to approve the Final Plat for Pioneer Village; Council The motion carried. Member Young seconded the motion; all voted aye, none opposed. 6 Animal Control Proposal K. Sergeant Colin Erickson r eviewed the proposal that will be given to the County Commissioners tomorrow night. He explained the County’s desire to house county animals at the shelter with the City. The current shelter is outdated and needs upgraded due to over crowding. At this point there is a lot of support for this proposal. The Lions Club and “4 Paws for Adoption” support the proposed shelter. Sergeant Erickson asked the Council to review the proposal for a shelter that will last for the next 20 years. He reviewed the options to the Council. 1)One option is to split the cost with the County. It would cost about $350,000, plus a part time person to man the shelter. 2)The seconded option would cost $175,000 for the building and then there would be a $25.00 fee for each animal coming for a County resident. 3)The third option is to have a facility built by the City and then charge $55.00 for each animal from any source. There were 300 animals brought to the shelter in 2003; 500 animals were brought to the shelter in 2004. Four Paws Pet Adoption adopted out about 80%+ of the animals this past year. Council Member Erickson indicated that Sugar City expressed an interest in the proposal to bring animals to Rexburg. Officer Erickson thought that Sugar City wanted to pay into the cost of the building. The Council discussed the 20-year plan to pay for the facility. Mayor Larsen indicated that this proposal will be presented to the County and Sugar City tomorrow night. L.Franchise Agreement for Intermountain Gas – Staff City Attorney Zollinger reviewed BILL 934 with the Council. He indicated that the Council needs to approve the process to go forward with a public hearing on the proposal to renew the st franchise agreement with Intermountain Gas. The current agreement expires the 1 of March. Road cut permits were not exempted from the current Franchise Agreement proposal. Intermountain Gas will need to apply for road cut permits at cost. Attorney Zollinger asked for direction to allow the City Clerk to prepare a Public Hearing on the renewal of the Franchise Agreement. After discussion, the Mayor Larsen requested the City Clerk to move forward with the proposal to renew the Franchise Agreement with Intermountain Gas. Public Hearings: - None 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. nd 1.BILL No. 926 (RIPE for 2 Reading) New Planning and Zoning Regulations st (1 Reading–November 17, 2004) Kurt Hibbert reviewed the draft BILL and he explained that there is still sections that need additional information added. New Commercial Zones have been added to this draft copy of the BILL. The text version of the tables will be added to the BILL. 7 Council Member Erickson reviewed the document and made some clerical suggestions. He commended Kurt for the work he has done on the BILL. Council Member Young asked about references to overlays. Kurt explained that there will be only one overlay for the Sexually Oriented Business overlay. He asked Kurt about some date changes for the Planning and Zoning Commission meetings. The Planning and Zoning strd Commission meets the 1 and 3 Thursdays of each month. rd Don Sparhawk at 37 South 3 East represented the East Main Neighborhood Association. He discussed the Professional Office overlays that are currently in their residential neighborhood. They are the Madison Professional Park, Professional Plaza, and Doctor’s offices across from the hospital. They are concerned with the Professional office Zone and some of the definitions that would be allowed in the Professional Office Zones. The past overlays were to protect the neighborhoods going into the future with a site plan review by the Planning and Zoning Commission. This new Commercial Zone allows more commercial businesses than is currently allowed under Ordinance 725. He reviewed some of the new business in a Professional Office Zone in the Draft Ordinance. They asked to rewrite the BILL to reflect what the current office overlay allows. Their neighborhood will work closely with the City to rewrite that section. They commend the City for undertaking this project. Mayor Larsen and Kurt explained that the old overlay in Ordinance 725 becomes non- conforming use. There are no Professional Office overlays in the current BILL. It will not become a Professional Office Overlay. The current buildings are legal non-conforming use in a residential zone. Only an underlying zone change would allow for a change in their current status. Kurt indicated that the zoning is protected in their neighborhood. Zoning could only be changed with a Public Hearing to change the Zone in their neighborhood. Mayor Larsen explained that the Professional Office overlays in Ordinance 725 will disappear when this Ordinance is adopted. Council Member Pugmire a sked to review the document over a period of time. This would allow some time to digest the document. He suggested breaking up the document into sub- sections for review at future Council meetings. Council Member Erickson asked to move forward with the living document and change it as needed in the future. He suggested that the document could be changed next week if the Council had a need to change it. Just because it is called a living document, it does not mean that the Council has to live with it. Council Member Benfield agreed with Council Member Erickson and Council Member Pugmire. She wants to understand it clearly so a mistake is not made in the process. Council Member Young asked when the last ordinance was done. Kurt Hibbert indicated that Ordinance was done in 1992. He said the new BILL has new Zones. Current Ordinance relating to Planning and Zoning are included in this document. We added design criteria with a Design Review Committee and Board. Lighting Standards are in the new BILL. Council Member Erickson asked Kurt if this document is complete. What is your advice? Kurt Hibbert indicated that it will never be a perfect document. There will be changes needed as the process moves forward. He mentioned to Council Member Erickson that there are items in the document that need work; however, the Council can make those changes at their next meeting. 8 Council Member Young asked if the past Public Hearing was adequate for this process. Do we need another Public Hearing? City Attorney Zollinger indicated that Ordinances that change the Zone must have a Public Hearing. This document would only require a Public Hearing at the Council’s discretion. rd Changes to BILLS and Ordinance can be done on the 3 reading in a Land Use Planning hearing. In the Planning and Zoning Ordinance it is up to the discretion of the Council. The passage of ordinances does not require a Public Hearing. Mayor Larsen mentioned that he was in agreement with Council Member Erickson; the current text is a step forward from the current Ordinance. The Design Standards are important in the current BILL. Council Member Erickson mentioned that Design Standards are in all the Commercial Zones. Kurt Hibbert explained that Neighborhood Business District developments do not have Design Standards until specific language is added for residential areas. Council Member Pugmire reiterated the need to have some time to review the document. He recognizes the need to continue to review the document. Council Member Young mentioned that the Planning and Zoning Commission has already reviewed the issues and made this recommendation to the City Council. That is what we asked them to do on this code. He indicated his trust in the Planning and Zoning Commission. He did not find errors in substance; however, there were some typing errors. Council Member Young mentioned that he has gone through the document and read it word for word. He did not want to send the wrong message to the Planning and Zoning group. Council Member Fullmer asked how long the Planning and Zoning Commission had worked on the document. They have had the current draft for about one month with feed back. th Council Member Erickson indicated that the Council has had this document since the 17 of December. It is the third complete draft he has reviewed. He recommended passage. Council Member Fullmer agreed with Council Member Pugmire; however, he does not want to micromanage the City Committees. nd Council Member Fullmer BILL No. 926 w moved to 2 read ith any recommended changes on the next meeting; Council Member Erickson seconded the motion; Discussion: Council Member Pugmire asked the Council if it is the will of the Council to move the process forward. He suggested suspending the rules and passing it tonight. Council Member PugmireBILL No. 926 moved to suspend the rules on as a substitute motion for passage tonight; Council Member Erickson seconded the motion; Discussion: Council Member Anderson mentioned that she is comfortable with the living document concept. Council Member Benfield has not read the entire document. Council Member Erickson indicated that changes were in the administrative rules not the Zones since the last review. Council Member Fullmer indicated that he is not prepared to suspend the rules. He would like to stand by his motion for a second reading. Council Member Erickson explained the reasoning for suspending the rules would be to implement Design Standards. Council Member Pugmire commented that if this motion fails, then suspend the rules and pass Design Standards. We currently lack the tools to enforce the work of the Downtown Committees. Council Member Pugmire wants to have the Downtown area as a place that is planned by the Community. The Community needs to have a seat at the table. City Attorney Zollinger mentioned that both motions are doable. The comment to pass the Design Standards independently without public notification is not doable. The public must be 9 notified that the Council is going to consider an Ordinance. Mayor Larsen asked for a vote on BILL No. 926. the motion to suspend the rules on Those voting aye Those voting nay Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Irma Anderson The motion to suspend the rules on BILL No. 926 carried. Kurt Hibbert made a point of clarification. He indicated that Council Member Pugmire had reviewed the Design Standards independent of the entire BILL and the copy that the Council has tonight is the latest version of the Design Standards for BILL No. 926. Council Member Pugmire indicated that the BILL 926 is ready for third reading when the updates to the Design Standards are included under section 3.15.70 on page 170 of BILL 926. Council Member Erickson moved to insert amendment code into BILL 926 as noted by Kurt Hibbert and Council Member Paul Pugmire; Council Member Fullmer seconded the motion; all voted aye, none opposed. The motion carried. Mayor Larsen called for a motion for a third reading of BILL 926. rd Council Member Pugmire moved to 3 read BILL 926 as amended for passage; Council Member Erickson seconded the motion; Those voting aye Those voting nay Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Irma Anderson rd The motion to 3 read BILL No. 926 for approval carried. nd 2.BILL No. 911 (RIPE for 2 Reading) Booting parked cars st (1 Reading December 03, 2003) City Attorney Zollinger explained that this BILL is ripe for second reading. The standard language is used in the BILL 911 for regulated businesses which require owner/managers or agent participation in any attempt to tow or boot a vehicle from privately owned parking lots. Beyond that requirement, the BILL requires the standard licensing and insurance for regulated businesses (vehicle management companies). The employees of these businesses would have to be identifiable as working for that company. The same language in the BILL is used in other municipalities that have universities in their communities. They can’t stand to profit from the number of cars that are towed or booted in their parking lots. Mayor Larsen asked if there was any public input for BILL 911. Brett Tyler Carlile reported to the Council that he was booted and towed recently. He had four witnesses to his story; namely Russell Spaulding, Whitney Goff, Alisha Wheelwright, and Angie Gleed. He reported that his car was towed by Darin Helm of All American Towing- Rexburg Parking Security. The incident escalated from a parking violation to an argument. The required fee changed from $40.00 to $80.00 before the car was towed to an impound lot. 10 Brett was upset that his car was removed for the scene as he was gathering up the $40.00 then the $80.00. He read a statement to the Council. He planned to be at the apartment less than a minute. After the first encounter with All American Towing-Rexburg Parking Security, he moved to the overflow lot for the apartments where there was plenty of parking available. Brett asked the Council to require numbered parking stalls for apartments private parking lots. He recommended that they have three spots for loading and unloading. Brett did not see any posted parking restriction signs on the overflow lot. th Jacob Curren at 358 West 4 South presented an overhead display of pictures of Carriage House Apartment parking lots. He and his wife manage the Carriage House Apartments. There are signs posted at the three main entries to these lots. Carriage House has three adjoining houses that are used as rentals. He reviewed some towing BILL issues that are a concern to him. He did not want his wife to go out into the parking lot at night to require a car to be towed. He was concerned for the protection of the people who are in the towing business. Their towing person was verbally assaulted a few days ago. They issue resident parking permits for their residents equal to the number of stalls they have available in their parking lots. Their off-site parking permits are separate from their onsite parking permits. Jacob mentioned that they tow an average of three cars a week. They do not boot cars. There are 252 girls with limited parking stalls. They have contracted for 130 stalls. Thirty of those stalls are off site. There are 125 girls with cars. Mayor Larsen asked if they have visitor parking. Jacob indicated that they do not have visitor parking. Melanie Curren indicated that they provide temporary permits for their off site parking lot. The recommend using the street parking for resident drop offs. She keeps the stalls assigned to the renters on a first come first serve basis by using the contract date. Mayor Larsen asked Jacob and Melanie if the residents know about the availability (first come first serve) parking stalls when they sign their rental contracts? Carriage House Apartments has more cars that parking stalls. Council Member Erickson appreciated the Curren’s effort for parking lots control; however, he asked: “if you had to go out at 10:30 p.m. to tell the towing company to tow this vehicle, would this have happened?” Jacob explained that the towing person handles these towing incidents professionally. Council Member Erickson asked again if this incident would have happened at 11:45 p.m. if BILL 911 was in place. Jacob and Melanie both said yes. Mayor Larsen asked City Attorney Zollinger about the time of day that street parking is prohibited during the winter. City Attorney Zollinger explained that the restriction is between 2:00 a.m. and 7:00 a.m. Dale Sloan from an Idaho Falls car repair shop explained the Towing Association code for treating a customer as a friend, not as an enemy. They are not supposed to harass the customer. This situation turned out to be totally out of control. Dale commented on a conversation he had with a wrecker diver he knew in Rexburg. This driver was reported to say that this kind of customer treatment has been going on in Rexburg for quit awhile. He wished something could be done to stop this kind of treatment. If wrecker drivers do not adhere to the ethics code for wreckers, the State of Idaho will pull your license. Dale gave an example of a wrecker driver in Idaho Falls that lost his license for that reason. The tower should have talked this situation out; however, one thing led to another. He knows the wrecker driver’s license will be pulled by the State for mistreatment of customers. Council Member Erickson has a business that uses a wrecker truck. In this case his business would have made a dry run. 11 Daren Helm owner of All American Towing explained that he towed this vehicle at 10:30 p.m. Monday night. This vehicle was parked in the entrance and blocked the entrance. He mentioned that repeat offenders can only be caught by towing. Repeat offenders can only be caught by patrolling the parking lot. He mentioned that he had two contacts with the individual before he towed him in the previous discussion. Originally, he had no intention of towing the vehicle. There is not an overflow lot. There are signs that say parking by permit only. After the second incident with this vehicle, Daren strapped the vehicle down to his tow truck before the driver came back to the car. He is legally able to charge full price for the tow when the car is strapped down. The argument started at that time. Even though Daren offered to charge the $40.00 instead of the $80.00 the customer was still argumentative. Daren gave him his chance, his opportunity. “He said no.” Then he said, “fine, we will pay the $80.00.” He left to get the money and Daren got another call after waiting five minutes, so Daren towed the vehicle to the impound lot. The individual apologized when he called to see where his car was located. Daren mentioned that the Provo towing ordinance indicated that if you comply with the ordinance rules, you do not have to have the apartment manager’s signature. Ross Farmer owner of Carriage House has used Daren’s towing service for several years and Daren does an excellent job. The lots are unmanageable without Daren’s help. He trusts Daren as he would one of his managers. Jacob and Melanie made a good case that people can avoid being towed by parking on the street. He reiterated the concerns of having Melanie go out at night to manage the parking lot. He is opposed to having the managers of the apartments out in the parking lots to catch the parking violators. The unscheduled patrol of the parking lots by Daren helps control the parking violators. Dustin Hyder a Madison County resident mentioned that parking on an unlighted street is unsafe. He suggested a 5-minute grace period amendment to BILL 911 to drop off dates and deliveries. The apartment owners are responsibility for the safety of their tenants. Micro management of parking lots offers better stability for the tenants. Virginia Pratt at 632 Dell Drive does not like the micro management of parking lots. It is not practical for the apartment managers. They encourage their tenants to have permits. Although a majority of apartment owners support BILL 911, the Pratt’s and some others do not support micro management of private parking lots. She thought the BILL was unreasonable. Double and triple parking is a problem when the University has special events. Surprise checks are necessary to control the lots from illegal parking. Council Member Erickson asked Virginia how she controls her lots. She supports the basic BILL which requires the towing companies to be licensed; however, she does not like the provision that requires the manager to call for the tow. The lots should have well marked lots and only give permits for available parking stalls. Council Member Pugmire asked Virginia if she was representing the Apartment Owners Association. She said “no”. City Attorney Zollinger reiterated his comments that he was given authority by the Apartment Owners Association to represent to the Council that they support the passage of BILL 911 in its current form. Virginia reiterated that the Association does support BILL 911; however, she does not like the provision for requiring a signature from the manager before a vehicle can be towed. Council Member Pugmire indicated that there is a place for towing; however, he has a problem with booting. Based on the City Attorney’s comments from the Apartment Board Association, he will support BILL 911. He mentioned that he would seek to outlaw booting if BILL 911 does not pass. 12 nd Council Member Pugmire moved to 2 read BILL 911; Council Member Erickson seconded The motion carried. the motion; all voted aye, except Council Member Young. C.Third Reading : Those items which have been second read. rd 1. BILL 931 Title 39 Idaho Code (RIPE for 3 Reading) – Support Clean Indoor nd Air Act – Madison County Health Coalition (2 Reading-February 02, 2005) rd Mayor Larsen introduced BILL 931 for a 3 reading. rd Council Member Pugmire moved to 3 read BILL 931; Council Member Anderson seconded the motion; Mayor Larsen called for a roll call vote. Those voting aye Those voting nay Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Irma Anderson rd The motion to approve the 3 reading and passage of BILL 931 was approved. 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) Parliamentary Procedures 2.for the City Council Old Business: Parks and RecreationPorter Park a. Funding options for Richard Horner presented an information sheet on the budget that would allow budget changes to provide for some funding of the Spray Park in Porter Park. The Council discussed the various budget items in General Fund Capital that would need to be changed or deferred in the budget to accommodate the Spray Park project. A loan against future impact fees may be an option up to $173,000. Council Member Erickson discussed $463,000 of budget funds that may be available to fund the Spray Park; however, contributions to the Spray Park fund would lower that liability. He proposed funding $200,000 from the City budget and then seek matching funds. Council Member Pugmire requested to seek funding in other ways instead of depleting the City’s contingency fund. There is still seven months left in the current budget year. He recommended maintaining a contingency of a minimum of $130,000 in the budget. One option would be to review the budget and delay funding of some budgeted items. The Council discussed the options of changing the budget and deferring some budgeted items to help get this project started. Mayor Larsen mentioned that the City could borrow from the revolving loan fund for the Spray Park proposal. John Millar indicated that some of the components of the project have not been reviewed for a detailed cost estimate at this time. 13 Council Member Erickson requested that the City provide a base amount for the project as seed money. Mayor Larsen agreed with that idea and he suggested that the Council could ask the Recreation Committee to seek matching funds to match the City’s proposal. The Council discussed starting with $200,000 as a base amount from the current budget. Council Member Pugmire moved to commit $200,000 of the current budget to the Porter Park Spray Park as matching funds contingent upon the successful completion of Recreation Department’s fund raiser for matching funds; Council Member Benfield seconded the motion; Discussion: John Millar mentioned that the Smith Park path cost $28,000 without lighting. The motion carried. All voted aye, none opposed. Payday Policy Change b. Richard Horner reviewed the recommendations from the Employee Committee concerning the Payday Policy. They recommended keeping the same payday schedule that is currently in stth place on the 1 and the 15of the month. The cut off date for timesheets before payday will be thth 8 days on the 7 and 24 of the month. This will require timesheet entries including overtime to be paid on the next payroll if the overtime is worked in that 8 day time period. Council Member Fullmer moved to adopt option #1 as recommended form the Employee Committee; Council Member Pugmire seconded the motion; all voted aye, none opposed. The motion carried. City Council Report: A. G. Farrell Young - None B. Donna Benfield - None C. Rex Erickson - None D. Paul Pugmire indicated that the Golf Course plan for a new 9-hole addition is on target to begin construction in February or March 2006. E. Nyle Fullmer - None F. Irma Anderson mentioned that the Tabernacle Committee is interested in extending the stage and moving the stairs. The Council discussed budget options for the coming nd budget year. The budget process will begin the 2 week in May for the City Departments. Mayor’s Report: Impact Fee Committee Appointments Mayor Larsen requested the Council to approve a new Impact Fee Committee to begin the process of adopting new Impact Fees. The last Impact Fee Committee was retired after Multi-Family Impact Fees were adopted by the City September 03, 2003. The proposed Impact Fee Committee members are the following: 1)Greg Nelsen 2)Mark Nygren 3)Bart Steven 4)Judy Hobbs 5)Ron Hammond Richard Horner indicated that two of the members would need to be involved with the Real Estate industry. City Attorney Zollinger indicated that the process to form a new committee is delineated under State Statute (67-8205). 14 DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE. (1) Any governmental entity which is considering or which has adopted a development impact fee ordinance, shall establish a development impact fee advisory committee. (2)The development impact fee advisory committee shall be composed of not fewer than five (5) members appointed by the governing authority of the governmental entity. Two (2) or more members shall be active in the business of development, building or real estate. An existing planning or planning and zoning commission may serve as the development impact fee advisory committee if the commission includes two (2) or more members who are active in the business of development, building or real estate; otherwise, two (2) such members who are not employees or officials of a governmental entity shall be appointed to the committee. (3) The development impact fee advisory committee shall serve in an advisory capacity and is established to: (a) Assist the governmental entity in adopting land use assumptions; (b) Review the capital improvements plan, and proposed amendments, and file written comments; (c) Monitor and evaluate implementation of the capital improvements plan; (d) File periodic reports, at least annually, with respect to the capital improvements plan and report to the governmental entity any perceived inequities in implementing the plan or imposing the development impact fees; and (e) Advise the governmental entity of the need to update or revise land use assumptions, capital improvements plan and development impact fees. (4) The governmental entity shall make available to the advisory committee, upon request, all financial and accounting information, professional reports in relation to other development and implementation of land use assumptions, the capital improvements plan and periodic updates of the capital improvements plan. Council Member Pugmire Impact Fee Committee moved to approve the names as submitted by the Mayor; Council Member Erickson seconded the motion; all voted aye, The motion carried. none opposed. Other City Board Appointments: c. Mayor Larsen asked the Council to approve the name of Thaine Robinson to the Planning and Zoning Commission to replace Jerry Hastings. Council Member Young moved to approve the appointment of Thaine Robinson to the Planning and Zoning Commission; Council Member Benfield seconded the motion; Discussion: Council Member Pugmire moved to recess for five minutes; Council Member The motion carried. Fullmer seconded the motion; all voted aye, none opposed. At the end of the recess, the Council reconvened to take a vote on the original motion to appoint Thaine Robinson to the Planning Commission. Mayor Larsen called for a vote on the Robinson nomination; there was a majority vote The motion carried. (five aye to one nay) to approve the nomination of Thaine Robinson. Mayor’s Youth Advisory Board Bylaws d. 15 Report on Projects: John Millar commented on the cooperative agreement with City and State on a new signal at ndst 2 East and 1 North. This is an upgrade to the current facilities. The City has agreed to work with the State on a fire hydrant that needs to be relocated. John asked the Council to approve Resolution. 2005-01 as read by Mayor Larsen for the signal upgrade. Council Member Fullmer moved to approve Resolution 2005-01 as read; Council Member The motion carried. Erickson seconded the motion; all voted aye, none opposed. The Rexburg Business Park bid for streets and storm sewer expansion was award to DEPATCO out of St. Anthony, Idaho. There was one non responsive bid from Jerome Bowen that was withdrawn. Council Member Pugmire moved to accept the DEPATCO bid; Council Member Fullmer The motion carried. seconded the motion; all voted aye, none opposed. John Millar indicated that the sanitation truck bid is due on February 17, 2005. The City is seeking Clarification on the water slide facility proposal. There are some proposals to the costs of the Spray Park that have not been substantiated. John is seeking to get some real numbers for some of the items in the project. The proposal calls for pavers that could cost upwards of $300,000. The Recreation Committee proposal contained numbers are not substantiated. The City will seek specific project bids in the future. Council Member Pugmire moved to go into executive session for a personnel matter (State Statute 67235-B); Council Member Fullmer seconded the motion; Mayor Larsen called for a role call vote: Those voting ayeThose voting nay Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Irma Anderson The motion carried. Executive Session Executive Session ended Adjournment ____________________________________ Shawn Larsen, Mayor Attest: ___________________________________ Blair D. Kay, City Clerk 16