HomeMy WebLinkAboutCouncil Minutes - January 08, 2020_unbound__unbound_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
Alan Parkinson – Planning & Zoning Administrator
Scott Johnson – Economic Development Director
Deborah Lovejoy – City Clerk
6:30 P.M. City Hall
Jon Johnson said the prayer.
Jaden Demming led the pledge.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Mann, Council Member Busby, Council Member Walker, Council President Smith and Mayor Merrill.
Council Member Wolfe asked to be excused.
Mayor Merrill reported on a meeting city staff held with Western Recycling, the company responsible for picking up the city’s recycling containers. There have been issues with the company
not picking up the recycling containers in some of the city’s neighborhoods. The Western Recycling representative explained in the meeting; they have had a high turnover in personnel
and each time they have to train a new driver to follow the route already established by the city is causing container pick up issues. The representative also informed city staff many
of the items being put into the recycling containers are items that cannot be recycled.
Mayor Merrill asked the city residents attending the meeting for assistance with informing their neighbors which items should be put into the recycling containers. He mentioned some
of the items that can still be recycled are cardboard, paper, and some plastic items. The paper with a glossy coat such as magazines cannot be recycled, pizza boxes can’t be recycled
because of the grease residue left from the pizza and all of the plastic bottles need to be washed out before putting them in the recycling containers. If the plastic bottles have left
over product in them, they will be thrown away and not recycled.
Mayor Merrill said a newsletter will be sent out to the Rexburg residents to better inform them which types of plastic, cardboard and paper are considered recyclable.
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 December 18, 2019 meeting
Approve the City of Rexburg Bills
Council President 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 Mann
Council Member Busby
Council Member Walker
Council President Smith
The motion carried
Mayor Merrill showed the audience the city’s first minute book. The first Rexburg City Council Meeting was held in 1896. He found it interesting that the budget on July 20th, 1896 was
a total of $76.11. He said the minute book should be handled with care because some of the pages have water damage from the Teton Dam Flood.
Ceremony to seat the newly Elected Officials from - 2019 Municipal Elections: - City Clerk
Oath of Office:
Swear in Jerry Merrill as Mayor
City Clerk Lovejoy recited the Oath of Office with Mayor Merrill repeating the Oath. He was presented a “Certificate of Election” and the “Oath of Office” document.
Swear in Tisha Flora, Bryanna Johnson, Jordan Busby as City Council Members
Mayor Merrill recited the Oath of Office with the respective newly elected officials repeating the Oath. Each Official was presented a “Certificate of Election” and the “Oath of Office”
document.
The newly sworn in Council Members took their seat on the dais.
Mayor Merrill thanked Sally Smith for her dedicated service to the City of Rexburg during the past eight years. Sally grew up in Rexburg and has volunteered on many committees and boards.
She will continue to volunteer on several committees even after retiring from City Council. Mayor Merrill expressed his gratitude for Sally’s great accomplishments and service. He asked
the City Council Members to take a moment to say thank you to Sally.
Council Member Mann said he has known Sally for 38 years. He considers her a great friend and mentor. She works hard for the citizens of Rexburg and he will miss her on City Council.
Council Member Flora said a quality she has learned from Sally is her ability to organize an event. She has attended the Legacy Flight Museum’s Airshow and Fly-ins, which are some of
the events Sally has organized. The events are in order and have great participation.
Council Member Johnson said she hasn’t had the opportunity to work with Sally; however, she has been attending City Council Meetings for a while and has watched Sally. She is grateful
for Sally’s example and looks forward to learning from her as she takes her place as a Council Member.
Council Member Busby said he echoes what has already been said about Sally. He has had the opportunity to cook at the Fly-ins for the Legacy Flight Museum and is impressed at how well
the event is organized. He also expressed his gratitude for the opportunity to serve with Sally and has learned much from her. He thanked Sally for organizing the City Council drive-around
every year.
Council Member Walker said he appreciates the local connection he and Sally have since they both grew up in Rexburg. This connection has helped when determining a decision because they
both know the history or story of why some things are the way they are. He thanked Sally for taking him under her wing and helping him during the city’s budgeting process.
Mayor Merrill mentioned he forgot to have the newly elected officials and Sally introduce their family members and friends in attendance. Each elected official introduced his or her
family and friends attending the meeting.
Mayor Merrill presented a gift to Sally. The gift is a book about North America’s National Parks with pictures. He thanked Council Member Mann for purchasing the book. The book is signed
by City Council and others that have worked with Sally. Mayor Merrill also presented a plaque to Sally
for all her years of service on City Council. Sally also received the Above and Beyond Award and a gift certificate to a local restaurant.
Sally Smith expressed her gratitude for her family and said it has been a privilege to serve the City of Rexburg. She said the city has great employees and she is grateful for the opportunity
to have worked with them.
Mayor Merrill called for a recess.
Recess began at 6:52 P.M.
Recess ended at 7:11 P.M.
Election of City Council President
Mayor Merrill mentioned the Council Members will be receiving an updated City Council Manual. City Clerk Lovejoy said the Council Members will also be receiving an updated Employee Manual.
Mayor Merrill asked for a nomination for a new City Council President.
Council Member Mann said Council President Sally Smith will be hard to replace. He believes every Council Member is willing and capable to serve as Council President. Council Member
Mann said Council Member Busby is the longest serving Council Member besides himself and he has been Council President before for six years. He nominated Jordan Busby for Council President.
There were no other nominations.
Council Member Mann moved to approve Council Member Busby as the City Council President; Council Member Walker seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Mann
Council Member Busby
Council Member Walker
Council Member Johnson
The motion carried
Mayor Merrill asked each elected official to draw a number from a hat. The numbers correspond to the chairs the Council Members will be seated on the dais.
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.
Steven Oakey said he listens to a podcast by an Author Historian Brian Mclaughlin and one of his quotes is “think locally and act locally”. This is his attempt to fulfill that quote.
He said with the change in Council Members tonight it allows the opportunity to present new ideas and to think differently how we do things. He may not know much about Council Member
Johnson or her philosophy about how to manage local government. He has had the opportunity to speak with Planning and Zoning Administrator Alan Parkinson. Mr. Oakey said he believes
Mr. Parkinson is a local man that has not been bureaucratized and has some ideas that comport with his philosophy regarding land management. He believes land management is the number
one function city government is supposed to be paying attention to. There is a rare opportunity right now with newly elected Council Member Johnson and recently hired Planning and Zoning
Administrator Parkinson to think in terms of different things regarding land management.
Mr. Oakey said the George Mason University Mercatus Center recently published an article on the The Bridge webpage. The article reiterated statements Idaho Governor Brad Little made
during his State of the State address. This article was published on the 2nd of January with the following title “Idaho is the Least Regulated State and a Model for the Rest of the
Country. Mr. Oakey read the first paragraph of the article.
Last month, Idaho Governor Brad Little announced that the state cut more than 1,800 pages of regulations in 2019, bringing its total regulatory count down to just 41,000 restrictions.
If this new count is accurate, it would make Idaho the least regulated state in the nation, according to recent research from the Mercatus Center.
Mr. Oakey indicated he has always advocated for less government. He believes he is in firm standing with the founders of our country and hopes he is also in concordance with many of
the people that populate this city. He said he frequently hears advocacy of a certain type of government; however, often times does not see this type of government in action. He finds
himself in a small minority trying to find ways of getting rid of rules and regulations and he applauds the State of Idaho for reducing regulations.
Mr. Oakey recommended several books to City Council he has been reading. The first book is by Oliver Porter he is the architect of the City of Sandy Springs, Georgia. The City of Sandy
Springs does business far and away different than most cities in this country do business. The second book is called Order Without Design, written by a very prominent French urban planner
named Alain Bertaud. Mr. Bertaud goes against the grain of typical urban planning and has caught grief from others because of his different view regarding urban planning. Mr. Oakey
read some quotes from Mr. Bertaud’s book.
“The objective of the planner should be to maintain mobility and housing affordability as the city’s population increases and it diversifies its activities.” “Efforts to course a city’s
shape into an arbitrary predetermined form or an arbitrary set density would always result in adverse consequences of formability and affordability. Arguably land use controls have
more widespread impact on the lives of ordinary Americans than any other regulation. These controls typical imposed by localities make housing more expensive and restrict the growth
of America’s most successful metropolitan areas. These regulations have created over time with virtually no cost benefit analysis.”
Mr. Oakey said when he thinks in terms of the roadblocks to more free land use governance. He thinks of two things prominently, the first is zoning. Zoning is an encumbrance upon people’s
right to perform and to maximize the value of their property which property is an extension of themselves. He said I want to ask a question to the guardians of the Rexburg code. How
many zones there are in Rexburg? He said he counted 23 zones. He did not count the other regulatory zones that apply to land use regulation. He questioned why so many zones are needed
to govern a small town like Rexburg.
Mr. Oakey said his experience on the Planning and Zoning Commission is that very few of these zones are used. He believes, for the most part, the existing zones are an encumbrance. He
questioned if the city could do away with most of the regulatory zones. The governing board should start to ponder reducing the impediment and barriers zoning places on people that
are doing business, creating wealth, generating opportunities for themselves and the community. The second barrier he encounters frequently with his activities on the Planning and Zoning
Commission is what he calls the demand for value. Often times, when there is controversial land use action taking place many people from the neighborhood will come to voice their concerns
stating, they moved into the neighborhood several years ago and did not expect change. They expect the governing board to protect the value of their property. He said value is highly
suggestive and for the government to step in and create value is an invitation for warfare. When neighbors come to a land use action hearing and are pitted against each other, it starts
a neighborhood and citywide warfare of value against value. As Jefferson said, “In the pursuit of happiness” Mr. Oakey said it is not the guarantee of happiness it is a pursuit. Every
person is allowed the availability to pursue value in the manner and fashion they decide to pursue.
Mr. Oakey said over the last several years he has seen a clash of values. Certain neighbors in the City of Sugar City have come out in fights. City Council Members have resigned, people
have been fired and a lawsuit against the city has been filed for the simple reason that some people think it is within their right to demand of other people the management of their
property because their value is different than their neighbors across the street. He suggests, hopes and will work to allow people the maximum freedom to allow them to enjoy their property
in safety and as Jefferson also said, “In their lives and liberties”.
Presentations:
Staff Reports:
Community Development: - Bret Stoddard
Building Official Stoddard reviewed the Building Valuation Report for December of 2019.
Building Official Stoddard reviewed the Yearly Valuation Totals. The county valuation total was also added to the report for the year 2019 because the city was assisting the county with
their building inspections until they hired a building inspector.
Building Official Stoddard reported between all of the different building and planning and zoning permits, 1,092 permits were issued by the Building Department in 2019.
Building Official Stoddard reviewed a summary of the items completed by the Building Department for the year 2019. The old permits are being scanned into Laserfiche to make them more
easily accessible to the public. They have also been using the City Works program to update and finalize projects. The have created reports for the Certificate of Occupancy (C.O.) to
determine the status of each certificate in the building process.
Building Official Stoddard reported Planning and Zoning Coordinator Tawnya Grover and city employee Faron Young have been working on the online public portal through the City Works program.
The public
portal will allow the applicant to fill out the permit application and apply for a permit online. He said currently 63% of the applicants are using the public portal.
Planning and Zoning Coordinator Grover reviewed the steps of how the applicant can apply for a building permit online using the public portal. The public portal is similar to the State
of Idaho’s model.
Council Member Mann asked if the fees for the permit are calculated at the time the applicant has finished filling out the application. Building Official Stoddard replied yes the fees
for the permit are calculated at the end of the application process.
Council Member Busby questioned if the impact fees are calculated for the applicant after the application has been completed. Building Official Stoddard said the impact fee calculations
are available on the website. The public portal is used when the applicant is ready to start the building project.
Building Official Stoddard reviewed the dashboard report with map indicating the types of permits submitted and the location of the permit on the map. He mentioned the dashboard report
is available through the City Works program and has been very beneficial for the Building Department.
Recreation: - Recreation Director Jeff Crowther and Race/Events Coordinator Jon Faldmo
New Race Proposal
A video of the 2019 Rexburg Race Series was viewed on the overhead screen.
Recreation Director Crowther reviewed the number of participants, expenses, revenues and profit for the Teton Dam Marathon. He also reviewed the numbers for the Main Street Mile. These
two races are doing well and he hopes the races will continue to grow in the number of participants. He said he has parents come up to him to express their gratitude for races the city
offers.
Recreation Director Crowther reviewed the numbers for the Youth Triathlon. The triathlon is on its third year and the number of participants has decreased each year. He believes the
number of participants has decreased because of the age requirement. The triathlon is only for participants ages five through twelve.
Recreation Director Crowther said the Recreation Department’s slogan for the race series is “A Race for everyone.”
Council Member Busby questioned the revenue collected for the Youth Triathlon. Recreation Director Crowther said most of the revenue collected for the Youth Triathlon was from different
sponsors. The entry fee for the triathlon was $25.00.
Race Coordinator Jon Faldmo explained he has researched several different races that would fit the city’s race series motto of “A Race for Everyone.” After some discussion, he and Recreation
Director Crowther decide to propose The Foamy 5K to City Council. The race is for everyone including families with small children, teenagers and college students.
A video of a Foamy 5K Race was viewed on the overhead screen.
Race Coordinator Faldmo said there are other cities all over the country sponsoring Foamy 5K races. This type of race has been very popular and successful. He reviewed the proposed race
route for the Foamy 5K Race.
Race Coordinator Faldmo explained the Foamy 5K Financial Forecast, the goals and purpose for the city’s race series.
Council Member Flora asked for the number of participants needed to sign up for the race to make a profit of $8,000. Race Coordinator Faldmo explained the forecast indicates it will
take 200 youth and 400 adult participants for the race to collect a profit of $8,000.
Mayor Merrill indicated there are risks/rewards when introducing a new race. The risk would be a greater loss in revenues and the reward would be a larger number of participants with
an increase in revenues. Race Coordinator Faldmo said the research completed on this type of race indicates a larger number of participant turn out.
Council Member Johnson asked for the proposed registration fees for the race. Race Coordinator Faldmo replied $12.00 for a youth participant and $25 for an adult particpant.
Council Member Busby questioned if the Recreation Department’s Budget has funds available to cover the expenses for the proposed race. Race Coordinator Faldmo said the youth triathalon
sponsors expressed interest in sponsoring the Foamy 5K Race.
Council Member Mann indicated he would prefer items needing budget adjustments be brought to City Council sooner. He would prefer they be part of the department’s budget meeting. He
also questioned if the city has adequate storage to be able to store the items needing to be purchased for
the race. Race Coordinator Faldmo replied yes, there is a shed the city owns where the items would be stored.
Council Member Walker questioned if more sponsors could be obtained to help cover some of the expenses for the race. Recreation Director Crowther said in years past the city’s race series
has received $27,000. This year the city has received a good start in sponsorships for the race series.
Council Member Busby asked if the equipment needed for the race can be rented instead of purchased. Race Coordinator Faldmo said he spoke to a private company that promotes this type
of race and the cost was only 15% to 20% cheaper than purchasing the equipment.
Council Member Busby asked if the private company would be willing to sponsor a foamy race in Rexburg to determine how much interest the race would generate. Race Coordinator Faldmo
said he didn’t believe the private company would be interested in sponsoring a race in Rexburg because of the city’s population they prefer larger populated cities.
Fiscal Year 2020 Foamy 5 K Budget Adjustment
Finance Officer Nielson reviewed the Recreation Budget Adjustment. In order to fund the Foamy 5K Race it would take a transfer of $5,400. from the general fund after collecting $12,000
in entrance fees and $4,000 in donations. The city’s General Fund subsidizes the Recreation Programs by About $100,000 a year; it benefits to minimize the subsidy.
Council Member Busby asked if a City Council decision could be postponed until the Recreation Department receives an answer from the private company if they would be willing to sponsor
a foamy race in Rexburg. Council Member Busby asked for the date of the race. Race Coordinator Faldmo said the race date is set for July 11th.
Discussion regarding renting the equipment for the foamy race and asking a private company to sponsor the race for free. City Council postponed the Recreation Budget Adjustment decision
until the next City Council meeting.
Finance: - Matt Nielson
Annual Street Report
Finance Officer Nielson reviewed the Annual Street Report for Fiscal Year 2019. The report was published in the local newspaper.
Public Works: - Keith Davidson
Public Works Director Davidson reported on the public works projects being completed in the city. The block work is being completed and the roof will be installed soon on the well house
by the Burton Elementary School. On Monday the electrical work will begin on the SCADA System for the Wastewater facility. A public hearing will be held on January 15th to finalize
Local Improvement District 48 (LID) and in February a public hearing will be held to begin LID 49.
Council Member Busby asked if there were any issues with LID 48. Public Works Director Davidson said there were some change orders with fire hydrants and there will be some warranty
work needing to be completed this spring.
Council Member Busby asked about snow removal. Public Works Director Davidson said when the city goes out to plow for snow removal all of the city streets are plowed including residential
streets.
Council Member Walker asked about the traffic light on University Boulevard and Yellowstone Highway the cycle is not working properly. Public Works Director Davidson said the camera
system has not been installed because the camera has not been received.
Mayor’s Report:
Mayor Merrill reported tomorrow morning he and city staff will be on a conference call with the State Legislators regarding broadband legislation being proposed. The legislation will
allow cities to have more authority to operate the broad band similar to a utility.
Mayor Merrill reported he met with 5th grades regarding wheelchair accessibility awareness. The 5th grades are working on a project to promote wheelchair accessibility to businesses
and the city sidewalks.
Public Hearing: NONE
Items for Consideration:
Conditional Use Permit (CUP) Reducing Front Yard Setbacks and Parking for Dormitory in the Pedestrian Emphasis District (PED) #19-00719 – Alan Parkinson
Planning and Zoning Coordinator Grover explained the Conditional Use Permit for reducing front yard setbacks and parking for dormitory in the Pedestrian Emphasis District (PED) and reviewed
a map of the property on the overhead screen.
Council Member Flora said the development will fill a need for our community for non-BYU-Idaho approved housing.
Council Member Flora moved to approve the Conditional Use Permit (CUP) Reducing Front Yard Setbacks and Parking for Dormitory in the Pedestrian Emphasis District (PED);
Discussion: Council Member Busby asked about the conditions the Planning and Zoning Commissioner recommended. Planning and Zoning Coordinator Grover said one of the conditions was storm
drainage will need to be handled on site and the second condition was maneuvering area for two of the parking stalls; Council Member Walker seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Mann
Council Member Busby
Council Member Walker
Council Member Johnson
The motion carried
Ordinance No 1220 Rezone 236, 246, and 264 North 3rd East from Low Density Residential 1 (LDR1), Low Density Residential 2 (LDR2), and Community Business Center (CBC) to Medium Density
Residential 1 (MDR1) #19-00710 – Alan Parkinson
Planning and Zoning Coordinator Grover explained the Rezone at 236,246 and 264 North 3rd East from Low Density Residential 1 (LDR1), Low Density Residential 2 (LDR2), and Community Business
Center (CBC) to Medium Density Residential 1 (MDR1). She reviewed the map of the property on the overhead screen.
Council Member Mann said he attended the Planning and Zoning Meeting and was impressed by the way Planning and Zoning Chairman Rory Kunz conducted the meeting.
Council Member Flora moved to suspend the rules of Ordinance No. 1220 to Rezone at 236,246 and 264 North 3rd East from Low Density Residential 1 (LDR1), Low Density Residential 2 (LDR2),
and Community Business Center (CBC) to Medium Density Residential 1 (MDR1); Council Member Busby seconded the motion; Mayor Merrill asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Mann
Council Member Busby
Council Member Walker
Council Member Johnson
The motion carried
Council Member Mann moved to approve the Rezone 236, 246, and 264 North 3rd East from Low Density Residential 1 (LDR1), Low Density Residential 2 (LDR2), and Community Business Center
(CBC) to Medium Density Residential 1 (MDR1) and consider third read; Council Member Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Mann
Council Member Busby
Council Member Walker
Council Member Johnson
The motion carried
Preliminary Plat – 12th W & Hwy 33 (19-00138) - Mitch Neibaur
Planning and Zoning Coordinator Grover explained the Preliminary Plat at 12th W and Hwy 33 and reviewed the property on the overhead screen.
Council Member Busby asked Mr. Neibaur where he plans to store the snow on his property. Mr. Neibaur said there is an open field to the north of his property where the snow will be stored.
Council Member Busby moved to approve the Preliminary Plat – 12th W & Hwy 33; Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Mann
Council Member Busby
Council Member Walker
Council Member Johnson
The motion carried
Mr. Neibaur complemented city staff for their assistance with all of his questions regarding his development.
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: NONE
Mayor’s Business:
Mayor Merrill reported newly elected City Council Member Johnson will be working on a city events newsletter featured on the city’s website. The purpose of the newsletter is to have
more information regarding the events, volunteer opportunities and recreation programs being offered by the city.
Council Member Flora questioned if more information regarding the city events could be displayed on the city’s website. She would also prefer to see a scrolling page on the main page
of the website with information regarding city events, etc. Race Coordinator Faldmo explained there is a square on the main page that can be changed; however, the square page doesn’t
scroll though the information. Mr. Faldmo said the scrolling page is not a feature offered by the website program.
Discussion regarding the city’s website calendar. Mayor Merrill said Council Member Johnson is open to ideas for the city’s events newsletter.
Mayor Merrill reported he attended an emergency management meeting for elected officials. Robert Kohler is the emergency management specialist for the county and city. They will be planning
a mock disaster event to determine each individual’s responsibility. The mock drill will have an emergency command center.
Mayor Merrill reported the State of the City and Madison County Breakfast will be held on January 29th at the Atrium staring at 7:30 a.m. Council Member Walker and Council Member Flora
said they will not be able to attend the State of the City Breakfast. Mayor Merrill mentioned the Association of Idaho Cities Water Summit and City Officials’ Day at the Capital is
coming up on Thursday, January 23rd.
Council Member Mann said he is recommending for discussion a hands free ordinance for drivers. City Attorney Zollinger explained the city has an ordinance that covers inattentive driving
and the city already issues citations for inattentive driving.
Discussion regarding the cities that have passed a hands free ordinance. Council Member Busby said the Madison High School Students may be completing a project citizen regarding a hands
free ordinance. Council Member Mann indicated the cities which have passed a hands free ordinance to his knowledge have not repealed their hands free ordinance. He said he highly recommends
the city pass a hands free ordinance.
Mayor Merrill said he would prefer more information be gathered before considering a hands free ordinance and if a project citizen is being worked on by the Madison High School Students
and with collaborating information from city staff a more informed decision could be made.
Adjournment 8:47 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, Deputy City Clerk