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HomeMy WebLinkAbout2005.12.29 CITY COUNCIL MINUTES ORM F EQUEST R RAVEL T CCM ITY OUNCIL INUTES December 29, 2005 Special Meeting 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 8:45 P.M. – City Council Meeting Pledge to the Flag Roll Call of Council Members: All members were present except Council Member Benfield who was out of town. 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. th st A.Minutes from December 14& December 21, 2005 meeting. 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) - NONE Presentations: - NONE Committee Liaison Reports: - NONE A. Council Member Young: Downtown Vision · Rexburg Arts Council B. Council Member Benfield: Beautification · Traffic & Safety C. Council Member Erickson: Airport Board · Planning & Zoning D. Vacancy: Golf Board E. Council Member Fullmer: Emergency Services Board F. Council Member Anderson: Museum · Tabernacle · Parks & Recreation G. Mayor Larsen: Trails of Madison County · Mayor’s Youth Advisory Board Report on Projects: - NONE Public Hearings: - NONE New Business: - NONE Calendared Bills and Tabled Items : A.First Reading : Those items which are being introduced for first reading. – NONE B.Second Reading : Those items which have been first read. – NONE C.Third Reading : Those items which have been second read. – NONE 1 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) Old Business: 8:30 P.M. – Annexation of Properties south of the Rexburg North Interchange to Hwy 20: Mayor Larsen handed out a letter from Council Member Benfield to the other Council Members. Mayor Larsen and the City Council Members read over the letter. December 29, 2005 TO: MAYOR LARSEN AND FELLOW CITY COUNCIL MEMBERS I would like to take this opportunity to express my regret and concern of not being able to attend the City Council meeting this evening. As much as I regret not being able to be there, being in Arizona with family and grandchildren for Christmas is also very important to me. Therefore, since I am not present, I would like my views and concerns entered into the record. I have always made it a practice to never make up my mind or reach a decision until the last public comment has been voiced. In regards to the meeting this evening on annexation of the land south of the North Rexburg interchange, however, I have very strong feelings. I have recently spent several weeks carefully reviewing all records on this annexation process. I feel this is one of the most serious and important decisions I will be required to make in my tenure on the council. I feel very strongly about the organized and orderly growth of our City. It is evident that our City has tried very hard to maintain this orderly and systematic growth pattern of our northern corridor. We have slowly, cautiously, and carefully managed the growth of the northern entrance to our City. That is exactly why I feel it is imperative for Rexburg to maintain that continuity now within our own impact area. We need to move forward with our annexation of the property in question. I also feel it is imperative that we work closely with Sugar City and Madison County in developing this continuity in the areas surrounding our impact area. I believe all of Madison County has a huge potential for economic development from retail to residential and I am committed to working in cooperation with Sugar City as outlined in the North Rexburg Impact Area document dated December 21, 2005. I believe there are many ways that together we can grow both cities in an effective and positive manner. I look forward to working with all parties involved as well as Sugar City and maintaining our long history of mutual trust. Sincerely, Donna L. Benfield Council President Rexburg City Council Mayor Larsen indicated that the letter from Council Member Benfield was in favor of the annexation of Mayor Larsen properties south of the North Interchange. read the findings of facts from the previous meeting of the Planning and Zoning Commission. Annexation Finding of Facts North Hwy 20 Interchange going South on 2 East nd 1. On November 14, 2005, The City of Rexburg initiated an annexation proceeding for nd approximately 240 acres located both sides of 2 East bounded by Hwy 20 on the north th and the Moody Road on the south. Notice of a December 14 Public Hearing was sent to all property owners within 300 feet of the proposed property for annexation. 1.On December 14, 2005, at the time scheduled for the Public Hearing, all persons present were notified that in order to allow the elected officials from the City of Rexburg and the City of Sugar City to discuss possible compromise, the Public Hearing would be postponed until December 29, 2005 at 7:05 P.M. at the Rexburg City Hall. Written notice of the Public Hearing was delivered to the relevant taxing entities either by mail or hand within 24 hours. 2 th 2.On December 29 at 7:05 P.M., the Rexburg Planning and Zoning Commission convened th the initial Public Hearing originally scheduled for the 14 of December, 2005, and took oral testimony concerning the proposed annexation. Numerous items of written opinions were acknowledged, and made a part of the record. 3.Upon closing the Public Hearing, the Planning and Zoning Commission deliberated the testimony and written input, and made the following recommendation to the Rexburg City Council: A.Annexation of the property proposed for annexation is reasonably necessary to assure the orderly development of the City of Rexburg; B.Annexation of the property proposed for annexation allows for the efficient and economically viable provision of tax supported and fee supported municipal services; C.Annexation of the property proposed for annexation will enable the orderly development of private lands which benefit from the cost effective availability of municipal services; and D. Annexation of the property proposed for annexation will allow for equitable allocation of the costs of public services on the urban fringe of Rexburg. Therefore, the Planning and Zoning Commission recommends annexation of the proposed properties less the existing fertilizer plant located on the southwest corner of Hwy 33 and the Moody Road. Planning and Zoning Commission By: Thaine Robinson Acting Planning Commission Chair Mayor Larsen asked Financial Officer Richard Horner to pull up the map regarding this annexation. The City Council is familiar with this area which takes in all the striped area with the exception of the fertilizer plant. Mayor Larsen asked Commissioner Robinson if this property (fertilizer plant) was excluded and he said yes. Mayor Larsen asked why this property was excluded. Planning and Zoning Administrator Kurt Hibbert said the owners would probably petition for annexation in the future; however, at this time they (owners) didn’t feel it was the right time and they wanted to look at the financial impact of annexation. Mayor Larsen noted that this isn’t a public hearing and the meeting is only for City Council Members to deliberate. Council Member Fullmer asked Council Member Erickson if he attended the Planning and Zoning meeting. Council Member Erickson said he did and, two were for annexation; three were neutral to the proposal, and six people (some were property owners) were against annexation. It was pointed out in the public hearing that we were rushing the annexation of that property. It was never stated “why we were rushing with annexation.” The testimony did not indicate that it would never have been done if Sugar City hadn’t proposed to annex the property into their City. This area is a gateway to Rexburg and not into Sugar City; that was why we decided we should proceed. It was unanimous on the Planning and Zoning Board to annex the property. Council Member Young asked if any of those issues (the Mayors’ proposals) were discussed. Council Member Erickson Council Member Erickson indicated that he had a visit from Sugar City Mayor Dalling this afternoon. He presented a proposal of a compromise between the two Cities. One proposal was similar to the one 3 the proposal that Rexburg proposed a week and a half ago with a little more land on the side of Sugar City. Mayor Dalling knew the proposal was past due. He said he tried to get a hold of Mayor Larsen, who was out of town. Council Member Erickson indicated that Mayor Dalling has a very good proposal. Mayor Dalling believes that Rexburg and Sugar City need to come up with a compromise solution. He acknowledges all comments made tonight by the citizens of Sugar City in the Public Hearing before the Planning and Zoning Commission; however, he stated that both cities need to come up with a proposal that would be a compromise. Council Member Erickson asked Mayor Dalling if that would fly with the Sugar City Council. He wasn’t sure that it would be acceptable; however, they seem to be much more receptive to a compromise than they were a week and a half ago. Council Member Erickson mentioned that whether or not it is annexed, there is still room for compromise. He hoped there would be future meetings with Sugar City (Mayor & City Council) to compromise for the development of this property. On the outside it looks like the big city is gobbling up the little city; however, this is issue that has been discussed for many, many times through out the years. The Impact Areas were set with good intent when they were set. He finds no fault in Sugar City trying to take some of the Impact Area of Rexburg. Rexburg City has proceeded to take action to annex Rexburg’s Impact Area so that can not be done. If this annexation proposal passes, Council Member Erickson thinks it would be great. Mayor Larsen mentioned there are a lot more individuals here tonight than were in attendance a week and a half ago at the joint meeting with the County Commissioners and the Sugar City Council. It’s important to review why we are in this situation. He mentioned that Richard Smith gave a summary of the history of the development of the Impact Area for the Cities in this area that was approved by Madison County. In the year 1995, Madison County, Sugar City, and Rexburg agreed on the Impact Areas. We should respect those Impact Areas. Earlier this year a developer came to the City of Rexburg to request annexation into the City of Rexburg on these same properties. At that time it was denied for good cause: 1. the property owners did not show up for the public hearing. 2. The City Council asked for a plan to evaluate for the planning of orderly growth of that area (nothing was brought before the City Council). This City Council has to make a decision: Is it the proper time to annex this area based on speculation? The City Council decided at that time that it was not the time to annex the property. Now, the situation has escalated as mentioned by Council Member Erickson. Mayor Larsen indicated that the Impact Areas have been respected by each entity during the past fifteen years by Sugar City, Rexburg, and Madison County. Then Sugar City announced they were annexing a large portion of Rexburg’s Impact Area. We are concerned because for years we have been preparing for that property to become part of Rexburg. The City of Rexburg is moving forward with annexation The water and sewer lines are out to the corner of Stationary One Place at Artco. We have utility lines that can service that property. Those lines weren’t put in by chance. They were put in here based on good planning. Mayor Larsen put a plug in for the Planning Commission and the Rexburg Planning Department. Rexburg just received an award for the City’s planning for growth. It is called the “Smart Growth Award.” Idaho is the third fastest growing State in the Country and Rexburg is the fastest growing city in the state with a 12% growth rate the last two years. There have been challenges, but Planning and Zoning Commission and the Planning Department need to be commended for planning for orderly growth. Mayor Larsen indicated that it makes sense because annexation of this property will developed the City as planned and it will be consistent with other development for a gateway to the City of Rexburg. That doesn’t mean there is no room for compromise. The City of Rexburg over the last ten years has been nd very successful in developing the Rexburg Business Park on North 2 East. Mayor Larsen discussed the concept of a joint business park with Sugar City in this area. These proposals are still on the table; however, it would be a mistake to discontinue following the recommendation of the Planning and Zoning Commission. Mayor Larsen recommended the City Council to follow through with this annexation. Council Member Fullmer moved to approve the annexation of properties south of the Rexburg North Interchange to Hwy 20 as proposed, except the fertilizer plant; Council Member Erickson seconded the motion; Discussion: Mayor Larsen asked City Attorney Zollinger to review the process after this action; 4 City Attorney Zollinger indicated that if the City Council votes in the affirmative, the City Clerk will prepare a City Ordinance to be published. The annexation will be complete upon the publication of the City Ordinance. Mayor Larsen called for a vote on the annexation. All voted aye, none opposed. The motion carried. Meeting adjourned at 9:10 p.m. ____________________________ Shawn Larsen, Mayor _________________________ Blair D. Kay, City Clerk 5