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HomeMy WebLinkAboutCouncil Minutes - April 05, 2023 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 to review the Zone and Kidsburg Lease and alternative budget options. (video Index 0:02:02) Recreation Director Crowther reviewed the Zone/Kidsburg subsidy projections. There was a higher subsidy in years past. He said he has noticed a decline in the number of patrons purchasing Kidsburg passes over the years. Finance Officer Nielson said the $51,240 subsidy does not include the overhead costs. The subsidy including the overhead costs is closer to a $100,000 subsidy. As for the condition of the facility there are some items the city will need to replace: • A complete replacement of the Kidsburg flooring (2024 Capital Improvement Plan (CIP) request for $12,000) • New Feature Kidsburg Amenity (2025 CIP request for $10,000) • Deteriorating Wall for Indoor Turf Area Recreation Director Crowther reported on how to revamp the Recreation Department with the $51,240 subsidy. The chart below is a list of areas city staff would focus on. To provide all the programs listed, the Recreation Department would need to hire a full-time recreation coordinator. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x 2101 Fax: 208.359.3022 deborahl@rexburg.org www.rexburg.org City Council Minutes April 5, 2023 2 Discussion regarding the last game of the Boys Basketball Program, they put together a presentation for all the participants. The purpose of the presentation was to make the last game of the season memorable for the participants. They made posters and took pictures of the participants. He played a video of the presentation on the overhead screen. They played music, launched t-shirts into the crowd, and sprayed confetti. Recreation Director Crowther said he would like to keep the carousel open year-round. They will need to insulate the garage doors and add heaters to the building where the carousel is located to keep it open year- round. Council President Busby expressed his concerns with the age of the carousel and wearing down the carousel motor with the added use. Recreation Director Crowther reviewed the budget impact of the zone. He recommended the city terminate the lease agreement contract with the Development Workshop, Inc. Discussion regarding the storage or auction of the city’s equipment being used at the Zone. Some of the equipment includes, bleachers, basketball hoops, volleyball standards, etc. Council Member Johnson asked if Recreation Director Crowther has found alternative locations for the recreation programs they were holding at the Zone. Recreation Director Crowther said there is a possiblity the Madison School District will allow the use of one of their gyms for the volleyball leauge. He said he has not been able to find an alternate location for the indoor soccer league. Discussion regarding an alternative location for Kidsburg. Council Member Johnson expressed the important service Kidsburg provides for toddlers in the community. Council President Busby moved to approve to terminate the Lease Agreement with the Development Workshop, Inc as soon as possible; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. Council Member Flora suggested Kidsburg could be a revenue stream for Madison Cares. 6:30 P.M. City Hall (video index 0:02:36) Council Member Erickson said the prayer Council President Busby led the pledge Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Chambers, Council Member Erickson, Council Member Walker, Council President Busby, and Mayor Merrill. Public Comment: not scheduled on the agenda (limit 3 minutes); issues may be considered for discussion on a future agenda. Please keep comments on point and respectful. Staff Reports: (2:30:18) A. Public Works: - Keith Davidson 3 1. Approval for Spring Cleanup to be set as April 24th to May 15th, 2023 Public Works Director Davidson reviewed the proposed dates for the Spring Cleanup. Council Member Flora said there are residents who set out their Christmas Trees for pick up in December; however, the Street Crew covered the trees in snow when plowing the streets. She wondered if the crew picking up the bags of leaves and tree branches could also pick up the Christmas trees. Public Works Director Davidson said he would ask the Street Department to pick up the Christmas trees during the Spring Cleanup dates. Council Member Flora moved to approve to set the Spring Cleanup dates as April 24th to May 15th, 2023; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 2. Bid acceptance for Triplex Mowers for the golf courses Public Works Director Davidson reviewed the bids for the Triplex Mowers for the golf courses. Council Member Johnson moved to approve the low bid of $96,942.38 from Turf Equipment & Irrigation Inc. for the Triplex Mowers; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 3. Bid acceptance for Local Improvement District 52 (LID 52) construction Public Works Director Davidson reviewed the bids received for the Local Improvement District 52 (LID52) Construction. Public Works Director Davidson reviewed the engineer’s estimates and Edstrom Construction’s estimates of some of the items for LID 52. 4 Council President Busby moved to approve the low bid of $3,287,478 from Edstrom Construction for the Local Improvement District 52 (LID 52); Council Member Erikson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 4. Bid acceptance for 2023 Slurry Seal Public Works Director Davidson reviewed the bids he received for the 2023 Slurry Seal. Council President Busby expressed his concerns with the difference in the bid amounts. He asked if Asphalt Preservation has completed work for the city before. Public Works Director Davidson replied Asphalt Preservation has not completed work for the city. Council President Busby moved to approve the low bid of $135,520 from Asphalt Preservation for the 2023 Slurry Seal contingent upon city staff receiving fair references regarding the quality of work performed by Asphalt Preservation from other entities; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 5 5. Bid acceptance for 7th South Sidewalk Project Public Works Director Davidson reviewed the bids he received for the 7th South Sidewalk Project. The city received grant funds for this sidewalk project. Mayor Merrill expressed his concerns with the difference in the bid amounts and asked city staff to check with references on the quality of work performed by JM Concrete. Council Member Chambers moved to approve the low bid of $180,080 from JM Concrete for the 7th South Sidewalk Project; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 6. State/Local Agreement with the Local Highway Technical Assistance Council (LHTAC) for group projects A022(884) and A023(887) for signs at the intersections of 2nd West and 6th South as well as 2nd West and 5th South Public Works Director Davidson reviewed the estimated cost to fund the rapid flash signs at the intersections of 2nd West and 6th South as well as 2nd West and 5th South. Council President Busby moved to approve the State/Local Agreement with the Local Highway Technical Assistance Council (LHTAC) for group projects A022(884) and A023(887) for signs at the intersections of 2nd West and 6th South as well as 2nd West and 5th South; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 6 Public Hearing 6:30 P.M. regarding a proposed amendment to the Transportation Plan re-aligning the East Parkway Corridor from Sunrise Dr down past Millhollow Rd and S Hidden Valley Rd to Sunrise Dr past Autumn Dr to tie into East 7th South and adopt updated 2022 Madison County Transportation Plan designated as Resolution 2023 – 08 if motion passes – Keith Davidson (0:07:06) Public Works Director Davidson explained they adopted the original alignment of the East Parkway Corridor back on November 13, 2012. Representatives from Keller and Associates, Madison County, City of Rexburg, and Sugar City all gave input for the original corridor alignment. He reviewed a map showing the area of the proposed re-alignment. The re-alignment of the corridor correlates with existing water and sewer line placements. Public Works Director Davidson said the owners of the Founder’s Square subdivision desire to begin the second phase of their development. The plat for the second phase of the Founder’s Square subdivision aligns better with the proposed re-alignment of the corridor. The second phase of the Founder’s Square development is the driving force for considering the re-alignment of the corridor. Public Works Director Davidson said the city received a grant a year ago to update the city’s Transportation Master Plan. He is recommending the adoption of the updated 2022 Madison County Transportation Plan. Mayor Merrill asked about the cost savings with the realignment of the East Parkway Corridor. Public Works Director Davidson explained the re-alignment of the corridor is a shorter distance than the original alignment. The shorter distance would create cost savings. Council Member Chambers asked if 7th South is designated as an arterial road. Public Works Director Davidson replied yes, 7th South is designated as an arterial road. They have already built 7th South into a five- lane configuration road. Normally, they would not have built out 7th South into a five-lane configuration because traffic demand is low; however, in 2007 there was speculation the area would experience growth. The economic crash in 2008 halted the expected growth along 7th South. He said a three-lane road could handle the traffic demands currently on 7th South. Mayor Merrill opened the public hearing. 7 Public Testimony in favor of the proposal (5-minute limit): Greg Newkirk said he is a certified land use planner with four decades of experience. He is also a Geographic Information System professional. He has worked for the city and county government. He sees the proposal for the realignment of the East Parkway corridor as a wise decision; however, there are some issues with the entire Transportation Master Plan. The city produced a map in the 2011 Comprehensive Plan. In that Comprehensive Plan, there are preferred designated land uses, locations of where the city intends to build public parks and where the city intends to make major changes to the transportation network. He said he printed from the city’s website the 2023 Comprehensive Plan Map. Some of the information removed from the 2023 Comprehensive Plan Map were the proposed changes to the city’s transportation network, proposed roadways, and proposed locations for city parks; therefore, that map no longer qualifies under Idaho Code as a Comprehensive Plan Map, it qualifies only as a preferred land use map. Greg Newkirk explained the city could have separate transportation, sewer, water, parks, and recreation plans; however, the city must concatenate these plans into a single document. The city should have a map designated as the Comprehensive Plan Map; however, the city no longer has that type of map. The city has done some remarkable things with the Envision Madison Study. He said breaking the Comprehensive Plan apart and not putting the entire plan where a citizen can see the universal vision of the city on a single concise map, he considers that a failure on the city’s part. Greg Newkirk said on the city’s website he found the 2015 Transportation Plan and on page fifty of the 243 pages in the plan, he found a map that identified the location of proposed roadways. He feels as citizens, they should not need to go through that level of research to find these items. He believes the city is not following state law regarding the Comprehensive Plan Map; however, he is in favor of the East Parkway corridor re-alignment. Greg Newkirk expressed his concern regarding the effect the corridor will have on the surrounding neighborhoods. Some driveways face the proposed East Parkway corridor. There is a church across the street and most people in the neighborhood walk to the church. He believes a five-lane road configuration such as 7th South will not work because of the heavy pedestrian traffic surrounding the proposed corridor location. Mayor Merrill said the city’s Comprehensive Plan Map is outdated and city staff is currently working on the Comprehensive Plan Map update. Public Testimony neutral to the proposal (5-minute limit): Jon Johnson mentioned Madison County’s Transportation Plan has a projected population of 130,000 within thirty years, he believes that is a speculative number. In the last thirty years, the city has grown in population from about 25,000 to about 55,000. He said about 20,000 out of the 50,000 were students when Ricks College transitioned into BYU-Idaho University. The BYU-Idaho Administrators have indicated they are no longer going to build any more buildings. The student body population has plateaued; therefore, the city will not see an increase of 20,000 more students. The non-student population only grew by about thirty percent. He said if the non-student population were to grow another thirty percent, it would be an increase of about 8,000 instead of 50,000 with the student population. Mr. Johnson said he is concerned the city will build the road for the projected population increase that may never happen, such as, the 7th South Road. There is a possibility of a right of way choke point on the East Parkway corridor near the church. He wondered if there is a way to divert the road between the dry farm property and temple. The city will need right of way to build a five-lane road and he does not see enough right of way for the city not to have to resort to eminent domain on Sunrise Drive. Marc Sunderland said he is neutral on the point of the re-alignment of the East Parkway Corridor for the same reasons Mr. Newkirk is in favor of the re-alignment. For development purposes, the re-alignment makes sense to align infrastructure such as water and sewer lines under the road. He expressed his concerns with the traffic choke point near the church Mr. Johnson mentioned. To avoid the choke point, they would need to expand the road on Second East; however, there is a bog with a pump station. They 8 would have to use hundreds of thousands of cubic feet of rock to fill the bog to build out the road resorting to eminent domain to obtain right of way. There is a lot of pedestrian traffic near the church. Marc Sunderland mentioned he was part of the Envision Madison Study. One of the items that has yet to materialize is the high to medium density development near that section of the East Parkway corridor as indicated in the Envision Madison Study. He mentioned the possible issues the East Parkway corridor will create for the neighboring subdivisions. The corridor alignment west of the church was designed as a five-lane configuration and runs into the property owned by the Church of Jesus Christ of Latter-Day Saints. After passing the five-lane section of the corridor to connect to the road they would need to take out the front doors of the church to fit five lanes. To build the five-lane corridor down to the Founders Square subdivision they would take out the established sidewalk, curb, and gutter. He asked if someone proposed the realignment or was it in conjunction with a development that has yet to break ground. Mr. Sunderland said he is curious about the legality of this realignment because if there is no master plan to determine the next step. He asked what the process would be to move the section of the proposed corridor that is currently not an arterial road to 7th South. The city designed 7th South to be an arterial road and designed if for pedestrian foot traffic with multiple crosswalks to allow the passage of people through the main section of the road. Mr. Sunderland proposed moving the East Parkway corridor alignment to connect with 7th South and keep what is already arterial without the necessity of eminent domain. There are sections of undeveloped land where the city could align the East Parkway corridor and not affect the safety of hundreds of children living in the surrounding neighborhoods of the current East Parkway corridor alignment. He said there is loss of life at least once a year on 7th South which is his main concern with keeping the alignment of the corridor through these neighborhoods. Layne Moseley said his home is in the Founders Square Subdivision at the intersection of Sunrise Drive and Washington Boulevard. He measured how close his home is to the proposed arterial road. The north wall of his home is 32 feet from the road. He believes having the five-lane road 32 feet away from his home is ridiculous. The five-lane road will ruin the peaceful atmosphere of the location of his home and considers the five-lane road through these neighborhoods poor planning. The potential of having over 300 children living near the proposed five-lane road is ridiculous. Public Testimony opposed to the proposal (5-minute limit): Patrick Sullenger said he is opposed to the section of the East Parkway corridor going through the Founders Square Subdivision. He is opposed to any change to the East Parkway corridor in general. The city approved the East Parkway corridor in March of 2013. The projects, estimates and forecasts are incorrect; the area has not developed as they had originally planned. They thought there was going to be a lot of growth in Sugar City that growth has gone to other parts of the county and has not correlated with the corridor. He said the city making decisions off a 10-year-old plan is a set up for disaster because of the changes the city is experiencing. The Church of Jesus Christ of Latter-Day Saints has announced the building of the seventh largest temple on the north side of Rexburg with only a two-lane road coming from that area, they should consider that road in the Transportation Plan. Mr. Sullenger explained his driveway faces Second East and according to the city’s 2022 Master Transportation Plan there are requirements that his driveway needs to be set at a distance from an arterial road. The distance required depends on how Second East is classified; it could be 100 feet to 260 feet. His driveway is 80 feet from Second East; therefore, the city would deem his driveway unsafe. He questioned the proposed realignment of the corridor for an area that may take 10 years or more to develop. He urged City Council to vote nay to the realignment of the corridor and vote nay to anything involving the East Parkway corridor until there is an updated plan with growth projections, pedestrian safety and other concerns brought forward by residents living in the area. He said connecting Sugar City to Rexburg on the south side of the city should not be the focus. Ashley Sullenger said her primary concern with the East Parkway corridor is safety. Her home is near the smallest, narrowest, most utilized, and unsafe section of the corridor. She said Public Works Director Davidson informed her that there is only room for a five-foot wide sidewalk. Compared to 7th South which has wider sidewalks, numerous crosswalks, and traffic lights for pedestrian safety. She asked the city to implement pedestrian safety protocols and to have full funding in place before building the corridor. They currently have five-foot wide sidewalks and one stop sign. She believes not having pedestrian safety measures, the city is asking for pedestrian verses vehicle accidents and the possible loss of life. She asked the 9 Councilmembers not to wait for more traffic on that road before adding additional pedestrian safety measures. Jonathan Reed said his home is located on the interior portion of the Founders Square Subdivision. The pitch of the road coming up to Second East and then going down to Founders Square is almost severe causing suspension relief as their vehicle crosses over that intersection. The pitch of the road is steeper at the realignment section of the corridor. The steepness of the road causes visibility issues and vehicle traction issues during the winter months. He said if a driver lost control of their vehicle near where the road crests, the vehicle would come down the steep embankment and land in someone’s back yard. Mayor Merrill said there have been some references regarding eminent domain. The city does not have any plans to enforce eminent domain on the East Parkway corridor. Mckinley Molina said her main concern is the number of children walking in the surrounding neighborhoods. There is a large amount of traffic, especially in the morning hours of the day. She said she has seen many drivers not stop at the stop sign. There are pedestrian safety issues on Poleline and 7th South. There are concerns with the amount of speed vehicles travel on these roads and with motorists failing to stop at stop signs. After witnessing a fatal vehicle versus pedestrian accident, she knows people will never recover from witnessing the loss of life. There are many children walking to their bus stop and motorists are not respecting speed limits, stop signs, or bus stop signs. The repercussions of the East Parkway corridor could be devastating for multiple reasons. Katie Watson said she lives on Sunrise Drive with the only driveway backing into the East Parkway corridor. She purchased her home about 10 years ago and considered it her forever home. She later heard the city was proposing to build the East Parkway corridor near their home. Mrs. Watson said her home is only 32 feet away from the road and uses the road in front of her home for parking when hosting many guests. Her home’s driveway is short and cannot accommodate many vehicles. Mrs. Watson said realtors informed her the property value of her home will drop by about $120,000 if the city builds a five-lane road in front of her home. Somehow, the developer was able to build her home knowing that the corridor would take away property value from her home. As outlined in the 2022 Transportation Plan, her property does not meet any of the guidelines of a “corner clearance”, which is a safety mechanism for her to safely back out of her driveway and does not interfere with the function of the intersection. She said her house is 252 feet from the road; however, if the city builds the road into an arterial road the minimum distance from her house to the road is 380 feet. She reiterated the visibility issues Mr. Reed mentioned earlier. The city would be violating three safety issues if they built the road into an arterial road. When the city builds out the road, it will go up against her house. The city should not have allowed the builder to build her home. Council Member Flora asked Mrs. Watson for the year they built her home. Mrs. Watson replied they built her in 2013, two months after the approval of the East Parkway corridor. Nathan Watson reiterated his home is the only house that would back onto the proposed arterial road. The Comprehensive Plan Map does not indicate the plans the city has for the surrounding undeveloped property. He mentioned the pedestrian activity in the surrounding area. There are people using the road as a running and bicycling route. He also mentioned all the children in the neighborhoods using the road. There is a section of the proposed arterial road where it begins at about 90 feet wide and then narrows down to about 66 feet by the Cresthaven Church. The road widens to about 100 feet by the Founders Square Subdivision and then widens to about 130 feet near the undeveloped farmland. Mr. Watson said he is concerned the narrowest section of the road will create a choke point. He too believes the city should not have issued the permit to allow the building of his home. Mr. Watson mentioned the potential number of vehicles using the arterial road would be about 33 vehicles per minute. The potential through traffic using the neighborhood streets is also a concern. There are potential blind spots when the sun is rising and when it is setting. Lauren Moseley said she does not feel heard or respected by the city staff regarding her home and the safety of families and neighbors near the corridor. She said she had come to the public hearing to receive clear facts regarding the East Parkway corridor. She recommended the city complete a new study regarding the corridor before construction begins. The city has changed a lot since the last survey was completed. As a community of family and friends, they deserve better research before making such a huge decision that affects so many residents. She said her home is on the corner of Sunrise and Washington Boulevard in Founders Square and is 32 feet away from the corridor. Based on the 2022 Transportation Plan, her home should be at a minimum of 100 feet away from the corridor. A road next to her property is acceptable; however, a five-lane to seven-lane road is outside the realm of what she believes would be safe and responsible. 10 Serena Kugath explained that 10 years ago she was before the Councilmembers opposing the East Parkway corridor. As the Cresthaven HOA secretary, she had started a petition and collected 140 signatures from her neighborhood opposing the corridor. She urged the Councilmembers to listen to her concerns. The neighborhood has experienced much growth and the traffic has increased. During the winter, the road becomes very icy and difficult to drive up the hill portion of the road. She has witnessed many traffic accidents caused by icy roads. The BYU-Idaho students also use the road for parking. Mrs. Kugath asked about the purpose of the East Parkway corridor and wondered if the corridor is going to divert traffic from Second East. There is a possibility the area near the corridor would not see additional development; therefore, not warranting the building of the corridor. She asked the Councilmembers to vote nay to the East Parkway corridor. Mike Glasscock said the citizens of Rexburg need to protect the integrity and character of the existing neighborhoods. He mentioned he does not understand the reasons why the corridor needs to go into the proposed area. The city already having the right of way easement for the water and sewer lines is not a valid reason. Talmage Kugath said he has walked across Sunrise Drive to the church many times. The city building a five-lane road where a number of children and adults cross to get to the church does not seem logical to him. The incline of the road is unsafe as it is and building it into a five-lane road would make it more unsafe. The added traffic on a five-lane road would cause more danger for pedestrians. He asked the Councilmembers to reconsider the location of the East Parkway corridor. Corey Barnard said he has heard the only other reason for the realignment of the corridor is that the Founders Square Subdivision developers are beginning phase two of that subdivision. The location of the corridor is another example of a developer controlling the city officials, which is an occurrence he has witnessed over the last few years. He fears the Councilmembers will approve the location of the corridor because they approved the Transportation Master Plan 10 years ago with the corridor in that location. There have been requests by citizens to Councilmembers of not allowing high density in single-family residential neighborhoods. Yet the city has made many decisions opposite to the preservation of single-family neighborhoods. He urged the Councilmembers to change the location of the corridor to save the surrounding neighborhoods. Lanae Lindstrom expressed her concerns with the five-lane corridor due to the amount of pedestrian traffic going to the church and children walking from neighborhood to neighborhood. Sunrise Drive does not have sufficient safety precautions and there are many teenage drivers in these neighborhoods. The five- lane corridor will increase the speed limit causing additional pedestrian safety concerns. The realignment will cause a huge issue with potential traffic backups. She asked if the potential millions of dollars the corridor is going to cost, the city could instead spend the funds on repairing current roads. The city could also use the funds to build an additional road on the north side of town where the church is building the new temple. There are other projects where the city could allocate those funds. Robyn Easton said she does not need to be an engineer to understand there are issues with the location of the East Parkway corridor. She wondered why the city could not use Seventh South as the corridor where they had already built it out to a five-lane road. She asked for more planning on the city’s part regarding the location of the corridor. She expressed her concerns about the safety of her neighbors living next to the proposed corridor. Citizens do not desire the changes the corridor would cause to the neighborhood. Spence Sunderland said he is afraid of the potential pedestrian accidents the corridor would create. He cares deeply about his family, friends, and neighbors. He would feel saddened if any of them were to get hurt, especially if the corridor is not necessary. There is a possibility for irresponsible drivers to use the corridor as a speedway. He walks up and down Sunrise Drive in the summertime and noticed the narrowness of the sidewalks. He said he is afraid a vehicle will hit him when walking on the narrow sidewalks. Malachi Kugath said he received his driver’s license about a year ago and has already been in one car accident. He urged the Councilmembers to make the right decisions and to use the funds for the corridor to repair the potholes. The city could use the funds to build a new road for when the church builds the temple. He is almost 18 years old and knows he is not a professional; however, Mr. Newkirk is a professional, the city should consider his concerns. He has many young family members and does not desire any mistakes to happen that would hurt them. When lives are involved, he becomes emotional whether it is close family or neighbors. Mayor Merrill closed the public hearing. 11 Public Works Director Davidson clarified the city is not starting the construction of the corridor at this time. The building of the corridor would depend on growth and funding. Most of the conversation against the Transportation Master Plan that has the East Parkway corridor section verses the realignment of the corridor. There are two aspects regarding this public hearing and for the Councilmembers to consider. Council Member Johnson asked for clarification regarding the Transportation Master Plan update particularly the road that cuts directly through the Benfield property. She was under the impression that road was a concept idea; however, the road is still shown on the map in the Transportation Master Plan. Public Works Director Davidson said he does not recall the Councilmembers opposing the road connectivity through the Benfield’s property. City Attorney Zollinger clarified the Transportation Master Plan is a requirement by the state. The city’s Comprehensive Plan Map complies with the state statute; it may not be as detailed as plans from other cities. He said if the city does not show the proposed roads on the Transportation Plan and an individual seeks a building permit to build a home over the top of the proposed infrastructure, there is no recourse for the city. Rather than the city exercising eminent domain, the city lays out the maps based on expert opinion. Leaving a road on the Transportation Master Plan does not mean the city is going to build the road. When and if the location of a proposed road changes, the city desires to be prepared to not have to exercise eminent domain to obtain additional right of way. Sunrise Drive has been a proposed two-lane road for the last 31 years. The development of the surrounding area will be the driver of the expansion of the road to a seven-lane road for the overall safety of the community. The concerns brought forward today probably warrant a revisiting of the Transportation Plan. City Attorney Zollinger said the decision the Councilmembers are making tonight is the change to the alignment of the East Parkway Corridor and not a construction proposal. The city engages engineering services for traffic and transportation studies to avoid traffic issues such as the ones on Second East at the bridge, which constitutes bad engineering; the city is trying to avoid the same traffic issues with the East Parkway corridor. There might be a shared sediment that the Councilmembers do not make a decision until they have re-reviewed the entire corridor plan; however, the alignment of the corridor needs to be in place for the owner of the subdivision to plat the second phase of their subdivision. Mayor Merrill reiterated the Councilmembers are deciding on the realignment of the East Parkway corridor tonight and not deciding of whether to keep or remove the corridor from the proposed location. Discussion regarding when the construction on the East Parkway corridor would begin. Public Works Director Davidson said there is a section by the church that could begin in two years and about eight years for the Sunrise Drive section to begin construction. Mrs. Kugath asked why the city did not inform the surrounding property owners of the developer’s request to realign the corridor. City Attorney Zollinger clarified the developer did not request the realignment. The city’s Engineering Department is recommending the realignment of the corridor because the subdivision interfaces with the current alignment of the corridor and does not serve the best interest of the community. Mr. Newkirk said the map on the city’s website called the Comprehensive Plan Map is not a Comprehensive Plan Map; it is a preferred Land Use Map. The city has removed the elements that would make it a Comprehensive Plan Map. Engineers and attorneys should not drive the East Parkway corridor; the planning process should drive the location of the proposed corridor. The city’s Transportation Plan needs to be subservient to the city’s Comprehensive Map Plan. Mrs. Kugath said the East Parkway corridor does not only create traffic issues with Sunrise Drive; it also creates issues for the Founders Square Subdivision and if the Councilmembers approve the realignment, they are giving a stamp of approval to the East Parkway corridor. There are homes that will only be 32 feet away from the corridor. Council Member Flora stated as Councilmembers, they are listening and care about the citizens’ concerns regarding the East Parkway corridor. Everyone has made valid points. They have taken notes and they are willing to work with the citizens affected by the corridor; however, if they do not approve the realignment tonight, it does not change the fact there are homes 32 feet away from the road. The city is 12 trying to make the existing road better at a lesser cost. The construction of the corridor would remain in question. Council Member Chambers said the realignment of the road makes sense; however, the proposed designation of an arterial road does not make sense. The studies the engineering firm completed to designate the road as arterial should be redone. Council Member Erickson disclosed he spoke with Mrs. Molina, Bruce and Wendy Cook privately before the public hearing regarding pedestrian safety on Sunrise Drive. Council Member Flora moved to approve Resolution 2023 – 08 the re-aligning the East Parkway Corridor from Sunrise Drive down past Millhollow Road and S Hidden Valley Road to Sunrise Drive past Autumn Dr to tie into East 7th South with the stipulation to re-evaluate the concerns brought forward regarding the East Parkway corridor; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. Council Member Flora moved to table to adopt updated 2022 Madison County Transportation Plan to discuss in an open public meeting; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. City Attorney Zollinger clarified the city has approved the East Parkway corridor in the 2013 Transportation Plan. The city could reopen the feasibility study of the East Parkway corridor. Council President Busby asked the citizens to continue to be involved in the planning decisions the city is considering. Everyone seems to be involved when changes affect their neighborhood and not when changes affect the other parts of the community. Council Member Flora asked the citizens to subscribe to the City Council, and Planning and Zoning Meeting Agendas on the city’s website. City Clerk Lovejoy said once a citizen subscribes to receive the meeting agendas, the system automatically adds their email to the distribution list. Public Hearing 6:30 P.M. Resolution 2023 – 06 Impact Fee Changes – Matt Nielson Finance Officer Nielson reviewed the Impact Fee Changes for Parks only. 13 Mayor Merrill opened the public hearing. 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 Mayor Merrill closed the public hearing. Council Member Walker moved to approve Resolution 2023 – 06 Impact Fee Changes; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. Mayor’s Report: (2:43:10) Mayor Merrill reported on the Feature Forum with Lt. Governor Scott Bedke on April 12, 2023, starting at 11:00 am with a Business Table Displays & Networking – 12:00 pm Forum & Lunch at Madison Memorial Hospital. The Rexburg Tabernacle is hosting the Lamb of God on April 10th at 7:00 pm. The city will hold the Flow-Bor Day Event on May 17th at 4:00 pm to 6:00 pm, he asked for volunteers to come help plant flowers along Main Street. They are planning a separate Arbor Day Event this year because they are planting trees at Porter Park, and they are placing a memorial with the names of all the people that donated money for the new trees. On May 23rd the city is hosting the Eagle Park Cleanup Event from 5:00 pm to 7:00 pm. Items for Consideration: (2:48:42) A. City Staff recommendation to approve destruction of building plan hard copies that have been archived digitally in the City’s designated records archive system and grant financials and documentation from 1975 to 1995. Designated as Resolution 2023 – 07 if motion passes – Deborah Lovejoy Discussion: Council President Busby moved to approve Resolution 2023 – 07 the Destruction of Building Plan hard copies that have been archived digitally in the City’s designated records archive system; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 14 B. Planning and Zoning recommendation to approve Teton River Lofts Phase 1 Condo Plat located at 311 E Lorene St #22-00413 – Stephen Zollinger City Attorney Zollinger reviewed the Staff Report for the Teton River Lofts Phase 1 Condo Plat. Council Member Erickson expressed his concerns with the additional traffic on 7th North. Council Member Erickson moved to approve the Teton River Lofts Phase 1 Condo Plat located at 311 E Lorene Street; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. Calendared Bills: A. Second Reading: Those items which have been first read: NONE B. Third Reading: Those items which have been second read: NONE Mayor’s Business: (2:53:25) A. Proclamation 2023 – 02 Arbor Day as May 17, 2023 Council Member Flora read Proclamation 2023 – 02 Arbor Day as May 17, 2023. 15 PROCLAMATION No. 2023 – 02 2023 Arbor Day Proclamation WHEREAS: In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS: The holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS: Arbor Day is now observed throughout the nation and the world, and WHEREAS: Trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS: Trees are a renewable resource giving up paper, wood for our homes, fuel for our fires and countless other wood products, and WHEREAS: Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS: Trees, wherever they are planted, are a source of joy and spiritual renewal, NOW, THEREFORE: I, Jerry Merrill, Mayor of the City of Rexburg do hereby proclaim May 17, 2023, as Arbor Day in the City of Rexburg, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Further, I urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Rexburg to be affixed this 5th day of April in the year of our Lord two thousand twenty-three. APPROVED: _____________________________ SEAL Jerry Merrill MAYOR ATTEST: ______________________________ Deborah Lovejoy REXBURG CITY CLERK Council Member Walker moved to ratify Proclamation 2023 – 02 Arbor Day as May 17, 2023; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. B. Proclamation 2023 – 03 Fair Housing Month April 2023 Council President Busby read Proclamation 2023 – 03 Fair Housing Month April 2023 PROCLAMATION No. 2023 – 03 April 2023 Fair Housing Month Proclamation WHEREAS, April 2023 marks the 53rd anniversary of the passage of Title VIII of the Civil Rights Act of 1968, commonly known as the Federal Fair Housing Act; and WHEREAS, the Idaho Human Rights Commission Act has prohibited discrimination in housing since 1969; and WHEREAS, equal opportunity for all-regardless of race, color, religion, sex, disability, familial status or national origin-is a fundamental goal of our nation, state and city; and WHEREAS, equal access to housing is an important component of this goal-as fundamental as the right to equal education and employment; and 16 WHEREAS, housing is a critical component of family and community health and stability and WHEREAS, housing choice impacts our children’s access to education, our ability to seek and retain employment options, the cultural benefits we enjoy, the extent of our exposure to crime and drugs, and the quality of health care we receive in emergencies; and WHEREAS, the laws of this nation and our state seek to ensure such equality of choice for all transactions involving housing; and WHEREAS, ongoing education, outreach and monitoring are key to raising awareness of fair housing principles, practices, rights and responsibilities; and WHEREAS, only through continued cooperation, commitment and support of all Idahoans can barriers to fair housing be removed; NOW, THEREFORE: I, Jerry Merrill, Mayor of the City of Rexburg do hereby proclaim April 2023 to be FAIR HOUSING MONTH In the City of Rexburg, State of Idaho. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Rexburg to be affixed this 5 th day of April in the year of our Lord two thousand twenty-three. APPROVED: SEAL _____________________________ Jerry Merrill, Rexburg Mayor ATTEST: ______________________________ Deborah Lovejoy, Rexburg City Clerk Council President Busby moved to ratify Proclamation 2023 – 03 Fair Housing Month April 2023; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 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. (2:57:20) A. Minutes from March 15th & 29th , 2023 B. Approve the City of Rexburg Bills Council Member Walker moved to approve the Consent Calendar containing the minutes and city bills; Council Member Chambers seconded the motion; Mayor Merrill asked 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. 17 Roll call vote for motion to move into an Executive Session according to Idaho State Statute §74- 206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 72, Idaho Code §74-107(3) Records relating to the appraisal of real property, timber or mineral rights prior to its acquisition, sale or lease by a public agency Council President Busby moved to enter into an Executive Session according to Idaho State Statute §74-206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 72, Idaho Code §74-107(3) Records relating to the appraisal of real property, timber or mineral rights prior to its acquisition, sale or lease by a public agency; Council Member Erickson seconded the motion; Mayor Merrill asked a roll call vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. Executive Session started at 9:25 P.M. Executive Session Ended at 9:53 P.M. Adjournment 9:54 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy Clerk