HomeMy WebLinkAboutCouncil Minutes - April 20, 2016.pdf
1
April 20, 2016
Mayor Jerry Merrill
Council Members:
President Sally Smith Jordan Busby
Donna Benfield Tisha Flora
Christopher Mann Brad Wolfe City Staff:
Stephen Zollinger – City Attorney
Matt Nielson – Finance Officer
Blair D. Kay – City Clerk
John Millar – Public Works Director
Val Christensen – Community Development Director
Scott Johnson – Economic Development Director
6:30 P.M. City Hall – Pledge to the Flag
Isaac Zimmer led the pledge.
Patrick Bjornn said the prayer.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Busby, Council Member Mann,
Council Member Wolfe, and Mayor Merrill.
Council President Smith and Council Member Benfield asked to be excused.
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.
Presentation:
A. Speed Bump discussion at Pinehaven Subdivision - Pat Bjornn & Neighbors
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x2313
Fax: 208.359.3022
blairk@rexburg.org
www.rexburg.org
City Council Meeting
April 20, 2016
2
Mr. Bjornn a resident on Pinehaven Street reviewed the map of the Oakbrook Subdivision. He said
when he purchased his house in 2003 there were only about three houses built. The apartment
complexes to the west of the subdivision were not built yet. He indicated before purchasing his
house he asked the contractor if more apartments were going to be built and if he was going to live
on a street that would become a thoroughfare for the university students. He was also informed
there would be a park; however, a retention pond was put in instead. The retention pond is used by
dogs and has become a cesspool. Mayor Merrill mentioned the City will be installing dog waste
stations so the dog owners can clean up after their pets.
Mr. Bjornn explained he counted the number of children living in the subdivision; there are about
130 children 40 of them are under the age of five. There are a total of 50 homes including the 3
homes on Mariah Avenue. Mr. Bjornn expressed his concern for all of the children residing in the
subdivision. He said there are many examples of the dangerous situations the children have
encountered because of people speeding. He stated the speed bumps the City recently installed on
Pinehaven Street have helped tremendously. The subdivision residents started requesting the City
install speed bumps about 10 years ago.
Mr. Bjornn continued to explain there are 130 children constantly crossing the streets in the
subdivision. He said since the installation of the speed bumps about a month ago, they have seen the
speeds decrease. He said the residents have been pleased with the results of the speed bumps; they
have requested more be added.
Mr. Bjornn reviewed the street map he handed out to the City Council; all of the blue lines are
neighborhood streets used as a thoroughfare by the university students. He recommended to City
Council to add speed bumps on these other streets that are affected by people speeding. He and
other subdivision residents believe the speed bumps are the only solution to the speeding issue. The
City has tried to patrol the area and have on occasion installed speed trailers; it has not worked. As
soon as the patrol officer leaves and the speed trailers are removed, the speeds increase again.
Mr. Bjornn stated it was very poor planning to allow all of the apartment complexes to be built by
these subdivisions and to think the university students would only use Pioneer Street and 7th South
to get to the university. He explained a university student late to class will clearly take the shortest
most direct route to get to class. This means speeding through a residential neighborhood causing a
dangerous situation. Mr. Bjornn asked City Council to allow the speed bumps on Pinehaven Street
to remain. He recommended that speed bumps be installed on all of the neighborhood streets along
the stretch of Pioneer Road to insure the safety of the neighborhoods.
3
Mayor Merrill thanked Mr. Bjornn for his presentation and stated City staff has discussed the
traffic issues that Pinehaven Street is experiencing. Mayor Merrill asked City Council if they see a
need for a committee to be formed to review the City’s policies. He said according to the City’s
policy and the gradation used for traffic flow, volume and speed; Pinehaven doesn’t meet the
qualifications for a traffic calming device to be set in place.
Mayor Merrill stated the City Council’s role is not to make these types of judgment calls; however,
their role is to set policy. He said if City Council would like to review the traffic calming measures
policy with City staff and recommend policy changes, he would entertain a motion.
Council Member Busby indicated he understands City Council’s role is to set policy; however their
number one priority is the safety of the community. He said there is a need for traffic calming
measures as the City grows and as more apartments are being built, traffic becomes a problem for
these single family residential streets.
Council Member Busby questioned if forming a committee is necessary to add traffic calming
measures to single family residential streets. Mayor Merrill replied that a committee is necessary to
study the City’s traffic calming measures policy. Mayor Merrill explained if City Council were to
implement changes without following the City’s current policy, it could cause issues in the future.
The committee would review the current policy and recommend changes that would address the
traffic issues Pinehaven Street is experiencing. Council Member Busby stated if a committee is
formed, he is willing to serve on the committee.
Council Member Mann said he agreed a committee is needed; however, he expressed the need for
a permanent solution for the traffic issues other City streets are experiencing, for example Park
Street, Johnson Street, etc. He said a solution is needed to slow down traffic and encourage the
university students to use Pioneer Road instead of cutting through the subdivision streets.
Council Member Wolfe asked Public Works Director Millar if one of the problems with the speed
bumps is that they can’t be left out during the winter months due to snow removal. Public Works
Director Millar replied the speed bumps would need to be removed every winter for snow removal.
Council Member Wolfe asked if the speed bumps cause any damage to the road. Public Works
Director Millar indicated the speed bumps are nailed down into the street which causes some
damage to the road due to the installing and removing.
Council Member Flora thanked Public Works Director Millar and Mayor Merrill for listening to
her concerns and expressed her appreciation for their wisdom. She said a committee is necessary to
review the current policy and make the changes needed to do a better job of meeting the safety
needs of our community.
Mayor Merrill asked the City Council Members how many of them would like to serve on the new
committee. Council Member Flora and Council Member Busby stated they are interested in serving
on the committee. Mayor Merrill said he will work with City staff in putting together a committee to
review the City’s current traffic calming measures policy.
Mr. Bjornn asked if the cost of the speed bumps would be an issue, if so his neighborhood will help
with the purchase of the speed bumps for their subdivision.
Council Member Busby asked Public Works Director Millar to look into the issue with the traffic
light on Yellowstone Hwy. and Pioneer Road. The light isn’t working correctly, the east and west
traffic gets backlogged. Public Works Director indicated the cycle was adjusted about a week ago; it
has helped with the backlog of traffic.
Mayor Merrill expressed his appreciation for the Pinehaven Street residents and thanked them for
bringing the traffic issues to the City Council’s attention.
4
Letter form Pinehaven residents.
5
6
7
8
9
Committee Liaison Assignments for 2016:
A. Council Member Mann: Golf Board · Emergency Services Board · GIS Oversight. Development Workshop Board
Council Member Mann reported the three committees that he is the City liaison to have
not met.
B. Council Member Busby: · Airport Board · Traffic & Safety · Trails of Madison County
Council Member Busby reported the three committees that he is a City liaison to have not
met.
C. Council Member Benfield: Police · MYAB· Parks & Recreation
Council Member Benfield was excused.
Mayor Merrill reported the Parks Department is busy getting the City’s parks ready for use.
The baseball fields are completely booked; some of the Rexburg baseball teams are going to
Rigby to play. The City is working on building more baseball fields; the process is ongoing.
Mayor Merrill reported Mayor’s Youth Advisory Board met today to discuss the service
project at Riverside Park on May 4th from 4:00 p.m. to 6:00 p.m.
D. Council Member Smith: Legacy Flight Museum · Beautification Committee · M.E.P.I.
Council President Smith was excused.
E. Council Member Flora: School Board · Rexburg Arts Council/Museum of Rexburg
Council Member Flora reported the Madison School Board will meet next week; however
the Dare Graduation will be held tomorrow.
Council Member Flora commended the Rexburg Arts Council Committee Members for
their efforts in getting organized and moving forward. She introduced and thanked Anna
Bjornn the Rexburg Arts Council Chairman for the fantastic job she is accomplishing.
Council Member Flora said she is excited about all of the events planned for this summer.
The Rexburg Tabernacle Orchestra will be preforming three different selections; one of
them is the Star Wars theme. The Upper Valley Women’s Choir Concert “Get Happy” will
be on Monday, May 9th at the Tabernacle; also Alex Boyé will be preforming at the Rexburg
Tabernacle on May 19th. Adrian Knighting from C4 Connect attended the Rexburg Arts
Council meeting to talk about the humanities expo taking place at the Tabernacle on May
21st.
Council Member Flora mentioned the Rexburg Arts Council is working on a Melodrama
scheduled for this fall. They are also volunteering at the Art Grows Rexburg Event which is
hosting a children’s camp on May 16th. She said there are many more events and encouraged
all of the City residents to visit the Rexburg Arts Council website www.rexburgarts.com to
find out more information about these events.
Council Member Flora reported on the Museum of Rexburg and the Rexburg historical
buildings. She said Museum Curator Jackie Rawlins and volunteers are continuing to clean
and organize the artifacts at the museum.
Mayor Merrill mentioned the Rexburg Heritage Festival will be held this September. He
indicated BYU-Idaho University Students majoring in Communications and Public Relations
presented ideas on how to advertise the festival and gave input on different activities for the
festival. The purpose behind the festival is to try to unify the City residents with the BYU-I
students to insure the feeling of one united community instead of two separate communities.
F. Council Member Wolfe: Planning & Zoning · Urban Renewal Agency · IBC
10
Council Member Wolfe reported Planning and Zoning met two weeks ago. They held a
public hearing regarding the Summerfield PUD (Planned Unit Development). They
recommended approval; City Council will be considering the Summerfield PUD, later in this
meeting. Planning and Zoning has been discussing changes in parking, zoning, etc. to the
City’s Development Code. He mentioned several City staff members will be attending a
Planning and Zoning conference in Provo, Utah this Thursday and Friday. The Urban
Renewal Agency has not met.
Staff Reports:
A. Finance: Matt Nielson
1. Review proposed Cost of Living Adjustment
Finance Officer Nielson presented the recently published Cost of Living Adjustment (COLA) using the
Consumer Price Index with a recommendation of 1.28% cost of living adjustment for City Employees.
Discussion:
Finance Officer Nielson indicated in the past the City used the American City and County Organization’s
graph to determine the cost of living. He included the American City and County Organization’s index rates
for the years 2012 through 2015 on the report. He stated the cost of living rates come from the Bureau of
Labor Statistics-Consumer Price Index. He complied all of the index rates from 2007 to 2016 to show the
changes over the years with the index rates. He also added to the right of the report the Cost of Living rates
the City has adopted. He explained last year the American City and County Organization reported an
increase of 1.04%; however, the City decided not to adopt the increase. He combined the -0.09% in 2015
with the 1.37% in 2016 Cost of Living rates to recommend an increase of 1.28% for City Employees.
Council Member Mann moved to approve adding the 1.28% cost of living adjustment for City
Employee to the 2017 Budgets; Council Member Busby seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Busby
Council Member Mann
Council Member Wolfe
The motion carried
2. Review recommended increases to Impact and Capacity Fees and set Public Hearing by motion.
11
Finance Officer Nielson asked for a review of the Impact and Capacity Fees and set a public hearing to
adjust the fees to the actual cost or impact of new growth to the City.
Finance Officer Nielson reviewed the cost associated with building a new home in Rexburg
compared to other cities. These are up front cost, for permits, fees, etc. with no taxes included. He
asked City Council to keep in mind these are the cost for the 1st year. The cities with universities
have an asterisk by the name of the city. He indicated the cities of Pocatello, Blackfoot and Idaho
Falls 1st year costs are lower than Rexburg.
12
Finance Officer Nielson reviewed the new home costs from 2015 20-year total. He said they
included the levy rate for each city. When the tax rate is included, it changes the totals. He compared
costs between the cities of Pocatello, Idaho Falls, and Blackfoot to Rexburg. The reason these cities
costs compare higher than Rexburg is because they have a higher levy rate. The Utah cities compare
lower because they don’t have high property taxes.
Finance Officer Nielson reviewed the 2016 City Sales & Property Tax Receipts Per Capita. He
said the cities in Montana for example; Bozeman only collects property taxes because they don’t
have a sales tax. The Utah cities have a higher sales tax and Rexburg is 2nd to the lowest. He
explained Rexburg only receives $151.00 per capita for property tax and $48.00 for sales tax per
capita.
Finance Officer Nielson reviewed the proposed Impact and Capacity Fees increase chart below.
13
Finance Officer Nielson stated at first the City was required to meet with the Impact Fee and
Capacity Fee Review Committee every five years to seek a recommendation to present to City
Council regarding these fees. He indicated the reasons why the fee increases appear high is due to
the five year time frame in between the reviews. He said another issue in waiting is the City can’t
keep up with inflation. The committee met two years ago and decided to review the fees every year
to evaluate small increases in the fees.
Finance Officer Nielson explained this year the consensus from the majority of the Impact Fee
and Capacity Fee Review Committee was that they wanted City staff to look at the building cost
index, which showed a 2.44% increase over last year, plus a maximum of 2% in addition to the
increase. This approach was recommended until we catch up to the full cost. It is similar to prime
rate with an additional increase. He indicated three of the committee members agreed with this
approach along with the recommended fees. There was one committee member that agreed with
some of the fees; however, not all of the fees. And one other committee member didn’t want to see
an increase in any of the fees. He said 3 ½ out of the 5 committee members and City Staff agreed
with the fee increase.
Finance Officer Nielson referred to the “Home” section of the Impact and Capacity Fees increase
chart. The sewer and water are capacity fees, the Park, Police, Fire and Street are impact fees. He
reviewed the current, full cost and the increase to the fees. Finance Officer Nielson stated he is
seeking a recommendation from City Council to set a public hearing for May 18th.
Council Member Flora questioned the reason for the increase; she asked if the increase would help
in offsetting the costs in water and sewer for new construction. Finance Officer Nielson explained
the capacity and impact fees pay for infrastructure the City has already built. This makes it so that
the tax payer doesn’t have to pay for it on the base rate.
Council Member Mann referred to the process of charging capacity and impact fees to people
purchasing shares in a company. The City has created a water system, waste water treatment plant,
etc.; new construction would be purchasing shares into what everyone else has already paid for. This
is a way for new development to pay for its self so that the costs don’t fall back on long term
residents.
Finance Officer Nielson said the capacity and impact fees are also a way to maintain and keep the
service levels the same. He mentioned if the City was to grow by 50% and no parks were added, the
existing parks would be heavily used causing the service levels to decline. Council Member Mann
indicated the park impact fees would pay for new parks.
Council Member Flora moved to set a public hearing to review the Impact and Capacity Fees with public
input on May 18th, at 7:00 P.M. 2016; Council Member Busby seconded the motion; Mayor Merrill asked for
a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Busby
Council Member Mann
Council Member Wolfe
The motion carried
14
3. Review monthly financial reports.
Finance Officer Nielson reviewed the following financial reports with City Council:
Finance Officer Nielson reviewed the Expenditures Budget Summary Report six month ending.
The City has spent 43% of the 50% in operating expenditures. In the Capital Expenditures the City
has spent 8% and Total Expenditures for all funds are at 18% spent.
15
Discussion:
Finance Officer Nielson reviewed the Revenues Budget Summary Report. The City has received
40% of the Total Operating Revenues. In the Total Capital Revenues the City has received about
$12,737,379.00 and has spent $14,184,719.00. He indicated the -2% is typical due to the timing in
receiving the receipts for capital projects.
16
Discussion:
Finance Officer Nielson reviewed the Cash and Investment Balance Report. The City is currently
investing about $23,670,811.00.
17
Discussion:
Finance Officer Nielson reviewed the Treasurer’s Expenditure Report. This report will be published in
the local newspaper that gets published every quarter. He mentioned the Fire Operations fund is showing a
large deficit. The reason for the deficit is because the funds from the Ambulance District haven’t been
collected. They are experiencing budget constraints and are trying to figure out a way to fund their share of
the costs. He said the other funds showing a deficit in the report will adjust when the City starts billing for
these accounts.
B. Public Works:
Public Works Director Millar reported the Water Distribution Improvements Project Phase #1 went out
to bid. Edstrom Construction was the low bid.
18
City of Rexburg
Water Distribution Improvements Project Phase 1 #215074-002
Bidder Amount
Edstrom Construction $2,470,859.40
HK Contractors $3,707,360.00
Depatco, Inc. $2,735,241.78
Knife River $2,735,241.78
Engineers Estimate $2,600,000.00
Council Member Busby asked about the time frame for the project. Public Works Director Millar replied
the project will begin immediately and be completed by October of this year. Council Member Busby asked
if there is an allowance for unforeseen circumstances. Public Works Director Millar indicated they included
a marginal allowance; there could be some change orders.
Council Member Wolfe moved to approve the low bid from Edstrom Construction for Water
Distribution Improvements Project #215074-002 phase 1; Council Member Busby seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Busby
Council Member Mann
Council Member Wolfe
The motion carried
Public Works Director Millar reported the wastewater project is under construction and is on schedule.
They started constructing the new storage building and pasteurization building at the wastewater plant. The
street project which mainly consists of installing the storm drains on 4th West is progressing. They will be
working on the railroad crossing. The street project will then be put on hold for seven weeks, after the seven
weeks they will restart at the section of 4th West to 2nd W and reconstruct the entire road in the two block
area.
Mayor’s Report: The Mayor reported Beehive Federal Credit Union is interested in funding the
building of a pavilion at Porter Park. The contractor they had hired to build the pavilion informed
them that they are too busy. They will have to wait until fall to begin the work on the pavilion.
Mayor Merrill indicated Economic Development Director Scott Johnson and City Employee Daniel
Torres are working on the Business Competition. He said the competition is a great way to help start
up new businesses.
Mayor Merrill asked Public Works Director Millar if the leak at the Rexburg Rapids pool has been
located. Public Works Director Millar said the leak has not been located. He will start the process of
locating the leak soon.
Mayor Merrill reported he met with a representative from the Community Chronic Condition
Coalition. He said the group educates the public on how to manage chronic conditions, such as
diabetes. The group’s representative was seeking support from the City to encourage participation
from other City entities. Mayor Merrill said participation from the emergency medical technicians
and hospital employees would be great too. The group desires to keep the program going. There is
another meeting scheduled on April 25th.
Mayor Merrill mentioned the Mayor of Blackfoot has issued a challenge to the East Idaho Cities.
They have organized a 5k race and would like the top runners from each city to compete with the
19
City of Blackfoot’s top runner. The race is scheduled for May 21st for anyone interested in
participating.
Mayor Merrill said a Rexburg Police Officer has been stationed at the south interchange to direct
traffic when the Madison High School students are released from school. This will help with the
traffic flow.
Mayor Merrill reported Economic Development Director Scott Johnson is also working on four
different programs, one is the business competition that he already mentioned. The second program
is called “The Big Idea” competition; which is a precursor to business development. In this
competition the participants will present their business ideas to see if they will progress. The winner
or winners of this competition will receive cash prizes. The third program is called “business
gardening” this program will help the people starting a business here in Rexburg and also help the
existing businesses expand. He said another part of this program would help connect the people
with the business ideas and possible investors. The fourth program it to offer suggestions to existing
businesses on how to grow and help with marketing their business online.
Mayor Merrill mentioned the Teton Dam Marathon will be on June 4th this year. The City’s Race
Director is asking for volunteers.
Public Hearings: None
Items for Consideration:
A. Summerfield PUD (Planned Unit Development) Master Plan Amendment –
Approximately 12th West and 1000 South - Troy Kartchner
(Recommended for approval by Planning and Zoning)
20
City Attorney Zollinger presented the Summerfield PUD (Planned Unit Development) Master
Plan Amendment at approximately 12th West and 1000 South.
City Attorney Zollinger reviewed the changes to Summerfield PUD Master Plan map. He indicated
which sections have already been built. They are planning to start building single family homes to
the north and any new streets will connect to 7th South.
Council Member Flora questioned the size of the lots. City Attorney Zollinger said he is unsure
what the lot sizes are.
Mr. Dan Larson reiterated the changes to Summerfield Master Plan. He indicated the lot sizes vary
depending on what is built; twin homes or single family homes.
Discussion:
Council Member Busby questioned if the sewer capacity would be sufficient for the next phase of
the Summerfield Development. Public Works Director Millar indicated the sewer capacity was
planned to handle the volume sewerage.
Council Member Busby moved to approve the Summerfield PUD (Planned Unit Development)
Master Plan Amendment at approximately 12th West and 1000 South; Council Member Mann
seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Busby
Council Member Mann
Council Member Wolfe
The motion carried
Tabled Items:
A. Development Code Modifications to the Development Code for Parking Regulations and
Building Heights.
1. Height of Buildings in CHAPTER 4 – Section 4.16 in the Infill/Redevelopment areas only:
Referenced in CHAPTERS 3 – Section 3.9.100, Section 3.10.100, Section 3.14.120, Section 3.17.090
– Infill/Redevelopment Standard: Proposal - No height requirements in the High Density
Residential 1 (HDR1) zone; High Density Residential 2 (HDR2); Mixed Use 2 (MU2); and the
Central Business District (CBD) except where these zones abut low or medium density residential
zones, and then buildings must meet the mitigation requirements of Section 4.
2. Dormitory parking to be reduced to .8 per student in CHAPTER 5 – Section 5.8 in the
Infill/Redevelopment areas as described in Section 4.16.
Mayor Merrill recommended discussing the tabled items at a later date, City Council agreed.
Calendared Bills and Tabled Items:
A. LAND USE ACTION – BILLS RECOMMENDED/APPROVED IN A LAND USE
PUBLIC HEARING PROCEDURE: – NONE
B. BILL Introduction: – NONE
C. First Reading: – Those items which are being introduced for first reading: - NONE
D. Second Reading: Those items which have been first read:
1. Ordinance 1142 – Hemming PRO Zone (Project Redevelopment Option) replacing Ordinance
No. 1006.
21
Council Member Wolfe moved to consider Ordinance 1142 second read for the Hemming PRO
Zone (Project Redevelopment Option) replacing Ordinance No. 1006; Council Member Flora
seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Busby
Council Member Mann
Council Member Wolfe
The motion carried
E. Third Reading: Those items which have been second read: NONE
Mayor’s Business: None
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. Approve acceptance of the City Council minutes from April 06, 2016; Planning and
Zoning minutes from April 07, 2016.
B. Approve the City of Rexburg Bills
Council Member Busby moved to approve the Consent Calendar and minutes and pay the bills;
Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Busby
Council Member Mann
Council Member Wolfe
The motion carried
Mayor Merrill asked to go into executive Session.
Executive Session per Idaho State Statute 74-107. Records exempt from disclosure -- trade
secrets, production records, appraisals, bids, proprietary information.
Council Member Wolfe moved to go into Executive Session per Idaho Statute 74-206; (f) To
communicate with legal counsel for the public agency to discuss the legal ramifications of and legal
options for pending litigation, or controversies not yet being litigated but imminently likely to be
litigated; Council Member Busby seconded the motion; Mayor Merrill called for a roll call vote.
Those voting aye Those voting nay
Council Member Flora None
Council Member Busby
Council Member Mann
Council Member Wolfe
The motion carried
Executive session started at 7:45 p.m.
Executive session ended at 8:25 p.m.
22
Mayor Merrill announced City Council was back in session at 8:25 p.m.
Council Member Busby asked if any legal issues would arise by leaving the speed bumps on Pinehaven
Street. City Attorney Zollinger said the City’s current policy does allow the possibility for legal issues to arise
holding each decision maker personally liable if an accident were to occur on Pinehaven Street due to the
addition of speed bumps. This would be the case if City Council decided not to abide by the traffic study.
(The traffic study on Pinehaven Street indicated only 5% of traffic calming points where achieved)
Discussion:
Adjourned at 8:55 P.M.
APPROVED:
____________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Marianna Gonzalez, Deputy City Clerk