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HomeMy WebLinkAboutCouncil Minutes - February 15, 2017.pdf 1 February 15, 2017 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Donna Benfield Tisha Flora Brad Wolfe Sally Smith City Staff: Stephen Zollinger – City Attorney Matt Nielson – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk 6:30 P.M. City Hall Council Meeting Curtis Boal said the prayer. Caleb Tibbetts led the pledge. Roll Call of Council Members: Attending: Council President Smith, Council Member Flora, Council Member Benfield, Council Member Mann, Council Member Wolfe, Council Member Busby, and Mayor Merrill. Mayor Merrill congratulated the girl’s basketball team; also, the boy’s basketball team is hosting the district tournament next week. 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. Mr. Rick Davis reported on a news article on Airbnb. The Airbnb issue is again being discussed because of the eclipse in August. He was dumbfounded when it was suggested that this might be something the City could try for a year. A couple of weeks of trial are more than enough time to see its validity or failure. This is a bad thing to ignore a law already in place, for a year; we cannot do this. He said let’s look at other places like California which has had Airbnb for nine years; now they are pulling the plug across the state. He mentioned allowing Airbnb would be ignoring the Planning and Zoning Commission. The residents of Rexburg look to City Council for leadership. They expect long term decisions not short-term responses to an immediate problem. Mrs. Betty Davis said the City is proposing to turn over the zoning rights of low density residential neighborhoods to the interest of a 20 billion dollar privately held company and others like it. Her own family members have experienced the results of quote “we can do whatever we want on our own property” belief in Arizona and California. We pay higher taxes to be in a city because of zoning laws and police protection. A city official reported there has only been “one incident” that brought to light the neighborhood’s strife resulting from the non-enforcement policy of Airbnb. This quiet contention revealed in the three and half hour town hall meeting may take years to heal. All of this because of ignoring the time honored zoning laws meant to protect the peace, health and 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x2313 Fax: 208.359.3022 blairk@rexburg.org www.rexburg.org City Council Minutes February 15, 2017 2 welfare of its citizens young and old. She asked if this is a preview to the Rexburg of the future, she hopes not. Presentations: A. Introduce and swear in new Officer Branson Devey in the Police Department. Mayor Merrill asked Officer Branson Devey to introduce himself. Officer Branson Devey said he is 21 years old and moved here from Southern California. He worked at a jail in California; he has always had a passion for law enforcement. His brothers and father are police officers. He expressed his gratitude for working here in Rexburg. Mayor Merrill asked City Attorney Zollinger to do the swearing in ceremony for Officer Devey as a new Rexburg Police Officer. B. Introduce David Lindsey as a new employee in the Streets Department. David Lindsey was not available. He is a new Street Department Employee. C. Introduce Todd Smith as the new Chief Information Officer (CIO) in the TCS Department. Mayor Merrill asked Todd Smith to introduce himself. Todd Smith said his family has lived in the area for about 30 years. He worked for BYU-Idaho University for the last 27 years. He is now the new Chief Information Officer (CIO) in the TCS Department and is excited to be working with this great group of people in the City’s TCS Department. D. Introduce new employee Amanda Williams in the Customer Services Department. Mayor Merrill asked Amanda Williams to introduce herself. Amanda Williams said she has lived in the area for 25 years. Her husband’s name is Travis they have eight children and live in Sugar City. She started working for the City’s Customer Service Department in September part-time and is now full-time. She mentioned she has enjoyed working with and helping the public. E. Introduce Trevin Ricks as the new “Madison County Emergency Manager” - the position is being moved from Madison County to the Madison Fire Department. Mayor Merrill asked Trevin Ricks to introduce himself. Trevin Ricks introduced himself as the new Madison County Emergency Manager working at the Madison Fire Department. He lives in Sugar City and still works for the Fire Department. Thomas E. Rick was his Great-Great-Grandfather. Mayor Merrill thanked John Hepworth with Tri-State Tire for sponsoring the community ice rink. F. Regional Economic Development for Eastern Idaho (REDI) recognition and the media success of the announcement of Rexburg joining REDI – Jan Rogers (Chief Executive Officer of the Regional Economic Development Corporation for East Idaho) Jan Rogers from REDI explained the recent addition of Rexburg to the REDI (Regional Economic Development Corporation for East Idaho). She is from Dallas Texas. She thanked the Mayor and City Council for their support becoming Millennial City USA. There was a lot of media play after the announcement. It has been an amazing opportunity to bring business to Rexburg. They are promoting 78 miles of Southeastern Idaho from Pocatello to Rexburg. The Washington Post is doing a follow-up story in the near future. 3 4 Committee Liaison Assignments for 2017: A. Council Member Mann: Golf Board · Emergency Services Board · GIS Oversight · Development Workshop Council Member Mann reported the Golf Board has not met. Emergency Services Board is excited to have Trevin Ricks as the new Madison County Emergency Manager; this is a great move to have the Fire Department take on these duties and responsibilities. GIS Oversight is doing well; he welcomed Todd Smith in his new position as Chief Information Officer. The Development Workshop is doing well. He is amazed at how many people the Development Workshop helps place in jobs. Some of the disabled clients from the Development Workshop range in age from 16 to 18 years old. He appreciates the City of Rexburg, Domino’s Pizza and others that partner with the Development Workshop and are willing to hire people with these circumstances. B. Council Member Busby: · Airport Board · Traffic & Safety · Trails of Madison County Council Member Busby reported the Airport Board is meeting tomorrow at noon. They are looking for another member to serve on the Airport Board. The Traffic and Safety Committee is looking for a new member from the North West Quadrant of Rexburg. They are also looking at possibly changing their meeting time because it conflicts with other meeting schedules. He recognized the Madison High School Students in attendance. C. Council Member Benfield: Police · MYAB· Parks & Recreation 5 Council Member Benfield reported the MYAB has been busy with at least 20 members participating at each meeting or event. They delivered Valentine cards to the residents at the Homestead Assisted Living Center yesterday and will be doing a mock City Council meeting next month. The MYAB members will also be teaming up with Madison Cares to help with some service projects. The Police Department is really, really busy with day to day things. They are preparing for the Solar Eclipse; prepare for the worst and hope for the best is their motto. There could be anywhere from 200,000 to 500,000 visitors that come to the area for the eclipse. Council Member Benfield promoted the new Recreation Advisory Board with a lot of new members with different sports expertise. They have set up a new vision, a new mission, goals and priorities. She encouraged all interested in attending the meeting to come, they meet the second Thursday of the month at 7:00 p.m. Rexburg is the number one youngest community in the country with the average age of 22.3. The City needs to plan its parks and recreation accordingly; this committee is gearing up to do that. D. Council Member Smith: Legacy Flight Museum · Beautification Committee · M.E.P.I. Council President Smith reported M.E.P.I. held the 54-hour Startup Weekend event last weekend at North Point with 66 participants going down to 22 then down to 8. The ideas were all viable for a business development. The event facilitator is from California, he said it was one of the best Startup Weekends he has ever attended. She commended the City’s Economic Development Department for doing a great job of hosting the event. The judges were interested in some of the new business for an investment. There were participants from all over including some from northern Utah. Council President Smith said the Legacy Flight Museum will meet next month. E. Council Member Flora: School Board · Rexburg Arts Council/ Museum of Rexburg Council Member Flora reported the School District is extremely busy becoming a friendly community with their “Starts with Hello” campaign from February 6th to 10th. The Madison High School has a Madison High School Hall of Fame now. They are accepting nominations from the Madison High School alumnus who have contributed to their part of the world in anyway. The nominations can be submitted on the high school’s website. Council Member Flora reported The Bretts Family Show is coming to Madison High School soon. Council Member Busby mentioned the cost of the show is $10.00 per ticket. She said she has attended several Project Citizen Presentations at the high school. She was impressed by the student’s research, knowledge and their presentations regarding their respective topics. Council Member Flora said she wanted to congratulate the Arts Council, mainly Jackie Rawlins; she transformed the Tabernacle into the 1920’s atmosphere for the Gala Event. The event was so much fun with live music and dancing with many people in attendance. This will be a yearly event held in the month of February. There is a brand new event called “Rexburg’s Got Talent”. The auditions were held last week and they had to narrow it down to 24 participants. The first two show times will be on February 23rd and February 25th; half of the participants will present on one night and the other half on the next night. The final show will be March 10th; she encouraged all to support “Rexburg’s Got Talent”. 6 F. Council Member Wolfe: Planning & Zoning · Urban Renewal Agency · IBC Council Member Wolfe reported Urban Renewal did not meet. The Planning and Zoning Commission is continuing to process new projects for housing and businesses. The eclipse meeting today had lots of people from different organizations working together to be ready for the eclipse. Mayor’s Report: Mayor Merrill reported he met Gerry Bates with the Idaho Department of Lands. The City entered into a community forestry agreement with the Idaho Department of Lands. Mr. Bates helps assess a city’s urban forest. They will provide funds to hire a person this summer that will take inventory of all City owned trees. This person will check the condition of the trees and give input on how to best care for the trees to make them last longer. Mayor Merrill talked about a new Dog Park location at Mesa Falls off of South 5th West. They will continue to discuss the possibility of having a dog park at that location. Mayor Merrill talked about Project Citizen being a great effort to work on problems to make Rexburg better. He was interviewed by Kyle Rawson concerning a video Mr. Rawson made of Rexburg and shared it on Facebook. Mr. Rawson is one of our local entrepreneurs; he competed in one of the City’s business completions and did very well. Mr. Rawson is the business owner of Syphon Sound; he held a social media seminar today to promote growing a business here in Rexburg. The High Five grant committee is working a $250,000 grant to promote a healthy life style. Mayor Merrill reported the remodel of Center Street from Main Street to 2nd South will start this year. It will become more pedestrian friendly, funded by the water project and the Rexburg Redevelopment Agency. He met with the Intermountain Gas Officials to coordinate growth to help save money on new projects. Mayor Merrill mentioned one of his favorite’s things to do as the Mayor of Rexburg is to meet with the Cub Scout groups. He enjoys showing them around City Hall. Staff Reports: A. Finance: - Matt Nielson 1. Audit Presentation for Fiscal Year 2016 by Rudd & Company – Brad Reed Brad Reed and Jen Kennedy from Rudd & Company reviewed the recent audit of the City of Rexburg for Fiscal Year 2016. They looked at cash balances and loan balances. They looked at the controls the City has in place and evaluated them. Jen Kennedy went out to various City departments that handle cash to see if the controls were being followed. They were giving a clean opinion with good controls on this audit. Brad Reed indicated from their view point the controls are good and improving. Chief Finance Officer Nielson is continually looking for improvements and making sure things are done correctly. He said if you start hearing employees complain because they have to turn in receipts that is a good thing. Mayor Merrill said losing a receipt can disrupt your day. Brad Reed reviewed page 4, at the end September the City had just under one hundred million dollars in assets. There was a net profit of about $5,306,571.00 during the year. The general fund is the fund the City has the most control over; it has a balance of about four million dollars. The total general fund expenditures and transfers are at 39.91% with a recommended goal to keep the fund at 25% to 33%, or five months’ worth of expenses. The City looks like it is in good shape financially. Brad Reed mentioned the Finance Department was very cooperative, honest and open. He thanked City Council for the opportunity to work with the City especially Pam Wren. Discussion: Council Member Mann moved to approve the audit as reviewed by Rudd and Company; Council Member Flora seconded; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None 7 Council Member Flora Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried 2. Financial Reports – Deborah Lovejoy Deborah Lovejoy reviewed the Expenditures Budget Summary Report. The City is four months into the fiscal year; overall the City is at 33% in the budget for expenditures. Council Member Busby questioned how much of the Streets Operation budget has been used to pay on overtime for snow removal. The Street Operation Expenditure is at 15%. Deborah Lovejoy indicated she is not sure how much of the 15% was used to pay for overtime. Council Member Flora 8 mentioned she had asked Chief Finance Officer Nielson about the cost for snow removal. He informed her that last year they spent about $377,000.00 on snow removal and they have already spent about $500,000.00 this year. Deborah Lovejoy reviewed the Revenues Budget Report. The City is on target with 33% over all in revenues. The Investment Earnings are in the negative; however, it is being skewed by unrealized gains and loss in our investments. 9 Council Member Busby asked about having the city finance the LID instead of selling bonds. Deborah Lovejoy indicated it depends on how much cash the City has on hand when the LID goes out to bid. The City will finance the LID if there is enough money. Mayor Merrill said if it is a large LID; it may tie up too much capital. Deborah Lovejoy reviewed the Treasurers Expenditure Report. The Fire Operation Fund is in the negative. The fund is waiting for contributions from Madison County and the Fire District. The Community Lighting Fund currently has about $328,560.00. The City received 2.2 million in property taxes from the State of Idaho. 10 B. Public Works and Engineering: Keith Davidson Public Works Director Davidson indicated the sewer line between Rexburg and Sugar City is nearing capacity. They are doing a study to determine the remaining line capacity of the 12-inch line for both Rexburg and Sugar City. They will form an oversight committee to review the findings. Council Member Busby questioned if all of Sugar City’s sewer water flows into Rexburg’s wastewater plant. Public Works Director Davidson replied that Teton’s sewer water pressurizes into Sugar City’s sewer line and that line ties into Rexburg’s sewer line. Council President Smith reviewed possible funding options including a federal grant. Public Works Director Davidson explained there isn’t much funding on a federal level when a city is in compliance. The funding could come from new development as an allocation of their portion or share of that capacity. One of the ideas that they talked about was to take a pressure line from Sugar City run it along US 20 Highway down to tie into Rexburg’s sewer plant. This would free up a lot of capacity in the existing main sewer line running between Rexburg and Sugar City. Public Works Director Davidson said there are some sewer lines on 2nd East by Deseret Industries that have grade issues. The lines don’t allow for much flow capacity. They have had several 11 developers interested in developing between Sugar City and Rexburg; however, not knowing how much capacity the sewer line has left, he doesn’t feel comfortable to give the go ahead for more development. He is comfortable with the existing developments and the ones already on the books. He is not comfortable with future large developments without having the information collected by the study. Public Works Director Davidson mentioned the K-Mart lift station has the largest pumps with an eight-inch pressure line that connects to the sewer plant. The lift station is nearing run time; it runs for about 11 hours a day. When the run time is at 80% a solution needs to be in place, they are approaching those run times. Some of the options include running the pressure line from Sugar City along US 20 and connect to the sewer plant. The other would be to increase the size of the pressure line at the K-Mart lift station and connect it to the sewer plant. These are some of the issues that need to be looked at to handle future growth. Discussion: Council Member Busby asked if the City of Sugar City could be LID to upgrade the sewer line. Public Works Director Davidson explained the study will determine how the costs are distributed. Mayor Merrill announced a new joint committee will be formed to review the sewer lines between Rexburg and Sugar City. Council President Smith and Keith Davidson will serve on the joint committee for Rexburg. C. Community Development: Val Christensen 1. Pre-Annexation Heads-up: 36 Acres at Approximately 950 Barney Dairy Road – JRW & Associates – Johnny Watson and Brian Ball Community Development Director Christensen reviewed the proposal. The heads-up proposal is a 36-acre project out on Barney Dairy Road. Public Works Director Davidson said City services would need to be extended to this location and a sewer lift station could be added. There is an 8- inch sewer line just west of this acreage. Council Member Mann asked about grade level at that location, because of flooding that took place on Quail Hollow during the flood. Discussion about flooding on Quail Hollow. Council Member Flora asked about other locations needing to be annexed. Discussion: Johnny Watson from JRW & Associates reviewed the location of the future connector road going to Sugar City passes on the west of the proposal. Community Development Director Christensen said annexing these lands next to the city will preserve the quality of the ground water for the City of Rexburg. 12 Public Hearings: A. 7:00 P.M. Ordinance 1156 - Pursuant to Resolution No. 2017-01 for a public hearing at which the owners of property to be assessed within proposed Local Improvement District No. 47, ("L.I.D. No. 47") may appear before the City Council (the "Council") of the City of Rexburg, (the "City") and be heard as to the propriety and advisability of creating L.I.D. No. 47 and acquiring and constructing the Improvements, as hereinafter described, and as the time and place when and where the Council will consider the creating of the proposed L.I.D. No. 47 and the acquisition and construction of the proposed improvements, and hear all complaints, protests, and objections which may be made in writing and filed with the City Clerk on or before said time by any owner of any parcel of land to be assessed. Mayor Merrill opened the public hearing. Written correspondence: #1 Letter 13 14 #2 Letter #3 Letter 15 Public Works Director Keith Davidson reviewed the proposed LID47 by reviewing the following maps: 5th West Overview The map above shows the reconstruction of the road from 1st South all the way down to 4th South, along 5th West. 5th West Overview Continued. 4th West from Main Street to 1st North and 2nd West to 3rd North up to the canal. It’s the last remaining section of roadway in the City’s right of way that is gravel. 16 Misc. Overview Pioneer Road with the completion of the sidewalk by the hotel. The completion of the sidewalk on 3rd South. A reconstruction of the roadway on 2nd West and also a completion of the sidewalk. Ricks Avenue Overview. Ricks Avenue will be a reconstruction of the roadway and a new water line will be installed. Public Works Director Keith Davidson indicated 11 people have called or come into City Hall; three residents’ submitted letters regarding their assessment. Staff will work with the citizens to resolve any questions or concerns. They will take a better look when the snow melts in March. The ADA transition plan is a part of the LID process it allows for sidewalks and ramps to be brought up to current ADA standards. He indicated that most of the driveways where the sidewalk falls along the curb line, the cross slops is too great and will have to be adjusted at these locations. However, if the concrete is in good shape than the City bares the cost to bring the sidewalk up to current ADA standards; if the concrete is in bad shape and needs to be replaced the costs are billed to the property owner. 17 Council Member Busby mentioned the engineering cost is 12% and wondered about the percentage of City participation. Public Works Director Davidson said the City participates when there is existing sidewalk, curb and gutter. The percentage of City participation depends on the work being done. The cost of City participation is $7.70 per linear foot for the curb and gutter and $1.65 per square foot for sidewalk that are considered for reimbursement costs. The City’s participation cost was based as close as possibly to the cost of the concrete. Council Member Busby asked about the Lerwill property. Public Works Director Davidson said he spoke with Mr. Lerwill about his property on this LID. Mr. Lerwill will possibly be developing his property and asked about delaying the installation of sidewalk for a year; however, if he doesn’t develop the property within a years’ time his property will be added to the next LID. Council President Smith asked about the payback option. Public Works Director explained with any LID there are finance options. The City allows the residents to finance their portion of the LID for ten years. They can pay monthly payments by adding the payment to their utility bill or make yearly payments. The City does go and obtain a bond to pay for the local improvements at about 5% interest. Mayor Merrill declared the Public Hearing Open. 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 Bree Hepworth said they have a gravel road with new apartments across the road. There is currently no curb and gutter. Public Works Director explained when a new area is being developed the developer is responsible for the cost of sidewalk, curb and gutter; however, if it’s an existing development the property owner is responsible for the cost to replace or install sidewalk, curb and gutter. Mrs. Hepworth mentioned in a City Council Meeting in April of 2012, Mr. Beck promised he would pay for the development on that road. Mayor Merrill said Mr. Beck will pay for the section of road that his development is on. Public Works Director said he will look into which section Mr. Beck promised to pay for. Mrs. Hepworth said her portion of the costs are $12,300, she will not be able to pay this amount up front. She will need to make month payments with a 5.5% interest rate. She was concerned with the 5.5% interest rate. Mayor Merrill said the 5.5% interest is assessed because the City is financing the overtime payment for the LID. The 10-year repayment plan is to assist the residents to spread the payment out. Mayor Merrill explained the reason why sidewalks, curb and gutter are important. Council Member Mann said the funding comes from the sale of bonds. The City doesn’t make any money off of the 5.5% interest assessed to the property owners. Mayor Merrill explained the property owner can do the work themselves if done by the city’s specifications. Mrs. Hepworth asked when the exact costs will be known. Public Works Director Davidson said the exact cost will not be known until the LID goes out to bid. Bill Cook at 229 Ricks Avenue said part of his curb is in good shape. Public Works Director Davidson explained if the curb and gutter is in good shape and meets the City’s criteria to not replace; the city will pay; if it is in bad shape the city will contribute $7.70 per linear foot towards the replacement. Mayor Merrill clarified the City pays for the cost to replace the street. David Greer representing his mother asked the same question about replacement costs. Public Works Director Davidson explained if the City is replacing a large section of curb and gutter and there is a 10-foot section that is in good condition, the city will pick up the cost for that 10-foot 18 section to have it run through. The 10-foot section will be assessed to meet the City’s criteria for replacement. Mr. Greer asked about the work being done on 5th West. Public Works Director Davidson said 5th will be reconstructed. The main sewer line will not be replaced; however, the sewer tie-in lines will be replaced. The city is in the process of videoing the lines to see about their condition. They will visit will with Mr. Greer on site to determine if the curb and gutter needs replaced. Mr. Greer questioned how much of the work can be done by the property owner. Public Works Director replied the sidewalk can be installed by the property owner; however, the City will need to replace the curb and gutter. Arc Handcock on Ricks Avenue would like to keep his lot open without curb and gutter. He asked if this is a possibility or if the City is going to mandate how much curb and gutter needs to be installed. Public Works Director Davidson said having the lot open causes traffic problems with people coming in and out. He said he will meet with Mr. Handcock to review possible solutions for his property. Mr. Handcock said there are drainage problems along Ricks Avenue. He asked if the City will install drains to alleviate flooding. Public Works Director Davidson said they will look into the drainage problem. They may need to look at an infiltration system. Leo Castano asked if sidewalk will only be added to the bottom section of Ricks Avenue. Public Works Director Davidson said due to the right of way access that is correct. Mr. Castano said on 2nd West there is sidewalk being added to both sides of the road. His business and Rocky Mountain Power are located on 2nd West. The impact of adding sidewalk in front of his business would greatly reduce access to his building. Mayor Merrill indicated there is a lot of change that could take place on 2nd West. Mr. Castano asked if other improvements will be made besides adding curb and gutter on 2nd West. Public Works Director Davidson indicated a new water line will be installed. Mr. Castano asked if sewer lines will be added. There are some buildings on 2nd West that are not connected to city sewer. Public Works Director Davidson reviewed the location of the sewer lines in the area. Staff will verify if a new sewer line is needed. Council Member Busby thanked Mr. Castano for the park benches; his work is excellent and appreciated. Mayor Merrill closed the public hearing. Deliberations: Council Member Flora thanked the public for their concerns and being polite. She thanked them for being so kind. She has paid for two LIDS’ on two different homes. She understands the difficulty of having to pay for an LID. Council Member Mann indicated the City has generously increased their portion of sidewalk repair. The City is more generous than what it used to be. There hasn’t been an LID that doesn’t improve the look of the property and increase the safety of the children walking to school. Council Member Benfield moved to first read Ordinance 1156 to create Local Improvement District No. 47; Council Member Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Wolfe 19 Council Member Busby The motion carried Items for Consideration: A. Preliminary Plat for Stonebridge Subdivision Division 2 & 5 located approximately south of Woodbridge Street in the current Stonebridge Subdivision – Kevin Allcott and Daryl Kofoed Kevin Allcott from Bountiful, Utah reviewed the proposal to add Division 2 and Division 5 to the Stonebridge Subdivision. He reviewed the location of the flood plain line. They have provided public access to the river area for the green belt and will stub out for city utilities. Also, a sewer lift station will be located in the area for the subdivision. Mayor Merrill thanked Mr. Allcott for providing public access to the river area for a green belt. Council Member Busby asked about road right-of-way and the green strip area and if there are any concerns with sewage. Public Works Director Davidson said it will be a sidewalk with a 7-foot green strip area and there is enough sewage capacity. Council Member Busby asked if there are any concerns with having additional traffic coming on to 2nd East form this location. Discussion on traffic flow on Loraine and 2nd East: Public Works Director Davidson said they will take one signal out of 2nd East to help with traffic flow. Council Member Busby asked about Covenants, Conditions & Restrictions for the subdivisions. City Attorney Zollinger said CCR’s are a private matter separate from the city. Council Member Mann reviewed the need for communicating with the current property owners on green space issues. 20 Council Member Busby thanked the developer for taking the time to address the concerns for this development. Kevin Allcott said he wants to build the subdivision in a way that people want and are happy to live there. Council Member Smith moved to approve the Preliminary Plat for Stonebridge Subdivision Division 2 & 5 south of Woodbridge Street in the current Stonebridge Subdivision; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried Calendared Bills and Tabled Items: A. “LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing Procedure (Recommend Suspension of the Rules): 1. Ordinance 1158 Rezone Approx. 801 N. 7th S. to from Low Density Residential Two (LDR2) to High Density Residential Two (2) HDR2. Council Member Wolfe asked a question on the pending Traffic Study. Public Works Director Davidson explained some of the concerns the traffic study brought to light including the possibility of an around-a-bout being added. Discussion: Council President Smith moved to suspend the rules for Ordinance 1158 to Rezone of Approx. 801 N. 7th S. from Low Density Residential Two (LDR2Z) to High Density Residential Two (2) HDR2; Council Member Benfield seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council President Smith Council Member Mann Council Member Flora 21 Council Member Benfield Council Member Wolfe Council Member Busby The motion carried Council Member Wolfe moved to approve Ordinance 1158 and consider it 3rd read to Rezone of Approx. 801 N. 7th S. from Low Density Residential Two (LDR2) to High Density Residential Two (2) HDR2; Council President Smith seconded the motion; Discussion: Council Member Busby was still concerned with completing the traffic study for 7th South. Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried B. BILL Introduction: – NONE C. First Reading: Those items which are being introduced for first reading: 1. Ordinance 1156 Creating LID47 22 Discussion: Council Member Flora moved to 1st Read Ordinance 1156 Creating LID47; Council Member Mann seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried D. Second Reading: Those items which have been first read: 1. Ordinance 1157 Amendments to the Development Code (Ordinance 1115). Council Member Busby moved to 2nd read Ordinance 1157 amending the Development Code (Ordinance 1115); Council President Smith seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried E. Third Reading: Those items which have been second read: - NONE Mayor’s Business: 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 February 01, 2017 meeting B. Approve the City of Rexburg Bills Council Member Busby moved to approve the Consent Calendar containing the minutes and city bills; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried 23 Council Member Busby asked for an Executive Session to review a legal issue. Council Member Busby moved to go into executive session per Idaho State Statute 74-206 (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. The mere presence of legal counsel at an executive session does not satisfy this requirement; Council President Smith seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried Executive Session at 9:00 P.M. Executive Session ended at 9:28 P.M. Adjourned at 9:28 P.M. APPROVED: ____________________________ Jerry Merrill, Mayor Attest: _______________________________ Blair D. Kay, City Clerk