Loading...
HomeMy WebLinkAboutCouncil Minutes - January 6, 2021 (2) City Council Minutes January 06, 2021 35 North 1 East deborahl@rexburg.org Phone: 208.359.3020 x 2101 st Fax: 208.359.3022 Rexburg, ID 83440 www.rexburg.org 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 Council Member Walker said the prayer. Council Member Johnson 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. 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 Staff Reports: A.Community Development: - Bret Stoddard Building Official Stoddard reviewed the Evaluation Report for the month of December. Council President Busby questioned when remodeling a structure, is it necessary to apply for a permit. Building Official Stoddard explained a permit is needed when there are life safety changes such as egress windows, electrical circuits, any type of plumbing, etc. A resident should call the City Building Department if they are unsure when a permit is needed. Council Member Flora asked if the contractor is completing the work, are they supposed to apply for the permit or is it the homeowner. Building Official Stoddard replied that typically the contractor applies for the permit. Building Official Stoddard reviewed the Yearly Valuation Totals compared to previous years. 1 Council Member Mann asked about the development and building scheduled for the year 2021. Building Official Stoddard said there are several projects already scheduled for 2021, such as apartments being built north of the city and Cal-Ranch moving from their current location to the old Wal-Mart building. Some four-plexes will be built this year. He said that as long as the economy is doing well, there would be development. B.Public Works: Keith Davidson 1.Resolution 2021 – 01 Addendum to Obligation Agreement for Project No A022(451) with Idaho Transportation Department (ITD) for 9 ADA Ramp Improvements Public Works Director Davidson reviewed Resolution 2021-01 the addendum to obligation agreement for Project No (A022(451) with the Idaho Transportation Department (ITD). The American with Disabilities Act (ADA) ramps are located on Highway 33/Main Street. The city will construct the ramps and then be reimbursed for the cost to reconstruct the ramps by ITD. 2 Resolution for Addendum to Cooperative Agreement Project No. A022(451) FY21 Rexburg 9 ADA Ramps, Madison County Key No. 22451 Resolution No. 2021-01 WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Addendum to the Agreement stating obligations of the STATE and the CITY OF REXBURG, hereafter called the CITY, for ADA improvements; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid Highway System; and WHEREAS, the CITY and the STATE are providing funds for this project; and NOW, THEREFORE, BE IT RESOLVED: 1.That the Addendum to the Cooperative Agreement to construct ADA improvements within city limits is hereby approved. 2.That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3.That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. ________________________________ SIGNED BY: Jerry Merrill, Mayor CERTIFICATION: I hereby certify that the above is a true copy of a Resolution passed at a regular meeting of the Rexburg City Council, City of Rexburg, held on January ___, 2021. (Seal) ________________________________ Deborah Lovejoy, City Clerk Council Member Mann moved to approve Resolution 2021 – 01 Addendum to Obligation Agreement for Project No A022(451) with Idaho Transportation Department (ITD) for 9 ADA Ramp Improvements; 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 2.Barney Dairy Road to North Hill Road Path Project Construction Agreement Acceptance with Forsgren Associates as Required by LHTAC Grant Public Works Director Davidson explained the Local Highway Technical Assistance Council (LHTAC) is requiring the city to have a consultant to administer the grant. LHTAC has negotiated an agreement with Forsgren Associates. He said part of the agreement will be paid by the grant, not to exceed $23,668. The city would be paying about 7% of the agreement fee. Council Member Johnson moved to approve the Project Construction Agreement Acceptance with Forsgren Associates as Required by LHTAC Grant for the Barney Dairy Road to North Hill Road Path; 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 3 Public Works Director Davidson said the Street Department is picking up the Christmas trees left on the curb by city residents and taking them to the city’s burn pile. Council President Busby asked if residents can drop off their Christmas trees at the city’s burn pile. Public Works Director Davidson replied yes, city residents may take their Christmas trees to the burn pile. Council President Busby said there are several potholes throughout the city. He asked if potholes can be filled during the winter. Public Works Director Davidson said yes, the potholes can be filled with a cold patch, which is a temporary fix until the summer. Discussion regarding the location of streetlights not working. Public Hearing 6:50 PM: Ordinance No 1250 Intent to Create Local Improvement District 50 (LID 50) and Consider it First Read – Keith Davidson Mayor Merrill explained the public hearing process. 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): Public Testimony opposed to the proposal (5-minute limit): Mayor Merrill read Kevin Shiley’s letter. Public Works Director Davidson clarifed the reason why the two maps were sent to the property owners. One map showed the section of sidewalk, curb and gutter the property owner is responsible for, which has deteriorated and needs replaced. The second map showed the narrowing of street. Council Member Flora asked Public Works Director to address Mr. Shiley’s question regarding parking on his side of the street. Public Works Director Davidson said the consideration is to have parking on the north side of the street because the north side has more sun light during the winter months allowing the snow to melt faster and he believes parking on the north side of the street would be safer than the south side. Clair Harrop asked for the results of the survey that the Park Street residents were asked to take. Public Works Director Davidson replied a total of 14 residents took the survey and out of those 14, nine residents indicated they were in favor of narrowing the road and five indicated they were in favor of leaving the road the same width. Mr. Harrop asked if the assessment sent to the property owners are the costs if the road was to be narrowed. Public Works Director Davidson replied yes, the assessments sent to the property owners are the costs to narrow the road. st Mr. Harrop asked about the August 1 deadline for the property owners to hire a private contractor 4 to complete the work needed on their property. Public Works Director Davidson explained the property owners are only able to hire a private contractor to pour their sidewalks, if the sidewalks are st not replaced by the August 1 deadline then the city would have the sidewalks poured and bill the residents for the cost of pouring their sidewalk. The property owner is not allowed to hire a private contractor to replace curb and gutter when included on a Local Improvement District (LID). Mr. Harrop asked who would be responsible for the cost to replace trees, shrubs and sprinkler systems that are damaged or removed to complete the work. Public Works Director Davidson said the costs to replace those items would be included in the cost associated to each property. The contractor would repair or replace the needed items along the right of way. Mr. Harrop expressed his concerns with property owners having to move their sprinkler systems to accommodate the green strip. Public Works Director Davidson replied the property owners that already have a sprinkler systems will need to pay for the cost to extend their system to water the green strip. nd Mr. Harrop asked for the September 22 City Council meeting minutes. City Clerk Lovejoy said the audio recording for that meeting was difficult to hear. Mr. Harrop said the reason he is asking for those minutes is because he thought the consensus was to leave the curb and gutter as is and only fix the street. Public Works Director Davidson said that after receiving the results of the survey, the decision was made to narrow the road and add the green strips. The narrowing of the road is more cost effective to the property owners. Mayor Merrill closed the Public Hearing for deliberations. Mayor Merrill mentioned the payment options for residents to pay for their LID assessment. Council President Busby mentioned the city’s participation on LID’s have increased which will assist the residents included in an LID. He also believes city staff has been judicious in informing the property owners about their assessments. Council President Busby moved to approve Ordinance No 1250 to create Local Improvement District 50 (LID 50) and consider first 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 Report: Mayor Merrill reported there was a hostage situation at the Police Station. A man was holding a young woman at knifepoint. The police officers on duty were able to talk down the individual and call an ambulance to take him to the hospital for a mental evaluation. Mayor Merrill commended the Police Department for keeping the community safe. Mayor Merrill said he attended East-Central Idaho Planning and Development Association, Inc. Board meeting. They discussed work force development. He also attended an online meeting with Idaho National Laboratory (INL) Local Officials Taskforce, they discussed the many different trades that will be needed to keep up with labor demands at the INL. They are working with the College of Eastern Idaho to start Technical High School Programs. Mayor Merrill said the Regional Economic Development Inc. recently organized a tour for several local officials to go to Georgia to tour Plant Vogtle, which will become the largest nuclear power station in the United States. There are over 8,000 people working on building the plant. The group will be reviewing all of the different processes of obtaining large projects. Mayor Merrill reported on the Ricks Building encumbrance the city has been working on for about five years. Council Member Flora explained that the Ricks Building was built about two feet over the property, which is stopping the city from applying for grants that other cities are able to apply for 5 each year. Some of those grants are worth $300,000. The city has been trying to disencumber the Ricks Building for a long time. Mayor Merrill said he met with Eastern Idaho Community Action Partnership (EICAP) regarding public transportation. A representative from EICAP said they may be able to manage a small public transportation fund for Rexburg senior citizens and handicap residents. Mayor Merrill reported he was on a conference call with Governor Little regarding the Covid-19 vaccines. The vaccines unfortunately are not being delivered at a fast enough rate; it may take two years to have everyone in Idaho vaccinated. Items for Consideration: Calendared Bills and Tabled Items: A.Second Reading: Those items which have been first read: 1.Ordinance No 1246 Local Improvement District 49 (LID 49) Final Assessment Role – Keith Davidson ORDINANCE NO. 1246 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, FOR LOCAL IMPROVEMENT DISTRICT NO. 49 IN REXBURG, IDAHO, FOR THE PURPOSE OF INSTALLING CERTAIN STREETS, CURBS, GUTTERS, SIDEWALKS, AND OTHER PUBLIC FACILITIES AND PARTS THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY, TO BE GRADED, RE-GRADED, GRAVELED, PAVED, RE-PAVED AND OTHERWISE IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, OFFSITE STORM SEWER, WATER AND SANITARY SEWER FACILITIES, STREET LIGHTS AND OTHER PUBLIC FACILITIES AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. Council Member Walker moved to approve Ordinance No 1246 Local Improvement District 49 (LID 49) Final Assessment Role and consider second read; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried th 2.Ordinance No 1249 Rezone 376 West 4 South from Community Business Center (CBC) to High Density Residential 1 (HDR1) Zone #20-00781 – Alan Parkinson ORDINANCE NO 1249 Rezone Approximately 376 West 4 South, Rexburg, Idaho to High Density Residential 1 th (HDR1) 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. 6 th Council Member Flora moved to approve Ordinance No 1249 Rezone 376 West 4 South from Community Business Center (CBC) to High Density Residential 1 (HDR1) 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 B.Third Reading: Those items which have been second read: 1.Ordinance No 1243 Amend Development Code Ordinance 1200 Transitional Agriculture Zones 1 (TAG1) and 2 (TAG2) to Transitional Agriculture (TAG) Zone #20-00821 and other substantive and non-substantive items – Alan Parkinson Council Member Mann said he is opposed to allowing septic tanks on one-acre lots so close to the city limits. There is a reason the city has an Impact Zone one reason being the properties across from the city boundaries could potentially be part of Rexburg. There has been a two-acre rule to keep subdivisions from being on septic tanks. He believe the change from two acres to one-acre lots is a mistake. The environmental impact of septic tanks should also be considered. Council Member Flora asked if septic tanks are allowed in the Impact Zone. Planning and Zoning Administrator explained property in the county that cannot be serviced by the city have a septic tank. There already are Transitional Agriculture Zone properties in the city limits. If and when there is development on these properties they will need to be rezoned. One of the challenges of having a two-acre lot is that only one acre can be watered by well water the other acre will need to be watered by canal water; therefore, two thirds of the property becomes a weed patch. Council Member Flora asked if city regulations apply to the Impact Zone. Planning and Zoning Administrator replied yes city regulations apply to properties in the Impact Zone; however, they are not required to connect to city services. The larger two-acre lots are difficult to redevelop once the property is annexed into the city. Council Member Flora said she is in favor of the one-acre lots. She asked Council Member Mann to clarify his opposition to allowing the one-acre lots. Council th Member Mann said he will use the example of the west side of Valley Wide where 12 West is the dividing road between the city and county. Currently, if a developer desired to develop some of the larger plots into subdivisions, they would probably desire smaller lots and connect to city services, he is in favor of this type of growth. He said having two-acre lots is more difficult to develop; however, allowing the one-acre lots will cause there to be more one-acre lots in the Impact Zone on septic tanks right in the way of the progress of the city. He said another reason for the Impact Zone is so that City Council has input regarding the type of growth around the city limits. City Attorney Zollinger said Transitional Agriculture Zones (TAG) are already available to any developer. The change is taking away the option of having two-acre lots and the city will only administer the one-acre lot or TAG in the Impact Area. A developer desiring to develop a large plot will generally not use the TAG Zone; they will desire to maximize their investment by asking for half 7 or quarter acre lots. The change will also prevent two-acre development around the perimeter of the city. He said the city could recover from one-acre lots because they are known as estate lots; however, the two-acre lots become waste areas when encapsulated into the city because they are difficult to develop. Council President Busby moved to approve Ordinance No 1243 Amend Development Code Ordinance 1200 Transitional Agriculture Zones 1 (TAG1) and 2 (TAG2) to Transitional Agriculture (TAG) Zone and other substantive and non-substantive items and consider third read; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye those voting nay Council Member Flora Council Member Mann Council Member Johnson Council Member Walker Council Member Wolfe Council President Busby The motion carried 2.Ordinance No 1244 Amend Development Code Ordinance 1200 to Repeal Technology and Office Zone (TOZ) #20-00661 and other substantive and non-substantive items – Alan Parkinson Council Member Johnson moved to approve Ordinance No 1244 Amend Development Code Ordinance 1200 to Repeal Technology and Office Zone (TOZ) and other substantive and non- substantive items and consider third 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 rd 3.Ordinance No 1245 Rezone 215, 217, 219 and 225 N 3 W from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) Zone #20-00816 – Alan Parkinson 8 Council Member Wolfe moved to approve Ordinance No 1245 Rezone 215, 217, 219 and 225 N rd 3 W from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) Zone 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: Baseball Project Final Budget Adjustment Request Finance Officer Nielson reviewed the Baseball/Softball Quad Cost Projections-Updated 4/4/21. The items highlighted in yellow are costs that have not been finalized and will need to be paid. Finance Officer Nielson explained the shortfall of -$330,000 will need a budget adjustment from the general fund to complete the baseball quad project. The request is to allow fundraising until the project is complete and to have the budget nessesary so the project continues to move forward. He said if fundraising for the project brings $100,000 then a budget adjustment of $230,000 would be needed; however, if fundrasing doesn’t bring in any funds and the project needs to be completed minus the scoreboard and PA System then budget adjustment needed is $330,000. The budget for the project has not been over spent as of yet because the purchase orders have not been fullfilled and other items needed to have a functioning baseball quad have not been puchased. He said on a percentage bases the project is about 13.8% over budget. 9 Finance Officer Nielson reviewed the Budget Adjustment for the Baseball/Softball Quad Project. Council Member Wolfe asked about the public safety money going into the General Fund. Finance Officer Nielson explained there are two parts to the State Public Safety Funds. The original funds that had to do with the property taxes of 1.7 million dollars were called the Governor’s One Time Tax Credit and these funds will offset the reduction in property taxes the city is going to receive. The tax credit funds will be used as revenue to balance the city budget. In addition to the tax credit funds, the Cares Act had allocated $987,000 to the city. The city applied for and was approved for about $330,000 for qualifying miscellaneous projects related to the Covid-19 Pandemic. When the city made the request for the Public Safety Funds the city only received a certain amount because the state only allocated a certain amount. He said the state has allowed the city to allocate any short fall already there and to take the remaining balance, which is about $600,000. The state has approved the allocated funds; however, the funds have not been received. The city has received the 1.7 million dollars from the states onetime tax credit. Council Member Johnson stated when City Council voted on the 2.1 million dollar budget for this project a year ago there were many promises made at that meeting regarding donations to complete the baseball quad. She said with the project already being over budget and if the donations are not collected, she is not comfortable approving the budget adjustment. The additional funds being requested for the baseball quad could be used for other projects that would benefit a larger majority of residents. Council Member Mann said he understands Council Member Johnson’s concerns; however, he is concerned with the amount of work already completed, to stop the progress of the project would not be beneficial. He is in favor of approving the funds needed to have an operational baseball quad. He questioned if baseball tournaments have already been scheduled for the upcoming season. The 10 cost to maintain the quad is also concerning from purchasing new equipment to hiring additional personnel. Council Member Johnson said she understands the baseball quad needs to be completed; however, the funds to complete the project should come from donations as previously agreed. The baseball quad would not be operational without a scoreboard. Council Member Wolfe said from the beginning the baseball quad project was under funded. Mayor Merrill said he believes the baseball quad will be heavily used. Council Member Wolfe said donations for the baseball quad will continue to be obtained. There are several donors considering the amount they are desiring to donate. There is a bank that desires to pay for the scoreboard. There are other donors desiring to pay for concession stand naming rights. He said the donations may take time to obtain; however, he is confident they will be obtained. Council Member Busby indicated the baseball quad needs to be fully functioning on opening day. Council Member Walker said he agrees with Council Member Busby the baseball quad needs to be fully functional to host the desired number of tournaments and the funds should be made available to complete the quad. Council Member Flora expressed her concerns with approving a budget hoping for donations. She thanked Council Member Wolfe for working hard to obtain donations; it is a difficult task to accomplish. She questioned if City Council approves the needed amount to complete the quad, will donations still be able to be obtained? She said another concern is some of the line items currently listed where not part of the original budget. When the original 2.1 million dollar budget was approved, the bleachers and several other items were not on the list. Finance Officer Nielson said there were $150,000 in contingency to pay for those items. Council Member Flora said if the budget adjustment is approved, there is no guarantee the city will receive any donations. Council Member Johnson asked if the decision to approve the budget adjustment could be postponed until the donations are received. Mayor Merrill said the funds are needed to complete the project. Council Member Walker moved to approve the $1,103,600 Baseball Project Final Budget Adjustment Request; Discussion: Council Member Flora said it is difficult to approve this budget adjustment; however, she will vote aye because Council Member Wolfe will continue to seek donations; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Discussion regarding the use of the Dog Park and the Winter Park at Teton Lakes. Finance Officer Nielson said the outer lights at the Teton Lake’s Club House were changed to LED and give some light to the sled hill. Mayor Merrill mentioned the Arts Department Event - Snowman is an Island th on January 16 at 10:00 a.m. Mayor Merrill mentioned the Fire Department reported the ISO fire insurance rating of three was approved. He said having a good rating with ISO saves every city resident money on their fire insurance. Council Member Walker said there is a major difference between the rating of three and four. He commended the Fire Department for their excellent work in keeping a good rating with ISO. 11 Council Member Mann commended Council Member Johnson for her work on the city newsletter. Mayor Merrill mentioned the Mayor of the City of Teton moved to Utah due to health reasons. Vanessa Josephson was appointed as the new mayor for the City of Teton and Scott Rinehart is the Council President. 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. A.Minutes from December 16, 2020 Meeting B.Approve the City of Rexburg Bills Council President Busby 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 Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Adjournment 8:24 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk 12