HomeMy WebLinkAbout2007.12.19 CITY COUNCIL MINUTES
City Council Work Meeting
December 05, 2007
12 North Center blairk@rexburg.org Phone: 208.359.3020 x313
Rexburg, ID 83440 Fax: 208.359.3022
www.rexburg.org
December 05, 2007
Mayor Shawn Larsen
Council Members:
Donna Benfield – Council President
Farrell Young Christopher Mann
Rex Erickson Randy Schwendiman
Bart Stevens
City Staff:
Stephen Zollinger — City Attorney
Richard Horner – Finance Officer
John Millar — Public Works Director
Val Christensen – Building Official
Gary Leikness — Planning & Zoning Administrator
Blair Kay — City Clerk
1.5:00 – 7:00 P.M. – Work meeting with Joint Planners
(Cooper, Roberts, Simonsen Associates 700 North 200 West, SLC, UT)
Attending: Mayor Larsen, Randy Schwendiman, Christopher Mann, Rex W. Erickson,
Bart Stevens, Donna Benfield, G. Farrell Young, Winston Dyer, Mary Haley, Randall Porter,
Thaine Robinson, Dan Hanna, Michael Ricks, David Stein.
Showed overhead demo of other communities.
What do we want; how do we get there; how can we serve the public.
April’s notes
Discussion on road widths to encourage slower traffic. Mayor Larsen said the City needs an updated
Comprehensive Plan and a Development Code to match the comp plan. Ribbon curbing was reviewed as
a positive method to put an edge on the pavement which lets storm water run off the roads.
Mixed use was discussed for downtown Rexburg. Main Street needs a Landscaped median. Tom
Hudson’s report was mentioned for improving the downtown area. They discussed creating a
destination community.
2.7:00 P.M. – Pledge to the Flag
3.Roll Call of Council Members: all present
Mayor Larsen welcomed the scouts and they introduced themselves.
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4.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.
A.Minutes from November 28, 2007 meeting.
B.December 05, 2007 meeting canceled for the lack of a quorum.
C. Approve the City of Rexburg Bills.
Council Member Young moved to approve the consent calendar; Council Member Erickson seconded the motion;
all voted aye, none opposed. The motion carried.
5.Public Comment: on issues not scheduled on the agenda (limit 3 minutes) – Paul Pugmire and Glen Pond
were recognized as past Council Members.
Paul Pugmire presented a proposal for an interest in acquiring the junior high property for development
into a mixed use development. More details will be brought forward at a later date.
Council Member Erickson asked for more information. Paul Pugmire explained they do not own the land. The
development will be explored when the school district makes a decision to dispose of the property.
At this point it is a development written with a pencil in sand.
6.Presentations:
A.Service Awards for Council President Benfield & Council Member Young
Mayor Larsen presented Council President Benfield & Council Member Young with service award plaques for their
service to the community. He read the plaques to the recipients.
Donna said it was a wonderful experience for the past eight years. It has been a wonderful opportunity.
Farrell said how much he appreciated serving in the Rexburg Community. He felt he has grown up with the
community. He has learned many things about life, love and service in his Council positions.
7.Committee Liaison Assignments for 2007:
A. Council Member Chris Mann Parks & Recreation· Museum Committee· Romance Theatre Committee
Parks met nothing to report. Museum met painting etc. is done it will be very nice. Romance committee
met tonight. It will be a great new year with the committees. Mayor Larsen Megan Heaven Janet and Jo
Eskabare to the Romance Theatre Committee; Council Member Mann moved and Donna seconded to
ratify those appointments.
Swimming Pool meeting on January 10, 2007 at 7:00 P.M.to discuss the type of pool.
B. Council Member Donna Benfield Beautification Committee· Police Department
Several car burglaries have been salved. Crimes are solved at about a 50% level.
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C. Council Member Rex Erickson Airport Board· Planning & Zoning – Nothing to report.
D. Council Member Randy Schwendiman Golf Board· Traffic & Safety· Emergency Services Board
Crosswalk is being upgraded with new lighting. The snow building crosswalk has been fixed.
Mayor Larsen said the crosswalk enforcement has been stepped up.
E. Council Member Farrell Young Tabernacle Committee· Rexburg Arts Council
Handicap ramp at the tabernacle is at a stand still until spring.
Donna said the chamber gets calls all the time if there is handicap accessibility at the tabernacle. The
Arts Council is functioning very well.
F. Council Member Bart Stevens Trails of Madison County· IBC Committee· School Board
New building codes in process to International Code 2006. Trails is moving forward with ads to get info
from the public for the trails system.
G. Mayor Larsen Mayor’s Youth Advisory Board· Legacy Flight Museum Nothing to report.
8.Public Hearings:
A.7:00 P.M. Rexburg Urban Renewal Plan (South Arterial area) – The Development Company
Glen Pond presented Joseph west Armbruster, Mann, etc he gave an oversight on the Urban Renewal District on
the south end of town. He reviewed the proposed Rexburg South Urban Renewal District to the City Council.
They have authorized a study for an urban renewal district on the south (University) urban renewal district.
Richard Smith representing BYU-I is notifying the city the University is in full support of the urban
renewal project.
Those in favor
Those neutral
Those in opposition
Mayor Larsen Closed the public hearing.
Mayor Larsen opened the public hearing for testimony.
B.7:20 P.M. Vacations of portions of Fourth South (East Viking Drive & West Viking Drive)
street interior to BYU-I together with that portion of South Center Street interior to BYU-I to
be abandoned and vacated.
City Attorney Zollinger explained the proposal on the overhead screen. It is city streets that dead-end into
University property. It would turn the maintenance of the streets over to the University. It would allow the
University to maintain building entry from those streets. Mayor Larsen mentioned other areas that may be
exchanged for this proposal. City Attorney Zollinger gave some examples of other property the University has
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donated through property exchange or right-of-way donation to the city. Examples are a holding pond and 7
South.
Those in favor:
Richard Smith representing BYU-I said the University is in support of the proposal as presented.
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Those neutral: None
Those opposed: None
Council Member Young asked if it was a formal written request. Richard Smith said the University did ask in
writing next spring.
Council Member Moved to vacate to the University the property as presented; Council Member Benfield
seconded the motion; all voted aye, none opposed. The motion carried.
C.7:40 P.M. Annexation of properties approximately 93.105 acres of land north of
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Teton Lakes Golf Course at approximately 1150 North on 12 West on the east side of
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the 12 West – Curtis Ferney
Brad Harker representing Curtis Ferney (Developer) reviewed the proposal on the overhead screen. They are
proposing to zone the property RR2 (this would change the portion against Hwy 20 from a proposed LDR1 to
RR2). They are trying to work with the neighbors and the city to make it a nice development. An existing
subdivision on the property will remain zoned RR1.
Mayor Larsen recorded for the record some letters opposed to LDR1.
Ted Hendricks 941 Larch Drive reiterated the neighbors approval of the annexation with the zoning being
changed from
Joan 1003 Larch Drive read a statement that RR2 was acceptable per a prior agreement with Curtis Ferney. She
thanked the city for
Doing careful planning. Rexburg is a wonderful place to live.
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Dan Hanna 852 East 7 North ??? wanted to defend his motion the owner has a aright to ask for annexation also
the developer would extend services to this area. He mentioned ground water nitrates are increasing in the aera.
Council Member Erickson asked about the motion; Dan mentioned LDR1 had conditions so RR2 was agreeable
to him and others. Rex asked about the water rights. Dan said it was intended by the commission to have the water
rights transferred to the city.
Those neutral:
Jordan Busby Hibbard School Principal read a letter from Dr. Thomas. (get letter)
He spoke of the capacity of Hibbard Elementary. The area is growing with 58 to 65 families coming soon.
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Mike Ricks 901 South 5 West Planner voted nay in the Planning Commission.
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Those opposed to the proposal:
Michael Taylor on Robison Drive was apposed to the development. The proposal is not near Rexburg except for
the golf course. The city does not have to approve the proposal. The community is defined as Hibbard. They have
a sense of community. The proposal does not have any connectivity to Rexburg. He mentioned the existing
barriers of Hwy 20 and the Teton River. Isn’t Rexburg big enough already? Rexburg can accommodate all the
proposed growth by infilling Rexburg.
Maria Nate Farris Lane referred to the Comprehensive Plan which encourages compact growth. Is this developer
driven or driven by planning. She did not feel it was the right time to develop this property into the City of
Rexburg. She did not feel this proposal fit the Comprehensive Plan. She was concerned with the traffic issues and
she mentioned the bad intersection at Pioneer Road. She is opposed to the annexation.
Mathew Wollery Farris Lane referred to community meetings in Hibbard. He was pleased with the community
involvement in Hibbard to discuss the growth issues in their community meetings. Should this land be annexed?
He is opposed to the annexation.
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Jerry Engstrom 750 North 12 West asked why the sense of urgency to develop this property. He wanted to have
more attention paid to the infrastructure (roads, and wetlands) in the area. He was concerned with open space and
recreation areas for the residents. He is opposed to the annexation.
Brian Dabell addressed issues of traffic, schools, and setting precedents. The Comprehensive Plan did not address
this property as a growth area in the next 20 years. Long term planning does not have skewed planning.
Rachael Wollery Farris Lane referred to a lack of RR2 Zoning in this area. Cities need to maximize space because
of the cost of infrastructure. She lives on a one acre lot. She did not think it was cost effective to have the city
finance the extension of city services to this area 1 ½ miles from the nearest area of the city. She was concerned
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with the additional traffic on North 12 West due to the lack of funding. She was concerned with the lack of open
space in the proposed development.
Rebuttal:
List: School issues – He mentioned absorb ion takes time to sell. They will grow with the project.
Comprehensive Plan: Growth on the west side of Rexburg fits the County’s growth plan. Density decereases as
you move away from the city.
Density: Traffic and other growth issues will happen either way.
Open space: Saddle Creek Estates has open space with two ponds. They are planning parks for the subdivision to
tie into the golf course for a buffer zone between the hwy and the golf course.
He reiterated in terms of traffic growth was considered when the golf course was developed. Water is not available
for large lots due to environmental concerns. The LDS Church has chosen BYU-I in Rexburg for expansion. They
have plans to do the development right within the realms of reasonable. They will cooperate to make it a
subdivision desired by the community.
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Mayor Larsen explained the city does not have any jurisdiction over school impact fees. Council Member Stevens
said taxes are the only method for the schools to get additional revenue.
Mayor Larsen closed the public hearing testimony.
Council Member Mann wanted to protect the ground water from additional septic systems near Rexburg.
Council Member Young asked for input on the water for the subdivision.
City Attorney Zollinger explained the city does not provide water for sprinkling yards.
Council Member Young asked about reports from the Health Department on ground water contamination in this
area.
County Commissioner Robison explained the nitrate problem comes from other sources besides septic systems.
DEQ is starting to have more control on developments near central sewer systems.
Public Works Director Millar reviewed future plans for the expansion of city services. The current impact area
was approved by the county in 2003 or 2004. The city is looking for long term plans to provide service to this area
north and west of Rexburg by installing a new pressure main line. He reviewed existing water and waste water lines
that serve properties west and north of the city.
Council Member Young asked how the cost for extending infrastructure to this area would be split with the
developer. John said they pay for their needs and the city pays for the additional capacity. The city can recoup
Costs on the lines as new customers connect to the line. Council Member Young asked if adjoining residents would
be required to connect to city services if the lines become available. John said only waste water would be an issue.
Water can be connected to the city as requested; not forced.
Rex asked some questions
Rex asked about the property for a school and a park.
Continued rebuttal:
Brad Harker, the developer would have to review the numbers. A development containing 100 homes is required
to make land available for a park in Rexburg. Zoning and water rights was a concern to Council Member Erickson.
The benefits to the city are a question? (Listen to tape)
Discussion on the difference between RR1 and RR2.
Planning and Zoning Administrator Leikness referred to a Planned Unit Development as an option. A PUD
Ordinance would allow clustering in RR1 with open space. It is a tool allowed in RR1 and RR2.
Rex (listen to tape)
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Council Member Mann asked for a vote due to the coming changes in the City Council.
Mayor Larsen reviewed the Impact Area and the growth plans for the City of Rexburg. It is a challenge to grow
into an area that has existing wells and septic systems. The county standards are different than the city’s.
Council Member Schwendiman reviewed the proposed zoning for the proposal for RR2 Zoning.
Council Member Benfield noted the environmental issues; however, the open space, water and waste water seems
positive. The plan would be developed and approved through Planning and Zoning for the development of the
property.
Council Member Erickson would vote aye if certain conditions were applied including open space, etc.
City Attorney Zollinger explained this is a land use decision tonight; not a development decision.
Council Member Stevens commented development decisions are made in the development phase.
Mayor Larsen explained the city does receive benefits through Impact Fees for Parks, Fire Department, …..
Council Member Mann moved to approve the annexation as RR1 for Pine Brook Division 1 and RR2 for the
remaining land with Planning taking care of the development questions. Council Member Stevens seconded the
motion; Discussion: Stevens was concerned with RR1 without sidewalks and RR2 with sidewalks. Who will
Plow the street for snow in the RR1 section. The city will be responsible to plow the street after annexation.
Council Member Young will not support the annexation.
Those in favor all except farrell.
The motion carried.
9.New Business:
Ratify Golf Board member – Dan Kettle
A.
Trent Chicos moved by randy rex seconded all voted aye
10.Staff Reports:
A.Public Works report on Projects: John Millar
ndnd
John informed the City Council on the corner of 2 South and 2 East concerning traffic issues. Traffic counts in
August, 2007 (get map)
From 7:45 to 8:05 and 3:00 and 5:00 is very busy.
4 way stop does not look good at this time. More traffic counts needed
Project for the upcoming year were reviewed.
Waste water treatment plant project
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B.Financial Officer Report: Richard Horner
1.Monthly Budget summaries
Richard passed out the final 2007 Fiscal Year report including two months in the 2008 Budget.
Rex moved randy seconded all voted aye ……………….
11.Calendared Bills and Tabled Items:
A.
BILL Introductions: - NONE
B.
First Reading: Those items which are being introduced for first reading.
1.BILL No. 995 International Building Code (IBC 2006) which includes the International
Residential Code (IRC); International Mechanical Code (IMC); International Fuel Gas Code (IFGC);
International Energy Conservation Code (IECC); Uniform Plumbing Code (UPC); and the National
Electric Code (NEC2008).
Val reviewed the reason to upgrade the code from 2003 to 2006 as required by the State of Idaho. Contractors
were invited to training on changes to the code. The residential code had most of the changes for crawl space
requirements etc. They met with the Upper Valley Contractors Association last month to review the changes.
He asked to suspend the rules to adopt the new code.
Council Member Stevens moved to suspend the rules; Council Member Erickson seconded the motion; roll call all
aye
Council Member Erickson moved to approve BILL 995; Council Member Schwendiman seconded the motion;
Discussion: Council Member Benfield asked what would happen if the code is not adopted tonight. IBC 2003
would end December 31, 2007 by State Law. The city would be without a code.
All voted aye, the motion carried.
2.BILL No. 996 South Arterial Urban Renewal Plan
Mann was in support.
Mayor Larsen said this is an opportunity to develop infrastructure in this area.
Council Member Erickson said it was necessary to waive the rules.
Council Member Mann moved to waive the rules; Council Member Erickson seconded the motion.
Roll call vote: all voted aye
The motion carried.
Council Member Erickson moved to third read and adopt Bill 996; Council Member Schwendiman seconded the
motion; all voted aye. None opposed. The motion carried.
3.BILL No. 997 International Fire Code (IFC)
Chris Huskinson from the Fire Department presented BILL 997. It has a couple of new changes; fire
suppression sprinkler systems are not required in three and four unit buildings.
Council Member Stevens moved to suspend the rules; Council Member Mannseconded the motion; roll call
vote all aye
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Council Member Schwendiman moved Benfield seconded all aye motion carried.
C.
Second Reading: Those items which have been first read. - NONE
D.
Third Reading: Those items which have been second read. - NONE
12.Tabled Items: Those items which have been the subject of an affirmative vote to a motion
to table: - NONE
13.Old Business:
A.Resolution 2007 – 14 Providing culinary water to developing or annex areas to or within
the City of Rexburg.
Mayor Larsen introduced the resolution;
Council Member Erickson moved to accept Resolution 2007-14; Council Member Schwendiman seconded
the motion; Discussion: This is triggered on development not annexation.
All voted aye, none opposed. The motion carried.
14.Mayor’s Report:
Conduct deliberations concerning
15.Executive Session: Pursuant to State Statute 67-2345(1C)
a
Labor Contract
Council Member Young moved to go into executive session; Council Member Mann seconded the motion;
roll call vote; all voted aye the motion carried.
Executive Session
Executive Session Ended
The City Council discussed the “Golf Course Management Agreement” negotiated between the owners (City of
Rexburg and Madison County) and JDM Management of Rexburg, Idaho. After reviewing the terms of the
contract with the City Council, Mayor Larsen asked the City Council to ratify the contract.
Council Member Mann moved to approve and ratify the “Golf Course Management Agreement” with JDM
Management of Rexburg for a period of time from January 01, 2008 to December 31, 2013, subject to the
termination provisions of paragraph 6; Council Member Schwendiman seconded the motion; all voted aye, none
opposed. The motion carried.
Adjournment
____________________________
Shawn Larsen
Mayor
Attest:
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_________________________
Blair Kay
City Clerk
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