The URL can be used to link to this page

Home My WebLink AboutCouncil Minutes - April 3, 2024(208) 359-3020 35 North Vt East Rexburg, ID 83440 Rexburg.org I Engage.Rexburg.org ............................................................................... City Council Minutes —April 3, 2024 Mayor Jerry Merrill Council Members: Bryanna Johnson Erick Erickson Robert Chambers David Reeser Colin Erickson Mikel Walker 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 Council Member Reeser said the prayer. Council Member C. Erickson led the pledge. Roll Call of Council Members: Attending: Council Member Johnson, Council Member Chambers, Council Member C. Erickson, Council Member E. Erickson, Council Member Reeser, and Council President Walker. Mayor Merrill did not attend the meeting. Welcome New Employees: Police Department Patrol: Tawny Seims and Carson Proctor; Oaths of Office sworn in by City Attorney Stephen Zollinger (0:03:15) Tawny Seims introduced herself, she said she moved here from Alaska three months ago. She recently got married to her husband who is attending nursing school at BYU-Idaho University. In Alaska she was a Fire Fighter/EMT for three years. She was born in Idaho Falls; however, she was raised in Oklahoma. Carson Proctor introduced himself, he was born in Pocatello; however, he grew up in Rexburg. He graduated from Madison High School in 2021. He is excited for the opportunity of being a Police Officer for the City of Rexburg. OATH OF OFFICE I, Tawny Seims, do solemnly swear that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, the Ordinances of the City of Rexburg, and the Law Enforcement Code of Ethics. I will endeavor to enforce these laws to the best of my abilities, and that I will faithfully discharge all of the duties assigned or requested of me in my capacity as a law enforcement officer for the City of Rexburg. Tawny Seims OATH OF OFFICE I, Carson Proctor, do solemnly swear that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, the Ordinances of the City of Rexburg, and the Law Enforcement Code of Ethics. I will endeavor to enforce these laws to the best of my abilities, and that I will faithfully discharge all of the duties assigned or requested of me in my capacity as a law enforcement officer for the City of Rexburg. Carson Proctor Public Comment: Items not 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: : o?: a.? ) A. Public Works: - Keith Davidson i. Bid Approval for 2024 Street Painting Project Public Works Director Davidson reviewed the sole bid received for the 2024 Street Painting Project which also includes crosswalks. The last Street Painting Project was for a duration of two years; however, this time the duration is for four years. The Idaho Traffic Safety company completed the last two years of street painting work. There were other companies that picked up the bid packet; however, did not return a bid. He recommended the Idaho Traffic Safety company be awarded the bid for those four years. BID TAB 111,0JECT: '01-1 �i 1\EET' I'AIN'TI G CONTRACTOR/COMPANY NAME: &VA410 y r. -Oz4 L% Cz 1,& ZoZ7 73 Council Member Johnson asked if the bicycle lanes are included in this paint project. Public Works Director Davidson replied, the city contracts with Idaho Traffic Safety to paint the bicycle lanes each year because they are the only local company that has the equipment to paint those lines. Council Member C. Erickson moved to approve the sole bid from Idaho Traffic Safety for the 2024 to 2027 Street Painting Project; Council Member Chambers seconded the motion; Council President Walker asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Council Member Johnson mentioned there was a campground fire left unattended at one of the campsites in Eagle Park. City Attorney Zollinger said the Parks Department does not open Eagle Park until the end of May and they are in charge of checking that park. As they hire their seasonal help, they should be able to check on Eagle Park more regularly. Mayor's Business: A. Proclamation No. 2024 — 02 Designate 2024 as the Year of the Military Caregiver in Idaho Jana Vosika said the year of Military Caregivers is part of a project by our Idaho State Regent Janice Beller in conjunction with the Elizabeth Dole Foundation; it is to make sure that we are adequately supporting the caregivers of wounded sailors, soldiers and airmen. These are men and women who have fought in battle and have come home with PTSD or physical injuries. The caregiver is the one that is spending their lives now dedicated to that injured sailor, soldiers or airmen. The Idaho State Regent's office in the next two years wants to find all the resources that are in a position to help the caregivers of the wounded warriors also the National Society Daughters of the American Revolution (DAR or NSDAR) would provide their services to this project as well. Council President Walker asked Council Member Johnson to read Proclamation No. 2024 — 02. PROCLAMATION No. 2024-02 In Support of Rexburg's Military Caregivers in Collaboration with Idaho's DAR and Hidden Heroes WHEREAS, the series of wars and conflicts in which our nation has been engaged over time, since World War II, has resulted in 5.5 million military and veteran caregivers who are parents, spouses, siblings, and friends, caring for those wounded, ill or injured who have served our nation, as documented by the 2014 RAND study commissioned by the Elizabeth Dole Foundation; and WHEREAS, the daily tasks of these military and veteran caregivers can include bathing, feeding, dressing, and caring for the injuries of wounded warriors, administering medications, providing emotional support, caring for the family and the home, and working outside the home to earn essential income; and WHEREAS, the nation provides multi -faceted supportto our wounded, ill and injured veterans and service members through public, private and philanthropic resources, but their caregivers receive little support or acknowledgement; and WHEREAS, most military and veteran caregivers consider the challenging work they do as simply carrying out their civic and patriotic duty, without realizing they are, in fact, caregivers, and do not identify themselves as such; and WHEREAS, an alarming number of military and veteran caregivers, according to research, are suffering numerous debilitating mental, physical and emotional effects as a result of their caregiving duties; and 2 WHEREAS, the City of Rexburg desires to recognize and support those who are serving in these vital roles in our own community; NOW, THEREFORE, BE IT RESOLVED I . That City of Rexburg announces its support of military and veteran caregivers in our communities. 2. That City of Rexburg seeks to identify military and veteran caregivers residing in our communities and determine the unique challenges they face. 3. That City of Rexburg will work to ensure that our government, organizations, employers, and non -profits are aware of the unique challenges of military and veteran caregivers and are encouraged to create supportive environments and opportunities for assistance. 4. That City of Rexburg encourages all who care for and support veterans and service members to extend that support to their caregivers. 5. That City of Rexburg shall designate a point of contact for our community, for citizens and organizations wanting to offer support and caregivers seeking that support. 6. That City of Rexburg uses the Elizabeth Dole Foundation's Military Caregiver Experience Map to understand the state of the military caregiver journey and use it as a tool to encourage community understanding and support. 7. That City of Rexburg shall work in concert with the Idaho State Society, Daughters of the American Revolution (ISSDAR) to execute these tasks, thereby ensuring Idaho's Military Caregivers are identified, acknowledged for their service, and supported wherever possible. ADOPTED by the City of Rexburg, State of Idaho, on this _ day of _ 2024. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Rexburg to be affixed this_ day of _ of the year of our Lord two thousand twenty-four. APPROVED: Jerry Merrill, Mayor ATTEST: Deborah Lovejoy, City Clerk Council Member E. Erickson moved to ratify Proclamation No. 2024 — 02 Designating 2024 as the Year of the Military Caregiver in Idaho; Council Member C. Erickson seconded the motion; Council President Walker asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. B. Proclamation No. 2024 — 03 Fair Housing Month April 2024 Council President Walker asked Council Member Chambers to read Proclamation No. 2024-03. PROCLAMATION No. 2024-03 April as Fair Housing Month WHEREAS, April 2024 marks the 56th anniversary of the passage of Title VIII of the Civil Rights Act of 1968, commonly known as the Federal Fair Housing Act; and WHEREAS, the Idaho Human Rights Commission Act has prohibited discrimination in housing since 1969; and WHEREAS, equal opportunity for all -regardless of race, color, religion, sex, disability, familial status or national origin -is a fundamental goal of our nation, state and city; and WHEREAS, equal access to housing is an important component of this goal -as fundamental as the right to equal education and employment; and WHEREAS, housing is a critical component of family and community health and stability and WHEREAS, housing choice impacts our children's access to education, our ability to seek and retain employment options, the cultural benefits we enjoy, the extent of our exposure to crime and drugs, and the quality of health care we receive in emergencies; and WHEREAS, the laws of this nation and our state seek to ensure such equality of choice for all transactions involving housing; and WHEREAS, ongoing education, outreach and monitoring are key to raising awareness of fair housing principles, practices, rights and responsibilities; and WHEREAS, only through continued cooperation, commitment and support of all Idahoans can barriers to fair housing be removed; NOW, THEREFORE,1, Jerry Merrill, Mayor of Rexburg, do hereby proclaim April 2024 to be FAIR HOUSING MONTH In the City of Rexburg, Idaho. ADOPTED by the City of Rexburg, State of Idaho, on this _ day of _ 2024. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Rexburg to be affixed this_ day of _ of the year of our Lord two thousand twenty-four. APPROVED: Jerry Merrill, Mayor ATTEST. Deborah Lovejoy, City Clerk Council Member Chambers moved to ratify Proclamation No. 2024 — 03 Fair Housing Month April 2024; Council Member Reeser seconded the motion; Council President Walker asked for a vote: Those voting aye Council Member Johnson Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Items for Consideration: Those voting nay none A. City staff recommendation to approve an amendment to Ordinance No 810 Parade and Public Assembly to prohibit personal property placed in the public right-of-way until 6: oo P.M. the day prior to an event and designate area of park facility reservation. Designated as Ordinance No 1310 if motion passes - Keith Davidson Public Works Director Davidson said he is recommending personal property not be placed in the public right-of-way until 6:oo P.M., the prior day to the event. Council Member Erickson suggested informing the public of the change of time of when they can place personal property in the public right of way in the city's utility newsletter. Council Member Walker asked for the information change to be advertised on the Main Street Sign. Public Works Director Davidson explained his second recommended change to the ordinance is to designate the area being reserved when a group rents a park shelter. He believes having a map indicating the area being reserved with a park shelter would be beneficial to the group making the reservation. City Attorney Zollinger clarified the city is not looking to create an enforcement option as much as they are looking to create a clarification of the area designated for that park shelter reservation. Council Member Johnson moved to approve Ordinance No 1310 Amendment to Ordinance No 810 Parade and Public Assembly to prohibit personal property placed in the public right-of-way until 6:oo P.M. the day prior to an event and designate area of park facility and consider first read; Council Member C. Erickson seconded the motion; Council President Walker asked for a vote: Those voting aye Council Member Johnson Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Those voting nay none M B. Planning and Zoning recommendation to approve a rezone from Public Facilities (PF) to Low Density Residential 2 (LDR2) at 245 Rodney Dr *24-00022. Designated as Ordinance No 1311 if motion passes — Alan Parkinson P&Z Administrator Parkinson reviewed the staff report regarding the rezone from Public Facilities (PF) to Low Density Residential 2 (LDR2) at 245 Rodney Drive. Planning and Zoning Staff Report SUBJECT: Rotary Park Rezone — File # 24-00022 APPLICANT: City of Rexburg PROPERTY OWNER(S): City of Rexburg PURPOSE: Change the Zoning Map PROPERTY LOCATION: Approx. 245 Rodney Dr COMPREHENSIVE PLAN: Low Residential CURRENT ZONING: Public Facilities (PF) PROPOSED ZONING: Low Density Residential 2 (LDR2) AUTHORITY: 41.03.010 (A) "The Commission shall hove the outhoriry to consider and recommend to the Council ordinances, amendments thereto, and repeal of ordinances affecting zoning, planning, and building within the City of Rexburg" Information to consider with this request: • The property is currently a park. • The property is located at the intersection of Rodney Drive, Nina Drive and Syringa Street in the Ricks Palmer Subdivision Division 1, • The rezone request applies to approximately .40 acres. • Public Facilities (PF) is zoned to the West of this property. Low Density Residential 2 (LDR 2) surrounds the property to the North and East and to the South is zoned Medium Density Residential 1 (MDR1). • A total of 41 hearing notifications were I .,•.. mailed to surrounding property 1 R owners. • Staff asks that the Planning & Zoning's Commission consider recommending that City Council approves " the application. e Council Member Johnson said the residents living by the park are upset that they are losing their neighborhood park. City Attorney Zollinger said the Parks and Rotary Committee members determined the Rotary Park is underutilized and an under managed park, so a neighborhood meeting was scheduled to inform the residents about the decommission of that park. The city Rotary Park is within a mile radius of five other city parks and those parks have better amenities. The committee members and City Staff determined it would be better to sell the land the park is on and use those funds to purchase amenities for the other parks. Discussion regarding potential locations for future parks. Council Member E. Erickson moved to approve Ordinance No 1311 a Rezone at approximately 245 Rodney Drive from Public Facilities (PF) to Low Density Residential 2 (LDR2) and consider first read; Council Member Chambers seconded the motion; Council President Walker asked for a vote: Those voting aye Council Member Johnson Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Those voting nay none C. Planning and Zoning recommendation to approve a rezone from Mixed Use (MU) to Community Business Center (CBC) at 1022 W Main St #24-Ooo84. Designated as Ordinance No 1312 if motion passes — Alan Parkinson 5 P&Z Administrator Parkinson reviewed the staff report regarding the proposed rezone at approximately 1022 West Main Street from Mixed Use (MU) to Community Business Center (CBC). Council Member E. Erickson mentioned he is concerned with the need for a second exit onto 12th West when this property starts to develop. P&Z Administrator Parkinson said the developer is working with the Idaho Transportation Department on the second exit. The developer is also going to need cooperation between landowners because access and exit would be going through other properties owned by different owners. Planning and Zoning Staff Report SUBJECT: 1022 W Main St (Erickson Property) Rezone— File ## 24-00084 APPLICANT Bron Leatham PROPERTY OWNER(S): 10T,ventyTwo Main LLC—Bron Leatham PURPOSE: Change the Zoning Map PROPERTY LOCATION: 1022 W Main St COMPREHENSIVE PLAN: Commercial CURRENT ZONING: Mixed Use (MU) PROPOSED ZONING: Community Business Center (C3C) AUTHORITY: §1.03.010 W 7hr Commission shah have the authority to wnsider and recommend to the Council ordinances, amendments trerety. and repeal df ordnance of ecting zcn:ng, Piorning, and buotaing within the City of Rexburg" nformation to consider with this request: • The property is currently an open field. • The property is located West of the middle interchange. • The rezone request applies to approximately 10.5 acres. • Mixed Use (MU) is zoned to the North and the adjacent property to the West, Community Business Center (CBC) is zoned to the South. There are 3 parcels nearby, to the West, that are zoned as Transitional Agriculture (TAG) and Community 5usness Center(CBC}. • A total of 16 hearing notifications were mailed to surrounding property owners. • Staff asks that the Planning & Zoning Commission consider recommending that City Council approves the application. Council Member Chambers moved to approve Ordinance No 1312 a Rezone at approximately 1022 West Main Street from Mixed Use (MU) to Community Business Center (CBC) and consider first read; Council Member C. Erickson seconded the motion; Council President Walker asked for a vote: Those voting aye Council Member Johnson Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Calendared Bills: A. Tabled Items: Those voting nay none 1. Public/Private Partnership contract for Community Ice Rink - Matt Nielson and Stephen Zollinger City Attorney Zollinger explained he met with the developer, and they are nearing a consensus on the contract and will probably be ready for the next City Council meeting. B. Second Reading: Those items which have been first read: NONE C. Third Reading: Those items which have been second read: NONE on 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 March 20, 2024 B. New On -Premises Beer and Wine License for Cafe Sabor 155 W 2nd S, Rexburg, ID C. Approve the City of Rexburg Bills Gale Hawkes expressed her concerns with allowing an on -premises beer and wine license for Cafe Sabor at 155 W 2nd S, because Hemming Village is a family community gathering place. They host Hocus Pocus, and the Nativity community events every year with a lot of children in attendance. She questioned the wisdom of allowing a restaurant in this area that is going to serve beer and wine where there are going to be a lot of children when these events take place. She asked the Councilmembers to strongly consider their decision of allowing a business to serve alcohol where a lot of children are present could potentially cause a lot of problems. City Attorney Zollinger explained there are parameters in which the city regulates beer and wine licenses and the denial of that license due to the proximity to social gathering areas is not one of those parameters. This particular property meets all of the space separation from areas that are protected areas. He said typically restaurants that serve beer and wine do not historically create opportunity for underage people to purchase alcohol; however, grocery and convenience stores are far more likely to create a problem for underage people to purchase alcohol. Gale Hawkes said she is not concerned with underage access; she is concerned with people that consume alcohol and their behavior after alcohol consumption. City Attorney Zollinger said if a location serving alcohol becomes a nuisance the city could revoke the beer and wine license. Council Member C. Erickson moved to approve the Consent Calendar containing the minutes, New On -Premises Beer and Wine License for Cafe Sabor 155 W 2nd S, Rexburg, ID and pay the city bills; Council Member Johnson seconded the motion; Council President Walker asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Discussion regarding the locations the City Council will tour during the Drive Around Meeting on Wednesday, April loth. Adjournment 7:30 P.M. Att st: M rianna Gonzalez Deputy hiy Cle APPROVED: Jerry Merril , Mapor 7