HomeMy WebLinkAbout2011.07.06 CITY COUNCIL MINUTES1
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
Chief of Police Shane Turman led the Pledge of Allegiance.
Prayer was offered by Mr. Joseph West
Roll Call of Council Members:
Attending: Council Member Erickson, Council Member Benfield, Council Member Sutherland,
Council Member Stout, Council Member Egbert, and Mayor Woodland.
Council President Mann asked to be excused.
Council Member Erickson asked to be excused later in the meeting after reading the BILLS.
(The BILLS were reviewed earlier in the meeting)
Public Comment: on issues not scheduled on the agenda (limit 3 minutes)
Michelle Diamond at 31 W. Main St., Apt 1, Saint Anthony, ID, had concerns with crosswalks and
pedestrian safety. She mentioned how many close calls she has witnessed and the increasing
population of students that will further impact crosswalks in the future. She felt that blinking lights
are the best solution for pedestrian safety.
Presentations: NONE
Committee Liaison Assignments for 2011:
A. Council Member Adam Stout Trails of Madison County · Traffic & Safety Committee · Airport
Board
Council Member Stout did not have anything to report.
B. Council Member Brad Egbert Legacy Flight Museum · Parks & Recreation · IBC Committee
Council Member Egbert did not have anything to report.
C. Council Member Bruce Sutherland Museum Committee · Beautification Committee · Traffic &
Safety Committee
Council Member Sutherland did not have anything to report.
D. Council Member Christopher Mann Emergency Services Board · School Board · MYAB
Council Member Mann asked to be excused.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x2313
Fax: 208.359.3022
blairk@rexburg.org
www.rexburg.org
City Council Minutes
July 06, 2011
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E. Council Member Donna Benfield Police Department · Romance Theatre Committee · Rexburg Arts Council · Tabernacle Civic Center · School Board
Council Member Benfield reported on the Police Department being very busy this week. They
had a total of 16 arrests, including an arrest of seven that involved a drug manufacturing facility.
They worked with the county on the drug arrests. A pedestrian was injured in a crosswalk, but is
doing ok. The “B” permits have been ordered. We had 7 to 10 thousand people at the parade, and
she commended the Police Department on their crowd control. Police Officer Randy Haderly is
retiring on July 31st and he has worked as the high school resource officer. The Police Department
would like an ok from the City to replace that position.
Council Member Benfield made a motion to replace Officer Randy Haderlie; Council Member
Sutherland seconded the motion; Mayor Woodland asked for discussion and a vote:
Those voting aye Those voting nay
Council Member Stout None
Council Member Erickson
Council Member Benfield
Council Member Egbert
Council Member Sutherland
The motion carried.
Council Member Benfield reported on the Romance Theater. She attended their meeting and things are going well and she brought pictures to show the City Council. She didn’t have anything
to report on for the Arts Council.
City Attorney Zollinger said they have narrowed it down to two people for the Arts Council Committee Chair and the interviews will be conducted shortly.
F. Council Member Rex Erickson Golf Board · Planning & Zoning · Rexburg Redevelopment Agency
Council Member Erickson said the Planning and Zoning Commission has one item on the agenda
they have heard. He mentioned how the committee feels Rexburg Rapids was such a great idea. Mayor Woodland asked about the Teton Lakes Golf Course. Council Member Erickson said the
revenue is down; however, he was pleased with the employees keeping costs down. The cash is almost double last year’s cash receipts during the same time period.
Public Hearing: - NONE
Items for Consideration:
A. Approve publication of proposed Fee Schedule for the Building Department fees and other city fees - Richard Horner
Mayor Woodland reviewed the proposal.
Finance Officer Horner said there will be a public hearing next meeting. There are a few fee changes for the Legacy Flight Museum. Most of the fee changes are in the Building Department.
He mentioned the impact on the revenues will be at break even. The purpose of changing the fee structure is to pattern after other cities concerning rate calculations. It will be in line with Rigby’s
fee schedule. This will put Rexburg on par with the rest of the state. Council Member Benfield asked if the fees and the appropriation budget are posted online. Finance Officer Horner said he
wanted to get them approved first, and then they will be up online and published in the newspaper shortly. They discussed the Legacy Flight Museum and insurance.
Council Member Stout motioned to approve the publication of proposed Fee Schedule for the
Building Department fees and other city fees as discussed; Council Member Erickson seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Stout None
Council Member Erickson
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Council Member Benfield
Council Member Egbert
Council Member Sutherland
The motion carried.
B. Set tentative Appropriation Budget 2012 – Richard Horner
(BILL 1072 Appropriation 2012 Budget)
Finance Officer Horner said this is the same budget that has been reviewed in the past. The only
change was a $30,000 grant for the Tabernacle Windows and whatever else they need. The tentative
budget with all the funds and projects would be $46,000,000. That is down from last year which was
about $52,000,000. He mentioned that in the packet there is a resource that gives information about
the high points of the budget. He said we need to approve the tentative 2012 Budget tonight.
Mayor Woodland reviewed the proposal.
Council Member Sutherland moved to approve the tentative “Appropriation Budget” for 2012;
Council Member Erickson seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay Council Member Stout None
Council Member Erickson
Council Member Benfield
Council Member Egbert
Council Member Sutherland
The motion carried.
C. Set a public hearing on July 20th at 8:15 P.M. for the budget and utility rate increases and approve the proposed wastewater fee increases to be effective October 1, 2011 - Richard
Horner
Mayor Woodland reviewed the proposal.
Finance Officer Horner said the only utility that needs an increase this year is the wastewater. The increase amounts to an average of $2.00 a month for the average home. The increase is related to
inflation and addition expenses. He said, “we hope that in a year we won’t have to raise it at all.”
Council Member Stout moved to approve the public hearing on July 20th at 8:15 P.M. for the
budget and utility rate increases and approve the public hearing for the proposed wastewater fee
increases to be effective October 1, 2011 as discussed; Council Member Egbert seconded the
motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Stout None
Council Member Erickson
Council Member Benfield
Council Member Egbert
Council Member Sutherland
The motion carried.
D. BILL 1073 to Amend the Development Code - Ordinance 1026 (Chapter 3) Medium
Density Residential Two (MDR2) by allowing larger buildings. Change the code to read
“Buildings with more than four (4) dwelling units.” The second change is to add the
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“Medium Density Residential Two (MDR2) Zone to “Low-Moderate Density Residential”
land use designation – Staff (NOTE: Recommended for approval by Planning and Zoning.)
Mayor Woodland reviewed the proposal.
Council Member Stout moved to amend the Development Code Ordinance 1026 Chapter 3,
Medium Density Residential Two (MDR2) by allowing larger buildings. Change the code to read
“Buildings with more than four (4) dwelling units.” The second change is to add the “Medium
Density Residential Two (MDR2) Zone to “Low-Moderate Density Residential” land use
designation as discussed; Council Member Benfield seconded the motion; Mayor Woodland asked
for a vote:
Those voting aye Those voting nay
Council Member Stout None
Council Member Erickson
Council Member Benfield
Council Member Egbert
Council Member Sutherland
The motion carried.
E. Amend the Comprehensive Plan Map land use designation from “Low-Moderate Density
Residential” to allow “Neighborhood Commercial/Mixed Use” and allow “Moderate-High
Density Residential” – Rexburg Hill Properties, LLC.
NOTE: This request was denied by the Planning and Zoning Commission.
Council Member Erickson asked if it was an appeal of the same proposal. Michael Batt indicated
it was the same application presented to Planning and Zoning. They would amend their proposal if BILL 1073 was approved; Which is to “Amend the Development Code Ordinance 1026 Chapter 3,
Medium Density Residential Two (MDR2) by allowing larger buildings; and change the code to read “Buildings with more than four (4) dwelling units.” Plus the second change is to add the “Medium
Density Residential Two (MDR2) Zone to “Low-Moderate Density Residential” land use designation.” He indicated if the amended proposal BILL 1073 was approved, they would be able
to take High Density Residential out of their request; They are hopeful to have the area east of the Temple changed to mixed use to allow for a park and commercial zone for a reception center and
other activities relating to weddings.
Mayor Woodland reviewed the proposal.
Council Member Stout moved to accept the recommendation of Planning and Zoning to deny the
request to amend the Comprehensive Plan Map land use designation from “Low-Moderate Density
Residential” to allow “Neighborhood Commercial/Mixed Use” and allow “Moderate-High Density
Residential” – Rexburg Hill Properties, LLC. as discussed; Council Member Erickson seconded
the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Stout None
Council Member Erickson
Council Member Benfield
Council Member Egbert
Council Member Sutherland
The motion carried.
F. Temporary Business Registrations
Compliance Officer Schneider stood in for Planning and Zoning Director Christensen. She
mentioned Planning and Zoning Chairman Dyer could not attend the meeting. She presented a
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letter from him and input from other Planning and Zoning Commissioners regarding temporary
businesses. Three businesses were reviewed concerning “Temporary Business Registrations.”
She indicated the city requires a business registration and time requested for temporary
status as allowed by the city code:
A. (ORDINANCE 1029: WHEREAS, a distinction has been observed between businesses operating on a temporary basis of around fourteen days – around events such as July 4th – and businesses operating
on a seasonal basis – usually within four or six months centered on the Summer season; 6.01.040 Definitions: 26.Temporary: Is defined as six months or less; 6.01.190 Violation – Penalty
Any person, firm or corporation violating any provision of this chapter, or of any ordinance relating to licensing, where no other penalty is provided, shall be fined not less than twenty-
five dollars nor more than five hundred dollars for each offense. Any person violating any such provision may in addition to a fine or in lieu of a fine be imprisoned for not more
than six months. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. Site plan to show the dimensions of the lot and the location of the business
on the lot including setbacks and the location of sidewalks, streets, parking, etc.
Three businesses discussed:
1. M.A.J.I.X. doing business as “The Bubble Dome” located at 72 North 1st East. The product
is “Boba Drinks.” The drink is a frozen slush drink made with real fruit and Boba imported
from Taiwan.
2. Super Savers Discount Food, LLC. doing business as a “grocery outlet” for case lot sales
located at 328 North 2nd East.
3. Taco Bus on 4th South relocated across the street to 312 West 4th South.
The letter from Planning and Zoning Chairman Winston Dyer reads as follows:
“I recognize that in our current economic climate everyone is trying to do the best
they can. Many of us are seeking ways to do business with lower overhead, and it would appear that these two requests are something along those lines. In that respect one would
want to do what they could to help encourage business and commerce as long as it didn't detract from or create impacts on others.
However I do have some serious concerns about the potential impact of these
proposals and knowing that there are several others just like them wanting consideration. Our planning and our zoning are set up to bring uniformity and conformity to
neighborhoods, protect the character of the neighborhood, reduce impacts, keep things aesthetically appealing, and try to balance the greater good of the community with the rights
and desires of individual property owners. Even though these proposals are in commercial areas, I don't believe anyone would argue that inflatable bubbles or large tents in the midst
of brick-and-mortar buildings would be out of character and create distraction.
I worry too about what "temporary" means. We've had a number of businesses indicate they wanted temporary status (which in my mind is maybe 30 to 60 days) and
they’ve been there a couple of years now. Think of the "temporary" taco bus right next to the proposed tent that has taken on such permanence as to have had a drive through ramp
built up next to it to help cars get up to the level of the bus windows. I've had a number of comments from citizens over the past couple of years about how out of character that
business is with everything else along the 2nd East corridor.
If these proposals for temporary structures were going in for 30-60 days then I doubt it would be worth the expense of buying the bubble or the tent…so in my mind they
likely have a much longer plan in mind and thus the character of the commercial neighborhood will be impacted for a corresponding duration well beyond “temporary”.
I also reflect on all the efforts we've made in enacting design standards to help
improve the aesthetic appeal of the community, improve property values, and make the community more attractive to new business and consumers – and then remember the
requests we’ve made of many businesses to make their new buildings an attractive enhancement to the community through implementation of those design standards. How
do bubble domes and large tents fit into that philosophy and approach, and where would
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there be equity to the others that have had to incur costs beyond what they really wanted to
in order for the community to be made a better place?
I have had inquiries in the past from brick-and-mortar business enterprises about
these temporary businesses around town (e.g., trailers and taco busses) and whether these
temporary businesses pay the same kinds of taxes and fees that the brick-and-mortar
businessmen pay. Thus I am confident that approving these proposed temporary
businesses would do nothing but bring a perceived inequity in the minds of our more
"permanent" businesses.
As always in our planning and zoning we walk the fine line between respecting
individual property rights and providing for the greater good of the community. Without
studying these proposals in detail and depth, I am of the opinion that they are mostly for
the economic benefit of the applicant and do little to improve or enhance the community
or to contribute to the “greater good”. With an increasing trend toward lower overhead
and cutting costs across the business spectrum, I fear that opening the door to these kinds
of requests will be establishing a precedent that will create additional concerns for us in the
long run as such proposals could easily detract from, rather than enhance, the community.
Sorry, but I see the potential impacts of these proposals to be greater than any
benefits to the community and therefore do not feel I am in a position to support them.
Lastly, I have an additional concern about circumventing due process to give these
requests special consideration just because they may be seasonally oriented and time is
running short. I think of the many other people we have made go through the normal
channels and regularly scheduled meetings in order to get proper consideration from us and
I believe we are doing an injustice to them by giving these applicants special consideration
outside of our regularly established process. Lack of understanding or adequate planning
on the applicant’s part should not constitute an emergency on ours (even though I went
ahead and commented anyway J). The unfortunate consequence is that every time we do
something like this, then the next guy expects it too…
Thanks for the opportunity to observe and comment... hope this is helpful.
Winston Dyer”
Compliance Officer Schneider referred to other Planning and Zoning Commissioner’s comments
to staff concerning the temporary businesses.
Cory Sorensen:
“I have mixed feelings about this because I put myself through school here in Rexburg Idaho
selling hot chocolate and scones out of my temporary business. I do feel there is always room
for these types of businesses but the question is where and what requirement need to be
implemented so they are a benefit to the community and not a distraction. There are some very
good examples of temporary business that have been around for years and I believe add to our
community while there are many more examples that are very distracting as chairman Dyer has
pointed out.”
“I agree that the approval process for such businesses needs to remain the same, and go through
the current established channels.”
“Thank you Mayor, Chairman, Commissioners, and Staff”
Cory Sorensen
Jedd Walker:
“My thoughts are congruent with Chairman Dyer’s.”
Thanks,
Jedd
Thaine Robinson:
“I agree with Winston’s points. It would not be necessary to repeat them.”
Thaine Robinson
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Compliance Officer Schneider said Community Development Director Christensen’s opinion is
some temporary businesses contribute to the community while others are distracting. Community
Development Director Christensen feels the design standards and safety issues need to be
considered. He also feels that time lines need to be more definitive, and specific deadlines are
needed. Mayor Woodland asked if there is a time line currently; Compliance Officer Schneider
stated there is a time line. There are seasonal ones that last for four to six months, such as the Snow
Shack. Council Member Stout questioned the request. Compliance Officer Schneider said this
would extend this past one year.
The request from Community Development Director Christiansen is to give businesses only thirty
or sixty days and then have them move into a building. Mayor Woodland said he feels six months is
fine; however, the problem is enforcing the six month limit. Council Member Benfield is also
concerned with the fairness in cost of a fixed business verses a mobile business. Council Member
Stout indicated temporary businesses allow them to become established in the community and
prevents customer leakage to other communities. One issue that needs to be address is the
conversion of mobile businesses located in structures that are permanent. This raises questions of
safety and building code compliance.
Compliance Officer Schneider stated there are temporary business owners and individuals from
the brick and mortar businesses to share their thoughts.
Diana L. Johnson, owner of the business Majix gave statement regarding commercial property.
The applicant rezoned the property to continue their revenue stream and avoid litigation. She said
she has conformed to all of the requirements of the City. She feels that if a property is kept up
nicely then it should be able to generate revenue. She explained that she has forgone rent from her
tenants for over a year in some cases because they didn’t initiate market studies to test the viability
of their product on the market.
Brandon Urednick, business manager used a power point to explain his business at 110 E 1st N
called the Bubble Dome. They are proposing an active market study for three months as a mobile
business. The suggested location is closer than ten feet to the right of way line. They will follow
Osha regulations regarding electric cords. Mr. Urednick is requesting 90 days for his temporary
business. Diana L. Johnson made further comments regarding the safety and parking. She said they
are changing the parking to make it safer than it has been in the past. Mr. Urednick wants to
eventually move into a brick and mortar building if his business goes well. Compliance Officer
Schneider mentioned that the temporary banners have a time limit as well.
Mayor Woodland reviewed the proposal.
Council Member Stout motioned to approve the Bubble Dome’s Temporary Business application
in line with the set up they have presented for 90 days; Council Member Sutherland seconded the
motion;
Council Member Stout withdrew his motion to hear from other businesses first. Council
Member Sutherland seconded to withdraw the motion.
Ron Campbell at 2275 Robinson Drive owns three brick and mortar businesses in town including
Subway and New York Burrito. He feels some frustration with temporary businesses because of
property taxes. He made a suggestion to limit the volume of temporary business permits. Idaho
Falls does not have the volume of temporary businesses that Rexburg allows.
Richie Webb at 68 Wheatland Drive thinks that volume is an important consideration. Certain
criterion needs to be developed including design standards. Also, enforcement is important to
consider and penalties for those who do not comply.
Wes Haws at 136 W. 8000 S. representing Super Savers Food said they need to establish brand
recognition in the community. They will have a large tent and sell case lots and will be located
where the John Deer building used to be located. This location would be for market research and
Mr. Haws has plans of moving into a brick and mortar building. There will be no refrigeration, just
case lots.
Jorge A. Pelayo owner of Taco Bus on 4th West is asking for an extension on his temporary
business license. He explained that at one point he moved to a brick and mortar building, but lost
many of his customers. He says his customers prefer to going on the bus and after nine months
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after moving his restaurant into a brick and mortar building he decided to move back into the bus to
regain his previous customers.
Council Member Egbert had a concern regarding Super Savers Discount Food, LLC. Council
Member Stout explained that Rexburg is in competition with Idaho Falls especially for grocery and
discount food.
Council Member Benfield agreed with Richie Webb’s suggestions regarding design standards. The
City of Rexburg does not have any design standards in place currently for temporary businesses.
City Attorney Zollinger commented about safety standards and compliance of temporary businesses.
Council Member Stout suggested Planning and Zoning be involved with aesthetic regulations.
` Council Member Stout moved to approve the Temporary Business Registrations as discussed;
Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Stout None
Council Member Benfield
Council Member Egbert
Council Member Sutherland
The motion carried.
Staff Reports: A. Public Works: – John Millar gave his report.
1. South Pioneer Road Construction ground work is under way. Sewer and water stub outs
for undeveloped property will be installed.
2. High pressure sewer line project is going out to bid next week
3. Preliminary design for phase two of the wastewater treatment upgrade is being designed
which includes the sludge thickening process and associated buildings.
4. Discussion on the 2012 sanitation truck (sanitation trucks are budgeted on a seven year
cycle) The proposed sanitation truck is used in other communities including Shelley,
Blackfoot and Preston. We are proposing to piggyback on the same bid for these
communities.
a. Sanitation Truck: 2012 Peterbilt Chassis $101,802.00
b. Wayne Curbtender 24 C.Y. Packer $ 99,601.77
Total $201,403.77
Budgeted $282,800.00
Shortfall $ 18,603.77
The Net Sanitation Department Budget to the end of June is -$62,000.00 under budget. The
$18,603.77 shortfall will be covered by the Sanitation Budget. Mayor Woodland reviewed
the proposal.
Council Member Sutherland moved to approve the purchase of the 2012 Peterbilt Chassis and the
Wayne Curbtender 24 C.Y. Packer; Council Member Benfield seconded the motion; Mayor
Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Stout None
Council Member Benfield
Council Member Egbert
Council Member Sutherland
The motion carried.
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Public Works Director John Millar explained Rexburg Rapids has been busier than expected and
has not been able to accommodate the parking needs of the customers. Rexburg Rapids reached
2200 attendance on their peak day thus far. Further parking was discussed. He explained they may
turn adjacent land into more parking stalls. The east parking lot that runs north to south may be
opened which would allow for 40 to 60 more stalls. Finance Officer Horner suggested that the
parking needs to be doubled. He also said there would be money available for more parking.
Currently, there are 142 stalls in the parking lot. Public Works Director John Millar said the slightest
wind causes dust to come in and the west area needs to be hydro-seeded. This will cost
approximately $2,000 to $3,000. He said he will put together some plans the first of the week with
two or three alternatives.
Recreation Director Robert Yeatman reported on the progress of Rexburg Rapids at Riverside
Park. Additional Pool Information June 25-July 5, 2011
• Maximum capacity has been reached twice, on July 2nd and July 5th during our afternoon sessions.
• Our average daily attendance (June 25-July 5) has been 1228 patrons.
• License plate inspection has determined that on a given day, 35-45% of patrons are from outside
of Madison County. We do not include out of state licenses in this count, believing that the
majority of those plates are BYU-I students.
• As of July 5th, we have used 1800 lbs of chlorine and 145 gallons of hydrochloric acid to treat
the pools.
• We have begun using cyanuric acid in our systems to help reduce chlorine burn off and loss due to bather load and evaporation. This measure is to try to reduce chlorination waste and cost.
Cyanuric Acid bonds with chlorine particles and extends the life of the chlorine.
• The pools are being maintained at a temperature between 83-84F degrees.
• We have had 3 fecal incidents, 2 resulting in half hour closures and the other requiring a 12 hour
closure. Fortunately the 12 hour incident occurred late in the evening. We have also had one case of vomit in the pool, resulting in another half hour closure. Three of the incidents
happened in the Zero Entry/Pool area and the other in the Lazy River.
• The blue side is currently being re-fabricated and delivery is expected in the next two weeks.
Johnny Watson has already been consulted regarding the new install and having the correct
equipment and personnel on hand to expedite the process without disrupting daily pool
activities.
• Our parking lots have filled within an hour of opening each day. An overflow lot has been created adjacent to the parks department grounds and has created about 50 new parking spaces.
Additional parking is being discussed.
June 25th to July 5th 2011 Revenues
Fitness Admissions 126.00$
Daytime Admission 34,508.95$
Evening Admission 9,017.50$
Punch Passes 4,924.75$
48,577.20$
Inventory Sales 2,130.00$
Shelter/Party Room Rental 170.00$
Exlusive Rental 875.00$
Swim Lessons 28,886.00$
80,638.20$
Total Admissions
Total
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Rexburg Rapids June 25th - July 5th Daily Admissions
Daily & Weekly Totals
Total Total Total High Count High Count
Afternoon Evening People Afternoon Evening
6/25/2011 Saturday 885 227 1,112 423 154
6/27/2011 Monday 820 85 905 527 85
6/28/2011 Tuesday 1,202 349 1,551 858 330
6/29/2011 Wednesday 825 268 1,093 558 213
6/30/2011 Thursday 721 721 462 closed
7/1/2011 Friday 880 296 1,176 589 226
7/2/2011 Saturday 1,613 518 2,131 925 455
Weekly Total 6,061 1,516 8,689
7/4/2011 Monday 827 140 967 472 135
7/5/2011 Tuesday 1,127 273 1,400 N/A N/A
Weekly Total 1,954 413 2,367 472 135
Daily Average 270 1,228 602 228
B. Finance Department: - Richard Horner
Calendared Bills and Tabled Items:
A. BILL Introduction: Ordinance to change Mayor and City Council Salary
(No motion needed)
Finance Officer Horner introduced the ordinances to change the salaries of the Mayor and City
Council Members. The Mayor’s salary would go up according to the changes in costs of living. The
last time it was raised was four years ago. This ordinance would change the salary for the Mayor
from $58,944 to $64,416. The City Council would receive an annual salary of $6,000 or $500 per
month. He said this needs to be done by the second Council meeting in August, because it must be
completed 75 days before the election. It would not need a public hearing.
B. First Reading: Those items which are being introduced for first reading.
1. BILL 1073 Amend the Development Code Ordinance 1026 Chapter 3, Medium
Density Residential Two (MDR2) by allowing larger buildings. Change the code to read
“Buildings with more than four (4) dwelling units.” The second change is to add the
“Medium Density Residential Two (MDR2) Zone to “Low-Moderate Density Residential”
land use designation.
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City Attorney Zollinger said over the past few years they have gone back and forth on their
Comprehensive Plan Map and presented it to the public. They used what was called a bubble map.
Some property owners were stretching the bubbles a little more than they considered reasonable.
This bill would allow for low and medium density to be allowed in the low-moderate density on the
Comprehensive Plan Map. The bill would also allow medium and high density in the moderate-high
density on the comprehensive plan map. This would create definitive lines instead of these bubbles.
The first effect of this change would be to allow low-moderate density to apply for medium density.
The second effect is that developers will be able to have more units per buildings without changing
the density. This bill doesn’t change the heights or density only the number of units per building.
The bill takes one of the steps out.
Mayor Woodland reviewed the proposal.
Council Member Stout moved to first read BILL 1073 Amend the Development Code
Ordinance 1026 Chapter 3, Medium Density Residential Two (MDR2) by allowing larger buildings.
Change the code to read “Buildings with more than four (4) dwelling units.” The second change is
to add the “Medium Density Residential Two (MDR2) Zone to “Low-Moderate Density
Residential” land use designation; Council Member Benfield seconded the motion; Mayor
Woodland asked for a vote:
Those voting aye Those voting nay Council Member Stout None
Council Member Erickson
Council Member Egbert
Council Member Sutherland
Council Member Benfield
The motion carried.
C. Second Reading: Those items which have been first read.
1. BILL 1071 Rezone – Community Business Center (CBC) and Medium Density
Residential One (MDR1) to High Density Residential 2 (HDR2) at approximately 360 South
4th West.
Mayor Woodland reviewed the proposal.
Council Member Sutherland moved to second read BILL 1071 Rezone – Community Business
Center (CBC) and Medium Density Residential One (MDR1) to High Density Residential 2 (HDR2)
at approximately 360 South 4th West; Council Member Stout seconded the motion; Discussion:
Council Member Benfield was not prepared to vote for a second reading pending a traffic report.
Council Member Erickson said they tabled the bill last time until the traffic report was submitted.
Council Member Stout withdrew from seconding the motion. The motion died for lack of a
second. Mayor Woodland proposed to table the bill until a traffic report is presented.
Council Member Benfield moved to table the second reading of BILL 1071 pending the traffic
study; Council Member Erickson seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay Council Member Stout Council Member Sutherland
Council Member Benfield
Council Member Erickson
Council Member Egbert
The motion carried.
D. Third Reading: Those items which have been second read.
1. BILL 1014 - January 20, 2010: “THE TOWING AND PARKING ENFORCEMENT
ORDINANCE”
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Mayor Woodland reviewed the proposal.
Council Member Sutherland asked Council Member Erickson if he hired someone to tow or boot vehicles on his property. Council Member Erickson indicated he did have a towing and booting
service patrol his lot. Council Member Sutherland asked if Council Member Erickson should declare a conflict of interest. Discussion on what constitutes a conflict. City Attorney Zollinger indicated a
conflict could be declared if it was discussed as a conflict; then the City Council Member would need to declare a conflict if there was a pecuniary interest in the outcome of the vote. Council
Member Erickson did not believe it was a conflict because he did not have an agreement on his property. He has relatives that have a towing and booting agreement with property they own.
Mayor Woodland asked for any further discussion.
Council Member Stout moved to remove BILL 1014 “THE TOWING AND PARKING
ENFORCEMENT ORDINANCE” from the agenda and not consider the BILL third read;
Council Member Benfield seconded the motion;
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Stout Council Member Sutherland
Council Member Benfield Council Member Egbert
Council Member Erickson
The motion carried.
Council Member Sutherland moved to remove the City (Police Department) from the complaint
process and the City should divest itself of any conflicts with towing and booting. Conflicts should
be referred to the University and the property owners. It should be standard City policy to say the
City Council has voted on the BILL to resolve booting and towing issues; however the BILL was
tabled. We have voted on this issue and we should not have our Police and City employees in the
middle of any conflicts between booting and towing companies and private property owners.
People should be referred to legal counsel, property owners, or the University for relief; Council
Member Stout seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Stout None
Council Member Benfield
Council Member Erickson
Council Member Sutherland
Council Member Egbert
The motion carried.
Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table:
Mayor’s Report:
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, Bills, etc:
June 15, 2011 meetings
Approve the City of Rexburg Bills
13
Council Member Sutherland moved to approve the Consent Calendar consisting of the minutes,
and the city bills; Council Member Stout seconded the motion; Mayor Woodland asked for a
vote:
Those voting aye Those voting nay
Council Member Stout None
Council Member Benfield
Council Member Sutherland
Council Member Egbert
The motion carried.
Adjournment
_____________________________ Richard Woodland, Mayor
Attest:
________________________________
Marianna Gonzalez, Assistant City Clerk