HomeMy WebLinkAboutCouncil Minutes - August 01, 2018
August 1, 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
Deborah Lovejoy – City Clerk
6:30 P.M. City Hall
Council Member Tisha Flora said the prayer.
Council President Sally Smith led the pledge.
Roll Call of
Council Members:
Attending: Council Member Flora, Council Member Walker, Council Member Mann, Council Member Busby, Council Member Wolfe, Council President Smith and Mayor Merrill.
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: None
Staff Reports:
Finance: Financial Reports- Matt Nielson
Finance Officer Nielson did not have anything to report.
Public Works & Engineering: - Keith Davidson
Director
Davidson reported that 7th South has been paved. They are working on the reservoir for the well by the Burton Elementary School. They have run into ground water so they will need to
bring in some larger rock material to stabilize it and then pump down the ground water. They will need to close 1000 South while they pump down the ground water and haul in the larger
rock.
Director Davidson indicated that Depatco had a project fall through so they will start on South 5th West next week and on University Boulevard. Seal coating will also start next
week. HK will start the 2nd East work on August 20th starting with 3rd South to 7th South before the students come back.
Council Member Busby asked if University Blvd. will go to four lanes or just add curb and sidewalk. Director Davidson said there will be two lanes on the north side between the overpass
and Rexburg Motor Sports that will go all the way through.
Director Davidson also reported that they have started building a sledding hill at Teton Lakes Golf Course.
Community
Development: New Construction Report – Bret Stoddard
Building Official Stoddard presented the Building Valuation Report for July. He indicated that they are still quite busy.
Official
Stoddard said they have sent out an email to contractors to remind them of the time crunch between semesters at BYU-I. They asked the contractors to try and get their permits in early.
Official
Stoddard commented that the public portal has been enhanced through the City Works update and things are moving forward smoothly. They are also working on the new Electronic Plan Review
software. They have decided to go with a software program called “On Base” because it ties right in to City Works.
Council Member Busby asked Director Davidson if Handcart Lane, going
to the new apartments, is made for on-street parking. Director Davidson indicated that a pole still needs to be moved by Rocky Mountain Power and then they might be able to make parking
along there. The pole will be moved at the developer’s expense.
Mayor’s Report:
Mayor Merrill thanked Officer Whetten for being here. He asked Brett Sampson from the University
if he had anything to report. Mr. Sampson said that 3,000 people will be in town for the next few days for Education Week.
Mayor Merrill reported that they have interviewed three website
development companies to re-do the City Website. The videographer has been shooting all over town to add a video to the City Website.
Mayor Merrill attended the Eastern Idaho Partnership SAUSA meeting. SAUSA stands for Special Assistant United States Attorney. This is an attorney that has been hired by the United
States District Court in Pocatello. He helps to prosecute drug criminals along with other criminals. The Legislature has agreed to cover 70 percent of the cost for this attorney and
the 11 or 13 Eastern Idaho Counties contribute the rest. This will save about 7 million dollars for the state. Usually the criminals are sent to Federal Prison which takes the cost
out of Idaho. Mayor Merrill is the legislative liaison for the group.
Mayor Merrill reported that a student from BYU-I Architecture Department did a rendering for an idea for the
north side of the tabernacle.
Mayor Merrill attended the regional mayors meeting on REDI. The new REDI Chief Executive Officer is Dana Kirkham, former Mayor of Ammon. She is focusing
on bringing all the economic development organizations together to work on the rolls for everyone and not have duplication.
Public Hearings:
6:45 – Ordinance 1197 - Fiscal Year
2018 Amended Budget – Matt Nielson
Finance Officer Nielson presented the budget amendments for 2018. The budget for fiscal year 2018 started with about 57 million and now needs to
be amended by about 4.1 million. Most of the amendments are street related because of the construction delays from one year to another. There are also some grants such as the $900,000
grant from Urban Renewal for the construction by Walmart. Fifty eight percent of the budget is spent in Public Works areas, next largest is Police and Fire which is about 20 percent
and then 12 percent is spent on Parks, Recreation and Cultural Arts. This public hearing is to amend the budget by 4.1 million.
Mayor Merrill opened the public hearing.
Public Testimony in favor of the proposal (5 minutes limit): None
Public Testimony neutral to the proposal (5 minutes limit): None
Public Testimony
opposed to the proposal (5 minutes limit): None
Mayor Merrill closed the public hearing for deliberations.
Discussion
Council Member Wolfe moved to approve Ordinance 1197 - Fiscal
Year 2018 Amended Budget; Council Member Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member
Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Items for Consideration:
Resolution 2018–10 – Fiscal
Year 2019 Utility Rate Change – Matt Nielson
Officer Nielson said they actually approved this at the last meeting but they brought it back because they were able to lower the utility
rate increase. Waste Water was able to shift some things around in their personnel area and eliminate the need for an additional full time employee. This helped to reduce the utility
rates in Waste Water from 8.9 to 5.2 percent increase which is about $5.00 per month.
RESOLUTION FOR INCREASING THE UTILITY RATES FOR FISCAL YEAR 2019
Resolution 2018 - 10
A resolution
of the City of Rexburg, Idaho, adopting a new rate schedule for water, sewer, garbage fees.
WHEREAS, the City Council desires to maintain the overall quality of life experienced by
its constituents; and
WHEREAS, the City Council desires to collect from all water, sewer, and garbage users an equitable user fee that reflects their appropriate share of operating
costs, depreciation and debt service;
NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Rexburg, effective October 1, 2018, the water, sewer, and garbage fees
to be charged shall be as follows:
New Monthly Cost:
Garbage 90 Gallon Bin Weekly Pickup no change
90 Gallon Bin Every 2nd week Pickup no change
90 Gallon Bin Every 4th week Pickup no change
1.5 Yard Bin Weekly Pickup no change
2.0 Yard Bin Weekly Pickup no change
3.0 Yard Bin Weekly Pickup no change
Water Base
Fee for .75” Equivalent & SF 1” Meter $18.25
Usage Fee per 1,000 Gallons over 6,000 $1.015
Wastewater Base Fee for .75” Equivalent & SF 1” Meter $15.70
Usage Fee per 1,000 Gallons $4.53
Oth
er City Usage Fee per 1,000 Gallon $2.61
Out of City Limits 30% Surcharge for Water or Sewer update all fees 30%
Council Member Walker moved to approve Resolution 2018–10 – Fiscal
Year 2019 Utility Rate Change; Council Member Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council
Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Resolution 2018 – 11 (18-00350) Comprehensive Plan
Map Change - Amending Cornell Block/Block 4 Parker Addition from Neighborhood Commercial Mixed Use and Low to Moderate Density Residential to Moderate to High Density Residential– Scott
Johnson
Economic Development Director Johnson presented the Comprehensive Plan Map Change. Planning and Zoning recommends this change. They believe that this is the best use for this
parcel. There were no issues raised by staff at the Planning and Zoning Meeting.
Council Member Wolfe also indicated that there was no opposition to this zone change.
Resolution
2018 - 11
WHEREAS, on the 1st day of August, 2018, the City Council for the City of Rexburg was duly convened upon notice properly given and a quorum was duly noted; and
WHEREAS, in
a Rexburg Planning and Zoning Commission meeting on the 19th day of July, 2018, the Planning and Zoning Commission held a public hearing, taking public comment for and against the proposal
to amend the Comprehensive Plan Map. The public hearing ended with a unanimous vote to recommend the proposed Comprehensive Plan Map change to City Council; and
WHEREAS, in a subsequent
City Council meeting on the 1st day of August, 2018, the City Council reviewed the findings from the Planning and Zoning Commission’s Public Hearing held on the 19th day of July, 2018;
and
WHEREAS, a comprehensive plan is a living document; an ongoing planning participation effort by the citizens of the community is encouraged to ensure changing conditions meet the
needs of the community; and
WHEREAS, proposed changes to comprehensive plan map can change land use designations; and
WHEREAS, the following approved Land Use designation changes
to the Comprehensive Plan Map from Neighborhood Commercial Mixed Use and Low to Moderate Density Residential to Medium to High Density
Residential at the Cornell Block/Block 4 of the Parker Addition (18-00350) in the City of Rexburg, Madison County, Idaho and more particularly described as follows:
Comprehensive Plan
Map Amendment
Legal Description:
Block 4 of Parker Addition
WHEREAS, the changes shown on the Comprehensive Plan Map dated August 1st 2018 have been approved by the City Council;
NOW
THEREFORE, by resolution duly adopted on the date first above written, be it resolved by the Mayor and the City Council the following:
The City of Rexburg does hereby accept and adopt
the said Comprehensive Plan Map Land Use Designations in the City of Rexburg Vision 2020 Comprehensive Plan.
RESOLVED this 1st day of August, 2018; by the City Council, City of Rexburg,
Idaho.
Council Member Smith moved to approve Resolution 2018 – 11 (18-00350) Comprehensive Plan Map Change - Amending Cornell Block/Block 4 Parker Addition from Neighborhood
Commercial Mixed Use and Low to Moderate Density Residential to Moderate to High Density Residential; Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Council
President Smith commented that it is very helpful that the neighborhood brought this forward.
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council
Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Ordinance 1195 (18-00311) Rezone Approximately 411 South Harvard from Low Density Residential 1 (LDR1) to Low Density Residential 3 (LDR3) – Scott Johnson
Director Johnson indicated
that staff believes this is keeping in line with the residential area. This will also provide buffering from the single family homes that are in LDR1 to the Medium and High density that
surrounds the area. There was one person who spoke in opposition to the zone change and there was one letter in opposition.
Council Member Wolfe said most of the opposition was from
people who want their kids to be able to play on the lot. Four duplexes are being proposed for the lot.
ORDINANCE NO. 1195
AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE
CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER
DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY the City of Rexburg, Idaho:
SECTION I: That the zoning map of the City of Rexburg, Idaho, which
is filed with the city clerk thereof, be, and the same is hereby amended and changed to provide that the hereinafter described property situated in the City of Rexburg, Madison County,
State of Idaho, regarding (#18 00311) to rezone the property at approximately 411 South Harvard Avenue from Low Density Residential 1 (LDR1) to Low Density Residential 3 (LDR3) in the
City of Rexburg, Madison County, Idaho.
The said property is located at 411 South Harvard Avenue in Rexburg, Madison County, Idaho, and more particularly described as follows:
Legal
Description:
Part of Lot 1, Block 1 of Sherwood Hills subdivision No. 1 to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
Described as:
Commencing at
the NW corner of said Lot 1, Block 1 and running thence East 190.00 feet along the North line of said Lot 1; thence South 82.00 feet; thence south 30°09'17” West 77.38 feet; thence
South
55°00'54" West 100.00 feet; thence South 74°17’18" West 71.89 feet to the West line of said Lot 1; thence North 225.71 feet along said West line to the point of beginning.
SECTION II:
That a new zoning map showing these amendments shall be certified to and declared to be the official zoning map of the City of Rexburg by passage of this Ordinance by the City Council
of the City of Rexburg.
SECTION III: This ordinance shall become effective upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this
___ day of ___, 2018.
Council Member Busby moved to approve Ordinance 1195 (18-00311) Rezone Approximately 411 South Harvard from Low Density Residential 1 (LDR1) to Low Density Residential
3 (LDR3); Council Member Walker seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council
Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Ordinance 1196 (18-00349) Development Code (Ord 1115) Amending HDR2
Zone to Allow an Urban Form to Promote Walkable Streets in the Infill and Redevelopment area and amend PED Map to Include Block 4 of Parker Addition – Scott Johnson
Director Johnson
explained that within the in-fill and redevelopment area, this change would allow HRD2 zones to have a reduction in setbacks from 20 feet to 5 feet. This would allow increased density.
There would be certain criteria; it wouldn’t just be allowed for everyone.
Council Member Wolfe added there is some give and take in order to get the reduced setbacks.
ORDINANCE
NO. 1196
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1115) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN
MADE; CHANGES TO HIGH DENSITY RESIDENTIAL 2 (HDR2) ZONE TO STREAMLINE THE DENISTY REQUIREMENTS AND ALLOW REDUCED SETBACKS TO THE INFILL/REDEVELOPMENT AREA; TO INCLUDE THE ENITRE CORNELL
BLOCK IN THE PEDESTRIAN EMPHASIS DISTRICT (PED); AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE.
WHEREAS, the City of Rexburg is incorporated as an entity of the State of Idaho; and
WHEREAS, the State of Idaho Statutes are used by the City of Rexburg as the primary source of code
compliance; and
WHEREAS, Rexburg City Codes are subordinate to Idaho state code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO:
SECTION I:
CHAPTER THREE point Ten changes to High Density Residential 2 (HDR2) shall be defined as follows:
3.10.070 – Lot Configuration and Density – Dwelling units shall not exceed forty-two
(42) units per acre. For Dormitory or Congregate Residential uses, regardless of actual number of dwellings, the density shall not exceed two-hundred-fifty-two (252) individuals per
acre. The Pedestrian Emphasis District (PED) density is regulated by the University, the Building Code of Rexburg, ID and any requirements imposed as part of the required Conditional
Use Permit (CUP).
3.10.080 – Yard Requirements – a. Front/Rear Yard. Each lot or parcel in the HDR2 zone shall have a minimum front yard of a least twenty-five (25) feet unless the
street upon which the parcel fronts has a boulevard strip of at least seven (7) feet, in which cast the front yard setback may be reduced to twenty (20) feet. Parking lot front yard
setbacks are twenty (20) feet. The area between the curb and gutter and the sidewalk is to be landscaped with trees and shrubs. Landscaping must be maintained as in its original design
and purpose.
3.10.090 – Setbacks and Right-of-Way Exceptions – a. Expectations viii. In the Infill/Redevelopment Area (see Section 4.16 for map), the required front yard setbacks
for buildings (not parking ) may be reduced up to fifteen feet (15’) by meeting the following requirements:
Location, widths, and names of all platted streets, railroads, utility right-of-way
of public record, easement, public areas, permanent structures….
SECTION II: INCLUDE THE ENTIRE CORNELL BLOCK/Block 2 of the Parker Addition in the Pedestrian Emphasis District (PED).
SECTION
III: Furthermore, any portion of the existing Development Code in conflict with this proposed amendment is hereby repealed.
SECTION IV: The City of Rexburg, Idaho City Council shall
enact this Ordinance amending Ordinance 1115 otherwise known as THE DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL
AND APPROVED BY THE MAYOR on this _____ day of ____________, 2018.
Mayor Merrill asked for a motion on Ordinance 1196.
Council Member Mann commented that they need to be careful about
saying “it’s allowable” because if you say it’s allowable it’s what they are going to do.
Director Johnson reminded Council that it’s only within the HDR2 Zone and only within the Infill
and Redevelopment Area.
Council President Smith asked what some of the other criteria would be. Director Johnson said they would have to meet public works requirements. They are looking
at creating more of a walkable environment. When buildings are closer, people feel safer walking there. They would also have to provide entrances for the public.
Director Johnson
indicated that the second part of this motion is to include the Parker Addition/Cornell Block into the Pedestrian Emphasis District (PED). Staff is favorable to this and Planning and
Zoning recommended it. Director Johnson showed the area on the screen.
Council Member Wolfe moved to approve Ordinance 1196 (18-00349) Development Code (Ord 1115) Amending HDR2 Zone
to Allow an Urban Form to Promote Walkable Streets in the Infill and Redevelopment Area and amend PED Map to Include Block 4 of Parker Addition; Council Member Flora seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Appoint Bryanna Johnson as a Parks Committee Member
Mayor Merrill
had Bryanna introduce herself. She said her husband works on campus and they have 3 boys so they spend a lot of time outdoors. She likes parks and being outside and believes it is
a great benefit to a city to have places where people can be outdoors.
Council Member Mann moved to ratify Bryanna Johnson to the Parks Committee; Council Member Busby seconded the
motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
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):
BILL Introduction: – NONE
Second Reading: Those items which have been first read: NONE
Third Reading: Those items which have been second read:
Ordinance 1193 - Annexation at approximately 793 Barney Dairy Road (18-00207) –Proposed zoning is Open Space Zone, Medium Density Residential 1 (MDR1), Low Density Residential 3 (LDR3),
and Low Density Residential 1(LDR1)
Council Member Busby moved to approve and third read Ordinance 1193 - Annexation at approximately 793 Barney Dairy Road (18-00207) –Proposed zoning
is Open Space Zone, Medium Density Residential 1 (MDR1), Low Density Residential 3 (LDR3), and Low Density Residential 1(LDR1); Council President Smith seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council
President Smith
The motion carried
Ordinance 1194 – Budget Appropriation for Fiscal Year 2019
Council Member Walker moved to approve and third read Ordinance 1194 – Budget Appropriation for Fiscal
Year 2019; Council Member Mann seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council
Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Mayor’s Business:
Mayor Merrill invited Bradley Peterson from the County
Planning and Zoning Department to fill everyone in on what they have been doing lately in Economic Development and Comprehensive Planning for the County.
County Planning & Zoning
Director Peterson said when he started in this position a year ago; he was told he needed to work on the Comprehensive Plan. He quickly realized that the plan was missing some things.
There was a Joint Hazard Mitigation plan in place with Rexburg, Sugar City and the County but it had never been looked at in connection with the Comprehensive Plan. The Flood Plain
Plan really didn’t communicate with the Hazard Mitigation Plan or the Comprehensive Plan. In order to move forward with a real Comprehensive Plan, we need one that communicates with
all the other plans and is multi-jurisdictional.
Mr. Peterson said the first step is to set some goals. By following Envision Madison they have been able to identify an organization
called the Rural Development Center which is funded through the Department of Agriculture. They will come in and provide an asset based program that looks at where we are as a community,
our infrastructure, the strengths and weaknesses, etc. The economic point of view helps match businesses with Rexburg. By adding certain things to the infrastructure, for example,
they can appeal to certain businesses. His goal is to get all the plans to communicate together. FEMA can help cities with their earthquake proofing as long as it is part of their
Hazard Mitigation Plan. Once all the goals and priorities are set, they can look at helping each other and work together. He would like the City, County and Sugar City to work together
to come up with a Comprehensive Plan that works for everyone.
Council Member Mann agrees with Mr. Peterson and he understands that they do need to have a plan.
Council Member Wolfe
asked if the City can do anymore to help. Bradley said the City staff has been very helpful.
Mayor Merrill read a letter from the Rexburg Area Chamber of Commerce thanking the City for all their help with the International Summerfest.
Council President Smith would like
to set some work meetings with Planning and Zoning. She would also like to meet with our legislator and representatives; perhaps in September. Mayor Merrill will be gone September
5th.
City Council scheduled a work meeting with Planning and Zoning on the 19th of September at 5:00. Council Member Mann suggested they meet with the legislator and representatives
after the election in November.
City Council will also meet with the County on August 13th.
Council President Smith asked if we have personnel on the fires. Council Member Walker
said some firemen just got back yesterday and some helped with the Grassy Ridge Fire over the weekend.
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 July 18, 2018 meeting
Approve the City of Rexburg Bills
Council
Member Wolfe moved to approve the Consent Calendar containing the minutes and city bills; Council Member Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those
voting nay
Council Member Flora None
Council Member Walker
Council Member Mann
Council Member Busby
Council Member Wolfe
Council President Smith
The motion carried
Adjournment
7:41 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
____________________
_________
Mary Flanary, Deputy City Clerk