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HomeMy WebLinkAbout2005.07.20 CITY COUNCIL MINUTES T ORM F EQUEST R RAVEL CCM ITY OUNCIL INUTES July 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: Four Council Members were present. Council Member Fullmer conducted the meeting in the absence of Mayor Larsen. Mayor Larsen is attending training in Boise. Council President Pugmire and Council Member Benfield are out of town. A quorum of Council Members was present. Council Member Fullmer welcomed the Scouts to the meeting. 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 for July 06, 2005 meeting B. Approve the City of Rexburg Bills Council Member Anderson moved to approve the Consent Calendar; Council Member The motion carried. Erickson seconded the motion; all voted aye, none opposed. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) - None Presentations: A. Awards for Walking Works participants (top walkers) - Deferred Committee Liaison Reports: A. Council Member Young: Downtown Vision · Rexburg Arts Council · Historical Preservation – (No Report was given) B. Council Member Benfield: Beautification · Traffic & Safety – (No Report was given) 1 C. Council Member Erickson: Airport Board · Planning & Zoning – Council Member Erickson reviewed the Planning discussion and motion on the Conditional Use Permit for the expansion of the Hospital. In the Planning and Zoning motion to approve the CUP, there were conditions stipulated that were not in harmony with the agreements that were made to the home owners. City Attorney Zollinger mentioned that the residents were waiting for the findings of fact from the meeting concerning their options. They were concerned with the time that they could remain in their homes and they are being required to pay rent. One condition from the citizens group in the CUP is to have a berm fully landscaped before the Hospital starts construction. Council Member Erickson was concerned with the need to remove the homes to construct the berm before the Hospital expansion is started. City Attorney Zollinger explained that the citizens group wanted some assurance from the Hospital as to when the berm would be constructed and notification on the removal or destruction of the homes the Hospital purchased from the residents. Council Member Erickson mentioned that the issue is requiring the residents to move quicker than they were told in the property sale negotiations. City Attorney Zollinger indicated that the berm is part of the construction. You can not start the berm without starting construction on the Hospital project. It is somewhat of an oxy moron. The residents that sold homes to the Hospital do not own property which would preclude them from making an appeal on the CUP conditions. Planning Administrator Kurt Hibbert mentioned that the intent of the motion was to keep construction debris out of the adjoining neighborhood by using a berm and fence. A landscape architect would define the berm for both parties. Council Member Erickson reiterated the concerns of the residents that sold their homes to the Hospital. The citizens group has added conditions to the CUP that has caused heartburn for the sellers. City Attorney Zollinger and Planning Administrator Hibbert will reduce the motion to the “intent of the motion” for tomorrows planning meeting. Then the residents who sold their home will know if they have to seek an appeal of the CUP conditions. Council Member Young mentioned that the Hospital should comply with their agreements with the residents that sold their homes to the Hospital. Council Member Erickson indicated that they are following through on the agreements; however, it was a surprise to have to pay rent until they move out of their homes. D. Council Member Pugmire: Golf Board – (No Report was given) E. Council Member Fullmer: Emergency Services Board – (No Report was given) F. Council Member Anderson: Museum · Tabernacle · Parks & Recreation – (No Report was given) G. Mayor Larsen: Trails of Madison County · Mayor’s Youth Advisory Board – (No Report was given) Report on Projects: John Millar reviewed the following projects: 1.The b igger project are moving along very well: th a.The 12 West water and sewer project for John Deere and Rexburg Motor Sports is almost completed. b.The Bu siness Park expansion project is nearing completion with paving finishing tomorrow. th c.The Walker Subdivision project on 4 North will get paved in about two weeks. The bridge over the canal will be built at a later time when the need arises. d. The Animal Shelter will go to bid by the first week in August. th e. The Water Park has been bid due the 8 of August. The building for the Water Park is also getting bids. The Water Park should be under construction in the near future with completion expected to be done by the end of fall. John mentioned that the question has been asked: Should the building be open in the winter? Council Member Erickson indicated that he preferred a winter type restroom in Porter Park in case the City has winter sports. People will walk on the pathway during the winter months too. John indicated that it would cost an additional three to four thousand 2 dollars to winterize the new building. The Council discussed a waterless type restroom like they have in desert areas (Mesa Verde). John mentioned that there are two types of waterless restroom; however, they are very expensive. Council Member Anderson asked about wash basins and sanitizers for the restroom. She requested that Smith Park restrooms be done the same way. The Council was agreeable to construct a winterized restroom in Porter Park. th f. A Street light at 12 West should be built very soon. g. The round-about bids were opened and the low bidder was Depatco at $217,000. The bid was higher than expected; however the Contractor should finish within about four weeks. They have requested to totally close the intersection in order to get it done in three weeks. Businesses would not be shut out during construction of the round-about. Council Member Erickson asked about the City Parks being in disrepair. It is hot and they are watering at night but the night watering employee quit. Porter Park has been under construction. Also, John indicated that the hot weather has taken a toll on the grass in the Parks. He will check on the Southwest corner of Smith Park. h. Lights are on their way for Smith Park. They have been on order for over a month. New Business: A.Mayoral Proclamation 2005-02 “International Dance & Music Festival week” Council Member Fullmer read the proclamation: Mayoral Proclamation 2005-02 “International Dance & Music Festival Week” A Proclamation of the Mayor and approved by the City Council of Rexburg, Idaho, proclaiming August 02, to August 07, 2005 as INTERNATIONAL DANCE & MUSIC FESTIVAL WEEK for the City of Rexburg. WHEREAS, the City of Rexburg has been given the privilege of hosting several performances of the International Dance & Music Festival; and WHEREAS, it is a great honor to have the participants of this event share with us the talents and traditions of their communities and countries and show that our cultures are more similar than they are different; and WHEREAS, this is also a wonderful opportunity to help promote the benefits of performing arts and to bring together citizens from all walks of life, to share in the enrichment of our growing multi-cultural communities, it’s diversity, and to enjoy the universal language of music and dance; and WHEREAS, the City of Rexburg extends a warm welcome to the dance teams and express our appreciation to those involved in planning and promoting this event. We wish you all the best of luck for a successful tour. NOW THEREFORE, I, Shawn Larsen, Mayor of the City of Rexburg, do hereby proclaim August 02, to August 07, 2005 to be INTERNATIONAL DANCE & MUSIC FESTIVAL DAYS in Rexburg and encourage all citizens to attend one of the performances and help welcome the festival participants to our great city. APPROVED: ____________________________ Shawn Larsen, MAYOR 3 Council Member Young moved to support the Mayoral Proclamation for the “International Dance & Music Festival Week”; Council Member Erickson seconded the The motion carried. motion; all voted aye, none opposed. B.Trails of Madison County report: Joseph West reviewed the grant from the Idaho Parks and Recreation for the walking path from Rexburg to Sugar City. The engineering is almost complete. They are waiting for the money for the last two months. The grant for funding is waiting for final approval from the Federal Government. The new bike paths are stripped in the City. Joseph thanked the City for getting those new paths stripped. The Railroad agreement for the Sugar City walking path is about complete. There will be some railroad crossing closed. Joseph reviewed the need to have lighting for the path. It is a package deal. He reviewed a document with the Council that disclosed the proposed railroad crossing closers. The Council would have to work towards getting these sites (railroad crossings) closed. The Council continued to discuss the sites for the proposed railroad closures. Planning Administrator Hibbert mentioned that seven railroad crossings have been closed in the recent past. Some of the railroad crossing closures that have been completed are in Sugar City. Joseph requested more committee members for the Trails of Madison County Trails Committee. Council Member Erickson reviewed the recent fund raiser for the bike path system. He indicated that the “Great Spud Race” was the best and least published event that Rexburg has ever had in the City. Joseph committed to do a better promotional campaign next year. They missed J.D. Hancock as an organizer. He was called away on a church assignment. Joseph thanked the Council for their support for the event. Review draft copy of Employee manual: C. Financial Officer Horner reviewed the changes to the Employee Manual with the Council and provided them with an edited text. The changes have been recommended by the Council in the past. These changes will be on a future agenda to be approved by the Council. Preliminary Plat Master Plan for Valley View Subdivision D.– Bart Stevens Planning Administrator Hibbert mentioned that it passed the Planning and Zoning review as a preliminary plat. They made recommendations with two notes on road issues: 1.The street names need to be changed. 2.The storm water issues. The Plat has met the engineering standards review and the GIS requirements. The Plat should be able to go forward after Council approval. Council Member Erickson mentioned a concern on the lack of a City Park for the development. There is a plan to use four or five lots for storm water and a Park area at the western part of the project. One option is to purchase about five acres of ground for a pocket park at market value by the City. The second option is to take the value of the Park and invest the money in an existing City Park. 4 Council Member Erickson mentioned the Subdivision Ordinance says over 100 lots will require a 10% area for Parks. Planning Administrator Hibbert indicated that it is not optional for the developer; however, the City can use some discretion on where to apply the funds for the Park. Council Member Erickson mentioned some examples, which are the Evergreen Park and the Millhollow Park. Those developments provided ground for City Parks. He indicated that this subdivision should follow that same example and provide land for a Park. Planning Administrator Hibbert mentioned that impact fees did not exist for those Parks. This developer will be required to pay impact fees for Parks, Fire and Police. Council Member Erickson was opposed to paying market value for the four or five lots. Council Member Fullmer mentioned that the price may be negotiable. City Attorney Zollinger indicated that the Park should be identified on the plat to avoid putting water and sewer on that area. It would be raw acreage as opposed to developed acreage. Council Member Erickson wanted to put a Park in a specific area in the Plat. Council and Planning Administrator Hibbert The discussed approving only Phase One of the Preliminary Plat. City Attorney Zollinger indicated that any substantive change to the Preliminary Plat would have to be re-approved by the Planning Commission. He recommended approving the Preliminary Plat for Phase One only and indicate that the Park will not be located in Phase One of the Preliminary Plat. The developer would have to come back to the Council and indicate where the Park would be located in the remaining Phases of the Preliminary Plat to allow the Council to discuss the approval of the Preliminary Plat with a proposed City Park. Council Member Erickson did not agree with putting the Park at the bottom of the development where the storm water is located. Council Member Fullmer asked the Council to state a motion. City Attorney Zollinger offered the wording that may be used to include “approval for Phase One of Valley View Number Six (6)”. The Park would then be located somewhere in Phase Two through Seven. Council Member Fullmer referred to the “Findings of Facts” from the Planning Minutes: On June 13, 2005, Bart Stevens presented to the Rexburg Planning & Zoning Secretary a Request and Application for a Concept Plan for the Valley View Estates Master Plan. 1.On June 16, 2005, Bart Stevens presented to the Rexburg Planning & Zoning Commission the Request for approval of the Concept Plan for the Valley View Estates Master Plan. The Commissioners approved the Concept Plan for Valley View Estates Master Plan with the stipulation that the various things discussed be addressed in the preliminary plan that will subsequently be approved and that there be a discussion on including additional park-like settings. 2.On June 29, 2005 Bart Stevens submitted the Preliminary Plat for the Valley View Estates Master Plan. 3.On July 7, 2005, Bart Stevens presented to the Rexburg Planning & Zoning Commission the Request for approval of the Preliminary Plat for the Valley View 5 Estates Master Plan. Mr. Stevens reported that he had taken care of all of their concerns from the prior meeting. There were some things that still needed to be Joseph Laird resolved that he and John Millar were working on. approved the Preliminary Plat based upon the approval of the various City Departments and with the North right of way line of Sunrise Dr. curbing south it connects into the existing North right of way line of Sunrise Dr. through the Crest Haven Mike RicksJoseph Laird Subdivision. seconded the motion. amended his motion to indicate that there needs to be some discussion between the Planned Developer, City Staff and City Council as to the location of a park within this Mike Ricks subdivision if they deem such is needed. seconded the amended Motion carried motion. None opposed. . Council Member Erickson moved to approve the Preliminary Plat concerning Phase One on Valley View Estates No. 6; Council Member Anderson seconded the motion; The motion carried. all voted aye, none opposed. Well Head Protection with DEQ – John Millar Jack Rainey E.Introduced from DEQ to present an education program on the protection of City wells. He gave the Council a presentation on the overhead screen. There have been water assessments done on the City wells to document their possible contamination points. This Source Water Assessment report is available upon request. The potential risk assessments for the wells are covered in the report using the following items to evaluate the well. 1.Depth of well. 2.Potential contaminant sources at the location of the well 3.Type of soil (clay, etc.) the well is drilled. Jack Rainey reviewed the ways that the Community could be educated on the issue of well head protection. He mentioned sending information in the water bills, brochures, etc. Jack is willing to work in the Community to help educate the school children and the general public to the risks involved with well head protection. He mentioned the possibility of grants to help protect the City wells. Chuck Velman mentioned some other issues to the City wells by reviewing the path of the underground water that comes to the City wells. The water travels in a northwesterly direction from the farms on the Rexburg Bench. In a nationwide water quality contest by the American Water Works Association, Rexburg was in the top ten. Chuck wants to keep Rexburg’s water at the same quality level in the future by protecting the water source. Council Member Erickson asked about time and money to do the program. Jack Rainey indicated that it would cost a few hundred dollars. The Council was agreeable to help move forward on an education program. Chuck Velman discussed contaminates (chemicals) that could infiltrate the water system from the farming community. The history of the water system and water quality in Rexburg was discussed. Chuck indicated that the Federal Government is testing Rexburg’s and some other select Cities’ water to see if there are pheromones in the water. John Millar asked the Council to start the program by starting an education program that would cost a few hundred dollars. Council Member Erickson asked if there was any history to show if the water in Rexburg is losing water quality. Council Member Fullmer commended the employees of the water departments for there efforts to keep Rexburg’s water supply safe. 6 F.FAA Agreement John Millar passed out an FAA agreement concerning a Landing Assist System. It allows FAA facilities on the Airport that are maintained by FAA. It will allow landing lights on the airport. City Attorney Zollinger indicated that he had reviewed the contract and he recommended that the Council approve the agreement. Council Member Young moved to approve the FAA Agreement to allow the Landing Assist System as presented by John Millar; Council Member Erickson seconded the The motion carried. motion; all voted aye, none opposed. Public Hearing date and time at 8:00 p.m. on August 03, 2005 for: G.Set Tentative budget 1. approval for fiscal year 2006 Financial Officer Horner explained that the Council needs to approve a Public Hearing date for the proposed 2006 Budget and other proposed fee increases. He passed out a budget summary and he asked the Council to approve the tentative budget for fiscal year 2006. Council Member Fullmer reviewed the proposal to set the Public Hearing date. Council Member Anderson moved to approve the tentative budget and set the Public rd Hearing date for the budget for August 03, 2005; Council Member Erickson seconded the motion; Discussion: The budget will have three readings before approval. Council Member Young has some budget concerns that will be discussed at the Public Hearing. The motion carried. All voted aye, none opposed. Financial Officer Horner explained the proposed fee increases as follows: Water and Sewer Front Footage 2. fee: Increase from $12.00 to $15.00 per foot for new water connections Increase from $12.00 to $15.00 per foot for new sewer connections Discussion: Developer installed lines do not have front footage fees; however, city installed water and sewer lines do have a front footage fee. ewer usage fees: 3.S Sugar City and Teton City increase nine cents per thousand gallons from $1.24 to $1.33 per 1,000 gallons. Rexburg’s fee would remain the same at $2.03 per 1,000 gallons. The proposed residential base rate for Rexburg residents would change from $7.45 to $9.75. These proposed increases for sewer usage fees are necessary to cover fixed treatment costs. Water and Sewer new connection fees 4.: The proposed residential water connection fees in Rexburg would increase from $905.00 to $1,000. The proposed usage fee increase would change from $2.76 to $3.05 per 1,000 gallons. Sugar City’s and Teton City’s buy-in-fees would change from $3.49 to $3.79 per 1,000 gallons. The Council discussed the pending requests for fee increases concerning front footage fees, sewer usage fees, and water & sewer connection fees. 7 Financial Officer Horner reviewed the proposed fee increases in each category. As new growth comes to Rexburg, there are additional demands on the City to expand services. These services are expanded and paid with funds that have been held in reserve for expansion. The new hookup fees are there to cover the current cost of the facilities expansion. The fixed costs must be covered even if the usage is less. These fees will maintain the water and sewer funds that are used to pay for the expansion. Richard went over each fee proposal. Teton and Sugar City will have associated fee increases too. Sugar City kept their usage down from last year due to controlling their infiltration to their system, which caused the need for an increase in the rate to cover the fixed costs of the sewer treatment plant. Infiltration has been a problem for Sugar City; so they began billing on consumption. The Council discussed how the water enters the waste water system in Sugar City. Council Member Erickson offered a solution to the problem by setting a minimum amount for Sugar City’s waste water. City Attorney Zollinger indicated that Sugar City has to be billed the same usage amount as Rexburg. Financial Officer Horner explained how the treatment costs are split by gallons of water instead of fixed costs being allocated. City Attorney Zollinger mentioned that Driggs has cut consumption by 33% after they started metering their water. John Millar reviewed how ground water can seep into the waste water system. Council Member Erickson moved to set the Public Hearing date for the proposed (front rd footage, sewer usage, & new connection) fees for August 03, 2005; Council Member The motion carried. Anderson seconded the motion; all voted aye, none opposed. The Council discussed the water bills for Rexburg Heights verses taxes in relation to the upcoming annexation hearing. Financial Officer Horner has set out comparative notice to the Rexburg Height residents to show how the costs of annexation affect them. He indicated that their costs would not change dramatically. A few residents would see a net decrease in their total cost and a few would see a small increase in their costs. The utility franchise fees would probably make the most difference in their total billings. Most of the residents would not see a substantial difference in the net change of their taxes increasing compared to their water bills decreasing. Public Hearings: NONE Calendared Bills and Tabled Items : A.First Reading : Those items which are being introduced for first reading. BILL 942 Sale of Beer/Wine 1.hours and holiday restrictions (Align the City Codes with the State Codes - State Statute 23-1012) City Attorney Zollinger reviewed the proposed BILL with the Council. The changes in the BILL address the inconsistency with State Code. The historical enforcement practices of the sale of beer and wine in Rexburg was not in conformance with the City Ordinances. The current City Ordinances allow for the sale of beer and wine after 10:00 a.m. in the morning instead of 6:00 a.m. The City Ordinances were controlling the sale of beer and wine as though they were hard liquor. This BILL will change the current City Ordinance to come into line with State Statute for the sale of beer and wine. Discussion: The Council discussed the changes to the current Ordinances. The proposed changes involve allowing for the sale of beer and wine on holidays; excluding Sundays and election days. City Attorney Zollinger explained that this BILL would replace City Ordinance 535 and Ordinance 636. He recommended having a first reading of the proposed BILL. 8 Council Member Erickson moved to first read BILL 942 as written; Council Member The motion carried. Anderson seconded the motion; all voted aye, none opposed. B.Second Reading : Those items which have been first read. - NONE C.Third Reading : Those items which have been second read. - NONE D.Tabled Items : Those items which have been the subject of an affirmative vote to a motion to table: Resolution 2004-22 1.(Adoption of Vision 2020 Rexburg Comprehensive Plan Text – Tabled November 03, 2004) 2.Mayor’s Report: A.Northwest Community Development Institute certification program & calendar This item was deferred for the next meeting. Calendar: Council Member Fullmer reviewed the Calendar: July 28: 3:00 p.m. City Employee Service Project 5:30 p.m. Games & Activities 6:30 p.m. Dinner Aug. 3: 6:00 p.m. Joint City/County Meeting (Courthouse) Aug. 3: 7:30 p.m. City Council Meeting Aug. 5: 5:30 p.m. Mayor’s Reception Aug. 10: 6:00 p.m. Millhollow Neighborhood Meeting (Lincoln School) Aug. 11: 7:00 p.m. Legislative Tax Committee Meeting Aug. 17: 7:30 p.m. City Council Meeting Aug. 18: 6:00 p.m. Joint City/Council Meeting (Courthouse) Aug. 20: Rush Triathlon Aug. 23: Afternoon America’s Promise Celebration (Porter Park) B. Confirm New Members to Planning and Zoning: 1. Charles Andersen 2. William Bill Johnson Council Member Fullmer asked the Council for a confirmation vote on the two nominees to the Planning and Zoning Commission. Council Member Young moved to confirm Charles Andersen and William Bill Johnson to the Planning and Zoning Commission; Council Member Anderson seconded the The motion carried. motion; all voted aye, none opposed. Council Member Young thanked the City Police and Emergency Services for helping th with street closures and crowd control on July 30 for the ground breaking event for the new LDS Temple. The services will begin at 10:30 a.m. Adjournment ____________________________________ Shawn Larsen, Mayor ___________________________________ Blair D. Kay, City Clerk 9