HomeMy WebLinkAboutCouncil Minutes - August 18, 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
Executive Session: Roll Call Vote for Motion to Enter into Executive Session per Idaho State Statute 74-206(1) (f) To communicate with legal counsel for the public agency to discuss
the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel
at an executive session does not satisfy this requirement.
Council Member Wolfe moved to go into Executive Session: per Idaho State Statute 74-206(1) (f) To communicate with legal counsel for the public agency to discuss the legal ramifications
of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session
does not satisfy this requirement; Council Member Walker seconded the motion; Council President Busby asked for a roll call vote:
Those voting aye Those voting nay
Council Member Mann None
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried.
Executive Session Started at 4:30 P.M.
Executive Session Ended at 5:00 P.M.
5:00 P.M. Joint City Council & County Commissioner Work Meeting and Social
Airport Snow Removal Grant Application Approval – Keith Davidson
Economic Development Director Johnson reported according to the Census Madison County is the fastest growing county in the State of Idaho. The current official number of residents is
52,913. The City of Rexburg is the fourth fastest growing city in the country with a total of 39,409 residents. The married student population is severely under counted. There could
be an adjustment made by the Census; however, meeting with a Census representative will take time possibly into the next year.
Economic Development Director Johnson explained Madison County didn’t indicate under growth similar to the city which it should have. He believes the county is under represented in the
number of residents. County Commissioner Mendenhall asked when the Census count becomes official. Economic Development Director Johnson said not until September 30th.
Discussion regarding the number of newly hired police officers and Sheriff Deputies. Economic Development Director Johnson said by the time the next Census is performed this area will
no longer be rural it will be an urban or metropolitan area. The change will allow the city to apply for additional federal
funding; however, not until the next Census. The fastest growing counties in Idaho are Ada, Kootenai, Canyon and Madison.
County Commissioner Mendenhall asked for a heads up on potential annexations. Mayor Merrill said he and County Commissioner Doug Smith met with Mayor Adams of Sugar City to discuss the
north impact area.
Discussions regarding potential business coming to Rexburg including several car wash businesses, companies looking for office space, etc. Economic Development Director Johnson reported
on the city’s efforts to create a broad band network.
County Commissioner Todd Smith mentioned Madison Memorial Hospital in looking to build a 12 unit Behavioral Health Center. There is a need for the Behavioral Center; however, the center
is a large expense. The center will be open in September using an underutilized wing at Madison Memorial Hospital and the renovations for the wing were about 2.3 million dollars. A
grant will be applied for the Behavioral Health Center and the hospital has asked the county and city to match some of those grant funds. He said some of the counties that have pledge
funds for the center are Fremont and Jefferson.
Public Works Director Davidson reported there is a need for snow removal equipment at the airport. He is recommending a tractor with snow blower, broom and blade attachments be purchased.
The grant would be funded 100% through the FAA so a match would not be required.
Council Member Walker moved to approve the Airport Snow Removal Grant Application; Council President Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Council Member Mendenhall moved to approve the Airport Snow Removal Grant Application; Council Member Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
County Commissioner Mendenhall None
County Commissioner Todd Smith
County Commissioner Doug Smith
The motion carried
Public Works Director Davidson reported on the airport reclocation and the mitigation of the sage grouse in the proposed location area. Discussion regarding lowering speed limit in the
Hibbard Area. The speed limit is currently at 50 mph. Public Works Director Davidson said a traffic study will be completed to determine the appropriate speed limts.
Discussion regarding the new landfill for Madison and Fremont counties.
6:30 P.M. City Hall
Council President Busby said the prayer.
Council Member Johnson led the pledge.
Roll Call of Council Members:
Attending: Council Member Johnson, Council Member Mann, Council Member Walker, Council Member Wolfe, Council President Busby and Mayor Merrill.
Council Member Flora asked to be excused.
Welcome New City Employee: Tyson Ostberg – Engineering Technician
Mayor Merrill asked Tyson Ostberg to introduce himself. Mr. Ostberg said he grow up in Chester, Idaho. He looks forward to working for the City of Rexburg and serving the citizens of
Rexburg.
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.
Steve Oakley read his written comment:
The Institute for Justice is a national law firm that litigates on behalf of small business owners being denied their basic economic rights by burdensome regulation. One recent case
is that of Abdallah Batayneh, a Jordanian immigrant and entrepreneur seeking to open a small shuttle service in Steamboat Springs Colorado. Unfortunately, Colorado has a protectionist
law called “Certificate of Need” that allows certain existing businesses the ability to determine “need” in a specific region, and veto power over potential competitors entering the
market. The two existing shuttle companies in Steam Boat Springs objected and denied Abdullah from competing in the market. To the average citizen, this is an obvious example of a legal,
regulatory cartel that needs to be dismantled. But there are less obvious, more subtle regulatory barriers with the practical effect of keeping out potential competitors or at least
making entry into the market, incrementally more discouraging. Visiting the Institute for Justice web site, one can see the numerous cases throughout the country, where established
businesses petition local governments to “do something” about home businesses, hair braiders, and you guessed it, Food Trucks.
And what about Rexburg? The Rexburg City staff and Planning and Zoning Committee, working hand in glove, are now finishing a draft amendment for you, the Rexburg City Council to vote
on. Let’s have some back ground. A few years back, two wealthy, influential business owners wrote a letter of complaint to Mayor Richard Woodland, asking the city to “do something”
about the food trucks in Rexburg. It seems that these established business men, who had name recognition and access to millions of dollars of capital, felt that the food trucks, whose
entrepreneurial owners are typically on site, self-financed, and under-represented in city government, were competing unfairly in a very competitive Rexburg food market. Though no one
bothered to ask the Food Truck operators or the customers who voluntarily purchased their food, if they were unfairly advantaged, the city sprang to action to correct this injustice.
Subsequently, this issue continues to be reprised by other disgruntled business people, getting oversized consideration from agreeing city officials, who claim that “we need a fair
playing field”. Isn’t it ironic that, in spite of the fact, that the city, unjustifiably and arbitrarily forces food trucks to move locations every six months, that they, the Food
Truck operators, have been able to freely, voluntarily contract with private property owners, without major incident or complaint from customers and employees for the last 15-20 years?
Yet established competitors and city officials feel compelled to define what a food truck is, where they can conduct business, who they can contract with, their season of operation,
the condition of the property they sit on and the placing of a rest room, permanent or otherwise.
It is a confounding mystery how, for the last 15 years, the market has determined the success or failure of a variety of food trucks in Rexburg without the over-seeing hand of the government
forcing compliance of any of these regulations. Beware that any time the government wants to define something, it is preparing to drive the cost up, drive potential competitors away,
and keep those with weak stomachs and faint hearts in the ranks of the underclass. But if The City of Rexburg decides to spend more valuable resources, writing, compiling, arbitrating,
administrating and enforcing more and more regulations, we are only seeing the tip of the iceberg as every other business is perfectly in its right to “level the playing field”. Mitch
Loveland and David Taylor could seek to have requirements for at least two used car lots that come to mind. One used car sales office has been sitting on blocks for the past several
years at the same location and neither of these two used car lots have toilets. Mayor Merrill could get busy crafting rules governing part time lawn mowing businesses. These busy, hardworking
mowers operate out of their homes, hire young kids who work around dangerous chemicals and machinery, and who knows if they use proper protective wear or get paid under the table. Given
the proposed Food Truck rules, one wonders what regulation governs Madison School District use of “temporary” class buildings sitting outside the “brick and mortar” Middle School and
Hibbard Elementary buildings. If we removed the skirts around these temporary structures, would we find them sitting on a metal trailer frame with wheels? For all intents and purposes
these are permanent structures given the amount of time they have been in place. And shouldn’t we be concerned about Home Schoolers and the non-Government approved thoughts that parents
may put into their children’s malleable minds? Rounding out this short list of un-regulated oversights, might I add that there are several mobile auto detailers that clean cars outside,
in driveways, in parking lots, taking up valuable space in areas designated, by regulation, for parking cars, while flushing contaminants down the city sewer. The city should designate
a detailing lot, of course chosen by a committee of citizens who have no financial stake in the operation, but given that any assigned committee member has been on this regulatory board
for two weeks, is now perfectly capable of
deciding the financial future of the privileged few detailers allowed a reserved spot. Yes, there will be a required toilet built there.
What these wealthy, influential business men should have done, and what all of us should do, is not to ask for more anti-competitive, anti-business, anti-wealth, anti-freedom regulations,
rather we should all be pressing those we elect, to dismantle, without excuse, the massive compilation of regulatory burdens that harm all classes of people. Rather than copy and paste
what other cities are doing, Rexburg should be the shining example of the most business friendly, least regulated city in the country. America’s Family Community should allow all families,
regardless of status, the right to pursue their own economic happiness, however they see fit.
In 2004 Julio Ortiz opened Tacos Izcalli at Horkley’s (what is now Great Scotts) north location. A few years later Julio moved to Idaho Falls because of what he told me was an unfriendly
Rexburg policy of forcing him to move every six months. Julio has stayed in the same Broadway Street location with The City of Idaho Falls requiring only a business license, until
2019, more than ten years later, he has added a second location to better serve his customers, all without The City of Idaho Falls saying one word.
Do we really need to wait to see what’s in this new regulation? We already know, each one of us, that it will be damaging to existing businesses and damaging to potential fledgling businesses
who will find it that much harder to enter an already competitive market, and not to mention the additional cost of administration and enforcement for the city. I have taken more than
three minutes to stand against this regulation, because I know that many more hours have gone into crafting it with what I suspect was little opposition.
Not so long ago I stood at this same spot to petition, as I often do for a smaller government footprint and was asked by then councilwoman Sally Smith, if I thought it was difficult
to do business in Rexburg……
Justin Alexander expressed his concerns regarding the main water line brake that flooded his basement. He asked for a meeting with City Council to discuss the insurance coverage to replace
damaged furniture and other items. He said the costs to replace the damaged items should be at a minimum to the residents affected by flooding. Mayor Merrill said he met with city staff
and City Council to discuss the options available to make the residents affected by the water line brake.
Amanda Dingess as a former employee of Mercer Strategic Alliance, Inc. a business specializing in traffic safety consultations feels obligated to inform the City Council of the line
of sight issue at the intersection of W 1st N. and N. Center Street. She handed out pictures of the intersection.
Mayor Merrill said he will inform the Traffic and Safety Committee of Ms. Dingess concerns and the Engineering Department.
Committee Liaison Assignments for 2021:
A. Council Member Mann: M.E.P.I. · Legacy Flight Museum
Council Member Mann reported M.E.P.I. and Legacy Flight Museum Committees have not met.
B. Council President Busby: Cultural Arts/Museum Events · School Board · M.U.S.I.C.
Council President Busby reported the School District had a very successful Celebrate You Event. The Cultural Arts Director Jed Platt is out of town so he was unable to obtain a report
on the art events for the city.
C. Council Member Walker: MYAB · Traffic & Safety
Council Member Walker reported the Mayor’s Youth Advisory Board will not met until September after school starts. The Traffic and Safety Committee has not met.
Council Member Johnson: Trails · Beautification · Free Clinic Board
Council Member Johnson reported the trail being constructed behind the Jr. High school is near completion. She was informed by the county that they would be mowing down the weeds on
12th West. The Beautification Committee has not met; however, a group of BYU-Idaho students held an Eagle Park Clean up event.
Mayor Merrill mentioned the replacement of the slide tower stairs at Rexburg Rapids. The stairs at each of the landing sections are bowed and the other steps are worn. He will meet
with city staff to determine the work needed to fix the stairs.
E. Council Member Flora: Parks Committee · Urban Renewal Agency
Council Member Flora did not attend the meeting.
F. Council Member Wolfe: Airport Board · Golf Board
Council Member Wolfe reported the Airport Board has not met. Golf Board met, the new sign for Teton Lakes has been ordered. The concrete was poured for the new deck stairs. They discussed
fees for the upcoming year. There are several maintenance issues one being the sprinkler systems at the golf courses. Mayor Merrill mentioned a possibility of building an ice skating
rink at Teton Lakes this coming winter.
Staff Reports:
Finance: - Matt Nielson
Finance Report
Finance Officer Nielson reviewed Budget Summary Report Operating Expenditures.
Finance Officer Nielson reviewed Budget Summary Report Operating Revenues. The city received several large payments one being the Covid-19 Relief Grant Funds and the other was a large
property tax payment.
Finance Officer Nielson reviewed the Cash and Investment Report.
Finance Officer Nielson reviewed the Treasure’s Expenditure Report.
Motion to Ratify Adoption as of May 1st, 2021 City of Rexburg Self-Funded Health Plan Trust Agreement
Finance Officer Nielson reported there has been discussion regarding the city switching to a self-funded Health Plan Trust for several years. The first step in having a self-funded Health
plan is to have a trust agreement. He is recommending the trust be formed. Currently, they are completing market checks on the rates to determine what the rates will be in the year
2022. He said Blue Cross of Idaho’s premiums were substantially high and did not decrease as desired. Once it is determined the city will have a self-funded health plan a financial
institution will be chosen and funds in the savings account will be moved into the health plan account. The trust would have three city employee representatives. The three employees
that have been designated are Human Resource Director Terri Hill, City Engineer Justin Beard and himself.
Council President Busby expressed his concerns with the city being self-funded. Finance Officer Nielson said there is a learning curve to the self-funding health plan. A board would
be created that oversee the investment and procedural aspects of the plan. A fidelity bond will need to be purchased for the three board member and the administrator.
Discussion regarding the procedures and process of a self-funded health plan.
Council Member Mann asked for the cost associated to form the trust. Finance Officer Nielson replied an invoice has not been received from the trust company.
Council President Busby moved to ratify the Adoption of City of Rexburg Self-Funded Health Plan Trust Agreement as of May 1st, 2021; Council Member Johnson seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Public Works: - Keith Davidson
Surplus 1919 American LaFrance Fire Truck
Public Works Director Davidson said the LaFrance Fire Truck was station in front of the Fire Station before it was moved to the Legacy Flight Museum.
Council Member Walker moved to approve to surplus the 1919 American LaFrance Fire Truck; Council President Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Annexation Request Heads Up – Moody and N 2nd E
Public Works Director Davidson reviewed the maps of the properties requesting to be annexed into the city. The Johnson property was purchased by the city and needs to be annexed into
the city.
Public Works Director Davidson reported on the Angela and Chad Street Project scheduled for next year. When considering the lower of the two options to narrow the road or keep the road
same for someone of the property owners the costs are less to narrow the road and for others the cost is less to leave the road the same width. The city could cover the increased difference
in costs for those properties that have an increase due to the narrowing or leaving the road the same width. A neighborhood meeting is scheduled for the end of September to determine
whether to narrow the road or leave the same.
Mayor Merrill said a neighborhood meeting will be scheduled regarding the water line brake that caused flooding in some of the Park Street resident homes. Public Works Director Davidson
said it will take time for the insurance adjuster to complete the adjustments.
Mayor’s Report:
Mayor Merrill reported he attended a Water Users Conference in Island Park, Idaho. The water supply for the different states is intertwined and an issue for most. The city of Rexburg
is fortunate for securing the city’s water rights. Some of the city water rights are old which put the city in a more favorable situation.
Mayor Merrill reported the City of Rexburg will be the Capital for the day with Governor Little and several representatives in attendance.
Items for Consideration: NONE
Calendared Bills:
Second Reading: Those items which have been first read:
Ordinance No 1262 Fiscal Year 2021 Budget Amendment
ORDINANCE NO. 1226
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING
ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE TO THE HEIGHT OF FREE-STANDING SIGNS WITHIN US HIGHWAY 20 INTERCHANGE BOUNDARIES
TO INCREASE FROM FORTY (40) FEET TO FIFTY (50) FEET FROM GROUND LEVEL TO TOP OF THE SIGN; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE.
Council Member Wolfe moved to approve Ordinance No. 1262 Fiscal Year 2021 Budget Amendment and consider second read; Council President Busby seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Third Reading: Those items which have been second read: NONE
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 August 4, 2021 Meeting
Approve the City of Rexburg Bills
Council Member Johnson moved to approve the Consent Calendar containing the minutes and city bills; Council Member Walker seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Adjournment 7:35 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Marianna Gonzalez, Deputy City Clerk