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HomeMy WebLinkAboutCouncil Minutes - April 15, 2020 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Mikel Walker Tisha Flora Brad Wolfe Bryanna Johnson City Staff: Stephen Zollinger – City Attorney Matt Nielson – Finance Officer Keith Davidson – Public Works Director Alan Parkinson – Planning & Zoning Administrator Scott Johnson – Economic Development Director Deborah Lovejoy – City Clerk 6:30 P.M. City Hall Mayor Merrill said the prayer. Council Member Mann led the pledge. Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Mann, Council Member Wolfe, Council Member Walker, Council President Busby 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. Presentation: NONE Committee Liaison Assignments for 2020: A. Council Member Mann: M.E.P.I. · Legacy Flight Museum · Planning & Zoning Council Member Mann reported M.E.P.I and Planning and Zoning have not met. The Legacy Flight Museum Committee is continuing to make preparations for the Airshow in June. The event has not been canceled. B. Council President Busby: Cultural Arts/Museum · School Board · M.U.S.I.C. Council President Busby reported the Cultural Arts/Museum and M.U.S.I.C. have not met. He said he spoke with School District Superintendent Dr. Thomas regarding the date of when all of the schools will resume their classes. Dr. Thomas said he is waiting for Governor Little to remove the stay at home order and he believes the soonest possible date for the students to return to school would be no sooner than May 4th. If the Governor’s stay at home order is not lifted in time for graduation, they are discussing the possibility of using the stadium at the high school to hold the graduation ceremony with the social distancing recommendations and other precautions in place. Mayor Merrill mentioned Cultural Arts Director Jed Platt reviewed the construction plans and he has made suggestions for the Romance Theater remodel. He also mentioned a $25,000 grant from the National League of Cities and there is a possibility the grant can be renewed for several years. He said the grant will be used for economic entrepreneurship in the city. Council Member Johnson asked if all of the recreation programs and cultural arts events have been postponed or canceled for the month of May. Mayor Merrill replied yes all of the city programs have been canceled. A survey was sent to the Teton Dam Marathon participants to ask if they were in favor of moving the date to October or to keep the June date. He said the survey determined the majority of the participants are in favor of moving the date. Discussion regarding the number of events being postponed or canceled due to Covid-19. C. Council Member Walker: MYAB · Emergency Services · Traffic & Safety Council Member Walker reported the Mayor’s Youth Advisory Board and the Traffic and Safety Committee have not met. He spoke with Fire Chief Child and he said the Fire Department personnel is doing well. They have continued to keep the Covid-19 Pandemic precaution in place to keep everyone in the department healthy. They have also been sanitizing all of the equipment after each use and are using the station in Sugar City to house half of their staff members to avoid the spread of the virus. The Emergency Services Administration is working from home. Council Member Walker reported Emergency Services will begin their new response model next week. Mayor Merrill mentioned Emergency Services is switching their telephone service to a new system. The new system will have better coverage and will be less expensive. D. Council Member Johnson: Trails · Beautification · Rexburg Free Clinics Board Council Member Johnson reported the Trails Committee has not met; however, she spoke with city resident Eric Isaacson and he informed her of his interest in serving on the Trails Committee. Mayor Merrill expressed his approval to ratify Mr. Isaacson’s appointment to the Trails Committee. Mr. Issacson has been assisting City Parks Director McInnes with maintaining the trails at Eagle Park. Council Member Johnson moved ratify the appointment of Eric Isaacson to the Trail Committee; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Council Member Johnson said the Beautification Committee has not met. The committee will be involved with planting the flowers along Main Street and Center Street. E. Council Member Flora: Parks & Recreation · Urban Renewal Agency · GIS Oversight Council Member Flora reported the Parks Committee has not met; however, City Economic Developer Daniel Torres will be presenting on the Dog Park proposal. He is also working on the proposed Barney Dairy Park and the 10 year parks plan. The Urban Renewal Agency meet to discuss the creation of an urban renewal district. Council Member Flora reported she went with Rexburg Rapids Pool Manager, Maegan Scholes to Kidsburg. She said Manager Scholes mentioned all of the equipment and surfaces have been sanitized to be ready for when they reopen Kidsburg. They also discussed different inexpensive ideas and upgrades for Kidsburg next year. One of the ideas is to have theme days at where the children dress up as the chosen theme. She said another idea is to play music and to have bubbles for the kids to play with. She said one of upgrades would be to add a slide to the existing playhouse. Mayor Merrill mentioned there was a meeting held this morning to discuss whether or not to begin the hiring process for Rexburg Rapids personnel. He said city staff decided to begin the hiring process. The pool will open in June the actual date has not been decided due to the possible delays caused by Covid-19 Pandemic. The personnel hired will complete some of the training online first and the lifeguards will train later in the pool. He said he read data indicating pools and hot tubes can be opened as long people maintain their distance from each other to avoid the spread of Covid-19. The virus cannot be transmitted in water. F. Council Member Wolfe: Airport Board · Golf Board · Police Council Member Wolfe reported the Airport Board has not met. The Golf Board met to discuss the possibility of extending the club house deck several feet to be able to store the golf carts under the deck. A bridge may also being built. The Golf Board has been discussing the tournament green fee of $150. for the golf course. There are three major tournaments held at Teton Lakes which are Taylor’s Chevrolet, McDonalds and John Adams GMC. The tournament organizers were displeased with the added green fee. Council Member Wolfe reported he spoke with Police Chief Turman and he indicated the Police Department is operating smoothly. Their call volume has decreased slightly compared to the start of the Governor’s Covid-19 stay at home mandate. The Police Department’s personnel is healthy and well. They are trying to be as conservative as possible with their budget due to the extra expenses they have accrued with an investigation. Council Member Johnson asked if the Golf Board decided to waive the tournament green fee assessed to golf tournaments. Council Member Wolfe replied the Golf Board will make a decision at the next golf meeting. Mayor Merrill asked BYU-Idaho University Public Affairs Director, Brett Sampson if he has a report. Mr. Sampson reported there is an estimated number of students returning to live in Rexburg and due to Governor Little’s extension of the stay at home order to stop the spread of Covid-19. The university has instructed the students returning to Rexburg to self-quarantine for up to 14 days. The students have been sent the CDC’s recommendations and Governor Little’s stay at home order with the mandated precaution. The university’s spring semester online classes begin on April 20th. Council Member Mann asked about the estimated number of students coming to Rexburg for the spring semester. Mr. Sampson said he has been in contact with the apartment complex owners to determine the number of students moving back to Rexburg; however, an official number is not known at this time. University Operations Managing Director, Wayne Clark said a report he received from BYU-Idaho approved housing stated the percentage of single students returning to Rexburg was at about 39.5 percent. The number could decrease with the Governor’s extended stay at home order bring the number of single students returning to Rexburg to about 7,000. Council Member Busby asked if there is new construction on the BYU-Idaho Campus that City Council can tour during the City Council drive around. Mr. Clark mentioned the construction projects being completed at the university. Mr. Sampson suggested City Council tour the new construction at the Hart Building. Staff Reports: Finance: - Matt Nielson Finance Reports Finance Officer Nielson reviewed the Budget Summary Report – Operating Expenditures.   Finance Officer Nielson reviewed the Budget Summary Report – Operating Revnues. The investment earnings will begin to decrease because the reinvestments will be lower due to the market. The Permits and Licenses Account is above the 50% due to a slight increase in building permits; however those revenues will decrease because less parking permits will be sold due to the university holding online classes only for the Spring Semester. In the Capital Revenues under Borrowing – Department of Enviornmental Quality (DEQ) Water Loan, the city is preparing a request for a loan of a million dollars from the DEQ Loan Program.  Finance Officer Nielson reviewed the Cash and Investment Balance Report. He said the Finance Department has pursued Certificate of Deposits (CD’s) from local financial institutions. A CD was created with East Idaho Credit Union. The two year CD was locked in at a 2.25% return. He said another CD in April was locked in at .6% return. Council Member Busby questioned the DEQ Loan Program. Finance Officer Nielson explained if 11 million dollars of the DEQ loan is spent DEQ will forgive 2.1 million dollars of the loan. The loan has covered the city’s water projects over the last five years. Finance Officer Nielson continued to review the Cash and Investment Balance Report.  Finance Officer Nielson reviewed the Treasurer’s Expenditure Report. A payment for the ambulance services was received bring the Fire Operations Fund to zero. The monthly trasfer of the city’s share has deposited into Fire Operations Funds. The additonal trafers from the General Fund to the Baseball Quad Fund have not been trasfered. He said he waiting to complete the transfers unitl a decision is made regarding the installation of the lights for the baseball quad.   Dog Park Budget Amendment and Proposal – Daniel Torres City Economic Developer Torres reviewed a map of the location of the Dog Park and the Budget Amendment. He mentioned the proposed Ordinance Number 1225 an amended Animal Control Ordinance.   Council Member Busby questioned the enforement of the dog park to not become an abandonment site for unwanted animals and will the city be held liable if a dog were to attack a person or another dog while at the park. City Attorney Zollinger said the city will not be held liable if a dog were to attack a person or another dog. Economic Developer Torres indicated the Dog Park Committee will assist in policing the park. Council Member Busby asked if additional personnel will need to be hired to maintain the dog park and the baseball quad. Mayor Merrill replied he does not believe additional personnel will be need to maintain the additional park or the baseball quad. Council Member Johnson commented she doesn’t believe there will be a need for extra policing at the proposed dog park. Council Member Flora asked about amenities for the Dog Park. Economic Developer Torres explained the Dog Park Committee discussed adding play structures for the dogs. The committee members reached out to local business for funding and are planning to hold fundraises to pay for the cost of the play structures. Council Member Mann moved to approve the Dog Park Budget Amendment and Proposal; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Discussion of Refinancing of the 2010 Issue of Wastewater Bond Finance Officer Nielson reviewed the process of the refinancing of the 2010 Issue of Wastewater Bond.   Finance Officer Nielson reviewed the interest rates on municipal bonds graph.  Finance Officer Nielson reviewed the considerations highlighted in green for the refunding analysis.  Finance Officer Nielson reviewed the annual savings per year on a 1.6% rate.   Finance Officer Nielson reviewed the considerations and recommendation of refinancing the 2010 Issue of the Wastewater Bond.  Finance Officer Nielson explained the bank placement process.  Finance Officer Nielson reviewed the estimated timeline and recommended motion from Council.  Council Member Busby moved to approve the Refinancing of the 2010 Issue of the Wastewater Bond with the following recommendations: Piper Sandler Acts as a Placement Agent (PA) Issue 60 day written notice to IBBA of intention to pursue bank placement. Allow Creation of a Parameters Resolution to be presented to City Council for adoption on May 6th, 2020. Allow City Staff to pursue above timeline and accept bank placement bid if minimum savings of $200,000 is achieved; Council Member Wolfe seconded the motion; Mayor Merrill for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Public Works: - Keith Davidson Chip Seal Bid Award for 7th South, University Boulevard, and South 2nd East Public Works Director Davidson reviewed the bids received for the 2020 Chip Seal project.  Council Member Johnson moved to approve the low bid of $259,380. to Chip Seal 7th South, University Boulevard, and South 2nd East from TMC Contractors; Council Member Walker seconded the motion; Mayor Merrill for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Bid to Abandon Five unused Domestic Wells Public Works Director Davidson said the city received a grant from DEQ in the amount of $6,400 to fund the expense of abandoning five unused wells. There is discussion with DEQ to possible add a sixth well to be abandoned. He reviewed the list of bids received for the abandonment of the wells. Denning Drilling was the low bid and he is recommending they be awarded the bid.   Council President Busby moved to approve the low bid of $5,855. to Abandon Five Unused Domestic Wells from Denning Drilling with the condition of adding a sixth well; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Wastewater Collections SCADA Surplus Items Public Works Director Davidson explained with the recent upgrade of the SCADA wastewater collections system the following items were replaced and are no longer needed. Council Member Busby asked about the monetary value of the surplus items. Public Works Director Davidson said the items are only worth the price for scape metal.      Council Member Wolfe moved to approve to surplus the Wastewater Collections SCADA Surplus Items; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Public Hearing 7:00 P.M.: Resolution 2020 – 07 Impact Fees Change per Impact Fee Study by Zions Bank, Horrocks Engineering, City of Rexburg Staff and Committee Members – Matt Nielson Finance Officer Nielson reviewed the Impact Fees Changes per the Impact Fee Study by Zions Bank, Horrocks Engineering, City of Rexburg Staff and Committee Members. He explained the committee members have been working on the impact study project for several years. The capacity fee were also a part of the project. The committee members were all in favor of the methodology used to calculate the fees. Finance Officer Nielson reviewed the Capacity and Impact Fees Comparison charts.   Council Member Busby asked if there was written correspondence received from Rexburg citizens regarding this public hearing. City Clerk Lovejoy indicated she did not receive any written correspondence. There was an email link attached to the online City Council Agenda for anyone desiring to submit a comment. Council Member Mann commended all of the Impact Committee Members for their dedication in completing the impact fees and capacity fees project. A RESOLUTION OF THE CITY OF REXBURG, IDAHO, ADOPTING A NEW RATE SCHEDULE FOR CERTAIN FEES. Resolution No. 2020 – 07 WHEREAS, the City Council desires to maintain the overall quality of life experienced by its constituents; and WHEREAS, the City Council desires to set certain fees so that they cover the cost of the services provided through the payment of those fees; NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Rexburg, effective May 21, 2020 that the fees in attached list shall be charged as specified:     PASSED by the City Council and approved by the Mayor on April ___, 2020. ________________________________ SIGNED BY: Jerry Merrill, Mayor ATTEST: (Seal) ________________________________ Deborah Lovejoy, City Clerk Mayor Merrill opened the Public Hearing. Public Testimony in favor of the proposal (5-minute limit): Public Testimony in neutral to proposal (5-minute limit): University Operations Managing Director, Wayne Clark said he was a member of the Impact Fee Committee along with Richie Webb, Chad Richards and other developers who had expressed their concerns regarding the impact fees. The type of apartment complexes being built in Rexburg generate an increased tax base for the city. He believes the impact fees are restrictive. The developers are already having a difficult time with the costs of land, construction material, etc. These type of development improve the community and he does not favor the impact fee increases. Public Testimony opposed to the proposal (5-minute limit): Mayor Merrill Closed the Public Hearing. Council Member Busby explained he is hesitant to make a decision regarding a public hearing matter when citizens are unable to personal appear for this hearing due to the Governor’s stay at home order due to the Covid-19 Pandemic. He recommend holding a second public hearing in May when the stay at home order may be lifted. City Attorney Zollinger indicated the option of submitting written comment via email or in letter form was given to the public. The public was also given the opportunity to log on to the GoToMeeting program to be a part of the meeting tonight. He recommend moving forward with a decision on this Resolution because there will an ordinance for all of the fees and it will require three readings. Council Member Flora asked Finance Officer Nielson about the impact fee increases for the dormitory and multi-family housing. Finance Officer Nielson explained building permit fees and impact fees for both dormitory and multi-family housing were reviewed. The fees associated with this type of housing is much less in Rexburg than other cities. A 10 year and 20 year comparison of the levy and tax rates were also reviewed. The developer pays less taxes in Rexburg. The long term investment is great in Rexburg and less expensive compared to other cities. The purpose of the Impact fees is to maintain the level of service for infrastructure and for development to pay their proportionate shares. Council Member Walker moved to approve Resolution 2020 – 07 Impact Fees Change per the Impact Fee Study by Zions Bank, Horrocks Engineering, City of Rexburg Staff and Committee Members; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Items for Consideration: Ordinance No. 1225 Animal Control – Changes to leash regulations, fee structures, defecation removal, etc. City Attorney Zollinger indicated Ordinance No. 1225 Animal Control has been reviewed the Police Department, Parks Department and himself. City Clerk Lovejoy explained section seven “dog defecation to be removed by animal owner” and section eight “dog leash regulations in city owned park” are additions to the ordinance. She said there were also changes to the fee amounts in this ordinance and were set by resolution. Council Member Walker asked about the process of enforcing section seven of the ordinance. City Attorney Zollinger replied the enforcement of the offense will be handled in the same manner it is currently being enforced; by witnessing it or someone reporting it to an officer. The dog owners will be contacted by a police officer. If there are repeat offenders they will charged with a citation. ORDINANCE NO. 1225 City of Rexburg Animal Control AN ORDINANCE PROVIDING FOR THE LICENSING OF DOGS; PROHIBITING DOGS FROM RUNNING AT LARGE AND DISTURBING THE PEACE; PROVIDING FOR THE IMPOUNDMENT OF UNLICENSED DOGS AND DOGS RUNNING AT LARGE; PROVIDING FOR IMPOUNDMENT DUTIES OF POLICEMEN AND ANIMAL CONTROL; NOTICE OF IMPOUNDMENT AND REDEMPTION; PROVIDING CITATION OF DOG OWNER RATHER THAN IMPOUNDMENT OF DOG; PROVIDING FOR NON-COMMERCIAL KENNEL LICENSES; PROVIDING FOR DISPOSITION OF DOGS WITH RABIES; PROVIDING FOR DESTRUCTION OF DOGS; MAKING IT UNLAWFUL TO INTERFERE WITH SEIZURE OR DESTRUCTION OF DOGS; PROHIBITING CRUEL TREATMENT OF ANIMALS; DEFINING OWNER OF DOG; PROVIDING PENALTIES FOR THE VARIOUS VIOLATIONS OF THIS ORDINANCE; REPEALING ORDINANCE NOS 841, 581, 411, AND CHAPTER 35 OF THE REVISED ORDINANCES AND ALL OTHER ORDINANCES OR PORTIONS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF REXBURG, MADISON COUNTY, IDAHO: SECTION I: LICENSING OF DOGS. It shall be unlawful for any person or persons to own, keep or harbor, any dog, male or female over 3 months of age within the City of Rexburg without obtaining a valid license. The fine for not having a valid license for a dog is established by resolution and detailed on the City of Rexburg master fee list. SECTION II: AMOUNT OF LICENSE. Licenses will be provided for all dogs or cats residing within the City of Rexburg. These licenses shall be valid for one year on condition that the owner provides appropriate change of address or contact information to the Police department. The cost amount of licenses is established by resolution and detailed on the City of Rexburg master fee list. Licenses for animal ownership are non-transferable and a new license must be issued to the new owner. Failure to provide change of address or contact information to the Police department within 30 days of such change will invalidate the license and be punishable by a fine as set forth in Section I. SECTION III: ISSUANCE OF LICENSE. The Police department shall issue a license to the dog or cat owner and shall maintain the following information regarding the license: the date of issue, the name and address and phone number of the owner, the name, age and sex of the dog or cat; a description of the dog or cat and the number of the license. The Police department shall furnish with each license a metal tag which shall be stamped with the number corresponding to the number of the license. SECTION IV: METAL TAG ATTACHED. The metal tag, as described in Section III of the Ordinance, shall be attached to a collar and the collar kept on the neck of the dog. Failure to keep proper identification on the dog will be punishable by a fine established by resolution and detailed on the City of Rexburg master fee list. SECTION V: UNLICENSED DOGS - IMPOUNDMENT. All dogs not licensed and collared, as provided in Sections I, II, and III above, are declared to be a public nuisance, and all police officers and animal control may take up and impound any dog not so licensed and collared. The fines for not having appropriate license will be established by resolution and detailed on the City of Rexburg master fee list. SECTION VI: DISTURBING THE PEACE UNLAWFUL. It is unlawful for any person to own, keep or harbor within the limits of the City, where tethered, caged or otherwise, any animal which by barking howling, yelping, whimpering or whining, or by the making of other noises, disturbs the quiet of any neighborhood or person. Disturbing the peace determination will be made by a police officer or animal control after an investigation of said complaint. Violation of this section of the Ordinance will punishable by a fine established by resolution and detailed on the City of Rexburg master fee list. SECTION VII: DOG DEFECATION TO BE REMOVED BY ANIMAL OWNER. (A) No person owning, keeping or having in his or her immediate care or custody any animal shall knowingly fail or neglect to clean up any feces of the animal immediately and dispose of it in a sanitary manner whenever the dog has defecated upon public or private property owned or within the control of another and without the consent of such public or private owner or person. Failure to immediately clean and property dispose of feces shall be punishable by a fine established by resolution and detailed on the City of Rexburg master fee list. (B) The provisions of subsection A of this section shall not apply to a blind person being accompanied by a guide dog or signal dog, nor shall they be construed to require or countenance any act of trespass upon private property. Whenever the feces to be cleaned up cannot be reached without an unlawful trespass upon the private property on which the feces is located, the person having the duty pursuant to subsection A of this section to clean it up shall first obtain permission to do so from the owner or person in lawful possession or charge of the property. If a property owner does not consent to the owner of the animal cleaning up the feces, then subsection A of this Section will not apply to the animal owner. SECTION VIII: DOG LEASH REGULATIONS IN CITY OWNED PARKS Dogs are permitted in city owned parks, provided they remain leashed and under control of the owner or other duly authorized competent person. Failure to keep dog under control shall be punishable by a fine established by resolution and detailed on the City of Rexburg master fee list. SECTION IX: RUNNING AT LARGE - UNLAWFUL WHEN. Except as provided by Section X, it is unlawful for any person to cause, permit or allow any dog, whether licensed or not, to roam, run or stray away from the premises of the owner, unless: Such dog be in the charge of and physically tethered to the owner or some duly authorized and competent person while controlled by a leash or chain not exceeding 26 feet in length. Electronic or any non-tethering leashes are not acceptable under this provision. Such dog is safely and securely confined or completely controlled while in any motor vehicle. Such dog is on any other premises with the consent of the person in possession of such premises. Failure to keep the dog under control will be punishable by a fine established by resolution and detailed on the City of Rexburg master fee list. SECTION X: RUNNING AT LARGE - EXCEPTION. The City Council may designate the Fenced, off leashed dog area, within Eagle Park for the training or exercise of dogs, or holding dog shows or exhibitions. Dogs within such areas need not be controlled by leash or chain, but shall be under the control of a responsible person and controlled by whistle, voice or other effective command. Failure to comply with this section will be punishable by a fine established by resolution and detailed on the City of Rexburg master fee list. SECTION XI: IMPOUNDMENT DUTIES OF POLICE OFFICERS AND ANIMAL CONTROL. Police officers and animal control may seize and impound any dog found to be running at large as provided in Section VII. SECTION XII: NOTICE OF IMPOUNDED AND REDEMPTION OF LICENSED DOGS. The owner of every animal properly licensed and displaying the license as outlined in sections I, II, and IV, seized and impounded shall be notified by the animal shelter within normal hours of operation following impoundment. Telephonic notice shall be sufficient when the police officer speaks directly with the owner. Electronic communication may be used in lieu of telephonic notice where an electronic mail address is provided and shall be sufficient when sent to the electronic mail address provided on the application for license. Contact to the residence provided on the application for license, whether in person by officer, physical door hanger notice, or through postal mail shall be sufficient. Two contact attempts shall be made and considered sufficient notice as established above. Every licensed animal seized shall be retained in the pound for a period of five days while notice is made telephonically, electronically or physically to the owner of the animal. At any time while the animal is impounded, the owner or keeper may redeem the animal by paying a return to owner fee plus a daily boarding fee for every twenty-four hours that the animal has been held in the animal shelter. The return to owner fees and daily boarding fees are set and established by resolution and detailed on the City of Rexburg master fee list. This will not relieve the owner from appearing in the Magistrate's Division of the District Court for Madison County to answer any charges that may be filed against him for violating any provision of this ordinance or State of Idaho code. Failure to redeem the animal will forfeit ownership rights of the animal to the City of Rexburg and subject the owner to an abandonment penalty established by resolution and detailed on the City of Rexburg master fee list. SECTION XIII: IMPOUNDMENT AND REDEMPTION OF UNLICENSED ANIMALS. All animals seized and impounded that do not have a collar and license as provided in Sections I, II, and III, and whose ownership is unknown to the police department or animal control, shall be retained in the pound for a period of 72 hours, during which time the animal may be released on payment of a return to owner fee plus a daily boarding fee for every twenty-four hours that the animal has been held in the pound, as well as obtaining a license. The return to owner fees and daily boarding fees are set and established by resolution and detailed on the City of Rexburg master fee list. This will not relieve the owner from appearing in the Magistrate's Division of the District Court for Madison County to answer any charges that may be filed against him for violating any provision of this Ordinance or State of Idaho code. Failure to redeem the dog will forfeit ownership rights of the animal to the City of Rexburg and subject the owner to an abandonment penalty established by resolution and detailed on the City of Rexburg master fee list. SECTION XIV: CITATION - IN LIEU OF IMPOUNDMENT. In lieu of seizing and impounding any dog found to be running at large in violation of Section VII (the Leash Law), the police officer or animal control may, if the owner of the dog is known, issue a citation. SECTION XV: CITATION - ISSUANCE. The citation shall be issued by the police officer or animal control by handing a copy of the original to the owner. If the owner does not appear before the Magistrate on or before the date established on the citation after he has been notified of the offense, the police officer or animal control who issued the citation, shall prepare a formal complaint, charging the owner with the offense, including whether it be a first, second, third or subsequent offense, and present the same to the court for the issuance of a warrant of arrest. SECTION XVI: RABIES - QUARANTINE. Animal control shall have authority to order the owner of any animal showing symptoms of rabies or of any animal which has bitten any person, to subject the animal to the city animal shelter for quarantine for a period not to exceed fifteen days. If the animal is determined to be free of rabies following an examination by a licensed veterinarian at the owner’s expense, it shall be returned to the owner after payment of a bite quarantine fee for the quarantine period plus any additional boarding fees incurred following the quarantine period, fees are established by resolution and detailed on the City of Rexburg master fee list. However, if the animal is not redeemed within five (5) days following the end of the quarantine period and fees are not paid, the owner will forfeit ownership rights of the animal to the City of Rexburg and may be subjected to an abandonment penalty established by resolution and detailed on the City of Rexburg master fee list. In lieu of submitting an animal to the animal shelter for quarantine, the owner may, at his expense, admit the animal to a veterinarian for the same quarantine period or an in-home quarantine may be requested by the owner with proof the animal is current on rabies vaccinations and can be properly quarantined as determined by animal control. This will not relieve the owner from appearing in the Magistrate’s Division of the District Court for Madison County to answer any charges that may be filed against him for violating any provision of this ordinance or State of Idaho code. SECTION XVII: RABIES - DESTRUCTION. Any animal known to be afflicted with rabies or any animal showing symptoms of rabies and not quarantined or violating the quarantine as outlined in Section XVI shall be euthanized immediately in as humane a manner as practical for the safety of the person performing the euthanasia, either by a licensed veterinarian, at the owners expense, or animal control. SECTION XVIII: DESTRUCTION OF ANIMALS. Animals that have been impounded and not redeemed within the time periods established in Sections XII and XIII, or any injured animals for which an owner is not known or cannot be contacted may be dispositioned by animal control in a humane manner. SECTION XIX: UNLAWFUL TO INTERFERE WITH THE SEIZURE OR DESTRUCTION OF DOGS. It is unlawful for any person to hinder, molest, or interfere with any person who is lawfully engaged in seizing, impounding, or destroying any dog, or removing the carcass as provided in this Ordinance. Violation of the section shall be punishable by a fine established by resolution and detailed on the City of Rexburg master fee list. SECTION XX: ANIMAL CRUELTY PROHIBITED. It is unlawful for any person to maltreat or torture any animal, or having the right or authority to kill any animal, to kill the animal in an inhumane manner. Animals cruelly treated may be seized and held, at the owners expense, until ownership is either transferred to the City of Rexburg or the court orders the return of the animal following the owners appearance in the Magistrate’s Division of the District Court for Madison County to answer any charges that may be filed against him for violating any provision of the ordinance or State of Idaho code subject to the terms in Section XXI. SECTION XXI: PROTECTIVE CUSTODY. For all animals held in protective custody, the daily boarding fee established by resolution and detailed on the City of Rexburg master fee list must be paid at the police department or at the animal shelter in an interval not to exceed seven days since the prior payment. Protective custody will be any animal that was brought in by a police officer or animal control because of the owner’s inability to care for the animal. For any animal in protective custody, failure to maintain payment of daily boarding fees for any period of time in excess of seven (7) days will be considered abandoned, and the owner will immediately forfeit ownership rights of the animal to the City of Rexburg. SECTION XXII: PUBLIC DISPOSITION OF ANIMALS. It shall be unlawful to give away animals at any place of business or on City owned land within the city limits without first obtaining a permit from the Rexburg Police Department. The form to be completed for approval of permit application is attached hereto as Attachment #1. Within five (5) days of the date of disposition, the completed permit must be returned to animal control. The fines for violating this section are established by resolution and detailed on the City of Rexburg master fee list. SECTION XXIII: ABANDONMENT OF ANIMALS. It shall be unlawful to abandon animals within the city limits or to abandon city animals in the surrounding area. The fine for this offense is established by resolution and detailed on the City of Rexburg master fee list. SECTION XXIV: ANIMAL CARCASS AND DISPOSAL. It is the duty of any owner of any animal upon its death to remove and properly dispose of the carcass in a timely manner. Where there is no owner or the owner cannot be identified and located, it is the responsibility of the owner of the property where the carcass is located to properly dispose of the carcass in a timely manner. It shall be unlawful to move the carcass to any land owned by the City of Rexburg, any business or any other premises without the consent of the person in possession of such premises. Violation of the section shall be punishable by a fine established by resolution and detailed on the City of Rexburg master fee list. SECTION XXV: DEFINITION. The term owner as used in this ordinance shall be construed to mean and include any person, persons, association, business entity, or corporation owning, harboring or keeping a dog or dogs within the corporate limits of the City of Rexburg, Idaho. SECTION XXVI: VIOLATIONS - PENALTIES. Any persons or persons violating the provisions of this Ordinance shall be guilty of an infraction and shall be punishable as indicated in each section. In addition, all found guilty will be assessed costs. SECTION XXVII: REPEALING ORDINANCES. Ordinance Nos. 841, 581, 411, Chapter 35 of Revised Ordinances, and all ordinances or portions of ordinances in conflict herewith are hereby repealed. SECTION XXVIII: EFFECTIVE DATE OF ORDINANCE. 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, on this __ day of May, 2020. ________________________________ Jerry Merrill, Mayor ATTEST: __________________________ Deborah Lovejoy, City Clerk  Council Member Walker moved approve Ordinance No. 1225 Animal Control and consider first read; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Ordinance No 1227 Impact Fees – Changes in Street, Fire, Police, and Park Impact Fees per Study by Zions Bank, Horrocks Engineering, and the City of Rexburg Staff & Committee Members – Matt Nielson A NEW ORDINANCE FOR THE CITY OF REXBURG TO BE KNOWN AS THE "DEVELOPMENT IMPACT FEE ORDINANCE" TO ALLOW FOR THE COLLECTION OF DEVELOPMENT IMPACT FEES, ESTABLISHING SUCH FEES, AND MORE PARTICULARLY SETTING FORTH THE TITLE AND PURPOSE AND PRESCRIBING THE PROCEDURES FOR CARRYING OUT THE PURPOSE HEREOF; ATTACHING AND INCORPORATING THE "CITY OF REXBURG CAPITAL IMPROVEMENT PLANS AND IMPACT FEE ANALYSIS REPORTS" DATED MAY 20, 2020 AS APPENDIX "A" HERETO; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE HEREOF. THIS NEW ORDINANCE SHALL REPLACE ORDINANCES 896 AND 961 AND ESTABLISH THE NEW DEVELOPMENT IMPACT FEES FOR POLICE, FIRE, PARKS AND TRAILS, AND TRANSPORTATION (STREETS). Council Member Wolfe moved to approve Ordinance No. 1227 Impact Fees – Changes in Street, Fire, Police, and Park Impact Fees per Study by Zions Bank, Horrocks Engineering, the City of Rexburg Staff and Committee Members and consider first read; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Calendared Bills Second Reading: Those items which have been first read: - NONE Third Reading: Those items which have been second read: NONE Mayor’s Business: Mayor Merrill reported he and Public Works Director Davidson meet with two groups of engineering students from BYU-Idaho. The students were completing a study to determine the expense to move the Fun Farm Bridge located in Fermont County to Rexburg. The location of the bridge would be at the new Barney Dairy Park. The study estimated the cost to move and repair the bridge would cost about 1.4 million dollars. The other engineering group worked on a design for the proposed Barney Dairy Park. City Attorney Zollinger reported Chuck and Linda Porter donated several thousand dollars of shelving from the old AC Moore building to the Parks Department. Mayor Merrill reported due to the Governor’s stay at home order City Hall Offices will remain closed to the public for two more weeks. After, the two weeks all City Hall Offices will be opened and the employees working from home will return to work from City Hall. He said there are five confirmed Covid-19 cases in Madison County and in all of District 7 there are 36 cases with most of the cases being in Bonneville County. There have been no deaths in District 7 from Covid-19. The hospitals have been preparing for a possible surge of Covid-19 patients. The current capacity of hospital beds could be doubled due to the preparations that have been made by hospital personnel. There is however a lack of equipment such as ventilators. The hospital only has four ventilators. A shortage of medical personnel could also be a concern. Mayor Merrill report District 7 Health Department Director, Jerry Rachow said the district will be receiving two machines which are used to test for the virus in a prompt manner. The hospitalization rate in District 7 has dropped from 18% to 14% of those who are diagnosed with Covid-19. The hospitals reported the number of patients coming to the hospital with respiratory issues decreased 50% from February to April. Mayor Merrill reported he and County Commissioner Weber made a short video that will be up load to the Rexburg Strong web-page. The video was made to encourage county and city residents to continue with the precautions put in place to cut down on the Covid-19 Pandemic curve. 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 1, 2020 meeting Approve the City of Rexburg Bills Council Member Wolfe moved to approve the Consent Calendar containing the minutes and city bills; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Adjournment 8:23 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _______________________________ Marianna Gonzalez, Deputy City Clerk