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HomeMy WebLinkAboutCouncil Minutes - April 07, 2021i 35 North Is' East Rexburg, ID 83440 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Mikel Walker Tisha Flora Brad Wolfe Bryanna Johnson f pExH URc City Council Minutes ui f April 07, 2021 deborahi@rexburg.org Phone: 208.359.3020 x 2101 E o www.rexburg.org Fax: 208.359.3022 6:30 P.M. Citv Hall Council President Busby said the prayer. City Clerk Lovejoy led the pledge. Roll Call of Council Members: C I TY OF REXBURG Ow America's Family Community City Staff- Stephen taffStephen Zollinger — City Attorney Matt Nielson — Finance Officer Keith Davidson — Public Works Director Alan Parkinson — Planning & Zoning Administrator Scott Johnson — Economic Development Director Deborah Lovejoy — City Clerk Attending: Council Member Johnson, Council Member Mann, Council Member Walker, and Council Member Wolfe, Council President Busby and Mayor Merrill. Council Member Flora asked to be excused. Welcome New City Employees: Alex Owens — Building Safety Electrical Inspector; Haden Breckenridge — Police Department Parking & Safety Attendant, Wesley Robertson Fire Department Mechanic/Technician, Charlotte Foster Parks Department Maintenance Operator (Full Time) Mayor Merrill asked the new city employees to introduce themselves. Alex Owens said he was born and raised in Green River, Wyoming and has lived in Rexburg for about 15 years. He and his wife have been married for 14 years and she is from Rigby. They have two kids a seven- year-old and three-year-old. He has been an electrician for 10 years and is excited to work for the City of Rexburg as the Building Safety Electrical Inspector. Haden Breckenridge said he was born and raised in the Teton Valley. He and his wife Sammy have been married for eight years. They have three children his son Stetson who is two years old, Phoenix another son who is 10 years old and seven-year-old daughter Remington. He and his family have lived in Rexburg for seven years. Charlotte Foster said she was born and raised in Rexburg. She has worked for the City Parks Department part-time for eight years. She is excited to be hired on as full-time employee and enjoys beautifying the city. Mayor's Presentation: Rick Schmitt and Corey Foster Police Chief Turman said Corey Foster started with the Rexburg Police Department in October of 1993 working as the Animal Ordinance Officer. In March of 1995, Mr. Foster completed Peace Officer Standards and Training Academy (POST) and started as police reserve officer. A year later in 1996 he became a patrol police officer. On October 17, 2001, he received the POST Instructor Certification allowing him to teach classes to other police officers. On January 1s' of 2004, he was promoted as Patrol Sergeant over the Rexburg Patrol Division and in July 2006 he received the POST Advanced Certificate. Mr. Foster was promoted in rank to Police Lieutenant and he continued to serve in this rank until retirement. In 2013 he attended and graduated from the Quantico FBI Training Academy. In 2017, he received the Chief Commendation Award for the work he completed in preparation for the eclipse. On December 5', 2020, Mr. Foster retired from the Rexburg Police Department to pursue other career opportunities; however, during his career with the Rexburg Police Department he completed additional training. He trained to become a Firearms Instructor, K9 Officer for many years and Video Examiner for police investigations. There is a plaque at the Police Station called Chief's Firearms Possible Club. For officers to have their names on that plaque they need to score 300 points. He said to earn 300 points, each bullet needs to hit in the place indicated. To give an idea of the type of marksman Mr. Foster is, his name has been placed on the plaque eight times. Chief Turman presented a shadow box with badges, stripes, pins and other awards and thanked Mr. Foster for his 27 years of service with the Rexburg Police Department. Mayor Merrill presented Corey Foster with a City of Rexburg blanket and thanked him for the 27 years of service. He thanked all of the police officers for their service. Police Chief Turman said Rick Schmitt started working for the Rexburg Police Department on August 16`h, 1999 as a patrol officer. Mr. Schmitt worked as a deputy for the Madison County Sheriff's Office for five years prior to coming to work for the police department. In 2002, he received the POST Intermediate Law Enforcement Certificate. In 2005, he received his Post Advance Certificate which is the highest certificate available at the POST Academy. Mr. Schmitt was promoted to Police Sergeant in September of 2007 over the patrol division. On April 15`'', 2012, he was promoted to the Investigation Division as a detective. He was placed over the Drug Taskforce to assist with the drug issues in the city, and make under cover buys, managing informants and arrests. Chief Turman said every January he presents an award to the Officer of the Year. In the year 2020 Mr. Schmitt received the Officer of the Year award, he was selected amongst his peers. On December 18`l', 2020, he decided to retire after 21 years with the Rexburg Police Department and 26 years in law enforcement. During Mr. Schmitt's career with the department, he was a certified firearms specialist and served as a firearms instructor. He also repaired firearms for the police department. He was a certified Accident Reconstructionist which took many hours to complete the certification. Mr. Schmitt was also trained as a video examiner and was on the Chief's Firearms Possible Club six times. Chief Turman thanked Mr. Schmitt for his 26 years of service in law enforcement. Mayor Merrill also presented Rick Schmitt with a City of Rexburg blanket and thanked him for his 26 years of service. He mentioned the hardship the Detective Division has undergone due to some difficult cases. These cases have been physically and mentally straining for the detectives investigating these cases. Presentation: Support for an English Learning Center in Guatemala — Douglas and Rebecca Tedford. Dr. Douglas Tedford said he was born in Illinois and grew up in St. Louis, Missouri. He attended Brigham Young University in Provo, Utah, University of Southern California, and Walden University. He is a textbook writer for learners of the English language. He and his wife Rebecca Chaves have raised three daughters, one of which is studying Political Science at BYU-Idaho. He introduced his daughter Allison and Makayla De Mayo. He said together they form a core planning team for a development of a project called Kronos English to assist people in learning English. In 2006, when his family lived in Laredo, Texas he worked for the Department of Health and Family Services. They would drive from Texas to Guatemala to set up teacher training and community workshops. Dr. Tedford said he would like to share the purposes of the Kronos English project and is seeking support in networking for funding to start up the project. Rebecca Tedford said she was a missionary in Guatemala and Mexico. She met her husband while visiting relatives in Los Angeles, California. She and her husband lived in Mexico for fourteen years. She said during their time in Mexico her husband worked in the publishing industry. Dr. Tedford explained the Paradigm of Educational Attrition Guatemala/Latin America Persistence tied to geography, economic, expectations. The Koronos English will help the people of Guatemala because it is based on research that has won international awards for textbooks he has published. He has been actively working with the people of Guatemala and has seen firsthand how the program is working. He said his goal is to build up Guatemala in a sustainable way to regenerate hope and belief in the people to initiate progress. Mrs.Tedford mentioned Dr. Tedford's English Virtual Campus of the Rigoberta Mechu Foundation and his college English series Identities, in collaboration with the publisher, Cengage Learning Mexico. His research was awarded by the Association for Education and Communications Technology and commended by Nobel Peace Prize laureate Rigoberta Menchu. 2 Paradigm of Educational Attrition Guatemala/ Latin America Persistence tied to geography, economics, expectations. Need for introduction of English learning resources leading to qualification for English teaching, or work in call centers, government and tourism vocations - Guatemala underclass. I. ACCULTURATION OR TOTAL A all -English private schools ASSIMILATION WITH WESTERN (American, British, Australian) 1 CULTURES Guatemalan upper classes - expectations for use of B lower-cost bilingual private English as part of success schoolst some courses in English . ASPIRATIONAL -FIT N x(embcrs of fhe B b acket may stnxJg a xrm baste WITH WESTERN CULTURES: >=n9o'rsn°"tacxteomwkxjyandiwe yskins. Fa pl membcvs may have xnded education. Guatemalan middle to lower - C public schools - larger towns upper classes - English is a ticket to greater opportunities and cities - may offer EFL and can pay for education C bracxet members have United or no Engksh sldils, and may lack funds fortechnology. They III. APATHYABOUT work to support Fa ly finances. Famd y bens may have kmited ed—bort LINREACHED CHANGE Guatemalan lower classes and underclass - D rural public schools daily subsistence challenges W—b­ fa (he D bracket {also known English ticket out of poverty asmeunderclass)aresurvivingday-ro- but cant pay for classes day, arra may be sooWy ostmuzed Farruly members have Imuled ed,,&-_ Dr. Tedford also mentioned his College English series Identities. The Kronos English Project will not only teach English to the people, it will teach the people how to teach English. 14 LT4. , 3 - -- - -- ® 6earninWJ menaiuoer. Her - _ _ pada are Fla and he "nal 2 m 12 among Ibe lr ^" partidpari6 In the orgrel study, with vtun we have '- nlalhained proresslorcal contact 1�ty —•-_ fII�'dr. .- IJSCROssier ; CENGAGE 48 LMS Study Units based on Or. Tedford's Dr. Doug Tedford " Learning- Identities series--- 192 hours leading to s`t"°�°r�"""°" g Intermediate Proficiency and Practice To EFL Product Manager -Mexico Author of Identities Methodology based on research... Onsite and_ :— Online Vocational I Lifesltills Coaching Support - - - KronosEnglish follows CEFR Al to B2 Grammar/ Vocabulary Framework Phases -A:299s-11 B2o12-18 02919 -present Mrs. Tedford showed pictures of a teacher she and her husband have worked with and are now teaching English. A teacher in Guatemala earns about $100 a month and some only make about $35 a month. Allison Tedford said she is a senior at BYU-Idaho and she is majoring in Political Science with an emphasis in Foreign Affairs. She is pursuing a career in International Law and Human Rights Law. She said she has a passion for the people of Guatemala. She said she recalls her parents teaching English to the people of Guatemala when she was child. When she was sixteen years old, she lived in Guatemala for three months and taught English. The people of Guatemala are desirous to learn English and know the value of learning English to better their lives. Makayla De Mayo said she is currently a student at BYU-Idaho and she is majoring in communications. She will be creating the website for the Kronos English Project. She will also be creating a Public Relations plan for the project. When serving a mission for her church, she would teach English and self-reliance classes. The process is the same to help people realize their potential to become anything they want to become. Dr. Tedford said his project is not competing with other English Programs. He mentioned his personal recommendations from: Elder Jose Alonso, First Quorum of the Seventy Adonay Obando, previous Area Seventy, Mexico Armando Gonzalez M., Director, Church Media Committee, Mexico Area Offices Christopher Moore, LDS Philanthropies Jeff Jones, former Federal Secretary of Agriculture, Mexico Professional and Character Recommendations, together with CV and work samples of all Kronos English team members are available upon request to: douglastedford@gmail.com Dr. Tedford reviewed the start-up resources needed to move the Kronos English Project forward. Teaching Services LatinAmerica START-UP RESOURCES SOUGHT NEED: FINANCIAL RESOURCES RECEIVED/ NEEDED: IN-KIND Pre -Opening: 80000 establishTSlAfoundation - Idaho 1,400.00 establish Guatemala foundation 40000 website 12 months kronosenglish.org 31,200. DO online course development f creation 5,000.00 construction oversight - 10 months 6,100.00 travel: local agreements, fundraising DONATED property and aachitecturdl design IN KIND building materials - n -country IN KIND construction ldbor - volunteers SOO.00jmo. sdlanesofkxelsteff-foodfresidence, (in session) record keeping, computer lab oversight 2,500.001mo, program direction, mentors, intem (in session) pldnning, academic evaluation Mayor Merrill explained the humanitarian aspects of this project is one of the reasons he encouraged the Tedfords to make their presentation to City Council. The recent events showing immigrants fleeing their countries trying to reach the United States have also influenced him to support this project. He said by supporting the Tedfords with their project to teach people English, so they have an increased opportunity in their own counties is a benefit to everyone. Mayor Merrill said he asked the Tedfords to present their project to the service clubs to hopefully generate more support. He said the city does not donate funds to these types of organizations; however, City Council can help encourage citizens and private business to support these organizations. 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. NONE Lance Schuster said he is an attorney with the law firm Beard, St. Clair, Gaffney, and he is representing Ruben Miller. There is development occurring near the Miller's property and because of the development there are several drainage ditches being filled in by the developer. The ditches are used for stormwater drainage and if they are filled in it could result in flooding. He is informing City Council of this issue because they will be making a decision to rezone 525 E 7`b N from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1). This property is adjacent to Mr. Miller's property. He recommends City Council table the decision to rezone the property until the issues regarding the ditches are addressed. Ruben Miller said he brought forward the issue of filling in the drainage ditches at the Planning and Zoning meeting. There was another issue he noticed with city staff refusing to send the platting sheets to the Fremont/Madison Irrigation District. By submitting the plats to the irrigation district, they would then indicate where the drainage ditches are located and a plans would be implemented so the ditches aren't filled. The plats should also be submitted and reviewed by the irrigation district before final approval by City Council. This vital step in the plat process has been omitted. City Attorney Zollinger explained for years the city has required the developer to ascertain a notarized document stating they have complied with the statutes related to water districts and if the developer doesn't provide the document, they would not be incompliance. City staff has never not cooperated with Fremont/Madison Irrigation District. The city is not the entity that normally provides them with plats; it is required of the developer by the city. He said city staff has not been able to find the documentation with regards to the ditch near Mr. Millers property. City Attorney Zollinger said Mr. Schuster informed him of the situation when he was out of town so he didn't have time to obtain the document from the developer. Mr. Miller said there is a serious issue with not having the Irrigation District be involved in the plat process because the land being developed is flood irrigated land. The land is below grade from the road with no place for the water to drain. 2 Roger Muir said he is the president of the Canal Company. The Canal Company services everything north of the river. He has never had any communication with a developer on any project. He believes the Canal Company would have more input than the Fremont/Madison Irrigation District because they handle all of the storage water and natural flow water. He said the reason he is involved in this matter is because he waters one section of land near this property and there are three others who water two other properties from that irrigation ditch. He said during their discussion with an associate from Connect Engineering regarding the ditch, he mentioned they run a large stream of water for about two miles towards the apartments and a retention pond would be needed to handle the run-off water. The retention pond was not built to handle the access water. Mr. Muir said he will no longer rely on a verbal agreement and will require a written agreement moving forward. Staff Reports: A. Finance: -Matt Nielson Finance Officer Nielson said he did not have a report; however, was open to questions the City Council may have. Council Member Johnson asked if there is new information regarding the Covid-19 federal relief funds. Finance Officer Nielson said he has not been informed of any new information regarding the new Covid-19 funds. B. Public Works: — Keith Davidson 1. Surplus equipment for local auction on April 17t', 2021 Public Works Director Davidson said Auctioneer Gal Harding informed him of an upcoming auction where there will be surplus equipment from the Street Department including: 1. Broom for a Bobcat 2. Loader Arms for a small John Deer Tractor 3. Truck Snow Blade — Plow 4. 4 Way Hydraulic Blade for Front of Grader 5. Piler with hopper 6. Alliance 4000 Mechanical Sweeper — Johnston 4000 Mechanical Sweeper 7. Tailgate Paver 8. Paint Sprayers 9. Point Blade Mayor Merrill said he met with Idaho Transportation Department (ITD) representatives and one of them mentioned the hot asphalt plants where they purchase their asphalt will be opening on Monday. He said hopefully all of the potholes on Main Street can be filled. Council President Busby moved to approve to surplus and auction the equipment listed above at the local auction on April 17`l', 2021; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those votingave Those voting naX Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Mavor's Report: Mayor Merrill reported he and Council Member Wolfe met with Trent Cichos, and his mother Joan Cichos to accept their $150,000 donation for the baseball quad. The name they chose for the baseball quad will be DONJO Sport Complex in honor of Mr. Cichos's mother and late father. A ribbon cutting to open the complex will be sometime in June on the day of the first baseball tournament. Council Member Wolfe expressed his gratitude for the Cichos Family and their generosity toward the community of Rexburg. 5 Mayor Merrill reported the City Employee Open House at the Romance Theater is scheduled on May 19`'' The city employees will have an opportunity to tour the theater after its recent remodel. The Airshow is scheduled for June 19`' at the airport. On June 9' —June 12`' The Yellowstone Cup soccer tournament will be held, and The Teton Dam Marathon is scheduled on June 5`''. Items for Consideration: A. Resolution 2021— 05 Destruction of Records — Hard Copies of Scanned and Archived Building and Land Use Records from 2020 to 2009; and Semi -Permanent Building and Land Use Records from 2008 and Older, Utility Billing Receipts and Work Orders from 2015-1995, Accounts Payable Checks Hard Copies 2017 —1995, see resolution for further record list — Stephen Zollinger City Clerk Lovejoy explained the records have been scanned and stored electronically and city staff is recommending the disposal of the hardcopies. The hardcopies are currently taking up about 30 file cabinets of space. Destroying the records will free up needed space. There are building plans still needing to be scanned to store electronically and there are other documents being stored that don't meet the retention policy. Mayor Merrill asked about the process to ensure the electronic files are not lost. City Clerk Lovejoy replied the electronic files are backed up on site and off site. The documents being destroyed are not historical in nature or governing documents, these documents are stored digitally, and the hard copies are kept in a fireproof vault. Resolution Authorizing Destruction of Records Resolution No 2021- 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, AUTHORIZING DESTRUCTION OF RECORDS. WHEREAS, Idaho Code 50-907 requires the City Council to authorize destruction of semi-permanent and temporary public records that have met the minimum retention period provided by the city's records retention schedule and are no longer required by law or for city business; and, WHEREAS, the City Clerk of the City of Rexburg, Idaho has requested that certain records be authorized for destruction; and, WHEREAS, approval for the destruction of the below listed records has been obtained from the Idaho State Historical Society and the City Attorney, as provided by Idaho Code 50-907. See Attachment "Resolution 2021-05 for Destruction List" NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO, THAT THE FOLLOWING RECORDS ARE AUTHORIZED TO BE DESTROYED. The administrative staff of the City is authorized to take all necessary steps to carry out the authorization provided by this Resolution. PASSED BY THE CITY COUNCIL April _, 2021. SIGNED BY THE MAYOR April _, 2021 Jerry Merrill, City of Rexburg Mayor ATTEST: Deborah Lovejoy, City Clerk Attachment: Records for Destruction List Resolution 2921- 05 Records for Deatmction Liar - Haid Copies Drill' leJ Date!um. DoomnmtName%Type Fr. I To I Elecmomic YIN Utih-EllLo-Receipts 2015 1995 N UtLLyMhzigWink Orde[s 2015 1995 Y Aomunts Parable CheckCopaes & Supporting Doc=_ 2017 1445 YtD 2006 Park SP EhEr, Romauce Theater, T`abe=&E, Sign Resen-ation Apps 2015 2408 N CRntuiv Link Rx w Mcmitain Power & htte**nvanUin Gas Daily Receipts & Reports 2018 2013 N Non-Contmerrial & Nan-GDre Enol Building Pmjects - Building kpplicatinns, Plans, and Specifications 2007 1445 N Faienztion Repoets"Dighnes 2015 2008 N Bmsiness Raga nation Apphutirm & Certificate=- 2015 1445 Y to 2411 Public GathEM3!,:(Pax3de Peun'.ts 2017 2002 N Road Closure Permits 2017 2002 N leJ IDarly Cash Receipts 2015 20M N Daily Cash Sheets 2015 2000 N Cancelled Checks - Pa=ll Aomtmn 2005 200 N Caacelled Checks - Ganem Account 2008 2000 N Fegm2itwns and Purchase Orden !land copies 2015 1995 Y to 20x6 oco+ Receicahle Paid Invoices 2015 2000 Y to 2006 Twp Wc& Orders Hard Copses 2015 2000 Y Building Hard Cops Docurrienaucin - Apphcab ar. Affi&nt, Strutt -Ai Calculations, Recheck or Camck Eck, T= Specs, Floor joists, Load short focus, CnntractoeL list, Receipts, Inspection ticket=, Buud¢ib Permit&, C`n�te of O cnpancy, Lnages , Small Plan.+Sine Plans, Letters and email correspondences, Product infnmaation, Memo¢andLun, Reeievyactkm and Fmgineermg notes 2020 2005 3i Land Use Hard Cops Documentation- Application, AfHdrzt of Legal :r'eeest, Pnool: of D%,n■xship— LLC Pap=o:k Deeds, Trust mamagem end Cosecant Drafts, Plats, Pindmgs of Pact or Reason for Dceisio¢L, C,Dmspandence, Site Plans, Fececc Reports, Staff Reports, LAcuaits Map,, Receipts, CommunitWritten ResponsEE, 01gn Design Piatn s, Fmtiag Pxtura% MaRing RPnoids, haspection TicbRts, Public louses mpies,Derelopmenr Code Ordhmice Amendment Drafts, Prmte,d 5. Mutes, Propertc Legal Descriptions & Ha=-ement Deacnptians, Returned UA. ConditionalUse Pe=t copses, fi r++ficates of Occupancy, Fax Sheets, Plans, Struaft*al Caltmlatien% Pxb=, Presentation Dom iuchr painted PoweerPm=, Drainage and Georechmcai Repart;, Cudmanoe fogies 2020 20M Y Council Member Walker moved to approve Resolution 2021 — 05 Destruction of Records; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Those voting naX None B. Planning & Zoning Recommendation to Rezone approximately 525 E 7`l' N from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1) #21-00063. Designated as Ordinance No 1257 if Motion Passes and Considered 1St Read — Alan Parkinson ORDINANCE NO 1257 Rezone Approximately 525 East 7th North, Rexburg, Idaho to Medium Density Residential 1 (MDR1) AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council President Busby questioned if a signature line could be added to the plat for an Irrigation District Representative and or Canal Company Representative to sign. City Attorney Zollinger said the signature line is already part of the plat. Once all of the required signatures are on the plat; it is recorded at the Madison County Clerk's Office. The only time the Canal Company and Irrigation District representative's signature is needed is when it involves a property near a water district. Mayor Merrill questioned if the plat doesn't have the required signatures from the water companies? What will the process of rectifying the issue when the development has already been established? City Attorney Zollinger explained if the developer has not met the requirements of the statute the city will reject any future plat applications until the current plat is brought into compliance and require the developer to restore the 7 drainage ditch if in fact the ditch is required. City Attorney Zollinger said with regards to Mr. Muir's concerns he is unaware of the agreement to have a retention pond or to reconstruct the drainage ditch. The developer will need to be present to clarify the agreement. City Attorney Zollinger indicated the decision before City Council is a completely different matter; it's about a rezone of a different property. Mayor Merrill said the rezone request may be a different matter than the drainage ditch being filled; however, the request is being made by the same developer. Mayor Merrill requested a plan be implement by city staff to include the Irrigation District and Canal Company when required, to avoid any further issues. Council Member Johnson said when reviewing the Planning and Zoning Meeting Minutes she noticed comments from several residents expressing their concerns with the rezone due to inadequate infrastructure. She said generally Medium Density Residential is located by city parks to allow pedestrian walkways. There isn't a city park located at this section of the city. Council Member Mann expressed his concerns with high density spreading to the outer city limits leaving a lot of property in between. He is also concerned with high density being so close to an established subdivision and doesn't believe that is the proper long-term planning. The preservation of established subdivisions is vital to the city. Council President Busby said he is in favor of tabling the item to be able to address some of the issues presented tonight. Council President Busby moved to table Ordinance No. 1257 the Rezone approximately 525 E 7`l' N from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1); Council Member Mann seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried C. Planning & Zoning Recommendation to extend zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12t1 W and parcel numbers RPR6N39E260006 and RPR6N39E260007 #21-00084. Designated as Ordinance No 1258 if Motion Passes and Considered Ft Read — Alan Parkinson Jared Kay explained the rezone request to extend the Community Business Center (CBC) Zone and the MDR2 Zone to the west of the property and completely remove the Low Density Residential Two (LDR2) Zone. This change will allow 12' West to be completed and the city would be given 100 feet of right of way. The extension of the CBC Zone will allow for a commercial subdivision and better lots similar to the lots near the Valley Wide Cooperative. The MDR2 Zone would be behind the CBC Zone. He said he doesn't foresee many single-family housing being built near Highway 33. Lisa Wood said she is not in favor of this rezone even though her property isn't currently in the city limits; it may be in the future. There are larger lots and homes near the proposed zone change. She fears her property taxes will increase and her property will be annexed into the city. The increased traffic to turn onto Highway 33 will cause issues with the MDR2 Zone being allowed. There are many large semi -trucks traveling this section of Highway 33. If the rezone request is approved, it will interfere with her neighborhood where she has lived for 15 years. Some of her neighbors have lived there longer than she has and have voiced the same concerns to her. Discussion regarding the number of access allowed by the Idaho Transportation Department (ITD) on highways. Planning and Zoning Administrator Parkinson said the MDR2 Zone will require two entrances, one entrance from Highway 33 and the other from the commercial side onto 12`x' West. Council Member Mann expressed concerns with the amount of traffic and the curve on Highway 33. Planning and Zoning Administrator Parkinson said city staff has met with ITD regarding the rezone change and have requested the speed limit be reduced to 35 miles per hour. The 120 to 125 feet of right-of-way will allow for four lanes of traffic with a turning lane to assist with traffic flow. There are other lanes that may be required to alleviate traffic issues. Council President Busby asked for the number of acres in the MDR2 Zone. Planning and Zoning Administrator Parkinson replied there are eight acres in the MDR2 Zone for this rezone request. ORDINANCE NO 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at Approximately 20 South 12th West and Parcel Numbers RPR6N39E260006 and RPR6N39E260007 in Rexburg, Idaho AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Proposed Zoning Extension of Community 3u91ness center and Medium Density Residential 2 W Yarn st r w S r nese 1� za..nwow 1YdbN.Oww. �NMEb MYM� r.��lYa.4l Council President Busby moved to approve Ordinance No. 1258 to extend zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12' W and parcel numbers RPR6N39E260006 and RPR6N39E260007 and consider first read; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those votingave Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Calendared Bills and Tabled Items: Those voting nav None A. Second Reading_ Those items which have been first read: a. Ordinance No 1255 Driving with Pedestrian and Bicycles Safety Amendment to Rexburg Municipal Code (RMC) 510.4 ARTICLE I Driving. Stephen Zollinger I CITY OF REXBURG ORDINANCE 1255 DRIVING WITH BICYCLES AND PEDESTRIANS AN ORDINANCE PROVIDING FOR CERTAIN SAFETY REGULATIONS FOR DRIVING AMONGST BICYCLIST AND PEDESTRIAN TRAFFIC; AMENDING CITY OF REX BURG, MADISON COU NTY, IDA HOORDINANCE NO.482 WITH THE ADDITION OF SECTION 10.04.120 TITLED DRIVING WITH BICYCLES AN D PEDESTRIANS; REQUIRING A SAFE DISTANCE OF AT LEAST THREE (3) FEET BETWEEN A MOTOR VEHICLE AND BICY{ LE OR PEDESTRIAN WHILE PASSING; To PROVIDE FOR A PENALTY OF INFRACTION FOR MALICIOUS INT[M]DATION OR HARRASSMEYT TO PEDESTRIANS AND BICYLISTS; AND REPEALING OF ORDINANCES OR PART'S OF ORDINANCES IN CONFLICT HEREWITH; PROVIDINGASAV ING CLAUSE; AND PROVIDING WHEN THE ORDINANCE SHALL BECOME EFFECTIVE. Council Member Johnson moved to approve Ordinance No. 1255 Driving with Pedestrian and Bicycles Safety Amendment to Rexburg Municipal Code (RMC) §10.4. and consider second read; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those votingave Those voting nab Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried b. Ordinance No 1254 Rezone 165 & 191 N 1" W from Light Industrial (LI) to High Density Residential 1 (HDR1) #20-00928. Alan Parkinson ORDINANCE NO 1254 Rezone Approximately 165 & 191 N 1st W, Rexburg, Idaho to High Density Residential 1 (HDR1) AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Proposed Remne from Light Industrial to Hogh Density Residential 1 10 W . u TrM PWIUM 4 5 � 4 IM Y M _, I. 1 L ■. 1 Council Member Johnson moved to approve Ordinance No. 1255 Driving with Pedestrian and Bicycles Safety Amendment to Rexburg Municipal Code (RMC) §10.4. and consider second read; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those votingave Those voting nab Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried b. Ordinance No 1254 Rezone 165 & 191 N 1" W from Light Industrial (LI) to High Density Residential 1 (HDR1) #20-00928. Alan Parkinson ORDINANCE NO 1254 Rezone Approximately 165 & 191 N 1st W, Rexburg, Idaho to High Density Residential 1 (HDR1) AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Proposed Remne from Light Industrial to Hogh Density Residential 1 10 W Council Member Walker moved to approve Ordinance No. 1254 the Rezone at approximately 165 & 191 N 1" W from Light Industrial (LI) to High Density Residential 1 (HDR1) and consider second read; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those votingave Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Those voting naX None c. Ordinance No 1253 Amend Development Code Ord No 1200 Mixed Use (MU) Zone — Requirements for mixture of residential and commercial, permitted uses, and yard requirements amended. Some density and parking requirements have been removed #21- 00074. Alan Parkinson CITY OF REXBURG ORDINANCE 1253 DEVELOPMENT CODE ORDINANCE 1200 AMENDMENT - MIXED USE (MU) ZONE AN ORDINANCE AMEN GING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON -SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE. AMEND 5.01.010 TO REQUIRE COMMERCIAL ELEMENT TO BE ONE -THOUSAND (1,000) SQ. FT OR 10% OF FOOTPRINT AND 100% COMMERCIAL ELEMENT FACING MAIN ST IN DOWNTOWN AREA; AMEND 5.01.020 PERMITTED USES; AMEND 5.01.080 DENSITY REQUIREMENTS; AMEND 5,01,090 FRONT YARD SETBACK REQUIREMENTS FOR COMMERCIAL AND RESIDENTIAL ELEMENTS, LANDSCAPING REQUIREMENTS, REMOVAL OF TOWNHOUSE REQUIREMENTS ADJACENT TO THE RIGHT-OF-WAY, AND REMOYALOF NON-COMPLIANT FRONT YARD SETBACK, LANDSCAPING, AND PARKING NEAR FRONT YARD REQUIREMENTS; AMEND 5.01.110 SIDNI:ALK ACCESS REQUIREMENTS, AMEND 5.01.130 PARKING AND LOADING REQUIREMENTS REMOVING TOWNHOUSE REQUIRMENTS; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. Council Member Wolfe moved to approve Ordinance No. 1253 to Amend Development Code Ordinance No 1200 Mixed Use (MU) Zone — Requirements for mixture of residential and commercial, permitted uses, and yard requirements amended with some density and parking requirements being removed and considered second read; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those votingave Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Those voting naX None B. Third Reading: Those items which have been second read: NONE Mav_ or's Business: A. Proclamation 2021— 03 Week of the Young Child April 10`h — 16`h, 2021 Mayor Merrill read Proclamation 2021 — 03 Week of the Young Child April 10t' — 16`h, 2021. PROCLAMATION No. 2021— 03 April 10-16, 2021 as Week of the Young ChildTM 11 WHEREAS, the City of Rexburg along with Idaho Association for the Education of Young Children (Idaho AEYC) and National Association for the Education of Young Children (NAEYC), are celebrating the Week of the Young Chi1dTM, April 10-16, 2021; and WHEREAS, these organizations are working to promote and inspire high-quality early childhood experiences for our state's youngest citizens, that can provide a foundation of learning and success for children in Rexburg, Idaho; and WHEREAS, teachers and others who work with or on behalf of young children birth through age eight, who make a difference in the lives of young children in Rexburg, Idaho deserve thanks and recognition; and WHEREAS, public policies that support early learning for all young children are crucial to young children's futures and to the prosperity of our society. NOW, THEREFORE, I, Jerry Merrill, Mayor of the City of Rexburg, do hereby proclaim April 10-16, 2020 as Week of the Young ChildTMin Rexburg, Idaho and encourage all citizens to work to support and invest in early childhood in Rexburg. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City ofRexburg to be affixed this 7h day ofApril in the year of our Lord two thousand twenty-one. APPROVED. SEAL Jerry Merrill, Mayor ATTEST.• Deborah Lovejoy, City Clerk Council President Busby moved to ratify Proclamation 2021-03 Week of the Young Child April 10``' — 16"', 2021; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting naX Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Discussion regarding the city Social Media Strategist part-time position being advertised and if there is budget for the position. Mayor Merrill explained a representative with Horizon Power contacted him to discuss the donation of solar panels for the Teton Lakes Club House. He invited Preston Burt a representative of Horizon Power to inform City Council regarding their donation of solar panels. Mr. Burt said Horizon Power has made Rexburg their home and they are one of a few solar companies based in Idaho. The club house will save about half on their power bill with the installation of the solar panels. Council President Busby expressed his appreciation for Horizon Power's generosity. 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 March 17, 2021 Meeting B. Approve the City of Rexburg Bills 12 Council Member Wolfe moved to approve the Consent Calendar containing the minutes and city bills; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Those voting naX None Executive Session: Roll Call Vote for Motion to Enter into Executive Session per Idaho State Statute 74-206 (1) (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; Council President Busby moved to approve to Enter into Executive Session per Idaho State Statute 74-206 (1) (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; the Consent Calendar containing the minutes and city bills; Council Member Walker seconded the motion; Mayor Merrill asked for a roll call vote: Those votingave Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Executive Session started at 8:36 P.M. Executive Session Ended at 9:54 P.M. Adjournment 9:55 P.M. Attest: Marianna Gonzalez, Deputy City Clerk 13 APPROVED: Those voting nay None Jerry Merrill, Mayor