Loading...
HomeMy WebLinkAbout2005.03.16 CITY COUNCIL MINUTES T ORM F EQUEST R RAVEL CCM ITY OUNCIL INUTES March 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 Mayor Larsen welcomed the Scouts to the meeting. 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 March 02, 2005 meeting B. Approve the City of Rexburg Bills Correction to the minutes for March 02, 2005; The FAA may require a fence for the museum project at the Rexburg/Madison County Airport. Council Member Young moved to approve the consent calendar; Council Member The motion carried. Erickson seconded the motion; all voted aye, none opposed. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) A.Bureau of Reclamation – Teton ‘RMT’ Vickie Kellerman from Boise explained that there are 6,000 acres of land up stream from the Teton Dam site that will be under a management plan for the next 15 years. It is a land management program, not water management program. Recreation, Fish, Wildlife, and Agriculture will be the management areas. They will hold public meetings on April 06, 2005, in Rexburg. 1 Vickie presented a seven minute video explaining that their mandate was to manage the land. Mayor Larsen asked if there were plans for the Teton Dam Site. It will be on the National Registry in the future. Vickie indicated that past efforts were short of successful due to vandalism. They will take another look at the site in this process. B.Proposed Veterans Memorial at Smith Park rd Lynn Archibald at 73 North 3 East represented the Veteran’s proposal to build a Memorial for Veterans at Smith Park. He expressed the feelings of living in a free land where it is truly a promised land. He stated that “we have always enjoyed liberty and freedom because of the sacrifice and service of our servicemen”. They served; not for glory or honor but because of the love for their families and the love of liberty and freedom. Lynn reviewed the past wars and made mention of the Vietnam War where sixty eight thousand servicemen lost their lives. According to Lynn, “We were comfortable on our land until the attack on September 11, 2001”. We live in a world where 1.7 million people have been killed each year th during the 20 Century. America would not be free without the men who fought for our freedom. The Rexburg Rotary Club is proposing a Community and County wide project to build a Veteran’s Memorial to the men who paid the ultimate price for our freedom. Lynn stated that “It is long over due in our Community to show our appreciation”. The Veteran’s Freedom Memorial is proposed to be in the south east corner of Smith Park. They would have to remove two trees to make room for this Memorial next to the walking path. It would be a quiet place for solitude in the Park. If we do not do this now; “When will we do it”. It would cover about 75 feet in length and 45 feet in depth. Each branch of the service would be represented. Sponsors and Veterans groups would be recognized on the memorial. The Memorial will be used for educational purposes for lives lost and numbers of veterans that have served our County. Lynn mentioned that there were sixteen million World War Two veterans, over five and one half million Korea veterans, and over eight and one half million Vietnam veterans that serve our Country. It could be funded easily by local funds from residents in the City and the County. They estimate that $85,000 could be raised if every citizen contributed $3.00 - $5.00. The veterans would like to have the Memorial concept approved by the Council. Mayor Larsen asked the veterans to introduce themselves and where they served. He asked the Council for permission to build the Memorial on City property with in- kind work and donations for the project. Council Member Pugmire agreed that it was time to do this project. He asked how this location was decided upon. Lynn explained that the Smith Park location was picked due to the walking path. He explained that this area of the Park is quiet and that solitude could be found in that part of the Park. The Council discussed the possible locations that would work for this proposal. The design for the project was included in their deliberations. . Mayor Larsen asked the Council to give tentative approval to move forward with this project. Lynn Archibald mentioned that this would be a fitting tribute for the veterans. It would not be a grave marker. Council Member Fullmer moved to support the project; Council Member Anderson seconded the motion; Discussion: Council Member Pugmire asked if the motion 2 included the location. Council Member Fullmer indicated that it was a motion to support the concept and fund raising for the project. This would show support for the project. Lynn asked if the City utility bill could be used to ask for donations from residents. They are seeking broad public support. Mayor Larsen asked for a vote: The motion carried. All voted aye, none opposed. Many veterans were in attendance to support Lynn in the presentation of the Veterans Memorial proposal. Kiwanis Club Rudy Ballard from the Kiwanis Club presented the City with a donation for the Evergreen Kiwanis Park. He gave the donation to the Mayor. Mayor Larsen commented on the people in the Community that have contributed time and donations to help in the Community. Committee Liaison Reports: Council Member Young A. : Downtown Vision · Rexburg Arts Council · Historical Preservation. Council Member Young explained the need for storage space for the Tabernacle. There is wasted space on the sides of the stage that could be used for storage. The Tabernacle Committee is asking for storage to be added underneath the stage for instruments. Martel Grover explained the proposed changes needed for the proposed storage area. They are looking for funding. Mayor Larsen asked them to get with the Building Department for some estimated costs. Council Member Fullmer asked if the University resources could be approached to seek support. The clothing building owned by the LDS Church may be available for the Tabernacle or the library. owntown Vision Committee to D The Council discussed the request made by the create a 501C9 tax exempt status for a Downtown Organization that could seek grant funding (grants) for the downtown revitalization effort. It would be a private dues paying organization with their own specific bylaws. They would still function as a recommending body to the City Council. They could look to the Redevelopment Agency for funding. Council Member Benfield B. : Beautification · Traffic & Safety – Deferred to the next meeting. Council Member Erickson C. : Airport Board · Planning & Zoning He reviewed four items that were discussed at the Planning and Zoning Commission. 1) Annexation of Rexburg Motor Sports is ready for a public hearing nd 2) 2 Design Review Committee named: a) Winston Dyer b) Stuart Wells c) Joe Laird d) David Stein 3) Development Code 926 is under review for clarification 4) Walgreen’s update discussion Council Member Pugmire D. : Golf Board – Deferred to the next meeting. Council Member Fullmer E. : Emergency Services Board In February the Emergency Services Board reported that the Board is trying to determine the board’s vision for short and long term goals. Their call volumes have gone up about 20% in 10 years from 1994 to 2004. Roger Muir was elected Chairman of the Emergency Services Board for the coming year. There is going to be another full time paramedic hired. 3 Council Member Anderson F. : Museum · Tabernacle · Parks & Recreation Martel Grover mentioned that signage needs to be added similar to signage that is being proposed for the City entrances. Mayor’s Report: Trails of Madison County · Mayor’s Youth Advisory Board Mayor Larsen mentioned that the University has concerns with the bike lanes that will run nd past the University as proposed by the Trails of Madison County Committee. The 2 annual th Spud Race will be held June 25, 2005. The Spud Race will run from 9:00 a.m. to 11:00 p.m. The Rexburg 101 program for the students is underway. The students are learning a lot about municipal government. The City Departments are being reviewed by the students in this program. The last meeting the students will conduct is a mock City Council meeting on the th 30 of March. Mayor Larsen reviewed the following calendar with the Council: Upcoming Meetings & Events: March 17, 2005 6:00 P.M. Joint County/City meeting March 30, 2005 4:00 P.M. Joint City Council/Planning & Zoning (Walgreen’s) Commission March 30, 2005 5:00 P.M. Mock City Council Meeting for Rexburg 101 March 30, 2005 7:30 P.M. Rexburg Orchestra Concert April 06, 2005 7:30 P.M. City Council Meeting April 20, 2005 12:00 P.M. MEDCO & City Council working lunch April 20, 2005 7:30 P.M. City Council Meeting April 21, 2005 6:00 P.M. Joint County/City meeting April 25, 2005 8:00 A.M. AIC Spring Conference April 26 & 27, 2005 Governor’s Roundtable on Youth (BYUI) April 30, 2005 9:00 A.M. Rexburg Pride Day Council Member Pugmire asked for authorization to approve the expenses for a trip to the National League of Cities Meeting committee meeting. The Council discussed the need to be involved with the National Cities organization. Council Member Erickson moved to approve the expenses for the trip; Council Member Benfield seconded the motion. All voted aye, none opposed. The motion carried. Report on Projects: John Millar 1)Design for the waste water treatment equipment will go to bid this month. 2)South Arterial funding mentioned with design work starting in 2005. 3)Parking lot seal coating planned for this year. 4)Porter Park improvements will start as soon as weather will permit. 5)Porter Park Spray Park is nearly ready to go out for bid. There are two slides proposed for the Spray Park. The Recreation Committee would like to have a speed slide that is 80 feet long and a standard water slide that is similar to the present slide. The Council discussed the length of the current slide. Council Member Erickson recommended keeping the slide similar to the current slide so that the facility would meet public expectations. John indicated that the bid for the Spray Park would be advertised for out of town bidders. 6)The Rexburg ditch is being put in a pipe for long term storm water use over by the High School and the Millhollow Mobile Home Park. 7)The water system has been reviewed and the worst line is in the alley by City Hall. It is going to be replaced this year from City Hall to the Court House. 8)Water line replacements are scheduled for water lines on the Rexburg Hill. 4 9)Mayor Larsen explained that the $100,000 Federal funding for the LP property is being reviewed to get the money allocated to the correct City fund. 10)The lights at Smith Park walking path are scheduled for this year. The light poles will be twelve to fourteen feet high. 11)Seventh South will get some attention to help with the five lanes of traffic reducing to two lanes of traffic. New Business: ECIPDA A.Project Planning - Ted Hendricks East Central Idaho Planning and Development Association) The last sixty days ECIPDA has been working to establish a new center (building) with a good possibility of getting funding. The State Department of Commerce and Labor is very supportive. The new location has about 2 acres to develop. The nd proposed new building will double the size of the current building on 2 East. They have applied to two federal agencies for funding. They expect an answer in the next forty five days. Kathleen from the Easter Idaho Technical College (EITC) discussed the need to provide short term training courses for counties in their 9 county region. They provide a nursing course that lasts 120 hour. Dental assistant training is also provided. The assisted care course is an eight hour course. There is a lot of turnover in the LPM program. They have reviewed the need for prerequisites in the Health Education Work force. Council Member Young asked who owns the ECIPDA building. The current building is owned by ECIPDA. A proposed loan has been informally approved for the funding of the new building with additional funding due in June or July. The property is adjacent to property that ECIPDA already own. Mayor Larsen asked Kurt Hibbert if an Educational Building could be built in a Commercial Zone. The Zoning splits the building site at the site where the new building is proposed. Ted Hendricks indicated that they have not talked to the City Planning Department concerning this proposal. They have only been working on this project for six weeks. Council Member Pugmire mentioned that this proposal can create a disjoined Community. He was concerned with the Planning aspects of the proposal. He commented that this location really, really matters. Council Member Pugmire explored the history of the funding source and why they were expanding at that site instead of the downtown area. Ted explained the funding source for the Technical College out reach program failed to get matching funds, so this funding was transferred to the Rexburg EICDA project. There are nine counties and forty five cities within the funding area. Council Member Erickson was supportive of the proposal. It is close to their current location with the availability of parking. Mayor Larsen asked if the Incubation Center serves the whole nine counties. Ted mentioned that it does serve other areas. Mayor Larsen asked if the business incubation part of the Center could be separated and located on Main Street. Ted indicated that it could be separated; he was supportive of seeking a way to facilitate that proposal. ICIPDA welcomes proposals to help move projects to the downtown area. Mayor Larsen thanked Ted and ECIPDA for the update and asked them to join with the City and work on project in the future together. 5 Ted Hendricks said it is the largest project for ECIPDA in the last 30 years. The Center has to accommodate other communities. It is a win-win project for our community. There will be a steering committee formed next week to work on the project. Jerry Hasting’s B. Planning and Zoning Commission Service Award – Deferred Tracey Stephenson – C. We the People (Madison High School) Tracey Stephenson and Anjanette Harrell presented a proposal to the City Council asking for support on a fund raiser. Their group at the High School was winners in the “We the People” competition in Boise. They are asking to do a fund raiser at the Tabernacle on Monday night, March 28, 2005, to raise $13,000 for the competition in Washington D.C. Mayor Larsen requested that they calendar the date for the Tabernacle at City Hall to make sure they have the time set aside for the event. The performance would start at 7:00 p.m. and last about one and one half hours. The Council was supportive of the idea; however, the Council requested the normal security deposit. Council Member Pugmire mentioned that the City could do its part by donating the use of the Tabernacle with the required deposit. The deposit is refundable if the facility is not harmed. Council Member Pugmire moved to waive the rental fees for the Tabernacle with the usual deposit; Council Member Fullmer seconded the motion; all voted aye, none The motion carried. opposed. D.Parks and Recreation Committee 1. Porter Park - Spray Park fund raiser kickoff Brad Smith at 262 Cornell Avenuespoke as Chair of the Parks and Recreation Committee. He asked Rich Ballou to present the presentation for the fund raiser kick off for the Porter Park “Spray Park”. Rich Ballou mentioned how humble and blessed they feel to have Council support for worthy projects in Rexburg. He is on the Veterans Committee too. They are proposing to have a ground breaking ceremony at Porter Park with advertisements in the Standard Journal. The ceremony for the fund raiser kick off will include a barbeque and entertainment. They will sell sponsorships for different aspects of the project. An example could be offering a name for the project for a fee of $100,000. This offer would allow business names to be used on the slides and bath/dressing facility by paying for a part of the project cost. That is how a bulk of the money will be raised; along with individual donations for personalized pavers with engraved names or plaques showing donor names. The Committee will seek grant funding too. Council Member Pugmire thanked the Committee for a professional job on the proposal. The Council discussed the idea of using individual’s names instead of corporation’s names. Council Member Pugmire reviewed the concept of naming rights verse presenting rights. Council Member Young asked how this proposal would be different than the naming of the skate board park the “Clair Boyle Skate Park”? Council Member Pugmire indicated that the difference was naming the facility after a person instead of a corporation. There is not a commercial benefit when naming a facility after a person as opposed to a corporation. 6 Mayor Larsen asked if May 2, 2005, would be the starting point for construction. nd The City would not be ready to move ground until the 2 of May. After some th discussion, the Council recommended having the ceremony on April 30 in conjunction with the Pride Days City cleanup. 2.Proposed Parks and Recreation Sub-Committee (quad ball fields) Brad Smith asked Steve Schwab to discuss a proposal to improve the southern part of the LP property with a quad ball diamond facility. th Steve Schwab at 263 South 4 East, reviewed a proposal to request private donations to help build a quad softball diamond facility. He mentioned that there is a renewed interest for softball leagues in Rexburg. Steve showed a conceptual drawing of a quad facility on the overhead screen. He mentioned that community members are willing to volunteer to build the facility. Teams could come to Rexburg from all over the Country to do tournaments. He gave an example of revenue that could be generated of upwards of $750,000 for a four day tournament. Little League baseball, men’s and women’s softball games could be played on the diamonds. They asked the Council to approve the clean up of that portion of the LP property to get the property elevation and associated material in place for the quad diamonds. They plan to do a study to estimate the needs of the location to improve it into a useable first class facility. Engineering design would follow the clean up of the property. Mayor Larsen reviewed the congressional funding of $100,000 that is approved for 2005 to start the LP property project. He asked for Community support to help move the development along for the LP property. The City will consider the property in the City’s budget in the coming years. Council Member Pugmire encouraged the group to convey their interest in the project by working with the City to convey their concerns to Congressman Simpson. Steve Schwab mentioned that the volunteerism for the project would demonstrate that the Community is interested in the development of the property. Mayor Larsen mentioned that the City does not have any problem lending support to the project by encouraging citizens participate in the development of the property. Steve Schwab asked for Council to approve the clean-up effort of the LP property. He indicated that it would be good for the Council to demonstrate their approval of the volunteer effort. This would show that the City Council and the volunteers are on the same page. The Council was favorable to the proposal. Mayor Larsen reviewed the process to get a sub-committee in place. Council Member Anderson has recommended that the proposed sub-committee work under the umbrella of the Parks and Recreation Committee. Mayor Larsen indicated that a Committee can appoint an ad-hock sub-committee that is made up of Committee members. They would not be voting members of the Parks and Recreation Committee; however, they would bring their recommendations forward to the Parks and Recreation Committee. Brad responded to the Mayor that the Committee needs more people involved to get the proposal completed. Council Member Anderson moved to give the go-a-head to the Parks and Recreation Committee’s proposal and endorse their enthusiasm to clean up the 7 grounds on the LP Property in preparation for a quad ball diamond facility; Council Member Benfield seconded the motion, all voted aye, none opposed. The motion carried. E.Presentation of Annual Audit --Brad Reed, Rudd & Company --Richard Horner, Chief Financial Officer Brad Reed presented the Audit to the Council. They are paid to audit the books for the City and make the audit report to the City Council. The books had very few adjustments. Richard Horner reviewed the “Management’s Discussion and Analysis” portion of the audit which is 14 pages long. Rexburg is about a $30,000,000 Company. The City is growing in assets. The Audit can be reviewed at City Hall. Brad Reed mentioned that next year the audit will show more financial information in the report. He read two schedules located on page eighteen which covers net assets. Page nineteen covers the total net increase of 3.7 million dollars. Council Member Fullmer moved to accept the audit of the City finances; Council Member Benfield seconded the motion; all voted aye, none opposed. The motion carried. Public Hearings: 7:40 p.m. Land Exchange between the City of Rexburg and Phillips Edison & Company, 175 East 400 South, Suite 402, Salt Lake City, Utah, 84111 Mayor Larsen opened the Public Hearing. Robert J. Sherry from Phillips Edison & Company reviewed the proposal for the land exchange which involves the alley on the south side of Main Street coming off nd 2 East going west towards the County building. The City and County would need to join in a land exchange agreement with the developer to develop a commercial nd development for Walgreen’s at Main Street and 2 East. The alley exchange with the City is equal in size. Robert explained that a Walgreen’s representative would be coming to the next meeting to provide information on the proposed site plan for the building. Those in favor of the proposal: rd Steve Oakey at 25 South 3 East supports the proposition. It would benefit the City. He thanked the developer and Walgreen’s for considering a development in Rexburg. He encouraged the Council and the developers to engage with a Walgreen’s representative to review the site. He encouraged a footprint for the building that would edify the downtown area. He requested a pedestrian friendly development. Mayor Larsen indicated that the three parties will meet March 30, 2005, at 4:00 p.m. The meeting will be with the City, developer, and the Walgreen’s representative. nd Brad Parkinson at 54 South 2 East representing the Autumn Arbor residential development was very supportive of the new store requesting a pedestrian friendly development. The residents of Autumn Arbor did not want a development with parking in front of the store. They encourage the developer to have a pedestrian friendly complex. Brad requested a proper buffer with appropriate lighting to enhance the area and cut down the noise. They do encourage downtown development for Rexburg. Marilyn Rasmussen at 953 West Poleline Road commented that she is the Madison County Clerk. She presented the Council with a letter from Roger Muir, a County Commissioner. The letter requested a formal site plan of the development before the land exchange was approved. The site plan should show the parking that is available 8 for County use. The County needs to know exactly how much parking would be available for County parking and if the parking could be shared between the Walgreen’s development and the County. The County would like to convey to Walgreen’s that the site plan should comply (integrate) with the Downtown Vision Committee’s recommendations. Marilyn stated that the County installed about $100,000 of fiber optics line for County and City communications. There is another $30,000 to $50,000 worth of fiber optics line planned this year to comply with the new voting act. This new line will be located in the parking lot where the site plan shows the development. The location of the site plan is extremely important to the fiber optics line issue. nd Pat Hinton at 65 South 2 East read a statement to the Council from the East Main Street Neighborhood Association. They are in support of the development. They are concerned with the way the development will blend into the downtown area. They requested a pedestrian friendly development with a sidewalk development. A development that has parking around the building does not lend itself to a pedestrian friendly development. The building should be up against the sidewalk on Main Street with parking on the side and rear of the building. nd Florence Bowman at 44 South 2 East expressed thanks to the Mayor and Kurt Hibbert for meeting with the Neighborhood Association a couple of weeks ago on this issue. She wanted to walk into the business from the street avoiding a parking lot area in front of the store. She was concerned with the public, especially the children entering the Store through a traffic area. Terrill and Margaret Arnold and Autumn Arbor letters were entered into the record. Those neutral to the proposal: None Those against the proposal: None Robert J. Sherry mentioned that the building, lighting, landscaping, and a site plan th will be shared on the 30 of March with the Council and the public. Robert requested a joint meeting with the Planning Commission and the Council to show them every thing they would want to know about the project. They will improve both Main nd Street and 2 East to make them more pedestrian friendly with pedestrian access to the building. Robert indicated that they had already committed to building a fence on the south property line of the development. They were not aware of the fiber optics; however, they plan to deal with that issue. They won’t have spill over lighting on their project. They will move the fiber optics if needed and they will not harm anyone in the development of this project. They already have a land exchange deal with the County th in place. On the 30 of March, they will have a much better presentation of this development to present to the Council. Mayor Larsen closed the Public Hearing. Due to a lack of a formal site plan he asked for deliberations to be deferred until 4:00 p.m. on March 30, 2005. Mayor Larsen asked Robert to convey the information in the minutes to the representative from Walgreen’s that is coming to the meeting on March 30, 2005. This will make them aware of the public concerns for the development. Council Member Pugmire asked about the letter from Commissioner Muir. He asked if it was a letter from the Commissioners taking action on the issue or a letter from Commissioner Muir. Marilyn Rasmussen indicated that it was a letter of concern from Commissioner Muir. Council Member Pugmire would like to see the site plan before they commit the City property. 9 Council Member Young asked Marilyn if she had a copy of the map showing the location of the fiber optics cable. She had a copy at her office. He asked Marilyn to supply the map to the developer for the preparation of their proposed site plan. Marilyn expressed concerns with the fiber optics being damaged in the proposed new development. The loss of that cable could take their communications down for up to six weeks. Council Member Fullmer asked Marilyn if the Commissioners have a collective stance on where they are with this proposal. Commissioner Robison was not aware of the fiber optics being in the parking lot. Robert J. Sherry indicated that they would take care of the fiber optic cable and the County would not loose communications service. Council Member Pugmire explained that the Council has very wide latitude in the review and approval of this land exchange proposal. The land is owned by the people of Rexburg and it will stay that way until the Council approves that land exchange with any conditions that may be required. The site plan review for the building is a separate issue with separate requirements. Robert J. Sherry verified with the Council that at some point the land exchange approval and the site plan approval will come before the Council for approval. He verified that there would not be a decision by the Council on the site plan or the alley th at the March 30, 2005, meeting due to the normal routing of project approvals through Planning and Zoning before they come to the Council for approval. He understood that at some point, the land exchange and the site plan will come before Council for approval. 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 BILL No. 934 (RIPE for 2 Reading)– Franchise Agreement Renewal 1. Intermountain Gas – Staff Mayor Larsen asked for discussion on BILL 934. nd Council Member Pugmire indicated that the bill was ripe for 2 reading. nd Council Member Pugmire moved to 2 read BILL 934; Council Member Erickson The motion carried. seconded the motion; all voted aye, none opposed. C.Third Reading : Those items which have been second read. rd 1.BILL No. 911 (RIPE for 3 Reading) Booting parked cars stnd (1 Reading December 03, 2003 & 2 Reading February 16, 2005) City Attorney Zollinger explained the changes that were put into the Ordinance for the Third reading as proposed by the apartment owners or their representatives as follows: Section 9 of the proposed Ordinance: (A) To authorize monitoring of towing and booting by third parties; all of the following conditions must be met: Visitor Parking 1.: Properties with less than 10 on-site parking spaces shall not be required to provide visitor parking. Properties with 10 or more on- site parking spaces must provide visitor parking equal to 3% of the 10 number of onsite parking permits or spaces (with a minimum of one visitor parking space). Visitor parking stall(s) 2. must be conveniently located. Tenants using Visitor parking after BYU-I curfew 3.: Tenants will not be allowed to park in visitor parking except during the following times: a.From (30 minutes) after the nightly curfew of BYU-I until the beginning of BYU-I visiting hours the next day for student housing complexes. b.Non-student complexes may set convenient visiting hours. Visitor parking times 4.may be variable but not less than 10 minutes. Visitor parking areas 5. must have adequate and visible signage and text. Signs must be at least 12” x 18” and include the words “Visitor Parking Only”, “Permit Parking only during ** A.M. to ** P.M.” (based on current BYU-I curfew and visiting hours), and “All others may be booted and/or towed” Parking Permits 6.: Properties may only issue parking permits equal to the number of available spaces (on and/or off-site parking). Offsite parking 7.: There shall be no limit to offsite parking. There shall be no restriction on distance from the residential complex to the offsite parking for residential complexes legally existing on the effective date of this ordinance. There shall be no required visitor parking for areas designated as offsite parking. City Attorney Zollinger mentioned that the number of parking spaces in item one above was changed from 21 stalls to 10 stalls. The visitor parking stalls available for visitor parking was changed to allow visitor parking for 30 minutes after BYU-I curfew. If the apartment owners do not comply with section 9 (A), they will have to sign for any towing or booting of a car in their lots on a case by case basis before the car is booted or towed. Council Member Erickson asked about owner authorization for towing or booting. City Attorney Zollinger reiterated the changes noted. It accommodates those managers who don’t want a manager to sign for each boot or tow. 9. Non-Consensual Towing and Council Member Pugmire reviewed Booting Practices on Multi-Unit Residential Private Properties. He asked that all references to towing and booting remain consistent in the document. Council Member Benfield reviewed the change in the distance requirement. This BILL does not restrict the distance for additional parking lots. Council Member Erickson asked if it fit the smaller lots where there is not enough parking. He was concerned with smaller apartments that could go off site and purchase additional parking for their apartments. The Council discussed the issues with purchasing additional parking for units that do not have onsite parking for each unit. Mayor Larsen asked for public comments on the proposed BILL. 11 Van Elg represented the Off-Campus Housing Association stating that “It is a fair compromise. We are ready to move on”. Mayor Larsen concurred with Van’s comments. rd Council Member Pugmire moved to 3 read BILL 934; Council Member Fullmer seconded the motion; Mayor Larsen asked for a roll call vote: Those Voting AyeThose Voting Nay Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson Irma Anderson G. Farrell Young The motion to approve BILL 934 carried. Council Member Pugmire moved to amend BILL 911 in the following manner: Section 9 (A) item1, add and booting; Section 9 (A) item 7, line 2, add for residential complexes legally existing on the effective date of this Ordinance; Section 9 (C) line 2 add booting; Council Member Fullmer seconded the motion; all voted aye, none opposed. The motion carried. Council Member Pugmire moved final passage of BILL 934; Council Member Fullmer seconded the motion; Mayor Larsen called for a roll call vote. Council Member Young indicated that he would have to change his vote because it represents too much government in private business. Those Voting AyeThose Voting Nay Paul Pugmire G. Farrell Young Donna Benfield Nyle Fullmer Rex Erickson Irma Anderson The motion carried. City Attorney Zollinger thanked the homeowners association for providing the solutions that help get the final version of the BILL passed. 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 2.Old Business: A.Mechanical Fees for Building Inspections – Val Christensen Val had a handout Mayor recommended the changes to the fees City Council Member Pugmire asked Richard Smith if the University was ok with the proposed fees. The University wants to review the fees in one year. Council Member Pugmire moved to modify the fees as proposed; Council Member The motion carried. Young seconded the motion; all voted aye, none opposed. 12 B.Proposal for a new Museum for Rexburg – John Bagley John Bagley reviewed the commitment of the Council at the last meeting. He mentioned that there was a glitch to address in the agreement. City Attorney Zollinger explained that the FAA has claim to the land for a minimum of 20 years after the City receives money from the FAA. John Bagley is concerned with the possibility of the Airport closing some day and the building’s ownership would be in question. He would like it deeded to his (LLC) Company. He is asking for City/County reimbursement (fair market value) for the building if the possibility of the Airport closing ever happens. City Attorney Zollinger indicated that the Airport Board would need to agree to purchase the building if the airport was closed. Council Member Pugmire asked if there was a need for a contractual agreement to put the proposed museum building on City/County property. Council Member Pugmire asked for clarification on the proposal. He did not want to bind a future Council. City Attorney Zollinger indicated that the City can contract on land for the City. He explained an example of a contract for a 30 year period for land with a contingency built into the contract to cover specific issues. The contract could have a contingency clause that provided for the purchase of the building if the Airport ever closed. This would not set a legal precedent. John Bagley mentioned that museum proposal is getting exciting and it can be fun. John is asking for reimbursement for the building. It is built for the benefit of the City of Rexburg and the aviation community. There was a comment from Warren in the audience that this agreement should be available to all hanger owners at the Airport. City Attorney Zollinger indicated that the contract should have a reversionary clause to the FAA. When the museum closes, the hanger would revert to a regular hanger. It would become a standard hanger. This would take it out of the saving grace clause. The City Council approved the final step to get the contract finished. Mayor Larsen mentioned that this proposal is conceptual at this point without an approved contract. The Airport Board would need to approve the concept before the Council gives final approval. Adjournment ____________________________ Shawn Larsen, Mayor Attest: __________________________________ Blair D. Kay, City Clerk 13