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)
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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:
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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
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