HomeMy WebLinkAboutCouncil Minutes - September 20, 2017.pdf
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September 20, 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
Kyle Ditty said the prayer
William Slade led the pledge
Roll Call of Council Members:
Attending: Council President Smith, Council Member Flora, Council Member Mann, Council
Member Wolfe, and Council Member Busby
Council Member Benfield joined the meeting via internet.
Mayor Merrill was excused.
Council Member Busby move to go into EXECUTIVE SESSION per Idaho Statute 74-206 (f)
To communicate with legal counsel for the public agency to discuss the legal ramifications of
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
Member Wolfe seconded the motion; Council President Smith 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.
The executive session was concluded at 6:50
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 20, 2017
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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. Steve Oakey reported on an article in the Standard Journal, by Lisa Dayley Smith, published
September 15th, 2017. The article stated, during the eclipse, the police department reported they had
no incidents with Airbnb. The City allowed a two week period where short-term rentals were
allowed. The article was about a family’s positive experience of having Airbnb guest stay at their
home. The article stated there were 1,700 guests that stayed in Rexburg as Airbnb guests. The City
has established a task force. He asked City Council to consider speeding up the process to make
Airbnb happen and allow it throughout the city. He suggested City Council to ask more judiciously
and not put this off until the January 2018 deadline.
Council Member Wolfe is on the task force and the committee is moving forward. The committee
has met already. They anticipate a meeting in October. Two weeks after the meeting in October,
the committee will request an item on the Planning & Zoning agenda. The committee is moving as
fast as they can.
Presentations: None
Staff Reports: Finance Officer Nielson did not attend the meeting. He was in Boise for the
ICCTFOA Conference with the Mayor.
A. Finance: - See Monthly Financial Statements
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B. Public Works and Engineering: - Keith Davidson
Public Works Director Davidson reported 5th West up to 2nd South will be paved next week. This will
enable them to open the north portion of that street. 2nd East going North to Wal-Mart up to the North
interchange will have curb and gutter installed next week and paving shortly after. They have started to
plant the trees on Center Street and the last pavers are being installed. In early October, the lights will be
installed along Center Street.
Council President Smith asked when the scheduled completion date for 5th West will be. Director
Davidson indicated that it will probably be a couple of weeks.
Council Member Busby asked what keeps the pavers from lifting with frost heaves. The base prep is the
key, so everything moves at the same rate. Public Works Director Davidson said the snow removal will be a
challenge on Center Street.
Council Member Busby asked if the city’s equipment is ready to go for snow removal and if the new street
shop is finished. Public Works Director Davidson indicated that the mechanics are going through all the
equipment and getting it ready and they are getting a new grader from the county and a new wing to attach
to that grader. They have moved the mixing of the brine out of the shop and into the older steel building
next to the sanitation building. The salt solution can cause rusting. The new shop has been sheet rocked
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and they have painters lined up to begin painting and plumbers will start to install the toilets. They are
getting bids on an air line and once the air line is installed the shop crew will start moving to the new shop;
it will probably be a couple weeks to a month out.
Council Member Flora asked if the city has four graders. Public Works Director Davidson replied yes, but
the city will be selling the smaller grader. Council President Smith asked for a tour of the new shop once it
is completed.
Mayor’s Report:
Lt. Corey Foster reported the police department has three vehicles they need approval for surplus. Two
are patrol cars and one is a detective vehicle. The detective vehicle has about 136,000 miles on it. One of
the marked cars has about 106,000 miles. The other car has 80,000 miles on it and some mechanical
problems beyond the value of the vehicle. In October, they have budgeted for a detective vehicle. The plan
is to trade in all three vehicles and apply the money they receive from the trade towards the cost of a new
detective vehicle. The detective vehicles are typically used cars. The marked patrol cars are significantly
reduced on the state bid system. The patrol vehicles are bought brand new and the police department has
to set them up with all the needed equipment. Some of the pieces of the equipment inside the vehicles will
be reused. Those items that have already been reused may need to be replaced. The police department has
budgeted for three vehicles which they will get some time in November.
Council Member Busby moved to approve the request to surplus the three vehicles as discussed; Council
Member Wolfe seconded the motion; Council President Smith 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 Mann recognized the Experience Rexburg Heritage Festival as a great community event.
He thanked Bret Sampson from BYU-Idaho. Council member, Tisha Flora, was also personally recognized.
He felt the Mayor has done a great job reaching out to the students on the BYU-I campus. This was a
wonderful, successful event. Council President Smith thanked everyone for their hard work.
Public Hearings: – NONE
Items for Consideration:
Thompson Family Farm - Approve Ordinance 1171 (Recommend Suspension of the Rules) for
the Rezone Configuration at Approx. 950 N. Yellowstone Hwy. – (#17-00439) No change in the
size of each zone on the parcel. Zones on parcel will stay CBC, MDR1, and LDR2. (See Dev. Code
p. 219-220; Comp. Plan Ch. 6)
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Community Development Director Christensen said Paul Bringhurst, the applicant, has
requested to change the location of the zones, but not the size; the areas are the same. The
applicant was concerned about the linear arrangement of the present zoning. The staff review from
Planning & Zoning was read. The comprehensive plan shows two uses that cover parts of the
parcel: commercial and low to moderate. The applicant is allowed to ask for this zone change
because the request matches the comprehensive plan. A project is being constructed on the south
that is multi-family. Water and sewer is adjacent to the property. The sewer is at a first-come-first-
serve basis. As developments arise, Director Davidson will look at the individual projects. When
the development is completed, the entrance has to come through the Idaho Transportation
Department (ITD) and be approved by them. A traffic study will be requested. Storm drainage will
also need to be addressed. Staff recommends that we go ahead with the design with a condition of
roads north to south and east to west, for connectivity, going through the parcel. Planning &
Zoning suggested City Council approve the application with the staff request for roads.
Community Development Department
Staff Report
SUBJECT: Rezone Application
File #17-00439 – Thompson Family Farm
APPLICANT: Paul Bringhurst
Alpine, Utah
PROPERTY OWNER: T Family Farms LLC
PURPOSE: Applicant is requesting a reconfiguration of the current zones
CBC; MDR1; and LDR2
PARCEL SIZE: 60.0446 acres
PROPERTY ID: RPRXBCA0174803
PROPERTY LOCATION: Approx. 950 N. Yellowstone Hwy.
Rexburg, ID 83440
AUTHORITY: 6.13c “Council may adopt or reject an amendment to the
Comprehensive Plan.”
STAFF REVIEWS:
Val – Community Development
Applicant is requesting changing the configuration of the existing zones but keeping the sizes the
same.
The comp plan is a planning tool and its boundaries are not required to be exact.
A city street running south to north and one running east to west that divide the property approximately in
half will provide for connection to adjacent properties. Staff is concerned with having low density zoning
adjacent to commercial. If a street separates the two zones then this concern would be mitigated. This would
require that the Commission apply this condition to the zone change.
The proposed changes are compatible with the surrounding zoning.
There is currently a multi-family project being constructed on the property directly to the south.
Keith - Public Works
Water and sewer are adjacent to the property. Sewer capacity is limited and will have to be reviewed as
development happens along this corridor. Access to the property will have to be by approved through the Idaho
Transportation Department. Street configurations will need to be looked at once a development is proposed.
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Once a development is proposed a traffic study will need to be completed to see what the impacts are.
Access onto HWY 33 will need approval through the Idaho Transportation Department. All other
streets will need to be reviewed when a development is proposed.
Storm Drainage will need to be handled on site.
Bonnie – GIS
Description for CBC Zone has error 7th call of South 59*52'15 West should be East.
RECOMMENDATION:
Staff recommends that the Commission take public input and then determine if this request complies with the overall
objectives of the Rexburg Comprehensive Plan and is in the best interest of the Community.
Council Member Busby clarified the storm drainage for this project will not enter the City sewer
system.
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Council Member Brad Wolfe moved to approve Ordinance 1171, the Rezone Configuration, at
Approx. 950 N. Yellowstone Hwy. – (#17-00439) No change in the size of each zone on the parcel.
Zones on parcel will stay CBC, MDR1, and LDR2. Council Member Busby seconded the motion;
Council President Smith 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 Ordinance 1171 and consider the
ordinance third read; Council Member Busby seconded the motion; Council President Smith 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
Council Member Mann asked why the ordinance should be considered third read. City Attorney
Zollinger emphasized that once the hearing is done for a zone change and public input is finished,
there is no reason to modify the Council’s decision and simply prolongs the process unnecessarily.
Mr. Paul Bringhurst wants to get started on the project as soon as possible.
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 1173 (replacing Ordinance 911) AN ORDINANCE OF THE CITY OF
REXBURG, MADISON COUNTY, IDAHO, FORMALLY CALLED “THE TOWING
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AND PARKING ENFORCEMENT ORDINANCE”; REPEALING ORDINANCE 911;
PROVIDING SPECIFICALLY FOR ACTIONS UPON PRIVATE PROPERTY
ASSOCIATED WITH MULTI-FAMILY RESIDENTIAL LOTS; PROVIDING FOR
CIVIL ACTION FOR FAILURE TO COMPLY WITH ANY PROVISIONS OF THIS
ORDINANCE AND SETTING FORTH A VIOLATION OF THIS ORDINANCE
CONSTITUTES AN INFRACTION; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Discussion:
City Attorney Zollinger said the ordinance is before the City Council to be second read. He clarified
the purpose of ordinance is to apply to the booting portion. State statute 49-229 was brought to the
City’s attention. This ordinance would work as a bridge to allow booting as an acceptable practice as
long as the provisions of the ordinance are followed until the state makes a decision on booting. The
towing references were removed from this ordinance. This is a time-sensitive matter because we are
already into the semester. Parking enforcement is an area of critical concern for property owners. If you
are prepared to do so, he suggested that City Council make a motion to approve the ordinance, then
suspend the rules and consider it third read. This ordinance is a band-aid solution until this booting
topic is taken before the state legislature. City Attorney Zollinger suggested this topic will be brought
before the legislature. When the legislature makes their decision, the City will have to modify or repeal
ordinance 1173 to comply. Council President Smith asked about the timing for the legislature’s decision
and when that decision could go into effect. City Attorney Zollinger answered, the legislature has the
ability to make the rules immediately in effect upon passage. This would usually take affect July 1st, 2018
the city can anticipate the changes at the end of the legislative session, late February or early March.
Council Member Mann indicated if the rules are not suspended, they are causing more chaos. This is
not the role of government
Council Member Wolfe moved to suspend the rules for Ordinance 1173; Council Member Flora
seconded the motion; Council President Smith asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora Council President Smith
Council Member Wolfe
Council Member Benfield
Council Member Busby
Council Member Mann
The motion carried.
Council Member Wolfe agreed with Council Member Mann. This is a necessary item needed for the
next six months. He feels it will do more to help than hurt. Council President Smith said she does not
feel comfortable voting for this until the legislature settles the matter. Council Member Mann says his
vote stands due to the predatory aspect of booting.
Council Member Flora moved to approve Ordinance 1173 and consider it third read; Council
Member Wolfe seconded the motion; Council President Smith asked for a vote:
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.
B. BILL Introduction: – NONE
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C. Second Reading: Those items which have been first read: NONE
D. Third Reading: Those items which have been second read:
1. BILL 1160 – Annexation and zone change from Rural Residential One (RR1) and
Transitional Agriculture One (TAG1) to Low Density Residential One (LDR1) and 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
Discussion:
Council President Smith reminded the City Council Members that they were waiting for the
LDR1 to be mapped. The buffer has been placed to allow at least the minimum lot size in LDR1.
The developer was not prepared to place the road there yet. Council Member Flora was concerned
about the corner lot close to the road. There is not sufficient room to go beside the corner lot. A
road in the current plan is not planned to go anywhere. The current proposal from the City’s Public
Works Department is this section of the road would become the beginning of a bicycle path.
Council Member Mann moved to approve BILL 1160 annexation and zone change and consider it
on its third reading from Rural Residential One (RR1) and Transitional Agriculture One (TAG1) to
Low Density Residential One (LDR1) and Low Density Residential Two (LDR2) for property in the
Impact Area for the City of Rexburg; Council Member Wolfe seconded the motion; Council President
Smith 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
Mayor’s Business:
Council Member Wolfe thanked Mr. Sampson for inviting the City Council Members to
the inauguration.
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 September 06, 2017 meeting
B. Approve the City of Rexburg Bills
C. Approve Beer and Wine Licenses
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Council Member Flora moved to approve the Consent Calendar containing the minutes, city bills
and beer and wine licenses; Council Member Busby seconded the motion; Council President Smith
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
City Attorney Zollinger discussed modifying the sound system in the city council chambers. The
microphones will be replaced with mutable, fixed microphones. The microphones will be live unless
you push the mute button. This change is in City Council’s best interest to allow all members to be
recorded.
Council Member Busby made a request for a foam cover over the microphone at the dais for
presentation. The dais will be converted into a presentation dais. There will be a presentation
microphone and will be able to run their presentation themselves. This item has been budgeted
previously, but was a lower priority. Hours have been spent trying to recreate the meetings from
recordings where not all can be heard.
Adjournment 7:34 P.M.
APPROVED:
____________________________
Jerry Merrill, Mayor
Attest:
____________________________________
Tawnya Grover, P&Z Administrative Assistant