HomeMy WebLinkAboutCouncil Minutes - April 20, 2022
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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 (video index 13:06)
Discussion regarding the drive around schedule for the City Council Work Meeting on Friday, April
29th.
1. 8:30 A.M. Fire Department – Breakfast
2. 9:00 A.M. Park Street Review
3. 9:30 A.M. Basic American Tour
4. 11:30 A.M. 911 Dispatch Center and Jail Tour
5. 12:15 - 1:00 P.M. Lunch at City Hall Council Chambers
6. 1:15 P.M. Escape Room at Rexburg Museum
7. 1:45 P.M. East Parkway Corridor Review
8. 2:15 P.M. Roundabout at Pioneer Rd and 7th South Review
9. 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.
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.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x 2101
Fax: 208.359.3022
deborahl@rexburg.org
www.rexburg.org
City Council Minutes
April 20, 2022
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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.
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 (26:19) reviewed the City of Rexburg Comprehensive Plan
and its purpose.
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.
Planning and Zoning Administrator Parkinson reviewed the 2022 Comprehensive Plan Project Schedule.
6:30 P.M. City Hall (1:35:20)
Council Member Walker said the prayer
Council Member Flora led the pledge
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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: (1:38:26)
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.
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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: (1:48:20)
A. Finance: - Matt Nielson
1. Financial Reports
Finance Officer Nielson reviewed the city Budget Report and Cash & Investment Balance Report.
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B. Public Works: - Keith Davidson (1:51:10)
1. Bid Acceptance for 2022 Street Painting crosswalks and turn arrows
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.
C. Information Technology: - Todd Smith
1. Broadband Project Update
Mayor Merrill said the Broadband Project Update was discussed during the City Council Work Meeting
earlier today.
Mayor’s Report (1:53:08)
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.
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Items for Consideration: (1:55:05)
A. 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 reco mmend 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.
________________________________
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.
B. Planning and Zoning recommendation to approve a rezone at approximately 1114 N (2:02:13)
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.
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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.
C. (2:04:20) 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.
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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.
D. (2:27:58) 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.
E. (2:28:10) 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:
A. Second Reading: Those items which have been first read: NONE
B. Third Reading: Those items which have been second read: NONE
Mayor’s Business: (2:31:56)
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
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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: (2:33:12) The consent calendar includes items which require formal City Council
action; however, they are typically routine or not of great controversy. Individual Council members may ask
that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory
information is included in the City Council’s agenda packet regarding these items.
A. Minutes from April 6, 2022, Meeting
B. 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
(2:33:48) 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:
________________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Deputy City Clerk, Marianna Gonzalez