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Home My WebLink AboutCouncil Minutes - September 15, 2021 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Mikel Walker Tisha Flora Brad Wolfe Bryanna Johnson City Staff: Stephen 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 5:00 P.M. Joint City Council & Planning & Zoning Work Meeting – Mobile Food Court Ordinance Those in attendance from Planning & Zoning: Greg Blacker, Vince Haley, David Pulsipher, Todd Marx and Bruce Casper Those in attendance from City Council: Council Member Johnson, Council Member Mann, Council Member Walker, Council Member Wolfe, Council Member Flora, and Mayor Merrill. Mayor Merrill welcomed everyone. He had everyone introduce themselves and then turned the time over to Planning & Zoning Administrator, Alan Parkinson. Administrator Parkinson presented the changes to the ordinance. He explained the different definitions associated with the ordinance: Seasonal Vendor, Food Court Vendor, Sidewalk Vendor, and Street Vendor. / / Administrator Parkinson reviewed the benefits for Mobile Food Courts. / Administrator Parkinson reviewed the requirement for Mobile Food Courts / Administrator Parkinson reviewed the benefits for street/sidewalk vendors and the requirements / Administrator Parkinson explained that seasonal vendors need to provide restrooms, whether it be a port-a-pottie or permission from the store next to them to use their restrooms. License fees are higher for mobile food vendors to offset the impact fees that brick and mortar businesses pay. The fee is $250 per year. Kelly McKamey doesn’t agree with the higher license fees for mobile vendors. Council Member Flora explained that its like a small impact fee for those vendors to help with the impact on streets, sewer, etc. Kelly McKamey would like to see numbers to prove that mobile vendors have an impact on city infrastructure. Discussion about property owners paying impact fees and vendors also paying fees on the same property. Mayor Merrill explained the reason for impact fees. Rexburg has one of the lowest tax levy rates in Idaho, so the city established impact fees to keep up with growth. Terri Potter commented that when growing like Rexburg is, there needs to be fees to keep the city clean and organized. He likes the way the government is run here. He was a land developer in Seattle for forty years. Jessica Mortenson, Owner of Karie Anne’s said the increase for her business license is fine but for someone just doing events it might be hard. Administrator Parkinson said those temporary event vendors do not get charged the higher fee. Dave Thompson indicated that most vendors are not concerned about the fees but other things like the propane only for generators is a problem and keeping generators enclosed. Administrator Parkinson explained that those regulations were already in the ordinance, but they want to look at these types of problems and figure out a solution to make things easier for the vendors. Discussion about time lapse in discussions. The last discussion about mobile food vendors was two years ago. Council Member Flora wants to make it easier for those with large generators. She wants to make things easier for all the vendors. Commissioner Vince Haley indicated that Planning & Zoning wanted these changes to take effect by Jan 1st. Discussion about the changes needing to be published again before voting on it. Decisions need to be made regarding generators, the fuel allowed for them, fees, and restrooms. Dave Thompson is not opposed to the regulations, but he commented that barbeque vendors whose grills are not enclosed could not do business in Rexburg according to the regulations that are already in the code. Bryan Klingler doesn’t believe regulating is necessary and can drive people out of business. His grandpa had a small temporary business in California, and they finally regulated him out of business. Mayor Merrill said they are trying to make it easier for vendors. Commissioner Haley commented that they have been looking for public comment. He wants proposed changes at the next meeting and a timeline for getting this ordinance finalized. Council Member Johnson agreed that she would also like to hear more from the vendors. Administrator Parkinson proposed that everyone get their concerns and solutions to City Clerk Lovejoy. Information will be gathered and then possibly another meeting will be held. 6:30 P.M. City Hall Prayer - Mayor Merrill Pledge – Council Member Johnson Roll Call of Council Members: Attending: Council Member Johnson, Council Member Mann, Council Member Walker, Council Member Wolfe, Council Member Flora and Mayor Merrill. Council Member Busby asked to be excused. Welcome New City Employee: Wes Robertson – Fire Department Mechanic Mayor Merrill asked Wes Robertson to introduce himself. Wes Robertson said he was born in Rexburg and raised in Rigby. He attended BYU-I, majoring in Welding Engineering. He certified in diesel technology and motorcycle mechanics from UTI. He has a business degree from BYU-I. He is now the mechanic for the fire department which involves a wide variety of responsibilities. Council Member Walker commented that he visited with Chief Child and Chief Miskin. The Fire Department is very pleased to have Wes as the new mechanic. Presentations: “Teaching About the Constitution” – David Reeser, Madison High School Government Teacher Mr. Reeser indicated that Constitution Day is Friday, but they will celebrate on Monday due to homecoming. The government teachers at the high school try to make learning about government fun. They do trivia during lunch. They talk about the constitution all the time in class. Most of their learning is directly from the constitution. He gave each council member a booklet with the Constitution, Declaration of Independence etc. This becomes the textbook for class. Each student gets to write their own bill in class. The kids have fun with that. One student gets to be the president and decide on the bills. They do research and offer suggestions. They hold mock trials. He is thankful for the city council and mayor for their patience and willingness to visit with the students during their assignments. Project Citizen is one of their big projects that they do every year. His favorite moments are when the students get something done through their work. He talked about some of the accomplishments his students have made through their Project Citizen projects. Yellowstone Teton Territory Update on Tourism – Chris Mann, Chamber of Commerce CEO Council Member Mann introduce Jeanine Nielson from the Chamber who is the Administrative Assistant for the Yellowstone Teton Territory and does a lot of the work. Council Member Mann indicated that he is the grant manager for Yellowstone Teton Territory. Their revenue comes from the 2% bedding tax that Idaho has. He talked about the millions of tourists that come through Idaho each year. Tourism is a big financial impact, community impact and local government impact. Tourism generates thousands of jobs; however, finding employees has been difficult during the COVID pandemic. Providing emergency services to tourists has become expensive for some cities. Council Member Mann reviewed the growth in the grant money they receive. Their current grant amount is $738,127. That is how much growth there has been in hotel and short-term rentals. / Much of that money goes toward producing travel guides on tourism and promoting area businesses. They print over 100,000 guides each year. They do all they can to promote Rexburg in their guides. / Council Member Mann indicated that there is a direct benefit to having the Rexburg Area Chamber of Commerce in charge a $750,000 grant that promotes Rexburg and this area. 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. Committee Liaison Assignments for 2021: A. Council Member Mann: M.E.P.I. · Legacy Flight Museum Council Member Mann reported Legacy Flight Museum has not met and MEPI has not met. B. Council President Busby: Cultural Arts/Museum Events · School Board · M.U.S.I.C. Council President Busby was not in attendance. Mayor Merrill indicated that the Cultural Arts Department held their first Friday art Stroll and it went well. That event will continue every month. There will be a Napoleon Dynamite interactive event on Saturday. The school district is working on cleaning up the quad area. C. Council Member Walker: MYAB · Traffic & Safety Council Member Walker reported the MYAB met two weeks ago. They have 50 youth that have applied. They meet again tomorrow for pictures. Traffic & Safety will meet in October. Council Member Johnson: Trails · Beautification · Free Clinic Board Council Member Johnson said there is nothing new to report from the Trails Committee; however, she is excited about the new path behind the junior high. It connects with the Teton River Trail. Mayor Merrill asked about the sod next to the new path that is drying up. Director Davidson said the school district was going to make sure their sprinkler system was functioning to take care of that sod, but he hasn’t heard back, yet. Council Member Johnson continued, stating that she has people contact her often to help with service cleanup projects in the parks. She is thankful for those volunteers. Anyone who would like to help with service projects can contact her. The Free Health Clinic is always looking for donors and sponsors. They will be giving CPR classes for youth over the winter. E. Council Member Flora: Parks Committee · Urban Renewal Agency Council Member Flora reported the Parks Committee has not met. She has talked to Daniel Torres about the encumbrance with the Ricks Center. They recently had the appraisal done and Dan is working on getting the information needed by the Federal Government. The playground equipment for the nature park is delayed due to a metal shortage. It should be here in October. The Recreation Department is very busy getting ready for winter. They are also working on the new Recreation District proposal. Staff from the Recreation Department will be attending an NRPA (National Recreation and Park Association) conference in Nashville next week. Urban Renewal did not meet. F. Council Member Wolfe: Airport Board · Golf Board Council Member Wolfe reported the Airport Board has not met. He thanked the police for a great BBQ. The Golf Board met yesterday. Johnny Watson has retired, and Karl Boehm will replace him. The Golf Board reviewed rate changes that will be presented to City Council tonight. The deck on the club house is coming along slowly. Golf carts still haven’t arrived. Staff Reports: Finance: - Matt Nielson Finance Report Finance Officer Nielson reviewed the monthly report. / / / Set Public Hearing date for City Fees Amendment for October 6, 2021 Finance Officer Nielson reviewed Resolution 2021-11 and the new rate schedule for certain fees. / / / / / / / / / / Finance Officer Nielson asked council for permission to set the public hearing date for City Fees Amendment for October 6, 2021. Council Member Walker moved to set the public hearing date for City Fees Amendment for October 6, 2021; Council Member Wolfe 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 Member Flora The motion carried Public Works: - Keith Davidson Public Works Director Davidson spoke with ITD. They will fix Main Street next week. Traffic will be bad on Main and 2nd East for a few days during the construction. The city will let people know the exact dates via social media and the digital sign on Main Street. Director Davidson reported that Park Street is in the process of getting water samples. As soon as a clean sample comes back, they can hook up residents. Council Member Flora asked about the LID meeting next week. It will be Wednesday, September 22 at 5:30 at the Nature Park. Discussion about construction on 7th North Public Hearing 7:00 P.M. Ordinance No 1264 Fiscal Year 2022 Final Proposed Budget; Staff Recommendation to Suspend the Rules and Consider Third Read – Matt Nielson Financial Officer Nielson presented changes to the final proposed budget. In August, they found out that due to the new house bill and the L2 certification process, there is a portion of property tax that can be added to the budget, mostly from new construction. That amount came to $345,000. They decided to bring that forward into the property tax budget and reduce the amount taken from reserve by $182,000 and then dedicate $164,000 from franchise fees by moving those fees from the general fund to the streets fund. The original ordinance needs to be changed, showing those transfers. Discussion about cost-of-living increase. / Mayor Merrill opened the public hearing Those in favor: None Those neutral: Mr. McKamey stated that he thought council did not want to make the proposed adjustments. Council Member Mann replied that he was the only one that had concerns but after studying it, he does not feel the same way as he did two weeks ago. The rest of city council agreed to move it forward. Those opposed: None Mayor Merrill closed the public hearing Council Member Flora is in favor of this ordinance because it will add funds to the streets. Council Member Flora moved to suspend the rules relative to Ordinance 1264; Council Member Johnson seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council Member Flora The motion carried Council Member Walker moved to approve Ordinance No 1264 Fiscal Year 2022 Final Proposed Budget and consider third read; Council Member Flora 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 Member Flora The motion carried Mayor’s Report: Mayor Merrill commended our local student body. He has heard of a few incidents where Madison students have done kind acts and helped others. A lady from Ohio sent a letter to the paper about our students who were staying in the same hotel has her in Lewiston. She said they were so nice and kind. He also noticed a class picking up trash around the quad. Mayor Merrill and the Recreation Department have been planning for an ice-skating rink at the golf course this winter. He went on a water tour and learned about recharge sites. He discussed interchange plans with ITD and visited with county commissioners. Items for Consideration: Planning & Zoning Recommendation to Approve a Comprehensive Plan Map Amendment to Add City Center Form Based Code to the Summary Table of Appropriate Land Uses to the City Center, Form-Based Code Designation with Allowed Transect Zoning of Core, Main Street, City Center, and Residential. Change all parcels from S 2nd W to S 2nd E and W 2nd S to E 1st N from Commercial/Mixed Use and Medium Density Residential 1 (MDR1) – High Density Residential 2 (HDR2) #21-00579. Designated as Resolution 2021-09 if motion passes – Alan Parkinson Administrator Parkinson reported that he followed up on the problem brought before council at the last meeting regarding addresses for the business in the alley next to City Hall. He met with the address committee and found out that the alleys cannot be given addresses. Administrator Parkinson reviewed the changes to the Comp Plan. The downtown district will be changed to the form-based center. They are changing MDR1 to HDR2 with some commercial and mixed use and it will all become the form-based designation. Council Member Mann moved to approve Comprehensive Plan Map Amendment to Add City Center Form Based Code to the Summary Table of Appropriate Land Uses to the City Center, Form-Based Code Designation with Allowed Transect Zoning of Core, Main Street, City Center, and Residential. Change all parcels from S 2nd W to S 2nd E and W 2nd S to E 1st N from Commercial/Mixed Use and Medium Density Residential 1 (MDR1) – High Density Residential 2 (HDR2) #21-00579. Designated as Resolution 2021-09 if motion passes; Council Member Wolfe 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 Member Flora The motion carried Planning & Zoning Recommendation to Approve a Rezone on all parcels in the Downtown City Center District in the area at approximately S 2nd W to S 2nd E and W 2nd S to E 1st N from their current zones to Form Based Transect Zoning #21-00580. Designated as Ordinance No 1267 if motion passes. – Alan Parkinson Administrator Parkinson reviewed the rezone for the downtown district. Council Member Wolfe moved to approve a Rezone on all parcels in the Downtown City Center District in the area at approximately S 2nd W to S 2nd E and W 2nd S to E 1st N from their current zones to Form Based Transect Zoning #21-00580. Designated as Ordinance No 1267 if motion passes; Council Member Johnson 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 Member Flora The motion carried Calendared Bills: Tabled Items: Ordinance No 1263 Development Code Amendment Ord 1200 – Mobile Food Court – Alan Parkinson Council agreed to leave this bill tabled for now. Ordinance No 1256 Amend Business License Ord 1029 & 707 – Deborah Lovejoy Council agreed to leave this bill tabled for now. Second Reading: Those items which have been first read: Ordinance No 1265 Amendment to Development Code Ordinance No 1200 Adding Chapter 12 City Center Form Based Code #21-00543 – Alan Parkinson Council Member Johnson moved to approve a Rezone on all parcels in the Downtown City Center District in the area at approximately S 2nd W to S 2nd E and W 2nd S to E 1st N from their current zones to Form Based Transect Zoning #21-00580. Designated as Ordinance No 1267 if motion passes; Council Member Walker 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 Member Flora The motion carried Ordinance No 1266 Rezone approximately 525 E 7th N Parcel #RPR6N40E176600 from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) #21-00377 Council Member Walker moved to approve Ordinance No 1266 Rezone approximately 525 E 7th N Parcel #RPR6N40E176600 from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) #21-00377; Council Member Wolfe 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 Member Flora The motion carried 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. Minutes from September 1, 2021, Meeting Approve the City of Rexburg Bills Approve 2022 City of Rexburg Beer/Wine Licenses Council Member Flora moved to approve the Consent Calendar containing the minutes and city bills and approve the 2022 Beer & Wine Licenses; Council Member Johnson 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 Member Flora The motion carried Attorney Zollinger indicated that council needed to move into executive session to discuss matters of a legal nature. Executive Session: Roll Call Vote for Motion to Enter into Executive Session per Idaho State Statute §74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Council Member Flora moved to go into executive session per Idaho State Statute §74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated; Council Member Wolfe seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council Member Flora The motion carried Executive Session began at 8:11 P.M. Executive Session ended at 8:28 P.M. Adjournment 8:30 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _______________________________ Mary Flanary