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HomeMy WebLinkAboutCouncil Minutes - August 17, 2022 1 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 5:30 – 6:15 P.M. Work Meeting Wastewater Study Presentation – Forsgren Engineers (0:09:53) 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 August 17, 2022 2 3 4 6:30 P.M. City Hall (1:35:44) Council Member Chambers said the prayer Boy Scout Samuel Burns 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. Mayor Merrill asked to amend the agenda to move Item 10 Mayor’s Business after the roll call of the Council Members. Council Member Flora moved to amend the City Council Meeting Agenda to move Item 10 Mayor’s Business to the beginning of the meeting; Council Member Chambers 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 Mayor Merrill asked Eagle Scout Samuel Burns to step to the front of the room. Mayor Merrill said he would like to honor Samuel on his Eagle Scout project. Mr. Burns contacted the city about the picnic tables at Eagle Park. The tables were broken and in need of repairs. Mayor Merrill said the pictures below show the repairs made to the picnic tables. Mayor Merrill thanked Mr. Burns for the work he completed on the tables. Mr. Burns said he noticed the tables were needing repairs when on a camping trip with his Scout Troop. 5 Public Comment: Limit 3 minutes; issues may be considered for discussion on a future agenda. Please keep comments on point and respectful. (1:42:46) Mary Jones said she lives by Nature Park. The neighborhood residents heard the city is considering adding additional pickleball courts to the Nature Park directly behind their homes. Some of the residents in the neighborhood have written letters opposing the proposed location of the additional pickleball courts. She mentioned some of the issues the neighborhood is experiencing with the current pickleball courts. There are people playing pickle all from sunup until after twelve o’clock midnight. She said having to listen to the clicking noise the ball makes every time it hits the court for over 18 hours per day all summer is frustrating. It’s not only the clicking noise they must listen to, but the exclamations made by the players which in some cases are not pleasant. There is never a quiet moment in their homes, which is exhausting. The lights at the pickleball court were installed two years ago and residents were informed the lights would be turned off by 10:00 p.m. She contacted Mayor Merrill about the light staying on until after midnight and he was able to change the timer to turn the lights off at 10:00 p.m. Mrs. Jones said many residents in the neighborhood were not able to attend tonight’s meeting to voice their concerns with what they consider a noise pollution. The addition of more courts will increase the noise pollution tremendously. The resident’s hope is that the city does not add additional courts. They support the city in their efforts to provide physical fitness and recreation to the city; however, there are other places to add pickleball courts. She suggested the additional courts be added to Eagle Park or at one of the fields by Rexburg Rapids. The city could also encourage BYU-Idaho University to build pickleball courts on their property since most of the individuals playing pickleball are college aged. Mrs. Jones referenced the description of Nature Park South found online on the city’s website. The description states Park Type: Neighborhood Parks are generally smaller parks designed to serve the neighborhood that surrounds it. They feature simple playgrounds and contain trees and lawn areas. The addition of more pickleball courts would decrease the green space which is heavily used by patrons using the pavilion, for volleyball and other games. She asked for the installation of a sign stating the playing hours for pickleball. Mayor Merrill said the city Recreation Committee had originally suggested the idea of adding pickleball courts to the south section of Nature Park; however, it was only a suggestion and not a set plan. The city has taken the residents’ concerns and suggestion into account if ever there were the addition of pickleball courts at Nature Park. Currently, there are no funds available to build additional pickleball courts. Council Member Johnson clarified currently, there are no funds allocated for additional pickleball courts; however, funds have been set aside for pickleball courts in Fiscal Year 2023. Jay Smith expressed his concerns with the new playground structure at Nature Park attracting people late into the night. He has had to contact the Rexburg Police Department several times to escort the people out of the park who have been disturbing the peace. One of the times he called the police was at 3:43 a.m. because college aged individuals were larping and making a lot of noise. Discussion regarding the curfew hours for city parks. City Attorney Zollinger replied the curfew is for underage individuals; however, the city parks close at 11:00 p.m. and anyone found in the park after hours is considered trespassing. Discussion regarding the security lights on the restroom buildings and at the Skate Park are not turning on. Rosco Orton asked if there was a fine associated with individuals trespassing after hours at the city parks. City Attorney Zollinger replied, the refusal to comply with the provisions of said ordinance shall be deemed to be in violation therefore and guilty of an infraction, and upon conviction thereof, shall be subject to a fine of not less than twenty-five dollars and not more than three hundred dollars, or may be confined in jail for a period of not more than thirty days, either or both such fine and imprisonment may be imposed, and in addition thereto, any person so convicted shall pay such costs as the Court may assess. Discussion regarding adding additional signage at the city parks informing patron the parks close at 11:00 p.m. Items for Consideration: (1:59:57) A. Appeal of Rezone Request for Parcel No. RPRXBCA0291271, Located South of Star View Dr from Low Density Residential 1 (LDR1) to Low-Density Residential 2 (LDR2) Zone#22-00420. Request failed recommendation of approval in the Public Hearing held during the Planning & Zoning Meeting on July 21, 2022 – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed a map of the rezone request. The surrounding zones are Low-Density Residential 1 (LDR1) to the east, north and west. LDR1 and Low-Density Residential 2 (LDR2) zones to the south. Harvest Heights DIV1 subdivision is located to the southwest of this parcel and is zoned Rural Residential 2 (RR2). After, the Staff Review of the request, there are some requirements the applicant will need to follow such as: 6 1. Water will have to come from a different zone further up the valley to provide adequate pressure. 2. Storm drainage will have to be handled through detention ponds. The water will need to come from the south because there is an issue at the top of Hidden valley with low water pressure. The roadways will start from Hidden Valley and come down from 7th South to provide access from both ends of the development. The developer will need to work with the property owners on gaining access for the roadways. The Planning and Zoning Commissioners have recommended denial of this rezone request; however, the applicant would like to present his appeal of the Planning and Zoning Commissioner’s denial of his request to City Council. Jake Young said he represents the Stuart Land Company; Brad Brown is also a representative and is joining the meeting via zoom. He explained the property is conducive with the city’s Comprehensive Plan, it falls within the range of the LDR1 to the MDR1 zones and are compatible with the Comprehensive Plan. The property is 32 acres and slopes from the south to the north. It has a significant fall; however, it’s beautiful, with nice views looking east towards the Teton Mountains. The access is favorable from the south with future development. To the north of the property the area is zoned LDR2 zone, which is what they are requesting and also to the north the area is zoned MDR1. To the west of the property is LDR1 and to the South is LDR2. There is a mixture of zones in this area. Mr. Young said he toured the neighborhood and did not see any negative impacts from MDR1 next to an LDR2 or the nearby LDR1. He said property rights are based on zoning and not on the existing conditions. There were two rezones being considered that night at the Planning and Zoning meeting with similar conditions of going from a lower density to a higher density, both rezones were recommended for approval. One additional comment after the motion was seconded, there was discussion regarding topography. He said City Planning and Zoning Administrator Parkinson at the meeting said all topography, drainage, sewer, and transportation concerns would be met, according to the City’s Engineering Standards. There were other concerns mentioned such as, the slope of the hill. In some area of the property, the slope of the hill is greater than 30% that section would not be developed according to the city engineering standards and ordinances. He said not developing this section would protect the hillside and the homes above. Council Member Chambers asked if the 30% sloped area of the property was removed from the 32 acres and the needed land for retainage areas. What percentage of the 32 acres is developable? Mr. Young said the lower part is about four acres and a small section above is about an acre, making it a total of about five acres. There isn’t a detailed survey; however, based off of the online measurements and mapping the 7 number of acres that would come out of the steeper slopes. He said he doesn’t have the size of the storm water basin yet; it would of course be a considerable size leaving about 25 to 28 acres available to develop. Mr. Young said in the 2014 flood when it rained one inch of rain in an hour and then 2 inches total with in a 24-hour period. The neighborhood below this property was flooded. His conversation with city staff is that storm water improvements have been made, upgrades to the lift station systems were also made. He said without development the risk of a sever flood is still there; however, a storm water basin at the base of the property would be built if development occurred that would mitigate the excess in storm water. Mr. Young said in the city’s long range Transportation Master Plan, there are plans for an arterial roadway coming around the east side of this property. There is a good option for this property to connect to the arterial roadway. He said he looked at other streets to connect too such as, Star View Drive. The connectivity of streets enhances walkable neighborhoods. In the city’s Trails Plan, there are plans to have a trail through the development. He said he see no reason why this development would not follow the city’s plan of having a trail through the development. Mr. Young said the question was asked, why is more housing needed? The answer is due to significant growth. Most, of the development is happening in the City of Rexburg. As part of their planning research, they looked at demographics, studies and analyze areas. He said Rexburg has a unique demographic and in terms of education. The average household is about 3.4 people. He reviewed the significant housing needed for Millennials and upcoming Generation Z in the chart below. 8 Mr. Young reviewed the area median incomes and monthly mortgage/rent for 3-person family. 9 Mr. Young said at most public meetings when discussing housing the question asked by property owners is will this type of development negatively impact their home value. A study was completed a few years ago by the Campsea Gardner Policy Institute, the key findings are underlined in the slide below. Brad Brown said if this rezone request is approved, it will be their second project in Rexburg. This project will be a benefit to the community. The reason they believe this development will benefit the community is because as mentioned by Mr. Young, the type of housing allowed in the LDR2 zone will meet the needs of the community. Council Member Johnson asked for clarification about the connectivity of the roadways and having to work with property owners to obtain roadway connections. How will this impact the current residents? Mr. Young said city code requires at least two connections. The two connections would be to Star View Drive and 700 South. Once the East Parkway Corridor is built, there will be a connection to the east of the development. He said he understands there will be an increase in traffic that is inevitable with development; however, they are willing to work with city engineers to mitigate those impacts. Council Member Chambers asked if a Planned Unit Development (PUD) has been considered by the applicant, which would allow a higher density. Mr. Young said they have not considered a PUD. If a as PUD was requested, it would require a legislative decision. Council Member Flora said one of the main concerns from residents is the possibility of needing to go through the Benfield’s property. Mr. Young replied going through the Benfield’s property was not proposed or part of their application. There are no drawings of a roadway going through the Benfield’s property. She said she understands the Planning and Zoning Commission will be meeting tomorrow to recommend changes to the LDR2 zone with the possibility of allowing town homes in that zone. 10 Mayor Merrill clarified City Council is not approving the zone LDR2 tonight. They are voting on the appeal to remand the rezone request for further consideration. City Attorney Zollinger explained the zone is not being consider at this time. What is being considered is the appeal of whether the Planning and Zoning Commission exercised an authority that isn’t really theirs to consider such as topography. The discussion of the LDR1 structures is also not legally relevant. The reason why an appeal is being considered rather than overwriting the Planning and Zoning Commission’s recommendation is because of the appropriateness of the recommendation is in question. Council Member Erickson said he has concerns with reducing lot sizes throughout the city because it changes the structure of the city. Mayor Merrill said with more density in appropriate locations, it provides more efficiency of the city’s infrastructure and costs associated to provide that infrastructure. Council Member Johnson said she has been asked by city residents to consider leaving Rural Residential Zones and LDR1 as housing options. Council Member Flora said a combination of the LDR1 and LDR2 Zones are a good fit for this property; however, with future changes to these zones she does not feel comfortable changing the zone to LDR2. Council Member Flora said it is not fair to the neighborhood to have been zoned the zone that it is and then have it changed to something different. Council Member Erikson said the input received by the citizens in the area have concerns with the growth in their neighborhood. Council President Busby moved to remand the Appeal of Rezone Request for Parcel No. RPRXBCA0291271, Located South of Star View Drive from Low Density Residential 1 (LDR1) to Low-Density Residential 2 (LDR2) Zone to the Planning and Zoning Commission for further consideration; 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 Committee Liaison Assignments for 2022: (2:38:40) A. Council Member Chambers: M.E.P.I. · Cultural Arts Events · Grants Council Member Chambers reported the committees have not met. B. Council President Busby: School Board · M.U.S.I.C. Council President Busby reported the School Board meets tomorrow. The new school year starts next Wednesday. There was the first teachers meeting held today with a lot of enthusiasm and excitement. He said there are many construction projects taking place in the city and reminded everybody to be extra vigilant with children crossing the road. Council President Busby reported he spoke with Police Chief Rhodes and was informed the roof membrane was installed at the police station. He said Chief Rhodes is requesting the Councilmembers input for a time and date of the City Council and Police Department’s annual dinner. C. Council Member Walker: MYAB · Traffic & Safety · Emergency Services Board Council Member Walker reported the MYAB Board will not met until the beginning of September. The Traffic and Safety Committee and Emergency Services Board have not met. He spoke with Fire Chief Childs and was informed there is a fire engine, medical trailer and ambulance on the Moose Fire. There is one other engine out on a different fire making it a total of four apparatus out on wildland fires. D. Council Member Johnson: Trails · Beautification · Grants Council Member Johnson reported the Trails Committee is working on the many moving parts involved in building a trail from 12th West heading north towards the golf course. There may be an opportunity for some volunteer help from the community when the reach the point of laying the gravel for the trail. 11 Council Member Johnson reported the Beautification Committee is work on Park Cleanup event in October. They will ask for volunteers to clean-up the new installed disc golf area at Eagle Park. E. Council Member Flora: Parks Committee · Recreation Committee · Urban Renewal Agency Council Member Flora reported the Parks and Recreation Committees have meet; however, there isn’t anything new to report. The Urban Renewal Agency met today, and they were able to approve their Fiscal Year 2023 Budget. They are looking forward to the new projects taking place in the coming years. F. Council Member Erickson: Airport Board · Golf Board · Legacy Flight Museum Council Member Erickson reported the Airport Board met to discuss the airport feasibility studies. The study has been submitted to the FAA. If the feasibility is approved by the FAA, then the next step will be to complete an environmental study. The airport runway is being crack sealed in September so the airport will be closed for a week. Council Member Erickson reported the Golf Board met. The golf course is being heavily utilized. There are some construction projects being completed at Teton Lakes. There are five light poles being installed in the parking lot before laying the blacktop. Mayor Merrill said he and Finance Officer Nielson were discussing removing the rock off the clubhouse and install all new siding. He went to inspect the rock on the clubhouse and realized the rock is still in good condition. The cost to replace the whole clubhouse with new siding would cost about 60 thousand dollars; however, if they install siding to the area that currently has siding would only cost about 20 thousand dollars. The remainder of the $60,000 could be used to make much need repairs to the inside of the clubhouse. Council Member Chamber asked if the agenda item labeled Committee Liaison Assignments could be changed to Items from Councilmembers. Staff Reports: (2:46:35) A. Finance: - Matt Nielson 1. Financial Reports Finance Officer Nielson explained the process for the Councilmembers to remote into the budget and city bills program to review and approve the city bills. He said for example on the first page of the report there is a check run total amount and if the Councilmembers desire more details such as vendors, a breakdown of the different types of accounts, departments, etc. that would be the advantage of a remote login. A remote login would give them access to other budget programs, which would be great because they would have access to any account details like department heads. Finance Officer Nielson reviewed some of budget accounts to show the Councilmember the details available such as, copies of invoices, purchase orders, the substantiated payment, and the amount of budget still available for that item. The program also indicates the amount left in the encumbrance. He said another benefit it tracks operation expenses that occur every year there is a three-year history. Finance Officer Nielson reviewed the Cash and Investment Report. There is at total of about 43 million dollars with about 27 million dollars in the one-year investment category. He said he asked City Controller Scott Miller, to move five million dollars from the LGIP into a 12-month investment because the city can receive a return of about 3.3%. The funds in the LGIP are taking long to catch up, they are going up about 40 basis points every month. Finance Officer Nielson said there is an additional five million dollars coming out of the managed account investments and will be reinvesting that in the three-to-four-year investment category. There will be a lot more gains in interest. He said he projected the General Fund transfers. In Fiscal Year 2022, the projected amount that is going to be spent is about $74,000. The Fire Department Operations is over budget by about $50,000. He met with Fire Chief Child and asked him to cut back on operation type expenses to try and bring back to within budget. There will be some departments that will not be able to complete some capital projects such as the Romance Theater. He explained when the Councilmembers can remote into the city’s budget program, they will be able see what the city has subsidized over time as far back 2020. Council President Busby questioned where the funds will come from to complete the wastewater facility improvements. Finance Officer Nielson said he has looked at the city’s cash flow for wastewater based on the capital improvement plan. The Capital Improvement Plan for wastewater will need to be update based on the wastewater facility improvements study. The city will not have enough cash to complete all the improvement projects. A revenue bond may need to be approved such as the one the city received in 2010 for 10 million dollars. The bond was refinanced about two years and will not get paid off until 2025. There is a possibility the city may have two revenue bonds for a few years if the projects begin within 2023 or 12 2024. There are some funds in reserves that would be used towards the improvements. In addition to the improvements for wastewater treatment, there are wastewater collection system improvements needing to be made as well. Council Member Johnson questioned if the capacity fees would even be remotely enough to pay for some of the improvements. Finance Officer Nielson replied, the capacity fees are collected overtime. There has been discussion about updating the capacity fees and the proposed changes will be presented to the Councilmembers for consideration within the next two months. To determine the costs of the capacity fees the operational costs will also need to be determined. In theory the hope would be that there is enough capacity reserves to add the additional capacity to the facility. This means new development is paying those costs. The city tries not to charge existing users capacity fees; however, sometimes that's not feasible. He said if the city does not have enough money for the improvements, which it’s likely it will not have enough then the city will need to select a judicial confirmation in the form of a revenue bond. Mayor Merrill asked if the investment bonds. Finance Officer Nielson replied he has been laddering the city’s sewer investments to meet the city’s cash flow needs for the current and five year capital improvement plan. The money in the sewer investments can be used; however, money in water and other funds can not be used. He said money could be borrowed from the other funds; however, the money needed for the wastewater facility improvemnts is an amount that exceeds the combined amount of money in the other funds. Council Member Johnson asked will the city be collecting more capacity fees to pay back what was already spent to increase the capacity then what is currently needed. Finance Officer Nielson explained the capacity fees are used to pay down the bond which is already occurring now with the bond issued in 2010. The city is collecting capacity fees every year and 67% of the current bond is being paid by those capacity fees. Where the problem lies is if the city prebuilds all of that capacity and growth doesn’t happen then there is not going to be additional revenue from growth. B. Public Works: - Keith Davidson (3:09:07) 1. Resolution 2022 – 20 Drinking Water Planning Grant from the Idaho Department of Environmental Quality (DEQ) Public Works Director Davidson explained the city applied for the Drinking Water Planning Grant from the DEQ. This grant is like the grant the city received for the Wastewater Study; however, this time the study will be on the city’s water system to determine which areas of the system need improvements. In order to apply for the grant a resolution from City Council is needed. Council President Busby moved to approve Resolution 2022 – 20 Drinking Water Planning Grant from the Idaho Department of Environmental Quality (DEQ); Council Member Erickson 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. Approval of a Professional Services Contract with Altura (ECIPDA) for administrative services for the Wastewater Headworks Facility Improvement Project Public Works Director Davidson explained the professional services contract with Altura for the purpose of a development contract to apply for a $500,000 grant. The purpose of the grant is for the design of the upgrade to the Headworks Facility. The city is entering into the development contract and then after that the city would need to complete a Request for Professional (RFP) services for the administration of the grant. After, the first RFP and second RFP is needed for the engineering services for the design of the Headworks Facility. 13 Council Member Walker moved to approve the Approval of a Professional Services Contract with Altura (ECIPDA) for administrative services for the Wastewater Headworks Facility Improvement Project; 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 asked about the roundabout project and if the School District has been informed as to an alternate bus route when school starts to avoid traffic delays at that location. Public Works Director Davidson said he has not heard on the aspect with the school district as far as busing as far as any detours they are marked. The project is on schedule so far; however, the Railroad Company couldn't get their crews to come widen the section of railroad tracks that need widened. The roundabout project will be completed before the widening of the railroad tracks. The railroad tracks will be widened in the spring so the figure eight configuration of the roundabout will not be complete until the spring. Council President Busby asked for an update on Local Improvement District 51. Public Works Director Davidson replied the paving is being completed today. Council President Busby asked about the traffic lights for 12th West and University Boulevard. Public Works Director Davidson said the traffic signal should be installed by mid-September. When a traffic signal is newly installed there is a 24 hour flash mode so everybody is aware the signal is there. C. Information Technology: - Todd Smith (3:16:43) 1. Broadband Project Update IT Director Smith reported Jason Nelson with Silver Star is here tonight to report on the construction work they are completing for the city’s backbone fiber network. Mr. Nelson is the project manager and McKay Porter is the project inspector. Mr. Nelson thanked the Mayor and Councilmembers for the opportunity to report on the fiber project. They have worked for 95 days since the project started on April 1st. They have completed 34,000 feet of conduit placement. This a daily average of about 366 feet. Their goal at the start of the project was to place 342 feet. The reason he is mentioning the daily average of conduit being placed is because it is a huge success considering, they are building the most congested and hardest area of the city. They are a week and a half ahead of schedule as of today and 35 percent of the construction work is complete. He said unfortunately with the type of construction they are doing utility line breaks are difficult to avoid. They have had 12 utility breaks. The number of the utility breaks may seem high; however, when considering the number of utility lines going to each house, the number of breaks in low. Mr. Nelson reported on some of the success they are having on the project. There has been no loss of production days due to safety. The sub-contractor Western Mountain has done a fantastic job of taking care of and resolving an issue. He complimented the city’s Broadband Team for being quick to resolve issues and answer questions that they have had. Mr. Porter has worked 90 days out of the 95 days the project commenced which most of the success the project has had is due to his oversight. Mr. Porter ensure the project is being built to the specification and plan. Mr. Nelson said the creation of the fiber project hotline has been a success. The city residents can call the hotline with any issues or questions they may have regarding the project. The hotline allows for Silver Star to be the first responders to any issues or questions and takes the burden from city staff. He said prior to the start of any question Mr. Porter hangs door hanger on every house to make sure the residents know when they will start construction near their homes and the hotline number is printed on those door hangers. 14 They received about 15 calls from residents, and they were able to address the resident’s concerns in a timely manner. Mr. Nelson said they are currently working on 5th South up on the hill. They will be working on 12th West near Valley Wide Cooperative to install a fiber hut before the walking path is built and finishing up the construction work on Main Street before the start of school to not impede traffic or cause safety concerns. In the next couple of weeks, they will be working at South 2nd West near the temple. There is a small section that needs to be built from the temple to the south. They have experienced staffing issues, there has been high turnover in their construction company. This is ongoing problem that they are addressing not only on this project, but across the board in the industry. They are working on mitigating the staffing issues with Western Mountain and their goal is to maintain production results. The owner of Western Mountain has been out on a plow to make sure the production stay on schedule. Mr. Nelson explained the utility locate process. There are several utility companies that need to come to the construction site to make their utility lines. It is required by law to have the utility lines marked. The utility companies have to mark the lines within a defined time frame and with all of the construction taking place the companies get behind. To help mitigate some of those delays, they will call the utility locate companies constantly and when the time frame is reached of when they can start construction legally regardless of whether they have located the lines. They have also been meeting with city staff weekly to inform them of where they are working that week. IT Director Smith commended Silver Star and Western Maintain for their work. He said city residents have been impressed with their work. There is little disturbance to the ground, and it is put back neatly. The Lightbridge name and logo were approved the Madison County Commissioners. The city’s Social Media Strategist Sarah Kennett-Cromwell is working on cleaning up the broadband style guide. She helped create the style brief which outlines more clearly the purpose of the choices selected in the style guide. He said Wide Open Networks is busy creating websites for the broadband and city staff is working to transfer the Lightbridge fiber domains to them so they can publish all the pages. He mentioned city Grant Writer Mary Flanary has been researching additional grant opportunities for the broadband project. There is a federal grant called reconnect that the city may qualify for those funds. Mayor’s Report (3:30:40) Mayor Merrill reported he has been assisting the Parks Department with turning on the water at the city’s tree farm. Calendared Bills: (3:32:29) A. Second Reading: Those items which have been first read: 1. Ordinance No 1288 Fiscal Year 2022 Amended Budget – Matt Nielson Council President Busby moved to approve Ordinance No. 1288 Fiscal Year 2022 Amended Budget and consider second read; Council Member Johnson 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 B. Third Reading: Those items which have been second read: NONE 15 C. Tabled Bills: (3:36:14) 1. Ordinance No 1284 Fiscal Year 2023 Appropriation Budget. Public Hearing for changes to this ordinance prior to its passage will be held on September 7, 2022 at 7:00 P.M. 2. Resolution 2022 – 19 Comprehensive Plan Map amendment for 11 parcels at the Pine Brook Subdivision DIV 2 Block 6 Lots 15-25 from Rural to LDR1-MDR1 #22-00418 - Alan Parkinson. Un-table and Approval Decision of Resolution 2022 – 19 Council Member Walker moved to remove from the table Resolution 2022 – 19 Comprehensive Plan Map amendment for 11 parcels at the Pine Brook Subdivision DIV 2 Block 6 Lots 15-25 from Rural to LDR1-MDR1 and Ordinance No 1284 Fiscal Year 2023 Appropriation Budget; Council Member Chambers 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 Planning and Zoning Administrator Parkinson said the request to change the Comprehensive Plan Map from Rural to Low Density Residential 1 (LDR1) – Medium Density Residential 1 (MDR1). There is the potential for the applicant to request a rezone after the Comprehensive Plan Map amendment is approved. In the original applicant the applicant was requesting LDR2; however, they changed their request to LDR1 which is strictly residential. Council Member Flora asked if the developer is not following through with the development agreement regarding adding a park in the subdivision. What does the resident do? Planning and Zoning Administrator Parkinson said for this property the development of the park was taken over by the HOA. City Attorney Zollinger explained there is only one item in the development agreement that is unresolved and that is a small section of the curb on Northwest corner of 12th West needing to be finished. The city was not involved in any of the agreements made by the developer to the purchaser. The park was to be a private park and it is not turned over to the city. Discussion regarding the berm on 12th West: The developer was required to put in the buffer or berm along 12th West, and there are still two lots on the North end of the sub-division that don’t have any buffer or berm. As it relates to the berm along the highway, it was offered by the developer in the initial proposal, however, the initial request was denied and due to the reduced number of units that were allowed under the zoning that was granted, the berm along the highway was not made a requirement of the sub-division. City Attorney Zollinger said on the issue of Castle Pines asphalt not being completed, when the sub- division was constructed, the developer was given the option of creating a temporary turn around at the North end of Castle Pines. The asphalt portion was to be completed prior to houses being built that interfered with the temporary gravel turnaround. At this time, in order for the home at the north end of Castle Pines to be occupied, the developer will need to provide an asphalt surface that goes to the property line as shown on the plat. Council Member Johnson said it is difficult for her to see such a high range zone as the MDR1 in this area as related to the Comprehensive Plan Map. The LDR1-MDR1 zones are not a good fit for this area. She would prefer this area remain Rural. There may be some developers that request MDR1 because the Comprehensive Plan indicates it is a good fit for the area. Mayor Merrill asked the following clarifying question, by amending the Comprehensive Plan to the LDR1-MDR1 doesn’t change the current zone of the property. The next step would be for the developer to request a rezone of the property and in this case the request is to rezone to LDR1 zone. Council Member Johnson explained in the proposed rezone request yes 16 that is the case; however, a developer could request a rezone of the MDR1 zone in an adjacent property, stating the Comprehensive Plan indicates that zone would be a good fit in the area. There are other lots in this subdivision that have not been developed so a developer could make that type of request making it difficult to not approve a future rezone request due to the Comprehensive Plan Map. She said it is the precedence it could set for the future rezone requests. Council Member Walker said it is important to consider what is being proposed tonight and not focus on what may or may not be requested in the future. All rezone requests require a public hearing and a decision by the Councilmembers. Council Member Johnson replied to her it makes the decision more difficult if the Comprehensive Plan Map indicates that zone fits the area. She said as Councilmember it is their job to plan for the future. Council Member Erickson said the reasons for this Comprehensive Plan amendment request have changed several times first it was requested because the lots could not be sold due to their proximity to the freeway. He spoke to two different realtors and asked them when lots were available for sale individually. The realtors indicated the lots have not been up for sale individually for the last three years. The second change seems to have been requested at the eleventh hour, which is not fair to the existing property owners to have the surrounding properties zone change. He believes if the lots would sale if they were sold individually. Council Member Flora said agreed with Council Member Erickson’s reasons when the request was for the LDR2 zone because the developer has sold a vision to the individual buyers as Rural. She believes the rezone request of the LDR1 zone is a good compromise. The LDR1 Zone allows for the same type of home to be built on a smaller lot and still within the same vision. Council Member Erickson said the city has very little of the Rural Residential 1 (RR1) zone there are citizens requesting RR1. Council Member Walker moved to approve Resolution 2022 – 19 Comprehensive Plan Map amendment for 11 parcels at the Pine Brook Subdivision DIV 2 Block 6 Lots 15-25 from Rural to LDR1-MDR1; Council Member Flora 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 Mayor Merrill said the decision is left to him to break the tie. This is a difficult decision for him. He asked City Attorney Zollinger if he should recuse himself from making a decision because he is building a home in the subdivision this Comprehensive Plan amendment will affect. He was informed he does not have to recuse himself because amendment will not affect him individually or will profit from the amendment. He agrees with Council Member Flora’s remarks regarding the vison the neighborhood residents were sold when they purchased property in this subdivision. He is voting nay to Resolution 2022-19. When a subdivision is established it would be disingenuous to change the zone. The motion failed 3. Ordinance No 1289 Rezone for 11 parcels at the Pine Brook Subdivision DIV 2 Block 6 Lots 15-25 from Rural Residential 2 (RR2) to Low Density Residential 1 (LDR1) zone #22-00419 - Alan Parkinson. Un-table and Approval Decision of Ordinance No 1289 Mayor’s Business: (3:58:54) Discussion regarding the Fourth of July Parade. The Chamber of Commerce Director, Janalyn Holt said she hope to add more floats to the parade. There are residents requesting the city limit the time of when the chairs can be set on Main Street for the parade. The Councilmembers suggested chairs not be put out on Main Street until 6:00 p.m. the evening before the parade. 17 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. (4:03:35) A. Minutes from August 3, 2022 Meeting B. Approve the City of Rexburg Bills Council Member Chambers moved to approve the Consent Calendar containing the minutes and city bills; Council Member Erickson 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 Executive Session: Roll Call Vote for Motion to Enter into Executive Session per Idaho State Statute 74-206 (1) (b) (a) To consider hiring a public offic er, 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 abo ut staffing needs in general . Council Member Chambers moved to approve the Consent Calendar containing the minutes and city bills; Council President Busby 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 Adjournment 9:06 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _______________________________ Deputy City Clerk, Marianna Gonzalez