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HomeMy WebLinkAboutCouncil Minutes - July 6, 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 5:00 P.M. Work Meeting – Comprehensive Plan Review (video index 0:00:02) – Alan Parkinson Planning and Zoning Administrator Parkinson introduced Emily Morales with Logan Simpson. Mrs. Morales reviewed the purpose of the Comprehensive Plan. Mrs. Morales reviewed the project timeline to update the Comprehensive Plan. Mrs. Morales reviewed the Steering Committee Role and Public Outreach Events. 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 July 6, 2022 2 Mrs. Morales reviewed the next steps to help amplify outreach efforts. The Councilmember completedt he Meti Poll. 6:30 P.M. City Hall (video index 0:24:40) Council Member Flora said the prayer Council Member Chambers led the pledge Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Chambers, Council Member Erickson (via Zoom), Council Member Walker, and Council President Busby Mayor Merrill asked to be excused. 3 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. Welcome New Employee: (0:27:13) Isaac “Ike” Wasden – IT Department Mr. Wasden said his great-great grandfather homesteaded in the Salem area in the late 1800s. His first IT job was in Salt Lake City, Utah in the field of home security and home theaters. He later moved to the state of Oregon to work for Intel. He and his wife had the desire to raise their children in Rexburg, so they moved back to Idaho where he worked for Larsen Farms for 17 years. He also worked for the Bonneville School District. Staff Reports: (0:29:48) A. Finance: - Matt Nielson 1. Review Fiscal Year 2022 Budget Amendment and Set Public Hearing for August 3, 2022 Finance Officer Nielson reviewed the Final Budget Amendments as follows: 4 Council Member Johnson asked for the visual brand guidelines be presented to City Council for approval when they are complete. 5 Council Member Chambers moved to approve the Fiscal Year 2022 Budget Amendment as presented; Council Member Flora seconded the motion; Council President Busby 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. Finance Officer Nielson reviewed the Budget Revenues and Expenditures for Fiscal Year 2022 and the Notice of Public Hearing for the Budget Amendment Fiscal Year 2022. Council Member Chambers asked for the contingency percentage after considering the budget amendments. Finance Officer Nielson replied the contingency percentage will be at about 33 percent. 6 Council Member Walker moved to approve to set a Public Hearing for August 3rd, 2022 for consideration of an Amendment to the 2022 Fiscal Year Budget; Council Member Johnson seconded the motion; Council President Busby 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. (0:44:20) Review Utility Rate Increase Recommendations for Fiscal Year 2023 and Set Public Hearing for August 3, 2022 Finance Officer Nielson reviewed the Sanitation Rate Calculations and proposed increases. Some of the rates are determined on a base rate or by volume. Council Member Chambers asked why there is an increase in recycling service. Finance Officer Nielson explained there are many factors, one of them being the cost of fuel due to the nearest recycling center being in Idaho Falls. The contractor has had to increase their wage rate to retain employees. They have also stopped recycling several items causing an increase in the number of items they are taking to the landfill which drives up the costs. Finance Officer Nielson said if the recycling program were to be terminated, there would be a cost savings of about $250,000. The bulk recycling containers for cardboard and plastics is not an option because the third-party contractor is not interested in that form of collection. Finance Officer Nielson reviewed the Water Rate Calculations and proposed increases. When the water rates were set, the principal and interest of the Department of Environmental Quality (DEQ) loan that was finalized earlier this year was not charged. There were funds in the reserves and some internal capital projects were not completed, leaving funds available. The projects were completed with borrowed funds from those accounts to not have to find outside financing. He said he is not charging the interest and principal of the DEQ loan to the rate payers. 7 Finance Officer Nielson reviewed the totals at the bottom of the chart. The personnel expenses increased due to a combination of adding full-time employees, Cost of Living increases, benefits, etc. Council Member Chambers questioned the line item “bad debt”. Finance Officer Nielson explained bad debt is money the city cannot collect from people that were charged a utility bill. When the city is unable to collect the money owed on the account, it is written off and sent to collections. If the collection company can collect any of the funds, then it’s booked back as revenue and there is a small amount of money collected each month. Finance Officer Nielson explained the depreciation for water shows about a 5.85% increase because of some of the projects and other fixed costs which includes depreciation. The Operating Reserves are used for the costs to operate the system; however, the depreciation amount is included in the Operating Reserves, so the city is charging for replacement costs of the existing infrastructure. The Capital Reserves are used to increase capacity in the system. The city’s desire is to always set the rates accordingly so that the older residents aren't having to pay for more capacity. He said new development that comes into the city is paying for additional capacity when assessed the Water Capacity Fee. The funds collected from the Capacity Fee are put into the Capital Reserve Fund to add capacity when needed. Finance Officer Nielson reviewed the forecast fund amounts at the end of Fiscal Year 2023. There is a water project estimated at 2.3 million dollars which will take most of the funds in the Capital Reserve Account. Finance Officer Nielson continued to explain the water rates determined by volume and base rate. The volume rate shows a decrease from 1.153 to 1.11 and the base rate increased from $18.62 to $19.05 for a three-inch meter. Council Member Chambers questioned if we want to conserve water, wouldn't we want those percentages flipped? Finance Officer Nielson explained the current policy is that the city sets the water rates based on splitting those percentages. The percentages would need to be changed to change the rates. The percentages were set through a process of meeting with legal, public works and finance to determine a fair split of those percentages. Finance Officer Nielson reviewed the Wastewater Rate Calculations. The rates are divided based on the treatment and collection of the wastewater. The city also treats the City of Sugar City and the City of Teton’s wastewater, making the calculations extremely complex. In order to set the rates, the city needs to determine what rates to charge for treatment, fees related to capital and fees related to collections on the city’s side. The bottom of the report indicates the city does not charge some of these fees to Sugar City and Teton because they should be charging those fees on their end. The city does not set those fees for Sugar City and Teton. These two cities should set their own rates in those categories; however, the city charges a base fee to these cities. There is a debt payment that is carried through 2025 and it is a substantial sum. A portion of this debt is charged to Sugar City and Teton for the large upgrade completed from 2010 to 2018. Finance Officer Nielson reviewed some of the increases in wastewater. There was a 24% increase in personnel costs over a two-year period. In operations, there was almost a 7% increase, about 2.85 % increase in depreciation and 12.71% in other fixed costs, including depreciation. In Reserves, he is 8 projecting about 9.3 million. In Operating Reserves, there is almost 7 million and about 2.3 million in the Capital Reserves projected by the end of next year. He said if the budgeted projects were completed, the Operating Reserves would go down to approximately four million and about $416,000 in the Capital Reserve causing a substantial drop in funds. There are over 8 million in projects slated for fiscal year 2023. Finance Officer Nielson reviewed the operating treatment costs per 1000 gallons, all three cities Rexburg, Sugar City and Teton pay for treatment costs. The collections cost of $0.65 is also being charged. Sugar City and Teton should be charging this fee on their side as well. He said Rexburg charges for power and repairs for the Valley River Drive Lift Station, which is the main lift station for Sugar City and Teton. Rexburg also pays a share of the cost for the use of that lift station. There is also a capital treatment cost of $1.49. When adding up the fees, it is $2.86 per 1000 gallons for Sugar City and Teton and $5.00 for Rexburg. The base fee would be $18.36 when compared to the old rates, which is a 2.88% increase for Sugar City and Teton and 7.3% for Rexburg. The base fee increase for Rexburg is about 11.48%. Finance Officer Nielson reviewed the utilities sample bills, it’s an average for a residence in Rexburg so they're using about 8000 gallons on the sewer side, about 21,000 gallons on the water per month with a weekly garbage pick-up and a small lighting fee. In the sample bill the old rates and the new rates are shown in the sample. The bill would go from a total of $112.45 to $119.49, which is an increase of about $7.00. The largest increase being in sewer and garbage with a slight decrease in water. 9 Council Member Johnson moved to recommend the Proposed Utility Rate Increase for Fiscal Year 2023 and Set a Public Hearing for August 3rd, 2022; Council Member Flora seconded the motion; Council President Busby 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. B. ( 1:15:06)Public Works: - Keith Davidson 1. Bid Acceptance for Replacement of Tower Stairs at Rexburg Rapids Public Works Director Davidson reviewed the bids received for the replacement of the tower stairs on the slide structure at Rexburg Rapids swimming pool. Premier Powder Coating had proposed different ideas; one being to install galvanized steel stairs. There were concerns with how slippery and hot the galvanized stairs may become. The engineers preferred the concrete stairs. The concrete stairs are within the budget allocated. Director Davidson recommended the bid be awarded to Manufab. Council President Busby asked how long the stairs will last. Public Works Director Davidson said the current stairs have lasted close to 10 years. The new stairs are precast concrete so they will not have the metal around them so rust will not be an issue. The anticipated life span of the new stairs is about 15 to 20 years. Finance Officer Nielson said the city has budgeted $187,000 in Fiscal Year 2022 for the stair replacement, which is phase one of this project. There is $107,000 budgeted for phase two in next year’s budget. The entire structure will be repainted in phase two which will help the structure last longer. Council Member Flora asked if the $107,000 would be on a separate bid. Finance Officer Nielson replied yes, there would be a separate bid for the $107,000. Council Member Flora moved to approve the Low Bid of $161,350 to Manufab for the Rexburg Rapids Tower Stairs; Council Member Walker seconded the motion; Council President Busby 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’s Report: (24:49) Council President Busby reported the Fourth of July Fireworks were great. He thanked the city; Madison County and Stones Toyota for teaming up to sponsor the fireworks. Public Hearing 7:00 P.M. (2:24:56) – Fiscal Year 2023 Appropriation Budget. Designated as Ordinance No. 1284 if motion passes and considered first read – Matt Nielson 10 Council President Busby opened the public hearing Finance Officer Nielson gave a summary of fiscal year 2023 Appropriation Budget. He said he met with the Council Members about a month ago and has not made any changes since then. The fund balance carryover was at about 32%. The Budget is at $84,501,500, he pointed out there is $268,000 in contingency in the General Fund. One of the difficult parts of the budget is trying to estimate the property taxes and he does not have any of the amounts on new construction. The city has not received the tax amounts from the state tax commission nor how they prefer the cities to calculate the percentage. He believes he has estimated well; however, if the amounts are incorrect, the city will need to hold another public hearing. There are many construction projects with about ten million in street projects alone. Public Testimony in favor of the proposal (5-minute limit): None Public Testimony neutral to the proposal (5-minute limit): None Public Testimony opposed to the proposal (5-minute limit): None Council President Busby closed the public hearing. Council Member Flora expressed her appreciation for Finance Officer Nielson and the Finance Department for their assistance in the budget process. The budget process begins in February with budget meetings starting in May. The budget was reviewed line item by line item in each budget meeting, and she is impressed how Finance Officer Nielson can recall the amount of funds spent in every account. Council Member Flora moved to approve Ordinance No. 1284 Fiscal Year 2023 Appropriation Budget and consider first read; Council Member Erickson seconded the motion; Council President Busby 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. Public Hearing 7:00 P.M. (1:18:36) – Annex 795 S 5th W into the City of Rexburg and rezone the property from Rural Residential 1 (RR1) to Medium Density Residential 2 (MDR2) Zone Designated as Ordinance No 1285 if motion passes and considered first read – Alan Parkinson ORDINANCE NO. 1285 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. 11 Council President Busby opened the public hearing to hear testimony for the proposed annexation and rezone. Will Wade said he is originally from Salt Lake City; however, he currently lives in Japan. He is the applicant for the proposed annexation and rezone. The city's Comprehensive Plan rated the property for four zoning options. Those options are High Density Residential 2, High Density Residential 1, Medium Density Residential 2, and Medium Density Residential 1. He is seeking the second to the lowest density of the four options. This is the same zoning that was approved for Mesa Falls, which is located kitty corner to this property, and it's less than the high density that was approved for Eden Apartments, which are located down the street to the South. Mr. Wade said he has done his due diligence in reaching out to members of the community surrounding the property. He understands after speaking with some of the community members that there are some concerns. The increased amount of traffic is one concern. He said there will be an increase of traffic on 5th West. One of the things he has done to mitigate the traffic concerns is to commit to give a portion of the property to the city to expand the setbacks so they can expand their road to accommodate the traffic. The second thing is the substantial tax revenue that will be assessed on these units. Those tax revenues can be used to fund additional law enforcement, speed cameras, speed bumps to better enforce the speed limit on 5th West. Then lastly the development will incur the cost of building out the sidewalks for pedestrian use and be designed to safely accommodate that increase in traffic. Mr. Wade explained there is a general concern over density itself and he realized residents don't want more apartments. He understands apartments change the feel of the city by making it feel more commercial, less residential, and less of a neighborhood; therefore, he is committed to building townhomes instead of apartments. The townhomes are designed for families who put down roots and will be active, contributing members of the community. These townhomes will not exceed two-stories. He said some may question why not ask for Medium Density Residential 1, why ask for Medium Density Residential 2? Some of the reasons are, the building costs are high and remain high. The cost of lumber has gone down; however, the other materials remain high and some of them are climbing higher. He was informed by Headwaters Construction, the company he is using for the project, that there has been a 20% increase in windowpane glass. The housing market is cooling off and housing prices are dropping. There was also the highest interest rate increase in the last 20 years; therefore, compressing the margins of development. Planning and Zoning Administrator Parkinson reviewed the city staff report. Public Testimony in favor of the proposal (5-minute limit): Kerry Lawrence said he is the son and personal representative of the estate of Wes Michael Lawrence. He mentioned there was considerable opposition to the development of his property at the Planning and Zoning public hearing. A petition was circulated and signed by 78 people of which many were apartment residents, and many who live a substantial distance from the property. The petition stated that these 12 people are strongly opposed to development of this property into any residences of any kind in favor of deeper consideration of developing the property into a park. Mr. Lawrence made the following comments regarding city parks. At the public hearing before Planning and Zoning, Commissioner Vince Haley mentioned that his wife had taken their children to Porter Park to play, and his wife had said that because of what she saw and heard regarding the conduct and dress of the college students. They would not be going back to Porter Park. Mr. Lawrence said last fall, he was traveling in tandem with his daughter and her family. They stopped at a city park in another state for his daughter to care for her infant. It was dark when they arrived, and they noticed a single car parked under a streetlight. Over the course of the next half hour or so, there were several other cars that approached the parked car for a short time and then left. He said City Council can reach their own conclusion as to what was going on. In a recent news story out of Idaho Falls, one of their parks is now being used by a group of homeless people who are camped there. He said sometimes public city parks turn into something less than desirable. Mr. Lawrence said he and his siblings considered many options and debated over a considerable length of time about what to do with the property, including selling it to the city. They didn't reach an agreement with the city and decided to choose a different route. He said for those of you who may have known his dad. His father was probably one of the first to lead the resistance against development in this neighborhood. Starting with Hyde Park, then Mesa Falls, Eden Apartments, and other high-density developments. His father fought long and hard to keep it from happening; however, the developments did happen and so it seems like precedence has been set even though high density is not being requested for this development. He said as he looks around town and growth is happening or has happened all over town and surrounding areas because of the expanding university. Mr. Lawrence said, as was mentioned by each of the Planning and Zoning Commissioners at the last public hearing, the property meets the criteria of the Comprehensive Plan. In fact, the requested zone change is less than the allowed within the Comprehensive Plan. He quoted Planning and Zoning Commissioner Vanessa Johnson. She said, “There is a need for affordable housing. Being a local apartment manager and dealing with property management, I have seen the need firsthand. When posting online several units needing to be filled, there were over 100 people that responded desiring to rent the units.” Mr. Lawrence said he has been impressed with Mr. Wade’s integrity and found him to be a man of his word. His plans for this property will be a benefit to the people who will be able to live in this area because of the development so he is in favor of this annexation and zone change. Mr. Lawrence read the letters submitted by his siblings as public comments in favor of this request. Public Testimony neutral to the proposal (5-minute limit): None Public Testimony opposed to the proposal (5-minute limit): Jeff Jacobson said his house is directly across the street from this property. He is opposed to the annexation and rezone if it leads to increased traffic and speeding motorists without real efforts to curb speeding by city government. He is opposed if it ignores the wishes of approximately 75 signees on the recent petition submitted to the Planning and Zoning Commission. He is opposed if it fails to preserve the natural resources and open space the Comprehensive Plan purports to do. He is opposed. Mr. Jacobson stated he read sections of the Comprehensive Plan and he is aware that the city is in the process of updating the plan. There is paragraph after paragraph in those hundred plus pages that pertain to 13 parks and greenspace. His interest is for this property to become a city park. There are four acres right next to this property that are being developed into a park and an additional four acres would be great for a city park. Mr. Jacobson read from page 12 of the Comprehensive Plan. The city is interested in ensuring harmony of land uses and maintaining existing densities and land use patterns. Residents have taken pride in their homes and strive to maintain them appropriately. In residential areas, the city desires to increase access to parks and open space and provide convenient recreational facilities. Page 13 of the Comprehensive Plan states, the city has expressed an interest in creating more permanent open spaces and parks and protecting those that already exist. These are the overall goals of the Comprehensive Plan. The number one priority is to improve the physical environments of the community as a setting for human activities to make it more functional, beautiful, decent, helpful, interesting, and efficient to promote the public interest of the community at large rather than the interest of individuals or special groups within the community. Paragraph #3 to facilitate the democratic determination and implementation of community policies on the physical developments. Paragraph #5 to inject long range considerations into the determination of short-range actions. Paragraph #7 to maintain high levels of interaction with the public for planning and decision making encourage citizen input when considering code modifications. In chapter five of the Comprehensive Plan under economic development it states, economic development activities help to build strong, sustainable communities at the same time, economic prosperity should not come at the detriment of the natural environment which is an important aspect asset to attract and retain businesses and skilled workers. On page 66, Objective 1.4 it states, as appropriate, protect the quality of existing residential neighborhoods, and ensure new residential development is of high quality. Goal #2 as appropriate, preserve key, natural and open spaces and promote development of additional park spaces to meet growing demands. Objective 2.3 on page 66 it states, whenever possible, protect sensitive lands, wildlife habitat from adverse impacts of development and protect the safety of Rexburg residents by regulating development in hazardous areas. He believes it has become a hazardous area due to the excessive speed. On page 70 under residential neighborhoods the Comprehensive Plan suggests no changes to the land uses of existing neighborhoods. The city should work to provide additional park space in areas that are currently not well served by parks, new parks should be encouraged in new development areas with ownership and maintenance by neighborhood associations. In many cases, storm water retention ponds not only temporarily hold storm water, but also provide open space, picnicking, walking and sitting space to neighbors. The city should work with developers to ensure that new development pays its fair share towards the construction of new park spaces. These parks should be large enough to provide opportunity for a variety of recreational activities. On page 81 it states, while management of open spaces within residential areas can be complicated, the value of open spaces near communities easily outweighs the challenges. Open space provides a range of benefits to citizens of a community including opportunities for recreation, and aesthetic benefits to the residents near open space to protecting property values and rural residential neighborhood character additionally, in rapidly growing urban and suburban areas. Any preserved land can offer relief from congestion and other negative effects of development, preserving open spaces with and around cities does not limit the development potential of those communities, but rather enhances the development that does take place and actually reduces infrastructure expenditures for the community by grouping development together. Chapter 10, the whole chapter is on parks, recreation and open space. Mr. Jacobson said in the latest Park Recreation Open Space in Greenway guidelines, released last year it states, they appeared to be based on new philosophy with a systems approach to community facility planning at its core. The new approach considers the old notion of a national standard of 10 acres of Parkland for every 1000 people. Which has been in place since 1981 and is generally recognized as deficient in today's recreation open space environment. So, 10 acres per 1000 people. We've got over 2500 people in that area and we have no parks. This new approach recognizes that residents of each community should be given the right to determine the size and use of land set aside for Parks and Recreation facilities. Page 115 states, options for funding these new parks can come through a variety of mechanisms but should all ultimately come from the developers of the surrounding land. Impact fees could help meet the additional demand for park space created by expanding the population of an area. Alternately, the city may require a developer to set aside a certain portion of land for a park in their development. In the master plan 1/3 option is to require developers to pay a fee; however, the option of setting aside a specific parcel for the development of the park. The maintenance of small parks is very expensive for cities and Rexburg discourage the development of pocket parks that will require maintenance and upkeep by the city regardless of the size of park developed. The city should aim to provide a balance of park space opportunities within the city as it grows. Page 115 continued, encourage the location of a neighborhood parks within 1/2 mile of new residential developments, natural open space preserves. Page 117 states, Madison County has a number of picturesque natural open spaces within its borders. Preservation and maintenance of these open spaces is of most importance to the community. This plan encourages the long-term preservation of these areas through regulatory and market tools. When publicly owned specific preservation goals may include preservation of views including hillsides, ridgelines river corridors and Bluffs, preservation of natural open 14 areas as a primary design objective in all future development processes or proposals, coordination with nonprofit organization or Land Trust to help promote preservation and accept and maintain donations of land and easements for parks, recreation, and open space. Mr. Jacobson mentioned there is an abundance of wildlife across the street on that land. The other day they had to push a moose out of there. There are deer, hawks, and birds of all kinds, squirrels and rabbits. It's already a park with mature trees and potential for a pond. It's a perfect location for a park. In addition to the four acres that is right next door to the property. He questioned why the city allows one individual from out of state with no ties to this area with only promised interests to come into this area and dictate what and how to develop our properties especially when it runs counter to what the city and the residents desire. He believes this proposal is shortsighted and not the best fit for this property. A park or preserve is a much better fit. Once opened for a housing development, there is no going back for this land, it will never again be open green space and that will be regretful for all unless you reject outright this annexation. He asked for the decision to be tabled for continued evaluation and discussion. Susan Foster said she doesn’t believe this annexation and rezone request can be stopped; however, there are some questions needing to be addressed. Why are we overbuilding and overpopulating small plots? This same situation is happening to her in Teton Valley on her farm. They are surrounding her property near Darby Canyon with subdivisions. She asked if the schools, sewer, garbage, and water can sustain more people. The amount of traffic is ridiculous, there are some days when she must use her vehicle and drive around to come back to her mailbox. She asked if the mailboxes can be moved to the other side of the street. She said residents cannot cross the street because of traffic created by the Hyde Park Apartment residents. There are a lot of bikers and people riding scooters. There was an accident with a person operating a scooter knocking down a pedestrian. Mrs. Foster said she took the pedestrian to the hospital. The pedestrian suffered two broken knees due to being hit by the person riding the scooter. There are small children on bikes on the street and additional traffic will cause a more dangerous situation. The mailboxes, the traffic, and the kids in the street will cause more accidents to occur. An ambulance was there in the last three weeks due to an accident. The kids from the middle school walk up her street to go home. The sidewalks aren't going to go clear to the Lawrence’s property. She said if somebody cannot walk on the sidewalk, they are going to have to walk in the street part of the way and even the house across from her has not installed a sidewalk. Faith Jacobson said in her opinion the best option of the property would be a park. She has the same concerns Susan Foster stated. Some of the comments during the Planning and Zoning public hearing were concerns with High Density Residential 2, when this was mentioned, it was extremely concerning to her. The Mesa Falls development is Medium Density Residential 2 that is extremely high density to her. The Eden Apartments are High Density Residential 1, the thought of something potentially being built there as High Density Residential 2 is mind boggling. She had asked Mr. Wade why request Medium Density Residential 2. She understands his reasoning’s regarding the costs of building, and she believes he understands that the residents on that street have been burned essentially by previous promises from developers. She is not speaking against him because she doesn’t know he wouldn't live up to his word. She can’t take him at what he's saying because zoned at Medium Density Residential 2 and the goal or the desire is to build townhomes; however, if his calculations show this density isn't going to be profitable enough, there could be Mesa Fall sized buildings across the street. Mrs. Jacobson said the traffic concerns have been mentioned and appreciates Mr. Wade saying he has set aside some land to widen the street to put in sidewalks and widening the street; however, the road was widened a couple of years ago that only made the cars go faster, not slower. So, to widen the road even more is a concern. As far as dangers at other parks. Porter Park is surrounded by apartments, businesses, and the university so potentially a very different demographic than will be at a park on 5th West. There are several children and families that could benefit from a neighborhood park without anybody coming from further away. The former Steiner property is already designated as a City Park. She said she doesn’t understand the logic of not have a park because it could be dangerous. She would be grateful if the density were to be lower. Applicant rebuttal Mr. Wade said he certainly respects the position of the immediate neighbors. He understands when you live in a neighborhood, no one wants the extra density. No one wants the apartments; however, when someone desires to sell their property and there's an opportunity to have higher density, then suddenly the potential value of their property climbs substantially. When selling their property, they certainly want to emphasize the fact that there's potential for a rezone because of the per unit land costs goes up and that makes their property more valuable. 15 Mr. Wade said there are many ways to transfer wealth in the United States and one of them is to give an inheritance; however, often it's done through land, and this is the way he understands it, the Lawrence’s passed on and are giving this inheritance to their children. The irony is interesting in that if the neighbors one day decide to sell their property, they'll probably sell, as a group or block of neighbors to a developer at a higher cost, which would then of course, necessitate a rezone for putting in apartments or townhomes. He questioned how someone in good conscience tries to oppose a measure that they would do themselves. He opposes the request to table the annexation and rezone request because if tabled it pushes back the development into the winter. It becomes expensive and even prohibitive to do some of the building. He believes there is enough information to decide tonight. Council President Busby closed the public hearing Council Member Walker mentioned the city worked with the Lawrence Family on purchasing their land for a city park; however, they chose to go a different direction and did not sell their property to the city which is their privilege. He is in favor of annexing the property because it is considered an island. As far as the zone request, the Medium Density Residential 2 (MDR2) Zone is a good fit with the surrounding zones. The moving of the mailboxes is determined by the post office. The city does not have control of moving the mailboxes. Public Works Director Davidson said he spoke with the postmaster and was informed the delivery of the mail is charged per mile and by changing the mailboxes to the other side of the street would increase the route distance. Council Member Flora said she too would have loved to see the property be developed into a park; however, when the Lawrence family decided not to take the city’s offer, there isn’t really anything the city can do. She agrees with Mrs. Foster’s concerns regarding the level of speed the vehicles are traveling through the street in this area. She asked if calming measures could be set for that street. As far as the annexation, the property has been an island in the county for a while and the rezone request is a fair zone for the area. She said with the amount of density in the surrounding area, it is a safety concern. The city needs to investigate doing a traffic count and seeing how fast people are traveling to determine the best solutions. Council Member Johnson mention in the Comprehensive Plan, the designations that have such a wide range like was mentioned from Medium Density Residential 2 up to High Density Residential 1. She agrees that it has been a problem for residents to understand and that is going to be fixed with the update to the plan. She asked how far the sidewalk is going to extend from the property. Planning and Zoning Administrator Parkinson said the sidewalk will be a continuation to the North and to the other side of the property and if the funds allow, the sidewalk will be installed at the Steiner Park. Council Member Chambers said the other option the city may have, since the property wasn’t purchased, would be to regulate it for a park; however, they would get into the taking’s realm, where the city regulates all economic value and private property. He believes that is a dangerous territory to tread, so he is in favor of this project and annexation. The project can be of considerable value to the community. Council President Busby asked if he needed to recuse himself from voting because he lives in the neighborhood. City Attorney Zollinger said that did not pose a conflict of interest. Council Member Erickson said he agrees with the Councilmembers, he lived in that area for a lot of years; however, he believes in property rights. He favors townhomes more than high rise apartments for this area and Mr. Wade has promised to build townhomes that is why he is in favor of the rezone request. Council President Busby said he may have to recuse himself. Mr. Wade contacted him because he thought he was the one circulating the petition and informed Mr. Wade that it was Mr. Jacobson who was circulating the petition. City Attorney Zollinger replied it is appropriate to disclose the contact with the applicant; however, unless the applicant offered to buy your property as part of this project then a recusal is not necessary. Council President Busby said he will be affected by the traffic this development will create. He will be affected by a lot of different things, although he lives off the road from the development. He is taking into consideration Mr. Wade’s proposals; however, the prospect of High Density Residential 1 at this location is concerning to him. If the project is curtailed and Mr. Wade is no longer interested, then another developer may desire a higher density. He has seen the switch and bait tactic taking place in the city before and has seen higher densities be built when the developer said they weren't going to go higher. Mr. Wade’s request is less density than what can potentially be built. 16 Council Member Chambers moved to approve Ordinance No 1285 to Annex 795 S 5th W into the City of Rexburg and Rezone the property from Rural Residential 1 (RR1) to Medium Density Residential 2 (MDR2) Zone and consider first read; Council Member Walker seconded the motion; Council President Busby asked for a vote: Those voting aye Those voting nay Council Member Flora Council President Busby Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker The motion carried. Item for Consideration: (2:28:53) A. City Staff Recommendation to approve destruction of Building Plans hard copies that have been archived digitally in the City’s designated records archive system. Designated as Resolution 2022 – 16 if motion passes – Deborah Lovejoy Council Member Chambers moved to approve Resolution 2022 – 16 the destruction of Building Plans hard copies that have been archived digitally in the City’s designated records archive system; Council Member Johnson seconded the motion; Council President Busby 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. B. City Staff Recommendation to amend Ordinance No 536 to designate the dates for the sale of Fireworks in the City of Rexburg to be June 23rd to July 26th. Designated as Ordinance No 1286 if motion passes – Stephen Zollinger (2:29:27) Council Member Walker moved to approve Ordinance No. 1286 to amend Ordinance No. 536 to designate the dates for the sale of Fireworks in the City of Rexburg to be June 23rd to July 26th and consider first read; Council Member Erickson seconded the motion; Council President Busby 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. Calendared Bills: (2:30:07) A. Second Reading: Those items which have been first read: NONE B. Third Reading: Those items which have been second read: 17 1. Ordinance No 1282 Annex into the City of Rexburg and rezone from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) zone 1174 N Yellowstone Hwy #22-00182 – Alan Parkinson ORDINANCE NO. 1282 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council Member Johnson moved to approve Ordinance No 1282 to Annex 1174 N Yellowstone Hwy into the City of Rexburg and rezone the property from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) Zone and consider third read; Council Member Chambers seconded the motion; Council President Busby 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. Ordinance No 1283 Rezone 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) zone #22-00092 – Alan Parkinson (2:30:48) Discussion: ORDINANCE NO. 1283 Rezone Approximately 302 West 3rd North from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. 18 Council Member Flora moved to approve Ordinance No 1283 the Rezone approximately 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) Zone and consider third read; Council Member Walker seconded the motion; Council President Busby 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’s Business: (2:31:24) A. Ratify Mike Glasscock to the Urban Renewal Board Council President Busby asked Mr. Glascock to introduce himself. Mr. Glascock said he and his wife Jan moved to Rexburg in 2014. They moved to Rexburg because their two daughters live in the area, one lives in Driggs and the other one in Rigby. He said they love Rexburg and are very happy to live here. They lived in Rancho Cordova, Sacramento when he served on the Park Board during the time when the City of Sacramento was starting to build the temple and the city of Rancho Cordova was becoming a city. The Air Force bases were being shut down and were being converted over to city property. There was some opposition to the building of the temple, so he decided to get into politics and ran for the Park Board and won. He received over 7000 votes and worked on the Park’s board for four years. They completed some interesting projects one of them was converting a military base into a park. They installed artificial turf to form an athletic field which had to have sprinklers because the artificial turf becomes hot so they used water from the sprinklers to cool down the field. Mr. Glascock said he has five grandchildren in the area and other children around the country. One of their sons lives in Arizona and he has four children. Council President Busby wished Mr. Glasscock a Happy Birthday and expressed his gratitude for Mr. Glascock’s willingness to serve. He mentioned Mr. Glasscock will be replacing Doug Hancey and Mr. Glasscock’s term will go until March of 2024. Council President Busby recommended Mike Glasscock to the Urban Renewal Board. 19 Council Member Chambers moved to ratify the appointment of Mike Glasscock to the Urban Renewal Board; Council Member Flora seconded the motion; Council President Busby 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. Consent Calendar: (2:35:16) 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 June 15th, 2022 B. On-Premise Beer License for Blister’s BBQ at Teton Lakes Golf Course – 722 N 12th W Contingent upon Madison County approval C. Approve the City of Rexburg Bills Council Member Johnson moved to approve the Consent Calendar containing the minutes, On-Premise Beer License for Blister’s BBQ at Teton Lakes Golf Course – 722 N 12th W Contingent upon Madison County approval and city bills; Council Member Chambers seconded the motion; Council President Busby 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. Adjournment 8:41 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy Clerk