Loading...
HomeMy WebLinkAboutCouncil Minutes - September 06, 2017.pdf 1 September 6, 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 Keith Davidson – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk 6:30 P.M. City Hall Mike Walker said the prayer Officer Marler led the pledge Roll Call of Council Members: Attending: Council President Smith, Council Member Flora, Council Member Mann, Council Member Wolfe, Council Member Busby and Mayor Merrill. Council Member Benfield joined the meeting via internet. 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. Dawn Galloway of Rexburg reminded everyone of the national day of service and remembrance. It is a tribute to the victims of 911. She suggests that the city may want to have some service projects available for everyone to help with. She did this in a previous city where she used to live. Community members would work from 9:00 a.m. to noon and then the city would throw a get together for those that helped. More information can be found at serve.gov. Presentations: Mayor Merrill had Megan Scholes introduce herself. She is the new Aquatic Center Manager/Programs Manager. Megan is from Seattle. She graduated from BYU-I in recreation management. She worked for the city of Idaho Falls for two years and their aquatic center for two years. She is a swimmer and water polo player. Staff Reports: A. Finance: Matt Nielson Officer Nielson reported that staff has been working towards a parks plan. They put out an RFP (Request for Proposal) back in June and received two responses; one from MGB+A and one from GreenPlay. They interviewed the two companies and would like to go with MGB+A and award the contract to them. 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 September 6, 2017 2 Mayor Merrill added that this is a professional services agreement so they are not required to take the lowest bid. They felt that MGB+A was the better option and they have worked with them before on the Center Street project. Council Member Busby asked what the City would be getting for $63,000 that we can’t get locally with our own people. Officer Nielson replied that we need their expertise as they go through the process and get the public input. They can give funding sources and options and help with trail connectivity ideas. Part of this will be funded by the High Five grant. Mayor Merrill pointed out that this company will take the time to assess our assets and make them work better and give ideas of what they have seen in other places. Also, staff is already busy with other things and they don’t have the time to spend on this. Other cities have spent eight months to a year working on a parks plan. Council Member Busby doesn’t want to see another study be done and then shelved. Council Member Busby asked about the four month community engagement and information gathering. That seems like a long time. Mayor Merrill explained it’s that long to catch everyone at different times. Having just one or two meetings would not allow everyone to attend and they want as much public input as possible. Council President Smith commented that part of the reason for this is to utilize the High Five grant money. Officer Nielson said it is also taking the Envision Madison to the next step. This will give us a master plan for trails, areas that need parks, what kind of parks, etc. Sugar City would like to be included in the master plan and they would help pay for their part. Mayor Merrill asked for a motion. Council President Smith moved to accept and award the bid for a Parks Plan Study to MGB+A for $63,003; Council Member Benfield seconded the motion; Mayor Merrill asked for a vote: 3 Council Member Wolfe feels it’s a lot of money to be gathering information that we could be gathering ourselves. He doesn’t like approving something that he really doesn’t know much about. Council Member Busby would like to have further discussion and hear more about what was presented to the Mayor and staff. He would like to table this discussion until they can see the presentation first. Council Member Mann concurs with Council Member Busby and Council Member Wolfe but he knows that having a master park plan has been a goal of the City for a long time. He would vote to move this on. Council Member Busby thinks some council members should be involved with the decision making for the parks plan. Council Member Wolfe said he would vote for it but just wants to be sure this is the direction to go. Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Mann Council Member Wolfe Council Member Benfield Council Member Busby The motion carried B. Public Works and Engineering: - Keith Davidson Public Works Director Davidson reported 2nd East, north of Walmart is being widened. Zollinger Construction is working on the 5th West project. Edstrom Construction will be paving Center Street tomorrow and should be able to re-open Center Street next week. The light poles will be added when they come in on the 28th of September. The alley entrances have been repaved as well. The fire pit and trees and landscaping will be added later. Council Member Busby would like Director Davidson to make sure the stop signs and yield signs are in good condition as they do construction. Council Member Busby asked about the treatment plant. Director Davidson said they are still getting it dialed in. Today they were addressing the consistency. Council Member Busby thanked the City for providing the high school homecoming bon fire last week by burning the City burn pile. It was a huge fire; the biggest he has ever seen. C. Community Development: New Construction Report – Bret Stoddard Building Department Manager, Bret Stoddard reviewed the building valuation report for August. He pointed out that there was a 5% increase over last year. Council Member Wolfe asked if the increase is in apartments or residential homes. Mr. Stoddard stated that both residential and commercial have seen increases. Council Member Busby asked about the second phase of Mesa Falls Apartments and if they will still break ground this year. Director Davidson indicated that they are trying to start this year; the second phase apartments will be called Eden Apartments. 4 Mayor’s Report: Mayor Merrill reported that Rexburg is ranked as the second safest city in Idaho from Safe Wise. The town of Weiser was ranked first. Rexburg was first last year. Mayor Merrill read a letter from Stephanie Booth of Seaside, California. She was very pleased with the eclipse in Rexburg and the orderly and friendly way the city handled it. Mayor Merrill indicated that the City received several letters just like that saying how friendly and organized the eclipse event was. Mayor Merrill presented Proclamation 2017-03 declaring September 17 to September 23, 2017 as Constitution Week. He urged everyone to read the constitution. 5 Council Member Wolfe moved to ratify Proclamation 2017-03 declaring Septermber 17 to September 23, 2017 as Constitution Week; 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 Mann Council Member Wolfe Council Member Benfield Council Member Busby The motion carried Public Hearings: – NONE Items for Consideration: A. Bill 1172 - Ringel property Rezone at approximately 20 South 12th West (#17 00324) from Rural Residential One (RR1) to Medium-Density Residential 2 (MDR2) for tract 2 and Low- Density Residential 2 (LDR2) for tract 3. (Recommend suspending the rules) Rod Jones with Idaho’s Real Estate of Rexburg presented the rezone. The first 250 feet will be commercial, then medium density and then low density. The developer is anxious to get going on this. Council Member Busby asked if there has been a traffic study done out there. City Planner Rindlisbacher said they have not done a specific traffic study for this parcel but they did do a long term study previously that included this area. Mayor Merrill commented that the Idaho Transportation Department is recommending “diverging diamonds” for our interchanges like the one in Chubbuck and ITD has moved Rexburg up on the scale for getting assistance due to mobility issues. Council Member Flora asked how many acres the MDR2 section is. It is about 10 acres. There can be 16 to 20 units per acre. Mr. Rindlisbacher indicated that this growth was anticipated in the last traffic study. Council Member Busby moved to approve Bill 1172 - Ringel property Rezone at approximately 20 South 12th West (#17 00324) from Rural Residential One (RR1) to Medium- Density Residential 2 (MDR2) for tract 2 and Low-Density Residential 2 (LDR2) for tract 3; 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 Mann Council Member Wolfe Council Member Benfield Council Member Busby The motion carried Council Member Wolfe moved to suspend the rules for Bill 1172; Council Member Busby seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Mann 6 Council Member Wolfe Council Member Benfield Council Member Busby The motion carried Council Member Busby moved approve and third read Bill 1172 - Ringel property Rezone at approximately 20 South 12th West (#17 00324) from Rural Residential One (RR1) to Medium- Density Residential 2 (MDR2) for tract 2 and Low-Density Residential 2 (LDR2) for tract 3; Council Member 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 Mann Council Member Wolfe Council Member Benfield Council Member Busby The motion carried B. Final Plat #17-00256 Rocky Ridge PUD Final Master Plan located off Pioneer Road (Rammell property) City Planner Rindlisbacher presented the final plat for Rocky Ridge and indicated that staff recommends approval. Council Member Flora asked about a playground. Mr. Rindlisbacher said that will show up on the site plan. 7 8 STAFF REVIEWS: GIS 1. Title of plat doesn't indicate that it's a subdivision. 2. Boundary dimension on north line doesn't add up with inside measurements; labels are hard to decipher. 3. Adjacent land owners are not labeled. 4. Vicinity map needs to be added. 5. Owners’ certificate is repeating itself; needs to be corrected. It states it's a condominium; it is not. This needs to be corrected. Public Works 1. The development agreement has been sent to the developer. We still need to have it signed. 2. Water and sewer easements for the City need to be dedicated. Planning & Zoning 1. Applicant is required to address all PUD requirements prior to receiving Occupancy permits for any buildings. 2. This plat meets the requirements of the City of Rexburg Development Code. RECOMMENDATION: Staff recommends that City Council approve the final plat for Rocky Ridge PUD. Council Member Smith asked about the things that staff required. Mr. Rindlisbacher said there are some things that still need to be taken care of but they are not things that affect the arrangement or function; they are usually clerical type things. Council Member Wolfe moved to approve the Final Plat #17-00256 for Rocky Ridge; 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 Mann Council Member Wolfe Council Member Benfield Council Member Busby The motion carried C. Ordinance 911 – Making changes to the booting and towing policy Mayor Merrill opened up discussion about the proposal to amend Ordinance 911 – Booting Ordinance. Council Member Busby asked if this is the same proposal that was presented to them on August 16th. City Attorney Zollinger indicated that this is the same proposal that was presented at the last meeting but it has been cleaned up a little. There were no substantive changes made. Council Member Wolfe remarked that not everyone was in agreement with the last proposal. Attorney Zollinger explained some language was added as discussed at the previous meeting; plus OCHA asked that more detail be added specifying what types of detail the law enforcement officer would include in their report. Council Member Busby pointed out that the proposal on August 16th was the last they had seen. Attorney Zollinger explained that they took out some redundancies and added a section at the end of Section I. The section states: Any parking enforcement or towing company booting or towing a motor vehicle pursuant to this section shall release such vehicle to its owner or authorized agent immediately upon payment sufficient to cover actual costs incurred in booting, towing, storing or providing other services rendered as the result of booting or towing the vehicle as provided in this section or upon request of law enforcement having determined the existence of a disputed claim. In the event the release is directed by law enforcement, adequate identification information will be obtained from the vehicle’s owner and will be given to the parking enforcement company, In addition to facilitating the exchange of identifying information, law enforcement will include within their official parking dispute report, the time 9 the boot or tow was instigated by the parking enforcement company, the location and distance of the vehicle from the closest parking signs, the text displayed on the nearest parking signs and on the sign, if any, posted near the entrances of the parking lot, and whether or not there is a parking permit on the vehicle permitting the vehicle to be parked at its current location at the time the violation was identified. Law enforcement may be called as a witness to testify if the dispute goes to court and additional civil costs may be assessed to the parking violator if he or she is found guilty. Attorney Zollinger does not like the word guilty because it is not a criminal violation but he is willing to leave it. Mayor Merrill explained that they are trying to take the City out of the process as much as possible and turn the process over to the housing owners to manage their own properties as they see fit. The only time that the City would get involved is if the police are called to come arbitrate a dispute and the language has been put in there for them to exchange the information necessary to proceed in a civil manner. Council Member Wolfe asked Attorney Zollinger if he is more comfortable with these amendments. Mr. Zollinger indicated that he thinks this is a better resolution. Council President Smith appreciates the Off Campus Housing Association but when she took her pledge to be on the City Council it was to uphold both the Constitution of the United States and the State of Idaho. We are a nation of laws and she cannot support booting until the legislature changes the wording so that we are not in violation. She thinks we should stick with towing until the law is changed. Council Member Flora asked Attorney Zollinger if these changes will put us in compliance with Idaho state code. Attorney Zollinger said he believes that the attorney general thinks this puts us in a position of defensible behavior. If this is the desire of the community we can survive using this resolution for civil parking disputes. Council Member Flora asked if this amendment takes care of predatory booting. Attorney Zollinger doesn’t believe these changes will remove predatory practices. The new language creates a compromise that is defensible. This is merely a stop gap until the state decides what laws to enact regarding booting. Darren Helm with Guardian Towing & Booting of Rexburg asked if he boots a car and someone wants to press charges, will the city police press charges against the booter. Attorney Zollinger said as long as the nature of the boot is not permanent and they remove it upon the officer’s request then, no, they will not press charges. Council Member Wolfe asked for clarification; if the parking enforcement company boots a car and then they are asked to remove the boot after a police officer arrives and they do not remove the boot, can the booter be charged. Attorney Zollinger stated that the City will not be the ones to initiate that charge but the individual whose car has been immobilized can press charges. What the boot is doing is bringing the two parties together. Mr. Helm asked if this law will increase the complaints. Mayor Merrill indicated that it could increase the number of complaints at the start but once the complainant realizes that they would have to go to court and it will cost more money, they won’t press charges. Council Member Flora asked if the police department is in favor of this amendment. Attorney Zollinger said Chief Turman does support this process until the state legislature discusses it. Council Member Busby asked Mr. Vandersloot and Mrs. Whoolery what their plans are for educating the students. Mrs. Whoolery explained that their goal is for the press to put it in the papers that booting is not illegal. The apartment owners will hold a welcome meeting next week where they will talk to all of their tenants and explain that they will be booting and towing if their vehicle is parked illegally. They re-educate through email every semester. They don’t boot for a week after school starts. Darren Helm stated that his business will not be booting. He will not let the city hold a misdemeanor over his head. This ordinance doesn’t do any good if the state law is still open to allowing misdemeanors for booting a car so his business will be towing. He thinks this ordinance is 10 overkill and the police shouldn’t be involved every time. Once one person figures out that they can get the boot removed others will follow. Council Member Benfield asked why we can’t leave it the way it is until the state makes their decision. Mayor Merrill said without these changes, it definitely violates state law. By doing this it provides a stop gap measure to be able to manage the problem until the legislature makes a decision. Council Member Benfield asked Attorney Zollinger how the changes would differ from the current ordinance and how will the police react differently. Mr. Zollinger explained that this amendment turns it into a temporary situation rather than a permanent ceasure of property. Rachel Whoolery went over the changes to Ordinance 911 – All booters and towers will need to have body cameras on and running from the time that they start the initiation to the time they get paid. Apartment owners will have access to the video. All booting employees must have clear identification. The city has the option to remove a booter’s license. With the police as witnesses it will be documented if it goes to court. Ryan Cobar with RC Booting of Rexburg reported that he will be booting and will support the new ordinance as proposed. He will abide by what is decided. Council Member Wolfe suggested they move forward to get some rules in place before school starts back up. He thinks it will cause more conflict initially but the complainants will quickly realize the consequences of pressing charges. Council Member Wolfe moved to approve the changes to Ordinance 911 as presented; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Council Member Mann appreciates Council President Smith’s concerns. His concern has always been the predatory side of it. He appreciates what Mrs. Whoolery and Mr. Vandersloot have done. Those voting aye Those voting nay Council Member Flora Council President Smith Council Member Wolfe Council Member Mann Council Member Benfield 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): – NONE Ringel property (Ordinance 1172) to rezone at approximately 20 South 12th West (#17 00324) from Rural Residential One (RR1) to Medium-Density Residential 2 (MDR2) for tract 2 and Low-Density Residential 2 (LDR2) for tract 3. B. BILL Introduction: – NONE C. Second Reading: Those items which have been first read: NONE D. Third Reading: Those items which have been second read: 1. Delay 3rd Reading for corrected legal: BILL 1160 – Annexation and zone change from Rural Residential One (RR1) and Transitional Agriculture One (TAG1) to Low Density Residential Two (LDR2) for property in the Impact Area for the City of Rexburg. This property is located at approximately 950 Barney Dairy Road, Madison County, Idaho Mayor’s Business: Mayor Merrill had a Japanese reporter visit the City. They met with BYU-I President Eyring who served a mission in Japan. The reporter felt good about the visit. President Eyring gave him a copy of his book. This visit was sponsored by the REDI 11 people. Companies in Japan are limited on their business growth and they would like to come to the United States and establish branches here. One Japanese company has a branch in Idaho Falls called Sakia Castings that is working with the INL on various things. Mayor Merrill will be attending BYU-I Freshman orientation to welcome the new students. The Army National Guard has 30 soldiers that will be doing some service for the City this Saturday. 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 August 16, 2017 meeting B. Approve the City of Rexburg Bills C. Approve Beer and Wine Licenses Council Member Busby moved to approve the Consent Calendar containing the minutes, city bills and beer and wine licenses; Council Member 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 Mann Council Member Wolfe Council Member Benfield Council Member Busby The motion carried Executive Session per Idaho 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. Discuss a Right -of-Way issue. Council Member Flora moved to go into Executive Session per Idaho State Code 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 – to discuss a right-of-way issue; Council Member Busby seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Mann Council Member Wolfe Council Member Benfield Council Member Busby The motion carried Executive session started at 8:16 P.M. Executive session ended at 9:44 P.M. 12 Council Member Mann moved to authorized Mayor Merrill to negotiate a waiver of conflict with Madison County; Council Member Benfield seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Mann Council Member Wolfe Council Member Benfield Council Member Busby The motion carried Adjournment 9:46 P.M. APPROVED: ____________________________ Jerry Merrill, Mayor Attest: _______________________________ Mary Flanary, Deputy City Clerk