HomeMy WebLinkAbout2014.06.25 CITY COUNCIL MINUTES
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June 25, 2014
Mayor Richard Woodland
Council Members:
President Sally Smith Jordan Busby
Donna Benfield Jerry Merrill
Christopher Mann Brad Wolfe City Staff: Stephen Zollinger – City Attorney
Matt Nielson – 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
Gary Hagen led the pledge.
Robert Scott said the prayer.
Roll Call of Council Members:
Attending: Council President Smith, Council Member Mann, Council Member Benfield, Council
Member Busby, Council Member Wolfe, and Mayor Woodland.
Council Member Merrill asked to be excused.
Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes):
NONE
Presentations:
Committee Liaison Assignments for 2014:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council Member Mann reported his committees have not met; the golf course looks good and
Emergency Services is doing well; MYAB is running the Carousel this Saturday and all proceeds will
go toward the MYAB.
B. Council Member Jordan Busby: GIS Oversight · Airport Board · Traffic & Safety
Council Member Busby reported his committees have not met.
C. Council Member Donna Benfield: Police · Trails of Madison County · IBC · Teton Flood Museum Committee
Council Member Benfield reported Trails of Madison County met to schedule a cleanup day in
July. She read a letter to the police from the Afton, Wyoming police. It was in reference to the
funeral service for a Las Vegas police officer in Afton, Wyoming. The Rexburg Police officers are to
be commended.
D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre &
Tabernacle Civic Center, Orchestra) · M.E.P.I.
Council President Smith reported on a successful airshow. The weather was just right with 300
people being fed the night before the event. The Arts Council met two weeks ago to line up the
summer concerts. The Romance Theatre is under repair. Ms. Elizabeth Bossard, one of the Arts
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
June 25, 2014
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Council members, passed away yesterday. She will be greatly missed. MEPI has not met. The AIC
meeting in Boise was a great conference last week. She mentioned that it was well attended and a
great conference with good key note speakers. They AIC President is the Mayor of Meridian so they
learned a lot about Meridian and toured the new 60 acre park with a shopping complex called The
Village. Ken Harwood, the head of the AIC, is retiring.
E. Council Member Jerry Merrill: School Board · Parks & Recreation · Urban Renewal Agency
Council Member Jerry Merrill was excused.
F. Council Member Brad Wolfe: Planning & Zoning · Beautification Committee
Council Member Wolfe reported Planning and Zoning met last Thursday bringing forward some
items for City Council to review. Richie Webb retired and Tisha Flora was instated in Planning and
Zoning.
Council Member Benfield mentioned that the Police Department has a new Patrol Officer, Jordan
Jensen, and they have hired a new Parking Attendant, Jen Andrus. There is a cook-out and shooting
instruction tomorrow night.
Mayor Woodland said the City Parks are looking good.
The Community Gardens are well utilized and they are looking good.
Mayor’s Report:
The City is in good shape we will miss Elizabeth Bossard.
Public Hearings:
A. 7:10 P.M. Public Hearing for (BILL 1014) to repeal and replace Ordinance 911 regulating
booting and towing. (Notable changes include visitor parking increasing from 3% to 5% and
booting and towing must be authorized at the time of each occurrence by the property owner or
his agent).
Staffs review: (From the proposed BILL 1014)
9. Non-Consensual Towing and Booting Practices on Multi-Unit
Residential Private Properties.
(A) All of the following conditions must be met:
1. Visitor Parking: Properties with less than 10 on-site parking spaces shall not be required to provide visitor
parking. Properties with 10 or more on-site parking spaces must provide visitor parking equal to 5%
(rounded up to the nearest whole number) of the number of onsite parking permits or 6 spaces (with a
minimum of one visitor parking space). Visitor parking equal to 5% will take effect September 01, 2014.
2. Visitor parking stall(s) must be conveniently located.
3. Tenants using Visitor parking: Tenants will not be allowed to park in visitor parking except during
the following times:
a. From 12:01 a.m. until 1:00 p.m. Sunday thru Friday and from 1:00 a.m. until 1:00 p.m. Saturday for
student housing complexes.
b. Non-student complexes may set convenient visiting hours, but shall be available at least between the hours of
1:00 p.m. and 12:00 midnight daily.
4. Visitor parking times may be variable but not less than 30 minutes.
5. Visitor parking areas must have adequate and visible signage and text. Signs must be at least 12” x 18”
and include the words “Visitor Parking Only”, “Permit Parking only during ** A.M. to ** P.M.” (based
on current BYU-I curfew and visiting hours), and “All others may be booted and/or towed”
6. Parking Permits: Properties may only issue parking permits equal to the number of available spaces (on
and/or off-site parking).
7. Offsite parking: There shall be no limit to offsite parking. There shall be no restriction on distance from the
residential complex to the offsite parking for residential complexes legally existing on the effective date of this
ordinance. There shall be no required visitor parking for areas designated as offsite parking.
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(B) Owners of multi-unit residential private property may, to the extent authorized by this section, boot or tow away
any unauthorized vehicle on their premises. An unauthorized vehicle is any vehicle that is parked or stopped, in
violation of any private property parking regulations which govern parking for authorized tenants and visitors and
which restricts parking in loading zones, handicapped zones, fire lanes, and no parking zones only.
(C) It shall be unlawful for any person, firm or corporation to boot or tow away any motor vehicle on any authority
other than by the direct request of the owner, authorized agent of the owner, or a Rexburg City Police officer
present at the location from which the motor vehicle is to be removed. The towing of any vehicle shall be reported to
the Rexburg City Police or the Madison County Dispatcher within one half hour thereof, using the current
published non-emergency telephone number of the police department or dispatch.
…
(G) Before booting:
(1) Before booting or towing a vehicle located on private property a parking enforcement or towing company shall:
(i) Receive from the property owner or his authorized agent, who shall not be affiliated in any way with the
parking enforcement or towing company, a signed request for each booting or towing of a particular vehicle up
to one half hour after non-tenants are required to be off the premises;
Council Member Mann asked about the 3% to 5% visitor parking change. Would that be for
new apartments and would existing apartments be grandfathered in? City Attorney Zollinger
explained that if they want to continue with the non-consensual towing, they would have to
increase parking to 5%. New apartment complexes would be held to the standard of the current
code.
Mayor Woodland opened the public hearing.
Public Testimony in favor of the proposal (5 minute limit):
Audra Brown is a student at BYU-I. She thinks the ordinance should be changed to stop
predatory booting. She provided the following input:
Possible Talking Points for Predatory Booter Hearing
Predatory Booting is a most extreme response to what in most cases is a non-problem.
Apartment Managers and Predatory booting companies have gone way beyond the mark, especially
when over parking is not a serious problem. Apartment managers should not be able to empower a private
company to enrich themselves on financially struggling students, and those who are visiting them by taking
possession of their vehicles and holding them ransom.
Apartment managers and booters should be required to take some responsibility for making responsible,
nuanced decisions when enforcing parking rules.
There are many cases where bishopric members and parents have been booted while they are legitimately
fulfilling their jobs as church leaders and parents.
Predatory booters are taking on the role of very powerful law enforcement actions, which they use to prey
on poor students. They have often been seen lurking, waiting to take possession of vehicles the second the
clock hand ticks in their favor.
A Private company with no sanction of deputization from law enforcement, should not have unfettered
power to take possession of persons vehicles over such minor infractions. The city can give modest parking
tickets, why are these private companies allowed to enforce the law in a much more radical way?
It makes sense that apartment owners and the booting companies are provided some guidelines to check
their actions. Power without checks and balances has a tendency to increase itself and ignore balance. This is
why power so often corrupts when left unchecked.
Nolan Sim is a BYU-I student. He said he was booted after just a few minutes while dropping
someone off. He knows someone who was booted one minute after midnight curfew. It is
ridiculous. They patrol right after curfew. He believes the reason why, is for the profit incentive.
Rexburg is the worst city for booting. He has never been booted in other towns. Imagine if city
parking or speeding tickets were handled this way. Parking shortages are always a problem close
to the University.
Gage Olsen is a BYU-I student. He shared his experience of getting booted after four minutes.
He was dropping off an assignment. Visitor parking was full. The parking lot was not full at the
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time. He waited 40 minutes for the booter to come take off the boot and had to pay $50.00. He
indicated they are not in a free market situation. Parking is very limited. He is very careful not to
get booted now. Apartment complexes should allow more time before booting.
Dillon Briggs is a BYU-I student who has been booted. It doesn’t make sense that a police
enforced parking ticket is $15.00 but a private enforced parking boot costs $50.00. He was upset
at the booters approach and their attitude. He knows someone who needed to get to the
hospital, but couldn’t because a boot was on her car. What kind of town allows this action.
Michael Bullock is a BYU-I student who was trying to help a friend. Visitor parking was full;
however, there were other parking spots available. He was booted at 12:54 A.M… There were
still other available spots. It is ridiculous, even when you use common sense. He asked about
grandfathering.
Nicholas Dierly is a BYU-I student. He said punishing a person for being in a parking lot by
keeping the car in the parking lot is backwards. Towing, although a bit dramatic, makes more
sense. He agrees with having the apartment managers give consent before any vehicle is booted.
Mitchell Schwartz is a BYU-I student. He indicated in Aspen Village, during a ward activity,
the whole bishopric got booted. These are men fulfilling their callings. It put a damper on the
whole evening. These men had to wait a half hour for the booter to come later getting home to
their families. The whole parking lot was practically empty; however, visitor parking was full.
Marin Gunnell is a BYU-I student. It is unfair for the booters to do what they do. She is in
favor of the new ordinance. The students don’t have enough places to put their cars. Private
companies should not control our lives.
Nolan Sim is a BYU-I student. He was also concerned about safety in regards to visitors
helping out girls that don’t have cars to get to a hospital if needed.
Rusty Ward is a BYU-I student. He said the current law has inconsistencies. You can’t tell
from one parking lot to another. He was booted at a parking lot that is all gravel. The parking
signs are inconsistent.
Blake Yamnik is a student at BYU-I. He indicated booting happens throughout the day; not
just at curfew.
Public Testimony neutral to the proposal (5 minute limit):
Kelly McKamey from Rexburg was opposed the use of the word predatory. He was concerned
with the City Council controlling private business. He was in favor of eliminating the ordinance.
He reminded everyone that there is an appeal process through the University.
Heather Dunken from Rexburg said the businesses are not providing enough parking for their
customers.
Ray McDougal from Rexburg was wondering about changing the visitor parking. Does that
mean the apartment complex must increase the overall amount of parking? Land is scarce and it
would put a bigger burden on the developer is they have to increase parking.
Kevin Boarder is a BYU-I student. He was opposed to predatory booting. Being greedy is a
business model.
Darrin Jensen is a BYU-I student. He is neutral to the BILL. The BILL has its pros and cons.
He was concerned with causing the managers to control the booting. He supported the free
market approach. Emergency issues are a concern. More visitor parking is needed. He likes the
way they boot at the IVY where he lives. He knows he can expect to have a parking space when
he comes home. Tuscany did not boot him. He thinks the booting depends on the manager and
that’s where the issue should be debated.
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Public Testimony opposed to the proposal (5 minute limit):
Lisette Meynders from Rexburg indicated those opposed were parked illegally. It is up to the
individual complexes to regulate booting. She does not allow booting for check in and check out
periods. She referenced parking in Holland where they were ticketed for parking. She does not
want her manager to stay up to watch the parking lot or even during the day. She does not want
her manager to be the bad gay. Booting companies get their cars vandalized. She suggested
handing out semester passes to the clergy. She tries to accommodate and be nice to students.
Old people get booted too. If you know it is going to happen; don’t park illegally.
Bryant Rosell from Rexburg was opposed to the proposal. It should be between the booters
and the owners. He did not want the manager to do the booter’s job to monitor the parking lot.
People who are booted are taking a paid parking stall from another person.
Van Rolls is a student at BYU-I and a manager at Mountain Lofts which is a large complex. He
suggested some changes; however, he was opposed to the manager patrolling a 600 parking stall
lot. He would like the managers to be able to have an overriding veto. Understandable mistakes
can be written off. Apartment complexes should support the students in a fair manner.
Blake Willis from Rexburg is a part owner of a complex. He wanted more parking on the
street. Their residents are paying for their parking. One to One parking requirements did not
have these parking problems. His booting company only comes when they ask for them; not on
Sunday and Monday evening. He wanted Ordinance 911 to remain in place.
Melanie Davenport from Rexburg said they have discussed this issue with other apartment
owners. Towing companies do have a place. She thinks apartments should give out ecclesiastical
passes or perhaps allow ecclesiastical people to put their business card in the window to alert the
booting company that they shouldn’t get booted. She suggested that towing company’s first text
or take a picture to time stamp the vehicle and then wait at least 10 minutes before booting the
vehicle. She said the manager could be more involved to control the situation. This could be a
great opportunity to establish some trust between the city and the Rexburg Off Campus
Housing Association.
Council Member Busby asked Ms. Davenport how many people belong to the Rexburg Off
Campus Housing Association. She said all the owners are members.
Ben Cuevas is a BYU-I student. He is a booter who knows it is a huge burden for the
managers. The booting company employees face threats and angry people all the time. Everyone
needs to learn responsibility. If you park illegally, you take the risk of getting booted. Their
company tells people, if they see them park illegally, to move their car or they will get booted.
Their job is to keep the lot clear. He wants to keep Ordinance 911.
Jason Swatsenbarg is associated with River Bend who is building the North Point Apartments
which is the first apartment complex to build a multi-story parking garage. Scarce resources will
always be scarce. It will never be possible to provide enough parking for everyone. He does his
best to work with students and managers. He wants a place where people want to be. He wants
to protect his students’ parking spaces. Common sense should prevail. He tries to avoid
predatory booting but has to do what is necessary to protect the parking for his tenants. He
does not want the proposed changes.
Caleb Barker is a student at BYU-I. He was asking why booting was allowed. His wife manages
an apartment complex. He did not think this BILL was the answer. It places the burden on the
managers. He wanted to keep his wife from taking late night calls. Maybe booting companies
will take this issue into consideration and change their behavior.
Darrin Helm with Guardian Booting and Towing said this ordinance does not solve the
problem. We have a parking problem and this ordinance does not solve that. Owners hire them
to do the job; safety can go both ways when cars park illegally in the street, etc. He is there to
help the manager keep the parking lots clear. He tries to do a good job. A few things they do is
to try to give students as much of a chance with the manager sending emails and signs at every
entrance. People will try to push the limit. This ordinance has a lot of problems with the costs;
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he needs to pay for his expenses. This bill does not promote a free market. He has had property
damage to his vehicles during the booting process. He trains his employees to work through
tough situations. Some managers might be able to handle parking enforcement, but some can’t;
he has new managers each semester. He is not in favor of the proposed changes.
Heather Spring is an apartment manager who gave a reference to her husband getting a
speeding ticket; he broke the law; it was not a predatory law. They work with tenants and visitors
to keep everyone aware of the parking situation. They also work closely with the booting
company. It would cost her $10,000 a year to monitor the lot all day.
Virginia Pratt is an apartment owner. She spoke to the concept of being an adult and being
responsible for obeying the parking law. She likes the free market concept with fewer
regulations. She referenced the city hiring a parking attendant to monitor parking; it’s the same
as hiring a booter to monitor parking. She encourages students to read the signs and obey the
contracts that they signed. Be responsible and take the consequences of your mistakes. We do
not need more regulations.
Kelly McKamey would like to clarify that he is against BILL 1014. He is in favor of leaving it
between the apartment complexes and the booting companies. He would like to repeal
Ordinance 911.
Ray McDougal said there are always unintended consequences; as a business and an apartment
owner he would like to see Ordinance 911 repealed. He would like the free market to take care
of itself.
Written Input:
is
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Dear Mayor Woodland,
We at The Colonial House join BYU-Idaho in support of ordinance 911.
We would suggest that there be a “bishop pass” type bumper sticker that would be good
for all complexes and all parking spots whether it be visitor parking or regular student parking.
Our support of 911 is as follows:
Parking illegal is illegal
It is not reasonable to have someone available 24 hours a day 7 days a week.
Complexes next to BYU-Idaho have real problems
New complexes with limited parking that cost up to $100.00 a semester need to protect the
students right to park.
There is a grievance path for students through BYU-Idaho. Complaints to the city should be
referred to BYU-Idaho.
Thank you for your time and consideration
Denny Austad
The Colonial House
151 Viking Drive
Rexburg, ID 83440
208-589-2194
Dear Mayor and City Council,
I am sorry I cannot be at City Council meeting Wed. evening. I have business affairs in
Salt Lake City that I cannot change. I would like to submit my opinion on the towing and
booting ordinance to be discussed. I have read the suggestions from the Marassi's and I
think their arguments do have some merit. I am opposed to requiring Apt. Owners to
provide more Visitor parking spaces. I believe their suggestion to allow 1 hour of street
side parking has some value. It may be worth suggesting to the Apt. Owners that they
have their Managers or Assistants be more active during their check-in/check-out
periods and monitor their parking lots so that parents/friends can park in their lot for a
limited time without being booted or they could issue a permit from the Office that is
good for 20 or 30 minutes for unloading and then they need to move out of the parking
lot.
Having said that I do recognize that policing the 1 hour limit could be problematic
without adding more Parking Enforcement Officers which I don't believe we want to do.
Another option might be to not enforce the "U" parking zone during the 3-4 days around
the University classes starting and ending dates so that visiting parents can move their
students in and out without fear of booting and once that period is over there should be
enough regular Visitor parking spots to accommodate any stragglers or other visitors.
Another suggestion would be to form a committee comprised of Reps. from the Apts.
and students to whom a booted person could appeal to for a review and if the booting
party was found to have booted a car unreasonably (according to a set of accepted rules
agreed to by the committee and booting companies), that person would be required to
pay double or triple the booting cost back to the victim of the unreasonable booting
practice (I include towing in this as well). This would help the towing/booting employees
to think twice and make a logical judgment before towing or booting a car when it is not
necessary.
These are just suggestions for discussion. Parking always comes with its own set of
challenges but I would hate to see us impose more onerous regulations on the Apt.
Owners who are facing their own set of challenges. Somehow we need to come up with
a way to be both visitor friendly and business friendly.
Thanks for your time and good luck!
Warm Regards,
Jerry Merrill
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Staff Report:
City Attorney Zollinger said the manager is not required to monitor the parking lot it only
requires the manager to authorize the boot or tow. This is a common practice in many
communities. The problem is not solved by involving the managers. Provo took this action to
solve the same problems over the years. Attorney Zollinger said that he has had several meetings
with Darren Helm and Mr. Helm has tried to modify the approach, but always within the
parameters that he is the one that needs to make the decision because the managers don’t want
to be involved in policing the property. Prior to 1996, managers controlled the booting situation.
This ordinance does not prohibit predatory booting; however, it does involve visitor parking.
The off campus housing association did not want to allocate any more visitor parking. The
compromise at the time was to quit preying upon people coming to the complex to see tenants.
The city police the streets because they are responsible for traffic flow not because they will gain
extra compensation for each ticket they write. They don’t give bonuses out to the police officer
who issues the most tickets. The history behind Ordinance 911 was to facilitate visitor parking
for the tenants. At the time this ordinance was written, Planning and Zoning was recommending
10% visitor parking, but it ended up being only 3%. The IVY has the highest percentage of
visitor parking and the lowest number of booting complaints. Visitor parking is always available
at the IVY. Booters are not allowed to boot or tow at the Ivy without authorization from the
manager. It is not feasible to expect that 200 young girls will only have 6 visitors at a time.
The reason for the BILL is to comply with an earlier compromise. City Staff is supportive of the
BILL to control predatory booting. The Rexburg Police Department still gets complaints do to
predatory booting and towing practices.
Discussion: Provo parking ordinance, Bozeman parking and state code.
City Attorney Zollinger explained the one to one reduction is based on an agreement between
the city and the apartment owner.
Mayor Woodland closed the public hearing for deliberations.
Deliberations: (BILL 1014)
Council President Smith thought it is was an issue between the owners and the booters.
Would increased visitor parking help?
City Attorney Zollinger said more visitor parking was recommended by the staff. The
apartment owners did not want to increase visitor parking.
Council Member Wolfe indicated the businesses should have control of their lots; however,
more visitor parking would be good. He would like the apartment owners to solve it on their
own. He is in favor of more visitor parking.
Police Chief Turman referred to Ms. Spring’s discussion on speeding tickets. The city does not
take the car immediately and require the money on the spot. He recommended a billing system
with common sense and compassion. Civil disputes are coming in weekly to the police
department. He asked for some common sense in the process without holding the person
hostage.
Council Member Benfield said this is a prime example of issues the City Council is unaware
of. She wanted more discussion between the owners, the towers, and the police. She does not
like the predatory word. It is private business between private parties.
Council Member Mann said the cars could be driven less around campus. He does not want
the city in the middle of every incident. Is it out of line to ask managers to initialize the tow? He
doesn’t think so.
Council Member Busby asked how many booting companies are registered with the city and if
that number has gone up. He asked to make a motion.
Mayor Woodland said the apartment owners indicated they would solve the problem four years
ago; however the problem still exists. He was embarrassed for the city. We seldom use common
sense when money is involved.
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Discussion:
Council Member Busby moved to leave Ordinance 911 in place with the hope apartment
owners will solve the problem; Council Member Benfield seconded the motion; Discussion:
Council Member Wolfe asked to amend the motion; He decided to wait for a later discussion.
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith Council Member Mann
Council Member Benfield
Council Member Busby
Council Member Wolfe
The motion carried.
Break at 9:03 P.M. for 15 minutes.
B. 7:20 P.M. Public Hearing for (BILL 1117) Job (#14 00210) for a rezone from Medium
Density Residential One (MDR1) to Hemming Project Redevelopment Option (Hemming
PRO-Zone). The property is located at 136 South 1st West.
Richie Webb from Rexburg reviewed the proposal for the Darrell Ard home. They want to
convert the home into commercial use. The purpose is to restore and preserve some of the
homes on the block. They want to restore the home and use if for office space. They have added
parking to the development for a new tenant in the basement. They share a garage with the
Hancock’s on this property. They have signed an agreement with the Hancock’s to develop the
property. A buffer fence will be installed to divide the property that will take out a small storage
building. The Hancock’s were concerned with allowed uses in the Pro-Zone. Seventeen uses
were agreed to be allowed without further discussion. Hemming’s have a first right of refusal to
purchase the Hancock home. The Hancock agreement will be recorded with the deed. It is a
reasonable plan for the Pro-Zone Development. This will bring a new business to town.
Council Member Busby thanked Mr. Webb for being a good developer in the city. Council
Member Wolfe concurred with the accolade.
Mayor Woodland opened the public hearing.
Public Testimony in favor of the proposal (5 minute limit): – NONE
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Public Testimony neutral to the proposal (5 minute limit): – NONE
Public Testimony opposed to the proposal (5 minute limit): – NONE
Staff Report:
Community Development Director Christensen said the lot is .3 acres. There were no public
works concerns. Planning and Zoning unanimously recommended the proposal.
Council Member Mann asked about the other neighbors. Sally Rasmussen lives two houses
down from the property. She is pleased with what has been done. She is okay with proposed
zone change.
Mayor Woodland closed the public hearing for deliberations.
Deliberations: (BILL 1117)
Mayor Woodland asked for a motion:
Council Member Busby moved to approve Job (#14 00210) rezoning 136 South 1st West
from Medium Density Residential One (MDR1) to Hemming Project Redevelopment Option
(Hemming PRO-Zone); Council Benfield seconded the motion; Discussion: Mayor Woodland
asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Benfield
Council Member Busby
Council Member Wolfe
The motion carried.
Council Member Busby moved to suspend the rules for BILL 1117 for Job (#14 00210)
rezoning 136 South 1st West from Medium Density Residential One (MDR1) to Hemming
Project Redevelopment Option (Hemming PRO-Zone); Council Member Benfield seconded the
motion; Discussion: Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Benfield
Council Member Busby
Council Member Wolfe
The motion carried.
Council Member Busby moved to third read BILL 1117 rezoning 136 South 1st West from
Medium Density Residential One (MDR1) to Hemming Project Redevelopment Option
(Hemming PRO-Zone); Council Benfield seconded the motion; Discussion: Mayor Woodland
asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Benfield
Council Member Busby
Council Member Wolfe
The motion carried.
Items for Consideration:
A. Exchange property: One Acre at 140 E. 7th North for Six Acres on 5th West and 7th North – Staff
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Staffs review: City Attorney Zollinger reviewed the proposal to exchange property with Basic
American Foods, Inc. Joe Milligan and Attorney Larry Larsen from Basic American Foods were at
the meeting to discuss the proposal. An earlier agreement with Basic American Foods allowed
Rexburg to develop Eagle Park on an annual lease. Larry Larsen indicated in his letter to City
Attorney Zollinger dated June 23, 2014, the following points:
The Mendoza Trailer Park on 2nd East is the proposed property to exchange with the Eagle Park
property.
City Attorney Zollinger explained that the Mendoza Trailer Park has been demolished and leveled
with the septic system blasted out. The necessary remediation has been done. The property is the
entrance to Basic American Foods. Basic American approached the city to do the land exchange
which would allow them to get out of the license agreement on Eagle Park. This would give them
the option to put up an entrance sign and possibly put in some parking for visitors. He referred to
the letter written by Attorney Larsen with one exception on item seven, limiting its use to
recreational use only.
1. Basic will trade that portion of its Madison County property lying south and west
of the South Fork of the Teton River (about 5.5 acres currently subject to the License
Agreement dated August 14, 2007 , called the "Basic Parcel") for the roughly 1.6-acre
parcel on W. 1000 North between the railroad tracks and the credit union property on N.
2no East (called the "City Parcel"). The City Parcel will include any water rights
associated with the well on the property.
2. The City will provide a survey of the Basic Parcel.
3. Basic will have 90 days after the signing of the agreement to complete its
inspections of the City Parcel, to ensure that there are no prohibitive environmental
conditions or easements.
4. Real property taxes on both parcels will be pro-rated as of the date of the
exchange. Otherwise, both parcels will be traded free and clear of all liens and
encumbrances that would affect their value or future use.
5. The City will provide a title report on the City Parcel, and Basic will provide a
title report on the Basic Parcel. Each will provide title insurance for the other. The
agreed value of both parcels will be $190,000.
6. The trade will be considered a tax-free "1031 exchange" from Basic's standpoint.
The City will cooperate with that objective, although the City will not be obligated to
incur any expense to accomplish that.
7. The Basic Parcel will be transferred to the City subject to a restriction that limits
its use to public, recreational use other than hunting or target shooting. No other public,
commercial, industrial, or residential development will be allowed.
8. Upon the filing of an appropriate application by Basic, the City will grant a
building permit for Basic to place an internally illuminated business sign on the northeast
comer of the City Parcel.
There could come a time when this could become a major thoroughfare for the city. This has been
discussed with both parties.
City Council Member Mann asked about an appraisal. The Mendoza property has some
environmental issues that are of concern. The City purchased the property to start the process to
address the environmental concerns. The property exchange requires a public hearing.
$190,000 estimated value for the park.
$243,000 estimated expense for the Mendoza property.
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The request from Urban Renewal is for a 5th West bridge proposal in the future. The City Council is
requesting this property exchange to be included in a Urban Renewal District to allow the possibility
of a future bridge across the Teton River at this location.
The public hearing will have to make a finding that will support the transfer. Wastewater funds have
been used to purchase the Mendoza property.
Discussion:
Mayor Woodland asked for a motion:
Council President Smith moved to set a public hearing July 16, at 7:10 P.M. for the land exchange
as discussed; Council Busby seconded the motion; Discussion: Council Member Wolfe asked about
the values to be discussed in the Public Hearing. Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Benfield
Council Member Busby
Council Member Wolfe
The motion carried.
Staff Reports:
A. Public Works: – John Millar
1. Approve construction of Evergreen Parking lot to be bid July 02, 2014 – Staff
Public Works Director Millar asked City Council for approval to construct the Evergreen
Parking lot to be bid opening July 02, 2014. The parking lot would be on the north end of
the park by Main Street.
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Discussion:
Council President Smith confirmed the funding was from Park Impact Fees. Parks
Director McInnes is in favor of the project.
Council Member Mann was concerned with the need for more rest rooms in the future.
Public Works Projects:
1. Romance Theatre west windows will be started tomorrow.
2. Leveling University Blvd at the RR Tracks is possible.
3. 2nd West project is on schedule.
Council Member Benfield asked about Park Street. There is a problem with the curb and
gutter there. Also, the number of chickens allowed. Some people have too many. The
ordinance allows for 5. Complaints need to go to Compliance Officer Powell. Speed limit
sign at Barney Dairy Road? There are signs posted. Discussion about parking by the
baseball diamonds on Barney Dairy Road. Dirt will be hauled in this fall. Council Member
Benfield said that she often gets compliments on our parks, but someone said the
Tabernacle lawn is not looking good. Parks will be notified of that. She wants to be sure to
include Sugar City in the Teton Dam Marathon planning.
Council Member Busby asked about the Cresthaven LID. The proposal is ready to go. He
also asked about parking for apartment tenants and store owners behind City Hall. New
stalls have been added. Customers can park for up to 3 hours at a time. Discussion about
parking at the Farmers Market.
B. Finance Department – Matt Nielson
Chief Financial Officer Matt Nielson reported on utility cost for water, sewer and garbage.
The proposal is to increase the cost for garbage service fees by 3.2% or .62 cents per month for
every week pick-up. He also went over the Waste Water and Sanitation calculations. A public
hearing would not be needed since it is less that 5% increase.
Calendared Bills and Tabled Items:
A. USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE
PUBLIC HEARING PROCEDURE:
1. (BILL 1117) to rezone 136 S. 1st W. from MDR1 to Hemming Pro-Zone.
Approved in the public hearing.
Council Member Busby moved to suspend the rules for BILL 1117 for Job (#14 00210) rezoning 136
South 1st West from Medium Density Residential One (MDR1) to Hemming Project Redevelopment Option
(Hemming PRO-Zone); Council Member Benfield seconded the motion; Discussion: Mayor Woodland asked for
a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Benfield
Council Member Busby
Council Member Wolfe
The motion carried.
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Council Member Busby moved to third read BILL 1117 rezoning 136 South 1st West from Medium
Density Residential One (MDR1) to Hemming Project Redevelopment Option (Hemming PRO-Zone); Council
Benfield seconded the motion; Discussion: Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Benfield
Council Member Busby
Council Member Wolfe
The motion carried.
B. BILL Introduction: – NONE
C. First Reading: Those items which are being introduced for first reading:
1. (BILL 1014) Repealing Ordinance 911 and modifying the regulations for booting and towing.
No action was taken.
D. Second Reading: Those items which have been first read: – NONE
E. Third Reading: Those items which have been second read:
1. (BILL 1115) to repeal and replace Development Code (Ordinance No. 1026) to simplify the
code by removing conflicts.
Council Member Busby moved to 3rd read and approve BILL 1115 to repeal and replace
Development Code (Ordinance No. 1026) to simplify the code by removing conflicts; Council
Member Wolfe seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Benfield
Council Member Busby
Council Member Wolfe
The motion carried.
2. (BILL 1116) to rezone approximately 222 East 3rd South from Low Density Residential Two
(LDR2) to Medium Density Residential One (MDR1).
Council Member Wolfe 3rd read and approve BILL 1116 rezoning approximately 222 East 3rd
South from Low Density Residential Two (LDR2) to Medium Density Residential One (MDR1);
Council Member Benfield seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith Council Member Mann
Council Member Benfield Council Member Busby
Council Member Wolfe
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.
A. Minutes from May 07, 2014 meeting
B. Approve the City of Rexburg Bills
Discussion:
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Mayor Woodland asked for a motion:
Council Member Wolfe moved to approve the Consent Calendar and pay the bills; Council
President Smith seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Benfield
Council Member Busby
Council Member Wolfe
The motion carried.
City Council discussed participating in the 4th of July parade.
Adjourned at 10:35 P.M.
APPROVED:
_______________________________
Richard S. Woodland, Mayor
Attest:
_______________________________
Blair D. Kay, City Clerk