HomeMy WebLinkAboutCouncil Minutes - February 03, 2021
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
Finance Officer Nielson said the prayer.
Council Member Flora led the pledge.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Johnson, Council Member Mann, Council Member Walker, and Council Member Wolfe, Council President Busby and Mayor Merrill.
Welcome New City Employees: Police Department Employee - Kenneth Lords (Reserve Officer), Doug Jones - Oath of Office by Stephen Zollinger, City Attorney.
Police Chief Turman explained the difference between a reserve officer and a law enforcement officer. Law enforcement officers are required to attend the Peace Officer Standards and
Training (POST) Academy. The program is about 15 weeks long. Once hired to the Rexburg Police Department, they receive additional benefits offered by the city. A reserve officer attends
a Field Training Program (FTO) offered by the hiring agency, they work part-time and usually come from different law enforcement agencies where they sometimes work full-time. A reserve
officer also needs to be certified POST Level One and they cannot be on duty without a full-time law enforcement officer.
Mayor Merrill asked the new Rexburg Police Officers to introduce themselves.
Kenneth Lords said he worked for the Fremont County Sheriff’s Office as a deputy for four years and before working for Fremont County he worked for Madison County. He grew up in Rigby,
Idaho and lives in Rexburg. He introduced his wife Rachel Lords.
Doug Jones introduced his wife and three children. He was hired to be a full time police officer and he is currently training in the FTO program before attending the POST Academy in
May.
OATH OF OFFICE
I, Douglas M. Jones, do solemnly swear that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, that I will endeavor
to enforce these laws to the best of my abilities, and that I will faithfully discharge all of the duties assigned or requested of me in my capacity as a law enforcement officer for
the City of Rexburg.
_________________ Douglas M. Jones
Subscribed and sworn to before me this 3rd day of February, 2021.
_____________________
Stephen Zollinger
Rexburg City Attorney
OATH OF OFFICE
I, Kenneth Lords, do solemnly swear that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, that I will endeavor to
enforce these laws to the best of my abilities, and that I will faithfully discharge all of the duties assigned or requested of me in my capacity as a reserve law enforcement officer
for the City of Rexburg.
_________________ Kenneth Lords
Subscribed and sworn to before me this 3rd day of February, 2021.
_____________________
Stephen Zollinger
Rexburg City Attorney
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. NONE
Mayor Merrill asked Brett Sampson, Director of University Public Affairs – BYU-Idaho to give an update of the number of students attending the university for the winter semester. Mr.
Sampson said there are over 19,000 students attending this winter semester. There are several hundred more students attending this winter semester versus last year’s winter semester.
He said there are several construction projects taking place at the university. One of the projects is the installation of identification signs.
Mr. Sampson asked the two members of the Student Representative Council (SRC) attending the meeting via Zoom to introduce themselves. Mauricio Morales said he is the director of the
SRC and he is majoring in international studies. The SRC’s purpose is “As the Student Representative Council we seek to develop school culture and represent the voice of the students
by actively participating in administrative councils, understanding the current desires of students, and building disciple leaders.” Joseph Egunjobi said he is also a member of SRC
and is studying business operations
Staff Reports:
Community Development: - Bret Stoddard
Building Official Stoddard reviewed the Evaluation Report for the month of January.
Council President Busby asked about the future plans for the corner lot where Advance Auto Parts was located. Building Official Stoddard said he is not aware of any plans for that space
or building.
Finance – Matt Nielson
Quarterly Dashboard Reports
Finance Officer Nielson reviewed the Dashboard Reports. The Reserves by Type of Purpose Over Time graph under Operations were the blue bar drops down to the red bar. The reason the
reserves drop down is due to the city having to use high cash flow during the first quarter when the
city is not receiving much revenue. The city at the end of January received about 2.4 million in property taxes.
Finance Officer Nielson reviewed the Operating Expenses and Revenues graphs. The graph indicating the Parks/Rec/Arts has a forecast of being over budget because the budget adjustment
for the Romance Theater has not been processed. A budget adjustment for the Romance Theater is need because the remodel was not completed in the prior fiscal year. The Fire is at 31%
in operating expenses due to wildland fire expenditures in that quarter. The operating revenues graph is indicating 5% in property tax. A budget adjustment will need to be processed
for the property taxes. The property taxes are forecasted at about 5.5 million dollars; however, that amount will be reduced by the grant amount received due to the Covid-19 pandemic.
The anticipated grant amount of about 2.5 million dollars was taken out of miscellaneous and put into the Covid-19 Grant fund. He said about 1.7 million dollars of the grant funds replace
the property tax dollars and the rest of the funds are revenue to pay for projects and safety personnel.
Finance Officer Nielson reviewed the Community Growth Building Permit Fees and Permitted Dwelling Units graphs.
Finance Officer Nielson reviewed the Inflation graph and mentioned the estimated amount of the Cost of living Adjustment.
Finance Officer Nielson reviewed the major and minor construction projects to date.
Addition of Police Department Personnel – Chief Turman
Police Chief Turman explained the personnel needs for the Rexburg Police Department and reviewed the event analysis graph from the years 2014-2021. The monthly average is in the orange
bar and the blue bar is the yearly average. The year 2021 consist of only the month of January and the rest of the years are the monthly average of events. There has been a significant
increase of events in January of 2021.
Council Member Busby asked for clarification regarding the type of events the police officers are responding to. Chief Turman replied an event represents anytime police officers are
responding to a call. The calls range from traffic accidents, traffic stops, etc.
Chief Turman explained the number of events during the month of January have largly exceed previous months. He said he is estimating about 11,895 events for the year 2021. The Reserve
Officer Program has been benefical without the reserves the Police Department would not be able to adequately cover the city. The Covid-19 pandemic has made it difficult to have enough
police coverage and so has the number of crimes officers are being called out to handle. There was a recent incident at the Police Department where a man was holding a young lady hostage
by knife point. He mentioned there was another incident at an apartment complete for senior citizens where a suicidal man threated to set off a bomb. Some events take more then one
officer to handle the situation.
Council Member Flora asked if it’s possible the number of events for the month of January is a anomaly and asked to compare the number of events for the months of November and December.
Chief Turman replied the graph doesn’t indicate a per month number of events; however, he will collect the information to send it to City Council for a comparison.
Chief Turman reviewed the Idaho Full-time Law Enforcement Employees by Cities and Counties Counts. The Federal Bureau of Investigation (FBI) recommendation is to have 1.7 full time law
enforcement officers per 1000 population. The population number for Rexburg in the year 2018 was about 28,765 with 1.08 officers per 1000 population. The population has increased in
Rexburg since 2018. The current estimated population for Rexburg is about 35,000 which would change the number officers to .91 per 1000 population. If the estimated population number
is correct, it would rank Rexburg with the lowest number of police officers per 1000 population.
Chief Turman continued to explain the Police Department has not increase its number of officers since 2008 at which time they had 32 full time officers. The Police Department has not
increased the number of full time officers for the last eight years. Council President Busby asked about the partnership between BYU-Idaho and the city. Chief Turman replied back before
the year 2008 when BYU-Idaho was known as Ricks College they had a police department with certified sworn officers and granted police powers from the State of Idaho. In 2008 the Idaho
State Attorney General decided the college could not have a police department with sworn officers due to the separation
between church and state. The college disbanded the police force and hired security officers. The city hired five of the police officers that were previously working for the college
because most of the calls the Rexburg Police Department received were from the college.
Council President Busby asked if the college continued to pay the salary of the five officers the City Police Department hired. Chief Turman replied no the college does not pay the salary
for the five officers the city brought on to the force. The college at that time donate police vehicles and other equipment to the city. Mayor Merrill indicated the university also
donates a generous amount of money to support the city’s Police Department and Fire Department.
Rexburg Police Lieutenant Josh Rhodes explained there are two major concerns he has witnessed due to the shortage in personnel at the Police Department. The first being officer safety
due to the number of calls the Police Department receives. The police officers are overwhelmed especially when the calls require multiply officers. The Idaho State Police (ISP) has
been assisting with calls; however, ISP can’t assist on a daily bases. The second concern is due to the Covid-19 Pandemic causing an even more shortage in personnel. He said many of
the officers are working additional shifts to assist when other officers are out ill due to the virus. The officers working additional shifts are not receiving the much need time off
to recuperate.
Lieutenant Rhodes said the personnel shortage doesn’t allow time for additional training and certification in fire arms, arrest techniques, vehicle operations system, etc. He prefers
to complete the training during work hours and not have to call in officers during their time off to avoid officer burn out. In the last six months the additional training has not been
able to be completed during work hours.
Lieutenant Rhodes mentioned some of the additional calls the Police Department has been include: DUI arrest, illegal drugs possession, property damage and thefts. There is an influx
of people moving to Rexburg from other states and in some cases the people moving here are ex-gang
members. He said for some of these new residents, it’s difficult to escape some of those old habits and they have had run-ins with law enforcement. The increase in population has also
caused the need for additional officers.
Mayor Merrill asked if the overtime paid to police officers who are working additional shifts add up to the cost of hire one additional officer. Chief Turman replied by hire a new officer
the costs in overtime would decrease and those funds could be used to pay for the new officer’s salary. Chief Turman said he too is concerned with police officers feeling burned out
due to personnel shortage.
Lieutenant Rhodes said he takes pride in the Rexburg Police Reserve Program. The reserve officers come from other law enforcement agencies and most of them end up being hired full time
by the Rexburg Police Department which in turn causes a shortage in reserve officers.
Finance Officer Nielson reviewed the cost for future police personnel needs by fiscal year 2022 and budget adjustment. The estimated cost to hire a patrol officer with a POST certificate,
a patrol officer still needing to complete POST and a support logistics-civilian would be $249,054 per year. He mentioned the cost savings in overtime, reserve officers, Madison Memorial
contract and savings from a retiring detective of about $56,300. The cost to hire one POST Certified Officer from February through September of fiscal year 2021 is about $74,000.
Council President Busby asked Police Chief Turman if he is requesting approval for all three positions. Chief Turman said he is requesting one full time POST certified police officer;
however, in October of fiscal year 2022 he will be requesting additional personnel. Council Member Johnson asked if the information Council Member Flora requested regarding the number
of events for the months of November and December to compare them to the month January could be reviewed before considering a decision.
Mayor Merrill recommended when considering the budget adjustment to hire a new patrol officer, it should be made based on all of the information presented tonight. The Police Department
has not
add a new position in several years. Mayor Merrill said he believes, it would be wise to hire a new officer as soon as possible to aid in the current shortage of personnel. Council Member
Mann said he agree with Mayor Merrill a decision should be considered tonight. The funds are available in contingency to hire a new patrol officer.
Council Member Flora requested the number of events per month for Rexburg and how those numbers compare to other cities be presented during the city’s budget process. While the city
may have the lowest number of officers per 1000 population, it could mean a lower number of events.
Council Member Flora moved to approve the Budget Adjustment to hire a new POST Certified Police Officer; Council Member Walker 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 President Busby asked Chief Turman if he has someone in mind to fill the new position. Chief Turman said there are several potential hires with in the reserve division.
Discussion regarding the discouragement of gang activity in the city. Lieutenant Rhodes referred to ex-gang members moving to Rexburg to start a new way of life and how difficult it
is for some to change their behavior causing domestic disturbances. Lieutenant Rhodes said the Police Department works well with the prosecuting attorney. He believes the prosecutor
is firm and willing to offer the many programs available to assist the person being prosecuted. He has seen issues with jail restrictions due to the Covid-19 Pandemic; for example,
if someone is stopped due to driving under the influence that person would go to jail. Currently, due to the restrictions they are having to let people go without having to go to jail.
They are only taking violent offenders and felony charges to jail.
Public Works: - Keith Davidson
Smith Park Well Abandonment
Public Works Davidson reviewed the bids received to abandon the Smith Park Well. The well is shallow and has not been used for a long time. He said High Plains Drilling had the low bid
and recommended they be awarded project.
Council Member Flora moved to approve the low bid of $15,000 from High Plains Drilling for the Smith Park Well Abandonment Project; 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
Resolution No. 2021 – 02 Extending Rexburg Madison Airport Board Member Terms of Service During Airport Relocation
Public Works Director Davidson reviewed the Resolution No. 2021 – 02 Extending Rexburg Madison Airport Board Member Terms of Service During Airport Relocation. Council Member Johnson
asked if the terms of service will be re-implemented once the airport is relocated. Public Works Director Davidson replied yes the term limits will be reinstated when the process of
relocating the airport is complete.
RESOLUTION TO EXTEND REXBURG MADISON AIRPORT BOARD MEMBER TERMS OF SERVICE DURING AIRPORT RELOCATION
Resolution 2021 - 02
WHEREAS, on the 6th day of January, 2021, the Rexburg Madison Airport Board, hereafter called the Board, met and requested an extension for the terms of service during the Rexburg Madison
Airport Relocation Project to the City of Rexburg, hereafter called the City; and
WHEREAS, the current Board has institutional knowledge of the Airport Relocation Project; and
WHEREAS, the loss of institutional knowledge from the existing board members may be detrimental to the Airport Relocation Project; and
WHEREAS, the timeline of the Airport Relocation Project may extend past all current board member terms of service according to the Board’s bylaws;
NOW THEREFORE, be it resolved by the Mayor and the City Council the following:
Current Board Members may extend terms of service to retain institutional knowledge until the Rexburg Madison Airport Relocation Project is completed or terminated. The Board will then
return to the regular orderly rotation as described in the Board’s bylaws.
RESOLVED this 3rd day of February, 2021; by the City Council, City of Rexburg, Idaho.
________________________________
SIGNED BY: Jerry Merrill, Mayor
________________________________
ATTEST: Deborah Lovejoy, City Clerk
Council President Busby moved to approve Resolution No. 2021 – 02 Extending Rexburg Madison Airport Board Member Terms of Service During Airport Relocation; 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 Flora mentioned the potholes on Main Street need to be repaired. Council President Busby said it’s important for the city residents to know Main Street and portions of
2nd East are part of a state highway; therefore, maintained by the state. Council Member Johnson asked if the city is allowed to fill those potholes when the state hasn’t. Public Works
Director Davidson indicated yes the city has assisted the state will fill potholes; however, the fill is temporary due to the low temperatures the fill will not adhere.
Discussion regarding potholes throughout the city. Mayor Merrill said it’s important to encourage drivers to use caution when following other vehicles to avoid hitting a potholes at
high speeds.
Mayor’s Report:
Mayor Merrill reported the City Economic Development Department has been working on a project to rebrand the city. Currently, the city is known as America’s Family Community and they
are deciding whether to continue with that name or change the name. A BYU-Idaho student group will be assisting the Economic Development Department with the rebranding project.
Mayor Merrill mentioned City Staff and the Eastern Idaho Community Action Partnership Board (EICAP) continue to work on the possibility of offering public transportation for senior citizens
and disabled city residents.
Mayor Merrill encouraged everyone to continue with the Covid-19 Pandemic measures. He understands some may be tired of the measures; however, the number of cases have continued to increase
with over one hundred active cases. There is positive news, the number of hospitalizations and deaths related to the pandemic have decreased.
Council Member Mann encouraged all of the City Council Members to visit the Association of Idaho Cities website to review all of the bills before the Idaho State Legislators. He said
many of the bills being considered affect cities, urban renewal, taxation, business regulations and school districts. Mayor Merrill mentioned the importance of contacting the state
legislators when a bill is being proposed so they are aware of how cities or state residents perceive the bill.
Council Member Wolfe reported there is an official sponsor for the baseball quad. The Cichos Foundation representing the parents of Trent Cichos. The foundation is going to donate $150,000.
Items for Consideration: NONE
Calendared Bills and Tabled Items:
Second Reading: Those items which have been first read:
Ordinance No 1248 Amend Development Code Ordinance 1200 Planned Unit Development (PUD) Requirements #20-00851 – Alan Parkinson
Council Member Johnson moved to approve Ordinance No 1248 Amend Development Code Ordinance 1200 Planned Unit Development (PUD) Requirements and consider second 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
Ordinance No 1251 Amend Development Code Ordinance 1200 Design Standards, Landscaping, and Screening #20-00705 – Alan Parkinson
Council Member Mann moved to approve Ordinance No 1251 Amend Development Code Ordinance 1200 Design Standards, Landscaping, and Screening and consider second 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 Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Ordinance No 1247 Rezone Approximately the Corner of Moody Rd and North 2nd East from Light Industrial (LI) to Community Business Center (CBC) Zone #20-00606 – Alan Parkinson
ORDINANCE NO 1247
Rezone Approximately the Corner of Moody Rd and North 2nd East Rexburg, Idaho to Commercial Business Center (CBC)
AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN
REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
Council Member Walker moved to approve Ordinance No 1247 Rezone Approximately the Corner of Moody Rd and North 2nd East from Light Industrial (LI) to Community Business Center (CBC)
Zone and consider second 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 1252 Rezone All Parcels in City Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) Zone #20-00914
– Alan Parkinson
ORDINANCE NO 1252
Rezone Certain Parcels within City of Rexburg Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG)
AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN
REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
Council President Busby moved to approve Ordinance No 1252 Rezone All Parcels in City Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional
Agriculture (TAG) Zone and consider second 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 Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Third Reading: Those items which have been second read:
Ordinance No 1250 Intent to Create Local Improvement District 50 (LID 50) – Keith Davidson
ORDINANCE NO. 1250
AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 50; DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR
THE IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER TO PREPARE THE NECESSARY PLANS AND SPECIFICATIONS FOR THE WORK; AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID WORK AS AUTHORIZED
BY LAW; PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITTED THEREBY AND THE METHOD OF ASSESSMENTS;
PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE.
Council Member Wolfe moved to approve Ordinance No. 1250 to Create Local Improvement District 50 (LID 50) and consider third read; Council Member Walker 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
Mayor’s Business:
Consent Calendar: The consent calendar includes items, which require formal City Council
action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion
in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items.
Minutes from January 20, 2021 Meeting
Approve the City of Rexburg Bills
Council Member Flora moved to approve the Consent Calendar containing the minutes and city bills; 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
Adjournment 8:08 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, Deputy City Clerk