HomeMy WebLinkAboutCouncil Minutes - April 20, 2022
Mayor Jerry Merrill
Council Members:
Robert Chambers Jordan Busby
Mikel Walker Tisha Flora
Colin Erickson 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
5:00 P.M. Work Meeting Comprehensive Plan Review, Annexation Strategies, Review Short-term Rentals, Condo Plats
Discussion regarding the drive around schedule for the City Council Work Meeting on Friday, April 29th.
8:30 A.M. Fire Department – Breakfast
9:00 A.M. Park Street Review
9:30 A.M. Basic American Tour
11:30 A.M. 911 Dispatch Center and Jail Tour
12:15 - 1:00 P.M. Lunch at City Hall Council Chambers
1:15 P.M. Escape Room at Rexburg Museum
1:45 P.M. East Parkway Corridor Review
2:15 P.M. Roundabout at Pioneer Rd and 7th South Review
2:45 P.M. 5th West Expansion Review
IT Director Smith showed a sample of the 432 strands of fiber and the conduit the fiber will go through. The construction of the fiber ring began on April 4th. They have bore 2,934 feet
and have placed conduit, dug seven handholes and have not performed any plowing so far. The red line in the map indicates where the conduit has been installed.
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IT Director Smith said two weeks prior to digging the handholes the contractor will stake or mark the location of the handhole and place a doorhanger on the resident’s doors to inform
them of the work being completed. During the boring process in the street or near a service line, a 40-inch hole is bore to avoid damaging any utility lines.
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IT Director Smith continued to explain the processes of digging a handhole. In some cases a vac-truck is used to suction the dirt to avoid any damage to sprinkler lines. The orange lines
are conduit lines. He said 230 of these handhole boxes will placed throughout the city. Council Member Flora asked for the size of the handhole. IT Director Smith replied the size of
the boxes are 36 inches by 40 inches. The boxes will be placed in the landscape strip of the property.
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Discussion regarding the space between each box. In some areas a box will be placed in between two homes and in other areas they will be place further apart.
Planning and Zoning Administrator Parkinson reviewed the City of Rexburg Comprehensive Plan and its purpose.
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Planning and Zoning Administrator Parkinson reviewed a section of Idaho State Statute Title 67 State Government and State Affairs Chapter 65 Local Land Use Planning 67- 67-6508 Planning
Duties.
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Discussion regarding property rights and changes the city has experienced over the years. Planning and Zoning Administrator Parkinson reviewed the Comprehensive Plan Elements and some
of the characteristics associated with the plan. He said element #16 doesn’t apply to the city.
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Planning and Zoning Administrator Parkinson reviewed the 2022 Comprehensive Plan Project Schedule.
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6:30 P.M. City Hall
Council Member Walker said the prayer
Council Member Flora led the pledge
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Johnson, Council Member Chambers, Council Member Erickson, Council Member Walker, 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.
Committee Liaison Assignments for 2022:
A. Council Member Chambers: M.E.P.I. · Cultural Arts Events · Grants
Council Member Chambers reported on May 4th the Tabernacle Orchestra will be performing their Spring Concert. Every Thursday is Throw Back Thursday Movie Night at the Romance Theater.
The movie showing tomorrow is Singing in the Rain. On May 7th the Cinco de Mayo Celebration will be held on Center Street from noon to 4:00 P.M. This event is sponsored by Sun Glo of
Idaho. The Children’s Rexburg Choir Concert will be held on May 20th at 7:00 P.M in the Tabernacle.
Council Member Chambers reported on May 6th at the Museum of Rexburg a new escape room will be available to the public. The cost is $6 a person and includes access to the museum. As
far as grants are concerned, he is always impressed by City Grant Writer Mary Flanary. She recently submitted a transportation grant for three million dollars which would cover half
of the six-million-dollar East Parkway Corridor-Phase 1 Project. Also, two grants were recently approved, one was for the 2nd East connector path along the railroad tracks. Grant Writer
Flanary had applied for $335,000; however, the city was awarded $500,000 for that project. The second grant was for a passage under the 2nd East Bridge. She applied for $500,000 and
the city was awarded $750,000.
Mayor Merrill said Grant Writer Flanary does a great job writing grants. When the city was awarded, the T-Mobile grant their representative mentioned the grant application was one of
the best written they have seen.
B. Council President Busby: School Board · M.U.S.I.C.
Council President Busby reported the M.U.S.I.C. committee met to discuss preparations for the first annual Potato Box Derby. The committee members are also looking for volunteer opportunities
to serve the community. The School Board will meet tomorrow; however, the baseball season has started with the first game being played at Thunder Ridge High School. The softball team
will hold their first game of the season tomorrow against Rigby.
C. Council Member Walker: MYAB · Traffic & Safety · Emergency Services Board
Council Member Walker reported the MYAB met on the 7th of April. They toured the Madison County jail. They will meet again tomorrow for the community clean-up at Eagle Park. The Traffic
and Safety Committee met. The Emergency Services Board has not met.
D. Council Member Johnson: Trails · Beautification · Grants
Council Member Johnson reported the Beautification Committee has organized the Eagle Park Community Clean-up tomorrow. She invited all to attend to help clean up the park so it is ready
for the summer months. The clean-up starts at 4:00 p.m. to 6:00 p.m. The Trails Committee is working with Madison County to possibly install a path from Highway 33 heading North on
12th West towards the golf course. The pathway would be made of gravel, and they hope to have a section of this path completed by this summer.
E. Council Member Flora: Parks Committee · Recreation Committee · Urban Renewal Agency
Council Member Flora reported the Parks Committee has not met; however, at Nature Park they will start the installation of the new playground equipment on April 25th. The Recreation
Committee met at Eagle Park to discuss it being a possible location to install disk golf equipment. Recently, a survey was sent to random residents to understand the desires of the
community members regarding recreation. She asked for the community members to participate in these surveys and help form the idea of what recreation will look like in Rexburg.
Council Member Flora reported the Urban Renewal Agency met today and will meet again next week to discuss the development of a new property across from the Basic American Foods Plant.
F. Council Member Erickson: Airport Board · Golf Board · Legacy Flight Museum
Council Member Erickson reported the Airport Board met and they are waiting to hear back from Federal Aviation Administration (FAA) on the re-location approval of the airport. The runways
will be chip sealed. The Golf Board met to discuss the start of the season. The golf course has been busy regardless of the cold weather. There is a new shop at the golf course and
the new deck will be completed in May. They will be hosting a regional district golf tournament. He said Blisters BBQ is the new restaurant that will be operating at the Teton Lakes
Club house.
Staff Reports:
Finance: - Matt Nielson
Financial Reports
Finance Officer Nielson reviewed the city Budget Report and Cash & Investment Balance Report.
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Public Works: - Keith Davidson
Bid Acceptance for 2022 Street Painting crosswalks and turn arrows
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Public Works Director Davidson reviewed the single bid received for the 2022 Street Painting Crosswalks and turn arrows. Council Member Flora asked about last year’s bid price for the
painting of the crosswalks and turn arrows. Public Works Director Davidson replied the price was about $55,000.
Council Member Flora moved to approve the low bid of $59,089 for the year 2022 and $61,589 for the year 2023 from the Idaho Traffic & Safety for street painting crosswalks and turn arrows;
Council Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Information Technology: - Todd Smith
Broadband Project Update
Mayor Merrill said the Broadband Project Update was discussed during the City Council Work Meeting earlier today.
Mayor’s Report
Mayor Merrill reported the concerns that were reported on the April 6th City Council Meeting regarding the Bird Scooter business have been addressed with the business owner. They will
continue to work on the geo-fencing with their corporate office. Mayor Merrill reported he met with Ben Hyde regarding a community clean-up event along the Teton River Trail.
Items for Consideration:
Planning and Zoning recommendation to approve a Comprehensive Plan Map amendment at 1114 N Yellowstone Hwy from Commercial/Mixed Use to LDR1-MDR1 #22-00033. Designated as Resolution
2022 – 08 if motion passes – Alan Parkinson
RESOLUTION FOR AMENDING
REXBURG COMPREHENSIVE PLAN MAP
Resolution No. 2022 - 08
WHEREAS, on the 20th day of April 2022, the City Council for the City of Rexburg was duly convened upon notice properly given and a quorum was duly noted; and
WHEREAS, in a Rexburg Planning and Zoning Commission meeting on the 7th day of April 2022, the Planning and Zoning Commission held a public hearing, taking public comment for and against
the proposal to amend the Comprehensive Plan Map. The public hearing ended with an unanimous vote to recommend the proposed Comprehensive Plan Map change to City Council; and
WHEREAS, in a subsequent City Council meeting on the 20th day of April 2022, the City Council reviewed the findings from the Planning and Zoning Commission’s Public Hearing held on the
7th day of April 2022; and
WHEREAS, a comprehensive plan is a living document; an ongoing planning participation effort by the citizens of the community is encouraged to ensure changing conditions meet the needs
of the community; and
WHEREAS, proposed changes to comprehensive plan map can change land use designations; and
WHEREAS, the following approved Land Use designation changes to the Comprehensive Plan Map from Commercial/Mixed Use to LDR1 - MDR1 at approximately 1114 N Yellowstone Hwy (22-00033)
in the City of Rexburg, Madison County, Idaho and more particularly described as follows:
Comprehensive Plan Map Amendment
Legal Description:
A PARCEL OF LAND LOCATED IN SECTION 17, TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING N 89°46'13" E 1351.69 FEET AND NORTH 147.32 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 17 AND RUNNING THENCE N 30°08'20" E 782.94 FEET; THENCE N 89°34'19"
E 501.00 FEET; THENCE S 00°28'34" E 674.14 FEET; THENCE S 89°34'19" W 899.73 FEET TO THE POINT OF BEGINNING. CONTAINING 472,142 SQUARE FEET OR 10.839 ACRES MORE OR LESS.
WHEREAS, the changes shown on the Comprehensive Plan Map dated April 20, 2022 have been approved by the City Council;
NOW THEREFORE, by resolution duly adopted on the date first above written, be it resolved by the Mayor and the City Council the following:
The City of Rexburg does hereby accept and adopt the said Comprehensive Plan Map Land Use Designations in the City of Rexburg Comprehensive Plan.
RESOLVED this 20th day of April 2022; by the City Council, City of Rexburg, Idaho.
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SIGNED BY: Jerry Merrill, Mayor
ATTEST:
I hereby attest that the above is a true copy of a Resolution passed at a regular meeting of the Rexburg City Council, City of Rexburg, held on April __, 2022.
(Seal) ________________________________
Deborah Lovejoy, City Clerk
ATTACHMENT MAP:
AMENDED COMPREHENSIVE PLAN MAP 04-20-2022
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Planning and Zoning Administrator Parkinson explained the Comprehensive Plan Map amendment at 1114 N Yellowstone Hwy from Commercial/Mixed Use to LDR1-MDR1. This request was recommended
to be denied by the Planning and Zoning Commission; however, City Council decided to remand the request and requested further deliberation. Council Member Erickson asked about the sewer
service line and if the line in this area is almost to capacity. Planning and Zoning Administrator said the city will be replacing this sewer line to increase capacity because the line
also serves Sugar City and the City of Teton.
Council Member Erickson asked about the expense to increase the capacity of the sewer line. Public Works Director Davidson explained as development occurs there are impact fees assessed
to that development. The funds collected from the impact fees are placed in a fund that would allow the city to spend that money on increasing capacity.
Discussion regarding the capacity of the city’s Wastewater Treatment Plant. Mayor Merrill said since sewer from Sugar City and the City of Teton is processed at the treatment plant all
three entities would work together to fund the increased capacity to the sewer line as well as grant funds.
Council Member Erickson said he would prefer traffic studies be completed before development occurs not after it occurs. Public Works Director Davidson said when a traffic impact study
is completed for an individual development it determines the type of impact the development is going to have at intersections surrounding the development. He said depending on the size
of the development, the peak hour traffic will determine the type of traffic impact the development will have at surrounding intersections.
Council Member Flora moved to approve Resolution 2022 – 08 Comprehensive Plan Map amendment at 1114 N Yellowstone Hwy from Commercial/Mixed Use to LDR1-MDR1; 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 Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Planning and Zoning recommendation to approve a rezone at approximately 1114 N Yellowstone Hwy from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) #22-00019.
Designated as Ordinance No 1280 if motion passes. Staff recommendation to suspend the rules and considered 3rd Read – Alan Parkinson
Council Member Johnson moved to suspend the rules for Ordinance No. 1280 a Re-zone at approximately 1114 N Yellowstone Hwy from Community Business Center (CBC) to Medium Density Residential
1; Council Member Chambers seconded the motion; Mayor Merrill asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Council President Busby moved to approve Ordinance No. 1280 a Rezone at approximately 1114 N Yellowstone Hwy from Community Business Center (CBC) to Medium Density Residential 1 and
consider third read; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Planning and Zoning recommendation to approve a Comprehensive Plan Map amendment at Pine Brook DIV2 Block 6 Lots 16-24 from Rural to LDR1-MDR1 #22-00102. Designated as Resolution 2022
– 09 if motion passes – Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed the request to amend the Comprehensive Plan Map. Council Member Flora said the decision for this request is more difficult because
the Planning and Zoning Commission recommended approval of the amendment to the Comprehensive Plan Map; however, they denied the zone change. Generally, both requests are either approved
or denied. She said most of the Council Members have watched the Planning and Zoning Meeting and read the meeting minutes regarding this request.
Council Member Johnson said the Comprehensive Plan Map is a vision or a guiding document. Most, developers use the map to gage how the city is developing in certain areas of the city.
One of the purposes of the Comprehensive Plan is to preserve the community. She feels this change to the Comprehensive Plan doesn’t fit with the existing development. The Low Density
Residential One (LDR1) and Medium Density Residential One (MDR1) Zones do not fit the existing development.
Council Member Walker said he is in favor of the Comprehensive Plan Map change because it gives the developer the opportunity to sell the lots. The zone change would allow for twin homes
and this type of housing is needed in the community.
Council Member Erickson said he has concerns with making a rushed decision. The neighborhood started developing at the current zone and now to change the zone to a higher density is
not fair to the existing property owners. He understands the property lots closer to the highway may be more difficult to sell because of the noise; however, there are housing developments
all along Interstate 15.
Council Member Chambers said the only way to change the density in this subdivision is to change the existing plat to these nine lots. A City Council decision would be needed to change
the plat.
Council Member Flora said the developer knew these lots against the freeway were going to be difficult to sell when the original plat for the subdivision was completed and the existing
zone was requested. Why were the LDR1 and MDR1 zones not originally requested? If they foresaw that these lots were going to be hard to sell, why did they not request this higher density
zone from the beginning?
Council Member Flora said she doesn’t see a harm in having twin homes; however, the property owners were informed the lot sizes would be a half-acre. Some of the homes are still being
built and the developer now desires to build twin homes. If the property owners would have been informed before purchasing a lot that there would be twin homes in the neighborhood,
it would be less difficult to decide.
Council President Busby said there was discussion during the Planning and Zoning meeting regarding a sound barrier berm in the development agreement. He questioned the reason why the
sound barrier has not been built. Public Works Director Davidson explained he would need to review the development agreement for this subdivision regarding the sound barrier; however,
he believes the sound barrier was for the development on 12th West and not for Pine Brook.
Discussion regarding the development agreement for the Pine Brook subdivision and installation of the sound barrier berm. Mayor Merrill said one of the aspects of the Comprehensive Plan
Map is does this consideration of the zone change help the developer to the detriment of the community. Is this request a detriment to the community?
Council President Busby said there have been 54 signatures and 19 letters received from residents that are opposed to this request. Council Member Erickson said that is most of the property
owners.
Council Member Walker moved to approve Resolution 2022 – 09 Comprehensive Plan Map amendment at Pine Brook DIV2 Block 6 Lots 16-24 from Rural to LDR1-MDR1; Council Member Chambers seconded
the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Chambers Council Member Johnson
Council Member Walker Council Member Flora
Council Member Erickson
Council President Busby
The motion failed.
Planning and Zoning made no recommendation to rezone from Rural Residential 2 (RR2) to Low Density Residential 2 (LDR2) at Pine Brook DIV2 Block 6 Lots 16-24 #22-00103. Applicant is
making an appeal to the City Council for reconsideration. – Alan Parkinson
City Attorney Zollinger said Resolution 2022 – 09 Comprehensive Plan Map amendment at Pine Brook DIV2 Block 6 Lots 16-24 from Rural to LDR1-MDR1 failed. By passage of law the rezone
also failed.
Planning and Zoning recommendation to approve a Plat for Yellowstone Heights Condominium at approximately 238 Ella Ln off N Yellowstone Hwy #20-00899 – Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed the plat for the Yellowstone Heights Condominium at approximately 238 Ella Lane off the North Yellowstone Highway.
Council Member Chambers moved to approve a Plat for Yellowstone Heights Condominium at approximately 238 Ella Ln off N Yellowstone Hwy; Council Member Johnson seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Calendared Bills:
Second Reading: Those items which have been first read: NONE
Third Reading: Those items which have been second read: NONE
Mayor’s Business:
Mayor Merrill reported on the upcoming city events:
Youth Baseball Registrations ends April 25th
Carousel Kick-Off on Friday, June 3rd
Teton Dam Marathon on Saturday, June 4th
Rexburg Rapids will open on Monday, June 6th
Fly-In on Saturday, June 18th
Main Street Mile on Monday, July 4th
Foamy 5K on Saturday, July 9th
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 6, 2022, Meeting
Approve the City of Rexburg Bills
Council Member Erickson moved to approve the Consent Calendar containing the minutes and city bills; Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried
Council President Busby moved to enter into Executive Session per Idaho State Statute §74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, wherein
the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office
or deliberations about staffing needs in general; Council Member Walker 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 Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried
Executive Session started at 7:33 P.M.
Executive Session Ended at 9:00 P.M.
Adjournment 9:01 P.M.
APPROVED:
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Jerry Merrill, Mayor
Attest:
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Deputy City Clerk, Marianna Gonzalez