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HomeMy WebLinkAbout2012.06.06 CITY COUNCIL MINUTES1 June 06, 2012 Mayor Richard Woodland Council Members: Christopher Mann Jordan Busby Donna Benfield Jerry Merrill Bruce Sutherland Sally Smith City Staff: Stephen Zollinger – City Attorney Richard Horner – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk 7:00 P.M. City Hall – Pledge to the Flag Mayor Woodland welcomed everyone to the meeting. Roll Call of Council Members: Attending: Council President Mann, Council Member Benfield, Council Member Sutherland, Council Member Merrill, Council Member Smith and Mayor Woodland. Council Member Busby asked to be excused. Rexburg Scouts led the Pledge to the Flag. Trent Gunderson said the prayer. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) – NONE A. Presentations: Rexburg Nature Park – Madison High School Students asked to be deferred. B. Rexburg Skate Park – Madison High School Students asked to be deferred. C. Julie Potter will receive a plaque for her excellent service as the Chairman for the Mayor’s Youth Advisory Board (MYAB) for the 2011-12 school year. Mayor Woodland and Council President Mann presented Julie Potter with a plaque for a wonderful job as the MYAB Chairman. They will have a closing social tomorrow night. D. Legislative Tour proposed for September, 2013 – Chamber of Commerce – Hyrum Erickson Hyrum Erickson at 344 Maple, President of the Rexburg Area Chamber of Commerce explained the proposal to host the 2013 Legislative Tour. In September of 2013 Rexburg will host state legislators from around the state. They will gather in Rexburg for three days, and Rexburg will have the opportunity to showcase the community and the specific concerns and issues that are impacted by state legislation. It will allow the legislators to see and understand Rexburg. It’s a yearly event hosted in Twin Falls, Pocatello, and Idaho Falls for this side of the state. The Rexburg Chamber agreed to host the event. The chamber will have to pay for travel and miscellaneous expenses; he reviewed the costs to put on the event. The funding request is for $10,000 from the City of Rexburg. Mr. Erickson explained the reasoning to demonstrate the reality of the growth in the Rexburg community. Discussion continued on planning for the event. Council Member Sutherland suggested having the University’s involvement in the event. They plan to approach other entities to help with funding, including governmental entities. It will cost between $30,000 and $40,000 for the event. They will meet with the county at the end of the month to seek an additional $10,000. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x2313 Fax: 208.359.3022 blairk@rexburg.org www.rexburg.org City Council Meeting June 06, 2012 2 Council Member Benfield recused herself from the discussion or voting on the request because she works for the Chamber of Commerce as the executive director, and she would benefit from the event. Council President Mann proposed to break up the expenses over three years. Council Member Merrill asked when the money would be needed. Mr. Erickson said the checks would need to be available six months before the event. Mr. Erickson appreciates the council’s participation and believes they have a unique perspective of the city. Council Member Smith said it would be wonderful to showcase the community. It is an opportunity for the city. Council Member Sutherland said it would be extremely beneficial for the community. It represents a unified front to show how important issues voted on in the legislature affect the community. Council President Mann said it makes a lot of sense to have it in Senator Brent Hill’s community. Council Member Sutherland said the donation is for the benefit of the community. The county’s decision should be a separate decision. Council Member Merrill agreed it would be a good way to showcase the community. May 30, 2012 Dear Madison County Commissioners and Rexburg City Council Members, We are writing to request that Madison County and the City of Rexburg each contribute $10,000 towards the 2013 Legislative Tour. In September 2013, the Rexburg Area Chamber of Commerce will host East Idaho’s Legislative Tour. Legislators from all parts of Idaho will gather in Rexburg for three days to learn about and experience the area. Each year, prior to Idaho’s legislative session in Boise, state legislators are invited to gather for a tour of a specific part of the state. In even number years, the tour is hosted by chambers in North Idaho and in odd number years, by chambers in East Idaho. The tour has rotated between Twin Falls, Idaho Falls and Pocatello. The Rexburg Chamber was invited to host the tour in 2013 and was happy to agree. Idaho has a total of 105 legislators and in the past about 60-80 have participated in the tours in Idaho Falls and Pocatello. Having this number of Idaho lawmakers here to learn about our area is a very unique opportunity. It gives us an opportunity to introduce Rexburg and Madison County to state lawmakers, many of whom have never been here. It gives us an opportunity to explain the exceptional growth we have experienced in the last decade and why we expect that growth to continue. The Legislative Tour will also allow us to explain some of the most important issues facing our area. As just one example, in the long term, recharging the Snake River Plain Aquifer is of vital importance to our area. We are planning to take the legislators to view an area where water is being used to recharge the aquifer and explain its importance to the entire state. We understand that taxpayers’ funds are not to be used lightly and that you have a responsibility to see that they are used wisely. We believe that this is a unique opportunity and that the long term value to our community justifies the requested contribution. The Tour is expensive. The bulk of the expense is in paying for the travel and lodging of the legislators. There are also expenses related to the various events and tours we will host. Regardless of your decision regarding a contribution, we believe that the participation and support of Madison County and Rexburg are vital to the success of our tour. We would appreciate your input as we plan the tour. We are in the early stages of planning, and when we schedule our next planning meeting, will let you know. We would appreciate your participation and suggestions. If you have any questions or suggestions, please feel free to contact any of us at any time. Sincerely, Brad Wolfe – President Hyrum Erickson – President Elect Donna Benfield – Executive Director Rexburg Area Chamber of Commerce Council President Mann moved to participate and support the 2013 Legislative Tour and pledge $10,000 in the most feasible way the city budget will allow; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Council Member Benfield abstained. Those voting aye Those voting nay Council President Mann None 3 Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. E. Recycling Project Report – BYU-I (Eric Conrad, Zach Kelley) Eric Conrad at 1030 South 2nd East, Director of Physical Facilities at BYU-Idaho, reported on phase two of the recycling project in Rexburg. The idea was presented to the city about six months ago. To better utilize the BYU-I recycling center equipment and space, they proposed a three phase approach to start a recycling program, in Rexburg. Phase one took place in February and March, and consisted of collecting and weighing the garbage from Cresthaven and Hidden Valley Subdivisions. Phase two took place in April and May, and garbage and recyclable goods were collected from the same subdivisions. Hidden Valley had a 23% recycle rate, and Cresthaven had a 25% recycle rate over a two month trial. He reviewed how cost effective the program would be if every home recycled. Note: This represents 1/3 of the possible recycling income in all of Rexburg. This does not include multi-family homes and commercial businesses. Eric Conrad said the revenues earned from the recycled goods will be enough to pay the eighty BYU-I students who sort the goods. The city will save $39,000 a year by not having to dump as much at the dump station, which would lower the $60.00 tipping fee per ton, which will be going up. It will save the rate payers across the city. Residents could possibly go from a weekly pickup to a biweekly pickup for garbage. The city could save $90,000 in residential garbage per year. He asked the city to help fund a new baler, which will allow them to move into phase three of the recycling program. The new baler will allow them to send the recycled goods oversea to make more money. The baler would cost $84,000 over ten years. He asked for permission to proceed with phase three of the recycling program, which will consist of marketing, educating the public, gaining participation and evaluating the data. Officer Horner provided a best and worst case scenario which showed a net saving to the city to go to phase three. It would be amortized over 15 years. Sticker on Recycling Bins Brochure The Partnership No. of Homes in Rexburg Avg. lbs. per Home Total lbs. Total Tons Saved Weekly Saved Annually 2,398 10.6 25,418.8 12.7 $762.56 $39,653 4 BYU-Idaho’s Responsibilities Labor Material Transportation Capital Equipment: Garbage Truck, Forklift, Conveyor System, Backhoe and Wire Stripper Administration Marketing City of Rexburg’s Responsibilities Donate raw materials Provide blue curbside bins to residents Fund Baler purchase every 10 years ($84,000) Marketing and Education Marketing & Education (Three Goals) Marketing Plan: June 7th – June 15th 1. Accessibility Solved with Curbside Bins Interpret Survey Results Focus Group 2. Participation Incentive Program Educating the Public School Programs 3. Purity Fridge Magnets Stickers on Recycling Bins Marketing Plan: June 18th – June 30th Finalize and Print Brochures Door to Door Campaign Print Magnets Resident Guidelines Public Works Director Millar said it would take an additional $80,000 to buy the blue recycling containers. Council President Mann asked if there were any grants available to go green as a community. Mayor Woodland said his neighborhood was excited to participate in the recycling program study. There will be no charge for the blue recycling bins. All of the recycling goods need to be donated. Council Member Sutherland summarized the costs at about $170,000, which the city has available for the program. The multifamily apartments will use a dumpster that has been painted blue for recycling. Council Member Benfield said the constituents in Rexburg have wanted to do this program over the years. She believes it’s a wise thing to do. Finance Officer Horner said there would be a charge to residents if BYU-I was not involved. Council Member Benfield moved to approve the third phase to purchase what is necessary, the blue recycling containers and baler; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Committee Liaison Assignments for 2012: A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB Council President Mann reported the Golf Board met last night. It was a good meeting with discussion on revenue and the condition of the golf course. They are holding their own with the economic downturn. Everything came out fine with the budget analysis. Emergency Services does not have any new issues. MYAB continues to have events; they’ve been selling concessions at the Romance Theatre. They had a teen closing event the last day of school, May 25th. Tomorrow night is the closing social for MYAB. They will continue to meet during the summer. He thanked Amanda Saurey and the Mayor for their help with the MYAB, it was a successful year. B. Council Member Jordan Busby: GIS Oversight · Airport Board Council Member Busby was excused. 5 C. Council Member Donna Benfield: Trails of Madison County · IBC · Teton Flood Museum Committee · M.E.P.I. Council Member Benfield reported Trails of Madison County and the Teton Flood Museum Committees have not met. The Teton Flood Museum issued half price tickets June 5th to commemorate the anniversary of the flood. MEPI had a great meeting on Monday, and decided their next meeting will be in September. D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle Civic Center, Orchestra) Council Member Smith reported on the upcoming air show June 16th, starting at 9:00 a.m. Rexburg Arts Council met, the new Tabernacle windows will be installed next week. Wednesday June 13th is the Orchestra Concert. Ronalee Flansburg will be reporting on the Spanish Dancers. RonaLee Flansburg at 304 East 1st North in Teton, Idaho thanked the city on behalf of the Tradiciones, the Spanish Dancers, for their support. May was a busy month for the dancers; they danced at an LDS function and many school functions. She reviewed the budget and the estimated expenses for the dancers. They would like two Mariachi instruments to have live music. They are working on a grant through the National Endowment for the Arts (NEA) for $10,000. NEA is interested in the live music, and she believes this would make them more eligible for the grant. The grant would take care of the costumes, instruments, directors, and the dance instructor. She asked for continued support in sponsoring the group of dancers. They have enough money to last until October, and they have private individuals willing to pledge money. Tradiciones 2011-2012 (Total Revenues $2,407.00) $65.00 donation - Catholic Church $186.00 donation - Catholic Church $400.00 donation - Idaho Falls performance $600.00 shoes - Madison Cares $200.00 fabric - Private donation $106.00 black pants - Private donation $100.00 lace - Private donation $750.00 - Private donation 2011-2012 (Total Expenses $2,467.00) $1,125 - Salary for instructor $297.00 - Sombreros and ties $870.00 - Dance skirts $150.00 - Costume rental from BYU-I 2012-2013 (Estimated Expenses) $1,500.00 - Salary for instructor $600.00 - Instruments for Mariachi (Guitarron and Viheula) $1,500.00 - $3,000.00 - Costumes Council Member Smith asked about participation. Ms. Flansburg said there are about 30 dancers ranging from middle school age to college age. The dancers mainly need a place to rehearse. They plan to perform four numbers at the Farmers Market on Friday at 6:30 p.m. Council Member Benfield asked them to participate in the street dance festival. E. Council Member Jerry Merrill: Beautification Committee · Parks & Recreation · Traffic & Safety · Urban Renewal Agency 6 Council Member Merrill reported the Recreation Committee held the opening for Rexburg Rapids. The carousel, in Porter Park, opened on Memorial Day. The admissions are ahead of the last two seasons. The summer recreation activities are in full swing, except for swimming which will begin June 18th. The Teton Dam Marathon will be held this Saturday, June 9th. There will be seven to eight hundred people participating in the marathon. The Traffic and Safety Committee is concerned with street lighting west of the roundabout on 4th South. The 7th South traffic light does not sense a car unless the car is pulled up to the crosswalk. Public Works Director Millar said it may be a contrast issue; however, they will check into it. Council Member Merrill asked if booting and towing could be suspended during the dance festival. He indicated the booting is done on private property. Mayor Woodland said it is hard to control issues on private property. City Attorney Zollinger said booting gets referred back to the property owner and the University for moderating the complaint. F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police Council Member Sutherland reported the Teton “Dam” Marathon is appropriately named to run that distance. Planning and Zoning has proposals on the agenda tonight. The Madison School Board is reviewing the portable class rooms in use by Conditional Use Permits for the city. Things are well at the Police Department. Public Hearing: NONE Items for Consideration: A. Conditional Use Permit – 51 South 1st East, to allow zero percent commercial in Mixed Use 2(MU2), and to take advantage of a lowered number of parking spaces from 100 percent required parking to 48 percent through the use of the Pedestrian Emphasis Zone (PEZ) Ordinance No. 1021. Mayor Woodland reviewed the proposal for a Conditional Use Permit at 51 South 1st East. Ryan Lerwill at 1216 Stocks Avenue, representing Run Hard, LLC reviewed the proposal. They reviewed the 20 points of detail in the PEZ overlay. They believe the city staff can answer any questions on the proposal. It was unanimously recommended for approval by the Planning and Zoning Commission. They are willing to comply with all conditions recommended by Planning and Zoning. Council Member Merrill reviewed the concerns of neighbors about the façade on a portion of the exterior of the building. Mr. Lerwill said the wall will be completely taken care of by their development. Council Member Merrill asked about parking for the tenants. All of those questions were addressed in the Planning and Zoning meeting. The City Attorney will review all of their parking contracts. He reviewed the parking locations for the development on the overhead screen. All parking will be in the rear of the structure. They hope the University will provide oversight of the facility to comply with University standards. Council Member Mann asked why they are asking for zero commercial. Mr. Lerwill said there is a conflict with a Mixed Use Zone and the University’s policy to disallow single student housing over commercial space. Therefore, they were unable to seek commercial use in the building. Community Development Director Christensen explained the reasoning for the CUP to allow zero commercial. The plan was to look at a development on a case by case basis to see if commercial would fit. Council Member Sutherland moved to approve the Conditional Use Permit at 51 South 1st East to allow zero percent commercial in Mixed Use 2(MU2), and to take advantage of a lowered number of parking spaces from 100 percent required parking to 48 percent through 7 the use of the Pedestrian Emphasis Zone (PEZ) Ordinance No. 1021with Planning and Zoning conditions; Council Member Smith seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. B. Conditional Use Permit – Approximately 149 South 1st West, to allow less than 10 percent commercial use in Mixed Use 2 (MU2) and to take advantage of a lowered number of parking spaces through the use of the Pedestrian Emphasis Zone (PEZ) Ordinance No. 1021. Mayor Woodland reviewed the proposal to reduce parking for this development. Corey Sorenson representing Tru North Development and NG Rexburg Housing explained Planning and Zoning unanimously recommended the proposal. The commercial component has been redesigned by putting married housing above the commercial component. Planning and Zoning mandated 10% of the main floor to be commercial use. The complex will house 1,028 single students. There would be an additional 32 community housing units. All together it will house 1,092 individuals. Two of the 32 units for community housing would be utilized by managers of the single student apartments. There will be nearly 500 parking stalls with only less than 10 parking stalls being visible from the street. Three stalls per 100 sq. ft. of retail space. One parking stall per community housing door. Two stalls for the manager apartments. They are at .403% for single student housing. They will abandon the proposed parking on 1st South. It is very inviting to have street parking for a development. They are planning an underground full court basketball facility right off the street. It could be used for a community facility with multipurpose use. University LDS Wards could use the facility for gatherings. There is a five story parking garage planned for the development. Discussion on street parking. Mr. Sorenson explained the project meets the needs of the community and the developer. Council Member Merrill reviewed the parking contacts. There will be parking and non-parking contracts. When placing the students in apartments, they will try to place each unit with an individual who has a car. They plan to provide additional services for the students to allow onsite facilities to limit travel. Council Member Benfield asked about the individuals 8 who sign up for a non-car contract and bring a car anyway. Mr. Sorenson said they will not be issued a parking sticker and will have to find another location to park. He strongly believes the location will be an advantage to students who do not have a car. They will start with two buildings with a 12 to 22 month build-out planned for completion in September 2014. The current plans have been modified to comply with Planning and Zoning’s conditions. Council Member Smith reviewed the proposed diagonal parking on 2nd South and 1st West. Council Member Sutherland asked about snow removal in diagonal parking spots. They will need to be addressed; Mr. Sorenson said they would be willing to look at taking care of the snow removal due to the benefit of the parking on the street to the development. Mr. Sorenson has been working on this project for 12 years. Council Member Merrill moved to approve Conditional Use Permit at Approximately 149 South 1st West – to allow less than 10 percent commercial use in Mixed Use 2 (MU2) and to take advantage of a lowered number of parking spaces through the use of the Pedestrian Emphasis Zone (PEZ) Ordinance No. 1021; Council Member Smith seconded the motion; Discussion: Council President Mann expressed a concern with the additional 2,000 pedestrians using 1st West and 2nd South, going to the University. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. C. Conditional Use Permit – Approximately 900 South 5th West, to allow structures with twenty-four (24) units per building. Mayor Woodland reviewed the request for a CUP for 24 unit buildings. Troy Kartchner from Logan, Utah presented a proposal on the Steiner property for larger buildings and a preliminary plat. He reviewed the overhead slide of the 20 acre parcel off 5th West. There will be three entrances into the community housing. Twenty-four unit buildings allow for more green space, and over time this type of community maintains its value at a higher level than a four-plex community. The street-scape will have trees. The buildings will be three story buildings. Chimneys will be used for venting on the roof. There will be a club house with construction planned for early fall 2012. Widening will be required for 5th West; they are working on traffic studies with city staff. Council Member Merrill agreed the larger buildings would look better than four-plexes. Council Member Smith reviewed the main entrances on the site plan. One entry will come from a new road off 5th West running west; a second access will be off 5th West; the third access will be off University Blvd. 9 Council Member Sutherland moved to approve the Conditional Use Permit at approximately 900 South 5th West, to allow structures with twenty-four (24) units per building; Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. D. Preliminary Plat – The Dunes Apartments - Approximately 900 South 5th West Council Member Merrill moved to approve the Preliminary Plat for the Dunes Apartments at approximately 900 South 5th West; Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Break at 9:01 p.m. Staff Reports: A. Public Works: – John Millar 10 1. Street Light Fund Public Works Director Millar reviewed the street lighting in a night view showing the location of street lights as currently located. New street lighting was proposed primarily on 2nd East, 2nd South and College Avenue. The University will be taking out homes on the east side of College Avenue and installing lights on the east side. The city will install lighting on the west side of College Avenue; both sides of the street will be lit. The fourteen lights, for the proposed areas, will cost $129,000 and 75 – 80 % of the cost is driven from getting power to the street lights. They will work with Rocky Mountain Power to determine the cost of power for each light. The University will be purchasing and installing six to seven pedestrian lighting systems on 7th South at 1st West and Center Street, and 2nd East. The plan is to combine two crosswalks on 2nd East into one crosswalk with lighting. The proposed cost would be about $390,000. The funding available is about $320,000 by the end of 2012. Public Works Director Millar asked to have approval to move the project forward into the design phase. Council President Mann asked if different lighting would be planned for the downtown lighting for a pedestrian look. Council Member Smith reviewed the funding which is based on the customer base by unit. The funding is planned to cover the costs by completion. Council Member Sutherland moved to approve the project to go to the next phase for planning; Council Member Merrill seconded the motion; Discussion: Mayor Woodland asked if Cresthaven was in the plan now. It is not part of the plant. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. 2. Bid Award for LID 42 – Public Works Director Millar asked for approval to award the low bid to TMC Contractors for LID 42. The project will be paid with LID payments of $103,000, and $700,000 of it will be city funds. Council President Mann moved to approve the low bid from TMC Contractors for LID42; Council Member Smith seconded the motion; Mayor Woodland asked for a vote: 11 Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. 3. Well on the Hill – Drilling is complete and it will be tested next week. It will be tested at 3,300 gallons per minute. 4. Main Street Traffic Signals –Signals are complete, final costs are being worked on. 5. 1st East Parking – Parking lot is nearly complete. 6. North Yellowstone Street Project – The project will begin next week, with a three week completion date. Ads will be placed in paper and detours will be set up. 7. 7th South Street Project – Project will also begin next week, with a 45 day completion date. 8. Sewer Plant Bids – The ultraviolet/bio-solids project bids will be June 14th. 9. Sewer Plant Upgrade – Public Works Director Millar is working with the supplier for a five ton incinerator, which is being reviewed for the next phase of the sewer plant upgrade. Public Works Director Millar presented pictures and explained the logistics of the incinerator. Incinerator in Munich, Germany 1 B. Finance Department – Richard Horner Finance Officer Horner requested to set up a couple of work meetings with the City Council. A two hour work meeting was scheduled for June 27th, at 7:00 a.m. to review the budget and a short 12 agenda. A work meeting was also scheduled for July 11th, at 6:00 p.m. for an airport discussion on funding with County Commissioners. (Note: The July 11th meeting was moved to 8:00 a.m. on June 27th.) C. Technology Coordination Services – Kelvin Giles 1. Add one Technology Coordination Services position Technology Coordination Services Director Kelvin Giles reviewed a handout supporting the need for additional manpower in the Technology Department. The IT Infrastructure, as currently implemented at the City of Rexburg, is not compliant with industry standards, and has been installed without regard to any consistency or standardization. He believes the state of the IT Infrastructure reflects a resource deficit that has existed for some time in the department. Implementing an infrastructure to industry standards will reduce frustrations and increase productivity. TCS Director Giles reviewed the roles of the IT staff members. The responsibilities were also reviewed in detail. They are responsible for the servers, networks, website support, 186 work stations, printers, phones, surveillance at Rexburg Rapids, database support, etc. The scope of responsibility has been expanded substantially by city departments expanding their reliance on technology. More is expected from the department than can be provided. He would like to request an additional full-time employee to the IT Department. Council Member Mann asked about the number of interns that work in the IT Department. Currently there are three interns, and it’s a drawback when they leave. Council Member Merrill moved to approve adding one Technology Coordination Services position; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Calendared Bills and Tabled Items: A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE B. PUBLIC HEARING PROCEDURE: – NONE C. BILL Introduction: 1. Ordinance 1086 Amending Ordinance 937 Arts Fee City Attorney Zollinger explained the proposed changes to Ordinance 937. The proposal is to increase the scope of the expenditures to include items of a less tangible nature. The expenditures Infrastructure installed to industry standards Infrastructure implemented, and not compliant, at the City of Rexburg 13 would require approval. The Arts Council is in support of the proposal. An example would be to expend funds on venue management, instead of relying on volunteers. The Arts Council Chairperson is Ronalee Flansburg. D. First Reading: Those items which are being introduced for first reading: NONE E. Second Reading: Those items which have been first read: 1. Ordinance 1087 to rezone property at approximately 900 South 5th West from Rural Residential 1 (RR1) to Medium Density Residential 2 (MDR2). Council Member Sutherland moved to second read Ordinance 1087 for the rezoning of property at approximately 900 South 5th West from Rural Residential 1 (RR1) to Medium Density Residential 2 (MDR2); Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. F. Third Reading: Those items which have been second read: NONE Mayor’s Report: Mayor Woodland reported 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 May 16, 2012 meeting B. Approve the City of Rexburg Bills C. Fireworks Stands 1. Family Fun Fireworks 125 Valley River Drive 2. Acme Discount Fireworks 328 North 2nd East 3. Flower Works 250 West Main Street 4. TNT Fireworks 490 N 2nd E. Lynn and Dave Webster Albertsons park lot. 20’ x 30” tent 5. TNT Fireworks 530 N. 2nd E. S & D Collegiates Wal Mart park lot. 20’ x 40’ tent 6. TNT Fireworks 124 West Main Lynn Webster Broulims park lot 8’ x 24’ stand Council Member Sutherland moved to approve the consent calendar; Council Member Merrill seconded the motion; Discussion: Council President Mann asked Public Works about the three new vehicles. They were purchased for the Water Department, Waste Water Department and the Street Department. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith 14 Council Member Sutherland The motion carried. City Council “Meeting Rules” – Attorney Zollinger & City Clerk Kay City Attorney Zollinger reviewed the City Council Rules of Procedure. The protocols regarding the agenda were reviewed; the Mayor controls the content of the agenda as noted in the rules. The Mayor shall preside at all meetings of the City Council. In the absence of the Mayor, the Council President shall preside, as noted in section three. The rules regarding a motion and voting was also reviewed from section four. He explained when making a motion, deliberation and discussion is to be held until the motion has been seconded. No motion is needed to come out of an executive session. The individual presiding brings the council out of an executive session when the topic becomes exhausted. He advised the presiding officer to be cautious of time limits. Council members should use “Council Member” in front of their last name when addressing one another, this is politically correct. Council Member Sutherland thinks it’s appropriate for the presiding body to adjourn any discussion. Any council member is allowed to make a motion to adjourn at any time. Council Member Mann asked about putting items on the agenda. He can request for items to be included on the agenda. Council Member Smith feels it’s important to be formal when addressing another council member by name. Executive Session per Idaho State Statute 67:2345(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Council Member Sutherland moved to go into Executive Session per Idaho State Statute 67:2345(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated; Council Member Smith seconded the motion; Mayor Woodland asked for a roll call vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Executive Session Executive Session ended at 11:19 P.M. Adjournment at 11:19 P.M. _____________________________ Richard S. Woodland, Mayor Attest: ________________________________ Blair D. Kay, City Clerk