HomeMy WebLinkAbout2015.03.18 CITY COUNCIL MINUTES
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March 18, 2015
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
Troop 418 led the pledge.
Steve McGary said the prayer.
Roll Call of Council Members:
Attending: Council President Smith, Council Member Benfield, Council Member Mann, Council
Member Merrill, Council Member Wolfe, and Mayor Woodland.
Council Member Busby asked to be excused.
Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes):
Mr. Dewayne Jorgensen encountered an issue today. He took a walk with his dog around the Nature
Park. He needed to use a restroom and found that they were not open. This put him in a crisis. He
wasn’t sure what to do. His question is, since it has been the warmest winter on record, when are
the public restrooms going to be opened? The Mayor said by tomorrow morning.
Presentations:
Committee Liaison Assignments for 2015:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council Member Mann reported that the Golf Board has not met. Emergency Services will meet
next week. Mayor’s Youth Advisory Board met today. He appreciates Mary Flanary and all she does
to work with them. Two dates have been set, April 17th for the area high school dance and May 6th
for Rexburg Days. That’s when we do the city clean up and invite other groups to participate. The
library on Monday morning raised a flag in commemoration of Library week. That flag flew over
the capital and will go around to other libraries in the state. The library is a great treasure. He and
Council Member Merrill and Mayor Woodland toured the university last week with Mr. Conrad.
They looked at the welding and technology. It was a great tour and lunch.
B. Council Member Jordan Busby: GIS Oversight · Airport Board · Traffic & Safety
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
March 18, 2015
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Council Member Busby was excused.
C. Council Member Donna Benfield: Police · Trails of Madison County · IBC · Teton Flood Museum
Committee
Council Member Benfield reported her committees have not met.
D. Council Member Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle
Civic Center, Orchestra) · M.E.P.I.
Council President Smith reported Legacy Flight Museum has met and are focused on the “fly in”
set for June 20th at the airport. There will be a free pancake breakfast with all the planes on display
at the Legacy Flight Museum. There will be planes coming in from other areas. Two years ago
when they did it, there were 800 people that came through the pancake line. M.E.P.I. met at
Carriage Cove. Carriage Cove has finally received their certification from the state and region so
they will be taking patients right away. It’s been about ten months that they have been completed
but unable to use the facility. Richard Horner came to the M.E.P.I. meeting and talked about the
Urban Renewal Agency. He gave a good presentation. The Arts Council has not met.
E. Council Member Jerry Merrill: School Board · Parks & Recreation · Urban Renewal Agency
Council Member Merrill reported the School Board and Parks and Recreation met with the school
district representatives to iron out issues regarding the baseball complex. It’s good to meet with
them to talk over issues. Things seem to be moving forward nicely. Council Member Merrill
explained that over by the tennis courts by the Junior High there is land that used to be a waste
dump site and cannot have buildings on it. They are looking at building a baseball quad complex
where we can bring tournaments to town. There will also be one or two little league diamonds. The
land is in the process of being transferred to the city from the school district. It will become part of
the City Parks and Recreation.
Council Member Merrill said the tour at BYUI of the technology building was very good. He
asked them how we can keep some of this in Rexburg. There are a lot of good ideas that the
students come up with that would be viable business ideas. When the students move away, those
ideas die out. Council Member Merrill mentioned something he saw on the news where Pocatello is
doing a new program called “Idea Tank” which is like the TV show, Shark Tank. They help people
develop business ideas. He would like to encourage people to invest in something like this that
would help the economic development in Rexburg. He would like to work with the university to
develop ideas to keep students here and start their businesses in Rexburg. The university has invited
City Council to come on another tour in August of the heat plant.
Council Member Merrill also reported that the Urban Renewal Agency is holding a hearing to
present their annual report on March 24 at 4 pm. The public is welcome to attend. He apologized
for being late. His grandson has RSV and is in the hospital. His grandson is only 3 weeks old so he
cautioned everyone to be careful and maybe keep small children at home.
Council Member Smith mentioned that the Rexburg Business Competition has been very
successful with new entrepreneurs and their ideas. They are moving the business competition to
spring to bring in more university students. Economic Developer, Scott Johnson, has been trying to
create a fab lab that gives people a place to try out their ideas. The Rexburg Business Competition
has been successful in launching new businesses. Economic Developer Johnson is working with
Idaho Falls to broaden things. Mayor Woodland said that a group of manufacturers were here this
morning trying to find new things we can do and how industry can help industry.
F. Council Member Brad Wolfe: Planning & Zoning · Beautification Committee
Council Member Wolfe reported Planning and Zoning met two weeks ago. There was a public
hearing to change the 1st North area, between 1st West and 1st East. The commission recommended
that this be approved. They also looked at expanding the impact area.
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Mayor’s Report:
A. Proclamation 2015 – 02 “Fair Housing”
FAIR HOUSING MONTH PROCLAMATION 2015-02
WHEREAS, April 2015 marks the 47th anniversary of the passage of Title VIII of the Civil
Rights Act of 1968, commonly known as the Federal Fair Housing Act; and
WHEREAS, the Idaho Human Rights Commission Act has prohibited discrimination in
housing since 1969; and
WHEREAS, equal opportunity for all-regardless of race, color, religion, sex, disability,
familial status or national origin-is a fundamental goal of our nation, state and city; and
WHEREAS, equal access to housing is an important component of this goal-as fundamental
as the right to equal education and employment; and
WHEREAS, housing is a critical component of family and community health and stability and
WHEREAS, housing choice impacts our children’s access to education, our ability to seek
and retain employment options, the cultural benefits we enjoy, the extent of our exposure to crime and
drugs, and the quality of health care we receive in emergencies; and
WHEREAS, the laws of this nation and our state seek to ensure such equality of choice for all
transactions involving housing; and
WHEREAS, ongoing education, outreach and monitoring are key to raising awareness of fair
housing principles, practices, rights and responsibilities; and
WHEREAS, only through continued cooperation, commitment and support of all Idahoans
can barriers to fair housing be removed;
NOW, THEREFORE, I, Richard S. Woodland, Mayor of City of Rexburg, Madison County,
do hereby proclaim April 2015 to be
FAIR HOUSING MONTH
In the City of Rexburg, Madison County, State of Idaho.
IN WITNESS WHEREOF, I have hereunto set my hand at the City of Rexburg, Madison County in
City Hall on this 6th day of March in the year of our Lord 2015.
ATTEST:
____________________________________
Richard S. Woodland, Mayor
______________________
Blair D. Kay, City Clerk
Mayor Woodland asked for ratification of Proclamation 2015 – 02 for Fair Housing.
Council Member Smith moved to ratify Proclamation 2015 – 02 for Fair Housing; Council
Member Wolfe seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried.
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Public Hearings: None
Items for Consideration:
A. Ratify RESOLUTION NO. 2015-04 to establish the need to seek Judicial Confirmation to
issue bonds or obligations to upgrade Rexburg’s water facilities.
RESOLUTION NO. 2015-04
BY THE REXBURG CITY COUNCIL:
A RESOLUTION DECLARING THE NEED TO CONSTRUCT AND
ACQUIRE WATER FACILITIES; APPROVING THE PROJECT AND
AUTHORIZING THE CONSTRUCTION AND ACQUISITION OF SAID
FACILITIES; PRESCRIBING AN INSTALLMENT PURCHASE AND TRUST
AGREEMENT AND RELATED DOCUMENTS AS THE MOST SUITABLE
MANNER FOR SECURING CONSTRUCTION AND FINANCING OF SAID
IMPROVEMENTS; AUTHORIZING THE FILING OF JUDICIAL
CONFIRMATION PROCEEDINGS; DIRECTING CITY OFFICIALS TO
PROCEED WITH SAID FACILITIES AND FINANCING THEREOF AND
WITH THE FILING OF JUDICIAL CONFIRMATION PROCEEDINGS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, officials of the City of Rexburg (the “City”) have determined that it is
necessary to expand and improve its water facilities in order to provide adequate capacity
for meeting current health and safety requirements; and
WHEREAS, City officials have recommended that certain water facilities for the City
(collectively, the “Project”) be constructed and acquired to meet the above needs and
requirements; and
WHEREAS, City officials have recommended that the financing, acquisition and
construction of said Project be accomplished by an installment purchase and trust agreement
and certain supplements thereto in an aggregate principal amount of up to $11,100,000.00
(the “Agreement”) with certificates of participation, and related documents, and that prior to
entering into the Agreement and the other documents, the City should obtain judicial
confirmation of its power and authority to enter into said Agreement under Title 7, Chapter
13, Idaho Code; and
WHEREAS, the City on March 4, 2015, held a hearing concerning the Project and
the City’s consideration of filing a petition for judicial confirmation as required by Section 7-
1304, Idaho Code, as amended, after fifteen (15) days notice thereof published in the
Rexburg Standard Journal and notice to any individuals requesting it pursuant to Sections 7-
1304 and 7-1306, Idaho Code, as amended, and at said hearing all testimony was received
and considered, and at least fourteen (14) days has passed since the date of said hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF REXBURG, MADISON COUNTY, IDAHO:
Section 1. That construction, acquisition and financing of the Project is necessary in
order to meet the health and safety needs and requirements in the City.
Section 2. That construction, acquisition and financing of the Project in order to
meet said requirements is hereby directed and authorized subject to any requirements for
competitive bidding.
Section 3. That the Agreement and related documents are hereby approved and
authorized, subject to any competitive bidding requirements, as the manner and method to
finance the construction of the Project in the amount stated above, subject to the judicial
confirmation of the City’s authority to enter into said Agreement, and the filing of such
proceedings under Title 7, Chapter 13, Idaho Code is hereby authorized.
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Section 4. That the City officials and counsel are hereby directed to proceed with the
construction of the Project as provided herein and to proceed with the filing of the judicial
confirmation proceedings authorized herein.
Section 5. That this Resolution shall be in full force and effect from and after its
passage and approval.
PASSED by the City Council of Rexburg, Madison County, Idaho, this 18th day of
March, 2015.
Richard S. Woodland, Mayor
ATTEST:
By:
Blair D. Kay, City Clerk
Discussion:
Mayor Woodland asked for a vote:
Council Member Wolfe moved to approve RESOLUTION NO. 2015-04 to establish the need to
seek Judicial Confirmation to issue bonds or obligations to upgrade Rexburg’s water facilities;
Council Member Mann seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried.
B. Resolution 2015 – 05 Comprehensive Plan Map Amendment 3rd West Neighborhood
requesting a change in the land use designation from Moderate-High Density Residential to
Low-Moderate Density Residential.
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Community Development Director Christensen reviewed the proposal and the Staff Recommendations: He
reviewed the map and area in question.
STAFF RECOMMENDATION:
The request is to change the subject property from Moderate-High Density Residential and Neighborhood
Commercial/Mixed Use to Low-Moderate Density Residential on the Comprehensive Plan Map.
The Planning and Zoning Commission should take testimony in the public hearing to determine if this change to
the Comprehensive Plan Map is in the best interest of the community. Staff requests that discussion should include
the following:
1. Consideration for the NW Platte Neighborhood Association. Including nuisances and safety.
2. Recent changes to the Comprehensive Plan Map in or near the requested change. Why changes were made.
3. The City of Rexburg Comprehensive Plan Map in general. What is the purpose? Does the map adequately
reflect anticipated future growth? If the map is changed in this area, should other areas be changed? Are the
proposed changes best for the entire community?
4. How does the request fit in with Envision Madison proposals?
5. How does the request correlate to recent changes to the Development Code including Section 4.16
Infill/Redevelopment Standard?
6. If an area is to be changed, do the boundaries identified meet with the best interests of the community?
Discussion:
Council Member Smith said in the past they have encouraged residents to come together on
zoning their neighborhoods. She cautioned them to really consider what they are asking for and be
sure that this is what they want. If this is what they want, we should consider it.
Council Member Wolfe mentioned that things will change sooner than later in that frontage area
on Main Street. Could that area be pushed back to not include that frontage area? Community
Development Director Christensen said that it could go smaller.
Council Member Smith asked what the discussion was like at the public hearing. Council Member
Wolfe said that most everyone was in favor. There were a few home owners that wanted it to stay
the way it is. In the future that area is going to be mixed use. He hates to make a change now that
will affect them poorly in the near future. For the rest of the neighborhood it makes sense. Mr.
Christensen confirmed that it can be amended to be smaller. Mayor Woodland and Council
Member Wolfe asked where that line could be drawn. Mr. Christensen said, perhaps 165 feet back
which is a quarter of a block. Council Member Wolfe asked if that would make sense to do that.
Mr. Christensen said it would be consistent with other parts on Main Street.
Council Member Merrill is worried that if somebody who lives along the fringe area would need to
sell their property and would want to maximize it but if it has been rezoned, it wouldn’t bring as
much money. He asked for public comment on the issue.
Candy McFadden from that neighborhood said that their pieces of property are not big enough
for large commercial buildings. They are humble homes and there isn’t a lot out there like this for
first time home buyers.
Steve Oakey commented that he did vote against the proposal in Planning and Zoning. He sent a
letter to City Council to explain his reasoning. Mayor Woodland asked Council Member Wolfe to
read Mr. Oakey’s letter that was sent to City Council.
Written Input from Steve Oakey:
“Since having the privilege of serving on the board of the Rexburg Planning and Zoning commission I have found
myself being the lone voice on several important votes. No doubt, some have seen my actions as being those of an
obstructionist intent on making mischief. I assure the City Council and the public, that to the contrary, my
passioned reasoning comes from a strong assumption of liberal, responsible land use, guaranteed to all, by simple,
equitable, efficient rule of law, that runs counter to the current complex, multiplicity of head long rule making.
And to that end I feel compelled to explain, precisely, so as to be clearly understood how I arrive at my vote. In the
future, whenever I am the single “no” vote on important issues I will make it a habit of formulating my arguments
in written form, and submit them for public scrutiny.”
NOTE: On February 19, 2015 Planning and Zoning held a Public Hearing on the request and they
recommended approval by a vote of six to one.
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Community Development Director Christensen clarified that this is not a project. That is why it
wasn’t scored. It is a Comp Plan change. The scoring system was looking at individual projects.
Council Member Merrill said that Mr. Oakey brings up some good points. He feels that it is a
solid neighborhood; however, he doesn’t have objection to changing the comp plan.
Council Member Smith has an issue with changing the size. Those people are thinking that this
change is going to happen so it shouldn’t be changed without informing them first.
Council Member Mann said the people have done what was asked of them. He thinks it is a great
plan and he is glad to see neighborhoods do this.
Council Member Merrill asked if those people on Main Street should be consulted first. Council
Member Mann said that one person who lives on Main Street was opposed.
Council Member Wolfe asked how much of the Main Street area are apartments. Council Member
Merrill thinks that the area further back is fine but hates to move forward on this without first
making sure that is what the residents want. Council Member Wolfe is afraid that if they do change
it, someone may come back and want to change it again right away. He just wants to make sure we
do it right. Community Development Director Christensen pointed out that if changed it can still
allow up to 20 units per acre. It would allow someone to come in and ask for up to our Medium
Density Zoning. If someone did want to do mixed use, they would still have to get a comp plan
change and zone change.
Council Member Mann moved to approve the Resolution 2015 – 04 to approve the Comprehensive
Plan Map Amendment for the 3rd West Neighborhood requesting a change in the land use designation
from Moderate-High Density Residential to Low-Moderate Density Residential; Council Member
Benfield seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried.
C. Discuss the proposal by the Planning and Zoning Commission on February 19th to amend
the City of Rexburg Impact Area to the following boundaries: (3000 West to 2600 South to
Russell Rd on the East to 3000 North)
Community Development Director Christensen showed the comp plan map of the city. He
reviewed the current comp plan line and the impact area. The timing is right to increase the
impact area. They would like to take it out to some natural borders. Planning and Zoning took
a close look at it. They recommend it and would like to ask council for recommendation to go
to public hearing. It still has to go to county for final decision. The areas in the impact area are
still in the county and are under county jurisdiction but city rules will apply; like, building codes,
design standards and development codes in order to be consistent with city standards. It does
not extend city jurisdiction. The county simply agrees to abide by city rules.
Council Member Benfield asked if that extends our police control. Mr. Christensen said no, it
does not.
Council Member Merrill referred to the City of Iona that had problems when they tried to
annex some lands that were already developed. He wants to know if we should be expanding
our annexed areas before they are developed too much. Mr. Christensen said this is a step in that
direction. It keeps things in proper order.
Council Member Benfield asked where Russell Road is. It was pointed out on the map on the
East side.
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Mayor Woodland asked how far beyond Poleline Road it would extend. Mr. Christensen said a
half mile.
Discussion:
Council Member Smith moved to approve the proposal to have a public hearing before the
Planning and Zoning Commission to consider amending the City of Rexburg’s Impact Area to the
following boundaries: (3000 West to 2600 South to Russell Rd on the East to 3000 North); Council
Member Merrill seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried.
D. Apartment Parking Proposal – Apartment Owners/Managers
Trent Vandersloot said a number of the apartment owners were not in attendance at the
work meeting due to miscommunication. Nothing has been prepared, yet. The owners were
not aware that they were on the agenda.
Attorney Zollinger said that is correct, they were not supposed to be on tonight’s agenda.
The proposal presentation is supposed to be in April. He requested that we table this matter
until the first meeting in April.
Melanie Davenport said she needs to understand what council needs and what is expected.
Council Member Wolfe said they want a formal report on what solutions they come up
with.
Note: On March 12, 2015 the following proposal was presented to the City. Mayor Woodland, Council
Member Merrill, Council Member Wolfe and City Attorney Zollinger were in attendance.
Talking Points to Better Manage Booting Practices Off-Campus
What BYU-I Off-Campus Householders could do:
1. Protocol for all BYU-I Off Campus Householders
a. Booting Companies will inform Managers in a weekly report of the
booting/towing activity that has taken place on their property
b. Report will include a photo
c. lf there was an incident during the boot or tow then Managers will be informed
within 12 hours
d. Managers will report weekly to the Director of Operations or equivalent on a
weekly basis
2. BYU-I OCHA agrees not to boot or tow during move-in or move-out periods.
3. Managers will distribute booting/towing and parking information during check-in to all
residents that explains in a simple format parking regulations.
What the City of Rexburg could do:
1. Extend no overnight parking in the PEZ Zone year round.
2. Lower visitor parking requirements for Student Housing.
What BYU-ldaho could do:
1. Send a bulk email to student’s information on booting/towing parking.
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2. Add to the Approved Housing Contract for Students an item concerning parking
restrictions with a signature line.
Discussion:
Council Member Wolfe moved to table this discussion until April 1st; Council Member
Benfield seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried.
Staff Reports:
A. Public Works: – John Millar said he met with their consultant on the transportation study. They are
prepared to hold two public information meetings to present their findings on April 1, from 5 to 7 p.m.,
at the Court House and here at City Hall on April 2, from 5 to 7 p.m... All public are invited. The same
information will be presented at both meetings.
Council Member Smith said there is still a blinking light at 5th South and Millhollow. Public Works
Director Millar mentioned the link on our website where anyone can post problems.
City Engineer Keith Davidson is seeking permission for acquisition and purchase of the right-of-way
along 2nd East from Mr. Squires for $45,940.00. The city will purchase 22,235 square feet and Mr.
Squires will donate 24,780 square feet.
Council Member Merrill moved to approve the purchase of right-of-way from Mr. Squires as
discussed; Council Member Wolfe seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried.
B. Finance Department: Matt Nielson
1. Review 2015 Budget Calendar
Finance Officer Nielson reviewed the 2015 Budget Calendar. He is seeking to set the public
hearing date for July 15th; also, confirm a date for the council drive around for April 30th.
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Council Member Smith would prefer to do the drive around on the first Wednesday in May, which
would be May 6th at 8 a.m... Council agreed that would work. Council Member Mann pointed out
that July 15 would not work for him or Council Member Benfield due to Summerfest. July 1st was
agreed on for the public hearing. The drive around will be an all-day thing starting at 9 a.m. and
ending with City Council at 2:30 p.m.…
NOTE: The Budget Calendar was amended April 01, 2015 by City Council.
Chief Financial Officer Nielson met with the impact fee committee. They reviewed the capacity
fees and impact fees. For waste water capacity fees, they determine the current value and then they
determine how many gallons per day they can produce and then the cost per gallon. They use cost
indexes to determine the present value. They review all the assumptions for those impact fees. The
only changes are in red. Fire Department and Police Department will show a change in cost per
square foot for construction. Parks will show a change in design and engineering fees because
those costs have gone up. The report shows current fees and the increase. They show the full cost
which, for example, would be 7% increase for a regular home. The committee did not recommend
they go to full costing. Instead, they recommend going with 4% increase for inflation. There was
discussion about redoing the studies, which would be about a $75,000 to $100,000 cost. They don’t
feel they need to do that, yet. There has not been any significant change to warrant that.
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Mayor Woodland asked if that would cause a shortfall down the road. Chief Financial Officer
Nielson replied that every little bit helps. He made the point that other communities do not have
impact fees but Rexburg does. The total permit fees compared to Idaho Falls shows Rexburg is
higher in the first year but in 10 years it is less. You continue to save money in Rexburg because
our levy rate is so low.
Council Member Merrill asked about the full costing study. Based on the assumptions, is this
what needs to be charged? Chief Financial Officer Nielson said yes, based on the assumptions that
is what you would need to charge. He said that it is not perfect science but they can make
adjustments. That’s why they meet every year to discuss it.
Discussion:
2. Review changes to fee list and set public hearing
Finance Officer Nielson reviewed proposed changes to the City’s Master Fee list.
Chief Financial Officer Nielson then showed the recommended master fee list. There are quite a
few work order charges. Arts and museums would have a rate change. Business registration is
recommended to go up to $25.00 or 25%. Golf now offers season passes at the municipal golf
course which is 50 % off the regular season golf pass. Parks fees were simplified. This will be
moving to an online reservation system. Streets added storm water claw back fee. Utility deposits
for water need to go up for renters. Currently, single family residents provide proof of ownership
without deposit but renters pay a $50.00 deposit. He recommends going to a two month average
for the deposit for renters which would change it to $160.00 instead of $50.00. That is the area
where we have most of the write-offs.
Council Member Mann asked about renters being able to afford that. He asked how many of the
renters pay for their own water. Chief Financial Officer Nielson said that most of them do.
Council Member Mann would like to see a young couple be able to move in without such high
deposits.
Council Member Mann and Merrill both said they pay the utilities on their own rental properties,
but in Rexburg, we allow the renter’s name to be put on the account. Chief Financial Officer
Nielson said they have discussed maybe changing it so that the owners have to keep the utility bill
in their name.
Council Member Smith asked how apartment owners do it. Mr. Nielson said they are already
doing the two month average for apartment renter deposits. Council Member Mann thinks that is
too big of jump. He would like to see a lower increase.
Council Member Benfield asked how much we are writing off. Mr. Nielson said about $3,000 to
$4,000 per year plus other costs that come when people are delinquent. Tonight he is just asking to
set a public hearing for April 1st at 7:30 p.m. to get public comment.
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Discussion:
Council Member Wolfe moved to hold a public hearing on the proposed fee increases on April
1st at 7:30 p.m.; Council Member Smith seconded the motion; Mayor Woodland asked for a
vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried.
Calendared Bills and Tabled Items:
A. LAND USE ACTION – BILLS RECOMMENDED/APPROVED IN A LAND USE
PUBLIC HEARING PROCEDURE: – NONE
B. BILL Introduction: – NONE
C. First Reading: Those items which are being introduced for first reading:
1. BILL 1128 changing the times when beer and wine can be sold in the City of Rexburg;
repealing Ordinances 341, 343, and 445.
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City Attorney Zollinger presented the final version of Ordinance 1128. This ordinance will
consolidate a number of previous ordinances. The significant change would be to mirror state
regulations on time and place for the sale of beer and wine. It does not affect the sale of liquor
by the drink.
Written Input:
March 18, 2015
To Rexburg City Mayor Woodland and Members of the City Council.
RE: Consideration of Proposed Bill 1128
I am opposed to proposed Bill 1128 as presented by City attorney Zollinger. The bill proposes to eliminate the
restriction of selling alcoholic beverages on Sunday and to consolidate Ordinances 341, 342, 445, and 942. In
the March 4, 2015 City Council meeting, City attorney Zollinger and members of the City Council offered their
opinions in favor of, against, or neutral to the proposed bill. As I read the minutes of that meeting and the
discussion on this bill I observed the following reasons given in favor of the bill (I note that there were few opinions
offered in opposition):
1. Allowing the sale of alcohol on Sunday is a simple way to manage the alcohol sales in Rexburg and is a
mirror of the state statue.
2. Allowing the sale of alcohol on Sunday will help the City mitigate its struggles to bring hotels and family
type restaurants to do business here.
3. Allowing the sale of alcohol on Sunday will have a positive impact on Rexburg’s economy.
4. Allowing the sale of alcohol on Sunday will be good for tourism and the economy.
5. Allowing the sale of alcohol on Sunday doesn’t do anything to the City of Rexburg; because liquor by the
drink is not permitted in Rexburg.
Note the common reasons given for eliminating the sale of alcohol on Sunday is business and money. One
Councilperson stated that “…Rexburg wants to be known as America’s Family Community…” I would ask
the Mayor and City Council, what it means to be known as America’s Family Community.
The American Family Community was established on the values of Judeo-Christian beliefs and reverence toward
God. Our nation was founded by individuals who were predominantly Christian and who infused those values
into the Constitution and the culture of this nation.
The City of Rexburg, this American Family Community was established on those same beliefs and values,
perhaps even more than other city in our State and nation. At the beginning of each City Council meeting a
prayer is offered, in which the City officers publically recognize and reaffirm our faith and trust in God. Generally
the prayer will ask for His guidance and direction in administering the affairs of the City. In addition to the
prayer those attending the meeting stand and pledge their allegiance to our nation that was created under the
direction of God. We can do better than just give lip service to God and then do what we want to.
One of the principles of the Judeo-Christian values that our City and nation were founded upon is simply stated as
Remember the Sabbath Day to keep it holy. We cannot control if and when a business is open – indeed, that is
the foundation for free enterprise. However, we have the moral obligation to identify what is offered for sale and
when the sales can occur. That is why we have Ordinance 942. For six days individuals are able to buy alcohol.
But on the Sabbath we can at least give up something as small as selling alcohol on that day.
The Judeo-Christian God is not against business or industry. In fact He encourages us to be prosperous, to
progress and to improve upon our endowed resources. However, He does have some restrictions related to our
activities in our businesses. For example He wants us to be honest, to be ethical, and too be responsible and
accountable for our actions. He wants us to observe the Sabbath day. History documents that drinking alcohol
on the Sabbath was not acceptable, hence the origin to Ordinance 942 and other similar ordinances in other cities
across this nation.
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I appreciate the view of the business owners and managers who want to sell alcohol on Sunday. I appreciate Mr.
Barnard’s comments and letter. Corey and I are friends. I hope that our opposite views will not hinder our
friendship.
In Mr. Barnard’s comments he noted that many of the Sunday customers (50%) leave Applebee’s mad because
they can’t have a glass of wine or beer. I would ask what about the other 50%? What are their feelings? I
wonder what they are thinking. Consider the following scenario of a conversation and thoughts that could occur at
Applebee’s with the “other 50%”:
Guest: “…and I will have a glass of wine with my steak.”
Waiter: “I’m sorry; we don’t sell wine or alcohol on Sunday.”
Guest: “You don’t sell alcohol on Sunday? Is that an Applebee’s policy?”
Waiter: “No, it is the City of Rexburg’s policy. You can buy alcohol on any other day of the week, but just not
on Sunday.”
Guest: “Oh that is interesting.”
And then to the other guests “I wonder why the City of Rexburg has a policy that you can’t buy alcohol on
Sunday.”
And upon leaving Applebee’s as they are getting into their car and exit the parking lot they notice on the hill a
big white building, silhouetted against the skyline. One of the guests turns to the other and says “I wonder what
that beautiful white building is on the hill up there?”
By amending the current law (Ordinance 942) to allow alcohol sales on Sunday will our city still be an American
Family Community that reverences God? Perhaps with our focus on business, tourism, money, etc. we are
distracted from becoming an American Family Community instead, becoming a community seeking after
popularity and money. The Judeo-Christian principles also instruct us (our community) to be the salt of the earth!
As the salt of the earth we are to live our religion, to be the savor in our communities and stand as witnesses of
those truths.
Just because our nation and our State are rapidly declining with respect to degenerating morals and eliminating the
existence or reference to God publically, doesn’t mean we have to follow. We can be like the light on the hill,
standing for right. We can take the higher road in this decision. We need to stand as witnesses of God and His
laws at this time. I invite the council members to take that road and reject Bill 1128.
With warm regards,
Stephen McGary
915 Hillview Drive
Rexburg, Idaho
Council Member Merrill clarified that when he says he wants people to experience Rexburg,
he doesn’t mean he wants them to drink on Sundays. He wants to let people who normally
wouldn’t stay, to stay and enjoy the city for a couple days and learn about it. He thinks this is a
small change that could make a big difference. He doesn’t want people to leave with a bad
feeling about us. He wants to welcome others in and let them see what we are all about.
Council Member Wolfe also commented that he wants everyone to know that he wishes there
was no alcohol, period, but he feels that changing one day is not going to affect anything. There
is an economic point here. For cities to grow, we need restaurants to come. He doesn’t know
that it is our position to force our standards on other people. This is a small thing that would
have much more positive impact than negative impact.
Council Member Smith said that in talking to the public, most people don’t even realize that
drinks on Sunday are not an option. She thinks that there is some positive to changing the rule.
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Council Member Benfield agrees with everything that has been said. It’s not up to us to
decide for other people. She thinks it is good for tourism.
Council Member Merrill said that he would just as soon see stores closed on Sunday but the
people who come through here don’t have the same beliefs we do. In order to make them feel
comfortable here we need to give them the opportunity to choose for themselves.
Council Member Benfield said we spend a lot of money to get tourists here. The Chamber of
Commerce did six travel shows in January through March to try and get people to come here. It
seems counterproductive to not pass this ordinance. She is in favor of it.
Council Member Mann commended Applebee’s for doing a good job. He has not heard much
opposition to this ordinance, but he is still opposed to it. He doesn’t think it’s necessary.
Council Member Wolfe said that you can set a good example by the way you live and what you
do and how you act. He would like to say, come see how we act and experience us, but you
don’t have to leave Rexburg just because you don’t want to act like we want you to.
Council Member Wolfe moved to consider BILL 1128 first read; Council Member Merrill
seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith Council Member Mann
Council Member Wolfe
Council Member Benfield
Council Member Merrill
The motion carried.
2. BILL 1129 repealing Ordinance 717 (Flood Plain)
AN ORDINANCE REPEALING ORDINANCE 717 BY ADDING SIX DEFINITIONS; A
SECTION FOR RECREATIONAL VEHICLES; AND A SEVERABILITY SECTION;
“ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD IDENTIFIED BY THE
FEDERAL INSURANCE DMINISTRATION; PROVIDING FOR THE ISSUANCE OF
A PERMIT BEFORE CONSTRUCTION OR DEVELOPMENT BEGINS IN ANY
AREA OF SPECIAL FLOOD HAZARD; ESTABLISHING A VARIANCE
PROCEDURE; SETTING FORTH THE PROVISIONS FOR FLOOD HAZARD
REDUCTION; PROVIDING FOR PENALTIES FOR NONCOMPLIANCE; AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.”
SECTION III.II: BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for Madison County and its
incorporated cities," dated January 17, 1990, as amended with accompanying Flood Insurance Maps is
hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file
at the City Clerk's office, City Building, 35 North 1st East, Rexburg, Idaho.
Community Development Director Christensen indicated that at the last council meeting the
council decided that we should wait until the new maps were created to make a decision on Bill
1129. After that meeting, City Clerk, Blair Kay, came up with a good idea to just add a line
where it states “that older map”, to read, “or subsequent adopted maps” and it would carry the
same weight all the way through. From that stand point, he would like to present it with just
changing that date of the old map to include any new maps that are adopted.
Discussion:
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Council Member Smith moved to consider BILL 1129 first read; Council Member Merrill
seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried.
3. BILL 1130 Rezone 1st North (specified area) – from Low Density Residential 2 (LDR2) to
Mixed Use 2 (MU2).
Written Input:
A. Dear council members,
It is my understanding that the council will consider the p & z's recommendation for
re-zoning of the property of 1st North at its meeting on March 18, 2015. For over
three months my wife and I have had plane reservations to visit our children in
Arizona next week and so therefore we will not be here in Idaho to attend the city
council meeting to voice our concerns about any action to be taken by the city council
on this matter.
Here are my concerns:
(1) Idaho Code (Secs. 67-6519 and 67-6511) authorizes and allows cities and
counties to provide for the procedure for processing zoning change applications.
As a general rule of law, only an owner or one possessing some proprietary
interest in the land proposed to be re-zoned can make an application to
change the zoning of the parcel of land. Rexburg filed an "Application for
Rezoning" on Feb. 2, 2015, and the rezoning application shows one has to be
an "owner" "purchaser “or "lessee" of the parcel proposed to be re-zoned.
Also an "Affidavit of Legal Interest" must also accompany the application.
(2) In chapter 6 of the Administrative Procedures Ordinance pertaining to
zoning, it provides that amendments to the ordinance (p & z ordinance) may
be "initiated" by: (a) adoption of motion by the p & z commission (Sec. 6.13
a.i.); (b) adoption of motion by the council (Sec 6.13a.ii.); or (c) filing an
application by a property owner within the area proposed to be changed by
the amendment (re-zoning). The dictionary defines "initiate” as "To begin or
originate." It seems that the clear reading of the language in the ordinance
requires that a motion must be made and passed (adopted) by the city council
or the planning and zoning commission to rezone an area authorizing the
designated city official to file an application for rezoning BEFORE the city
can actually file an application for rezoning to begin the rezoning process.
No such motion was made by the City Council or P & Z commission before
filing the application to rezone this area. Although "technical", this is a
violation of procedural "due process."
In checking with the p & z office, no application was filed by a property owner
within the area proposed to be re-zoned. In reviewing the minutes of the p &
z commission and the city council, no motion was made nor adopted (passed)
by the City or P & Z in any of their regular public meetings to file an
application for rezoning proposing a change in the zoning of this area prior to
the public hearing held on March 5. Following the adoption of such a motion,
then the procedure outlined for any applicant desiring to re-zone land should
be followed, i.e. filing a written application with all required information
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(Ch. 6.9 through 6.13), public hearing, and notice to affected landowners,
etc. There is no exception nor exemption for the City not to comply if the City
proposes to re-zone a given area. I seriously question whether the City should
initiate a change in zoning when there has been no written request made by a
property owner to change the zoning in any given area.
(3) Now is not the proper time to rezone such a large portion of the City because
(a) we already have an abundance of business and commercially zoned
property; (b) the transition area for further commercial development will
likely follow the N. 2nd E./Salem Hwy corridor where the new Wal Mart is to
be built; (c) there are numerous business and commercial properties available
for rent or for sale on N. 2nd E., in South Fork Plaza and in the downtown
business district; and (d) no property owner within this area (the north side of
1st N. between 1st E. and 2nd W.) has actually filed a written request for a
zone change.
Although the city attorney may assert that the City does not have to comply
with the technical procedures outlined in chapter 6.13, I would like to see the
actual citations to Idaho case and statutory law which support such a claim.
In recent years, there have been numerous changes in the city's
comprehensive plan, classification of zones and zoning changes to
accommodate special interests. Those who buy or build pursuant to a set of
criterion required by a designated zone should have some assurance that their
property rights will be protected and preserved.
My suggestions are: Defer any action on the recommendation from the P&Z
Commission until procedural due process has been properly complied with;
or, schedule a public hearing before the City Council on this proposed re-
zoning. If the real issue is changing the zoning in the half block between 1st E
and 2nd E or between 1 E and Center Streets, then re-zone those areas if
that's what the landowners in those areas want. Those owning the property
on the north side of 1st N between Center St. and 1st W do not desire a change
in zoning at this particular time. Also, I would suggest that the city council
defer any decision until after the city attorney provides a legal memorandum
citing the case precedent and statutory authority for the city's action thus far.
Thank you for your consideration of the issues and suggestions I have made.
Sincerely, J. D. Hancock, Rexburg, Idaho 208-356-9653
Community Development Director Christensen presented the map and changes. He
reminded the council that Planning and Zoning recommends going ahead with the rezone.
Council Member Mann asked about J.D. Hancock’s letter. City Clerk, Blair Kay, explained that
Mr. Hancock doesn’t want his block changed but he is okay with the rest of it. City Attorney
Zollinger disclosed to everyone that he owns the middle of that area in question and his family
owns property all around it. Mr. Hancock is concerned that a motion be made by Planning and
Zoning. There are three options; a property owner, Planning and Zoning Commission, or City
Council can initiate by motion. Mr. Hancock thinks that the motion has to be made before you
can have a public hearing. Attorney Zollinger explained that the practice has been to make the
public hearing part of it and then if Planning and Zoning makes a motion to amend the zone,
then that is the motion that initiates moving forward to council. Three property owners had
already come in for a zone change. Mr. Zollinger said, at that point we asked ourselves, should
we let them do it one at a time or push it forward for the whole quarter block. Staff
recommended pushing it forward and putting it on the agenda.
Council Member Mann asked if someone could overturn this later. City Attorney Zollinger
said that is a possibility. Mr. Hancock is opposed because less than half of his homes are
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occupied. Mr. Hancock’s property is non-conforming and this would make him conform. The
zone change doesn’t change anyone’s use. It increases the options for these residents
Discussion:
Mayor Woodland asked for a vote:
Council Member Merrill moved to approve the rezone request on 1st North (specified area)
from Low Density Residential 2 (LDR2) to Mixed Use 2 (MU2) and consider BILL 1130 first
read; Council Member Wolfe seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried
C. Second Reading: Those items which have been first read: – NONE
D. Third Reading: Those items which have been second read:
1. Ordinance 1127 Final Assessment Roll for LID44
Discussion:
Council Member Mann moved to consider Ordinance 1127, Final Assessment Role of LID 44,
approved and third read; Council Member Smith seconded the motion; Mayor Woodland asked for
a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried
Mayor’s Business:
A. City Clerk Kay asked about information on a proposed Town Hall meeting to discuss “Vape”.
Council Member Mann thinks that the Madison School District is holding one the first of April.
B. Recreation Employee discussion: Tom Anderson is leaving the staff and Mayor Woodland
would like to request a replacement as soon as possible. Council Member Smith asked if having
that position filled helped with races and events. CFO Nielson said last year the marathon broke
even. This year race numbers are up and two races have been added. Council Member Merrill
thinks the need for that position will probably increase over time. Council Member Smith has
had good comments about the youth triathlon. Council agreed to find a replacement.
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 March 04, 2015 meeting
B. Approve the City of Rexburg Bills
C. Spring Yard Clean-up dates from March 30th to May 12th
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Council President Smith asked about the Accrued Liability (‘ACC’) charge that all departments
were charged. Chief Financial Officer Nielson said that is the payment of sick leave over the
allowed carryover of 480 hours (the first 16 hours over the 480 is converted to vacation) to the
Voluntary Employee Benefit Association (VEBA) Post Employment Health Plan (PEHP). This
amount is paid out at 35 cents on the dollar to a savings account that the employees are unable to
access unless they meet certain requirements, one of which is a PERSI service retirement. If an
employee does not meet those requirements, the money reverts back to the City. The charge varies
from one department to the next based on those that have hours over the 480. This payment is
made once per year. (See section 404 in the employee for more details concerning this policy).
Council Member Merrill asked about when the sprinklers can be turned on. Does turning it on
before April first drive their bill up? Public Works Director Millar said they will be getting the first
reads done around the first of April.
Discussion about water rate calculations for winter.
Council Member Wolfe moved to approve the Consent Calendar and pay the bills; Council
Member Merrill seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
The motion carried
Adjourned at 9:00 P.M.
APPROVED:
_______________________________
Richard S. Woodland, Mayor
Attest:
_______________________________
Mary Flanary, Deputy City Clerk