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HomeMy WebLinkAbout2005.04.20 CITY COUNCIL MINUTES T ORM F EQUEST R RAVEL CCM ITY OUNCIL INUTES April 20, 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: Council Member Young and Council Member Pugmire were excused. 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 April 06, 2005 meeting B. Approve the City of Rexburg Bills Council Member Benfield moved to approve the Consent Calendar; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) Presentations: Leslie Taylor presented a Community Recognition Award plaque to Mayor Larsen and the City for the National Kidney Foundation. The City was the site of a fund raising event which included some races. Mayor Larsen thanked Leslie for the Award. Committee Liaison Reports: Council Member Young A. : Downtown Vision · Rexburg Arts Council · Historical Preservation Council Member Benfield B. : Beautification · Traffic & Safety: She mentioned the poor visibility when exiting the alley by City Hall. John Millar is working on 1 installing parking signs which would restrict the parking time by City Hall or paint the curbing to limit Parking for 30 minutes in front of City Hall. BYU-I is adding two hundred and fifty parking spaces around the University this coming year. Smith Park is experiencing motorized vehicles under 50cc that are using the walking path. City Attorney Zollinger recommended signage to control the motorized use of City pathways. Council Member Benfield reviewed the upcoming Association of Idaho Cities Conference in June in Idaho Falls. The spouses of attendees at the Conference will be invited to go on a couple of tours. One possible tour could come to Rexburg and visit several sites in the City. Council Member Erickson C. : Airport Board · Planning & Zoning He mentioned that the Hidden Valley Final Plat for Phase Eight was approved at the last Planning and Zoning meeting. Kurt Hibbert reviewed the new Commercial Zones that are in the recently adopted Planning and Zoning Code Ordinance. The Walgreens development in on track for review at the next Council meeting. The newly appointed Design Review Board from the Planning Commission met to review the site plan for the Walgreen’s development. They worked out site plan issues that were a concern. The Design Review Board presented their recommendations to the Planning and Zoning Commission for approval. D. Council Member Pugmire: Golf Board E. Council Member Fullmer: Emergency Services Board F.Council Member Anderson: Museum · Tabernacle · Parks & Recreation: She mentioned that the stage remodel at the Tabernacle is proceeding as planned after th the 25 of April. The High School Construction Class will do the work. The th kickoff for the Spray Park at Porter Park will be held on April 30, 2005. Council Member Anderson commented on the new bike and walking path that goes through the LP property. It has not been advertised enough because some neighbors did not know the pathway was available for people to use. Mayor Larsen G. : Trails of Madison County Committee: He mentioned that they are waiting to find out if they received a matching grant for the proposed trail (on the east side of the rail road tracks) going up to the Horkleys Self-Serve store that nd will connect to the planned sugar city path to Rexburg. They are planning the 2 th Annual “Great Spud Race” in June. Rexburg Pride Days will begin on April 30 at 8:30 a.m. at City Hall. The City will be given an award for being recognized for achieving a “Tree City USA” award. Volunteers will break off from City Hall and do several service projects in the City parks. Mayor Larsen mentioned that “we need to get the word out for April 30, 2005 events”. BYU-I and the Trails of Madison County Committee are working together to provide two restroom facilities for Eagle Park. Report on Projects: John Millar mentioned a recent water rights decision contained in a sixty five page report that excluded the City of Rexburg from any curtailments. The South Arterial road project is ready for right-of-way acquisition. The Wastewater Treatment Plant equipment bid did not receive any bidders; therefore, John will negotiate with a supplier. It is a twelve week delivery for the equipment. He asked Council to approve the process of seeking a supplier for the equipment because there were not any bidders. Council Member Erickson asked if the money has been set aside for the equipment. John indicated that is was a funded project in the budget. This equipment will help the odder problem at the Waste Water Treatment Plant. 2 Council Member Benfield moved to approve request to have John seek a supplier; Council Member Fullmer seconded the motion; all voted aye, none opposed. The motion carried. th John Millar mentioned that the water and sewer project on South 12 West will be bid in two weeks. He is working on getting some lighting for the Smith Park pathway. These lights cost about $1,750 each for an estimated material cost of $24,500. Labor and wiring will be an extra $10,500 for a total cost of around $35,000. New Business: Michael Shaw presented four hundred copies of a report to the City on a recent Community Review of Rexburg by professionals that came to Rexburg last fall. The Community Review was done on September 08, 2004. The report was funded by the Association of Idaho Cities. Many dignitaries from outside the City teamed up with City Residents to tour the City and review both the positive and negative aspects of the Community. Michael mentioned that the Community and Economic Development programs in the City have been highlighted in the report. The land use planning in the Community was recognized in the Report. Michael commented on several land use planning issues like the bike path, community gateways, annexation, communication with sister government agencies including the local School District and the County. He recognized the “Tom Hudson Report” that mirrors this report. He referred to page eighteen of the report which talks about College Avenue being a connector between the Downtown area and the University. Michael reviewed the need for a transportation plan to allow the traffic to bypass the City.The report recommended creating more pedestrian type paths for moving people inside the City. He referred to page twenty-seven of the report which talks about the gateways to the City and signage for the City. Michael referred to the Tabernacle as a site for historical significance in the City of Rexburg. Michael mentioned that the report covers parking, housing, walking transportation, and other items. The report recommended reclaiming Main Street as a pedestrian friendly area. He referred to the need to connect the University and the City with shared commerce. Downtown housing was a recommended feature that should be introduced to Rexburg. The report calls for a better connection with the City and the University. Rexburg is posed for growth with a good infrastructure that has capacity for growth. Crime is low in Rexburg and there are high quality schools and health care in Rexburg. They would like to see better communication with the University, Schools, and the County. Rexburg is a gateway Community for the Regional area. There are eight hundred fifty seniors over 50 years of age that live in Rexburg. They are worth their weight in gold to the Community. The report on the Community Review will be available at the Library, County Clerks Office, School District Office, and at City Hall. Michael mentioned that youth are highlighted in the report. School facilities are in the planning stage for long term growth. The Faith Community needs an interfaith group organized in the Community. The Community does have a good Women’s Crisis Center and a Rehabilitation Center. Water quality is high for the Community. 3 Michael made note of churches, the education system, and banking facilities in the Community. He indicated that the survey mentioned some positive and some negative issues in the City that need some attention. Council Member Erickson indicated that it was a very good report and thanked Michael for bringing the review team to Rexburg. Mayor Larsen commented on the learning process for the participants to understand each player in the process and meshing these different players in the Community; it is always a challenge. He asked Michael how they get the different player on the same page in the review process. Michael gave an example where the significant decision makers in the Community met for a day and a half to identify the goals and objectives for the Community. Council Member Benfield was appreciative of the key strategies that are listed in the document. Mayor Larsen welcomed the Scouts to the meeting. There were students attending the meeting for the current events class. Hidden Valley Phase 8 Preliminary Plat Winston Dyer of the Dyer Group presented the proposed plat on the overhead screen. It was approved by the Planning and Zoning Commission. Council Member Erickson indicated that all of the concerns with the roadways have been explained satisfactorily. Council Member Fullmer moved to approve the Hidden Valley Phase Eight Preliminary Plat; Council Member Erickson seconded the motion; all voted aye, none The motion carried. opposed. Amend the Development Code Ordinance Kurt Hibbert asked the Council to hold a Public Hearing May 05, 2005 at the Planning and Zoning Commission to make some changes to the new Ordinance 926. NOTICE OF PUBLIC HEARING TO AMEND THE PLANNING AND ZONING ORDINANCE No. 926 TITLED: DEVELOPMENT CODE ORDINANCE 926 FOR THE CITY OF REXBURG NOTICE IS HEREBY GIVEN that a Public Hearing will be held May 05, 2005, at 7:05 p.m. before the Rexburg Planning and Zoning Commission of the City of Rexburg, Madison County, Idaho, to amend the current DEVELOPMENT CODE ORDINANCE 926. It is proposed to review the current DEVELOPMENT CODE ORDINANCE 926 and make amendments to the Plan as needed to standardize terms, land use codes, general house keeping items, and qualifications to serve on the Planning and Zoning Commission. Additions or modifications to the New DEVELOPMENT CODE ORDINANCE 926 include: 1.Add chapter eight (8) for Area of City Impact. 2.Revise Section 3.17 – (CBC) Community Business Center to include all definitions and rights, associated with the former (HBD) Highway Business District Zone. 4 3.Transition the old (HBD) Highway Business District Zone on the Rexburg Zoning Map to be reflected as the new (CBC) Community Business Center Zone. 4.Revise the text in the (CBC) Community Business Center Zone to include the definitions and rights associated with the former (HBD) Highway Business District Zone. 5.Change the Rexburg Zoning Map to include the new (CBC) Community Business Center Zone in place of the old (HBD) Highway Business District Zone. 6.Amend the DEVELOPMENT CODE ORDINANCE 926 Section 6.5 to allow a Planning and Zoning Commissioner to serve on the Planning and Zoning Commission after two years residency in the CITY OF REXBURG rather that the current requirement of five years. 7.Provide for Administrative Authority for a Code Enforcement Officer. 8.Amend the Minimum Lot Size and Uses within the (NBD) Neighborhood Business District Zone. 9.Amend certain requirements relating to particular uses and associated parking within the new (CBC) Community Business Center Zone. At such Public Hearing the Rexburg Planning and Zoning Commission will hear all persons and all objections and recommendations relative to the DEVELOPMENT CODE ORDINANCE 926 that will be proposed. This notice is given to the provisions of Section 67-6508, Idaho Code and all amended thereof. The City Council encourages all City residents to participate in the process to amend the DEVELOPMENT CODE ORDINANCE 926. Citizen’s comments may be submitted to the City Clerk in writing or by email during the fact finding period. All interested persons are invited to offer their views on the DEVELOPMENT CODE ORDINANCE 926 for the City of Rexburg in writing to the Community Development Office at 19 East Main Street in Rexburg. The Council was agreeable to have the Public Hearing for the house keeping changes recommended to clarify the new Ordinance. Discuss Annexation Policy (map) Kurt Hibbert reviewed the proposed properties that could be included in an Annexation Plan map on the overhead screen. He will present the map in the future to the Council for their review and approval. The Council discussed the different locations on the map that may be included for planning purposes. Mayor Larsen indicated that he wanted to have adequate public input and public notification before including their locations on a proposed Annexation Plan map. It would call for communication with them before the map is presented to the City Council. Council Member Erickson asked Kurt how an area is determined to be a property that would be included in the annexation plan. Kurt reviewed the issues that may drive an annexation like the Transportation Plan, economic development requests, applications for annexation by anyone that is contiguous to the City and the planning needs of the City. Mayor Larsen referred to a recent annexation that was not requested. Kurt explained that the Annexation Plan would facilitate good planning for growth as the City receives new requests for annexation. The Mayor wants to be clear to the citizens on the reasons why they are being considered for annexation, especially if they are identified on the annexation plan. Neighborhood meetings need to be Public meeting per City Attorney Zollinger. Mayor Larsen indicated a need to plan and communicate very well on the City plans concerning annexations. 5 Mayor Larsen asked Kurt about the Impact Area. Kurt reviewed the Impact Area map on the overhead screen. He reviewed some of the area around the City that is proposed for inclusion into the Rexburg Impact Area. Planning and Zoning has discussed the need to increase the impact area as the City grows. Mayor Larsen indicated that the County has asked the City to provide a proposed Impact Area Plan for the City and present that plan to the County for approval. Kurt mentioned that there are three addressing grids in the County. Rexburg, Sugar City, and Madison County have separate addressing grids. This causes confusion for people that are new to the Community. Council Member Erickson reviewed an area north of Highway 20 that has been a point of concern for Sugar City. Chairman Winston Dyer reviewed the need to have a higher degree of control in the north interchange area. Requests that are coming to the City for this area have caused a need to have this area clarified. The Impact Area on the north interchange is partly in the Rexburg Impact Area and partly in the Sugar City Impact Area. The issue is to manage growth properly per Winston. City Attorney Zollinger mentioned that the County Commissioners would have the final say or veto power on any proposed Impact Area for Sugar City and Rexburg. Arbor Day Proclamation Mayor Larsen read the Proclamation for Arbor Day (Tree City USA). 2005 - ARBOR DAY PROCLAMATION WHEREAS, the City Council approved Ordinance Number 919 on May 5, 2004, which created the City Tree Ordinance and designated the Trails of Madison County Committee to act as the City’s Tree Commission; and WHEREAS, the Trails of Madison County Committee monitors trees that are publicly owned or maintained on public property, sponsors an annual community tree event, promotes public education related to forestry concerns, and seeks forestation of public property; and WHEREAS, the City of Rexburg will be recognized as a Tree City USA community, and Tree City USA communities show a level of dedication and care for urban forests, and value trees for their beauty, grace, color and comfort; and WHEREAS, trees in Rexburg help to clean the air, conserve soil and water, reduce heating and cooling costs by moderating temperatures, and make Rexburg a more pleasant place to live and work; and 2005 Arbor Day WHEREAS, in recognition of , the City of Rexburg, will sponsor Rexburg Pride Days, which will include a presentation of the Tree City USA Award, followed by a community service project including the planting of trees at 6 Eagle Park, which event will begin held at City Hall on Saturday, April 30, 2005, at 8:30 a.m. NOW, THEREFORE, I, Shawn D. Larsen, Mayor of the City of Rexburg, on behalf of the Rexburg City Council, and the entire community, do hereby support 2005 ARBOR DAY in conjunction with REXBURG PRIDE DAYS in the City of Rexburg, Idaho, and urge all Rexburg residents to participate in Rexburg Pride Days and their own tree planting and tree maintenance programs that will ensure a more beautiful community and to enjoy the practical blessings and pleasures trees provide. th Dated this 20 day of April, 2005 Approved: __________________________ Shawn D. Larsen, Mayor Attest: ______________________ Blair D. Kay, City Clerk Council Member Erickson moved to approve the 2005 Arbor Day Proclamation; Council Member Benfield seconded the motion; all voted aye, none opposed. The motion carried. 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. 1. BILL 935 – Non-traditional water customers John Millar explained that the City has had a policy for billing water that is used out of fire hydrants. This BILL will allow the City to formalize this process under an Ordinance. Council Member Erickson moved to approve the second reading of BILL 935; Council Member Anderson seconded the motion; all voted aye, none opposed. The motion carried. 2.BILL 936 – Amend Ordinance 800 for waste water John Millar explained that the EPA requirements for water particulates in City water are contained in this BILL. Council Member Erickson reviewed the changes due to EPA requirements. Council Member Benfield moved to approve the second reading of BILL 935; Council Member Anderson seconded the motion; all voted aye, none opposed. The motion carried. 7 3.BILL 937 –Percent for the Arts The Council reviewed the concept of seeking funding for the Arts. Council Member Fullmer moved to approve the second reading of BILL 937; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. Third Reading : Those items which have been second read. rd BILL No. 934 (RIPE for 3 Reading) – Franchise Agreement Renewal 1. Intermountain Gas – Tim Clark and Terry Burlile from Intermountain Gas were introduced by Mayor Larsen. Tim Clark Vice President of the Region apologized for past street cutting projects where the street repairs were poor. They have an eight point plan to rectify the problem. The three changes to the BILL are a change in the fee to repair the roads due to the eight point plan. The second change is from a twenty year Franchise Agreement to a one year Franchise Agreement which will allow for an eight point review plan. The third change was a three year warranty on workmanship verses a two year period. There subcontractors have been doing work that was sub standard and allowed for negative impact on the streets where the road cut permits were located. Council Member Erickson asked about the language in the original agreement. It is standard language with a one year warranty. City Attorney Zollinger mentioned that there was an extension of the current franchise contract which allowed the City to maintain the Franchise Fee that is currently in existence. If the City negotiated a totally new Franchise Agreement; the Franchise Fee amount would change one percent. Tim Clark will communicate with John Millar on a 30 day basis to correct the problems that the City has experienced with the road cut repairs in the past. Tim indicated that they are going to correct the problem. Mayor Larsen was appreciative of Intermountain Gas’s Management for taking action to correct this problem. Council Member Benfield moved to approve the one year Franchise Agreement with Intermountain Gas as written; Council Member Erickson seconded the motion; Mayor Larsen called for a role call vote: Those voting aye:Those voting nay: Donna Benfield None Rex Erickson Irma Anderson Paul Pugmire - excused G. Farrell Young - excused Nyle Fullmer - excused The motion passed. C.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) 8 Old Business: A.Proposal for a new Museum for Rexburg – John Bagley City Attorney Zollinger indicated that the City is waiting for an ICRIMP (City Insurance Carrier) for approval of the contract. The contract will not be passed on to Mr. Bagley without the insurance approval. The Council discussed the issue of the proposed museum location at the City/County Airport. The building codes do not allow hangar clustering for fire safety issues. Council Member Benfield moved to give authority to Mayor Larsen to sign the contract upon getting the required insurance approval and the location of the museum details; Council Member Anderson seconded the motion, all voted aye, none opposed. The motion carried. Richard Horner asked the Council to have the street projects exempt for the Arts Fees. The Fees will be charged out of water and sewer projects and other construction projects. City Attorney Zollinger indicated that the normal project would include water, sewer and streets components. Council Member Anderson indicated that the greatest piece of art in Rexburg is the Tabernacle. Mayor Larsen asked Richard to provide some numbers for analysis on the Arts Fees to determine which fund would be best to charge the Arts Fees against. The Council discussed the possible options to charge for the Arts Fees. Parliamentary Procedures – Paul Pugmire Mayor Larsen presented a modified copy of the proposed Council rules by incorporating the State Statute rules into the document that was introduced by Council Member Pugmire to the Council at the last meeting. City Attorney Zollinger reviewed the changes with the Council. Mayor’s Report: Adjournment ________________________________ Shawn Larsen, Mayor Attest: _______________________________ Blair D. Kay, City Clerk 9