City Council Meeting October 20, 2009 City of Rigby City Council Meeting October 20, 2009 7:00 p.m. Mayor Smith welcomed everyone to the meeting and turned the time over to Scout Ken Jensen who invited everyone to join him in the pledge of allegiance. Mayor Smith then turned the time over to Councilman Marriottt who gave the prayer. Dave Swager, City Clerk/Treasurer, performed roll call. Those present were: Mayor Smith, Councilman Marriott, Councilman Simonson, Councilwoman Poole, Councilman Day, Councilman Blackburn and Councilman Maloney. Drinking Water Grant Study Mayor Smith stated the next item on the agenda was the drinking water grant study and turned the time over to Mike McCowin, Building OfficiaVPublic Works for the presentation. Mike McCowin explained that Mike Jaglowski and Roland Rocha came in from Keller Associates and held a work study on the City's water grant and provided some really good information. Mr. McCowin turned the time over to Mike Jaglowski to give further explanation. Mike Jaglowski of Keller Associates stated that for the past year Keller Associates had been diving into the city's water system trying to get a better understanding of it. Mr. Jaglowski stated they had held a work meeting earlier this evening in order to update the public works staff and available council members on what they are looking at. Mr. Jaglowski stated he felt they came out of this work study with an understanding of the work that is ahead of the city, both immediate and future in regards to the water system. Mr. Jaglowski explained there had been discussions regarding how much could be pushed through the system and what could be pulled from the ground. Mr. Jaglowski explained from their point of view they are in the 50-75% area of finishing everything they can do with the information they have. Mr. Jaglowski explained that in speaking with Mr. McCowin and Jim Andersen, Water Supervisor, they were able to mark down some additional pipes they had been unaware of and also gained some additional information they can update their model with. Mr. Jaglowski stated they had posed various situations and gave summaries of what the city can expect on the back side of this study. Mr. Jaglowski stated some things to expect would be a calibrated, computerized model that can be used throughout the system for any kind of scenario or planning event and also a document that will record the existing conditions and a capital improvement plan that will be tied to connections. Mr. Jaglowski explained that once there are a certain number of connections it will trigger a set of assets that need completed before going to another group of connections. Councilman Blackburn asked Mr. Jaglowski to please emphasize the purpose of this model being to provide direction and help for the city when issues of growth and other problems arise. Mr. Jaglowski explained their goal was to have a calibrated model provided for the city which would aid as a planning tool. Mr. Jaglowski explained the analysis they do is to traditionally predict a build out and where different assets need to be placed as well as different distribution lines. Mr. Jaglowski stated this model could also be used to help predict the changes in land uses are being done. Mr. Jaglowski stated this model could also help with new businesses 1 City Council Meeting October 20, 2009 and industries coming into the city by allowing predictions on how the water system could react to the different types of flow. Mr. Jaglowski stated the most common scenarios are if this type of business goes in could the city provide suppression or fire flow or would the city be able to accommodate that type of flow and this model would be able to help answer these types of questions. Mr. Jaglowski stated they planned to hold another work session when they were at 90% and be able to exercise the model in front of them to show how it works. PeddlerlSolicitor Ordinance- Mayor Smith stated the next item on the agenda was the peddler/solicitor ordinance and turned the time over to Paula Sessions, Planning and Zoning Administrator, for her presentation. Mrs. Sessions distributed documents to the council for their review as she spoke. Mrs. Sessions stated there were two documents and explained the first one is how the city code currently reads and explained there is no allowance for solicitation. Mrs. Sessions explained solicitation by definition is anyone going door-to-door asking for anything from financial gain, contributions or even representing a company for marketing. Mrs. Sessions stated that by definition a peddler is someone that actually carries the merchandise with them in hopes of disposing it upon someone else. Mrs. Sessions stated the other document was a proposed ordinance that would update the existing code, provide definitions and allow monitored solicitation. Mrs. Sessions explained that this particular code had not been updated since 1980 and the city was receiving requests from a lot of people asking for permission to go door-to-door. Mrs. Sessions explained that currently.the code was hard to enforce and even more difficult to defend and after speaking with Robin Dunn, City Attorney, they had discussed the option of repealing this ordinance completely. Mr. Dunn interjected and explained there had been a group come in awhile back quoting free commerce and trade and their rights and even sent him a brief regarding case laws and explained it would be difficult if not impossible to prevail if someone was to challenge the code. Mr. Dunn explained the current code also prohibits religious groups from going door to door. Mr. Dunn explained this type of code was meant to protect the vulnerable such as the elderly from scam artists but expressed his opinion to not have the ordinance and allow people to be able to say no if they want to. Mr. Dunn explained that trying to protect people from themselves is a difficult proposition. Mr. Dunn stated that if the council chose not to repeal the code then there had been a proposed ordinance in place that is not real strong but does allow door-to-door solicitors/peddlers to at least check in with the city. Mrs. Sessions stated the reason this was brought up this evening was a gentleman came to her and stated he was going to be working with the Edward Jones office here in Rigby and requested the ability to go door-to-door and give out business cards and information. Mrs. Sessions explained that she contacted Justin Tawzer from Edward Jones to make sure Todd Carey was in fact working with him before even requesting this item be placed on the agenda. Mrs. Sessions stated that after speaking with Mr. Tawzer and confirming Mr. Carey would be working with him she had discussions with Mayor Smith and because there was a difference in interpretation of the code this became an agenda item. Councilwoman Poole asked if there was this new ordinance would it make people check in with the city and Mr. Dunn stated that was correct. Mr. Dunn explained the new ordinance would allow for solicitation and that person would need to check into city hall and fill out a form that will be put together. Councilwoman Poole asked if someone came in that was of some concern would this ordinance provide for that. Mr. Dunn stated it would merely let the city know there was someone out there they didn't necessarily agree with but it would not prohibit them. Councilman Blackburn referred to the scouting program when they knock on doors getting food donations and asked if they would have to obtain a permit to 2 City Council Meeting October 20, 2009 continue. Mrs. Sessions stated that was correct and explained that right now they were actually not allowed to do this as per city code. Mr. Dunn stated this restriction also applied to the Red Cross, Lion's Club or Elks as well. Councilman Blackburn asked if this applied to someone running for office going out knocking on doors and Mrs. Sessions stated that was correct. Mayor Smith stated that he would like to agree with the city attorney and not have this ordinance because even if someone didn't want to register with the city it could not really be enforced. Mayor Smith explained that by the time the ordinance was advertised and the public hearing was held the city would have spent a lot of time and money on something that really is not of much benefit. Mrs. Sessions stated that it had been brought to her attention that people were out doing this without permission, against city code and had no problems. Mrs. Sessions also stated there were times that someone did complain and called the police department and an officer had been dispatched and either the person left before the officer arrived or they were found later and told they could not solicit within the city. Mrs. Sessions stated this does cause some frustration for the legitimate businesses that are trying to get their names out there and let people know about them. Mrs. Sessions stated that she believed the code was originally written to protect people but was concerned because it was so outdated. Justin Tawzer of Edward Jones came forward and stated he has been doing business in the City of Rigby for 8 '/z years and was unaware of this code until recently. Mr. Tawzer explained he would have Mr. Carey working with him and stated he understood if there was concern over having two representatives in a small town like Rigby but explained they covered Jefferson County as well. Mr. Tawzer stated they wanted to keep the money around here and explained there were people who invested their money with firms in other states and they wanted to let people know they were here and could provide the same if not better service right here at home. Mr. Tawzer explained that as a property taxpayer he would like the ability to go door-to-door and present themselves, hand out business cards, and let people know they are here in town with the ability to service accounts and keep the money locally. Mr. Tawzer stated he felt this was a win-win situation for everyone involved. Mayor Smith stated he was of the opinion to repeal this code but stated it was the decision of the council to repeal, leave as it is or adopt this new ordinance. Councilman Day asked what other cities were doing and Mrs. Sessions stated Idaho Falls and Rexburg have no ordinance but state if you don't want solicitors you post it in your window. Councilman Blackburn stated that even if the sign was posted and someone left a card or flyer but didn't knock this would be acceptable and Mrs. Sessions stated that was correct and Mr. Dunn stated to make sure that it was not left in the mailbox because that violates federal law. Councilman Maloney moved to repeal the current code and not create another one. Councilwoman Poole seconded. All were in favor. Annexation Ordinance Update- Mayor Smith stated the next item on the agenda was an annexation update and turned the time over to Paula Sessions, Planning and Zoning Administrator, for the presentation. Mrs. Sessions displayed a map and distributed smaller copies to the council. Mrs. Sessions explained that about a year ago the council had made the request to do some annexations and clean up the city limits. Mrs. Sessions stated that Thompson Engineering had put together this map and boundary descriptions and she thanked Kevin Thompson of Thompson Engineering for all the hard work he had put into this project. Mrs. Sessions explained the lines on the map and the different proposed annexations and some of the different concerns that had come up during this project. Mrs. Sessions stated that at this time she was needed direction from the council on how to 3 • City Council Meeting October 20, 2009 proceed. Mrs. Sessions stated the question became whether this item was to go in front of Planning and Zoning or straight to City Council. Mrs. Sessions explained this was a city initiated annexation and explained that by default the properties would be annexed as R-1 but stated some of these properties had other uses and therefore would be grandfathered. Mrs. Sessions explained the grandfathered rights and how those were protected and how they end. Mrs. Sessions went over some of the different colors on the map, the annexation procedures, public hearing and advertisement requirements. Councilman Blackburn asked that in regards to planning and zoning if they could foresee any issues coming from them. Councilman Blackburn stated that he valued their opinion and explained that was the reason for having the commission. Mrs. Sessions stated she could not think of anything they would add and explained they were aware this was coming. Mrs. Sessions explained the Census Bureau was supporting this change because it would make it easier for them. Mr. Dunn stated the direction and goal was to make straight lines and not be selective on who was annexed or not. Mr. Dunn stated there also needed to be an updated impact area but explained that would need to go through Planning and Zoning. There was a brief discussion regarding the different annexation categories, processes the city would need to take and how soon that could be accomplished. Mayor Smith asked what needed to be done next and Mrs. Sessions explained there would need to be advertisements of the public hearing and notices mailed to the property owners. Councilman Blackburn asked how soon this could be accomplished and Mrs. Sessions explained the first notice in the paper had to be at least fifteen (15) days prior to the public hearing and the second publication could be after that. Councilman Simonson asked if this went to Planning and Zoning would there need to be advertisement for that public hearing and then another advertisement when it came back to council and Mrs. Sessions stated that was correct. Councilman Simonson moved to proceed with this annexation process as quickly as possible. Mrs. Sessions asked for clarification on whether this would be at the council level and was told that was correct. Councilman Blackburn seconded. All were in favor. Mr. Dunn suggested that with the upcoming elections and the possibility of new council members the advertisement be done after elections. There was a brief discussion regarding the timeframe of elections. Elite Townhomes Subdivision- Mayor Smith stated the next item on the agenda was the Elite Townhomes Subdivision and turned the time over to their representative for the presentation. Kevin Thompson of Thompson Engineering, 215 Farnsworth Way, distributed some documents to the council and explained he was here this evening to discuss a condominium plat. Mr. Thompson referred to the document and stated this was a condominium plat as per Idaho Code Title 55, Chapter 15 and explained this was a lot within the Elite Townhome subdivision. Mr. Thompson explained that a condominium plat takes an existing lot and divides it up into units. Mr. Thompson explained these units described the place of residence as well as the grass area that goes with the unit. Mr. Thompson stated Rigby's City Code does not address condominiums and so by default they refer to Idaho Code. Mr. Thompson stated he wanted to present this, give an explanation and ask for the council blessing. Mr. Thompson stated the building units were already constructed and explained the purpose for this request was to have the ability to sell each unit off to individual customers. Mr. Thompson stated it would make these units go from being rented to being purchased and each owner would be responsible for maintenance. Mr. Dunn stated that his understanding of condo was that they didn't own the dirt underneath but just the building itself but 4 City Council Meeting October 20, 2009 did own it with a townhome. Mr. Thompson stated that under Title 55 Chapter 15 it gave definitions of the common wall and that under contents of declaration it can designate who owns what and maintains what. Mr. Thompson stated that under an association they have found that people do not maintain their property. Mr. Thompson stated that normally they wouldn't own the property but they wanted to add that into the unit description so the responsibility was clearly stated. Councilman Blackburn asked if he came in and purchased one of these units was there anything to keep him from renting that out and Mr. Thompson stated there was not because he would be the owner. Councilman Blackburn stated this was similar to what the city has seen with the units over on Caribou because the owner didn't keep up with the property and the renters suffer for that. Mr. Thompson stated the intent of this development from the beginning was to be able to sell each unit off and explained that was how they were platted. Councilman Simonson asked if he could come in and buy all four units and Mr. Thompson stated that was correct. Councilman Day asked what this was originally developed under and Mr. Thompson stated townhomes. Councilman Day asked if townhomes were individually owned and Mr. Thompson stated they could be. Councilman Day asked why they could not be sold as townhomes rather than what he was proposing tonight and Mr. Thompson explained there would be four families on one lot instead of each family having their own lot. Councilman Day asked what happened if it was only one lot and Mr. Thompson stated the owner of the development would be responsible for the property. Jeff Avery, developer of Elite Townhomes Subdivision, came forward and stated he has not changed anything from the beginning when this was first presented to the council. Mr. Avery stated they had intended to get the buildings built and then split them and sell them individually. Councilman Day asked if this issue should be going to Planning and Zoning first for recommendations and then to the council. Councilman Blackburn stated there was no documentation in front of him and the statements were made that this was the original intent but there was nothing to support them. Councilman Blackburn stated he would like to see something from Planning and Zoning or at least a recommendation from Mrs. Sessions. Mayor Smith asked Jim Andersen, Water Supervisor, if there were individual water shut-offs for each of the units and Mr. Andersen indicated there was. Councilwoman Poole asked if there was any protection for the city in keeping developers from platting a development and then selling off one lot and then placing four homes on that one lot. Mr. Thompson explained there were zoning requirements and this property was zoned to R-2 and had to be in order to comply with their intent. Mr. Thompson stated these were townhomes but to sell them off they had to go through the condominium act and understood it was confusing but there was a process. Councilman Day asked to hear if there was anything from Mike McCowin, Public Works Director. Mr. McCowin came forward and explained there were townhomes over in Caribou that were sold individually and now the owners are calling asking who takes care of the yards. Mr. McCowin explained there could be as many townhomes as they wanted as long as there was adequate fire suppression. Mr. McCowin explained condos were a little different and they had a committee to take care of their yards. Mr. McCowin stated the townhomes over on Caribou were sold as building only with no property and has to be fixed after the fact and explained this proposal was a way of correcting that before they were sold. Mr. McCowin explained that townhomes were used all over the place and is very common and allows for real property to be with the unit. Mr. McCowin stated he wasn't here when the subdivision started but knew that Mr. Avery had come to the council and asked for this building to be allowed to be a rental while he built revenue to pay for improvements within the development. Councilman Day asked Mr. McCowin what his recommendation would be 5 City Council Meeting October 20, 2009 and Mr. McCowin stated he was concerned over the center units being a little smaller but the subdivision itself was Elite Townhomes and explained it would be hard to say who had what if this wasn't done in order to complete the townhome process. Jim Andersen, Water Supervisor, came forward and stated there were four water valves on the property and they would cross onto someone's lot when you entered the building and not separated onto each lot. Mr. Andersen stated there may be problems with separation and requested and easement be granted. Mr. Dunn stated there would need to be a deed restriction on the sale and the developer would be the one to do that. Councilman Simonson asked for clarification on the request this evening and Mr. Thompson explained they were asking for approval to sell these individually and allow the ability to create separate lots. Mr. Dunn asked if this would be an amendment to the plat and Mr. Thompson explained the exterior boundaries would be the same and so this would be a supplement to the plat. Councilman Day asked why this was not platted this way to begin with and Mr. Thompson explained that at the beginning Mr. Avery wasn't sure how wide he was building and the lines need to match up with the common wall they are connected to. Councilman Blackburn asked if this procedurally would have any impact to proceed forward with their recommendation and Mr. Dunn stated that they were splitting hairs their and if its an amendment then it needs to go before planning and zoning and if it's a supplement then it goes before the council. Mr. Thompson explained the building was constructed and now they were asking for lines. Mr. Dunn asked if they were approving all future lines and Mr. Thompson explained this was just for the lot in question and no other. Mayor Smith asked if there were any advantages or disadvantages to the city and Mr. Dunn stated that was a political decision for the council. There was a brief discussion regarding this request being a supplement versus an amendment. There was a brief discussion regarding obtaining information from planning and zoning to confirm this request. Mr. Avery stated that he would like direction from the council on how to proceed and if he needed to go to Planning and Zoning he would but asked if they said to come back to the council that he not be sent to Planning and Zoning and therefore placed even further behind. Councilman Blackburn made the motion to remand this issue back to Planning and Zoning for their recommendation. Mr. Avery asked if they wanted him to pull the records and then go to Planning and Zoning and Councilman Blackburn suggested they be privy to that information and to get their recommendation. Councilman Simonson seconded. Councilman Day stated the utility easement needed to be documented as well. Councilman Blackburn amended his motion to include the deed restriction. Councilman Simonson seconded the amended motion. All were in favor. Recreation Building Lease- Mayor Smith stated the next item on the agenda was regarding the recreation building lease and turned the time over to Craig Kawamura for his presentation. Idaho Sports Academy (ISA) expressed interest in purchase or leasing the exercise equipment in the recreation center. ISA expressed a lease for the value of the equipment based on 10% of ISA gross receipts for a 5 year lease. ISA current monthly revenues average $6,750 month which Craig mentioned the lease to the city would be $675.00 per month. ISA would use card readers for ease of access for patrons. ISA would maintain all equipment. ISA is looking at rates around $20 for Rigby residence and $25 non-residence. Attorney Dunn expressed concern that one council can not encumber a succeeding council past one year; therefore the lease would have to be a year to year lease. 6 City Council Meeting October 20, 2009 Councilmen Marriott questioned if the lease or sale of the equipment, which would be in the best interest for the city. General comment was that some of the equipment would depreciate faster than others. Councilman Day was concerned about being able to track ISA gross revenues. Mayor Smith supported a fixed price arrangement. Attorney Dunn mentioned that a lease does not need to be put to bid. Councilman Simonson mentioned not to advertise ISA on the monthly water bill as it would compete with private business.Councilman Day expressed concern about recourse the city would have on ISA early termination of the lease and/or going out of business. Councilman Blackburn supports FMV of equipment vs. public auction being an auction could be at lower rate than an agreed upon value, he also support a fixed dollar lease. Councilman Simonson supported fixed dollar lease. Mayor Smith asked what ISA expectation regard decision on the equipment was. IAS responded that he is having Gym Outfitters from Boise coming in Thursday of this week to value the equipment. Gym Outfitters was the vender where most of the equipment was purchased from. After the valuation, ISA would like to have something in place between him and the city within two weeks. City clerk requested that a copy of the valuation be given to the city, which ISA concurred. Library Board Member: Mayor Smith introduced new library board member - Benson Taylor. Mr. Taylor gave a brief background on himself. Mayor Smith noted that Mr. Taylor requested an appointment vs. being asked to serve on the board. Mayor Smith asked for consent for the appointment of Benson Taylor to the library board. Voice vote - all in favor, none opposed. Mayor Smith brought Mr. Taylor forward and gave him the oath of office. Other Council Business: Jacob Hillman was looking for an Eagle Scout project. Councilman Marriot noted the rodeo grandstand needed work and to get with Steve Cook. Councilman Marriot commented that the clean up went well last Saturday. He also noted that the park in Pioneer Subdivision has been expanded to the west. He questioned Mike McCowin, public works sup't, how this happened. It was Councilman Marriot understanding that the hole" would be filled in, seeded and mowed. Mike indicated he would check into it. Public Works - McCowin -He was questioned about fencing the remained of the property for security reasons. Informed the council the treatment plant will be accepting septic dumps. McCowin thought funds from the private dumping fees could generate funds to complete the fencing. Councilman Day questioned the various studies being conducted by Keller & Assoc. Mayor Smith indicated the clerk was in the process of reviewing the various studies and would provide the council with his findings. Presently the city has unpaid fees to Keller for around $170,000. 7 City Council Meeting October 20, 2009 Discussion on next council meeting - Meeting is scheduled for Tuesday November 3 which conflicts with city election being held in the council cambers. Mayor Smith noted the council will have to canvass the votes within 6 days, it was decided to hold next meeting on Wednesday November 4, 2009. Bills Approved: Councilman Simonson moved to approve bills, seconded by Councilman Blackburn. Motion passed. Minutes Approved: Councilman Day moved to approve minutes, seconded by Councilman Blackburn. Motion passed. Public Comment: There was no one wishing to address the council. Adioumment: Councilman Simonson moved for adjournment. Councilman Maloney seconded. Voice vote to approve. Council adjourned 9:10 PM. 8 CITY OF RIG BY KEITH SMITH 158 W. Fremont Ave. Rigby, Idaho 83442 MAYOR Phone 208.745.8111 Fax 208.745.7111 "The Birth Place of Television" DAVID SWAGER, CPA CLERK/TREASURER ABSTRACT OF VOTES CITY RIGBY, IDAHO MUNICIPAL GENERAL ELECTION - NOVEMBER 3, 2009 For Mayor - Four-Year Term 0 position) Keith Smith 286 For Councilmember Four-Year Term Q positions) Lawrence Blackburn 254 Gae Lynne Hinckley 272 Cason Williamson 133 Gerd Zimmermann 226 Ballots Cast 327 Registered Electors on October 15, 2009 1563 Election Day Registrants 9 In-Person Absentee Registrants -0- Total Registered Electors 1581 Percentage of Registered Electors Voting 21% State of Idaho ) ) ss. City of Rigby ) We, the council members of the City of Rigby, acting as a Board of Canvassers of elections, do hereby state that this is a true and complete abstract of all votes cast within this City at the General Election held on November 3, 2009, as shown by the records now on file in the City Clerk's office. - Keith Smith, Mayor Lawrence Blackburn, Councilmember a e ce lackburn4~n-~ Ryan Day, Councilmember Mike Maloney, Councilmember George Marriott, Councilmember Sharron Poole, Councilmember Gerald Simonson, Councilmember State of Idaho ) ss. City of Rigby ) I, David Swager, City Clerk of the City of Rigby, do hereby certify that this is a full, true and complete copy of the abstract of votes for the candidates herein named as shown by the record of the Board of Canvassers filed in my office this 4th day of November, 2009. David Swager, City Clerk 2 MAYORAL PROCLAMATION - RIGBY UNITED WAY WEEK Nov. 9-15,2009 WHEREAS, the United Way of Idaho Falls & Bonneville, Fremont, Jefferson, Madison & Teton counties (hereinafter United Way) devotes its time and resources to improving the quality of life of residents throughout a five-county region that includes Rigby; and WHEREAS United Way will distribute more than $1.5 million this year in funding, supplies and equipment to 32 local social service agencies, other nonprofits and schools to help those in need; and WHEREAS, United Way contributions fund affordable daycare, emergency shelter, counseling, food assistance, tutoring, children's sports programs, scouting, mentoring, housing and job assistance, alcohol and drug rehabilitation, domestic violence intervention, hospice care, mental health and legal services; and WHEREAS, United Way is so effectively managed that it returns more than $1.50 to our region for each dollar it receives; WHEREAS, United Way is now conducting its annual fundraising campaign, and "TOGETHER WE MAKE A DIFFERENCE" NOW THEREFORE be it resolved, that I, Mayor Keith Smith do hereby proclaim Nov. 9-15 as "United Way Week" in Rigby and encourage all residents, businesses and institutions to support this outstanding organization and its fundraising effort. (Affix City Seal Here) Keith Smith, Mayor ATTEST: Dave Swager, Interim City Clerk