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HomeMy WebLinkAboutCouncil Minutes - May 01, 2019 1 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Mikel Walker 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 Deborah Lovejoy – City Clerk 6:30 P.M. City Hall Eve Greenland said the prayer. Rexburg Police Officer Scott led the pledge. Roll Call of Council Members: Attending: Council Member Flora, Council Member Mann, Council Member Busby, Council Member Walker, Council Member Wolfe, Council President Smith and Mayor Merrill. 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. Presentations: A. Swear in Reserve Police Officer Nathan Dexter Mayor Merrill asked City Attorney Zollinger to swear in Nathan Dexter as a reserve police Officer. Nathan Dexter repeated the oath of office as follows: OATH OF OFFICE I, Nathan Dexter, do solemnly swear that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, that I will endeavor to enforce these laws to the best of my abilities, and that I will faithfully discharge all of the duties assigned or requested of me in my capacity as a reserve law enforcement officer for the City of Rexburg. _________________ Nathan Dexter Subscribed and sworn to before me this 1st day of May, 2019. _____________________ Stephen Zollinger Rexburg City Attorney Mayor Merrill asked Reserve Police Officer Dexter to introduce himself. Officer Dexter said he grew up in Ashton, Idaho he is married and his wife’s name is Candice Sakota. He introduced his family members that were in the audience. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x 2101 Fax: 208.359.3022 deborahl@rexburg.org www.rexburg.org City Council Minutes May 01, 2019 2 Mayor Merrill indicated Rexburg Police Chief Turman has an announcement to make regarding the Assistant Police Chief position. Police Chief Turman thanked Mayor Merrill, Council Member Wolfe and Finance Officer Nielson for their assistants on the hiring panel for the Assistant Police Chief position. Police Chief Turman said he is pleased to announce the new Assistant Police Chief is Sgt. Gary Hagen. Assistant Police Chief Gary Hagen introduced himself. He said he started his law enforcement career in 1999 in the town of Aberdeen, Idaho. He then moved to Rigby and worked there for several years. After, working in Rigby he moved to Rexburg about 16 years ago. He said Lt. Foster played a big role in helping him to be hired onto the Rexburg Police Department. He explained six months ago he would have never of thought he would be in this position and this is something he is excited about. He is aware of the responsibility of stepping into a bigger role. He is excited to be able to promote a better environment for the Rexburg Police Department with Chief Turman. Assistant Police Chief Hagen thanked the City Council for appointing him to this position. He also thanked his family for their support. B. Introduction of New Employees - Juan Talavera-Street Dept. Mayor Merrill asked new employee Juan Talavera to introduce himself. Mr. Talavera said he is originally from Mexico and has lived in the United States for about thirty five years. Before working for the City of Rexburg, he worked with HK Contractor, Inc. for fourteen years. He said he is grateful to be working for the city. He enjoys spending time with his family. Mayor Merrill asked Mr. Talavera what state in Mexico he lived in. Mr. Talavera said he is from the Mexico state of Michoacán. C. Energy Technology, Environment Group Update – Steve Laflin – International Isotopes Inc. Steve Laflin presented on the Energy, Technology, and Environment Group update and introduced himself. He said he has a business in Idaho Falls, Idaho named International Isotopes Inc. The company produces sodium iodide and cobalt for cancer therapy treatments all over the world. They are expanding the iodide and drug production processes. He moved to Eastern Idaho in 1977 while his father was serving in the Navy. He then left to serve in the Navy and worked on submarines. He moved back to Eastern Idaho and started his own business in 1996. The company has the same group of employees more or less and grew from 5 employees to 40 employees. Mr. Laflin said he has always been interested in what is happening in Eastern Idaho and in the Nuclear Industry. There is a lot that could potentially be going on in Eastern Idaho. Anytime, there is potential for a nuclear project. There will be a lot people weighing in with their opinions on those projects. Some of those opinions will be fairly wise and factual; however, there will be many that are not because they will become politicized. There has always been the thought of having a volunteer organization that could sift through all of the facts of these new opportunities to help educate and advocate for the public. Many people in the community suggested REDI was the organization to form a group to address these issues. REDI formed the ETEG committee. The ETEG is a volunteer committee. Mr. Laflin gave an overview of what the group is and what they are setting out to accomplish. He reviewed the following slides with City Council. 3 Mr. Laflin said the Naval Spent Fuel Handling Facility is already being built. The facility is a 1.6 billion dollar project and they will be hiring about 300 employees. They will require highly educated people. He reviewed the UAMPS Small Modular Reactor and the National Reactor Innovation Center projects. Council Member Wolfe questioned how many jobs the UAMPS Small Modular Reactor will bring to Eastern Idaho. Mr. Laflin replied the people over the UAMPS project have released a full economic study. In that study, they indicated the project would create about 2,000 jobs in the construction phase and about 300 jobs for operations. The total economic impact from this project was estimated at two billion dollars. Some of the other projects are as big or bigger than the UAMPS project. Mr. Laflin said the question that is being asked is if Eastern Idaho is ready for these projects. He named the states Idaho was competing with when the Atomic Energy Commission was in search of a location for the National Reactor Testing Station. 4 Mr. Laflin explained the only reason why Idaho was selected was because of advocacy by local leaders and civic leaders. He reviewed the Idaho National Laboratory’s landmarks. Mr. Laflin said ETEG desires to be a resource for all of the City Councils in Eastern Idaho and communities. Mayor Merrill asked about the different projects Mr. Laflin mentioned in his presentation. Most of these projects, from his perspective as long as they are safe are desirable projects to advocate for. He asked Mr. Laflin if he has seen a project that Eastern Idaho would not desire. Mr. Laflin said the INL hasn’t seen any new projects in a long time. He referred to the Eagle Rock Facility. There were 5 concerns with protecting the aquifer, water consumption and possible accidents. There are risks with everything. If there are concerns with certain projects they will be vocal with these concerns. Council Member Mann said the City of Rexburg is supportive of the Idaho National Laboratory. If there are projects that the City Council and Mayor need to advocate for he asked to be made aware of these projects so letters of support may be written. Mayor’s Report: Mayor Merrill reported he and City Council met at the Fire Station for breakfast to begin the City Council Drive around meeting. They drove around the city to review the condition of the streets, parks and other issues they need to be aware of first hand. Mayor Merrill mentioned the events going on in the City of Rexburg. May the Fourth be with you event will be held on Friday and Saturday night. The Cinco de Mayo Event will be on May fourth from noon to six o’clock. Public Hearings: NONE Items for Consideration: A. Ordinance No 1212 Amend Development Code Public Facilities Zone (PF) Ordinance No 1200 #19-00093 – Stephen Zollinger ORDINANCE NO. 1212 AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE TO THE PUBLIC FACILITIES (PF) ZONE; PERMITED USES ADDED FAIRGROUNDS, GOLF COURSE, SPORTS FIELDS, SWIMMING POOLS AND THEATRES; LOT AREA HAS NO MINIMUM SIZE, LOT WIDTH HAS NO MINIMUM WIDTH, LOT FRONTAGE HAS NO MINIMUM FRONTAGE; BUILDING HEIGHT AMENDING HORIZONTAL SETBACK; IN OTHER REQUIREMENTS ADDED PROVISIONS FOR EXISTING PUBLIC FACILITIES, PARKS AND SCHOOLS TO MODIFY FOR CONTINUED USE IF CHANGES ARE SUBMITTED AND APPROVED BY THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. WHEREAS, the City of Rexburg is incorporated as an entity of the State of Idaho; and WHEREAS, the State of Idaho Statutes are used by the City of Rexburg as the primary source of code compliance; and WHEREAS, Rexburg City Codes are subordinate to Idaho state code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: SECTION I: CHAPTER 9.03 changes to Public Facilities (PF) zone will be as follows: 9.03.020 Permitted Uses – Added Fairgrounds, Golf Course, Sports Fields, and Swimming Pools to Outdoor Recreation; added Theatres to Indoor Recreation. 9.03.030 Lot Area – No minimum lot size. 6 9.03.040 Lot Width – No minimum lot width. 9.03.050 Lot Frontage – No minimum lot frontage. 9.03.100.a.1 Building Height – Amend to “The horizontal setback of the building from the nearest residential zone boundary is equal to or exceeds twice the building’s height;” 9.03.150.f Other Requirements – Added “Public facilities, public schools and parks which are currently in existence by legal process, may modify for continued use, provided any changes are submitted to the City for administrative review and approval.” SECTION II: Furthermore, any portion of the existing Development Code in conflict with this proposed amendment is hereby repealed. SECTION III: The City of Rexburg, Idaho City Council shall enact this Ordinance amending Ordinance 1200 otherwise known as THE DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO upon its passage, approval and publication. City Attorney Zollinger explained there were a few minor changes to the Development Code that reduced the minimum lot size in the Public Facilities Zone (PF). The changes also include no minimum width, no minimum lot frontage, a modified building height and they added a couple of uses to the Public Facilities Zone. City Staff is recommending the amendment to the Development Code. Council Member Busby moved to approve Ordinance No. 1212 to amend the Development Code Public Facilities Zone (PF) Ordinance No. 1200 and consider first read; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried B. Summerfield Division 7 PUD Master Plan Amendment #19-00115 – Stephen Zollinger City Attorney Zollinger reviewed the amendment to the Summerfield Division 7. The Planned Unit Development (PUD) Master Plan that was used resulted in apoximately 99 units being built. The amendment to the master plan lays out differently than the prior plan. The current amended plan has a total of 104 units being built. The density limits are still within the allowed zoning limits. The prior plan had the garage door facing the front of the road; however, the current plan has the garage door in the back of the homes. The Planning and Zoning Commission is recommending approval of the Summerfield Division 7 PUD Master Plan Amendment. City Attorney Zollinger reviewed a map of the Summerfield Division 7. 7 City Attorney Zollinger explained the center island will be filled with townhomes that face to the interior and loadoff on the same private road that is loading the outer homes. The change in the model of the homes caused the reason for the amendment. The layout of the homes is slightly different than the prior plan. The current plan is a model that Kartchner Homes is currently building in the Ammon area. Cody Puzey, who works with Kartchner Homes said the amended plan will allow more visitor parking and green space. Council Member Wolfe moved to approve the Summerfield Division 7 Planned Unit Development Master Plan Amendment; Council President Smith seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith 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 B. Second Reading: Those items which have been first read: 1. Ordinance 1210 Rezone various Public Owned Properties to Public Facilities (PF) #19-00093 – Stephen Zollinger ORDINANCE NO 1210 Rezone Various Government Owned Properties to Public Facilities (PF) 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, 8 SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. City Attorney Zollinger said the parcels on the map are public owned properties. They are rezoning all of these parcels to the newly created and recently amended category known as public facilities. Mayor Merrill clarified some of the parcels in the city are owned by government, schools, county and city. These parcels were not zoned correctly. The city created a zone for these type of properties and they are being rezoned to the proper zone called public facilities. 9 Council Member Flora moved to approve Ordinance 1210 the Rezone of various Public Owned Properties to Public Facilities and consider second read; Council Member Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried C. Third Reading: Those items which have been second read: 1. Ordinance No. 1211 Repeal and Replace Ordinance No 968 – City Parks Rules and Regulations to include a “No Nicotine” regulation in the City Parks. ORDINANCE 1211 AN ORDINANCE ESTABLISHING REGULATIONS CONCERNING USE OF THE CITY PARKS OF THE CITY OF REXBURG, IDAHO; PROVIDING THAT ANY PERSON, FIRM OR CORPORATION VIOLATING THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR; PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE; AND REPEALING AND REPLACING ORDINANCE 968. Mayor Merrill said the purpose behind Ordinance No. 1211 a “No Nicotine” regulation in the City Parks is an expansion of the no smoking in city parks rule to cover new technology that allows the use of nicotine such as vaping. The “no nicotine” rule also includes chewing tobacco. Council Member Walker moved to approve Ordinance No. 1211 Repeal and Replace Ordinance No 968 – City Parks Rules and Regulations to include a “No Nicotine” regulation in the City Parks and consider third read; Council Member Mann seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried Mayor’s Business: A. Proclamation 2019 – 02 Arbor Day May 15, 2019 Mayor Merrill mentioned the Rexburg Days Event on May 15th at 4:00 P.M. The purpose of the event is to plant flowers in the planter boxes along Main Street and Center Street. They will also be planting some trees at the city parks. Mayor Merrill read Proclamation 2019-02 PROCLAMATION 10 No. 2019 – 02 2019 Arbor Day Proclamation WHEREAS: In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS: The holiday, called Arbor Day, was first observed with the planting of mor e than a million trees in Nebraska, and WHEREAS: Arbor Day is now observed throughout the nation and the world, and WHEREAS: Trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS: Trees are a renewable resource giving up paper, wood for our homes, fuel for our fires and countless other wood products, and WHEREAS: Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS: Trees, wherever they are planted, are a source of joy and spiritual renewal, NOW, THEREFORE: I, Jerry Merrill, Mayor of the City of Rexburg do hereby proclaim May 15th, 2019 as Arbor Day in the City of Rexburg, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Further, I urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Rexburg to be affixed this 15th day of March in the year of our Lord two thousand nineteen. APPROVED: _____________________________ SEAL Jerry Merrill MAYOR ATTEST: ______________________________ Deborah Lovejoy REXBURG CITY CLERK Council Member Wolfe moved to ratify Proclamation 2019 – 02 Arbor Day on May 15, 2019; Council Member Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried 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 April 17, 2019 meeting B. Approve the City of Rexburg Bills 11 Council President Smith moved to approve the Consent Calendar containing the minutes and city bills; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried Executive Session per Idaho State Statute 74-206 (c) to acquire an interest in real property which is not owned by a public agency. Council Member Busby moved to go into Executive Session per Idaho State Statute 74-206 (c) to acquire an interest in real property which is not owned by a public agency ; Council Member Flora seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Walker Council Member Busby Council President Smith The motion carried Executive Session: 7:18 P.M. Executive Session ended: 8:20 P.M. Adjournment 8:20 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk