HomeMy WebLinkAbout2010.08.18 CITY COUNCIL MINUTES1
August 18, 2010
Mayor Richard Woodland Council Members:
Christopher Mann – Council President
Rex Erickson Donna Benfield
Bruce Sutherland Brad Egbert
Adam Stout
City Staff: Stephen Zollinger – City Attorney Richard Horner – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk
7:00 P.M. City Hall – Pledge to the Flag
Scout Troop 49 posted the colors and led the Pledge.
Rick Davis gave the opening prayer.
Roll Call of Council Members:
Attending: Council President Mann, Council Member Erickson, Council Member Benfield, Council
Member Egbert, Council Member Sutherland, Council Member Stout and Mayor Woodland.
Public Comment: on issues not scheduled on the agenda (limit 3 minutes)
Roy Marlow at 142 Elm Street was in favor of discontinuing reverse angle parking around campus. It
is difficult to see when parking in reverse, which is why we do not back-up into garages often.
Reverse angle parking also stops traffic. If accidents have decreased, it might be a result of some
reverse angle parking being done away with in some areas. He asked City Council to seriously
consider these issues.
Lynn Betts at 66 North 1st East asked the city to maintain a limb pile to sell for profit. He said City
Council approved a bid to improve Birch one year ago and nothing has been done. He reviewed a
recent development approval at for Kartchner homes on 12th West. Public comment on the issue was
the concern of so many homes already approved in that area and wanting to wait to see how the
development affects the city before approving more homes. He gave an example of a meeting in
Teton County with developers where it was expressed that so many homes had been approved that it
would take 100 years to actually develop them all. He encouraged City Council to slow down and let
the currently approved lots develop before approving more.
Public Works Director Millar said Birch was originally on the list, but Birch was not an overlay
candidate so it was moved to the major reconstruction list.
Presentations:
A. Romance Theater Committee – Presentation and project update – RonaLee Flansburg
RonaLee Flansburg at 304 East 1st North in Teton, Idaho referred to Save America’s Treasures
Grant Program where a grant was approved to restore the Romance Theatre. She read a statement
from Save America’s Treasures Program concerning America’s Treasures in America’s communities.
This program has helped preserve other great American treasures, including Mark Twain’s home and
Harriett Tubman’s home. She presented a slide show of a similar theatre in Blackfoot, Idaho.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x2313
Fax: 208.359.3022
blairk@rexburg.org
www.rexburg.org
City Council Meeting
August 18, 2010
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There are several groups that have volunteered for cleanup and other work on the Romance Theatre,
including an Eagle Scout project, the Civil Air Patrol Cadets, and many committee members and other
volunteers. They have received help from people with special expertise as well. They have a great
committee. They would like to see their circle of support widened so more people are involved.
Council Member Mann asked for more information on the grant. It was for $150,000; Volunteer
hours are going to be a significant part of the matching in-kind funds. The auditorium painting was
bid for $78,000; however, it will be completed with volunteer labor.
Council Member Sutherland asked about the seats from the Kirkham building. Roger Harris
explained the University is not ready to remove the Kirkham auditorium from service. The building is
scheduled with events every week.
Council Member Benfield commended the Romance Theater Committee for their excellent work.
They are there every day working. There is a three-year time frame on the grant, but it looks like they
will finish much sooner.
Mayor Woodland said the whole City Council commends them for their efforts. The city owns the
building and nothing has been done with it for a long time. RonaLee Flansburg said she wants people
to know they are welcome to help with the project.
Committee Liaison Assignments for 2009:
A. Council Member Adam Stout Trails of Madison County · Traffic & Safety Committee · Airport Board
Council Member Stout reported the Trails of Madison County has “The Great Spud Race” coming up. In the past JD Hancock has done a lot of hard work in putting it together. It has been a challenge this year since JD is
gone on a mission. If anyone is available to help, Council Member Stout asked them to contact City Hall or send him an email. He said it is a fund raiser for the trails system. Those who donate get a foam potato to race
down the river and the winners get prizes. He asked for community support.
B. Council Member Brad Egbert Legacy Flight Museum · Parks & Recreation · IBC Committee
Council Member Egbert was out of town when the Legacy Flight Museum Board met last; he will provide an update on that committee at a later date. He reported Parks & Recreation’s summer
activities are going well.
C. Council Member Bruce Sutherland Museum Committee · Beautification Committee · Traffic & Safety Committee
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Council Member Sutherland reported Beautification Committee and Museum Committee have not met.
The Museum Committee has not met; however, by way of information, the trees around the Tabernacle
need some attention. Some trees will be removed with new landscaping planned around the Tabernacle.
Directional signage will be added to the streets to help the public find the Tabernacle.
Mayor Woodland asked the City Council to ratify the appointment of Martell Grover to the Museum
Committee Chair position.
Council Member Sutherland moved to ratify the appointment of Martell Grover to the Museum
Committee Chair position; Council Member Egbert seconded the motion; Mayor Woodland called for
a vote: Those voting aye Those voting nay
Council Member Erickson None
Council Member Sutherland
Council Member Egbert
Council Member Mann
Council Member Benfield
Council Member Stout
The motion carried
D. Council Member Christopher Mann Emergency Services Board · School Board · MYAB
Council President Mann reported on an executive session for Emergency Services. MYAB will be
selling cotton candy at the Celebrate Youth event.
E. Council Member Donna Benfield Police Department · Romance Theatre Committee · Rexburg Arts Council · Tabernacle Civic Center · School Board
Council Member Benfield reported on the retirement of Bart Smith from the Police Department.
She presented him with a plaque on behalf of the City Council and the Mayor. The Tabernacle Committee delayed their meeting until next week.
The School District has the Celebrate Youth Program on Tuesday. School starts on August 25th.
They expect increased enrollment again this year. The district has had an average of 90 new students each year. There are currently 4,800 to 4,900 students in the Madison School District. That makes it
the 15th largest school district in the state. The district is fairly large for Idaho and is average-sized on a national level.
The Arts Council did meet; however Council Member Benfield was not able to attend. Ronalee
Flansburg said they are going to begin working on the Centennial for the Tabernacle. Roger Harris said the Tabernacle Museum street signs need to be moved or fixed up so the people can see the signs.
He has been scraping paint at the Tabernacle to get ready for painting. There are two Eagle Scout projects going on too. Things are moving along; however, they need more help.
F. Council Member Rex Erickson Golf Board · Planning & Zoning · Rexburg Redevelopment Agency
Council Member Erickson reported the Golf Board has not met; Rexburg Redevelopment Agency
has not met; Planning and Zoning met on August 5th. He was unable to attend that meeting; however, Planning & Zoning items will be discussed on tonight’s agenda.
Public Hearings:
A. 7:20 P.M. Vacate Right-of-Way at 896 University Blvd – It is excess street right-of-way
adjacent to 896 University Blvd. – Public Works Director Millar reviewed the triangle piece of
property adjacent to 896 University Blvd, near the University Blvd and Yellowstone Highway
intersection. The tract of land needs to be cleaned up. The proposal is to vacate the property to
the adjacent landowner so the property can be landscaped and maintained.
Council Member Erickson asked if there would be room for a fire truck between the existing
building and the road. Public Works Director Millar said with or without the extra land vacated, a
fire truck could not fit around the corner to the back of the building.
Council Member Sutherland clarified the land cannot be sold and it is of no use to the city in
any other way. Public Works Director Millar pointed out the irrigation ditch along Yellowstone
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Highway. The proposed property cannot be accessed from any other direction than from the
adjacent property owner’s land.
Council Member Benfield thought it made good sense. It is helpful to have areas like this
cleaned up by property owners.
Those in Favor of the proposal: None
Those Neutral to the proposal: None
Those Opposed to the proposal: None
Mayor Woodland closed the public hearing.
Council Member Egbert was in favor of the proposal and he moved to vacate the city property
at 896 University Blvd; Council Member Benfield seconded the motion;
Those voting aye Those voting nay
Council Member Erickson None
Council Member Sutherland
Council Member Egbert
Council Member Mann
Council Member Benfield
Council Member Stout
The motion carried.
B. 7:30 P.M. Five proposals to amend the “Comprehensive Plan Map” – Staff
RESOLUTION 2010 – 12 COMPREHENSIVE PLAN PREFFERRED USE MAP
SUGGESTED CHANGES:
1. Change High Density Residential and Medium Density Residential designations to
Moderate to High Density Residential.
2. Change Low Density Residential designation to Low to Moderate Density Residential.
3. Change Business Park and Highway Commercial to Commercial.
4. Change to Downtown Commercial Mixed Use (also change name)
5. Change to Neighborhood Commercial Mixed Use.
6. Change to Moderate to High Density Residential.
7. Change to Neighborhood Commercial Mixed Use.
8. Change Low Density Residential to Single Family Residential
NEW DESIGNATIONS and ALLOWED ZONES: Single Family Residential – LDR1, LDR2 and
LDR3; Low to Moderate Density Residential – LDR2, LDR3, and MDR; Moderate to High Density
Residential – MDR1, MDR2, HDR1 and HDR2; Commercial – All Commercial Zones
Community Development Director Christensen presented the proposal from the Planning and
Zoning Commission over a six month period of deliberation. A work meeting was held with Planning
and Zoning and City Council to review the proposal. The changes to the Comprehensive Plan Map
had areas numbered (1) through (8) to coincide with the suggested changes noted above.
Winston Dyer, Chairman of Planning and Zoning explained the Comprehensive Plan Map is a wish-
list map for Rexburg. It represents the best thinking and ideas of the Planning & Zoning
Commission, and eventually of the City Council after acceptance. It represents what the development
will and should look like. It is used as a tool for planning the direction the property should go. It
does not confer any property rights; it is the zoning of the property that confers property rights.
Community Development Director Christensen reviewed the proposal to change the names as
follows: NEW DESIGNATIONS and ALLOWED ZONES: Single Family Residential – LDR1,
LDR2 and LDR3; Low to Moderate Density Residential – LDR2, LDR3, and MDR; Moderate to
High Density Residential – MDR1, MDR2, HDR1 and HDR2; Commercial – All Commercial Zones.
He gave an example of Rural Residential Zoning being changed to more dense zoning as the
community grows into rural areas. The Comprehensive Plan Map can be modified at any time; instead
of waiting six month. The Idaho Legislature recently removed the six month waiting period between
Comprehensive Plan Map changes.
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Community Development Director Christensen reviewed the proposed changes on the
Comprehensive Plan Map under areas numbered one (1) through eight (8).
No. 1 - Change High Density Residential and Medium Density Residential designations to Moderate
to High Density Residential.
No. 2 - Change Low Density Residential designation to Low to Moderate Density Residential.
No. 3 - Change Business Park and Highway Commercial to Commercial.
No. 4 - Change to Downtown Commercial Mixed Use (also change name).
No. 5 - Change to Neighborhood Commercial Mixed Use.
No. 6 - Change to Moderate to High Density Residential.
No. 7 - Change to Neighborhood Commercial Mixed Use.
No. 8 - Change Low Density Residential to Single Family Residential.
Council Member Sutherland thanked Planning and Zoning members for the time consuming and
difficult job. They do an excellent job for the community.
Council Member Mann asked about No. 8 by Kartchner Homes and No. 2 by 12th West. Community Development Director Christensen explained it broadens the concept for future planning.
Mayor Woodland opened the Public Hearing.
Those in favor of the proposal: None
Those Neutral to the proposal: None
Those Opposed to the proposal:
Mary Hailey at 275 East 1st South read a letter from the East Main Neighborhood Association, written by Don Sparhawk, who is President of the association. She is the Vice President. She read:
“Dear Mayor and City Council: We are responding to your request for input regarding the
proposed changes to the Rexburg Preferred Land Use Map. We have appreciated the protection you have provided to our neighborhood under the current Land Use map. We have tried to work
closely with the city in recent years to allow for some planned development between 1st South and 2nd South, while at the same time, maintaining our traditional Single Family Residential
neighborhood. Most of the property within our neighborhood association is currently designated Low Density Residential on the Land Use map and zoned LDR2. It is the desire of most residents
of our neighborhood to remain in the Single Family Low Density area. We do not wish to open the door to Moderate Residential housing. It is our recommendation that the areas around Smith
Park and along 2nd East be kept Single Family Residential where only LDR1, LDR2, and LDR3 zones are allowed. We do not wished to be included in the newly created area called Low to
Moderate Density Residential that allows for Medium Density zoning. This will ensure that our neighborhood remains a Single Family Residential area in future years. Thank you for your help in
this matter.”
Mary Hailey said she knows the difference between the Comprehensive Plan Map and the Zoning Map, but the neighborhood association does not want anyone to read into that change as an invitation
for moderate density housing.
Rebuttal:
Community Development Director Christensen said Planning and Zoning would be amenable to keeping the area Single Family Residential. City Attorney Zollinger said it might be a problem because
the new Comprehensive Plan Map does not allow for the designation the neighborhood association wants to maintain. He discussed the two designations of Low to Moderate and Moderate to High
Density Residential. Community Development Director Christensen discussed area changes on the map; there are certain parts that are in the Medium Density range. The Comprehensive Plan
represents a 20-year plan. Winston Dyer explained area No. 2 could be zoned up to MDR1, which is the lowest degree of Medium Density. It is just an option; it does not mean it has to be that way. The
zone change would still have to come to a public hearing before any changes could be made.
Mayor Woodland closed the public hearing.
Council President Mann was concerned with No. 2 on Hwy 20. People came to City Council requesting High Density near the highway and they were turned down. He was also concerned with
No. 7 around Cornell Avenue. People go to the broadest of the broader ranges anticipated to try to
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change residential neighborhoods. He was concerned with giving impressions that they would accept
those broad range proposals. He was concerned with No. 5 by 2nd East.
Council Member Erickson asked to read a letter regarding Cornell Avenue. The letter was
submitted by Donetta Rhead, who lives at 224 Cornell Avenue. He agreed with the comments on the
letter.
To the City of Rexburg and Planning and Zoning,
We live on 224 Cornell Ave and are writing concerning the comprehensive zoning of our area. We understand there
is a proposal to change our area from Medium Density Residential to Neighborhood Commercial Mixed Use. We are in favor of this as five of the eight houses on our block are now rentals. The house next door has any number of
Students at any time. We are in favor of changing our side of the street to Neighborhood Commercial Mixed Use as we can see how it will be that way whether it is zoned for it or not.
Sincerely,
Randall & Donnetta Rhead
Council Member Sutherland agreed with Council Member Erickson on the changes going on in the
Cornell Avenue neighborhood. He appreciates the State of Idaho legislature for changing the six
month limit on changing the Comprehensive Plan. The option is now available to make changes
quickly when necessary. He reviewed past growth when Ricks College was changed to BYU-Idaho;
there was a desperate need for young married student housing. Neighborhoods were turned into
rental neighborhoods. Now, the city can react in a timely manner to changes in the community. He
thanked Planning & Zoning for the hard work they have done. These proposed changes help clarify
between the Comprehensive Plan Map and the Zoning Map.
Council Member Egbert agreed it will help in the planning process. Zoning issues will be reviewed
in more detail as they are presented. The Comprehensive Plan Map proposal makes a lot of sense.
Council Member Stout reviewed the request and indicated he agreed with the proposals.
City Attorney Zollinger explained the Comprehensive Plan is not a wish list; it is a projection of
future planning based on trends. He asked to refer to the map as a Comprehensive Plan Map, not a
preferred land use map. He reviewed the East Main Neighborhood Association’s request to maintain
their existing designation on the Comprehensive Plan Map. Discussion on the different areas
proposed for change and how the motion for the changes could be constructed.
Winston Dyer reiterated the two types of changes being addressed: the changes in terminology for
the Comprehensive Plan, as well as designation changes in certain areas of the Comprehensive Plan
Map. City Attorney Zollinger continued to explain the changes in the map and the changes in
nomenclature have gone without comment, with the exception of the East Main Neighborhood
Association wanting to remain Single Family Residential, the density by the highway as addressed by
Council President Mann, and the changes on Cornell Avenue. The motion could include adopting the
changes, with the exception of the three areas of concern.
Council Member Stout moved to approve the suggested changes to the Comprehensive Plan and
Comprehensive Plan Map as presented in whole under areas numbered one (1) through eight (8):
SUGGESTED CHANGES:
1. Change High Density Residential and Medium Density Residential designations to
Moderate to High Density Residential.
2. Change Low Density Residential designation to Low to Moderate Density Residential.
3. Change Business Park and Highway Commercial to Commercial.
4. Change to Downtown Commercial Mixed Use (also change name)
5. Change to Neighborhood Commercial Mixed Use.
6. Change to Moderate to High Density Residential.
7. Change to Neighborhood Commercial Mixed Use.
8. Change Low Density Residential to Single Family Residential
NEW DESIGNATIONS and ALLOWED ZONES: Single Family Residential – LDR1, LDR2 and
LDR3; Low to Moderate Density Residential – LDR2, LDR3, and MDR; Moderate to High Density
Residential – MDR1, MDR2, HDR1 and HDR2; Commercial – All Commercial Zones
Council Member Erickson seconded the motion; Mayor Woodland called for a vote:
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Those voting aye Those voting nay
Council Member Erickson Council Member Mann
Council Member Sutherland
Council Member Egbert
Council Member Benfield
Council Member Stout
The motion carried
C. 8:00 P.M. Amend 2010 Budget – Matt Nielson
Deputy Finance Officer Matt Nielson reviewed the proposal to amend the 2010 Appropriation
Budget for the City of Rexburg. The amended amount is $5,927,000 to income and expenses from
projects and grant funding including:
1. Airport maintenance
2. LID 40
3. Madison County Fire District
4. City Hall
5. Riverside Park
6. Street operations, etc.
FUND ORIGINAL AMENDMENT FINAL
AIRPORT OP. EXPENSE 18,400 332,000 350,400
BEAUTIFICATION EXPENSES 6,500 4,000 10,500
ESD PIPES&DRUMS EXPENSES 10,000 10,000
FIRE DEPARTMENT EXPENSES 1,820,900 23,000 1,843,900
GENERAL FUND EXPENSES 6,763,300 156,000 6,919,300
LID 35 DEBT SERVICE EXPENSES 50,000 5,000 55,000
LID 36 DEBT SERVICE EXPENSES 60,000 10,000 70,000
LID 39 DEBT SERVICE EXPENSES 10,000 10,000
LID 40 CONST. EXPENSES 1,400,000 1,400,000
MADISON FIRE EXPENSES 606,500 460,000 1,066,500
NEW CITY HALL EXPENSES 334,000 334,000
REVOLVING LOAN EXPENSES 97,000 283,000 380,000
RIV.PARK CONST. EXPENSES 450,000 1,900,000 2,350,000
STREET OPERATIONS EXPENSES 2,326,500 400,000 2,726,500
STREET REPAIR EXPENSES 224,600 520,000 744,600
TABERNACLE FUND EXPENSES 75,700 80,000 155,700
NON-AMENDED FUNDS 34,102,900 - 34,102,900
GRAND TOTAL EXPENSE: 46,602,300 5,927,000 52,529,300
Council Member Stout asked if City Hall would be completed with the allotted funds. Deputy
Finance Officer Nielson replied that it will. The Finance Department wants the new City Hall
completed on the 2010 Budget.
Mayor Woodland clarified that this simply cleans-up the budget. Deputy Finance Officer Nielson
added that these are dedicated one-time funds and grant monies for specific purposes, not money that
be spent on anything.
Council Member Erickson said the news paper article was not clear to the public on the budget
changes. The revenue comes from other sources including new development projects and grants.
Council Member Erickson moved to first read BILL 1052 amending the Appropriation Budget for
2010; Council Member Stout seconded the motion; Mayor Woodland called for a vote:
Those voting aye Those voting nay
Council Member Erickson None
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Council Member Sutherland
Council Member Egbert
Council Member Mann
Council Member Benfield
Council Member Stout
The motion carried
Mayor Woodland reopened the public hearing to take public comments:
Those in favor of the proposal: None
Those neutral to the proposal: None
Those opposed to the proposal: None
Mayor Woodland closed the public hearing and called for a vote:
Council Member Egbert moved to first read BILL 1052 amending the Appropriation Budget for
2010; Council Member Benfield seconded the motion;
Those voting aye Those voting nay
Council Member Erickson None
Council Member Sutherland
Council Member Egbert
Council Member Mann
Council Member Benfield
Council Member Stout
The motion carried
Items for Consideration:
A. Conditional Use Permit for additional units (from 24 units to 77 units) in a development. The Development Code requires a Conditional Use Permit to have more than 24 units in a
building. The project is at 405 and 431 West 4th South. The increased building density will help the development comply with parking requirements in the Pedestrian Emphasis Zone
(PEZ) – Ordinance 1021 – Trent Birch
Trent Birch at 4148 West Homestead Drive reviewed the proposal explaining the need for additional parking. Originally they had planned to build a parking garage underground. After taking a closer
look, the cost to put in the underground parking was much more than he anticipated. He found additional ground for parking for the project. All plans are in compliance with City ordinances and
codes and Planning & Zoning requirements. The property is located west of South 4th West which is adjoining the development to the west. They have an agreement with Temple View Apartments to
share the parking space.
Council Member Erickson asked about the bridge and proposal to use property across 4th West. Mr. Birch explained the planned use of the corner cross walk on South 4th West with the main doors
of the building put adjacent to the existing pedestrian walkway over the bridge. The new bridge across the canal for Temple View Apartments will be wide enough to allow pedestrian traffic. Council
Member Erickson was concerned with the pedestrians accessing the parking lot using the same access that cars will be using. A curb will be a separation fixture to adjoin the crossing sidewalk on the new
bridge.
Community Development Director Christensen explained the parking lot did not need to meet the same setback as the buildings. The commercial zones require 17 feet of landscaping, etc. The
developer requested a smaller setback for the parking lot area. It would move the setback from 20-25 feet to 10 feet for a parking lot in a High Density Area. Planning and Zoning is asking to amend the
Development Code to 10 feet for parking lots.
Council Member Erickson asked Chairman Dyer about Condition 11. He was concerned with Condition 11 being recommended; not required. Chairman Dyer explained the Planning and Zoning
Commission is a recommending body; thus, Condition 11 is recommended for approval. There was discussion on the access to the parking lot and the resident’s ability to access the parking lot to the
west over the canal bridge installed by Temple View Development. Public Works Director Millar explained there would be a curb and adjoining the sidewalk for the residents to cross the canal bridge.
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#10 00261
Conditional Use Permit – Trent Birch
Proposed Conditions of Approval 1. Trash dumpsters/receptacles shall be located within the interior (behind front building line, but
in required setbacks) of the lot and shall be enclosed.
2. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, snow storage, drainage, etc. shall be submitted and approved by the City prior to the issuance of a building permit. The existing snow storage as currently shown is of concern for the City Engineer.
3. All requests of the City Engineer to be implemented. This includes a walking bridge over the
canal and the right in/ right out access to the parking lot from 4th South. Storm drainage and other Engineering considerations to be reviewed and approved by the City Engineer. 4. Lighting shall be low (under 15-feet in height) and not create glare, and as a minimum shall adhere to the City’s lighting ordinance.
5. To encourage alternative travel options, i.e. bicycling, bike racks and hard surface must be
provided. Location of racks needs to be shown on revised site plan. This requirement is identified in the PEZ Ordinance. 6. Sidewalk and pathway maintenance to be performed as per the PEZ Ordinance. 7. Parking Contracts to be approved by the City Attorney.
8. Requirements of the PEZ Zone Ordinance to be applied to this project. Including but not
limited to wider sidewalks. 9. A 10-foot setback for the parking lot shall be allowed. 10. Secure parking in perpetuity. 11. A crosswalk at the existing bridge on South 4th West is recommended.
12. Offsite parking shall be allowed, and allow a 60 percent (plus 2 for managers)
overall minimum parking percentage.
Council Member Erickson moved to approve the Conditional Use Permit (CUP) for additional units (from 24 units to 77 units) in a development at 405 and 431 West 4th South in the Pedestrian
Emphasis Zone (PEZ) with all the Planning and Zoning recommendations being required;
Council Member Sutherland seconded the motion; Discussion: The setback will be reduced to 17 feet plus the sidewalk or 22 feet in total from the back of street curb. Mayor Woodland called for a
vote: Those voting aye Those voting nay
Council Member Erickson None
Council Member Sutherland
Council Member Egbert
Council Member Mann
Council Member Benfield
Council Member Stout
The motion carried
B. Affirm Resolution 2010 – 08: Authorizing the filing for Judicial Confirmation proceedings
for the financing, acquisition and construction of waste water treatment facilities for the City (collectively, the “Project”) to be constructed and acquired to meet the city’s needs and
requirements.
City Attorney Zollinger explained the Resolution came before City Council a few months ago in a meeting he was not able to attend. The Resolution was approved after the public hearing; however,
the two week waiting period was not fulfilled. The law requires a 15-day time frame before voting on the Resolution. It is being presented to City Council for a re-vote in order to meet that requirement.
Council Member Sutherland moved to affirm Resolution 2010 – 08: Authorizing the filing for
Judicial Confirmation proceedings for the financing, acquisition and construction of waste water treatment facilities for the City (collectively, the “Project”) to be constructed and acquired to meet the
city’s needs and requirements; Council Member Egbert seconded the motion; Mayor Woodland called for a vote:
Those voting aye Those voting nay
Council Member Erickson None
Council Member Sutherland
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Council Member Egbert
Council Member Mann
Council Member Benfield
Council Member Stout
The motion carried.
Staff Reports:
A. Public Works: – John Millar 1. Approval of Local Improvement District (LID40) Bid
Public Works Director Millar reviewed the bids. The estimate was just under $600,000. The
property owner requested the opportunity to get their own bids. Public Works Director Millar
contacted him with the results and he was in support of going forward with the low bid received by
the city. Landon Excavation was the low bidder; their bid came in almost $50,000 lower than the next
bid. They have a good track record in Idaho Falls. Council Member Erickson asked if they present a
performance bond. Yes, before signing a contract they do provide a performance bond.
6th South &
3rd West LID-40
DESCRIPTION
Landon
Excavating DePatco Hill & Son
Edstrom
Const.
HK
Contractors
TMC
Contractors
Jerome
Bowen
Item
Description
Bid
Amount
Bid
Amount
Bid
Amount
Bid
Amount
Bid
Amount
Bid
Amount
Bid
Amount
Excavation
4,770.00
30,475.00
21,200.00
29,415.00
29,150.00
21,200.00
44,520.00
Geo Textile Fabric 6,372.00 5,900.00 7,080.00 9,440.00 8,850.00 10,030.00 8,260.00
Granular Borrow For Street Section 41,310.00 32,300.00 59,160.00 20,400.00 40,800.00 44,200.00 46,920.00
3.5" Thick 3/4"
Minus Crushed Aggr. Base 5,075.00 18,125.00 17,218.75 12,470.00 20,300.00 18,125.00 16,095.00
Asphalt Surface
Course Plant Mix (143 pcf) 81,217.50 79,950.00 86,658.00 79,706.25 78,000.00 87,067.50 82,095.00
Valley Gutter
3,465.00
3,693.25
3,630.00
396.00
3,795.00
3,740.00
3,740.00
Sanitary Sewer Line in New Street
Section
37,520.00
28,000.00
18,606.00
43,225.00
14,000.00
36,400.00
31,430.00
Sanitary Sewer Line & 12" Storm Sewer
in Existing Street Section 15,924.00 24,000.00 29,520.00 43,560.00 38,400.00 32,400.00 57,420.00
8" Sanitary Sewer Service Line 880.00 3,600.00 2,528.00 4,936.00 4,640.00 4,512.00 4,648.00
8" Water Line
Extension
12,407.20
15,600.00
13,533.00
8,970.00
13,000.00
13,520.00
15,496.00
12" Storm Sewer Line 19,710.00 31,500.00 30,330.00 49,545.00 18,000.00 54,900.00 40,230.00
Adjust Manholes to
Grade
5,100.00
3,000.00
4,800.00
3,348.00
4,200.00
5,160.00
4,725.60
Adjust Water Valves to Grade 825.00 600.00 600.00 543.00 900.00 1,170.00 1,102.50
Replace Existing
Sanitary Sewer Manhole 7,105.00 5,000.00 2,800.00 3,993.00 10,000.00 1,500.00 3,062.90
Sanitary Sewer
Manhole Installation
7,000.00
10,000.00
6,400.00
10,360.00
16,000.00
5,400.00
10,256.40
Storm Drain
Manhole Installation
7,600.00
10,000.00
6,400.00
11,616.00
16,000.00
5,660.00
10,386.80
Fill behind Curb & Gutter 1,300.00 3,250.00 4,062.50 487.50 1,625.00 6,175.00 5,590.00
Catch Basin and
Installation and 12" Piping to Manhole 5,325.00 9,000.00 2,700.00 8,349.00 9,000.00 4,500.00 8,474.70
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12" of excavation,
backfill &
compaction for sidewalk 5,040.00 15,400.00 10,360.00 3,724.00 14,700.00 10,080.00 21,000.00
Sidewalk Removal 1,130.00 1,130.00 791.00 491.55 904.00 678.00 2,384.30
4" Concrete
Sidewalk Installation 38,430.00 41,090.00 41,160.00 43,750.00 42,000.00 42,000.00 37,660.00
Truncated Domes
1,260.00
1,020.00
15.00
1,032.00
3,150.00
1,320.00
1,260.00
Curb & Gutter
Removal
300.00
200.00
240.00
211.00
100.00
208.00
420.00
Curb & Gutter Installation 39,760.00 35,074.00 38,340.00 48,706.00 51,120.00 52,398.00 41,748.00
Sub-Total 348,825.70 407,907.25 408,132.25 438,674.30 438,634.00 462,343.50 498,925.20 Deduct Lithium
(Curb & Gutter)
(4,686.00)
(9,570.80)
(4,742.80)
(7,384.00)
(5,254.00)
(4,970.00)
(4,828.00)
Deduct Lithium (Sidewalk) (4,200.00) (9,492.00) (4,242.00) (6,580.00) (4,760.00) (4,452.00) (4,340.00)
Total 339,939.70
388,844.45 399,147.45 424,710.30 428,620.00 452,921.50 489,757.20
Council Member Egbert moved to approve Landon Excavation as the low bid for Local
Improvement District (LID40); Council Member Stout seconded the motion; Mayor Woodland called for a vote:
Those voting aye Those voting nay
Council Member Erickson None
Council Member Sutherland
Council Member Egbert
Council Member Mann
Council Member Benfield
Council Member Stout
The motion carried.
Other projects:
1. Public Works Director Millar reviewed the work on 12th West. The Depatco portion of
the project, to widen the base and make repairs to soft spots, is 99% completed. They
have some clean-up to do, but should be done by next week. ITD handled the bidding
and the low bidder for the paving project went bankrupt; the project has been offered to
the second lowest bidder, HK Contractors. The pre-construction conference with the
contractor is scheduled for tomorrow. The street will not be paved before school begins.
They will be working directly with Russ Wilson, the school’s Physical Facilities Manager, to
coordinate the flow of traffic during construction.
Discussion on the timing of paving 12th West. It will most likely be completed near the
end of September. It only takes four or five days to pave, but the roads will have to be
closed down for that time.
2. The street light at 7th South and 2nd East is complete including the widening of the
street and the blacktop south of the light. There is some grading to clean up. Seal coating
on city streets is complete too. Seal coating failures for the past two or three years were
discussed. Public Works Director Millar met with HK Contractors today to discuss the
past seal coating failures. They plan to do some tests in a very controlled environment to
figure out what is going wrong. Council Member Erickson was concerned with seal
coating failures by HK Contractors. When the first chip seal coat failed, HK Contractors
did the second seal project on their own. Other projects have held up; they are trying to
figure out the reason three chip seal projects have failed on 7th South. The bonding for
seal coating contracts only lasts 12 months. Streets that had seal coat failures include Reed
Street and 7th South.
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3. 1st and 2nd West Water and Sewer Line extensions are complete for the Hemming
project; curb and gutter will be installed next week. The water lines are being tested; they
have experienced some problems with bacteria. The lines will be flushed again tomorrow.
The project might not be finished before school starts.
4. LID 40 Contracts are signed. The work will start next week.
5. Waste Water Plant screening tower is being constructed. Pictures of the project were
reviewed. 48 Semi Loads of media for the tower tank are being delivered this week. It
should be operational around the 1st of September.
B. Approval of Bids on Aquatic Facility
Johnny Watson from JRW Associates reported a sign has been put up at the site of the Riverside
Park Aquatic Facility. Now residents know what is happening if they did not know before. He
reviewed the calendar for the construction of the Aquatic Facility. Tuesday was the pre-bid for the
HVAC, plumbing, and electrical contractors. There was a good amount of local interest. Payment
bonds are required. The foundation wall for the building is scheduled. Bids were reviewed:
Pool Installer
1. CEM Aquatics $1,811,204
2. Knorr Systems, Inc. $2,000,000
3. The Pool Company, Inc. $2,095,995
Building Concrete Package
1. Bryan Landon No Response 2. Edelmayer & Sons $129,125
3. KB Construction No Response 4. Saurey Construction $144,800
Masonry
1. JW Masonry $286,695.72 2. Mickelson’s $305,000.00
3. Sommers Masonry $324,750.00
Mr. Watson explained some of the building processes for the current bid projects. Pictures were shown of concrete projects. Walls will be poured tomorrow. The facility is well ahead of schedule.
Mr. Watson added extra plumbing fixtures to maximize occupancy. There will be approximately 108 plumbing fixtures, including floor drains, showers, restrooms, and etcetera.
Council Member Erickson asked about the bid for construction of building parts. Mr. Watson
explained different parts of the building are included in separate bid projects. The concrete, masonry, structural steel, are all components of the building that are in the bid process now. They are building
from the ground up. The building walls will be made by masonry work; the roof will be done in steel. Mr. Watson further explained the building will have a 50 year lifespan. All components are low-
maintenance and built for longevity.
Council Member Egbert moved to accept the low bids for the Aquatic Facility building components from CEM Aquatics for $1,811,204 on the Pool components for the building; Edelmayer & Sons for
$129,125 for the building concrete package; and JW Masonry for $286,695.72 for the masonry; Council Member Benfield seconded the motion; Mayor Woodland called for a vote:
Those voting aye Those voting nay
Council Member Erickson None
Council Member Sutherland
Council Member Egbert
Council Member Mann
Council Member Benfield
Council Member Stout
The motion carried.
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C. Finance Department: – Matt Nielson
1. Monthly Budget Report
CITY OF REXBURG BUDGET SUMMARY REPORT FY 2010 10 months ending 7/31/2010
Budget vs EXPENSES BUDGET ACTUAL 83% FORECAST Forecast
OPERATING DEPARTMENTS & FUNDS
Mayor, Council & Economic
Development
296,600 204,822 69% 254,400 42,200
Economic
Development
287,500 173,297 60% 311,500 -24,000
Customer Services 239,800 200,087 83% 242,100 -2,300
Information Technology 181,000 147,219 81% 179,300 1,700
Financial Management 613,800 489,775 80% 604,500 9,300
Legal Services 195,500 159,919 82% 192,300 3,200 Planning & Zoning 96,400 73,947 77% 107,600 -11,200
Building Safety 634,300 503,247 79% 618,700 15,600 GIS 350,400 267,803 76% 340,000 10,400
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Emergency Services 2,023,600 1,475,603 73% 2,040,600 -17,000 Golf Courses 473,100 359,538 76% 443,700 29,400
Parks & Ball Diamonds 380,600 221,401 58% 361,800 18,800
Recreation Administration &
Programs
354,600 177,382 50% 332,600 22,000
Miscellaneous:
MYAB, Airport, Legacy Flight
Museum
276,000 107,704 39% 138,400 137,600
Police Department
Administration Division & Fund 09 851,000 694,567 82% 874,900 -23,900
Patrol Division & Funds 13 1,485,100 1,235,227 83% 1,483,700 1,400
Investigations Division 541,400 459,525 85% 560,400 -19,000
Community Services Division & Funds
08,11,14
448,200 340,343 76% 437,800 10,400
Total Police
Department
3,325,700 2,729,662 82% 3,356,800 -31,100
Public Works
Public Works Director &
Engineering
405,500 332,746 82% 415,000 -9,500
Shop 263,300 219,946 84% 267,100 -3,800
Sanitation 1,583,300 1,176,158 74% 1,484,600 98,700 Water 1,824,900 1,222,347 67% 1,688,200 136,700
Wastewater 3,280,900 2,261,600 69% 3,038,300 242,600 Street Operations 1,441,900 1,032,659 72% 1,320,400 121,500
Street Repair Contracts 224,600 452,752 202% 726,900 -502,300
Total Public Works 9,024,400 6,698,208 74% 8,940,500 83,900 TOTAL OPERATING DEPARTMENTS & FUNDS
18,753,300 13,989,614 75% 18,464,800 288,500
Deputy Finance Officer Matt Nielson reviewed the Budget Summary Report at 83%. Operations
are under budget at 75% and capital is at 37%. Revenue is at 78% and property Tax is at 96%. Golf
Course expense is up 12% and revenue is level. The municipal revenue is low; probable due to the
new nine holes at Teton Lakes Golf Course. The fees were kept level while expenses went up.
Council President Mann asked about a $300,000 transfer to the Rexburg Development Agency. The
city invests some of the money and then transfers it to the Rexburg Development Agency. They
administer on the loans. The Veterans Memorial fund is from donations.
Calendared Bills and Tabled Items:
A. BILL Introductions:
City Attorney Zollinger introduced a BILL for Pawn Shops to use LEADS online software.
It allows monitoring the receipt of Pawn Shops to check for stolen property. It is an ordinance
requiring all pawns to be entered electronically. The Police Department already has the software. It
was purchased with a grant, costing approximately $2,500. After being required to use the LEADS
Online software, if the pawn shop neglects to enter an item online then it becomes a misdemeanor.
Detective Randy Reese supported the proposal.
B. First Reading: Those items which are being introduced for first reading.
1. BILL 1052 Amend Appropriation Budget 2010
Council Member Erickson moved to first read BILL 1052 amending the Appropriation Budget for
2010; Council Member Stout seconded the motion; Mayor Woodland called for a vote:
Those voting aye Those voting nay
Council Member Erickson None
Council Member Sutherland
Council Member Egbert
Council Member Mann
Council Member Benfield
15
Council Member Stout
The motion carried
C. Second Reading: Those items which have been first read.
1. BILL 1050 Appropriation Budget 2011
Council Member Sutherland moved to second read BILL 1050 for the Appropriation Budget 2011;
Council Member Stout seconded the motion; Mayor Woodland called for a vote:
Those voting aye Those voting nay
Council Member Erickson None
Council Member Sutherland
Council Member Egbert
Council Member Mann
Council Member Benfield
Council Member Stout
The motion carried.
D. Third Reading: Those items which have been second read. – NONE
Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table: -
NONE
Mayor’s Report:
A. Eliminate Reverse Diagonal Parking
Mayor Woodland asked for public comment:
Debbie Little lives in Burton at 20 South 5000 West; her husband works at the University. She does
not like Reverse Diagonal Parking because it is counter intuitive. If you are in a hurry you are going
from a wide street to a narrow parking place. You have to pass the parking place before you can back
into the parking space. She asked to eliminate Reverse Angle Parking.
Rick Davis at 530 Comanche Drive related six reasons to discontinue reverse angle parking. 1. Those that use it have a different idea than those who drive by it.
2. New students each semester to train.
3. Parking spaces are at premium. It eliminates parking with poor parking methods taking
a slot and ½ with the vehicle parking across the lines.
4. It impedes traffic flow.
5. Visitors are confused. Cars are going both ways.
6. Salt Lake has abandoned their reverse angle parking.
Council Member Egbert moved to abandon Reverse Diagonal Parking; Council Member Erickson
seconded the motion; Discussion: Council Member Sutherland was concerned BYU-I was not
recognizing the parking problem. City Attorney Zollinger indicated there was never was a full
utilization of parking stalls on the west perimeter of campus.
Council Member Mann said the real concern is safety, when it seems it is becoming a political issue.
There is a real reason for reversed angle parking; the record shows injury accidents are reduced by
45% for injuries and 25% fewer vehicle accidents. Kids’ open doors lead them to the sidewalks on
reverse angle parking. Bicyclists are safer. It wasn’t done without some thought; there have been
some traffic accidents around the University. It was a tool in the safety direction. Council Member
Erickson asked Attorney Phil Packer if the University had an opinion on Reverse Angle Parking. The
University will support the decision of the city.
Council Member Erickson agreed with regular angle parking. Council Member Egbert indicated
Sunday use of reverse angle parking is not appreciated. Mayor Woodland said the main problem was
training new students every semester. Since implementing reverse angle parking, Rexburg has not had
an icy winter, which creates problems with the visibility of the parking lines. Council Member
Benfield agreed with the safety concerns; however, the University has increased efforts to educate and
bring awareness to students on traffic safety matters. She was willing to abandon the reverse angle
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parking plan. Council Member Stout was favorable to Reverse Angle Parking; however, he supports
changing the parking when so many dislike it. Mayor Woodland called for a vote:
Those voting aye Those voting nay
Council Member Erickson Council Member Mann
Council Member Sutherland
Council Member Egbert
Council Member Benfield
Council Member Stout
The motion carried.
Discussion on when to begin painting the new street parking lines. Next week would be ideal, before
students come back to school.
B. Resolution 2010-13 for University Vicinity parking and Downtown Commercial Residential parking
City Clerk Kay explained the residents on 3rd East have asked to be included on the Parking Plan
Map. The change will include two more blocks from 2nd South to 4th South on 3rd East. Residents would be given two free Residential Permits from the city. Residents also have the option of
purchasing additional permits from the city if they would like to park more than two vehicles on the street.
Council Member Stout moved to approve Resolution 2010-13 for changes to the University Vicinity
Parking Map and the Downtown Commercial Residential Parking Map with removal of reverse
diagonal parking; Council Member Egbert seconded the motion; Mayor Woodland called for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Erickson
Council Member Sutherland
Council Member Egbert
Council Member Benfield
Council Member Stout
The motion carried
C. Ratify appointments to Arts Council – Paula Sonderegger, Leslie Berger, & Rebecca Brown Ratify appointment to Tabernacle Committee – Paula Sonderegger
Ratify appointment to Museum Committee Chair – Martell Grover
Council Member Egbert moved to ratify appointments to Arts Council for Paula Sonderegger,
Leslie Berger, & Rebecca Brown; also, ratify the appointment of Paula Sonderegger to Tabernacle
Committee; Council President Mann seconded the motion; Mayor Woodland called for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Erickson
Council Member Sutherland
Council Member Egbert
Council Member Benfield
Council Member Stout
The motion carried
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 04, 2010 meeting
17
B. Approve the City of Rexburg Bills
Council Member Sutherland moved to approve the Consent Calendar, the minutes, and the city
bills; Council Member Egbert seconded the motion; Discussion: Council President Mann asked for
information on the transfer of $300,000 to the Rexburg Development Agency. Mayor Woodland
called for a vote:
Those voting aye Those voting nay
Council Member Erickson None
Council Member Sutherland
Council Member Egbert
Council Member Mann
Council Member Benfield
Council Member Stout
The motion carried.
Adjournment
__________________________________
Attest: Richard Woodland, Mayor
________________________________
Blair D. Kay, City Clerk