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HomeMy WebLinkAbout2005.05.04 CITY COUNCIL MINUTES T ORM F EQUEST R RAVEL CCM ITY OUNCIL INUTES May 04, 2005 7:30 P.M. City Council STATE OF IDAHO ) : ss County of Madison ) Present were the following: Mayor: Mayor Shawn Larsen Council Members: Paul Pugmire Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Irma Anderson Financial Officer Richard Horner P&Z Administrator: Kurt Hibbert City Clerk: Blair D. Kay PFC: John Millar City Attorney: Stephen Zollinger Pledge to the Flag Roll Call of Council Members: All Council Members were present. 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 the April 20, 2005 meeting B. Approve the City of Rexburg Bills Council Member Fullmer moved to approve the Consent Calendar; Council Member Anderson seconded the motion; Discussion: Council Member Pugmire asked for clarification on the cost of lights for the walking path at Smith Park. Council Member Benfield asked to clarify that the spouse’s tour, for the attendees at the June Conference for the Association of Idaho Cities in Idaho Falls, was only a “possibility” for Rexburg. The motion carried. All voted aye, none opposed. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) Presentations: A.Report on Governors Roundtable: Mayor Youth Advisory Board (MYAB) Council Member Benfield, Mayor Larsen and twelve members of the Mayor’s Youth Advisory Board participated in the Governor’s Roundtable at the University last Wednesday night. Mrs. Patricia Kempthorne spoke to the youth. On Thursday Governor Kempthorne spoke to the youth. Everyone had a great time. The University opened up the Bowling Alley for the event. Mayor Larsen mentioned that it was a very positive experience for the Mayor’s Youth Advisory Board. 1 B.Report on Groundbreaking Gala: Parks and Recreation Committee – Rich Ballou Mayor Larsen reported on the Groundbreaking event that was held in Porter Park last Saturday as a part of Arbor Days. The donations for the Spray Park at Porter Park were about $3,000. The Standard Journal committed $10,000 to the project that was announced in a previous Council meeting by Rich Ballou. Council Member Anderson indicated that there are others that have come to City Hall to make donations. A $100 donation or more will get your name on a plaque that will be displayed at Porter Park. The City will entertain naming the Spray Park after a donor with a large donation. The goal is to raise and additional $200,000 to add to the City’s commitment of $200,000 made by the City Council. The public donations will go towards the construction of three water slides. We are going to move forward on that project. Report on Pride Days/Arbor Day Mayor Larsen reported that the City celebrated Rexburg Pride Days by working at the playground equipment at Smith Park, Evergreen Kiwanis Park, and the Nature Park. Mayor Larsen mentioned that it was a cold morning with some concern that there would not be any one attending the events; however, he was pleasantly surprised with the turnout. Volunteers worked hard to put wood chips at the base of the playground equipment in Smith Park, Evergreen Kiwanis Park, and the Nature Park. Volunteers worked on the camp sites at the Eagle Park installing gravel for the camp fire areas. Committee Liaison Reports: Council Member Young A. : Downtown Vision · Rexburg Arts Council · Historical Preservation: The Historical Preservation Committee is nonfunctional due to the lack of a Chairperson. Council Member Young will seek a person to fill the chairperson position. Council Member Young reported the Historical Preservation Committee is uncomfortable holding a meeting without a chairman. He would like to know what the Mayor recommended. Should he proceed and try to find and individual to serve? Mayor Larsen asked Council Member Young to help find a chairman. Also, Mayor Larsen asked Council Member Young if the Committee members had any interest in continuing on with this committee. If there was a lack of interest among the members, then the Committee responsibilities could be delegated out to other City Committees. Council Member Benfield B. : Beautification · Traffic & Safety: She will report next time after meetings are held. Council Member Benfield reported that Beautification Committee meets this Friday and Traffic Safety meets next Tuesday. There is nothing new to report, but the flowers will be set out Friday. Council Member Erickson C. : Airport Board · Planning & Zoning: There was one Public st Hearing on the 1 North Corridor to change the Zoning. Planning and Zoning didn’t have a meeting this month. He reported on the last meeting that Planning and Zoning did have, and there was a short agenda. The people were all for changing the zoning as requested to a st Commercial use on the 1 North block where Ferguson Music is located; however, the blocks across the way the City residents would like to keep the same zoning. There was not one specific reason given for keeping the blocks on the other side of the street non-commercial. It was very interesting with only one block changing to Commercial Business. Rexburg Motor th Sports was recommended for annexation on 12 West. The Design Review Board recommended that the Planning and Zoning Commission recommend approval of the Walgreens site plan to the City Council. Council Member Pugmire D. : Golf Board: They will meet next week; therefore, there will be a report for the Council next time. Council Member Fullmer E. : Emergency Services Board: They will meet next week. Council Member Anderson F. : Museum · Tabernacle · Parks & Recreation: The Museum Committee is working on criteria to designate what comes to the Museum. They are looking at the legality of accepting acquisitions and disposing of other items in the Museum. The stage will be under construction May 10, 2005. Council Member Anderson asked to provide Recognition for the Civic Club for cleaning the Carousel. There were ladies from out of the area that helped clean the Carousel. Mayor Larsen G. : Trails of Madison County · Mayor’s Youth Advisory Board: The Pathway on the north side of the Teton River going north to Horkleys restaurant was funded by a grant. Mayor Larsen mentioned that the High School will give credit for a year of service on the Mayor’s Youth Advisory Board (MYAB). 2 Report on Projects: John Millar reviewed the following projects: 1.Walker Subdivision Road will be bid in a week. th 2.12 West water and sewer line is being bid 3.Porter Park pathway is ready to start. The sod will be for sale at a reduced cost. We will cut the sod and sell for a very good price. 4.Evergreen Kiwanis Park playground equipment has been installed with wood chips for added safety. 5.The Mayor and his family spent some time at Smith Park helping to clean up a bit and add wood chips to the new playground equipment. The playgrounds in Smith Park are now safer with 120+ cubic yards of wood chips installed. 6. The Council discussed some touching up that needs to be done at the City Parks; especially Smith Park and Porter Park. The Council would like some areas of Smith Park finished with extra sod from Porter Park. 7.The water pipe that is sticking out needs to be addressed at Smith Park. 8.Smith Park repairs at this time are a high priority. 9.Police and Four Paws Pet Adoption are working on animal shelter floor plans. 10.Evergreen Kiwanis Park has a sprinkler system around the play ground equipment and the sod will be laid around the play ground equipment with sod from Porter Park. New Business: nd C.Site Plan for Walgreen’s Development off South 2 East Bob Sherry and Roy Williams from Phillips Edison & Company presented an overhead presentation of the proposed site plan that was recommended by the Design Review Committee and the Planning and Zoning Commission. Council Member Anderson commented on the process and that it had been excellent. There was give and take and listening in the whole process. Council Member Pugmire echoed Council Member Anderson’s comments. It has been difficult on the developers, the Planning and Zoning Commission and the City Planning Staff. He congratulated everyone involved in the process to evolve the project into the current presentation. He thanked the developers for what they have done. Council Member Benfield thanked them for an outstanding presentation by going the extra mile and revitalizing the corner. Mayor Larsen referred to the report from the Design Review Board. All of the recommendations have been met. Lighting will come back to the Design Review Board and the Planning Commission for a recommendation. The developer will install a board on board cedar fence to buffer the property to the south. Signage will be reviewed similar to lighting. Mayor Larsen echoed the process concerning the City review of the site plan. He commented on the need to change the square foot limit from 10,000 square foot and larger buildings to include all buildings for building design review in the Downtown area. Council Member EricksonBob Sherry and Roy Williams thanked for their efforts and he commended the Design Review Board for doing a good job in making the plan happen the way it did. Bob Sherry commented that standards should be implemented for every building. He commented on the quality of the Design Review Board as being a good group of guys. They know what they are doing. 3 Kurt Hibbert indicated that they (Planning and Zoning) are done with the design review of Walgreens except the signage and lighting. Bob Sherry mentioned street trees, benches, and bike racks will be part of the site plan as an example for the entire downtown area. These items need planning interaction with the City to develop standards for the entire downtown area. Mayor Larsen commented that the City needs to have a standardized plan for processing the design amenities based on input from the Beautification Committee and the Downtown Vision Committee. Council Member Pugmire asked City Attorney Zollinger how to form a motion to include outstanding items with the project approval. City Attorney Zollinger indicated that the project is approved with respect to all elements except for signage, lighting, trees, street amenities, and bike racks which should be conditioned in the motion. An example would be to say: conditioned upon the following five items being approved and completed within six months. These five issues need to be clarified and approved with new standards. Roy Williams indicated that they need to know which City body will be working on the design requirements for those five issues. Mayor Larsen indicated that the Planning group starting with the Design Review Board would work on starting the process. The Planning and Zoning Commission would make a recommendation to City Council after hearing the Design Review Board recommendations. The Planning and Zoning Commission would use Ad hock Committees to finalize those issues. The Ad hock committees would make recommendations to Planning and Zoning which would then be the recommending body for City Council. Council Member Pugmire moved that we approve the site plan for Walgreens nd development at Main Street and 2 East contingent upon the subsequent approval of the open questions relative to trees, bike racks, fences, lights, signage, and other street amenities brought to us by the Planning and Zoning that I failed to mention; Council Member Young seconded the motion; all vote aye, none opposed. The motion carried. th Mayor Larsen referred to the public hearing on the land exchange on March 16, 2005. He asked Bob Sherry to show the land exchange on the overhead screen. He asked if there was anyone that wanted to speak to the land exchange that did not get th the opportunity on March 16, 2005. Bob reviewed the properties that would be exchanged between his Company, the City of Rexburg and Madison County. The portion of the new alley directly behind the proposed building will be forty feet wide. The County agreed to their portion of the land exchange in February. Now it is the City’s turn to approve their portion of the land exchange agreement. City Attorney Zollinger indicated that the land exchange was not a vacation of City property. It is an equal exchange of square footage. Bob Sherry mentioned that they will engage the City Council in the agreement. The Attorney from Phillips Edison & Company will lead in the formation of the land exchange agreement with cooperative help from City Attorney Zollinger. Mayor Larsen asked if anyone at the meeting wanted to make comments on the proposed land exchange. He asked the Council how they would like to proceed. City Attorney Zollinger explained that the motion will need to indicate that the finding of the Council was that the land exchange is value for value. The testimony given has indicated that the City will get twice as much usable space from the new alley. 4 Council Member Pugmire moved that the Council find that the proposed land trade nd with Phillips Edison & Company for the alley way off 2 East is value for value and to hold the citizens harmless; Council Member Erickson seconded the motion; Discussion: Mayor Larsen asked Council Member Pugmire to amend his motion to say include Phillips Edison & Company and the County. Council Member Pugmire amended his motion to say Phillips Edison & Company and the County; Council Member Erickson seconded the amendment; all voted aye, none opposed. The motion carried. Council Member Pugmire indicated that pursuant to the Councils finding of fact that the land exchange was value for value with Phillips Edison & Company and the County; He moved that we accept and authorize Mayor Larsen to execute the proposed land trade; Council Member Fullmer seconded the motion; Discussion: City Attorney Zollinger reviewed the land swap between the affected parties for the Council indicating that the value for value portion of the alley swap is the same square footage; however, there will be an easement provided by Phillips Edison & Company to widen the alley area to forty feet behind the Walgreens store. Council Member Young asked who would be responsible for paving and maintenance of that area. City Attorney Zollinger indicated that Phillips Edison and Company will pave the new alley and the City will maintain the 20 foot alley after it has been constructed. Phillips Edison & Company will maintain the balance of the alley that is wider than twenty feet wide. The amount of property that is exchanged in the fee simple agreement will be the Cities. The snow removal will need an agreement of understanding as it may be cheaper to clean some of alley while cleaning the parking lot or vise versa when the City cleans the snow out of the alley. The legal ramification will be that the City will be maintaining the alley for one-way traffic. In order to get their trucks in the alley, Walgreens will have to clean the remainder of the alley. Council Member Fullmer was concerned with the long term maintenance of the new alley. City Attorney Zollinger responded that the City would only be responsible for the alley way that was in the fee simple land exchange agreement. Mayor Larsen called for a vote on the motion to do a fee simple land The motion carried. exchange; all voted aye, none opposed. Public Hearings: - None Calendared Bills and Tabled Items : A.First Reading : Those items which are being introduced for first reading. - NONE B.Second Reading : Those items which have been first read - NONE C.Third Reading : Those items which have been second read. BILL 935 – 1.Non-traditional water customers nd John Millar indicated that there were no changes to the BILL since the 2 reading. There was no additional discussion. rd Council Member Young moved to consider BILL 935 as 3 read and approved; Council Member Fullmer seconded the motion; Discussion: Council Member Benfield applauded John Millar for bringing the BILL to the Council. It was a long time in coming. Those in Favor Those Opposed Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Irma Anderson The motion carried. 5 BILL 936 – 2. Amend Ordinance 800 for waste water nd John Millar indicated that there were no changes to the BILL since the 2 reading. There was no additional discussion. rd Council Member Pugmire moved to consider BILL 936 as 3 read and adopted; Council Member Benfield seconded the motion; Discussion: Those in Favor Those Opposed Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Irma Anderson The motion carried. 3.BILL 937 –Percent for the Art Council Member Pugmire explained that BILL 937 for the Arts has great future importance for the City. He expressed gratitude for the input that he received from many individuals concerning the Arts BILL. Around the nation, there are about 70% of Cities and States that are constant in the application of the Arts policy and about 30% of the cities adapt their policy to fit the needs of the local community. This BILL will allow the City to build on a great tradition of Art (Culture and heritage) in our Community for the future of Rexburg. Council Member Pugmire is very glad to sponsor this BILL and he urged adoption of the BILL 937. He explained that there were two people present at the meeting to support the BILL. Mayor Larsen Jeannie Anderson introduced as the Commissioner on the Idaho Commission on the Arts. She is located in Driggs, Idaho. She was supportive and applauded Council Member Pugmire for presenting this BILL to the Council. The Idaho Commission on the Arts has as its Mission to bring Art to all of Idaho. She explained that Rexburg is a magnet for much more than Madison County. She mentioned the motto for Rexburg “America’s Family Community” and involving families in the Arts. Mayor Larsen asked about the granting opportunities for the Arts. “Is there a certain time frame(s) for applying for an Art’s grant?” Jeannie mentioned that the grant applications are submitted in January and then reviewed by the Arts Commission for approval. The granting cycle ends in January. The full budget is 1.5 million and 2/3 of the budget is State funded and 1/3 of the budget is Federal funded. About $720,000 is dedicated to the actual Arts organizations. Jeannie Anderson explained that there are five different “Arts” programs and grants follow those programs. Three of the programs are Arts and Educations, Literature and Community Development. Council Member Anderson asked for some examples of Arts projects in other Cites. Jeannie mentioned that Public Art is displayed in Boise and it is based on historical aspects of the community. Some of the public art commemorates Boise’s history. They have a walking tour and public art is displayed along the river in Boise. The Ann Frank Memorial is another public art display in Boise. Public art are things that people come to see and to honor in a community. She gave examples of war memorials as public art. 6 Another example of public art would be to honor the past heritage of a community. In Coeur d'Alene they offer Native American Heritage as public art. Mayor Larsen indicated that Rexburg does celebrate our religious pioneer heritage and supports the idea of public art. The tabernacle is a building that comes from our religious heritage. Jennie Anderson mentioned Salt Lake City is a beautiful place to visit because they have offered public art from the very beginning. They are an example of a community that has promoted public art through their religious heritage. She mentioned that the City of Rexburg has a very progressive vision concerning the arts. Jeannie indicated that the City of Rexburg will be very pleased with the public art proposals that will be brought to the City for consideration. Mayor Larsen thanked Jeannie for coming to the Council meeting to support the Art’s BILL. Council Member Young asked if the proposed Veterans Memorial would qualify for a public art project. Council Member Pugmire mentioned that certain elements of the proposed Veterans Memorial could qualify for public art funding if the City provides the direction for that aspect of the project. Mayor Larsen asked Gerald Griffin if he would like to comment on the proposal for the Arts. Gerald Griffen was appreciative of the opportunity extended to him by Council Member Pugmire to speak on the Arts BILL. He mentioned that he does not have any practical experience on BILL’s like this one; however, he has seen them work in a variety of communities and on the State level. Some communities put away 1% for the cities project budget on public work or public buildings for aesthetic considerations. As a community grows, those kinds of things become very important because they are reflected in a practical way in the planning and zoning decisions, beautification and the aesthetics of the community which help determine the environment for the people. People respond in a sensory (felt) way to public art. He mentioned that on the BYU- Idaho Campus as they began to have growth, one of the things they realized was that they needed an arts budget. This was supported by the administration of the University. As a result they have had a yearly budget for the arts for the past seven years. Gerald Griffen mentioned that when a new building is dedicated, the walls are one of the first things that people notice. Bare walls are improved by adding some art work. He is very much in favor of this. Just like the Christmas lights, there were more people on Main Street in November for the lights. He also mentioned a small town in Colorado that is a show place for public art because they have displays of public art in art galleries and museums and on public property. These art displays have helped that city to grow. Council Member Young asked if this BILL applied to the entry sign that is being considered for Rexburg. Council Member Pugmire mentioned that the art must be designed by an artist. He intended this BILL to be applied to “Artsy” projects. Richard Horner reviewed the funds that could be used for this funding project for the arts. He did not want to include the Street projects due to the current low funding for streets. The City could raise $15,000 to 25,000 per year on capital projects excluding Street projects. 7 Council Member Erickson asked to take a project as a total instead of pieces of a project. Council Member Pugmire reviewed project definitions in the BILL. He recommended exempting the Street budget. Richard Horner asked about shared funds for other entities like the City/County Golf Course. The Council reviewed the definition of a project in the BILL. It would be the City’s portion of a shared project that would be included in the Arts funding. They discussed the projects that would be included in the Arts funding like a Federal project. Council Member Pugmire indicated that if the BILL calls for Arts funding for Federal projects, the Government Agency would respect the City Ordinance. The Council discussed the information Richard Horner provided concerning using funds form Building Permits. They concluded that the City should not make money on City fees. Mayor Larsen clarified the issue, of raising building permit fees to provide funding for the arts. It is a separate issue, and it is not part of this Arts BILL. Council Member Pugmire mentioned that the idea is to fund original works. Gerald Griffin reviewed the different types of art that can be displayed in a public art setting. Some art is mass produced that can be appropriate in a particular setting. The Council discussed the changes to the document that would include adding the Upper Valley Arts Council and Rexburg Beautification Committee to the BILL. Council Member Pugmire reviewed the changes to include the following: Under definitions (A): after the word means insert the City’s portion of. Line two: Strike the words paid for wholly or in part by the City. The paragraph will read as follows: the City’s portion of Capital Improvement Project: “Project” means all capital municipal construction or improvement projects or portions of projects, including construction, renovation or remodel of any public park, eligible street projects, building, parking facility or any portion thereof within the City limits; Under definitions (B) 2: Strike the words paid for wholly or in part by the City of Rexburg. Under definitions (B) 3: after the word do not include strike the words the portion of streets, sidewalks, curbs, alleys, or right-of-way improvements which are funded by assessments from a local improvement district. After the word do not include add the words projects paid for from the City Streets budget or a Local Improvement District (LID). Under General Requirements for Art (B 2): Strike everything after the word Community. The community standards as recommended by the Upper Valley Arts Council and approved by the City Council. After Upper Valley Arts Council add the words and the Rexburg Beautification Committee. Under General Requirements for Art (C 4): after the word artists add the words including commissioning original works of art. Under General Requirements for Art (D 4): Strike the words Works created by an artist who is a member of the Upper Valley Arts Council. Under Administrative Responsibilities (A): after the words cooperation with the strike the words City Arts Commission and add the words Upper Valley Arts Council and the Rexburg Beautification Committee. Under Administrative Responsibilities (B): after the words Upper Valley Arts Council add the words and the Rexburg Beautification Committee. Under Sources of Funds (B 1): Strike seventy-five hundredths percent and add one percent (1 %). 8 Council Member Pugmire moved to amend BILL 937 with the changes that we just ran through; Council Member Fullmer seconded the motion, all voted aye, none opposed. The motion carried rd Council Member Pugmire moved to 3 read BILL 937 for adoption and final passage; Council Member Fullmer seconded the motion; Mayor Larsen called for a roll call vote: Those in Favor Those Opposed Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Irma Anderson The motion carried. D.Tabled Items : Those items which have been the subject of an affirmative vote to a motion to table: Resolution 2004-22 1.(Adoption of Vision 2020 Rexburg Comprehensive Plan Text – Tabled November 03, 2004) Old Business: nd A. Land exchange of alley off South 2 East (Walgreen’s) – This item was discussed in conjunction with the Walgreens site plan discussion under New Business. D.Parliamentary Procedures – Paul Pugmire Mayor Larsen asked City Attorney Zollinger to review some minor changes that were needed to comply with State Statutes. The 110 day time frame to expire a motion to defer consideration was changed to 180 days because it is standard wait time to defer decisions in the State Statutes. The motion to refer to committee was changed from ninety days to thirty days because the City does not have the elaborate committee system that exists in the State legislature. Council Member Pugmire indicated the need to have a motion to adjourn sign-e-die that would kill all items that are outstanding (pending) before the Council at the end of a term (year) similar to the Congress where they dissolve their body each year. City Attorney Zollinger commented that the appropriate time for a sign-e-die motion may be at the end of an election year in the Council’s December meeting when a new Council could be formed by an election. This motion would kill all outstanding Bills every two years so that any new Council Member could start fresh in January with new legislation. Mayor Larsen asked to have a resolution number assigned to the document for consideration by the Council. The Council discussed the merits of requiring a second on all motions. They agreed to continue to require a second on motions. The proposed Resolution 2005-06 with amendments is attached: 9 City of Rexburg Council Rules of Procedure Resolution No. 2005-06 IT IS HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG AS FOLLOWS; SECTION 1: MEETINGS A.A meeting shall mean the convening of the City Council to make a decision or deliberate toward a decision on any matter. “Decision” shall mean any determination, action, vote or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of the Council is required, at any meeting at which a quorum is present. “Deliberation” shall mean the receipt or exchange of information or opinions relating to a decision, but shall not include informal or impromptu discussions of a general nature which do not specifically relate to a matter currently pending before the City Council. B. Quorum, Definition. A quorum of the actual membership, excluding vacancies, shall be necessary to conduct business and take official action. A majority of the actual membership physically present shall constitute a quorum. The Mayor shall not be counted in determining a quorum. C. Regular Meetings. The Council shall hold regular meetings the first and third Wednesday of the month at 7:30 p.m. at City Hall at 12 North Center Street. The City Clerk shall provide forty-eight (48) hour agenda notice prior to each meeting, however, additional agenda items may be added to the agenda by the Mayor and City Council up to an including the hour of the meeting, provided a good faith effort is made to include in the notice all agenda items known at the time to be probable items of discussion. Meeting and agenda notices shall be posted on the bulletin board at City Hall and on www.rexburg.org. The regular meeting schedule may be altered, and meetings may be added to the regular schedule by an action of the Council. D. Special Meetings. A special meeting of the Council may be called at any time by the Mayor or a majority of the members of the full Council. Meeting and agenda notice shall be made at least twenty-four (24) hours prior to any special meeting, unless an emergency exists. In the event of an unexpected circumstance that requires immediate attention of the Council, the Mayor may call an emergency meeting of the Council. Only those items relative to the emergency and requiring immediate attention may be considered at an emergency meeting. If an emergency meeting is called, all reasonable efforts shall be made to notify the public. E. Executive Session. Executive session shall mean any meeting or part of a meeting of the City Council which is closed to any persons for deliberation on any of the below listed matters. Upon a two-thirds (2/3) roll call vote of the full Council, the Council shall meet in executive session, after the presiding officer has identified the specific authorized purpose for the executive session, as listed below. No executive session may be held for the purpose of taking any final action or making any final decision. 1. To consider hiring a public officer, employee, staff member or individual agent, but not appointment to a vacancy in an elective office; 2. To consider the evaluation, dismissal, disciplining or hearing complaints or charges against a public officer, employee, staff member or agent; 3. To conduct deliberations concerning labor negotiations, or to acquire an interest in real property which is not owned by a public agency; 4. To consider records that are exempt by law from public inspection; 5. To consider preliminary negotiations involving matters of trade or commerce in which the City Council is in competition with governing bodies in other states or nations; 10 6. To consider and advise legal representatives in pending litigation or where there is a general public awareness of probable litigation; 7. To conduct labor negotiations if either side requests closed meetings. F. All meetings of the City Council except as provided in Section 1, Subsection E, shall be open to the public in compliance with Idaho Open Meeting Law Act (Idaho Code 67-2340 through 67-2347). SECTION 2: AGENDA AND MINUTES A. Agenda. An item may be placed on the agenda only by the Mayor or a member of the City Council. To be included on the agenda, an item must be received by the City Clerk two (2) working days in advance of the subject meeting. A consent calendar may be used for common and non-controversial items. An item on the agenda may be discussed without preceding motion. Any citizen or group wishing to address the Council may be placed on the agenda by the Mayor or a member of the City Council. The Mayor may provide for a public comment period on any agenda. B.Minutes. The City Clerk shall take full and accurate minutes of all Council proceedings. Minutes shall contain the roll call of the Council; all motions by verbatim, resolutions, orders, or ordinances proposed; the Council Members moving and seconding each question; the disposition of each question; and the results of all votes. Minutes shall include the motion and roll call vote to convene an executive session, and the specific authorized purpose for the executive session, as listed in Section 1, Subsection E of this Resolution. Minutes shall be available for public inspection during normal office hours within a reasonable time after each meeting. SECTION 3: PRESIDING OFFICER The Mayor shall preside at all meetings of the City Council, and control the order of the agenda. In the absence of the Mayor, the Council President shall preside. When any member is about to speak in debate or deliver any matter to the Council, he/she shall respectfully address the presiding officer, and shall confine him/herself to the question in debate and shall not make personal comments or criticisms addressed to any individual. The presiding officer has the power to: 1. Control the floor and grant permission to speak; 2. Rule motions in or out of order; 3. Determine whether a speaker has gone beyond reasonable standards of courtesy, and rule a member out of order on this ground; 4. Entertain and rule on questions of procedure; 5. Call a brief recess at any time; 6. Adjourn in the case of an emergency. SECTION 4: MOTIONS AND VOTING A. Substantive Motions. A motion may be made by any Council Member. A motion requires a second from another Council Member. A member may make only one motion at a time. Only one substantive motion may be considered at a time. A motion may be adopted only by majority vote of Council Members present. A roll call vote shall be taken upon the request of any member. The presiding officer shall state the motion, and then open the floor for Council discussion and debate according to the following principals: 1. A member must be recognized by the presiding officer in order to speak. 2. The maker of the motion is entitled to speak first. 3. A member who has not spoken on the issue shall be recognized prior to one who has previously spoken on the issue. 4. To the extent possible, debate shall alternate between proponents and opponents of the issue. 11 B. Procedural Motions. A procedural motion takes precedence over a substantive motion, and may interrupt deliberations on substantive motion. A procedural motion is debatable and may be amended. In order of priority, allowable procedural motions are: 1. Motion to Appeal a Ruling of the Presiding Officer. A ruling of the presiding officer may be appealed. A motion to appeal the ruling of the presiding officer shall only be in order immediately following the ruling in question and prior to any further action. The member making this motion need not be recognized by the presiding officer, and, if timely made, can not be ruled out of order. 2. Motion to Adjourn. A member may move to adjourn prior to completion of the agenda, providing no other motion is pending and the motion to adjourn does not interrupt deliberations. 3. Motion to Recess. A member may move to take a brief recess, providing it follows consideration of a substantive action and does not interrupt deliberations. If passed, the presiding officer shall establish the duration of the recess. 4. Motion to Suspend the Rules. A member may move to suspend the rules. The motion must state the rule(s) being suspended. Rules imposed by state or federal law may not be suspended. 5. Motion to Convene an Executive Session. A member may move to close deliberations to the public and convene an executive session. The reason for the executive session, as listed in Section 1, Subsection E of this Resolution, must be stated in the motion. Substantive motions are not in order in executive session. 6. Motion to Leave Executive Session. The Council must leave executive session and return to open session prior to adjournment. This must be done by motion and voted upon. 7. Motion to Divide the Question. A member may move to divide a question under deliberation. The division must be stated in the motion. 8. Motion to Defer Consideration. A member may move to defer consideration of a substantive motion or other matter before the Council. The motion to defer may state a time certain. If it is not revived prior to achieving the stated time, the substantive motion which has been deferred expires. If no time certain is stated in the motion to defer, and the issue is not revived, the deferred substantive motion expires in 180 days. If consideration of a motion has been deferred and the deferral remains pending, a new motion having substantially the same effect is not in order. 9. Motion to Revive. A member may move to revive consideration of a substantive motion, which has been deferred regardless of whether that member made the motion to defer. A motion to revive shall not be in order in the same meeting in which a motion to defer has passed on the same question. 10. Motion to Call the Previous Question. A member may move to call for a vote on the previous question. A motion for the previous question is not in order until every member who wishes to speak has had the opportunity to speak at least once. 11. Motion to Refer to Committee. A member may move to refer a matter before the Council to a committee for study and review. Thirty days after a matter before the Council has been referred to a committee, the maker of the original substantive motion may move the original motion again regardless of action or lack thereof by the committee. 12 12. Motion to Amend. A member may move to amend a substantive motion before the Council. A motion to amend must be pertinent to the original motion. A motion to amend is out of order if the effect of the amendment is the same as rejecting the original motion. A motion may be amended, and that amendment may be amended, but no further amendments may be made until the last-offered amendment is decided on by vote. An amendment shall be reduced to writing before the vote on the amendment. 13. Motion to Substitute. A member may move to substitute completely different wording for a motion currently under deliberation. 14. Motion to Reconsider. A member on the prevailing side of a vote may move to reconsider the outcome of that vote. The motion to reconsider is only in order at the meeting at which the original vote was taken. The motion cannot interrupt deliberations on a pending matter, but is in order at any time prior to final adjournment of the meeting. 15. Motion to Repeal. A member may move to rescind or repeal any earlier action of the Council. The motion is not in order if rescission or repeal would violate by state or federal law. 16. Motion to Prevent Reintroduction. A member may move to prevent reintroduction of a matter before the Council for up to six months. This motion shall be in order immediately following defeat of a substantive motion and at no other time. C. Withdrawal of a Motion. The maker of the motion may withdraw a motion, either substantive or procedural, at any time before it is amended or the presiding officer puts it to a vote. D. Renewal of a Motion. A substantive motion that is defeated may be reintroduced at a later meeting unless a motion to prevent reconsideration has been adopted. E. Mayor Vote. The Mayor shall vote in the case of a tie. The Council President may vote while acting as presiding officer regardless of whether a tie exists. F. Mayoral Veto. The Mayor shall have power to veto or sign any ordinance passed by the City Council; provided, that any ordinance vetoed by the Mayor may be passed over his/her veto by a vote of one-half (1/2) plus one (1) of the members of the full council, notwithstanding the veto, and should the Mayor neglect or refuse to sign any ordinance, and return the same with his/her objections, in writing, at the next regular meeting of the council, the same shall become law without his/her signature. G. Physical Presence. A member must be physically present to vote. Proxy voting is not allowed. H. Duty to Vote. A member may not abstain from voting unless a conflict of interest is declared, and the nature of the conflict is described in open session. A member declaring a conflict of interest for the purpose of abstaining from a vote may be compelled to vote by a majority vote of the remaining members. SECTION 5: PUBLIC TESTIMONY AND HEARING PROCEDURES A. Procedures. All procedures shall be directed to providing all participants in public hearings a fair chance to be heard by the City Council. B. Presiding Officer. The presiding officer shall have sole authority to recognize participants in the hearing process and to maintain order in its conduct. C. Limitations on Testimony. 13 1. Subject to Council review, the presiding officer may establish time limits on presentations in the interest of fairness and to provide more people with a chance to participate. Limitations shall be established at the beginning of the hearing. Whenever possible, the potential for time limits on oral testimony should be included in the notice of public hearing. 2. Public participants in the hearing process shall address the issue at hand and may state opinions as relevant to the issue under discussion. Irrelevant testimony or personal attacks shall constitute sufficient grounds for the presiding officer to cut short or exclude an individual’s testimony. SECTION 6: BILL, ORDINANCE, AND RESOLUTION PROCEDURES A. Classifications of Bills, Ordinances and Resolutions. All actions of the Council involving the exercise of the City’s legislative and police power functions, or actions otherwise required by law to be in ordinance form, shall be designated upon final passage as Ordinances and appear in form required by law. Upon first reading and prior to final passage, all ordinances shall be issued a Bill number. All other actions of the Council relating to the administrative business of the City and requiring written findings or statements shall be designated as resolutions. B. Reading of Bills and Resolutions. 1. Bills. Prior to final passage, all bills shall be read on three (3) different days, two (2) readings of which may be by title only and one reading of which shall be in full, unless a majority of the members of the full Council shall dispense with the rule. 2. Resolutions. Prior to final passage, all resolutions shall be read on one day, the reading of which may be by title only. SECTION 7: BOARDS, COMMISSIONS, AND COMMITTEES The Council may establish citizen boards, commissions, and committees to assist and advise it in its work. Bylaws, organization, membership, scope and jurisdiction, and procedural rules of such committees shall be established by the Council. SECTION 8: UNRESOLVED QUESTIONS Questions not resolved by rules established by the Council shall be settled by the current edition of Roberts Rules of Order, so long as it does not conflict with Idaho law. SECTION 9: EFFECTIVE DATE This Resolution shall be in full force and effect from and after the date of its passage. However, the Council may amend its rules according to the procedures described herein. PASSED by the Council and APPROVED by the Mayor of the City of Rexburg, Idaho, this ___day of May, 2005. ___________________________ Shawn Larsen, Mayor ATTEST: ___________________________ Blair D. Kay, City Clerk 14 Council Member PugmireCouncil Rules of moved adoption of Resolution 2005-06 “ Procedure”; Council Member Erickson seconded the motion; all voted aye, none The motion carried. opposed. Mayor Larsen explained that these rules would be included in the Council Members Handbook that Richard Horner is putting together for the City Council Members. Mayor’s Report: Committee Appointments: Mayor Larsen recommended Jon Weber, Marilyn Fife and Ralph Robison for Council confirmation to sit on the Urban Renewal Board. Marilyn and Jon are renewing there seats, and Ralph is replacing Reed Sommer on the Board. Council Member Benfield moved to approve the appointments of Jon Weber, Marilyn Fife, and Ralph Robison to the Urban Renewal Board; Council Member Young seconded The motion carried. the motion; all voted aye, none opposed. Mayor Larsen recommended Blake Snedaker to serve on the Trails of Madison County Committee and Roger Harris to serve on the Tabernacle Committee; Council Member Pugmire moved to ratify the appointments of Blake Snedaker to serve on the Trails of Madison County Committee and Roger Harris to serve on the Tabernacle Committee; Council Member Anderson seconded the motion; all voted aye, none The motion carried opposed. . thth May 16 to May 20 – Oversight Team review Department budgets with Department Heads by appointment th May 18 – City Council th May 19– Joint City/County meeting th May 27 – Free fisherman’s breakfast at St. Anthony st June 01 – City Council & Department Work meeting th June 04 – Teton Dam Marathon with politicians team Mayor asked for volunteers to participate in the Marathon. thnd June 13 – 2 Annual Rexburg Pride Day – Family service night on Monday at 6:30 p.m. on Main Street to plant flowers and hang baskets of flowers. thth June 15-17 – AIC conference in Idaho Falls. Council Member Pugmire asked to be excused due to a Quarterly meeting with National League of Cities Energy Committee. He asked for approval for the trip to the meeting in Anchorage, Alaska. There National Committee trips are funded locally. Council Member Erickson moved to fund the trip for Council Member Pugmire; Council Member Young seconded the motion; all voted aye, none opposed. The motion carried. th June 25 at 6:00 p.m. – Great Spud Race to include an air show and other wonderful events during the day. This event is sponsored by the Trials of Madison County. th June 29 – Council meeting for the 2006/2007 budget review. th May 09 – Senior Center luncheon at 12:00 noon: Mayor Larsen read a letter from the Madison County Seniors Center concerning an invitation to attend a lunch on May 09, 2005 celebrating the Senior Center. The City Council is invited to the luncheon. Neighborhood Complaint on Cornell Avenue Kurt Hibbert reviewed a map of Cornell Avenue concerning a neighbor complaint. The complaint was about the use of some of the properties in that area. There are some properties that have rented there properties for rentals in the area that is single family zoned. A home in the area is for sale and the concern is that the new buyer may rent the home to single students. 15 nd Council Member Erickson mentioned that it was the 2 house from the corner. He reviewed the parking that is in the alley west of this house. He thought there were a lot of cars parking in that alley. There is walk in basements that are full of students in that alley. Kurt Hibbert indicated that some of the properties in the area are legally non- conforming rental properties. Council Member Fullmer discussed the history of some of the units that may not be conforming to the zoning. Kurt Hibbert mentioned that the burden of proof is on the landowner. If it was not legal under an old Ordinance when the home was converted to a rental, it would not be legal now. He mentioned that one home used to have a married couple upstairs and a married couple downstairs and they have since converted to single student housing in those units. There have been set backs paved for parking that was not allowed in the Ordinance. This has created a high level of density that the Low Density Residential One Zone was never intended to support. Now, you have multifamily uses in a single family zone. Mayor Larsen asked the Council how they wanted to proceed. Council Member Pugmire indicated that there was not a specific action before the Council. He discussed the issue of compliance without a specific request. Council Member Erickson asked if the complaint was issued because the City was not enforcing the Zoning Ordinance. Kurt explained that the complainant wants the City to enforce the Zoning Ordinance. City Attorney Zollinger recommended a record search to see if there was a prior nd decision or action on a parcel. He was not convinced that any of the properties along 2 South were illegal due to the lack of a records search to determine if a prior Council did authorized a particular use on any of those parcels. If the City Council approved a use then it is legal. Evan if the Council decision was in conflict with a Zoning Ordinance, a neighbor would only have 180 days to formally contest the decision; otherwise, it would become a legal decision. He contended that the City has a Staff that is perfectly qualified to do a records search to determine if each parcel was or was not approved for multi- family housing. He was reminded of the Chimes Apartments who were accused of not having a permit for multi-family housing; however the City was proven to be wrong because they had petitioned the Council for permission to put students into the Chimes Apartments. Council Member Fullmer recommended a Staff search of the records to see if properties were authorized to have apartments in their homes. Mayor Larsen recommended using the City enforcement officer to enforce the Zoning Ordinance. City Attorney Zollinger mentioned that the City enforcement officer is very, very thorough (exhaustive). He did not want to take any action or accuse someone of a crime based on hear-say evidence without searching the records. Kurt Hibbert referenced the need for the property owner to provide the City with that information if they have been given approval by the City Council. City Attorney Zollinger indicated that the burden of proof falls on the City if the property owner is not seeking a change of use where they have been providing multi- family housing for ten to fifteen years. Kurt Hibbert indicated that three of the homes converted to multi-family housing after the Zoning Ordinance was implemented. He was not aware of any of those property owners getting City permission to convert to multi-family housing. 16 Mayor Larsen recommended moving forward with the enforcement of the Zoning Ordinance. Kurt Hibbert will work on the complaint to see if the property has permission to go to multi-family housing. Council Member Fullmer suggested reviewing the Comprehensive Plan for this area in a future meeting. It seems inconsistent with the way the area has been zoned. He mentioned that there are Medium Density Homes in a single family zoned area. It is an area that the Council needs to be monitor. E.Executive Session – Idaho Statute 76-2345 (C) Mayor Larsen indicated that the Council needed to move into Executive Session under Idaho Statute 76-2345 (C). He read the new Council rules that require a role call vote to go into Executive Session. Council Member Young moved to go into executive session pursuant to the Mayor’s request; Council Member Erickson seconded the motion; Those in Favor Those Opposed Paul Pugmire None Donna Benfield Nyle Fullmer Rex Erickson G. Farrell Young Irma Anderson The motion carried. Executive Session: Executive Session ended. Adjournment ____________________________________ Shawn Larsen, Mayor Attest: ___________________________________ Blair D. Kay, City Clerk 17