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HomeMy WebLinkAbout2006.06.21 CITY COUNCIL MINUTES Customer Support Services City Council Minutes 12 North Center blairk@rexburg.org Phone: 208.359.3020 x313 www.rexburg.org Rexburg, ID 83440 Fax: 208.359.3022 June 21, 2006 Mayor Shawn Larsen Council Members: Donna Benfield – Council President Farrell Young Christopher Mann Rex Erickson Randy Schwendiman Bart Stevens City Staff : Stephen Zollinger — City Attorney Richard Horner – Finance Officer John Millar — Public Works Director Val Christensen – Building Official Kurt Hibbert — Planning & Zoning Administrator Blair Kay — City Clerk 6:00 P.M. Work Meeting The City Council reviewed the letters of concern from the residents concerning their participation in the LID with City Engineer Keith Davidson. Financial Officer Horner explained the procedure the City will follow to prepare the LID. Engineer Keith Davidson explained the status of the properties in the LID after the Engineering Department took a second review of the properties. The properties coded in a pink color on the report were removed from the LID. Engineer Keith Davidson presented another list of properties to the City Council where the amount was modified after a second review of the property with the resident. He reviewed the Resolution 1994 - 04 (sidewalk specifications) with the City Council. Public Works Director Millar explained one of the criteria that initiate a sidewalk is the sale of the property. From the middle of the 1960’s to the middle of the 1990’s the Subdivision Ordinance required a fifty foot right of way with sidewalks on the curb; now the right-of-way is required to be sixty eight feet with a seven foot green strip and a five foot sidewalk. Engineer Keith Davidson explained there were certain properties in the City selected for the LID this year due to a street project or some other criteria. Engineer Keith Davidson reviewed some overhead slides on the proposed intersection at Millhollow Road and Shoshone Avenue. Council Member Erickson was in favor of keeping Shoshone Avenue as a through street with Millhollow Road entering into Shoshone Avenue. Public Works Director Millar did not anticipate either street would be a high traffic area. Council Member Stevens suggested allowing Shoshone Avenue to have one lane of traffic going south through the intersection, similar to its present design. He recommended cleaning up the intersection and the island. 1 7:00 P.M. – Pledge to the Flag 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. A. Minutes from June 07, 2006 meeting B. Approve the City of Rexburg Bills Council Member Young moved to approve the Consent Calendar; Council Member Mann seconded the motion; all voted aye, none opposed. The motion carried. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) Jill Anderson at 419 Morgan Drive asked about the traffic study for the Hospital’s new development. She asked the City Council if they were concerned with the Traffic Study. Public Works Director Millar said the result was a eleven to fifteen percent net increase of added traffic. This would not impact the existing streets. Most of the traffic will come to the Hospital off Main Street. The Idaho Transportation Department indicated the additional traffic flow was acceptable for the new addition to the Hospital. There will be a new plan for landscaping at the buffer strip. Some of the trees will be mature trees. The buffer strip will be resolved before occupancy is given to the Hospital. nd Phillip Cronin at 233 West 2 South, Creed Cardon at 371 Harvard Avenue #2, and Zack at __ proposed a “Tax Free Dental Clinic” on August 19, 2006, at 10:00 a.m. They are planning three races: one mile, 5 k, and 10 k. Their objective is to inform the Community of the Clinic, raise funds, and involve the Community to promote a health life style. It was noted the City’s Triathlon is the same day. Council Member Young asked where they would start and stop the races. They would utilize the stnd area behind K-Mart on a dead-end road and use 1 and 2 North. Council Member Mann moved to support the event with the date being changed to avoid a conflict with the Triathlon; Council Member Benfield seconded the motion; all voted aye, none opposed. The motion carried. Presentations: NONE 2 Committee Liaison Assignments for 2006: A.Council Member Chris Mann Parks & Recreation· Museum Committee· Romance Theatre Committee Council Member Mann reported the Romance Committee is continuing to meet on a regular basis. Mayor Larsen explained the results of the Teton Dam Marathon. The Teton Dam Marathon Committee will be functioning year around. There were hundreds of volunteers. B. Council Member Donna Benfield Beautification Committee· Police Department Council Member Benfield reported the Police Department graduation for Reserve Officers. There are three or four reserve officers. Other Counties participated in the training program. The Beautification Committee had a project at the end of Main Street to plant flowers. C. Council Member Rex Erickson Airport Board· Planning & Zoning Council Member Erickson did not have a report from the two Committees. D. Council Member Randy Schwendiman Golf Board· Traffic & Safety· Emergency Services Board Council Member Schwendiman did not have a report on the Committees. F.Council Member Farrell Young Tabernacle Committee· Rexburg Arts Council Council Member Young reported there is a musical program every Wednesday night this summer at the Tabernacle. Martel Grover gave a presentation on rate changes for the Tabernacle. They are asking for a 20% across the board increase in fees. The costs for stage lighting and the sound system are increasing. He asked to have the new rates effective in the next fiscal year. The sound technician is there from four to seven hours for each performance. Mayor Larsen asked for the possibility of patrons accessing the sound system without a sound technician. There is a need to have a technician available to turn on the lights, sound system (setting up speakers) and to have minor adjustments made in the system during the performance. Council Member Erickson asked who was doing the technical work. Kent Arnold is the technician for the whole event. Mayor Larsen asked if a lower rate was possible if the sound technician did not stay for the entire event. The City Council discussed the possibility of having the technician open the venue and close the venue with staying for the entire performance. Martel Grover explained the public feedback the Committee has received for upgrades to the Tabernacle.: windows on the south side, twenty four spot lights are worn out (the proposal is to change 1/3 of the lights over the next three years. The lights cost about $470.00 each for an annual expense of $3,800.00 each year. Other improvement items are to remove the fire engine building and replace it with a sign, add ceiling fans, dressing rooms, new carpet in 2009, handicap restrooms, and a Centennial celebration of the Tabernacle in 2011. Mayor Larsen 3 asked the Committee to review the Tabernacle Budget and schedule these items in the budget. The handicap ramp is scheduled on this year’s budget. A public hearing will be scheduled to review the fees. G. Council Member Bart Stevens Trails of Madison County· IBC Committee Council Member Stevens did not have a Committee report. H. Mayor Larsen Mayor’s Youth Advisory Board· Legacy Flight Museum Mayor Larsen did not have a Committee report. Public Hearings: th A.7:30 P.M. Annexation of land west of 12 West and north to Hwy 33 (Weimer, School District, Beck, DeBow) Mayor Larsen explained the process for a Public Hearing. The City Council acts in a quasi- judicial manner. They will take testimony from the public and then deliberate the issue. This is a land use issue that has come to the City Council from the Planning and Zoning Commission. The City Council will hear testimony in favor, neutral, or in opposition to the proposal. After receiving the public testimony, the City Council will deliberate amongst them selves to determine how to act on the issue. Mayor Larsen asked Planning and Zoning Administrator Kurt Hibbert to present the proposal on the annexation request. Planning and Zoning Administrator Kurt Hibbert presented the proposal to the City Council. The proposal is to annex four tracks of land. A large portion of the property is in the City’s Impact Area. Some of the property is outside the City’s Impact Area in Madison County. Water th and sewer facilities are available on 12 West. The Planning and Zoning Commission recommended this property for annexation into the City of Rexburg. Council Member Young noted two little fingers of property that extended to 3000 West. They are part of the Weimer Farm. Mayor Larsen opened the Public Hearing: Mayor Larsen asked the petitioners for the annexation to present their proposal. th Brad Stauffer at 3456 East 17 Street, Idaho Falls, representing Kartchner Homes, explained they are asking for annexation into the City for future development. The project (over 250 acres) is not fully planned out at this time. They would like a Mixed Use Community that has a good nature. They are seeking a Master Planner for the project. Mayor Larsen asked for public testimony. 4 Those in favor of the proposal: Attorney Greg Moeller at 1302 Meadowview Avenue representing Madison School District for Property No. 4 in this proposal. Madison School District is in favor of the annexation and they appreciate the Planning and Zoning recommendation in this regard. If this annexation is approved, it will greatly improve the value of the property for the patrons. It will allow access to City Services. It will decrease the cost for the School District improvements to the property. The High School facilities have been available to the City residents for the Recreation program in the past. They plan to continue the shared resources for the City Recreation programs in the future. The School District offices and the current High School are in the City. The School District is happy with that arrangement and hope to continue the arrangement in the future. Debbie Thompson at 34 South 3000 West borders Property No. 1 on the proposal. They are not opposed to this development. They (group of home owners) are working with Kartchners and a group of citizens on the proposal. It benefits their homes as well as what is being planned. She noted part of the property is outside the City of Rexburg’s Impact Area. She noted some concerns with adjoining neighbors concerning the location of the future Impact Area. There is a dairy farm and a cattle ranch across the road. She wanted the City Council to consider these farms when the plan the future Impact Area for Rexburg. Her neighborhood will be adjacent to this development on 3000 West. She asked the City Council to consider annexing their properties into the City at some point. Those neutral to the proposal: Thaine Robinson at 390 Maple Drive spoke as a private citizen, not as a member of the Planning and Zoning Commission. He is not in favor of annexing (Area #1) property outside the Impact Area. He was absent from the Planning and Zoning Commission’s Public Hearing on this annexation proposal. He asked the City Council to do things in an orderly fashion. The City should increase the City’s Impact Area before annexing outside the Impact Area. This will be a long term project, so it does not have to be annexed tonight outside the City’s Impact Area. Those in opposition to the proposal: Iris Hoglund at 2971 West 440 South does not want to change their status in the County. She is in the Impact Area and she is opposed to being annexed in the future. Their neighborhood is on five acre lots. Council Member Erickson asked for the location of these lots. Their subdivision is north of the current proposal as noted by Planning and Zoning Administrator on the overhead screen. Mayor Larsen explained this proposal does not change the status of her property. She will remain in the City of Rexburg’s Impact Area. The plan would include this area into the City at some future time. “Who knows when that would happen?” Iris asked if she would have any input into the decision to annex her property in the future. Mayor Larsen explained the same process would occur with a Public Hearing for the public to make comments. 5 David Saunders at 2877 West Hwy 33 before the S curves on Hwy 33. He is concerned with traffic flow and accidents from traffic accessing hwy 33. He did not state he was in opposition; however, he has some concerns about traffic flow onto Hwy 33. There are three or four accidents every winter just around the corner from the S curve. With the additional of fairly constant traffic flow at the intersection, it could introduce some serious safety hazards. He would like to see some traffic plans for the area before the project is annexed. Rebuttal: Brad Stauffer indicated they would love to address that concern and see if there is a way to make the traffic flow work entering Hwy 33. They are in favor of straightening Hwy 33 even if some of their property would be required. He explained the long term nature of the twelve year project. It will not happen over night. They want to annex the whole Weimar farm to make it work. They th will start the project next to Mary Ann Beck’s property on 12 West to obtain the City services. Mayor Larsen asked him to explain the issue of annexing outside the Impact Area. Brad said it was not Kartchner’s property and it would be hard to plan a development by splitting the farm. They would need to annex the entire farm for the planning of the development. They do not want to buy the farm and only have part of it in the City. He understood the State allowed annexations outside the impact Area. Mayor Larsen closed the Public Hearing. Council Member Mann asked City Attorney Zollinger if there was a problem annexing outside the Impact Area. City Attorney Zollinger explained the State allows it at the request of the property owner. Council Member Mann is concerned with the traffic flow on Hwy 33 as the City grows. There are more and more areas in the City accessing Hwy 33. Mayor Larsen explained this proposal was reviewed by the County Commissioners and they said the City could move forward with this proposal. They said the request came to the City and the City should move the request through the process. Council Member Young reviewed the written request from the owners; however, they have not provided any input to the City Council for this request tonight. He reviewed the original request to exempt their homes from the proposal. Planning and Zoning Administrator Hibbert explained th they later requested in writing to have all of their lands annexed. Jodi Weimer at 350 South 12 West explained they did request annexation. Council Member Erickson reminded the City Council of earlier discussions by the City Council to expand the Impact Area to 3000 West. He asked if it was a problem to wait on the annexation until the Impact Zone is changed. He understood the concerns from Planning and Zoning on the issue. 6 City Attorney Zollinger explained the Impact Area discussion with the County is ongoing without a definitive time period to complete the discussions. It could indefinitely postpone this annexation. Mayor Larsen explained the west Impact Area would be expanded at the same time as the other Impact Area boundaries in the City. Planning and Zoning Administrator Hibbert mentioned the County would strongly support the City either way on this proposal to annex the Impact Area or annex outside the Impact Area; recognizing the Impact Area expansion would follow the annexation. Council Member Erickson reminded the City Council of three Commissioners who were opposed to annexing outside the Impact Area. He asked if there was any problem with waiting on the annexation. Planning and Zoning Administrator Hibbert explained delaying the annexation from a planning standpoint is not a problem; however, the annexation of properties outside the Impact Area can be overcome. Plan Mayor Larsen reviewed the proposed zoning. All of the areas except Area 4 would be Zoned LDR2. The School property would remain agricultural. Planning and Zoning Administrator Hibbert noted LDR2 allows for a single home on 8,000 square feet of property and a duplex or twin home on 10,000 square feet of property. Council Member Young moved to accept the recommendation of Planning and Zoning for the annexation of these four parcels as they have been explained to the City Council and as they are outlined on the map; Council Member Mann seconded the motion; all voted aye, none opposed. The motion carried. Local Improvement District N0. 35 - Staff B. 8:00 P.M. Mayor Larsen invited the Scout to introduce themselves and he welcomed them to the meeting. Mayor Larsen explained applause is not appropriate in a Public Hearing. Engineer Keith Davidson explained three primary areas for the LID. Millhollow Road, Morgan and Reed Streets, and new owners have curb gutter and sidewalk that need replaced. If the curb, gutter or sidewalks are settled at the property line, both properties need to be included in the replacement. The guidelines are as follows to determine if a replacement is required. LID 35 Replacement Criteria City Council Minutes July 07, 2004 Sidewalk ? Vertical Displacement More than ½ inch o 1 ½ inch or greater between the sidewalk and back of curbing o ? Spalling or surface damage 50% spalled to a depth of ¼ inch per 5’ section o Missing pieces of sidewalk (3” x 3”) o 7 ? Cracks or Fissures 10’ or more of cracking per section o ½ inch wide for 3’ crack o ? Voids under the sidewalk ? Depressions (ponding) ? Safety hazards ? No existing sidewalk Curb & Gutter ? Vertical displacement More than ½ inch o ? Spalling or surface damage 50% spalled to a ¼ inch depth per 10’ section o ? Cracks or fissures 3 cracks across per 10’ section o Greater than ½ inch cracks across section o ? Depressions or high spots that impede water flow ? Back broken off driveway ? Safety Hazard ? Missing Sections The process to amortize the financing for the LID work can be paid monthly or annually. There is a prepayment penalty of one year’s interest if the LID is paid early on an LID agreement. The City pays for the street portion. The resident can contract separately to do the work and the City will pay and bill on financing terms of the LID. The LID payments can be paid monthly or annually. Removal and replacement of sidewalk, curb, and gutter needs inspection by the City. He mentioned the City participates at 65 cents per square foot for sidewalks and five dollars per lineal foot for curb and gutter. Mayor Larsen opened the public hearing. Millhollow Road Engineer Keith Davidson reviewed the design for the intersection between Millhollow Road and Shoshone Avenue. The turn would need to have an elevation change of 6%. Trent Shaw at 453 Reed Street August 15 deadline for own contractor. The City will send a letter out if they are wanting their own or a city contractor August 15 deadline. For contractor notification. Trent asked when the roads will be paved. He was concerned with the road is done so the road wont be cut for utilities. He is concerned with investing and the project is then delayed for the street which would cause his work to deteriorate with water damage. st John Zirker at 415 East 1 North is in favor concerned with placement of sidewalk he mentioned garners Phillips wants sidewalks next to the street. Since that time there have been 6 violations in a st three block area on 1 North going to Hidden Valley. The latest one is next to Walgreen’s Frank 8 Jacobs Residents Robert Smead residence Meanders. He wants a sidewalk with same consideration as others in town. He is on a four way stop intersection. It is a dangerous intersection. He wants to keep sand off his property. Council Member Mann wants to make concessions. John explained right-of-way issues. Any policy has some exceptions. The pedestrians are away from the traffic off the curb. The original old platted area has 99 foot right of way in the MID 60 the right of way went to fifty feet. In those areas on the bench and others 60 70 80 are a problem with mail boxes and snow. It has been a good policy change to move sidewalks back away from the curb. Mayor Larsen read Resolution 2004-04 The new sub Ordinance in 96 adopted 7 foot setback for sidewalk. Rex and Farrell agreed with John Zirker. Mayor asked if he would do a meandering sidewalk. John Zirker talked about precedent to keep the sidewalk on the curb. Council Member Erickson moved to allow John to go against the curb with summers and the same on the west side of his property going north. Young seconded all voted aye, none opposed. The motion carried. Anne Dougherty at 268 Ricks Avenue and Ginger Bott share a driveway on Ricks Avenue. They want to opt out of the LID. Rex is we asking them to repair the driveway with concrete instead of asphalt. The LID is shared with five property owners. It is thirty two feet of sidewalk curb and gutter. City will help with .65 cents George Wilson asked when the policy change from painting black top. Bart is sidewalk up against the curb Keith yes. With two patches. Rex recommended having it done at this time Bart is concerned with just replacing that much. It should be done when the street is repaired. Rex asked how much of the road would need to be repaired to protect the new curb and gutter. Mayor Larsen explained the policy challenges of when will the City will fix this street. Randy Schwendiman would like to do a bigger section. Donna agreed Donna moved to opt out Ricks avenue Rex seconded all voted aye none opposed the motion carried. She line item 142 asked to be revisited she has no asphalt or pieces missing. There is no vertical shift. She asked to revisit the policy for new owners to pay for the project. She is the only drainage that is drained. She can’t afford the 3300 she would have to do the work herself. Rex there are four with two handicap areas. Bart asked for all on Tarrus Drive to give testimony. Steve Dennis #140 Tarrus Drive why just one owner and not the whole street. 9 Keith reiterated the reason for the new owner Rex thought the new owner was just for sidewalks. He asked if everyone on a street could be done. Keith that is the case when the street is redone. Sheline asked if it could have been done on her mortgage the timing is bad. Randy Schwendiman is not comfortable with doing one home at a time. Council Member Mann asked if this is a marginal property Keith said they could go and recheck if it is marginal. Rex asked who included curb and gutter. Keith said curb and gutter is in the ordinance too. Rex the resolution does not say curb and gutter only when the street is replaced. Council Member Young moved to delete Tarrus; Council Member Erickson seconded; Discussion: Handicap access was included in the motion. Rex do every owner on the block with the street. All voted aye, none opposed. The motion carried. Randy would like curb and gutter done when the street is done. Bart said curb and gutter could last beyond the life of the road; however, it should be done to save the street st Kay Cordingley at444 East 1 North did not expect asked about sprinklers trees it is the owners expense. He landscaped the circular driveway. Two Birches would have to go. Handicap access might not pass the mailbox he was not expecting the high cost He would like some consideration in the placement of the sidewalk. He does not want to lose his landscaping. st Rex asked why 1 North was included in Morgan and Reed Streets. Keith he is the last one on that section except Don James. Schwendiman this does not meet the criteria. Randy moved to exclude Donna seconded all voted aye, none opposed the motion carried. 2 inch water line is not a part of this project. It has caused deterioration of curbs and gutters. Randy moved to exclude all properties on first north; Benfield seconded; Discussion there were three properties on first north that were included because they were the last ones. All voted aye, none opposed. The motion carried. Barbara Blazer no 7 gave letter asked she has family in Utah that has never done curb and gutter. She has bad sidewalk she is willing to replace except the curb and gutter. Other places are falling apart. The whole street needs curb and gutter repair. Mike McKinley owns property to the east. She wants the entire curb and gutter repair as needed not just new homeowners. Is she responsible for any repairs is this a one time LID? Rex said curb and gutter needs replaced. 32.00 per lineal foot for curb and gutter. Sidewalk costs ___ per She wants to do the work She thinks it is unfair to target new homeowners not penalize them for trying to keep up the property. 10 Jared Klingonsmith at 536 Angela Drive in home 3 and ½ years never new the law would like street replaced when this work is done he asked to seal the cracks first before replacement. He could fix the problems with repairs. He recommended changing the policy to do as needed not he asked for a $5.00 fee for college students to drive on the roads. Rex recommended something needs to be done. Jared wanted to do the repairs instead of replacement. She is going to check on legality of requirement curb and gutter. 60 % could overturn policy. Stephen City Ordinance improving the property adjacent to your property at your expense. The 60% would only apply if citizens initiated the LID by petition. Angela Drive five properties. Rex if sidewalk needs replaced the curb and gutter should be replaced. Don #80 sidewalk is better than others on the street. Bart asked about the storm drain it is two blocks to the west And flows ok. Keith the whole street is not meeting criteria. Randy is having a problem with doing one at a time. Bart would like to do the whole section instead of a property at a time. Can the flow line be repaired a place or two Keith said it was a place or two. Mayor asked if Keith should go out and check for marginal areas. The property is on Angela. Keith will look at each piece. Sherrie Lewis 231 Millhollow Road #203 she called and sent a letter. Keith on Millhollow ribbon curb and three fee of asphalt and apply their percentage. He Vaughn asked why they are being assessed on City right-of-way. Farrell is asking for an explanation of their fee. The ordinance calls for property frontage. Randy does not understand the split. He Vaughn (WHO) does not want to pay for road. He will pay for concrete strip. Another HE agreed. Rex agreed for a reconstruction of a road. Mayor Larsen said it is in lieu of a sidewalk. Council Member Mann asked to reevaluate the Lewis property assessment. Mayor Larsen asked if the Council would like to split it equally for Stephen explained the concept of the benefit was for the access. What benefits does their property derive from the improvement to the road? The total frontage that benefits from the road. It is a linear benefit to everyone on the road. Bart asked for an average on their lot to adjust their LID. st George Wilson lives on Ponderosa was LID 364 South 1 West Harris Hall #23 being assessed for sidewalk and curb and gutter. He asked if he could do some saw cuts. Keith said there is a lot of pedestrian traffic in this area. There is an unused water drainage grate that is dangerous to pedestrians. It needs to be removed and filled in. Council Member Mann said it was a marginal section. The power pole is in the middle of the sidewalk. A saw cut needs to be done to move the sidewalk around the power pole. There is a bike path along the street by this area. Keith said staff recommends replacing curb and gutter and saw cut the sidewalk for a partial replacement. Apartment complexes require reinforced concrete. Randy recommended fixing both the north and south ends at a minimum for the sidewalks. Keith 11 asked for direction on asphalt. Randy asked if new buyers were being told about the property transfer costs. Council would allow saw cuts tying into asphalt. Karen England 114 Webster Avenue #147 dead-end street with five homes mechanic garage doesn’t see a need for a sidewalk on the north side of Loren’s Auto Repair. Keith is was on the LID for the sidewalk criteria. It is asphalt and deterioration. The City is not accepting asphalt sidewalks. This is a dead end property. They are across the street from a vacant lot. Their dad built it in the 1950s. The crossed if off rex moved randy seconded no vote th Travis Allred at 37 South 4 West explained his seller has some legal issues and he did not follow through with the sale commitments. They got stuck Adjacent to a vacant lot without sidewalk and other building without sidewalk. There are no sidewalks around it. Mann said the Council could revisit this property later without a grandfather status. Richard said you have to start with the first one on the block sometime. Reevaluated to change only two sections of curb and gutter with new sidewalk. He wanted to know if there is an assessment for the duplex in the rear. Farrell asked to include duplex. Rex new sidewalk to the north boundary. Randy fix two bad sections. Curb and Gutter is part of the street to be shared by all property owners. Council Member Erickson moved to have it redone with duplex next year; Mayor asked for written letter to be included next year. Tim Laderman at 362 West Main Street is a new home owner. He did not want to be targeted because of his status as a new homeowner. Many places are far worse If it is a safety issue focus on the real problems. He has a canal by his house with a bad sidewalk. It is a big burden on new homeowners. Council Member Erickson explained West Main has horrible sidewalks. LID’s should be for the whole block. Keith said the residents on Mohawk asked to have an LID for their street. Mayor agreed with rex to look at the whole street at once. Rex recommended doing a block at a time. Very few homes on West Main Street will not change hands. Mayor will remove from LID with letter stating other issues on West Main Street. Tim said it is wrong to target new homeowners if it is for safety. th Roger Pearson at 267 West 4 South should do blocks at a time. He is not against any of it He has concerns with the off street parking for over fifty years. The bumpers of the cars hang into the 12 sidewalk. He was assessed over $9,000 without having off street parking. Keith said the City doesn’t allow parking in the right-of-way. He losts parking in the north and the front of the building. A high back curb without off street parking de-values the property. Stephen the building was built for storage and then the university said it would not need parking except for parking form the South. At one point we were using it and we had to comply with it Showtime would use if for set construction and no parking. He is requesting a nock down curb for parking. High back curb on the front plus sidewalks nd Lori Cardon 2 North #32 new owner other new owner did not get included wants it done by block not new owner. She asked about driveway patchwork. She asked by block LID in the future for her street. Right Aid has parking issues on a commercial lot it is allowed to have blacktop for a sidewalk. Roger will put in sidewalk but wants it on the curb. David Rock Rosewood Drive #135 speaking for the piper family wants out of LID He wants to share cost with neighborhood on the street. New subdivision without curb and gutter replacement. Rex said it need to be done. David said he was not the only person benefiting on the street. He wanted to share the expense. Stephen explained Lineal foot integration and each person is responsible for front foot in front of their property. Rex it does enhance your property to have good curb and gutter. Keith it is breaking up because of base failure. Rex leave on LID Mann agreed. Jill Anderson 419 Morgan Drive is in favor of an LID she asked about enforcement and inconsistency. She mentioned the pavement for a sidewalk going to Hidden Valley. Discussion on coordination with the Hospital for improving Morgan and Reed. Did Hospital move this project up? Further west is also recessed. Keith explained the criteria again. 13 It is 1:34 a.m. Jill agrees with the block by block review. John hospital will work to the City’s time schedule. Keith standards are available. Calvin Carrey 431 Morgan Drive asked why he was selected Street was chosen for reconstruction due to the hospital changes. It was planned before hospital but moved up when hospital did their project. He will fix his property 453 Reed Street wants to do his project after hospital. Has a section that may not need replaced? He blamed gas company for street settling away form the curb and gutter. City water line broke sprinkler valve broke due to city water line breaking. He is discouraged with the inconsistencies from tonight. He mentioned the possibility of having the 2 inch water line replaced by the City. Mayor mentioned names of letters to go into the record. ?? Engle Johnson Blake Loveland George Wilson Cordingley Allred Terry Madsen David rock Heidi Pyper Michelle carry Dr. Gary Lovell Morgan 14 Farnworth Homestead David Stowell Leon Christensen Carolyn Lewis John Zirker Wenette Hamilton Mayor Larsen suggested nd Commenting on the letters at the 2 reading. Mayor Larsen closed the public hearing. C. 8:15 P.M. Vacation of Property at Trejo Professional Park Division No. 1 Stephen explained the dead-end road they looped the road per pz Anyone Closed Bart moved to vacate as recommended rex seconded all voted aye none opposed the motion carried. Mayor Larsen welcomed the Scouts troop 118 communications and Citizen in the Community. Mayor Larsen asked for those from Millhollow and Shoshone Other issues They were split 50 50 Keith LID 35 was reviewed on the overhead screen. Settled side walk or settled curb 65 cents per square feet for replacement curb and gutter $5.00 PER LINERAL FOOT ADDOPTED JULY 2004. Millhollow Road discussion: 15 Keith reviewed engineering problems with a 6% slope for option 2 therefore the engineering worked better on option 1 Mayor Larsen LID is for property owners on Millhollow Road. Keith the property owners would pickup cost of ribbon curb. Mayor explained the sidewalks can be completed outside the LID. It is a best cost estimate. The actual may be more or less. The City Council discussed the design proposed on Millhollow Road and Council Member Stevens explained one of the designs is similar to the existing design. He did not want to dead-end Shoshone Avenue. One lane going North. Donna concurred with Bart to leave Shoshone Avenue open going North. Council Member Schwendiman concurred with Bart to leave Shoshone Avenue open. Council Member Erickson recommended leaving both north and south open on Shoshone Avenue. Council Member Mann concurred with Bart. Larry Wickham at 310 Millhollow Road has the City changed the overall plan for Shoshone th connecting to 7 South Steve Hart wants more north south roads does not want to shut off Shoshone. Millhollow has excellent base for big trucks did not want road base Jim Brannon Millhollow Road asked about clarity City Attorney Zollinger explained the process. Mayor Larsen explained the road design is ongoing with neighborhood input. Reed Stoddard asked if Clarified City Attorney Zollinger explained Mayor explained Asked John to address the safety issue One way sign is not always obeyed. The landscaping will draw attention to one way configuration. It is workable. Stop signs can create accidents if they are in an area where they are not needed. 16 Mrs. Hart asked for a stop at Millhollow and rolling hills. Mayor asked to attend traffic and safety for this input. nd Bart recommended a stop at Millhollow and 2 South. Zollinger bad engineering on an oblique intersection there is a committee in place not part of this motion. Discussion one way street people going the wrong way. High back curb and landscaping and signage would help. Mayor changing engineering don’t affect LID costs. Council Member Stevens tough all the way through good process for a safe situation Keith explained one foot ribbon and three feet of asphalt along frontage Bill liked Keith’s explanation Mr. Hart slope of curve discussion Rex Shoshone has same slope. Keith supper elevation is the problem raises corner for turning. School bus stop for engineering to take into consideration. Donna go to LID discussion It is the way it is Zollinger Engineering to begin final design. Schwendiman leave one way going south Mann moved to send to engineering to alignment as is for later Council approval; Benfield seconded the motion: Young will vote nay want money spent in another area. Schwendiman agrees with doing it or taking the money elsewhere. Rex agrees with young. Take the money elsewhere. Mann after 2 years wants 32 feet with conclusion. Benfield the two issues are different. th We are combining them into one motion. Mayor LID Bart asked John if held off for 7 South development. It can be patched for two more years. John some discussion on development to the south. Schwendiman design tonight or bag it. He want Shoshone open going south. Mann voted aye all others nay Young asked to remove project from further consideration for design and take off this years project list; dies for lack of a second 17 Council Member Erickson asked for a second engineering opinion. Rex there is no reason why it can’t be designed. He does not want to close or even have one way for Shoshone. It should be a through street all the way up. Bring Millhollow into Shoshone. Most Millhollow people want an LID. Benfield the process is important there have been several drawings. It may not have been the right way the first time. We want it done right. We do not want to make a mistake. Young wants and design Council Member Erickson wants a design everyone agrees with Council and Millhollow Road for the proposed design. It is bothersome to change the design. Council Member Stevens disagrees He would like to follow the engineered plan for safety. And use the input from everyone. No one wants an accident. Mayor Larsen feels the consensus of a design similar to the tonight’s drawings without a one-way for Shoshone. Mann wants the configuration just as it is right now. Mayor the Council could direct engineering to design with two way from Shoshone or approve the LID and remove names from LID. Schwendiman is concerned with Safety would accept as it stands now. Bart both streets bought homes with current configuration. John Millar expressed some concerns with Shoshone going both directions. On a one way street. If it is narrowed to one way it may address duality of the street. Mayor signage is another improvement to get to traffic and Safety. Rex asked for more time Mayor asked for public comment Steve Hart rex is right you all voted yes he said procedure is going behind their back He wondered if they need a lawyer to represent their Sherrie Lewis asked for a long range plan Mayor there is a 20 year plan we do chuck by chuck Robert Tueller at 240 Shoshone Avenue is concerned with safety. He is concerned with direction of engineering. The concern is the elevation needed for the design. His property drops off he was concerned with the he is on Millhollow. 18 Jill Anderson suggested two lanes for both streets. Avoid right angle connection. Keith it is a bad angle. John LID can not separate Council Member Young pass LID and work on Intersection rex seconded. Discussion Council Member Stevens leave design up in the air with width at 32 feet. And one foot ribbon all voted aye none opposed the motion carried. nd Council Member Stevens asked about a stop sign at Millhollow Road on 2 South. 2 legs has a stop condition. Bart will wider road cause more speed not on short run. 2.New Business: A.Approve Operational/Fireworks Stands Permit Applications B.Rexburg Tabernacle Civic Center - Recommendations for changes in rental rates for financial year 2007 & Tabernacle Civic Center agenda – Martell Grover C.Fire Department Training facility location – Spencer Larsen 3.Report on Projects: John Millar A.Animal Shelter B.Spray Park 4.Financial Officer Report: Richard Horner A.Monthly Budget summaries B.Personnel Manual 5.Calendared Bills and Tabled Items: A. BILL Introductions: – NONE B. First Reading: Those items which are being introduced for first reading. 1. BILL 964 – for a City wide Local Improvement District (LID 35) Includes all changes from tonight Young moved to first read mann seconded roll call vote All voted aye none opposed the motion carried. C. Second Reading: Those items which have been first read. City of Rexburg Streets Development Impact Fee Report 1. BILL 961 – 2:00 a.m. Attorney Representing the School District referred to letter from superintendent McCulloch Verses Maryland in 1819 Fed could not be taxed by State government. No direct benefit (double tax) or tax transfer. A majority of county residents live in the City. Fee exemptions for a Community 19 Mentioned errors section 2 application sub C exemption may be claimed page 8 of the Ordinance needs basis for claim no basis for appeal refers to sec 10 page 14 typo needs to be sec 11 bottom of 10 needs to be changed to section 11 it is very inadequate. Mr. Hofman referred to legislative Bills that failed. Bottom line is High School within the City is a huge benefit for the City. Nice homes with added tax base for the City. City and School District has been good neighbors. He mentioned the fees mentioned in the June 07 meeting. He asked for school exemption. Mayor Larsen asked to talk about specifics. 200000 verses 2000000 the 500000 came from Var Snedaker formula. Richard said about 200000 th 12 West is one of the Streets opt out of the Fee but treat the school district as a developer. th Discussion on opting out 12 West and using a development agreement for the development of th 12 West. th He preferred to sit down as partners to work on 12 West. Mayor said it would be better to leave thth 12 West on the plan. Richard said this one is set up as one zone. 12 West at 5 mil 500000 would be a bargain. Mann wants impact fees from School District to get County residents to participate. Philosophically is not efficient to charge one taxing entity by another taxing entity. Rex said it is a fee not a tax it is a one time fee. The school should pay for their impact on a certain area. He does not agree to exempt. He explained the difference of a fee and a tax the impact is the same for the school District. It will be a great benefit for the City in the long term for net effect. The Idaho Constitution Article 7 section 4 schools are exempt from taxation. There is a difference from a tax and a fee He wanted to partner with the City. Bart used a street light as an example as an additional cost with working with the school District. Mayor discussed how other developers are handled. In-kind transfers for the impact fees. st He used philosophically a developer is different than a school district. It does not involve 1 Amendment issues. Randy wants County residents to participate in the formula He said 60 of high school students are in the City. Mann University may have some issues. 20 He said legally the University is very different from the School District. Bart is not opposed to exempting or making concessions the School District. He was concerned with eating infrastructure costs too. Council Member Benfield mentioned the possibility to get a development agreement He said a Memorandum of Understanding by joint work meeting with the School Board. Mayor thinks Impact Fees may benefit the School District. Randy does not want to lose the 40% in the County. The bigger the bond the harder to pass. 1.3 per student Etc. Mayor BILL 961 Mann moved 961 second read rex seconded Discussion: young getting calls from developers praying this will not pass. Three developers came to young they don’t pay unless they are a developer builder Bart the fees are based on square foot and size of building. Roll call vote Aye for all motion carried. John received bids for HVAC 34816 51300 Commercial Metal Works and Rexburg Heating Old county landfill for 20000 for sludge ideal site for $500 per acre. Randy moved Farrell seconded all voted aye none opposed the motion carried. Stephen reserve fund of $30500 now at $45000 to maintain the building. The building needs a new bowler for up to 10000 to repair the bowler rusted by salt water. Apple Tree Learning Center. The Revolving Loan is paid back when the building is sold. The new system is enclosed without effect from the ambient system. Council President Benfield asked for a motion. Mann moved to spend the 10000 randy seconded all voted aye none opposed the motion carried. D. Third Reading: Those items which have been second read. – NONE 21 6. Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table: - NONE 7.Old Business: 8.Mayor’s Report: Work meeting on July 05??? 9.Adjournment ____________________________ Shawn Larsen, Mayor _________________________ Blair D. Kay, City Clerk Rex moved to approve fireworks Mann seconded all voted aye none opposed the motion carried. 22