HomeMy WebLinkAboutCouncil Minutes - April 15, 2015.pdf
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April 15, 2015
Mayor Richard Woodland
Council Members:
President Sally Smith Jordan Busby
Donna Benfield Jerry Merrill
Christopher Mann Brad Wolfe 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
7:00 P.M. City Hall – Pledge to the Flag
Troop 404 led the pledge.
Shane Turman said the prayer.
Roll Call of Council Members:
Attending: Council President Smith, Council Member Benfield, Council Member Mann, Council
Member Merrill, Council Member Busby, Council Member Wolfe, and Mayor Woodland.
Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes):
Steve Oakey commented on the beer and wine sales ordinance and wanted to know if public
comments will be allowed before the 3rd reading. He said that the 2nd reading did allow public
comment.
Mayor Woodland said that public comments have already been accepted. He feels that we have
already heard everything.
Jennifer Barzee, representing the Upper Valley Soccer Foundation, was wondering who the parks
and fields crews report to. Mayor Woodland said that they report to the mayor and Council
Member Merrill, as he is the liaison. Ms. Barzee said that they have been experiencing limited use of
the three soccer fields. Bryan George, representing AYSO, would appreciate the opportunity to
present at the next city council regarding the growth of soccer in Rexburg. Council Member Busby
told them to have any presentation information to the city clerk the Monday before the meeting.
Council Member Wolfe asked about the limited use they are experiencing. Ms. Barzee said that in
previous years the wet ground has delayed them from practicing; however, this spring was dry but
the field’s crews won’t let them use the fields while the prep work is being done. Their practices are
in the evening so the crew can still do work during the day. Mayor Woodland said that perhaps the
herbicide sprays are a reason for delay. She said that is fine and they can work around that but the
soccer goals are also locked up by the city. One set of those goals was purchased by Upper Valley
Soccer Foundation and they can’t use them until the city decides the fields are ready and unlocks
them.
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 15, 2015
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Presentations:
A. Housing Parking Proposal – Housing Owners
Trent Vandersloot from Idaho Falls is the general manager for North Point Apartments and he
represents the off campus housing association. He appreciates the opportunity to present. He
referred to his handout. They have collected data and analyzed it. They have learned a lot. They do
not blame anyone for where they are at. He appreciates the City. They had a successful outreach to
the apartment owners over a two semester period. The numbers represent five thousand beds. Over
the two semester period, they kept track of all booting and towing records. They have all sorts of
data including reports to the city. They wanted to figure out the problems and why they are
happening and what they can do. There is an average of 18 percent of visitor parking being used.
They have counted and found that at peak there is 30 percent being used. About two percent of the
number of parking stalls will get a parking violation within a period of time. That seams low. They
agree that booting and towing has a great effect on residents and guests. As they monitor this they
have become aware of the issues. That which is measured tends to improve. As a group they have
come forward with a commitment to resolve the problems for the benefit of the city and students
and community. Concerning booting, they would like to set up protocol. The booting companies
will inform mangers with a weekly written report. The report would include a list of the booting and
towing’s along with the date, time, location, license plate numbers and pictures and what the
resolution was. If there is an escalated incident, the booting company must report within 24 hours.
Those reports with be submitted to the owners or someone of equal status. They are committed to
not boot or tow during move in or move out periods. They are committed to provide information
to all residents upon check in and they will provide parking contracts to each resident who will be
bringing a car into the residents.
Off-Campus Housing Association
Booting and Towing Evaluation Report
4,605 beds represented
BYU-Idaho Semesters Fall 2014 - Winter 2015
Percentage of visitors parking used
Average 18%
Peak 30%
Number of visitors compared to number of beds
Average 1.1%
Peak 3.2%
Percentage of parking spaces with parking violations
2%
Rachel Whoolery of Windsor Manor Apartments said that in February they went before the
Planning & Zoning Commission to discuss the necessity of looking into changes to the Pedestrian
Emphasis Zone (PEZ). She talked about what they are doing as a complex by putting in a parking
garage and numbering each stall. She had asked that the ten percent visitor parking be lowered.
They met with the city and the other owners and found that, as owners, they do want to be involved
and look at how they can be active in solving the problems. They need to get more involved and
know how many of their tenants are being booted and towed. It was great to get all the owners
together and to see the data. According to the visitor’s audits, an average of 1.1 percent of the
visitor parking is being used and 3.2 percent at the peak times. The complexes have too much
visitor parking. More students have cars so it would be nice to look at a new ratio.
Council Member Merrill asked if The Ivy was included. Ms. Whoolery said The Ivy did take part
in the discussions. He is surprised at the low numbers because he can never find a visitor parking
spot. She said that probably the tenants are leaking over into the visitor parking. Mr. Vandersloot
said that The Ivy did not do a visitor parking audit. Ms. Whoolery said there is about a seven percent
difference between what they are seeing and what is required.
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Council Member Busby asked Mr. Vandersloot about the time frame for the study. Mr.
Vandersloot said that it was done over two semesters. The past two to three weeks, the owners did
their own visitor audit during peak visitor times.
Council Member Busby asked if Darren Helm of Guardian Booting and Towing had been
involved in the conversations with the owners. She said that he has. Mr. Helm said he has been
working with the owners. He has a new software program that allows managers to see the boots
that are put on within five minutes along with pictures and the reason why the vehicle was booted.
It allows the managers to send lists to inform his employees of any special cases. It will allow
managers to add and subtract permitted residents. It will be a big benefit to all.
Council Member Busby asked if that is sent by smart phone or text. Mr. Helm said they get an
email.
Council Member Merrill said that it is excellent what they have been doing. He reiterated that the
city should not be involved with this. Ms. Whoolery said the city comes in when it comes to
changing the required visitor parking. She said there are several ways to look at the PEZ to alter the
wording to say that within the Conditional Use Permit, they have the option to come to the city with
a viable plan and then their parking would be reduced to allow reduced visitor parking.
Council Member Busby mentioned that demographics change so how often will we need to
change the rules. She explained that she is changing and analyzing as needed.
Council Member Smith asked about the weekly report and if that is too much for the owners to
handle. Ms. Whoolery said they are not sure about that weekly number but it gives them a good
time line. Mr. Vandersloot said that he has been getting live updates from the new software and it
serves as a tracking method. They may not see every single boot but if there is a spike in boots it
will give them a red flag. During the two semester period they were only getting about two percent
of two thousand stalls getting boots. It’s the twenty four hour escalated periods that they want to
make sure are taken care of.
Council Member Wolfe said it appears that one rule doesn’t fit all. He likes having proposals or
requests from those apartments that may have different issues. He would like to see adjustments
made as needed. Ms. Whoolery said that the owners would present their well thought out plan and
what they need in order to get their reduced visitor parking.
Council Member Wolfe likes the idea of letting the apartment complexes come up with the plan
that best serves their needs.
Council Member Merrill said he has full confidence in the owners to run their businesses as they
see fit. He wants to know why we have to be involved in it. Attorney Zollinger said because they
are running a business and they are far below the national standard for visitor parking. Council
Member Merrill said that maybe that is the national standard but the owners should be getting the
complaints. Mr. Zollinger said that we are getting the complaints. Visitor parking is an amenity that
should be provided by the business.
Council Member Merrill asked if we could eliminate overnight parking all year round so that
visitors can park on the streets. A lot of the people parking on the streets are residents. It is the
apartment owner’s problem to provide the necessary number of parking stalls. Mr. Merrill says they
should be able to do the numbers on visitor parking as they see fit. Mr. Zollinger said that
historically, the owners don’t do that. Mr. Zollinger said that, since Mr. Helm’s involvement, the
number of parking complaints has gone down but the complaints are more escalated. Some owners
would maximize profits at the expense of putting residents out on the streets. Mr. Merrill thinks if
they can show a reasonable plan they should be able to do that. Mr. Zollinger said that ten percent
visitor parking may be excessive. He believes this is a good step at trying to arrive at the appropriate
number but it shouldn’t be left up to them. Going with industry standards has proven to be most
effective but we do allow the owners to present their needs and we try to support their requests.
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Council Member Merrill asked what the percent of students with cars is. Ms. Whoolery said that
depends on the area and men verses women. The girls have fewer cars.
Mayor Woodland commended them on the work they have done and their desire to make things
work.
Trent Vandersloot would like to have street parking be able to account for part of their visitor
parking. He submitted some written comments from other owners.
Discussion on visitor parking on the streets.
Richey Webb gave an example. At hemming Village they brought in a business and needed extra
parking. He agreed with the city on the number of stalls needed. It has proven higher than they
needed. The city was very helpful. The idea of being able to work together is helpful. He needs
fifty percent ratio but others don’t need that much. Giving the owners the option to present their
case is a good idea. They also have enough evidence now to know what is working and what isn’t.
Council Member Merrill said that he appreciates Darren Helm for taking action on helping to
solve the problem.
Council Member Mann asked if the apartment owners would be willing to get rid of the predatory
booting for a reduction in the visitor parking. Mr. Vandersloot said that it does create a burden on
them. It would have to be a huge portion in order for them to consider throwing out booting.
Blake Willis said this new software program will help make it easier to maybe agree to that.
Rachel Whoolery said for two months they didn’t do any towing. They would knock on doors and
try to find owners of cars to have them move or put a note on their car. They had mothers calling
and complaining saying that there is always someone in their child’s stall. They then booted two
cars and sent out a notice and suddenly there were no cars in the wrong spot. There has to be some
sort of consequence for not parking in the right spot.
Council Member Benfield said that this has been a problem for a long time but we are in a better
spot than ever. She sees a lot of progress with the owners and booters. We are finally making
headway.
Attorney Zollinger said that now we take an amendment proposal on the PEZ zone to Planning &
Zoning. We have always considered street parking as a factor. We are not going to give exclusive
action opportunity over that. They will address some areas for timed parking. They will visit with
tenants and see if they need to reduce timed parking’s. He believes the next step is to let the owners
have another year to resolve the issues. He thinks that the industry is taking correct steps. We will
take the necessary steps to reduce the visitor parking.
Blake Willis asked if there is a target number of complaints to show resolve. Mr. Zollinger said
that he just wants to see the owners invested in it. If, over the next six to twelve months, we see no
change in the number or intensity of complaints, we can come back again and try to find the next
best step.
Steve Oakey presented another idea. He thinks more rules are not the answer. Mr. Oakey read his
comments regarding a solution to the parking problems.
At the January 21st City Council meeting it was correctly stated that I was sole Planning and Zoning (Jan. 15)
board member to oppose the latest attempt to fix the City Development Code Parking Regulation. At that same
City Council meeting Val Christensen reflexively stated, “Steve Oakey wants no parking ordinance”. Knowing
that there may be many incorrect or assumptive motives attributed to me, I state in written form and for the
record my reasons for voting against this particular parking fix. Whether you find my opinion well-reasoned or
persuasive, at a minimum, it is mine and not a mischaracterization. Furthermore I would invite an yone in favor
of this ordinance change, to publicly justify how it would improve the overall efficiency of the parking system.
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I understand how by comparison to the existing complex Parking Rules, someone would confuse my suggestion
towards simple, understandable rules, as utter chaos and parking Armageddon. To alleviate doubts or fears of
this impending doom, I would like to share with you, in the next few minutes, some basic and simple rules that I
use to cut through the surface clutter, when issues like this come up. Often times I find that holding to these
simple rules amidst public pressure, requires some intellectual fortitude and conviction, for the obvious reason
that, more times than not, when our friends, neighbors and fellow citizens appear in the se chambers it is for a
self-interest that obscures the overall, and equally applied interests of the many.
When it comes to a simple, liberally applied understanding of land use and property rights, I envision a
checkerboard like system of long and narrow public thoroughfares and utilities wherein the city will protect its
well defined obligation to maintain safe, efficient travel along streets, sidewalks, and utility corridors. With
transparent and informed consent, the city will manage these long and nar row connections, guaranteeing the
entry and exit of the many broad and deep squares that are privately owned, operated, bought, sold or leased,
however the owner sees fit. Property owners can enter into any voluntary arrangement, at their discretion;
whether for profit or loss as it is not the government’s obligation to guarantee property value, only property
use. It is at the boundaries of these separate properties that the government steps in to enforce against force
and fraud, health and safety.
For the sake of simplicity and brevity how can this “checkerboard theory” apply to parking issues in the city if
Rexburg? The rule simply stated is; “you take care of yours and we will take care of ours”. Property owners
and public officials must be made to understand, strict, well defined boundaries, responsibilities and rules that
require the city only to guarantee equal, efficient access to publicly held thoroughfares and utilities, period.
Property owners, whether occupying a residence or a business are solely responsible to provide parking for
themselves or their customers, period. If we are to take a more introspective view, we can see, today, how this
simple rule will play out. One of many examples we could use is my own street. I live on Cornell Ave, a narro w
residential street a half block in either direction from campus, rental houses and apartments. A street that many
years ago had no parking restrictions but, because of evolving traffic patterns, today has restricted permit
parking on one side only. During certain times of the year and certain times of the day, City traffic police patrol
Cornell and frequently issue bright orange citations to non -permitted vehicles. I have seen firsthand, at the
Police station, how upset, and frustrated many ticketed owners can be as they plead for some leniency using
arguments about being late for class or they didn’t see the posted signs etc. I have also heard accusations,
usually with hushed tones, how the city targets students for extra revenue. I suspect that in order to better serve
the community Chief Turman will periodically review ticket writing policies and perhaps in the event that one
officer is overzealous in issuing citations, that suggestions will be made at improving instructive law
compliance rather than punitive punishment. A very similar dynamic can be seen when private operators try to
manage parking and traffic flow at their businesses; some with a reputation of better management than others.
One additional layer of burden that private owners have that th e city does not is that private owners have no
recognizable, respected police force and must hire private towing companies to help enforce posted parking
rules. Additionally the city feels compelled to regulate these private owners’ parking lots with arbitrary, blanket
rules that are continually subject to change based on the next car count study. The fact is that private owners
encounter the same management struggles as the city enforcement and it does no good to label private
operators “predatory”, call them on the carpet and insist on imposing ever expanding, ever changing, ever
complex parking rules.
How does my simple rule compare with the current state of complex rule making? By insisting that it
orchestrate how complex arrangements are made, including parking, the city invites complex rules that initiate
unfair treatment of certain groups, special deals and requirements, special zoning boundaries, and an ever
larger more expensive bureaucracy, all of which exist in Rexburg. When you force parking regulations, you
invite on the city, blame for failures, and shift responsibility from where it should be, on private owners. I have
not even touched on the well-documented causation that increased regulation ads additional, unnecessary cost
to development. In the March 4th City Council meeting it was agreed upon by council members that to finally,
and once and for all, solve the parking problems in Rexburg, we need more studies, more information, more
renewed parking formulas. In other words the city council wants the same thing that its predecessors wanted
and unless a vastly simpler idea is implemented, the yet unelected successors will want. You would be hard
pressed to find a dozen people in this town that could easily explain to the average citizen, how ou r parking
regulation works and I include myself and other members on the Planning and Zoning, and City Council. Give
me ten minutes on the street with any passerby and I would explain a much simpler alternative. Take to heart
the question that Rex Erickson asked years ago; “why is this our problem”? I invite the City Council to reject
this latest iteration of the ever elusive parking fix, in favor of a simple, understandable, enforceable, parking
rule. As eluded to previously in my comments, let me share an other simple rule I use when thinking about
passing additional rules; “any law that increases the complexity of the legal system has to justify itself by
showing how it improves the overall efficiency of the system.” The currant attempt at tinkering and massaging
is simply putting off the difficult task.
Now there’s going to be fear, second-guessing, and the paternal instinct that people don’t know how to
manage their own affairs, and the question will be asked; “can we do this?” To encourage you, I would s uggest
you watch a YouTube video of a panel discussion sponsored by Zillow, July 24 , 2014. Participants on this
panel, some of the most respected urban scholars in the country, included Wendell Cox, Edward Glaeser, and
John Norquist. Norquist was Mayor of Milwaukee from 1988-2004, served for ten years as President of the
Congress for the New Urbanism, and is a self-styled progressive urban planner. One of the few issues that these
three could agree on was when Ed Glaeser asked about minimum parking requirements. Quoting Norquist “It
should be between the property owner and the people who want to occupy the property; there shouldn’t be any
parking minimums”.
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Dear City Council and Mayor, you are not alone in doing the right thing, and greatly simplifying the p arking
code is the right thing to do.
Letters from Apartments Owners:
Shelbourne Apartments, LLC
BYU Idaho Approved Men's
Housing
570 S 2 W
Rexburg, Idaho 83440
April 8th 201s
To: Rexburg City Council
Re: PEZ Zone Booting and Parking
Council Members,
Shelbourne Apartments would like to take this opportunity to voice
our strong support for the presentation made on our behalf and
other apartment complex owners by the Off Campus House Holders
Association. The booting and towing issues are closely linked to the
overall parking problem in the PEZ zone. The Shelbourne rate of
booting over the past two semesters is quite low and I suspect is
much lower than the rate of parking citations issued over the
corresponding time period on the city streets. Both the city and the
apartment complexes need to be able to control parking, the city
through the use of citations and the apartments by booting or
towing.
In regards to visitor parking, it is unreasonable for the City to
expect that only private property owners should be asked to
shoulder the need for visitor parking. The City also has a
responsibility to provide short-term parking on the streets for its
own residents and those visiting from out of area. The amount of
spaces actually needed for visitor parking is not at all clear to us,
while the acute need for long term parking is very clear. Most of our
visitor parking goes unused, while our own residents unable to
obtain parking in our lot are forced to try and find it from the city
or another complex. The current visitor parking spaces could be put
too much better use if we were to use them for our own tenants.
Lastly, we would propose that the City change the current "parking
by permit only" in the PEZ zone to allow for short-term parking.
Many municipalities are faced with the issue of high demand for
limited on street parking, but recognize the need for short term
parking as well. This could easily be accomplished by placing a 90
minute parking limit in the PEZ area "except by permit". This
change would accommodate a large amount of visitor parking,
while also limiting the "car shuffle" occurring when a time limit runs
out, as the majority of cars parking in the PEZ zone would have
permits or they are only there for a short time and are not
concerned with the time limit.
We appreciate the willingness of the City to work with the Off
Campus House Holders Association and look forward to a win-win
solution that benefits all parties concerned.
Sincerely
Nicholas Marassi
Shelbourne Apartments, LLC
Rexburg City Council,
Thank you for listening to our comments regarding booting towing and parking issues in Rexburg
City. As land owners and business owners within the city, we appreciate having a voice. Many of us
have gotten together and drafted a proposal that we believe will help create a better experience for our
customers and will be better overall for the city. Please consider the proposal we have prepared and
Trent VanderSloot will be presenting.
Thank you,
Christopher Carr
Owner; Central Park Apartments, Heritage Apartments, La Jolla Apartments, Nauvoo House Apartments
Committee Liaison Assignments for 2015:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council Member Mann reported the Mayor’s Youth Advisory Board did not meet today because
they are meeting Friday to decorate for their area high school dance which will be Friday night. The
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theme is Under the Sea with black lights and bubbles. Emergency Services has met. They talked
about building issues with the fire department remodel. The Golf Board has met. Sales are up.
B. Council Member Jordan Busby: GIS Oversight · Airport Board · Traffic & Safety
Council Member Busby reported Traffic and Safety was cancelled. The Airport Board has not
met. They will be having a GDA meeting to talk about the findings from a study. The GIS met and
reviewed the new software. Once it is up and running, they will have a presentation for city council.
C. Council Member Donna Benfield: Police · Trails of Madison County · IBC · Teton Flood Museum
Committee
Council Member Benfield reported the Police Department has a new officer, Kenny Marlor.
They now have an officer set up at the hospital from 6 pm to 4 am each night. Ron Ball attended a
task force meeting in California regarding the AKA bandit. Madison County Trails Committee met
and they are working on the bike park. They are trying to decide the different levels and sections of
the park. They also discussed having a plan B in case they don’t get the grant. Plan B is to go out
and get community support. Steve is going to talk to the hospital about using some of the land next
to the lot as an easement or parking lot. They had a concern from someone about the path to the
high school. There is a lot that goes into that. She met with Louis Clements who is on the
Historical Society. He is helping with the Flood Museum. He has a student that is connecting QR
codes on the displays so people can read and learn more about each item. He is also doing studies
and found that over 70 percent of the visitors are from out of town. She invited the locals to visit
the museum.
D. Council Member Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle
Civic Center, Orchestra) · M.E.P.I.
Council President Smith reported the Legacy Flight Museum did meet and talked about the free
pancake breakfast and fly-in coming up in June. They also talked about the insurance on the planes.
John Bagley will be back in May and may be buying another airplane. Deborah Lovejoy has been
very proactive in getting things organized. She is very impressive and helping a lot. MEPI met.
Scott Johnson gave a great report on economic development. There are some good things coming
from Envision Madison. There will be at least one more public input session. Some good things
have come from the broadband study.
Council Member Merrill asked if there is any dark fiber that has been laid around the city that isn’t
being used. Council Member Smith said there is and that is one of the things they are trying to pull
together. Mayor Woodland said that the city has some dark fiber they were able to buy for cheap
out of Japan where the tsunami destroyed the plant. It could go from the sewer plant to the
tabernacle and city hall.
Council Member Smith said that the reason not much has come forward on that is because there
is a lot going on with the federal government to find out if it’s legal for municipalities to participate.
There is a lot of great economic development going on. The arts council will have some changes
that will be discussed when council does their drive around.
E. Council Member Jerry Merrill: School Board · Parks & Recreation · Urban Renewal Agency
Council Member Merrill reported the school district is negotiating to find a place to build a water
tower. Parks and Recreation are planning the marathon and summer recreation programs. Urban
Renewal has not met but they are working on the north district out towards the interchange.
F. Council Member Brad Wolfe: Planning & Zoning · Beautification Committee
Council Member Wolfe reported Planning & Zoning will meet tomorrow. Beautification has a
proposal from an engineer on some changes for Center Street. They will be looking at that on the
drive around. They want to look at some architectural lighting.
Council Member Busby said that vaping laws have changed. He asked Attorney Zollinger to
clarify. Attorney Zollinger explained House Bill 159 is a positive step to add electronic cigarettes as
a violation under state law by minors, but they limited the cost for first offenses to $17.50. The
concern is that they are undermining the fact that most minors can pay that easily. They took it
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from a misdemeanor to an infraction as well. He would like to have a city ordinance that gives us
the ability to make the minors attend a smoking cessation class that costs $25.00. He is not sure if
the state left that door open but he will come back with a proposal if possible.
Council Member Merrill said he thought that vape pens were already under the same laws as
cigarettes.
Attorney Zollinger said that inhalants do fall under the same ordinance in our city. He is looking at
the practicality of leaving that first offense at $17.50.
Council Member Busby said that they caught three sophomores with vape paraphernalia.
Attorney Zollinger said that they have yet to take into custody a minor that was smoking legal stuff.
Mayor Woodland said that the Chamber of Commerce would like some more money for fireworks.
We have stopped doing the Christmas in the Night Time Sky so he suggested that we transfer the
funds that were being used for that to the fireworks fund for the 4th of July.
Council Member Busby motioned to transfer the funds from “Christmas in the Night Time
Sky” fund to the Fireworks fund; Council Member Wolfe seconded the motion;
Discussion: Council Member Benfield withdrew from the vote due to a conflict of interest
because she works at the Chamber of Commerce. Mayor Woodland asked for a vote.
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Busby
Council Member Mann
Council Member Merrill
The motion carried
Public Hearings: - NONE
Items for Consideration:
Staff Reports:
A. Public Works: – John Millar
1. Award Bid for replacement Boom Truck.
Public Works Director Millar explained the Boom Truck bid came in at $64,250 from Mountain States
Industrial Services. This bid is much higher than he anticipated but with the money he saved from other
purchases he would like to buy this truck which is still within the equipment budget for the year.
Council Member Merrill asked how to tell if the trucks are not good. Mr. Millar said high hours and high
mileage.
Discussion:
Council Member Merrill moved to award the only bid for replacement of a Boom Truck to
Mountain States Industrial Services for $64,250 and amend the budget; Council Member Busby
seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Benfield
Council Member Wolfe
Council Member Busby
Council Member Mann
Council Member Merrill
The motion carried
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2. Award Bid for the equipment for the pasteurization equipment for the wastewater treatment
plant project.
Public Works Director Millar reviewed the only bid for the pasteurization equipment package
from GE at $1,732,900 including all equipment, delivery, and startup and training services. There
is a delivery time, they need to get it ordered so it will be here and installed before winter.
Council Member Wolfe asked about the eleven million dollar loan. Mr. Millar said that is on
the water system which is separate.
Council Member Merrill asked how this relates to the new system they were looking at. Mr.
Millar said this is the new system.
Council Member Busby said given the assembly time would we be able to construct
appropriately in time for winter. Mr. Millar said they will have all of the buildings built and the
piping done so that when the equipment arrives they will be able to bolt it right in.
April 14, 2015,
City of Rexburg WRF – Solids Handling RFP Results
“This includes the equipment provided in GE’s preliminary proposal for $1,495,000 plus an additional
$82,000 for the heat recovery system and another $155,900 for a second dual fuel boiler unit. The heat recovery
system is recommended as this will increase the efficiency of the pasteurization system and provide enough surplus
to heat to heat the floor of the new solids storage facility. Heating the storage facility floor will further
dry the solids, decreasing the weight and volume of solids that need to be transported for disposal and
significantly improving their quality for land application purposes. The second boiler unit is also required
to provide additional hot water for the floor heating system and will also serve as a backup unit for the
pasteurization boiler.”
“The GE proposal meets the general requirements and design criteria in the RFP. The system is designed
to handle up to 28,600 gpd of thickened (6%) waste activated sludge. The system will heat thickened
WAS to the required temperature (158°F) and mix sludge in one of three tanks for one hour to meet the
temperature and time requirements for class A biosolids. Pasteurized sludge will then be pumped from
the tank, through the heat recovery heat exchanger that will pre-heat incoming cold thickened WAS, and
on to the first anaerobic digester tank. Sludge from the first digester tank will be recirculated through a
cooling heat exchanger as required to ensure that the first tank does not operate above the maximum
design temperature of 107°F. Sludge will then pass in series through the other three anaerobic digester
tanks prior to being sent to the existing screw press units for dewatering. Sludge from all four digester
tanks can be recirculated through a common heating heat exchanger as required to maintain the design
operating temperature of 98°F. Hot water to heat sludge for pasteurization and maintain temperature in
the anaerobic digesters will be provided by duel fuel boilers. The boilers will use biogas produced in the
anaerobic digesters and will only require natural gas during startup or other extenuating conditions were
the digestive process is interrupted, reducing biogas production.
Discussion:
Council Member Busby moved to award the only bid for the equipment for the pasteurization
equipment for the wastewater treatment plant project to GE for $1,732,900 including all
equipment, delivery, and startup and training services; Council Member Wolfe seconded the
motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Benfield
Council Member Wolfe
Council Member Busby
Council Member Mann
Council Member Merrill
The motion carried.
10
B. Finance Department: Matt Nielson
1. Quarterly Treasurers Report
Finance Officer Nielson reviewed the Treasurer’s Quarterly Report ending March 31, 2015. He
explained that we are six months into the fiscal year. We have spent forty percent of operating expenses
and about twenty two percent in overall expenses. We are investing about 21.7 million. The airport will
show a deficit until those funds start coming in from the FAA etc. Finance Officer Nielson requested a
budget adjustment for the Police Impact Fee. We had budgeted $300,000 from the general fund to buy
the old street shop building. He would like to change that and buy it out of the impact fee fund. It
would put it into a deficit and then we would pay it off as we collect impact fees. He would like
permission to switch that budget from general fund to impact fees fund.
Discussion:
Council Member Busby motioned to transfer the funds for the old street shop from the general
fund to the impact fee fund. Council Member Benfield seconded the motion.
Discussion: Mayor Woodland asked for a vote.
Those voting aye Those voting nay
Council Member Smith None
Council Member Benfield
Council Member Wolfe
Council Member Busby
Council Member Mann
Council Member Merrill
The motion carried.
Finance Officer Nielson reported that Rexburg Rapids needs a boiler repair that will cost $8,000. The
water comes in so cold that the condensation builds up and drips on top of the boiler unit and corrodes
it. They also hope to also address the leak in the Lazy River.
11
12
2. Quarterly Treasurers Report
Finance Officer Nielson reviewed the Budget Summary Report ending March 31, 2015.
13
14
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 1131 to rezone 408 and 416 West Main, and 407 West 1st North from
Medium Density Residential 2 (MDR2) to High Density Residential 2 (HDR2).
Discussion:
Mayor Woodland asked for a motion.
Council Member Busby moved to consider Ordinance 1131 second read; Council Member
Smith seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Benfield
Council Member Wolfe
Council Member Busby
Council Member Mann
Council Member Merrill
The motion carried
E. Third Reading: Those items which have been second read:
15
1. BILL 1128 changing the times when beer and wine can be sold in the City of Rexburg;
repealing Ordinances 341, 343, and 445.
Doug Nielson spoke neutral. He invited the council to allow the residents to vote on this issue.
He is a bishop and feels that the council’s personal views should not decide the outcome.
Everyone should be given the opportunity to have a say. It should be a majority decision.
Steve Oakey pointed out that there have been many comments about public health in regards
to selling beer on Sunday. We don’t pass laws to prevent obesity. We have free choice and we
have a right to choose what we do with our own bodies. It should be a conversation about what
is good for our community. We can already buy alcohol in the city on Sunday. It is unfair for
businesses that cannot sale on Sunday.
Attorney Zollinger explained that the issue cannot be put to a vote. It was already voted on
that alcohol sales can go on in Rexburg. It is up to council to manage the time, place and manner
of how those alcohol sales take place in the city.
Discussion:
Written Input:
1. Steve McGary reviewed an article NEWS RELEASE — 21 JANUARY 2014 – Church Says Existing Alcohol
Laws Benefit Utah – SALT LAKE CITY — The Church of Jesus Christ of Latter-day Saints today released the following
information that includes a video interview with Elder D. Todd Christofferson and a whiteboard animation which explain the
Church's position on existing Utah alcohol laws. http://www.mormonnewsroom.org/alcohol-laws-utah
From the article:
Utah’s alcohol laws and policies are sometimes ridiculed, and their benefits, including the many lives these
laws and policies protect, are overlooked. For decades, reasonable alcohol controls have served Utah well.
Implementation of the comprehensive alcohol laws in Utah has resulted in the state falling well below the
national average in devastating alcohol-related societal costs. In fact, Utah has the lowest number of alcohol-
related traffic deaths[1] per capita of all 50 states….
…Despite these and other benefits, Utah’s alcohol laws have continually been challenged. While many other
states are trying to curb alcohol consumption because of the significant public costs and the many problems
associated with it, some in Utah are trying to undo laws and regulations that have contributed to these
desirable outcomes sought after by other communities…..
…. Utah’s alcohol laws help to create a culture that allows for the use of alcohol while respecting its potential,
seen in every society, to inflict high costs on individuals, families and communities. That is why the Church
strongly discourages changing any laws and policies that would make restaurants more like bars, including the
Utah law that requires alcoholic beverages to be prepared out of sight of restaurant patrons. That law sends a
clear reminder that the destructive potential of alcohol should be respected. …
---------------
Good morning Mayor Woodland and Council Members,
I will not be able to attend the City Council meeting this Wednesday during which Bill 1128 will be read
for the third time and presented for your vote. I am in Washington caring for my 90 year old father. I
appreciate the discussions and communications that you and I have engaged in regarding Bill 1128. I have
discussed with you the issue of repealing the ban on Sunday alcohol sales. Through all of our discussions and
conversation I still maintain my position in opposition to Bill 1128.
I appeal to you as the elected leaders of our community to reject Bill 1128 based upon the values of integrity,
honor and common sense. I believe each of you in your heart feel that the current policy is the correct course.
Changing the current policy add little value to our community.
I appreciate the link that Blair sent of the news conference held last year by the LDS Church. The theme of
that news conference in my opinion, was highlighting the social values of community and state ordinances that
restrict the accessibility of alcohol to the general public. I noted that the figures presented in that new
conference were consistent with those that I have presented to the council. In addition the
news report highlighted the good that has occurred in the State due to restricting the accessibility to alcohol.
16
In thinking of the future, it is important to remember that once passed ordinances such as 1128 will not
recede on it's own accord and will be harder to reverse.
Again, I appeal to each of you to reject Bill 1128. Our community will be better off and stand higher and
with other cities who have done the same.
Regards,
Stephen McGary
915 Hillview Drive
Rexburg
2. Mayor Woodland and the Rexburg City Council,
I am against Bill 1128.
Calling this decision "economic development" is incorrect. People who make up the economic base in Rexburg
will not be purchasing alcohol on Sunday. Changing the unique laws in our community in order to service a
few tourists who may stop at Applebee's for a Sunday drink, once a week during the summer months, will
not improve Rexburg's economy. Therefore, there is no reason to change the law.
I have discussed Bill 1128 with many friends and associates; they all concur. Bill 1128 is not necessary
and will not improve the economy in Rexburg. Citizens of Rexburg do not want this change.
Thank you all for your work in behalf of our delightful, friendly, and unique community.
~Laurene Jackson
3. The Impact of Alcohol on our Society – Kim and Ying Ng
Rexburg City Council Meeting - April 15, 2015
Bill 1128 (Sale of Alcohol on Sunday)
a. Introduction
b. One hundred years of Alcoholism in brief anti alcohol movement and prohibition
c. National Council on Alcoholism and Drug Dependence information
https://ncadd.org/get-help/family-information-and-education/144-family-education
National Council on Alcoholism and Drug Dependence (NCADD) claim:
“Our Nation’s #1 health problem is alcoholism and drug dependence.”
https://ncadd.org/learn-about-alcohol/drinking-and-driving
Facts
17.6 million people, or one in every 12 adults, suffer from alcohol abuse or dependence along with several million
more who engage in risky, binge drinking patterns that could lead to alcohol problem s.
More than 7 million children live in a household where at least one parent is dependent on or has
abused alcohol.
Facts About Alcohol: Alcohol abuse and alcoholism can affect all aspects of a person’s life.
Information from Centers for Disease Control and Prevention
88,000 deaths are annually attributed to excessive alcohol use
Alcoholism is the 3rd leading lifestyle-related cause of death in the nation
Excessive alcohol use is responsible for 2.5 million years of potential life lost (YPLL) annually, or an
average of about 30 years of potential life lost for each death
Up to 40% of all hospital beds in the United States (except for those being used by maternity and intensive care
patients) are being used to treat health conditions that are related to alcohol consumption
Alcoholism has little to do with what kind of alcohol one drinks, how long one has been drinking, or even exactly how much al cohol
one consumes. But it has a great deal to do with a person's uncontrollable need for alcohol.
The alcoholic is frequently in the grip of a powerful craving for alcohol, a need that can feel as strong as the need for
food or water.
Question: Is alcoholism a disease?
17
Answer: Yes, alcoholism is a disease. Like many other diseases, alcoholism is chronic, meaning
that it lasts a person's lifetime; it usually follows a predictable course; and it has symptoms.
Drinking and Driving
FACT: An estimated 32% of fatal car crashes involve an intoxicated driver or pedestrian.
Nearly 13,000 people are killed each year in alcohol- related accidents
Hundreds of thousands more are injured
Alcohol-related crashes cost American taxpayers over $100 billion
Over 1.4 million arrests for DWI each year (less than 1% of 159 million self-reported episodes of alcohol-
impaired driving) and 780,000 are convicted
Two-thirds of those sentenced to incarceration are repeat offenders
Warning: Drinking and Driving is NOT the Only Alcohol-Related Risks of Death:
Annually, almost 100,000 deaths are alcohol-related, and only 13.5% are drink and driving.
Over 86.5% of all alcohol-related deaths are pedestrian accidents, falls, fires, homicides, alcohol-overdose, suicides and health –
related death, e.g., cirrhosis, etc.
Real Life Stories
Jessica’s Story:
Jessica, a 20 year old college student, admitted to smoking marijuana and drinking with friends before she ran over and killed a
jogger, a 46 year-old father of three, happily married with a successful career and good standing in his community as a volunteer at
a local food bank. Jessica was convicted of vehicular manslaughter and negligent homicide. The judge sentenced Jessica to prison for
20 years. Her parents and many of her classmates wept in the courtroom.
Affected parties:
Jessica herself
Her parents and many of her classmates, friends and relatives.
The 46 year old father – the victim
The victim’s wife and his 3 children
The victim’s parents and his siblings
The victim’s friends
The victim’s employer and work colleagues
The local food bank
Jacqueline’s story
Not every who gets hit by a drunk driver dies!
http://blogs.seattletimes.com/today/2013/04/head-on-crash-on-highway-520-at-mountlake-boulevard/
April 4, 2013 at 6:27 AM
Driver in deadly 520 head-on crash has pending DUI case
Posted by Jack Broom and Mike Carter
A crash on SR 520 killed a woman this morning. The State Patrol says the driver of the SUV, was driving the wrong way and
drove head-on into the gold Mazda on the right. The patrol said it appeared that the SUV driver had been drinking.
There are hundreds and thousands of these types of real people and real life stories
Alcohol and Crime
FACT: 5.3 million adults − 36% of those under correctional supervision at the time − were
drinking at the time of their conviction offense
Excessive drinking leads to criminal behavior:
FACT: Alcohol is a factor in 40% of all violent crimes today
Crimes include: rape, sexual assault, robbery, aggravated and simple assault.
Based on victim reports, alcohol use by the offender was a factor in:
37% of rapes and sexual assaults
15% of robberies
27% of aggravated assaults, and
25% of simple assaults
Plain and simple, we have failed to treat the cause - binge drinking, alcohol abuse and dependence- alcoholism.
Alcohol and Pregnancy
Fetal Alcohol Effects (FAE) or Fetal Alcohol Spectrum Disorder (FASD)
FASD is the leading known cause of preventable mental retardation.
FASD can occur anytime a pregnant woman drinks alcohol.
Research has shown that drinking any alcoholic beverage is harmful, especially binge drinking (consuming four or more
drinks on one occasion).
Alcohol and the Workplace
Alcohol and College Students
18
Consequences—Researchers estimate that each year: 1,825 college students between
the ages of 18 and 24 die from
alcohol-related unintentional injuries, including motor-vehicle crashes. 696,000 students between the ages
of 18 and 24 are assaulted by another student who has been drinking.
97,000 students between the ages of 18 and 24 report experiencing alcohol-related sexual
assault or date rape.
Roughly 20 percent of college students meet the criteria for an AUD. About 1 in 4 college students
report academic consequences from drinking, including missing class, falling behind in class, doing poorly on
exams or papers, and receiving lower grades overall.26
Alcohol and the Human Body
In 2013, of the 71,713 total liver disease deaths among individuals aged 12 and older, 46.4 percent involved alcohol.
Among males, 48.9 percent of the 46,240 liver disease deaths involved alcohol. Among females, 42.7 percent of the
25,433 liver disease deaths involved alcohol.
Among all cirrhosis deaths in 2011, 48.0 percent were alcohol related. The proportion of alcohol-related cirrhosis was highest
(72.7 percent) among decedent’s ages 25–34, followed by decedents aged 35–44, at 70.3 percent.30
In 2009, alcohol-related liver disease was the primary cause of almost 1 in 3 liver transplants in the United
States. Drinking alcohol increases the risk of cancers of the mouth, esophagus, pharynx, larynx, liver, and breast.
Note:
Expanding our understanding of the relationship between moderate alcohol consumption and potential health
benefits remains a challenge, and although there are positive effects, alcohol may not benefit everyone who
drinks moderately. http://alcoholicsvictorious.org/faq/impact
The Impact of Alcohol Abuse on American Society
Alcohol related crashes kill someone in the U.S. every 22 minutes. At any minute, one of 50 drivers on the road is drunk and
every weekend night, one out of 10 is drunk.
Alcohol related accidents are the leading cause of deaths among young people. (Dallas Times - Sat., 6/9/90)
Heavy drinking is involved in 60% of violent crimes, 30% of suicides, and 80% of fire and drowning accidents.
The suicide rate of alcoholics is 30 times that of the general population. (AFA journal - 1/90)
One baby with Fetal Alcohol Syndrome will cost $405,000 in direct special services from birth to 65 years. (San Diego
County Dept. of Health Services)
Is it worth it?
New and more damaging effect of alcohol are continued to be found:
http://www.niaaa.nih.gov/news-events/news-releases/study-defines-brain-and-behavioral-effects-teen-binge-drinking
National Institute on Alcohol Abuse
and Alcoholism (NIAAA)
http://www.niaaa.nih.gov
For Immediate Release - Thursday, April 2, 2015Study defines brain and behavioral effects of teen
binge drinking NIH-funded findings also point to possible treatments for harmful effects of
adolescent alcohol exposure Adolescent binge drinking can disrupt gene regulation and brain development
in ways that promote anxiety and excessive drinking behaviors that can persist into adulthood, according
to a new study supported by the National Institute on Alcohol Abuse and Alcoholism (NIAAA), part of the National Institutes
of Health. A report of the study, conducted in animals by researchers at the University of Illinois at Chicago College of
Medicine, appears online in the journal Neurobiology of Disease.
“These findings are an important contribution to our understanding of the alcohol-induced brain changes that make
alcohol problems in adulthood more likely among young people who abuse alcohol,” said NIAAA
Director George F. Koob, Ph.D.
d. Conclusion
Human costs, is it worth it?
Plymouth, England.
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The Streets of Plymouth
where the Pilgrim Fathers
last walked before their
journey to America……
Kim and Ying Ng
Discussion:
Mayor Woodland asked for a motion.
Council Member Merrill moved to consider BILL 1128 approved and third read; Council Member
Wolfe seconded the motion; Mayor Woodland asked for a vote:
Council Member Mann commented that he recognizes that there are different opinions. He
respects everyone on the council no matter how they vote.
Council Member Wolfe appreciates Council Member Mann’s comments. He wants everyone to
know that he has thought long and hard about this issue. He has talked to a lot of people. He feels
like the arguments against it don’t apply to this ordinance. He doesn’t think allowing one more day
of sale in the city is going to affect the arguments. It’s wrong to tell one business they can and the
others they can’t. It’s not his position to tell everyone that they have to live the way he personally
believes.
Council Member Smith has seen a lot of correspondence and had several calls. She thanked all
those who have commented. They really do take those comments into consideration.
Council Member Busby has also had many comments. He said that we spend millions of dollars
and he has never had anyone come up to him and tell him he is spending too much money, but he
has had that this time with people saying you better or better not. He appreciates the community
input.
Council Member Wolfe also said that he feels that he is representing the majority of the people.
He only had one person say that it shouldn’t pass.
Those voting aye Those voting nay
Council Member Smith Council Member Mann
Council Member Benfield Council Member Busby
Council Member Wolfe
Council Member Merrill
The motion carried
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2. BILL 1129 repealing Ordinance 717 (Flood Plain)
Discussion:
Mayor Woodland asked for a motion.
Council Member Smith moved to consider BILL 1129 approved and third read; Council
Member Merrill seconded the motion; Mayor Woodland asked for a vote.
Those voting aye Those voting nay
Council Member Smith None
Council Member Benfield
Council Member Wolfe
Council Member Busby
Council Member Mann
Council Member Merrill
The motion carried
3. BILL 1130 Rezone 1st North (specified area) – from Low Density Residential 2 (LDR2) to
Mixed Use 2 (MU2).
Mayor Woodland asked for a motion.
Council Member Mann moved to consider BILL 1130 approved and third read; Council
Member Smith seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Benfield
Council Member Wolfe
Council Member Busby
Council Member Mann
Council Member Merrill
The motion carried
Mayor’s Business:
A. Replace Marsha Bjornn on the Urban Renewal Agency.
Discussion:
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Council Member Mann moved to ratify the nomination of Richard Smith to replace Marcia
Bjornn on the Urban Renewal Agency. Council Member Merrill seconded the motion. Mayor
Woodland asked for a vote.
Those voting aye Those voting nay
Council Member Smith None
Council Member Benfield
Council Member Wolfe
Council Member Busby
Council Member Mann
Council Member Merrill
The motion carried
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 April 01, 2015 meeting
B. Approve the City of Rexburg Bills
Council Member Busby asked for a correction to the last minutes. He clarified that he did not
agree to pay for the benefit race for OUR. He is simply allowing for the fees to be waved and we
are not assuming responsibility for that.
Council Member Busby moved to approve the Consent Calendar and pay the bills; Council
Member Benfield seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Smith None
Council Member Wolfe
Council Member Benfield
Council Member Mann
Council Member Merrill
Council Member Busby
The motion carried
Discussion on the Idaho Falls magazines. Council Member Benfield explained that they would like
us to put ads in it. It is mostly ads that tell about different things.
Adjourned at 9:22 P.M.
APPROVED:
_______________________________
Richard S. Woodland, Mayor
Attest:
_______________________________
Mary Flanary, Deputy City Clerk