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HomeMy WebLinkAboutCouncil Minutes - February 01, 2023 1 Mayor Jerry Merrill Council Members: Robert Chambers Jordan Busby Mikel Walker Tisha Flora Colin Erickson 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 6:30 P.M. City Hall (video index 0:00:58) Mayor Merrill said the prayer Council President Busby led the pledge Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Chambers, Council Member Erickson via phone later in the meeting, Council Member Walker via phone, Council President Busby, and Mayor Merrill. Amend the Agenda as per Idaho State Statute §74-204(4)(b): Amendment to include addition of Item 6(B)(1) Surplus of property. Council President Busby moved to Amend the Agenda as per Idaho State Statute §74-204(4)(b): Amendment to include addition of Item 6(B)(1) Surplus of property; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Walker Council President Busby The motion carried. 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. Items from City Council: (0:05:28) Council Member Walker reported the Traffic and Safety Committee met on Monday, January 23rd to review city Ordinance No. 1030, they are recommending the following change to the ordinance. The dates prohibiting overnight parking on all streets within the city limits from December 15th through March 1st be changed to November 15th through March 15th. Council Member Flora asked if the committee members discussed how they planned to notify BYU-Idaho students, if the dates were to be changed. Council Member Walker said the committee members did not discuss how they would notify the students of the change other than they would contact the BYU-Idaho administration and inform them of the change. Mayor Merrill said the committee member’s recommendation would be under advisement and additional 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 February 01, 2023 2 discussion with city staff about the proposed change would take place for future consideration by the Councilmembers. Council President Busby mentioned he believes it is a safety hazard when the snowplows must plow around vehicles parked on the street. Council Member Johnson said it would make more sense if the prohibiting date started on December 1st. Council Member Flora asked Public Works Director Davidson to provide a chart comparing the number of times the city has plowed the streets per year. Council Member Chambers said he is concerned about the enforcement aspect of the change. He wondered how the Police Department currently enforces no parking on city streets. Council Member Walker said Assistant Police Chief Hagan attended the Traffic and Safety meeting, he informed the committee members there is an officer assigned to place tickets on vehicles parked on the street during the prohibited times and to tow vehicles that have been blocked in by snow. Council Member Johnson explained since they requested the removal of the listed liaison assignments from the agenda, it has made it more difficult to remember questions or concerns about the committees and departments. Council Member Chambers said when he suggested the change of the listed liaison assignments to Items from City Council; he thought it would expedite the agenda. Council Member Johnson asked if there is going to be a Recreation District meeting. Council Member Flora said the Recreation District meeting is scheduled for February 9th at 7:00 P.M. in the City Council Chambers. Council Member Johnson mentioned she and another Councilmember were liaisons to the Park Advisory Board; however, city staff held several meetings regarding the new Adventure Park on Barney Dairy Road, which the City Council liaisons were not invited too. She said she came to city hall to speak with city staff to determine the point of contact for the Park Advisory Board; they informed her there are five city staff members who are now overseeing the design of the new park. She asked if they could designate a point of contact out of the five employees so that when questions from the board or residents arise, one person could address the questions. Council Member Johnson mentioned she and Council Member Flora would still like to be involved with the planning of the new park. Council Member Flora mentioned the Recreation District Community Meeting on February 9th at 7:00 P.M. in the City Council Chambers. The meeting provides the city an opportunity to distribute the information needed to have the creation of the Recreation District on a ballot. The community members will then decide if they would like the committee to proceed with completing the steps needed for the creation of the Recreation District and have it be on a ballot. They will live stream and record this meeting. Staff Reports: (0:18:14) A. Finance: - Matt Nielson Finance Officer Nielson said he did not have anything to report; however, he would answer any finance questions from the Councilmembers. Council Member Johnson asked if the snow removal budget is not completely used one-year, do the funds rollover to the following year or is the money put back into the general fund. Finance Officer Nielson explained he deposits the major sources of revenue such as the highway taxes and franchise fees into the 02 fund, which is the Street Operating Fund. In the Street Operating Fund, there are line items for road maintenance. At the end of the year, he transfers the remainder of the funds to the Street Reconstruction Fund. All the carryover balances are available for the reconstruction projects. There are separate accounts for new street projects such as adding a new lane to an existing street or the addition of a traffic light. Sometimes he must transfer from the Operating or Street Reconstruction Funds to the New Street Construction Fund. There is also a different fund for Street Impact Fees. He said he transfers the money in the Street Impact Fund to the New Street Construction Fund, and for Financial Statement Purposes, he summarizes those three funds. B. Public Works: - Keith Davidson (0:20:33) 1. Surplus for sale of property located at 301 E 7th N Public Works Director Davidson explained the city is looking to surplus the property located at 301 E 7th N. There was a trailer house next to a city well on the property. After they utilized part of the property for right of way, what remained was a 6,000 square foot parcel. 3 Council President Busby asked if the property is going out to bid. City Attorney Zollinger said the Councilmembers recently rezoned this property from Public Facilities to Medium Density Residential One. The adjacent property owner had requested the zone change. The property is a residual piece of property, and the city cannot allow it legally to stand-alone, so city staff has negotiated a purchase with the adjacent property owner much like an abandonment of road right of way. The property owner made an offer beyond what the city had paid for the property. City Attorney Zollinger said if they open the property to a bid there would only be one potential buyer because it is not a legal parcel. To make the parcel legally conforming, part of the well property would need to be included or be a part of the property adjacent to the parcel. Council Member Flora moved to approve the surplus for sale of property located at approximately 301 E 7th N; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Walker Council President Busby The motion carried. Public Works Director Davidson reported he has left several messages for Brandon Olson residing at 535 Chad Drive to set up a meeting to discuss the issues regarding his property since they completed the work for LID 51. Council President Busby informed Public Works Director Davidson regarding streetlights not working on University Boulevard near Madison High School and the Iron Horse business. Mayor’s Report: (0:25:09) Mayor Merrill reported he and Council Member Flora attended the Association of Idaho Cities Water Summit Conference in Boise. They also met with Kathy Muir, the State and Federal Grant Manager regarding the encumbrance of the Ricks Building. He said trying to remove the encumbrance on this building has become a seven-year project. Ms. Muir informed them that there are missing documents so Council Member Flora has agreed to work to obtain the needed documents and submit them to Ms. Muir. Mayor Merrill reported on the Winter Fest Event. It did not have a large number of attendees. There were, however, more participants in the Polar Plunge than in years past. He suggested advertising for the event sooner. Items for Consideration: (0:28:02) 4 A. City Staff recommendation to approve destruction of Building Plan hard copies that have been archived digitally in the City’s designated records archive system. Designated as Resolution 2023 – 03 if motion passes – Deborah Lovejoy Council Member Erickson joined the meeting via phone. Council Member Chambers moved to approve Resolution 2023 – 03 the Destruction of Building Plan hard copies that have been archived digitally in the City’s designated records archive system; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. B. Planning and Zoning recommendation to approve amendments to Ordinance No 1200 Rexburg Development Code. Designated as Ordinance No 1298 and considered first read if motion passes – Alan Parkinson (0:29:14) Planning and Zoning Administrator Parkinson explained he would like to concentrate on the amendments to the city’s Development Code, so that they complete the amendments correctly. He highlighted the added text in green and the text highlighted in red are changes. Council Member Flora asked the council to table the recommendation to amend Ordinance No. 1200 Rexburg Development Code to allow the Councilmembers more time to review the changes. Council Member Johnson expressed her concerns with the code not giving a definition for dwellings, single-family attached dwellings, single family detached and the removal of the definition for townhouse. On the pages that mentioned the Low Density Residential 2 Zone, it states single-family dwelling attached (except for townhomes). She said without the definitions for townhomes, single-family attached and detached dwellings, the code is unclear. Planning and Zoning Administrator Parkinson explained he wanted to make sure in the LDR2 Zone a townhome is not allowed. In the LDR2 Zone, single-family attached are allowed, which are twin homes and duplex only. Council Member Johnson reiterated without the definitions of a single-family attached or detached and townhome, the code is unclear what type of structure the code would allow. Planning and Zoning Administrator Parkinson said there are standard definitions for these structures in the International Building Code (IBC) and International Residential Code (IRC) codebooks. Most of the changes, they are making to the city’s Development Code are to align with the IBC and IRC codebooks. Discussion regarding household pets and fowl in the city’s Development Code. Planning and Zoning Administrator Parkinson explained the number of domestic livestock per acre allowed and number of small animals allowed per household. 5 Mike Glassdock expressed his concerns with the height of the allowed 80 foot commercial flag poles. He believes a reasonable height for a flag pole is 30 feet. There is an 80 foot flag pole at the Cheveron gas station on 2nd East. There have not been any issues with this flag pole; however, he believes the 80 foot pole is an eye sore. He said allowing an 80 foot flag pole does not make sense to him. Mr. Glassdock showed a picture of the flag pole near the Nittro Carwash blocking the view of the temple. Discussion regarding Mr. Wanless Southwick’s email regarding the household pets and doemestic livestock. Attached to this email are documents describing how the city staff gave misleading answers to questions asked by the city council during a discussion about livestock and hobby farm issues. Below are specific recommendations to solve those issues by modifying Rexburg's Development Code: (Revision language is shown in italics.) 1. Add definition of “domestic livestock” to Chapter 2 Definitions. Domestic Livestock: Horses, and animals generally used for human food production (including cattle, sheep, goats, rabbits, poultry, fish, and honeybees), which are raised with the intent to supply food, enjoyment, and education for those who raise them. 2. Add definition of “animal unit” to Chapter 2 Definitions. Animal Unit: A unit to measure the quantity of domestic animals at any given location, because large animals require more living space than small animals. One (1) Animal Unit is equal to a horse or a cow weighing over 700 pounds. Animal units for smaller species can be calculated by dividing the species’ average adult weight in pounds by 500. For example, sheep and goats = 0.2 AU each, rabbits and chickens = 0.01 AU each. 3. Fix the “Animals Section” in both Rural Residential 1 and Rural Residential 2 zoning codes. 4.01.020 Permitted Uses (RR1), B. Animals. Household pets are allowed. No more than two (2) animal units of domestic livestock for each (1) acre shall be allowed. 4.02.020 Permitted Uses (RR2), (add this missing section) B. Animals. Household pets are allowed. No more than one (1) animal unit of domestic livestock for each half (1/2) acre shall be allowed. 4. Repeal obsolete Section 9.02.050.A This obsolete and livestock-hostile section was designed to remove livestock from areas of city impact in 1995. 5. Revise Section 4.00.020 Permitted Accessory Uses to accommodate citizens’ self-reliance strategies. 4.00.020.A.3 Vegetable and flower gardens, noncommercial orchards, domestic poultry (for example, chickens) and domestic animals (for example, rabbits, goats) may be raised for personal food production or education (such as 4-H projects) if the residence has sufficient space for the quantity and species kept and provided the activity does not cause egregious disturbance to neighbors. Mrs. Geddes said there is a concern with chickens being listed under household pets because people do not eat their household pets. The chickens would be better catigorized under domestic livestock. Council Member Erickson expressed his concern with the amendment below. The Ready Team, for transparency, should have a general record of the meeting created. Planning and Zoning Administrator Parkinson said one of the challenges they encounter in a Ready Team meeting is that sometimes the information being received is confedential. Until the developer applys for a permit, the information is not public record. Council Member Chambers explained he understands the Ready Team is an advisory board and the items discussed could lead up to a development agreement. Once there is a development agreement then that is public record; however, until then it is back and forth discussion. 6 Council Member Erickson said he is concerned the Ready Team meetings could be construed as private meetings and unofficial promises could be made. City Attorney Zollinger explained the use of the word confidential when refering to Ready Team meetings is not accurate. The city is not allowed to take non- disclosure agreements without going through the formal process. Sometimes the items they discuss in a Ready Team meeting are idea concepts. He said for example, a developer may come to a meeting to ask if the city is going to allow 22 story buildings. The Ready Teams are intended to accomplish a non-formal dialog that does not commit anyone to anything. The city does not engage in confidential meetings unless it is an executive session. Council Member Johnson said city staff should not be using the term confidential when refering to Ready Team meetings. Mr. Southwick said domestic livestock and household pets are listed in the code and they are not the same. Council Member Flora asked Mr. Southwick how many livestock does he have on his property. Mr. Southwick replied he has two goats and a dozen chickens. There are residents in the city that desire more animals for food production than what the code is currently allowing. Council President Busby moved to Table Ordinance No 1298 Amendments to Ordinance No 1200 Rexburg Development Code; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. Calendared Bills: (1:10:47) A. Second Reading: Those items which have been first read: 1. Ordinance No 1296 Local Improvement District 51 ( LID51) Final Assessment Role – Keith Davidson Council Member Chambers moved to approve Ordinance No. 1296 Local Improvement District 51 (LID51) Final Assessment Role and consider second read; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. B. Third Reading: Those items which have been second read: (1:11:32) 1. Ordinance No 1295 Intent to Create Local Improvement District 52 (LID 52) – Keith Davidson 7 ORDINANCE NO. 1295 AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 52; DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER TO PREPARE THE NECESSARY PLANS AND SPECIFICATIONS FOR THE WORK; AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID WORK AS AUTHORIZED BY LAW; PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITTED THEREBY AND THE METHOD OF ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. Council Member Johnson moved to approve Ordinance No. 1295 Create Local Improvement District 52 (LID 52) and consider third read; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. Mayor’s Business: Consent Calendar: (1:12:22) 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 January 18, 2023 B. Approve the City of Rexburg Bills Council President Busby moved to approve the Consent Calendar containing the minutes and city bills; Council Member Flora seconded the motion; Mayor Merrill asked a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. Adjournment 7:43 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy Clerk