HomeMy WebLinkAboutCouncil Minutes - April 21, 2021
Mayor Jerry Merrill
Council Members:
Christopher Mann Jordan Busby
Mikel Walker Tisha Flora
Brad Wolfe Bryanna Johnson
City Staff:
Stephen Zollinger – City Attorney
Matt Nielson – Finance Officer
Keith Davidson – Public Works Director
Alan Parkinson – Planning & Zoning Administrator
Scott Johnson – Economic Development Director
Deborah Lovejoy – City Clerk
6:30 P.M. City Hall
Mayor Merrill said the prayer.
Council President Busby led the pledge.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Johnson, Council Member Mann, Council Member Walker, Council Member Wolfe, Council President Busby and Mayor Merrill.
Public Comment: not scheduled on the agenda (limit 3 minutes); issues may be considered for discussion on a future agenda. Please keep comments on point and respectful.
Vince Haley said he has noticed the city signs informing people of the locations of city parks, airport and other amenities are faded from the sun and difficult to read. Mayor Merrill
thanked Mr. Haley for bring the sign issue to the City Council’s attention. Some of the signs have already been replaced.
Ruben Miller said he attended the April 7th City Council Meeting and brought forward issues with the irrigation ditches being filled and right of ways. He had also mentioned city staff’s
refusal to work with the irrigation districts to inform them of proposed development and plat process. The response from city staff was first they are in daily communication with the
irrigations districts. The second response was, it was the developer’s responsibility to reach out to the irrigation districts and lastly, city staff indicated the irrigation districts
as a storage entity therefore not required of the city to notify the irrigation districts.
Mr. Miller said in 2018 the Idaho Legislators amended Title 67-6519 paragraph four. He read a section of paragraph four.
4) Whenever a county or city considers a proposed subdivision or any other site-specific land development application authorized by this chapter, it shall provide written notice concerning
the development proposal by mail, or electronically by mutual agreement, to all irrigation districts, ground water districts, Carey act operating companies, nonprofit irrigation entities,
lateral ditch associations and drainage districts that have requested, in writing, to receive notice. Any irrigation districts, ground water districts, Carey act operating companies,
nonprofit irrigation entities, lateral ditch associations and drainage districts requesting notice shall continue to provide updated and current contact information to the county or
city in order to receive notice. Any notice provided under this subsection shall be provided no less than fifteen (15) days prior to the public hearing date concerning the development
proposal as required by this chapter or local ordinance. Any notice provided under this subsection shall not affect or eliminate any other statutory requirements concerning delivery
of water, including those under sections 31-3805 and 67-6537, Idaho Code.
Mr. Miller said the notice required in the statute is not being given therefore creating issues such as three city roads built over a drainage ditch. The farmers are going to start irrigating
and there is a ditch that was cut off by a city street. He said irrigates three acres of land and now can’t because there is no way for the water from the river to get to his property
due to the ditch being filled. He referred to State Statute 42-109.
42-1209. ENCROACHMENTS ON EASEMENTS AND RIGHTS-OF-WAY. Easements or rights-of-way operated, maintained, controlled or owned by irrigation districts, Carey act operating companies, nonprofit
irrigation entities, lateral ditch associations, and drainage districts are essential for the operations of such irrigation and drainage entities. Accordingly, no person or entity shall
cause or permit any encroachments onto the easements or rights-of-way, including any public or private roads, utilities, fences, gates, pipelines, structures, landscaping, trees, vegetation,
or other construction or placement of objects, without the written permission of the irrigation district, Carey act operating company, nonprofit irrigation entity, lateral ditch association,
or drainage district owning, operating, maintaining, or controlling the easement or right-of-way, in order to ensure that any such
encroachments will not unreasonably or materially interfere with the use and enjoyment of the easement or right-of-way. Encroachments of any kind placed in such easement or right-of-way,
without such express written permission, shall be removed at the expense of the person or entity causing or permitting such encroachments, upon the request of the persons operating,
maintaining, or controlling the easement or right-of-way or the owner of the easement or right-of-way, in the event that any such encroachments unreasonably or materially interfere
with the use and enjoyment of the easement or right-of-way. Nothing in this section shall in any way affect the exercise of the right of eminent domain for the public purposes set forth
in section 7-701, Idaho Code.
History:
Mr. Miller said he hired an attorney to look into the issues of drainage ditch being filled. If the city would have looked into the issues when they were brought forward he would not
have to hire an attorney. He said citizens should be heard when issues are brought up and the city should address the issues. In order to make him and everyone else affected by this
issue, it will require the reopening of the ditches and allow them to flow back into the river.
Public Works Director Davidson said there is a legal aspect involved with the drainage ditch because it was not considered a drainage ditch so the developer is obtaining letters from
the property owners were the ditch ran through. If the ditch ends up not being a drainage ditch the water would need to be handle up stream. Mr. Miller said there is a culvert that
was buried on 7th North which is clearly marked with the word irrigation and the ditch can be followed to the river. The presence of a ditch is Idaho State Law stating there is right
of way.
Justin Hodges said he is opposed to the rezone request on 7th North. The additional development would cause additional traffic concerns on 7th North. He feels there is a disregard for
the infrastructure on 7th North. He is appreciative of the new stalled traffic light.
Lee Munns said he farms a property west of Mr. Miller’s property. He visited with an engineer before any development took place around the church on 475 E. 7th N because there was a
concern with flooding and at that time his property and Mr. Miller’s property were at the tail end of the drainage ditch. The excess water in the ditch will either flood their properties
or the housing addition. Originally, Val Grover had sold his property and was ok with the ditch being filled in because he was no longer going to irrigate. He also visited with Bron
Leathem and he too was no longer going to irrigate his property.
Mr. Munns stated the ditch is a drainage ditch any irrigation water flowing through the ditch and into the river is considered a drainage ditch. When some of the surrounding property
owners sold their property, it caused the elimination of a lot of water running through the ditch. He said he was told by an engineer something would be done to handle the excess water
such as a retention pond. The retention pond was not built. Last year, there was an issue when the ditch had a full stream of water after he had watered his property. He had to open
his headgate in order to allow the excess water to flow through or the housing addition would have been flooded causing a lot of damage. A similar situation happened in the county with
a section of ditch being filled, it didn’t cause any issues for about five years until one year the snow melted quickly and there was frost in the ground. The water from the melting
snow couldn’t sink into the ground due to the frost. The excess water filled the ditch all the way down to where it was filled in and flooded Homer Taylor’s property. The ditch had
to be dug back out. He said even with the farmers doing their best to manage the water in the ditch, it is possible for flooding to occur because there are unforeseen situations that
can cause the ditch to overflow.
Mr. Munns said there is another drainage ditch on the top side of the Stonebridge Division that may cause issues because the home owners are filling it with garbage. The ditch should
only be used for drainage water and hasn’t been used for irrigation since the property was sold.
Committee Liaison Assignments for 2021:
A. Council Member Mann: M.E.P.I. · Legacy Flight Museum
Council Member Mann reported the Legacy Flight Museum is sponsoring the Airshow on Saturday, June 19th starting at ten o’clock in the morning.
B. Council President Busby: Cultural Arts/Museum Events · School Board · M.U.S.I.C.
Council President Busby reported Cultural Arts Director Platt informed him of the upcoming events. There will be an open house to tour the recently remodeled Romance Theater on May 19th
for the city employees. The Tabernacle will be performing a concert on May 27th, it will stream live online. Mr. Call the Orchestra Director is retiring and Kendal Nelson will be the
new conductor. The Art Stroll will be held on Friday, June 4th with a chalk the block competition. To commemorate the 45th Anniversary of the Teton Dam Flood the Tabernacle will hold
an escape room experience.
Council President Busby reported the School Board is making preparation for the upcoming graduation ceremony. There are community patrons using the Field House every morning to play
pickle ball.
C. Council Member Walker: MYAB · Traffic & Safety
Council Member Walker said the MYBA met today and toured the Wastewater Plant. The Traffic and Safety Committee met to discuss the crosswalk on South 1st West and West 3rd South, city
staff is working with BYU-I representatives to address the abandonment of the crosswalk. There was discussion about the trees in front of the new Wal-Mart. The tree are blocking the
review of the road and need to be torn out.
D. Council Member Johnson: Trails · Beautification · Free Clinic Board
Council Member Johnson reported the Beautification Committee has planned a community clean up event at Eagle on April 28th from 4:00 p.m. to 6:00 p.m... The Trails Committee has not
met; however, there are mountain bike trails at Eagle Park that are part of the community clean up. She reported the Rexburg Free Clinic is doing well and are always seeking more volunteers
and donations. The clinic provides free healthcare to the community members by medical staff volunteering their time. They are seeking volunteers willing to serve on the board.
E. Council Member Flora: Parks Committee · Recreation Committee · Urban Renewal Agency
Council Member Flora said the Urban Renewal District met today to discuss the widening of 7th North scheduled this summer. They discussed the refinancing of one of the district bonds.
The Parks and Recreation Committee met to discuss the relocation of disk golf from Nature Park. Eric Isaacson has shown interest in serving on the Parks and Recreation Committee.
Council Member Flora moved to ratify the appointment of Eric Isaacson to the Parks and Recreation Committee; Council Member Johnson; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
F. Council Member Wolfe: Airport Board · Golf Board
Council Member Wolfe reported the Airport did not met. The Golf Board met to discuss rebuilding the deck at the Teton Lakes Club house and due to the cost of lumber, they are considering
an alternative option of using concrete and steel. He said whichever material they decide to use the deck costs will be over budget which is a concern. He is in favor of building the
deck using steel and concrete. The shop Val Grover donated to the city is ready to be moved to the golf course.
Staff Reports:
Finance: - Matt Nielson
Finance Report
Finance Officer Nielson reported he has been redesigning the cart of accounts for the Tyler Financial Software, it has been a massive project. Some of the accounts will be moved to the
primary accounts. The Planning and Zoning Fund will be moved back to the General Fund, it is currently in the Community Development Fund under Inspections. Mayor’s Youth Advisory Board
Fund is a minimal amount so it will be moved back into the Mayor and City Council Fund. The Veterans Memorial Fund in the past generated more funds; however, the expenses are minimal
and will be put back in to the Parks Fund. The Animal Shelter Fund will be moved to the Police Department which will make reporting more streamlined.
Finance Officer Nielson reviewed the Budget Operating Expenditure Report.
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Finance Officer Nielson reviewed the Budget Operation Revenues Report.
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Finance Officer Nielson reviewed the Cash and Investments Report. The deposits and reserves are growing due to some of the major capital improvement projects in the budget that are not
being completed, mostly in wastewater. There have been many water projects completed and funds have been borrowed from
the Department of Environmental Quality (DEQ) Loan. There is the potential of having a health reserve in water to be able to pay down on the loan. As far as investments the Local Government
Investment Pool a year ago it was at 1.8.% yield currently it is at .23% yield. The return of the investments are really low.
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Budget Adjustment for City Hall HVAC System and Romance Theater Remodel
Finance Officer Nielson reviewed the Budget Adjustment for the City Hall HVAC System.
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Council Member Walker moved to approve the Budget Adjustment City Hall HVAC System; Council Member Mann seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Finance Officer Nielson reviewed the Budget Adjustment for the Romance Theater Remodel.
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Council President Busby asked for a list of items needing to be purchased for the Romance Theater remodel.
Finishes (attached to building)
$350 3 compartment sink (upper concessions)
$200 Mounting hardware
$1000 Art and frames
$250 Shadow box displays
Furnishings
$550 Display cabinets (showcasing items from the Museum of Rexburg)
$300 Bench
$500 Lamps/decor
$200 Clocks (art deco)
$250 Mirror (art deco)
$1000 6 round 60” folding tables
$150 Tablecloths
$2000 50 stacking chairs with cart
$350 Storage shelves
$650 Work stations/desks
$300 Office chairs
$150 Trash cans
$100 Entry and standing mats
Signage
$2500 Banners, exterior signage
$2000 Interior signage (directional to restrooms, labels for seating rows, displays)
Contracted Services
$1000 Paint tech room, janitor closet, storage area, meeting room, doors inside auditorium
$500 Demo air shaft and build closet in meeting room
$400 Install flooring in lower meeting room
$400 Enclose air grates in auditorium hallways
Council President Busby moved to approve the Budget Adjustment for the Romance Theater Remodel; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Public Works: - Keith Davidson
Bid Acceptance for Local Improvement District 50 (LID 50)
Public Works Director Davidson reviewed bids received for LID 50. The low bid was received by Mountain Valley Construction.
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Council Member Flora moved to approve the low bid of $1,577,645 from Mountain Valley Construction for Local Improvement District 50; Council President Busby seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Public Hearing 7:00 P.M.: Idaho Community Block Grant for Improvement to the City of Rexburg’s Wastewater System from Idaho Department of Commerce Status of Funded Activities – Keith
Davidson, Rick Miller
Public Works Director Davidson gave an update on the amount of funds spent on the Barney Dairy Lift Station as part of the grant requirements.
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Council Member Wolfe asked if the Millhollow lift station will be complete removed. Public Works Director Davidson replied yes the lift station will be removed because there won’t be
any wastewater flowing past that lift station. The new lift station is deeper to give more of response time in case there were any problems with blockage.
Mayor Merrill opened the Public Hearing
Public Testimony in favor of the proposal (5-minute limit):
Public Testimony in neutral to proposal (5-minute limit):
Public Testimony opposed to the proposal (5-minute limit):
Council Member Walker moved to approve the Idaho Community Block Grant for Improvement to the City of Rexburg’s Wastewater System from Idaho Department of Commerce Status of Funded Activities;
Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Mayor’s Report:
Mayor Merrill announced the city was awarded the $225,000 Idaho Community Block Grant for the Nature Park Restroom Project.
Items for Consideration:
Reconsideration on Amendment to Development Code Ord No 1200 Sign Regulations in the Interchange Areas from 50 feet to 70 feet #21-00079. Planning & Zoning Recommend Denial of the Amendment,
but is Recommending Staff take a Holistic Approach to Review the Sign Ordinance and Present Amendments that Benefit Commercial Enterprise and the Community. – Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed several interactive maps with sign heights at 50 feet verses 68 feet and northbound verse southbound on the highway from a drivers
perspective. There are three different interchanges which will be affected by the decision made tonight regarding the sign height. The following picture is the south interchange with
the Berry sign at 50 feet and the Conoco sign on the right at 68 feet. He said because of the curvature of the road the Conoco’s sign has an advantage of being seen first. There are
also natural barriers that block the view of a sign as well.
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Council President Busby questioned the 1500 foot radius around the interchange. Planning and Zoning Administrator Parkinson reviewed a maps indicating the 1500 radius around the interchanges.
One of the questions asked during the last City Council meeting was if the 1500 radius could be reduced to 900 feet. He said reducing the radius would be a detriment to the businesses
further from the allowed radius because their signs would be harder to see due to distance. The recommendation from city staff is to keep the 1500 foot radius.
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P&Z Administrator Parkinson continued to review the interchange maps. The Federal Aviation Administrator will determine the sign height near the center interchange due to the proximity
of the airport. The north interchange is much wider compared to the center and south interchanges. He said due to the orientation of the road, it is difficult to see a sign if you are
on the opposite side of the sign on the north interchange.
P&Z Administrator Parkinson explained after direction for City Council to review the city’s sign ordinance, they realized there are other issues in the ordinance than sign height that
need to be addressed. Some of those issues include the dimension of the sign at the higher height, do they allow all of the business in a commercial plaza to erect 50 foot signs and
how to address buildings, trees and other structures blocking the signage.
Council Member Flora said she watched the Planning and Zoning Meeting. She said there were really good comments made at the meeting; however, Jim Lawrence’s comments were cut off the
recording. She asked if Planning and Zoning Chairman Rory Kunz could explained Mr. Lawrence’s background and issues regarding the sign height.
P&Z Chairman Kunz said he can paraphrase Mr. Lawrence’s comments at the meeting. Mr. Lawrence is a civil engineer by trade and serves on the Planning and Zoning Commission. Mr. Lawrence’s
expertise are in transportation. His sentiment was nationwide civil engineers are moving away from the higher sign heights and more towards smaller signs in a condensed areas. Mr. Lawrence
also said there isn’t evidence to support the claim that bigger signs draw in more business.
Council Member Johnson said when she considers the future of Rexburg she doesn’t desire big signs by the neighborhoods. There is a neighborhood near the middle interchange and it isn’t
fair for the businesses in town to have a smaller sign. She agrees with the comments made at a previous meeting stating favoritism is being shown to the business near the interchanges
by allowing them a higher sign height.
Council Member Wolfe said he doesn’t have a problem with the higher sign height near the interchanges because regardless of where a sign is located it will block someone’s view. A business
should have the option of having a sign at a height of 70 feet when there is a business that already has a sign that height. Council Member Walker said he agrees with Council Member
Wolfe of increasing the sign height to 70 feet.
Council Member Mann said he is oppose to increasing the sign height, it create the possibility of having sign wars between businesses. There are some business signs that are grandfather
at their current height and he believes increasing the sign height would be a mistake. He recommends city staff review the sign ordinance to address the issues regarding sign dimensions,
number of signs allowed on one structure, etc.
Council Member Flora moved to deny the Amendment to Development Code Ord No 1200 Sign Regulations in the Interchange Areas from 50 feet to 70 feet; Council Member Mann seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora Council Member Walker
Council Member Johnson Council Member Wolfe
Council Member Mann
Council Member Walker
Council President Busby
The motion carried
Planning & Zoning Recommendation to Deny the Rezone at approximately 301 S 12th W from Rural Residential 2 (RR2) to Low Density Residential 2 (LDR2) and Medium Density Residential 1
(MDR1) #21-00147. If Motion Passes, it will be referred back to Planning & Zoning for further Public Hearing. – Alan Parkinson
Brent Anderson said he does not agree with Planning and Zoning recommendation to deny the rezone request. The Birch Family owns about 25 acres of land bordering 12th West going east
toward the highway. The rezone request is in line with the city’s Comprehensive Plan Map and there are adequate city services to accommodate the rezone. They are requesting the four
acres along the highway going west be zoned to Medium Density Residential 1 (MDR1). He believes this is the best use of that section of land because there aren’t too many single family
homes bordering the highway. They are requesting Low Density Residential 2 (LDR2) Zone on the remaining 21 acres
Mr. Anderson said there were many comments by those opposed to the rezone; however, most of the land in the surrounding areas has been rezoned and some properties have been rezoned more
than once. There were comments about 12th West being an already busy road; however, it is slated to be a five lane road. They discussed the impact of nearby schools and churches and
the preservation of an irrigation canal. He understands the importance preserving those rights and easements. When he considers the community as a whole and the people moving to Rexburg
this is the best use of this property.
Council Member Flora clarified not a single testimony given at the public hearing stated they desired for the property to keep the same zone. They understood the need for change and
growth; however, they were not in favor of the higher density on the four acres of land. They were in favor of low density residential. Mr. Anderson said he is not opposed to the 25
acres being Low Density Residential Two (LDR2); however, the best use for the land abutting the highway would be MDR1.
Sharee Barton said she personal welcomes development and growth; however, she believes in maintaining the integrity of neighborhoods. The LDR2 Zone allows for twin homes and duplexes
and creates an inconsistent fell in the neighborhood. There are single family subdivisions along the highway one of them is near the golf course. She said Rexburg is growing and land
is needed where single family homes could be built.
Steve Oakey commented regarding property use because the pernicious nature of zoning has allowed some people in this country to make it a pass time to tell other people how to use their
property. In this case he has yet to hear a strong argument to disallow someone else to maximize the use of their property. It seems everyone in the neighborhood has an opinion on how
their neighbor should be running their lives. These neighbors don’t have a financial stake as far as disallow the property owner who does have a financial stake. There are hundreds
of people that are not in this room who will remain nameless and faceless and be denied the ability to compete a transaction with this property owner to build a home. He said density
be damned, it doesn’t matter if there is a financial transaction that is voluntary and consensual between this property owner and the unforeseen persons. The City Council should not
deny a rezone such as this one before them, they should allow the property owner to maximize the use of their property.
Mr. Oakey explained when development takes place and the road needs widened they widen the road, if more policing is needed more police officers are hired, if there are children involved
more schools are built so unless someone has a very serious objective to this rezone which he has yet to hear during his time serving on the Planning and Zoning Commission and many
years attending City Council Meetings. He said he has yet to hear a legitimate reason why we should deny other people the right to use their property and he doesn’t see why this rezone
should be denied. By denying the rezone request value is being taken away from the property owner and the unforeseen people who stand to benefit from this development.
Tyler Barton said respectfully disagrees with Mr. Oakey, there are many reasons this rezone would affect people. He said for the property owner it’s about obtain the most financial gain
from his property; however for the people living near the property it does have an effect. If the rezone is approved the MDR1 section of the property would be mirroring the Meadow Townhomes.
To him the Meadows is a mess, it’s a danger, if there were an emergency or catastrophe, and it’s a dangerous place. It’s a hazard to people to allow the same mistake to be made by allowing
MDR1 near the same location as the Meadows. He said there is a middle ground because the neighbors aren’t saying absolutely no change. They recognize the growth taking place in Rexburg
and prefer the planning for growth be calculated changes. The Planning and Zoning guidelines indicate transitions in neighborhoods are part of the process and those transitions should
be made based on surrounding neighborhoods. He purchased a half an acre lot in the Willow brook Subdivision with the
expectation of a country feel and there is to some degree. The rezone changes should be based on wisdom and prudence.
Brent Morring said many have made an important financial decision when purchasing their home base on the current established Planning and Zoning laws. One of the comments made was that
the best location for the MDR1 Zone would be closer to the highway as oppose to low density residential homes because of noise; however, higher density would place more people next
to highway. He pointed out the highway is a natural brake in his opinion and that west of the highway remains as is with a country feel. The general principal when seeking a rezone
change is that the burden should be placed on the person requesting the change and everyone should benefit from the change not only the requesting party.
Mr. Morring commented there is still a large difference between LDR1 and LDR2 Zones. The LDR1 Zone allows single family homes on a larger lot size as with LDR2 allows twin homes on 8,000
square feet. The added traffic to the road would make it so the road would have to widened; however, the road wouldn’t be immediately be widened. There would be several thresholds of
traffic that would need to be met before widening the road to five lanes.
Richard Geddes said people don’t move to Rexburg to live in an apartment. The people living in high density housing are not planning to stay in Rexburg so if the desire is to have a
stable community and don’t want people to move to Rigby or Idaho Falls because housing is cheaper. He asked City Council to deny the rezone request.
Eddie Pinnock said he understand the neighborhoods concerns regarding traffic, schools, higher density and the rural feel. The past City Council members in their wisdom have implemented
tools to assist in the planning process. One of those tools is the Comprehensive Plan Map. As owners of the property they are not requesting a zone contrary to the Comprehensive Plan
Map. They are using the tools set forth by City Council to obtain the best use for their land.
Mr. Pinnock said the reason the roads were stubbed near the Meadows was due to anticipated growth. A map of the stubbed road were viewed on the overhead screen.
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Mr. Pinnock said there aren’t traffic issues on 12th West because the city already has measures in place to address the traffic concerns. The property owners along 12th West are anticipating
the widening of the road and the other needs caused by development will be addressed. They are not developing the property at this time. As property owners they are requesting their
rights to rezone their property. He asked City Council to consider city staff’s recommendation to approve the rezone request.
Tammy Geddes explained the Comprehensive Plan Map shows the property as Single Family Residential and the section of property where the MDR1 is being requested will significantly increase
the density. She requested for educational material regarding the Planning and Zoning processes. There are a few subdivisions zoned Rural Residential 1 (RR1) and Rural Residential 2
(RR2) in the city.
Discussion regarding properties zoned RR1 and RR2 which have been developed. Mrs. Geddes said often when families move into apartments, it’s because they haven’t found a home with more
space that feels like the country. She said many people move to the county to be able to have the half acre lots. If the property is rezoned, it will affect her property and her neighbors
property because her property is already affect by the higher density of Meadow Townhomes. She has children from the Meadows coming to her property to play because her yard is larger.
Virginia Hill said she is part owner of the Birch property. She has noticed in larger cities they are using MDR1 along the highway as a buffer. As Rexburg continues to grow changes will
take place she too is being
affected by change. One of the reason they are requesting LDR2 is to have a smaller lot size. The next generation of families prefer smaller yards.
P&Z Commissioner Chairman Rory Kunz said in his personal opinion the rezone request is a good fit for the area. In the Pine brook Estates there are seven lots that have not sold. He
understands will eventually be sold because of the shortage in available lots. He said having MDR1 along the highway makes sense. The rezone request is not for high density it is for
medium density. As far as some of the other elements which have been brought forward due to this rezone request the decision should be made based on whether the zone requested is a
good fit for this area.
Council Member Flora mentioned she lives in the Willow brook Subdivision. There were nine Planning and Zoning Commissioners at the meeting and all nine of them voted to deny this rezone
request.
Council Member Mann said he reviewed the comments made from residents at the Planning and Zoning Meeting regarding this rezone request. Some of those comments he rejected out of hand
because the city can’t stop growth because schools or churches are overcrowded. There were other concerns mentioned by the Planning and Zoning Commissioners that he agrees with.
Council Member Johnson said she agrees with Planning and Zonings recommendation to deny this rezone request. She asked for the timeline of when the 12th West will be widened to a five
lane road. Public Works Director Davidson explained the city engineers complete a transportation plan to determine which roads are going to be collector, arterial and local in the future.
The Comprehensive Plan Map is used as a tool to forecast the types of roads needed to handle the traffic. There are different levels of service to determine how well a transportation
facility is operating from a traveler’s perspective. Typically, six levels of service are defined and each is assigned a letter designation from A to F, with A representing the best
operating conditions and F the worst. When the traffic volume are met 12th West will need to be widened.
Public Works Director Davidson continued to explain based on speed and safety issues acceleration, deceleration or turning lanes will need to be installed. When development occurs and
traffic increases a traffic impact study is completed to determine which lanes are needed. At some point 12th West is forecasted to be widened. A five lane configuration road is generally
built when the amount of vehicles using that road surpasses 13,000 vehicles a day call daily average total (DAT). As development occurs it’s important to establish the right of way
and for developer to pay for infrastructure. The city engineers are currently update the city’s transportation plan.
P&Z Administrator Parkinson explained before a rezone is presented to the Planning and Zoning Commission city staff is tasked with reviewing the city’s Development Code, the Comprehensive
Plan Map and Transportation Plan. The Ready Team which consist of members from the city’s Public Works Department, Planning and Zoning, Building, Economic Development and Legal. After,
all of these items and the necessary requirements are met are reviewed by city staff. A recommendation to Planning and Zoning and City Council is made by city staff. The recommendation
made by city staff is based on the maximum potential of density allowed in the zone being requested. This rezone request met the requirements based on the Comprehensive Plan Map, Transportation
Plan and Development Code. There were transportation conditions place on the rezone request.
Council Member Flora moved to deny the Rezone at approximately 301 S 12th W from Rural Residential 2 (RR2) to Low Density Residential 2 (LDR2) and Medium Density Residential 1 (MDR1);
Council President Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Planning & Zoning Recommendation to Approve with Conditions a Conditional Use Permit (CUP) to Allow a Seasonal Food Sale Stand in a Light Industrial (LI) Zone Located at 1050 N 2nd E
#21-00146 – Alan Parkinson
Planning and Zoning Administrator Parkinson said Mr. Easton is the applicant requesting the Conditional Use Permit (CUP) to allow a Seasonal Food Sale Stand in a Light Industrial Zone
by Porter Office Supplies. The applicant has an agreement with Porter’s owner to allow his customers to use the restrooms inside the Porters building. He said Mr. Easton has provided
a traffic plan to keep vehicle off of 2nd East. A CUP is needed to allow a food establishment in a LI Zone. A map of the location was viewed on the overhead screen. Discussion regarding
the traffic flow for the establishment.
Robin Easton explained the purpose of opening another Soda Vine location is to alleviate the traffic issues at the existing location on 50 S 2nd W. The building has been designed to
allow the employees to have a good view of the traffic flow. They will be serving all of the items available on their menu except for the milk shakes. She understands the trailer will
only be allowed at the location for six months due to the city’s existing ordinance regulating mobile food trailers. The size of the building 12x28 and is not a trailer it is a building
placed on skids. There will be traffic cones placed to direct the flow of traffic.
P&Z Administrator Parkinson said there was a condition recommended by the Public Works Department if there were issues with vehicles stacking on the road the CUP be denied. The Planning
and Zoning Commission recommend a plan be submitted to address the stacking of vehicles.
Council President Busby moved to approve the a Conditional Use Permit (CUP) to Allow a Seasonal Food Sale Stand in a Light Industrial (LI) Zone Located at 1050 N 2nd E with the conditions
Planning and Zoning recommended; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Calendared Bills:
Tabled Item from April 7, 2021 City Council Meeting:
Planning & Zoning Recommendation to Rezone approximately 525 E 7th N from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1) #21-00063. Designated as Ordinance
No 1257 if Motion Passes and Considered 1st Read – Alan Parkinson
Council Member Mann moved to untable Calendared Bill: item a. Planning & Zoning Recommendation to Rezone approximately 525 E 7th N from Low Density Residential 2 (LDR2) to Medium Density
Residential 1 (MDR1); Council President Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Neal Erickson said there are issue with allowing more development to take place on 7th North. Those issues include allowing Medium Density Residential 2 behind Low Density Residential
2. The second
mistake was allowing the church to be built to close to the road. When the road is widened it will encroach upon the church house. He said he doesn’t desire another mistake be made by
rezoning the property to a Medium Density Residential 1. The issues that have been brought forth regarding the drainage ditch need to be addressed before a decision to rezone is made.
He said having rental property abut agriculture is uncommon. There should be a buffer to flow into higher density housing.
Mr. Erickson said the amount of development taking place on 7th North will create more traffic concerns on an already busy road. There are semi-trailers using 7th North to get to the
Basic American Food Plant, a railroad crossing and the traffic from Highway 33 merging onto 2nd East from Sugar City. There is also traffic from the high density developments slated
to be built along Highway 33. The city has not taken the necessary provisions to reduce the traffic merging on to 2nd East.
Planning and Zoning Administrator Parkinson explained the developer is working with his engineers and the farmers regarding the drainage ditches that were filled in during the previous
development. He said city staff is recommending approval of this rezone to City Council. He addressed the concerns with the 7th North road not being adequate to handle the traffic needs.
A traffic study was completed and those needs have been addressed. Currently, the road is adequate to handle the traffic and as additional development occurs the road will be widened
and sidewalks, curb and gutter will be added. There are discussions regarding the placement of a second corridor to offset the traffic on 2nd East. At this point the developer has not
formally presented to city staff any development plans for the property they are requesting the rezone; however, there was mention of possible twin homes.
Council President Busby asked for clarification regarding the person or persons working with the famers regarding the drainage ditches. P&Z Administrator Parkinson replied Blake Jolley
with Connect Engineering is responsible for doing his due diligence to address the drainage ditches issues. After, Mr. Jolley has addressed these issues he will present the information
to City Council.
City Attorney Zollinger explained the decision before City Council is not a request for development, it is a zone change request. There isn’t any correlation with the pervious subdivision
that was built. Council Member Mann asked for the maximum density allowed in the MDR1 and LDR2 Zones. P&Z Administrator Parkinson replied the highest density allowed in a MDR1 is 16
units per acre and for a LDR2 a duplex with a minimum 10,000 square feet or a single family with a minimum of 8,000 square feet. There is 3.8 acres included in the rezone.
Council Member Johnson said there are several concerns that have been brought forward regarding this rezone therefore she recommends the rezone be denied. Council Member Wolfe mentioned
there are future plans to mitigate the increased traffic. P&Z Administrator Parkinson said the city has received a grant for the costs to build a bridge over the river from 7th North
to Barney Dairy Road. The bridge will allow for a second access onto 2nd East.
Council Member Flora said she would prefer to table the rezone request until additional information is received concerning the drainage ditches. Council Member Johnson asked for the
traffic issues on 7th North to be resolved before allowing addition developments occurs with the zone change. Council Member Flora clarified the widening of the 7th North road is taking
place this year which will alleviate some of the traffic congestion. City Attorney Zollinger also clarified the 7th North road is nowhere near standardize failure modes and with the
addition of the traffic light the road meets all roadway standards. The road is being widened due to the anticipated growth. Council Member Mann said he too is in favor of denying the
rezone request due to the concerns brought forth and with higher density surrounding single family housing.
Council President Busby expressed his concerns with approving the rezone when there are issues that have not been resolved. Council Member Walker said he is favor of tabling the rezone
until the information regarding the drainage ditches are resolved.
Council Member Flora moved to table the Rezone approximately 525 E 7th N from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1) until drainage issues are resolved;
Council Member Walker seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora Council Member Johnson
Council Member Walker Council Member Mann
Council Member Wolfe Council President Busby
The motion failed
Council Member Mann moved to deny the Rezone approximately 525 E 7th N from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1); Council Member Johnson seconded the
motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson Council Member Flora
Council Member Mann Council Member Walker
Council Member Wolfe Council President Busby
The motion failed
Council Member Flora moved to table Rezone approximately 525 E 7th N from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1); Council Member Walker seconded the
motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora Council Member Mann
Council Member Walker Council Member Johnson Council Member Wolfe
Council President Busby
The motion carried
Second Reading: Those items which have been first read:
Ordinance No 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12th W and parcel numbers RPR6N39E260006 and RPR6N39E260007
#21-00084 – Alan Parkinson
ORDINANCE NO 1258
Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at Approximately 20 South 12th West and Parcel Numbers RPR6N39E260006 and RPR6N39E260007 in
Rexburg, Idaho
AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN
REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
Council Member Walker moved to approve Ordinance No 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12th W and parcel
numbers RPR6N39E260006 and RPR6N39E260007 and consider second read; Council President Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Third Reading: Those items which have been second read: –
Ordinance No 1255 Driving with Pedestrian and Bicycles Safety Amendment to Rexburg Municipal Code (RMC) §10.4 ARTICLE I Driving. Stephen Zollinger
/
/
Council Member Flora moved to approve Ordinance No. 1255 Driving with Pedestrian and Bicycles Safety Amendment to Rexburg Municipal Code (RMC) §10.4. and consider third read; Council
Member Johnson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Flora
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Ordinance No 1254 Rezone 165 & 191 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1) #20-00928. Alan Parkinson
ORDINANCE NO 1254
Rezone Approximately 165 & 191 N 1st W, Rexburg, Idaho to High Density Residential 1 (HDR1)
AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN
REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
/
Council President Busby moved to approve Ordinance No. 1254 the Rezone at approximately 165 & 191 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1) and consider
third read; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Flora
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Ordinance No 1253 Amend Development Code Ord No 1200 Mixed Use (MU) Zone – Requirements for mixture of residential and commercial, permitted uses, and yard requirements amended. Some
density and parking requirements have been removed #21-00074. Alan Parkinson
/
Council Member Johnson moved to approve Ordinance No. 1253 to Amend Development Code Ordinance No 1200 Mixed Use (MU) Zone – Requirements for mixture of residential and commercial, permitted
uses, and yard requirements amended with some density and parking requirements being removed and considered third read; Council Member Walker seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Flora
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Mayor’s Business:
Consent Calendar: The consent calendar includes items which require formal City Council
action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion
in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items.
Minutes from April 7, 2021 meeting
Approve the City of Rexburg Bills
Council Member Walker moved to approve the Consent Calendar containing the minutes and city bills; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Executive Session: Roll Call Vote for Motion to Enter into Executive Session per Idaho State Statute §74-206(1)(f) To communicate with legal counsel for the public agency to discuss
the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated.
Council Member Busby moved to enter into Executive Session per Idaho State Statute §74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications
of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated approve the Consent Calendar containing the minutes and city
bills; Council Member/President Wolfe seconded the motion; Mayor Merrill asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Executive Session started at 9:56 P.M.
Executive Session Ended at 10:40 P.M
Adjournment 10:41 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Marianna Gonzalez, Deputy City Clerk