HomeMy WebLinkAboutCouncil Minutes - April 18, 2018
Mayor Jerry Merrill
Council Members:
Christopher Mann Jordan Busby
Mikel Walker Tisha Flora
Brad Wolfe Sally Smith
City Staff:
Stephen Zollinger – City Attorney
Matt Nielson – Finance Officer
Keith Davidson – Public Works Director
Val Christensen – Community Development Director
Scott Johnson – Economic Development Director
Deborah Lovejoy – City Clerk
6:30 P.M. City Hall
Harrison Smith said the prayer
Jonas Thompson led the pledge
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Mann, Council Member Wolfe, Council Member Busby, Council Member Walker, Council President Smith 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 referenced the third reading of Ordinance 1177 which is on the agenda. Mr. Oakey thanked Council Member Flora for her diligence in trying to find some compromise with the
short-term rental issue. He said he has emails between Council Member Flora and Representative Ron Nate regarding short-term rentals. There is also an email from Idaho State Attorney
General, Brian Kane regarding House Bill 452. The Bill has been passed and signed. He thanked Representative Nate for instructing us here in Rexburg on the meaning of the word “throughout”.
If we look in the Oxford Dictionary the word throughout does actually mean everywhere. They have had to wrangle with a simple word or two in the original house bill in regards to short-term
rentals.
Mr. Oakey read from one of the paragraphs in the email Attorney General Brian Kane sent to Council Member Flora. “In summary, the legislature appears to have wholly occupied the short-term
rental space for purposes of local regulation. Cities and Counties may regulate with regard to public health, safety, and welfare, and subject short-term rentals to zoning regulations
applicable to all residential land uses. But a city or county cannot enact an ordinance that expressly or as applied would prohibit a resident from offering a short-term rental. Based
on the clear prohibition within the text of the statute- the answer is that yes cities and counties are prohibited from prohibiting short-term rentals”.
Mr. Oakey said when Ordinance 1177 is up for discussion and voting later this evening, he suspects we will see a unanimous vote in the affirmative. To vote otherwise is to vote against
fairness; it is to vote against the taskforce the City Council established under the conduct of Planning and Zoning Commissioner Rory Kunz. A negative vote would also be a negative
vote against Idaho State Law.
Presentations:
Tim Solomon with Rocky Mountain Power – Transmission Project Overview
Mr. Solomon said he is the Regional Business Manager for Rocky Mountain Power. He is pleased to announce that due to the growth in Madison County and Rexburg, Rocky Mountain Power is
constructing a brand new transmission line from the Goshen sub-station near Firth to the Rexburg sub-station. Currently there are two 69,000 volt lines coming into Rexburg and that
is all Rexburg has for capacity. They are going to change one of those two 69,000 volt lines into a 161,000 volt line. It will be a substantial increase in capacity. There is growth
going on all around these two sub-stations. Rocky Mountain Power is mindful of this growth. They want to make sure they are prepared with enough power to service current and future
growth. The new development will be able to tap into the increased capacity volt lines for power.
Mr. Solomon said he remembers attending a Planning and Zoning meeting in Rexburg where they discussed changing the zoning near the Rexburg sub-station. In that meeting he mentioned the
possibility of expanding the sub-station and to make sure not to cause strain by changing the zone. He expressed his appreciation to the city for not causing the strain of expanding
the sub-station because they will need to expand it for the new transmission line.
Mr. Solomon reviewed the footprint from the Goshen sub-station to the Rexburg sub-station on a Google Earth Map on the overhead screen. They are going to be following the existing 69,000
volt line and building a completely new line by replacing all of the materials used to build a line. They will start building the new line from Rigby to Rexburg first. The Rexburg sub-station
is located on 2nd North. He has met with the city to identify how much power is needed for future growth in Rexburg. The new power poles that will be used to build the line are longer
in height and wider in diameter.
Council Member Busby asked if the new power poles will be metal or wooden poles. Mr. Solomon replied they will use a combination of both metal and wooden poles. The wooden poles are
less expensive and more readily available. Mr. Solomon reviewed a map of where the existing volt line runs through Rexburg. They are going to use the existing volt line route through
Rexburg and not build a new route.
Mayor Merrill asked Mr. Solomon if he has met with the rail road to see if they can move some of the existing poles away from the road along the Yellowstone Highway. Mr. Solomon indicated
they are still discussing the situation with the rail road. Mr. Solomon explained the rail road has a 50 foot right of way from the center of the track. They will work with the rail
road to see if they can get at least five feet into the rail road easement to place the power poles further away from the street. The further away the power poles are from the street
the safer it is for traffic, snowplows, etc.
Council Member Busby asked Mr. Solomon if he is aware that 5th West will be under construction this summer. Mr. Solomon replied he is aware of the construction going on in the city.
There has been discussion with city staff on how to properly handle the construction situation so that they aren’t in the city’s way.
Mr. Solomon indicated Rexburg will need this new increased power line to accommodate future growth. They will need to expand the Rexburg sub-station to accommodate a 161KV transformer.
He asked for city staff support to help them with coordinating the replacing of volt line. Council Member Mann asked how much higher the new poles will be than the existing poles. The
poles will be 20 to 40 feet higher than the existing poles and two to four feet larger in diameter.
Council President Smith asked if the Rexburg sub-station will be expanded. Mr. Solomon said they are going to expand the sub-station to accommodate the additional equipment required
for a 161,000 volt line. He mentioned some of the additional equipment needed such as a control house and conductors. They are not going to expand the property line of the sub-station;
however, they are going to fill the sub-station with the equipment needed for the increased volt line.
Council Member Wolfe asked for clarification on the amount of voltage the new line will carry compared to the old line. Mr. Solomon said there are currently two 69,000 volt lines. They
are going
to keep one of the 69,000 volt lines and rebuilding a new 161,000 volt line. The capacity and reliability will increase substantially.
Council Member Mann asked if the city is going to see any interruption of services while the line is being rebuilt. Mr. Rick Lungman the project manager for Rocky Mountain Power explained
they will start building the line in the non-irrigation season which ends in September and starts up again in May. The plan is to keep the line intact until September. There will be
one line that will be out of service for a while; however, it shouldn’t change the reliability of the remaining power line during construction.
Mr. Lungman said they will start the construction of the new volt line from Rigby to Rexburg this coming August. The Rexburg sub-station construction will begin in 2019 with plans to
have it complete in December of 2019. Mr. Solomon said they will need to wait on the construction of the line until the farmers stop irrigating due to the amount of power their pumps
use when irrigating.
Committee Liaison Assignments for 2018:
Council Member Mann: Golf Board · Emergency Services Board · Development Workshop
Council Member Mann reported the Golf Board met at the end of March. The Golf Board Members toured the facilities at Teton Lakes. They also looked at the equipment and discussed the
lawn care at the golf course. Emergency Services Board met, they are busy with responding to calls. They had two ambulances out on calls the day he was there meeting with them.
Council Member Mann reported the Development Workshop continues to do great work on providing employment opportunities for their clients.
Council Member Busby: · Airport Board · Traffic & Safety · GIS Oversight
Council Member Busby reported the Airport Board has met. The process of seeking to move the airport has been long and drawn out. The board continues to seek for opportunities to move
the airport. Hopefully next month, they will have more information to share of how the process is coming along.
Council Member Busby reported the Traffic and Safety Committee met on April 3rd. They have been discussing several items, one being the addition of a new committee member Shawn Fisher.
Council Member Busby moved to ratify Shawn Fisher as a member of the Traffic and Safety Committee; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Council Member Busby indicated the Traffic and Safety Committee is seeking for a traffic study to be completed on 2nd East where the traffic turns into Seasons Medical due to vehicles
backing up at that location. There is also a BYU-Idaho class performing a free study on how the city can improve the signage through the city.
C. Council Member Walker: MYAB· Parks & Recreation · Trails of Madison County
Council Member Walker reported MYAB met today to discuss Rexburg Days. They went out in groups to put up posters at different businesses to advertise the event. Mayor Merrill encouraged
the scouts attending the council meeting to participate in the Rexburg Days Event. They will be planting flowers along Main Street and Center Street. The first 100 participants receive
a free t-shirt. Mayor Merrill said it’s a good service opportunity. Council Member Walker said the MYAB designed the logo on the t-shirts.
Council Member Walker reported there was a parks plan presentation that was presented to City Council last week. The finalized parks plan will be presented to Planning and Zoning in
May and then before City Council to possibly adopt the plan. The Trails of Madison County did not meet.
Mayor Merrill mentioned the Trails of Madison County is looking for committee members to participate in the parks and trails plan.
D. Council President Smith: Legacy Flight Museum · Beautification Committee · M.E.P.I.
Council President Smith reported the Legacy Flight Museum will be meeting Friday morning to discuss the airshow on June 16th. M.E.P.I. met to discuss the business competition on May
17th.
Council Member Busby asked if there will be a breakfast provided at the airshow. Council President Smith said the breakfast will be next year.
E. Council Member Flora: School Board · Rexburg Arts Council/ Museum of Rexburg
Council Member Flora reported the School Board met to discuss preparation for the last month of school. The Museum of Rexburg was closed; however, it has reopened with new fixtures for
their brand new gift shop. They will be selling Idaho souvenirs at the gift shop. The museum has also started a new outreach program with local schools. Teachers can request artifacts
on certain topics. A museum employee will then go to the school to give a 20 minute presentation on the topic or artifact requested by the teacher. Alisha Tietjen a museum employee
will be promoted to Assistant Curator. The museum is coming along and she encouraged everyone to go visit the museum to see the improvements that have taken place there.
Council Member Flora reported the Teton Story Telling Festival is coming along well. They have signed contracts from all of the story tellers. There will be six national story tellers
and two regional story tellers coming to the festival in August.
Council Member Flora reported the Women’s Choir and Tabernacle Orchestra will both be having concerts in May at the Tabernacle. The Arts Council is also starting something fun and new
at the Romance Theater. On June 9th, they will be holding auditions for local bands and artists for an event called The Venues Presents Series where they will showcase all of our local
bands and artists through the months of September to May.
Council Member Busby informed City Council that some of them may be asked to attend Madison High School’s graduation on May 25th. There is also a joint meeting on April 26th with the
Madison School Board, County Commissioners and City Council Members at 10:00 a.m. at the School Board’s office.
F. Council Member Wolfe: Planning & Zoning · Urban Renewal Agency · Police
Council Member Wolfe reported Planning and Zoning did not meet, they will meet tomorrow. Urban Renewal Agency met to discuss the 2017 budget. He was able to attend the Police Department’s
staff meeting. They received a grant from Home Land Security. The grant will help fund the purchase of computers and cameras for some of their operations. The Firearms Training Center
is coming along and will be completed soon. He said the Police Department is concerned about our school’s safety. They spend a lot of time and energy keeping them safe. They attended
a training program on school evacuations and active shooter training to be prepared if anything should happen.
Staff Reports:
Finance – Matt Nielson
Review Monthly Financial Reports.
Chief Finance Officer Nielson reviewed the Dashboard Report for fiscal year 2018. The city is investing about 25 million dollars. He said the reserves are increasing; however, last year
the capital reserves decreased substantial because of the water and sewer project. The Operating Expenses look normal. The Recreation and Street funds tend to have a slow start; however,
they will increase in the summer. In the Operating Revenues the Water fund isn’t high at 38% the usage will increase in the summer. The Building Permits are high at 66% in revenues.
Chief Finance Officer Nielson said the city has almost collected more revenues in the first six months of this year than what was collected in all of fiscal year 2017.
Chief Finance Nielson reviewed the Community Growth Chart. He said most of the city’s growth is in Multi-Family Housing with very little Single Family and Commercial development. He
reviewed the Inflation Chart with the Consumer Price Index.
Chief Finance Officer Nielson reviewed the Major and Minor Construction Projects. The chart indicates the cost of the projects. Some of the project will not begin until 2019 and the
Minor Consturction projects the city hopes to complete Local Improvement District 47 soon. The 5th West project will begin soon. He said the constuction on the Romance Theater will
start in 2019; however, they are looking at purchasing chairs and windows this year.
Council Member Busby asked if Romance Theater is going to be closed during the summer for construction. Council Member Flora said she is unawear of the theater being closed for the summer.
They try not to hold many events there in the summer due to how hot the inside of the building becomes.
Chief Finance Officer Nielson reviewed the Treasurer’s Expenditure Report. The Airport Reserves Fund will have about $700,000.00 by the end of fiscal year 2018. The Arts Promulgation
Fund has a health cash balance. There is a large deficit in the Fire Operations Fund; the city has submitted a funds request to the Fire District. The city should be receiving about
$600.000 from the Fire District for the Fire Operations Fund. The Sanitation Operations Reserves Fund has about one million dollars some of these funds will be used to purchase two
new sanitation trucks. He reviewed the amount of funds available in the Street, Sewer and Water Funds.
Chief Finance Officer Nielson reviewed the Budget Summary Reports. The City has spent 26% of the budget.
Mayor Merrill explained the budget process. The funds collected from impact fees are spent on the needs they were collected for. They can’t be spent on other items by law.
Chief Finance Officer Nielson reviewed the Department Budget Meeting Schedule.
Department Budget Meetings Schedule
Council Member Flora and Council Member Mann will not be able to attend the June 6th City Council meeting.
Police Vehicle Lease Option
Chief Finance Officer Nielson reviewed the reasons to lease police vehicles vs purchasing them. He also reviewed the recommended lease options.
Council President Smith asked if the leasing of police vehicles is common with other cities. Police Chief Turman explained in the State of Idaho there are about 20 government agencies
that lease police vehicles. The State of Utah has 30 agencies, Wyoming and Nevada has some too. They all us Bancorp. Bancorp is a national bank and not a car dealership.
Council Member Walker questioned the number of vehicles that will be leased this year. Chief Finance Officer Nielson said it’s six new vehicles and three already purchased making it
a total of nine vehicles.
Council Member Mann moved to approve to start 2018 lease program for police vehicles including:
Lessor will refund purchase of 3 vehicles we already purchased for $135,000 and move those to lease program
Approval to lease 9 vehicles in 2018 at a cost of $95,000 in year 1
Approval to sign a Municipal Master Lease Agreement with Bancorp (compared 2 companies)
Preferred open ended lease over closed ended lease
Bancorp provided:
Lower annual lease costs ($47,000 less/year fleet wide)
No penalty for mileage overages (.18 cents/mile w/other lessor)
No additional fees ($250/vehicle w/other Lessor)
A history of selling vehicles at or higher than stated residuals.
Council Member Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Public Works and Engineering: - Keith Davidson
1. Water Storage Tank Bids
Public Works Director Davidson reviewed the Bid Evaluation for the Water Storage Tank.
Council President Smith asked where the water tank will be located. Public Works Director Davidson said it will located at the new water well in Burton.
Council Member Flora asked if there was an issue with the design Dome Technology presented to city staff. Public Works Director Davidson said in order to review Dome Technologies design
the city would have to start the bid process over again.
Council Member Busby moved to approve the Rexburg Water Storage Tank Bid to Skaar Construction Inc.; Council Member Walker seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Public Works Director Davidson reported DL Beck has started on the restroom facilities at Evergreen Park. The painting of the water tank is almost complete and will be back on-line.
Mayor Merrill asked how long the curing time will take. Public Works Director Davidson said it should be dried by Tuesday.
Council President Smith asked about the traffic issue on S 2nd W. She said the traffic backs up on to the street from the drive-thru at the Soda Vive Shop. Police Chief Turman replied
there haven’t been any traffic accidents that he is aware of so far. Council President Smith said the city shouldn’t allow a drive-thru so close to the main road.
Council Member Busby asked if there is legal ramification for Soda Vine to have a drive thru that causes traffic issues. City Attorney Zollinger is unaware of any at this time. The city
should set up a meeting to discuss the issue with the Soda Vine Shop owner.
Council Member Flora asked about the left hand turn near the intersection of 12th and Main Street near the Valley Wide Coop. She said the semi-trailers almost hit the vehicles in the
left turn lane. Public Works Director Davidson said he will contact the Idaho Transportation Department regarding the issue.
Council Member Flora asked if HK Contractors Inc. has signed the contract for Park Street Park. Public Works Director Davidson replied his unsure if the contract has been signed; however,
HK prefers to wait until May to start the work on the park. They want to make sure the ground is dry enough to minimize any ruts. He said the slide and swing set have been sold.
Mayor’s Report:
Mayor Merrill reported on the CGI Communications Company. They make videos for cities and businesses to advertise. The City of Idaho Falls has used CGI and their video is on their website.
CGI makes the video free for the city and receives payment by signing up businesses to advertise on the video made for that city. The way the advertisement works is the business’s logo
is shown on the video; people can then click on the business’s logo to watch a video advertisement for that business. There have been concerns brought up by some of the business owners
regarding CGI. CGI’s representative covers a lot of material when contacting businesses to sign up and that causes misunderstandings. He said he has visited with the business owners
to explain the process and has cleared up the misunderstanding.
Mayor Merrill mentioned before signing up with CGI, he contacted the City of Idaho Falls, the City of Burley and the businesses that advertise with CGI. They all expressed good positive
feelings about CGI and were pleased with their professionalism and the results they have received from advertising with CGI.
Council Member Busby asked Mayor Merrill if he believes she will have enough businesses signing up to cover the cost of the video. Mayor Merrill replied yes, there are several businesses
already signed up for the advertisement.
Mayor Merrill reported they are still working on the downtown redevelopment project. They have been meeting with property owners. City employee Daniel Torres will be the city’s grant
coordinator.
Mayor Merrill reported on EICAP (Eastern Idaho Community Action Partnership). EICAP’s mission is to try to raise people out of the cycle of property. They help train people to obtain
better jobs. They run the Head Start Program to help children move ahead in their schooling. He mentioned one of President Trump’s request was to have all federal government agencies
be measured on their effectiveness and where possible to merge agencies to save money. On the EICAP Board they are evaluating all of their processes to be more effective in their responsibilities
and use their tax money more wisely. He mentioned EICAP owns several low income apartment complexes in Southeast Idaho. EICAP also operates The Haven in Idaho Falls. The Haven is a
homeless shelter for battered women and families. The funding for the shelter is operated with donations and grants. The Family Crisis Center in Rexburg is operated by EICAP as well.
Mayor Merrill reported city staff has been meeting with property owners neighboring a property that has been annexed into the city. The city met with the owners to inform them of the
ramifications of annexation. All most of them have been agreeable even though they don’t agree with everything that comes with being annexed into the city.
Mayor Merrill said he going to Boise to meet with the Blue Cross Foundation about the high five grant.
Public Hearings: – NONE
Items for Consideration:
Resolution 2018–06 To support raising the minimum age to buy tobacco products from 18 to
21.
RESOLUTION FOR RAISING THE MINIMUM AGE TO BUY TOBACCO PRODUCTS FROM 18 TO 21
Resolution 2018 – 06
WHEREAS: Tobacco remains the leading cause of preventable disease and premature death in the U.S.; and
WHEREAS: Each year approximately 1,800 Idahoans die from tobacco use and 1,100 Idaho youth become new regular, daily smokers, of whom one-third will die prematurely because of this addiction;
and
WHEREAS: 95% of current adult smokers began using tobacco before age 21, and the ages of 18 to 21 are a critical period when many experimental smokers transition to regular, daily use;
and
WHEREAS: Raising the age of sale will help keep tobacco out of high schools, where younger teens often obtain tobacco products from 18-year-olds; and
WHEREAS: Currently more than 220 cities in 16 states, and the States of Hawaii, California, New Jersey, Massachusetts and Oregon have already raised the minimum age of legal access to
tobacco products; and
WHEREAS: Tobacco related health costs in Idaho total more than $508 million per year, including more than $100.5 million in state and federal Medicaid expenditures; and
WHEREAS: Despite legal settlements and laws, the tobacco companies still spend $9.6 billion per year to market their product, targeting kids and young adults because they know before
age 21 is when most users become addicted; and
WHEREAS: The Mayor and City Council of the City of Rexburg cares about the health and well-being of their community and especially their youth; and
WHEREAS: The Mayor and City Council of the City of Rexburg strongly encourages all Idaho cities and counties to enact a similar resolution in favor of Tobacco 21 to send a clear message
to our state legislators.
NOW THEREFORE, BE IT RESOLVED: That the Mayor and City Council of the City of Rexburg endorses raising the minimum age of legal access to tobacco products,
E-cigarettes, and liquid nicotine products to 21 years of age and encourages our Idaho State Legislators to pass a Tobacco 21 Ordinance for the entire state of Idaho.
RESOLVED this 18th day of April, 2018; by the City Council, City of Rexburg, Idaho.
________________________________
SIGNED BY: Jerry Merrill, Mayor
________________________________
ATTEST: Deborah Lovejoy, City Clerk
Council President Smith moved to approve Resolution 2018 – 06 raising the minimum age to buy tobacco products from 18 to 21; Council Member Flora seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Calendared Bills and Tabled Items:
“LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing Procedure (Recommend Suspension of the Rules): NONE
Second Reading: Those items which have been first read: NONE
Third Reading: Those items which have been second read: Ordinance 1177 – Amending the Development code for Short-term Rentals, Bed and Breakfast Inns, and Boarding Houses.
Council President Smith asked City Attorney Zollinger if the city’s current ordinance is in compliance with state law. City Attorney Zollinger indicated the current ordinance is in compliance
with the state statute until July 1st when the statute takes effect. Council President Smith asked what the difference is between the state statute and the city’s current ordinance
because the city isn’t prohibiting short-term rentals in the city.
City Attorney Zollinger clarified the wording “in the” and “throughout” changed the dynamic enough that the current city ordinance would need to be amended. Council President Smith questioned
what would the amendment be? He said Ordinance 1177 would be the amendment with restrictions; however, not prohibiting short-term rentals.
Council President Smith questioned how the city is going to enforce the rules and regulations outlined in City Ordinance 1177. City Attorney Zollinger explained a full-time person could
be hired to monitor and respond to complaints about a short-term rental. She said one of the main concerns regarding short-term rentals is that there are already residents violating
the existing ordinance. City Attorney Zollinger indicated the city may see people being more compliant by obtaining a business registration for their short-term rental business. Mayor
Merrill mentioned several people have already tried to comply with the ordinance; however, have been turned away because it hasn’t passed.
City Attorney Zollinger said the city doesn’t have the man power or resources to conduct the necessary inspections to make sure people are maintaining their short-term rental business.
Hotels for example are inspected by the fire inspector and other life safety inspections.
Council President Smith asked if the city could be held liable for any short-term rental not maintaining the life safety inspections. City Attorney Zollinger replied in deference to
the efforts of Representative Ron Nate, in light of the newly passed language it is less likely the City would be able to defend the current status, so he thought the change that is
in the new version of the City Ordinance is appropriate. The likelihood of defending our City Ordinance if we don’t change it has gone from good to not so good.
Council Member Busby indicated Ordinance 1177 has the mechanisms to enforce any complaints that may arise. He hopes the residents that will be operating a short-term rental will be law
abiding business owners and help police each other. He thanked the Short-Term Rental Committee Members who put time and effort in coming up with a solution to regulate short-term rentals.
Mayor Merrill said he has been an advocate for what the Short-Term Rental Committee has created; it is a common sense ordinance that gives protection to the people living in low density
neighborhoods by having an accountability clause. He thanked Council Member Flora, Council
Member Wolfe and the other committee members that worked hard on coming up with a good solid solution to allow short-term rentals in Low Density Residential Zones.
Council Member Mann said he believes in zoning and the neighborhood concept that it can be preserved by zoning. He questioned what about the rights of the people who bought into a neighborhood
because they knew the zone was protected and now we just changed the allowable uses all across Rexburg. He believes in local control and is strongly against Boise telling Rexburg what
we can and cannot do. He said he has been taken back by Legislators who strongly profess their belief in local control and then take away a cities local control over its neighborhoods.
He fears the unintended consequences such as; he has already heard of homes being turned into duplexes then renting out to singles, a married couple, sometimes as many as three married
couples in a home, and other non-allowed housing in our low density zones. They are under the disguise of short-term rentals where all of these types of housing arrangements would be
allowed. He is also concerned about the long term consequences, where the only areas of town that are not subjected to short-term rentals are new gated communities where strict Home
Owners Associations are applied. He believes a family friendly neighborhood should be available to all and not just the very few.
Council Member Mann continued to point out the long term consequences such as; the cost of enforcement. He questioned where does it stop? The city already has a housing crunch, high
cost of workforce housing, and other issues. The ordinance the city currently has in place does allow short-term rentals in Rexburg. He believes that it should remain in place as it
is now.
Council Member Flora shared an experience she has had with her children; whenever she has a disagreement or a different opinion with her children. They come up with a myriad of ways
of letting her know she isn’t listening to them, or that she doesn’t understand them, or that the next door neighbor mother has corrupted her opinion and view. In essence what her children
are saying is that she isn’t listening, she isn’t smart enough to see their point, or maybe that she has been corrupted in some way. She explained sometimes we utilize this same type
of thoughts against each other, against our government leaders, and against our neighbors.
Council Member Flora explained all of the City Council Members have the same objective to do a good job even with their differences of opinion. It doesn’t mean that they don’t listen,
or they aren’t trying their best, or they aren’t educated, or even corrupt. What it means is that they have a difference of opinion and it is that simple. She said she recently met
with City Attorney Zollinger and he mentioned to her that “you can’t always take what someone says as truth because when you have an opinion of something you try to find the information
to back up your opinion”. At that time he advised her to take a step back and find out the truth instead of going with the information that favors the opinion you prefer.
Council Member Flora continued to explain that was the reason why she reached out to the legislators and that is why she asked Representative Nate to obtain the opinion from Attorney
General Brian Kane. She reached out to other cities, she read through the laws and the Idaho Constitution. She also read and listened to City Council meeting minutes dating back to
2016. She said she has worked really hard to try to understand the different points of view even the point of view of preemption. She respects the preemption point of view.
Council Member Flora indicated she went to the National League of Cities web-site and printed their recent document regarding preemption. She read a paragraph from that document.
The rise of preemptive legislation suggests that state governments are concerned about increased local autonomy and the patchwork of regulations that may exist within the state. As a
result, a pro-preemption narrative is emerging in an attempt to put cities in their place. State leagues can take an active role in combating this narrative. For example, the North
Carolina League
of Municipalities is reshaping the narrative away from “cities are out of control” to “cities help the state.” The league takes the approach of avoiding politics in favor of an economic
argument. They frame preemption as obstructing cities from being the best drivers of development that they can be. She said the only time we should be discussing the narrative about
not preempting a local authority is if it actually is in favor of economic argument that we should not discuss preemption with that in mind. In the document they applauded the State
of Colorado for preempting all of their cities to allow home sharing and auto sharing. They applauded those efforts because it increased the economic development in the state.
Council Member Flora quoted the following from Attorney General Brian Kane’s email “the answers are cities and counties are prohibited from prohibiting short-term rentals”. She said
if City Council doesn’t pass this ordinance it is legal for every resident to operate a short-term rental. Also,
if the ordinance is not passed the residents would be able to have a short-term rental without regulations.
Council Member Flora said she was on the Short-Term Rental Committee that committee created the ordinance. City Ordinance 1177 is prohibitive and the reason why it is prohibitive is
because the committee was trying to reach a compromise between those in favor and those oppose to short-term rentals in the Low Density Residential One Zone. She indicated she prefers
the ordinance to be less prohibitive because short-term rentals have been operating in the city for four years with only one major problem and some minor problems. She believes just
because the state preempted the city, the city should not be preempting its citizens for doing something that is legal.
Council President Smith explained she too read the National League of Cities document on preemption. She said it goes along with Council Member Flora’s comments on how people look for
things to support their own point of view. She read something in the preemption document that supports her point of view. She mentioned when Council Member Flora brought up the economic
factor of the preemption document. When Representative Nate brought House Bill 452 forward again, there is the bill text and reasoning for the bill that section has a comparison of
how much revenue short-term rentals would bring into the state. She said one thing that concerns her about that is in the bill the Legislature has written; they’ve called short-term
rentals a residential use. She doesn’t understand why short-term rentals are being called a “residential use” when it’s a business and they are going to be taxed as a business that
will help with state revenues. She questioned the reasoning for allowing short-term rentals; are we allowing them because it’s a good thing for our communities? Or are we allowing them
because it’s a great economic factor for the state? There is a reason why Representative Nate had the comparison of how much money short-term rentals would bring into the state. She
said Idaho will be the fourth in the country to have state control of house sharing.
Council Member Wolfe said for him personally he would not pass Ordinance 1177 and go with what the state has written; however, there was an issue and a committee was formed to create
a solution. There were citizens that were against any type of home sharing. The committee members tried to create a compromise between those in favor and those oppose to short-term
rentals. He said this ordinance is a compromise both parties created. To him the ordinance is a consensus of the community.
Council Member Walker mentioned he respects the Short-term Rental Committee efforts. The ordinance was tabled to wait for the state to change the wording of the statute to make clearer
where short-term rentals would be allowed. He is in favor of City Ordinance 1177.
Council Member Busby asked City Attorney Zollinger if City Ordinance 1177 is passed; what is going to stop the citizens from saying we aren’t going to follow the ordinance we are going
to follow what the state statute says. City Attorney Zollinger explained the city has been a long standing city of rules and regulations through planning and zoning. If the city doesn’t
pass this ordinance, the city’s current planning and zoning ordinance would only be invalidated as it relates to the zone restriction of not allowing short-term rentals in Low Density
Residential One Zones. All of the other rules and regulations would still apply. The committee took what saw as inevitability of short-term rentals being allowed everywhere in the city.
They applied restrictions that they thought were reasonable and responsible for managing short-term rentals. The state did not say to cities such as Rexburg, you have to walk away and
allow short-term rentals. The state said short-term rentals as a residential activity shall not be prohibited in the city.
Council Member Wolfe said he is not opposed to short-term rentals. He believes the citizens of this community would like to have this ordinance in place. Council Member Busby said if
problems should arise with short-term rentals this ordinance could be revisited.
Mayor Merrill commented that his vision for Rexburg may be different than other people’s vision. He doesn’t believe that because there are rentals in a neighborhood that it isn’t a
family friendly neighborhood. He tends to think is someone pulls into his neighbors drive way with out of state license plates, he would greet them and may invite them to lunch. He
said as far as preemption, he believes as a city we were preempting our citizens and that is why the state needed to step in.
Mayor Merrill addressed Council Member Mann’s comment regarding two to three couples living in one house. He believes that would be considered a long term lease and if people know about
this type of situation it should be reported.
Mayor Merrill said he is in favor of short-term rentals because he has talked to several people that have had to stay as for south as Pocatello because all of the rooms at the hotels
and motels were booked.
Council Member Flora moved to approve Ordinance 1177 – Amending the Development code for Short-Term Rentals, Bed and Breakfast Inns, and Boarding Houses; Council Member Walker seconded
the motion; Mayor Merrill asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora Council Member Mann
Council Member Wolfe Council Member Busby
Council Member Walker Council President Smith
Mayor Merrill broke the tie vote by voting aye to approve Ordinance 1177
The motion carried
Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table: NONE
Mayor’s Business:
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.
Minutes from April 4th and 11th, 2018 meeting
Approve the City of Rexburg Bills
Council Member Walker moved to approve the Consent Calendar containing the minutes and city bills; Council Member Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Adjournment 8:29 P.M.
APPROVED:
____________________________
Jerry Merrill, Mayor
Attest:
_______________________________ _____
Marianna Gonzalez, Deputy City Clerk