HomeMy WebLinkAboutCITY COUNCIL MEETING - 08-00137 - Larch Drive - Pine Brook Estates PH2 - Preliminary PlatThose neutral: None
Those opposed: None
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Council Member Young asked if it was a formal written request from the University or was it a City
request. Richard Smith said the University did make a formal written request last spring.
Council Member Stevens said in the spirit of cooperation, moved to vacate East Viking Drive, West
Viking Drive and the portion of 4th South to the University the property as presented. Council Member
Benfield seconded the motion. All voted aye, none opposed. The motion carried.
C. 7:40 P.M. Annexation of properties approximately 93.105 acres of land north of
Teton Lakes Golf Course at approximately 1150 North on 12th West on the east side of
the 12th West — Curtis Ferney
Brad Harker representing Curtis Ferney (developer) reviewed the proposal on the overhead screen. They
are proposing to zone the property RR2 which is a change from the original proposal which was to zone this
area LDR1. The portion to be zoned RR2 instead of LDR1 is against Hwy 20. The areas already zoned
RR1 will remain RR1, no zone change is being requested for these RR1 areas. They are trying to work with
the neighbors and the city to make it a nice development. An existing subdivision on the property will
remain zoned RRL They would like to sell these as city lots. The developer would run city water and sewer
lines to the development. A park is proposed at the southeast corner to tie the golf course into the
subdivision.
Mayor Larsen recorded for the record some letters opposed to LDR1 zoning. The letters stated they are
fine with RR2 zoning.
Mayor Larsen opened the public hearing.
Those in favor:
Ted Hendricks 941 Larch Drive said with the zoning changed from LDR1 to RR2, he is in favor of the
annexation proposal.
Joan Avenuis 1003 Larch Drive read a statement that the change of zone to RR2 was acceptable per a prior
agreement with Curtis Ferney. She is in favor of the annexation. She thanked the city for doing careful
planning and said Rexburg is a wonderful place to live.
Dan Hanna 850 East 7th North who serves on the Planning and Zoning Committee wanted to defend the
motion he made in the Planning and Zoning Meeting to approve this annexation. There were three reasons
the Planning Commission voted in favor of this proposal: 1) Legal council advises that the owner has a legal
right to ask for annexation. 2) The developer would extend city utilities into this area, which would make it
more cost effective to further extend services in the future as Rexburg expands. 3) In light of the reports of
nitrates in ground water increasing in the area, he feels it very necessary to provide city water when possible.
Council Member Erickson asked about the motion that was made in the Planning and Zoning meeting.
Mr. Hanna recommended approval with condition that it is zoned RR2 instead of LDR1; this was agreeable
to others as well. Council Member Erickson asked about the water rights. Mr. Hanna said it was intended by
the commission to have the water rights transferred to the city.
add additional costs. Rather than have current tax payers shoulder these additional costs, they asked if a
school development fee could be levied on those developing the project or an area of land be set aside
where a school could be built would be of great support to the school district. He thanked the City Council
for making these hard decisions.
Mr. Busby spoke as the Principle of Hibbard Elementary. He said Hibbard Elementary is at capacity.
There are 230 students right now. The area is growing with 58 to 65 families coming soon which will be
affecting Hibbard Elementary. There is a modular class room at Hibbard Elementary right now and they
don't want to make it a mobile school because they can't keep up with the growth. He said anything the City
Council can do would be greatly appreciated.
Mike Ricks 901 South 5`" West, is on the Planning and Zoning Committee voted nay to this proposal in the
Planning and Zoning Meeting. He explained he voted nay because of the water rights issue. Mr. Smith
indicated water rights were not going to be transferred. Mr. Ricks said water rights are very important.
Those opposed:
Michael Taylor 2180 Robison Drive is opposed to the development. He feels the community is being
defined in a very odd way. This proposal is not near Rexburg or any other Rexburg development except for
the golf course. He feels community is being defined as city sewer and water. He understands a right to ask
for annexation is acceptable, but this doesn't mean the city has to approve the proposal. They have a sense
of community in Hibbard. He feels this request is making the area a part of Rexburg without providing for
connectivity. The proposal does not have any connectivity to Rexburg. He mentioned the existing barriers
of Hwy 20 and the Teton River. He feels Rexburg is big enough already. Rexburg can accommodate all the
proposed growth by infilling Rexburg. He wants the Hibbard community to stay the Hibbard community.
Maria Nate 2139 Ferris Lane, referred to the Comprehensive Plan which encourages compact growth. She
feels this development is developer driven, not driven by planning. She did not feel it was the right time to
develop this property into the City of Rexburg. She did not feel this proposal fit the Comprehensive Plan.
The same developer owns property right across the street as well. This was originally part of the plan and
changed to proposal right before the Planning and Zoning meeting, so there was a lot of confusion of what
was actually being proposed. She was concerned with the traffic issues. Turning west onto Pioneer Road is
very dangerous. She doesn't feel there is infrastructure in place to handle this development. She is also
concerned for the farmers out in this area. She is opposed to the annexation.
Matthew Whoolery 2169 Ferris Lane, referred to community meetings that have been held in Hibbard
regarding this development. The Hibbard community was told one thing about the development, and then
went to the meeting where the proposal had completely changed. He was pleased with the community
involvement in Hibbard to discuss the growth issues in their community meetings. He does not feel this
land should be annexed. It doesn't fit in with the comprehensive plan. He wants to keep Hibbard, Hibbard.
He is opposed to the annexation.
Jerry Engstrom 1257 North 12th West, asked why there is such a sense Of urgency to develop this property.
He hasn't seen growth recently to merit such an urgency to develop in Hibbard. He wanted to have more
attention paid to the infrastructure, particularly roads and wetlands, in the area. He was concerned with the
density and what it would mean for open space and recreation areas for the residents. He also feels this is
developer driven. He is opposed to the annexation.
Ryan Dabell 3342 White Pine Street, has three issues he wants to address. Traffic is a concern. He
estimated about 500 extra trips from Hibbard to Rexburg just from this development. Other r1PVelnnrr,P„r-
does not think it would be cost effective to have the city finance the extension of city services to this area 1
'/z miles from the nearest area of the city. She does not see how this would be beneficial to the city to annex
this area. She was concerned with the additional traffic on North 12s' West due to the lack of funding. She
was concerned with the lack of open space in the proposed development. If this is annexed, she asked the
City Council to put a condition of an open space requirement into this particular subdivision.
Rebuttal:
Brad Harker addressed the school and safety issues. He said you have to take into consideration that
subdivisions aren't going to sell out overnight, so there will be rime for absorprion. They will grow with rhe
project. He mentioned the Comprehensive Plan shows growth on the west side of Rexburg and this project
fits well with this growth plan. Density decreases as you move away from the city. He addressed the
question of if this property should be annexed. He explained this property is going to be developed
regardless if it is annexed or not. The developer is willing to pay the cost to run the infrastructure of city
utilities to this area.
He explained open space is part of the subdivision. They feel open space is important. Saddle Creek Estates
has open space with two ponds. They are planning parks for the subdivision to tie into the golf course for a
buffer zone between the highway and the golf course. He said in terms of traffic growth, this was
considered when the golf course was developed. The LDS Church has chosen BYU-I in Rexburg for
expansion. People follow this type of growth. They have plans to do the development right. They will
cooperate to make it a subdivision desired by the community.
Mayor Larsen closed the public hearing.
Mayor Larsen explained under state code, cities do not have any jurisdiction over school impact fees.
Council Member Stevens said taxes are the only method for the schools to get additional revenue.
Council Member Mann said he has some conflicts because he feels neighborhoods should be able to
decide what they want, but he has some other values which are protecting Rexburg's water, infrastructure,
etc. It concerns him that this development would be done with septic systems. Septic tanks are not good
for water, etc.
Council Member Young asked for input on the water for the subdivision.
City Attorney Zollinger explained the city makes it a requirement that any land coming into Rexburg has to
come with water rights. He also explained the city does not provide water for sprinkling yards. This is a
situation best left to the Public Warks department.
Council Member Young asked about reports from the Health Department on ground water nitrate
contamination in this area.
County Commissioner Robison explained the nitrate problem comes from other sources besides septic
systems. DEQ is starting to have more control on developments near central sewer systems.
Public Works Director Millar reviewed future plans for. the expansion of city services. The current impact
area was approved by the county in 2003 or 2004. The city is looking for long term plans to provide service
to this area north and west of Rexburg by installing a new pressure main line. He reviewed existing water
and waste water lines that serve properties west and north of the city.
Zoning Commission felt that if the property was going to be developed, they wanted in to be developed as a
city project.
Brad Harker said there is an option to develop the project as a county project. He also said they are willing
to cooperate as much as possible with what residents want. He asked how much acreage is required for a
school. About 15 acres is needed for a school.
Council Member Stevens said a development containing 100 homes is required to make land available for
a park in Rexburg.
Council Member Erickson was concerned about the zoning from RR1 to RR2. He is also very concerned
with water rights coming with the property. He is not sure what the benefit this development would be for
the city. He knows this property is going to develop and he would like it to develop into the city, but this
might not be the right time. He doesn't think this should be voted on tonight by the City Council. He feels
it is development driven instead of planning driven.
Planning and Zoning Administrator Leikness referred to a Planned Unit Development as an option.
The PUD Ordinance would allow clustering in RR1 with open space. It is a tool allowed in RR1 and RR2.
Council Member Erickson said he is concerned that this developer doesn't really know what he wants.
He changed the proposal the afternoon before the Planning and Zoning meeting. He changed the zoning he
is requesting tonight. He suggested giving the developer a little time to decide what he really wants.
Council Member Mann asked for a vote tonight due to the coming changes in the City Council.
Mayor Larsen reviewed the impact area and the growth plans for the City of Rexburg. It is a challenge to
grow into an area that has existing wells and septic systems. County standards are different than city
standards.
Council Member Schwendiman reviewed the proposed zoning for the proposal. It would be zoned RR2.
The annexation and zoning would be approved tonight, by the development is not being approved tonight.
Council Member Benfield said she sees environmental challenges. However, a lot of positive things have
been said by the developer regarding open space, water and waste water. The plan would be developed and
approved through Planning and Zoning for the development of the property.
Council Member Erickson said he would vote aye if the City Council wants to annex the property tonight.
He wants eertalla conditions to bv, put on the anncxadon including open space, parks, water rights, etc. He
said there is an opportunity to do some good things with this property.
City Attorney Zollinger explained this is a land use decision tonight not a development decision.
Council Member Stevens commented development decisions are made in the development phase.
Mayor Larsen explained the city does receive benefits through impact fees for parks, streets, fire, police,
etc. Another benefit is having the developer pay for a good portion of infrastructure that will be needed in
this area.
Council Member Mann moved to approve the annexation as RR1 for Pine Brook Division 1 and RR2 for
the remaining land. He trusts Planning and Zoning to take care of the development questions. Council
Donna Benfield
Randy Schwendiman
The motion carried.
New Business:
Ratify Golf Board member — Dan Kettle
Mayor Larsen asked the City Council to ratify the name of Trent Chicos to the Golf Board. Mayor Larsen
explained Sherri Erickson has completed her term on the Golf Board. He explained this is city appointed,
and the next appointment will be county appointed.
Council Member Schwendiman moved to ratify Trent Chicos to the Golf Board. Council Member
Erickson seconded the motion. All voted aye, none opposed. The motion carried.
Staff Reports:
A. Public Works report on Projects: John Millar
Public Works Director John Millar informed the City Council on the corner of 2nd South and 2"d East of a
traffic study that was done in August 2007. They found from 7:45 a.m. to about 8:05 a.m., and again from
3:00 p.m. to about 5:00 p.m. the intersection is very busy. The study did not meet the warrants for a four-
way stop at this time. Sometime in the future this intersection will meet the warrants for a four-way stop.
Another study will be done in February 2008.
Public Works Director Millar asked the City Council to look at a list of projects and prioritize what
projects to do for 2008. The City Council asked the Public Works Department to look at:
• Pioneer Road
• 4' East
• Storm water outfall by Mother Hibbards and
• Storm water by the roundabout
Public Works Director John Millar will have numbers for these projects for the City Council to review at
the next meeting.
B. Financial Officer Report: Richard Horner
1) Monthly Budget summaries
Finance Officer Richard Horner passed out the final 2007 fiscal year report including two months in the
2008 Budget.
Council Member Erickson moved to accept the final 2007 fiscal year budget report. Council Member
Schwendiman seconded the motion. All voted aye, none opposed. The motion carried.
Calendared Bills and Tabled Items:
A. BILL Introductions: - NONE
B. First Reading: Those items which are being introduced for first reading.
1. BILL No. 995 International Building Code (IBC 2006) which includes the International
Residential Code (IRC); International Mechanical Code (IMC); International Fuel Gas Code
(IFGC); International Energy Conservation Code (IECC); Uniform Plumbing Code (UPC); and
the National Electric Code (NEC2008).
City Council Meeting
August 20, 2008
12 North Center blairk@rexburg.org Phone: 208.359.3020 x313
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Mayor Shawn Larsen
Council Members:
Christopher Mann — Council President
Rex Erickson Randy Sehwendiman
Bart Steven Richard woodland
Adam Stout
7:00 P.M. City Hall — Pledge to the Flag
�� pfxBCrRG
o CITY OF
REXBURG
America's Family Community
August 20, 2008
City Staff:
Stephen Zollinger— City Attorney
Richard Homer—Finance Officer
Job. Millar—Public Works Director
Val Christensen—
Building Official
Blair Kay — City Clerk
Roll Call of Council Members:
Present: Council Member Mann, Council Member Stevens, Council Member Sehwendiman, Council
Member Woodland, Council Member Stout and Mayor Larsen.
Excused: Council Member Erickson
Public Comment: on issues not scheduled on the agenda (limit 3 minutes) - None
Presentations:
Blake Hall at 455 South 2nd East and Casey Nugget from "Impact Promotions LLC" requested city
participation for the Madison Memorial Benefit Bash featuring singer, song writer Collin Raye. The
benefit event is for the hospital's new neonatal intensive care unit and it will be held Saturday,
September 27ffi, 2008 at community ball fields at Madison High School. The gates will open at 6:00
P.M. with $4.50 of each ticket going towards the neonatal intensive care unit. The second goal of
the event was to bring a family event to Rexburg for the community and BYU-I Students. They
requested the city to offer free banner space over the street by the county Court House. They asked
the city to waive any other fees associated with this event including police and ambulance
participation at the event to ensure the security of the attendees. They asked for some bleachers for
people unable to stand and traffic control support. The final request was to have a city electrician on
site for support.
Council Member Stout joined the meeting.
Council Member Stevens asked if BYU-I students were the targeted audience for the event. The
event is for the benefit of the entire community. The advertising will go from Rigby to Victor and
Driggs, Idaho. The event will be at the community ball fields. The stage will be brought in and
placed on the west side of the fence in the dirt area.
Council Member Sehwendiman reviewed some of the event criteria concerning revenue, etc.
A local band from Victor will open the event. They would like to get the banner up on Main Street
as soon as possible including information for the event on the Westwood Marque. The concert will
end before 10:00 P.M.
Council Member Mann asked if the city had a qualified electrician to donate services for the event.
The bleachers arc for the elderly, and those who can not stand for a long time. Council Member
Sehwendiman asked City Attorney Zollinger if liability issues were a problem. Attorney Zollinger
has reviewed their liability insurance for the event through the hospital's foundation review.
Council Member Woodland asked about cleanup. The cleanup committee is the organizers and their
staff.
Council Member Stevens asked if the high school was taking care of the parking issues. They
checked the high school schedule and there are not any conflicts with other high school events.
Council Member Woodland moved to approve the "Impact Promotions LLC" request for
Madison Memorial Benefit Bash featuring singer, song writer Collin Raye; Council Member
Sehwendiman seconded the motion; all voted aye, none opposed. The motion carried.
Committee Liaison Assignments for 2007-
A. Council Member Chris Mann Museum Committee • Beautification Committee • Emergency Services Board
Council Member Mann said Emergency Services interviewed eight individuals and then they
brought three individuals in for a final interview. After the interviews they offered the Fire Chief's
position to Corey R. Child from Gustavus, Alaska. He will be here September 01, 2008 replacing
Chief Larsen. The position is an exempt position and although Chief Child has the fire skills and the
EMT skills, he will not be in the rotation for coverage. Mayor Larsen said the retirement party for
Spence Larsen is Thursday, September 04, 2008 from 3:00 P.M. to 5:00 P.M.
City Attorney Zollinger explained four working lineman positions have been posted and they will
be added to Emergency Services in the 2009 Budget.
B. Council Member Rex Erickson Golf Board • Planning & Zoning • Rexburg Redevelopment Agency
C. Council Member Batt Stevens Ai0ort Board • Romance Theatre Committee • MYAB • School Board
Council Member Stevens reported 75 applicants have applied for the Mayor's Youth Advisory
Board. Jordyn Bochenek is helping organize the MYAB in Amanda Saurey's absence this year.
The Police Department has established the Hall of Fame to recognize officers and their
achievements in the department.
D. Council Member Randy Schwendiman Parks & Recreation • Traffic & Safety Commiffee
Council Member Schwendiman said Traffic and Safety will meet after the summer break in
September. Mayor Larsen indicated Kirsty Geisler is planning a meeting with all of the city
committee chair persons. There will be some training offered to help them organize the committees.
E. Council Member Richard Woodland Rexburg Arts Council • IBC Committee • Tabernacle Civic Center
Council Member Woodland reported on some maintenance work completed at the Tabernacle.
The Tabernacle Committee has not met this summer. The ADA lift has been ordered for the north
entry stairs coming into the tabernacle. The lift will be a nice addition to the Tabernacle.
F. Council Member Adam Stout Legacy Flight Museum • Trails of Madison County
Council Member Stout had nothing new to report. Mayor Larsen indicated the bike path
between Rexburg and Sugar City is being paved this week. The path will stop at the canal for this
phase of the project.
Public Hearings: - None
New Business:
1. Pinebrook Estates Division 2 Final Plat — Kurt Roland (Schiess & Associates)
Kurt Rowland from Schiess & Associates at 7103 South 45"' West, Idaho Falls reported on the
application for the final plat of Pinebrook Estates Division 2. He was representing the developer,
Curtis Femey. The only requirement from Planning and Zoning was to change one road name
which has been done. They are waiting for a decision from Public Works Director Millar on the
pressure sewer line from Sugar City to the Rexburg sewer plant. They will be a participant on this
new line. Mayor Larsen asked if there was a resolution to the questions neighbors had with the
roads leaving the subdivision at points across the road from existing homes. The Planning and
Zoning Commission decided to leave the roads where they are currently located. City Attorney
Zollinger explained there was a lot of discussion concerning the placement of the roads_ It _
decided to leave the roads where they are currently located because there wasn't a place to locate the
roads without impacting homes in the area with headlights. The current alignment is as good as any
other location. There was not any consensus concerning the question of having the roads go
through the properties adjacent to the subdivision on the north side.
Council Member Mann was hoping the road locations would have been worked out with Mike
Mitchell. Mr. Rowland said it would have been the fourth road change on the plans since working
with the city on the project.
Council Member Schwendiman asked about the roads locations. Are they the same as last time?
Mr. Rowland said yes.
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proposing to install 40 foot poles and metal halide bulbs: Metal halide lamps, a member of the
high-intensity discharge (HID) family of lamps, produce high light output for their size, making
them a compact, powerful, and efficient light source. Originally created in the late 1960's for
industrial use, metal halide lamps are now available in numerous sizes and configurations for
commercial and residential applications. Like most HID lamps, metal halide lamps operate
under high pressure and temperature, and require special fixtures to operate safely. They are
also considered a 'point" light source, so reflective luminaires are often required to concentrate
the light for purposes of the lighting application.
Mr. Paine did Lighting Plan One, an independent expert did Lighting Plan Two with similar
material as Plan One, and the third Lighting Plan was done by the city's design ordinance. Plan One
is the best plan for safety with better foot candles. Mr. Watson gave the example of the Burton
School's entry way lighting which conformed to the city's code; however, the right-of-way is not lit
by these lights, so the city will have to come back and light the right-of-way at additional expense.
Plan One with more even lighting allows for lighting the right-of-way without going into the
adjoining neighbors property. The problem with the design ordinance lighting is it emits hot spots,
then dark spots and the lens loose color with is a safety issue by muting the ability to distinguish the
color of cars and people, etc. The city's code would require twice as many poles and lamps at an
additional cost of $51,000 over the preferred safest Plan One.
Council Member Woodland asked if the poles would be 40 feet. Yes. Mr. Watson referred to Mr.
Paine's letter indicating the height of the pole does not control the amount of light; it is controlled by
the light's head. More light would go to the right of way in Plan One for safety's sake.
The City Council reviewed the three proposals. Plan One allows more even light and it meets the
requirements for night sky with Metal Halide lamps. The important thing is the foot-candles of light.
The 40 foot poles allow even lighting for the area. Mayor Larsen mentioned the city's Main Street
uses high pressure sodium lights with an amber color. Council Member Stevens indicated the
University uses the same lighting as Plan One with.a white light on ball fields, etc. Mr. Watson
indicated the lighting for the new high school would look like a forest with the city's lighting code
due to smaller poles against a taller building and less even lighting. The current lighting at the
existing high school was discussed noting there is inadequate lighting behind the school.
Council Member Mann said it was a good compromise and it is very workable. The lighting will
be on photo cells. Some of the lighting if desired can be controlled to turn off during the evening.
Council Member Schwendiman agreed with Planning and Zonings review.
Council Member Schwendiman moved to approve the variance for 40 foot high light poles and
Metal halide lamps as noted in lighting Plan One (recommended by Planning and Zoning); Council
Member Woodland seconded the motion; Discussion: Planning and Zoning Administrator Leikness
asked for the lighting plan to be approved parcel specific; City Attorney Zollinger said the proposal
is specific to these two requests, not the whole parcel. Mr. Watson indicated he had never seen a
project's approval expanded beyond the proposal on the table. All voted aye, none opposed. The
motion carried.
Johnny Watson - JRW & Associates at 1152 Bond Avenue referenced the previous meeting where
he said some structural steel for soccer goals would be made available for recreation. Mayor Larsen
asked Mr. Watson to talk to Bob Yeatman, the city's Recreation Director. The steel goals will be
designed with skids to slide off the field for others to use the field like the Madison Lyons football
organization.
3. Resolution 2008 -17 adopting standards and specifications from the Idaho Standards
Public Works Construction and Supplemental Conditions:
a. Streets/sidewalks
b. Waterlines
c. Sanitary Sewer & Storm Drains
d. Water Rights
Public Works Director Millar reviewed the proposal. The city has used Idaho Standards
Public Works Construction and Supplemental Conditions for years. He asked to have the standards
adopted for the city code. The various standards would become specific standards for the city.
City Council Member Stevens asked if other codes addressed the sidewalk requirements. They are
included in other city standard cross sections. Mayor Larsen asked for the cross section to be
included in this resolution. Council Member Woodland asked to include the same standards for
sidewalks as are specified for streets. Council Member Stevens said the seven foot sidewalk
separation from the curb allows for different specification for sidewalks and streets.
City Attorney Zollinger explained city right of way would require any reconstructions to following
these standards. He gave an example of Rexburg Heights being annexed at some point; when their
streets are reconstructed, the city right-of-way portion would have to comply with the city
reconstruction standards.
Council Member Schwendiman asked if annexable properties would be required to come up to
these standards. City Attorney Zollinger said they would be required to do any new or
reconstructions (streets, water, and sewer) up to city standards when the project was considered.
Water and sewer lines would be more difficult to reconstruct. The city would not be aware of the
bedding material type or depth of material used for water and sewer lines, and the thickness of the
bedding material used on the streets.
City Attorney Zollinger explained the standards to do LID street construction. Council Member
Stevens had questions on stub outs. Public Works Director Millar said it was not well stated in the
code. City Attorney Zollinger reviewed code issues indicating the required changes would be made
before publication.
Council Member Woodland asked if the sewer depth requirement was stated in the code. Public
Works Director Millar stated where basements are allowed the city s minimum sewer depth is ten
feet.
Council Member Stout asked about manholes being at street level. Public Works Director Millar
stated the manhole cover is at the correct level; however, settling has occurred at some locations
causing the appearance of a high manhole cover. There is a settling problem with the street around
the manhole at Mariah Avenue and Ttejo Street intersection which is going to be redone.
Council Member Stout asked how street cross section was developed. Public Works Director
Millar stated a previous city engineer developed the cross sections with experience and judgment.
Residential collectors have different designs verses a major collector.
City Attorney Zollinger reviewed the 12 different cross section standards (68 feet) used by the city.
City Attorney Zollinger reviewed variance process to change the standards. The RR2 Zone cross
section was given as an example of a recent change to the street cross section standards which was
done by resolution. Variance Process one: Engineering reviews specifications for cross sections and
they review the development of new street cross sections. Variance Process two: Layout
configurations (two dimensional cross sections) are reviewed by Planning and Zoning. Discussion
of a previous application to install a 24 foot street, however, the city does not have a 24 foot cross
section standard.
Discussion on construction project stake out inspections; where the property line is not located.
Some properties do not have pins indicating the property line locations. The city's GIS 2007 photo
program is the only tool available to identify property lines without having survey pins installed.
Council Member Stevens moved to adopt Resolution 2008 -17 adopting standards and
specifications from the Idaho Standards Public Works Construction and Supplemental Conditions;
with changes noted to water line service stub outs; Council Member Schwendiman seconded the
motion; all voted aye, none opposed. The motion carried.
Staff Reports:
Public Works: John Millar
1. Report on Project
a. LID bid for curb, gutter and sidewalk had four bidders. The city estimate was about
$133,000 and the bids came in from $177,000 to $215,000. The cost would be $150.00
per square yard to replace sidewalks. Public Works Director Millar asked to repackage
the bid to reduce costs. Private individuals could contract on their own to reduce costs
with city inspections. Council Member Mann said it is getting late to do the project this
year; Public Works Director Millar said the project would carry over to next year.
b. Sewer line project on hill going very well.
c. River Side Park leveling upcoming with computerized dozer.
d. Millhollow Road triangle is under construction. Sprinklers are in sod and trees coming.
e. Mound at Hidden Valley Park has sprinklers with hydro seeding coming.
f. West States Detention Pond is being completed at Mariah and Trejo. Council Member
Stout said a "No Littering" sign is needed at the detention pond.
g. Stonebridge Development discussion on parking on the street.
h. Sound fence at Cresthaven (Sunrise Drive) is completed.
i. Veterans Monument in Smith Park is moving forward with grass and sprinklers.
Finance Department: Finance Officer Horner
a. Monthly Budget Summary Report
Finance Officer Horner reviewed the 10' month monthly budget summary. He asked for
approval for a public hearing to amend the 2008 Budget; amendment items were previously
approved by the City Council.
CITY OF REXBURG
BUDGET TOTALS WITH AMENDMENTS FY 2008
FUND
ORIGINAL
AMENDMENT
FINAL
REVENUE
EXPENSE
GENERAL FUND
6,252,100
16,600
6,268,700
Grants
Police
equipment
STREET FUND
2,528,700
2,500
2,531,200
Additional
Share of Parking
revenues
Lot
RECREATION FUND
210,100
28,400
238,500
Additional
Additional or
revenues
expanded
programs
TABERNACLE
74,000
22,000
96,000
Grants & Gen
ADA ramp,
OPERATIONS FUND
Fund Transfers
wages; repairs
BUSINESS PARK
-
155,000
155,000
Sale of land
Land Purchase
FUND
JOINT FIRE
354,800
210,200
565,000
Additional
Ladder truck
EQUIPMENT FUND
revenues
FIRE IMPACT FEE
71,600
31,700
103,300
Carryover
Transfer to Joint
CAPITAL FUND
balances
Equipment Fund
BUILDING SAFETY &
1,374,900
44,000
1,418,900
Additional
Share of Parking
P&Z FUND
revenues
Lot
DOWNTOWN
665,000
78,500
743,500
Additional LID &
Additional LID &
REVITALIZATION
Sewer revenues
Sewer expenses
FUND
ROMANCE THEATRE
67,500
10,500
78,000
Grants &
Film screen &
FUND
admissions
programs
STREET NEW
1,262,400
1,821,700
3,084,100
Contributed
Contributed
CONSTRUCTION
Capital,
Capital & Street
FUND
Contributions &
projects
Carryovers
MAYOR'S YOUTH
5,000
1,000
6,000
Additional
Additional
COMMITTEE FUND
fundraising
projects
INTEROPERABILITY
1,100,000
1,100,000
Grant Received
Communications
GRANT FUND
Equipment
GOLF COURSE
572,500
97,500
670,000
Loan
New 9 holes
CONSTRUCTION
FUND
SEWER PLANT
-
300,000
300,000
Capital Reserve
Finish 2007
CONSTRUCTION
Fund
upgrade
FUND
LID 31 DEBT SERVICE
69,500
56,000
125,500
Prepaid
Prepay warrants
FUND
Assessments
LID 32 DEBT SERVICE
26,000
21,000
47,000
Prepaid
Prepay warrants
FUND
Assessments
LID 33 DEBT SERVICE
40,500
60,000
100,500
Prepaid
Prepay warrants
FUND
Assessments
CLARK FAMILY
-
279,100
279,100
Contributions
Trust
BENEFIT FUND
Expenditures
NON -AMENDED
23,701,500
23,701,500
FUNDS
GRAND TOTAL
EXPENSE
37,276,100
4,335,700
41,611,800
Totals of amended
funds
13,574,600 4,335,700 17,910,300
The Interoperability funding was a fire grant. City Attorney Zollinger explained the new nine hole
golf course was reported to be $16,000 below budget. This 9 hole golf course has been reported in a
national golf magazine as the least expensive golf course in America for under $1,000,000. A
comparable county golf course outside Portland is $16,500,000 for an 18 hole golf course. The nine
hole contract is on for completion in 2009.
Council Member Mann moved to post notice for a public hearing September 03, at 8:00 P.M.
to amend the 2008 Budget; Council Member Stevens seconded the motion; all voted aye, none
opposed. The motion carried.
BILL 1011 for Appropriation Budget Ordinance Discussion:
Council Member Schwendiman was concerned with operation revenue lagging behind the
expenses. The general revenue has increased. There are some revenues booked at the end of the
year. Anything over $25,000 expense will come to City Council for approval. Equipment bidding
needs formal bids over $50,000. Council Member Stevens would like to see the budget packet
earlier to review. Finance Officer Horner explained the information was the same as provided in the
previous meeting except for item #5.
Council Member Schwendiman would like to know the associated operating costs for the $2
millions added to the budget for waste water plant improvements. Council Member Mann indicated
the funding amount of $2 million should be in the budget for the waste water plant even though the
projected expenses are not available at this time. Mayor Larsen indicated the two options for the
waste water plant improvement will vary in cost. One is that all of our well water rights can be put
into one package. The other suggests that we give up one cubic foot and in return obtain three
wells. The $2 million is a place holder in the budget for the project. He asks why we are currently
only drawing 37 percent. Public works director Millar stated that this was due to the fact that our
withdrawal rate in 365 days a year equals a certain volume. This is directly related to the 3 million
gallons of water used in the summer and 14 million used in the winter (as an avg.).
Public Works Director Millar explained the city is receiving a study for water and waste water.
The study cost $49,500 for water (Keller Engineering) and $50,000 for waste water (Williams
Engineering). The total grant of $100,000 paid for the water and sewer study. The city has applied
for three new water wells. Adjudication process is going to the courts this month. The city is using
37% of the city's ground water pumping allocation rate because of the way the calculation is done.
The city has 60 cubic feet per second of (Industrial) water rights in the Teton River. It is one of the
best water rights in the valley. Public Work Director Millar discussed the State of Idaho's
adjud =aaon P—cos r- v Rdatir g the uscr'3 water rights in the state. Kexburg's water rights will be
given state statutory validity through this process. The court is reviewing the process at this time.
An old (unrecorded) city well was approved through this process. In exchange (mitigation or by
replenishing the aquifer) for this water right the city is seeking three new pumping wells. Currently,
the city is leasing 11.5 CFS of this water to an irrigation development which showed a beneficial use
of the water right. The city's current withdrawal rate of water in the winter is 3 million gallons per
day. In the summer the withdrawal rate is about 14 million gallons per day. Adding an additional
water storage tank (1.5 million gallon) would let the city utilize the city's water right more efficiently.
The allowed withdrawal rate from the city wells would be changed from CFS to a volume
calculation.
UI
Notes: From minutes August 6, 2008. The city's water wells are approved to purnp 79-20 cubic feet of water
second 24 hours a day seven days a week. Farmers are allowed an allocation by acre feet of water. If the city was
allocated the same cubic foot water right by acre feet, the city could have additional wells. It is the discharge rate that
restricts the city's waterpumping capacity. A volume calculation would allow the city to pump at whatever rate (cubic
feet of water per second) the city desired This would spread the city s water right out over three new wells. The city
will not drill all three wells nextyear; however, an additional well could be drilled at the elevated tank on the hill
another one out at the north well; and the third one at the new high school property west of town. The wells would be
drilled below the upper levels of water close to 300 feet deep. This would avoid any chloroform problems.
Mayor Larsen discussed the topic of using windmill power to improve the water flow of the city's
water. Rexburg simply does not have sufficient land to allow windmills; neither would it be practical
for residential windmills to be used to take care of the problem. However, the city may get requests
for windmills to be used in people's backyards for their use. Public Works Director Millar
speculated there is a lack of topography in the city to substantiate a windmill operation. The City
Council discussed windmill costs and possible heights of windmills to be cost effective.
Set aside monies for the Main Street project:
Council Member Stout suggested adding text to the budget that states that none of the money will
be spent until due consideration has been taken. Mayor Larsen suggested adding such a notation to
number four of the Memorandum of Understanding concerning the $2 million dollar waste
treatment plant budget item. He then made a motion to discuss Main Street, and the $350,000
allocated to improve it by widening the road, in which he stated that he believed the project should
be wrapped due to an alleged carryover in the budget. Mayor Larsen then stated that he wants to
move the project up, and believes the current look of Main Street should be improved. Council
member Schwendiman stated that he didn't think Main Street should be the number one priority
with the current budget. Mayor Larsen explained that there is $100,000 in the downtown urban
renewal project that could be used for Main Street. The $350,000 the city has been allocated this year
(2008) has already been spent; however there is another $350,000 for 2009 as well. Council member
Schwendiman suggested we try to obtain the money through grants instead of city funds. Mayor
Larsen stated that final decision on the issue has not been made, and that before they deliberate
any longer about Main Street, they should take a fieldtrip to Pocatello to observe the changes that
community has made in comparison to Rexburg. He also suggested the business owners come in and
voice their opinions on the matter. They discuss the possibility of an L.I.D.
Calendared Bills and Tabled Items:
A. BILL Introductions: - NONE
B. First Reading: Those items which are being introduced for first reading. - NONE
C. Second Reading: Those items which have been first read. — NONE
1. BILL 1011 for Appropriation Budget Ordinance
Council Member Mann moved to second read; council Member Stevens seconded; Discussion:
Council Member Stout was not ready to vote without more discussion on the $2 million added to the
budget for the waste water treatment plant upgrade. He asked to add clarifying language to item four
(change noted below) on the "Statement of Understanding" showing the City Council's intention for the
2009 Budget:
STATEMENT OF UNDERSTANDINGS
(2009 Budget)
1) $36,300 was taken off of Transfers to Police Impact Fee Fund and added into Contingency
in the General Fund.
2) Expenditures, including all capital items, will be managed so that short falls in total revenues
are offset by cutbacks in expenditures in the General and Street Funds.
3) $350,000 of street funding has been allocated to the Downtown Revitalization Fund in 2008,
and in 2009 an additional $350,000 will be allocated to be used for construction to make the
downtown more pedestrian friendly. Construction, operating and maintenance costs will be
reviewed and approved by the City Council before any funds will be committed to this project.
If the City Council finds a higher priority for these funds, these funds can be transferred to a
higher priority street project.
4) $2, 000,000 was added to the budget forpossible upgrade of the Wastewater Treatment Plant. Construction,
operating and maintenance costs will be reviewed and approved by the City Council before any funds will be
committed to this prq;ect.
5) All construction projects over $25,000 and their related operating and maintenance costs will
be reviewed and approved by the City Council before any funds will be committed to the project.
Council Member Stout asked about eliminating the $350,000 allocated in the street budget for the
Main Street Project due to possible carry over expenses and other projects. Council Member Mann
would like to move the Main Street Project up on the schedule. He referenced the Pocatello
downtown project and how it improved downtown Pocatello. It is a great project to make
downtown Rexburg more pedestrian friendly. Council Member Schwendiman does not have Main
Street as a priority. Council Member Stevens reviewed the previous discussions concerning the
downtown project and he proposed splitting the cost of the project over two years. He did not want
to scrap the proposal to improve the downtown area after coming to an agreement with downtown
merchants. He said the project could be pared down to three years instead of two years. The City
Council could change the allocation in a future discussion.
Council Member Schwendiman would like to have the ability to open up the budget and move
the money into higher priority projects later if needed.
Mayor Larsen reviewed the allocations of $350,000 in 2008 and the current allocation of $350,000
for 2009 which were planned to be added to the ITD allocation ($300,000 for 2 street light upgrades)
for upgrading two street lights on Main Street. He offered a possible solution: A Community
Development Block Grant may be possible through the State of Idaho Department of Commerce.
Urban Renewal funding could contribute up to $100,000. The Urban Renewal Board has approved a
study to include the Hemming Property in an Urban Renewal District. Mayor Larsen recommended
maintaining a plan for the redevelopment of the Downtown Project. The City Council continued to
discuss the downtown project. The Idaho Transportation Department (ITD), Community
Development Block Grant (CDBG), Local Improvement District (LID), and Urban Renewal funds
are other possible sources of revenue for the project. Council Member Stout reviewed the loss of
parking and sidewalks in the Main Street proposal for the redevelopment of downtown. Council
Member Woodland commented on the lack of downtown
Mayor Larsen reminded the City Council of previous public discussions to improve the downtown
area including downtown trees. Public Works Director Millar noted nothing has been approved by
the City Council to spend any of the set aside funds for downtown. The plan must be authorized by
the City Council and it must be bid before the funds can be spent.
Mayor Larsen said a final plan has not been approved by the City Council on the downtown
project. Public Works Director Millar said the Pioneer Road project may divert part of the $700,000
if a road project property is vacated. Finance Officer Horner explained the plan is only a rough draft
plan lacking final approval and the bidding process.
Council Member Mann amended the motion to understand the budget monies ($350,000 in 2008
Budget and $350,000 in 2009 Budget) are set aside funds for Main Street improvements. These
funds can be changed pet the following input by Council Member Stevens: It is understood
construction and maintenance costs will be reviewed and approved at the City Council level before
any funds will be committed to the Main Street project. If the City Council finds a higher priority
for set aside street funding, these funds can be transferred to that higher priority projeet(s). Council
Member Stevens concurred with the amended motion and he seconded the amended motion;
Discussion: back ground on flight museum budget; Finance Officer Horner noted the Airport
Museum accumulates funds from revenue projects to purchase additional displays. City Council
Member Stevens explained the revenue sources (air show, building rental, etc.) that raise the budget
funds. Finance Officer Horner reviewed the current expenses for the Airport Museum stating
$4,400 is spent annually from the city and $4,400 from the county for insurance. Additional monies
have been spent in prior years. Council Member Stout noted the Airport Museum is not planning to
have an air show in 2010 due to competing with another air show in the area. Council Member
Stout was concerned with the Customer Service losing a full tirnc position. Mayor Larsen said a
recreation assistant will move into rotation to assist Customer Service. Mayor Larsen said the plan is
to combine departments at some future date to help economize on personnel. Council Member
Stout asked if the four new employees planned for hire could be shared to assist departments in
seasonal high points. The City Council reviewed the possibility of sharing employees across
departmental lines. Public Works Director Millar explained the summer crews do assist in helping
the street crew with snow removal, etc. in the winter. An efficiency recently put in place was auto
meter reading (scanning) devices to speed up meter reading. Another item to speed up meter
reading would be to use four wheelers. The City Council expressed positive feedback concerning the
Rush Triathlon. Mayor Larsen called as amended for a vote on BILL 1011 for the 2009
Appropriation Budget Ordinance; all voted aye, none opposed. The motion carried.
D. 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:
Comprehensive Plan 2020 and Comprehensive Plan Map — Staff
RESOLUTION 2008 —16 (Adoption of Comprehensive Plan 2020 and Map)
Mayor Larsen reviewed the four areas requesting changes to the Comprehensive Plan
Area 1:
(Located in the City of Rexburg) 336 W. 3`d N.
It is proposed that the following tract of land currently designated as "Moderate -High Density
Residential' as shown on the City of Rexburg Preferred Land Use Map be changed to "Industrial":
Area 2:
(Located in the City of Rexburg) 208 E. 3rd S.
It is proposed that the following tract of land currently designated as "Low -Moderate Residential'
as shown on the City of Rexburg Preferred Land Use Map be changed to "Moderate -High
Residential Density":
Area 3:
(Located in the City of Rexburg) 130 W. 1s` S. and 226 S. VW.
It is proposed that the following tract of land currently designated as "Commercial" as shown on
the City of Rexburg Preferred Land Use Map be changed to "Mixed Use":
Area 4: (Located in the City of Rexburg)
It is proposed that the following tract of land currently designated as "Low -Moderate Residential"
as shown on the City of Rexburg Preferred Land Use Map be changed to "Mixed -Use":
A. Legacy Leasing: 29 South 2nd East, 35 South 2nd East, 45 South 2nd East, 228 East Main,
219 East 1St South, and Located directly behind home at 219 East 1St South
1.
29 South 2nd East:
2.
35 South 2nd East:
3.
45 South 2nd East:
4.
228 East Main:
5.
219 East 1St South:
6.
Located directly behind the home at 219 East 1St
South:
7.
Located directly behind the home at 29 South 2nd
East:
8.
Located directly behind the home at 35 South 2nd
East:
9.
Located directly behind the home at 45 South 2nd
East:
10. Located directly behind the home at 55 South 2nd
East:
11.
Located directly behind the home at 63 South 2„a
East:
Council Member Schwendiman moved to table Comprehensive Plan 2020 and Comprehensive
Plan Map authorized by RESOLUTION 2008 —16 (Adoption of Comprehensive Plan 2020 and
Map); Council Member Woodland seconded; all voted aye, none opposed. The motion carried.
Old Business:
Mayor's Report:
I. Celebrate Youth was a great event yesterday.
2. Still working on agreement with the University for Police Coverage.
10
3. Pending Resolution for a Feasibility Study to qualify Hemming Property in an Urban Renewal
Plan.
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:
A. August 06, 2008 meeting
B. Approve the City of Rexburg Bills
Council Member Stevens moved to approve the Consent Calendar. Council Member Mann
seconded the motion. All voted aye, none opposed. The motion carried.
Adjournment
Attest:
Blair D. Kay
City Clerk
11
Shawn Larsen
Mayor