HomeMy WebLinkAboutJAMES DAVIS ATTORNEY LEGAL FILE - Annexation of 10 PropertiesJAMES J. DAVIS ID:208-336-3374 JAN 13'04 10:04 No.001 P.02
JAMES J. DAVIS
ATTORNEY AT LAW
406 W. FRANKLIN S'I'If IiICI'
P.O. Box 1517 . Bnisa, ID 83701-1517
TELEPHONE (206) 336.3244 . PACSIMILE (208) 336.3374
B-mmlL- jdavislaw(n)nilndspring.com
January 13, 2004
CONFIDENTIAL
ATTORNEY-CLIENT PRIVILEGED
Kurt Hibbert
Planning and Zoning Administrator
City of Rexburg
Rexburg, ID
Dear Kurt:
VIA FACSIMILE: (208) 359.3009
Re Citizens for Annexation Reform v. City of Rexburg, at al.
Enclosed (by facsimile) is the draft of an Affidavit for your signature. By
the time you receive this Affidavit, I will be on my way to Pocatello. I will return to the
office on Wednesday, January 14. 1 have the entire morning of the 14th available. I am
hoping that you have some time that morning and can telephone with any changes. We
will then make the changes and fax a new Affidavit to you for your signature.
As we discussed last week by telephone, I want to provide the Court with
a factual basis to support the City of Rexburg's annexation under either the new Idaho
Code § 50-222 or Its repealed predecessor. In paragraph 3 of the draft Affidavit, the
factual predicates for an annexation under either the old or the new statute are made.
The sentence that begins with the word "Historically," may need to be modified to be
consistent with the Idaho Association of Cities' interpretation of the statute. Please
consult with Stephen Zollinger on that point.
I look forward to hearing from you on January
JJD/kd
Enclosure
JAMES J
DAVIS
JAMES J. DAVIS
Attorney at Law
406 W. Franklin St.
P. 0. Box 1517
Boise, ID 83701-1517
(208) 336-3244
ISB# 2185
ID:208-336-3374
Attorney for Defendants City of Rexburg,
Planning and Zoning Commission, City
of Rexburg, Bruce Sutherland, Nyle Fulmer,
Glen Pond, Marsha Bjorn, Donna Benfield,
Paul Pugmire, and Sean Larsen
JAN 13'04 10:04 No.001 P.03
DRAFT
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
CITIZENS FOR ANNEXATION REFORM, )
a not-for-profit organization; DAVID and )
JUANITA GRIMALUSKUS, individuals; SCOTT)
and MINDI LUCAS, Individuals; LISA ELLIS, )
an Individual; CURT and MELODEE )
MUELLER, individuals; MARLENA BELNAP, )
an individual; RUSSELL and SHANA )
VANALLEN, individuals; MARION D. SMITH, )
DBA CHALLIS VALLEY MOBILE AND R.V, )
PARK, an Individual;
Plaintiffs, )
V.
STATE OF IDAHO; THE HONORABLE DIRK )
KEMPTHORNE, Governor, State of Idaho, )
DOES 1-384; CITY OF REXBURG, a )
municipal corporation; PLANNING AND )
ZONING COMMISSION, CITY OF REXBURG,)
a Commission of the City of Rexburg; BRUCE )
SUTHERLAND, In his capacity as Mayor of )
the City of Rexburg; NYLE FULMER, in his )
capacity as Member of the City Council of )
Case No. CIV 02-0556-E-BLW
AFFIDAVIT OF KURT HIBBERT
IN SUPPORT OF
CITY OF REXBURG
DEFENDANTS' MOTION FOR
SUMMARY JUDGMENT
AFFIDAVIT OF KURT HIBBERT IN SUPPORT OF CITY OF REXBURG
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, Page 1
JAMES J. DAVIS ID:208-336-3374 JAN 13104. 10:05 No.001 P.04
Rexburg; GLEN POND, in his capacity as )
Member of the Rexburg City Council; MARSHA)
BJORN, in her capacity as Member of the City )
Council of Rexburg; DONNA BENFIELD, in her)
capacity as Member of the City Council of )
Rexburg; PAUL PUGMIRE, in his capacity as )
Member of the City Council of Rexburg; SEAN )
LARSEN, in his capacity as Member of the City)
Council of Rexburg; CITY OF CHALLIS, a )
municipal corporation; THE HONORABLE )
KATHERINE BECKER, in her official capacity )
as Mayor of the City of Challis; CLARENCE )
LEUZINGER, in his official capacity as Member,)
City Council of Challis; WARREN JENSEN, in )
his official capacity as Member, City Council of )
Challis; MARION MCDANIEL, in his official )
capacity as Member, City Council of Challis; )
and JEAN DI R, in his/her official capacity, )
Member, City Council of Challis, )
Defendants. )
STATE OF IDAHO )
: ss.
County of )
KURT HIBBERT, being first duly sworn, deposes and states as follows;
1. Your affiant is the Planning and Zoning Administrator of the City of
Rexburg and has held said position since May 2002. In such capacity, your affiant
participated In the City of Rexburg's annexations procedures for an annexation
approved by the City Council and approved by the Mayor on April 2, 2003, and your
affiant has personal knowledge of the information contained in this Affidavit.
2. Prior to April 2, 2003, the City of Rexburg commenced to annex
certain properties into the City of Rexburg pursuant to Idaho Code § 50-222(3)(b)(1). On
April 2; 2003, the City Council of the City of Rexburg passed and the Mayor approved
AFFIDAVIT OF KURT HIBBERT IN SUPPORT OF CITY OF REXBURG
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, Page 2
JAMES J. DRVIS ID:208-336-3374 JRN 13'04 10:05 No.001 P.05
Ordinance No. 887, a copy of which is attached hereto as Exhibit A, by which the City of
Rexburg annexed twelve parcels, designated Parcels 1, 2, 3, 4, 4a, 6, 6a, 7, 8, 9, 11,
and 14. The parcels are depleted on a map entitled "Annexation Ordinance 887," a true
and correct copy of which is attached hereto as Exhibit B.
3. The parcels annexed in Ordinance No. 887 contain less than 100
separate private ownerships and platted lots of record. The parcels are contiguous or
adjacent to the City of Rexburg and lie within the City of Rexburg's area of city impact.
Historically, the parcels are laid off into lots or blocks containing not more than five
acres of land each, whether the same shall have been or shall be laid off, subdivided or
platted or the owner or proprietor (or any person by or with the owner or proprietor's
authority) has sold or begun to sell off such contiguous or adjacent land by metes and
bounds in tracts not exceeding five acres.
4. In annexing the parcels, the City of Rexburg complied with the
procedures governing category B annexations, as set forth in Idaho Code § 50-222.
The City of Rexburg did not utilize the "deemed consent" section (Idaho Code § 50-
222(4)) of Idaho Code § 50-222. Since the parcels annexed by the City of Rexburg did
not have more than 100 separate private ownerships, City of Rexburg did not utilize the
procedures for category C annexations (Idaho Code § 50-222(5)(c)).
AFFIDAVIT OF KURT HIBBERT IN SUPPORT OF CITY OF REXBURG
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, Page 3
JAMES J. DAVIS ID:208-336-3374': JAN 13'04 '10:06 No.001 P.06
DATED this 0 day of January, 2004.
KURT HIBBERT
16
SUBSCRIBED AND SWORN to before me this /day of January, 2004,
AFFIDAVIT OF KURT HIBBERT IN SUPPORT OF CITY OF REXBURG
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, Page 4
V 6a vl
Additional Items Requested By James Davis, 1-14,�--00t4 for briefing file.
• Annexation Plan: show exhibits A -D• " '�Ex�b� less this refers to the
10/22 Map. He also wants a clear Exhibit "C" Noj SGL p f {{ea rL vL1
• Notice of Public Hearing Before the Planning and Zoning Commission; Need
Page 2
• November 21, 2002 Planning and Zoning Minutes; Need Pages 15 to the end of
the minutes.
• December 18, 2002 City Council Minutes; Need pages 2-6 and 11 until the end.
• E -Mail Ferron Sonderr or April 22d Nee Page 2 of this e-mail
• City Council Agenda January 8, 2003; Needs complete new copy.
• Sheet that appears to be a finding of fact paragraphs withnumbered 1-8 "The
premise that Valleywide Coop" etc. What is this Document? Please attach to a
meeting or some other context.
• RR2 Section Drawing. Please put this document in some contect asan attachment �4YIN2
to a meeting or somethingerd Pa S�� �(// "ul�_ a-- D 3 aa— , �'
• City Council MinufesJanu 2 Need pages 2-5, 8 -end.
• He has an unsigned copy of what appears to be a finding of fact. Was this copy
later signed and who signed it or what?
Telephone: 336-3244 FAX: 336-3374
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning
Commission of the City of Rexburg, Idaho, Thursday, November 21, 2002, at 7:05 p.m., in the City
Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding annexation and a
zone change from Madison County zoning to Rexburg zoning.
These properties are primarily located in three areas in Rexburg City Area of Impact, Madison County,
Idaho, and are described as follows:
Area One: Annexation of Properties between US Highway 20 and 2000 West in Section 25 with
some properties located on the East side of US Highway 20.
Parcels numbered on the Annexation map as follows: 1,2,3,4,6,7,8
Proposed Rexburg City zoning for these parcels are as follows:
a. Parcel 1 -Rural Residential
b. Parcel l-AgriculturalI
c. Parcel 3 -Low Density Residential -1
d. Parcel 4 -Rural Residential
e. Parcel 6 -Rural Residential
f. Parcel 7 -Rural Residential
g. Parcel 8 -Rural Residential
The Legal description as follows:
All of Section 25, Township 6 North, Range 39 East, Boise Meridian.
Less the following:
All parcels previously annexed by the City of Rexburg.
Also less the following parcels:
Tract I•
Commencing at a point 95 feet East and 265 feet South of the Northwest Corner of the Northeast
Quarter of Section 25, Township 6 North, Range 39 East, Boise Meridian, Madison County,
Idaho, and running thence East 235 feet; thence South 128 feet, thence West 235 feet, thence
North 128 feet to the point of beginning.
Tract II:
Commencing at a point that is 95 feet East of the NW corner of the NE 1/4 of Section 25,
Township 6 North, Range 39 E.B.M., Madison County, Idaho, and running thence South 265 feet,
thence East 235 feet, thence North 265 feet, thence West 235 feet to the point of beginning.
EXCEPT County Road to the North.
Tract III:
Beginning at Northwest comer of Northeast quarter of Section 25, Township 6 North, Range 39
E,B.M., Madison County, Idaho, and running thence South 660 feet, thence East 330 feet thence
North 267 feet thence West 235 feet, thence North 393 feet thence West 95 feet, to the point of
beginning.
Area Two: Annexation of Property at 1647 West 1000 South
Parcel numbered on the Annexation map as follows: 9
Proposed Rexburg City zoning for these parcels are as follows:
h. Parcel 9 -Rural Residential
The Legal description as follows:
The Northeast quarter of the Northwest quarter of Sect. 36, Township 6 North, Range 39 East,
Boise Meridian.
Less the following
Commencing at the Northeast corner of the Northwest quarter of Sect 36, Township 6 North,
Range 39 E.B.M., and running thence West 361.5 feet thence S 0 °9'45"E 773 feet; thence East
361.5 feet; and thence NO °9'45"W 773 feet to the point of beginning.
Also less the following:
Commencing at the SE corner of the NWIA of the NW1/4 of Sect 36, Township 6 North, Range
39 E.B.M., and running thence NO 023'05"W 1317.50 ft; thence N89°47'48"E 499.96; thence
S6048'42"W 426.45 ft; thence S6 °33'28"W 854.33 ft; thence S4 °23'45"W 46.26 ft; thence
S89049'40"W 339.40 ft to the point of beginning.
Area Three: Annexation of Properties on both sides of South Millhollow Road from 350 — 700
South Millhollow Road
Parcel numbered on the Annexation map as follows: 11
Proposed Rexburg City zoning for these parcels are as follows:
i. Parcel 11 -Low Density Residential
The Legal description as follows:
Commencing at the Northwest corner of SW1/4 of SETA of Section 29, Township 6 North,
Range 39 E.B.M., Madison County, Idaho, and running thence NO ° 11'41"e 995.7 ft; thence
N89045'52"E 452.58 ft, thence N22 *50'03W 184.21 ft; thence N72°37'54"E 149.66 ft, thence
N17022'23"W 100 ft; thence N72°38'00"E 86 ft; thence S20°31'56"E 1965.97 ft; thence West
1265.68 ft; thence NO °22'55"W 507.97 to the point of beginning.
2
Area Four: Annexation of Properties at 1050 North 2nd East
Parcels numbered on the Annexation map as follows: 14
Proposed Rexburg City zoning for these parcels are as follows:
j. Parcel 14 -Highway Business District
The Legal description as follows:
Tract I:
Commencing at the SW comer of Sect 17, Township 6 North, Range 39 E.B.M., Madison
County, Idaho, and running thence East 500 ft; thence North 230 ft; thence East 180 ft; thence
North 210 ft; thence West 200 ft; thence South 100 ft; thence S89 *49'40'W 480 ft; thence South
338.53 ft to the point of beginning, excepting therefrom the state highway right-of-way.
Tract II:
Commencing at a point that is North 340 R and East 37.4 ft of the SW comer of Sect 17,
Township 6 North, Range 39 E.B.M., Madison County, Idaho, and running thence North 82.99 ft;
thence N58°47'31"E 33.37 ft; thence N89°27'04"E 401.8 ft; thence SO° 11'OOW 100 ft; thence
S89027'4"W 430.02 ft to the point of beginning.
Tract III•
Commencing at a point 500 ft East of the Southwest corner of Sect 17, Township 6 North, Range
39 E.B.M., Madison County, Idaho, and running thence North 230 ft; thence East 195 feet; thence
South 230 ft; and thence West 195 feet to the point of beginning.
At such hearing the Planning & Zoning Commission will hear all persons and all objections and
recommendations relative to such proposed approval. The City Clerk will also accept written comments at
City Hall prior to 4:00 p.m. on November 20, 2002.
This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all
amendments thereof.
DATED this 22nd day of October, 2002.
CITY OF REXBURG
By L-, i
(SEAL) Blair D. Kay, City Clerk
Published: October 23, 2002
November 18, 2002
3
REXBURG PLANNING & ZONING
November 21, 2002
7:00 p.m.
Chairman: Winston Dyer
Members: Robert Schwartz
Ted Whyte
DaVawn Beattie
Mike Ricks - Excused
Steve McGary
Doug South
Jerry Hastings
Mary Haley
Jordan Dyer- Excused
David Stein
P.F.C. John Millar
P & Z Administrator Kurt Hibbert
City Attorney Stephen Zollinger - Excused
City Clerk Blair D. Kay
APPROVAL OF MINUTES
Steve McGary made a motion to approve the minutes with corrections on page 6, 9, and 12 for
November 07, 2002, DaVawn Beattie seconded the motion, all voted aye, none opposed.
The motion carried.
Winston Dyer'- Welcomed those present to the meeting along with the Boy Scouts.
Commissioner Mike Ricks and Commissioner Jordan Dyer were excused from the
meeting.
The County Planning and Zoning
Noncontroversial agenda items:
DaVawn Beattie — Requested to add the "Tree Ordinance" to the agenda.
Kurt Hibbert - Reviewed the Zoning enforcement violations — Enforcement issues are primarily
concerning education of the zoning ordinances. All complaints have been acted upon;
All of the violators are working on their violations to come into compliance with the
zoning ordinanco. Thare is one violaa o`n that may need a misdemeanor citation.
1
Winston Dyer — The Chair would like to revisit the issue with Dr. Craig Heiner's request to
remodel his professional office on this agenda.
Public Hearings
7:05 pm Annexation of 10 Tracts — City of Rexburg
Winston Dyer - Introduced the Commissioners to the public and gave instructions concerning
testimony for the Public Hearing. Winston explained the issues concerning the proposed
annexation of 10 tracts of property into the City of Rexburg. He explained that from the earliest
of human history people have lived together in communities for the common good. The quality
of life is improved due to shared resources, economy of services that are available, shared
protection, and protect our living environment. Winston mentioned the concept of synergy —
"The end result is much greater than the individual contributions of all of us". Rexburg has a
strong sense of Community. There has been a great willingness on the part of people to sacrifice
their personal interests in many respects for the greater common good. All have a desire to
improve the quality of life and protect our environment.
Winston Dyer — Explained the transition that Rexburg is experiencing in the development of new
housing for students attending the University. Rexburg has major challenges. He
explained the changes that were brought about by the Teton Dam Flood. Now the
University expansion is causing change. There will be more students, staff, families and
associated growth as the population increases. Winston explained that more people
require more housing and more services.
Winston Dyer — Continued his comments on the City expanding to the West of the current City
limits. The ground is available and it is more favorable for excavation. Transportation
and Utilities are easy to extend in this area. The Planning and Zoning Commissions in the
City and the County are charged with the following:
1) The protection of existing property rights of citizens to allow them to use their
property within certain bounds that reflect the greater common good of the
Community.
2) Provide for orderly growth of the Community. Proposed land use must be
compatible with existing land use. An example of undesirable land use would be a
medical waste burning facility located next to a residential zone. The master plan
needs to be logically extended and provide for orderly growth.
Winston Dyer — Discussed growth on the fringe areas of the City of Rexburg. He mentioned the
West side of the City in particular for this meeting's discussions. "The bottom line is that
we must better plan and control the outward growth and expansion of Rexburg". Control
is needed to protect everyone and bring order to the planned expansion of the City.
2
— Winston Dyer - The City of Rexburg is proposing to annex some areas of the County into the City
limits to maintain orderly growth. The City of Rexburg wants to be proactive and have
the opportunity to do it in the right way. Some property owners on the West side of the
City has requested annexation of their properties. Winston explained that the annexed
properties would be required to pay higher taxes. The following conditions will impact
the residential properties.
1) Annexed property will have additional City of Rexburg taxes. The additional
tax will be about 30% higher than current County taxes.
2) The City zoning assigned to the property would be entirely consistent with
current land use. This would protect existing land use and property rights.
There is a new rural residential zoning application being developed for the City
of Rexburg that will allow subdivisions into the City with larger lots. These lots
will not require curb and gutter for Rural Residential Zoning (RR2). They can
have broad borrow pits for the road ways. Sidewalks will be included for these
subdivisions. This will allow the residents to maintain a rural residential setting
for their subdivisions. The zoning laws will allow a grandfathered status for
certain uses. An example would be existing animals on the property.
3) No one would be forced to hook up to City utilities unless it is a proposed
new development. Environmental conditions would require dense
developments to connect to City of Rexburg services.
Winston Dyer — City utilities will be available to those in these areas in response to two criteria.
1) If there is a need. Documentation indicating contaminated wells or things
of that nature. The City of Rexburg will be interested in moving forward
to get City utilities in that area for the protection of everyone involved.
2) A common desire or majority of property owners to come onto City
utilities. The City does require a hook up fee to connect to City utilities.
The following fees are in place at this time.
a) Residential water connection - $1,100
b) Residential sewer connection - $575
c) Front lot line cost for sewer- $10 per foot
d) Front lot line cost for water - $10 per foot
Winston indicated that these costs do not cover the entire cost of
connecting an area to the City of Rexburg utility systems.
e) The monthly utility rates would apply for water, sewer &
garbage. The rates are based on the usage of the water and
sewer services.
Winston indicated that there have been many studies done in the
Engineering field that indicate the actual cost of being on City services
is less expensive than being on private systems over an extended period
of time. The studies indicate 3-5 years favor the private systems. If the
cost of replacing the well pump, or the septic tank or drain field is
included, the cost favors being on. City services.
f) Sidewalks are required when:
1) The property is sold or:
2) Undeveloped property is developed or:
3) The creation of an LID - Local Improvement District
that is financed for 20 years by the City of Rexburg
Winston indicated that the benefits of the annexation proposal is preserved land uses, reliable
City of Rexburg utility services, protected environment, logical growth and development,
improved transportation facilities, and improved police, fire and emergency services.
Winston Dyer — Reviewed the format for public input in a Public Hearing. The City Council has
scheduled a Public Hearing December 18th for this annexation request. The annexation
requests can be reviewed as a block or individually. The Commission can either approve,
table or dis-approve the annexation requests. This Commission's action tonight will be a
recommendation to the governing body, the City Council.
Winston Dyer - Discussed the role of the Planning and Zoning Commission. The P & Z
Commission looks at the technical merits of the proposal. Is it good planning? Does it make
sense? Are there problems that need to be avoided? How does it look for the future in terms of
regulation, order, and growth?
Winston Dyer - Discussed the role of the City Council as a governing body. The City Council
has the opportunity to take into account the politics of the recommendation. Should a
neighborhood be allowed to make a special neighborhood agreement with the City?
This agreement may delineate the special conditions and terms for the development of the
neighborhood under an annexation proposal. The City Council will make the final decision on
the annexation proposal. It becomes a matter of law after the City Council approves or denies
the request.
Kurt Hibbert - Explained the Proposal to annex 10 tracts of property. The City is planning an
RR2zone to annex existing subdivisions to be annexed in an `as is' condition. Kurt
reviewed the annexation proposal on the overhead screen. The land has been labeled as
tracts because there are multiple parcels included in some of the tracts. He reviewed
planned future annexations in areas where the City of Rexburg services are currently
being provided to the property owner. In the past the City has annexed one parcel at a
time. -This creates -islands in the City limits. These islands have access to City services.
Kurt indicated that it is not cost effective to move City services around these properties.
It is better planning to bring larger tracts of property into the City as needed.
This allows the infrastructure to be evaluated and extended in a least cost method.
Winston Dyer - Asked for questions of a general nature.
Discussion on the costs for receiving City services. The City will provide these costs to
neighborhoods in neighborhood meetings. The RR2 zone was discussed as a zone to be
used for the annexed neighborhoods.
John Millar - The new RR2 zone will be available before the annexation is completed.
Kurt Hibbert - The Commission will review and accept RR2 - The definition of RR2 zoning was
read and discussed by Kurt. The new zone was compared to the existing RR zone as it
exists in the impact area for the City of Rexburg. Kurt and Winston reviewed the RR
zone in the impact area.
Winston Dyer - Recommended that Mr. Erickson give public testimony on his concerns with the
RR2 zoning being a condition of annexation for their subdivision.
Discussion on being required to connect to City of Rexburg services if the annexation proposal is
approved.
John Millar - Reviewed the locations where City of Rexburg services will be available in future.
The City is in the process of extending backbone services West of U.S. Highway 20.
A 12" water line will be installed through Widdison Addition. The wastewater system
along 2000 West (12`s West) is planned for the spring of 2003. The Madison Coop
development will receive water and sewer services by May, 2003. John reviewed the
conditions that may exist that would prompt a resident to connect to City services. If a
septic sewer system fails, the Health Department may require the location to be connected to City
services. It may be a least cost decision for the property owner to connect to the City of Rexburg
sewer system verses updating their current septic system.
Winston Dyer - Opened the meeting for Public Testimony
Winston Dyer - Reviewed the Public Testimony format for the meeting. Everyone has a voice.
We agree to disagree. Winston asked those present to refrain from any heckling, cat calls,
or applause. Winston was appreciative of the people attending the meeting to voice their
concerns.
Those in favor of the proposal:
DaNiel Jose - Madison County Planning and Zoning Coordinator - 134 East Main Street - She
mentioned that she is not a proponent of tax increases. DaNiel gave comments on the
requests that the County Planning and Zoning Commission receive monthly for new
subdivisions in Madison County. The County is concerned with preserving the quality of
the ground water. This is a desirable area. DaNiel mentioned that areas 7, 6, 4, 2, and 1
are areas of concern for ground water contamination. There seems to be a lot of growth in
these areas. It is the opinion of the Madison County Planning and Zoning Commission
and Departments that these areas need to be annexed into the City of Rexburg.
Kirby Forbush - 3800 West 1000 North - He owns Parcel #6 which is a 40 acre piece.
Kirby reviewed his parcel on the overhead screen. He asked the County to approve a
32 lot development. His request was denied for County development. He is requesting an
RR2 Zoning for this property. He indicated that RR2 would work for lots in the
Willowbrook subdivision. The Willowbrook lots are about 3/4 of an acre.
Boyd Cardon - 1535 West 190 South - Widdison Edition - He indicated that it is best to prepare
and prevent for future use. In the best interest of the residents in his area and to maintain
the quality of life, Boyd recommended City services for his area. A master plan is needed
for lighting safety. He recommended having a planned development with the appropriate
lighting, water, and sewer connections. He would prefer to prepare and prevent instead of
repair'. The water and sewer lines should be installed at the same time.
Jean Erickson - 100 Tamarack - Is in favor of annexation. They are planning to build a home in
the spring. They are paying City taxes. They are afraid of future costs associated with
developing City services in the future. She would prefer to have the water and sewer
available for her lot before they begin construction of their new home. It is the
logical choice to do it now.
There was no written input in favor.
Those neutral to the proposal - neither for nor against:
Brent Harris - 1903 West 190 South -Widdison addition - Asked about parcel #2 - Brent is
concerned with a zone change in the future. He does not want to be rezoned later away
from the RR2 zone. Brent recommended having a master plan for stable development.
He asked if a well fails or a septic system fails, would everyone in the subdivision be
required to hookup to City services? He was also concerned with the length of time for the
installation of the sewer system on 7`s South. He does not want the Widdison Edition torn
up for a year like 7s` South. Brent would like the City of Rexburg to respond to the
reason 7a' South was torn up for a year. Brent has requested a copy of the minutes for his
records. The 300 foot rule does not holdup in a court of law for connecting to the City
services. Brent indicated that the City could require connections to water and sewer if the
location is within 300 feet of City services.
Eric Erickson - 1573 West 190 South - He is neutral however he wants consistency. The new
Cenex building needs services. Eric indicated that a particular project should not drive an
annexation proposal. The City needs to supply services and Eric wants an overall
comprehensive plan to drive development. He is concerned about the sidewalk issue.
Eric would prefer to have RR2 in place before annexation is approved.
Gi
Bill Miller - 1730 South 1000 West - Winston Dyer read a statement concerning his feelings on
the current and recent -past Planning and Zoning decisions. He is in favor of preserving
the small town atmosphere for the City of Rexburg. He is in favor of updating the
Planning and Zoning Ordinance to meet the current needs of the City.
Those Against this proposal:
Bill Tietjen - 1612 West 930 South - Rexburg Acres. Subdivision - He has a community well with
10 other homes. He is against the annexatin of his neighborhood. They feel that their
water and septic systems are adequate. They are monitored by District 7 Health
Department. Their Community well is monitored monthly by District 7 Health. Their
inspection tract record show that their system works. They believe that they could stay
the way they are without getting City services. They do not want to pay additional taxes
for any City of Rexburg services. Bill indicated that developers are developing the land
by rezoning for financial reasons. They were told earlier that if annexation was going to
take place, it would be 3-5 years down the road.
Mindi Lucas - 950 South 2000 West — Provided a petition listing residents who are opposed to the
annexation request. Mindi indicated that they have lived in the area for about seven years.
She is opposed to the annexation proposal. There are people in these areas that do have
livestock that is used for their livelihood. She did not understand how the City water line
would affect the sub -water. She mentioned that County Residents do not pay for City
services. She commented on the countless hours of service donated to the City by young
children of County residents who have planted flowers for the City of Rexburg. It takes
away from the dignity of the volunteer work that has been donated to the City. Mindi
asked why the City of Rexburg streets are in such bad shape all winter. The elderly can
not go into town. She would like to see improvement in the City of Rexburg street
maintenance in the winter.
Scott Lucas - 950 South 2000 West - Requested real test data for pollutants in the ground water
and how they are moving underground. He requested the data from the City or the
County. He would like to see real hard test data on water pollutants. He is an Engineer at
the Site. Scott gave examples of studies conducted at the Site to tract ground water
pollutants. He does not want to pay more taxes. He is concerned with the extra costs to
supply City of Rexburg services to his subdivision.
Russ VanAllen - 932 South 1560 West - Russ agreed with the others. He is concerned with the 30%
increase in taxes. He is requesting more data on the cost for water and sewer connections.
Russ feels he was misled two months ago when he was told he would not be annexed
into the city. They were told it would not be a question of "If"but but "When" they would be
annexed into the City of Rexburg. They were told their taxes would increase roughly 1%.
The information that was mailed to the residents from the City of Rexburg indicated
almost 23 % increase in taxes over the current County, taxes. Russ reviewed the cost for
City water and sewer that was mailed to the residents. He requested more information on
the actual cost for water, sewer, and everything else that might come down the road for a
$120,000 home. Russ does not want to be misled with partial data.
Dean Kunz -161 South 2000 West - Dean asked who would maintain 2000 West. Is 2000 West in
the City or the County? Also, Dean asked if the City is going to annex a proposed
development West of 2000 West. What is going to prevent the City of Rexburg from
annexing that property? Where is the City of Rexburg going to stop annexing property?
Dean asked if the City of Rexburg is going to spot zone and annex property just because
someone wants to develop it.
Larry Saunders - 190 South 1559 West - If we are in the City, will we loose more control of our
neighborhood. When does the City of Rexburg services require connection? Larry is
concerned with the changes that come with annexation. The residents do not need the
extra expenses that come with annexation.
Eric Erickson - Requested that the Widdison Addition and existing neighborhoods be annexed into
the City of Rexburg as an RR2 Zone if the annexation proposal is approved.
Paula Harris - 190 South 1903 West - She is concerned with the trust level. She requested that the
Planning and Zoning Commission allow more time to provide the needed cost
information to the residents on City of Rexburg services. She does not trust the City's
facts on the costs of City of Rexburg services.
Kirby Forbush - Discussed the need to have an annexation agreement for existing subdivisions to
explain the exact requirements for the neighborhoods. Will they be required to have a sidewalk,
curb and gutter, water connection, or sewer connection?
Winston Dyer - Reviewed the process to obtain an annexation agreement. The City Council
would make the final determination. Kurt Hibbert and John Millar can help residents with
these agreements. It would be appropriate to have the negotiations completed with the
City of Rexburg before the City Council Public Hearing is held.
Winston Dyer - Referenced the written documents presented to the City by residents who object to
the annexation plan for their neighborhoods. There was an unsigned letter stating that this
is how we currently feel. "Our representatives will be more than willing to listen to the
proposals". Winston read a petition that stated "As residents of Madison County living in
parcels 1-7 as designated by the City of Rexburg we the undersigned do object to the
proposal to annex the said land parcels to City property as indicated in the proposed
annexation plan of October 21, 2002". There was 2'/z pages of signatures with names
and addresses. A letter from John and Judy Steiner - 612 South 2000 West- The letter
indicated a protest to the annexation proposal of their property. They were offended with
the degrading tone and content of the annexation proposal letter from the City Offices. The lettei
states that by joining the City, the Steiners would be able to save money on their sewer and water
and garbage services. "I don't know how you can save us money when we already have our own
service in place that is of minimal cost". They are opposed to the annexation proposal and feel
that annexation will cause a hardship on their family. The Steiners are concerned with beingthe
next victims of a forced change. They requested that U.S. Highway 20 be the annexation line
instead of 2000 West. They asked the City to listen to the voice of the people who are actually
being affected by this change. The Steiners letter stated "Please don't make us feel that joining
the City would be equal to contracting the Black Plague".
Winston Dyer - Offered an official apology from the City to the residents who received the
annexation letter. The City officially apologizes for the comments in the ad for
annexation with reference to the "Black Plague". Winston did not know exactly how that
comment was included in the letter. It was a mistake and the City of Rexburg apologizes
for any offense it may have created.
Winston Dyer read a letter from Fenton Broadhead - 190 South 1888 West - Fenton referred to
parcels 1, 2, 4, 6, & 7 on the proposed annexation map. He is concerned with spot zoning
next to U.S. Highway 20. "There has no proactive planning and decision making based
on original plans for an area". He is opposed to developments with smaller lot
restrictions and apartments in this rural area. He mentioned the annexation of a narrow
strip of property on the West side of U.S. Highway 20. This is the parcel adjacent to numbers 7,
6, and 4. There is no road frontage for this parcel. "That is unreal to think that it was
annexed". Another consideration for denying this annexation proposal is the weed
patches and open areas that will be created. The City is driving the market by
encouraging the development of lower priced land to the West of the freeway. Fenton
indicated that the fees from water and sewer hookups would subsidize the commercial
development on Highway 33 and any other residential development. Fenton speculated that the
City of Rexburg would allow this technique to avoid collecting impact fees for new
developments. Fenton is not interested in subsidizing other developments. He requested that the
existing subdivisions would be free from the curb and gutter requirement in these rural areas.
Fenton commented on Madison County's ability to maintain the roads in his area. He expects a
decrease in winter maintenance services if his property is annexed into the City. Fenton
summarized with this comment: "In summary I have concerns about the planning decisions
being made. I watched the construction of a gas station that will cater to trucks with the use of
2000 West. 2000 West has a restriction on truck traffic. I see a gerrymandering plan for
annexation where you don't include property to the North of Highway 33, even though there is a
commercial business on the North side. I would encourage you to plan and implement the plan.
Let the plan drive the development. If I could have confidence in your plan and consistency, I
would feel better about the proposal."
All written comments were reviewed and they are on file with the City of Rexburg.
Public Input was closed
The Commissioners discussed the comments directed to the City of Rexburg concerning the
Tax increase due to the annexation proposal.
Winston Dyer - The utility services are maintained by monthly user fees. None of the property
taxes that are collected go towards water and sewer services.
Kurt Hibbert - The increase in taxes does vary between residents. Circuit breakers and home
owner's exemptions are examples that will cause some variation in the 30% tax increase
that has been discussed at this meeting. Kurt mentioned that he had calculated a28%
increase in taxes for an annexed home.
Winston Dyer — Reviewed the 22.9% tax increase that was mentioned in the flyer that was
published. That amount represent the City's portion of the total tax bill for a residence.
Winston gave reference to a document "Madison County/Rexburg Comprehensive
Plan 2000". This document was prepared in 1977. It gave provision for the Community
to the year 2000 as to how in the planners best vision the Community would grow and
develop. A copy of this map was entered into the record. Winston reviewed the map that
showed City of Rexburg expansion to the West of U.S. Highway 20. Winston
commented on the concerns of the residents with this annexation proposal. He shared their
concerns about the impact and changes that this proposal would create. Winston commented on
discussions he has had with residents over this expansion issue. He commented that almost
everyone he has visited with has readily admitted that they knew the day would come when
Rexburg would grow and expand. Winston indicated that the day has come to properly plan for
this expansion in an orderly plan. He recommended that the Planning Commission give serious
consideration to this annexation proposal.
Doug Smith - Commented on the vision of past developers that provided housing for residents in
the area. He commented on some serious nitrate underground water contamination in the
Hibbard area. He did not know the source of the contamination. Doug commented that
"We are all lucky to be here"; "We are all benefactors of developers". Doug recommended
that the residential areas be maintained as rural residential. He indicated that there is wisdom in
the annexation proposal.
Winston Dyer - Reviewed the makeup of the Commission. Three of the Commissioners live in the
County. One County resident is appointed by the City of Rexburg to the Planning
Commission and one is appointed by the Madison County Commissioners and the third
one is appointed jointly by the City and County. Mike Ricks, Doug Smith and David
Stein are representatives of the County area.
David Stein - Commented on the existing Planning and Zoning Ordinance and the existing
Comprehensive Plan for the City of Rexburg. He was concerned with the timing of the
proposal.
Robert Schwartz - He is concerned with requiring sidewalks in the Rural Residential zones. He
commented on the need to have zoning laws for the protection of the neighborhoods.
Discussed the density of septic systems in the area that will cause pollutants in the
environment.
Ted Whyte — Commented on the four-plexes that are being built on the West side of U.S.
Highway 20. These permits were granted by the County. There are multiple units
planned for that development. Ted indicated that it was prudent to annex them and have
them on City water and Sewer. The alternative would be to have hundreds of units with
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septic systems adjacent to the City limits. This could impact the City of Rexburg for the
development of infrastructure in 5, 10, or 20 years down the road. He indicated that it
was good planning to provide City services to developments that have developed adjacent
to the City limits. When septic systems fall, the residents will come to the City and ask
for water and sewer services. Ted is on a task force that gathered data on Rural
Residential housing developments. He has spent time with towns and Cities to the South
of Rexburg. One half acre lots are consistent in adjoining areas. The City of Ammon
would prefer to have sidewalks to keep the school children off of the roadways in the
winter time. Ted commented that there are many issues to review, however RR2 zoning
fits well for rural single family housing.
DaVawn Beattie - Reviewed the old businesses that were in Rexburg a few years ago. He
indicated that it would be impossible to avoid change in the Community. DaVawn
recommended that the City meet with residents to work out issues and concerns with the cost of
City services and other annexation questions.
Doug Smith — Recommended that the Rural Residential areas maintain the rural setting with a
rural zone.
Jerry Hastings - Discussion on the proposed annexation zones being set up to reflect current use.
Winston Dyer - The proposed zones for the areas under consideration to be annexed have been set
up with zones to reflect the current use.
Mary Haley - Indicated some concerns with the water quality associated with the four-plexes on
the West side of U.S. Highway 20. Winston and Kurt explained the location of the water
and sewer lines that will be installed by next spring for the City. The four-plexes are currently
on City water. Discussion on land parcels and lot sizes in the area.
Jerry Hastings - Inquired about Impact fees for new developments. Winston indicated that the
City of Rexburg does require the developers of sizable developments to extend water and
sewer lines for the City in lieu of impact fees.
DaVawn Beattie - The reason for zoning is to protect existing property owners. Winston
explained the differences between City and County zoning laws. The County zoning is a
little more wide open and less comprehensive than the appropriate City zoning for a
location.
Winston Dyer - Indicated that past discussions from the Planning and Zoning Commission on the
expansion of the Impact Zone in this area favored single family residential development
with the possible exception of apparent commercial locations like Mother Hibbard's
Country Store. Winston favored the concept of a residential area.
Robert Schwartz - He has been a victim of being forced by government. Robert indicated that
the County Planning and Zoning requirements are different than the City Zoning
requirements. A lack of the proper controls have caused problems. Roberts's comments
11
favored putting the proper controls in place to protect existing land uses. He reviewed the
changes that occur in our society and in Government.
Ted Whyte - Reviewed the proposed zoning for each tract of land that the City of Rexburg is
proposing to annex into the City.
Discussion on how to proceed with the motion to annex the different tracts of land with the
associated City of Rexburg zones.
Ted Whyte — Recommended annexation of the following tracts of property into the City of Rexburg with
the
associated zones is proposed by the Planning Commission:
Tract #1 - Widdison Addition with the recommended zone of RR2.
Tract #2 - Agricultural area recommended zone is RR2.
Tract #4 - Agricultural area recommended zone is RR2.
Tract #6 - Agricultural area recommended zone is RR2.
Tract #7 - Residential area recommended zone is RR2.
Tract #8 - Residential area recommended zone is RR2.
Tract #9 - Agricultural area recommended zone is RR2.
Tract #3A - Henderson property recommended zone is LDRI.
Tract #313 - Peterson property recommended zone is MDR - existing use grandfathered.
Tract #I I - Residential area recommended zone is LDR - Consider 5h South boundary.
Tract #14 - Commercial area recommended zone is HBD.
David Stein - Commented on his concerns of the lack of an RR2 zone for the City of Rexburg.
He recommended that future annexation proposals include existing zoning options.
Winston Dyer - Reviewed the reasoning for doing this during the Zoning change process. The
Planning Commission is in the process on adding the RR2 zone to the Zoning Ordinance.
Due to timing and workload, the proposed changes to the Zoning Ordinance have not
been completed in a timely manner. Winston recommended that the annexation proposal
be contingent upon the RR2 zone being adopted by the City of Rexburg.
Kurt Hibbert - Reviewed the RR2 zoning proposal discussion that was held in a joint City Council
and Planning and Zoning meeting on September 25, 2002.
Note: Legal Council indicated that the City Council must approve the RR2 Zone as
an amendment to the current Planning and Zoning Ordinance 4725 before it will be
available to use in the Rexburg Zoning Ordinance.
Winston Dyer - The Chairman's recommendation stands that the annexations must be contingent
on the inclusion of the RR2 zone into the City of Rexburg Zoning Ordinance.
Discussed the long term use of property with storage units. The property could be redeveloped
. at a later date.
12
Winston Dyer - Reviewed the property East of tract 14'. It borders the City of Rexburg water
tank. Residential property is farther East. There are no residences in this annexation area.
Jerry Hastings - Reviewed the City of Rexburg well that sits on the East portion of tract 14. Jerry
commented on the zoning in other Cities. They have put public services in almost every zone in
their Cities.
Kurt Hibbert - Reviewed the Smith property on the overhead screen. Richard would prefer to
have 5s' South as the annexation boundary for his property.
Winston Dyer - After discussion on splitting Tract 11 at 5t° South, the Planning Commission
decided to have the City Council make the decision on the Southern boundary for that
Tract.
Ted Whyte - Reviewed the existing businesses in Tract 14 which is proposed.to be HBD. Ted
asked if Rexburg Plumbing and Heating, Leishman Electric, and other businesses being
annexed would be required to connect to City water and sewer.
Discussion on the reasons that a site would be required to connect to the City water and sewer
systems. Winston indicated that failing systems may be a reason or a majority of sites in a
location are requesting a connection.
Jerry Hastings - Recommended that residents get with City Staff in neighborhood meetings to
resolve any issues and clarify any questions that they may have concerning this annexation
proposal. Jerry recommended annexation agreements for these neighborhoods.
Doug Smith made a motion to annex parcels (Tracts) 1,2,3,4,6, 7, 8, 9, Il, & 14 as was proposed
with appropriate Rexburg City Zones attached, Conditional upon the City of Rexburg
adopting the Rural Residential 2 Zone (RR2); Jerry Hastings seconded the motion.
Discussion on having the City initiate contact with residents to have a neighborhood
meeting. Doug Smith recommended having District 7 Health Department at the
community meetings. Jerry Hastings referenced the need to have an annexation
agreement crafted at these meetings. Doug Smith amended his motion to include the
neighborhood meetings to develop an annexation agreement before the City Council
Public Hearing on the 18a' of December, 2002. Jerry Hastings seconded the amended
Motion. All voted aye, none opposed. The motion carried.
Kurt Hibbert - The City of Rexburg will organize two neighborhood meetings to address
residents' concerns over the annexation proposals. Kurt mentioned the testimony of the
County Planning and Zoning Coordinator was an indication of the concerns the County
has with rural developments being developed adjacent to the City of Rexburg. He
indicated that her testimony was unprecedented in the City of Rexburg Planning and
Zoning Public Hearing. Kurt mentioned the concerns of the District 7 Health Department
with the development of rural subdivisions. Kurt commented on a City Council meeting where
the Council recommended that the P&Z Commission address the annexation issue.
13
City Staff will attend to address the issues of the neighborhoods.
Winston Dyer — Commented for the record that the City did not make the statement that a
neighborhood would not be annexed for 3 to 5 years. He was present at the conversation
and clarified the conversation. Winston indicated that it was not a City Council person in
the discussion as reported. The annexation was already being considered when the
conversation took place.
Site Plan Review - South Hampton Apartments - Corner of 6`h South and 3'd West
- Scott Spaulding
Scott Spaulding - Reviewed the proposal on the overhead screen. Scott reviewed the changes
to the parking by shifting the buildings to the West. Snow storage is beyond the 10% of parking
requirement. John Millar indicated to Scott that the City will not allow a direct tap into the storm
sewer system at this location. There will be a swale detention area in the snow storage area that
is about 3-4 feet in depth for storm water detention. The detention area will serve as a play area
the development.
Discussion on the reason for needing a retention pond. The Storm sewer pipe is at capacity from
locations above this location. Parking is at 40% for compact cars and 60% for full size
cars. There are 128 parking stalls for the development.
Kurt Hibbert - Staff is recommending moving the curb to the south on the curved portion of the
roadway. That will add capacity to the storm detention area.
Scott Spaulding - The surveyor made the curved road into a continuous curve to smooth out the
line going around the corner.
Discussion on how 6h South connects to the development.
Kurt Hibbert — Chris Huskinson recommended that the fire hydrant needs to be elevated or
moved. Winston indicated that it is not on the property and probably should be moved by
the City.
DaVawn Beattie moved to accept the site plan with the following conditions:
1) Approval of City Staff Departments
2) Conform to all of the applicable Ordinance requirements
Mary Haley seconded the motion, all voted aye, none opposed. The motion carried.
Site Plan Review — Paddington Court - Off Mariah Ave - Westates Subdivision
Schiess and Associates = Badham Construction
Dave Montgomery— 125 N. 640 West, North Salt Lake City, Utah — This development
14
is a continuation of Cougar Court Apartments with a two level apartment commons area
building with 7 apartments in that building. There will be three 24-plex apartment
buildings with the same design as the Cougar Court Apartments. There will be a total of
79 apartments in this development. There is the required amount of parking stalls. Kurt
Rowland indicated a need for a lighted entry to the development. Dave will add lighting
to the entryway. The garbage dumpster's locations were reviewed with John Millar.
Kirt Hibbert — City Staff approved the parking density plus the layout and setbacks.
Discussion on the play area for the children. The development will have some play ground
equipment in the center area of the development. The building heights will be 2 % stories
high. It is the same design as Cougar Court.
Ted Whyte - Mentioned fair housing issues — The main floor needs to be accessible per ADA
requirements.
Winston Dyer - Sprinkling requirements were reviewed. It is a life safety issue. Three stories
would require a sprinkler system.
John Millar - The new IBC (International Building Code) will require sprinklers in January 2003.
David Stein moved to approve the site plan for Paddington Court Apartments subject to the
following conditions:
1) Meet existing Zoning Ordinances
2) Fire Department approval
3) City Staff approvals.
4) Install entrance lighting for the development
DaVawn Beattie seconded the motion, all voted aye, none opposed. The motion carried.
DaVawn Beattie — Discussion on a tree ordinance for the City of Rexburg.
Jerry Hastings - Requested that the tree requirements be included in the new zoning ordinance that
is being amended. Discussion on the appropriate trees to have in the City.
Medical Office addition - Dr. Craig Heiner — Winston Dyer indicated that City Staff provide
him with the following information: In 1985 Dr. Heiner presented a site plan for
approval showing an office expansion for his facility. The request was approved at that
time by Planning and Zoning and by City Council.
The Planning Commission discussed the neighborhood association in that area. There was some
discussion on approving the project based on the prior approval of the City. It would be
an approved use that would allow a grandfathered use based on prior approval before the
current Zoning Ordinance was adopted.
15
Winston Dyer — Commented that it would be good to approve the project based on the prior
history for the development. This would clear the record and provide a written record of
the request in the minutes.
John Millar — Discussed the history of the request.
Don Sparhawk — Indicated that the neighborhood association would probably be supportive of the
project if it was legal. He could not speak for the neighborhood association.
Kurt Hibbert — Mentioned that the City did get a request from Dr. Craig Heiner to re -visit the
1985 approval for his office expansion.
Winston Dyer - Excused Steve McGary with an illness.
New Zoning Descriptions for the City of Rexburg
Winston Dyer - Reviewed the need for additional zones in the Rexburg Planning and Zoning
Ordinance. There was discussion on the new MDR2 zone by Kurt.
Kurt Hibbert — Indicated that many of the Conditional Use requests requested in MDR Zones
would fall into the MDR2.category, He recommended moving the Conditional Use
applications currently in MDR to the new MDR2. Zone.
Discussion on the permitted uses and the allowable uses in a zone.
Jerry Hastings — Commented on moving the Conditional Use for 5 & 6 Units in MDR to MDR2.
Kurt Hibbert — Provided a handout of available zones in Moscow, Idaho, and Orem and
Provo, Utah. Discussion on LDRI and LDR2 zones.
Winston Dyer - Reviewed the zoning recommendations presented by the City. In reviewing the
information that was presented by Kurt, Winston commented on the following proposals
on page 20 of the Zoning Ordinance book:
1) MDR — Up to 16 units per acre
2) MDR2 — Up to 24 units per acre
Kurt Hibbert—Recommended moving the current conditional uses in MDR to MDR2. The
zoning applications in the handout were reviewed. Kurt recommended using some of
zones in the handout from other Cities. Dormitory housing would not be allowed in
MDR per the proposed change from MDR to MDR2.
Winston Dyer — Discussed the possibility to have a sunset clause in the zoning ordinance.
16
John Millar - Provo is developing a sunset clause called a "Project Redevelopment Clause".
Jerry Hastings — Questioned if single family neighborhoods would be protected. Jerry was in
favor of changing MDR Conditional Uses to MDR2 Conditional Uses.
Discussion on protecting single family neighborhoods from having a four-plex in the back
yard. John Millar indicated that a 24 foot driveway requirement for density higher than a
duplex would eliminate most requests for backyard developments.
David Stein — Reviewed the possibility of requiring the front entrance to face the street. He
would like to adopt that provision in the building code.
Ted Whyte — Commented that each structure would require street frontage if this provision was
applied to the Zoning Ordinance.
Winston Dyer - High and Medium density were reviewed. HDR2 was discussed and the
possibility of eliminating it. Parking and building height control density in HDR2.
Discussion on the HDR2 zoning locations in the City. Single bedroom developments only require
1.5 parking spaces per unit.
Ted Whyte— The reason for the HDR2 Zone was for one and two bedroom units.
Discussion on the apartments by Rexburg Floral. There are three 12-plexes and one 8-Plex for a
total of 44 units. They used ADA accessible ramps up to the 2°d floor.
John Millar - HDR2 requires at least 2 acres for a development.
Discussion on the existing zoning types for the City. There was a comment to drop apartments
from the LDR1 Zone.
David Stein - Reviewed options available in other Cities for LDR zoning. Examples would be
grouped housing with Density Credits.
Winston Dyer — Commented that a higher density would be allowed in a residential development
which would allow an increase in the green space or open area for the development?
Mary Haley — Discussed the density credit and how it works in a residential development.
John Millar — Requested that the new Zoning Ordinance use net acres instead of gross acres which
would eliminate the undedicated right of ways in the calculation. This would restrict
higher densities. John indicated that 7b South and 5`s West are roads that do not have deeded
right of ways.
Kurt Hibbert - Discussed Commercial zones.
l61
Mary Haley — Commented on neighborhood businesses for Rexburg. There was continued
discussion on having neighborhood businesses.
Kurt Hibbert - High Density housing needs neighborhood businesses in close proximity to those
Housing areas. Neighborhood shopping centers were reviewed. Kurt recommended
splitting the industrial zone into two zones — Light Industrial and Heavy Industrial.
Discussion on the different types of businesses that could be located in Light Industrial.
Jerry Hastings - Reviewed Moscow's and Provo's identifiers for Commercial Zones: Provo has
assigned a classification number to every business. It is probable an SIC (Standard
Industrial Classification) number.
John Millar - The only Heavy Industrial zones are for Walter's Concrete and Basic American
Foods. He requested that the Commission leave the door open to Industrial growth.
Winston Dyer — The City needs to protect the Light Industrial areas from the Heavy Industrial
uses that could be a development.
Ted Whyte — Indicated a need to transition some of the industrial areas to commercial due to the
change in transportation methods. The transportation industry has moved from rail
transportation to highway transportation.
The Commissioners discussed the list of Commercial Zones offered as examples in Kurt's
handout.
John Millar - Concurred with Kurt to provide neighborhood shopping centers zones for residential
areas.
Jerry Hastings - Referred to the Provo plan as a desirable plan for Commercial designations.
Kurt Hibbert— Reviewed a Project Re -Development Ordinance — It encourages redevelopment of
older neighborhoods. It encourages those areas to develop into a harmonious and uniform
type development. It encourages creative and efficient utilization of land. This is a
(PRO) - Planned Redevelopment Option.
Discussion of a Professional Office Overlay zones, Commercial Overlay Zones, Horizontal
Zones, Vertical Zones, and Urban Mixed Use Overlay Zones.
David Stein — Commented on the need for a Planned Unit Development.
John Millar - The City of Rexburg does have an Ordinance for a "Residential Unit Development"
and a "Planned Unit Development" in the Subdivision Ordinance:
18
There was continued discussion on current zoning for Rexburg including the Professional Office
Overlay Zone, University District, Airport District, and an Open Space Overlay.
Doug Smith — Inquired about zoning in the Rexburg Business Park. It is zoned HMD.
Kurt Hibbert — Commented on the Commission's discussion to bring into Zoning Ordinance
the Impact area zones that exist in the County. These are RR —Rural Residential and
AGI- Agricultural.
Jerry Hastings — Reviewed the concerns of the residents with AG zoning being rezoned to a MDR
or HDR zone right next to them.
Discussion on having an AG -Agricultural zone within the City. Doug Smith gave an example of a
Community in California that required an Agricultural zone within the City limits. It was
a farming zone right in the City that was used for agricultural purposes.
Seventh North was discussed as a possible area that could be annexed with an AG zone.
Winston Dyer —Indicated that the Commission needs to protect existing uses. He asked the
Commissioners about their feelings on having an Agricultural zone in the City.
Mary Haley — Commented on the properties on Pole line road that are agricultural.
Discussion on the Trans Ag name being used as an identifier for City Agricultural Zoning
instead of AGI. The differences between RRl and RR2 was reviewed. RR (Rural
Residential) will be brought into the City Zoning Ordinance as RRI. There was a
discussion on what zone to assign rural subdivisions.
Kurt Hibbert — Will provide new zoning descriptions to the Commission for review before the
next meeting. Design criteria was discussed for a subdivision ordinance.
John Millar — Indicated that there are two areas of discussion for design criteria. Setbacks,
minimum lot widths and minimum square foot needs to be defined in chapter 3. The
second area is road development issues.
Discussion on having a zone that would not require a sidewalk. Discussion on sidewalks for
pedestrian traffic.
Ted Whyte - Iona had some subdivisions without sidewalks. They regret that decision.
Winston Dyer - Asked the feelings of the Commissioners on having sidewalks in rural subdivisions.
The cost of sidewalks is an issue.
Mary Haley—Review previous discussions on sidewalks in rural subdivisions. She thought that
those subdivisions would not be required to have sidewalks.
W1
Discussion on having a walking path for children that walk down a street to catch a school bus.
The City could create an LID to require sidewalks in a rural subdivision.
Ted Whyte — Proposed to have sidewalks on the East side of Highway 20 with curb and
gutter. The subdivisions West of Highway 20 would not be required to have sidewalk,
curb and gutter.
Kurt Hibbert — Additional zones that are used in Orem and Provo may be considered.
Winston — Indicated that specialize zoning may be done by a permitted use approach in an
appropriate zone. The State statutes would have to be followed allowing for proper
setbacks.
Jerry Hastings moved to accept the new and revised Zoning District classifications to be
recommended to City Council for adoption and implemented into the amended Rexburg
Zoning Ordinance for Rexburg, Ted Whyte seconded the motion, all voted aye,
none opposed. The motion carried.
Adjourned - November 22, 2002 (12:06AM)
20
MINUTES OF THE CITY COUNCIL
December 18, 2002
7:30 A.M.
STATE OF IDAHO, )
County of Madison ) SS.
City of Rexburg; )
Present were the following:
Mayor: Mayor Bruce Sutherland
Council Members: Glen Pond
Shawn Larsen
Marsha Bjonm
Paul Pugmire
Donna Benfield
Nyle Fullmer
P&Z Administrator: Kurt Hibbert
City Clerk: Blair D. Kay
PFC: John Millar
City Attorney: Stephen Zollinger
Pledge to the Flag
1. Consent Calendan: The consent calendar includes items which require
formal City Council action, however they are typically routine or not ofgreat
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 the November 26, 2002 meeting
b. Approve City of Rexburg bills
C. Approve Amended Plat for Parkside Planned Residential
Development Lots 1.7(Adding zero lot line duplexes Approved by
Planning & Zoning)
Donna Benfield moved to approve the Consent Calendar as presented to the Council; Paul Pugmire
seconded the motion; all voted aye, none opposed. The motion carried
Non Controversial Items Added to the Agenda — None added
New Business:
Adopt the 2000 International Building Code:
Val Christensen — Reviewed the 2000 International Building Code with the City Council.
He commented on the additions and changes to the Code from the 1997 Building
Code. The following changes were discussed:
Current New
1997 Uniform 2000 International
Building Code Building Code
1998 International 1 & 2 Family
Dwelling Code----------------------------------- 2000 International Residential Code
1997 Uniform Mechanical Code-------------- 2000 International Mechanical Code
1997 International Fuel Gas Code------------ 2000 International Fuel Gas Code
1996 Uniform Plumbing Code---------------- 2000 International Plumbing Code
1999 National Electric Code------------------ 2002 National Electric Code
1997 Rexburg City Fee Schedule------------- 2000 Rexburg City Fee Schedule
1997 wind load minimum 80 MPH----------- 2000 wind load minimum 85 MPH
Addition to the Building Code---------------- 2000 International Conservation Code
Exemptions the Building Code---------------- Agricultural Buildings
Rexburg window wells -24 inch min.--------- Rexburg window wells -24 inch min.
(to prevent snow from falling into the window wells from the roof)
Paul Pugmire — Commented on the need to communicate the changes to the local
Building Trades people. Val indicated that there have been several symposiums
(workshops) for local trades people in Idaho Falls and Rexburg. Paul asked
who attended the training? The City of Rexburg sent out over 100 letters to
design professionals and contractors in the area. They were invited to attend the
training meetings. The proposed changes were discussed in these meetings. The
local contractors group advertised these meetings with their group.
Val Christensen — Indicated that the contractors will have to do additional work to
comply with the new International Conservation Code. The additional cost for
compliance will pay for itself in a relatively short time. Idaho Falls has been
using the Conservation Code for about five years. Val indicated that the Energy
Code was a State Law.
Paul Pugmire — Questioned the late presentation of the final document to the Council
which needs to be in place January 01, 2003. The City Council will need to
suspend the rules to pass this Ordinance on the first reading.
Stephen Zollinger — Reviewed the history of the International Building Code. It has been
in place for about a year with the State of Idaho. Any City that has code
enforcement must use the International Building Code. The City of Rexburg is
adopting the International Building Code with some additions and exceptions.
Those exceptions are listed in the Ordinance. Stephen discussed the changes to
the IBC that the City of Rexburg has included in the new Ordinance. Several
changes were recommended to the City of Rexburg by other Cities that would
improve the Ordinance. State Statute requires the adoption of the 2000
International Building Code if the City of Rexburg intends to have a Building
Code. The UBC can not be used after the 3I't of December 2002.
Paul Pugmire — Continued discussion on the IBC. He objected to having the Council
suspend the rules to adopt this by January 01, 2003.
Stephen Zollinger — Commented on the recent history of the City of Rexburg's review
of the 2000 International Building Code. Val has spent the past four months
reviewing the new Building Code to clarify or recommend changes in the new
Building Code that would meet with Rexburg's building requirements. The
Ordinance before the Council represents the best efforts of the City of Rexburg's
Staff to have an enforceable Ordinance. Stephen indicated that the City of
Rexburg's legal Department recommends passage of the Ordinance as presented
to the City Council. Val has reviewed the Ordinance and modeled it after the
City Council's current Building Code Standards. Stephen indicated that the
Ordinance does not contradict or interfere with what the Council has established
over the past several years.
John Millar — Recommended passage of the Ordinance.
Stephen Zollinger — Suspension of the rules requires a majority vote. Four out of five
Council Members could suspend the rules.
Paul Pugmire — Objected to the suspension of the rules to pass this Ordinance. Paul
would like to hear from the Trade Members on this new Ordinance.
Stephen Zollinger — Gave additional comment on the need to pass the 2000 Building
Code Ordinance as required by State Statute. The input from the Trades people is
always welcome; however, any comments from the Community would not allow
modifications to the International Building Code. The Council was notified
approximately a year ago of the need to adopt the International Building Code.
The Council is being asked to adopt the IBC with the inclusion of a Fee Schedule
for the City of Rexburg. It is the same fee schedule used by the City in the 1997
Building Code. The City has brought the IBC into conformance with City's
personnel manual.
Paul Pugmire — Asked that the City maintain the policy of having three readings of any
proposed Ordinance. Paul strenuously objected to suspending the rules to adopt
this Ordinance on the first reading.
Stephen Zollinger — Stephen apologized for the short time frame for adopting this
Ordinance. He will allow more time in the future to allow three readings.
Shawn Larsen — Reviewed the City's fee schedule with Val.
Val Christensen — The City of Rexburg has been using the fee schedule from the 1997
Uniform Building Code.
Donna Benfield — Commented on her agreement with Marsha's comments.
Discussion on the heavy schedule that the Building Department has been evolved with
the past few months. Val compared the City's volume of building permits with
the City of Idaho Falls. He indicated that the City of Rexburg has 1/3 the City
Staff as Idaho Falls and 3 to 4 times the work load.
Mayor Sutherland — Reviewed the growth of the City of Rexburg and the need to pass the
International Building Code Ordinance. The City has been extremely taxed.
Val Christensen — The Building Department is taxed and has been functioning at about
five times the normal work load. The Department is behind on everything.
Donna agreed with Val's comments on the work load for the City Building
Department.
Nyle Fullmer moved to suspend the rules to allow passage of the International Building
Code Ordinance with one reading; Marsha Bjomn seconded the motion;
Those Voting Ave Those Voting Nav
Nyle Fullmer Paul Pugmire
Glen Pond
Marsha Bjornn
Donna Benfield
Shawn Larsen
The motion to suspend the rules passed.
Mayor Sutherland reviewed the name of the Ordinance for the International Building
Code to be adopted by the City of Rexburg.
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Nyle Fullmer moved to adopt the International Building Code by the City of Rexburg
(Ordinance 888); Glen Pond seconded the motion;
Those Voting Ave Those Voting Nay
Nyle Fullmer None
Glen Pond
Marsha Bjomn
Donna Benfield
Paul Pugmire
Shawn Larsen
The motion carried.
Zoning Ordinance 725 Amendments — Rural Residential Two
- Recommended by the Planning and Zoning Commission - Kurt Hibbert
Kurt Hibbert — Reviewed the proposal with the Council Members and the Mayor.
Discussion on the process to amend the current Zoning Ordinance No. 725.
Marsha Bjornn — Thanked the Planning and Zoning Commission for their work on new
Rural Residential Zone (RR2).
Nyle Fullmer — Questioned the sidewalk requirements. Nyle requested information on
the City of Rexburg's requirements for installing sidewalks with a Local
Improvement District (LID).
Kurt Hibbert — Gave the conditions that would initiate a sidewalk on properties. As
properties are sold sidewalks would be required. Also, if the property is
developed a sidewalk would be required. This is the same throughout the City of
Rexburg. A City LID could be used to help finance a sidewalk project on a street.
There was extensive discussion from the Planning Commission to have a zone
that did not require a sidewalk. The Commission sited several areas in Bonneville
County like Iona and Bonneville County that have streets with sidewalks and
streets without sidewalks. Communications from a Commission member back to
the Planning Commission on this issue indicated that Iona and Bonneville County
were unhappy with the concept of developing streets without sidewalks. The
Planning Commissions unanimous consent was to require sidewalks in RR2.
Shawn Larsen — Asked Kurt for clarification on the need for Rural Residential Two (RR2).
Kurt Hibbert — The City of Rexburg has been looking for an agreeable zone that would
accommodate a limited use street or a dead end street. Existing rural
neighborhoods would be allowed to keep their rural atmosphere. They would be
isolated areas that are not expected to have transportation routes developed.
Local examples of this type of zoning are in Bonneville County. The grass is
grown right up to the pavement. Storm water can be handled on site without
being tied into a central storm water system in a planned RR2 Zone.
Shawn Larsen — Reviewed the profile of the road in an RR2 zone. There would be a
roadway without curb and gutter.
Kurt Hibbert - The roadway would be 34 feet wide with drainage areas on the side of the
road and sidewalks behind the drainage areas closer to the homes.
Glen Pond moved to have the first reading of City of Rexburg proposed Ordinance for
the adoption of a Rural Residential Zone (RR2); Marsha Bjornn seconded the
motion; Discussion: As a fust reading, two more readings will follow before the
Zone can be adopted by the City of Rexburg. All voted aye to have the first
Reading; none opposed. The motion carried.
Green Belt — Review a parcel for property that may be included into the Green Belt
Plan - Madison County Commissioners
Kurt Hibbert — Reviewed the TriCounty Equipment property with the Council Members
and the Mayor. The City of Rexburg has be communicating with the potential
buyers of this parcel and the property owner for some time to establish a green
belt on the Rivers edge. It is located between 2nd East and the Rail Road Track.
Cameron Gunter —1082 East 1200 South, Springville Utah — Gave comments to the
City Council concerning a proposal to develop the site where TriCounty
Equipment is located. He mentioned that County Commissioner Muir was unable
to attend to discuss the issue. Cameron's Development Company and several
other partners have made an offer to purchase the site for a development.
They plan to bring into the City some retail and entertainment businesses.
They are seeking a mixed use zone to develop the property. In order to bring in
the retail businesses, a South boundary line needs to be clarified on the property
next to the Teton River. There is a cloud on the Title concerning a boundary with
the City of Rexburg. Cameron would like to work out a boundary line agreement
with the City to remove the cloud from the property title.
Cameron discussed the option of a property exchange with the City to help with a green
way project for Rexburg. They would like to turn the land South of the disputed
boundary line over to the City as a contribution to the City greenway project.
Mayor Sutherland — Indicated that Legal Council for the City of Rexburg is familiar with
situation and would be able to work out an agreement with the owner to
remove the cloud from the title while providing land for the City of Rexburg
green way project.
Stephen Zollinger — Asked the Council to take action on the property exchange to allow
the proposal to go forward. This issue has been under review for the past two
years.
Paul Pugmire moved to authorized Legal Council enter into an agreement with the owner,
Burton Donahoo Properties to bring into City of Rexburg ownership of green
way access along the Teton River and quit claim back to the Burton Donahoo
Properties those parcels necessary to clean up the boundary line; Nyle Fullmer
seconded the motion; all voted aye, none opposed. The motion carried.
Rexbur¢ Employee Committee — Reauest a Holiday exchange
- Toni Coronado/Todd Davison
Todd Davison — Requested a Holiday swap with Veterans Day and
Martin Luther King Day.
Glen Pond — Requested if this affects the Emergency Services group contract?
Stephen Zollinger — Mentioned that Emergency Services do not have Holidays. They do
receive Holiday pay.
Marsha Bjornn moved to exchange Veterans Day for Martin Luther King Day as
proposed; Donna Benfield seconded the motion;
Those Voting Ave Those Voting Nav
Nyle Fullmer Paul Pugmire
Glen Pond
Marsha Bjomn
Donna Benfield
Shawn Larsen
The motion carried.
Public Hearings:
Mayor Sutherland introduced the Public Hearing to the public. A two minute limit was
requested for testimonies. The Mayor indicated that applause is not appropriate.
7:35 p.m. - Annexation and a zone change from Madison County zoning to Rexburg
zoning for ten properties.
Area One: Annexation of Properties between US Highway 20 and 2000
West in Section 25 with some properties located on the East side of US
Highway 20.
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Area Two: Annexation of Property at 1647 West 1000 South
Area Three: Annexation of Properties on both sides of South
Millhollow Road from 350 — 700 South Millhollow Road
Area Four: Annexation of Properties at 1050 North 2nd East
Brent G. Harris — 1903 West 190 South - Read a statement from both residents on the
East and West side of Highway 20. There are only three families that did not sign
the petition which indicated a negative response to the annexation proposal for the
Widdison Subdivision. These three families are out of town. Brent read the
statement from the neighborhood. The letter will be on file. The tone of the letter
indicated a desire to post pone the annexation of their properties. The
neighborhood requested a response from the City of Rexburg on the following
issues:
1') Preserve the well maintained and established landscaping.
2) Keeping the Widdison Street at 60 ft. to avoid destroying landscaping.
3) Eliminate curb, gutter, sidewalk and City LID improvements for
15 years.
4) Allow domestic animals that do not cause a nuisance.
5) Install both water and sewer lines at the same time and have the
developer pay for the frontage fees. Water and sewer connections
need to be on an as needed basis.
(Avoid the 18 month connection requirement for sewer)
6) Allow research on other matters listed below:
a) Jake brake restrictions
b) Signage of a dead-end street
c) Reduce speed limit on 2000 West and Main street
d) Traffic light at the intersection of 2000 West and
Main Street.
Brent concluded his remarks.
Russ Van Allen — 932 South 1560 West — or the new address — 635 Casper Ave.
Russ agreed with Brent Harris and his comments. Russ complained about the
long time period to install facilities in his area. His footage along the street will
cause excessive costs for front footage fees. He commented on some of the
reasons for the City of Rexburg wanting to annex the land in his area. Russ
requested information on a report that the City of Rexburg has referred to in
previous planning meetings concerning the Health Department requiring a central
sewer system in his area. He is opposed to this annexation due to the lack of valid
information.
Kirby Forbush — 3800 West 1000 North - Commented on his proposal to annex his
property. Kirby commented on the area West of Hwy 20. District Seven Health
Department will not allow septic systems in that area of concern unless they are
upgraded to an enhanced septic system. These new systems are extremely
expensive. Kirby commented on the reasons why the area needs to be put under a
central septic system. The County denied his request to put individual wells and
enhanced septic systems on one acre lots in his development. This refusal by the
County was primarily on the recommendation of District Seven Health Dept.
Madison County asked him to approach the City of Rexburg to obtain City
services for a proposed development on his 40 acre piece of land. He commented
on the Willow brook Subdivision not being required to connect to the City of
Rexburg services at this time. Kirby agreed with the comments given by Brent
Harris. He agreed that a that a new development can install services easier than
an existing subdivision.
Kent Johnson — Rexburg Plumbing and Heating — They are in area four of this annexation
proposal. Kent commented on a private property easement that has been given the
name of American Way. He is opposed to that street name. Kent indicated that
Rexburg Plumbing and Heating does not want to change their business practices
due to the annexation proposal. U. S. Welding provided comments to Kent that
their tanks are safe and they want to continue to operate their business at the
current location if annexed.
Eric Erickson — 1573 West 190 South - He agreed with the comments of Brent Harris.
Eric indicated that the information has changed from the Planning and Zoning
meeting to this meeting. He indicated that there is not enough information to
make a decision. Eric would like the annexation process to go at a slower pace.
He would prefer individual property annexations instead of larger parcels.
Barrett McCoy — 882 Willow Brook Circle — Read a statement from the Willow Brook
residents. They would prefer not to be annexed. They requested more
information on the RR2 Zone. They would like to keep a rural setting. They
requested a 15 year moratorium on connecting to City of Rexburg services.
Their request was similar to the Widdison Addition resident's requests given by
Brent Harris. They are concerned with the access for a new development in their
area. They have concerns with City snow removal for their neighborhood.
Mayor Sutherland — Commented on two letters given to the City Council from
Fenton & Carol Broadhead at 1888 West 190 South and Kent Johnson.
Mindi Lucas — 950 South 2000 West in the Willow Brook Subdivision — They are
requesting more time and more details on the costs for annexation. She asked if
this is part of an overall annexation plan. The group would like to see the long
range plans for annexation.
Mayor Sutherland — Applauded the residents for their attitudes and behavior. Mayor
Sutherland discussed the long range plans for annexations into the City of
Rexburg. Mayor commented to the public on the need for Rexburg to change and
make the necessary changes to accommodate growth. Mayor thanked everyone
for their courtesy and politeness.
Public Testimony was closed.
Marsha Bjornn — Reviewed the time frame for proceeding with two more readings of the
annexation proposal.
Mayor Sutherland — Reviewed the process of reading the Ordinance three times before
any official action on the proposed Annexation Ordinance can be taken. The third
reading would have the final changes included before a vote is taken on the
proposal.
Paul Pugmire — Commented on the review needed to be done on the proposed draft
Ordinance before the third reading.
Paul Pugmire moved that the draft Ordinance for annexation of ten properties into the
City of Rexburg has its first reading; Glen Pond seconded the motion;
Those Voting Ave Those Voting Nav
Nyle Fullmer None
Glen Pond
Marsha Bjornn
Donna Benfield
Paul Pugmire
Shawn Larsen
The motion carried.
Paul Pugmire — Agreed with the Mayors comments on the tone of the meeting. He
thanked Brent G. Harris for his input in the meeting. Paul indicated that it is
vitally important to consider what the Council and residents want their town to be
like in 20 years. Paul indicated that would include what the boundaries for the
City will be like in 20 years and what the infrastructure of the City will be in
20 years. Also, what the composition of the Community will be in 20 years.
Paul reviewed the animosity that can be created which could last 20 years if the
City of Rexburg does not act appropriately and think the process through
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carefully. Paul thanked everyone who gave thoughtful input into the meeting.
Paul Pugmire — What do we want our town to be like in 20 years? Boundaries,
Infrastructure, etc. Paul mentioned that animosity could last for 20 years.
He commented on the problems Boise has had in West Boise. Paul recommended
a thoughtful and considerate pace agreeable with the neighborhoods.
Shawn Larsen — Reviewed with Kurt the following questions:
1) If RR2 is passed, would the road need to be widened? Kurt indicated that it is not the
intent of the City of Rexburg to widen the street in the Widdison Addition.
2) What is the plan for running water and sewer through the Widdison Addition?
John Millar indicated that the City would run the water line through the existing right-
of-way in the Widdison Addition. That would serve the area West of US Hwy 20
along 12th West. A waste water line has been extended to the South East comer of
the Widdison Addition on the East side of US Hwy 20. That waste water line would
be extended West to handle the East side of the Widdison Addition.
The West side of the Widdison Addition would be served by a line on 12th West if
approved by the City Council. This line could cross Hwy 33 and serve those
locations North of Hwy 33.
3) If the Widdison Addition is not annexed, how will the Madison Coop property
be served with water and sewer? John Millar indicated that they would be
served the same way with or without annexing the Widdison Addition. The
proposed annexation is not to provide City services to the Coop facility. John
indicated that the proposed annexations are to provide overall developmental
growth in the area for handling water and waste water through the whole area.
4) Can annexation fees and frontage fees be exempted? John indicated that the
fees are governed by City Resolutions and City Ordinances. Any deviation
from the City of Rexburg Ordinances or regulations would have to be
addressed by the City Council.
Discussion on putting City of Rexburg services in County right-of-ways. John indicated
that the City of Rexburg would use a right-of-way use agreement with the County
to install these facilities.
Marsha Bjornn — Asked how long the process has taken for this annexation proposal?
Kurt Hibbert — Reviewed the history of the current request for annexation. He mentioned
that it was first reviewed by City Council in an information meeting before it was
put on the Planning and Zoning Agenda. There was some discussion of the
proposal in August or September. Kurt indicated that neighborhood meetings
11
were held before the City Council Public Hearing.
Paul Pugmire — Reviewed the list of items with John Millar that Brent G. Harris
mentioned in his testimony. John responded with the following list:
1) Maintaining existing landscapes which came from the anticipated road width
requirements in the RR2 Zone (Existing 60 foot roadway to a 70 foot
roadway). John indicated that the City could not widen the road to the RR2
road width of 68 feet without purchasing property from the landowners. John
recommended grandfathering the 60 foot roadway for the annexation
proposal.
2) John indicated that item No. 2 referenced the 60 foot road right of way.
3) Eliminate curb, gutter, sidewalk and City LID improvements for
15 years. John mentioned the proposed RR2 Zone does not require curb
and gutter. The RR2 Zone would provide adequate drainage with sloping
landscaping features at the edge of the roadway.
Discussion on the sidewalk issue. John indicated that sidewalks are not driven
By Zoning. Sidewalks are required by a City Ordinance which is beyond the
scope of the Planning and Zoning Commission. The Sidewalk Ordinance
requires a sidewalk when the property changes hands or if the property is
developed. Also, a sidewalk is required when more than 50% of the street
sidewalks are installed. The City can do a Local Improvement District (LID)
to close the gaps in the sidewalks on City of Rexburg streets. John mentioned
that a major street improvement project could create the need for a
sidewalk LID.
4) Allow domestic animals that do not cause a nuisance. John commented on the
fact that City Ordinance does prohibit livestock (horses, cows, pigs, etc.)
within the City limits. Pets are allowed ( dogs, cats, fish, rabbits, turtles, etc.).
Planning and Zoning recommended that RR2 Zoning prohibit livestock.
Existing livestock would be grandfathered. Grandfathering runs with the
property not with the owner. It the use of livestock is abandoned for a period
of 12 months, the property would loose its grandfathered status.
5) Install both water and sewer lines at the same time and have the developer pay
for the frontage fees. Water and sewer connections need to be on an as
needed basis. (Avoid the 18 month connection requirement for sewer)
John commented on this item as being a City Council decision. The Council
could make an agreement with property owners.
Discussion on transferring installation costs for water and sewer lines to a
developer.
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Stephen Zollinger indicated that there is not a method available to the
Council to have the developer pays for the cost of water and sewer line
installations. Long runs of City water and sewer trunk lines are often times
passed on to the end user, if there are no interim users. Stephen could not recall a
circumstance where the City required a developer to stand the cost of services
beyond his own private property boundaries, where the system expansion was for
the benefit of the City of Rexburg.
Discussion on the hook up fees charged for the 5a' West annexation properties.
John Millar indicated that most of the properties were already connected to City
water and sewer services. Paul Pugmire indicated that the City waived the front
fee charges because they were already on City services.
John Millar — City Ordinance does not require an instant hook up to City water
and sewer services. He indicated the Ordinance does require sewer hook up if the
line is within 300 feet of the property within 18 months.
6) Allow research on other matters listed below:
i. Jake brake restrictions
ii. Signage of a dead-end street
iii. Reduce speed limit on 2000 West and Main street
iv. Traffic light at the intersection of 2000 West and Main Street.
John Millar — Indicated that the City could enact an Ordinance or possible use an
existing noise Ordinances that may apply to jake brake noise.
Street signs would gladly be implemented. Reducing speed limits on 12 West is
up to the County. However, the City will study the issue to determine a
reasonable and safe speed on that road. Hwy 33 is a State Highway and the City
can make recommendations to the Highway Transportation Department on
recommended speeds for the area. The traffic signal light is governed by the State
guidelines under the State manual on "Uniform Traffic Control Devices". Studies
by the State Transportation Department are used to recommend traffic lights.
Shawn Larsen — Clarified the connects policy for the City of Rexburg.
John Millar - Indicated that residents are not required to hook up to the water line upon
installation of the water line. The resident could defer the water connection,
frontage fee, and the private property cost to connect to the system to a future
date. The existing domestic water system could be used for yard watering
purposes if it is not connected to the City water system.
Shawn Larsen — Reviewed the annexed property owner's options with garbage services.
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John Millar — The current City Ordinance does not allow a resident to choose an
alternative garbage service. They must use City of Rexburg garbage services.
Nyle Fullmer — Reviewed the 300 foot requirement with John for sewer connections.
John indicated that if the sewer is in front of the home and is a reasonable
connection absent of a canal or some other barrier, the City of Rexburg Ordinance
requires sewer connection with 18 months of availability.
John Millar — Reviewed the location of the proposed sewer line for the City of Rexburg.
He indicated that a sewer lift station would be required for 7" South and 12`a
West. The sewer line is available at the Erickson Pontiac property on West Main
Street. To take this existing line West across Hwy US 20 would cost of $200.00
to $250.00 per foot to do a bore for the line. This line may or may not be able to
serve the Widdison Addition due to elevation. The property in the area slopes
towards the West and South. The sewer line would have to slope towards the
North and East to reach the current sewer lift station. John reviewed the proposed
locations to serve the West side of Hwy 20 with City water and sewer lines at
least cost.
Comments on a sewer failure in the Widdison Addition on the East side of Hwy US 20.
District 7 Health Department will not issue a permit for reconstruction of a failed
system if there is a reasonable alternative. They may require a sewer line
extension from the City of Rexburg to serve this failed system.
Donna Benfield — Commented on the rumor of a ground water contamination report for
this particular area.
John Millar - Indicated that he talked to Cindy Johnson at District 7 Health today. They
do not typically get involved in a water quality Study for a small area. John
indicated that there is documented evidence that the Hibbard area has ground
water contamination with increased nitrate levels. There are water wells in the
Burton area that have been re -drilled due to ground water contamination. Nitrate
levels by themselves is typically not a serious contaminate; however, it does
indicate ground water degradation. John mentioned that homes in the
Willow brook Subdivision have installed newly construction septic systems
approved by District 7 Health. John commented on the fact that the discharge of
waste water into the ground contaminates ground water. At some point the
density of waste water discharge into the ground will make the ground water non -
drinkable. It is an accumulative effect. Does the City of Rexburg want to wait
until the ground water is contaminated before the City of Rexburg acts to correct
the situation? John indicated that it would be a poor decision to wait until the
ground water is contaminated before the City acts on the problem.
Donna Benfield — Asked for an opinion on the cost estimates to provide City of
Rexburg services for water and sewer. The residents provided an example of
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the cost to connect to City water and sewer. John commented on the following
cost in the Belnap connection estimates as follows:
Front footage Charge $10.00 per foot for water
Front footage Charge $10.00 per foot for sewer
Water Connection fee $1,100.00
Sewer Connection fee $575.00
Water Meter and Parts for % inch line is $307.00
Septic tank pump out — estimated at $100.00
Contractor price to remove septic tank — undetermined
Installation of private sewer line — undetermined
Sprinkler line repairs — undetermined
Sidewalks - $12.00 per liner foot
The Belnap connection costs could run $10,000 to $12,000 per John Millar.
Marsha Bjomn — Inquired of the City Staff on the reasoning to annex all of this area at
one time. The City of Rexburg is working towards doing business in a proactive
position.
Kurt Hibbert — Reviewed the reasoning to avoid parcel based annexations. It is a poor
planning tool. It eliminates the City's ability to truly plan for City development.
The City can plan for the extension of City services in the Community with less
cost by taking areas into the City of Rexburg in logical blocks. It is a fair
approach to treat everyone the same on annexation issues. This allows whole
neighborhoods to plan for annexation.
Discussion on sending requests or information to each member of the Council as
a group by Email.
Discussion on the tax changes to agricultural lands when annexed. Stephen Zollinger
indicated there would be some changes due to the fire district fee allocations between the
City and the County.
The second reading of this annexation proposal will be January 08, 2003.
The third reading of this annexation proposal will be on January 22, 2003.
Mayor Sutherland — Indicated that questions and concerns can be Emailed to the City
Clerk and the Clerk will forward the information onto the City Council as
a group.
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Annual Licensing - Requesting annual approval of Beer and Wine Licenses
Mayor Sutherland — Read the requests for the following licenses:
2003 BEER LICENSES
ALBERTSON'S #171
P. 0. Box 20
Boise, ID 83726
Albertson's
490 N. 2nd East
356-0555
Kevin Stevens
BROULIMS
124 W. Main
Rexburg, ID 83440
356-4651
HORKLEY'S SELF SERV
39 South 2nd West
Rexburg, ID 83440
356-9271
Alisa Smith
HORKLEY'S SELF SERV
1021 N. Salem Rd.
Rexburg, ID 83440
356-9857
MAVERICK COUNTRY STORE
12 South 2nd West
Rexburg, ID 83440
356-0892
Rachel Wiley
MAVERICK COUNTRY STORE
75 North 2nd East
Rexburg, ID 83440
356-3672
Susanne Wilson
Rl
ONE-STOP CONVENIENCE STORE
1700 West 1500 South
Rexburg, ID 83440
356-4942
David M. Williams
TETON LANES ($200.00)
P. 0. Box 905
Rexburg, ID 83440
356-0777
Richard Marler/Troy Hess
JALISCO'S ($200.00)
240 N. 2°d East
403-6677
Manuel Pelayo
Owners:Rhonda or Humberto Ponce
Nyle Fullmer moved to approve the request to renew the beer licenses; Paul Pugmire
seconded the motion; all voted aye, none opposed. The motion carried.
ALBERTSONS #171
P.O. Box 20
Boise, ID 83726
490 N. 2nd East
Rexburg, ID 83440
356-0555
HORKLEY OIL
1021 No. Salem Rd.
Rexburg, ID 83440
356-5011
HORKLEY SELF SERV
30 So. 2°d West
Rexburg, ID 83440
356-9857
2003 WINE LICENSES
17
JALISCO'S RESTAURANT ($200.00)
240 N. 2nd East
Rexburg, ID 83440
403-4028
Humberto Ponce
Glen Pond moved to approve the Wine License renewal requests; Shawn Larsen
seconded the motion; all voted aye, none opposed. The motion carried.
Old Business — None
Update on Proiects
Water and Sewer Connection Fees for existing parcels that add additional units
Deferred to a future meeting.
Maximum front lot coverage for hard surface (]Increase from 30% to 40%)
John Millar - John addressed the 30 % minimum front yard hard surface coverage issue.
He explained that three car garage homes violate the rule on a small City lot.
John recommends the minimum hard surface area be increased to 40%. A lot
with 100 feet frontage could only have 30 feet of driveway and sidewalk.
Discussion on the reasons to allow an increase in the front yard hard surface area.
Shawn Larsen moved to increase the front yard minimum hard surface area to 40%;
Glen Pond seconded the motion; all voted aye, none opposed.
The motion carried.
Street names:
John Millar — Requested road name changes:
Widdison Addition has requested Widdison lane or Widdison Street or
Widdison Way. The Address Committee prefers East Widdison and
West Widdison.
Discussion on other possible names for the Widdison Addition.
Stephen Zollinger — Indicated that the City could not accept East and West
Widdison Street.
In
Shawn Larsen moved to have John Millar request the neighborhood's preference for the
name of the City Street at the Widdison Addition; Marsha seconded the motion;
Those Voting Ave
Paul Pugmire
Glen Pond
Marsha Bjornn
Donna Beheld
Shawn Larsen
The motion carried.
Those Voting Nav
Nyle Fullmer
Cemetery road —1500 North was discussed for a name change.
John Millar — Indicated that the citizens at this location would prefer to have a new name
for this road. They have requested the name of Moran View Street.
The City identifies the road as 1150 North which is a County address.
Marsha Bjomn moved to change the name of Cemetery Road to Moran View Drive;
Shawn Larsen seconded the motion;
Those Voting Ave
Nyle Fullmer
Glen Pond
Marsha Bjornn
Donna Benfield
Shawn Larsen
The motion carried.
Stationery Place:
Those Voting Nay
Paul Pugmire
John Millar — Indicated that a Business on Stationery Place has requested the name
change to Stationery Street. This would allow them to maintain there address of
`One Stationery Place'. The City address would be 360 East Stationery Street for
this location.
Shawn Larsen moved to change Stationery Place to Stationery Street; Paul Pugmire
seconded the motion; all voted aye, none opposed. The motion carried.
Moody Highway: Discussion on leaving the name as Moody Highway the same from
end to end.
19
Barney Dairy Road: Name change deferred to a future agenda — Several names
were submitted.
Committee Reports — None
Mayor's Business - None
Adjourn
Blair D. Kay, City Clerk
Bruce Sutherland, Mayor
9C
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mailbox:///Cl/Documents%20and%20 Settings/blairk/Application%...
Dec. 20, 2002
Dear City Council,
I would like to express a few concerns before it is to late to do so. First I would like to invite any or all of you
to come out to the Widdison Addition and look at all the landscaping that has taken years to do that would be torn
out with a sidewalk. The sidewalks in many cases would be very close to a number of the homes. In my case, we
have.planted trees to try and block the ever increasing traffic from highway 20 and to have them ripped out makes
no sense to me. A sidewalk in front of our house leads to where? It leads to the high fence to keep people off of
the freeway. There is an empty county lot across from us also and so sidewalks for me mean nothing but disaster.
PLEASE DO NOT PUT SIDEWALKS IN, THEY MAKE ABSOLUTELY NO SENSE IN THIS
NEIGHBORHOOD. Come out and look at this and you will see for yourselves.
I was disturbed at the Wed. Dec. 18th meeting. It seemed that every comment after the public meeting was
directed to Brent Harris (who was my bishop and also a good friend). There were no questions or comments for
Russ VanAllen and Barry McCoy. In fact, during Barry's reading, there was a lot of whispering going on and not
much attention being paid to him. It is also disturbing to see a city council making decisions that will have an
extreme effect on us financially and not one of you seemed to know what the cost would be to our subdivision. I
would think that when government decides to place such a burden on people, they first ought to calculate what
that burden will be. But again, I can't see that any effort has been made by the Planning and Zoning Commission
or the City Council to 'FIRST' take a look at the consequences of your vote. If I am wrong on that I apologize, and
please correct me if you indeed had already taken that into consideration.
The last thing is that I am concerned about has to do with the cost of being annexed. There are a number of
elderly people who simply will not be able to afford the high cost. Most of our homes have the existing sewer
outlet at the back of our homes. We also have much bigger yards and wider frontages and so our cost will be
much greater than that of someone already in the city on a small lot. We chose our lots because of the rural
setting, we did not choose to be annexed. Many of us will have to take out 2nd mortgage on our homes to pay all
the costs and for what??? I have two septic systems and my well has worked well for 30 years. There may come
a time when those things will fail, but the city also has parts of it's system that fail and have to be repaired at
regular intervals
My family has had very high medical bills to pay for a number of years. Of course this is true for many
families in the whole county and city, but for us right now, it represents the reality of our financial situation.
These bills were so high that even with our insurance we got hit hard. We have tried hard to get these bills paid
for years without assistence from anyone or any gov't agency. When BYU-I lost its athletic program, my salary
went down, not up as some suppose. With another thing like this to worry about, it just seems like we can't win. I
- juston tnohow we are going to do all this and it is very discouraging to me. We don't have to always do what
other cities do; we don't have to annex all properties within the impact zone. What advantages are we receiving?
To summarize, this has been an awful thing to have to deal with right before Christmas. Things have moved so
fast that it appears that their is a lot of confusion with the citizens as well as the city. We have been given so
many differing opinions from the Planning and Zoning Committee that frankly we don't believe what anybody
says to us. It is a hopeless feeling. You are all good people and I believe we all recognize that. Please put
yourselves in our position and take a serious look at our neighborhood both with your eyes and your mind. If we
do get annexed, we will do the best we can I can promise that, but please consider seriously the physical and
1 of 2 12/20/2002 11:09 AM
P
mailbox:///CJ/Documents%20and%20S ettings/blairk/Application0%
financial consequences of the decisions you will be making. I hope I have not offende and I hope I have not -
written this on emotion of the moment only. I care about being a good citizen, but I also have an opinion that I
wished to share.
Sincerely, Ferron E. Sonderegger
2 of 2 12/20/2002 11:09 AM
I
mailbox:///Cl/Documents%20and%20Settings/blairk/Apphcation%20Da...
Dear Mr. Kay,
Will you please forward this message on to the mayor and the city council members? I would appreciate it very much-
Sincerely,
uch
Sincerely,
Paula Sonderegger
Dear Mayor Sutherland and City Council members,
I wanted to tell you that after the work meeting last night I came home feeling very hopeful about this whole
procedure. I wasn't able to stay for the entire council meeting and I was disappointed today when I learned that the
plans for the second reading went ahead as usual before everything was in place. I hope that it was merely a formality
and that the topics discussed at the work meeting and the agreements will stand. I hope that my hopeful and
encouraging feelings are not in vain.
I hope that before you do the third reading that you will get all of the agreements written down, in legal form, so that
there won't be any misunderstandings in the future.
My husband and I are very interested in an incentive to hook up to city sewer. Our system is working properly now
and we don't expect any problems in the future, but if the incentive is right we will be glad to hook up to city sewer.
My understanding is that we will never be required to hook up to city water unless our well should go dry or become
contaminated. This is what we have been told all along and I would like to see this put into writing for future
reference.
I do appreciate your willingness to work with us and to take our special circumstances into consideration.
Sincerely,
Paula Sonderegger.
1 of 1
1/24/2003 1:32 PM
mailbox:///Cl/Documents%20and%20S ettings/blairk/Application%20Da...
Subject: thank you
From: "Ferron Sondere@er" <sonderegger@emstar2.net>
Date: Fri, 28 Feb 2003 15:28:29 -0700
To: <blatrk@ci.rexburg.id.us> "-
Mr. Kay
Thank you for all of your time and effort with the annexation. I appreciate your sending my emails to the city council
members. Would you please send one more for mel Thank you.
Paula Sonderegger
To the Honorable Mayor and City Council Members:
I just wanted to say thank you for your consideration of the East Widdison Addition. Our neighborhood is very happy
with the RRI zone, the window until 10/31/04, the reduced frontage to 75' and the option of hooking up to city services
or not. My guess is that by the end of the window most of us will be on city services, at least sewer, and some will
hook up to everything.
I know that this has been a very long, hard ordeal and I think that I am safe to say that we are all glad that if is almost
over. I think that now we are down to the formalities of the final reading and the vote. It has been interesting to see
how city government works.
Once again; thanks for listening to us.
Sincerely;
Paula Sonderegger
1 of 1 3/7/2003 4:27 PM
CITY COUNCIL AGENDA
CITY OF REXBURG
City Hall Mission Statement: At Rexburg City Hall our goal is to improve the Community.
We Serve the citizens by striving to understand their needs and by responding with quality work.
January 08, 2003
7:30 P.M.
Pledge to the Flag
2. Consent Calendars The consent calendar includes items which require formal
City Council action, however they are typically routine or not ofgreat controversy.
Individual Council members may ask that any specific item he removed from
the consent calendar for discussion in greater detail. Explanatory information is
included in the City CounciPs agenda packet regarding these items.
a. Minutes from the December 18, 2002 meeting
b. Approve City of Rexburg bills
3. Non Controversial Items Added to the Agenda
Presentation of the City of Rexburg Financial Audit — RUDD & COMPANY, PLLC
4. New Business:
5. Old Business:
• Zoning Ordinance 725 Amendments — Rural Residential Two (RR2) — 2nd Reading
• Annexation and a zone change from Madison County zoning to
Rexburg zoning for ten properties. — 2nd Reading
Area One: Annexation of Properties between US Highway 20 and 2000 West in Section 25
with some properties located on the East side of US Highway 20.
Area Two: Annexation of Property at 1647 West 1000 South
Area Three: Annexation of Properties on both sides of South
Millhollow Road from 350 — 700 South Millhollow Road
Area Four: Annexation of Properties at 1050 North 2nd East
5. Old Business (Cont.)
City of Rexburg Holiday — Amend the City Council decision on December 18, 2002
(Exchange the 24th of July Holiday for a Veterans' Day Holiday)
6. Update on Projects
7. Committee Reports
8. Mayor's Business
9. Adjourn
THE ABOVE SCHEDULED TIMES REPRESENT A BEST EFFORT AT SCHEDULING.
IT MAY BE NECESSARY FROM TIME TO TIME TO ADJUST THESE TIMES TO ACCOMMODATE
UNFORESEEN CIRCUMSTANCES.
*** Please contact City Hall three days prior to any city meeting if there is any special assistance needed for
disabled people planning to attend the meeting.
FINDINGS OF FACT
FOR
ANNEXATION
On September 4, 2002, the City Council had a discussion on proposed areas to be
annexed into the City of Rexburg. These areas were recommended for annexation by the
City Staff due to proposed growth in the area. The Council recommended that the City
adopt a Zone for Rural Residential Subdivisions that are proposed to be annexed into the
City. Parcels 5 and 10 were recommended to be removed from this annexation proposal.
Parcel 10 is an existing neighborhood that is connected to City services.
2. On September 5, 2002, the Planning and Zoning Commission held a public hearing on
one of several annexation proposals in the year 2002. This annexation included portions
of the Teton Lakes Golf Course, Madison County shops and sheds, and other properties
adjacent to the east side of Highway 20. The hearing was held to take public input on the
proposal. These parcels were intended to be annexed into the City of Rexburg under
Ordinance 881.
3. On September 25, 2002, the City Council and Planning and Zoning Commission held a
joint work meeting to discuss growth issues for the City. One of the issues discussed was
additional zones for rural residential subdivisions. The Planning Commission
recommended the Rural Residential 2 (RR2) zone to be incorporated into the City of
Rexburg zoning ordinance.
4. On October 2, 2002, the City Council approved the proposed annexation of seven parcels
as discussed in item two above.
5. On October 21, 2002, the City Clerk sent the Notice of Public Hearing for Planning and
Zoning Commission, including the annexation plan, proposed annexation map, and a
information sheet on some of the costs of annexation. This was published in the local
newspaper on October 23, 2002, and November 18, 2002. A notice was posted on
parcels that were part of the annexation proposal. These notices were sent to all property
owners within 300 feet of the above mentioned property.
6. On November 15, 2002, the City Clerk sent the Notice of Public Hearing for the City
Council, including the annexation plan, proposed annexation map, and a information
sheet on some of the costs of annexation. This was published in the local newspaper on
November 18, 2002, and December 16, 2002. A notice was posted on parcels that were
part of the annexation proposal. These notices were sent to all property owners within
300 feet of the above mentioned property.
On November 21, 2002, the Planning & Zoning Commission for the City of Rexburg
requested the public to offer input on the proposed annexation. Winston Dyer explained
the issues concerning the proposed annexation of ten properties into the City of Rexburg.
Winston indicated that the proposed annexation from the County to the City limits is to
maintain orderly growth. He also indicated that there were some property owners on the
west side of the City that had requested annexation of their properties. Madison County
Planning and Zoning Coordinator, DaNiel Jose, testified in favor of the annexation on
behalf of the County. She mentioned that the County is concerned with preserving the
quality of the ground water in the area. It was the opinion of the Madison County
Planning and Zoning Commission and Departments that the proposed areas need to be
annexed into the City. There was some concern with the Zoning that would be applied to
the areas to be annexed. There were some residents that gave testimony opposing the
annexation proposal. There were other residents that sent in letters requesting that the
Planning Commission deny the request. Kurt Hibbert indicated that he would schedule
neighborhood meetings to provide additional information to the residents on the costs of
annexation. It was recommend by Planning & Zoning that this request be approved for
public hearing before the City Council.
8. On December 5, 2002, the City mailed notices to concerned neighbors to inform them of
a neighborhood meeting to discuss the annexation proposal. The neighborhood meeting
for the Widdison Addition and properties between 440 South 2000 West and Main Street
was held on December 10, 2002. The neighborhood meeting for the Willowbrook and
Rexburg Acres Additions and properties between 7"' South and 440 South 2000 West was
held on December 11, 2002. These meetings were held to inform the neighbors of the
connection fee costs and the monthly fees for water and sewer. They were allowed to ask
questions of concern on costs to be annexed into the City. The City staff responded with
information on monthly fees and connection fees associated with annexation. The
neighbors seemed very concerned about the additional costs that they would be expected
to pay.
9. On December 18, 2002, the City of Rexburg held a public hearing concerning the
annexation of ten tracts of land. The City Council accepted written and verbal input
concerning the annexation. Many of the residents testified against the proposal due to the
costs of annexation that would be imposed upon them. There were comments from the
public with regards to increased traffic, safety, future roads and property values. There
seemed to be a need to defer the vote on the annexation to a later date. This would allow
the neighbors to gather more information on costs of annexation and the reason the City
has proposed this annexation. The City Council read the annexation ordinance for the
first reading with future readings to be scheduled at a later date.
10. On January 8, 2003, the City Council reviewed the Rural Residential zone that was to be
applied to rural residential subdivisions for a 2"d reading. After discussion, the Council
moved to read the proposed RR2 zone a second time. The Council reviewed the
annexation proposal to be considered for a second reading. DaNiel Jose, director of the
County Planning and Zoning office, gave testimony to the commission for the need to
annex the proposed areas into the City. She discussed the enhanced septic systems that
are required in the County on lots that are less than two acres. She mentioned that district
7 health and the department of developmental quality recommend that this area be
serviced by a central sewer system. She commented on the failed septic systems and the
high ground water that had caused problems in crawl spaces in the area. No action was
taken. The Council scheduled a work meeting to discuss the annexation proposal at 6
p.m. on the 22nd of January.
1
11. On January 22, 2003, at 6 p.m. the Council held a work meeting to discuss the annexation
issues that were raised by the residents. The public was invited to give input on the
proposed annexation. They identified six areas of concern to be discussed:
1. Sewer and water installed at the same time.
2. Waiving front footage fees similar to the South 5`h West annexation
3. Waiving additional fees without precedent
4. Sidewalk costs in context with impact fees
5. Impact fee ordinance
6. City/County discussion for shared cost expansion of City services
An additional work meeting was scheduled for the 5`h of February for continued
discussion on the annexation proposal.
12. On January 22, 2003, the City Council took up the proposed annexation ordinance for
discussion under the topic of old business on the agenda. After discussion on the
annexation proposal the Council moved to approve the 2"d reading of the annexation
ordinance.
13. On February 5, 2003, at 6 p.m. the Council held a work meeting to continue discussion on
issues residents raised about the proposed annexation of their properties. The public was
invited to give input on the proposed annexation. The Council began discussing each
neighborhood independently in reference to mitigating factors that would work well for
their subdivision.
14. On February 19, 2003, at 6 p.m. the Council held a third work meeting to discuss the
proposed annexation. The public was invited to give input on the proposed annexation.
Mayor Sutherland reminded the Council the need to annex for orderly planning of City
growth. Different options were discussed that would allow the residents to annex at less
costs. Another work meeting was scheduled to continue the annexation discussion on the
26`h of February at 7 p.m.
15. On February 26, 2003, at 7 p.m. the Council held a fourth work meeting to discuss the
proposed annexation. They developed specific language that would mitigate the cost and
time of connection for the residents of the subdivisions to be annexed. This substantially
reduced or delayed the cost of annexation for the residents. Many residents expressed
thanks to the Council for their patience and understanding of the residents concerning this
critical discussion. The Mayor and Council indicated that these proposals for annexation
would be in writing for review on Monday, March 3, 2003, in Ordinance form.
16. On March 3, 2003, the draft Ordinance was made available to the public for review.
17. On April 2, 2003, the City of Rexburg held a public hearing concerning the annexation of
ten tracts of land. Ordinance 887 had its 3`d reading. A motion was made and passed to
accept Ordinance 887 for the annexation of said properties.
2N;6=.
Stepheii Zollinger, City WRoincy
CITY COUNCIL MINUTES
CITY OF REXBURG
March 5, 2003
7:30 P.M.
STATE OF IDAHO, )
County of Madison ) SS.
City of Rexburg )
Present were the following:
Mayor:
Council Members:
P&Z Administrator:
City Clerk:
PFC:
City Attorney:
Pledge to the Flag
Mayor Bruce Sutherland
Glen Pond
Shawn Larsen
Marsha Bjomn
Paul Pugmire
Donna Benfield
Nyle Fullmer
Kurt Hibbert
Blair D. Kay
John Millar
Stephen Zollinger
Consent Calendar: The consent calendar includes items, which require formal
City Council action, however they are typically routine or not ofgreat controversy.
Individual Council members may ask that any specific item he 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 the February 19, 2003 meeting
b. Approve City of Rexburg bills
Donna Benfield moved to approve the Consent Calendar items; Glen Pond seconded the
motion; all voted aye, None opposed. The motion carried.
Brigham Young University Idaho students were asked by the Mayor to introduce themselves and
explain to the Council where they were from. Many were from out of state.
Mayor Sutherland welcomed the Scouts to the meeting and asked them to introduce themselves.
Non Controversial Items Added to the Agenda: None added
Public Hearing: None
New Business:
Proposal for an Airport Taskforce Committee — Paul Pugmire
The proposal was taken off the agenda.
Old Business:
Zoning Ordinance 725 Amendments — Residential Zones (RRI, RR2, MDR2) 3rd Reading
Mayor Sutherland — Reviewed the proposed Ordinance 886 to add some new Zones to the
existing Rexburg Zoning Ordinance 727.
Shawn Larsen — Reviewed the history of the proposed Ordinance from Planning and Zoning
Commission's perspective. The P&Z Commission has spent several meetings preparing
the Ordinances for Council approval.
Stephen Zollinger discussed the addition of two new zones to Ordinance 886 since the first
reading. The first reading of the proposed Ordinance 886 contained only one new zone
(RR2), which was prepared by the Planning Commission to allow subdivisions with a
rural setting to be incorporated into the City. After public meetings with the
neighborhoods that were affected by the pending annexation proposal, an additional zone
(RR 1) was added to the proposed Ordinance 886. Also, there was a second addition to
the Ordinance with the addition of an MDR2 Zone. The MDR2 Zone was added to
provide an additional zone to Medium Density Zones in Ordinance 725.
Nyle Fullmer moved to adopt Ordinance 886 as written, Marsha seconded the motion;
Discussion on the need to amend the proposed Ordinance to add the two additional zones.
Nyle withdrew his motion and Marsha withdrew her second.
Paul Pugmire moved to amend Ordinance 886 to reflect the addition of the two new zones;
Nyle Fullmer seconded the motion;
Voting ave Voting nay
Paul Pugmire None
Donna Benfield
Marsha Bjornn
Glen Pond
Nyle Fullmer
Shawn Larsen
The motion carried
Nyle Fullmer moved to adopt Ordinance 886 containing new Zones RRl, RR2 and MDR2;
Marsha Bjornn seconded the motion;
Voting ave Voting nay
Paul Pugmire None
Donna Benfield
Marsha Bjonm
Glen Pond
Nyle Fullmer
Shawn Larsen
The motion carried
The Mayor thanked the City Staff for the work they have done on the preparation of theses
new Zones. Paul Pugmire expressed thanks to the Planning and Zoning Commission for
the effort they have made to prepare these new Zones. Paul indicated that it was good
work on the Commission's part.
Update on Proiects:
John Millar — Reviewed the Sugar City Rate for additional capacity in the Rexburg Waste Water
Treatment Plant. The $60,000 proposal would be taken at today's rates. There is no
incentive for the City to compromise the current rate at this time. The present worth
analysis on the remaining $190,000 proposal. Two variables, interest rate and time are
applicable to make a viable decision. Richard Horner looked at 3% for 10 years to
develop the cost. It came out a little short of $2.50 per 1,000 gallons. Richard and John
recommended a fee of $2.60 per 1,000 gallons. This would change the proposed capacity
of 100,000 gallons for $250,000 down to about 96,000 gallons for $250,000.
Nyle Fullmer moved to accept the proposal as explained by John to charge a fee of $2.60 per
1,000 for capacity into the Waste Treatment Plant; Glen Pond seconded the motion;
all voted aye, none opposed. The motion carried.
John Millar — Reviewed the LID Highway 33 Project. It is scheduled to start the 2nd week in
July, 2003. The plans are nearing completion. The project will be bid by the 15th of this
Month. It is for curb, gutter and sidewalk replacement along the Highway 33 corridor.
The Highway 33 Project to be done by the Idaho State Transportation Department is on
track pending State Transportation Board approval. Most of the work will be done in the
evening or on weekends.
John Millar — The 12`h West water and sewer project is out for bid. The City is calling for bids
on that project a week from Monday. There is a lot of interest in that project.
John Millar — The 2nd East project from 2nd North to Sonic Burger is to replace a water line
and other utilities in the area as needed to prepare 2nd East for the Highway 33 Project. It
will be ready for bid by the end of March.
John Millar — The South Rexburg Arterial Project on 11`s South (University Boulevard) is being
designed by Keller and Associates out of Boise. It is on schedule for construction two
years into the future. The concept report has been approved by the State of Idaho. The
concept report indicates the location of signalized intersections.
Donna Benfield — Indicated that the Chamber of Commerce area maps show the proposed
location of the l la' South arterial.
Marsha Bjornn — Discussed the Millhollow housing project and the location of future roads in
that area. She discussed with John the location of fiber optics lines in the City.
John Millar — Mentioned that the State may not put in a conduit in the street for signal
coordination.
Committee Reports:
Tabernacle Sign — Martel Grover
Martel Grover — Reviewed the Tabernacle rates as discussed in the November 2002 meeting.
The rental rates were challenged in November 2002. In January 2003 the applicant
requested a flat rate. Increased use could result from a flat rate. Martel passed out a
proposal to the Council for review. The applicant has used the facility for the past five
years, 4 hours a day twice a week. The fee has been $25.00 per day for the past five
years. The new rate would be $55.00 per day. However, the City is offering the
applicant a rate of $45.00 per day. Martel gave the Council a three year budget proposal
for improvements to the Tabernacle.
Discussion on the proposal from the Tabernacle Board to have the applicant pay $35.00 a day
until September 30, 2003. This is the end of the current fiscal year. The Council will
follow the recommendation of the Tabernacle Board.
Stephen Zollinger — Agreed with Glen Pond that the City Staff could notify the applicant of the
decision of the Council. The Staff will notify the applicant of the $35.00 rate until the
end of September, 2003.
Martel discussed the Tabernacle Board's three-year plan for Tabernacle improvements. The first
improvement will be a new sound system. They have been given a grant for nearly 50%
of the cost of a new sound system. The second improvement is to add fans to pull air out
of the building through three big windows in the balcony during summer performances.
The third improvement would be to repair picnic tables in front of the building.
The fourth improvement would be to re -key the locks on the building. The fifth
improvement would be to install a sign in front of the building. The sixth improvement
would be to replace the floor coverings in the coat rooms. Some of these improvements
could be done in the 2003 budget.
Martel mentioned that the Kirkham building may have some lighting available when the building
renovation is done. He indicated that the Tabernacle could use some of the discarded
lighting units. He will keep the Council apprised of the riming of that renovation.
Martel commented on the possibility of having the benches in the Tabernacle covered with
padding on the bottom of the benches. Marsha Bjomn indicated that the historical nature
of the benches may have some value. The benches were restored recently.
Martel recommending having a study done to re -do the stage. He commented on the need for a
sloping ramp to allow wheel chair traffic into the building.
Discussion on a report that Martel handed out showing the historical income received from the
rental of the building. The museum income in the building is keep separate from the rest
of the building rentals.
Martel indicated that the Tabernacle Board is seeking grants to help with these proposed
improvements. The Idaho Historical Society is a possible source for grant money. The
Civic Club has requested to help with funding requests. Martel mentioned that these
proposals are contained in the Tabernacle Board's three year plan.
Mayor Sutherland thanked Martel and the Committee for the work they have done on the
Tabernacle Board.
Glen Pond — Indicated that the Sign Ordinance was a starting place for review before installing a
sign at the Tabernacle. The Council never approved the fire truck display in front of the
Tabernacle.
Russ Carlson — Agent from Yesco Signs - Reviewed the proposed Tabernacle Sign drawings for
the Tabernacle sign. He gave the proposals to the Council for review. The sign would be
used for advertising. One of the sign proposals would sit on the ground and the text
would be changed from a computer through a phone line. A second proposal would have
a reader board with change letters that would be change manually.
Discussion on the cost for the sign proposals. Russ recommended that the City of Rexburg
obtain a maintenance contract for the proposed sign. The sign would be 6 feet high.
The LED is designed to be a 70 degree viewing angle. The sign would have a good view
from Center Street. The sign design is done by Yesco. It would be located near the front
sidewalks going to the front doors of the Tabernacle in a perpendicular position to Center
Street.
Paul Pugmire — Complimented the Tabernacle Board on their work to make the Tabernacle
revenue neutral. Paul indicated that it might take a few years to make the building
revenue neutral. The Tabernacle Board was given a charge to make the building revenue
neutral about two years ago. The trend lines are in the right direction to make the
building revenue neutral.
Marsha Bjornn — Requested some input from Martel on the rental of the building for revenue
producing events. Martel indicated that the building is available for a fee to those
groups. (i.e. political gatherings, etc.)
Mayor's Business:
Nyle Fullmer moved to adjourn; Donna Benfield seconded the motion; all voted aye,
none opposed. The motion carried.
Adjourned
Bruce Sutherland, Mayor
Blair D. Kay, City Clerk
CITY COUNCIL MEETING
CITY OF REXBURG
January 22, 2003
7:30 P.M.
City Hall Mission Statement: At Rexburg City Hall our goal is to improve the Community. We serve
the citizens by striving to understand their needs and by responding with quality work.
STATE OF IDAHO, )
County of Madison ) SS.
City of Rexburg )
Present were the following:
Mayor:
Council Members:
P&Z Administrator:
City Clerk:
PFC:
City Attorney:
Pledge to the Flag
Mayor Bruce Sutherland
Glen Pond
Shawn Larsen
Marsha Bjornn
Paul Pugmire
Donna Benfield
Nyle Fullmer
Kurt Hibbert
Blair D. Kay
John Millar
Stephen Zollinger
The State of the City Address: - Mayor Bruce Sutherland
State of the City Report 2003
Dear Friends,
Well I am sure that I don't need to remind anyone in our good Community of all the changes and
challenges that we have faced this last year! However, I feel that it's good to pause and review what our City has
been doing in 2002. I hope that this information will provide you with a good overview of the various City
Departments.
Before I get started I want to visit a moment with you a bit before I make my official report. I mentioned
last year that I learned quite a bit. Well, this year I came to the realization that I have a great deal more to learn.
The City is growing like never before. We had a twelve fold increase in building permits in 2002 over an average
year. That alone is a staggering statistic. Along with all this growth, there have been many changes that our
community has faced. There have been many difficult zoning issues that the City Council and Planning and
Zoning Commission have had to on the City agenda. It has not been easy and my hat is off to both the City
Council Members and the hard working follcs on the Planning and Zoning Commission.
I have come to understand even more clearly than in any of the 17 years I have been serving in City
Government, that the decisions we make today must consider more than the moment or what seems to be a good
idea to solve the present problems. Our vision must be such that in the years ahead we can look back with
satisfaction and not regret. This is not an easy challenge for sure. However, I believe that our good City is up to
the challenge.
That is just one of the many reasons that I feel our community is second to none. I feel so privileged to
serve you. Rexburg is the greatest!! I love our Town with all my heart and am so glad I live here.
Now on with the 2002 City report-
1.
eport
1. STREETS:
• A major street project during 2002 was the reconstruction of one block of 3`d North, one block of North
2"d West, and two blocks of West 2" s North adjacent to the railroad tracks. These road were completely
reconstructed to replace roads that had reached the end of there useful life.
• Rolling Hills Drive was also reconstructed from Shoshone to 4h East.
• City wide LID's replaced areas of curb, gutter, and sidewalk along with the addition of new sidewalks
throughout the City.
• A major accomplishment was the installation of an electrical and watering system along Main Street to
provide power for new street lights, power for the overhead lighting, and empty conduit for possible
future fiber optic lines. This project included the installation of a water line to irrigate the trees and
planters along Main Street.
• The City with the help of numerous business and residents within the community, were able to purchase
new Christmas decorations and lighting.
• During 2002 numerous roads were added to the City. Roads on the Southwest side of the City in the
Westates development include Trejo Street and Mariah Avenue; Also, an extension and
realignment of Pioneer Road. There is a new subdivision being constructed on 7's North. It is
known as Stone Bridge Subdivision which constructed two new streets. The Henderson
subdivision West of South 5' West has added several blocks of new streets.
• The City has had significant growth in subdivisions and developments throughout the City. In recent
years there generally was anew subdivision every two to three years. During 2002, seven new
subdivisions were either started or under construction.
2. POLICE:
• Two officers completed the Post Academy in 2002 fully certifying the department.
• One lieutenant was able to train at the FBI National Academy, receiving excellent instruction
• This past year the computer system was completely upgraded; linking it with the campus division of the
Rexburg Police Depamment, tying the system in with all four Resource officers in our schools within the
city.
• An officer from our campus division was trained in Voice Stress Analysis, adding efficiency in
investigating various crimes.
• The Drug Task Force was extremely effective in 2002, not only in working drug cases, but also in uniting
several agencies and helping them work together to be more effective in our fight against illegal drugs in
our community. There have also been great advances as far as citizen's involvement with the police
department, increasing Police effectiveness.
• Areas of concern do exist. The City is increasing in size both by population and geographic area.
• In the first three quarters of 2002, there was a 22% increase in arrests over 2001. The number of
offenses increased by 4.3%.
• One statistic that is a real positive however is the 43.8% solvable rate in 2002, compared to the national
average of 22% and a State wide average of 35%.
3. RECREATION:
2002 was a year of new activities and events beginning with the first annual winter festival held in
January. The turnout was overwhelming with four to five thousand people supporting the festivities.
Unfortunately the 2003 festival has been cancelled because of lack of snow.
• The old "standby' activities such as basketball, soccer, t -ball continued to be popular and fun.
• New classes in 2002 included: pitch, hit and run, sign language, puppy kindergarten and more.
• Rexburg's first annual Triathlon " The Rush" brought participants form Idaho, Utah, Montana, and
California.
• Much work and discussion was done in 2002 on the proposed Community Center, with many, many
meetings of the citizen committee and the community in general. No decision was made, however funds
are being raised for the Center. The future is encouraging for the growth of the City.
• 2002 saw the creation of a Recreation Advisory Board. This 9 member board will be an asset to the
recreation department to help and support the direction of Recreation in our Community.
• As always, many thanks to all the volunteers that make so many of the recreation programs work
Without their help, much of what was accomplished could not have happened.
4. WATER:
• During 2002, the Water Department extended lines in the Southwest comer of the City to Pioneer Road
and 7' South.
• Lines were constructed on the North side of the City alone Cemetery Road and in other subdivisions in
and adjacent to the community.
• Existing service line's on Mains Street and 2' East were replaced in preparation of the re -paving of those
Streets in 2003.
• A new water line was extended under U.S. 20 at 7'' South enabling the expansion of City utilities to the
West of U.S. 20.
5. WASTEWATER:
A three acre asphalt storage pad for Bio -solids was constructed in 2002.
The City replaced the existing gas chlorination system with an on site hypo -chloride generation system
which makes sodium hypo -chloride or Clorox out of water softener salt. This was done as a safety and
cost saving measure. Not having one ton cylinders of Chlorine gas is a substantial safe guard for the
community.
• A new $30,000.00 play area was installed at Porter Park to replace aging and unsafe equipment.
• The North restrooms at Porter Park were re -modeled and will be on line this spring.
• Several trees where trimmed and new trees planted in Porter park
• The soccer Field in the nature park was reseeded and will be ready for play this spring.
• An addition to the bike and jogging path around the nature park was also completed. This wraps
around the soccer field and north to the Teton river.
7. PLANNING AND ZONING,
In 2002 we added Kurt Hibbert, a new planning and zoning administrator to help deal with the
increased challenges facing this department.
Total building permits issued 2002: $58,279,261.00.
8. EMERGENCY SERVICES:
2002 was an eventful year for the Emergency Services Department with just under 1500 runs for both
EMS and fire runs.
Rexburg/ Madison County Emergency services are one of only 6 in the State of Idaho that has everyone
skilled at the Paramedic level. Because of this, several other ambulance services request their help.
In 2002 our Emergency services received a grant for $70,000.00 for training of the public and fire
prevention.
The Archer fire station was completed and is on line providing better fire protection for the South
County area.
WHAT'S AHEAD:
For 2003 we have a whole plethora of projects that the City of Rexburg will be addressing. Working with
the State, we will be reconstructing 13 blocks of Main Street and 2nd East The work is scheduled to start in early
July and will take about 2 months. Other street projects include seal coating several streets this summer when the
conditions are most favorable. Also, we will be adding a 3`s truck for garbage collection to keep up with the
demand.
We are reviewing the feasibility of installing a pump in the geothermal well of 7' South. Water quality
testing is complete and looks good. We are also looking to expand to an additional well, tank and booster station
in the Southwest corner of the City.
One of the items that I need to mention is the ongoing cooperation with the various City, County,
School District, and related services. We are working together with these entities as well as Police/Sheriff and the
complete combining of the Fire/Ambulance. The reason I mention this is that normally this is not the case.
However, I firmly believe that each of these entities serve most if not all the same people. When we can work
together locally, it is to the benefit of all. As I have said many times before, all of us in public service owe our
paychecks to our constituents and therefore need to cooperate for the good of all. It just makes sense. We can
make your tax dollars go farther by working together and helping one another.
We are continuing work on raising money for the proposed Recreation Center. We will be looking at
any and all options to enhance our Recreation opportunities for our Community. We all have an investment in
Rexburg. It can be what we want to make it. I have great faith that as we face the many challenges of 2003, we
can work together; Succeeding in making Rexburg the Community we will all be proud of.
I love this City. I am honored to serve you as your Mayor. I feel privileged to work with your City
Council. They are great people that love Rexburg as much as I and work tirelessly to make our Community a
better place. It is my wish that your year may be filled with joy and success. Thank you for granting me the
privilege of serving you as your mayor.
Most truly yours,
Bruce L. Sutherland
Mayor
Consent Calendar: The consent cdlendarincludes items which require forma!
City Council action, however they are typically routine or not ofgreat controversy.
Individual Council members may ask that any specific item be removed from
the consent calendar for discussion in greater detail. Explanatoryinformation is
iucfuded m the City Council's agenda packet regarding these items.
a. Minutes from the January 08, 2003 meeting
b. Approve City of Rexburg biUs
Nyle Fullmer moved to approve the Consent Calendar; Shawn Larsen seconded; all voted aye,
none opposed. The motion carried.
Non Controversial Items Added to the Agenda:
Smile Camuaien — Megan Leatham
Megan Leatham — Reviewed a smile campaign sponsored by AmeriCorps. Madison School
District and the Madison Memorial Hospital are participating in the campaign. The
campain will begin February 150' to the 1' of March. Megan reviewed a student survey
from 7F l2`" graders that indicated 70% of the students felt the adults in our
Community did not value them as youth. It is their perception that counts.
Megan encouraged the adults to smile more at the youth. Also, she asked the adults to
learn the names of the youth in City, Church or Community. It takes fewer muscles to
smile than it takes to frown. Stickers, buttons, and magnets of smiling faces will be
passed out to the Community. Megan asked the Council to approve a Smile Campaign
banner across Main Street. Mayor Sutherland mentioned that there were two places that
would work for the banner. One location is West Main by Pizza Hut. The other location
is by the County Court House. Megan indicated that that Madison County has been
designated as a "Community of Promise" by fulfilling five promises to the youth of the
Community. The Community of Promise program was started in 1997 by General Collin Powell.
Paul Pugmire — Inquired on the source of the designation of Madison County as a
Community of Promise. Megan indicated that it was done by National initiative by an Emeritus
Promise Organization. Megan thanked the Community for supporting the youth.
New Business:
Continental Park Condominium — Final Plat (648 South 5`h West) Kartchner Homes
Kurt Hibbert — Reviewed the final plat for converting apartments to condos. They are located by
the Don Rydalch home near 71h South and 5b West. The units were part of one large
apartment complex.
Lyle Cook — Idaho Division Manager representing Kartchner Homes — Reviewed the proposal
with the City Staff. They plan to change the plat from apartments to condominiums.
There is a water detention area that will utilized for a playground area with playground
equipment.
Donna Benfield — Inquired for information on the changes made to parking.
Lyle Cook — Indicated that the parking is basically the same with two parking stalls per unit. Six
more parking stalls could be installed if the Council required additional parking stalls.
Shawn Larsen moved to accept the Continental Park Condominium final plat; Donna seconded
the motion; all voted aye, none opposed. The motion carried.
Serine (Mountain) Creek — Division #1 — Final Plat (6a' South & 3rd West)
Mountain River Eneineerine
John Millar — Reviewed the re -plat of the area to realign some of the previous plats and City
right of way. It is a re -plat to align the street. Planning and Zoning recommended
approval of the plat. The plat shows a 70 foot right of way on the area that is part of the
Parker Addition. John indicated that this is an error; the actual right of way is 99 feet
instead of 70 feet. The developer will seek abandonment of about 14 feet of right of way
at a latter date for a development proposal.
Nyle Fullmer moved to approve the final plat with the correction; Marsha Bjomn seconded
the motion; all voted aye, none opposed. The motion carried.
Hidden Valley Phase 6 - Final Plat (Hidden Valley) The Dyer Group
Winston Dyer — Manager of the Dyer Group represented the developers — Winston reviewed the
plat on the overhead screen. They plan to have 9 phases in this development. The reason
larger subdivisions are developed in phases is a tax issue. Phased development brings
property into the tax rolls as they are developed. He reviewed Phase 5 with 16 lots that
has sold out. Phase 6 is just South of phase 5. The whole development will have a 3.8
acre park that connects to a green way for the Community that will be turned over to the
City of Rexburg for maintenance. They plan a total of 9 Phases in this development.
Planning and Zoning recommended approval of the plat.
Shawn Larsen moved to accept Hidden Valley Phase Six as a final plat; Paul Pugmire seconded
the motion; all voted aye, none opposed. The motion carried.
Public Hearin¢:
7:40 p.m. - City of Rexburg - request a zone change of City of Rexburg property from
Light Industrial (LI) to Open Space (OS). The property is located between the Rail
Road Tracks on the West and 1't East near 295 North 1" East.
Kurt Hibbert — Reviewed the proposal on the overhead screen. It is an area planned for a future
Recreational Center.
Public Hearing was opened - No testimony was given
Public Testimony was closed
Kurt continued to discuss the boundaries of the property. There is a proposed development
across the river in this area. Kurt indicated that there is a pedestrian bridge to cross the
Teton River planned in this proposal. The Idaho State Parks and Recreation is helping
fund the greenway project in this area
Paul Pugmire moved to approve the zone change from Light Industrial to Open Space; Nyle
Fullmer seconded the motion; all voted aye, none opposed. The motion carried.
Old Business:
Zoning Ordinance 725 Amendments — Rural Residential Two (RR2) — 3rd Reading
Paul Pugmire - Requested more time to review the proposed RR2 Zone before the third reading.
Stephen Zollinger — Recommended to post pone the 3rd reading. This will allow time to review
RR and make sure the City is comfortable with RR2.
Area One: Annexation of Properties between US Highway 20 and 2000 West in Section
25 with some properties located on the East side of US Highway 20.
Area Two: Annexation of Property at 1647 West 1000 South
Area Three: Annexation of Properties on both sides of South
Millhollow Road from 350 -- 700 South Millhollow Road
Area Four: Annexation of Properties at 1050 North tad East
Discussion on approving the 2nd reading now or suspending the rules at the next meeting if the
Council chooses to approve the Annexation proposal at that time.
Nyle Fullmer moved to approve the 2°d reading of the Annexation proposal for the annexation
of four areas; Marsha seconded the motion; all voted aye, none opposed.
The motion carried.
Mayor Sutherland — Indicated that the 2"d reading does not speed up the annexation proposal.
It is a formality to have the second reading now instead of suspending the rules in a latter
meeting for a final vote.
Update on Projects:
John Millar — Discussed addressing Barney Dairy Road: There were three choices offered in
the survey. The residents were split on the vote to select a different name for Barney
Dairy Road. The road name will be extended to the Sugar City Cemetery. 1000 North
is the County address after the Cemetery. City Staff recommend leaving the name as
Barney Dairy Road because the residents did not have majority vote on a new name.
The Council recommended that John proceed with the name of Barney Dairy Road.
Artco has requested that Stationery Place be changed to Stationary Road to better fit the
Addressing Committees' guidelines.
The Council recommended that John proceed with the proposal to use Stationary Road.
John Millar — Requested that the Council allow the Staff to move forward to initiate Local
Improvement District 33 for 2003. John indicated that LIDs should be done every other
year to allow larger projects that would be less costly to the City and the residents.
Marsha Bjornn - Reviewed the sidewalks near the Cal Store on 2"d East. John indicated that the
Cal Store does have either sidewalk or hard surface in place.
Discussion on other locations in the City that may need sidewalks.
Shawn Larsen - Asked where the LID for sidewalks would end on West Main Street.
John Millar — Mentioned that the new Highway 33 Project will end on the East side of the old
golf course.
Stephen Zollinger — Indicated that a sidewalk could not be in a golf course due to a liability
issue. Discussion on having a sidewalk to cross the canal on the South side of
Highway 33 on West Main Street. Discussion on weeds across from Erickson Pontiac.
Also, there is an abandoned house on West Main that needs cleaned up.
Stephen Zollinger — Indicated that the City would have a Resolution for LID 33 prepared for
the next meeting.
John Millar — Reviewed the West side water and sewer projects and the timing for bidding
the projects. John would like to dig the sewer trench in the spring when the sub water is
lower than the proposed trench. John indicated that the current ground water is at
17 feet. It is cheaper to do the work in a dry trench on the sewer system extension.
The City is looking at a lift station on the 12d West line with a pressure line back to
the East section of sewer lines. The Widdison Addition line would be bid as an
alternate schedule on the bid subject to the annexation proposal being approved.
If the annexation proposal is not approved, that part of the bid would not be
contractually committed.
John Millar — Proposed to get all of utilities cleaned up under highway 33 before the Highway 33
project is started in July of 2003. The City has been replacing all of the service lines on
Main Street for water. Those will be completed prior to the Highway construction
project. The City needs to replace water lines on 2°d East from 2°d North to Sonic
Burgers with an 8 inch water line. One of those water lines will be abandoned with
two service water lines crossing 2°d East.
Kurt Hibbert — Presented Resolution 2003-01 to create Planning and Zoning Fees which
include plat fees, rezone fees, and Conditional Use fees. The follow list of fees and
language that is included in the Resolution 2003-01:
Application Fees
Zoning Ordinance Amendment
Comprehensive Plan
Conditional Use Permit
Conditional Use Permit (Communication Tower)
Annexation
Variance
Zonine Fees
Rezone (less than 1 acre)
Rezone (more than 1 acre, less than 5)
Rezone (5 to 10 acres)
Rezone (over 10 acres but less than 20 acres)
Rezone (20 acres and over)
Zoning Verification Letter (Financial Institutions)
Public Hearine Fees
Special Meeting
Publication Fees
Annexation, Zone change
Conditional Use Permit
Approved Plat Fees
Madison County survey fees apply
Preliminary Plat
Final Plat
$500
$500
$250
$500
$250
$300
$500
$850
$900
$1,500
$2,500
$25
$300
$250
$200
See Madison County Resolution 249
$100 plus $4/lot or Wacre, (greater of)
$15Aot or $30/acre, (greater of)
Plat Amendment
Site Plan Fees
$300
Design Review/Hourly Rates
$160/hr
Street & Utility Improvement Drawings
$15/1ot or $30/acre, (greater of)
Construction Inspection*
$150/lot or $300/acre, (greater of) - ($400 Min.)
Lot Line Adjustment
$200
Unauthorized Changes to an Approved Site Plan
$500*
(Minimum: actual cost to correct charged)
Sian Permits
Sign Permit
$100 ($75 refundable if sign approved)
Anneals
P&Z Decision
$100 (Refundable if appeal is successful)
*Construction Inspections — The City will refund 750%
of this fee upon receipt of Subdivision "Record Drawings"
and Certification by Developers Engineer that the subdivision improvements were constructed in accordance with the
City's Standard Drawings and Specifications.
** Neighborhood Associations may petition the City Council for waiver of fees.
Also that in addition to the minimum fees hereby established, the City Clerk may also charge to the applicant the
actual costs of the publication fees, filing fees and/or postage fees.
Paul Pugmire — Reviewed cost for different acreages proposed in the Resolution.
Paul requested Council approval for waiving neighborhood fees for neighborhood
applications.
Shawn Larsen — Requested adding the words (Neighborhood Associations have the right to
appeal to the City Council to waive fees).
Paul Pugmire moved to amend the draft Resolution to include the statement that the
Neighborhood Associations have a right to request a waiver of fees from the
City Council; Nyle Fullmer seconded the motion carried; all voted aye,
none opposed The motion carried.
Paul Pugmire moved to adopt Resolution 2003-01 as amended; Nyle Fullmer seconded
the motion; all voted aye, none opposed. The motion carried.
Committee Reports: None given
Mayor's Business:
National League of Cities — Basic Principles of Policy Governance
Discussion on the information that the Council Members received in the mail concerning
the subject.
Paul Pugmire — Requested that the Council consider additional information on the subject of the
"Simplified Rules" package. This information came from the AIC Convention in
Nampa. These items will be discussed in another meeting.
Marsha Bjomn — Reviewed a pamphlet called "State of the City" from a City similar in size to
Rexburg. Marsha would like to produce a similar pamphlet for Rexburg.
Nyle moved to go into executive session; Shawn Larsen seconded the motion; all vote aye,
none opposed. The motion carried.
Executive Session
Property Acquisition was discussed
Executive Session ended
Adjourned
Blair D. Kay, City
10
Bruce Sutherland, Mayor
CITY COUNCIL WORK MEETING
CITY OF REXBURG
City Hall Mission Statement. At Rexburg City Hall our goal is to improve the Community.
We Serve the citizens by striving to understand their needs and by responding with
quality work.
January 22, 2003
6:00 P.M.
Mayor Sutherland excused Glen Pond from the meeting. The Mayor explained the protocol for
the meeting. The discussion items would be discussed by the City Council Members in a forum
discussion. Some input from the public would be allowed. The following minutes from a City
Staff meeting were reviewed concerning pending City requests:
City Staff Meeting - 1/21/03
Present: Val Christensen, John Millar, Kurt Hibbard, Blair Kay, Stephen Zollinger,
and Mayor Sutherland.
1) Consent agenda considered by the staff to be appropriate.
2) All three items under New Business are considered to be ready for approval. Upon full staff
review it is recommended that the Mayor be authorized to sign the Plats.
3) Continental Park Condos are the buildings located on the Northwest corner of 7d' South and
5d' West that were originally approved as apartments, and have subsequently requested to
transition to condos. Staff considers the change to Condos to not be relevant to the use, and
therefore not significant.
4) A minor plat modification to existing plats that make changes to right-of-way.
5) Hidden Valley is just one more in the interminable line of Phases in Gene Palmer's
Subdivision.
6) The only public hearing scheduled is to clean up the Louisiana Purchase to accommodate
the eventuality of recreational development.
Old Business:
7) RR2 third reading, again staff recommends approval based upon the need for a more
finite definition of use.
8) Staff recommends that the Annexation Ordinance be 2nd read in order to put us in a
position to finalize and 3`d read at the appropriate time.
9) Discussion should be undertaken immediately to start LID 33, to deal with construction
associated with the State's construction of 2nd East and Main.
End of Staff minutes from 01-21-03.
Paul Pugmire — Identifred six issues of concern from discussions at the last City Council meeting
on the 08`s of January, 2003 for the Widdison Addition.
1) Sewer and water installed at the same time
2) Waiving front footage fees similar to the .South 5d' West annexation
3) Waiving additional fees without precedent
4) Sidewalk costs in context with impact fees
5) Impact Fee Ordinance
6) City/County discussion for shared cost expansion of City services
Paul Pugmire — Expressed his opinion that the #1 issue was costs for receiving City Services and
the disruption to the neighborhood. He recommended allowing some time before the
citizens would be required to connect to water and sewer.
John Millar — Indicated that the proposed route for the water line would be on the South side of
the road in the Widdison Addition and the sewer line would be on the Northerly edged of
the same road. The State of Idaho requires a 10 foot separation between these two
systems. The sewer line will be 13 feet deep and the trench will be about 10 feet wide.
The water line will be less intrusive in a smaller trench.
Marsha Bjonm — Discussed the possibility of having the City install the lines and having hookup
fees assessed at a later date when the service was connected to the residence. John
reviewed the need to follow the City Ordinance for connections to City services.
Discussion on a past annexation on 5d' West where the residences were already using
City services.
Discussion on the City Ordinance requiring a connection to the City sewer within 60 days
after the resident is notified to connect by the City of Rexburg.
Paul Pugmire — Discussed the possibility of only requiring a connection to the City of
Rexburg sewer system when the resident's septic system failed and District 7 Health
would not reissue a permit for the private system.
Nyle Fullmer — Concerned with the City of Rexburg budget and the need for the City to
pay for the services as the budget allows.
John Millar — Commented on the reasons for running both water and sewer lines at the same
time to limit the cost and finish the project without revisiting the site. John mentioned
environmental concerns, and the growth and development of the Community as issues or
reasons for doing both lines at the same time.
Nyle Fullmer — Made mention of those who desire the services at this time and others who do
not want the services for several more years. Nyle seemed concerned with the cash
outlay for the City and the need for a pay as you go attitude.
Mayor Sutherland — Compared the costs of the new private systems with the cost to
connect to the City systems.
Richard Horner — Reviewed the idea of having the City of Rexburg services available ahead
of new developments. He indicated that new subdivisions next to the City should have
City services available to them.
Marsha Bjornn — Responded to the comments of Dick Dyer's memo to the City Council
that indicated a need to preserve the land resources with planned development.
Kurt Hibbert — Commented on the fact that the County could allow multi -family housing
on County developments in this area if the area is not annexed.
Mayor Sutherland — Discussed amending Rural Residential 2 to remove the requirement to
have a sidewalk.
Nyle Fullmer - Discussed the three unique areas of the City of Rexburg that may be annexed.
Paul Pugmire — Mentioned that he prefers to have sidewalks in subdivisions. They make
better neighborhoods.
Discussion on having a Sidewalk Ordinance by Zone instead of a separate Sidewalk Ordnance.
Paul Pugmire — Recommended changing the RR2 Zone for sidewalks for new and
existing subdivisions.
John Millar — Indicated that the RR2 Zone was for'/2 acre lots.
Marsha Bjornn — Mentioned that she preferred to have sidewalks in new subdivisions.
Discussion on the City's liability if someone was injured in a car -pedestrian accident in an
area where the City of Rexburg did not require a sidewalk. The comparison was made
to an accident on main street when a street light was not installed at an intersection
where an accident occurred.
Stephen Zollinger — Inquired of Kurt Hibbert on the possibility of having an RRl Zone for
the Widdison Addition. Kurt reviewed the process that Planning and Zoning went
through to create the RR2 Zone. They worked with other Cities on the sidewalk issue
for rural subdivisions. Kurt mentioned that these Cities preferred to have sidewalks
in subdivisions.
Discussion on the current Zoning Ordinance 725 concerning chapter three and chapter ten.
These chapters are concerned with the Zones in the City of Rexburg and the City of
Rexburg Impact Zone.
Discussion on the RRl Zone requiring a minimum of one acre lots and the allowance
of livestock.
Discussion on using the Rural Residential 1 Zone for the Widdison Addition.
Mayor Sutherland — Indicated that if the RR Zone was applied to the Widdison Addition,
they would be allowed to have livestock per the RR Zone which does not
require sidewalks.
Waiving front footage fees similar to the South 5'h West annexation
Mayor Sutherland — Commented on the option of having an average lot size used for the
front footage fees.
Shawn Larsen — Explored the idea of having an incentive to hookup to the City services.
Paul Pugmire — Discussed the possibility of having a hook up window of 3 '/2 months to
12 months as an incentive. Another example would be waiting until the resident's
current septic system permit expires before requiring connection to the City sewer
system.
Nyle Fullmer — Expressed a concern that additional road damage would occur if the water
and sewer were not installed at the same time.
John Millar - Indicated that the sewer and water would be stubbed out to residents on both
sides of the road to the edge of the right of way for future connections.
Richard Horner — Explained the reasons not to waive hookup fees. These fees are tied to the
cost of service or the capacity for the City of Rexburg sewer and water systems.
He indicated that by having more residents connected to the City water and sewer
systems, the total cost of capacity would be spread over more users which would
help keep the monthly rate lower.
John Millar — Referenced the idea of having a universal or average front footage amount in
the calculation of the front fee cost.
Discussion on the State Statute 50222 (Annexation of Adjacent Territory, namely category B).
There may be some properties in this current proposal that do not fit the description for
allowable annexations. The City will review the properties in question for clarification.
Discussion on the possibilities available to the City of Rexburg to provide incentives
for annexation.
Nyle Fullmer — Expressed his continued concern with the idea of providing incentives to
some residents and not the others. Continued discussion on using an average City lot
for the front footage fee and a time to connect incentive option. Nyle would like to find
a way to mitigate some of the costs for the residents in a way that is fair for the rest of
the City.
Shawn Larsen — Presented an example of only five of the residents hooking up to the
sewer system without a window of opportunity compared to 30 residents hooking up
with a window of opportunity.
Richard Horner — Continued to express a desire to move the City backbone system into
those areas of proposed development. This would allow developments to take
advantage of the City sewer and water systems.
Mayor Sutherland — Explained that an additional work meeting is needed to finish the
discussion on the proposed Zoning and the proposed incentives. There will be a 2na
work meeting on the 5t' of February at 6:00 p.m. before the next City Council meeting.
There will be continued discussion on front footage fees and connection fees.
Adjourned
MINUTES OF THE CITY COUNCIL
January 08, 2003
7:30 A.M.
STATE OF IDAHO, )
County of Madison ) SS.
City of Rexburg )
Present were the following:
Mayor: Mayor Bruce Sutherland
Council Members: Glen Pond
Shawn Larsen
Marsha Bjornn
Paul Pugmire
Donna Benfield
Nyle Fullmer
P&Z Administrator: Kurt Hibbert
City Clerk: Blair D. Kay
PFC: John Millar
City Attorney: Stephen Zollinger
Pledge to the Flag
1. Consent Calendar. The consent calendar includes items which require
formal City Council action, however they are typically routine or not ofgreat
controversy. Individual Council memhers may ask that any specific item he
removed from the consent calendar for discussion in greater detail.
Explanatory information is included in the City CouncrPs agenda packet
regarding these items.
a. Minutes from the December 18, 2002 meeting
b. Approve City of Rexburg bills
Marsha Bjornn moved to approve the Consent Calendar; Shawn Larsen seconded
the motion; all voted aye, none opposed. The motion carried.
Non Controversial Items Added to the Agenda:
Presentation of the City of Rexburg Financial Audit:
RUDD & COMPANY, PLLC
Brad Reed — Rudd & Company - Reviewed the Financial Audit for the City, the year
ending September 30, 2002. Brad indicated that the audit went very well.
Rudd & Company gives an unqualified opinion in the Audit. In the future
new standards will change the look of the Audit Report. Brad reviewed the
different funds in the report. The fund balances were in good condition.
Some funds were over budget and some funds were under budget.
Mayor Sutherland thanked Brad from "Rudd & Company" for the presentation.
Shawn Larsen — Inquired if there were better rates available to the City for the investing
money? Richard indicated that he is reviewing alternative rates available with the
State investment funds to optimize the City's rate for debt service. The State fund
does avoid the underwriting fees, however there are other minimal fees associated
with the State fund.
Glen Pond moved to accept the Financial Report with the independent Auditor's Report from
Rudd & Company; Donna Benfield seconded the motion; all vote aye, none opposed.
The motion carried.
City of Rexburg Holiday — Amend the City Council decision on December 18, 2002
(Exchange the 24 of July Holiday for a Veterans' Day Holiday)
Todd — Representing the City employees requested to reinstate the Martin Luther King
Holiday and exchange the Pioneer Day Holiday on the 241h of July for Veterans'
Day on the l Ph of November.
Paul Pugmire moved to reinstate the Martin Luther King Holiday and exchange the
Holiday on the 20' of July for Veterans' Day; Nyle Fullmer seconded the
motion; all voted aye, none opposed. The motion carried.
New Business: None
Old Business:
Zoning Ordinance 725 Amendments — Rural Residential Two (RR2) — 2nd Reading
Paul Pugmire moved to have the Zoning Ordinance 725 amendment for Rural
Residential Two (RR2) be considered as read for the 2"d time; Glen Pond
seconded the motion; all voted aye, none opposed. The motion carried.
Annexation and a zone change from Madison County zoning to Rexburg zoning for
ten properties. — 2"d Reading
Area One: Annexation of Properties between US Highway 20 and 2000
West in Section 25 with some properties located on the East side of US
Highway 20.
Area Two: Annexation of Property at 1647 West 1000 South
2
Area Three: Annexation of Properties on both sides of South
Millhollow Road from 350 — 700 South Millhollow Road
Area Four: Annexation of Properties at 1050 North 2nd East
Paul Pugmire — Requested to defer the second reading of the Annexation Proposal to a
later date.
Discussion from the City Council on deferring the 2nd reading of the Annexation
Proposal to a later date. Paul indicated that the Council does not have to have a
second reading tonight.
Marsha Bjornn — Asked for a reason to defer the 2nd reading of the Annexation of
properties.
Paul Pugmire — Indicated his desire to cover all of the bases to make the process
complete. Paul would like to make sure all of the questions are answered. He
gave examples of questions on sidewalk issues, other neighboring developments,
timing of services and costs for annexation.
Marsha Bjornn — Requested to review the questions from the Eric Erickson memo to the
City Council. The City responded to the memo with a written document that was
passed out to the public.
Mayor Sutherland — Reviewed questions that were in letters from concerned residents
concerning the Annexation Proposal. These questions were addressed to the City
Council. The Mayor read the responses from the City concerning these questions.
The document is on file.
Marsha Bjornn — Reviewed the requirement to install a sidewalk when the property is
sold. A sidewalk would not be required as long as a resident does not sell the
property.
Paul Pugmire — Reviewed the possibility of amending the RR2 Zone to remove the
sidewalk requirement. Paul indicated that sidewalks are a good thing.
The intent of the City is to have sidewalks in the City over time.
Marsha Bjornn — Thanked the City Staff for preparing the response to the questions from
residents concerning the proposed annexation.
DaNiel Jose — Director of the County Planning Office — Commented on the reasons for
the County requesting that the area comes under City services. It is an area of
high ground water and has been designated by the County as an area of concern.
The County is being proactive in recommending that the proposed area receive
City services. This will accommodate growth for the Community. DaNiel
indicated that City services are a better alternative than putting wells and septic
systems every two acres. This area is close to City services. About 18 months
ago the County adopted a resolution that requires an enhanced septic system for
lots less than two acres. The cost would be between $4,500 to $8,000. She
mentioned that District Seven Health and the Department of Environmental
Quality had requested that this area be serviced by a central system from a
Community water and sewer project or City services. Failed septic systems and
high ground water getting into crawl spaces of homes are some of the problems
with private septic systems. DaNiel indicated that it is not good for our
Community to have all of those septic systems in that area.
Marsha Bjornn — Reviewed her history with the City Planning for the past eight years.
She served on the Planning and Zoning Commission for five years prior to her
Current terms on the City Council. Marsha indicated that there was always a
Comprehensive Plan in place for Rexburg. The Plan is subject to change.
Kurt Hibbert — Reviewed the Comprehensive Plan Map. This Annexation Proposal is
consistent with the Comprehensive Plan. This area has been designated as either
family or multi -family housing. Kurt indicated that additional changes will need
to be done to the Comprehensive Plan in the future. He reviewed the different
areas of the City and their current designations on the Comprehensive Plan. The
zones that are applied to the different areas in the Comprehensive Plan may vary.
The Comprehensive Plan shows where City planners want the City to be in the
future. Kurt reviewed the location of the high-density residential areas being on
the South side of town and the Commercial District being on the North side of
town. The City is trying to balance the Zoning to provide Commercial growth on
the South side of town. Kurt mentioned that the Comprehensive Map indicates
where the City would like to be in the future.
Discussion on the timing of the last changes to the Comprehensive Plan for the City of
Rexburg. February of 2002 was the last amendments to the Plan. Mayor
Sutherland indicated that the last major revision to the Plan was done in 1999.
Winston Dyer — Reviewed the 1978 Comprehensive Plan which showed the City's plan
to grow to the West. Discussion on the site plan for the Lamoreaux property that
was reviewed and approved by the County for a development of 22 dwelling units.
They were annexed to provide them with central water and sewer services.
Mayor Sutherland — Discussed the temporary septic system for the Lamoreaux property
That was allowed by District Seven Health. This was a temporary solution until
the City sewer could be extended to their development in the Spring of 2003. The
temporary system will be permitted until July 01, 2003.
Marsha Bjornn — Requested information on the area North of the Widdison Addition.
She asked Kurt if this area could be developed into High Density development.
Kurt Hibbert — Reviewed the Comprehensive Plan for that area. There is a possibility of
the County allowing Multi -Family developments in that area with a Conditional
Use Permit. Kurt commented on the City Planning and Zoning Commissions'
desire to keep this a single family area.
Winston Dyer — Agreed with Kurt's comments.
Discussion on having the County help pay for some of the costs of annexation.
Mayor Sutherland — Indicated that the Citizens of the Widdison Addition could request
the County to participate in the cost.
Discussion on the Lamoreaux County permits. The Lamoreaux project was permitted by
the County before Annexation to the City was explored.
Discussion on the quality of ground water in the area. A report indicated that 93%
of nitrates in the ground water comes from agriculture sources.
Mayor Sutherland — Commented on the reason for the annexation. The reason is for the
annexation proposal is for the expansion of the City in the area. The Mayor
indicated that the problems with ground water contamination are cumulative. "It
would be foolish for us as City planners and Community servants to say
everything is just fine; we will wait until there is a problem; would it not?" There
is no one that really has to go on the City sewer at this time except those people
that lives on 2000 West.
Discussion on the cost for connecting to the City Services of Sewer and Water.
Mrs. Belnap — Read a statement concerning the costs that may be applied to the estimated
cost of City service connections. Each lot may have different costs based on the
size of the lot. The average estimated cost including the costs for curb, gutter,
sidewalk, tree replacement, interest charges and other costs was $25,509.51. She
contacted two appraisers for some of the estimates. She indicated that City
services would not add to the value of her home. She was concerned with the
development of commercial property adjacent to her home devaluing her
property if a buffer is not put in place.
Shawn Larsen — Reviewed the City of Rexburg requirements for connections on to City
Services. The decision to run sewer into the Widdison Addition has not been
concluded. The residents are not required to connect to the water line. John
indicated that documented "actual contamination" of underground water would
require the resident to connect to the water system.
Discussion on 10 properties that will be required to connect to the City Services on 2000
West. Some residents do not want to be annexed that live on 2000 West.
Discussion on the ability to be annexed if your property's original deed was ever divided.
Although one annexation requirement is five acres or less, larger parcels can be
annexed if the original parcel was ever divided. The Dale Steiner property was
discussed because of his health and front footage costs. There was discussion on
the desires of the residents affected on 2000 West. They do not want to be
annexed.
Stephen Zollinger — Reviewed the parcel split rule that allows a property to become
annexable.
Marsha Bjornn — Reviewed the possibility of the City Council making an allowance
for residents with properties that have large front footage.
Stephen Zollinger — Indicated that there is a canal along 2000 West that may be a barrier
to immediate connection to the Sewer System. If the sewer is immediately
accessible, the property owner would be required to connect to the sewer.
Discussion on the sewer being extended down 5t` West in recent weeks. Some residents
may not be connected at that location due to the timing of the completion of the
project.
Stephen Zollinger — Commented that the City of Rexburg is not aware of any properties
that was allowed to avoid connection to the sewer in the City. There may be
some that the City is not aware of at this time.
Discussion of the 10 properties and the location of the planned sewer and water lines
on the overhead screen.
Kyle Martin — 102 West 3`a South — Asked why is the area being annexed? He asked if
the Council responded to the request from Mr. Harris on the 18a' of December?
Mayor Sutherland — Discussed the need for "orderly and proper planning" of the growth
of our Community. The problem with spot annexation is that it is not planning.
Once property is annexed, the property falls under the zoning control of the City.
The City is proposing to annex this area for the orderly and proper growth of
Rexburg. Mayor Sutherland indicated that "even though this is not a Public
Hearing, we are hearing from everyone anyway and we are having a
Discussion". The Mayor indicated that he would have some concerns himself if
he was to find himself in their situation. Kyle thanked the Mayor for letting him
give the input.
Discussion on the Cenex property in the downtown area being purchase by the County.
Paul Pugmire — Reviewed the City's options and the magnitude of the growth of the City
of Rexburg in 2002. The average for building permits in Rexburg has been
around $5,000,000 for past years. In 2002 the City provided building permits for
$58,000,000 in building value. This an order of magnitude increase in growth
that was not mirrored by an increase in City Staff or money. Paul indicated that
this annexation proposal is the largest and most complicated annexation that the
City has ever considered. Paul commented that this proposal is in process and it
has not been concluded. Paul has identified six issues of concern.
1) Sewer and water installed at the same time
2) Waiving front footage fees similar to the South 5a` West annexation
3) Waiving additional fees without precedent
4) Sidewalk costs in context with impact fees
5) Impact Fee Ordinance
6) City/County discussion for shared cost expansion of City services
Paul indicated that the net effect of subsidizing the Widdison Addition is to put the
burden on the remaining residents who have already paid those fees.
He commented on the fact that there is clearly a body of thought among the
neighborhood not to be annexed. Paul mentioned that growth is going out there
in that neighborhood. His question to the neighborhood was "Do you envision
yourselves being an island surrounded by City annexed property? Is that what you
want?"
Discussion on the feelings of the neighborhood. They are very concerned with the costs
of annexation. However, they do see the need for the City to expand. The City
has been inundated with new construction since the BYU- Idaho announcement.
Discussion on allowing more time before requiring residents to connect to the City
services.
Paul Pugmire — Commented on the need to review Impact Fees for the City of Rexburg.
Discussion on the new subdivisions in the City of Rexburg that are not full of homes.
Discussion on putting in the sewer line and letting the resident choose the time to
hook up. Some discussion on the Curt Mueller residence with 165 feet of frontage
in the Widdison Addition.
Eric Erickson — Requested a window of opportunity to connect to City services without a
forced time frame.
Curt Mueller — 882 Willow Brook Drive — He is opposed to annexation due to the new
enhanced sewer system that is installed on his lot. Lot sizes in the subdivision
elevates the cost for the residents of the Willow Brook Subdivision. They do not
need the sewer system because they have new systems approved by District 7
Health Department. Curt does not see a need for sidewalk due to the cost. They
hope the City will mitigate the costs.
Paul Pugmire — Indicated that he is hesitant to support the annexation due to the cost.
Marsha Bjornn moved to have a work meeting next week; there was not a second; The
motion died.
Mayor Sutherland indicated that the meeting in two weeks could be preceded by a work
meeting. The work meeting will begin at 6:00 p.m.
Discussion on annexation agreements and development agreements. The residents would
like more information on these agreements.
Mayor Sutherland — Reviewed the process for developing an agreement for a new
development. The residents would like to know what the Cenex was charged for
the extension of water and sewer to the Cenex development on West Main Street.
Britney Higley — Daughter of Glen Higley commented on their trees. They have had
trees at their home since 1876. These trees are over 100 years old. Sidewalks and
the tree roots were discussed. They are willing to work with the City if the City is
willing to work with them. This annexation does affect the younger generation.
Britney is opposed to annexation and she agrees with Curt Mueller's comments.
Mayor Sutherland — Mentioned that the City of Rexburg is one of two Cities that have a
youth member on every single Committee for the City including a voting member
of the Planning and Zoning Commission. The Mayor thanked everyone for their
comments.
Donna Benfield — Indicated that she is proud of the system. The government system is
working tonight. She mentioned that the City Council has accomplished leaps
and bounds tonight.
Shawn Larsen — Commented on the need for a Public Work Meeting to continue the
discussion on the current annexation proposal.
Mayor Sutherland — Commented on the desire for the City of Rexburg to do the best it
can to provide for the citizens. The Mayor indicated that the City will work with
everyone as much as possible, however, he does not think that it is possible to
make everyone happy. The City Council is charged with looking at for the future
of the community for the next 20 years. The Mayor reviewed the 2nd East Project
that took out all of the trees and widen the street in 1986. The widening project
with new trees looks beautiful now.
The Mayor thanked everyone for coming. The work meeting time was discussed. The
work meeting will be at 6:00 p.m. on the 22°d of January.
Committee Reuorts:
Marsha Bjornn — Indicated that BYU-Idaho was awarded the exhibit for the Smithsonian
in August of 2003. It is an exhibit on rural communities.
Shawn Larsen — Discussed the National League of Cities report on becoming an advocate
of the earned income tax credit. In the tax year 2000, there were 7,756 returns in
Madison County. 1,074 of these returns receive the earned income tax credit.
The credit is available to residents with incomes less than $31,151.
The average credit was $1,719 per person. Madison County received 1.8 million
dollars of credit in the year 2000. The study shows that 25 % of the possible
recipients did not get the credit in Madison County. The IRS has estimated that
$461,000 in lost credit should have gone into the County. Out of 3,671 returns
below the maximum for the earned income tax credit, 1,426 residents paid a tax
preparer an average of $200.00 per return. The people who can least afford tax
preparation are paying for the service. Shawn has contacted the University on
having a free tax preparation service. Shawn recommended sending the
information to residents by a flyer or some other method in the media. The local
paper has been contacted.
Marsha Bjomn — Asked how this can be given to the tax payer. It is on the tax form.
Winter Fest — Without snow the Winter Fest will be canceled.
Donna Benfield — Henderson Cleaning and Restoration and the Hearthside are
concerned about an insurance settlement. Donna indicated that Cleve Henderson
has called and nothing has happened.
John Millar — Bid opening for a fence at the Airport that is funded at a 95% level by
FAA. John asked for approval to award the bid.
Adjourned
Blair D. Kay, City Clerk
L1
Bruce Sutherland, Mayor
CITY COUNCIL MINUTES
CITY OF REXBURG
April 02, 2003
7:30 P.M.
STATE OF IDAHO )
County of Madison ) SS.
City of Rexburg )
Present were the following:
Mayor:
Council Members:
P&Z Administrator:
City Clerk:
PFC:
City Attorney:
Pledge to the Flag
Mayor Bruce Sutherland
Glen Pond
Shawn Larsen
Marsha Bjornn
Paul Pugmire
Donna Benfield
Nyle Fullmer
Kurt Hibbert
Blair D. Kay
John Millar
Stephen Zollinger
Mayor Sutherland welcomed the Scouts from Troop 212 to the meeting. Several of the
Scouts introduced themselves to the Council.
Consent Calendar: The consent calendar includes items which require formal
City Council action, however they are typically routine or not ofgreat 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 Councils agenda packetregarding these items.
a. Minutes from the March 19, 2003 meeting
b. Approve City of Rexburg bilis
Nyle Fullmer moved to approve the Consent Calendar without any changes; Shawn Larsen seconded
the motion; all voted aye, none opposed. The motion carried.
Non Controversial Items Added to the Agenda: None presented
Public Hearing: None Scheduled
New Business:
Budget Items (Set Budget Calendar, Set Employee COLA, Review Health Insurance)
Richard Horner — Reviewed the schedule for the City budget meetings. After discussion on the
budget meeting schedule, April 25, 2003, was set as the next budget meeting.
Nyle Fullmer moved to set September 03, 2003, as the date for a Public Hearing to approve the final
Budget and adopt an appropriation Ordinance; Marsha Bjomn seconded the motion;
All voted aye, none opposed. The motion carried.
Richard Horner — Presented the Cost of living Allowance (COLA) that is distributed by the
U. S. Department of Labor. The cost of living allowances is 2.6%. It is a Nation wide index.
It will be included in the budgeting process for the City.
Nyle Fullmer moved approved the cost of living allowance of 2.6% to be included in the City's
budgeting process; Glen Pond seconded the motion; all voted aye, none opposed.
The motion carried.
Richard Homer— Reviewed the City's Health Insurance Plan with a projected raise in premiums of
up to 29%. Discussion on having comparative rates from other sources. In the future, the
Idaho Coalition of Cities and Counties will have Insurance coverage. The City's current
Insurance Plan has a renewable monthly premium. The plan can be discontinued if a better
plan is adopted by the City. The employee's Insurance savings account can be used to help
transition the employees to a new plan. Blue Cross has a prescription card that has a $20.00
deductible. Blue Shield does not offer a deductible on their prescription card. It is a straight
percentage amount on the total prescription billing.
Shawn Larsen — Commented on the 10% amount that the City is currently budgeting for the
prescription account.
Glen Pond moved to have the City budget the historical amount of 10% into the prescription
account; Shawn Larsen seconded the motion; all voted aye, none opposed.
The motion carried.
Richard Homer — Reviewed the calendar for the Department Heads. The week of May 121i to
the 161i has been set aside for City Department Budget reviews.
Marsha Bjornn — Commented on the budgeting process for the Tabernacle and the Historical
and Preservation Commission. Marsha did not indicate a real need for a budget for these
volunteer groups.
Richard Horner - Mentioned that they are not budgeted individually. If there is a financial need for
these groups, there will need to be some funds allocated in the budget. Parks and Recreation
is part of John Millar's Public Works Department.
Local Access Cable Channel — Cisco Productions — (Richard Horner)
Richard Horner — Reviewed a proposal from Cisco Production out of Logan, Utah, to provide the
City of Rexburg a local cable channel. He reviewed a meeting with Cisco Productions to
provide public information on a local public channel. It would allow for live public
meetings to be broadcast on a cable network. Richard indicated that there is a lot of interest
from the two School Districts, the County, and BYU-Idaho to have a joint interest cable
channel that would run 24 hours per day.
Final Plat - Legacy Townhomes Phase 1— (562, 566, 5689 570 Legacy Lane)
Rees and Jenks Development, LLC
Kurt Hibbert — Reviewed the Legacy Townhomes Plat for Phase 1 with the Council. The Plat
was approved by the Planning and Zoning Commission. The City Staff has approved the
Plat with Departmental reviews.
Shawn Larsen moved to approve the final Plat for Legacy Townhomes Phase 1; Glen Pond
seconded the motion; all voted aye, none opposed. The motion carried.
Rezone request from MDR to MDR2 at 355 West 2"d South — George Wilson
(Appealing the Planning Commission Decision to disallow MDR2 Zoning for his lot)
Mayor Sutherland — This is a request to go back to Planning and Zoning for a Public Hearing
on this proposal.
Kurt Hibbert — Reviewed the new Zone (MDR2) that was created in the City for Medium
Density housing. The new MDR2 will allow 22 units per acre with the opportunity to
increase the density to 24 units per acre with a Conditional Use Permit.
George Wilson — 630 Taurus Drive — He owns an acre of land that is zoned MDR. He is
proposing to develop the property by using MDR2 zoning. He has some units on the
property under the MDR zone. George reviewed the adjoining rentals in the
neighborhood. He reviewed the location on the overhead screen.
Kurt Hibbert — Indicated that Staff recommended that this proposal be sent to a Public Hearing
before the Planning and Zoning Commission to obtain a finding of fact on the proposal.
The Commission elected to deny the request for a Public Hearing.
Shawn Larsen — Mentioned that the Planning Commission was concerned with increasing the
density on that location from 16 units per acre to 24 units per acre. The Planning
Commission did not believe that this proposal met the criteria for an MDR2 zone.
George Wilson — Continued to discuss his proposal. His property has a railroad track on the west
boundary. He currently has a duplex and a triplex on his property. With MDR zoning he
could get 11 more units on the property. MDR2 zoning would allow him to develop up
to 19 more units with a Conditional Use Permit under MDR2 zoning.
Paul Pugmire — Recommended sending the proposal to a Public Hearing to notify the neighbors
of the request.
Paul Pugmire moved to send the request for a zone change from MDR to MDR2 at
355 West 2nd South back to the Planning and Zoning Commission for a Public Hearing;
Nyle Fullmer seconded the motion; Discussion on increasing the density at this location.
This is one of the first applications for the new MDR2 zone. Kurt indicated that this
request should not be considered as a spot zone. It is the same use of the property with a
request to increase the density. Shawn was concerned with sending this proposal back to
Planning and Zoning due to a density question. Stephen recommended that this proposal
be allow to go to Public Hearing to establish the facts on the density requested for this
property. Kurt indicated that the requestor has a right to hear the findings of fact on the
decision to deny the request. Shawn compared this request to other requests that have
asked for increased density from MDR to HDR. The 300 foot notification for a Public
Hearing will generate additional comments. The Mayor called for a vote.
All voted aye, none opposed. The motion carried.
Old Business:
Area One: Annexation of Properties between US Highway 20 and 2000 West in Section
25 with some properties located on the East side of US Highway 20.
Area Two: Annexation of Property at 1647 West 1000 South
Area Three: Annexation of Properties on both sides of South Millhollow Road
from 350 — 700 South Millhollow Road.
Area Four: Annexation of Properties at 1050 North 2nd East
Mayor Sutherland read the Ordinance to the residents at the meeting. During the reading an
address correction was noted on a property on 925 West 7d` South due to a City/County
addressing change for some residents in the City and the County. After the reading the
Mayor called for a motion to adopt the new Ordinance to annex 10 separate parcels of
property into the City of Rexburg.
11
Glen Pond moved to accept Ordinance 887 for the annexation of said properties into the City
of Rexburg; Marsha Bjornn seconded the motion; Discussion: Nyle Fullmer commented
that he was contacted by a resident on Elizabeth Street asking if the services would be
available in Rexburg Acres. John Millar indicated that the City services would be
available to the residents of Rexburg Acres. They will have the same options to connect
to the City services at their discretion as the other residents in an RR Zone. Paul
Pugmire mentioned to all involved in this annexation proposal from City staff to the
residents of the neighborhoods that this has been the most difficult and complicated
procedure that the City Council has ever done. Paul has learned a lot about the
procedure. He would like to have done some things differently. Paul indicated that he
hoped that future annexations will be done differently in the future. The people involved
in this annexation that are concentrated in the Widdison Addition are people that Paul
went to school and grew up with in the community. These people will be a great addition
to Rexburg. Paul was troubled that this annexation proposal has led to such
consternation and difficulty among the people that Paul respect so much. Paul indicated
that he does support the Idaho State Annexation Statute. He indicated that there are good
and bad parts to the Statute. Paul is less convinced now than he was in the past that this
law is correct. Paul indicated that he was speaking solely for himself. He does not think
that the Law needs to be thrown out, however Paul would like to review the Annexation
Law for possible changes. Paul's desire to do more for the existing residential
neighborhoods in the way of mitigating factors to lessen the financial burden was
expressed.
He indicated that he would vote for the Annexation proposal without full enthusiasm.
Paul complimented all involved in this process for their integrity and best judgment on
the proposal as it relates to the City of Rexburg as a whole. Paul indicated the following:
"I hope we can heal". Shawn Larsen reviewed the parcels and the assigned zones for
each parcel. Existing homes will be annexed as RRI except Steiner's home which is in
an RR2 Zone. Stephen Zollinger indicated that geographic considerations like the canal
would restrict the requirement for a sidewalk at the Steiner's home. Marsha Bjomn
thanked the residents for their involvement in this Annexation proposal. She indicated
that both the City Council and the residents had compromised on their respective
proposals. The research and effort has brought compromise to the table. She appreciated
the response from the residents with their research and effort to work with the annexation
process. The Mayor took a roll call vote as follows:
Those in favor of the Annexation:
Paul Pugmire
Donna Benfield
Shawn Larsen
Glen Pond
Nyle Fullmer
Marsha Bjornn
Those Opposed to the Annexation:
None
The motion to annex these 10 parcels passed with a unanimous vote of the Council.
Update on Proiects:
John Millar — Reviewed the 12d` West Wastewater and Water project. The project has crossed
the agricultural ground on the Kirby Forbush development. The canal crossings are being
completed ahead of the water being put in the canals. It is anticipated that these
crossings
will be completed in the next 10 days. The entire project will be completed by the end of
May. Rexburg Acres will have their sewer and water project started in the next 10 days.
Rexburg Airport fence project will be started within the next 10 days. The bid for this
project has been awarded.
2"d East water line project from 2°d North to Sonic Burgers is being bid at this time.
There is a canal crossing on this project.
2"d East Sewer Line project which is about 250 feet long. This project is to replace a
6 inch sewer line with an 8 inch sewer line. This project is adjacent to the BYU-I
Alumni house or the Porter house on South 2"d East. There was a blockage on this
smaller line that caused a sewer backup in an apartment. This project will provide a
continuous 8 inch sewer line in this area.
LID 33 on Hwy 33 for Street improvements will go out for bid this coming Friday.
This project is to replace curb and gutter on Main Street and 2"d East. Several residents
on this project will do their own concrete work.
Highway Project on Hwy 33 on Main Street and 2"d East has been awarded. This
project will replace the pavement on Main Street and 2"d East. This contract was
awarded to HK Contractors and will start the week of July 5d', 2003. The work will be
done at night and on weekends. The Council and Chamber will be made aware of the
pre -construction meetings on this project.
Pioneer Road and Casper Ave Intersection realignment needs to have a part of that
intersection abandoned to the property owner. The realignment of the intersection left a
piece of property that needs to be abandoned back to the adjacent property owner. John
Millar request that the Council approve the request to take this abandonment to a Public
Hearing.
Shawn Larsen moved to send this proposal to abandon this piece of the intersection on Pioneer
Road and Casper Avenue to a Public Hearing; Paul Pugmire seconded the motion; all
voted aye, none opposed. The motion carried.
Glen Pond — Reviewed the progress on a City Ordinance for street signs around the University.
John indicated that the Ordinance would be brought before the City Council at the next
Meeting.
Marsha Bjornn — Discussed the handicap parking at the Snow Building at the University. John
Millar indicated that the University had requested to do the painting on that project.
Committee Reports:
Marsha Bjornn — Mentioned that the Historical Preservation Commission members are
complete. The following individuals were presented to the Council for approval:
Gail Cazier
Louis Clements
Dean Grover
Steve Oakey
John Watson Jr.
Norm Ricks
Moana Boyle
Kurt Hibbert
Paul Pugmire moved to accept these individuals as members of the Historical Preservation
Commission; Donna Benfield seconded the motion; all voted aye, none opposed.
The motion carried.
Donna Benfield — Traffic and Safety Committee — Donna indicated that Trent Walker had
moved to Salt Lake City. The Traffic and Safety Committee is being reorganized at this
time. They are addressing pedestrian safety as a top priority on West 0 South.
New names for the Committee will be presented to the Council by the end of the month.
Donna Benfield — Recreation Committee report: The Committee voted to have Jill Anderson
Chair the Committee. They have set up a Beautification Committee to report to the
Recreation Committee.
Marsha Bjomn — Reported that the Citizen's Community Center Committee would like to
have a work meeting with the Council. The Committee requested an hour meeting at
6:30 p.m. on April 16th.
Mayor's Business: Impact Fee Advisory Committee Appointments:
Mayor Sutherland indicated that the Committee would be meeting on April 15, 2003. Two
members, Tom Kennelly and Jim Long of the Committee have resigned due to
health reasons. The Mayor asked the Council to approve Clayter Forsgren and
Chuck Frost for replacements to the Impact Fee Advisory Committee.
7
Nyle Fullmer moved to approve Clayter and Chuck as members of the Impact Fee Advisory
Committee; Glen Pond seconded the motion; all voted aye, none opposed.
The motion carried.
Nyle Fullmer moved to go into Executive Session to discuss property acquisitions; Donna
Benfield seconded the motion; all voted aye, none opposed. The motion carried.
Executive Session
Property acquisitions were discussed.
Executive Session ended
Adjourned
Blair D. Kay, City Clerk
E
Bruce Sutherland, Mayor
p'
5-17-03
Re: Input on the "Comprehensive Plan"
Mr_ Blair Kay:
Since city officials are asking for input & suggestions from the public on their
"Comprehensive Plan", will you please provide a copy of the attached letter to
each person involved so that they may review it during their next meeting?
It is imperative in our planfor growth to provide a means of recovering fees from
the financial impact developers bring into our area so that taxpayers are not
overburdened. Developers must pay their own way, not only in their normal
building & development costs, but also in other ways that bring about financial
impact to existing residents (as explained in my articlet.
These fees must be firmly in place immediately so that developers do not
continue to profit at the taxpayers expense.
Thank you for making this available to all City Council members, Mayor, Planning
and Zoning CoTrinission, and all others involved in the process.
a
Marlena A. Bolhap
I 159 bViddison Lai
Rexburg, ID 83440
3513-0198
y
r
r
THE HIDDEN COSTS OF GROWTH
w-�13L�ti;nn� fe. in nre.rn •-iWz&'t-win
.
&tion in new�nv� Lanmun )
Urtl recently, I thought that growth always brings economic benefits to a community. But, the reality is
that poorly p?a,^,ned groivlh often bings a varlet; of economic burdens that are borne by exlsting
residents, fe., expanded police and fire services, road expansion and maintenance, increased demand on
schools and extension of sewer and water lines.
One of the most important tools cities can use to address the hidden costs of growth is appropriate
Apr- of ;; t.aitfe�+0 cover the expenses F r the infrastructure (such a ,, s sewers anro,.,.s
and public services (such as fire and police protection) that the new development will require. Impact
fees are up front fees that the developers pay at the time they are approved fer a buiiding permit. All
new development should reflect the true costs to communities and should pay their own way rather than
being supported by increased economic burdens on existing residents.
l+Yhyarexpal%e%�infrrzra:{ysh5si�iziag high Profit-making developers? A concern of our
city is that charging these fees wilf stifle new development. No H%y
! BYU-I is here to stay and if one
developer chooses not to come here, another one will. Not having the fees in place issffflinato all
existing residents in this boomtown atmosphere who have to pay O it -of -pocket for developers
infrastructure needs.
The City of Rexburg has already spent over $30,000. studying impact fees that haven't yet baen atfl&ed
to help taxpayers level out the costs of growth. Wilyweren'tthese fees impiementedyearsago?
I would like our city to demonstrate their serious-mindedness in implementing and charging impact fees
to new development coming in all around us. There are immediate needs — for example, another
developer has just received final approval for his 60 home subdivision. If impact f� were in place,
those 60 homes could bring in well OV $6p_gpp QOto our tax structure to provide for the deetoper s
infrastructure needs! Since there are no fees to developers, taxpayers foot the bill. This is outrageous!
In a normal year Rexburg brings in $3-4 Million in new building permits. In 2002 alone, there was over
$74 Million! Imagine the developer's impact fees that could have been fairly assessed to help our town
pay fornewly facilitated infrastructure!! Impact fees should be put into place immediately anticipating
more exponential growth!
Six cities in Idaho charge impact fees, but other states have charged them for years. According to post
Falls City planner, Col!?n Coles, Implementation of impa, s was of
helped us a lot.' "� n an easy process . • • but it has
Proceeding with any annexations or new development without impact fees will continue to decrease the
bank balances of all existing residents and inspire resentment of city officials who have delayed their
implementation.
Marlena Beinap
5-10-03
P. 1
Tr arismission Result R9Port(MemorvTX) ( Jan•15. 2004 12:13AM)
2)
2)
Date/Time: Jan,14. 2004 11:54PM
File Page
No, Mode Destination Pg (S) Result Not Sent
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0184 Memory TX 912083363314 P. 16 OK
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Reason for error
E.I) Hans u or line fail E.2) Busy
E.3) No answer E.4) No facsimile connection
vmv:
AddWunallteua Bene dByl;uo eDana, 1-1"4forbricRngf
• Ani�arion Plan: a,nycduWts A -D' i[ "Ibirrefentc Wa
X 10122Mep. Healsoweutsacle &h'bit' Noilct or gcor AI
• Natire oFPublic Hearing Eefore the Pbswiugard [orwtg Comoussiw;Need
Page 2
• Nov bu21,2002 PI ning adz 's, Minutes; Nml Pages 15 w the and of
We aunmes.
• D.bee 18, 2002 City C..0 Minutes; Need pages 2-6 and l l wail the end.
• E -Mail Fn sood aApril 22Z age 2 ofthis o -mail
• City Council Agendalamay8, 2003; Necdse WWcoewcopy.
• Shad tint appears W h a �d'mg offad pawgreplu wiowumbcred 1-9 ` e
pruaiaeO Valleywide CW etc. Whet is this mowcnt? Pleases itoa
meatlrg or mem athv rnnlea[.
• BH2 Sotion Drawing. Muo ut this dowmcotin some ocnled easy atwhmcul
Wsmating or m(((m(elhing 0 Ppnl.,55� 4(_�.-03 a.o-{J p2,"•'wt.'
• Cil Ccwcil Miva'iee at ;used 3-5-03 �+-- �u
y pa8es 2-5,8-ond.
• He bar m cosigned copy ofwhaz appears to baa finding of fact Was Us copy
later signed and who signed it., w1w?
"FolciAnne: 3363244 FAX: 336-3379
P' 1
Transmission Result RePort(MemoryTX) Jan -15. 2004 12:03AM 1
1)
2)
Date/Tlme: Jan -14. 2004 11:42PM
F i I e Page
No - Mode Destination Pg(s) Result Not Sent
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0183 Memory TX 812083363374 P- 21 OK
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fteascn forerror
E 17 Han€ uv or I i n fa l I E 2) 6 u s Y
E.37 No a n S w e r E.4) No facsimile connection
Additional ltelu Requested By James Davis, 1-14.004 �for briefing file.
Annexffiion Plan: show exhibits A-D�Faehr�• it undue this refm to the.
K 10R2Map. Healsowantsac Exhibit "C" /V tic^--` pl; �rrn'S
• Notice of Pubfic Hearing Before The Plaiuiiug and Zoning Commission; Need
Page 2
• November 21, 2002 Planning and Zoning Minutes; Need Pages 15 to the end of
the minutes.
• December 19, 2002 City Council Minutes; Need pages 2-6 and 11 until the end.
• E -Mail Fetron Soad or Apri122i°2 ee 2 of this a -mail
• City Council Agenda January g, 2003; Ncedscompletc new copy.
Sheet that appears to be a finding of fact parapapbs withmmmbaed 1-8 -The
premise that Valleywide Coop" etc- What is this Decurrent? Please attack to a
meeting or some other canlaict
• RR2 Section Drawing. Please put thin document in some contect asan attachment
to a meeting or somelhingDrd• ',I a,55��
7 /� -- b �'
Pn
m6s I'd - S-- o 3 — Alaw —Z c�
• City Coined Mitt anu ; Need psges2-5, R -end
• He has an unsigned copy of what appears to be a finding of fact Was this copy
later signed and who signed it or what?
Telepbone- 336-3244 FAX: 336-1374