HomeMy WebLinkAboutCouncil Minutes - June 27, 2018
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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
Fay Harris said the prayer
Doyle Barney led the pledge
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Mann, Council Member Wolfe, Council
Member Busby, Council Member Walker, 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:
A. Rick Patton – GDA Engineers – Update on Airport Relocation Master Plan
Mr. Patton said he is an aviation planner from Boise, Idaho and is here to present an update on the
Rexburg-Madison County Airport - Master Plan. A copy of the summary of master plan chapters
was handed out to City Council and audience members. He explained the process of the Aviation
Master Plan. The master plan looks at a community’s aviation needs. The process begins by taking
inventory of the current airport including buildings, utilities, runways, taxiways, hangers, etc.; it then
becomes an inventory chapter. The next most important item is the forecast. The information they
expect to receive from the forecast is the design or critical aircraft. This would be an aircraft that
uses the airport more than 500 times annually that equals out 250 takeoffs and 250 lands. He gave
the following example; if a larger airplane uses the airport less than once a day that airplane will
become the design aircraft. There were motion activated cameras installed on the taxiways and pinch
points to identify the activity taking place at the airport and the type of airplanes using the runway.
They cataloged all of the types of airplanes using the runway. They also looked at the approach
speed of the aircraft that would set the safety standards for around the runway. This process also
helps with setting recommendations to determine the length of the runway. He mentioned they also
look at the wingspan of the aircraft. The wingspan will determine how aircrafts are moved around
on the aprons and taxiways so they don’t bump into each other. An airport reference code is
determined by the approach speed and the wingspan for that aircraft. The airport’s code is set up to
be a B1 which is a slightly larger than a single engine Cessna; however, the wingspan is the same of
that of a Cessna Airplane.
Mr. Patton explained a runway’s length isn’t designed for when an aircraft is taking off. It’s what
happens at the time of rotation when the airplane is breaking ground, if something were to happen
such as engine failure or blown out tire and the airplane has to be put back on the ground. He said
it’s the safe stop distance that drives the runway’s length. They compared the design aircraft with the
recommend runway length. The recommended runway length doesn’t fit in the existing airport.
They then started to look for different ways to extend the runway. They looked at extending the
35 North 1st East
Rexburg, ID 83440
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City Council Minutes
June 27, 2018
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airport to the north; however, there is a river and it would become an environmental fight to have
the runway over the river. They also looked at extending the runway to the south; however, they
would have to relocate the homes, church and reroute Main Street. The alternative is to move the
airport to a new location. They meet with the Airport Board to determine the criteria for the new
location of the airport. Some of the major criteria included: drive time, flat ground and large
amounts of contiguous land. The sites they looked at to the north and south of Rexburg had been
studied before. They also reviewed the cost such as, high cost farm ground or 15 miles out to the
lava rock land. He said with approval of City Council, they were able to master plan the new location
for the airport in the lava rock land. The drawings of the new airport are available online.
Mr. Patton continued to explain one of the items that make the relocation of airport work is that
the FAA has existing funds invested in the current airport. Those funds have to be used on a
replacement airport no matter where it is built. The funds can only be used for the airport and not
for anything else. The recovery funds really help fund the airport in the future. In the master plan
they looked at what an unconstrained airport would look like. The Airport would require a large
runway to accommodate larger aircrafts. The location that was decided on for the relocation of the
airport will work best with the currents needs. He said they received letters of support from
different businesses and the university regarding aircrafts they would like to fly in if they could; right
now they are using airports in other cities that accommodate larger aircrafts.
Mr. Patton mentioned Madison County has been supportive in the Airport Master Plan meetings.
He said if City Council decides to approve the Airport Master Plan the FAA will than accept the
plan. The plan then becomes the city’s long term plan.
Council President Smith asked if the environmental study will begin when the FAA accepts the
plan or if it is part of the Master Plan. Mr. Patton replied the next step is to do a feasibility study to
determine if the sites that were selected as alternatives can all be built upon. The question they hope
to answer is; is it really feasible to construct an airport on lava ground? They will complete an
engineer studies to determine if they can built on the lava ground. The feasibility study has a
summary of the recovery funds and where the fund will come from to relocate the airport. The FAA
will require a full financial plan before they accept the city’s Master Plan.
Mr. Patton explained another important item of the feasibility study is a release. At some point the
FAA will require a resolution from the city stating that they will close the old airport and move to
the new airport. When the resolution is complete they will authorize a release of the city’s federal
obligations from the current site. The resolution will become a formal transfer of those obligations
such as; providing a safe airport at the new airport location. Once the feasibility study is approved
the new airport will receive a new location identifier number. When the new number is assigned and
put into the system funds through grants, the environmental assessment and all future grants can
start to be programed for the new site. The first project that will be needed at the new airport is the
environmental assessment. They will need to follow all of the National Environmental Policy Act
(NEPA) rules and regulations. After, the NEPA is completed they will need to have a Finding of
Most Significant Impact before any land acquisition.
Mr. Patton mentioned there is a federal statute that allows federal ground such as BLM land to be
transferred for aviation use at market value cost of what the land is worth. The cost of BLM land is
reasonable at the new airport site; however, construction cost could be more. He said the best
scenario for the new airport to start taking shape is the better part of 10 to 12 years until then it’s
important to keep the current one safe.
Council Member Busby asked if the federal funding is still at 90/10 and if Mr. Patton foresees any
changes to the 90/10. Mr. Patton replied under the current legislation the answer is yes. The current
administration is actually putting more money into the account with less FAA obligations attached.
This means 90% federal funds going into the project. When he refers to federal money he isn’t
referring to1040 tax money. He is referring to tax money collected from equipment purchase for
airplanes and fuel. The money is deposited into a trust. The FAA administers the funds in the trust
and brings it back out to community airports. The vast majority of the tax money is collected from
airplane ticket tax.
Council Member Busby asked about the wind frequency study and if the study has been
completed. Mr. Patton said he has received the last official records of the wind study. There were
several wind sensors installed throughout the surrounding areas by the Forest Service and they were
able to tag on to their project for the study. The wind study is important to know the wind coverage
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also pilots prefer to take off and land into the wind with as much air going over the wings as
possible.
Rodger Sorensen, Chairman of the Aeronautics Advisory Board said one of the challenges with the
new airport location is moving the infrastructure to that location. There will also need to be a
community effort to incentivize a Fixed Base Operator to move out to the new airport. He said it’s
going to take creative effort to get the hangers moved out to the new airport and to have a FBO.
Mr. Patton said the cost estimates are in the Master Plan, they are broken out between the FAA
money and the recovery funds. The cost for a Fixed Base Operator Building and hangers are also
shown in the Master Plan. They planned for about 100 airplane hangars. In the FAA’s point of view
this is not a new airport it is a replacement airport to address some of the safety issues at the current
airport.
Council Member Wolfe asked if the new airport would require accessibility for Instrument
Landing Systems (ILS) approaches or is it just for non-precision approaches. Mr. Patton replied
currently they are planning for non-precision approach. The FAA is no longer supporting ILS’s.
Chip Kemper, member of the State Aeronautics Board explained Rexburg’s airport is considered a
non-primary airport meaning the matching of funds is the board member’s number one priority.
The State Aeronautics Board tries to get at least a 2.5% match; however, they try their very best to
get non primary airports the full 5% match. There isn’t a guaranty that they will be able to get the
city the full 5%.
Council Member Wolfe moved to approve the Rexburg- Madison County Airport- Master Plan;
Council Member Busby 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 Member Busby
Council Member Walker
Council President Smith
The motion carried
Council Member Busby moved to approve to amend the agenda to consider a Construction Bid
on University Street and to consider approving a Firework Stand; 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 Member Busby
Council Member Walker
Council President Smith
The motion carried
Committee Liaison Assignments for 2018:
A. Council Member Mann: Golf Board · Emergency Services Board · Development Workshop
Council Member Mann reported the Golf Board met; however, he was unable to attend the
meeting. He met with Finance Officer Nielson who has been doing a lot of the oversight with the
transition of the Golf Course Management Contract. He expressed his appreciation for the oversight
work Finance Officer Nielson has accomplished. The Emergency Services Board did not meet;
however, he met with Fire Chief Child and he mentioned that this is going to the last year for the 4th
of July Breakfast at the Archer Fire Station. The breakfast will be moved to Center Street in front of
the Fire Station next year. The Development Workshop did not meet.
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Council Member Mann mentioned the 4th of July Parade is on Main Street; it will start at 10:00
A.M.
B. Council Member Busby: · Airport Board · Traffic & Safety · GIS Oversight
Council Member Busby reported there is a location on the city’s website where city residents can
report pot holes, street light outages, etc. He asked Lisa Smith with the Rexburg Standard Journal to
advertise the webpage in the newspaper so that residents are aware of the page to report any issues
the city may not be aware of.
C. Council Member Walker: MYAB· Parks & Recreation · Trails of Madison County
Council Member Walker reported the Mayor Youth Advisory Board will not meet again until
September. Mayor Merrill mentioned four of the Mayor’s Youth Members attend the AIC
Conference in Boise. The Parks Committee and the Trails Committee both meet and are moving
forward.
D. Council President Smith: Legacy Flight Museum · Beautification Committee · M.E.P.I.
Council President Smith reported the Legacy Flight Museum held their Airshow. The show was a
success with many people in attendance. The Beautification Committee has not met. M.E.P.I. will
not meet again for a while; they are going through a reorganization phase within their committee.
E. Council Member Flora: School Board · Rexburg Arts Council/ Museum of Rexburg
Council Member Flora reported she was unable to attend the School Board meeting; however,
they are currently working on extending their levy. The Art’s Council is no longer under the city’s
direction. She is still a member of that committee and attends their meetings. They too have their
own nonprofit 501C3. The Arts Council is working on the Veterans Day Celebration for November.
She said the committee is very small and self-funded. The City’s Cultural Art Department is
working on the Story Telling Festival. They have combined the festival with the Madison County
Fair. They have seven story tellers coming and six of them are national renowned story tellers.
Council Member Flora reported the chairs at the Romance Theater are being reupholstered and
they should be completely finished the first week of August. The Tabernacle is holding their
Summer Concert Series every Wednesday night at 7:00 p.m.…Sometimes, the concerts are held at
the Beehive Pavilion in Porter Park.
Council Member Flora was excited to report on the Park Street Park. The equipment has been
delivered and unloaded at the park. They have volunteers scheduled this Friday to dig holes and to
put the park equipment together. On Saturday the cement truck will be pouring the cement for the
post. Then on July 7th they will attach the playground equipment on to the cement. The bark will
also be spread around the equipment. A ribbon cutting will held on July 7th for the volunteers and
neighborhood with a grand opening of the park on July 12th.
Discussion regarding the location of the fence that will be installed at Park Street Park.
Council Member Flora reported they hired a professional park equipment installer to give them
direction on how to properly install the playground equipment. She said the sponsors have been
very supportive as well.
F. Council Member Wolfe: Planning & Zoning · Urban Renewal Agency · Police
Council Member Wolfe reported Planning and Zoning met. Urban Renewal Agency has not met
since their last meeting. The Police Department is doing well.
Staff Reports:
A. Finance – Matt Nielson
1. Review Monthly Financial Reports.
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Finance Officer Nielson reviewed the Budget Summary Reports. The city is 67% into the fiscal year. The
city has spent 35% of its total budgeted expenses.
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Finance Officer Nielson reported the city is investing about 25.4 million dollars. The interest rates
continue to increase. In the Diversified Bond Fund the city is investing 7.5 million dollars and it’s receiving
about 2.86% in returns. In the State Local Government Investment Pool the city is receiving about 1.8% in
returns which equals next day money.
Council Member Busby asked if the interest being received in these investments can be withdrawn to use
for street repairs. Finance Officer Nielson said the City Account Funds that are investing can withdraw the
interest gained and use the funds. Council Member Busby said he would be in favor of withdrawing some of
the interest gained to repair some of the city streets.
Discussion regarding the streets needing repaired.
Mayor Merrill mentioned a letter was received from the Department of Environmental Quality regarding
the great efforts by City Employee Ivan Harper in testing the city’s drinking water.
Finance Officer Nielson said the streets can be funded by the general fund. In the future the city hopes
that the franchise fees received by Rocky Mountain Power will go into the Street Fund for street repairs.
Council Member Flora questioned the cost of having a Street Bond on a ballot. Council Member Busby
asked if a study could be done to see how the residents would respond to a Street Bond. Council Member
Flora said a Recreation District should also be on the bond.
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Council President Smith asked if there are other cities that have passed a Street Bond for street repairs.
Finance Officer Nielson said he believes there may be some cities that have passed a street bond. He said
the city tried to pass a street bond about 10 years ago; however, the bond failed.
Finance Officer Nielson reviewed the Treasurer’s Expenditures Report by Fund. The Golf Construction
Fund has increased due to the purchase of the golf carts. This is adding about $230,000.00 of debt to the
fund. The debt will be paid back by the city and county. The Park Fund has about 1.3 million dollars in
savings currently; however, the city will be using about $800,000.00 for the baseball quad.
Finance Officer Nielson said in the budget meetings with the Police Department. They brought up using
some of the Revolving Loan Fund money to do a façade update to the Police Station. The city will fund the
façade update instead of loaning the funds. There is about $457,000.00 available in that fund.
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2. Review Utility Rate Increases and set a Public Hearing for July 18th.
Finance Officer Nielson reviewed the Utility Rate Increases and the reasons for the increases. One of the
major items that needs to be discussed with Sugar City and Teton is the new sewer line. The sewer line will
be built and extend to the North West quadrant of Rexburg.
Council Member Busby question the capacity of the Wastewater Treatment Plant. Public Works Director
Davidson replied, the capacity is 5.4 million gallons. Council Member Busby said he fears the Wastewater
Treatment Plant will be to capacity soon.
Discussion regarding Basic American Foods possibly connecting to city sewer and the capacity of the
treatment plant.
Council Member Busby asked if Sugar City would be the bulk user of the new sewer line. Finance Officer
Nielson replied, not nessaraly it would be a mix of new development in Rexburg and some in Sugar City.
Sugar City plans to fund their portion of the sewer line with a claw back fee; meaning the city would prepay
for the line and Sugar City would payback their protion through capacity and connection fees into the
reserve fund.
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Finance Officer Nielson reviewed the Water Increases and no rate change for garbage pick-up.
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Council Member Flora questioned the cost for the recycling program. Finance Officer Nielson said the
city pays about $190,000.00 dollars per year.
Discussion regarding the feasability of the city’s recycling program.
Council Member Walker indicated he and Public Works Director Davidson attend a recycling program
meeting at the AIC Conference. The cities that offer a recycling program are having the same issue
regarding the cost of the program. One of the main reasons the recyling program isn’t feasable is because
China has stopped taking the recycled plastic.
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Council Member Busby moved to approve to set a Public Hearing on July 18th for the Proposed
Fee Increases for Water and Sewer; Council Member Wolfe seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
3. Disposal of Police Department Command Vehicle
Chief Finance Officer Nielson reviewed the disposal of the Police Department’s Command Vehicle.
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Council Member Busby moved to approve the Disposal of the Police Department Command
Vehicle; Council Member Walker seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Police Chief Turman explained the Police Department has discussed updating the façade of the
Police Station. He showed a couple of façade rendition ideas they have been working on. Council
Member Busby asked Chief Turman to obtain bids to see what the cost would be to update the
Police Station.
Council President Smith mentioned the discussion of the downtown revitalization and the future
plans of combining government offices. By being able to redevelop some of these properties and
putting them back on the tax rolls. She said she thought the Police Station was one of those
properties. She expressed her concerns with spending a lot of funds to update the Police Station.
Discussion regarding the Police Station façade ideas.
B. Public Works and Engineering: - Keith Davidson
1. Slurry Seal Project at the Henderson Subdivision Bids
Public Works Director Davidson reviewed the Slurry Seal Project for the Henderson Subdivision.
Council President Smith asked Public Works Director Davidson to explain how the developer is
involved in the slurry seal project. Public Works Director Davidson explained there is a
development agreement with the subdivision’s developer that they pay for the slurry seal project. He
said the city has this type of agreement with most subdivision developers.
Council Member Flora moved to approve the low bid for the Slurry Seal Project at the Henderson
Subdivision to American Pavement Preservation, LLC; Council Member Busby seconded the
motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
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Council Member Flora moved to approve the low bid for the Asphalt for the Henderson
Subdivision to DePatco Construction; Council Member Busby seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
2. ITD Grant Acceptance for Railroad Crossing on Moody Highway.
Public Works Director Davidson reviewed a map of the Railroad Crossing on the Moody
Highway. The Idaho Transportation Department has given the city a $500,000.00 dollar grant for
the railroad crossing. The grant will not cover any of the street work on either side of the railroad
crossing. He explained the city will be doing a full build out of the street to make sure the railroad
signal and arms are installed in the correct location. The street will be a five lane configuration.
Public Works Director Davidson said the Urban Renewal Agency will fund a section of the street
build out for the railroad crossing. There will also be discussion with the county about the costs for
the section of the street that is on the county’s side. Council Member Wolfe asked when the work
on the railroad crossing will begin. Public Works Director Davidson said in October of 2019 or it
could be rolled out to 2020.
Council Member Flora moved to approve to accept the Idaho Transportation Department Grant
for the Railroad Crossing on the Moody Highway; Council President Smith seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
3. Sewer Line Project on 3rd West Bids.
Public Works Director Davidson explained with development taking place on 3rd West and with
the current sewer line only being eight inches a new 12 inch sewer line is needed to meet the
capacity needs of the new development taking place. This project will be funded by the development
through a proportionate share. The city will front the cost of the new line and then be paid back
through the proportionate sharing. The city will also pay a small portion of the new sewer line to fix
some issues with the line.
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Council Member Walker asked how long it will take for the city to be paid back. Public Works
Director Davidson replied it depends on how long it takes to develop; it could take up to ten years.
Council Member Wolfe moved to approve the low bid from Knife River Construction for the
Sewer Line Project on 3rd West; Council Member Walker seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
4. University Street Construction Bid.
Public Works Director Davidson reviewed the location of the street repairs that will include
sidewalk curb and gutter, and the widening of the road to provide connectivity from 12th West to
Yellowstone Highway. The bid also includes an extension of the sewer line to prepare for future
development. The repairs are near the newly annexed property.
Council Member Busby asked if the street repairs are only on the north side of the street. Public
Works Director Davidson said yes it is only the north side of the road. There will be another bid
request to upgrade the crosswalk by installing a push signal at the crosswalk.
Council Member Walker moved to approve the low bid from DePatco for the University Street
Construction; Council Member Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Mayor Merrill asked for an update on the street projects being worked on this summer. Public
Works Director Davidson reviewed the street projects scheduled for this summer. One of them is
installing sidewalks on 2nd East from the railroad crossing to One Stationary Road. They have several
CRAB’s projects. On 2nd East from 3rd South to 7th South will be a CRAB’s project.
Council Member Flora asked about 7th South. Public Works Director Davidson replied there was
damage to the asphalt during the flooding. They are going to repave the street and replace the man
hole with two man holes at a 45 degress to have a better low characteristic and they are also looking
at slanted rings and covers for the man holes.
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Discussion regarding other city street projects.
Mayor’s Report:
Mayor Merrill reported on the Rexburg on the Green Event on July 2nd from four o’clock until ten
o’clock. The Event will be on Center Street and County Singer Kenny King will be preforming. He
said no street repair funds will be used for this event. There are sponsors covering the cost and they
have buyer interested in purchasing the sod after the event.
Council Member Busby asked if all of the fire structures are working on Center Street. Mayor
Merrill said two of structures are working correctly; however, the third on has issues with the gas
flow.
Mayor Merrill reported on the Twilight’s Last Gleaming Light Show at the Nature Park Pond on
July 6th and 7th from 9:45 P.M. to 10:40 P.M…
Public Hearings:
A. 7:00 P.M. Ordinance No. 1193 Annexation at approximately 793 Barney Dairy Rd - (18-00207)
– Proposed zoning is Open Space Zone, Medium Density Residential 1 (MDR1), Low Density
Residential 3 (LDR3), and Low Density Residential 1(LDR1) – Johnny Watson
Mayor Merrill opened the public hearing.
Johnny Watson presented on the Annexation at approximately 793 Barney Dairy Road. The
property is approximately 91 acres. A map of the property was viewed on the overhead screen. He
reviewed the property and surrounding area. Most of the property is open space that is currently
being farmed. The property is contiguous with the current city boundary making the property
eligible for annexation. The current zone of the property is Trans Agriculture. The surrounding
properties consist of mainly Low Density Residential Zoning with some Commercial.
Johnny Watson said in the proposal for the rezone their requests are: as they transition from the
commercial area to the residential areas, they plan to start with increased density and reduce the
density of the zoning as development moves east towards the county parcels. They had to create a
legal description to have the public hearing for the annexation advertised in the newspaper;
however, in the future when development starts the developer many request an increase or decrease
of the zones being requested. To the east of the property there is the potential for the future East
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Parkway Corridor to go through the property. The Northside of the property near the canal is
currently in the Flood Plane. This section of the property would better serve as open space with a
bike path.
Johnny Watson said the section of the property they are requesting to be Medium Density
Residential One will mainly be townhouses and possibly four plexes and smaller lots with twin
homes. These types of homes fit in better with the neighboring properties. There will be
approximately 67 buildable acres.
Council Member Flora said she is excited about the annexation because there is a shortage of Low
Density Residential One Zone in the city; however, she questioned if the developer may prefer to
have more Medium Density Residential. Mr. Watson replied, when working with city staff they
determined a ratio of the percentage for each zone being requested. The next step would be a plat
approval. The Developer would need City Council approval for the percentages of the zones to
change. They can go with a lower density than the zone being requested; however, City Council
approval is needed to change the zone to higher density.
Council Member Smith asked about the properties on North Hill Road that are still in the county.
She asked about their plan for the infrastructure needed for development. Mr. Watson explained
currently along Barney Dairy Road there is a water and sewer line; however, there isn’t enough
infrastructure to service the whole development. Public Works Director Davidson said some of the
properties that are in the county have city services.
Mayor Merrill clarified the notifications that were sent out for this public hearing didn’t meet the
time frame need for notification. A City Council decision will not be made at this public hearing.
The second public hearing for the aannexation at approximately 793 Barney Dairy Rd. with the
proposed zoning of Open Space Zone, Medium Density Residential 1 (MDR1), Low Density
Residential 3 (LDR3), and Low Density Residential 1(LDR1) is scheduled for July 11th at 6:45
p.m.…
Written correspondence: - NONE
Public Testimony in favor of the proposal (5 minute limit): NONE
Public Testimony neutral to the proposal (5 minute limit):
Nick Allison said at this point in time he is neutral to the proposal; however, he has some concerns
with the higher density zone and the open space and how it will impact the surrounding areas with
possible noise and added traffic. The developer hasn’t indicated what will go in the open space. He
is concerned with light pollution such as a baseball diamond with 30 feet lights going into the open
space.
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Mayor Merrill said he understands Mr. Allison’s concerns. He suggested to Mr. Allison to do some
research in the City’s Development Code to see what the code allows in Open Space.
Public Testimony opposed to the proposal (5 minute limit): NONE
Items for Consideration:
A. Conditional Use Permits for 148 S 2nd E (18-00163) and 166 S 2nd E (18-00206) - Dormitory
in a MDR1 zone – Devin Durrant
City Planner Craig Rindlisbacher presented on the Conditional Use Permits for 148 S 2nd E and
166 S 2nd E. The applicant requested a Conditional Use Permit to allow Dormitory Housing in a
Medium Density Residential Zone. He reviewed a map of the property on the overhead screen. The
Planning and Zoning Commission has recommended approval of the Conditional Use Permits with
the City Staff recommendations minus the buffering requirements because it was determined that
the neighboring parcels are owned by the same person.
City Planner Craig Rindlisbacher reviewed the City Staff’s recommendations. They also requested
a Sunset Clause of three years.
Council Member Mann questioned the reason not to change that whole section of the block to
Dormitory Housing instead of only the two parcels.
Public Works Director Davidson replied to Council Member Mann’s question. One of the
reasons why he doesn’t believe changing the whole section of the block to Dormitory Housing is the
added traffic it will create to an already congested 2nd East Street. The other reason is that it is
unsafe to back onto 2nd East with the existing traffic.
Council Member Flora questioned if future development is high density how then will the added
traffic be handled. Public Works Director Davidson explained with a higher density development
one of the items they would look at is lowering the number of access on to 2nd East. For example,
instead of having six different drive ways entering and exiting 2nd East there would only be one
entrance and one exit.
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Council President Smith moved to approve the Conditional Use Permit for 148 S 2nd E and 166 S
2nd E with a sunset clause of three years and with the City Staff recommendations as discussed;
Council Member Walker 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 Member Busby
Council Member Walker
Council President Smith
The motion carried
Council Member Mann asked to be excused and left the meeting.
B. Ordinance No. 1189 (18-00209) to Rezone at approximately Culdesac Block (18-00209)
from Low Density Residential Two to Low Density Residential Three and one parcel to Medium
Density Residential Two – Craig Rindlisbacher
City Planner Rindlisbacher reviewed the map of the property on the overhead screen all of the
parcels except for the one parcel are requesting to be changed to Low Density Residential Three and
the bottom left parcel be changed to Medium Density Residential Two.
City Planner Rindlisbacher said the rezone is being precipitate by some of the owners requesting
to do some improvements because most of the lots are non-conforming with the current zone. By
changing the zone they will conform and be able to make the improvements without a Conditional
Use Permit.
Council Member Wolfe moved to approve the Rezone at Culdesac Block to Low Density
Residential Three (LDR3) and one parcel to Medium Density Residential Two (MDR2); Council
Member Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
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C. Ordinance No. 1190 (18-00210) to Rezone at approximately University Blvd. and 258 S 2nd W
rezoning the eight parcels in the General Business District Zone (GBD) to Community Business
Center (CBC)– Craig Rindlisbacher
City Planner Rindlisbacher said this rezone was a recommendation from the Task Force
Committee from about a year ago. There will be a future request to take the verbiage from the
General Business District Zone and add that verbiage to the Community Business Center Zone. The
Development Code will be updated to show only one business zone. There isn’t a lot of difference
between the two zones.
Council President Smith moved to approve the Rezone of eight parcels at University Boulevard
and 258 S. 2nd W. to Community Business Center (CBC); Council Member Flora seconded the
motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
D. Ordinance 1188 Development Code Ordinance Amendments (Ordinance No. 1115):
(Planning and Zoning Commission recommended changes to the Development Code as
itemized in the Working Copy of the Development Code.)
City Planner Rindlisbacher summarized the changes to the City’s Development Code. He said the
changes are as follows.
PROPOSED AMENDMENTS TO THE DEVELOPMENT CODE
OVERALL CHANGES IN WORDING
Changing Rexburg Engineering Standards to City Engineering Standards
CHAPTER 2: DEFINITION
Addition of City Engineering Standards
CHAPTER 3: ZONING DISTRICTS
Section 3.18.020 – Community Business Center (CBC) Permitted Principle Uses - Addition of
Antiques; Auto Glass Repair; Automobile Sales (New & Used); Automobile Motor Clinics; Commercial Printing
(only retail sales of printed products); Dwelling and building services (not dwelling units); Liquor Store; Motorcycles,
Motor Scooters, Parts; Professional Services; Social ,Fraternal, and Youth Organizations and Services; Thrift Store
and General Second-Hand Merchandise (Indoor display & storage only); Wedding Chapels and Reception Centers.
Conditional Uses – Ambulance Service; Animal Grooming; Animal Hospital Services; Bottled Gas;
Manufacture and Installation of Automobile Seat Covers and Auto Tops; Residential Facility for Elderly Persons;
Service Stations. Remove Single family dwelling.
Section 3.18.080 Yard Requirements – Front yards established before this zone may be equal to the average of
existing front yards along the block face on which a building or structure is to be located. Accessory buildings on the
side yard must provide for the discharge of all roof drainage onto the lot or parcel on which it is erected. When a rear
yard is adjacent to a residential zone or use, the rear yard setback shall match the setback requirement of the adjacent
residential zone.
Section 3.18.150 Other Requirements – If remodeling in existing CBC zones and building is enlarged,
landscaping requirements shall not fully apply if they conflict with parking requirements, are incompatible with design of
existing building, or impair ingress or egress to existing building or parking areas.
CHAPTER 3 & 4: SETBACKS AND RIGHT-OF-WAY EXCEPTIONS
Additional Exceptions: Sidewalk placement at location indicated in the current City Engineering Standards
CHAPTER 4: SUPPLEMENTARY REGULATIONS
Section 4.15 Infill/Redevelopment Standard – Remove portions titled Weighting and Project Scoring in their entirety.
CHAPTER 12: SUBDIVISION CODE
Section 2.3 Preliminary Plat - Clarification of Existing Conditions Data to include easements, and Water Rights and
Shares. A traffic study may be required by the City Engineer for any development that has a potential to significantly impact
traffic flow.
Section 3.2, 3.3, 3.6, 4.2, - Regarding Design Standards for Street right-of ways, lanes, curb, gutter and sidewalks, access
conditions, and paving, Utility Location, Storm Sewer, and Required Improvements; the inclusion or change of such standards
and requirements to meet Current Engineering Standards or requirements of the City Engineer and in cases regarding water and
waste water systems D.E.Q. standards also be met.
Section 3.2 - 1 a. New streets to conform to transportation system master planning whenever applicable. 4 a. Dead-end
streets serving more than the equivalent of four residential lots shall provide by easement a temporary turning circle with a forty-
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five foot radius or other acceptable design to accomplish adequate access. 5 a. Loop streets lengths are measured along the
centerline from centerline intersection to centerline intersection or upon the approval of the City Engineer. Standards for Major
Arterial Street intersections shall not be less than specified by the IDAPA 39.03.42.
Section 3.3 - 5. Location requirements of installed wastewater, water, and gas mains pertaining to city streets have been
replaced with as per City Engineering Standards. Electric lines are to be placed underground in the easement. Onsite storm
retention for the parcel may not use the right of way for storage or conveyance to another portion of the parcel.
Section 3.4 & 3.5 – Water and wastewater system design and installation must be done in accordance to the Idaho
Department of Environmental Quality (DEQ) and adopted current engineering standards. The Sub-divider is responsible for
submitting the designs to the DEQ for approval. A copy of the DEQ final design approval shall be submitted to the City
Engineer by the Sub-divider. Water system design standards 3.4.4 to the end of section 3.4 have been removed. 3.5.3 to the end
of section 3.5 have been removed.
Section 3.6 – All storm water system design is to be done by an Idaho registered engineer. Requirement from run off
coefficients and storm event values to the end of section 3.6 have been removed. Street light installation requirements are removed
and replaced by per City Engineering Standards. Keep “No other foreign systems…”
Council Member Flora moved to approve Ordinance No. 1188 Development Code Amendments
as discussed; Council Member Walker seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
E. Ordinance No. 1191(18-00223) to Rezone SW Corner of Block 6 and 241 Steiner Avenue
from Medium Density Residential 1 (MDR1) to High Density Residential 1 (HDR1).
City Planner Rindlisbacher reviewed a map of the property on the overhead screen. There were
some residents that spoke in opposition of the rezone at the Planning and Zoning Meeting. The
residents opposing the rezone indicated at the meeting that if the rezone was approved; they would
prefer the entire block be rezoned to High Density Residential One. The Planning and Zoning
Commissioners recommended approval of the rezone and that the city moves forward with a block
wide zone change with the exception of the Light Industrial Zone in the SW Corner of the block.
City Planner Rindlisbacher said City Council’s motion for tonight would only include the parcels
he described. A city sponsored zone change would need to be requested to rezone the rest of the
parcels excluding the Light Industrial Zone.
Council Member Busby said he does not favor spot zoning and will be in favor of rezoning the
remainder of the parcels requesting the High Density Residential One Zone.
Council Member Flora asked if the city would be able to sponsor the cost associated with rezoning
the remainder of the properties. City Planner Rindlisbacher replied yes with the direction of City
Council the city may sponsor the cost to rezone.
Council Member Wolfe moved to approve the Rezone at the SW Corner of Block 6 and 241
Steiner Avenue to High Density Residential 1 (HDR1) and instruct staff to move forward with the
rezone application of the remaining parcels requesting the zone change as discussed; Council
Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
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F. Ordinance No. 1192 (18-00291) to Rezone West Half of Block 7 of the South end Addition
to Rexburg from Medium Density Residential 1 (MDR1) and High Density Residential 1
(HDR1) to High Density Residential 2 (HDR2).
City Planner Rindlisbacher reviewed a map of the property on the overhead screen. The original
request was for mixed use; however, city staff encouraged the applicant to go a different direction.
The applicant agreed with city staff’s recommendation to do a residential project. Some of the
challenges the applicant faced were with the setbacks. The setbacks will not allow the applicant to do
the project they would prefer to develop. The applicant will need to follow a two-step process in
order to accomplish their project. The first is City Council’s approval of the rezone. The second will
be to propose a reduction of the setbacks in the Infill Redevelopment Area.
City Planner Rindlisbacher indicated the reason for city staff’s recommendation to rezone to High
Density Residential Two was to maximize the opportunity to redevelop the area because it is so
close to campus.
Discussion regarding the Mixed Use Zone.
Council Member Flora moved to approve to suspend the rules of Ordinance No. 1192 to Rezone
West Half of Block 7 of the South end Addition to Rexburg to High Density Residential 2 (HDR2);
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 Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Council Member Walker moved to approve Ordinance No. 1192 to Rezone the West Half of
Block 7 of the South end Addition of Rexburg and consider it third read; Council Member Flora
seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
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. Second Reading: Those items which have been first read: NONE
C. Third Reading: Those items which have been second read: NONE
D. Tabled Items: Those items which have been the subject of an affirmative vote to a motion to
table: NONE
Mayor’s Business:
Mayor Merrill encouraged everyone to attend the Summerfest Events and 4th of July Events. He
will be attending a Mayor’s Economic Conference in Kansas City on July 11th and not be able to
attend that City Council Meeting.
Council Member Busby said he too will not be able to attend the July 11th City Council Meeting.
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Council Member Busby moved to approve MKN Enterprises Fireworks Stand; Council President
Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Consent Calendar: The consent calendar includes items which require formal City Council
action, however they are typically routine or not of great controversy. Individual Council members
may ask that any specific item be removed from the consent calendar for discussion in greater detail.
Explanatory information is included in the City Council’s agenda packet regarding these items.
A. Minutes from June 6th, 2018 meeting
B. Approve the City of Rexburg Bills
Council Member Walker 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
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Adjournment 9:27 P.M.
APPROVED:
____________________________
Jerry Merrill, Mayor
Attest:
____________________________________
Marianna Gonzalez, Deputy City Clerk