HomeMy WebLinkAboutCouncil Minutes - June 01, 2016.pdf
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June 01, 2016
Mayor Jerry Merrill
Council Members:
Christopher Mann Jordan Busby
Donna Benfield Tisha Flora
Brad Wolfe Sally Smith
City Staff:
Stephen Zollinger – City Attorney
Richard Horner – Finance Officer
John Millar – Public Works Director
Val Christensen – Community Development Director
Scott Johnson – Economic Development Director
Blair Kay – City Clerk
5:00 P.M. City Hall – Budget Work Meeting to review tentative budget for 2017.
Finance Officer Nielson reviewed the proposed 2017 Budget and he provided budget highlights.
City of Rexburg 2017 Budget Highlights
Total Budget: $76,902,000 down $161,900 from the current 2016 budget as of May 31, 2016.
Operating Budget: $26,789,300 up $680,200 from the current 2016 operating budget as of May 31,
2016. The largest increases came from the building department (from carryover), riverside aquatic
center (from carryover), and emergency services.
The General Fund has a $ 245,000 Contingency for unforeseen increases in expenditures or
reductions in revenues.
Revenue available for street maintenance, street reconstruction, and the construction of new streets
is $5,463,700. With the passage of House Bill 312 in 2015, which increased the gas tax and
registration fees, the city will continue to receive a significant increase in Highway user funds
distributed from the State. Included in the Fiscal Year 2017 budget is a shift of an additional
$100,000 of revenues from power franchise fees from the general fund to the street operating
fund to provide further improvements to streets.
Major street projects include the reconstruction of center street with other pedestrian
improvements from Main Street to 1st South, the reconstruction of 5th West from 1st S to 4th
S, the reconstruction of 4th W from Main to 1st N, and a new traffic signal at 7th S and
University along with other traffic signal upgrades in that area.
The budget also includes several urban renewal projects (Near University Boulevard and 2nd East
and Moody Road), which will be substantially funded by reimbursements from the Urban Renewal
Agency. The city will pay 100% of the Curb and Gutter costs associated with the widening of 2nd
East.
Property tax revenues are estimated to increase about $234,500 to a total of $4,316,000. The
current city property tax levy rate is at $429 per $100,000 of taxable value, which is still one of the
lowest for most cities in southeast Idaho and other similar size cities.
Up to Five new full-time personnel positions are scheduled to be funded during this budget year,
but several of these are contingent on further studies and action from the city council. They are in
wastewater, streets, technology coordination services, mayor/council, and the fire department.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x2313
Fax: 208.359.3022
blairk@rexburg.org
www.rexburg.org
City Council Minutes
June 01, 2016
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Four replacement positions are also in the budget, one in wastewater returning us to our prior
service level in 2013 and three in the fire department to replace the BYUI interns that will no longer
be available.
No Increases in utility rates are being recommended by staff in 2017.
Major utility construction projects include a major upgrade to our water facilities and a final
phase at the wastewater treatment plant to eliminate odors, add new capacity, and help with the
disposal of the bio-solids. The water project will provide needed production, storage, and delivery
capacity to meet the current water demands and future water demands as our population grows.
The water upgrades will be funded with a combination of operating reserves and a loan from the
Department of Environmental Quality of up to $11,100,000, which includes principal
forgiveness of up to $2,211,300. We project to spend over $12,000,000 on the water
improvements over two years and complete these projects by the end of the calendar year
2017. The Wastewater improvements include a final phase at the wastewater treatment plant that will
use a process of pasteurization to bring our end product to a Class A.
The projected costs for this final phase at the wastewater plant over the next two years is
expected to be approximately $7,750,000 and is being funded with current operating and
capital reserves.
The wastewater improvements should be completed by the end of the calendar year 2016.
The Airport Relocation Master Plan Study will continue through 2016 and 2017 and will help
determine the future airport needs and projects. These projects are funded approximately 90% by
the FAA, up to 5% by the State of Idaho, and the rest by the City and the County. The City is
setting aside reserve funds to meet their portion of any match if a final decision to relocate the
airport is made. The city projects to have $535,000 of reserve set aside by the end of Fiscal Year
2017.
$170,000 is budgeted for the lighting of 1 field at Riverside Park. This improvement is budgeted
to be funded by Park Impact fees. The City has budgeted $1,600,000 to construct a new
baseball/softball quad at Community Fields and the projected completion date of this project is
fall 2017. Funding from the Urban renewal agency and the parks impact fees will help make this
project possible.
In the Community Safety Lighting Fund, a project to light center street downtown is
budgeted, with an additional $197,800 available for other street lighting construction projects, with
the remainder budgeted for street light maintenance.
Notes for 2017:
The operating budget in 2016 actually went down on budget in brief because we decided to not include the budget
numbers for transfers in the total. The street revenue available should include going forward all of the budgeted revenue,
including any budgeted carryover less any contributed asset amounts (normally fund 44 only) and do not double count
any of the transfer amounts from one street fund to another. Utility rates- Beginning in FY16 budget in brief and
FY17 budget highlight, we will use the newly calculated UB sample bill amounts if there are any recommended rate
changes.
City of Rexburg
For the 2017 Budget (Year Ending 9/30/17)
STATEMENT OF UNDERSTANDINGS ON BUDGET MANAGEMENT
1) Expenditures, including all capital items, will be managed so that short falls in total
revenues are offset by cutbacks in expenditures in the General and Street Funds.
2) All capital purchases over $50,000 and construction projects over $100,000 and their
related operating and maintenance costs will be reviewed and approved by the City Council
before any funds will be committed to the project.
3) All hiring of employees to fill a previously existing position that was vacated must have
approval from the City Council and Mayor.
4) All new employee positions, if not approved in the normal budget process, must be pre -
approved by the City Council.
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Finance Officer Nielson reviewed the General Fund Balance Carryover.
Finance Officer Nielson reviewed the Capital and new personnel request in the 2017 Budget.
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Continued - Finance Officer Nielson reviewed the Capital and new personnel request.
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Finance Officer Nielson reviewed the shared budget with Madison County.
Finance Officer Nielson reviewed the Sanitation Rate Calculation Chart.
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Finance Officer Nielson reviewed the Water Rate Calculation Chart.
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Finance Officer Nielson reviewed the Wastewater Rate Calculation Chart. He indicated additional
manpower has cause an increase for 2017. Rate increases are not recommended this year for the utilities.
Finance Officer Nielson asked City Council to set the public hearing date to take public input for
the proposed 2017 Budget.
NOTICE OF PUBLIC HEARING
CITY OF REXBURG, IDAHO
PROPOSED BUDGET FOR FISCAL YEAR ENDING 9/30/17 (FY 2017)
A public hearing will be held for the consideration of the proposed budget for the fiscal year from October 1, 2016 to
September 30, 2017, at the City Hall, 35 North 1st East, Rexburg, Idaho, at 7:00 p.m., on July 6, 2016. All interested
persons are invited to appear and show cause, if any, why such budget should or should not be adopted. Copies of
the proposed City budget in detail are available at City Hall during the regular office hours (8 a.m. to 5 p.m.,
weekdays). City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities
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related to the budget documents or to the hearing should contact City Hall, 359-3020 at least 48 hours prior to the
public hearing.
This Notice can be provided in a format accessible to persons with disabilities and/or persons with limited English
proficiency upon request.
Se le puede proveer esta notificación en un formato accesible para las personas discapacidades y/o personas con
conocimientos limitados del inglés a pedido.
The proposed total expenditures and revenues for each fund for FY 2017 have been tentatively approved by the City Council
and entered in detail in the minutes of their meeting.
Council Member Benfield moved to approve advertising a public hearing to take public comment
on the proposed 2017 Budget on July 06, 2016 at 7:00 P.M.; Council Member Busby seconded the
motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
Council Member Busby
The motion carried
6:30 P.M. City Hall Council Meeting
Andrew Volgelsburg led the pledge.
Eric Conrad said the prayer.
Roll Call of Council Members:
Attending: Council President Smith, Council Member Benfield, Council Member Flora, Council Member
Busby, Council Member Mann, Council Member Wolfe, and Mayor Merrill.
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.
Steve Oakey from Rexburg commented on Ordinance 1143 about controlling booting to enforce
parking. He heard that it states that any apartment owner who chooses to incorporate this new
parking policy is prohibited from enforcing their parking policy in the form of booting or towing.
He asked council for clarification on that. Council Member Mann explained the booting can still be
available if approved and signed off by the apartment manager.
Mayor Merrill indicated that the purpose of the new ordinance is to manage parking.
Lisa Smith of the Standard Journal and from Rexburg asked for the City to sponsor a band. She
would like to start up a band where any instrument would be welcome. There would be no try outs.
She referred to the Pocatello Band as an example; they perform all over the city. You just show up
and play for fun. The members pay $25.00 a month to cover costs of music and a professional
director. This is a great program for people who may have played when they were younger and
would like to take it up again. The older people need the activity to stay young. Mayor Merrill said it
was admirable to keep playing at an older age. She drives to Pocatello to play at the present time.
Mayor Merrill indicated that perhaps the Cultural Arts Department could help get that going. She
asked that if anyone is interest to contact her at 497-4674.
Presentations:
A. Rexburg is in the path of totality for the Great American Eclipse on August 21, 2017 at
11:33 A.M.! Observers there will see (appx.)2m 17s of totality!
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The Great American Eclipse August 21, 2017 at 11:33 A.M. in Rexburg, Idaho; Lasting 2 minutes
and 17 seconds.
Economic Director Scott Johnson reviewed the upcoming eclipse traffic that has been calling into
City Hall; Eric Conrad from BYU-I explained how BYU-I is preparing for the event.
The City’s Customer Service Department received a public gathering permit on November 17,
2015 from Dr. Penny Kunitani with the LAAS Solar Eclipse Viewing. In the permit Dr. Kunitani
requested a grass area at Porter Park be reserved on August 20-21, 2017. She specified the
following times Sunday, August 20th from 9:30 a.m. to noon and Monday, August 21st from
7:00 a.m. to 1:30 p.m. There will be about 200 participants. When asked about the plan for crowd
control, she stated LAAS members will be identified with t-shirts and official LAAS name badges.
The Customer Service Department informed Dr. Kunitani that the permit could not be approved
because it was submitted too far in advanced. She was asked to resubmit the permit closer to the
August 20th, 2017 date.
The Customer Service Department received a telephone call in March from John Fisanotti; he
too is a member of LAAS Solar Eclipse Viewing. He was very concerned about waiting to reserve
Porter Park at a closer date. There was discussion about other possible venues where the
participants could go to observe the total solar eclipse in case Porter Park wasn’t available.
On Friday, May 27th a group from California called the city to ask about reserving Porter Park to
observe the solar eclipse. This group was interested in bringing in caterers to provide a luncheon for
all of the participants.
The map below shows the total solar eclipse path through Idaho including Rexburg.
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Idaho Eclipse Path 2017
Council Member Benfield asked to include YTT (Yellowstone Teton Territory) in the planning.
She indicated that the entire Yellowstone Teton Territory is booked during that time.
Eric Conrad from BYU-I reviewed what BYU-I is doing to prepare for the event. About one year
ago, the Physics Professors on campus, who are also friends with Dr. Penny Kunitani of LAAS,
began organizing a list of groups that will be coming to view the eclipse; 50 people are coming from
MIT, 100 people coming from UCLA, 200 people from Norway. The reason that Rexburg is such a
perfect spot is because it is west of the Rocky Mountains so it’s not as humid, the weather in August
is better, and there is a large university and space to gather. Last January, one of the MIT professors
came here to talk to
Mr. Conrad and explained that this is going to be much bigger than he thinks. There is a
coordinating team meeting monthly to prepare for the influx. This team includes Scott Johnson, City
of Rexburg Economic Developer, who will communicate with the Rexburg Police Department, the
Fire Department, and the University Security and Safety. It’s hard to say how many people will come
but it could be anywhere from two to ten thousand. Brett Sampson from the Chamber of
Commerce is also a part of the coordinating team along with the Public Relations Department from
the University. There is an operations team that will oversee housing and food. All the housing and
hotels have been booked for a long time. People may want to plan on renting their houses out. The
university will offer campus tours that weekend and a couple days after. They will have a web site
and coordination with all city organizations. The website will be open to the public by the end of
June so when people call, they can be pointed there. It will have information about the community
and about where they can set up. It will be a combined effort to coordinate the influx of people. An
open area will be needed to fully take advantage of the eclipse. Most people coming are in the
sciences from universities, etc. BYU-I will have solar glasses available. Mr. Conrad said that when
there is a total eclipse it can get dark enough to actually see stars.
Economic Director Scott Johnson explained the City will do some PR work to educate the public.
Vendors will be encouraged to be available to help feed the people coming to Rexburg for the
eclipse. Traffic and Emergency Services is a big concern. Council Member Busby said school will be
starting the Wednesday after and they would be able to spread the word on their media.
Committee Liaison Assignments for 2015:
A. Council Member Mann: Golf Board · Emergency Services Board · GIS Oversight · Development Workshop
Council Member Mann reported the Golf Board, Emergency Services and GIS did not meet. The
Development Workshop had their Golf Tournament last week. He thanked the Mayor and City for
providing a team for that. It raised over $3,000 for the Development Workshop.
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Craig Rindlisbacher from GIS introduced Cole Hibbard as the new GIS Technician. Cole had
been working at BYU-I. He comes with a lot of knowledge and a lot of energy. Cole said he
worked at BYU-I in the IT department for three years and the GIS department for one year. He
is from Meridian. He loves Rexburg and has a wife and a baby girl.
Mayor Merrill had Orin Packard introduce himself. He is the new Emergency Services Employee.
Orin is from Arizona. He is married and has three children. He moved to Rexburg in 2010 to
attend the paramedic program on campus. He was an intern at the Fire Department his senior
year. He graduated in 2014 and spent the past year and a half working in Oklahoma City for the
EMS Department there. He considers Idaho his home and is happy to be back. Mayor Merrill
asked him if he witnessed tornados in Oklahoma City. He said, yes, he just saw one forming out
his front door before he moved here.
B. Council Member Busby: · Airport Board · Traffic & Safety · Trails of Madison County
Council Member Busby reported the Airport Board met today with GDE to review the master
plan. Traffic and Safety was canceled due to lack of quorum. If citizens have any traffic concerns like
pot holes, etc. to contact DeeDee Tucker, Public Works Administrative Assistant.
C. Council Member Benfield: Police · MYAB· Parks & Recreation
Council Member Benfield reported the soccer tournament is coming up next weekend. This is the
third year and they expect over 70 teams.
D. Council Member Smith: Legacy Flight Museum · Beautification Committee · M.E.P.I.
Council President Smith reported on the Legacy Flight Museum Airshow coming up on June 18th
from 10:00 A.M. to 3:00 P.M. with up to 10,000 people expected. It will be a great day with many
unique and rare airplanes coming in. It has been very well coordinated thanks to John Bagley and the
entire committee. MEPI will meet next Monday.
E. Council Member Flora: School Board · Rexburg Arts Council/ Museum of Rexburg
Council Member Flora reported on the Arts Council summer Arts projects. Art Grows Rexburg
has been finding volunteers to help with the children’s free art classes. They have also been working
on getting volunteers to help with a float for the 4th of July Parade. The museum will open June 4th
as a soft opening to celebrate the 40th anniversary of the Teton Dam Flood. The School District had
a great year with many athletes that went to state and debate team that went to nationals.
F. Council Member Wolfe: Planning & Zoning · Urban Renewal Agency · IBC
Council Member Wolfe reported the Planning and Zoning Commission has two Conditional Use
Permits on the agenda tonight. Urban Renewal has not met.
Staff Reports:
A. Finance: - Matt Nielson (See work meeting notes above)
B. Engineering: - Keith Davidson
1. Approve low bid for the 2016 slurry seal project.
a. Morgan Pavement for Slurry Seal Type III in the amount of $120,280.00.
The only other bid was HK for chip seal in the amount of $192,060.00.
Project no. STR -02-016 Morgan Pavement will also be doing their warranty work
for last year’s project on 5th West at the same time.
Engineer Keith Davidson asked for approval to award the low bid of $120,280.00 for the slurry seal
project to Morgan Pavement who will also be doing their warranty repair work for last year’s project
at the same time.
Discussion:
Council Member Busby asked if other areas need repaired along with 5th West. Engineer
Davidson said they will check all locations sealed last year.
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Council Member Busby moved to approve the low bid for the 2016 slurry seal project to
Morgan Pavement for Slurry Seal Type III in the amount of $120,280.00; Council President
Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
Council Member Busby
The motion carried
Council Member Mann asked to encourage prompt work on streets in 2017 to avoid the eclipse traffic.
C. Community Development: - Natalie Powell
Compliance Officer Natalie Powell indicated there were two large projects; Paddington Court
and the Cottages.
Discussion:
Mayor’s Report:
Mayor Merrill attended the Fire Department’s advancement and pinning ceremony. They advanced
Troyce Miskin to a Chief to take Mike Walker’s place. It was very nice. Friday is Chief Walker’s
retirement party. Vernadeen Cook would like to promote new business in town along with some
Christmas promotions.
Public Hearings: - NONE
Items for Consideration:
A. Approve Fireworks Stands – Staff
Discussion:
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Council President Smith moved to approve the Fireworks Stands as presented; Council
Member Wolfe seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
Council Member Busby
The motion carried
B. Resolution 2016 – 06 for the Comprehensive Plan Map Amendment for 1030 South 5th
West from Low-Moderate Density Residential to Moderate-High Density Residential - Troy
Kartchner
Dan Larsen from Hyrum, Utah, representing Kartchner Homes, would like to ask council to
amend the master plan for the area at the corner of 5th West and University Blvd. He said the road
on 5th West needs lighting and sidewalks. They have reviewed this project for a year. They would like
to get 5th West widened all the way to 7th South. They would like to encourage people to use
University Blvd as a primary route to the University. They need a comp plan change to start the
project.
Discussion:
Council Member Wolfe asked about the traffic on 5th West. What exactly is Kartchner willing to
do with 5th West? Mr. Larsen replied that Katchner is willing to take care of all the side walks from
University Blvd to 7th South. He said, speaking with Public Works Director Millar and Engineer Joel
Gray, he understood that the City would take care of the asphalt and curb and gutter. Improvements
behind the gutter, Kartchner would be willing to take care of and pay for. They are also working on
a traffic light at University and 7th S.
Council Member Flora asked about the public works staff reviews regarding the non-support of
density increase.
City Attorney Zollinger explained that is wasn’t that staff was opposed to changing the zone but
that some resolution needed to be provided for pedestrian and traffic flow from both developers
and that it needs to be a part of the resolution during the approval process.
Economic Development Director Scott Johnson reviewed the Comprehensive Plan document
and the vision plan for this area. Multi-family housing is the proper buffer between the commercial
zone the residential zone.
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Mayor Merrill explained other cities have used two to three thousand units of housing to support a
commercial area. That would help drive commercial growth in this area.
Council Member Benfield said that she appreciated Kartchner’s projects. She understands the
staff’s concerns. She had some issues with the way it was worded in the staff report. Director
Johnson clarified that staff did intend for their report to mean that if their concerns are met then
they would approve the change.
Council Member Mann asked how many units could end up there with this comp plan change.
The number of possible units was discussed. The maximum number of units per acre for one unit
apartments would be 42 units per acre.
Council Member Flora asked for specifics on the resolution to vehicle traffic and pedestrian
traffic. City Attorney Zollinger said directing traffic to University Blvd would be a first phase with
painting lane directions to move traffic to University Blvd and adding a light on 7th South and
University Blvd.
Discussion on widening 5th West if the neighbors concur; however, the initial focus will be to move
traffic to University Blvd. A second road going west to the Yellowstone Hwy will be in the mix too.
Staff does not consider this to be a bad decision; however, it needs to be tied to traffic and
pedestrian flow (management systems) towards the University. 7th South is the desired path to the
University, due to the lack of a traffic signal on University Blvd and 7th South. The City would
anticipate some sound proposals from the developer to move vehicle traffic and pedestrian traffic to
the University.
Public Works Staff Review Comments:
Comprehensive Plan Map Amendment Application
File #16 00296 – Troy Kartchner
Requesting to change the Comprehensive Plan Map land use designation from Low-Moderate Density Residential to
Moderate-High Density Residential.
Property Location: 1030 South 5th West
1. Changing this area to high density would result in a significant increase of traffic entering onto South 5th West
or University Blvd. There are not adequate transportation facilities in the area to handle this much additional
traffic.
2. The proposed Comprehensive Plan map change would also result in a significant increase in pedestrian traffic in
the area and to the University. There is no connectivity now with existing developments in the area, and this would
result in significantly higher pedestrian traffic in the area.
For these reasons, Public Works cannot support this density increase.
Discussion:
Council Member Wolfe moved to approve Resolution 2016 – 06 for the Comprehensive Plan
Map Amendment for 1030 South 5th West from Low-Moderate Density Residential to Moderate-
High Density Residential; Council Member Benfield seconded the motion; Mayor Merrill asked for a
vote:
Those voting aye Those voting nay
Council President Smith Council Member Busby
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
The motion carried
C. Resolution 2016 -07 for the Comprehensive Plan Map Amendment at Approximately 1001
South Yellowstone Hwy – Commercial to Moderate-High Density Residential - Lot 6 Group
LLC (Tyson Cichos)
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City Attorney Zollinger presented the proposal for the developers to City Council. The developer
would like to leave the area along S. Yellowstone Hwy for commercial and build multi-family
residential on the 14 acres shown above. They would have two exits from the multifamily complex
to University Blvd. and one exit to the Yellowstone Hwy.
Council Member Flora asked if these residents would have access to and from 5th West. Attorney
Zollinger said those specifics have not been decided, yet.
Discussion about the development and the accesses to each road.
STAFF REPORT
SUBJECT: Comprehensive Plan Map Amendment Application
File # 16 00322
APPLICANT: Lot 6 Group, LLC
PROPERTY OWNER: Ray Loveland
3784 W. 2000 S.
Rexburg, Idaho 83440
PURPOSE: Request to amend the Comprehensive Plan Map - to change property from Commercial to Moderate-
High Density Residential
PARCEL SIZE: Approximately 14 acres
PROPERTY ID: RPRXBCA0361489, RPRXBCA0361729
PROPERTY LOCATION: Approximately 1001 South Yellowstone Highway, Rexburg, ID 83440
AUTHORITY § 6.13c “Council may adopt or reject an amendment to the Comprehensive Plan.”
REQUEST: Applicant is requesting a land use map designation change from Commercial to Moderate-High
Density Residential.
RECOMMENDATION:
The applicant wants to change the subject property from Commercial to Moderate-High Density Residential on the
Comprehensive Plan Map. The applicant feels that the use is compatible with the surrounding uses. The property is
currently adjacent to Rural Residential 1 and Medium Density Residential 2 to the East, General Business District
to the South, and Community Business Center to the West and to the North.
Staff is concerned with the increased density in this area for the reason that the current traffic and pedestrian access is
limited, and has proven to be unsatisfactory for the existing Medium Density Residential demands that have been
created. Until such time as additional infrastructure is provided, further densification of this area would seem
inappropriate. Furthermore, the lack of geometric restrictions that could come from the increased Case No 16 00322.
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Comprehensive Plan designation and subsequent zone change options would appear to be inconsistent with the long
term planning for the area. The Planning and Zoning Commission should take testimony in the public hearing to
determine if this use will be in the best interest of the community.
Discussion:
Council President Smith moved to approve Resolution 2016 – 07 for the Comprehensive
Plan Map Amendment at Approximately 1001 South Yellowstone Hwy from Commercial to
Moderate-High Density Residential; Council Member Wolfe seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith Council Member Busby
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Benfield
The motion carried
Calendared Bills and Tabled Items:
A. “LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing
Procedure (Recommend Suspension of the Rules): – 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. BILL 1143 Amending Ordinance 1115 to allow a .75% parking ratio for dormitory unit
development; changing from a (1 to 1) ratio to as low as a(.75 to 1) ratio upon submittal and
acceptance by the Planning and Zoning Commission of a “Parking Management Plan”.
AN ORDINANCE AMENDING ORDINANCE 1115 BY ALLOWING FOR A
REDUCTION FROM 1 TO 1 RATIO TO AS LOW AS .75 TO 1 RATIO IN
REQUIRED PARKING FOR DORMITORY UNIT DEVELOPMENTS UPON A
SHOWING OF ADEQUATE PARKING MANAGEMENT PLAN; PROVIDING FOR
EFFECTIVE DATE OF THE ORDINANCE.
City Attorney Zollinger showed the BILL on the overhead screen; Mayor Merrill read the
Parking Management Plan conditions.
SECTION II: For any Parking Management Plan to be considered, it must include factors
intended to deal with all of the following:
1. Visitor parking must be located in such a way as to be readily identified upon entering the
parking facilities, and must provide for visitor stays of no less than 1 hour.
2. Policing of the parking facilities must be conducted by the property owners, or their employed
representatives, and any parking enforcement action must be initiated by an on-site person,
who is not compensated in direct relationship to the decision to tow or boot or otherwise police
violations. (No Predatory Towing or Booting)
3. Any tenant authorized to park in the parking facility must be clearly identified as having
parking privileges, and no more than the actual number of available spaces may be assigned,
providing for ancillary and visitor parking as required.
Kelly McKamey mentioned two things for consideration; City Government should not regulate
business between two businesses. He does not understand the term predatory booting. He used
the lawn care business as an example between two entities to conduct business. He has been a
victim of booting in Boise. He just called the number and paid the fine. It is not the City Police
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department’s responsibility to help the violators that get booted. He said the City Attorney has a
vendetta against towing companies. He recommended avoiding regulating booting.
Council Member Wolfe said in a perfect world regulation is not necessary; however, in this
case the City could have some liability for consumers who are abused. Council Member Mann
reviewed the parking policy for parking at a housing complex. He only wants the owners to take
responsibility for their parking lots to avoid consumer conflicts. He would not vote for reduced
parking without this requirement to have owners take responsibility for their parking lots.
Mayor Merrill said the complaints come from complexes that do not have a management plan.
Kelly McKamey indicated the City does not have liability in this instance.
City Attorney Zollinger explained the liability comes when the City does not take on the
responsibility of managing the behavior of our citizens. In the State of Idaho, there is no legal
authority to boot. The potential liability is like pot holes; once the city is made aware of the
pothole, it needs to correct the problem. Private property behavior is not a free-for-all despite
what Mr. McKamey wants to believe. Certain behaviors are not allowed on private property.
Mr. Dan Larsen commented on the need for a trained professional to handle a booting issue.
Illegal parking is stealing from the owner of the parking stall.
Council Member Flora said the Bill states that the owner can use booting, they just need the
managers to call and ask for the boot.
Council Member Benfield indicated it is private business; booting should be allowed.
City Attorney Zollinger explained the history of the code for requiring parking for apartment
housing. Landlords can take advantage of tenants if not regulated per historical data.
Reducing the parking number from a one to one ratio to a .75 ratio is a request from apartment
owners.
Mr. Karl Mattson from Ashton, Idaho indicated this proposal is a better business decision for
him to allow a project to be built. He would rather manage his parking and be able to have a
reduced parking ratio. For his complex, he would like to put in a parking gate like at the airport.
When you enter, you pull out a parking tag. The first half hour is free; if they stay longer they
will have to pay to get out. They will not issue any more passes than they have parking stalls.
Daren Helm reviewed the numbers for a 1,000 unit complex reducing to .75 including visitor
parking would reduce the numbers of stalls to around 650. He said the ordinance is focusing on
booting more than the comprehensive plan that it’s meant for. Mayor Merrill said owners who
want to manage their parking were the drivers of this request.
Council Member Busby asked if we are expecting every apartment owner to come in and
present their parking management plan. Attorney Zollinger said yes, if they want reduced
parking. Most of the already established apartment complexes will not need to do this. It is
mostly for new complexes.
City Attorney Zollinger said this ordinance gives an option to have the tenant call a booter if
their parking stall is being used by someone else. This only applies to apartment complexes.
Council Member Benfield questioned whether the on-site employee could be the booter.
Attorney Zollinger said no, it states that the person requesting a boot must be someone who is not
compensated in direct relationship to the decision to tow or boot.
Council Member Busby commented that he feels like we are asking them to come up with a
business plan and we are saying that the business plan has to be our business plan. He disagrees
with telling them how to run their business.
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Attorney Zollinger indicated that we do that with every business. Every ordinance that we pass
is an imposition on private business.
Economic Development Director Scott Johnson reiterated the request came from
developers. It is an opportunity to help developers make their development pencil out; otherwise
they can’t make the finances work.
Continued Discussion:
Council Member Wolfe moved to consider BILL 1143 second read Amending Ordinance
1115 to allow a .75% parking ratio for dormitory unit development; changing from a (1 to 1)
ratio to as low as a (.75 to 1) ration upon submittal and acceptance by the Planning and Zoning
Commission of a “Parking Management Plan”; Council President Smith seconded the motion;
Discussion: This applies to dormitory housing. .7 did not work in the past; however, .75 is
proposed with conditions. Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith Council Member Busby
Council Member Flora Council Member Benfield
Council Member Mann
Council Member Wolfe
The motion carried
Council Member Mann asked to be excused to get to a previously scheduled engagement.
2. BILL 1144 repealing Ordinance 113 and Ordinance 699; Ratifying current Standing
Committees (recommending committees to City Council); Ratifying current Advisory Groups
and Establishing Advisory Groups.
AN ORDINANCE RATIFYING CURRENT STANDING COMMITTEES AND
ESTABLISHING STANDING COMMITTEES; RATIFYING CURRENT ADVISORY
GROUPS; ESTABLISHING ADVISORY GROUPS; REPEALING ORDINANCE 113 AND
699; AND PROVIDING FOR EFFECTIVE DATE OF THE ORDINANCE.
Discussion:
Council President Smith moved to consider BILL 1144 second read to repeal Ordinance 113
and Ordinance 699; Ratifying current Standing Committees (recommending committees to City
Council); Ratifying current Advisory Groups and Establishing Advisory Groups; Council
Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Wolfe
Council Member Benfield
Council Member Busby
The motion carried
E. Third Reading: Those items which have been second read: – NONE
Mayor’s Business:
Mayor Merrill indicated the Teton Dam Marathon is this Saturday at 6:00 A.M.; Council Member
Benfield and Council Member Smith will be available to present the awards. He said the Special
Needs Picnic that the Police Department puts on will be Tuesday, June 7th at 11:00 P.M.
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Rexburg Rapids will be open this Saturday, June 4th; a week earlier than planned, due to the
forecast of 90 degree weather on Saturday. The rest of the week will be closed for personnel
training.
The Zone Recreational facility is being managed by the City in the Recreation Department. They
have signed a lease with the Development Workshop and they are making plan for some summer
camps there.
The Center Street project has been put on hold until next summer.
Next July there will be a tree project for Main Street.
Council Member Wolfe reported on the Planning and Zoning recommendation to expand the
Impact Area for Rexburg. The Committee will recommend the proposal to the County
Commissioners with consideration for the land owners north of Hwy 33 along 3000 West.
Discussion on properties on 5th West being outside the City’s Impact Area.
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.
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A. Minutes from May 18th, 2016 meeting; Planning and Zoning minutes from May 19th,
2016; and Arts Council minutes from May 12, 2016.
B. Approve the City of Rexburg Bills
Council Member Wolfe moved to approve the Consent Calendar containing the minutes and the
city bills; Council President Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Wolfe
The motion carried
Council Member Benfield and Council Member Busby abstained due to their absence from the
meeting.
Adjourned at 08:40 P.M.
APPROVED:
____________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Blair D. Kay, City Clerk