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HomeMy WebLinkAbout2006.08.02 CITY COUNCIL MINUTES Customer Support Services City Council Minutes 12 North Center blairk@rexburg.org Phone: 208.359.3020 x313 Rexburg, ID 83440 Fax: 208.359.3022 www.rexburg.org August 02, 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 7:00 A.M. (EARLY MORNING MEETING) – 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 July 19, 2006 meeting B. Approve the City of Rexburg Bills Council Member Young moved to approve the Consent Calendar; Council Member Benfield seconded the motion; all voted aye, none opposed. The Motion carried. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) Jim Nilson at 910 Westwood Drive purchased the home August, 2005. He asked the City Council about two City Resolutions concerning the requirement to install a sidewalk at his location. Because Resolution 1995 – 06 and Resolution 1994 – 01 were in force before he purchased his home; he asked why the sidewalk was not required from the previous owner. He asked why developer did not provide sidewalks when the home was constructed. They are being asked to provide the sidewalk after living in the home for a year. He had no knowledge of the sidewalk requirement when he purchased the property. The sidewalk extends into an agricultural field. He asked to have the sidewalk requirement deferred until the agricultural property is developed. Council Member Stevens asked the City Council to make an exception for this property until the adjoining property to the west is developed. Engineer Keith Davidson said the real estate agents usually disclose the requirement to the buyers. Mayor Larsen asked Keith to send a letter to the realtors association asking them to disclose this requirement for new buyers. Council Member Erickson said this situation exists all over the City. He agreed with Council Member Stevens. We need to notify the public of the sidewalk policy. Mayor Larsen said the policy is a good policy to get sidewalks installed where they are needed. Council Member Stevens moved to allow an exception for the sidewalk until future development of the property to the west of their lot; Council Member Young seconded the motion; all voted aye, none opposed. The motion carried. 1 Council Member Erickson asked to revisit the resolution to require the real estate agents to notify the new buyers of the requirement. Mayor Larsen asked for the proper wording to be in the resolution to clarify the issue. Presentations: - NONE Committee Liaison Assignments for 2006: A. Council Member Chris Mann Parks & Recreation· Museum Committee· Romance Theatre Committee – NONE B.Council Member Donna Benfield Beautification Committee· Police Department NONE Mayor Larsen said some people have asked to nominate the village gardens for a Beautification Award. C. Council Member Rex Erickson Airport Board· Planning & Zoning – NONE D. Council Member Randy Schwendiman Golf Board· Traffic & Safety· Emergency Services Board – NONE E. Council Member Farrell Young Tabernacle Committee· Rexburg Arts Council – NONE F. Council Member Bart Stevens Trails of Madison County· IBC Committee – NONE Engineer Keith Davidson reported a pedestrian bridge would be installed over the Teton th River on the 10 of August. The path’s next step will be on the north side of the Teton River. American Family Entertainment has several owners and managers to contact for the development of the path on the north side of the Teton River. G.Mayor Larsen Mayor’s Youth Advisory Board· Legacy Flight Museum Mayor Larsen reported the MYAB will have their first meeting before the next City Council Meeting. They will have a back to school activity at Porter Park on August 22, 2006. Public Hearings: 7:00 A.M. Fiscal year 2007 Budget Hearing : A. Deputy Finance Officer Nielson reviewed the summary budget of $32, 876,700. Mayor Larsen asked if the summary was advertised in the paper. Matt said it was the same numbers without any changes from the last meeting. Public Works Director Millar asked for a change in tipping fees at the transfer station because the county plans to raise their fees by $100,000 or about a 20% increase. It will require a public hearing at the county level. This would require a city increase of about 10%. Council Member Young asked to negotiate with the county. The increase is associated with fuel costs, etc. City rates would have to be increased to cover the costs. Mayor Larsen opened the public hearing on the 2007 Budget. Those in favor of the proposed budget: NONE Those neutral to the proposed budget: NONE Those opposed to the proposed budget: NONE Mayor Larsen closed the public input for the public hearing. Budget 1. approval for fiscal year 2007 – BILL 966 Council Member Benfield asked about the new hires in the budget. Mayor Larsen said the new hires would go through the City Council for approval. 2 Council Member Mann asked if the Planning and Zoning Administrator position had been bid. Mayor Larsen said it had not been bid yet. Council Member Stevens reviewed the Building Safety and Planning and Zoning budgets. Mayor Larsen explained the building permit fees will cover the building department expenses. Water, Sewer and Garbage 2.fee increase: Resolution 2006 – 09 RESOLUTION 2006 – 09 A resolution of the City of Rexburg, Idaho, adopting a new rate schedule for water, sewer, garbage and Tabernacle Civic Center fees. WHEREAS, the City Council desires to maintain the overall quality of life experienced by its constituents; and WHEREAS, the City Council desires to collect from all water, sewer, garbage and Tabernacle Civic Center users an equitable user fee that reflects their appropriate share of operating costs, depreciation and debt service; NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Rexburg, effective October 1, 2006, the water, sewer, garbage and Tabernacle Civic Center fees to be charged shall be as follows: CITY OF REXBURG UTILITY RATE SCHEDULE as of 10-1-06 Water last increased: Oct 2000 Sewer last increased: WATER & SEWER Oct 2005 ---------IN CITY--------- -----OUT OF CITY----- MONTHLY MINIMUMS WATER SEWER WATER SEWER .75 inch $ 12.65 $ 10.57 $ 16.45 $ 13.74 1.00 inch $ 31.63 $ 26.43 $ 41.11 $ 34.35 1.25 inch $ 44.28 $ 37.00 $ 57.56 $ 48.09 1.50 inch $ 56.93 $ 47.57 $ 74.00 $ 61.83 2.00 inch $ 82.23 $ 68.71 $ 106.89 $ 89.32 3.00 inch $ 120.18 $ 100.42 $ 156.23 $ 130.54 4.00 inch $ 151.80 $ 126.84 $ 197.34 $ 164.89 6.00 inch $ 303.60 $ 253.68 $ 394.68 $ 329.78 8.00 inch $ 455.40 $ 380.52 $ 592.02 $ 494.68 Minimum Gallons: 6,000 0 6,000 0 Overage Rates per 1000: $ 0.577 $ 2.170 $ 0.750 $ 2.821 Over 1 Million Gals per 1000: $ 0.577 $ 2.170 $ 0.750 $ 2.821 Sugar & Teton Cities: n/a n/a n/a 1.39 Hook-up Fees last increased HOOKUP FEES (not including materials) 8/3/05 Minimum and All Homes $ 1,550.00 $ 1,000.00 $ 2,325.00 $ 1,500.00 Over 328 gal/day n/a $ 3.05 n/a $ 4.58 Over 1667 gal/day $ 0.93 n/a $ 1.40 n/a Per Singles Apt. (6 Students) $ 380.00 $ 762.00 $ 570.00 $ 1,143.00 Per Family Housing Apartment $ 598.00 $ 410.00 $ 897.00 $ 615.00 3/4" Meter & Parts Cost $ 317.00 n/a $ 475.50 n/a 1" Meter & Parts Cost $ 417.00 n/a $ 625.50 n/a 3 MAIN LINE FEES per front foot $ 15.00 $ 15.00 $ 22.50 $ 22.50 plus area over 250 ft from main $625/acre $625/acre n/a n/a Garbage last increased: Oct 1999 GARBAGE Monthly Per Pickup 90 Gallon Roll-out (Black) Weekly 15.00 3.75 90 Gallon Roll-out (Green) Bi-weekly 9.50 4.75 Size in Yards 1.5 2 3 Size in Gallons 300 400 600 Charge Per Pickup 8.50 10.00 13.00 Pickups Per Week 1 34.00 40.00 52.00 2 68.00 80.00 104.00 3 102.00 120.00 156.00 4 136.00 160.00 208.00 5 170.00 200.00 260.00 6 204.00 240.00 312.00 Rental of 3 Yd Bin: Delivery of Bin Charge 20.00 Pickup of Bin Charge 20.00 Rexburg Tabernacle Proposed New Rental Rates & Fee Schedule Rates for Profit Groups (admission charged) Peak Rate, Evenings and Saturday: $120 for first three hours; $40 per each additional hour Non Peak Rate, Days and Sunday: $55 for first three hours; $20 per each additional hour Stage Lighting, Sound Operator Fee: To be $125 per event (Small groups can pay the Sound Operator Fee of $12.50 per hour for one operator if there is limited equipment needed.) Rates for Non Profit Groups (no admission charged) Peak Rate, Evenings and Saturday: $60 for first three hours; $25 per each additional hour Non Peak Rate, Days and Sunday: $35 for first three hours; $12 per each additional hour Stage Lighting, Sound Operator Fee: To be $125 per event (Small groups can pay the Sound Operator Fee of $12.50 per hour for one operator if there is limited equipment needed.) Annual Non Profit Group Peak Rate: $500 Annual Non Profit Group Non Peak Rate: $300 Deposit: To be $150.00 plus the fees for rental and if needed Stage, Lighting, Sound Operator. Custodial clean-up -- $50.00; Damage deposit -- $100.00. Same for all Groups! This can be refunded if no major clean up or damage has occurred. This will be determined by an inspection after use of the Tabernacle. Light and Sound Technicians: $12.50 per hour. Definitions: For Profit Groups - any group that charges (by ticket or donation) with the intent to have a profit after their production was completed. Non-Profit Groups - any group that has an event without an entrance fee or has a volunteer donation to cover only the cost of production and rent. 4 Peak Rate - is time of after 5 PM for week days and all day Saturday Non Peak Rate - is day time up to 5 PM for week days and all day Sunday Annual Non Profit Group Rate - There are two musical groups that meet regularly for rehearsals and practices. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS ____ DAY OF ________________, 2006. __________________________________ SHAWN LARSEN, MAYOR ATTEST: _________________________________ BLAIR KAY, CITY CLERK Mayor Larsen asked Deputy Finance Officer Nielson to review the new numbers. Matt explained this is the first increase for water since the year 2000, garbage rates have not changed since the year 1999, and waste water rates increased last year. The proposed rate increases are noted below: Percent increase Water rates: 3% for fixed costs 7% for variable costs Collection & billing percent increase Sewer rates: 8.4% Treatment cost percent increase Rexburg 6.9% Sugar City 4.5% Teton 4.5% Garbage rates:Weekly pickup Bi-weekly 90 gallon 7.14% 11.76% 1.5 yard containers 13.33% 2 yard containers 11.11% 3 yard containers 8.33% average homelarge The ’s proposed fee increase for water, sewer, and garbage is 3.78%. A home’s proposed fee increase for water, sewer, and garbage is 5.58%. Council Member Young asked if the expenditures have gone up, how has the city covered the increased costs. Mayor Larsen said the costs were covered by the reserve fund. Council Member Mann asked if the reserve would cover the increased expenses for a year. Public Works Director Millar did not believe there were sufficient reserves to cover a year of inflation. 3.Tabernacle Civic Center usage fees increase: Resolution 2006 – 09 Deputy Finance Officer Nielson reviewed the proposed tabernacle rates. The rates are divided into two groups. The profit rates are for admission charges and the non-profit rate is a different rate. Mayor Larsen said these would be Civic Center rates for the tabernacle and the Romance Theatre. Council Member Stevens asked if both buildings would have the same rates because there are two different committees. The expenses are in the same category (Civic Center) for both buildings. 5 Council Member Benfield asked to review the rates for large and small events. Mayor Larsen asked to have the rates spelled out for the small and large events. Council Member Erickson asked if the rate could be $12.50 per hour to allow for a variable rate based on the time a technician was needed. Mayor Larsen asked the rate to be $125.00 per event or $12.50 per hour not to exceed $125.00 for one person. If more than one technician was needed, it would be $125.00 for the event. Mayor Larsen opened the public hearing. Those in favor of the proposed budget: NONE Those neutral to the proposed budget: NONE Those opposed to the proposed budget: NONE Mayor Larsen closed the public input for the public hearing. Council Member Mann moved to consider passed with the RESOLUTION 2006 – 09 associated budget; Council Member Benfield seconded the motion; Discussion: Changes are The motion carried. active in October, 2006. All voted aye, none opposed. New Business: A.Employee rest and meal periods – Staff Deputy Finance Officer Nielson reviewed the Employee Handbook policy on employee breaks and meal periods. A 25 minute break can be used for lunch. The department heads and employee committee have approved the policy. It clarifies a break can not be taken at the end of the day to leave early. It is not intended to shorten the work day. They can combine the two breaks to lengthen the lunch hour for an eight hour day. Using the break times for a lunch break is possible if the combined breaks are less than 29 minutes. Council Member Stevens asked to require field personnel to have the required breaks and a lunch break because of the physical nature of their jobs. Council Member Erickson had some concerns with using the break times for a lunch break. Council Member Erickson moved to approve the employee rest and meal periods policy; Council Member Stevens seconded the motion; all voted aye, none opposed. The motion carried. B.Review amendments to fiscal year 2006 Budget; schedule for Public Hearing on August 16, 2006. Deputy Finance Officer Nielson explained the reasons to revisit the addition revenues that were not included in the 2006 budget. There are a variety of new revenues to come into the 2006 budget. These budget additions are proposed for a public hearing August 16, 2006. The Legacy Flight Museum has $81,000 of revenue to add to the budget. The associated expenses for this budget item are $81,000. Council Member Benfield asked about the Romance Theatre Budget. Council Member Erickson asked if all the estimated additional revenues can be put in a contingency fund where possible. Mayor Larsen said this request was an accounting entry to book additional revenue which covers the associated expenses. Council Member Erickson was concerned with the appearance of the budget. It looks like it can be expensed when the revenue is received. He would like to set some of the money aside in a contingency fund. City Attorney Zollinger said expenses have to be budgeted; however, revenues don’t have to be budgeted. This budget amendment request is to correct the 2006 budget to cover additional revenues and expenses. Council Member Erickson asked to have a policy to save a portion of revenue to a reserve fund to help with street improvements. Mayor Larsen asked for a motion. 6 Council Member Benfield moved to schedule a public hearing on August 16, 2006 at 8:00 P.M. to amend the fiscal year 2006 Budget; Council Member Mann seconded the motion; all voted aye, none opposed. The motion carried. C.Final Plat for Riverwoods Townhomes, Division 2 – Brandon Jenks Public Works Director Millar reviewed the proposed plat on the overhead screen. The plat meets the ordinance requirements. Council Member Stevens moved to approve the final plat for Riverwoods Townhomes, Division 2; Council Member Young seconded the motion; all voted aye, none opposed. The motion carried. D.Final Plat for Harvest Heights, Division 2B Richard Smith reviewed the final plat for Harvest Heights, Division 2B on the overhead screen. It was split into separate plats; 2A and 2B. The plat was recommended for approval by Planning and th Zoning. 7 North was moved on the plat to allow for the proper line of site at the intersection. There is a pocket park planned to be maintained by the homeowners association. There are preliminary discussions to make it a public park area for the pathway. E.Council Member Stevens moved to approve the Final Plat for Harvest Heights, Division 2B; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. F.Final Plat for Henderson Addition Division 3 nd Kurt Roland at 310 north 2 east suite 125, representing Bill Henderson reviewed the plat on the overhead screen. The plat has been recommended by the Planning and Zoning Commission. Mayor Larsen asked about the plan for improving Pioneer Road. Bill Henderson wants to put a berm and trees on Pioneer Road. The protective covenants (CCR) will require a uniform fence along Pioneer Road. Council Member Mann said it is a major road that needs a common fence for curb appeal. Council Member Erickson requested a common fence for the street. Mayor Larsen said it is a huge mistake to allow a development without improving the road. The additional population will need improvements to the road. Public Works Director Millar said the road has been developed without a curb and gutter requirement due to a policy set for the development of that road eight or nine years ago. The West States Development has installed curb and gutter on their own property along Pioneer Road. Kartchner Homes and others have built along Pioneer Road without curb and gutter. City Attorney Zollinger explained there is missing sections of curb and gutter on Pioneer Road because the city did not require the curb and gutter if the lot did not have access to Pioneer Road. Council Member Erickson agreed curb and gutter is needed on Pioneer Road; even if it is done by an LID. It is going to be a main thoroughfare in the city. Mayor Larsen said the bike path is not working on Pioneer Road. City Attorney Zollinger noted the bike path is being used for parking and the roadway where there is curb and gutter. Mayor Larsen said this was an opportunity to have a plan to fix the problem. This development should not be approved without a plan to fix the problem in that area. Some developers are putting curb and gutter on Pioneer Road on their own. Council Member Mann asked Winston Dyer if Planning and Zoning raised this issue. Winston said they did not review the road engineering. Richard Smith said new developments should have uniform requirements to improve the roads. His development was th required to build 7 South including providing right-of-way. Council Member Erickson recommended requiring curb and gutter on this road. The City Council discussed the need to have curb and gutter uniformly installed on Pioneer Road. Mayor Larsen asked to have the bike path redesigned off the street. Mayor Larsen compared 7 Pioneer Road to Sunny Side Road in Idaho Falls. He asked to have the developer participate in moving the bike path. Council Member Mann asked to send it back to Public Works Director Millar for the additional work. Council Member Stevens asked to approve the plat with conditions. City Attorney Zollinger explained the City Council could direct Public Works Director Millar to address the road profile in the development agreement. Mayor Larsen asked to have City Council see the road plans or vision for Pioneer Road from Public Works Director Millar. Council Member Young moved to approve the Final Plat for Henderson Addition Division 3 with conditions: 1) The CCR’s will require a uniform fence on Pioneer Road. 2) The development will meet road policy. Council Member Benfield seconded the motion. Discussion: Council Member Stevens asked to change wording to say “participate in curb and gutter.” Public Works Director Millar recommended changing the wording to say “the development must be consistent with the typically approved city’s cross road sections at a minimum and include a bike path as an integral part of the development. City Attorney Zollinger explained the city does have a street cross section including a bike path. The street width may not be the same in this case. The motion could state to “build their road with a typical city road cross section as modified and approved by the City Engineer.” Council Member Young amended his motion to say “to approve the final plat for Henderson Addition Division 3 with the conditions: 1) The CCR’s will require a uniform fence on Pioneer Road. 2) The development will meet road policy and “build their road with a typical city road cross section as modified and approved by the City Engineer.” Council Member Benfield seconded the amended motion; Mayor Larsen said a change or modification in the road cross section needs City Council approval. All voted aye, none opposed. The motion carried. Public Works Director Millar said it would be a fifty (50) foot road. G.Historic structure donation Parks, Recreation, & Arts Director Bowman said Mr. Lowell Parkinson from Hibbert has a log cabin formerly used by an old Rexburg surveyor named Andrew S. Anderson. He wants to donate the log cabin to the city for a flood museum display piece in a city park. It is about 15’ x 15’. Council Member Young asked if it could be hauled to the city in one piece. The building is located on 3000 West near 1000 North. Smith Park was one possible site for the building or the LP property. Council Member Erickson said there is not a good place to put it in the city parks. If the city did have a location near the museum, it would be nice to have in the city. Council Member Mann did not see this building as a draw for children in the park. He was not sure where it could be located. Council Member Benfield was concerned with the expense. Council Member Stevens would like to see the structure before a decision is finalized. He referenced a very nice display in Teton County by Huntsman Corporation to display the local heritage. Council Member Erickson asked to “pass” on the opportunity unless there is a location to put it. After the City Council’s discussion of the proposal, Parks, Recreation, & Arts Director Bowman said he will say “thank you” but “no thank you” because the city does not have a site available for a pioneer park. Report on Projects: John Millar A. University Boulevard discussion Public Works Director Millar discussed the deadline for the University Boulevard plans to be turned into the state highway department. The right-of-way easements have been obtained. The final plans with revisions were given to LTAC last Friday. The LTAC Board approved the additional funding with city participation. LTAC will bid the project and build the project. The city will have to add $250,000 to the additional LTAC funds of $2,250,000 to secure the project. City Council Member Erickson reviewed the short fall of funds and the city’s portion of the short fall. Public Works Director Millar said the city has the funds set aside to cover the short fall through transportation funding agreements with the university. Mayor Larsen explained the LTAC Board is a balancing committee for transportation funding. The LTAC Board voted to give the additional 8 $2,250,000 towards a total cost of about $5,000,000 for the project. The city will pay 7.53% of the project or about $500,000. Council Member Mann said the city funds are set aside for the project. Council Member Benfield moved to ratify the Mayor’s commitment of $250,000 in additional funding for the project; Council Member Young seconded the motion; Discussion: Council Member Erickson asked if City Council could have used the money for other city streets. Attorney Richard Smith explained the money came from an agreement with the university to provide funding for a road in exchange for the development of Viking Drive. He explained the university had spent $50,000 for engineering and the final design of University Boulevard plus $240,000 for this project th came from agreements ten years ago with the university to develop Viking Drive and 7 South. It was all part of a package agreement. The university has given money along the way to help with the transportation needs of the city. Mayor Larsen called for a vote on the motion; all voted aye, none opposed. The motion carried. Public Works Director Millar mentioned bids are expected on the north alley next week. The Splash Park structure is being put together. There should be water in the facility next week. The concrete and final grading are being completed. The Splash Park will be completely done when the Splash Park project is opened. Public Works Director Millar explained the LID35 bids will be out for bid next week. Council Member Mann asked when the sidewalk policy goes into effect. The resolution clause states the City Council can request sidewalks when they are the last two parcels (pieces) on the street without sidewalks. Council Member Erickson asked Public Works Director Millar when the start date for street re- construction is planned for Reed Street and Morgan Drive. John said the first week in September is the planned start date for those streets. Council Member Erickson explained the problems associated with installing curb and gutter in a street. There is a hole in the street adjacent to the new curb and gutter installations. Public Works Director Millar said the city crew is monitoring those holes to make sure they have been filled with gravel until the pending street reconstruction work is completed. Calendared Bills and Tabled Items: A. BILL Introductions: 1. BILL 967 – Amend Ordinance 943 Annual Appropriations Budget for 2006 This BILL was reviewed with the prior discussion to adjust the fiscal year 2006 Budget and schedule the BILL for a Public Hearing on August 16, 2006. B. First Reading: Those items which are being introduced for first reading. BILL 966 – Annual Appropriations Budget for 2007 1. Fiscal year 2007 This BILL was reviewed with the prior discussion in the public hearing for the Budget. Mayor Larsen called for a roll call vote on the first reading of BILL 966. Annual Appropriations Budget for 2007 as Council Member Erickson moved to consider the first read; Council Member Mann seconded the motion; Those voting aye Those voting nay Council President Benfield None Council Member Young Council Member Mann Council Member Erickson Council Member Stevens The motion carried. C. Second Reading: Those items which have been first read.– NONE D. Third Reading: Those items which have been second read. – NONE 9 Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table: - NONE Old Business: NONE Mayor’s Report: NONE Executive Session: – Pursuant to State Statute 67-2345 Council Member Stevens moved to go into executive session for a personnel matter; Council Member Benfield seconded the motion; Mayor Larsen called for a roll call vote for an executive session; Those voting aye Those voting nay Council President Benfield None Council Member Young Council Member Mann Council Member Erickson Council Member Stevens The motion carried. Executive Session: Executive Session ended. Adjournment ____________________________ Shawn Larsen, Mayor _________________________ Blair D. Kay, City Clerk 10