HomeMy WebLinkAbout2005.11.09 CITY COUNCIL MINUTES
T ORM F EQUEST R RAVEL
CCM
ITY OUNCIL INUTES
November 09, 2005
5:00 P.M. City Council
Mayor & Council Members: City Staff :
Shawn Larsen — Mayor Val Christensen – Building Official
Vacancy Donna Benfield Kurt Hibbert — Planning & Zoning Dir
Farrell Young Nyle Fullmer Richard Horner — Finance Officer
Rex Erickson Irma Anderson Blair Kay — City Clerk
John Millar — Public Works Dir
Stephen Zollinger — City Attorney
Pledge to the Flag
Mayor Larsen welcomed government students from Madison High School. Their teachers are
Mr. Bill Schiess and Mrs. Wolf.
Roll Call of Council Members: City Clerk Blair Kay announced that all Council members were
present.
Consent Calendar: The consent calendar includes items which require formal
City Council action, however they are typically routine or not of great controversy.
Individual Council members may ask that any specific item be removed from
the consent calendar for discussion in greater detail. Explanatory information is
included in the City Council’s agenda packet regarding these items.
A. Minutes from the October 26, 2005 – These minutes are deferred to the next meeting.
B. Approve the City of Rexburg Bills
Council Member Fullmer moved to approve the bills. Council member Andersen seconded the
motion; all voted aye, none opposed. The motion carried.
Public Comment: on issues not scheduled on the agenda (limit 3 minutes)
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Shelley Johnson, who lives at 256 West 4 South, was concerned with the lack of lighting at the
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Roundabout on 4 South and 2 West. Students with black coats can not be seen by the drivers.
Mayor Larsen indicated that the lights have been ordered. There will be four lights installed.
Mrs. Johnson seemed satisfied.
Presentations:
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A.Bruce Kush, who lives at 256 East 5 South, presented a request on behalf of the United Way
of the Upper Snake River Valley. He invited the employees of the City to participate in the
program. Secondly, he asked to include the brochure in the City utility billing.
Mayor Larsen is working with Financial Officer Horner to have the insert given to the City
vendor that does the utility billing.
Council Member Anderson asked to allow others to use the service if allowed for one.
Mayor Larsen asked the City Council to provide their input.
Council Member Young and Council Member Benfield requested that nonprofit vendors
be allowed to use the service if the postage is covered by the agency.
Council member Erickson asked for the cost to do the service for nonprofit organizations.
Mayor Larsen asked for City Council approval. They will wait for the City Council meeting on
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the 16 of November. He invited Bruce to come to the January meeting.
B. Proclamation 2005-05 “Home Town Heros” to Honor the
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Idaho National Guard’s 116 Infantry Brigade Combat Team
Mayor Larsen read the following proclamation:
Mayoral Proclamation 2005-05
Hometown Hero’s Month
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WHEREAS, the soldiers of Idaho National Guard’s 116 Infantry Brigade Combat Team are
arriving home from war in Iraq after an 18-month deployment, and as citizens we are
happy they are returning home to their families and their communities; and
WHEREAS, we know that they and their families have sacrificed; and
WHEREAS, we want to show patriotism and honor to those who have served, those who are
serving, and those who will serve; and
WHEREAS, we will be gathering with our loved ones to observe the Thanksgiving holiday and to
give thanks for our country, our freedoms, and for our soldiers, our veterans, and
their families; and
WHEREAS, since 1919, Veteran’s Day has been observed in November each year, a time for us
to recognize, remember, and honor all Veterans; and
WHEREAS, we will keep in our prayers those who are still serving here and around the world and
who cannot be with their loved ones at this time; and we will always remember those
who made the ultimate sacrifice, giving their lives for our country.
NOW, THEREFORE, WE do here by proclaim November 2005, as
Hometown Hero’s Month
and we urge all citizens to display the American flag and to show support for our soldiers and
veterans, and their families
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of our City to be
affixed this 8th day of November, in the year two thousand and five.
ATTEST:
_______________________________
Blair D. Kay, CITY CLERK
APPROVED:
____________________________________
Shawn Larsen, MAYOR
Council Member Young moved to approve and ratify Proclamation 2005-05; Council Member
Benfield seconded the motion; Discussion: Council Member Young asked where they
(Resolutions) go. Mayor Larsen clarified that they go into the newspaper, and are posted on the
website. All voted aye, none opposed. The motion carried.
Committee Liaison Reports:
A. Council Member Young: Downtown Vision · Rexburg Arts Council:
There is an Orchestra Concert tonight at the Tabernacle.
B.Council Member Benfield: Beautification · Traffic & Safety:
Council Member Benfield requested to use Craig Rindlisbacher from the GIS Department to
get a computerized rendition of the three interchanges coming off Hwy 20 into Rexburg. There
is a grant application due in January, 2006. The Upper Valley Realtors have committed a $1,000
towards the project. They wanted a report on the donation progress. Brickwork on the
Evergreen Kiwanis Park. Bike Path needs to be cleaned over to Pioneer Road. Decorative
Lighting Standards are being worked on by a Committee member.
C. Council Member Erickson: Airport Board · Planning & Zoning
The Airport Board did not meet. The Planning and Zoning Commission worked on the
Industrial Design Standards. The Harvest Height Subdivision No. Two was approved. They
plan to donate 1.9 acres of the Subdivision for a City Park. The Commission discussed the
proposed annexation of the Fugimoto property. They recommended annexing the Fugimoto
property.
D. Vacancy: Golf Board
E. Council Member Fullmer: Emergency Services Board
Nothing to report.
F. Council Member Anderson: Museum · Tabernacle · Parks & Recreation
There is a new Committee Chair person for the Tabernacle Committee.
G. Mayor Larsen: Trails of Madison County · Mayor’s Youth Advisory Board
The Trails Committee is looking for grants. The youth are showing cartoons for a $1.00 entry
Fee at the Westwood Theatre just before the lighting of the Christmas tree. This is on
November 25, 2005.
Council Member Anderson asked about the activities that are planned for the Westwood Theatre.
Gabe indicated that there are many events planned including showing some movies.
Report on Projects:
Public Works Director John Millar mentioned progress on the following projects.
1. Animal Shelter is under construction.
2. Waterline on North Hill Road is being installed.
3. Road repairs on Comanche are underway.
4. Fencing at Evergreen Park is being completed.
5. Lights in Smith Park are working along the pathway.
6. Curb, gutter & sidewalk at the Tabernacle is being completed.
7. There is a Street Light ordered for the South East intersection for Porter Park.
Public Hearings: - None
New Business:
A.Canvas the City Council Election
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Mayor Larsen asked the City Council to review the results of the election on the 8 of
November for three City Council seats. He read the following Resolution to the City Council
for approval.
RESOLUTION NO. 2005-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REXBURG,
IDAHO, CANVASSING AND DECLARING THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON
TUESDAY, NOVEMBER 8, 2005.
WHEREAS, all nominees for the offices of Councilperson for the City of Rexburg, Idaho,
have heretofore been nominated as provided by law, said nominees being as follows;
Nominees for Councilperson for a four-year term
(Three Vacancies)
_______________________________________
1) Irma Anderson
2) Marion "Kay" Bybee
3) Nyle C Fullmer
4) Christopher J. Mann
5) John B. Mordecai
6) Gary O. Rogers
7) Bart Stevens
8) Bruce Sutherland
9) Randall M Schwendiman
and a proclamation of said election having been duly made and entered by the City Council of said
city and having thereafter been published in the Rexburg Standard Journal, Rexburg, Idaho, as
provided by law; and
WHEREAS, the Clerk of said City has caused ballots containing the names of the candidates
for said office to be printed as required by law; and,
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WHEREAS, after the due and legal election held in said City on November 8, 2005, the
Judges of said election have made their returns thereof and this City Council has found that in all
manner said election was conducted according to law and has canvassed the same.
NOW, THEREFORE, BE IT RESOLVED BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF
REXBURG, IDAHO:
That the City Council of the City of Rexburg, Idaho, sitting as a canvassing board and
having before it the proceedings and returns from the General Municipal Election held in the City
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of Rexburg, Idaho, on Tuesday, November 8, 2005, does hereby canvas and certify the returns of
said election and the results of the voting as shown on Exhibit A.
That said election was duly held during the hours prescribed by law and at the polling places
designated.
That the number of ballots cast corresponds with the check list of the voters.
That Christopher J. Mann, candidate for the office of Councilperson, received 1,183 votes
and is hereby declared to be duly elected as a Councilperson for a four year term.
That Randall M Schwendiman, candidate for the office of Councilperson, received 1,008
votes and is hereby declared to be duly elected as a Councilperson for a four year term.
That Bart Stevens, candidate for the office of Councilperson, received 997 votes and is
hereby declared to be duly elected as a Councilperson for a four year term.
That the City Council of the City of Rexburg, Idaho, shall issue certificates of election to
Christopher J. Mann, Randall M Schwendiman, and Bart Stevens, for four-year terms as Council
people of the City of Rexburg, Idaho.
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PASSED by the Council on November 9, 2005.
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SIGNED by the Mayor on November 9, 2005.
_________________________________________
Shawn Larsen, Mayor
ATTEST:
___________________________________
Blair D. Kay, City Clerk
City Clerk Blair Kay explained the voting totals. The Levy failed for $950,000 to add additional
budget monies to the Street budget.
Mayor Larsen reviewed the City levy rate as being the lowest in the State for comparable cities.
The street’s needs will not go away. He expressed his gratitude for Council Member Fullmer and
Council Member Andersen’s service to the City. He looks forward to the new City Council in
January.
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Council Member Fullmer moved to ratify the count of the vote on the November 08, 2005 City
election; Council Member Erickson seconded the motion; all voted aye, none opposed.
The motion carried.
B.Resolution 2005-17 Rexburg Urban Renewal Agency – Determining a certain area within
the City to be a deteriorating area Per Idaho code 50-2018(h)
RESOLUTION NO. 2005-17
BY THE COUNCIL: ANDERSON, BENFIELD, ERICKSON
FULLMER, YOUNG
A RESOLUTION BY THE REXBURG CITY COUNCIL
DETERMINING A CERTAIN AREA WITHIN THE CITY TO
BE A DETERIORATED OR DETERIORATING AREA AS
DEFINED BY IDAHO CODE SECTIONS 50-2018(h) AND (i)
AND 50-2903(8)(b) DIRECTING THE URBAN RENEWAL
AGENCY OF REXBURG TO COMMENCE THE
PREPARATION OF AN URBAN RENEWAL PLAN, WHICH
PLAN MAY INCLUDE REVENUE ALLOCATION
PROVISIONS FOR ALL OR PART OF THE AREA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Council and Mayor of Rexburg respectively on or about November 6,
1991, adopted and approved a resolution creating the Rexburg Redevelopment Agency (the
“Agency”), authorizing it to transact business and exercise the powers granted by the Idaho Urban
Renewal Law of 1965, as amended, Chapter 20, Title 50, Idaho Code as amended (hereinafter the
“Law”), and the Local Economic Development Act, Chapter 29, Title 50, as amended (hereinafter
the “Act”) upon making the findings of necessity required for creating said Urban Renewal Agency;
WHEREAS, the City Council of the City of Rexburg, Idaho (the “City Council”), after
notice duly published, conducted a public hearing on the North Highway Urban Renewal Project
pursuant to the North Highway Urban Renewal Plan (the “North Highway Plan”) to redevelop a
portion of the City, pursuant to the Law and the Act;
WHEREAS, following said public hearing, the City Council adopted its Ordinance
No. 728 on December 27, 1991, approving the North Highway Urban Renewal Plan and making
certain findings;
WHEREAS, the City Council, after notice duly published, conducted a public hearing on the
North Highway Amended and Restated Urban Renewal Plan (the “North Highway Amended and
Restated Plan”);
WHEREAS, following said public hearing, the City Council adopted its Ordinance
No. 815 on December 30, 1998, approving the North Highway Amended and Restated Plan and
making certain findings;
WHEREAS, as a result of the activities within the North Highway Amended and Restated
Urban Renewal Plan Project Area (“North Highway Amended and Restated Project Area”), the
Agency identified a number of issues that are affecting certain geographical areas adjacent or in close
proximity to the North Highway Amended and Restated Project Area;
WHEREAS, in September, 2005, the Agency authorized a study or report to consider
incorporating certain property in proximity to the North Highway Amended and Restated Project
Area and to analyze and determine whether the area is eligible for urban renewal planning and
provide the full Agency Board with a report and recommendation as soon as reasonably possible;
WHEREAS, the Agency has obtained an eligibility report (the “Report”) which examines an
area in Rexburg adjacent to the North Highway Amended and Restated Project Area, referred to as
the South Addition to the North Highway Amended and Restated Project Area (“South Addition”)
for the purpose of determining whether such area is a deteriorating area or deteriorated area as
defined by Idaho Code, Sections 50-2018(h) and (i) and 50-2903(8)(b);
WHEREAS, pursuant to Idaho Code sections 50-2018(h) and (i) and 50-2903(8)(b), which
lists the definition of deteriorating and a deteriorated area, many of the conditions necessary to be
present in such an area are found in the South Addition, i.e.,
a. substantial number of deteriorated or deteriorating structures;
b. predominance of defective or inadequate street layout;
c. faulty lot layout in relation to size, adequacy, accessibility or usefulness;
d. unsanitary or unsafe conditions;
e. deterioration of site and other improvements;
f. diversity of ownership;
g. tax and special assessment delinquency;
h. defective and unusual conditions of title;
i. existence of conditions which endanger life or property by fire and other causes; and
j. any combination of such factors.
WHEREAS, the effects of the listed conditions result in economic underdevelopment of the
area, substantially impairs or arrests the sound growth of a municipality, retards the provision
of housing accommodations, constitutes an economic or social liability, and is a menace to the
public health, safety, morals or welfare in it present condition or use.
WHEREAS, the Report dated November 7, 2005, has been submitted to the Agency, a copy
of which is attached hereto as Exhibit A;
WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be
planned or initiated unless the local governing body has, by resolution, determined such area to be a
deteriorated area or deteriorating area, or combination thereof, and designated such area as
appropriate for an urban renewal project;
WHEREAS, Idaho Code Section 50-2906 also requires that in order to adopt an urban
renewal plan containing a revenue allocation financing provision, the local governing body must
make a finding or determination that the area included in such plan is a deteriorated area or
deteriorating area;
WHEREAS, the Agency, on November 08, 2005, adopted Resolution No. 2005-1 (a copy of
which is attached hereto as Exhibit B) accepting the Report and authorizing the Chairman of the
Agency to transmit the Report to the City Council requesting its consideration for designation of an
urban renewal area and requesting the City Council to direct the Agency to prepare an Urban
Renewal Plan for the area, which plan may include a revenue allocation provision as allowed by law;
WHEREAS, it is desirable and in the best public interest that the Agency prepare an
amendment to the North Highway Amended and Restated Plan for the area identified in the Report
located in the City of Rexburg, County of Madison, State of Idaho;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF REXBURG, IDAHO:
Section 1: That the City Council of Rexburg finds and declares:
(a) That the described area in the Report is a deteriorated or deteriorating area
existing in Rexburg as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended;
(b) That there is a need for the Agency, an urban renewal agency, to
function in accordance with the provisions of said Chapters 20 and 29, Title 50, Idaho Code, as
amended, within a designated area for the purpose of establishing an urban renewal plan; and
(c) That the area identified in the Report is determined to be a deteriorated or
deteriorating area, or a combination thereof, and such area is designated as appropriate for an urban
renewal project.
Section 2: That the Agency commence preparation of an amendment to the North
Highway Amended and Restated Plan for consideration by the Agency Board and, if acceptable,
final consideration by the City Council in compliance with Chapters 20 and 29, Title 50, Idaho Code,
as amended.
Section 3: That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED By the Council of the City of Rexburg, Idaho, this 9th day of November, 2005.
APPROVED By the Mayor of the City of Rexburg, Idaho, this 9th day of November, 2005.
APPROVED:
____________________________________
SHAWN LARSEN, MAYOR
ATTEST:
________________________________________
Blair D. Kay, CITY CLERK
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Jon Weber presented the proposal to the City Council to increase the Redevelopment Area on 2
East. The current area expires in 2022. The new map would expand to the east by the football field
and to the west behind K-Mart.
Council Member Erickson was concerned with the timing of the request. He wanted to exclude
the west area and include the area behind Wal-Mart. The Utah Power property was mentioned. It is
taxed under the State jurisdiction and then the monies are given back to the local localities.
Council Member Benfield asked about the timing for this Resolution. Jon said they were trying to
catch the growth that has occurred in 2005.
Mayor Larsen said this is step one in a chain of hearings on the request. The “Plan” would be the
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2step.
Council Member Young indicated that the City Council asked the Re-Development Committee to
proceed with the request. He is on the Committee as a liaison from the City Council.
Council Member Benfield asked about the timing. The current bond is paid off in 2008; however,
the “Plan” does not expire until 2022.
Mayor Larsen indicated that a Public Hearing is the next step. The school and the County are on
board with this proposal.
Mayor Larsen asked for a motion.
Council member Young moved to approve Resolution 2005-17 to allow the City to move forward
with this proposal; Council Member Fullmer seconded the motion; Discussion:
Those voting Aye: Those voting Nay:
Donna Benfield Rex Erikson
Farrell Young
Nyle Fullmer
Irma Anderson
The motion carried.
C.Calendared Bills and Tabled Items:
A.
First Reading: Those items which are being introduced for first reading. – NONE
B.
Second Reading: Those items which have been first read. – NONE
C.
Third Reading: Those items which have been second read.
1. BILL 939 Revisions No. 1 Development Code: Deferred to November 16, 2005
D.
Tabled Items: Those items which have been the subject of an affirmative vote to a motion
to table:
1.Resolution 2004-22 (Adoption of Vision 2020 Rexburg Comprehensive Plan Text –
Tabled November 03, 2004)
Executive Session: Per Idaho State Code 67-2345 (F)
Mayor Larsen asked for a motion to go into executive session:
Council Member Fullmer moved to go into executive session; Council Member Anderson
seconded the motion; Mayor Larsen called for a roll call vote:
Those voting Aye: Those voting Nay:
Donna Benfield None
Rex Erikson
Farrell Young
Nyle Fullmer
Irma Anderson
The motion carried.
Executive Session
Executive Session ended
Mayor’s Report: None
Adjournment
____________________________
Shawn Larsen, Mayor
_________________________
Blair D. Kay, City Clerk