HomeMy WebLinkAbout2008.09.03 CITY COUNCIL MINUTES
1
September 03, 2008
Mayor Shawn Larsen
Council Members:
Christopher Mann – Council President
Rex Erickson Randy Schwendiman
Bart Steven Richard Woodland
Adam Stout
City Staff:
Stephen Zollinger — City Attorney
Richard Horner – Finance Officer
John Millar — Public Works Director
Val Christensen – Building Official
Blair Kay — City Clerk
7:00 P.M. City Hall – Pledge to the Flag
Roll Call of Council Members:
Present: Council Member Mann, Council Member Erickson, Council Member Stevens, Council
Member Schwendiman, Council Member Woodland, Council Member Stout and Mayor Larsen.
Mayor Larsen welcomed BYU-I students Melissa Van Uitert and Mindy Danielle Vanderlinden
as City of Rexburg interns to the meeting. They work in Customer Service at the front counter.
Mayor Larsen said they do a great job for the city.
Public Comment: on issues not scheduled on the agenda (limit 3 minutes)
Donna Benfield at 201 Millhollow Road requested to provide input at the public hearing on the
Comprehensive Plan portion of the meeting.
Lindsey Paine at 4611 North 375 West from the Madison Dragon’s Soccer team thanked the City
of Rexburg for the goals at the Nature Park. They are sponsoring a free soccer clinic at the Nature
Park on October 08, 2008. She asked for bleachers for the field. Mayor Larsen agreed to find more
information about available bleachers, and asked her to contact the City’s Recreation Director, Bob
Yeatman, who can assist with advertising the event.
Presentations:
1. Fair Housing Report – Val Christensen
Building Official Val Christensen indicated East Central Idaho Planning and Development
(ECIPDA) provided this report for grant applications. The Fair Housing Committee members are
Theresa Brown (Real estate agent), Jim Hirrlinger (Real estate mortgagee), Val Christensen (City
Building Official) and Brian Schmidt (Handicapped, BYU-I employee). Action items for the
committee include providing local literature for the public and reviewed city code for compliance to
fair housing requirements. The report will be sent off to HUD.
Council Member Stout asked if the Comprehensive Plan information came from the approved
plan or the draft plan. Building Official Christensen said the language from the draft plan was
utilized.
Council Member Mann moved to accept the Fair Housing Report; Council Member Stevens
seconded the motion; all voted aye, none opposed. The motion carried.
Committee Liaison Assignments for 2007:
A. Council Member Chris Mann Museum Committee · Beautification Committee · Emergency Services Board
Council Member Mann indicated the Emergency Services Board met this evening and approved
four new hires in Fire Department and Emergency Services. No other meetings were conducted.
There will be an open house from 3:00 P.M. to 5:00 P.M. tomorrow for Spencer Larsen’s retirement
party.
12 North Center
Rexburg, ID 83440
Phone: 208.359.3020 x313
Fax: 208.359.3022
blairk@rexburg.org
www.rexburg.org
City Council Meeting
September 03, 2008
2
B. Council Member Rex Erickson Golf Board · Planning & Zoning · Rexburg Redevelopment Agency
Council Member Erickson reported the Golf Board and the Planning and Zoning Commission
met while he was out of town. The Redevelopment Agency met this week; however, their decisions
would not be discussed at this meeting.
C. Council Member Bart Stevens Airport Board · Romance Theatre Committee · MYAB · School Board
Council Member Stevens reported the Mayor’s Youth Advisory Board (MYAB) met tonight and
elected leaders. The group is 73 strong this year compared to less than 20 in past years.
Council Member Stevens moved to ratify the 73 names to the MYAB for 2008-2009; Council
Member Woodland seconded the motion; all voted aye, none opposed. The motion carried.
D. Council Member Randy Schwendiman Parks & Recreation · Traffic & Safety Committee
Council Member Schwendiman reported the Hidden Valley Park and the Millhollow Road
triangle are completed. The irrigation systems are working well at both locations.
Mayor Larsen asked the City Council to ratify the appointment of Leslie Berger to the Parks and
Recreation Committee.
Council Member Mann moved to ratify Leslie Berger to the Parks and Recreation Committee;
Council Member Stevens seconded the motion; all voted aye, none opposed. The motion carried.
E. Council Member Richard Woodland Rexburg Arts Council · IBC Committee · Tabernacle Civic Center
- Nothing to report.
F. Council Member Adam Stout Legacy Flight Museum · Trails of Madison County
Council Member Stout reported the bike path from Rexburg to Sugar City has been paved with
Grant monies. The city has been qualified for a grant by using matching funds for improvements to
the trails system behind “Jack in the Box” restaurant. The grant for $90,000 has been approved. It
is good news. Mayor Larsen indicated at the request of the Tabernacle Board, the 1924 LaFance
Pumper Fire Truck has been moved to the Legacy Flight Museum for display. The building housing
the LaFrance Pumper Truck will be from the Tabernacle property.
Public Hearings:
7:20 P.M. Comprehensive Plan 2020 and Comprehensive Plan Map – Staff
(Resolution 2008 – 16 adopting the Comprehensive Plan Map)
Area One: 336 W. 3rd N. was recommended for approval by Planning and Zoning
Area Two: 208 E. 3rd S. was not recommended for approval by Planning and Zoning
Area Three: 130 W. 1st S. and 226 S. 1st W. were recommended for approval by Planning and Zoning
Area Four: Properties west of the Rexburg Medical Plaza were not recommended for approval by
Planning and Zoning.
Mayor Larsen provided some background with the recent meetings regarding the Draft
Comprehensive Plan and Map. The Draft Comprehensive Plan and Map was tabled August 20th
after hearing public testimony; and the draft plan was tabled again at a work meeting on August 25th.
A decision was made on August 25th to seek approval of the Comprehensive Plan Map and defer a
decision on the Comprehensive Plan document to a later meeting. The draft Comprehensive Plan
document will be discussed on September 17th; therefore, the discussion tonight will be on the Draft
Comprehensive Plan Map.
GIS Director Craig Rindlisbacher reviewed the Draft Comprehensive Plan Map and
acknowledged GIS Analyst Talsan Schulzke’s work on the map. The requested changes by staff and
City Council including applicant changes requested for Area One and Area Three are included on the
draft map. These changes have been discussed in earlier public meetings.
Council Member Mann asked for clarification on Neighborhood Commercial/Mixed Use and
Highway Commercial.
3
Planning and Zoning Administrator Leikness reviewed the difference between Neighborhood
Commercial/Mixed Use and Highway Commercial:
Neighborhood Commercial/Mixed Use applies to professional office land use:
(Zones allowed)
- (NBD) Neighborhood Commercial
- (PO) Professional Office
- (OS) Open Space
Highway Commercial:
(Zones allowed)
- (RBC) Regional Business Center
- (GBD) General Business District
- (CBC) Community Business Center
GIS Director Rindlisbacher noted map changes are identified by date on the draft maps. As the
changes are initiated on the draft maps, the maps are date stamped on the bottom of the map for a
historical record.
Mayor Larsen opened the public hearing on the Comprehensive Plan Map.
The City Council reviewed the changes proposed to the map.
Mayor Larsen reviewed the four areas requesting changes to the Comprehensive Plan.
Area 1:
(Located in the City of Rexburg) 336 W. 3rd N.
It is proposed that the following tract of land currently designated as “Moderate-High Density
Residential” as shown on the City of Rexburg Preferred Land Use Map be changed to “Industrial”:
Area One was recommended by Planning and Zoning for approval to City Council.
Area 2:
(Located in the City of Rexburg) 208 E. 3rd S.
It is proposed that the following tract of land currently designated as “Low-Moderate Residential”
as shown on the City of Rexburg Preferred Land Use Map be changed to “Moderate-High
Residential Density”:
Area Two was recommended by Planning and Zoning to be denied by City Council.
Area 3:
(Located in the City of Rexburg) 130 W. 1st S. and 226 S. 1st W.
It is proposed that the following tract of land currently designated as “Commercial” as shown on
the City of Rexburg Preferred Land Use Map be changed to “Mixed Use”:
Area Three was recommended by Planning and Zoning for approval to City Council.
Area 4: (Located in the City of Rexburg)
It is proposed that the following tract of land currently designated as “Low-Moderate Residential”
as shown on the City of Rexburg Preferred Land Use Map be changed to “Mixed-Use”:
Area Four properties were recommended by Planning and Zoning to be denied by City Council.
A. Legacy Leasing: 29 South 2nd East, 35 South 2nd East, 45 South 2nd East, 228 East Main,
219 East 1st South, and located directly behind the home at 219 East 1st South
1. 29 South 2nd East:
2. 35 South 2nd East:
3. 45 South 2nd East:
4. 228 East Main:
5. 219 East 1st South:
6. Located directly behind the home at 219 East 1st South:
7. Located directly behind the home at 29 South 2nd East:
4
8. Located directly behind the home at 35 South 2nd East:
9. Located directly behind the home at 45 South 2nd East:
10. Located directly behind the home at 55 South 2nd East:
11. Located directly behind the home at 65 South 2nd East:
The commercial property on 2nd East (Sakota & Hegstead properties) was also changed to Highway
Commercial on the draft map.
Donna Benfield at 201 Millhollow Road has property on 2nd East that has been changed on the
draft map. The new change was neighborhood Business District. She wants the Highway Business
District to remain on their property. 2nd East is the Commercial Corridor coming into Rexburg. She
would really appreciate Highway Business District for her property.
Dr. Steven Lofgran at 1216 Red Cedar Road speaking in support of Area Four. He practices
medicine in the Medical Plaza location. It is a very ideal area only 90 seconds from patient’s bedside
at the hospital. Dr.’s Bates and Lofgran want a location next to the hospital to practice medicine.
He is not a partner in the proposed medical buildings (buildings meshed with the community ideal
for members of the community) and Dr. Lofgran would not benefit financially from the proposed
new building. He did not think the area was compatible for rental housing.
Ken Sakota 1245 North 2nd East spoke in behalf of the family. He was pleased the four different
land uses for their land was changed back to a single commercial land use designation for the
property and he praised the City Council for their consistency.
JoAnn Nef at 208 East 3rd South reviewed their proposal. She wanted to clarify the situation with
the surrounding property. There is a high density building in the area. They have cleaned up a
neglected home. They are not asking for a high rise three story apartment building, Maverik, bed &
breakfast, or an alumni house. They are very consistent in protecting the neighborhood. They have
come up with the perfect compromise with three conditions. 1. Six girls only in the basement. 2.
Parking would be in the back yard of the home. She indicated the parking would not be visible from
3rd South. Students from out of the immediate area are the students that park along 3rd South and
encumber the neighbor’s property on 3rd South. 3. They will maintain the home as a beautiful
gateway to the beautiful eastern neighborhoods. If the City Council wants a conditioned approval
that there are girls in the basement; they can do it because there are three bedrooms in the basement;
therefore, she will be happy to do so. Two families would not cover the mortgage and pay
professional landscapers. Money gained from the girls would allow the owners to pay for
professional landscapers. The basement entry is not visible from 3rd South. There is no
encumbrance on the neighbors at all. This proposal is in the best interest of the neighborhood and
the community. This property is next to a three story apartment building. Mrs. Nef stated “our
purpose absolutely marries with your purposes in the Comprehensive Plan”. The proposal is next to
an arterial, across the street from campus, and it will be a great compromise. It is not a precedent for
the neighborhood. This home has the potential to be a beautiful gateway to the neighborhood.
Dr. Gary Lovell at 473 Morgan Drive has a medical office in the Professional Plaza. He has been a
part owner in the Professional Plan since 1983. He reviewed the Comprehensive Plan in place when
they purchased their properties. Commercial Business District was the land use designation at that
time. Dr. Lovell noted Mayor Porter said the area was planned as a commercial area. Anticipating
the opportunity to expand, they have 14 medical service providers working out of the Professional
Plaza office space. It is not a cheap thing to purchase the homes to expand the medical facilities.
The land use designation was changed against the recommendation of Planning and Zoning in 2002.
They were not notified of the change from commercial land use to residential land use in 2002.
When they purchased the homes, one of which was Mayor John Porter, they were advised it would
be a commercial district. If you would take an inventory of all of the property owners on a street
adjacent to this proposal, only two residents do not want it to be a commercial zone. Property
owners on the street have sent letters supporting the commercial land use designation. He asked the
City Council why they are being penalized from the original plan to have the area as commercial. He
requested the change back to commercial.
Dr. Robert Lofgran at 1299 Morning Side Drive indicated historically, the Professional Plaza was
established by a group of professionals for professionals. The medical staff at the hospital has
tripled in the last few years. He asked for a location close to the hospital to provide primary care to
patients at the hospital. The proximity of the professional office space being close to the hospital is
crucial to patient care. Seconds become very important for the doctors to be able to provide medical
care in primary practice. The internist need to be available to go to the hospital immediately to treat
the needs of new born babies in the special care nursery. He sees the need to have practitioners near
the hospital for patient care. Dr. Lofgran mentioned the trend in other communities to have
5
doctor’s offices close to hospitals. Since the hospital in Rexburg has made the decision to stay and
expand in their current location, Dr. Lofgran was of the opinion Rexburg would follow the trend of
professional offices near the hospital. Walgreens pharmacy and Rexburg Home Health have added
to the medial corridor in Rexburg. They have met with the neighbors in the neighborhood and the
majority of neighbors are in favor of the proposal.
Aaron Marshall at 115 East 1st South lives on the corner is fine with the plan. He purchased the
home a year ago. He is in favor of the proposal.
Pat Hinton at 55 South 2nd East lives at the home owned by her grandmother. Ms. Hinton will
become the owner at her grandmothers passing which is in Area 4. She currently pays property tax
and upkeep on the house as if it were her own. Her grandmother has requested the property remain
residential. She missed the neighborhood meeting because she was out of town. She said there
wasn’t a lot of notice to the neighbors for that particular meeting. She believes this is not the right
time to change that particular area, and she asked the doctors for more information on the plans so
they can reach a compromise. She encouraged the City Council to follow through with their
recommendations as discussed in the work meeting on the 25th of August and with the
recommendations of Planning and Zoning on July 17th.
Ron Lindsey at 70 South 3rd East, adjacent to professional plaza. He is concerned about the effects
the expansion of Professional Plaza will have on the neighborhood. Mr. Lindsey provided four
points for his concerns:
1. Opposed to more exits on 2nd East; he believes it will cause more traffic in neighborhood.
2. Houses are nice homes with nice garages and secure back yards.
3. No guarantee Professional Plaza will remain a medical services provider.
4. No specifics on the proposed building in a variable footprint.
Shawn Gee lives at 2252 East Hwy 33 in Sugar City and he is employed by Dr. Lovell and Dr.
Lofgran. He commented on the Comprehensive Plan Area Four. He reviewed the current status of
the homes in the area located between a commercial area and professional offices in their back yards.
If one looks at the history of the home sales in the neighborhood, he believes the homes would be
sold as rentals if left in the current land use plan of Low Density Residential. Dr. Lovell owns two
of the homes fronting 2nd East and he does a very nice job maintaining the landscape of the homes.
He pointed out future homes sales as rentals would let the neighborhood become rundown on one
of the busiest intersections in Rexburg. Mr. Gee believes leaving the area residential protects the
interests of one segment of property owners; however, it ignores the interests of the other property
owners. He has talked to some of the property owners who are approaching the time they would be
interested in selling their homes. Two of those property owners would like to sell their property as
commercial with the possibility of a professional overlay (development) in this area. The people
living there wanting to maintain a residential status would not be forced to sell; however, the people
who do want to sell may lose an opportunity to sell at the best price.
Evan Nef at 208 East 3rd South reiterated the need to consider the three story building recently built
to the south of the property which left the home vacant for three years. He stressed to the City
Council his wife’s (JoAnn Nef) proposal would be a great asset to the community.
Rob Meredith at 611 Autumn Court is a Medical Plaza Physician. He is concerned with the city’s
long term commitment for the area. Because of this lack of commitment to the area, the doctors are
hesitating to spend money with a firm to provide a plan to the neighbors. The doctors cannot
adequately guess the cost of building these new facilities. He was not sure why proposed commercial
use in addition to medical use would be a concern to the neighborhood. The area has a need for
parking so some commercial use may be necessary to have medical facilities due to the parking load
required for medical patients. Also, with the neighborhood’s close proximity to so many businesses,
he is amazed that people still refer to it as residential when it is clearly surrounded by professional
buildings. It is the very best spot for office space because it is so close to the hospital; especially for
the fields of obstetrics, gynecology, pediatrics, and internal medicine. There needs to be space close
to the hospital.
Richie Webb at 680 Wheatland Drive has been working with the doctors to put together a plan
workable from the doctor’s perspective and acceptable to the city and the neighborhoods. They
have had a neighborhood meeting and also they have gone door to door specifically on the west side
of Professional Plaza. The city and county have committed a large commitment to the hospital. The
doctors and patients have a need to have good access to the hospital. The proposed Comprehensive
Plan language has proposed business/neighborhood nodes where people can live and walk to
shopping areas. This project would meet those plans and objectives directly. They do not have a
specific plan at this time. Parking issues including size of buildings, whether single or multiple units
6
to maximize the available space have been reviewed. It is going to take time and money to come up
with a plan. Some property owners may want to sell their homes to add to the base of the project.
The Comprehensive Plan change would allow them to move forward with the city and the neighbors
to develop a plan. It is the appropriate use for this area. They would like to work with all concerned
if the Comprehensive Plan is amended.
Mayor Larsen closed the public testimony portion of the public hearing and asked for the City
Council’s deliberation.
Area One: Recommended for approval by Planning and Zoning. Mayor Larsen asked if anyone
had any concerns or changes to the map as recommended. No concerns.
Area Two: Recommended for denial by Planning and Zoning.
Area Two discussion:
Council Member Schwendiman asked whether the request made to change the house into girl’s
dormitory housing was different from the original request. Mayor Larsen clarified by indicating the
request dealt with the Comprehensive Plan and changing the house from Low to Medium Density
Residential. The other issue discussed was to only have dormitory housing in the basement. This
change to Medium Density Residential would allow the applicant the opportunity to submit a
proposal with conditions. The whole house would have the ability to be converted to dormitory
style housing. Council Member Schwendiman inquired whether or not the properties east of the
house are low density residential. Mayor Larsen indicated an upstairs/downstairs apartment would
be allowed in the current land use designation of Low Density Residential. City Attorney Zollinger
verified that they are indeed Low Density Residential Two (LDR-2).
Council Member Stout would like to consider the proposal a buffer and he believes changing the
house into girls housing would be a wise decision because the house has been vacant for so long.
The house is adjacent to an apartment building; therefore, he is in favor of changing the
Comprehensive Plan.
Council Member Schwendiman inquired as to how it was allowed to be used for something other
than a single family home for the last six years. City Attorney Zollinger explained the history since
the apartment housing was built south of the home six years ago. He stated that at one time it was
re-zoned because it was being used by the university; however, since then the zoning may have
reverted back to LDR-2. Since the apartment building was build south of the home, it has not been
used for single family housing.
Council Member Erickson had the idea the applicant was only proposing girls dormitory housing
in the basement. He questioned whether the issue at hand was to compromise and only put girls in
the basement.
City Attorney Zollinger explained the Comprehensive Plan has to be changed first before the
applicant can proceed with the proposed details for a compromise. The applicant can make a zone
change request based on a certain set of parameters. If the applicant changes their application to use
the whole house for dormitory housing, the city could turn down their request for a zone change
allowing dormitory housing. Dormitory housing constitutes more than two unrelated groups living
together.
Council Member Erickson was favorable to the basement being changed into a girl’s dormitory
and agreed with Council Member Stout.
Council Member Stevens was concerned about the discussion and the lack of neighbors present.
City Attorney Zollinger explained the change would only allow the opportunity for the change; not
the change. He clarifies that the comprehensive plan is a visioning document that states the furthest
we are allowing things to change, not necessarily that they would or have to change. Make the
change on the comprehensive plan and see if they can bring forward a proposal that you will allow.
Changing only the comprehensive plan doesn’t allow it; we provide them an opportunity to request
it. Council Member Erickson explained the dormitory housing in the basement is a different
situation from the original application because half of the homes up there along 2nd East have
apartments in the basement. City Attorney Zollinger explained the dormitory housing (more than
two unrelated groups) is different than family apartments in homes.
Council Member Erickson reasoned if the change from low to medium density was approved, the
city would have the opportunity to limit the number of people in the basement. City Attorney
7
Zollinger said the city would have a myriad of opportunities to condition their zone change upon a
specific request. The zone change could be allowed upon the following conditions. Failure to act
upon those conditions would result in a reverter. The last example was on Barney Dairy Road where
a zone change to Medium Density was allowed with conditions. The conditions were not met, so
the zoning reverted back to the original zone. Council Member Erickson indicated his agreement
with Council Member Stout with the aforementioned explanation. This will allow the city to control
the density in the home, so it does not give the applicant an open book. He did not have a personal
problem with the applicant developing their basement. Council Member Stevens wished the
applicant would have presented this proposal to the neighborhood in the first place. He was
uncomfortable with the absence of those who would have a desire to speak to this issue. City
Attorney Zollinger stated the city allowed the discussion in Planning and Zoning to go well beyond
the Comprehensive Plan discussion. The Comprehensive Plan document is to be used as a visioning
document for the community. The visioning document says this is the “maximum” the city is willing
to allow land use to occur in that area. It doesn’t say the city “will” allow it to change to this density;
only that it is where the city is willing to allow the density to go. If this corner lot is the location
where the city wants to create a buffer between High Density Residential to the south and Low
Density Residential to the east, then make the change on the Comprehensive Plan and see if the
applicant can bring forth a proposal the city will allow. Changing the density on the Comprehensive
Plan doesn’t allow it to happen; it only allows an opportunity to request the change. Council
Member Erickson agreed it was only an opportunity to request the change. It is not an open license.
Council Member Schwendiman stated the neighbors will have the opportunity to come in and
voice their opinions in a zone change hearing.
Council Member Mann said it is always hard when you talk in front of people you care about, but
he thought the citizens in that neighborhood made it quite clear how they felt. He never thought the
applicant was going to put 12 girls in the home because it would not qualify for student housing
without a managers unit. He thought people understood what the applicant was proposing the last
time they were here. He asked to keep the map the way it is without a change to this parcel.
Council Member Stevens referred to the three story apartment building south of this property as a
reason why the Porters left the home. He wanted to clarify indicating the Porters were a part of the
process to allow the three story building. It was all part of the arrangement for the Porters leaving
the home. City Attorney Zollinger explained it would be fair to say the Porters left while the three
story building was being built. He referred to a comment from Randall Porter in Planning and
Zoning stating they would never have allowed it to be built if they remained in the home.
Mayor Larsen took a poll of the City Council to see where the votes would land on Area 2.
Council Member Stout was in favor of a change, Council Member Schwendiman was in favor
of a change, Council Member Stevens wanted to keep it as is, Council Member Mann wanted to
keep it as is, Council Member Erickson was in favor of a change, and Council Member
Woodland was in favor of a change. Mayor Larsen said the final vote on the map would reflect the
change for this request.
City Attorney Zollinger explained the vote can’t be formalized on one individual area; else the
other areas would have to wait an additional six month for a decision.
Council Member Mann asked for clarification on the final vote. He wondered if there will there be
a vote for each area or just one vote for the entire map. City Attorney Zollinger explained there was
only one vote for the entire map, so a vote against one change would be a vote against the entire
map.
Area Three:
Mayor Larsen noted this area was recommended for approval by Planning and Zoning.
No concerns from the City Council.
Area Four:
Council Member Mann believes there is a compromise for this area. He believes there is a
compromise out there by working with the doctors and the neighbors. If the change is made
tonight, it would be too much of a blank check. He would like the doctors to come back with a plan
everyone is happy to see. It would take a little bit more planning; then, hopefully the city could then
change the map with a more agreeable compromise for both the neighbors and those at professional
plaza. He is opposed to changing the map tonight.
Council Member Stout didn’t believe this change was any different than the change to the old
Porter house. This change would be to a neighborhood commercial land use application. He
8
believes making the change to neighborhood commercial opens the door, but it doesn’t finish it.
There is still more that has to be approved through the zoning process.
Council Member Schwendiman agreed with Council Member Stout. He did not know how long
they could forestall a natural shift in this area at some point in time.
Council Member Erickson agreed the change should be made to commercial. He said the City
Council is just kidding ourselves by putting this change off. He thinks it should be changed to
reflect what the City Council thinks it is going to be in the future. It doesn’t mean anyone will have
to give up their home. It doesn’t mean anyone will have to sell their home. It doesn’t mean anyone
will have to do anything until a plan comes from Legacy Group stating this is what we want to do.
At that point the city can say yes or no to the proposal. It just opens the door for people who want
to sell their property. The change does not give the requestor a blank check. He believes the City
Council has their heads in the sand if they don’t think the area will change some time. He indicated
in the City Council work meeting on August 25, they would give the applicant an additional six
months to develop a plan which he did not agree was the right thing to do. Then the decision could
be made to allow the change or indicate it would never change. There was not a vote on the 25th
discussion to hold the City Council to a decision. If it comes to a vote, he supports the change. The
other concern he mentioned was the land use application for this area used to be commercial before
his time on the City Council. The property was purchased by people under the commercial land use
designation; and then the City Council stepped in and made a change which every City Council has
the right to do. So, people who bought property to make a change to the Professional Plaza are now
left out in left field because they can’t do anything with the property they had purchased. He
indicated he is in favor of the change to commercial land use.
Council Member Stevens would like to see some kind of compromise in Area Two with the Porter
home and the doctor’s proposal. He commented on the work he had done in the Porter home over
a 25 year period. He would like the property owners be able to utilize their basement; however, he
does not want to see the change without the neighbors being involved. Area Four, he understands
what it is like to plan for something when there is no light at the end of the tunnel. He understands
the concept of not wanting to spend a lot of money on a plan when there is no possibility. He
would like to see the developers develop a plan; but maybe the compromise is to change the land use
application which would allow the plan to be developed. The neighbors would understand within six
months they would see a proposed plan for the area. He would be opposed to a three story building
with a parking lot next to his home. Neighbors need to be involved. Maybe this is the vehicle to
allow the plan to be developed with input from the neighbors.
Council Member Woodland said the change to Area Four would benefit a number of property
owners who want to sell. Without the change, it would minimize the property values for a sale at a
future date. He would support the change.
Council Member Schwendiman said the point is looking at the land use application long term.
The applicant will have to come back to the city with some plans and other proposals in future
discussions which could control the development, parking, access, etc. The neighbors will have an
opportunity to provide input at that point in time. He would not approve a plan that allowed a lot of
traffic onto 2nd East. They would have to go through the Professional Plaza and access Main Street.
Mayor Larsen explained the discussion this evening on the Comprehensive Plan is for a land use
designation not a zone change. He stated the area has always been zoned LDR-1 and originally had
a Professional Plaza overlay, and the Comprehensive Plan had it labeled as commercial along 2nd
East, which have both changed. The decision made tonight doesn’t change any underline zoning
that currently exists on the property. If the applicants needed a zone change, the zone change
request would be brought up in Planning and Zoning Commission public hearing as well as in City
Council. Mayor Larsen indicated there seems to be support on the City Council to move the land
use designation forward to Neighborhood Commercial Mixed Use for Area Four.
The final requested change to the map was the Benfield’s property along 2nd East. Council
Member Mann would support their request to leave it the same as the Sakota’s property as
previously designated for commercial. Council Member Schwendiman and Council Member
Stevens agreed with Council Member Mann. Council Member Stout inquired as to the current
status of the Benfield property. Council Member Erickson stated that it is already commercial
property according to the map. He asked to change Benfield’s property and leave the remainder
south of them as recommended by Planning and Zoning. After discussion, Council Member
Erickson recommended changing Benfield’s property back to the commercial land use designation,
the same as Sakota’s and Hegsted’s.
9
Mayor Larsen reviewed the process of a Public Hearing August 06th and a work meeting on August
25th to take public testimony. There were a number of people providing input to the current
proposal. The challenge is a number of people involved in the process may not be at the meeting
this evening. The challenge will be to get the information discussed at this meeting out to the people
involved in the process. The City Council has the proposed Comprehensive Plan Map before them
with the changes as proposed on Area Two, Area Four, requested change on 2nd East, and the
Benfield property. Council Member Schwendiman confirmed the approval is only for the
Comprehensive Plan Map.
Council Member Stout stated at the NE corner of the University at 1st East and 3rd South there are
already apartments. Should it be changed back to low density or left at medium density residential?
City Attorney Zollinger stated that those apartments are not currently an issue. The reason they
talked about the ones up north was because it was to keep things the way they were on the existing
map. The aforementioned locations have not been publicized to be part of this discussion.
Council Member Stevens moved to accept the preferred Land Use Map dated September 3rd, 2008
with the land use changes as presented and discussed including the following:
A) Area 2: at 208 E. 3rd S. from “Low-Moderate Residential” to “Moderate-High Residential
Density”; and
B) Area 4: from “Low-Moderate Residential” to “Mixed-Use” including 29 South 2nd East, 35
South 2nd East, 45 South 2nd East, 228 East Main, 219 East 1st South, and Located directly
behind home at 219 East 1st South:
12. 29 South 2nd East:
13. 35 South 2nd East:
14. 45 South 2nd East:
15. 228 East Main:
16. 219 East 1st South:
17. Located directly behind the home at 219 East 1st South:
18. Located directly behind the home at 29 South 2nd East:
19. Located directly behind the home at 35 South 2nd East:
20. Located directly behind the home at 45 South 2nd East:
21. Located directly behind the home at 55 South 2nd East:
22. Located directly behind the home at 65 South 2nd East:;
C) The Benfield Property revert back to Highway Commercial on 2nd East adjacent to West
Moran View Road;
Council Member Stout seconded the motion; Discussion: Council Member Erickson indicated
Area One and Area Three would need to be included. Those changes were included on the map.
Council Member Mann stated he was in agreement with the land use change for the Benfield
property and some of the other changes by the City Council; however, he felt some of the changes
were a mistake to some of the neighborhoods. People made themselves very clear and expressed
how they feel in opposition to Area 2 and Area 4. The City Council is going right against what they
asked the City Council to do; and now the City Council is making a change, especially at the Nef
house. If the neighbors knew the City Council would do this tonight, they would be here in force to
let their feelings be know. He felt the neighbors walked away from the meeting the other night
thinking it was the end of the public hearing. He was unsure if all the neighbors had been notified of
the meeting here tonight; that this was going to come again for a change. They were aware of the
proposed change and they were against turning homes into apartments in their neighborhood. If he
votes nay, he wanted the City Council to know which two properties he was voting against. He felt
they were taking tools away from the local neighbors to have more input into that change. Mayor
Larsen called for a vote:
Those voting Aye Those voting Nay
Council Member Erickson Council Member Mann
Council Member Schwendiman
Council Member Stevens
Council Member Stout
Council Member Woodland
The motion carried.
10
(Five minute break)
8:00 P.M. Amendment to the 2008 fiscal year budget by appropriating additional monies
received by the City of Rexburg (BILL 1013 Amend Appropriation Budget Ordinance 2008) –
Richard Horner
Richard Horner reviewed the proposed amendment to the 2008 Budget. The projects have been
preapproved by the City Council. By state code the budget must be amended to close out this fiscal
year.
EXHIBIT A OF ORDINANCE 1013
CITY OF REXBURG
BUDGET TOTALS WITH AMENDMENTS FY 2008
FUND ORIGINAL
AMENDMENT FINAL REVENUE EXPENSE
GENERAL FUND 6,252,100 16,600 6,268,700 Grants Police
equipment
STREET FUND 2,528,700 2,500 2,531,200 Additional
revenues
Share of Parking
Lot
RECREATION FUND 210,100 28,400 238,500 Additional
revenues
Additional or
expanded
programs
TABERNACLE
OPERATIONS FUND
74,000 22,000 96,000 Grants & Gen
Fund
Transfers
ADA ramp,
wages, repairs
BUSINESS PARK FUND - 155,000 155,000 Sale of land Land Purchase
JOINT FIRE
EQUIPMENT FUND
354,800 210,200 565,000 Additional
revenues
Ladder truck
FIRE IMPACT FEE
CAPITAL FUND
71,600 31,700 103,300 Carryover
balances
Transfer to Joint
Equipment Fund
BUILDING SAFETY &
P&Z FUND
1,374,900 44,000 1,418,900 Additional
revenues
Share of Parking
Lot
DOWNTOWN
REVITALIZATION
FUND
665,000 78,500 743,500 Additional
LID & Sewer
revenues
Additional LID &
Sewer expenses
ROMANCE THEATRE
FUND
67,500 10,500 78,000 Grants &
admissions
Film screen &
programs
STREET NEW
CONSTRUCTION FUND
1,262,400 1,821,700 3,084,100 Contributed
Capital,
Contributions
& Carryovers
Contributed
Capital & Street
projects
MAYOR'S YOUTH
COMMITTEE FUND
5,000 1,000 6,000 Additional
fundraising
Additional
projects
INTEROPERABILITY
GRANT FUND
- 1,100,000 1,100,000 Grant
Received
Communications
Equipment
GOLF COURSE
CONSTRUCTION FUND
572,500 97,500 670,000 Loan New 9 holes
SEWER PLANT
CONSTRUCTION FUND
- 300,000 300,000 Capital
Reserve Fund
Finish 2007
upgrade
LID 31 DEBT SERVICE
FUND
69,500 56,000 125,500 Prepaid
Assessments
Prepay warrants
LID 32 DEBT SERVICE
FUND
26,000 21,000 47,000 Prepaid
Assessments
Prepay warrants
11
LID 33 DEBT SERVICE
FUND
40,500 60,000 100,500 Prepaid
Assessments
Prepay warrants
CLARK FAMILY
BENEFIT FUND
- 279,100 279,100 Contributions Trust
Expenditures
NON-AMENDED
FUNDS
23,701,500 23,701,500
GRAND TOTAL EXPENSE 37,276,100 4,335,700 41,611,800
Council Member Stout asked if the grant for the foot bridge by Jack in the Box should be in this
amended budget proposal. Mayor Larsen said it would not make this year’s budget, so it will be
added to next year’s budget.
Mayor Larsen opened the public hearing;
Public Input for or against the proposal: - NONE
Mayor Larsen closed the public hearing to public input and turned it over to the City Council for
deliberation. He explained the budget is on the third reading calendar and it needs to be passed at
this meeting in order to be in compliance with state code. It would require waving the rules.
Council Member Schwendiman moved to suspend the rules. Council Member Stevens seconded
the motion. Mayor Larsen asked for any discussion concerning the motion. Council Member Mann
asked if it was possible to wait until the 17th to vote. Mayor Larsen stated that it had to be decided
by the 17th. Discussion on when to suspend the rules – September 03rd or September 17th. Council
Member Erickson agreed to wait if there were any questions on any additional revenues. He gave an
example of the joint Fire and Equipment Fund of $210,000 comes ½ from the city’s Impact Fees
and ½ from the Madison County Fire District. The Building and Safety revenues had additional
revenues over budget. It is actual money the city received. He agreed with Council Member Stevens
to approve the amended budget now instead of waiting one additional meeting; under current
circumstances, he found no reason to prolong it. Council Member Woodland asked about
downtown revitalization LID revenue. Richard Horner explained additional revenue came from
property owners and the sewer pertains to replacement of the sewer line in the alley. Council
Member Stout asked why the budget amendments did not come earlier. Finance Officer Horner
said the amendments are delayed to August to wait for valid data from the projects worked during
the construction season. It allows less guess work and they simply did not have a good idea where
they’d be at the end of the year on the projects.
Council Member Schwendiman moved to suspend the rules. Council Member Erickson
seconded the motion.
Those voting Aye Those voting Nay
Council Member Erickson Council Member Mann
Council Member Schwendiman Council Member Stout
Council Member Stevens Council Member Woodland
Mayor Larsen voted aye to break the tie. The rules were suspended.
The motion carried.
Mayor Larsen asked for a motion to approve the amended 2008 Budget. Council Member
Erickson moved to approve the amendments to the 2008 Fiscal Year Budget; Council Member
Schwendiman seconded the motion; all voted aye; none opposed. The motion carried.
8:30 P.M. Summerfield Planned Unit Development Preliminary Master Plan (PUD 08 00064)
and a Preliminary Plat (PUD 08 00316) for a Planned Unit Development located at 2540 West 1000
South, Rexburg, Idaho – Kartchner Homes
Troy Kartchner at 601 West 1700 South in Logan, Utah reviewed the PUD on the overhead screen.
There are nearly 16 acres of common area. They want to provide a mixed development with all
properties having home ownership without rentals. There are large landscaped areas on the entry
ways with fenced areas. Attractive twin homes are laid out on the entry way with a dog park. The
lots will vary in size from 6,000 to 8,000 square feet with 60 to 70 foot front yards and they are 100
to 110 feet deep. There will be a section of four/six plex town homes with one and two car garages.
The next size lots will run 9,000 to 15,000 square feet. All of the homes are buffered by landscaping
12
from the road. It is a large project with a long term build out plan including walking paths. The
amenities will be installed over time. Council Member Erickson pointed out some green space areas.
The main park is nearly four acres with a swimming pool planned. They had a discussion on
basements and if basements will be available. Mr. Kartchner indicated basements are a possibility if
ground water testing allows for basements.
Mr. Kartchner reviewed home designs with a consistent look with varied craftsman designs and
front porches. There will be a park and playground equipment up front with a club house built after
75 homes are sold. Every lot sale (new or resale) closure will pay ¼ point to maintain the common
area. Night sky lighting requirements will be followed. Mayor Larsen asked them to work with the
city on benches and lighting. Mayor Larsen stated that it may be more beneficial for them to go with
the city standard benches, as opposed to the ones in the slides. Also, he suggested changing the
Victorian style lights into a more craftsmanship look. Mr. Kartchner indicated streets will be tree
lined by the developer. All homes, including townhouses, will maintain a craftsmanship style
standard.
Mayor Larsen opened the public testimony hearing.
Steve Kimball at 2313 West 440 South owns a home previously owned by Klem and Marie
Thompson. He is also speaking on behalf of the Holly’s. He is concerned with future roads
crossing their properties in the future. He was concerned with starter homes on the entryways
having young children. Can the starter townhomes be relocated to reduce the traffic? He wants to
put more single family homes next to the ones that are already adjacent to this development.
Joseph West at 125 Crestview wanted the Trails of Madison County System be included in their
plan along 12th West. Mayor Larsen verified the trail system has a trail on 12th West.
Julie Kimball at 2313 West 440 South was concerned with her children walking on 440 South and
12th West to the neighborhood grade school because she believes the road is unsafe. Her children
will be walking to school on 12th West. They will be irrigating their property and they don’t want to
flood future basements. Will the town homes be done first?
Mr. Kartcher explained timing for the different phases on the map and where the sewer line would
be installed. There are four phases to the development. Within the four phases are some
construction phases. The economy may drive the timing of these phases. He said it would be
impossible to start the next phase within two years as indicated in the city code.
Mayor Larsen closed the public testimony.
Council Member Mann was favorable to the PUD’s pictures; however, he was concerned with the
widening of 12th West. He wanted safe walking areas for the children to walk to the schools.
Council Member Schwendiman was concerned with roads like 12th West. The roads around the
development will need to be improved. He inquired about the sidewalks, and the future of 12th West.
Planning and Zoning Administrator Leikness went over the staff review. Planning and Zoning
approved the PUD with conditions:
=======================================================
Charles Andersen motioned to recommend approval to City Council of the Preliminary Master Plan and
the Preliminary Plat for the Summerfield Planned Unit Development (PUD) at 12th West and 6th South,
to include all of the thirty-one (31) conditions in the Planning Staff review, except to change condition
number 9 (#9) to read “Side yard setbacks shall not be less than 5 feet.” Thaine Robinson seconded
the motion. None opposed. Motion carried.
Proposed Conditions of Approval
General
1. The final master plan/final plat application for each phase shall include all
required submittal standards and incorporate all conditions of approval.
2. All recommendations and requirements from the City Engineer shall be
adhered to and incorporated in the submittal of each phase’s final master
plan/final plat.
3. Language shall be clear in the CC&Rs that no approval granted by the
HOA or Architectural Committee shall violate City Code (e.g. accessory
structures, building heights, fencing, location of building on lot, etc.).
13
4. The final CC&Rs shall be reviewed and approved by the City Attorney
prior the recordation of a plat.
5. Requirement of the underlying zoning prevails where no specific requested
variation has been considered and granted in this PUD request.
6. The City’s clear vision area of 30-feet shall be observed. These areas shall
be clear of all permanent and temporary obstructions. Driveways shall not
be included in the clear vision areas as parked vehicles constitute a
temporary obstruction. Vegetation and fencing in these areas shall follow
City standards.
7. Block 11, Lot 27 shall be allowed to be a created lot in this subdivision of
land, but shall not be considered part of this PUD master plan approval.
This will require the owner of Block 11, Lot 27 to apply for a separate PUD
in the future if he should wish to develop it as a PUD. All requirements of
the LDR2 zone or current zone shall apply to lot 27, and no part of this
PUD overlay shall apply to this lot.
8. No garages or car ports shall be located within 20 feet of a front property
line in order to ensure adequate space for off-street parking (15-feet is not
deep enough for the City’s parking standards) and to allow for a
streetscape not dominated by garage doors, which is in harmony with
planned unit development that seek a more traditional neighborhood
ambiance. In addition, this reduced setback shall only be granted to allow
for well defined porch areas, not just the fronts of buildings. This would
apply to all types of residential uses. Other land uses such as churches,
parking lots, etc shall maintain the setbacks as required under the LDR2
zone.
9. All side yard setbacks shall not be less than 5 feet.
10. All rear yard setbacks shall follow those as defined in the LDR2 zone,
rather the 15-foot fixed setback as requested.
11. If final platting requires adjustments to lot dimensions, then those changes
shall be substantially the same as those found on this preliminary plat. If
changes are substantially different than what is found in the preliminary
plat proposal then the applicant shall re-submit a preliminary master
plan/preliminary plat.
12. The City Engineer may determine that any of the roads may function as
collector roads which may need greater right-of-way. The applicant shall
discuss this with the City Engineer and any required modifications shall be
shown on the final plat.
13. The developer shall explore safe routes to school, specifically the new
elementary school and the new high school. Proposed improvements should
receive support by the Madison School District, the City’s Traffic Safety
Committee, and the City Engineer, prior to submitting for final plat
approval for any phase. The proposed improvement should include
improvement details, costs of improvements, agreements between parties
for funding, and a timeline for installation of improvements. Bonding for
improvements may be required as part of the development agreement the
developer will make with the City of Rexburg, as determined by the City
Engineer.
14. The applicant, in promoting pedestrian connectivity and safety, has
provided an easement, or access way in the south east portion of the PUD
which is intended to provide a pedestrian connection from the PUD to 1000
South (7th South). Unfortunately, when overlaying the proposed PUD on an
aerial photo this connection appears to interfere with the property to the
east and therefore, the applicant shall provide more information as to the
connection’s feasibility during the final master plan/final platting for this
phase, which is Phase 1.
15. In order for the City to maintain an efficient transportation network in and
around the proposed PUD, the applicant shall provide additional road
connections to adjacent property and roads consistent with Figure I of this
staff report, or as modified by the City Engineer.
16. Traffic Impacts- the development shall incorporate all recommendations
found in the provided traffic impact study. In addition, the development
shall incorporate to all onsite and offsite improvements to streets and roads
that the City Engineer may identify as being necessary to mitigate impacts
of the proposed development.
14
Performance Standards
17. Utilities- All new utilities must be placed underground.
18. Water Conservation- The final master plan for each phase shall show, in
sufficient detail, how the proposal will incorporate low volume irrigation
systems throughout the landscaped areas of the development.
19. Individual lot owners shall be required to incorporate low volume
irrigation systems throughout their landscaped areas; this requirement
shall be stated in the CC&Rs under Section 4.13.
20. Refuse Bins- Individual trash bins shall be screened form the public right-
of-way on days of no trash service in the neighborhood.
21. Future trash receptacles intended for trash service pick-up and that are
placed in the common areas such as proposed parks must be screened in a
manner that is similar in material and character of the neighborhood. This
shall be incorporated in the final CC&Rs.
22. Glare Reduction- The proposal must adhere to the City’s lighting
standards, details shall be provided with the final master plan/final plat for
each phase.
Common Open Space
23. Required Common Open Space- The applicant shall consider not only
proposing an open space/park at 10 acres in size, but shall also work with
the City in determining if this area should be a City park.
24. Maintenance- As the common areas are proposed to be private rather than
public, the homeowners association shall be responsible for common space
maintenance. Until such time as a homeowners association is established,
the applicant or owner of record shall be responsible for all maintenance of
common areas and all unsold lots.
25. Hardscape- In order to determine hardscape percentages the final
landscape plan, submitted with the final master plan, shall provide detailed
information on hardscape percentages.
26. Common Activity Areas- areas need to be provided at a ratio of 1000
square feet per single family lot, which amounts to 11.5 acres of common
activity area for this PUD. These area need to include playground
equipment or pathways with benches and tables through natural or
landscaped areas. This requirement shall be shown on the final landscape
plan to be submitted with the final master plan/final plat application for
each phase.
27. Landscaping Per Unit- The applicant has not addressed this requirement
during the preliminary master plan/preliminary plat phase, therefore the
final master plans for each phase shall reflect this on landscape plans. In
addition, the final CC&Rs shall have the PUD ordinance requirement
written into the CC&Rs. The final landscape plan shall to consider solar
access as required by the PUD ordinance in the placement of deciduous
and evergreen trees.
28. Water Conservation- The final landscape plan shall identify drought
tolerant species being used and where zones are located within the common
space areas that can maximize water conservation by incorporating plants
that have similar water usage demands.
Master Plan Approval Time Limitations
29. The proposed preliminary master plan/preliminary plat shall expire within
two years of approval if a final master plan/final plat has not been
reviewed and approved by the City within that time. This requires that a
complete final master/final plat for phase 1 be submitted to the City for
review and approval within 1.5 years of approval of this preliminary
master plan/preliminary plat or the preliminary master plan/preliminary
plat will expire.
30. Each additional phase (or remainder of unplatted portions of the proposed
preliminary master plan/preliminary plat) shall expire within two (2) years
of the approval of a previous phase in the order as shown on the proposed
preliminary master plan, unless a final master plan/final plat is reviewed
and approved by the City within that time. This will also require the
15
complete application for a final master plan/final plat be submitted to the
City within 1.5 years of the previous approval.
31. An extension of up to one year per phase may be requested by the
applicant. A request for extension must be reviewed and approved by the
Planning and Zoning Commission prior to any expiration date. In addition,
once a final plat has been approved by the City, it must be recorded with
the County within 6 months or it becomes null and void.
=======================================================
The Summerfield Planned Unit Development Preliminary Master Plan is a 139 to 140 acre
subdivision with 502 dwelling units, 38 twin homes, 126 town homes, and 338 single family homes.
There will add an estimated 1,862 residents. He asked the City Council to uphold the Planning and
Zoning Commissions recommended conditions, including road stub-outs, parks, and safe routes to
school. The developer is providing a safe route to the Burton Elementary School through the new
development. The school district and this developer must work together to come up with a safe
road crossing on West 7th South (1,000 South) to the Burton Elementary School. Additional road
stub outs are required to the east and to the south. It is good planning to have the stub outs for the
future. If the neighborhood ever wanted to reduce their zoning to an LDR-2, they would have to
have stub out connections.
Council Member Erickson reviewed the additional road connections. He pointed out four stub
outs on one side, and three stub outs on the other side of the development. He stated some roads
stub out into other residents’ property across the development boundary. 12th West is a serious
situation for getting children to school (adding sidewalks) and must be addressed in the approval
process. Planning and Zoning Administrator Leikness indicated the school district does have some
off site improvement monies for addressing these issues of funding sidewalks, etc. Council Member
Erickson discussed funding options on 12th West to help the children walk to school. One idea was
an LID for the area.
Council Member Stevens was concerned one stub out was being directed to the neighbor’s back
yard. How many stub outs does the development need. Planning and Zoning Administrator
Leikness stated that he hopes to form a road to straddle the property line. Council Member Stevens
requested buffering (berm, etc.) to help protect the neighbors. Planning and Zoning Administrator
Leikness stated that there was at present a canal that buffers the neighborhoods. Council Member
Erickson indicated the Holly property has a big cul-de-sac that could be joined into a road system.
The city code on time limits may not be possible due to the size of the development.
Council Member Schwendiman discussed approving a future plat within two years. He asked if
the time line could be extended to three years. Five years may be too long.
Planning and Zoning Administrator Leikness stated that if the development dies at some point,
it should be planned to be developed in a timely manner to encourage future development to
continue at the current standards. He has seen a subdivision undeveloped for 20 years. Roads and
other amenities were never required so it became a nightmare. It is nice to keep things current and
flexible enough to have a nice development. If two years is not enough time to move to the next
phase, maybe three to five years would work. The two year time line to move from phase to phase
discourages developers from biting off more than they can chew.
Council Member Mann asked if there has been a deal made with the church that is already there.
Planning and Zoning Administrator Leikness stated that it is a done deal.
Council Member Schwendiman is concerned with having basements in the area.
Council Member Erickson said the canal will be kept full of water. One of the canals will be
piped. Council Member Stevens asked whose responsibility it is to investigate flooding potential.
City Attorney Zollinger indicated FEMA dictates flood plain requirements.
An associate of Karchner Homes said they have been using piezometers for over 1 ½ years to test
for the water depth and the meters show dry ground eight feet deep. Council Member Woodland
has seen the sub in this area at two feet. Council Member Schwendiman asked the runoff water is
being maintained on site. Planning and Zoning Administrator Leikness said yes. Discussion on
surface area water rights. Troy Kartchner said a group wants to mitigate surface water rights to be
able to pump sub-surface water. Mayor Larsen explained it is a way to convert surface water rights
to sub-surface water rights.
16
Council Member Schwendiman reminded the City Council of the city’s policy requiring surface
water rights to be transferred to the city when the property is developed. City Attorney Zollinger
said the water rights transfer is subject to negotiations with the city through the Public Works
Director. Mr. Kartchner and Public Works Director Millar have been negotiating the issue to add
new sub-surface water well on site for a city well. Discussion on using surface water rights to water
the lawns and common areas.
Council Member Stevens moved to approve Summerfield Planned Unit Development Preliminary
Master Plan and Preliminary Plat for Phase One with 68 foot right-of-ways including the Planning
and Zoning Conditions; Council Member Mann seconded the motion: Discussion: Council Member
Schwendiman recommended three years for a limit with a one year extension possible between
phases; Council Member Stevens modified his motion to have a three year limit between phases with
a one year extension possible; Council Member Mann seconded the amended motion; Planning and
Zoning Administrator Leikness reaffirmed the proposal for a Planned Unit Development
Preliminary Master Plan and Preliminary Plat for Phase One. Final Plats (Phase One; Phase Two;
Phase Three; and Phase Four) will come at a later date. Mr. Kartchner clarified by asking if the
phases are the constructions phases. He has five construction phases developed at five different
times in Phase One of the development. No just the plating phases. He was concerned because
phase one of 150 units in the construction phase will take awhile. Council Member Stevens
confirmed the maximum time allowed for Phase One of the development would be four years
including the extension period of one year; otherwise Phase One could be drawn out ten years. Mr.
Kartchner explained the reasoning for the larger phases was to help provide the common areas up
front due to the density of each area. Planning and Zoning Administrator Leikness added to Mr.
Kartchner’s remarks by stating that if he wanted to build town homes and small lots, PUD code
states that you cannot come in during Phase One, build a lot of homes at maximum density, and
then the project dies. Each phase of the PUD must meet the underlying density, which is why he
has a larger phase because he has to offset the smaller lots with larger open space areas.
Council Member Mann wanted to include working with the Trails of Madison County and look at
it before the final plat. Discussion on Staff Review which covers “Safe Routes to School” and
changing the language to say providing “Safe Routes to School”. Council Member Erickson wanted
the language to say “Provide Safe Routes to School” All voted aye, none opposed. The motion
carried.
New Business:
1. Stonebrook Apartments Phase 2 – Pioneer Road
Stan Rowland reviewed the proposal for 132 units on the overhead screen. He is requesting a
Condition Use permit for larger buildings. It is the second phase of an existing project located at
600 Pioneer Road. These buildings will contain 24 units with fire safety sprinkling. Council Member
Mann was concerned with the parking on the street instead of in the development. Council Member
Erickson reviewed the Planning and Zoning conditions for approval and agreed it was decided
parking was adequate. Planning and Zoning Administrator Leikness said the Planning Commission
said to work with staff; maybe trees or shrubs could be planted to mitigate cars lights shining into
opposing buildings.
Council Member Erickson moved to approve Stonebrook Apartments Phase 2 with staff and
Planning and Zoning conditions. Council Member Stevens seconded the motion. All voted aye,
none opposed. The motion carried.
2. Inter-Local Agreement between the cities of Rexburg, Sugar City, Teton, Newdale,
and Madison County concerning renegotiation of areas of City Impact and Annexation. - Staff
Reference BILL 1012 Establishing definitions, guidelines, and creating a Joint Commission
for Areas of City Impact Inter-Local Agreement between the cities of Rexburg, Sugar City, Teton,
Newdale, and Madison County.
Soren Simonsen from Cooper, Roberts, Simonsen Associates indicated the county will review the
agreement (City BILL 1012) in the coming weeks. The joint commission will be made up of three
representatives from each entity involved. The county would have three representatives on every
joint commission hearing. The joint commission hearings will be held in each community. Council
Member Erickson asked if individual decisions could be worked out with only the parties involved.
Mr. Simonsen said yes, the county representatives including only the affected entities would sit on
any particular joint commission. Members of Planning and Zoning will not be a part of the joint
commission process.
17
Council Member Schwendiman asked if Fremont County is part of this agreement. No, cities
with impact areas in Madison County are included, such as Newdale or Teton, but not Fremont
County.
Council Member Erickson asked City Attorney Zollinger for his input on the wording. Attorney
Zollinger said an ordinance must be in place for the Inter-Local Agreement to be signed and
executed by the various entities. He stated that it is just being introduced thus far for review; to get
the City Council talking about it. He has not compared the agreement language with state statutory
requirements.
Mayor Larsen said they would put it on their reading calendar for the next meeting.
Soren Simonsen stated that they will be at next City Council Meeting. The draft Comprehensive
Plan will be available after mapping is incorporated and submitted to staff on Monday.
3. Fall Clean up period from October 06th to November 07th, 2008 – Staff
Council Member Stevens would like to know approximate costs.
Public Works Director Millar noted two men using a pickup truck work 48 man hours per week,
for four weeks to pick up yard waste. It costs $60.00 per ton to dispose of everything. Public Works
Director Millar stated it would be around six to ten thousand dollars for the period. Council
Member Schwendiman asked if there was a way to offer the services for people who do not have
access to a truck. Council Member Erickson said he believed they owed the citizens of Rexburg
these services. Mayor Larsen asked if it would be coming out of the street budget. Public Works
Director Millar stated it would come out of Sanitation’s Budget. Council Member Stevens thinks the
services could be abused. Public Works Director Millar said they maintain strict guidelines and
people are charged by the hour for large pickups. Mayor Larsen inquired if they need to allocate the
expenses. Public Works Director Millar stated they do indeed allocate a portion of the expense.
They allocate a portion of the street workers’ cost to Sanitation. Mayor Larsen asked if a large part
of the six to ten thousand dollars is paid for by the rate payers. Public Works Director Millar said it
is paid by enterprise funds.
Council Member Mann moved to approve Fall Clean Up period from October 06th to November
07th; Council Member Stout seconded the motion; all voted aye, none opposed. The motion
carried
4. Eligibility Report on West 2nd South Redevelopment Area – Rexburg Redevelopment Agency
Joseph West at 125 Crest View representing the Redevelopment Agency (RRA) asked the City
Council to approve the Eligibility Report for property east of Porter Park. The Hemming property
(1st South to 2nd South) would be included in a redevelopment area. The Redevelopment Project
would provide a safe project with road improvements; lighting, etc. as the development moves
forward. Mayor Larsen introduced Resolution 2008-18 for consideration:
Resolution 2008-18 “Insert caption from Resolution 2008-18”:
=======================================================
WHEREAS, pursuant to Idaho Code Sections 50-2018(9)
and 50-2903(8), which lists the definition of deteriorating and a deteriorated area, many of the
conditions necessary to be present in such an area are found in the South Arterial Area, i.e.
a. substantial number of deteriorated or deteriorating structures;
b. predominance of defective or inadequate street layout;
c. faulty lot layout in relation to size, adequacy, accessibility or usefulness;
d. unsanitary or unsafe conditions;
e. deterioration of site and other improvements;
f. diversity of ownership;
g. tax and special assessment delinquency;
h. defective and unusual conditions of title;
i. existence of conditions which endanger life or property by fire and other
causes; and
j. any combination of such factors.
18
=======================================================
Council Member Schwendiman asked for clarification on accepting only the report. Mayor
Larsen said that is correct. Joseph West explained the area in question includes the entire Hemming
project in the block between 1st South and 2nd South just east of Porter Park. Additional properties
on 1st South and 2nd South are included in the description. City owned infrastructure would be part
of the project including streets, lights, water, sewer, etc. Council Member Stevens asked how the
revenue from the tax base would be affected. Mr. West explained the infrastructure improvements
would be paid with incremental taxing monies derived from the construction of new buildings within
the redevelopment area. These tax revenues go into the Urban Renewal project to pay for the
infrastructure improvements to the Redevelopment Area.
Council Member Erickson asked if this includes the north side of 1st South. Mayor Larsen stated
they are trading land to provide parking for the 1st South church. The existing church parking lot on
the south side of 1st South will be traded for these properties on the north side of 1st South. Council
Member Erickson discussed the need to amend the plan if more properties were added to the Urban
Renewal District.
Mayor Larsen explained the first step is to approve this report and adopt the resolution before it
can be taken to the Urban Renewal Board and Rexburg Redevelopment Agency to approve the
creation of the district. After approval the Urban Renewal Plan will go through Planning and
Zoning, and then to City Council for final approval of the plan.
Council Member Schwendiman moved to accept the Eligibility Report on West 2nd South
Redevelopment Area and adopt Resolution 2008-18; Council Member Erickson seconded the
motion; all voted aye, none opposed. The motion carried.
Staff Reports:
Public Works: John Millar
1. Report on Projects:
Mayor Larsen asked if there were any more projects to report. Public Works Director Millar stated
that because the old fire station storage building is city property, he needs the City Council to declare
it surplus before he can dispose of it.
Council Member Woodland moved to declare the storage building surplus and approve its
removal from the Tabernacle grounds; Council Member Schwendiman seconded the motion; all
voted aye, none opposed. The motion carried.
Council Member Erickson asked when they were going to plant trees and grass at Millhollow
Road Triangle. Mayor Larsen said they would be planted by September 15th.
Public Works Director Millar discussed construction on East Main and 7th South. He also stated
he would like to present some street projects occurring next year to the City Council at an upcoming
meeting.
2. Two street projects have been awarded to HK and Edstrom’s. (East Main and 7th South)
3. Repaired sewer lines on 1st East.
4. Project on storm drain system on hill is under construction with storm water detention pond.
5. Projects for next year are on the drawing board.
6. Trees are planned for Millhollow Road Triangle by September 15th
7. Solution to sewer plant issues is under review.
8. New water well included in adjudication application (2 months to 2 years).
9. Hidden Valley Park is complete.
Discussion on the repairs needed to the Crest Haven Subdivision curb and gutter. Drainage
problems have caused erosion under the curb and gutter.
Mayor Larsen announced that the Sprinkler System at Smith Park was budgeted for $25,000. The
first phase is a tree area. Three bids came in to develop it. Earth Design at $28,849, Merrill Quality
Landscapes at $63,000, and Spruce It Up at $40,000. The low bid from Earth Design was
recommended for approval by the Parks Department.
19
Council Member Mann moved to accept Earth Design’s low bid contingent upon getting their
public works license; Council Member Stevens seconded; all voted aye, none opposed. The
motion carried.
Calendared Bills and Tabled Items:
A. BILL Introductions:
1. BILL 1012 Establishing definitions, guidelines, and creating a Joint Commission
for areas of City Impact within Madison County.
B. First Reading: Those items which are being introduced for first reading. – NONE
C. Second Reading: Those items which have been first read. – NONE
D. Third Reading: Those items which have been second read:
1. BILL 1011 for Appropriation Budget Ordinance 2009:
Finance Officer Horner addressed wording on the last page called the Statement of
Understanding in street budget #3 for the City of Rexburg 2009 Budget (Year Ending
9/30/09).
City Council Budget 2009
STATEMENT OF UNDERSTANDINGS
1) $36,300 was taken off of Transfers to Police Impact Fee Fund and added into Contingency
in the General Fund. The Council will review the General Fund Contingency Balance at the
end of the year to decide if any could be applied to the Police Impact Fee Fund deficit.
2) Expenditures, including all capital items, will be managed so that short falls in total revenues
are offset by cutbacks in expenditures in the General and Street Funds.
3) $350,000 of street funding has been allocated to the Downtown Revitalization Fund in 2008,
and in 2009 an additional $350,000 will be allocated to be used for construction to make the
downtown more pedestrian friendly. Construction, operating and maintenance costs will be
reviewed and approved by the City Council before any funds will be committed to this
project. If the City Council finds a higher priority for these funds, these funds can be
transferred to a higher priority street project.
4) $2,000,000 was added to the budget for possible upgrade of the Wastewater Treatment Plant.
Construction, operating and maintenance costs will be reviewed and approved by the City
Council before any funds will be committed to this project.
5) All construction projects over $25,000 and their related operating and maintenance costs will
be reviewed and approved by the City Council before any funds will be committed to the
project.
Council Member Stout would like to pay off the debt for the animal shelter. He wants to
look at Contingency funds later in the year to pay a $36000 annual payment for the Animal
Shelter back to the Police budget.
Council Member Mann moved to approve BILL 1011 for Appropriation Budget
Ordinance 2009; Council Member Schwendiman seconded the motion; all voted aye, none
opposed. The motion carried.
2. BILL 1013 Amend Appropriation Budget Ordinance 2008
“See 8:00 P.M. Public Hearing Discussions”:
Amendment to the 2008 fiscal year budget by appropriating additional monies received by the
City of Rexburg (BILL 1013 Amend Appropriation Budget Ordinance 2008) – Richard Horner
Council Member Erickson moved to approve BILL 1013 for amending Appropriation Budget
Ordinance 2008; Council Member Schwendiman seconded the motion; all voted aye, none opposed.
The motion carried.
Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table:
- NONE
20
Old Business: - NONE
Mayor’s Report:
Calendar:
Tomorrow is Spencer Larsen’s retirement party at the fire station.
Monday September 8th - Meet at 12:00 P.M. at the Development Company for new business tour.
Tuesday September 9th – Meet at 5:15 P.M. for chairman training for committee chairmen.
Wednesday September 17th – Work meeting at 6:00 P.M. with Salt Lake Planners.
Wednesday September 24th – Joint meeting with county, need to confirm.
City Attorney Zollinger discussed an update on downtown parking. In his meeting with a number
of downtown merchants, he proposed using unified signs stating “2-3 hour parking between 10:00
a.m. and 10:00 p.m.,” and all city parking lots would be available for overnight parking; however, the
city would not allow any perpetual parking. The signs could read “All overnight parking
permitted/No perpetual parking.” The downtown merchants believed it would be a better system to
manage. Temporary signs or barricades could be used to notify the public. Two hour parking would
be restricted to 8:00 P.M. Overnight parking could begin at 8:00 P.M. Mayor Larsen said it would
be simpler to administer. This proposal and the Booting and Towing revised ordinance will be
discussed during the first meeting in October.
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.
Minutes:
A. August 20th , & 25th, 2008 meetings
B. Approve the City of Rexburg Bills
Council Member Woodland moved to approve the Consent Calendar. Council Member
Schwendiman seconded the motion. All voted aye, none opposed. The motion carried.
Executive Session pursuant to State Statute 67-2345 (C & E) deliberations concerning
labor negotiations and contract matters.
Council Member Stevens moved to go into Executive Session; Council Member Woodland
seconded the motion; Roll Call Vote:
Those voting Aye Those voting Nay
Council Member Mann None
Council Member Erickson
Council Member Schwendiman
Council Member Stevens
Council Member Stout
Council Member Woodland
The motion carried.
Executive Session
Executive Session Ended.
Adjournment
__________________________________
Shawn Larsen
Mayor
Attest:
______________________________
Blair D. Kay
City Clerk