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HomeMy WebLinkAbout2005.04.06 CITY COUNCIL MINUTES T ORM F EQUEST R RAVEL CCM ITY OUNCIL INUTES April 06, 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 March 16, and March 30, 2005 meeting B. Approve the City of Rexburg Bills Council Member Pugmire moved to approve the Consent Calendar; Council Member The motion carried. Anderson seconded the motion; all voted aye, none opposed. Mayor Larsen welcomed the Scouts to the meeting. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) - NONE Presentations: 1.Planning and Zoning Commissioners a.Jerry Hastings b.Stephen McGary c.Robert Schwartz Mayor Larsen commended these Planning and Zoning members for their service to the City. Planning and Zoning Commission chairman Winston Dyer expressed his gratitude on behalf of the Planning Commission and the community for their countless hours of service. 1 Jerry Hastings and Stephen McGary were present to receive their awards. 2.Rexburg 101 graduates Mayor Larsen explained the Rexburg 101 program to the audience; which is to train the Rexburg youth about local government. The Rexburg 101 sessions where held in the month of March. The last session was a mock City Council meeting. Each student was elected or appointed to a City position for the meeting. Mayor Larsen read each position that was represented in the mock Council meeting. The Mayor presented each member a Certificate of Achievement as noted below: MOCK CITY COUNCIL MEETING – MARCH 30, 2005 Brandon Bradshaw------------------Recreation Director Tracey Stephenson------------------Mayor Shelly Lucas-------------------------Council Member Clarisa Blacker---------------------- Vanesa Cannon---------------------Council Member Jacob Thatcher----------------------City Attorney Shaundell Thomas ------------------Police Chief Karlie Stark--------------------------Parks Director Isaac Madsen------------------------Council Member Ryan Madsen------------------------Council Member Braydn Larsen-----------------------Planning and Zoning Administrator Mackinley McGarry----------------Council Member Jake Erickson------------------------City Clerk Joseph Webster----------------------Fire Chief Tabitha Webster---------------------Council Member (President) Jared Mangum (BYU-I Student)--Financial Officer Stoddard Davenport---------------- Jared MangumNatilyn Varela (BYU-I student) and (Rexburg employee) received a Certificates of Appreciation from the Mayor for organizing the Rexburg 101 events. Council Member Pugmire indicated that it was fun for the participants and those who watched the event. He mentioned that it was great to be a part of the mock Council meeting. Committee Liaison Reports: A. Council Member Young: ( Downtown Vision · Rexburg Arts Council · Historical Preservation) Council Member Young reported that the Rexburg Community Orchestra preformed extremely well at there Tabernacle performance and they deserve the support of the Council. There is a need for a new chairperson for Historical Preservation Committee. B. Council Member Benfield: ( Beautification · Traffic & Safety) Council Member Benfield indicated that the Beautification Committee met last Friday. They are working on the spring flower baskets for Main Street and the home beautification awards are on target. C. Council Member Erickson: ( Airport Board · Planning & Zoning) Council Member Erickson reported that the Airport Board met this afternoon. They are more active in the last month and a half than they were in the last year and a half that he has been a member of the City Council due to the Airport Museum proposal. Council Member Erickson mentioned that they have five concerns that the City Attorney Zollinger has incorporated into the Museum lease agreement. The hanger leases at the Airport are due to be renewed. The leases will be changed to twelve month leases which will be ending in December each year. The Airport Board discussed new hanger spacing and septic tanks at the Airport. The hanger septic systems will be connected to the City septic system when the septic line is available on Airport Road. 2 City Attorney Zollinger indicated that the Airport Museum contract will be presented to the City Council at the next Council meeting. The individual hanger leases will be signed by the middle of May. D. Council Member Pugmire: ( Golf Board) Council Member Pugmire mentioned that the golf season is with us once again. The Golf Board is working on the financing structure for the new nine hole golf course. E. Council Member Fullmer: ( Emergency Services Board) Council Member Fullmer mentioned that the Emergency Services Board met one week ago. He indicated that the Fire Department lost a fire fighter six weeks ago when he passed away. The Fire Department organized an honor guard for the funeral and prepared a policy for the honor guard for future organized events. They are reviewing a hiring policy since they had a paramedic resign six weeks ago. The Emergency Services Board is looking at hiring procedures at this time. Nathan Judd Salisbury was hired as a new firefighter paramedic. Nate has been working as a part time paramedic for the last two years. Mayor Larsen mentioned a ladder fire truck was passing through and stopped for demonstrations. The sales representative for the truck offered to let Mayor Larsen climb the ladder; however, Mayor Larsen declined the offer. The ladder was seventy five feet long. F. Council Member Anderson: ( Museum · Tabernacle · Parks & Recreation) Council Member Anderson indicated that the Museum Committee has completed their bylaws. They are studying what to accept and what not to accept in the Museum. They are working on a signage proposal for the Tabernacle. They will ask for Council approval when the sign design is completed. The Tabernacle Committee is working on a project to remodel the stage. Steve Meyers from the High School will do the work with High School students. The City will provide the materials for the stage. The Upper Valley Arts Council has purchased a file cabinet for their records. They are working on getting storage space in a room at the Tabernacle that will be shared with the Museum. The room is across the hall from the Historical Society. Council Member Anderson invited the City Council to attend the ground breaking th ceremony on April 30 at 12:00 p.m. in Porter Park. The Parks and Recreation Committee is planning to kick-off event to start fund raising for the construction of the Spray Park. G. Mayor Larsen: ( Trails of Madison County · Mayor’s Youth Advisory Board) Joseph West reported on a plan for the bike paths around the City. This includes striping the bike lanes on roadways. He discussed the concerns of the University on the bike path along nd 2 South by the north edge of the University. Joseph proposed a delay in that bike path for one year to allow time for the use of other bike paths in the City to increase in usage and demonstrate that bikes can be a positive mode of transportation. Some concerns over losing parking spaces and traffic interference were mentioned. Difference areas of the City were discussed concerning traffic and parking issues when a street is striped for a bike path. Bike riding on the University Campus may be a problem. nd Mayor Larsen commented on the bike lane along 2 South that will tie into Lincoln School and Porter Park. The City has the parking along the street where Joseph mentioned a need for a one year delay in the bike path. Joseph is trying to build a consensus between all of the players on the location of the bike path next to the University. JD Hancock, project Chairman for Eagle Park, is also representing the Lions Club, and the Trails of Madison County, in the development of twenty-four camp sites that are being developed in Eagle Park. They are working on camping amenities, to include tables, fire pits, culinary water, and parking for two vehicles at each camp site. They hope to have three pic- nic shelters and four rest rooms completed in the future for the Park. Two of the restrooms are scheduled for completion before July 01, 2005. JD gave examples of bulk restrooms constructed for the US Forest Service and the US Fish and Game Departments. They cost from $10,000 to $12,000 for State agency locations. JD provided examples of restrooms that are built for State agencies. The cost will be about $3,000 each for the materials for this type 3 of restroom. The construction labor would be donated for the construction of these restrooms. The BYU-I construction management Class will work on the design of the project. The Committee is asking for an advance of $4,000 from the budget to complete two restrooms. They anticipate revenue collected this year to cover the advance for the material for the two restrooms. It will be a City Park that will be available year around for Scout outings. Mayor Larsen explained that it is City property with an agreement with Basic American Foods to use their property in the Park. Last fall the City crews worked on the Park with scout groups and the Lions Club. There are no fees for the Scouts if they do one hour of service in the Park. Others will pay $10.00 per night up to seven nights for each camp site. It could generate $240.00 per day. They will need twelve to sixteen picnic tables. Council Member Benfield asked if they wanted publicity. JD Hancock explained that would be good after issues on the development of the Park are resolved. The Council had a discussion on financing of the amenities for the Park on a loan basis. nd Mayor Larsen reviewed the revenue that will come into the Park account with the 2 Annual Great Spud Race fund raiser. This revenue will be used to pay for the loan. Council Member Pugmire moved to approve expenditure in the amount sufficient to build two outdoor restrooms not to exceed $5,000 at Eagle Park; Council Member Young seconded The motion carried. the motion; all voted aye, none opposed. Mayor Larsen mentioned some calendar items for April: 1. April 13, 2005 AIC Planning meeting 7-9:00 p.m. at City Hall - AIC District 6 June meeting in Idaho Falls. 2. April 15, 2005 from 5-8:00 p.m. - Spay-ghetti Dinner for “4 Paws Pet Adoptions” at the V.F. W. Hall 3. April 20, 2005 12:00 p.m. MEDCO/City Council work meeting at City Hall 4. April 20, 2005 7:30 p.m. City Council 5. April 21, 2005 8:00 a.m. Mayor’s Youth Advisory Board report at Madison High School 6. April 21, 2005 6:00 p.m. Joint County/City Council meeting at the Court House 7. April 22, 2005 9-12:00 p.m. Transportation meeting at City Hall 8. April 25, 2005 AIC Spring District 6 Seminar in Idaho Falls at the Shilo Inn 9. April 27-28, 2005 Governors Roundtable at BUY-I on Youth; Wednesday evening start - 300 youth from the upper valley expected to attend, register on the Governor’s Web site 10. April 30, 2005 8:30 a.m. Pride Days Tree City USA award presentation and then break out into service projects Mayor Larsen asked the Council to approve Roger Harris and Vickie Johnson to the Tabernacle Committee. Council Member Pugmire moved adoption of those appointments; Council Member The motion carried. Fullmer seconded the motion; all voted aye, none opposed. Mayor Larsen asked the Council to approve Mary Ann Mounts to the Planning and Zoning Commission; Council Member Fullmer moved to approve Mary Ann Mounts to the Planning and Zoning Commission; Council Member Pugmire seconded the motion; all voted aye, none The motion carried. opposed. Report on Projects: John Millar reported on major projects: 1.Equipment upgrades for the waste water treatment plant out for bid for about ¼ million dollars. The bids close next week. 2.Business Park’s final phase will be under construction starting next week. DEPATCO construction company has been awarded the bid. 3.Sanitation truck is ordered and will be completed in 5 months. th 4.Sewer extension on south 12 west for the John Deere dealership and Rexburg Motor Sports is ready for bid. Those two businesses will finance most of the line extensions. The remainder of the cost will be paid by City water expansion funds. 4 5.Porter Park project is under construction. The building has been removed. John asked about the treatment of the tower and disposal of the slide tube. The City does not have any value for a water slide. He asked to declare it surplus to get rid of it as a capital item. The slide tube will need a buyer. The Fire Department may use the steel tower as a training facility. It could be stored at the City shop until a location can be approved for the Fire Department training facility. Council Member Anderson asked where the tub would be stored if the City crews take it down. It would be stored at the street Department shop. Council Member Young asked for the City to recognize the event as a memory moment when the slide is torn down. It was installed in the early 80’s based on some people at the meeting. John mentioned that University students were using serving trays to slide down the tub slide in the last couple of days. Council Member Anderson moved to surplus the slide and apply the funds to the Porter Park fund raiser; Council Member Benfield seconded the motion; all voted aye, none The motion carried. opposed. 6.The pathway around Porter Park will start as soon as possible. 7.The new slide and Spray Park are in the engineering phase and will come before the Council for a future approval. The City will bid the two components separately as a turn key package. nd 8.The round-a-bout on South 2 West will be under construction in the early summer. It will be advertised next week. th 9.ITD State/local agreement for a traffic signal at 12West and State Highway 33. The City will partially fund the signal portion of the project as previously agreed for $10,000. Additional work at the intersection will be partially funded by the City for $44,190. John offered a resolution to the Council for the work on this intersection for Council approval. Mayor Larsen asked John about the work that will be completed with this th resolution. John explained that 12 West will be widened with curb and gutter down to the bridge. Valley Wide is picking up the cost of the curb and gutter on th Hwy 33 and 12 West. The City’s cost will be for some storm drainage and minimal pavement widening. The City’s street budget will pay for this expense. The State has finished the preliminary work including right-of-way and they are ready to bid the project. th Council Member Erickson asked about the work that is needed on 12 West including the narrow culverts. John mentioned that the culvert elevations are not the same. Council Member Erickson was concerned with the narrow road where the culverts are located. John explained that when the City annexes one side of a street; then the entire street comes into the City. This project will end at the north th side of the Widdison Addition on 12 West. Mayor Larsen asked the Council to adopt the cooperative agreement with the State of Idaho (ITD). Council Member Pugmire moved to adopt by Resolution cooperative agreement th ST7786 for the State project at 12 West and Hwy 33; Council Member Fullmer The motion carried. seconded the motion; all voted aye, none opposed. 10.Complete retro fit of the main booster pump and equipment (lift station) at Millhollow Mobile Home Park. The main booster pump has a bearing problem. This pump was installed after the Teton Dam Flood. John mentioned a seconded booster pump at the main booster station across from the lower central zone that lost a bearing which will be replaced at a minimal cost. 5 11.South Arterial alignment has been completed; the State Engineering Department is working on right-of-way for the project which should be ready for right-of-way acquisition after next week. The project should be ready to submit to the State by mid to late summer. 12.The Airport Road project is under way with DEPATCO to install a sewer line to serve their Airport Park Subdivision. The City is sharing in the project to allow sewer service to the entire Airport Road including the Airport and the Airport projects. 13.Lighting around Smith Park is waiting for project costs. Council Member Erickson asked about the sewer line by Ards property on Airport Road. John explained that this is a single road crossing for the sewer line on Airport Road which will keep the costs at a minimum. th Council Member Young asked about the work stoppage on the building on 7 South. This was done due to a lack of water flow for fire protection services. The contractor has corrected the problem by connecting to the correct water line as originally directed by the City. Council Member Young asked about the proposed st zoning changes on 1 North. Kurt Hibbert explained that the new proposed zone is a (NBD) Neighborhood Business District which follows the Comprehensive Plan that was approved through the public hearing process. The current zoning for the affected st blocks on 1 North is Low Density Residential One. These property owners that want to transition their property to a neighborhood friendly Commercial business will be able to transition. This will bring that whole area into compliance with the Comprehensive Plan. Council Member Young asked about rumors of businesses buying property on that street. Kurt explained that there have been inquiries for commercial business st opportunities on one property that was recently listed for sale on 1 North. These people are seeking a neighborhood business environment that is similar to what stnd businesses are on 1 North east of 2 East. Council Member Fullmer reviewed the locations of that the new zone would affect. Kurt explained the locations that would be affected. This would allow property owners to transition their property to the new zone or remain as they are with their st current use along 1 North. John Millar 14.asked the Council to surplus a 94’ S10 pickup, a construction roller, and two police cars. Council Member Fullmer moved approve the surplus of a 94’ S10 pickup, a construction roller, and two police cars; Council Member Pugmire seconded the motion; Discussion: Council Member Erickson asked if the S10 pickup was still running? John The motion carried. indicated that it is not running. All voted aye, none opposed. New Business: A.Introduction of BILL 935 – Non-traditional water customers John Millar explained the need to meter the water and to recover the costs of water that is used out of fire hydrants. He requested an Ordinance to enforce the existing Section I –VIII of BILL 935 policy for policing of the use of water out of fire hydrants. are detailed below: 6 SECTION I : In order to prevent possible contamination from back flow of the Rexburg City water system, any person or entity desiring to obtain water from a Rexburg City fire hydrant must comply with the following: 1.Obtain a written permit from Rexburg City Hall, 12 North Center, before attempting to take any water; and 2.Take water only from the one filling station (fire hydrant) designated by the City Water Department; and 3.Check out the back flow and metering device from the Water Department to be attached to the fire hydrant agreed upon between the City Water Department and the potential user; and SECTION II: A deposit for the actual cost of the back flow meter will be required upon issuing the permit to buy water out of the City fire hydrant. The minimum deposit fee shall be $1,100; and SECTION III: Any damage to or loss of the back flow meter by the permit requestor will cause the entire deposit to be paid to the City for the purpose of replacing the back flow meter or repairing the back flow meter to its original condition; and SECTION IV: The deposit will be refunded less $50.00 if the back flow meter is returned to the City Water Department without any damage to the fire hydrant or the back flow meter; and SECTION V: The City Water Department will perform a final inspection to determine the final charges for the permit; and SECTION VI: Based upon the number of gallons taken as shown on the back flow metering device, the person or entity obtaining the water shall pay to the City the fee established by the City for the quantity of water taken at the rate of $5.00 per 1,000 gallons with a minimum charge of $10.00; and SECTION VII: Any person or entity not complying with this Ordinance shall be assessed a penalty charge of $400.00, in addition to the normal charge for water taken. SECTION VIII: A backflow meter can be purchased by the requestor of the permit for the purpose of measuring the water at the City’s effective cost of the backflow meter; or the requestor can lease the backflow meter by paying a deposit of up to the cost of the backflow meter; and Council Member Pugmire moved to considered BILL 935 as first read; Council Member Benfield seconded the motion; all voted aye, none opposed. The motion carried. Introduction BILL 936 – Amend Ordinance 800 for waste water John Millar explained that EPA did not accept some of the values in a recently passed Ordinance. John requested to change back to original limits as noted in the Ordinance: Section 2.4 Local Limits, shall be deleted and replaced with the following: A@ The following pollutant limits are established to protect against the possible pass through of certain pollutants and operational interference of the treatment process. No person shall discharge wastewater containing in excess of the following daily maximum allowable discharge limits: Arsenic 0.477 mg/l. Cadmium 0.26 mg/l. Chromium 1.7100 mg/l. Copper 2.07 mg/l. Cyanide T 0.33 mg/l. Lead 0.32 mg/l. 7 Mercury 0.0041 mg/l. 3.98 mg/l. Nickel Oil & Grease 125 mg/l. (petroleum and vegetable based) Silver 0.35 mg/l. Zinc 1.69 mg/l. pH > 5.0 or < 9.0 The above limits apply at the point where the wastewater is discharged to the POTW (end of the pipe). All concentrations for metallic substances are for total metal unless A@ indicated otherwise. The Superintendent may impose mass limitations in addition to (or in place of) the concentration-based limitations above. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply. Council Member Fullmer asked if the City is lowering the limits. John agreed with Council Member Pugmire that it is a Federal compliance issue. John indicated that the limits go both ways. The highlighted limits are changing back to the previous limits. The others are more restrictive. Council Member Fullmer moved to consider BILL 936 as first read; Council Member Pugmire seconded the motion; Discussion: Council Member Young asked if there was any urgency to pass the BILL. John indicated that it could go the normal course. All The motion carried. voted aye, none opposed. B.Introduction BILL 937 –Percent for the Arts Council Member Pugmire explained that it is a draft BILL to provide for a percentage of City capital projects over $25,000 for the purchase or development (display & maintenance) of public art. Council Member Pugmire drafted this BILL from other cities. There are about 350 jurisdictions nation wide that provide for public art. It will take some revision and some designing by the Council. He referred to page two and page four for some of those revisions where Council Member Pugmire recommended including street and subsurface improvements. Capital projects that are not conducive to a public art project could have the funds set aside in an account for use in another public arts project. Council Member Pugmire recommended a level of 1.25% for public art of which .25% would be designated for administration and maintenance. The following paragraphs explain the uses and limitations of the proposed funds for the arts: C. A Public Arts Account shall be established, into which monies from this ordinance shall be deposited. Preference shall be given to arts projects which are a part of the capital project generating the funds, but in the event that such is not practicable the funds may be set aside for future public arts projects. Art shall be selected with the goal of 1. Integrating a wide range of public art into the community which reflects the diversity of artistic disciplines; 2. Developing a collection of public art which reflects the history and character of the community with an eye towards its future; 3. Educating about art and artists and encourages public dialog; 4. Providing opportunities for artists to advance their work, with a preference for local artists; 5. Enabling the preservation of cultural traditions. D. Money from the Public Arts Account may not be spent for: 1. Works of art which are not original; 2. Objects of standard design or mass production; 8 3. Directional elements (signs providing direction) unless executed by the artist; 4. Works created by an artist who is a member of the Arts Commission. Council Member Pugmire suggested that the Upper Valley Arts Council could act as a citizen’s advisory committee to make recommendations for the use of the funds to the Council. Mayor Larsen asked about works of art that are not originals and art items that are mass produced. The cost is in the casting of the art work. This BILL does not allow for the mass produced art work. He mentioned the East Main Street site that was planned for an art display. Richard Horner explained that the City has donated funds in an account for art work in the amount of $14,000 to $15,000. Council Member Pugmire indicated that other communities were encouraging art work by artists that was not mass produced like art work that is hanging in a hotel or a weekend sidewalk sale. Maybe the wording could be changed to allow some types of art that is mass produced. Council Member Pugmire indicated that it is a draft BILL and changes can be made by the third reading. st Council Member Pugmire moved for 1 reading of BILL 937; Council Member Erickson seconded the motion; Discussion: Council Member Young asked for a revenue estimate of the 1.25% in a year. Council Member Pugmire requested a two to three year history of capital projects over $25,000 excluding portions of LID’s that are paid by investments before a revenue estimate could be provided to the Council. All voted aye, The motion carried. none opposed. Council Member Pugmire asked the Council to approve an arts trip for himself to the Western State Arts Federation seminar (Creating Public Value through the Arts). WSAF is a group of arts organizations from around the western United States. WSAF will pay for the motel and meals. The City expense would include a plane ticket and a taxi cab fare. Council Member Pugmire serves as Chairman for the arts advocacy group called “Arts for Idaho.” Council Member Young moved to approve the necessary money to make the trip; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. C.Cost of Living & Insurance Coverage Application Richard Horner reviewed the need to start the budget formulation process. He reviewed the Consumer Price Index cost of living for the past year as three percent. Blue Cross Insurance went up 7.5 %. The employee committee recommended switching dental insurance to Blue Cross from Met Life due to slow payments, etc. Therefore, both Health and Dental insurance would be with Blue Cross. The co-pay orthodontics coverage would drop from $1,500 to $1,000. The employee committee recommended having the City pay $300 and the employee pay $200 of the difference in the premium. The number of employees using orthodontics times $300 is almost the same as the City’s savings on the new dental insurance. If approved, this plan would take effect May 01, 2005. There are fourteen orthodontics patients in the plan at this time. Council Member Pugmire asked about City costs for the plan change. Richard indicated that it would be within plus or minus $300 of being a wash. Richard said the orthodontics patients who have paid their deductibles would start over on their new deductible with the new plan. The plan’s fiscal year starts May 1. 9 Council Member Young inquired about the need to change dental plans within a year’s time. He was concerned with the dental offices that would need to change their records for billing dental claims. Richard explained that it is customary to shop the insurance plans and pick the best plan for the employees. Council Member Young moved to follow the recommendations of the employee committee to change dental plans including Richard’s recommendation to approve the cost of living increase of three percent; Council Member Benfield seconded the motion; Discussion: There was concern from employees that were out of town when the employee committee was seeking input. Richard explained that there is some urgency to st approve the change because of the time needed to make the insurance changes by the 1 of May. There was some discussion on the deductible and how it would be applied for the patients that are under the current plan. Mayor Larsen called for a vote. All voted The motion carried. aye, none opposed. D.Hidden Valley Phase 8 Preliminary Plat Winston Dyer of the Dyer Group explained the project on the overhead screen. It is the th last and final phase of the Hidden Valley Subdivision. It is the 8 Phase for Hidden Valley Subdivision. Winston discussed the transportation plan and the routing of the roads out of the south end of the subdivision. If the roads were to exit the subdivision going east, there would be extensive rock to go through and other engineering problems; therefore the roads were taken out to the south end of the subdivision. The necessary right-of-ways were agreed to by the land owners to the south of the subdivision. The plan is to build the infrastructure this summer and start selling lots. There is a high degree of interest in this area. The Council discussed the issues around the additional traffic from this subdivision exiting out onto the North Hill Road. There are plans to have alternative transportation routes to the east and south of the Hidden Valley Subdivision. Council Member Erickson mentioned that the Planning and Zoning Commission approved the Preliminary Plat as presented. Council Member Fullmer moved to approve the Hidden Valley Phase 8 Preliminary Plat as presented; Council Member Erickson seconded the motion; Discussion: Council Member Pugmire indicated that the City needs to deal with the road system to provide additional access to the Hidden Valley Subdivision sooner than later. Winston indicated that Richard Smith is planning to finish a development to the south of this project and th extend 7 South to the east for his subdivision. Kurt Hibbert referred the Council to Rexburg.org and review the City/County transportation plan concerning this issue. It is very well done and it is the number one priority for relieving traffic congestion in the City. The plan is for a new road in the next 5 years in this area. All voted aye, none The motion carried. opposed. Council Member Benfield asked about the Siepert Development on Millhollow Road. Winston explained some conceptual ideas about the Siepert’s plan to develop a subdivision along the west side of the Hidden Valley Subdivision including some green space along the steep area of the development. E.Budget Calendar Richard Horner reviewed the budget calendar for the coming months that is similar to the 2004 budget calendar. Mayor Larsen wanted the oversight teams to be involved in the respective department meetings. Richard needs to set a hearing date for the County for August 03, 2005. Richard passed out a revision of the Employee Handbook for the Council to review. 10 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. – NONE C.Third Reading : Those items which have been second read. rd BILL No. 934 (RIPE for 3 Reading)– Franchise Agreement Renewal 1. Intermountain Gas – Staff Mayor Larsen asked the Council to wait on the third reading of this BILL until John Millar can tour some road cut sites with Intermountain Gas and show them some road cuts and repairs that have not been done correctly. City Attorney Zollinger explained the issues of payment for damages when the applicant cuts a City street. There are road cut fees or maybe a lump sum bond that may work to protect the City. These issues will be explored for an appropriate resolution. D.Tabled Items : Those items which have been the subject of an affirmative vote to a motion to table: nd Land exchange 1.of alley off South 2 East (Walgreen’s) Resolution 2004-22 2.(Adoption of Vision 2020 Rexburg Comprehensive Plan Text – Tabled November 03, 2004) Old Business: A. Proposal for a new Museum for Rexburg – John Bagley City Attorney Zollinger met with County Commissioners, John Bagley and his attorney on the phone, and the Airport Board concerning the Museum lease agreement. The effort is to resolve the concerns that have been expressed and make everybody happy. The City’s Insurance Company (ICRIMP) is laboring under this proposal and how to provide insurance coverage for the building. They are seeking additional information. There is an option of seeking a local insurance carrier if ICRIMP can not resolve their concerns on how to classify the building. The plan is to have the lease completed by the next Council meeting. The agreement is to lease land to Bagley’s, and then lease back the structure to the City. John Bagley is continuing to seek planes to have available for the museum. City Attorney Zollinger indicated that without insurance for the building, there can not be a lease agreement. The planes can only be insured an hour after they are at rest (cool down period) to the minute they leave the museum. B. Animal Control Shelter Officers’ Colin Erickson and Steve Buzzell were asked to provide the Council with an update on the progress with the County. City Council Member Fullmer asked if the County had discussed the proposal. Commissioner Robison was present and explained that he is one of three that will make the decision on the participation level. The Commissioners are continuing the discussion at this time. 11 Richard Horner explained two basic options that are on the table with the County. 1.Percentage owner of the building; the City and County would each pay: a.(50% ownership) the operating cost would be $20,000 per year. b.building lease payment on the building would be $22,000 per year. 2.City build the building without County participation for $250,000 with the ability to add on later. a.This would cost the City about $30,000 per year for the lease. b.Operation costs would include volunteers and half of Officer Buzzel’s time. c.Charge a $45.00 fee for servicing animals coming from outside of the City. Richard Horner recommended the better plan would be to participate with the County for economies of scale. The larger facility would allow for twice the number of animals. Council Member Erickson asked Commissioner Robison what the County planned to do. Commissioner Robison explained that it does not make sense to have two facilities in a County the size of Madison County. He reviewed some operations in other localities and their associated costs. A fee per animal option was discussed. Council Member Young explored the idea of trading fees with the County. The County owns the Transfer Station and charges the City a fee to use that facility. The City could trade a portion of that fee for the Animal Shelter that would be owned by the City. The Council continued to explore the animal shelter ideas with Commissioner Robison. Council Member Erickson explained that it does not make sense for the City to do it alone without County participation. He asked Commissioner Robison to bring a decision back to the City from the County. Council Member Fullmer echoed the comments of Commissioner Erickson and asked the Council and the County to make a decision. Mayor Larsen asked the Council if they were willing to move forward without County participation. He discussed the option of having the Sheriff’s Office participate in the facility with Officer Buzzell. The animal shelter will be requested to be on the next st City/County joint meeting on the 21 of April. Officer Erickson expressed his concerns and asked that the City and County adopt some animal control laws. He requested the Council to proceed with the plans to build the animal control facility. th Officer Buzzell announced a fund raiser for the animal shelter on Friday, April 15 from 5-8:00 p.m. It will be a Spay-ghetti Dinner at the Veteran’s Hall; (Adults $6.50 and Children $4.00 for ages 5-12). The event is sponsored by 4 Paws Pet Adoptions and the Lions Club. He requested that the County adopt a holding fee of $10.00 per day so that they would be the same as the City fee. Parliamentary Procedures C. Council Member Pugmire provided the Council with some proposed rules of conduct for discussion. These rules will provide some structure, form and formality to do business for the City. They will be helpful if there is contention. This is a series of proposed rules that provide some structure to the Council meetings. 12 NOTE: The proposed rules have been added to the minutes for review: Draft Rev. 8 Preface Note Large, partisan, competitive decision-making bodies need layers of strict rules of procedure to keep civility in deliberation, to assure that minority views are heard and considered while minority participation is protected, and to arrive at decisions in a orderly and fair manner. Small, non-partisan, collegial decision-making bodies need rules of procedure to guide their deliberations, but do not require rules of the same complexity and volume to assure that the protections listed above are met. These rules are designed to provide order to our work without imposing too much stricture. Rule 1. Meetings All meetings shall be open to the public. Proper pubic notice of the meeting’s time, location, and agenda shall be made according to the provisions of Idaho Code xx-xxxx. Regular meetings shall be the first and third Wednesday of the month at 7:30 p.m. in Rexburg City Hall. The meeting schedule may be altered, and meetings may be added to the regular schedule by an action of the Council, and the Mayor may call a special meeting of the Council. Public notice of all such meetings must be made in accordance with Idaho Code xx-xxxx. The Mayor may call emergency meetings of the Council in the event of an unexpected circumstance that requires immediate attention of the Council. Only those items relative to the emergency and requiring immediate attention may be considered at an emergency meeting. If an emergency meeting is called, all reasonable efforts shall be made to notify the public. Rule 2. Agenda An item may be placed on the agenda only by the Mayor or a member of the City Council. To be included on the agenda, an item must be received by the City Clerk 2 working days in advance of the subject meeting. A consent calendar may be used for common and non-controversial items. An item on the agenda may be discussed without a preceding motion. Any citizen or group wishing to address the Council may be placed on the agenda by the Mayor or a Council Member. The Mayor may provide for a public comment period on any agenda. Note: Elected officials should control the content of their meetings. Rule 3. Presiding Officer The Mayor shall preside at all meetings of the City Council, and control the order of the agenda. In the absence of the Mayor, the Council President shall preside. The presiding officer has the power to: 1) control the floor and grant permission to speak, 2) rule motions in or out of order, 3) determine whether a speaker has gone beyond reasonable standards of courtesy, and rule a member out of order on this ground, 4) entertain and rule on questions of procedure, 5) call a brief recess at any time, 6) adjourn in the case of an emergency. Rule 4. Quorum A quorum of the actual membership, excluding vacancies, shall be necessary to conduct business and take official action. A majority of the actual membership physically present shall constitute a quorum. The Mayor shall not be counted in determining a quorum. A member who has been counted present and who withdraws from the meeting without being excused by a majority vote of the remaining members shall be counted as present for the purpose of determining a quorum. 13 Rule 5. Action by Motion A motion may be made by any Council Member. A motion does not require a second. A member may make only one motion at a time. Only one substantive motion may be considered at a time. A motion may be adopted only by majority vote of Council Members present. A roll call vote shall be taken upon the request of any member. The presiding officer shall state the motion, then open the floor for Council discussion and debate according to the following principals: a.A member must be recognized by the presiding officer in order to speak. b.The maker of the motion is entitled to speak first. c.A member who has not spoken on the issue shall be recognized prior to one who has previously spoken on the issue. d.To the extent possible, debate shall alternate between proponents and opponents of the issue. Note: Dropping the requirement for a second to a motion is based on the fact that each Council member represents nearly 17% of the body. If 17% of a legislature or the Congress supported a motion, it would be heard and considered. This rule assures that the Council will consider items of interest to each member. Rule 6. Procedural Motions A procedural motion takes precedence over a substantive motion, and may interrupt deliberations on substantive motion. A procedural motion is debatable and may be amended. In order of priority, allowable procedural motions are: Motion 1. To Appeal a Ruling of the Presiding Officer. A ruling of the presiding officer may be appealed. A motion to appeal the ruling of the presiding officer shall only be in order immediately following the ruling in question and prior to any further action. The member making this motion need not be recognized by the presiding officer, and, if timely made, can not be ruled out of order. Motion 2. To Adjourn. A member may move to adjourn prior to completion of the agenda, providing no other motion is pending and the motion to adjourn does not interrupt deliberations. Motion 3. To Recess. A member may move to take a brief recess, providing it follows consideration of a substantive action and does not interrupt deliberations. If passed, the presiding officer shall establish the duration of the recess. Motion 4. To Suspend the Rules. A member may move to suspend the rules. The motion must state the rule(s) being suspended. Rules imposed by state of federal law may not be suspended. Motion 5. To Enter Into Closed Session. A member may move to close deliberations to the public. The motion must state the name or citation of the law allowing the subject of the discussion to be considered confidential. (Idaho Code xx-xxxx.) The reason for the closed session must be stated in the motion. Reasons allowable by law are: 1) personnel matters where the discussion would disclose confidential information about an individual, 2) to receive advice of legal council on a pending law suit, and 3) to discuss a pending or potential purchase of real estate. Substantive motions are not in order in closed session. Motion 6. To Leave Closed Session. The Council must leave closed session and return to open session prior to adjournment. This must be done by motion and voted upon. 14 Motion 7. To Divide the Question. A member may move to divide a question under deliberation. The division must be stated in the motion. Motion 8. To Defer Consideration. A member may move to defer consideration of a substantive motion or other matter before the Council. The motion to defer may state a time certain. If it is not revived prior to achieving the stated time, the substantive motion which has been deferred expires. If no time certain is stated in the motion to defer, and the issue is not revived, the deferred substantive motion expires in 100 days. If consideration of a motion has been deferred and the deferral remains pending, a new motion having substantially the same effect is not in order. Motion 9. To Revive. A member may move to revive consideration of a substantive motion which has been deferred regardless of whether that member made the motion to defer. A motion to revive shall not be in order in the same meeting in which a motion to defer has passed on the same question. Motion 10. To Call the Previous Question. A member may move to call for a vote on the previous question. A motion for the previous question is not in order until every member who wishes to speak has had the opportunity to speak at least once. Motion 11. To Refer to Committee. A member may move to refer a matter before the Council to a committee for study and review. Ninety days after a matter before the Council has been referred to a committee, the maker of the original substantive motion may move the original motion again regardless of action or lack thereof by the committee. Motion 12. To Amend. A member may move to amend a substantive motion before the Council. A motion to amend must be pertinent to the original motion. A motion to amend is out of order if the effect of the amendment is the same as rejecting the original motion. A motion may be amended, and that amendment may be amended, but no further amendments may be made until the last-offered amendment is decided on by vote. An amendment shall be reduced to writing before the vote on the amendment. Motion 13. To Substitute. A member may move to substitute completely different wording for a motion currently under deliberation. Motion 14. To Reconsider. A member on the prevailing side of a vote may move to reconsider the outcome of that vote. The motion to reconsider is only in order at the meeting at which the original vote was taken. The motion can not interrupt deliberations on a pending matter, but is in order at any time prior to final adjournment of the meeting. Motion 15. To Repeal. A member may move to rescind or repeal any earlier action of the Council. The motion is not in order if rescission or repeal would violate by state or federal law. Motion 16. To Prevent Reintroduction. A member may move to prevent reintroduction of a matter before the Council for up to six months. This motion shall be in order immediately following defeat of a substantive motion and at no other time. 15 Rule 7. Withdrawal of a Motion A motion, either substantive or procedural, may be withdrawn by the maker of the motion at any time before it is amended or the presiding officer puts it to a vote. Rule 8. Renewal of a Motion A substantive motion that is defeated may be reintroduced at a later meeting unless a motion to prevent reconsideration has been adopted. Rule 9. Mayor Vote The Mayor shall vote in the case of a tie. The Council President may vote while acting as presiding officer regardless of whether a tie exists. Rule 10. Physical Presence A member must be physically present to vote. Proxy voting is not allowed. Rule 11. Duty to Vote A member may not abstain from voting unless a conflict of interest is declared, and the nature of the conflict is described in open session. A member declaring a conflict of interest for the purpose of abstaining from a vote may be compelled to vote by a majority vote of the remaining members. Rule 12. Three Readings Required Three readings of a proposed ordinance or amendment to an existing ordinance shall be required before a motion to adopt is in order. None of the readings may be in the same meeting. Rule 13. Veto The Mayor may veto an action of the Council. A veto must take place prior to the next regularly scheduled meeting of the Council, and shall be accompanied by a written statement explaining the reason for the veto. A veto may be over-ridden by a vote of 5 members of the Council, which vote shall take place at the next Council meeting. Rule 14. Public Hearings Public hearings shall be conducted when required by the Idaho Code, and according to the provisions contained therein. Rule 15. Minutes Full and accurate minutes shall be kept of all Council proceedings, including closed sessions. Minutes shall generally and accurately reflect the content of deliberations and actions taken. Minutes of closed sessions shall reflect the content of the discussion in such a way that a member may review and generally understand what transpired. Minutes of a closed session shall not disclose confidential and personal information. Minutes of closed session shall not be available for public review for the time during which their disclosure would frustrate the purpose of the closed session. Minutes of a closed session may be sealed. If minutes of a closed session are sealed, reasons for their sealing must be included in open session minutes, and the conditions of their unsealing must be provided for at the time of the sealing. Note: Minutes in closed sessions are problematic; we need to make sure we’ve thought this through carefully and are comfortable with this rule. Rule 16. Motions Recorded Verbatim Motions shall be recorded verbatim in the minutes. Rule 17. Boards and Committees The Council may establish citizen boards and committees to assist and advise it in its work. Bylaws, organization, membership, scope and jurisdiction, and procedural rules of such committees shall be established by the Council. 16 Rule 18. Rules May be Amended The Council may amend its rules according to the procedures described herein. Rule 19. Unresolved Questions Questions not resolved by rules established by the Council shall be settled by the current edition of Roberts Rules of Order, so long as it does not conflict with Idaho law. Code of Conduct The Mayor and Council of Rexburg seek to discharge their duties; both as a body and as individuals, in such a manner as will engender the greatest amount of public trust. Idaho Code Personnel Manual Disclosure of business interests Disclosure of land holdings in city limits and area of impact. Disclosure of 3-4 of family members to the first degree of consanguinity. Council Member Erickson commented that they are very good and should be available for review by the Council. Council Member Pugmire proposed to adopt these rules by resolution. He will make recommended changes and bring the document back to the Council for a second review. The Council discussed the need for rules of conduct. Council Member Young asked if these rules are contained in the State Statutes. Mayor’s Report: Mayor Larsen reviewed the calendar of events that are noted on page five of these minutes. Council Member Benfield commented on the Regional Transportation Meeting where there will be discussions on a Regional Transportation Plan. A person could travel from one community to another community by a connected transportation service. Adjournment ____________________________________ Shawn Larsen, Mayor Attest: ___________________________________ Blair D. Kay, City Clerk 17