HomeMy WebLinkAboutCouncil Minutes - February 21, 2018
Mayor Jerry Merrill
Council Members:
Christopher Mann Jordan Busby
Mikel Walker Tisha Flora
Brad Wolfe Sally Smith
City Staff:
Stephen Zollinger – City Attorney
Matt Nielson – Finance Officer
Keith Davidson – Public Works Director
Val Christensen – Community Development Director
Scott Johnson – Economic Development Director
Blair Kay – City Clerk
6:30 P.M. City Hall
Johnny Watson said the prayer
Joseph Morring led the pledge
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Mann, Council Member Wolfe, Council President Smith and Mayor Merrill.
Council Member Walker and 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.
Suicide Prevention – Judy Nelson
Judy Nelson asked the members of the audience to raise their hand if they know anyone who has or has attempted suicide. The majority of the people in the audience raised their hand.
She explained Idaho has the fifth highest suicide rate in the nation. There is a big concern regarding suicide in the Rexburg Community. They are going to start a suicide prevention
chapter in Rexburg that will include community members from Rigby, Ririe, St. Anthony, Ashton, Menan and outlining areas. She said the chapter’s first meeting will be held here in
Rexburg on March 6th at 12 o’clock at the old Madison Jr. High building. The support group for Rexburg will be lead by Stacy Hill and the meetings will be held every second Wednesday
of the month at the Madison Library from 6 p.m. to 7 p.m. She invited all to attend the meetings.
Judy Nelson also mentioned the Madison Cares Group has a terrific program called Youth Mental Health First Aid and Adult Mental Health First Aid. She passed out flyers with information
about the meetings to the audience and City Council.
Johnny Watson commented on the platting process on the Barney Property west of Quail Hollow. The property is less than 90 acres in size. The application will be submitted to Planning
and Zoning in about two weeks depending on the site plan layout.
Presentations:
Appointment of new City Clerk, Deborah Lovejoy – Mayor Merrill
Mayor Merrill administered the Oath of Office and appointed Deborah Lovejoy as the new City Clerk for the City of Rexburg.
Committee Liaison Assignments for 2018:
Council Member Mann: Golf Board · Emergency Services Board · Development Workshop
Council Member Mann reported the Golf Board and Emergency Services Board did not meet. The Development Workshop will meet next week.
Council Member Busby: Airport Board · Traffic & Safety · GIS Oversight
Council Member Busby was unable to attend the meeting.
C. Council Member Walker: MYAB· Parks & Recreation · Trails of Madison County
Council Member Walker was unable to attend the meeting.
D. Council President Smith: Legacy Flight Museum · Beautification Committee · M.E.P.I.
Council President Smith reported the Legacy Flight Museum meet to discuss and make preparations for the Airshow. The Airshow is scheduled for June 16th and will be sure to impress with
a lot of great pilots; however, the airshow will be a little bit shorter this year from 10:00 a.m. to 2:00 p.m... There will be vendors at the Airshow selling lunch. She encouraged
everyone to support and attend the Airshow. She mentioned there is new development taking place near the location of the Airshow. The new development may cause issues with parking;
however, she believes there will be sufficient parking for this year’s Airshow.
Council President Smith reported M.E.P.I. meet at the beginning of the month and everything is going well. She asked Economic Development Director Johnson to give a report of the items
discussed at the M.E.P.I. meeting.
Council President Smith reported the Beautification Committee has not met. Mayor Merrill indicated the planting of the flowers along Main Street is scheduled for May 10th. He said the
Mayor’s Youth Advisory Board is heading the project.
Economic Development Director Johnson reported M.E.P.I. is looking at the type of businesses that are considering locating to Rexburg and where in the city they prefer to be located.
They found that most businesses prefer to be located in the downtown area. He mentioned some of the specific reasons why these businesses prefer the downtown area: first to have better
access to the workforce and second to be closer to some of the restaurants. Navex Global is one of the businesses that prefer the downtown location. He mentioned Navex Global will need
22,000 square feet of office space. They were able to arrange the space for them; however, now there is a shortage of office
space in the downtown. The dynamics of the downtown area are also changing before it was largely retail now they are seeing businesses like call centers moving in.
Economic Development Director Johnson explained there are other challenges in the downtown area such as 25% of the land is off the tax rolls. Parking has also become an issue and will
continue to be an issue as they see a shift from retail business to call centers, etc... M.E.P.I. has been working with the Urban Renewal Agency and others to find a location for a
parking structure. The intent is to create a parking structure that will allow the selling off of the flat surface parking for development.
Mayor Merrill said there will be a joint meeting with Planning and Zoning on March 15th at 5:00 p.m. to discuss the downtown area.
E. Council Member Flora: School Board · Rexburg Arts Council/ Museum of Rexburg
Council Member Flora reported the School Board met with Head Waters Construction to discuss the construction timeline, the costs and specifications of the remodels and additions to the
school buildings. They will start with the Burton and Kennedy Elementary Schools this spring. They hope to complete all of the construction projects at the schools by December of 2019.
Council Member Flora reported on the Rexburg Arts Council. They recently finished hosting the Valentine Gala. The Arts Council is working on having five set events throughout the year
that the community can count on. One of those five events is the Story Telling Festival in August. There is a committee of parents working together on ideas to renovate Park Street
Park.
Mayor Merrill mentioned the Tabernacle Orchestra Concert is coming up on the February 27th. The Hanson Family will be preforming and he encouraged everyone to attend the concert.
F. Council Member Wolfe: Planning & Zoning · Urban Renewal Agency · Police
Council Member Wolfe reported he met with BYU-Idaho Representative Brett Sampson and other city leaders. One of the topics at the meeting was the downtown area. They discussed the potential
growth and what some of the city’s goals are for the downtown. The purpose of the meeting was for the city to received input from the university representatives and others so that it
isn’t solely a city staff decision. Planning and Zoning met, he asked that special attention be given to Planning and Zoning minutes regarding Commissioner Steve Oakey’s comments in
that meeting.
Council Member Wolfe reported the Police Department is concerned with the school shooting incident that happened in Florida. He said Chief Turman expressed his concerns with the dispatch
process of handling the response to a school shooting.
Council Member Wolfe reported a new Police Officer Ronnie Cobb is at P.O.S.T. Academy and is half way finished. Colin Erickson with the Police Department has been accepted to FBI Academy
for a three month training course. There are four other Rexburg Police Officers that have completed the FBI training course. The Police Department will also hold fire arms training
at the old city shop.
Council Member Wolfe reported one of the city police dogs is getting old and ready to retire. Officer Rhodes is in the process of training a new dog. Home Land Security has awarded a
$10,000 grant to help with training the new drug sniffing dogs. Mayor Merrill mentioned how impressed he is with the ability of a drug sniffing dog. He said recently there was an incident
where the dog was able to sniff out drugs that where located in a vehicles gas tank.
Staff Reports:
Finance – Matt Nielson
New fees for Recreation
Finance Monthly Reports & Dashboard Reports
Chief Finance Officer Nielson reviewed the Reserves by Type of Purpose over Time Report. The report displays the operations reserves over the past six years to January of this year which
is 33% into the fiscal year. There has been an incline in the Operations Reserves over the past six years. They are at the highest level compared to the last six years which is good
because the budget goes up each year. The Capital Reserves are also stable.
Chief Finance Officer Nielson reviewed the Operating Expenses to Date. The operating expense for the Wastewater is slightly high at 36% because of the high cost in power; it is projected
to be about $50,000.00 higher than budgeted. The new wastewater system is costing higher than anticipated.
Chief Finance Officer Nielson reviewed the Operating Revenues Report. The revenues are generally high this time of year due to the property tax payment in January. The permits and licenses
are at 48% in large part to building permits, the city has collected about 46%. The Total Operating Budget, Revenue and Expenses to Date graph were shown on the overhead screen. The
graph indicates the budgeted expenses, the actual revenues, the actual expenses. The city is on target and as long as the revenues are higher than the expenses, the budget is at a healthy
state.
Chief Finance Officer Nielson reviewed the Public Works Capacity Fees and Impact Fees Report. The reports indicated the city has collected a high amount of revenue in the first four
months compared to the past years. The Park Impact Fee has collected 66% of revenues for this fiscal year.
Chief Finance Officer Nielson explained in the Building Permit Fees Report; it shows most of the City’s growth is in Multi-family housing. The construction of new Single Family Dwellings
is low; however it should go up come spring. There are very little Commercial buildings being built. He reviewed the inflation graph on the Consumer Price (CPI), Municipal Cost (MCI)
and Construction Cost (CCI) Indexes. The Consumer Price Index the 10 year average is 1.74%, the municipal average is 2.21% and construction average is 3.30%. The Consumer Price Index
from last year is at 2.07%, the estimated COLA for 2019 is at about 2.07%.
Chief Finance Officer Nielson reviewed the Major Construction Projects Report. He said there won’t be a lot of progress on these projects because they are still in the design phase.
The first project listed on the report N. 2nd E. by Wal-Mart. The Urban Renewal Board met and has approved to fund 1.1 million dollars of improvements such as: right away purchase,
lights, curb and gutter. LID 48 Construction has remaining budget. The city will not have any Local Improvement Districts for fiscal year 2018. The Water Capacity Project is underway.
The city is working on a new well, buster pumps, and storage tank near the high school. The Riverside Field Project has two items the quad at a cost of 1.6 million dollars and to finish
lighting the fields at the park. The quad will not be built this summer. The city will continue to work with the school district on a memorandum of understanding to see if quad could
be built in 2019. The Sugar City Pressure Line is not needed this year.
Chief Finance Officer Nielson reviewed the Minor Construction Projects Report. Local Improvement District 47 will be finished this spring. The City will be over budget on the sewer plant
upgrade; however, there is money in the capital reserves to cover the overage. The widening of 5th West will start this year. The city will be reconstructing N. 2nd E., Yellowstone
Hwy to One Stationary Place. The reconstruction will include a trail that connects to sidewalk all the way down to Walmart. Urban Renewal is funding the sidewalk. On the Romance Theater
remodel the city is prioritizing what needs to be done. The Evergreen Park Restrooms are in the design phase. Center Street Revitalization will need a budget adjustment to finish the
project and the funds will come from the street reserves.
Chief Finance Officer Nielson continued to review the Minor Construction Projects Report. The Summerfield Lift Station will also need a budget adjustment. The Millhollow Lift Station
will need to be rebuilt. A diesel fuel station is also needed. The Water Tank Cleaning/Painting went out to bid last year; however, the project takes two years to complete.
Chief Finance Officer Nielson reviewed the Recreation Department’s request to create the following fees for Rexburg Rapids. There will be public hearing at the March 7th, 2018 City Council
meeting.
Chief Finance Officer Nielson reviewed the budget adjustment for the Summerfield Lift Station of about $165,000.00. The city will need to purchase land from the Summerfield land owners
in order to build the lift station.
Chief Finance Officer Nielson reviewed the budget adjustment for the street project to widen 5th West from University Blvd. to 7th South. The project wasn’t completed last year; the
budget adjustment will be made out of the reserves.
Chief Finance Officer Nielson explained the budget adjustment for the Parks Department. The adjustment is for the installation of the field lights at Riverside Park. The project was
budgeted in 2017; however, it carried over to 2018. The $175,000.00 total increase for the project will be funded out of the Park Impact Reserves. The total cost of the project will
be about $390,000.00.
Chief Fiance Officer Nielson reviewed the budget adjustment for the Streets Department. The adjustment is for the University Blvd. upgrades and right of way purchase. The upgrade will
be made to the traffic light and sidewalk will be added from the new McDonalds to the high school. The right of way purchase will be up towards the university. The cost for this street
project will be reimbursed by the Urban Renewal Agency.
Chief Finance Officer Nielson reviewed the budget adjustment for the Streets Department. The adjustment includes the N. 2nd E. and Moody Road upgrades and right of way purchase. The
Urban Renewal Agency will also reimburse the city for the cost of this project.
Council President Smith moved to approve the Budget Adjustments as presented; Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council President Smith
The motion carried
Chief Finance Officer reviewed the Budget Summary Reports. The total operating expenditures are at 31% spent and the total expenditures for all funds are at 18%.
Chief Finance Officer Nielson noted the city is going to close the Zions Bank Direct Auction-Agencies account and roll it back to the Zions Bank Capital Advisors account. He said it
doesn’t
makes sense for the city to take the time to puchase these agency notes; it’s better for Zions Capital Advisors to manage those notes with a good return.
Chief Finance Officer Nielson mentioned the short term investments are about 43% of the city’s portfolio and 30% of the city’s portfolio is long term investments with an earning of 2.6%
in the State Diversified Bond Fund. The mid-term investments which are managed accounts is about 27% of the city’s portfolio with a yield of about 2% and climbing up quick.
Chief Finance Officer Nielson reviewed the Treasurer’s Expenditure Report by Fund. The city has spent 18% of the budget. In the reserves section of the report, the Sewer Reserves are
at 3.8 million dollars, Street Reserves are at 3.2 million dollars, and the Water Reserves are 7.7 million dollars.
Public Works: - Keith Davidson
Recycling Review
Public Works Director Davidson reported he will be meeting with the contractor in charge of painting the water tank to inform them that the painting needs to start March 1st. The tank’s
water level is low during this time and it will help for when the tank is taken off line. He said he is also meeting with Western Recycling about the cost increases to pick up the
recycling containers. Western Recycling informed the city that they will need to raise their cost by $2.00 per can per month. The reasons include, the commodity is low and Western Recycling
is having issues with covering their costs. Also, about 15% of the items put in the recycling containers are trash items. They have to dispose of the trash at a cost to them. Public
Works Director Davidson suggested a committee of City Council Members be formed to discuss the city’s recycling program. Council Member Mann and Council President Smith said they would
be able to serve on the committee.
Council Member Wolfe asked if the Wastewater Treatment Plant is generating methane gas and if that will help with the costs in electricity. Public Works Director Davidson explained one
of the reasons the cost in power increased is due to a second blower being added to help maintain the oxygen levels in the oxidation ditches. There are also leaks in the air lines that
run to the oxidation ditches once they are repaired and the second blower isn’t needed the power cost will go down.
Council Member Mann asked about the Evergreen Park Restrooms. Public Works Director Davidson said they will be out to bid soon. The plan is to have the construction of the restrooms
start in early spring.
Mayor’s Report:
Mayor Merrill asked Brooke Raybould to introduce herself. She is one of the candidates for a local state representative position.
Mayor Merrill reported on the following items:
The Blue Cross of Idaho High Five Grant Representative asked him to introduce the new PBS KIDS program Pinkalicious & Peterrific at the Madison Library. The program encourages kids to
engage in the creative arts and self-expression, including, music, dance, theater, and visual art. He expressed his appreciation for the Blue Cross of Idaho Foundation for sponsoring
these types of programs throughout the state.
Police Chief Turman mentioned in a recent staff meeting that the department has received over 800 calls since January 1st.
There was discussion during staff meeting regarding customer service and how to better serve the citizens of Rexburg. They also discussed how to serve the city’s internal customers.
He attended a meeting with BYU-Idaho University President Eyring and Representative Brett Sampson. During the meeting, he was pleased to hear how the relationship between the university
and city is strong and positive.
The Rural Development Agency had a board meeting last week. He explained the agency was formed about 30 years ago. The purpose of the agency is to help push economic development in all
of East Idaho. They also provide loans to entrepreneurs who may not be able to receive a conventional bank loan by evaluating their business plan. He said not all businesses receive
a loan.
The Madison High School students are working on Project Citizens. The City listens to the student’s project proposals. Most, of the proposals are great; however, funding is an issue.
There was a Chamber of Commerce forum last Wednesday to discuss different concerns with state legislators via a web-cam.
Eastern Idaho Community Action Partnership helps to empower at risk individuals and families meet their basic needs to increase their independence through support and education. He is
a board member of this partnership.
The Zone is having an open gym night on Friday night for free. The Recreation Department will have games and food to let citizens know what is available to participate in at the Zone.
He recently met with the Madison School District Board regarding baseball and softball fields. The city and school board have been discussing the fields for a couple of years. They have
seen progress. The city might be able to do a zero interest short-term loan for the school district to help with the cost of the fields.
Public Hearings: – NONE
Items for Consideration:
Ordinance No. 1181 (#18 00045) Development Code Amendments including: Section 2.1 Parking Space a., Section 2.1 Short Plat, Section 3.5.150., 3.6.150., 3.7.150., 3.8.150., 3.9.150.,
3.10.150., 3.11.150., 3.12.150. Fencing and Screening, Section 3.14.010. Purpose and Objectives of the Mixed Use (MU) zone, Section 3.14.020. Permitted Uses to allow Hotel, Section
3.14.030. Mixed Use Percentages, Section 3.14.090. Lot Configuration, Section 3.14.0100. Front Yard requirements, Section 3.14.0110. Projections into Yard requirements, Section 3.14.0145.
Project Plan Approval, Section 3.16.150., 3.18.150., 3.19.150., 3.20.150., 3.21.150., 3.24.140., 3.25.160. and 3.30.150. Highway 20 Corridor, Section 4.7 (through a.v.)Screening and
Fencing Requirements, Section 5.2 Distance for Private Off-Street Parking, Section 9 a. The parking ratio per student within “Areas 1 and 2”, Section 9 j. Visitor Parking in the Pedestrian
Emphasis District (PED), Section 9 p. Lighting fixtures, Subdivision Code Section 2.3 Preliminary Plat first paragraph, Subdivision Code Section 2.5 Short Plat. (Recommend Suspension
of the Rules)
Community Development Director Christensen reviewed the changes to the Development Code. The city worked with the university representatives and some apartment complex owners regarding
the changes to parking.
Dev. Code Changes
Change Section 2.1 Parking Space a. to read:
Visitor Parking in the Pedestrian Emphasis District (PED) consists of the following:
PED Area One (1) may allow parking to be reduced to 6% visitor parking stalls per number of beds.
PED Area Two (2) may allow parking to be reduced to 6% visitor parking stalls per number of beds.
These minimum visitor parking requirements in PED Area One and PED Area Two may only be reduced through the (PED) Conditional Use Permit (CUP).
Explanation: The code had been changed to allow for as little as 3% visitor parking. Our surveys identify the need for 6% as a minimum.
Change Section 2.1 Short Plat to read:
A plat for five (5) or less properties that is reviewed and approved by City Staff only. The Community Development Director and the City Engineer can consider other simple plats on
a case-by-case basis. See Short Plat in Chapter 12 Subdivision Ordinance Section 2.5.
Explanation: Staff felt that other minor plats with over three parcels should be included. Short plats allow the developer to not have to go into Planning and Zoning or City Council
meetings.
Change Section 3.5.150., 3.6.150., 3.7.150., 3.8.150., 3.9.150., 3.10.150., 3.11.150., 3.12.150. Fencing and Screening and 3.14.160 to read:
See Section 4.7
Explanation: These are the “charging” paragraphs for each zone to implement the Highway 20 Corridor requirements found in Section 4.7.
Change Section 3.14.010. Purpose and Objectives to read:
It is the purpose and intent of the Mixed Use (MU) zone to allow flexibility where a variety of housing types may exist among neighborhood-serving commercial and institutional uses.
Mixed use projects are encouraged, but stand-alone residential development is allowed. Higher residential densities are allowed with the highest requiring a mixed use component.
(see section 3.14.030 below).
Explanation: This is the “Intent” language for Mixed Use and was changed to make clear the new flexibility in the uses.
Change Section 3.14.020. Permitted Uses to allow:
Hotel
Explanation: Staff felt that Hotels should be a permitted use in the Mixed Use zone.
Change Section 3.14.030. Mixed Use Percentages and Density to read:
MU projects are encouraged but not required to have residential, commercial or institutional mixture (including other uses as approved by the Community Development Director). The MU
zone allows a maximum residential density of thirty (30) units per acre. Projects shall be allowed an additional residential unit for each one half (1/2) percent of commercial or institutional
use. Mixed use percentages shall be maintained in perpetuity unless a change is requested and granted with a Conditional Use Permit. The use will be monitored by the Community Development
Compliance Officer.
Explanation: Staff felt that there should be an incentive for true mixed use projects. Projects shall be allowed an additional residential unit for each one half (1/2) percent of commercial
or institutional use. Using this formula, a project with 40 units per acre would require 5% mixed use. For comparison, the North Point project has about a 5% commercial component.
North Point has a 50 unit/acre density.
Change Section 3.14.090. Lot Configuration to read:
Projects in this zone are required to be pedestrian friendly developments with buildings facing and in close proximity to the right-of-way. Parking lots are required to be behind buildings.
Other configurations may be considered on a case-by-case basis and subject to a Conditional Use Permit (CUP). Access driveways are restricted to twenty four feet (unless required
to be wider for Fire Apparatus).
Explanation: The previous language addressed density but not lot configuration. Density is now covered by Section 3.14.30.
Add to Section 3.14.0100. Front Yard requirements:
Townhouse type residential adjacent to right-of-way shall have a “daylight basement” or crawlspace with the first floor a minimum of three (2) feet above grade.
Explanation: This requirement is for townhomes facing City right-of-way adjacent to public sidewalks. The raise puts windows higher so that street views are looking only at the upper
walls and ceilings of the units.
Add to Section 3.14.0110. Projections into Yard requirements:
Utility fixtures are not allowed in the front yard setback or in the City Right-Of-Way.
Explanation: This requirement is to keep unsightly utilities in the rear or sides of projects.
Add to Section 3.14.0145. Project Plan Approval:
Landscape plan requirement.
Explanation: This additional language will require landscape plans for Mixed Use Projects. The street view for these developments is critical and landscaping is a key component. Landscaping
is currently required under Yard Requirements. This addition will let the developer know the expectation prior to plan submittal.
Add to 3.17.090. Building Height:
Additional height may be allowed with a Conditional Use Permit (CUP).
Explanation: Staff felt that on a case by case basis and with a Conditional Use Permit buildings higher than fifty five feet could be considered in the Central Business District (Downtown).
The code currently allows this approach in the Mixed Use Zone.
Change 3.16.150., 3.18.150., 3.19.150., 3.20.150., 3.21.150., 3.24.140., 3.25.160. and 3.30.150. a. Other Requirements to read:
Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must submit a site plan meeting the requirements of Section 4.7 i.v. prior to obtaining a Building Permit.
Explanation: These are the “charging” paragraphs for zones to implement the Highway 20 Corridor requirements found in Section 4.7.
Change Section 4.7 (through a.v.)Screening and Fencing Requirements with the following:
The following requirements are minimum standards. Additional landscaping elements may be allowed as per review by the Community Development Director or Designee. Screening and fences
within the City shall be constructed and maintained in conformance with the following standards:
Screening Requirements.
Parking Areas. An effective minimum five (5) foot wide buffer shall be provided between parking areas for five (5) or more vehicles and existing residential uses, schools, hospitals,
nursing homes and other institutions for long-term human care. Commercial parking lots shall be separated from the City right-of-way with a minimum 10’ wide buffer. Buffers shall
be planted with one (1) 2” caliper deciduous tree and five (5) five gallon shrubs per thirty (30) lineal foot. A six foot tall vinyl or masonry fence may be substituted for the landscape
buffer, but not in front yards or front setbacks, see paragraph b. below. Landscaping must be maintained as in its original design and purpose.
Commercial/Industrial Uses. Where a commercial or industrial use adjoins residential zones, or undeveloped land shown as residential uses on the Comprehensive Plan, there shall be provided
along the abutting property line a yard equal in width to that required in the residential zone. The yard shall be planted with a combination of trees, low shrubs, and ground cover,
and/or a suitable fence (as approved by the Community Development Director or Designee) otherwise in compliance with this ordinance of sufficient height and density to screen the two
parcels. Landscaping must be maintained as in its original design and purpose.
High Density Residential Uses. Where a lot in the HDR or HRD2 district adjoins a lot (not a right-of-way) in the LDR or MDR districts or unincorporated and designated as single-family
on the Comprehensive Plan map, a landscaped buffer shall be provided on said property line.
The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) 2” caliper deciduous tree and five (5) five gallon shrubs per thirty (30) lineal
foot. Landscaping must be maintained as in its original design and purpose.
When a public street is located between the front lot line of the HDR zone and the single-family zone, a landscaped buffer seven (7) feet wide or as required for front yard setbacks,
whichever is greater shall be constructed and maintained on the front lot line. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1)
2” caliper deciduous tree and five (5) five gallon shrubs per thirty (30) lineal foot. Landscaping must be maintained as in its original design and purpose.. For Infill/Redevelopment
Projects, see Section 4.16.
Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must submit a site plan to the Community Development Director or Designee to be approved for design prior
to obtaining a Building Permit. Parcels that are directly adjacent to the Highway 20 right-of-way must have buildings buffered with deciduous 2” caliper trees at 20 foot spacing and
two 5 gallon shrubs between trees. Any building facade adjacent to the Highway 20 right-of-way meeting the requirements of the commercial design standards (including “eyes to the street”
requirements) as found in Section 4.14 may reduce buffering to deciduous 2” caliper trees at 50 foot spacing and eight 5 gallon bushes between trees. Trees and bushes shall be surrounded
with grass, decorative rock, bark or other as approved in the site plan review. A minimum setback of 25 feet is required from any building to the Highway 20 right-of-way or a one to
one setback to height requirement whichever is greater. Landscaping must be maintained as in its original design and purpose.
Open Storage Area. Open storage area in commercial and industrial zones shall be screened from view of the streets by structures or by a landscaped strip at least seven (7) feet in width
with plantings that hide the open storage (as approved by the Community Development Director or Designee). Open storage shall not be located within a required front yard.
Explanation: The Highway 20 Corridor requirements are created to allow “prescriptive” design so that developers can design without having to go to a Design Review Meeting in front of
the Planning and Zoning Commission. The applicant can still meet follow the previous rules if so desired. This rule allows more flexibility for the applicant. The other changes are
for clarification purposes. The size and spacing of trees and bushes is required in other sections.
Add to Section 5.2 Distance for Private Off-Street Parking:
Projects in the Mixed Use (MU) zone are allowed greater than 200’ distance as approved by the Community Development Director or Designee.
Explanation: Staff felt that parking in mixed use should be allowed on a case by case basis to be like “downtown” Central Business District parking where the 200’ rule is not required.
Change Section 9 a. to read as follows:
The parking ratio per student within “Areas 1 and 2” as identified on the attached exhibit map shall be reflective of a market demand as determined by the applicant or land owner. In
some cases it may be reduced to as little as 60% including other parking that is required for guests and management as specified below in paragraphs i., j., and k..
Explanation: Staff felt that 60% was the minimum that parking should be
reduced in the Pedestrian Emphasis District (PED). BYUI statistics identify that about 68% of students have cars.
Change Section 9 j. to read as follows:
j. Visitor Parking in the Pedestrian Emphasis District (PED) may be reduced to as low as 6% visitor parking stalls per number of beds. Visitor parking requirements in the PED may
only be reduced through the (PED) Conditional Use Permit (CUP).
Explanation: The code had been changed to allow for as little as 3% visitor parking. Our surveys identify the need for 6% as a minimum.
Remove the following Section 9 p.:
Lighting fixtures on the property shall not exceed 15-feet in height. This would include wall mounted lights as well as parking lot lights and walkway lights. Any lighting that exists
at the time a property wishes to implement this PED parking standard shall be brought in to compliance with this standard and any other lighting standards per the City’s lighting ordinance.
Explanation: Developers have had issues with the 15’ height restriction for parking lot lighting. The code has “Engineering Standards” that address lighting.
Change Subdivision Code Section 2.3 PRELIMINARY PLAT first paragraph with the following:
APPLICATION. If the sub-divider elects to proceed with the platting process, he shall file with the City Planning and Zoning Office, at least twenty-one (21) days prior to the scheduled
presentation before the Commission, four (4) hard and one (1) digital copy of the completed subdivision application form as prescribed by the Commission, four (4) hard and one (1)
digital 24” x 36” copy of the preliminary plat with data as required by this section.
Explanation: Developers have had to submit 18 copies as per the existing code. By using digital copies we can substantially reduce the amount of paper.
Change Subdivision Code Section 2.5 with the following:
SECTION 2.5 SHORT PLAT
A Short Plat may be requested when all of the following conditions are met:
The proposed subdivision does not exceed five (5) buildable lots
No right-of-way dedication is necessary as required by City Codes and Ordinances unless otherwise approved by the City Engineer
Public improvements, street widening or infrastructure improvements have been
approved by the City Engineer.
No impacts on the health, safety or general welfare of the City of Rexburg
The subdivision is in the best interest of the City of Rexburg
Explanation: Staff felt that other minor plats with over three parcels should be included. Short plats allow the developer to not have to go into Planning and Zoning or City Council
meetings.
Council President Smith asked about the height of the tallest parking structure in the city. Community Development Director Christensen replied there is a five story parking structure.
Community Development Director Christensen mentioned there are some non-substantial changes for example typos that need to be corrected.
Council Member Mann questioned the reason for suspending the rules to pass the changes to the Development Code. He asked if there is a time element due to construction. Economic Development
Director Johnson replied yes there is a time constraint.
Council Member Wolfe moved to suspend the rules for Ordinance No. 1181 (#18 00045) Development Code Amendments; Council Member Flora seconded the motion; Mayor Merrill asked for a roll
call vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council President Smith
The motion carried
Council Member Flora moved to approve Ordinance No. 1181 (#18 00045) Development Code Amendments and consider it third read; Council President Smith seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council President Smith
The motion carried
Ordinance No. 1182 (#18 00020) to Rezone from Medium Density Residential One (MDR1) and High Density Residential One (HDR1) to Mixed Use (MU) at approximately 220 S. 2nd W. (Arbor
Cove) in the City of Rexburg, Madison County, Idaho.
Economic Development Director Johnson presented the rezone at approximately 220 S. 2nd W. The developer is interested in changing the property into higher density student housing. City
staff has been working with the developer and believe it’s a good project.
Council President Smith mentioned in the past City Council had access to more information such as; the application for the rezone now all they have is the Planning and Zoning minutes
to refer to. She said she feels better about making a decision when there is more information. She asked that the information received by city staff be placed into the City Council’s
shared electronic folders.
Johnny Watson was also asked to present on the rezone. The property is less than five acres with the existing Arbor Cove property. The development will not have any commercial and will
look
similar to the Willows Apartments and North Pointe Apartments. There will be two buildings one for young women housing and the other young men housing. .
Council Member Flora asked about the discussion that took place in the Planning and Zoning meeting between Mr. Oakey and Mr. Watson. Mr. Watson clarified the discussion took place because
the development is not in the Pedestrian Emphasis District Zone. He explained there is a good reason why the PED Zone was created and why it shouldn’t be expanded.
Council Member Mann asked if all of the building at that location will be torn down. Mr. Watson replied yes all of the buildings will be torn down.
Discussion regarding the location of the PED zone.
Community Development Director Christensen said with the changes to the Development Code. The developer will not need to come back and apply for a Conditional Use Permit. He believes
the changes will create a better process for the city and developer.
Council President Smith asked about the density of the development. Mr. Watson said the Comprehensive Plan shows the property for Mixed Use Zone; however, with the changes to the Development
code, they would be able to develop without the Mixed Use.
Discussion regarding the High Density Zones and Mixed Use Zones in the Development Code.
Council Member Wolfe moved to suspend the rules for Ordinance No. 1182 (#18 00020) to Rezone from Medium Density Residential One (MDR1) and High Density Residential One (HDR1) to Mixed
Use (MU) at approximately 220 S. 2nd W. (Arbor Cove) in the City of Rexburg, Madison County, Idaho; Council Member Flora seconded the motion; Mayor Merrill asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council President Smith
The motion carried
Council Member Flora moved to approve and consider third read Ordinance No. 1182 (#18 00020) to Rezone from Medium Density Residential One (MDR1) and High Density Residential One (HDR1)
to Mixed Use (MU) at approximately 220 S. 2nd W. (Arbor Cove) in the City of Rexburg, Madison County, Idaho; Council President Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council President Smith
The motion carried
Ordinance No. 1183 (#18 00027) to Rezone from Transitional Agricultural 1 (TAG1) to Light Industrial (LI) for 4 W. Moody Rd. (White Owl Business Park) in the City of Rexburg, Madison
County, Idaho.
Economic Development Director Johnson explained currently the majority of the Light Industrial is along the railroad which is currently not active. One of the main items they analyzed
was connectivity. The intersection between Moody Road and 2nd East is an issue.
Council President Smith asked about the discussion regarding the intersection. Economic Development Director Johnson explained the intersection is too narrow. There already are issues
with driving farm equipment through that intersection. The developer has indicated that they will cover the cost to widen the intersection.
Bron Leatham explained the widening of the intersection design is being reviewed by engineers and will need to be approved by the City’s Public Works Department. The intersection was
widened for the new Wal-Mart. He said one of the issues with the widening the intersection is that there are two properties one on the north side and another on the south side. The
two properties are not being developed. He has met with the property owner John Hegsted and understands his concerns. Mr. Hegsted’s property is under contract with a developer; however,
not likely to close any time soon.
Bron Leatham said they have been working with Mr. Hegsted, the Canal Company and City Staff on widening the intersection. They would like to have as little impact to Mr. Hegsted’s property
as possible. He reviewed what is needed to widen the intersection to make it safer for the farm equipment to pass through the intersection.
Council Member Wolfe moved to suspend the rules for Ordinance No. 1183 (#18 00027) to Rezone from Transitional Agricultural 1 (TAG1) to Light Industrial (LI) for 4 W. Moody Rd. (White
Owl Business Park) in the City of Rexburg, Madison County, Idaho; Council President Smith seconded the motion; Mayor Merrill asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council President Smith
The motion carried
Council Member Flora moved to approve and third read Ordinance 1183 (#18 00027) to Rezone from Transitional Agricultural 1 (TAG1) to Light Industrial (LI) for 4 W. Moody Rd. (White Owl
Business Park) in the City of Rexburg, Madison County, Idaho the Rezone from Transitional Agricultural 1 (TAG1) to Light Industrial (LI) at approximately 4 W. Moody Rd. (White Owl Business
Park); Council Member Mann seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Calendared Bills and Tabled Items:
“LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing Procedure (Recommend Suspension of the Rules): NONE
Second Reading: Those items which have been first read: NONE
Third Reading: Those items which have been second read: NONE
Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table:
Ordinance 1177 – 2nd reading tabled pending a possible legislative change to Idaho State House BILL 216 to Amending the Development code for Short-term Rentals, Bed and Breakfast Inns,
and Boarding Houses – City Council
Mayor’s Business:
Mayor Merrill reminded everyone about the joint City Council Meeting with Planning and Zoning on March 15Th at 5:00 p.m. The will be discussing the Downtown Development Plan and set
a date for a town hall meeting to receive input from the public regarding the vision for downtown area.
Mayor Merrill reported on the National League of Cities utility line program. The company provides insurance for water and sewer line replacement. Council Member Flora expressed concerns
with the cost of mailing the brochure in the city’s utility bill and if the city might be showing preference to one insurance company over another.
Discussion regarding the legalities of promoting this type of insurance program.
Council President Smith said the City Council Drive around is scheduled for May 2nd.
Council Member Wolfe moved to go into executive session per Idaho State Statute 74-206 (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges
brought against, a public officer, employee, staff member or individual agent, or public school student and (f) To communicate with legal counsel for the public agency to discuss the
legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. ; Council President Smith seconded the
motion; Mayor Merrill asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council President Smith
The motion carried
Executive Session ended 9:23
Consent Calendar: The consent calendar includes items which require formal City Council
Action; however, they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion
in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items.
Minutes from February 07, 2018 meeting
Approve the City of Rexburg Bills
Council Member Wolfe moved to approve the Consent Calendar containing the minutes and city bills; Council President Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council President Smith
The motion carried
Adjournment 9:23 P.M.
APPROVED:
____________________________
Jerry Merrill, Mayor
Attest:
_______________________________ _____
Marianna Gonzalez, Deputy City Clerk