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HomeMy WebLinkAboutCouncil Minutes - January 05, 2022 1 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 6:30 P.M. City Hall Council Member Walker said the prayer Council Member Flora led the pledge Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Walker and Council President Busby, and Mayor Merrill. 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 December 15, 2021 B. Approve the City of Rexburg Bills Council Member Flora moved to approve the Consent Calendar containing the minutes and city bills; 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 Walker Council President Busby The motion carried. Ceremony to seat the newly Elected Officials from – 2021 Municipal Elections: - City Clerk A. Oath of Office: 1. Swear in Mikel Walker, Robert Chambers, and Colin Erickson as City Council Members 2. Election of City Council President City Clerk Lovejoy recited the Oath of Office with Mikel D. Walker repeating the Oath. He was presented a “Certificate of Election” and the “Oath of Office” document. I Mikel D. Walker, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of Councilmember, of the City of Rexburg, according to the best of my ability. Subscribed and sworn to before me this 5th day of January 2022. Council Member Walker said he feels privileged to be re-elected and be able to continue to serve. He enjoys living in Rexburg and worked for the Fire Department for 38 years. He is grateful to be able to serve 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 January 05, 2022 2 for four more years on City Council. He is also grateful for the citizens of Rexburg for giving him another opportunity to serve. He expressed his appreciation to his family for their help in passing out campaign flyers and appreciates the opportunity to work with the Mayor and City Council Members. City Clerk Lovejoy recited the Oath of Office with Robert E. Chambers repeating the Oath. He was presented a “Certificate of Election” and the “Oath of Office” document. I Robert E. Chambers, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of Councilmember, of the City of Rexburg, according to the best of my ability. Subscribed and sworn to before me this 5th day of January 2022. Council Member Chambers said he is thrilled to be here and work for this great city. He said he thought Mayor Merrill was going to say not newly elected but newly affective which would be close to accurate for him. He is grateful for the citizens of Rexburg for giving him this opportunity to serve. City Clerk Lovejoy recited the Oath of Office with Colin D. Erickson repeating the Oath. He was presented a “Certificate of Election” and the “Oath of Office” document. I Colin D. Erickson, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of Councilmember, of the City of Rexburg, according to the best of my ability. Subscribed and sworn to before me this 5th day of January 2022. Council Member Erickson said he too is thrilled to be here and thrilled for the opportunity to work for the City of Rexburg and be a part of City Council. He worked for the city for almost 30 years in the Police Department. He enjoys living in the city and the people of this city. He is grateful for the opportunity to continue to serve the city and be a part of the solution. He thanked his wife for her willingness to support and help him in his service. He looks forward to working with the City Council Members. 3 Mayor Merrill asked for nomination to elect a City Council President. Council Member Walker nominated Council Member Busby to continue as Council President. Council Member Walker moved to ratify the appointment of Council Member Busby as City Council President; Council Member Flora 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. Mayor Merrill assigned the City Council liaison assignments to the Councilmembers: Council Member Chambers: M.E.P.I · Cultural Arts/Museum Events Council President Busby: School Board · MUSIC Council Member Walker: MYAB · Traffic & Safety Council Member Johnson: Trails · Beautification Council Member Flora: Parks Committee · Recreation Committee · Urban Renewal Agency Council Member Colin: Airport Board · Golf Board · Legacy Flight Museum Welcome New City Employees: John Lewis – Recreation Facility Manager John Lewis said this is not his first time working for the city he worked as an intern for the City Recreation Department several years ago. He is thrilled to be back in Rexburg. He is originally from Georgia. 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. Staff Reports: A. Finance: - Matt Nielson 1. Recreation Consultation for Rec Center Feasibility Budget Adjustment Finance Officer Nielson gave an update on the Munis-Tyler Financial Software. The Finance Department is currently processing payroll on the new system and has made the switch to bi-weekly. They noticed a few corrections needing to be made after processing the initial payroll. The corrections will be made, and a corrected payroll will be sent to city employees. Recreation Director Crowther explained there have been several studies conducted in the past that have indicated a lack of indoor recreational opportunities in the community during winter. There has been interest in an indoor aquatic and recreational center in those studies as well as consistent feedback from 4 citizens. The city budgeted for a recreation consultation in the amount of $75,000.00 for this year. An Internal Recreation Consultation Committee was formed of city staff and Council Members Bryanna Johnson, Mikel Walker, and Tisha Flora. The purpose of the committee was to provide resources, accurate information and receive feedback from the community about moving forward with a Recreation Tax District. Recreation Director Crowther said a Request for Proposal (RFP) was created then they interviewed multiple industry leaders. Pros-Consulting Inc. impressed the committee with their proposal. Their approach is very detailed and accurate. The committee was able to adjust and curtail the proposal to be aligned with the committee’s objectives. They were able to negotiate the final proposal to $87,880. He is seeking a budget adjustment to be able to fund the difference. He mentioned some of the core objectives to be determined by the consultation are: 1. What recreation center amenities are prioritized by the community? 2. What would the tax increase be to property owners to operate the Tax District and build the recreation center, this is assuming, a Recreation District would be created to be able to operate the center? 3. What would be the recommended Tax District boundaries? 4. How favorably would the community be to vote for the Tax District and Recreation Center? Council Member Flora said when she was campaigning for City Council, she was often asked why the city doesn’t have an indoor aquatic center, it seems to be highly desired by the citizens. As City Council Members there is an obligation to find out the information residents desire regardless of the way they may vote once the costs are known. Once accurate information is collected the citizens can vote based on that information. Mayor Merrill formally invited the two County Commissioners in the audience to attend the Internal Recreation Consultation Committee meetings. Council Member Erickson questioned if the county will be included in the Recreation Tax District. Mayor Merrill said the consultant will determine how large the Recreation District will need to be. Council President Busby questioned the time frame of when the consulting process will be completed. Recreation Director Crowther replied, the process will begin this month with a meeting and review of gathered information and by the end of July the process should be complete. Council Member Flora moved to approve the Budget Adjustment for the Recreation District Consultation and contract with Pros-Consulting, Inc.; Council Member Erickson 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. 2. Madison County 700 Radio System Upgrades Budget Adjustment Madison County Emergency Manager Kohler said he is representing the 911 Committee which members include: Mayor Merrill of Rexburg, Mayor Adams of Sugar City, Police Chief Turman, Sherriff Henry, Fire Chief Child, and Fire Department Emergency Manager and they are tasked with maintaining the communication for 911 emergencies by first responders. The first responders are using radios built in 2007, 2008 and 2009 on every 911 call. The radios were funded 100% by grant money and promised a life span of 14 years. The radios have exceeded their life span; however, due to population growth the responders are receiving busy signals. 5 Emergency Manager Kohler said there are five counties that make up the radio network and can communicate from the Montana State line to the City of Pocatello. Teton Communications is the supplier of the equipment for the five counties. Council President Busby asked if the costs are being evenly distributed between the five counties. Emergency Manager Kohler said the even costs distribution is based on usage. Council Member Erickson asked if the portable radios are included in these costs. Emergency Manager Kohler said the costs do not include the portable radios; most agencies use the Homeland Security Grant to fund their portable radios. Council Member Erickson question the need for the budget adjustment and the reason why funds were not set aside for the radio system upgrades. Mayor Merrill replied it was a surprise to the 911 Committee as well. Emergency Manager Kohler said the committee members had not put thought in the system upgrades because the system has been working well and the radios exceeded their promised lifespan. The budget funds not being set aside for the upgrades was an oversight of the agency officials. A Memorandum of Understanding (MOU) is being developed for the five counties to specifically address their responsibilities for the radio net and how to budget for these improvements in the future. Mayor Merrill said the Teton Communications Base Station recommendation of $428,000.00 was on the original budget adjustment; however, it is still in good standing and will last for a couple of more years allowing time to budget for the upgrades to that station. Council President Busby asked if new equipment is going to be needed for the system upgrades. Emergency Manager Kohler replied, this budget adjustment will fund the upgrades and new equipment needed. The new equipment will still be able to communicate with the existing equipment. To be fiscally responsible, they inquired if parts and pieces could be used within the radio network as additional repeaters are installed, augmented and upgraded. Finance Officer Nielson mentioned another aspect of the plan to budget for the radio system upgrades is for Fire Chief Child to go back to the multi-county committee to identify a capital replacement plan moving forward. Once the capital replacement plan is in place the different entities such as Police Departments, etc. can determine how many funds to set aside. He said some cities are using the American Rescue Plan Act (ARPA) funds to fund the radio system upgrades; however, he doesn’t recommend using the ARPA funds due to the internal single auditing associated with those funds. The ARPA funds are entered into the city’s general fund and then transferred out for different purposes. Finance Officer Nielson reviewed the General Fund Balance Carryover. He asked the funds not to be taken from contingency. He recommended a budget adjustment from the fund balance carryover on the revenue side of the budget. 6 Council Member Flora questioned if the city under spend or was there not sufficient time to carryover the funds from all of the projects. Finance Officer Nielson replied there were a few projects the main ones being the ball dimond and parks, those funds were transferred to the construction fund so there would be a beginning cash amount for Fiscal Year 2022 available to pay for those projects. Council Member Flora asked if the percentage shown is based on carryover projects. Finance Officer Nielson said the percentage is based on the funds already withdrawn from the General Fund to account for those projects. Council Member Erickson asked if the system upgrades will address the dark spots where the radios don’t work. Emergency Manager Kohler replied they performed radio studies last fall. By moving the stand-alone repeater behind station #1 to the Rexburg Bench, it will be able to transmit further. There will be six repeaters installed behind station #1 to get rid of the dark spots in the downtown area. He said another dark spot is near Twin Bridges in the county. A new repeater site will on the bench east of Crest Creek to address the Twin Bridge dark spot. Council Member Walker moved to approve the Budget Adjustment for the Madison County 700 Radio System; 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 Erickson Council Member Walker Council President Busby The motion carried. B. Legal: - Stephen Zollinger 1. City Parks winter use policy City Attorney Zollinger explained over the course of the last few weeks there have been several circumstances come forward that has made city staff aware of the lack of policy of when to allow and when not to allow certain requests for use of city facilities. He said before City Council is a bare bones approach to a policy that would affectively direct city staff to evaluate requests received to use certain public facilities such as the city’s parks, there have been requests to host a dance in the middle of winter when the parks are not maintained. City Attorney Zollinger said another issue city staff has noticed is when a party rents a pavilion, they desire to restrict people’s access to everything around them. He said this is not the intended purpose of the city parks. City Council Member Flora questioned the vending in the city park. She had the assumption that a vendor could push along a vending cart along the pathway in the park. City Attorney Zollinger said he could not recall the iteration of the vending in the ordinance; however, a city ordinance would supersede this policy. 7  All City facilities, including parks and park amenities, are to be used only for their intended purpose(s). Any facilities which are not maintained during certain seasons will not be available.  Parks are for public use. Public access to a park, or portions of a park, shall not be restricted by private groups, except in designated areas such as directly under a park picnic pavilion. Private ticketed events are not allowed.  Unless an exception is granted by the City Council vending in City Parks is not allowed. Council Member Walker moved to approve the City Winter Use Policy; Council Member Erickson 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. C. Public Works: - Keith Davidson Mayor Merrill said at the November 17th City Council Meeting, Council Member Walker indicated a resident living near Mesa Falls Apartments recommended additional speed limit signs be installed along 5th West. Public Works Director Davidson reported the speed limit signs have been installed. Public Works Director Davidson reported there were three lights being installed at the roundabout; however, only two lights were available and were not the same in color. The two lights will be installed temporarly on west side and south side of the roundabout. He said he will order four lights all in the same color for the roundabout. The two temporary lights that were installed will be removed and used at another location. Council Member Flora said there were complaints about street lights not being install at the Sky Medows development. Public Works Dirctor Davidson said the junction boxes were not installed correctly and the developer is working on correcting the boxes to install the lights. Council Member Johnson asked about installing a rapid flash signal at the new crosswalk on Pioneer Road. Public Works Director Davidson replied generally the rapid flash signals are installed using grant funds. They have applied for several grants for flash signals in different locations; however, the crosswalk on Pioneer Road was not one of them. Discussion regarding street parking during winter. The first week of the start of the winter semester at BYU- Idaho University warning parking tickets were placed on the vehicles parked overnight on the street. After, the one week warning period a $50.00 parking tickets were issued to vehicles parked overnight. City Attorney Zollinger mentioned several forms of notifications were given to students and residents about no street parking between the hours of 2:00 a.m. to 7:00 a.m. Council President Busby asked at which point will vehicles be towed when parking during the restricted time. City Attorney Zollinger said the city does hook and tow vehicles to an adjacent street; however, there is backlash when a vehicle is towed away because of the costs. Public Works Director Davidson reported the city is applying for two grants from the Local Highway Technical Assistance Council (LHTAC) for the River Pathway Underpasses at 2nd East and the Shared Use RailRoad Pathway on 2nd East to Riverside Park with a grant match of 7.34%. Council Member Flora expressed her concerns with a pathway underpasses that will be inindated with water the majority of the time. Mayor Merrill said during the winter run off the river may be high covering the path; however, it would be for a short period of time. Council Member Johnson asked if the new pathways would connect 8 with the exsisting pathways. Public Works Director Davidson said the pathways will connect with the exsisting pathways. Council Report: - Bryanna Johnson regarding Local Improvement Districts Council Member Johnson said she believes everyone understands the importance of Local Improvement Districts (LID) to maintain the city roads and sidewalks for the community. They can also all agree that LIDs are a burden to most city property owners. She said at first, she thought it was less money than she had supposed the city collected from residents. When she first started, she thought it was a larger amount. There have been steps taken in the right direction regarding LIDs. One being a survey to understand the desires of the residents. The highest burden may be placed on the property owners that don’t desire to participate in the LID. Council Member Johnson explained she was going to compare the amount paid for LIDs to the total city budget with the LIDs making less than 1% of the city’s total budget. She was informed, by Finance Officer Nielson due to the complexities of the city’s budget and where the city does not spend that entire amount every year; therefore, it is not an accurate representation of the city’s total budget. She was going to compare the LID budget to the total Street Budget specifically to the carryover there is each year for the last several years. She was informed, by Finance Officer Nielson that is not the entire picture because there is money in the Street Budget cannot be used for LIDs such as Urban Renewal Funds and Funds from Impact Fees. Council Member Johnson said she asked Finance Officer Nielson for a report indicating the costs of LIDs starting Fiscal Year 2011 to current. She reviewed the Discretionary Street Carryover at Fiscal Year End Available for Street Projects section of the report. The amount of carryover is larger than she thought even when only considering the discretionary carryover. This indicates the city has more money in the Street Budget than the amount being spent. The city is averaging 1.6 million dollars of discretionary carryover in the Street Fund each year. When comparing the discretionary carryover to the average amount the residents are paying over the past 12 years, it averages to about 14.4% of the discretionary carryover. Council Member Johnson said she believes the city can work towards paying more of the LID costs because it is City Council’s decision how LIDs are funded. Council Member Flora said she reviewed the Residential Costs in the report and questioned the large difference between LID 50 and LID 51. Public Works Director Davidson explained as LIDs are performed in older neighborhoods there is more, sidewalk, curb and gutter plus the service lines needing to be replaced. The costs to replace a service line during a reconstruction of a street are from $1,500.00 to $1,700.00 and up to $10,000.00 when having to cut into a street. Council Member Chambers asked for clarification regarding the Discretionary Street Carryover. Finance Officer Nielson explained there are a lot of many different funds in the Street Fund including construction funds and impact fee funds. The reason he designated the monies as discretionary is because those are the funds available for street projects and City Council decides which street projects to fund based on the five- year capital improvement plan. In the annual street report, it indicated eight million dollars of street projects needing to be completed using the discretionary funds over the next four years. Council Member Chambers said the discretionary funds do not suggest there are additional monies not being used. The monies in the discretionary fund are used for projects in the five-year capital improvement plan. He said if these funds are used to offset some of the LID costs, then a project in the capital improvement plan would need to be delayed. Council Member Johnson said some of the points she desired to address were first to understand the amount of funds available and second City Council decides on the use of those city funds. City Council can also decide to make concessions and decides which projects are most important. She believes in incremental changes. There were small changes made and possibly in the future the city could absorb the costs of the curbs, then years later the cost of the gutter. Council Member Flora explained the creation of LID 51 has been the most difficult to decide upon for the following reasons: the neighborhood is low income and there were many property owners in favor of the LID. These reasons indicate the city is communicating more than ever before with property owners. She 9 has not seen so many residents in favor of an LID before. The difficulty of deciding is that City Council’s decision is affecting people’s lives whether they are in favor or not in favor of the LID. She questioned the reasons why the residential costs for LID 51 is much higher than the previous LIDs. Public Works Director Davidson said the difference in residential costs for LID 50 and LID 51 were several factors one being that most property owners on Park Street decided the road should be narrowed causing a decrease in their assessments. Most property owners on LID 51 decided not to have the road narrowed. The narrowing of the road would have decreased the residential costs in some cases by several thousand dollars. There were several valid reasons the property owners desired the road not be narrowed including parking for when events at the Fair Grounds are taking place and the roads in their neighborhood are being used for additional parking. The city is absorbing more of the costs in LID 51 to address the drainage issues. Council Member Flora asked if there is a process to be able to subsidize low-income property owner’s LID assessment. City Attorney Zollinger explained most circuit breaker programs through the state issue a lien on a property when dealing with improvements to a property. There are county indigent funds; however, the agency also issues a lien on the property and when the home is sold the county receives their money back. The city’s LID assessments are similar in nature where the city lends a property owner its credit. He said it is also one of the few times under the Idaho Constitution where municipalities are allowed to extend their credit to the citizens for the enhancement of the community and every parcel be maintained in a meaningful way. Mayor’s Report: Mayor Merrill reported the Mayor Youth Advisory Board Members will be cross country skiing at the Winter Park at Teton Lakes. The ice-skating rink is also operational at the Winter Park. Council President Busby asked if the skating rink is seeing much use. Mayor Merrill replied there has been some use of the skating rink when weather permits. Mayor Merrill reported the city received a grant from Rocky Mountain Power in the amount of $7,000 for the city’s Arts Department. He mentioned the CGI videos on the city’s website. The Economic Development Department is working with city businesses to advertise their business on the city’s website using a CGI video. Mayor Merrill reported the M.U.S.I.C members are working on the WinterFest Event. The event will feature the polar bear plunge, free hot chocolate, and other activities. Items for Consideration: 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 2022 – 01 if motion passes – Deborah Lovejoy Resolution No 2022 - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, AUTHORIZING 10 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 2022-01 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 ____ ___, 2022 SIGNED BY THE MAYOR ____ ___, 2022 ___________________________________ Jerry Merrill, City of Rexburg Mayor ATTEST: ___________________________________ Deborah Lovejoy, City Clerk Council President Busby moved to approve Resolution 2022 – 01 the destruction of Building Plan hard copies that have been archived digitally in the City’s designated records archive system; 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 Erickson Council Member Walker Council President Busby The motion carried. Calendared Bills: A. Second Reading: Those items which have been first read: 1. Ordinance No 1274 Creation of Local Improvement District 51 (LID 51) – Keith Davidson ORDINANCE NO. 1274 AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 51; 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 Walker moved to approve Ordinance No 1274 Creation of Local Improvement District 51 (LID 51) and consider second read; Discussion: Council Member Johnson said she is voting nay for consistency and desires change not because she is opposed to 11 LIDs. She would prefer to provide LID assistance to residents. Council Member Flora asked for a City Council Work meeting to discuss LID funding; 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. Third Reading: Those items which have been second read: 1. Ordinance No 1263 Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones #21-00802 with an Effective Date of January 1, 2022. – Alan Parkinson ORDINANCE NO 1263 Rezone Approximately 301 South 12th West, Rexburg, Idaho to Low Density Residential 1 (LDR1), Low Density Residential 2 (LDR2) and Low Density Residential 3 (LDR3) 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 moved to approve Ordinance No. 1263 an Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones with an Effective Date of January 1, 2022, with the following conditions: increase the density to allow three vendors to operate on one parcel and amend 9.04.060 Mobile-Vending Court letter (H) # 3. No Existing Restrooms. Permanent restrooms shall be constructed where there is not access to existing restrooms facilities. (No portable restrooms will be permitted) to allow portable restrooms when permanent restrooms are non- existing or inaccessible and consider third read; 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. 2. Ordinance No 1256 Amend Ordinance No 1029 and Ordinance No 707, Rexburg Municipal Code Chapter 6.1 and Chapter 6.2 to Clarify Business Registration Requirements for Solicitors, Mobile Vendors, and Street and Sidewalk Vendors as well as Removing All Land Use Regulations and Referring them to the Rexburg Development Code Ordinance No 1200 and its Amendments. – Deborah Lovejoy and Alan Parkinson ORDINANCE NO. 1256 AN ORDINANCE AMENDING ORDINANCE NO 1029 AND ORDINANCE NO 707; AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; DEFINING MOBILE VENDORS AS DAILY 12 VENDORS, PRIVATE PROPERTY VENDORS, OR TEMPORARY VENDORS; DEFINING MOBILE VENDOR VEHICLES OR STRUCTURES; DEFINING MOBILE VENDING COURTS; CLARIFYING SOLICITOR DEFININTION AS DOOR TO DOOR SALES; ESTABLISHING AN INSPECTION FEE FOR MOBILE VEHICLES OR STRUCTURES; REQUIRING BEER AND WINE CATERING PERMITS TO SERVE ALCOHOL AT A PARTY OR CONVENTION WITHIN THE CITY OF REXBURG, IDAHO; AND PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE AND FOR SEVERABILITY; AND PROVIDING WHEN SAID ORDINANCE SHALL TAKE EFFECT. Council Member Chamber moved to approve Ordinance No 1256 to Amend Ordinance No 1029 and Ordinance No 707, Rexburg Municipal Code Chapter 6.1 and Chapter 6.2 to Clarify Business Registration Requirements for Solicitors, Mobile Vendors, and Street and Sidewalk Vendors as well as Removing All Land Use Regulations and referring them to the Rexburg Development Code Ordinance No 1200 and its Amendments 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 None Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 3. Ordinance No 1273 Annex into the City of Rexburg property in the Impact Area at approximately 100 N 12th W and Rezone said property from Transitional Agriculture (TAG) and Community Business Center (CBC) to Mixed Use (MU) zone #21-00754 – Alan Parkinson ORDINANCE NO. 1273 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. 13 Council Member Flora moved to approve Ordinance No 1273 Annex into the City of Rexburg property in the Impact Area at approximately 100 N 12th W and Rezone said property from Transitional Agriculture (TAG) and Community Business Center (CBC) to Mixed Use (MU) Zone Rezone and consider third read with the condition that the annexation agreement will be signed before it goes into effect. Council President Busby asked if a sunset clause could be placed on this request. Council Member Flora amended her motion to include a 60-day sunset clause; 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. Adjournment 8:15 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk