HomeMy WebLinkAboutCouncil Minutes - August 07, 2019_unbound__unbound
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
Scott Johnson – Economic Development Director
Deborah Lovejoy – City Clerk
5:00 P.M. City Council Parks Work Meeting
Assistant Economic Development Director Daniel Torres reviewed the Park Improvement Plan and the steps needed to complete the plan.
Council Member Flora mentioned the efforts made by Mr. Torres in cataloging all of the park amenities. The park trees were cataloged as well through a grant the city received.
Discussion regarding City Works Asset Management program, where the usability of the parks amenities and assets can be tracked. The program also has a feature where city residents can
report an issue in the city parks.
Assistant Economic Development Director Torres reviewed the Rexburg Parks Centennial Celebration timeline; in 2029 the city will be celebrating 100 years since Porter Park became Rexburg’s
first municipal park. The purpose of the Park Centennial Celebration is to preserve the park impact fees. The Park impact fees are tied to the level of service in the city parks. The
Parks Plan indicated a total of 80 acres of land is needed within the next 10 years and with the purchase of the Steiner and Barney Dairy properties, the number of acres needed, has
been fulfilled; however, there is the question of how the parks will be funded.
Assistant Economic Development Director Torres continued to review the Park Improvement Plan and the different funding sources such as grants, sponsors and donations for the new city
parks and the improvements for the existing parks.
2019 Season:
Season Start after first snowfall of 2019 and continue through late February or early March
Parks Centennial Celebration Plan
The Parks Centennial Plan seeks to:
Preserve Impact Fee funds (Rexburg funds the building of parks primarily through impact fees, which are dependent on the economy and market trends) for planned park additions. The Parks
Plan call for 2 additional Parks (2025 and 2029).
Identify priority project, and community responsive projects.
Coordinate funding and fund-raising efforts.
Reasons for this approach:
A Parks and a Trails Plans calls for 2 additional parks to be built to keep up with population growth, as well as several miles of trails
Public desire to improve parks (as expressed in the Park Plan)
The replacement of the trees at Porter Park
A proposal to look at a 10-year parks improvement plan in order to celebrate 100 years of park in Rexburg
Desired Outcomes:
Expansion and Improvement of park system
Awareness of existing park resources
Increased Utilization
Community Ownership
Fundraising opportunities/Partners
Community
Business Sponsors
Grants
Create meaningful partnerships with key community stakeholder institutions
Regional Trails System
Water/Flood (can we use parks as part of storm water mitigation?)
Parks Centennial Celebration Plan Process
Identify Parks
Look at park service radii to determine neighborhoods and demographics served (In progress) Types of Park and Users
Identify deficientness
Asset management software (Completed)
Identify new/replacement equipment and features
In progress
Propose a timeline for park improvements
Identify features that we would to add
Have a list for the parks committee
Parks Revitalization Campaign
Ask for memories and pictures from people in city parks
“Everyone has a favorite park or should. Mine is…”
“Favorite memories from a park…”
Establish a fund-raising program
Community crowd funding
Corporate/Institutional Funders
Grants
At the end of each year we will review, made adjustments and market the next year’s project(s)
2020 Projects
Replace or upgrade drinking fountains in parks
1 Park Street Park (new)
1 Porter Park (new)
2 Riverside Park (new)
Up to 5 Nature Park (replace)
Nature Park Playground Amenity addition
North Teton Trail
Funding:
Rexburg funds the building of parks primarily through impact fees, which are dependent on the economy.
Discussion regarding the removal and replacement of the trees at Porter Park. Council Member Flora stated the GoFundMe account for the purchase of the trees for Porter Park takes a percentage
of the funds donated. Assistant Economic Development Director Torres said the GoFundMe program takes about five percent of the proceeds; however, it’s the easiest way for the city to
collect donations from citizens and other donors. Council Member Flora said the Police Department has software the city would be able to use instead of the GoFundMe to be able to keep
more of the proceeds.
Assistant Economic Development Director Torres reviewed the possible plan for Barney Dairy Park. The costs to build out the park are estimated at about 2.7 million dollars. One of the
ideas is to build an access into the Teton River for people to be able use canoes to float the river. Mayor
Merrill said the river accesses could be installed before the park is built to allow people to start floating the river sooner.
Parks Director McInnes asked if there are any sections of the river where people would have to walk because of low water levels in the river. Mayor Merrill said no, they were able to
float the river all the way down to Eagle Park.
Assistant Economic Development Director Torres said moving forward every year the Parks Committee will have a plan and budget item for the city parks.
Council President Smith questioned how the different items will be funded; for example, the baseball quads and Dog Park. Assistant Economic Development Director Torres explained the
baseball quads are already in the budget. The planned improvements are not in the budget; however they will try to collect funds from the sources mentioned including Park Impact Fees
to fund the improvements. The amount they plan to budget is about $50,000 per year.
Discussion regarding a possible location for a dog park.
Mayor Merrill commended Assistant Economic Development Director Torres for the work he has completed on the City’s Park Plan and understands the importance of having a plan. He also
commended Parks Director McInnes for the work completed on Center Street the flowers and trees are healthy and beautiful. Mayor Merrill said the flowers on Main Street have grown and
the flower beds are full of flowers since Parks Director McInnes added fertilizer.
6:30 P.M. City Hall – Pledge to the Flag
Council Member Flora said the prayer.
Council President Smith led the pledge.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Walker, Council Member Wolfe, Council President Smith and Mayor Merrill.
Council Member Mann and Council Member Busby asked to be excused.
Public Comment: not scheduled on the agenda (limit 3 minutes); issues may be considered for discussion on a future agenda. Please keep comments on point and respectful.
Presentations:
Steve Oakey – Food Truck Regulations Response
Mr. Oakey stated he gave a copy of his response to Deputy City Clerk Marianna Gonzalez, the purpose of which is to make sure his comments are precise and clear. He asked City Council
if there is a rebuttal to his comments that he be present. He also asked a copy of his comments be handed out on August 21st at the City Council Work Meeting. Mr. Oakey read from a
typed copy of his response.
Food Truck regulations: a response
Steve Oakey
Aug 7, 2019
I appreciate the fact, that there is a forum for voices such as mine and that many who have preceded me, and many alive today, could not or cannot imagine the simple exercise of being
heard in public without fear. Ironically at the July 17th City Council meeting I had my wife record the discussion because I was attending a conference in Las Vegas discussing these
very issues: that is, what is the proper size and role of government and how does its role intersect with personal ownership and responsibility. The rationale of my response is that
what we lack is not more government intervention and regulation; rather what we lack is a simple understanding of government’s responsibility to its citizens. In so far as food trucks
or any other business, The City of Rexburg is responsible for governing the health, safety and threshold nuisances in its jurisdiction. That is all. To do otherwise is a distraction
and expense of valuable human capital. I ask the self – answering and rhetorical question; why is this our problem?
In making my argument I would like to start by getting two very relevant issues out of the way. First, it pains me to have to publicly oppose and call by name a person for whom I have
a great deal of respect. I have known Boyd Berry for many years as a friend and businessman and have judged him a genuine and trustful. I don’t doubt his earnestness, as he displayed
in the July 17th meeting, in trying to correct what he perceives as a harm to his business requiring government intervention. That being said, it comes to mind something the great economist
Milton Friedman observed, that businessmen are some of the worst capitalists. I have listened to the recording of the July 17th meeting several times in an effort to understand that
the core problem is and what form of intervention, if any, the City of Rexburg could take to correct. Therefore I will use Boyd’s specific observations and concerns as a template for
my response and will invoke his name throughout. Why might you ask, would I want to break with him and many others on this topic and potentially create friction in otherwise very congenial
relationships? Simply put, my system of values causes me to react when I see infractions of what, is for me, very basic and simple rules of a free society. Because, you see, we are
not simply talking about food trucks; we are talking about the power of government to compel the behavior of everyday people seeking consensual, voluntary and mutually beneficial associations.
The government coercion we are talking about on first view looks benign, small and corrective as thought a wise paternal guardian intervenes on behalf of innocent citizens who don’t
know what is best for them. The word we use for this benevolent coercion we call “regulation”, a messy, sticky word Boyd used several times, as in “some form of regulation”. When seemingly
small rules and regulations are implemented and distortive incentives, which then can have very bad outcomes. The original policy makers and politicians, who passed these laws and are
no longer around to take responsibility will say: “well, we didn’t intend for that bad outcome, we need to pass additional regulations to correct for bad outcomes of the other regulations.”
The second issue to get out of the way is this. In the academic literature there is a large body of work which finds that with the accumulation of government imposed regulation, wealth
is destroyed, human initiative diminishes, bureaucracies bloat, economies become inefficient and for purposes of this discussion, the under classes are road blocked from entering the
market. The most regulated cities in the country correlate with the highest housing costs, highest homelessness and highest levels of income disparity. To substantiate that claim, I
have a long list of articles, books and web sites for anyone interested. (YIMBY pic)
San Francisco has some of the highest housing costs and homeless problems in the country. Even, here, one of the most politically progressive, leftist, statist cities, a movement has
started to demand relaxing housing regulations so as to allow the market the ability to build more housing. You have heard of NIMBYism? Now meet YIMBYism.
Ludwig von Mises, one of the most brilliant and prolific economists of modern history said this about State intervention and regulation: “…almost every restrictive measure brings advantages
to a limited group of people while it affects adversely all others… The interventions, therefore, may be regarded as privileges, which are granted to some at the expense of others.”
Listening to the July 17th meeting Boyd pointed out some valuable facts about the mobile food business. It is more affordable for less affluent entrepreneurs to enter the market and
offer a wide variety of experimental products at lower prices to a very discerning consumer. This opportunity is classless and non- discriminatory as it ranges from the cheapest street
cart that you see regularly on the streets of Salt Lake City and elsewhere, to the fine culinary food trucks following public gatherings. Few if any of these risk-taking, hardworking
entrepreneurs could get a bank loan required for the multi-million dollar fast food facilities such as Dairy Queen. Therefore the simplicity of the food truck model, along with other
Sharing Economy examples such as Lending Club, Uber, Airbnb, and Kickstarter, allow novice entrepreneurs with little capital, easier entry into the market. Boyd mad mention that his
own kids shop at his next door competitor Karie Anne’s as do the many other discerning, self-serving customers lining up for a product that did not exist years ago. Is it possible that
the owners of Karie Anne’s can feel confident in their product to the degree that they would transition to a brick and mortar building , and that lending institutions would provide
the capital to do so? (Vintage Dairy Queen picture)
This picture is representative of the early Dairy Queen’s franchised out in the late 1950’s. The first Dairy Queen opened in 1940 at 501 N. Chicago St in Joliet, Illinois. From these
modest beginnings Dairy queen now numbers 5700 Locations and is owned by Warren Buffet’s Berkshire Hathaway Holdings. Does anyone besides me see the similarity between this picture
and existing mobile food trucks? Not only does it appear that there is no public restroom but no air conditioning, no indoor seating and given the weeds growing next to the Dairy Queen
sign, a slightly unkept exterior just as we see in many of Rexburg’s existing brick and mortar buildings.
The Dairy Queen truck parked in the front also suggests that these cool and tasty treats were being sold, in a new and innovative way, to the kiddies in surrounding neighborhoods, perhaps
being enticed via loud speaker, by the seductive sounds of children’s tunes, much to the competitive dismay of other existing ice cream stores. Boyd was concerned with “mobile food
vendors coming and going” and that he is “…basically opposed to the whole idea of having 4 or 5 mobile trucks” in close proximity to him. It seems to me that concern over your competitors
coming and going is misplaced as it only demonstrates your business model has proven to be successful to a consumer base that can count on your consistency, and give confidence that
your million-dollar investment was bringing a return. As for the dense proximity to such unstable competitors, this is also a misplaced concern. Traveling down State Street in Salt
Lake City, consumers are flooded with the choices of auto dealerships, periodically broken up by the many tattoo shops and concentration of restaurants. These auto dealerships rang
from the most expensively equipped with highly trained techs and sales people, fronting palatial show room floors, all the way down to Evans Used Car Sales in Murray with its 8x12 sales
shack. The question was asked: what do we want our town to look like aesthetically. The well-worn phrase, “beauty is in the eye of the beholder” applies well here as I have heard the
complaint from many people that we have too many fast food places in town and they all look the same. Some years ago while visiting Austin Texas, we ate at a bare bones Bar-B-Que shack
that somehow passed any existing food inspections and used as a menu, torn butcher paper and magic marker displaying the daily offerings to the eager customers lining up. The aesthetics
did not give confidence to the faint of heart. No air conditioning, no colorful vinyl flooring, no cartoon mascot. It was the finest Bar-B-Que I have ever tasted.
If we stand back and observe what is being asked for “some form of regulation”, we can only expect a Pandora’s box of other “concerned” business people who legitimately request similar
prohibitive regulations, “like they do in other towns”. Boyd did not mention the temporary Flower Patch business just to his south operated by Max Clements. Whereas this floral business
is not Boyd’s competition, given what the city is prepared to do, it would not be unreasonable for Bruce Sutherland to stand before the City Council and demand “some form of regulation”
against Max’s mobile green house. What are out of towners to think of a city that would allow such an unattractive structure, what with its exposed wood exterior and dirt floors? Likewise,
sitting in the parking lot of Wolf Lighting is Smart Cents Auto sales. Being the wise businessman that he is and trying to maximize his property value, I think it likely that Brad is
collecting rent from Alex Fernandez, who contractually benefits from this arrangement. I assume that Brad is paying his property taxes. But wouldn’t David Taylor or Woody Smith, who
have been many decades in business and have invested millions of dollars in their facilities, be within their rights to clamor for regulations? After all Alex’s sales office, is just
a shack, and in many peoples opinion, not a very nice shack. Wouldn’t Mayor Merrill also seek redress against the many lawn mower boys, who obviously have not been properly permitted
and licensed to handle dangerous yard equipment and lawn debris disposal? And because my critique is inclusive, wouldn’t councilman Busby and Madison School district be remiss if they
didn’t seek more regulation of home schoolers and private education providers? After all, it could be argued that government should have a monopoly on education because parents aren’t
union members, board certified or smart enough to choose for themselves who should educate their children. Like these other good folks, I include myself as a business owner who has
been put upon by competition and customer whims. There is nothing that these business people encounter that I have not myself experienced. If you grant to every disgruntled businessperson
their request for “some form of regulation”, wouldn’t I, along with dozens of others be within my right to do the same? I would then request that every car wash fund raiser be shut
down, for improper traffic movement and spilling contaminated runoff into the storm drain system as I would for every driveway washer, mobile car detailer or BYU-I student project that
was unlicensed and untrained for handling dangerous chemicals and cleaning procedures. Yet it was and is incumbent upon me to understand that customer expectations are unlimited and
a truly free market will weed out players who cannot provide those expectations and will continue “coming and going”.
As discouraging as it was to listen to Boyd’s request for more government intervention, it was more so to her city council members suggest that the city artificially control the supply
of food
trucks by divvying up permits or controlling the “appropriate” food truck location, thus giving preference to the early comers and barring the unlucky late entrepreneurs who didn’t win
the time lottery. The unspoken question is, who is to decide how many burger joints, gas stations, car dealers, doctors, lawyers, or food trucks there are except the self-serving consumer,
who votes every hour, every day with their dollars? Which wise city staff member is able to produce, without prejudice, the algorithm that will tell us that there are enough food trucks
in a complex market and that we have saturated Rexburg, based on our latest calculations of course? Or are we to just accept that one or two city council members “just don’t like food
trucks”? Is it the task of city council to instruct property owners that they are not capable of managing their own business associations with willing partners and customers? Are we
to expect policy makers, elected or not to tell us how best to pursue our happiness? Aren’t we to be guaranteed that the government will protect our right to pursue our own happiness
however we see fit? When we look around the room, we see a hand full of people who can make life altering decisions for many hundreds or even thousands of people who are not even here,
both producers and consumers who cannot voice their preference and don’t even now that they have been denied the right to try. And before we rush to form another committee or pass this
responsibility off to the city staff to instruct food establishments how to handle cups of ice water and privately provided restrooms, we should keep in mind that we already have mobile
food vendor regulations that by themselves are ludicrous and onerous. Ordinance 1029 requires mobile vendors to move every six months regardless if they have contracted with a private
property owner. This is why Javier at Tacos Tepito moves a hundred yards around the corner every six months and it is why in 2014, Julio Ortiz moved his Taco Izcalli from Rexburg to
Idaho Falls, successfully staying in the same spot, with the same beat up trailer on Broadway Ave. until this year when he moved into a vacant Java Express building on 17th street.
Ordinance 1029 only requires a simple word change to remedy this unfortunate injustice. There is a local urban story, the truth of which I cannot vouch for. In summary the story goes,
that the developers of East Idaho’s first mall, The Country Club Mall located in Idaho Falls, first approached the City of Rexburg to locate the mall. The wise city fathers of the time,
in an effort to protect existing Rexburg businesses turned down the proposal. Today, Idaho Falls in the commercial hub of eastern Idaho and none of the businesses Rexburg’s elite sought
to protect exist.
(John Stossel pic)
In 2012 John Stossel, formerly of ABC’s 20/20 and FOX Business News, ran a video report of municipalities shutting down kids lemonade stands for a lack of permit. When word got out that
the government was shutting down lemonade stands, caring and concerned politicians, jumped into action and in order to correct the first unintentional outcomes, passed more laws allowing
“kids” to operate without a license. Utah passed bill SB 81, which, thankfully, defines for us that a “kid” is under 18 years of age and that “lemonade Stands” are home businesses not
requiring license. This new six-page addition to Utah’s legal code, likely costing hundreds of man hours and thousands of dollars to produce, can be viewed on the Utah State Legislature
web page along with pictures of the two smart and upcoming politicians who sponsored the bill. While you are chuckling, shaking your head in disbelief and letting that fact sink into
your head, I will test your patience just a little more by stating: I have been attending City Council meetings for years and have the privilege of serving on the Planning and Zoning
Board. I have lost count of the many times I have heard some iteration of the following. “I believe in the free market…but”, followed by a multiplying litany of well-meaning exceptions
where-in the government must “do something” about other people’s behavior.
Government shutting down lemonade stands? That’s only the depressing yet humorous tip of the iceberg. But here we are.
Staff Reports:
Finance: - Matt Nielson
Fiscal Year 2020 Budget Adjustment – Jeff Crowther & Maegan Scholes
Rexburg Rapids Improvements/Repairs
CHP System
Splash Park Improvements/Repairs
Rexburg Rapids Aquatic Facility Manager Maegan Scholes gave an overview of the areas that need renovations at Rexburg Rapids and the Splash pad at Porter Park.
Pictures of the splash pad at Porter Park were viewed on the overhead screen. She pointed out the discoloration and hard water build up on the features. The discoloration is caused by
the chemicals in the water and years of use.
There is also damage from people skateboarding down the slides when the splash pad is not in use.
Aquatic Facility Manager Scholes reviewed some of the damage to the yellow slide at Porter Park. The color seal coat, gel coat and untreated spider cracks are a few of the repairs needed
on both of the slides. The textured fiberglass at the bottom of the red slide needs to be recoated to repair the discoloration from wear and tear. She said both of the slides will need
to be sanded down to apply the gel coat and paint. Even though painting the slides isn’t necessary it would make them aesthetically pleasing. The work to restore the slides will take
about two weeks to complete.
Aquatic Facility Manager Scholes reviewed the costs of the improvements and repairs for the splash pad at Porter Park.
Aquatic Facility Manager Scholes said City Staff has been discussing the option of installing a fence around the splash pad at Porter Park to protect and preserve the equipment during
the winter months. The fence will also be a deterrent for people skateboarding down the slides and from sliding down them when they are covered in snow.
Aquatic Facility Manager Scholes reviewed the improvements/repairs needed at the Rexburg Rapids splash pad. This splash pad looks slightly better than the one at Porter Park; however,
the slides have discoloration due to the chemicals in the water and spider cracks from wear and tear. The red slide is faded on its side because of hard water. The green slide is almost
white on the inside and outside due to use.
Aquatic Facility Manager Scholes reviewed the costs to sand down, gel coat and repaint the whole play structure. She also reviewed the repairs and costs for the slides and slide tower
at Rexburg Rapids.
Council Member Flora asked about the life expectancy of the gel coat and paint. Aquatic Facility Manager Scholes replied about eight to ten years is the life expectancy; it could be
longer if the structures were in an indoor facility.
Aquatic Facility Manager Scholes reported on the slide tower stair repairs. There is a significant amount of rust on the metal parts of the stairs. City staff has tried grinding down
the metal and painted over it; however, the water entering through the concrete causes more rusting. She said even though the stairs look damaged there aren’t any safety concerns at
this time. City staff has been in contact with different companies to find a solution or to replace the stairs.
Finance Officer Nielson reviewed the Combined Heat and Power System payback projections. City Staff’s recommendation is to move forward with the purchase of the CHP System. He reviewed
the necessary budget adjustments for fiscal year 2020.
Council Member Flora asked for an explanation of how the Combined Heat and Power System functions. Finance Officer Nielson gave a brief explanation of how the CHP System operates and
the benefits in savings.
Finance Officer Nielson asked City Council for their thoughts regarding the installing of a fence around the splash pad at Porter Park. Council Member Flora questioned the type of fence
that would be installed. Finance Officer Nielson said the fence would be a chain link fence with vinyl slats similar to the fence at Rexburg Rapids.
Council Member Wolfe suggested instead of installing a fence to protect the structure an exterior protection wrap could be purchased to place around the structure during the winter months.
Council Member Flora said she is in favor of installing the fence around the splash pad structure to keep children from running into the street.
Discussion regarding the height of the fence and the extra maintenance it would cause for the Parks Department.
Council Member Flora said she would prefer to have more time to review the information and the budget adjustments needed to fund all the repairs to the structure and purchase of the
CHP System. She would also prefer to have a full quorum before a final decision is made.
Mayor Merrill decided to table the decision of the budget adjustments until the next City Council meeting.
Dashboard Report
Finance Officer Nielson reviewed the Cash, Investments and Reserves graphs.
Finance Officer Nielson reviewed the Operating Expenses and Revenues chart. The red areas are the funds that are over budget. The Street Fund is over budget due to some the street projects.
Finance Officer Nielson said the Street Fund is over 66% spent. In the Operating Revenues the property taxes are at 98%. The Rocky Mountain Power franchise fees will be lower this year
because residents used
less power. The green line indicates the actual revenue collected compared to the actual expenses. He said from October to about January the revenues are low; however in the middle of
January the tax revenues are collected and the revenue and expenses are in line with one another.
Finance Officer Nielson reviewed the Infrastructure Fees graph. The graph indicates the amount of impactk fees that were collected compared to the prior years. The current fees collected
are only at 75% through the year with the projected amount of impact fees being less than last year.
Finance Officer Nielson reviewed the Community Growth graph and compared the types of building permits issued in the last five years.
Finance Officer Nielson reviewed the Inflation graph. The construction cost for the ten year average is at 3.05%. The Cost of Living Adjustment (COLA) for October of 2019 is at 1.55%;
however, the estimated COLA for fiscal year 2020 is 4.27% based on the five month trend from January to June.
Finance Officer Nielson reviewed the Major Construction Projects. Local Improvement District 48 was over budget. The Moody Line and Lift Station has the full remaining budget because
the project was pushed back to next year. The reconstruction of N. 2nd E. and Yellowstone was completed last spring. The water capacity projects will continue through this year.
Finance Officer Nielson reviewed the Minor Construction Projects graph. The Airport Feasibility Study is over $350,000 and is over budget. The Roundabout at Pioneer and 7th South project
was pushed back to next year. The University and Yellowstone Signal Upgrade has begun, the 7th S. CRABS project will begin soon and was funded through a grant from LHTAC. He mentioned
the Romance Theater Remodel is near completion and the Nature Park Restrooms bid was received. The diesel fuel station is near completion and pavement will be added around the station.
Public Works: - Keith Davidson
Cul de Sac Abandonment 1st South between 1st and 2nd East (Princeton Court) Heads Up
Assistant Public Works Director Beard reported on the Princeton Court property. The property surrounding the cul de sac is now owned by one property owner. The property owner is requesting
the property be vacated so that when the time comes to develop the property, it can be developed in the manner he prefers.
City Attorney Zollinger said the formal request to vacate the property will be before City Council on a later date.
DEQ Agreement for decommission of 4 wells that pose a risk to the City’s drinking water
Assistant Public Works Director Beard reported City Staff applied for a source water protection grant through the Department of Environmental Quality (DEQ) in the amount $6,400 to decommission
four unused small domestic water wells. He said two of the wells are located on the golf course and the other two are on a property the city has purchased.
Council Member Wolfe moved to approve the Department of Environmental Quality Grant Agreement to decommission four wells; Council Member Walker seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Wolfe
Council Member Walker
Council President Smith
The motion carried
Assistant Public Works Director Beard reported on the work being performed for LID 48. The contractor is planning to pave the road on 2nd South by the Lincoln Elementary School on Monday
or Tuesday of next week as long as the curbing is installed. The paving of the road will take a couple of weeks to complete.
Mayor Merrill asked when the paving of the road on the 7th South reconstruction project will begin. Council President Smith questioned the length of road that will be paved for that
project. Assistant Public Works Director Beard said the contractor will begin paving the road next week. The work will begin from 2nd East down to 4th West.
C. Community Development: - Bret Stoddard
Building Official Stoddard reviewed the evaluation report for the month of July. The report shows permits that were issued in 2017; however, the work has recently started. He reported
the city inspectors have been assisting Madison County with their inspections. The Building Department didn’t anticipate the extra work load from the county causing some of the inspectors
to work over time. They have been assisting Madison County for the past three weeks.
Council President Smith questioned the type of permits being applied for in the county. Building Official Stoddard replied a lot of single family permits, remodels and some commercial.
He is surprised with the amount of permits being issued in the county. She questioned if the city is assisting the county permanently or temporarily with inspections and issuing permits.
Building Official Stoddard said the situation is temporary until the county is able to streamline their process; it also promotes a positive working relationship between the city and
county.
Mayor’s Report:
Mayor Merrill reported the Police Department has received bids for the police station façade. Some of the updates to the façade include removing the old signage and painting the brick.
Mayor Merrill said a loan was issued from the Revolving Loan Fund account to the person that purchased the Supercuts Hair Salon building on 2nd East. The loan will help cover the cost
of purchasing the building. He said most of the loans in that fund’s portfolio are doing well. There is one loan that has an outstanding balance; however, the investor is working to
become current with the payment of the loan.
Mayor Merrill reported there is good news regarding public transportation. There are two private business owners that will be providing public transportation. CT Transportation, LLC
and Roadrunner Transportation System are the two companies. They are working with Eastern Idaho Community Action Partnership to help subsidize the cost of the rides for those patrons
that are 60 years and older to help make the rides more affordable for the patrons that aren’t on Medicaid. CT Transportation actually purchased a couple of the buses from TRPTA so
that they could have wheelchair accessible buses
Public Hearing:
6:45 P.M. - Resolution 2019 – 09 Proposed Fee Increases/Decreases for Water, Sewer, and Garbage for Fiscal Year 2020 – Matt Nielson
Resolution to Adopt a New Utility Rate Schedule for Fiscal Year 2020
Resolution 2019 - 09
A resolution of the City of Rexburg, Idaho, adopting a new rate schedule for water, sewer, garbage fees.
WHEREAS, the City Council desires to maintain the overall quality of life experienced by its constituents; and
WHEREAS, the City Council desires to collect from all water, sewer, and garbage users an equitable user fee that reflects their appropriate share of operating costs, depreciation and
debt service;
NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Rexburg, effective October 1, 2019, the water, sewer, and garbage fees to be charged shall be as follows:
New Monthly Cost:
Garbage 90 Gallon Bin Weekly Pickup $20.00
90 Gallon Bin Every 2nd week Pickup $11.91
90 Gallon Bin Every 4th week Pickup $6.05
1.5 Yard Bin Weekly Pickup $47.66
2.0 Yard Bin Weekly Pickup $57.14
3.0 Yard Bin Weekly Pickup $76.18
Water Base Fee for .75” Equivalent & SF 1” Meter $18.85
Usage Fee per 1,000 Gallons over 6,000 $1.041
Wastewater Base Fee for .75” Equivalent & SF 1” Meter $16.12
Usage Fee per 1,000 Gallons $4.56
Other City Usage Fee per 1,000 Gallon $2.61
Out of City Limits 30% Surcharge for Water or Sewer update all fees 30%
Passed by the City Council and Approved by the Mayor this 7th Day of August, 2019.
_______________________________________
Jerry L. Merrill, Mayor
ATTEST:
_________________________________
Deborah Lovejoy, City Clerk
Mayor Merrill opened the Public Hearing.
Public Testimony in favor of the proposal (5-minute limit): NONE
Public Testimony neutral to the proposal (5-minute limit): NONE
Public Testimony opposed to the proposal (5-minute limit): NONE
Mayor Merrill closed the Public Hearing.
Council Member Smith moved to approve Resolution 2019- 09 - Proposed Fee Increases/Decreases for Water, Sewer, and Garbage for Fiscal Year 2020; Council Member Wolfe seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Wolfe
Council Member Walker
Council President Smith
The motion carried
7:00 P.M. - Ordinance No. 1216 Amend Ordinance No 1194 Fiscal Year 2019 Appropriation Budget – Matt Nielson
Ordinance No. 1216
Amend Ordinance 1194 Fiscal Year 2019 Appropriation Ordinance
AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, AMENDING ORDINANCE NO. 1194, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019: APPROPRIATING
ADDITIONAL MONIES THAT HAVE BEEN OR ARE TO BE RECEIVED BY THE CITY OF REXBURG, IDAHO, AND BUDGET REDUCTIONS IN THE NET SUM OF $1,825,500 AND PROVIDING AN EFFECTIVE DATE.
Be It Ordained By the Mayor and Council of the City Of Rexburg, Idaho:
SECTION I. That ordinance No. 1194, the appropriation ordinance for the
City of Rexburg, Idaho, for the fiscal year commencing October 1, 2018, and ending
September 30, 2019, be and the same is hereby amended as follows:
CITY OF REXBURG
BUDGET AMENDMENT
FISCAL YEAR 2019
SECTION II: This ordinance shall be in full force and effect from and after its passage, approval and publication.
Passed by the City Council and approved by the Mayor, the 4th day of September, 2019.
_______________________________
Jerry Merrill, Mayor
ATTEST:
______________________________
Deborah Lovejoy, City Clerk
Mayor Merrill opened the Public Hearing.
Public Testimony in favor of the proposal (5-minute limit): NONE
Public Testimony neutral to the proposal (5-minute limit): NONE
Public Testimony opposed to the proposal (5-minute limit): NONE
Mayor Merrill closed the Public Hearing.
Council Member Walker moved to approve Ordinance No. 1216 to amend the Appropriation Budget for Fiscal Year 2019 and consider Ordinance 1215 first read; Council Member Flora seconded
the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Wolfe
Council Member Walker
Council President Smith
The motion carried
Mayor Merrill asked Allen Parkinson the new Planning and Zoning Administrator to introduce himself.
Planning and Zoning Administrator Parkinson said he was born and raised in Rexburg. He spent most of his career in agriculture, finance and some development. He is pleased with the opportunity
to work for the City of Rexburg. He said he is married and has three children, two grandchildren and another one soon to be born.
Items for Consideration:
CUP 669 S 12th W Accessory Apartment in a Rural Residential 1 (RR1) Zone 19-00276 – Stephen Zollinger
Mayor Merrill said the applicant decided not to move forward with their request to have an accessory apartment in a Rural Residential 1 Zone at 669 S. 12th W.
CUP 113 S 1st E Dormitory in Mixed Use (MU) Zone 19-00339 – Stephen Zollinger
City Attorney Zollinger explained where the property is located as he referred to the map below. The applicant is requesting a Conditional Use Permit for dormitory style housing in a
Mixed Use Zone. The house on the property has been occupied as dormitory style housing without a permit. The applicant has applied for the permit to bring the property into conformance.
They intend to have five individuals live in the house on the property. The property has been reviewed by city staff and is recommending approval of the Conditional Use Permit.
Council President Smith asked if there is adequate parking for dormitory style housing on the property. City Attorney Zollinger replied the property owner owns a parking lot directly
behind this property and according to public works staff review there is adequate parking.
Council Member Flora moved to approve the Conditional Use Permit at 113 South 1st East to allow Dormitory Style Housing in a Mixed Use Zone; Council Member Walker seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Wolfe
Council Member Walker
Council President Smith
The motion carried
Resolution 2019 – 11 Comprehensive Plan Map Amendment to Multiple Parcels in the City’s Impact Area and within the City’s Boundaries 19-00351 – Stephen Zollinger
City Attorney Zollinger explained upon city staff’s review of the Comprehensive Plan Map, it became apparent that changes to the explanatory text and descriptions in the city’s Impact
Area and within the City’s boundaries for certain areas to be more compliant in the way they are developing. He said the above changes and other changes were presented to the Planning
and Zoning Commission. The Planning and Zoning Commission reviewed the changes and are recommending approval of the changes. The areas being changed are in the bright solid colors in
the map above.
Council Member Wolfe moved to approve Resolution 2019-11 to Amend Multiple Parcels in the City Impact Area; Council President Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Wolfe
Council Member Walker
Council President Smith
The motion carried
Ordinance No. 1217 Rezone Approximately 52 N 3rd W, 164 W 1st N, 231 W 1st N, and 250 W Main St to Mixed Use (MU) Zone 19-00332 – Stephen Zollinger
Council Member Wolfe stepped down from the dais due to a conflict of interest with the rezone request. He is one of the property owners.
City Attorney Zollinger reviewed the rezone at approximately 52 N 3rd W, 164 W 1st N, 231 W 1st N, and 250 W Main St. from Light Industrial, Low Density Residential 2, and Community
Business Center to Mixed Use (MU) Zone. The zone change was vigorously debated several years ago. In the end the rezone was approved; however, not at a level the development group preferred
and due to that reason the developer failed to move forward with the development of the property. He said the property owners that opposed the zone change have either moved or have
converted their properties in one fashion or another.
City Attorney Zollinger explained a public hearing regarding this rezone was held at the Planning and Zoning meeting, he referenced the minutes taken at that meeting. He noted the vigor
in which the neighborhood spoke in opposition to this development several years ago has diminished. The Planning and Zoning Commission is recommending approval of this zone change.
City Attorney Zollinger asked City Council to consider suspending the rules to third read the rezone ordinance for this property due to the amount of time already spent in deliberation
and public conversation.
Council Member Flora moved to suspend the rules for Ordinance No. 1217 the Rezone at approximately 52 North 3rd West, 164 West 1st North, 231 West 1st North, and 250 West Main Street
from Light Industrial, Low Density Residential 2, and Community Business Center to Mixed Use Zone and consider first read; Council Member Walker seconded the motion; Mayor Merrill asked
for a roll call vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council President Smith
The motion carried
Council Member Walker moved to approve Ordinance No. 1217 the Rezone at approximately 52 North 3rd West, 164 West 1st North, 231 West 1st North, and 250 West Main Street from Light Industrial,
Low Density Residential 2, and Community Business Center to Mixed Use Zone and consider third read; Council President Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Walker
Council President Smith
The motion carried
Council Member Wolfe returned to the dias.
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 1215 Appropriation Budget for Fiscal Year 2020
Council Member Flora moved to approve Ordinance 1215 Appropriation Budget for Fiscal Year 2020 and consider third read; Council Member Wolfe seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Wolfe
Council Member Walker
Council President Smith
The motion carried
Mayor’s Business:
Idaho Army National Guard Recruitment Campaign – Over the street banners on East and West end of Main St as well as 28 pole banners along the side of the street September 23 – October
21, 2019 – Sergeant First Class Johnny Faughn
Mayor Merrill said the Idaho Transportation Department has approved the Idaho Army National Guard Recruitment Campaign Banner be installed on the East and West banner locations and the
poles alongside Main Street considering that Main Street is a State Highway.
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 July 17, 2019 meeting
Approve the City of Rexburg Bills
Council Member Smith moved to approve the Consent Calendar containing the minutes and city bills; Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Wolfe
Council Member Walker
Council President Smith
The motion carried
Executive Session – Idaho State Statute 74-206(c) To acquire an interest in real property which is not owned by a public agency.
Council Member Flora moved to go into Executive Session per Idaho State Statute 74-206(c) To acquire an interest in real property which is not owned by a public agency; Council Member
Walker seconded the motion; Mayor Merrill asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Wolfe
Council Member Walker
Council President Smith
The motion carried
Executive Session began 8:02 P.M.
Executive Session ended 8:30 P.M.
Adjournment 8:30 A.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, Deputy City Clerk