HomeMy WebLinkAbout2005.12.14 CITY COUNCIL MINUTES
ORM F EQUEST R RAVEL T
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ITY OUNCIL INUTES
6:00 P.M. City Council Work Meeting
7:30 P.M. City Council/Planning and
Zoning joint meeting.
December 14
, 2005
Mayor & Council Members: City Staff :
Shawn Larsen — Mayor Val Christensen – Building Official
Vacancy Donna Benfield Kurt Hibbert — Planning & Zoning Dir
Farrell Young Nyle Fullmer Richard Horner — Finance Officer
Rex Erickson Irma Anderson Blair Kay — City Clerk
John Millar — Public Works Dir
Stephen Zollinger — City Attorney
Pledge to the Flag
6:00 P.M. – City Council Work Meeting – Rexburg Redevelopment Agency –
Discussion &
approval of the Rexburg Revolving Loan Fund (RLF) – Dave Ogden
Mayor Larsen
welcomed Glen Pond from the Redevelopment Agency.
Glen Pond
reviewed the Redevelopment Plan and introduced Ryan Armbruster and Harlan Mann to the
City Council. The work session was scheduled to review the Redevelopment Plan document.
Attorney Ryan Armbruster
explained that attachments 5A & 5B were omitted from the mailing to the
City Council. He provided those documents at the meeting. This meeting will be a time to offer
changes to the plan. There are change sheets provided. The Public Hearing will be on December 21,
2005. Financial Officer Richard Horner and Public Works Director John Millar helped put the
information together for the plan. The amended plan accomplishes three objectives:
1.
Adds an additional area to the existing North highway plan area called the “South Addition.”
2.
Updates the plan since the original Redevelopment Plan in 1991 (which was amended in 1998);
This proposed amendment to the Plan will allow for upgrades to the infrastructure in the
new area.
3.
Moderates the Plan to comply with recent changes to standards.
This Plan is similar to and closely mirrors the Main Street Redevelopment Plan in 1993. Decide against
a legislative form and delete much of the old language. Attorney Armbruster indicated that the Plan
creates public space, a gateway entry, allow for community buildings, and the construction and
improvement of major street corridors. This Plan attempts to address some of the issues that have come
to Rexburg since the announcement of BYU-I in the year 2000. The current Plan bond is scheduled to
be paid off in 2008. He reviewed the bond financing current numbers. The Amended Plan covers some
of the open lands in Rexburg. Boundaries around the Plan include the associated right of ways that are
adjacent to the Plan area, so there will be no mid-street boundaries. He reviewed the new area in the
Amended Plan. This Plan has been reviewed by the School District, the City and the County. The
agency will not invoke eminent domain unless specifically requested by the City Council. He has never
filed an eminent domain action in the 25 years of his working with this process. There are many other
tools available to acquire property. The City is required to describe which properties they believe they
may acquire. He mentioned the property west of K-Mart. The properties would be developed in
accordance with the City’s zoning laws. Planning and Zoning has indicated that the Plan is in
conformity with the Comprehensive Plan already in place for Rexburg. The Planning Area will be
added to two existing Plan areas. This Plan will continue to the year 2021. Property tax assumptions
included in the Plan may change with future legislative changes in Idaho. He also reviewed the levy
bond issues, if they were to apply in the future.
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Council Member Benfield
reviewed the pay off date for the original Plan in 2008. The Plan will pay
off before the thirty year payoff date. The last bond was for only fifteen years, so it will pay out early.
She asked if the Redevelopment Area could change after the Plan was approved. The Plan Area can be
added upon; however, land deletions may have debt tied to the land which would limit the opportunity to
remove it from the Plan.
Harlan Mann
reviewed the financial information tied to the Plan. He is the author of the map with
some calculations on it. He thanked Craig Rindlisbacher and other Staff for the GIS information. This
has been done much like an appraiser of properties.
Commissioner Robison
asked Harlan if his numbers were conservative.
Harlan Mann
indicated that the numbers were quite conservative. He reviewed some of the buildings
that are included in the Plan. He also indicated that the levy rates may fluctuate (down) in the Plan
estimates due to growth. The Plan includes some land by the High School that was a dumping area.
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Financial Officer Horner
reviewed some financial information in the Redevelopment Plan. The 2
East bridge and some traffic lanes were widened in the original Plan. He discussed the revenue flows
from the Plan to the City and the County. He mentioned future plans to build on the new
Redevelopment Area. This Amendment to the Plan will allow funding of walking paths, a Canal Bridge
on the Walker property, infrastructure, and other expenditures for the new area included in the Amended
Redevelopment Plan.
Financial Officer Horner
indicated that the Plan calls for a $125,000 bond reserve until the bond is
paid off. There has been $450,000 in Federal funding promised to date for the development of the LP
property. A new bond of $850,000 to develop the new area in the Plan could be paid off in 2021.
Another option is to spend the money as it comes into the Redevelopment Area. He indicated that
interest is less expensive than inflation at the current rate.
Council Member Fullmer
asked about the origination of the Plan to develop the property behind K-
Mart.
Attorney Ryan Armbruster
reviewed some possible financing options that may expedite the
reconstruction of the new area. Clients have been successful with borrowing money from local banks.
There may be some way to fund the Plan without a bond.
Mayor Larsen
stated that is what happened with Trails of Madison County; funding was put up by the
Redevelopment Agency, and then fund raising was carried out to pay it off.
Glen Pond
indicated that the Agency would be flexible in the future as the City changes in the
Redevelopment Area.
Council Member Erickson
explored the option of using the revenue from the K-Mart bond that would
be paid off in 2008 for this new area. Revenue may only be applied within the expanded district.
Glen Pond
reviewed the taxing increment that is assigned to the new area as growth comes to the new
area. The School District funding is less affected than other taxing entities in the County. The new
taxes from development in the new area are dedicated to the development of the new area until the end
of the Redevelopment Area time period.
Council Member Benfield
spoke about the Plan in review.
Mayor Larsen
thanked the Redevelopment Agency for their work on the Amendment to the Plan.
Council Member Erickson
was thankful for the information to help the City Council understand the
Redevelopment Plan to help the City Council understand the intent of the project.
Glen Pond
summarized the effort of the Redevelopment Agency.
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The Redevelopment Board Adjourned.
7:00 P.M. - Pledge to the Flag
Roll Call of Council Members: All City Council Members were present.
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.
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A. Minutes from November 16, 2005 meeting
B. Approve the City of Rexburg Bills
Council Member FullmerMember Anderson
moved to approve the Consent Calendar; Council
. The motion carried.
seconded the motion; all voted aye, none opposed
Public Comment:
on issues not scheduled on the agenda (limit 3 minutes)
Dave Ogden
asked the City Council to approve the Rexburg Revolving Loan Fund. He made mention
of nine existing outstanding loans to businesses for $1.2 million dollars. They are current with their
payments.
Council Member Young
asked if any loans had been written off. They are all in good standing.
Council Member Benfield
asked Dave to review the report for the City Council. Dave reviewed each
column in the spreadsheet. The last column shows the due date of the loan.
Mayor Larsen
asked if any loans were issued this year. Dave indicated that there were some loans
approved this year for Rexburg businesses; however, some of the loans were outside of the Rexburg
fund. The grant can leverage other funds for new businesses in the area. The last couple of years the
economy in the Community has been strong which increased the loan fund activity.
Dave Ogden
reviewed the cost to maintain the loans. It costs about $230,000 to administer the funds.
The Rexburg Revolving Loan fund is 3.5% of all of the loans they service at the Agency. The
administration costs for the Revolving Loan Fund are running at 2.5% of the cost for the administering
of the total loans. They are asking for $9,000 to administer the loans for Rexburg this year. Last year
the fee was $6,000 to administer the loans.
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Mayor Larsen
indicated that hewill add this proposed contract to the agenda on the 21 of December
for the City Council to review.
Presentations: MYAB Report on the Turkey Trot event.
Jacob Thatcher
reported on a Turkey Tort on November 25, 2005. It was a fun run for one mile with
74 participants. The winner of the Turkey Trot (fun run) was Dallan Weeks. There were gifts from
Broulim’s for the event. It was held at 5:30 p.m. The Westwood Theater was used for the playing of
Christmas cartoons after the fun run. Santa Clause came to the Westwood Theatre too. They charged
$1.00 per person and the money went to the “shop with a cop” event at K-Mart.
Council Member Erickson
noted that the Mayor finished in front of a baby cart entry.
Mayor Larsen
thanked Jacob and the MYAB for their efforts to raise money for the “shop with a cop”
event.
Mayor Larsen
asked the City Council to go into Executive Session to discuss possible pending
litigation.
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Council Member Young
moved to go to executive session; Council Member Erickson seconded the
motion;
Those voting aye: Those voting nay:
Donna Benfield None
Farrell Young
Nyle Fullmer
Rex Erickson
Irma Anderson
The motion carried.
The City Council
retired to another room for a brief Executive Session meeting.
Executive Session ended.
Mayor Larsen
turned the meeting over to the Planning and Zoning Commission. He indicated that he
Mayor Dalling
and , of Sugar City, have requested that both Cities put a moratorium on this annexation
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action until Friday the 23 of December. This will allow the City Councils to meet next week to discuss
.
the issues between the two Cities He believes that the two cities must cooperate to ensure good future
relations.
There was a comment made from the audience that the meeting was advertised as Joint City Council &
Planning and Zoning Public Hearings: Mayor Larsen thanked the individual for the comment. He
turned the meeting over to Commissioner Thaine Robinson to conduct the Planning and Zoning Public
Hearing on Annexation of Properties south of the Rexburg North Interchange to Hwy 20.
Planning and Zoning Commission Chair Winston Dyer
was not present at the meeting.
Commissioner Thaine Robinson
took control of the Planning and Zoning meeting for the Public
Hearing on the Annexation of Properties south of the Rexburg North Interchange to Hwy 20.
Roll call
was called for by Commissioner Thaine Robinson. 9 members were present.
Mary Ann Mounts, Thaine Robinson, Charles N. Andersen, Joseph Laird, Mary Haley, Randall Porter,
Winston Dyer was excused.
David Stein, Michael Ricks, and Ted Hill.
Planning and Zoning Public Hearings:
7:35 P.M. – Annexation of Properties south of the Rexburg North Interchange to Hwy 20.
Commissioner Stein
reviewed the “recommendation role” of the Planning Commission to the City
Annexation of Properties south of the
Council. He suggested tabling the Public Hearing on the
Rexburg North Interchange to Hwy 20
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Commissioner Mary Ann Mounts
moved to table this item as Mayor Larsen suggested until sometime
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after the 23 of Decemberso the City Councils from each City can meet together. Commissioner Mary
Haley seconded the motion; Discussion: City Attorney Zollinger discussed the process and suggested
that the Planning Commission set a specific date for the continuation of this Public Hearing.
Commissioner Mary Ann Mounts
amended her original motion to hold a continuance of the meeting
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on Thursday, the 29 of December. Commissioner Mary Haley seconded the amendment to the original
The motion carried.
motion. All voted aye, none opposed.
Commissioner Thaine Robinson
indicated the further written testimony will be allowed for the next
meeting.
8:00 P.M. – Annexation of Properties in the southern area of Rexburg going east of the South
Interchange to Hwy 20.
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Commissioner Thaine Robinson
reminded the Planning Commission of the Legislative purpose of this
Public Hearing for an annexation of properties into the City of Rexburg under the Idaho Statutes. He
pointed out four points to consider in this action.
1. Development of the City.
2. Effective Economic Infrastructure.
3. Provision for Private landowners to develop their properties.
4. equitable allocation of plot with City infrastructure.
The process will be as follows. The petitioners will present the proposal, then testimony will be
received for those in favor, neutral, and against the proposal. The public testimony with be closed at
that point and the presenter will be given an opportunity for rebuttal. At that point, the Planning
Commission will go into deliberations on the proposed request.
Planning and Zoning Administrator Kurt Hibbert
gave a presentation on the overhead screen
explaining the concept of orderly growth for Cites in the State of Idaho as outlined in the State Statute.
P&Z Administrator Hibbert
reviewed the State Code 67-8202 on Legislative authority as follows:
The Legislature finds that an equitable program for planning and financing public facilities needed to
serve new growth anddevelopment is necessary in order to promote and accommodate orderly growth
and development and to protect the public health, safety and general welfare of the citizens of the state
of Idaho. It is the intent by enactment of this chapter to:
(1) Ensure that adequate public facilities are available to serve new
growth and development;
(2) Promote orderly growth and development by establishing uniform
standards by which local governments may require that those who benefit from
new growth and development pay a proportionate share of the cost of new public
facilities needed to serve new growth and development;
(3) Establish minimum standards for the adoption of development impact
fee ordinances by governmental entities;
(4) Ensure that those who benefit from new growth and development are
required to pay no more than their proportionate share of the cost of public
facilities needed to serve new growth and development and to prevent duplicate
and ad hoc development requirements; and
(5) Empower governmental entities which are authorized to adopt
ordinances to impose development impact fees.
P&Z Administrator Hibbert
explained that the County and the Cities (Rexburg & Sugar City) have
worked together to develop planning (Impact) areas for future growth. These planning areas were
negotiated in 1991 and solidified in 1995 with City/County agreements between the public entities. The
City of Rexburg has twice negotiated to expand its impact area to accommodate several high growth
areas in the City. The City of Rexburg has Comprehensively planned the impact areas and both
annexations proposals on the agenda tonight are within the area of impact for the City of Rexburg. The
City of Rexburg has extended public facilities into or towards those urban growth areas proposed for
annexation on the agenda tonight. Water and Sewer is available within 1,000 feet of the proposed north
annexation area. It is immediately adjacent to the west side of the property on the south annexation
proposal. Rexburg has participated in a County wide Transportation Plan that includes these areas as
part of Rexburg’s twenty year build out analysis. Rexburg and Madison County have officially adopted
the Madison County Transportation Plan.
P&Z Administrator Hibbert
reviewed an impact area map on the overhead screen for the public. It
showed the impact areas for Rexburg and Sugar City that was approved by Madison County. The City
limits have changed (grown) since the adoption of the impact areas in 1995.
P&Z Administrator Hibbert
indicated that tract three on the south annexation proposal was not a
petitioned annexation. Tracts one, two, four and five were petitioned for annexation.
Commissioner Randall Porter
asked about tract four going south. It was not included tonight.
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Commissioner Mary Haley
mentioned that tract two is an addition to Rexburg Motor Sports
development.
Commissioner Thaine Robinson
gave rules for a public hearing.He then opened the Public Hearing
for the petitioners.
P&Z Administrator Hibbert
reviewed Tract 1: It was a petitioned annexation as a coat tail annexation
Blair Heinz.
by He asked that they be included in the Annexation. There are two homes excluded from
this hearing on the Heinz property.
P&Z Administrator Hibbert
reviewed Tract 2: It was a petitioned annexation by Jared Burt for
Rexburg Motor Sports, who wants annexation of a small addition to their current property.
P&Z Administrator Hibbert
reviewed Tract 3: It is a forty acre block of several parcels owned by the
Steiner Family.
It is contiguous to Tract 4. It is east of the Ray Loveland property. If Tract three was
not included in the annexation proposal, it would create an island.
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Atsu Fuimoto
at 1094 S. 5 W. reviewed Tract 4: Atsu & his brother and sister-in-law own this
property that is currently zoned agriculture. He reviewed some slides on the overhead screen for his
property boundaries. One map showed the proposed new extension of University Boulevard through the
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Fujimoto property. The property is bordered by South Yellowstone Hwy on the west and 5 West on
the east. He asked for the land to be rezoned as a Rural Residential 1 (Tract 3), Regional Business
Center (Tract 4), and General Business District (Tract 4). It will help with the Construction of University
Boulevard, and the growth of the City will make it hard for them to farm their land. He asked for the
approval of the annexation proposal.
Kurt Hibbert
explained the staff recommendation. He explained the reasons for the proposed zones. It
will be conducive to the development of the new Boulevard. The Planning Commission agrees with the
Regional Business Center and the General Business District Zoning plan.
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Richard Smith
reviewed Tract 5: It is part of the 2 addition to the development of Harvest Heights. It
is a forty acre tract of land that will be a small part of the Harvest Heights Subdivision #2 that needs this
annexation to complete the plat. The proposed zone is Rural Residential 2 to match Harvest Heights
Subdivision #1.
Joseph Laird
asked to hear from people in Tract 3. Also, he mentioned that the common line of Tract 3
and Tract 4 should be reviewed for street location considerations.
The road locations will be reviewed at a later time when developments are proposed for the different
parcels of property.
Commissioner Thaine Robinson
opened the Public Hearing of public input.
Those in favor of the Annexation of these five tracts:
Mr. Atsu Fugimoto
indicated that he and his family are in favor of the annexation of their property.
Those neutral to the annexations:
Bill Moss
at 410 Partridge Lane in Rexburg commented on Tract 3. It was not a petitioned request for
annexation. The desire of the proposal was to not create an island, and yet several islands are created. He
reviewed several examples of islands created in the City. He would like to know how these other
islands are justified within the City.
Gordon Steiner
at 3987 East 460 North in Rigby, Idaho, owns property in Tract 3. They are not part of
the annexation and do not desire to be annexed until some questions are answered. They are neutral at
this point. He asked:
1)Why is the Boulevard road bellied so far to the South? Why not use straight lines which are
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adjacent to the property line? This would make addresses easier. He wanted the road to run
straight between Steiner’s and Loveland’s. He wanted to know how many accesses would be off
of the north side of the Boulevard. They recommended two or three accesses off the Boulevard
to the north.
2)Why does the road taper abruptly and curve by his sister’s lot instead of going straight up the
hill?
3)If they are annexed, they would like to go along fifth west, and talk about sewer hookups and
water hookups. They have their own systems at this time. What will they see in benefits from
the City?
4)What is in it for the Steiner family?
If these questions are answered, the Steiner family will recommend whether or not they would like to be
annexed.
Gary Steiner
at 36 Mountain Drive, in Hibbard, reviewed the original layout of the Boulevard. He
produced an old drawing that shows the road going parallel right by his property. He would like to know
why the boundaries were changed, and the road is no longer straight. He was concerned with the
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Mr. Fujimoto
intersection of the road on 5 West due to the hill at that location. indicated that the road
location was approved as shown by the City/State through negotiations.
Public Works Director John Millar
indicated that the road was moved away from the property line to
cross the tracts at the South Yellowstone Hwy. Early discussions with Fujimotos moved the road to the
south into their property going east. It was advantageous to the Fujimotos to move the road to the south.
Richard Smith
answered the question of aligning the road to the north of a straight line from the west
when it goes east and enters the University property. It is University property; however, the Boulevard
design was established before the University purchased the property.
Gordon Steiner
asked about an access off of the University Blvd to his property to the north of the
Boulevard at no expense to the Steiner property.
Commissioner Thaine Robinson
reminded the public that the Public Hearing was for an annexation
proposal. The comments on the location of access points to University Boulevard would be taken under
advisement. Gordon Steiner indicated “good.”
Ray Loveland
had a question about the streets for the properties. He indicated that there should be a
P&Z Administrator Kurt Hibbert
street through the properties to access University Boulevard.
encouraged the owners to come into the City and work with the Staff to decide road alignments.
Those in opposition to the Annexations:
- NONE
Commissioner Thaine Robinson closed the public input.
Commissioner Hill
asked to review one Tract at a time.
The proposed zoning for each Tract was reviewed:
Tract 1: Rural Residential 1(RR1)
Tract 2: Community Business Center (CBC)
Tract 3: Community Business Center, Rural Residential 1
Tract 4: General Business Center, Regional Business Center, Rural Residential 1
(GBC, RBC, RR1)
Tract 5: Rural Residential 2 (RR2)
Tract 1:
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Commissioner Mary Haley
reviewed the 2 homes on the property. The rest of the property is farm
P&Z Administrator Kurt
ground. She asked why the homes are not part of the annexation proposal.
Hibbert
indicated that they are different owners than those who requested the annexation. She would
like those properties annexed too. She doesn’t think it is good planning to leave that property out of the
annexation.
P&Z Administrator Kurt Hibbert i
ndicated that they will be annexed in the future. He also explained
that Tract 1 will be Zoned Residential Rural 1. Tract 3 will be zoned as a Community Business Center,
and Rural Residential 1.
Tract 2
No opposition.
Tract 3
Commissioner David Stein
would like a Master Street Plan to be included for the properties owners in
Tract Three. The annex is supposed to promote orderly growth, which would include road master
planning.
Commissioner Mary Haley
reviewed the ownership of the separate parcels of ground in Tract 3. These
parcels are owned by four Steiner family members that still live on the property.
City Attorney Zollinger
indicated that the Commission can prevent land locking. They can require
access as part of the development of the properties in future development hearings. The development
hearings would be appropriate for access planning. It is not appropriate to do development planning in
annexation hearings. The Steiner family concerns are genuine and legitimate; however, they should be
addressed at the appropriate time when development starts to occur. The question was asked if the
Steiner’s could oppose the annexation of their property at a future meeting if they remain neutral
tonight. City Attorney Zollinger indicated that the Planning Commission can require access to the
Steiner properties in a future development hearing to make certain that the Steiner parcels do not
become landlocked. The public hearing process is to gather public input on the annexation proposal.
He indicated that from an annexation concept, the property is either annexed or it is not annexed. The
roads can not be determined in the annexation hearing.
Commissioners & Attorney Zollinger
discussed state statute 50-222 (A) Category A. If there are less
than 100 parcels and more than 50% of this land mass being annexed, then it is reasonable for the City
to annex these properties. There are conditions to seek de-annexation which can be exercised by the
landowner if they can prove they are not part of the City.
Commissioner Mary Ann Mounts
asked if the land was still being used for agriculture. They
indicated that ninety percent of the Steiner property is agricultural. The Steiner property was reviewed
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to see where the homes were located on 5 West.
Tract Four
This property will be zoned as a Regional Business Center.
Commissioner Joseph Laird
reviewed the road anticipated on Tract 4. He believes that the road layout
deserves some discussion before final decisions are made.
City Attorney Zollinger
mentioned with the exception of the road alignment that was already
presented, any other roads, driveways, parking lots, or structures will be submitted to the City for
approval.
Commissioner Mary Ann Mounts
asked about the connection requirements for Steiner’s sewer. The
north parcel sewer connection would be an agreement between them and the city, all other parcels are
voluntary for their sewer’s useful life, and they do not have to take the City’s connection on water.
Tract five
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Commissioner Mary Haley
mentioned that it meshes very well with what has already been developed.
Commissioner Charles Andersen
moved to recommend to the City Council the annexation of tracts
1,2,3,4, and 5 with zones as currently recommended by the Staff; Commissioner Mary Ann Mounts
Discussion
seconded the motion; : Commissioner Mike Ricks indicated that there was excess
commercial zoning at this time. He would like to see more residential zoning. He is not comfortable
with the proposed zoning.
Commissioner David Stein indicated that the Comprehensive Plan shows commercial growth in this
area. He supported the proposed zoning. Orderly planning in compliance with the Comprehensive Plan
was discussed. Commissioner Mary Haley thought that it was logical to have commercial zoning in this
area. Commissioner Ted Hill has a problem with Tract 1 excluding homes. He wanted Tract 1 and Tract
3 excluded. Tract 4 is ok. Commissioner Mike Ricks concurred with excluding Tract 1, accepting Tract
2, Tract 4, and Tract 5, and denying Tract 3. Commissioner David Stein acknowledged that the
Commission can’t do road plans tonight. Ray Loveland indicated that he would like his property
excluded if the Steiner property is excluded. If the Steiner’s can get their questions answered, they
would be in favor of annexation. City Attorney Zollinger indicated that the road access questions are
development questions and they can not be part of the annexation process. He went on to say that the
City would not allow the Steiner property to become landlocked. The City can not indicate today where
the Steiner access will enter the Boulevard. The property accesses are decided through the development
process. The City requires right-of-way to enter the property; however, the City does not require the
Gordon Steiner
construction of the road by the property owner unless they are using the road. asked
how many accesses there would be off University Boulevard. City Attorney Zollinger indicated that it
was a development question. Property owners of Tract Three are opposed to the annexation.
City Attorney Zollinger
reviewed the costs for annexation public hearings. The Fujimotos paid for this
annexation hearing. The other properties were boot strapped to the Fujimoto’s annexation hearing.
City Attorney Zollinger
indicated the public hearing and other costs for this annexation have already
been paid. He discussed the Steiner’s options for delaying their annexation and paying annexation fees
at a later date.
Commissioner Mary Haley
discussed the judgment of the Commission to have good planning. They
are aware of who they are dealing with and their opinions. We look out for you when you are in the City
of Rexburg.
Gordon Steiner
indicated that because he believed the City Attorney and the Planning Commission,
they will accept the annexation proposal and trust the words of the Commission.
Commissioner Ted Hill
made a substitute motion to exclude Tract 1 and accept the other four Tracts.
Discussion:
Commissioner Mike Ricks seconded the substitute motion; on excluding the homes in
Tract 1. Commissioner Randall Porter asked to include Tract 1 because there are other islands in the
City. These homes could be annexed with these other islands at a future date. Commissioner David
Stein agreed however, the City Council will decide this issue. Commissioner Mike Ricks showed other
areas east of Tract 1 that will eventually be annexed.
Those voting aye: Those voting nay:
Commissioner Ted Hill Commissioner Mary Ann Mounts
Commissioner Mike Ricks Commissioner Charles N. Andersen
Commissioner Joseph Laird Commissioner Mary Haley
Commissioner Randall Porter
Commissioner David Stein
The motion failed.
Commissioner Thaine Robinson
called for a vote on the original motion to annex all five Tracts as
proposed;
Those voting Nay: Those voting Aye:
Commissioner Ted Hill Commissioner Mary Ann Mounts
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Commissioner Mike Ricks Commissioner Charles N. Andersen
Commissioner Joseph Laird Commissioner Mary Haley
Commissioner Randall Porter
Commissioner David Stein
The motion passed to annex five Tracts as proposed.
Planning and Zoning Public Hearings (Continued):
8:30 P.M. – Conditional Use Permit
to construct and operate a Head Start Early
Childhood Education Center. – Eastern Idaho Community Action Partnership.
Kay Howard
of4064 East 376 North Rigby asked the Commission for a Conditional Use Permit to
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build a Head Start Center at 55 W. 2 N., next to Twin Pine Apartments. The head Start Center will
serve thirty-six students who will attend classes Tuesdays through Fridays. The Center will include
seven staffers and volunteers and a handicap playground. Parents will bring their students to the center
each day. No transportation will be provided. The Center offers low-income education, emergency use,
and other services that are planned for the future.
P&Z Administrator Kurt Hibbert
reviewed the site plan on the overhead screen. Zoning is already
appropriate. The Staff is working with the Engineer to approve the building to comply with the design
standards.The architect is willing to shift the building slightly in order to comply.
Commissioner Mary Ann Mounts
asked for drop off times. They are planned from 8:00 to 8:30 A.M.
and 12:00 to 12:30 P.M.
Commissioner Mary Ann Mounts
it is a great thing for Rexburg to get. It is a really great program
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that is needed for Rexburg. Her only concern is traffic on 2 North at 8:00 A.M. when people are
leaving for work.
Commissioner David Stein
asked about impact on adjoining property buffering. There will be a chain
link fence around the playground.
Commissioner ThaineRobinson
asked if Staff would be involved in the development of the site plan.
P&Z Administrator Kurt Hibbert
said yes. There will be an open atmosphere design. The drop off
for cars will be off of the street. The front entrance is designed as a turn-around, which adds to the
children’s safety.
Commissioner Randy Porter
asked if this fits with the emergency services regulations. The site plan
can still be adjusted for staff approval.
Kay Howard
wants to open by next fall.
Commissioner Thaine Robinson
opened the Public Hearing.
Those in favor of the proposal:
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Loraine Flannery
at 138 North 3 East in Rexburg is a teacher at Head Start who feels that they need a
better facility. The children need more space. This will meet the needs of the children, so she was in
favor.
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Carol Flannery,
alsoof 138 North 3 East, indicated that the current conditions are deplorable. The
children need a better facility. There is a waiting list. There is not a play ground for the children.
Rexburg deserves better. It does not take local tax dollars, it is federally funded. She would like the
City Council to look very hard at this decision so Head Start won’t lose that funding. She was in favor
of the proposal.
Gary R. Martin
sent in a letter in favor of the proposal (letter is on file).
Those neutral
- NONE
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Those against
- NONE
Commissioner Mary Ann Mounts
moved to approve the proposal; Commissioner Mary Haley
Discussion:
seconded the motion; This the first time the Planning Commission has seen the proposal. It
has not been delayed by the Planning Commission. Commissioner Mike Ricks said it is a good use of
The motion carried.
tax dollars. All voted aye, none opposed.
Commissioner Thaine Robinson
closed the Public Hearing meeting for the Planning and Zoning
Commission and turned the meeting back over to Mayor Larsen.
Adjournment
of the Planning and Zoning Commission.
Mayor Larsen
thanked the Planning Commission for their service to the Community.
City Council Public Hearings:
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8:40 P.M. – Rezone properties
from LDR2 to LDR1 east of South 4 East between
nd
2 South and 350 South. (Indian Hills Neighborhood Association)
Mayor Larsen
asked P&Z Administrator Kurt Hibbert to review the Proposal. The Planning and
Zoning Commission approved the request to go from LDR2 to LDR1 which will deny future apartments
in this neighborhood.
Mayor Larsen
asked P&Z Administrator Kurt Hibbert if it was an Association.
Bryce Thueson
at 301 Mohawk Avenue reviewed the request to limit duplex rentals in the
neighborhood. They wanted to protect their neighborhood as an adjoining neighborhood did last year.
They are concerned with the neighborhood transitioning into non-owner occupied rentals.
Those in favor of the proposal - Bryce Thueson
was in favor of the proposal.
Carrie Mills
at 290 Shoshone Avenue indicated that it mergers with adjoining LDR1 property.
Those neutral -
NONE
Those against -
NONE
Council Member Fullmer
reviewed the boundaries of the proposal.
The Public Hearing was closed.
As the Planning and Zoning Liaison,
Council Member Erickson indicated that Planning and Zoning
discussed it at length. Some questions were resolved and they approved the zoning change from LDR 2
to LDR1.
Council Member Anderson
appreciated the neighbors working with the City to protect their
neighborhood from transitioning into an absentee landlord neighborhood.
Council Member Young
moved to change the zoning of the Indian Hills and the North Side of Rolling
Council Member Fullmer
Hills from LDR2 to LDR1.seconded the motion. All voted aye, none
The motion carried.
opposed.
Mayor Larsen
thanked the neighbors for making the City’s job easier.
Council Member Benfield
congratulated them for their organization and professional presentation.
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8:50 P.M. – Rezone
the property at 289 North 1 East from Light Industrial (LI)
to Professional Office (PO).
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P&Z Administrator Kurt Hibbert
reviewed the request to rezone this property for development,
which is in the planning stages. It will be a mini office area. It is consistent with the Comprehensive
Plan. Planning and Zoning gave their recommendation.
Those in favor -
NONE
Those neutral -
NONE
Those opposed
- NONE
Council Member Anderson
was in favor of the proposal to clean up the area. She thought it would
improve the property.
Mayor Larsen
agreed with Council Member Anderson. He asked if the rocks on the property could be
used at the Tabernacle.
Council Member Erickson
indicated a parcel which is owned by the Rudd’s is not included in the
proposal. Planning and Zoning approved the rezoning from Light Industrial (LI) to Professional Office
(PO).
P&Z Administrator Kurt Hibbert
mentioned the preschool facility on the corner of Main Street and
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5 West is being moved to expand their operation.
Council Member Fullmer
moved that the City Council follow the Planning and Zoning
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recommendation to approve the rezoning of the property at 289 North 1 East from Light Industrial (LI)
Council Member Erickson
to Professional Office (PO).seconded the motion. All voted aye, none
The motion carried.
opposed.
Mayor Larsen
indicated that the City Council will not take up the annexation for the proposed South
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Rexburg annexation tonight. It will be on the 21 of December.
New Business:
- NONE
Calendared Bills and Tabled Items
:
A.First Reading
: Those items which are being introduced for first reading. – NONE
B.Second Reading
: Those items which have been first read.
BILL 949 Pseudo ephedrine Ordinance
1.– City Staff
nd
Council Member Fullmer ; Council Member Benfield
moved that BILL 949 be 2 readseconded the
Discussion:
motion; Council Member Young asked if the pharmacists were contacted. How did we get
in the business of controlling access to over-the-counter drugs? Mayor Larsen will visit with the Police
Department before the third reading. Police Officer Foster indicated that an arm load of over-the-
counter drugs was stolen tonight, and they are still looking for the car. All voted aye, none opposed.
The motion carried.
C.Third Reading
: Those items which have been second read.
BILL 939
1.Revisions No. 1 Development Code:
P&Z Administrator Kurt Hibbert
reviewed the Planning and Zoning discussion with the most recent
changes.
Council Member Erickson
mentioned it was changed to prohibit the domino effect. Language was
added for that effect. Also, corner lot parking was changed to allow for parking development on corner
lots. P&Z Administrator Kurt Hibbert indicated there are no rear lots on corner lots, so the change will
allow the use of existing driveways on corner lots.
Mayor Larsen
indicated that the vote was delayed for Council Member Benfield.
Council Member Erickson
said the two changes were good during the delay.
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Council Member Benfield
reviewed a couple of things. However, what she was looking for is parking
for businesses. We are having a problem now with commercial parking. We might be getting into more
of problem with parking. She wants the BILL tabled for the new Council Members. She will vote no. It
is part of the vehicle, but not the whole vehicle.
Council Member Fullmer
asked P&Z Administrator Kurt Hibbert to review the Parking regulations.
Planning and Zoning will look at parking specifically when these questions are requested. Parking is
controlled by the use of a specific business. Parking is always based on the zone.
Mayor Larsen
commented that we are not trying to solve any problem in any particular area in the City.
The City Council previously had a great discussion on the matter of the East Main Area, but it may not
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be the answer for the 2 East properties.
P&Z Administrator Kurt Hibbert
indicated the reason there are no parking provisions in the BILL is
because parking regulations are already contained in chapter 726.
Council Member Benfield
is concerned with the Central Business District Zone.
Council Member Erickson
mentioned the Planning and Zoning Commission has spent countless hours
on parking regulations. They have done the very best they can in this area. Every time the City Council
has gone against the Planning and Zoning Commission recommendation they get into trouble. He knows
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people on 2 East that this will not help, but it takes care of the properties near the University. He is
ready to pass the BILL.
Council Member Anderson
made an observation with absentee landlord areas. The property is poorly
taken care of, due to the lack of an on-site owner. She wants neighbors to take care of their property.
She is in favor of the proposal.
Council Member Benfield
would like to see more discussions on this BILL before passage.
Mayor Larsen
asked for any public comments.
Rob Hall
owns a home on East Main. He needs to seek additional permission for changes in the
neighborhood. This BILL gives the City Council a tool to use when it is needed. The best neighbor does
not have to be a family with six children. He brought a tool to show the City Council that it was an
example of a tool that is not needed all of the time; however, when you do need the tool, it is nice to
have it available for your needs.
Commissioner Mike Ricks
there has not been any document that has been perfect the first go-around.
Any time you are in a public office by appointment or election, you make decisions. At some point an
individual will be released from that position and others will have the opportunity to tweak this BILL in
the future as needed. He urged the City Council to approve the BILL.
nd
Pat Hitton
at 55 South 2 East asked for a current copy of the BILL that prevents the domino effect.
Also, she asks about the merging of lots. When someone buys more than one lot, how will that be
treated?
P&Z Administrator Kurt Hibbert
indicated you can not aggregate properties. Backyards can have
40% hard surface for parking. Landscaping has to be maintained to buffer neighbors.
Mayor Larsen
asked about the landscaping requirement for LDR2 which is the requirement of this
BILL. You cannot pave your whole front yard for commercial use.
Pat Hitton
asked if it was possible to see what properties would be affected by these standards.
P&Z Administrator Kurt Hibbert
has a map that shows the properties in the Community that may be
able to use this proposed zone.
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Council Member Young
thought that there is public perception that the BILL is not good. It is
unfortunate that the Community has not been more informed about this Zone and how it is a tool to
improve the neighborhoods that are in transition.
Council Member Erickson
indicated that this has been on the table several times. The City Council has
done due diligence.
Mayor Larsen
mentioned that the City Council has three readings on BILLS to educate the public. It is
a lot better BILL after it has gone through this process.
Council Member Benfield
asked about a SIC Code for Medical use and the parking for this type of use.
P&Z Administrator Kurt Hibbert
mentioned you have to look at the type of use. If it is a doctor’s
office, it is regulated very specifically by square footage of the building. It is reviewed and controlled at
the site plan review to get a parking ratio based on use.
Council Member Young
thought the process has worked very well; however, there are still public
perceptions that the BILL is not entirely acceptable. He thinks it is a good BILL, and would like to
further educate the public so there isn’t a bad perception.
Raymond Hill
askedif a change could be required in a Conditional Use Permit request. Mayor Larsen
indicated that it would be a zone change request.
Kurt Hibbert
mentioned the BILL does not address accessory buildings. An attached garage is part of
the home.
Pat Hinton
asked if the zone follows the property. The zoning remains with the property, even if sold.
Commissioner David Stein
indicated that the Zone is needed to protect homes.
Mayor Larsen
indicated that the two ways to change perception are stories in the Standard Journal or
well done letters to the editor.
Council Member Fullmer
thought it was a good ordinance that has evolved over the past few months.
It can be tweaked in the future as needed.
rd
Council Member Fullmer
moved to pass BILL 939 and consider it 3 read; Council Member Erickson
seconded the motion.
Those voting aye: Those voting nay:
Farrell Young Donna Benfield
Nyle Fullmer
Rex Erickson
Irma Anderson
The motion carried.
Report on Projects: Public Works Director John Millar provided a list of proposed street projects
for next year.
Some projects are carried over from last year to next year’s budget. Millhollow Road
and Madison Ave, and the railroad crossing at Horkley’s have been added to the list for 2006. The canal
bridge on Barney Dairy Road is also in the budget for 2006, scheduled tentatively for next Fall. He
th
reviewed the budget for various projects. One of the proposed improvements would be on 7 South by
Gale Harding’s home. He will seek the help of the University on this budget item. He is looking for
concurrence from the City Council in January, 2006. The City has a new street paving tool called “The
Zipper” which will grind up old pavement to use as a new base for a new overlay. The City will be
using this equipment on small street projects to help save money on street projects.
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Council Member BenfieldJohn
asked about the Millhollow project. It has been very controversial.
Millar
indicated that the money was being set aside; however, the projects were not necessarily
approved. Mayor Larsen plans to have a neighborhood meeting with the Millhollow residents
concerning the Millhollow Road project.
Council Member Anderson
indicated that on Millhollow Road, parking needs to be straightened out.
Public Works Director John Millar
mentioned the water slide at Porter Park is still moving forward.
Health issues are being resolved and a layout is being drawn up.
Council Member Benfield
mentioned that the John Deere development complimented P&Z
Administrator Kurt Hibbert and Public Works Director John Millar for their help on the John Deere
project.
John Millar
mentioned the roundabout lights are only waiting for the electrician.
Mayor Larsen
mentioned the City lights “specifications” may be done with Utah Power soon. The City
would be given a lower rate (flat rate) for each light fixture without having to run a meter service.
Tabled Items
: Those items which have been the subject of an affirmative vote to a motion to table:
1.Resolution 2004-22
(Adoption of Vision 2020 Rexburg Comprehensive Plan Text – Tabled
November 03, 2004)
Old Business: - NONE
Mayor’s Report:
Council Meeting will be next Wednesday, December 21, at 5:30 at the Court House with Madison
County and Sugar City.
There will be an employee benefit dinner tomorrow night.
Adjournment
____________________________
Shawn Larsen, Mayor
_________________________
Blair D. Kay, City Clerk
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