HomeMy WebLinkAboutCouncil Minutes - June 15, 2016.pdf
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June 15, 2016
Mayor Jerry Merrill
Council Members:
Christopher Mann Jordan Busby
Donna Benfield Tisha Flora
Brad Wolfe Sally Smith
City Staff:
Stephen Zollinger – City Attorney
Richard Horner – Finance Officer
John Millar – Public Works Director
Val Christensen – Community Development Director
Scott Johnson – Economic Development Director
Blair Kay – City Clerk
1. 5:00 P.M. City Hall – Joint Work meeting with the Planning and Zoning Commission.
A. Get acquainted with the new P&Z members; and
B. Discuss anticipated growth at the University and transportation issues; and
C. Discuss the Comprehensive Plan and current zoning; (are they adequate for current growth)
Mayor Merrill welcomed everyone to the work meeting; He turned the time over to Sally Smith to review
the Planning and Zoning issues.
Council President Smith asked everyone to introduce themselves.
Attending:
The Planning and Zoning Commissioners were introduced.
Bruce Sutherland, Richard Smith, Rory Kunz, Steve Oakey, John Bowen, Melanie Davenport, Heidi
Christensen, and Jedd Walker.
City Council: Mayor Jerry Merrill, Tisha Flora, Christopher Mann, Sally Smith, Donna Benfield and Brad
Wolfe.
Brad Wolfe – Council Liaison
brad@wolfelighting.net
City Members
Jedd Walker –01/13/2010-01/16
Chairman – appt’d 01/21/16 (2019)*
walkerje@byui.edu
Melanie Davenport – 06/5/2013 (2019)*
crestwoodapts@gmail.com
Mark Rudd – 07/05/2012 (2018)*
rudd@countrywideprop.com
Greg Blacker – 02/03/16 (2019)*
bugmanapc@gmail.com
Heidi Christensen – 01/06/2016 (2019)*
alaskalovers1@gmail.com
Bruce Sutherland – 04/17/14 (2017)*
brucesuthy@msn.com
Steve Oakey – 04/17/14 (2017)*
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x2313
Fax: 208.359.3022
blairk@rexburg.org
www.rexburg.org
City Council Minutes
June 15, 2016
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rays25@cableone.net
John Bowen – 01/06/2016 (2019)*
idahobowen@gmail.com
2 Impact Area Members Appointed by County
1. Gil Shirley – 12/08 (2015)*
gshirley2168@hotmail.com
2. Rory Kunz – 03/30/15 (2018)*
rorykunz@gmail.com
1 Impact Area Member Appointed by City
Richard Smith – 11/4/15 (2018)*
richard@richardsmithfarms.com
Council President Smith asked Economic Development Director Scott Johnson to review the proposed
student growth of BYU-I. The growth numbers come to us as:
1. full time equivelents and
2. a head count number
Melanie Davenport explained the Housing Managers have been told BYU-I will need 3,500 to 4,000 more
beds in the near future. Director Johnson refer developers to the University for the numbers of new beds
needed.
Discussion on the anticipated growth and growth cap for BYU-I.
Director Johnson indicated BYU-I can manage the growth rate by making policy decisions.
Steve Oakey asked about the height restriction discussion; Director Johnson said the discussion is onging
with a possiblility to have heights of buildings approved on a case by case basis through a Conditional Use
approval process. The question is where should the height restriction be lifted.
Discussion on developers requesting higher buildings; it is an ongoing discussion.
Council Member Mann discussed the approved projects that have not be constructed. Director Johnson
said community housing requests are supported by special reports developed by the Economic
Development Department for the developers.
Melanie Davenport said BYU-I has a good track record for working with the private sector to manage
housing growth.
Melanie Davenport indicated the City could help developers by being pro-active in zones where more
density is anticipated. (Change Comprehensive Plan in areas of anticipated growth to allow for higher density)
Director Johnson indicated the size of the Comprehensive Plan document is very large; however, staff
would like everyone to become familiar with the document and recommend changes.
Steve Oakey referred to the Comprehensive Plan as a barrier to growth. Years ago Ricks College asked the
community to open up homes for student housing. Richard Smith said that was in the day when
Student housing standards were not in place.
Melanie Davenport indicated it is a plus to know the head count from BYU-I.
Bruce Sutherland said it is a closed system for student housing at BYU-I. It is a plus to have BYU-I
housing numbers being made available to developers. It is a give and take situation with the growth of BYU-
I.
Director Johnson asked for input from the Planning and Zoning Commissioners on issues that are
impeeding the process for approving developers projects.
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Steve Oakey asked for the legal requirements for the Comprehensive Plan; Attorney Zollinger indicated it
is a state statute. The state requires a negotiated area for the comprehensive plan around the city boundaries.
There are 12 or 13 categories that must be addressed in the Comprehensive Plan.
Richard Smith asked how often does the Comprehensive Plan need to be revisited; City Attorney Zollinger
said there are no time restrictions to amend the Comprehensive Plan and Map.
Steve Oakey would like to review the statute to check on any wiggle room in the statute.
Council President Smith said the Comprehensive Plan does provide an element of control on growth to
keep growth reasonable. The zoning is an area that could use some tweeking; an example is that no one has
asked for any Mixed Use One (1) Zone.
Director Johnson encouraged the group to go to Rexburg.Org and read the “Envision Madison” plan.
Richard Smith indicated the Planning and Zoning task force have been working on ideas to make the
process easier for developers.
Melanie Davenport reviewed the history when planning was needed to control growth by putting
conditions on zone change requests. She asked for some direction from elected officials’ concerning growth
issues to be put in writing.
Jedd Walker said Conditional Use Permits do need to have conditions.
City Attorney Zollinger said putting conditions on zone changes is a high powered Conditional Use
Permit. He discussed the thinking behind creating more zones to manage growth between residential and
commercial growth. Richard Smith indicated a good process would be to look at the permitted uses in each
zone. He thought fewer zones would work with better uses outlined in the zones.
Director Johnson said staff needs to know how to change the code to accommodate concerns of the
Planning Zoning Commission and City Council. Maybe the emphasis should be on how the proposed
development would impact the surrounding properties.
Melanie Davenport said the impact area discussion was very informative to her concerning growth.
Christopher Mann said there are concerns with vehicle traffic and pedestrian transportation (connectivity)
to the University. He is in favor with higher densities for community housing closer to the university.
Jedd Walker said community housing is problematic for connectivity to the University.
Director Johnson indicated it is more difficult for developers to tear down existing properties and build
community housing close to the university. The reason for this is single student housing creates a higher rate
of return than community housing.
Jedd Walker said it is a balance of infrastructure growth and land values.
Mayor Merrill said the City leans towards highest and best use with neighborhood input.
Director Johnson indicated the infill redevelopment area may have been too large.
Bruce Sutherland said the City has worked with developers; however, some of them are not being
developed.
Steve Oakey agreed with Rory Kunz that there is a shortage of entry level homes in the Rexburg
market. Richard Smith said infrastructure costs have sky rocketed. Rexburg’s building fees are the
highest in Idaho. 25% of the fees are impact fees. Melanie Davenport said developers are looking at
Rigby and St. Anthony for starter homes due to land values, etc. Richard Smith agreed the starter
homes are going to the County, Sugar City, St. Anthony, etc. dues to costs even though they use
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Rexburg’s facilities, including parks, etc. Steve Oakey asked if the Impact Fee should be rolled back
to compete with surrounding communities.
Director Johnson said the price of land is a very large cost of housing in Rexburg. The challenge is
going to be managing commercial grow with the lack of starter homes. Richard Smith said the land
prices are cheaper further out of Rexburg; so, starter homes should be in an expanded Impact Area
for the City.
Council Member Mann said the City does have areas in the City where low income housing could
be constructed.
City Engineer Keith Davidson said development further out just increases infrastructure costs
which may be offset by narrower streets.
Melanie Davenport reviewed the complaints with street traffic and the frustrations coming from
neighborhoods. Director Johnson said the traffic flow has to controlled by state standard (i.e.before a
traffic light can be installed).
Director Johnson said some of the issues are already covered in the existing Comprehensive Plan.
Richard Smith said the County will be holding a hearing this summer on the expansion of the City’s
Comprehensive Plan boundaries; which he encouraged people to attend the meeting.
Discuss anticipated growth at the University and transportation issues;
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Discuss the Comprehensive Plan and current zoning; (are they adequate for current growth)
PREFACE
The City of Rexburg Council, Planning and Zoning Commission, City staff, and the general public have
dedicated many hours to revising the Comprehensive Plan for the City of Rexburg. Special thanks are
extended to all those who continue to participate in the planning process.
A comprehensive plan is a living document.
This plan for the year 2020 updates the plan completed in 1997. With new growth and changing
conditions a comprehensive plan should also change. It is never too late to get involved in the process
and ongoing planning participation by the citizens of the community is encouraged.
It is suggested that you check with City staff or the Planning and Zoning Commission to see what
amendments are currently being contemplated and add your input to the suggestions for possible inclusion in
future updates of the plan
Community Vision Statement
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Residents of Rexburg have chosen to live here because they enjoy the current quality of life, aesthetics,
recreational opportunities, mix of land uses, and patterns of development that the City provides. The primary
vision of the City of Rexburg Comprehensive Plan is to ensure that these qualities are maintained, preserved,
and enhanced.
1.1 Planning and Zoning Ordinance (Development Code) Purpose
a. Purpose. The purpose of this Ordinance shall be to promote the health, safety, and welfare of the residents
of the City of Rexburg as follows:
i.To protect property rights and enhance property values.
ii.To provide for the protection and enhancement of the local economy.
iii.To ensure that important environmental features are protected and enhanced.
iv.To encourage the protection of prime agricultural lands for the production of food.
v.To encourage concentration of population in urban areas with the goal of enhancing the quality of life
for the community.
vi.To ensure that development is commensurate with the physical characteristics of the land.
vii.To protect life and property in areas subject to natural hazards and disasters.
viii.To protect recreation resources.
ix.To avoid undue water and air pollution.
x.To maximize use of existing infrastructure including roads, utilities, sewers and water facilities.
xi.To secure safety from fire and provide adequate open spaces for light and air.
xii.To implement the comprehensive plan.
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1.2 Planning and Zoning Ordinance (Development Code) Intent
It is the intent of the governing body of the City of Rexburg that this Ordinance be interpreted and construed to
further the purposes of this Ordinance and the objectives and characte ristics of the zoning districts.
6:30 P.M. City Hall Council Meeting
Flag Ceremony by the Civil Air Patrol – Captain Kenn Condon
Bruce Sutherland said the prayer.
Roll Call of Council Members:
Attending: Council President Smith, Council Member Benfield, Council Member Flora, Council Member
Mann, Council Member Wolfe, and Mayor Merrill.
Council Member Busby asked to be excused.
Public Comment: not scheduled on the agenda (limit 3 minutes); issues may be considered for
discussion on a future agenda. Please keep comments on point and respectful.
Presentations:
A. Civil Air Patrol presentation – Captain Kenn Condon
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Captain Condon is the commander of the Pocatello composite squadron. He said the Civil Air
Patrol decided to spread out and now there is a squadron here in Rexburg. They decided to name
the Rexburg squadron after Colonel Roland Jack Layton who was a SR71 pilot. The Civil Air Patrol
had a presence here in Rexburg for several years; however a year and half ago it was closed down.
Colonel Brushier who is the Idaho Wing Commander made a commitment to Mayor Woodland that
the Rexburg squadron would be reestablished. Captain Condon said the Rexburg squadron would
come back stronger and more vibrant than they were before. One of the promises he made to
Mayor Woodland was to have the cadets come to City Council and present a memorial.
Captain Condon presented a photo collage of Colonel Layton’s career. He had it framed for City
Council. The frame was signed by several squadron commanders and Colonel Layton’s daughter.
Mayor Merrill mentioned he is a relative of Colonel Layton. Captain Condon said they started the
Jack Layton non- profit foundation to support the Civil Air Patrol. The foundation funds are used
to pay for cadet activities, uniforms, and for flight lessons to further aerospace education and
aviation. The foundation covers the entire Idaho wing. Karen Layton Stone who is Colonel Layton’s
daughter is one of the permanent seated members on the foundation. The Jack Layton Foundation
is head quartered in Blackfoot, Idaho.
Mayor Merrill asked Captain Condon to review the Civil Air Patrol’s duties. Captain Condon said
there are three primary missions. The first is aerospace education with in the Civil Air Patrol and
schools. Second the cadet program which teaches the basics of leadership, military life and
discipline. The third is emergency services where they go out to look for lost hikers, lost airplanes,
etc. The Civil Air Patrol holds the record of most live finds of people that were missing in the
country. The Civil Air Patrol also assists the local law enforcement.
Discussion:
Mayor Merrill asked the City Council to support a donation to the Civil Air Patrol to sustain the
organization.
Council Member Benfield moved to approve a donation of $1000.00 to the Civil Air Patrol to
help sustain the organization; Council Member Smith seconded the motion; Mayor Merrill asked for
a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
The motion carried
Committee Liaison Assignments for 2015:
A. Council Member Mann: Golf Board · Emergency Services Board · GIS Oversight · Development Workshop
Council Member Mann reported the Golf Board meet last week. The golf course is doing great the
weather has been favorable. This year’s revenues are more in pare with the revenues from three years ago.
The new sign has been installed at the Legacy Golf Course. The Development Workshop hosted a golf
tournament at Teton Lakes Golf Course. The tournament was well attended despite the rain. They will also
be hosting a Special Needs Picnic at Smith Park on June 25th. The purpose of the picnic is to show
appreciation to the people in the community who employer special needs clients from the Development
Workshop. There are great groups of people in the community who are willing to serve and help acclimate
special needs people into the work force. He said there are a lot of great partnerships in the community.
Emergency Services Board has not met.
B. Council Member Busby: · Airport Board · Traffic & Safety · Trails of Madison County
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C. Council Member Benfield: Police · MYAB· Parks & Recreation
Council Member Benfield reported on the Parks and Recreation Departments. She said they are
busy with many activities taking place. The Teton Dam Marathon was held two weeks ago with 776
participants and over 300 volunteers. This last weekend there was the Yellowstone Cup Soccer
Tournament with over 1000 children participating and their families. Rexburg Rapids had their soft
opening last weekend too. She mentioned our parks are beautiful. She heard from so many different
people, to give compliments to Greg McInnes the Parks Manager and Robert Yeatman the
Recreation Director. There were people from Boise using the parks and they said our parks are
exceptionally nice, with better amenities than the ones in Boise. She expressed her appreciation for
the nice facilities the city has.
Council Member Benfield reported on the Police Department. There is concern regarding
motorized vehicles on the walking path at Smith Park. The Police Department would like City
Council to discuss how to address this issue. They also held a picnic for the special needs people in
our community. There were over 350 people in attendance. This is the sixth year the Police
Department has sponsored the picnic. The purpose of the picnic is to introduce the police force to
our community.
Council Member Benfield said Detective Stubbs has received specialized training and has become
the number one detective to handle child pornography cases in Eastern Idaho. The Police
Department will be helping with the Legacy Flight Museum Airshow. They also participated in a
physical fitness test. They all ranked very well on the test. She reported the Mayor’s Youth Advisory
Board will be helping with Summerfest, the Fourth of July Parade, and Celebrate Youth. They will
also be attending the Associated Idaho Cities Conference in Boise for training.
Mayor Merrill commented he was at Porter Park on Monday night to work on a clip of the dance
video the city is involved in. He said the park was being heavily used.
D. Council Member Smith: Legacy Flight Museum · Beautification Committee · M.E.P.I.
Council President Smith reported the Legacy Flight Museum Airshow will be taking place this
weekend. The Airshow has been heavily advertised. She asked for City Council’s help at the Friday
night dinner for the pilots working at the Airshow. M.E.P.I. met to discuss the weekly Entrepreneur
Night to be held at the Marriott. This will be a night where entrepreneurs can meet with mentors
and start networking. M.E.P.I. is also working on the Startup Weekend event that will be held this
fall. The event was held in Idaho Falls two years ago and will be held in Rexburg this year. She
summarized the process of the Startup Weekend; it’s a three day event where entrepreneurs gather
together to share their business ideas. There will be a prize awarded to the winner of the event. She
encouraged City Council to be informed of when these events will take place and to attend if
possible. The M.E.P.I. Committee will not meet again until September.
E. Council Member Flora: School Board · Rexburg Arts Council/ Museum of Rexburg
Council Member Flora reported the School Board will meet tomorrow. The Rexburg Arts Council
met this past week. She said it has been inspiring to see them get organized. They have come up
with really clear objectives and goals. This fall, Mayor Merrill will be instituting the first annual
Heritage Festival. He has also asked the Arts Council to participate in the Fourth of July Parade by
preparing a float. They have been working on a melodrama for this coming fall. They have also been
supporting the Art Grows Rexburg Organization with volunteers. The Arts Council is participating
in a literary arts objective of collecting and distributing lightly used books. There are drop off
location for the used books at the Romance Theater and the museum. They have been updating
their Facebook page and web-site.
Council Member Flora reported the Museum of Rexburg had their grand opening on June 4th. The
opening was well attended with over 100 people. She expressed her appreciation for the
transformation of the museum. Museum Curator Jackie Rawlins and Bernadine Cook along with
other volunteers have worked many hours to get the museum ready to open. They are going to be
transforming a small closet into a studio. The studio will be used as a recording room for people to
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record their accounts of the history of Rexburg. They hope to preserve these accounts so that
people visiting the museum can listen to them as they view the museum displays.
Council Member Flora reported on the Romance Theater. A new sound booth was installed. They
also installed ADA (Americans with Disabilities Act) seating. They will be working on the
restoration of the plaster frieze on the walls of the Romance Theater. The Tabernacle Summer
Concert Series will be performing every Wednesday.
F. Council Member Wolfe: Planning & Zoning · Urban Renewal Agency · IBC
Council Member Wolfe reported Planning and Zoning did not meet two weeks ago; however, they
did participate in a joint meeting with City Council today. They will also be meeting tomorrow.
Urban Renewal Agency has not met.
Staff Reports:
A. Finance: - Matt Nielson - Excused
1. Monthly Finance Reports
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B. Public Works: John Millar
1. Approve the purchase of a new 2016 John Deere 624 loader by piggy-backing on the ITD bid. They
would take the city’s loader on trade and the differential would be $17,279.02. The loader is a little
over two (2) years old and has approximately 2000 hours of use.
Mayor Merrill mentioned once equipment has 2000 hours or more of use the repairs of the equipment
become expensive.
Council Member Flora moved to approve the purchase of a new 2016 John Deere 624 loader by
piggy-backing on the ITD bid. They would take the city’s loader on trade and the differential would
be $17,279.02; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith None
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Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
The motion carried
Public Works Director John Millar reported on the water line replacement project that Edstrom
Construction is working on; it’s moving along well. They started working on the eastside of the city.
They have fallen a week behind; however, they will be bringing in another crew to catch up. The
sewer project is on scheduled. The change orders to date are at a negative amount.
C. Engineering: - Keith Davidson
1. Approve bid for the Rexburg City Water Project to install various sized ductile iron
municipal drinking water pipe for infrastructure. Contractor is to anticipate trenching thru
various city streets including asphalt and sidewalk. Reconstruction to city standards will be
required including granular subbase material. Replacement of existing curb gutter and
sidewalk will be required.
Company Amount
Knife River $ 1,228,485.00
Edstrom Construction $ 1,399,745.00
3H Construction $ 1,438,302.00
Zollinger Construction $ 1,629,465.00
DePatco Inc $ 1,724,565.00
Jerome Bowen N/A
Engineers Estimate $ 1,600,000.00
Discussion:
Council Member Wolfe moved to approve the low bid from “Knife River” for the Rexburg
City Water Project to install various sized ductile iron municipal drinking water pipe for
infrastructure as presented; Council Member Smith seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
The motion carried
2. Approve Airport Bid for crack sealing and slurry sealing. There were a total of two bidders.
Straight Stripe Painting was the low bidder.
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Straight Stripe Painting Maxwell Asphalt, Inc.
Bid Schedule 1 $111,528.00 Bid Schedule 1 $185,828.16
Bid Schedule 2 $ 25,762.15 Bid Schedule 2 $ 49,102.85
Combined $137,290.15 Combined $234,931.01
City Engineer Davidson explained the city asked for two bid schedules in case the bids came in
higher than anticipated. This would allow the city to do the work on either the runway or the
taxiway. The bid came in low enough that they can work on both the runway and taxiway.
Mayor Merrill asked if Straight Stripe Painting has done work for the city before. He questioned
the difference in the bid amounts between the two bidders. City Engineer Davidson indicated the
low bid amount is in line with the city engineer’s calculations. Council Member Mann said he has
used Straight Stripe Painting before and was pleased with their work.
Council Member Wolfe asked if this is the same ongoing airport apron project. City Engineer
Davidson said it’s a new project; it’s the regular maintenance of the airport. The FAA will be paying
90% of the maintenance cost.
NOTICE OF AWARD
AIP No.: 3-16-0031-15-2016
Engineer: GDA ENGINEERS Engineer's Project No.: 151039
Project: REXBURG – MADISON COUNTY
AIRPORT SEAL COAT AND
MARKING PROJECT
Contract Name: REXBURG – MADISON COUNTY
AIRPORT SEAL COAT AND MARKING
PROJECT
Bidder: Straight Stripe Painting, Inc.
Bidder’s Address: 1812 W. Sunset Blvd. #1-525
St. George, UT 84770
TO BIDDER:
You are notified that Owner has accepted your Bid dated June 14, 2016 for the above Contract, and that you are the
Successful Bidder and are awarded a Contract for:
Schedules 1 & 2 of the Rexburg – Madison County Airport Seal Coat and Marking Project.
The Contract Price of the awarded Contract is: $ 137,290.15.
3 unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract
Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. 3
sets of the Project Manual and Drawings will be delivered separately from the other Contract Documents. You must
comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award:
1. Deliver to Owner 3 counterparts of the Agreement, fully executed by Bidder.
2. Deliver with the executed Agreement(s) the Contract security and insurance documentation as specified in the
Instructions to Bidders and General Provisions 30-05.
3. Other conditions precedent: Provide copies of the following:
Certificate of Insurance listing City of Rexburg and GDA Engineers as additional insureds.
Preliminary Project Schedule including milestones, substantial and final completion dates
4. A Notice to Proceed will be issued once the Owner receives a FAA AIP grant. You may not commence
construction until the Owner has issued a Notice to Proceed. Any on-site construction work completed before a
Notice to Proceed will not be reimbursed by the Owner.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this
Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the
Agreement, together with any additional copies of the Contract Documents.
Owner: CITY OF REXBURG
Authorized Signature____________________________________
By: ______________________________
Title: _____________________________
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EJCDC® C-510, Notice of Award.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
C-510-2 GDA 2015
Owner: THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY
Authorized Signature____________________________________
By: ______________________________
Title: _____________________________
Copy: Engineer
Discussion:
Council Member Benfield moved to approve the Airport Bid for crack sealing and slurry sealing
as presented; Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
The motion carried
Mayor’s Report:
Mayor Merrill said he attended the Town and Gown Conference. The conference is specialized for
cities with universities. There were presentations and discussion on how the cities and universities
can better their working relationship. They also discussed housing concerns and how to planning for
growth. He said the conference was very informative and will implement some the ideas he learned.
Mayor Merrill commended the city’s Recreation Department on the Teton Dam Marathon. This
year the revenues were higher than the expenses. He expressed his appreciation for all of the
volunteers that helped with the marathon.
Mayor Merrill asked City Council for their thoughts about changing the name of “The Zone”, the
city recently purchased. He said the Recreation Department is cleaning up the building and will meet
Monday to discuss the business plan for The Zone. The response from the Rexburg citizens
regarding the purchase of The Zone has been positive.
Mayor Merrill mentioned a dance video Lisa Dayley Smith with the Standard Journal is making to
promote Rexburg.
Public Hearings: - NONE
Items for Consideration:
A. Approve Joint Sewer Study with Rexburg, Sugar City and two Sugar City Developers; each
party will pay 25% ($12,500) of the study totaling $50,000.
AMENDED AND RESTATED
REIMBURSEMENT AGREEMENT
(Water and Sanitary Sewer Studies)
THIS AMENDED AND RESTATED REIMBURSEMENT AGREEMENT (the “Agreement”), is entered
into and effective as of June____, 2016 (the “Effective Date”) by and between (i) TRIANGLE R, LLC, an
Idaho limited liability company with offices in Jackson, WY (“Triangle”), and the developer of the River
Bend Ranch subdivision in Sugar City, ID, (ii) RYAN LERWILL and JEFF LERWILL (collectively, the
“Lerwills”), the developers of the Old Farm Estates subdivision in Sugar City, ID, (iii) the CITY OF SUGAR
CITY, an Idaho municipal corporation (“Sugar City”), and (iv) the CITY OF REXBURG, an Idaho municipal
corporation (“Rexburg”). Triangle and the Lerwills are collectively referred to herein as the
“Developers”. The Developers, Sugar City, and Rexburg are collectively referred to herein as the
“Parties” and each individually as a “Party”.
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RECITALS
A. WHEREAS, the Developers and Sugar City entered into that certain Reimbursement
Agreement (Water and Sanitary Sewer Studies), dated February 25, 2016 (the “Original Agreement”),
pursuant to which said parties agreed to share the costs of the Studies (defined below in Recital H).
B. WHEREAS, Rexburg now desires to become a party to the Original Agreement to share in the
costs and benefits of the Sanitary Sewer Study (defined below in Recital H).
C. WHEREAS, the Parties desire to amend and restate (in its entirety) the Original Agreement
pursuant to this Agreement.
D. WHEREAS, Triangle is the owner of that certain tract of land in the County of Madison, State
of Idaho, known as the River Bend Ranch subdivision (“RBR”), and more particularly described in Exhibit
A, attached hereto.
E. WHEREAS, the Lerwills are the owners of that certain tract of land in the County of Madison,
State of Idaho, known as the Old Farm Estates subdivision (“OFE”), and more particularly described in
Exhibit B, attached hereto.
F. WHEREAS, the Developers have begun the process of submitting development improvement
plans to Sugar City for review and approval by the city.
G. WHEREAS, Sugar City does not currently have the culinary water and sanitary sewer capacity
to handle the complete buildout of the RBR and OFE developments.
H. WHEREAS, as a result of the water and sanitary sewer (“W&S”) capacity issue described in
Recital G, above, the Parties desire that Sugar City engage qualified engineering firms to analyze and
determine (i) the water well, well pumping equipment, and water storage facilities needed to serve the
needs of RBR and OFE, as well as other future residential and commercial developments within Sugar
City (collectively, the “Water Facilities Study”); and (ii) the sanitary sewer infrastructure expansion and
additional wastewater treatment capacity required from Rexburg, to serve the needs of RBR and OFE, as
well as other future residential and commercial developments within Sugar City (collectively, the
“Sanitary Sewer Study”) (the Water Facilities Study and the Sanitary Sewer Study being collectively
referred to as the “Studies”).
I. WHEREAS, the Developers and Sugar City generally agree to share the costs of the Water
Facilities Study equally (1/3 each), and to accomplish same, the Developers each agree to reimburse
Sugar City for 1/3 of the costs incurred by Sugar City for such Study.
J. WHEREAS, the Parties generally agree to share the costs of the Sanitary Sewer Study equally
(1/4 each), and to accomplish same, the Developers and Rexburg each agree to reimburse Sugar City for
1/4 of the costs incurred by Sugar City for such Study.
K. WHEREAS, Sugar City believes that the approximate cost of each Study is expected to be
$52,500 ($50,000 for the cost of the Study to be prepared by an engineering firm, plus $2,500 for the
application fee (Letter of Interest) for possible IDEQ (defined below) grant funding of such Study).
l. WHEREAS, the State of Idaho Department of Environmental Quality (“IDEQ”) has already
committed to Sugar City $25,000 in grant funding toward the Water Facilities Study, thereby reducing
the “net” cost of the Water Facilities Study to $27,500 ($52,500 (see Recital K, above), less $25,000).
M. WHEREAS, the IDEQ has denied Sugar City’s grant funding request toward the Sanitary
Sewer Study.
N. WHEREAS, Sugar City has already entered into a contract with Forsgren Associates, Inc.
(“Forsgren”), an engineering firm with offices in Rexburg, ID, to undertake the Water Facilities Study.
O. WHEREAS, in the near future, Sugar City expects to begin soliciting bids for the preparation
of the Sanitary Sewer Study.
P. WHEREAS, Sugar City and each Developer have already contributed $10,000 each toward the
total costs of the Studies.
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AGREEMENT
NOW THEREFORE, the Parties agree as follows:
1. Expected Costs of Studies. Sugar City currently anticipates that the total costs of the Studies
will be as set forth in Exhibit C.
2. Sharing of Studies Cost. The Parties agree to share the aforementioned anticipated costs of the
Sanitary Sewer Study on an equal (1/4) basis. The Developers and Sugar City agree to share the
aforementioned anticipated costs of the Water Facilities Study on an equal (1/3) basis. Each of the
foregoing cost-sharing arrangements are subject to the following:
A. In the event the actual cost of either Study exceeds $60,000 ($10,000 more than currently
anticipated), neither the Developers nor Rexburg (with respect to the Sanitary Sewer Study only) shall
be obligated to reimburse Sugar City for any amount beyond such $60,000 cost level.
B. Subject to Section 2(A), when Sugar City incurs Water Facilities Study costs, it shall submit
written requests for reimbursement from the Developers for their 1/3 share of same. Upon receipt of
such written reimbursement notices from the city, the Developers shall, within fifteen (15) days of
receipt of each such notice from Sugar City, submit a check to the city for their share of the costs set
forth in the notice from the city.
C. Subject to Section 2(A), when Sugar City incurs Sanitary Sewer Study costs, it shall submit
written requests for reimbursement from the Developers and Rexburg for their 1/4 share of same.
Upon receipt of such written reimbursement notices from Sugar City, the Developers and Rexburg shall,
within fifteen (15) days of receipt of each such notice from the city, submit a check to the city for their
share of the costs set forth in the notice from the city.
D. Sugar City shall provide to each Developer a copy of the Scope of Work for each Study, as
well as a copy of each completed Study. Sugar City shall provide to Rexburg a copy of the Scope of Work
for the Sanitary Sewer Study, as well as a copy of the completed Sanitary Sewer Study.
E. In the event Sugar City changes the scope of work on a Study that the Developers, or either
of them, do not give their prior written approval of, the non-approving Developer(s) shall not be
obligated to reimburse Sugar City for the cost of the Study related to such change in scope of work. In
the event Sugar City changes the scope of work on the Sanitary Sewer Study that Rexburg does not give
its prior written approval of, Rexburg shall not be obligated to reimburse Sugar City for the cost of the
Sanitary Sewer Study related to such change in scope of work.
3. Reimbursement from Future Developers. Sugar City and the Developers contemplate (and have
discussed generally) entering into a Water & Sewer Infrastructure Expansion Agreement (“W&S
Expansion Agreement”) which will cover, without limitation, a cost-sharing arrangement for funding all
of the costs of (i) expanding/enhancing Sugar City’s water and sanitary sewer infrastructure and (ii)
purchasing additional sanitary sewer treatment capacity at the Rexburg wastewater treatment facility.
Such agreement will also include a reimbursement provision pursuant to which future residential or
commercial developers connecting to Sugar City W&S infrastructure will be required to reimburse the
Developers and Sugar City for their pro-rata share of the costs such parties will have incurred to expand
the W&S infrastructure of Sugar City (including the purchase of additional sanitary sewer capacity at the
Rexburg wastewater treatment facility), all as recommended in the Studies. Sugar City and the
Developers agree that the “gross” Study costs (excluding IDEQ grant funding received by Sugar City for
the Studies) will be added to the actual W&S infrastructure expansion/enhancement costs (described
above) for purposes of reimbursement to the Developers and Sugar City by future developers
connecting to the W&S infrastructure contemplated by the W&S Expansion Agreement.
4. Default. In the event either Developer or Rexburg fails to comply with the terms and conditions
of this Agreement, the Sugar City may seek any remedy provided for in law or equity, including (with
respect to the Developers), but not limited to, withholding the issuance of any building permits,
certificates of occupancy, or the connection of water or sanitary sewer service to any property owned by
such Developer and located within the RBR or OFE development (as applicable), until such default is
cured.
5. General Provisions.
A. Severability. In the event that any term or provision of this Agreement shall be
declared by any court of competent jurisdiction to be unreasonable or invalid, then any such
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unreasonable terms or provisions shall be modified and enforceable to the extent deemed reasonable
by such court; and any such invalidity shall not affect any other term or provision of this Agreement, all
of which remaining terms and provisions shall continue in full force and effect.
B. Applicable Law. This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Idaho. The venue for any action arising out of this Agreement shall be
exclusively in the District Court of the 7th Judicial District of the State of Idaho, Madison County, or in the
United States District Court for the District of Idaho.
C. Waiver of Breach. The waiver by a Party of any breach of a provision of this Agreement
shall not operate, or be construed as, a waiver of any subsequent breach thereby.
D. Assignment. No Party shall assign (an “Assignment”) any rights, or delegate or
subcontract any obligations under this Agreement without the prior written consent of each other Party.
An Assignment in violation of the foregoing shall be deemed null and void. Subject to the limits on an
Assignment stated above, this Agreement shall inure to the benefit of, be binding upon, and be
enforceable against, each of the Parties and their respective successors and assigns.
E. Amendment. This Agreement may not be altered, amended or modified, except in
writing signed by each of the Parties hereto.
F. Entire Understanding. This Agreement constitutes the entire understanding of the
Parties with respect to the subject matter of this Agreement and supersedes all prior agreements and
understandings, whether in writing or oral, relating to the subject matter of this Agreement. This
Agreement amends and restates the Original Agreement in its entirety.
G. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
H. Remedies Cumulative. All remedies herein are cumulative and, to the extent not wholly
inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of
any Party.
I. Covenants Appurtenant to the Land. All covenants and conditions of the Developers
set forth herein shall be appurtenant to and run with each respective, applicable Development and shall
be binding upon each Developer’s successors or assigns.
J. Recording Fees. The Developers shall, upon written request of the City, promptly pay
to the City all recording fees necessary to record this Agreement with the Madison County Recorder’s
office.
K. Joint & Several Liability. For purposes of this Agreement, the liabilities and obligations
of the Lerwills herein shall be joint and several with respect to Ryan Lerwill and Jeff Lerwill.
L. Notices. Any notice or other communication required or permitted to be given to a
Party pursuant to this Agreement shall be in writing and shall be determined to have been duly given
when delivered personally, by email, or sent by United States certified or registered mail, return receipt
requested, postage prepaid, as follows:
To Triangle: Triangle R, LLC
Attn: Thomas W. Garlock
970 W. Broadway (#446)
P.O. Box 30,000
Jackson, WY 83002
(Tel) 307-413-4714
thom@tetonlanddevelopment.com
To Lerwills: Country Wide Properties, Inc.
Attn: Ryan Lerwill
1216 Stocks Ave. (#1)
Rexburg, ID 83440
(Tel) 208-356-7300
ryan@countrywideprop.com
Attn: Jeff Lerwill
1216 Stocks Ave. (#1)
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Rexburg, ID 83440
(Tel) 208-356-7300
jeff@countrywideprop.com
To Sugar City: City of Sugar City
Attn: David Ogden, Mayor
10 East Center
P.O. Box 56
Sugar City, ID 83448
(Tel) 208-356-7561
mayor@sugarcityidaho.gov
With a copy to: William Forsberg
Forsberg Law Offices, Chtd.
49 Professional Plaza
Rexburg, ID 83440
(Tel) 208-356-7474
forsbergw@cableone.net
To Rexburg: City of Rexburg
Attn: Jerry Merrill, Mayor
35 N. 1st E.
P.O. Box 280
Rexburg, ID 83440
(Tel) 208-359-3020
jerry.merrill@rexburg.org
With a copy to: Stephen Zollinger
Rexburg City Attorney
35 N. 1st E.
P.O. Box 280
Rexburg, ID 83440
(Tel) 208-359-3020
stephen.zollinger@rexburg.org
Discussion:
Mayor Merrill presented the Joint Sewer Study between Rexburg and Sugar City. The study is
beneficial for both Sugar City and Rexburg due to the growth both cities are anticipating. There are
two developers that will each pay 25% for the study, Rexburg will pay 25% and Sugar City will pay
25% as well. The estimated cost of the study is about $50,000.00 with a $60,000.00 cap.
Council Member Mann questioned which fund the cost for the study will come out of. Public
Works Director Millar replied the cost will come out of the wastewater fund.
Council President Smith moved to approve and authorize Mayor Merrill to execute the Joint
Sewer Study with Rexburg, Sugar City and two Sugar City Developers; each party will pay 25%
($12,500) of the study totaling $50,000; Council Member Wolfe seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
The motion carried
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Calendared Bills and Tabled Items:
A. “LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing
Procedure (Recommend Suspension of the Rules): – NONE
B. BILL Introduction: – NONE
C. First Reading: Those items which are being introduced for first reading:– NONE
D. Second Reading: Those items which have been first read: – NONE
E. Third Reading: Those items which have been second read:
1. BILL 1143 Amending Ordinance 1115 to allow a .75% parking ratio for dormitory unit
development; changing from a (1 to 1) ratio to as low as a (.75 to 1) ratio upon submittal and
acceptance by the Planning and Zoning Commission of a “Parking Management Plan”.
AN ORDINANCE AMENDING ORDINANCE 1115 BY ALLOWING FOR A
REDUCTION FROM 1 TO 1 RATIO TO AS LOW AS .75 TO 1 RATIO IN
REQUIRED PARKING FOR DORMITORY UNIT DEVELOPMENTS UPON A
SHOWING OF ADEQUATE PARKING MANAGEMENT PLAN; PROVIDING FOR
EFFECTIVE DATE OF THE ORDINANCE.
The Parking Management Plan conditions.
SECTION II: For any Parking Management Plan to be considered, it must include factors
intended to deal with all of the following:
1. Visitor parking must be located in such a way as to be readily identified upon entering the
parking facilities, and must provide for visitor stays of no less than 1 hour.
2. Policing of the parking facilities must be conducted by the property owners, or their employed
representatives, and any parking enforcement action must be initiated by an on-site person,
who is not compensated in direct relationship to the decision to tow or boot or otherwise police
violations. (No Predatory Towing or Booting)
3. Any tenant authorized to park in the parking facility must be clearly identified as having
parking privileges, and no more than the actual number of available spaces may be assigned,
providing for ancillary and visitor parking as required.
Discussion:
Council Member Smith commented she understands the numbers are actual numbers from
the university, which is helpful; however there is a caveat, she believes the .75% is too low. She
remembers the original number being .80%. Mayor Merrill explained .75% is the lowest the city
will consider and each development will be evaluated to consider the parking ratio. Mayor
Merrill said city staff has discussed the parking ratio with developers and they are in favor of the
Parking Management Plan conditions. The developers don’t see the conditions as a restriction.
The conditions actually give the developers the ability to design their projects in a way that
makes everything work.
Council Member Benfield stated she is in favor with the .75% parking ratio; however is not in
favor of the number 2 of Section II. She doesn’t agree with the city telling private businesses
how to operate. Mayor Merrill said the city has discussed the parking management process with
the booting company. The booting company owner said he would still be able to work with his
clients within the parking management plan conditions.
Council Member Benfield said she would like to have the developer come back to report to
City Council on how their parking management plan is working. ( Mayor Merrill asked city staff to
monitor the developer’s parking management plan agreement and report back to City Council on how well they are
operating).
Council Member Mann moved to consider BILL 1143 third read and approved amending
Ordinance 1115 to allow a .75% parking ratio for dormitory unit development; changing from a
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(1 to 1) ratio to as low as a (.75 to 1) ration upon submittal and acceptance by the Planning and
Zoning Commission of a “Parking Management Plan”; Council Member Flora seconded the
motion; Discussion: Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith Council Member Benfield
Council Member Flora
Council Member Mann
Council Member Wolfe
The motion carried
2. BILL 1144 repealing Ordinance 113 and Ordinance 699; Ratifying current Standing
Committees (recommending committees to City Council); Ratifying current Advisory Groups
and Establishing Advisory Groups.
AN ORDINANCE RATIFYING CURRENT STANDING COMMITTEES AND
ESTABLISHING STANDING COMMITTEES; RATIFYING CURRENT ADVISORY
GROUPS; ESTABLISHING ADVISORY GROUPS; REPEALING ORDINANCE 113 AND
699; AND PROVIDING FOR EFFECTIVE DATE OF THE ORDINANCE.
Discussion:
Council Member Wolfe moved to consider BILL 1144 third read and approved to repeal
Ordinance 113 and Ordinance 699; Ratifying current Standing Committees (recommending
committees to City Council); Ratifying current Advisory Groups and Establishing Advisory
Groups; Council President Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
The motion carried
Mayor’s Business:
Mayor Merrill reported a movie star known as Erik Estrada with be joining the St. Anthony Police
Department and the Rexburg Police Department will be participating in training Mr. Estrada to
become a level 2 police officer.
Mayor Merrill said he attended the Chamber of Commerce Board meeting. They are making
preparations for the Summerfest and Fourth of July Parade events. There is a need for 20 host
families for Summerfest.
Mayor Merrill reported the Associated of Idaho Cities Conference is scheduled for next week in
Boise Idaho. He encouraged the City Council Members attending the conference to get to know
other city officials and gather new ideas on how to handle growth, etc.
Discussion regarding the Fourth of July Parade.
Mayor Merrill read a letter received from Marjorie Liljenquist a Rexburg citizen thanking former
Fire Chief Walker for his dedicated service. He also received a letter from Chris Bachellor who is Pat
Burton’s daughter. Pat was instrumental in getting the carousel restored after the Teton Dam flood.
The restoration of the carousel took about fourteen years to complete. He said in the letter Chris
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states she would like to have a special day to honor all of the volunteers that helped in the
restoration of the carousel. She said she would be willing to fundraise to cover the cost of the event.
Mayor Merrill also reported the city Recreation Department is working on a mud run for July.
Council Member Benfield mentioned the Police Department is receiving more and more letters of
appreciation from Rexburg citizens for the service they provide to the community. She commended
the Police Department for all they do. Mayor Merrill said the Recreation Department also wanted to
thank the Police Department for all of their help during the Teton Dam Marathon. Police Officer
Jensen was very prepared that day with maps of all the different races.
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 1st, 2016 meeting; Planning and Zoning minutes from May 19th, 2016;
B. Approve the City of Rexburg Bills
Council Member Wolfe moved to approve the Consent Calendar containing the minutes and the
city bills; Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
The motion carried
Adjourned at 7:37 P.M.
APPROVED:
____________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Marianna Gonzalez, Deputy City Clerk