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 )
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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
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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
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the 25 of April. The High School Construction Class will do the work. The
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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
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will connect to the planned sugar city path to Rexburg. They are planning the 2
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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:
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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)
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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
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