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HomeMy WebLinkAbout2005.11.16 CITY COUNCIL MINUTES (2) ORM F EQUEST R RAVEL T CCM ITY OUNCIL INUTES November 16, 2005 7:30 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 the Scouts to the meeting. Roll Call of Council Members: 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. thth A. Minutes from the November 9 & 16, 2005 meetings B. Approve the City of Rexburg Bills Council Member Fullmer moved to approve the Consent Calendar; Council Member Anderson The motion carried. seconded the motion, all voted aye, none opposed. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) Susan Hammond reiterated her concerns about the need for a swimming pool instead of a splash park or a theatre. Mayor Larsen mentioned that the Parks and Recreation Committee is the recommending body for the splash park. It is a problem to find creative ways to fund a community swimming pool. Susan Hammond asked about a Recreation District. She mentioned that the farmers were concerned with the levy to finance a Recreational Center. She asked the Council to pursue a household levy only. Mayor Larsen mentioned that a Recreation District would have to be organized by the County. Susan Hammond asked how the Community could get the project rolling. Mayor Larsen offered two suggestions: 1.Parks & Recreation Committee 2.County Commissioners Susan Hammond offered an idea to have the City contract with Pinnacle Company to lease the existing pool for swimming lessons. Presentations: Committee Liaison Reports: Council Member Young A. : Downtown Vision · Rexburg Arts Council The Orchestra Concert was a huge success. There will be another one in March, 2006. Council Member Benfield B. : Beautification · Traffic & Safety No report 1 . Council Member Erickson C: Airport Board · Planning & Zoning No report D. Vacancy: Golf Board Council Member Fullmer E. : Emergency Services Board The ICE campaign is moving forward. Council Member Anderson F. : Museum · Tabernacle · Parks & Recreation They are thrilled with the Tabernacle upgrades. Parks and Recreation Committee did discuss the need for a City Pool. They did discuss a Recreation District. There are twelve Recreation Districts in the State of Idaho. Mayor Larsen G. : Trails of Madison County · Mayor’s Youth Advisory Board No report. Report on Projects: John Millar 1.The Animal Shelter is moving forward with construction. 2.The fence at Evergreen Kiwanis Park will be done in two to three weeks. 3.The Loader budget was for $180,000. He is looking for two units. One (Cat) is $139,000 and the second (John Deere) is $130,000. He asked the City Council for direction. Mayor Larsen asked the City Council for input. Council Member Fullmer asked the Council to allow the Public Works Director to make the decision based on his judgment. Public Hearings: 7:40 P.M. – Community Block Grant - The Development Company (Resolution 2005-16 to authorize application for the Block Grant) Dorothy Bowen from the Development Company explained the need to pass Resolution 2005-16 to process the Community Block Grant. The application to the State of Idaho for the Block Grant requires two other Resolutions that are in conjunction with Federal requirements. RESOLUTION: 2005-16 Authorizing Resolution "A Resolution to Submit an Application for an Idaho Community Development Block Grant to Assist in a Downtown Revitalization Project." WHEREAS, the Council of the City of Rexburg desires to remove a Slum and Blighted portion of a two block area of Main Street and the connecting alleyways in the City of Rexburg; and WHEREAS, the Council of the City of Rexburg and Madison County have agreed to establish a Memorandum of Agreement to define the project scope of work and the participation in the project by both entities; and WHEREAS, the Council of the City of Rexburg desires to submit an Idaho Community Development Block Grant application to the Idaho Department of Commerce and Labor for a Public Facility Grant to assist in the removal of said Slum and Blight; 2 NOW, THEREFORE, IT IS HEREBY RESOLVED THAT: The City Council of the City of Rexburg hereby authorizes the submission of the Idaho Community Development Block Grant application to the Idaho Department of Commerce and Labor for funds to assist in the Project. The Council authorizes Mayor Shawn Larsen, to sign and execute the application and any associated documents on behalf of the City of Rexburg. TH RESOLVED this 16day of November, 2005. Mayor and City Council City of Rexburg, Idaho Attest: ________________________ __________________________ Shawn Larsen, Mayor Blair Kay, City Clerk Council Member EricksonCouncil Member Fullmer moved to approve the Resolution; seconded; all . The motion carried. voted aye, none opposed It is a two block area in Rexburg (publicly owned stnd properties) north of Main, east of Center, south of 1 North, and west of 2 East. Mayor Larsen explained that the Community Block Grant program is funded through the Department of Commerce and Labor. Dorothy Bowen thought that this was the only redevelopment application in the State at this time. Mayor Larsen reviewed some of the history that preceded this Block Grant application. Dorothy Bowen indicated that Resolution 2005-18 & Resolution 2005-19 are needed to complete the application for the Community Block Grant. Resolution 2005-18 is required to designate a specific slum and blight condition in the area of the proposed Block Grant. Resolution to Establish a Redevelopment Area Resolution No. 2005-18 BE IT RESOLVED by the City Council of the City of Rexburg, Madison County, Idaho: WHEREAS, the City has reviewed the conditions and quality of the City and found a geographic area in which slum and blight conditions exist according to IDAPA 09, Title 02, Chapter 01, Section 020. The approximate boundaries of this geographic area are the publicly owned st properties in the area north of Main Street, east of Center Street, south of 1 North and west of nd 2 East, and are delineated on Attachment A affixed hereto, which is a map of the subject area defining the limits, boundaries and location of the slum and blight conditions of said district; and WHEREAS, the following is a description of the slum and blight conditions which exist in the delineated area: Two (2) buildings with a combined square footage of 14,060 Sanitary sewer lines with a total length of 1200 feet that have to be replaced Parking areas with a total square footage of 73,000 that need to be reconstructed Concrete sidewalk with an area of 2,750 square feet that needs to be replaced Concrete curb and gutter with a length of 1000 feet that needs to be replaced Alleyways that need reconstruction, 1700 feet in length Detailed documentation is contained in “Downtown Rexburg Revitalization Blueprint” study dated February, 2005 and prepared by The Hudson Company; and 3 WHEREAS, the City defines standard as structure or infrastructure that appears to be in good condition based upon exterior inspection; and defines substandard as structure or infrastructure that requires repair based on exterior inspection, or that violates related code or engineering specifications, or that is 40 years old and is by definition uneconomic; and WHEREAS, these conditions are risks to public safety, impediments to sound community growth and are considered economic liabilities to the community; and WHEREAS, the City of Rexburg desires to eliminate and prevent slum and blight conditions within the stated geographic area, the City will undertake various activities to eliminate these conditions. These activities will conform to the City’s comprehensive plan. WHEREAS, the planned activities include land acquisition, demolition, and/or clearance, the following provisions will govern them: 1.No specific site or property needs to be acquired, although the City may limit its search to a general geographical area. 2.Any property to be acquired is not part of an intended, planned or designated project area where all or substantially all of the property within the area is eventually to be acquired. 3.All acquisition activities shall be consistent with the City’s “Anti-Residential Displacement/Relocation Plan” adopted on November 9, 2005. 4.No households will be displaced from the designated area as a result of this revitalization plan. NOW THEREFORE, it is resolved by the Mayor and City Council of Rexburg, Idaho, that the City shall designate the above-stated geographic area as a redevelopment area and shall take action as necessary to remove and prevent slum and blight conditions. RESOLVED this 16th day of November 2005. City of Rexburg Attest: ____________________________ ____________________________ Shawn Larsen, Mayor Blair Kay, City Clerk Dorothy Bowen explained this resolution as listing the lineal feet in the planned redevelopment area. Mayor Larsen called for a motion. Council Member Fullmer Council Member Anderson moved to approve Resolution 2005-18; The motion carried. seconded the motion; all voted aye, none opposed. RESOLUTION: 2005-19 Resolution to Designate a Slum & Blighted Area "A Resolution to Designate a Slum & Blighted Area in a two block area of downtown Rexburg and undertake a Downtown Revitalization Project." WHEREAS, the Council of the City of Rexburg desires to make improvements to a severely Slum and Blighted portion of a two block area in the City of Rexburg, commonly know 4 stnd as the area north of Main Street, east of Center Street, south of 1 North and west of 2 East; and WHEREAS, the Council of the City of Rexburg recognizes the conditions of the “co-op” building as deteriorated, the poor condition of the asphalt coverings and the circulation of automobile traffic through the alleyways as hazardous to pedestrians and automobiles, the need for the replacement of deteriorated wastewater infrastructure in the alleyways of the project area and the need for the creation of safe, lighted and accessible parking for the downtown area; and WHEREAS, the Council of the City of Rexburg desires to remove said Slum and Blight; NOW, THEREFORE, IT IS HEREBY RESOLVED THAT: The City Council of the City of Rexburg hereby designates a two-block area of Main Street and the connecting alleyways in the City of Rexburg, commonly know as the area north of Main stnd Street, east of Center Street, south of 1 North and west of 2 East as a slum and blighted area. th RESOLVED this 16 day of November, 2005. Mayor and City Council City of Rexburg, Idaho Attest _________________________ _______________________ Mayor Shawn Larsen Blair Kay, City Clerk Council Member Fullmer Council Member Young moved to approve Resolution 2005-19;seconded The motion carried. the motion; all voted aye, none opposed. Dorothy Bowen, from the Development Company, explained the Block Grant from the State of Idaho for $500,000. The City and County are moving forward on this grant jointly with in-kind matching resources. She mentioned that the process is easier because the City has done its homework. The public hearing is on Friday November 19, 2005, at noon. New Business: A.Preliminary Plat Harvest Heights Division 2: Richard Smith th Richard Smith reviewed the Plat on the overhead screen. The Plat contemplates the completion of 7 South. He is widening his road by four feet. Mayor Larsen asked Richard if he recommended that the City should change the City’s requirements for road widths. Richard concurred. Streetlights were upgraded to ornamental styles. He is working with the City Engineer to get the lights approved. They plan to have a City Park adjacent to Millhollow Road. It is 1.9 acres. The lots against thth 7 South will not have access to 7 South. He mentioned a wrought iron fence for the development. They are planning an 18 foot green boulevard area between the sidewalk and the development. Three of the lots will require a lift station for the sewer. Mayor Larsen asked if there would be more divisions than the existing two divisions. Mayor Larsen th asked John Millar to explain the progress on the development of 7 South. John indicated that it is planned to be a five lane road going east beyond Millhollow Road. Council Member Erickson indicated that the Planning and Zoning Commission approved the Preliminary Plat including the street widening of an additional four feet. Council Member YoungCouncil Member Fullmer and commended Richard for the quality of the development which includes green space. 5 Council Member FullmerPreliminary Plat Harvest Heights Division 2; moved to approve the Council Member EricksonThe motion carried. seconded the motion. All voted aye, none opposed. Calendared Bills and Tabled Items : A.First Reading : Those items which are being introduced for first reading. – NONE 1. BILL 949 Pseudo ephedrine Ordinance – City Staff Officer Ron Ball (City Police Officer) reviewed the problems with methamphetamine abuse. To have methamphetamine, the user has to have ephedrine from a product containing Pseudo ephedrine. He indicated that the products need to be controlled behind the counter because of the abuse. He found three large garbage sacks of empty boxes of the Pseudo ephedrine. They were stolen from local stores. An individual was stealing the products for the person that made the methamphetamine for some of the meth product. Rexburg has mobile labs that only exist for a day or two and then they move on to another location. It is a regional problem. Council Member Young asked if the City was attempting to plow new ground. He asked why the City was trying to regulate this product. He wanted to know if it is a federally controlled product. Ron Ball said that diet, hayfeaver, and cold pills have the product of ephedrine. He wants Rexburg to take the lead to help control the abuse of ephedrine. City Attorney Zollinger explained the minimums of the Ordinance. In Idaho, Rexburg would be the fifteenth City to pass this Ordinance in the last two months. BILL NO. 949 AN ORDINANCE, SETTING LIMITATIONS ON THE SALE OF METHAMPHETAMINE PRECURSOR DRUGS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. WHEREAS, methamphetamine is an illegal drug that is produced using legal precursor substances such as pseudo ephedrine, which is contained in over-the-counter medicines sold in retail outlets; and WHEREAS, methamphetamine is produced and distributed in our communities with negative social effects, including harm to children, families, increasing crime and property damage; and WHEREAS, the production of methamphetamine in illegal labs can cause significant health and safety risks such as the danger of fire, explosion, and environmental hazards from production byproducts; and WHEREAS, the legislature of the State of Idaho has not enacted any laws to control the sale of methamphetamine precursor drugs; and WHEREAS, the City Council of the City of Rexburg, Idaho deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Rexburg, Idaho to regulate the sale of methamphetamine precursor drugs within the City of Rexburg, Idaho; BE IT ORDAINED by the Mayor and Council of the City of Rexburg, County of Madison, State of Idaho: Section I. That the MUNICIPAL CODE OF THE CITY OF REXBURG be amended as follows: 6 SALE OF METHAMPHETAMINE PRECURSOR DRUGS SECTIONS: 1: Definitions 2: Prohibited Acts 3: Accessibility of methamphetamine precursor drugs 4: Penalty 1: Definitions: The following definitions shall apply to this Ordinance: (a)“Methamphetamine precursor drug(s)” shall mean and refer to any substance that is: (i)a drug or product containing as its sole active ingredient pseudo ephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers; or (ii)a combination drug or product containing as one (1) of its active ingredients pseudo ephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers. (b)"Over-the-counter sales" shall mean and refer to a retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription. (c)“Retailer” shall mean and refer to any person, corporation, partnership or other business entity conducting business within the Rexburg City Limits who sells or furnishes any over-the-counter drug product containing methamphetamine precursor drugs to any person who is the ultimate user or consumer of the product. 2: Prohibited acts: It shall be unlawful within the incorporated limits of the city for any retailer or employee thereof to knowingly sell, transfer, or to otherwise furnish in any single transaction: (a)More than three packages of any product that he or she knows to contain more than a total weight of nine (9) grams of methamphetamine precursor drugs. (b)A methamphetamine precursor drug to a person under the age of 18 years. (c)The limits established in this section shall not apply to any quantity of methamphetamine precursor drugs dispensed pursuant to a valid prescription. 3: Accessibility of methamphetamine precursor drugs: A business establishment that offers for sale methamphetamine precursor drugs shall ensure that all packages of the drugs are displayed and offered for sale only: (a)behind a checkout counter where the public is not permitted; or (b) inside a locked display case; and (c)all sales shall be conducted with an employee of the retailer and cannot be conducted by a self-service system. 4: Penalty: It shall be unlawful and punishable as a misdemeanor to violate any of the provisions of this Ordinance. Section II: If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. 7 Section III. This Ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section IV. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF REXBURG, IDAHO , this _____ day of __________, 2005. APPROVED BY THE MAYOR OF THE CITY OF REXBURG, IDAHO , this ______ day of ___________, 2005. ATTEST: Shawn Larsen, Mayor Blair D. Kay, City Clerk Mayor Larsen asked that the businesses be polled for their comments on this bill. Ron Ball indicated that Iodine sales are reported to the Police from the retailers because it is used in the lab to make Methamphetamine. Council Member FullmerCouncil Member Erickson moved to first read BILL 949, seconded The motion carried. 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. BILL 939 1. Revisions No. 1 Development Code: Mayor Larsen indicated that the bill is up for third reading. However, due to new Council Members as of January, 2006, he recommended to defer the bill to the new City Council. Mayor Larsen mentioned that an individual came to the City to convert a home into a sandwich shop in an HDR Zone near the University. There was not a tool available to allow this individual to proceed with his proposal. Council Member Young read one sentence from the BILL. The RBD is allowed adjacent to Commercial, Industrial, Medium Density Residential, and High Density Residential Zoning. Kurt Hibbert presented a short review of the purpose of the proposed RBD zone and its relation to the Rexburg Comprehensive Plan. Steve Oakey, a member of a Neighborhood Association, expressed some concerns with the proposed Zone. He encouraged the Council to pass the Ordinance. It is a good transition that addresses many concerns of the neighborhood. He asked the City to put a lot of teeth behind the developments by using Architectural Standards that would maintain the integrity of the neighborhood theme. He did not want any “willy-nilly” developments. Richard Smith asked if it was a new zone. Mayor Larsen indicated that it was a new zone for future applications that would require a zone st change. The Stone Home on North 1 East, Ferguson Music, was used as an example; however, it is already in a Commercial Zone after a recent Zone change. Mayor Larsen explained the intent of the bill. It is not the intent to use this in existing neighborhoods. Only in transitional areas. Council Member Anderson referred to the Garner Home, where the owner put in “Nettie’s Place” to preserve the home. 8 Council Member Erickson asked why the current City Council should defer the bill to a future Council. The current Council is more familiar with the zone. Helen Lamprecht does not want a business near her home. Chairman Winston Dyer explained that it could not leap frog down the street. Raymond Hill, at 328 East Main Street, asked what about a Proprietary Store. It is a specialty store. Kurt Hibbert says it sells sundry goods. It is related to the definition in the SIC Codes. Mayor Larsen asked to review the zoning map on the Overhead screen. Kurt reviewed the zones by each color. Mayor Larsen asked Council Member Anderson and Council Member Fullmer about delaying the vote on the third reading. Council Member Anderson asked to defer to the new Council; Council Member Fullmer thought that Council President Benfield should be present. Robert Collette owns property that would be eligible for this zone. He hopes the neighbors concerns are being addressed with this application. They would be good neighbors with a very targeted zoning change meant to preserve the neighborhood. He wants resolution to the issue; because he has already forgone $10,000 in rent. Mayor Larsen indicated that the issue should be resolved by the end of February, 2006. Robert Collette has talked to Mrs. Clark as he promised the City Council. rd Sharon Oakey at 25 South 3 East, asked if any homes will be torn down that qualify for this Mayor Larsen new RBD Zone. indicated that this bill is a protection to the neighborhood. A Mixed Use Zone would require an acre of land that could be developed into a strip mall. A home surrounded by High Density Zoning would qualify for this zone. This may be a good use for that type of home. She was in favor of the bill. st Kay Bybee at 158 North 1 East, commented on the need for parking at these facilities. Mayor Larsen said it would not be approved without the required parking. nd Steve Herdie , at 140 South 2 East, said he was young when he came to the first meeting on this issue. There is delay after delay in making this decision. He was enthusiastic to get it settled. nd Pat Hinton at 55 South 2 East, thanked the Planning and Zoning Committee and City Council for the improvements. She feels it would work in certain areas. She was happy to see the absence of the domino effect, because she does not want to be surrounded by businesses. It is good and bad. She has reservations. Mayor Larsen indicated that it is a lot better bill. The citizens know their neighborhood better than other people. The City Council realizes that there are tough decisions that have to be made by the Council. Council Member Young asked for future Council Members to express their opinions. Chris Mann would vote against this bill. He is concerned with zoning regulations that are out of control with current Zones. 9 Bart Stevens recommended the current City Council should make the decision. He has confidence in the enforcement abilities of the City. There are pros and cons either way. He would support the current City Council’s decision. Council Member Erickson mentioned that the changes have been made. These requested changes have satisfied about everyone. He suggested passing the bill. Council Member Fullmer asked to wait until December 14, 2005, to allow Council Member Benfield to vote on the bill. Council Member Anderson concurred with Council Member Fullmer. th Council Member Fullmer moved to table BILL 939 until the 14of December; Council Member Anderson seconded the motion: Those who voted Aye: Those who voted Nay: Nyle Fullmer Rex Erickson Irma Anderson Farrell Young Due to the tie vote, Mayor Larsen cast an Aye vote to break the tie. The BILL 939, was tabled to December 14, 2005. D.Tabled Items : Those items which have been the subject o f an affirmative vote to a motion to table: Resolution 2004-22 1.(Adoption of Vision 2020 Rexburg Comprehensive Plan Text – Tabled November 03, 2004) Old Business: Mayor’s Report: Mayor Larsen reported on theapplication for a CDBG Memorandum of Agreement with the County. He asked for authorization to sign the agreement. It denotes the County & City responsibilities. It also denotes City Council approval. Council Member EricksonCouncil moved to give the mayor authority to sign the agreement. Member AndersonThe motion carried. seconded. All voted aye, none opposed. Mayor Larsen met with the LDS Church Real Estate Department personnel concerning the old Distribution Center. He would like to negotiate a purchase of the building with an easement to the seminary building south of the property. This would facilitate future expansion of the library. Council Member Erickson would start discussions with ecclesiastical leaders Wylie Powell and Neil Anderson concerning the LDS Church Distribution Center property. Mayor Larsen reported on the Warren Miller Film Festival. 700 tickets were sold for $4,000, plus the City received $1,500 for the Arts and the Theatre. A Comedy group will be coming soon to the Westwood. Mayor Larsen reported on a meeting with BYU-I on emergency services. Both entities benefit. BYU-I does not have fire protection or a licensed ambulance. We have the same number of fire personnel now as the City did twenty years ago. They are agreeable to work out an agreement to serve the University and the City. The City has a letter on file stating the proper fire equipment to move from a level four insurance rating to a level three for reduced insurance rates. Mayor Larsen indicated that he would be meeting with Representative Del Raybould, Representative Max Shirley, and Senator Brent Hill for a discussion on local option tax tomorrow. There is a Citizen’s 10 Academy on Friday. On Monday, the new Council Members are invited to a staff meeting at City Hall. th November 30 will be the appreciation night for the Citizen’s that serves on City Committees. The Mayor will recognize one or two members of each Committee. The Employee Benefits Dinner is coming up in December. Mayor Larsen mentioned the $15,000 that is in the Arts Promotion Fund from donations. The Rexburg Arts Council and the Beautification Committee have approved the art for the City’s new roundabout. Both committees made motions to approve the proposed art. He discussed putting the art proposal on th the December 14 agenda. Both the North and South annexation proposals were reviewed for the upcoming Public Hearing. Adjournment ____________________________ Shawn Larsen, Mayor _________________________ Blair D. Kay, City Clerk 11