HomeMy WebLinkAboutCouncil Minutes - January 18, 2017.pdf
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January 18, 2017
Mayor Jerry Merrill
Council Members:
Christopher Mann Jordan Busby
Donna Benfield Tisha Flora
Brad Wolfe Sally Smith
City Staff:
Stephen Zollinger – City Attorney
Matt Nielson – Finance Officer
John Millar – Public Works Director
Val Christensen – Community Development Director
Scott Johnson – Economic Development Director
Blair Kay – City Clerk
6:00 P.M. City Hall “Work Meeting”
A. 74-206. EXECUTIVE SESSIONS (d) To consider record s that are exempt from disclosure as
provided in chapter 1, title 74 , Idaho Code.
Attending: Council President Smith, Council Member Flora, Council Member Benfield, Council
Member Mann, Council Member Busby, and Mayor Merrill.
Council Member Wolfe asked to be excused.
Mayor Merrill asked for a motion to go into executive session to consider records that are exempt
from disclosure as provided in chapter 1, Title 74 of the Idaho Code.
Council Member Busby moved to go into EXECUTIVE SESSIONS per Idaho Statute 74-206 (d)
To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code.
Council Member Benfield seconded the motion; Mayor Merrill asked for a roll call vote;
Those voting aye Those voting nay
Council President Smith None
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
January 18, 2017
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Council Member Flora
Council Member Benfield
Council Member Mann
Council Member Busby
The motion carried
Executive Session;
Executive Session ended at 6:28
6:30 P.M. City Hall Council Meeting
Rhett Miller said the prayer.
Lyle Falkner led the pledge.
Roll Call of Council Members:
Attending: Council President Smith, Council Member Flora, Council Member Benfield, Council
Member Mann, Council Member Wolfe, Council Member Busby, and Mayor Merrill.
Council Member Wolfe 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.
Presentations: None
Committee Liaison Assignments for 2017:
A. Council Member Mann: Golf Board · Emergency Services Board · GIS Oversight · Development
Workshop
Council Member Mann reported the Development Workshop met. They discussed several events
that are coming up. He said he was impressed with how many people the Development Workshop
employs and is happy to have them in Rexburg. One of the events they discussed is A Date with
Chocolate, on March 31st at the Madison Middle School. He said the event is held to promote public
awareness and as a fundraiser for the Development Workshop. The funds collected at the fundraiser
go towards the many projects they offer.
B. Council Member Busby: · Airport Board · Traffic & Safety · Trails of Madison County
Council Member Busby reported the Traffic & Safety Committee did not meet. The Airport
Board meeting was postponed; the next meeting will be held on January 25th. He encouraged all to
attend the meeting to find out what is happening with the airport.
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Mayor Merrill said the Traffic & Safety is in need of new members to serve on the committee.
Community Development Director Christensen asked the Mayor and City Council to keep in mind
that several members of the Planning and Zoning Commission, terms will be ending and will need
to be replaced. Mayor Merrill replied there are several people in the community who have showed
interest in serving on the Planning and Zoning Commission.
C. Council Member Benfield: Police · MYAB· Parks & Recreation
Council Member Benfield reported the Police Department is doing well! She said she spoke with
Police Chief Turman today, he reported that things are quiet and safe. The Recreation Department
is busy with the winter sports registrations. The Zone is being rented out quite frequently for many
different events.
Council Member Benfield commended Mary Flanary for her efforts with the Mayor’s Youth.
Mary has been able to keep the youth members active and busy. They toured the Street Shop and
the Wastewater Treatment Plant last week. The youth are learning a lot about how the City operates.
She said they are planning a mock City Council Meeting for next month. She is pleased that the
youth are active and well engaged this year.
D. Council Member Smith: Legacy Flight Museum · Beautification Committee · M.E.P.I.
Council President Smith reported the Legacy Flight Museum has not met. They will meet next
month to discuss the fly in and breakfast held in June. M.E.P.I. met a week ago to discuss the
upcoming events. The Startup Weekend will be held on Feb 2nd – 4th at NorthPoint. They also
discussed the first annual East Idaho STEM (Science, Technology, Engineering and Math) Fair that
will be held on March 18th at the Madison Jr. High School. She said the Business Competition will
be held in June.
Council President Smith reported they are creating a Beautification Committee. She and Melanie
Davenport are working on contacting some people to help beautify the city before the visitors are in
town to see the eclipse. The committee will also be reviewing the plans for the Center Street Project.
E. Council Member Flora: School Board · Rexburg Arts Council/ Museum of Rexburg
Council Member Flora reported she met with the Rexburg Arts Council and they are officially
turning in a 501c3 Non-Profit Form. They will also be changing their name to Upper Valley Arts
Council. They are excited to become their own entity; however, they will still support the City in
helping with art events. The Rexburg Arts Council will be helping with The Great Gatsby Valentine
Gala fundraiser. The funds collected at the fundraiser will go towards the restoration of the
Romance Theater. They will continue to support the Rexburg Orchestra, the weekly summer
concerts, and do a fundraiser during the eclipse event this summer.
Council Member Flora said she met with Jackie Rawlings. They discussed the many events
planned for February. Some of the events include the Rexburg’s Got Talent Auditions on February
4th. She encouraged everyone to visit the Arts Council web-site to find out the details of all the
events.
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Council Member Flora said Mr. Cooley with the Standard Journal Newspaper is looking for
monthly articles from the Mayor and City Council to share what is happening in the City. The
articles need to be kept under a thousand words and a picture needs to be submitted too.
Mayor Merrill stated some of the topics for the newspaper articles will be about the different City
departments and what they do. He asked for the articles being turned in to Mr. Cooley be accurate
and to check with City Staff to make sure they are.
F. Council Member Wolfe: Planning & Zoning · Urban Renewal Agency · IBC
Staff Reports:
A. Finance: - Matt Nielson
1. Finance Reports
Finance Officer Nielson reviewed the Treasurer’s Expenditure Report. He explained the reasons
why some of the accounts are in the negative. The Airport Construction Account is at a negative
$136,000.00. Public Works Director Davidson is in the process of collecting the funds from the
FAA; once the funds are collected it will bring the account into a positive balance.
Finance Officer Nielson reviewed the negative $100,000.00 in the Paramedic Care Account.
Several of the paramedics were sent to the east coast to fight some of the fires that were going on
there. He said it takes time to collect the money from those entities; however, once the funds are
collected the account will be in the positive.
Finance Officer Nielson explained the Park Impact Account has about one million dollars in
reserves for the ball diamonds. The revolving Loan Fund has about 1.2 million dollars total. He said
half of the funds are invested in the small business loans and they will be looking at issuing a small
loan in the next thirty days.
Finance Officer Nielson reported the sewer plant is at a negative and will take another 1.1 to 1.2
million dollars to complete. After the sewer plant is completed there will only be about two million
dollars left in the reserves and zero in the capital reserve. They will probably need to borrow from
the operating reserve until the capital is built back up.
Finance Officer Nielson said there is about two million dollars in the Streets Account Reserve.
Public Works Director Davidson will be discussing a new Local Improvement District where these
funds will be used. He explained the Water Capital Reserve has a negative 1.1 million dollars in the
Construction Account. They have submitted a loan request to DEQ for the third time. The loan
amount requested is for about 1.1 million dollars.
Council Member Busby asked about the Community Safety Lighting Fund. He said there was a list
of areas in the City that need lighting. Public Works Director Davidson said City Engineer Brett
McDermott is working on a bid for the safety lighting. Some of the funds will also be used to relight
Center Street.
Council Member Flora asked about the Romance Theater being in the negative. Finance Officer
Nielson explained it is normal for this account to be in the negative because the funds aren’t
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transferred until the end of the year; however, they have spent a lot of their capital early on in the
year.
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Finance Officer Nielson explained the operating expenditures should be at 25% for this time of
year. Some are slightly higher. The Building Department is slightly higher because they purchased a
vehicle. The Legacy Fight Museum is also high at 54% because they purchased a Beechcraft airplane.
Finance Officer Nielson said overall the City has spent 23% in operating which equals to about
5.7 million dollars and about four million dollars in capital. The majority of the funds have been
spent on the water and wastewater projects.
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Finance Officer Nielson reviewed the Operating Revenues Report. There is a deficit because the
City has spent 3.7 million dollars more than what has been collected. The City will be collecting
about half a million dollars from streets and about two million dollars from property taxes. Some of
the deficit has been cash flowed by the reserves. In the capital section the 1.1 million dollars will be
collected from the DEQ Loan in about 60 days.
Finance Officer Nielson reviewed the Cash and Investments Report. The City has dropped about
2.5 million dollars since the beginning of the fiscal year because of the wastewater project. He said as
the rates have increased. The City has shifted quite a bit of money from the short term investments
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into two-year investment terms with Moreton Asset Management Securities and Zions. They have
been managing the investments and the City is averaging about 1.4% return instead of a .4% return
which is about $60,000.00 more per year.
Discussion:
B. Public Works and Engineering: Keith Davidson
1. Recommendation of Intent to Create LID47 by Resolution 2017 – 01
Discussion:
Public Works Director Davidson reviewed the areas of LID47 that need repaired including
sidewalk, curb and gutter. Local Improvement District 47 covers a larger area than pervious LIDs.
The blue lines indicate sidewalk and the pink indicate curb and gutter that need to be replaced,
starting on 1st South to 4th South. He explained the estimated cost is based on using a handset for
the curb and gutter.
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5th West Overview.
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Ricks Avenue Overview.
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Misc. Street Overview for LID47
Council Member Mann asked if development is anticipated on 5th West and if they were to
develop that area, shouldn’t the City wait to make any repairs or additions to the sidewalk, curb and
gutter. There is a lot of traffic on South 5th West. He questioned the possibility of widening the
street in the future. Public Works Director Davidson said the traffic volumes haven’t necessitated
the widening of the street. The street is wide enough to add a turn lane to alleviate traffic flows if
needed.
Public Works Director Davidson explained normally with large construction projects letters are
sent out notifying the residents of the Local Improvement District and about the option of hiring
their own contractor to install their sidewalks. The street, curb and gutters are installed by the
contractor the City hires to avoid any delays or problems.
Council Member Flora questioned if the estimated costs are included in the letters sent out to the
residents. He mentioned the costs are included in the letters. The costs of installing the curb and
gutter have many variables. In LID47 the curb and gutter is mainly against the sidewalk which will
require a handset technique to be used to install the curb and gutter, causing the costs to be higher.
Public Works Director Davidson reviewed the repairs needed on Ricks Ave. There are water lines,
sidewalk, curb and gutters that need replaced. Council President Smith questioned if Ricks Avenue
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will be the only entrance into the Freddy’s Restaurant. He said most of the traffic going into
Freddy’s will come right off of 2nd East.
Public Works Director Davidson indicated the road on 4th West will need to be reconstructed due
to the widening of the canal last year.
Public Works Director Davidson said on North 2nd West David Beck is building apartment
complexes on one side of the road, so he will cover that section of the road with sidewalks, curb and
gutter.
Public Works Director Davidson reviewed the areas on 3rd South without sidewalks. Pioneer Road
also has areas that are missing sidewalks in front of the hotel. He explained generally the property
owner is responsible for the cost of sidewalk, curb and gutter. He indicated the City realigned the
road on Main Street. He asked City Council for direction regarding who would be responsible for
the cost to add sidewalk, curb and gutter at that location. The situation is a little unique at that
location because City realigned the road; however, it’s generally the property owner’s responsibility
to pay for the costs.
Council Member Mann questioned if the sidewalk is on the backside with no access or benefit to
the property owner, would they still be responsible for the cost. Public Works Director Davidson
explained parcels that have a side yard with no access still pay for the sidewalk; however, not for
curb and gutter.
Council Member Flora questioned if there were sidewalks before the realignment of the road.
Public Works Director Davidson explained there were no sidewalks before the realignment of the
road; however, there were homes there. The City purchased that ground to realign Pioneer Road
onto Main Street. The purchase of the ground and realignment of the road was funded by FAA to
clear up the area in front of the runway.
Council Member Busby moved to approve Resolution 2017-01 to create LID47; 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 Benfield
Council Member Mann
Council Member Busby
The motion carried
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Public Works Director Davidson reported the inside of the blue water tower on 5th South needs to be
repainted. The project is out to bid with an estimated cost of about $300,000.00.
Council Member Busby asked if there is enough water storage in other places to cover the shortage when
the blue water tower is drained. There is sufficient water storage. Public Works Director Davidson said
there are bypass valves that will open to allow water flow from the upper and middle zones to come
through. They may need to expand some of the pipe sizes to allow enough water to flow. BYU- Idaho has
been in contact with the City. There are low water flows in that area and they are concerned with what the
draining of the water tower will do.
Public Works Director Davidson explained some of the issue that could occur with the draining of the
water tower. They will need to stay in close contact with the Fire Department to make sure there is enough
water pressure in case of a fire in that area. There is another issue that could arise by taking water from the
middle zone to the lower zone; the water pressure could be too high for certain pipes in that area to handle.
The water tower will need to be off line for 60 days. There are other factors of concern such as weather and
irrigation season.
Mayor Merrill asked how they determine when the water tower needs repainted. Public Works Director
Davidson said the interior of the water tower is showing rust where the epoxy coating has rubbed off. The
contractor will sandblast the interior of the water tower to get to the bare surface to start the recoating
process.
Council Member Busby asked about the longevity of the water tower. The water tower has been operating
for about thirty years. Public Works Director Davidson said the longevity varies, the water tower has been
there since the 80’s and they have painted since then.
Council Member Benfield asked if the businesses on Main Street are encouraged to remove the snow and
ice off their sidewalks. Public Works Director Davidson explained using ice melt on new concrete isn’t the
best, he recommends sand.
Mayor’s Report: Mayor Merrill reported he attended the Idaho Transportation Department Meeting in
Rigby. He spoke with Amanda the TRPTA Representative at that meeting and she shared a thank you letter
they received.
Mayor Merrill reported he met with the Rexburg Chamber of Commerce Board of Directors. They asked
for an economic development report every quarter to keep them informed of what is going on in the City.
He and Scott Johnson will be attending the board meeting every quarter.
Public Hearings: - NONE
Items for Consideration:
A. Rezone approximately 801 West 7th South from Low Density Residential 2 (LDR2) to High
Density Residential 2 (HDR2) - Bron Leatham and Bob Conger
(Recommended for approval on January 05, 2017 by the Planning and Zoning Commission)
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Discussion:
Mr. Leathman reviewed the rezone at 801 West 7th South from Low Density Residential 2 (LDR2)
to High Density Residential 2 (HDR2). He is requesting to rezone the property High Density
Residential 2 because the surrounding areas are being developed as High Density Residential. The
infrastructure such as water, sewer and other utilities are adequate for the rezone. The connectivity
to the university is also adequate. There aren’t really any conflicting issues surrounding the rezone.
In the Comprehensive Plan Map, the property was zoned commercial; however, High Density
Residential is more beneficial.
Mr. Leathman said a concern that was brought up with the rezone request was traffic and
pedestrian connectivity. He initiated a traffic study; the Urban Renewal Agency is also participating
in the study. The traffic study includes the 19 acres he is requesting the rezone on and 60 acres in
the surrounding area.
Mr. Leathman stated a traffic study is not required prior to a rezone. The traffic study results at this
point don’t show anything alarming even with full build out; however, it will require a reworking of
the 7th South and Pioneer Road intersection. To the south, where Golden Beauty Drive connects to
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University Blvd., a traffic signal will need to be added as development increases. There will be more
information when the traffic study is complete.
Council President Smith asked to view the 60 acres included in the traffic study. The map showing
the 60 acres was reviewed on the overhead screen. She questioned if 7th South is the only way in and
out of the 19 acres being rezoned. Mr. Leathman said they have master planned how the
development will connect to 7th South and Golden Beauty Drive.
Council Member Flora moved to approve the rezone at approximately 801 West 7th South from
Low Density Residential 2 (LDR2) to High Density Residential 2 (HDR2); 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 Benfield
Council Member Mann
Council Member Busby
The motion carried
B. Continued Development Code Ordinance Amendments (Ordinance No. 1115):
(Planning and Zoning Commission recommended changes to the Development Code as itemized in the
Working Copy of the Development Code dated 01/05/2017) The more substantive changes are as
follows: (1) Add Development Review Committee (2) Add Radon Testing (3) Refine Definitions (4)
Change Side Yard Setback (5) Change Minimum Lot Width (6) Contain runoff to your own lot (7)
Change Pedestrian Emphasis Overlay setbacks (8) Reduce Mixed Use Zones to one Mixed Use Zone and
add eight foot sidewalks to the MU Zone including trees and landscaping, encourage underground
parking (9) Blade signs can be allowed between 11 and 16 feet (10) Maximum Dwelling Densities. (11)
Amend some conditional uses (12) Parking Lot Connectivity required (13) All buildings require a building
permit (14) Modify Commercial Lighting Standards (15) Planned Unit Development – One Acre
minimum (16) Add Storage Facilities to Chapter 5. The entire document with the proposed (Substantive
and Non-substantive) changes can be viewed on “Rexburg, org /Government/Development
Code/WORKING FILE FOR DEVELOPMENT CODE 01/05/2017”.
Discussion:
Community Development Director Christensen reviewed the items being changed in the
Development Code. He referred to these items as clean up items.
Community Development Director Christensen explained some of the substantive items for
example building heights and design standards will be discussed in Planning and Zoning Meeting.
There will be more changes to the Development Code in the future. The items on the agenda have
already been discussed with the Task Force Committee and Planning and Zoning Commission.
Council Member Busby moved to approve the amendments to the Development Code
(Ordinance No. 1115) as presented: The more substantive changes are as follows: (1) Add
Development Review Committee (2) Add Radon Testing (3) Refine Definitions (4) Change Side
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Yard Setback (5) Change Minimum Lot Width (6) Contain runoff to your own lot (7) Change
Pedestrian Emphasis Overlay setbacks (8) Reduce Mixed Use Zones to one Mixed Use Zone and
add eight foot sidewalks to the MU Zone including trees and landscaping, encourage underground
parking (9) Blade signs can be allowed between 11 and 16 feet (10) Maximum Dwelling Densities.
(11) Amend some conditional uses (12) Parking Lot Connectivity required (13) All buildings require
a building permit (14) Modify Commercial Lighting Standards (15) Planned Unit Development –
One Acre minimum (16) Add Storage Facilities to Chapter 5. The entire document with the
proposed (Substantive and Non-substantive) changes can be viewed on “Rexburg.org
/Government/Development Code/WORKING FILE FOR DEVELOPMENT CODE
01/05/2017”; 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 Benfield
Council Member Mann
Council Member Busby
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
BILL Introduction: – NONE
B. First Reading: Those items which are being introduced for first reading:
1. Ordinance 1155 for LID46 Final Assessment Roll
2. Ordinance 1157 amending the Development Code (Ord. 1115)
Council Member Mann moved to first read Ordinance 1155 for LID46 Final Assessment Roll and
consider it first read; 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 Benfield
Council Member Mann
Council Member Busby
The motion carried
C. Second Reading: Those items which have been first read: - NONE
D. Third Reading: Those items which have been second read: NONE
Mayor’s Business:
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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 January 4th, 2017 meeting; Council President Smith indicated a correction be
made to the January 4th meeting minutes. The date of the Airport Board meeting is
scheduled for January 25th not 20th.
B. Approve the City of Rexburg Bills
Council Member Busby moved to approve the Consent Calendar containing the minutes and 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 Benfield
Council Member Mann
Council Member Busby
The motion carried
Adjourned at 8:01 P.M.
APPROVED:
____________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Marianna Gonzalez, Deputy City Clerk