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HomeMy WebLinkAboutCouncil Minutes - September 01, 2021 1 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 Prayer – Alisha Tietjen Pledge – Jordan Busby Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Walker, Council Member Wolfe, Council Member Mann, 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. Reuben Miller stated that laws and codes come from morals and values. He does not think morals are being followed in Planning & Zoning meetings. He has brought these issues to city council before, but nothing has been resolved; in fact, they have gotten worse. He shared a scripture from D&C 121:37 “When we undertake to cover our sins, or to gratify our pride, our vain ambition, or to exercise control or dominion or compulsion upon the souls of the children of men, in any degree of unrighteousness, behold, the heavens withdraw themselves; the Spirit of the Lord is grieved; and when it is withdrawn, Amen to the priesthood or the authority of the man.” Mr. Miller believes unrighteous dominion is being exercised on the people. The people are having their property rights stolen from them, having false witness talked about them and freedom of speech taken away. Leaders are tabling issues and then passing them when most people can’t be there. Right of ways for irrigation ditches have been stolen from him so he can’t get the surplus water off his farm. The city violated state law by not having a signature from the canal company showing that the developer had a right to cover his ditches. Mayor Merrill tried to explain that this isn’t true and that the city follows the statutes of the state. Mr. Miller said there is a vindictive nature in the city. For example, he believes the city has intentionally made it impossible for mobile food trucks to do business. Mr. Miller continued, stating that Planning & Zoning voted in violation of a conflict of interest. Developers are on the board and shouldn’t be voting for some things due to a conflict of interest. The city has stolen water rights by stopping people from getting surplus water off their property. He will get an attorney if necessary. Mayor Merrill stated that he has talked to a state legislator and believes the city is not in violation. Dianna Thomason is concerned with the alley that runs along the south side of city hall. She has just opened a short-term rental there; however, the apartment has no address. The access to the building is in the alley but the mail is delivered on Main Street. It is not possible to drop a Google pin because there is no address. She is concerned for the safety of her tenants; they would be in danger if there was an emergency because no one would be able to find the place. She would like the alley to get a name so they will have an actual address. There are other businesses located there that would also like the alley to have an address. There are three apartments that share the same staircase. Council Member Mann agrees that all short-term rentals should have an address that can be found by emergency services. Brett Jensen spoke in support of Reuben Miller’s concerns. He said the Planning & Zoning Committee tabled the 7th North water issues at one meeting and then wouldn’t allow discussion about it at the next meeting. A storage unit was flooded recently because the ditch that was being used for relieving water over- 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x 2101 Fax: 208.359.3022 deborahl@rexburg.org www.rexburg.org City Council Minutes September 1, 2021 2 flow was covered up by the developer. Mayor Merrill questioned why the people irrigating their property can’t manage the water so that it doesn’t overflow. Mr. Jensen explained that it takes an hour and a half for the water to drain once you shut the headgate so it’s difficult to judge. The city was supposed to bring in another ditch, but nothing has been resolved. Mayor Merrill believes when the new plat for that area comes forward the issues will be resolved at that time. The city really has nothing to do with the water. Mr. Jensen said the 7th North area is getting overrun by apartments. Stonebridge street is getting overloaded with cars parking there. Dogs are also an issue. They run all over the church grounds. They need a dog park. The new apartments are built terrible like there was no regulations. To build a home it takes and act of congress but not to build and apartment. He would like to see nice homes around the church and the apartments built elsewhere. He believes the ditch was closed illegally. Dale Jeppesen stated that the letter the city received from Connect Engineering has his name on it as giving permission to close the ditch, but his words were taken out of context. He doesn’t use the ditch but owns ground up to it. He is on the water board but does not agree with the letter that says he gave permission to close the ditch. He doesn’t have any right to say such a thing. The people who use the ditch have the right to say what happens to it. With the ditch blocked, homes will get flooded. Mayor Merrill asked how long the ditch has been filled in? Mr. Jeppesen said it was closed in 2019. Irrigating has been difficult since. The length of time to water a field varies; sometimes it may take 6 hours and another time it might take 24 hours. Some areas have flooded five times this summer. That ditch must have an outlet. Planning and Zoning Director, Alan Parkinson, said the water issue was with Centennial Apartments. The other parcel is separate. Mr. Jeppesen wants his name taken off the engineer’s letter. Director Parkinson said it has been clarified. Mr. Busby also wants clarification that the meeting referred to in the letter was a Planning & Zoning meeting, not a City Council meeting. Staff Reports: A. Museum of Rexburg – Alisha Tietjen 1. End of Season Report Museum Curator, Alisha Tietjen reported on the past season. They had the biggest summer they have ever had. They had 1,586 admissions and made $33,810 in four months. The new Escape Room made $2,307 and had 340 people come. The gift shop did well; top seller was the suckers. They sold out of Teton Flood books. The gift shop doubled the full year sales of 2019 in just 4 months. Curator Tietjen showed pictures of the Escape Room. It will stay open through October due to high demand. 3 Curator Tietjen said they have been working on the photo archives that they received a grant for. They have scanned and archived 1,216 hard photos. They are still scanning about 1,000 slides and doing digital backups of all photos. They have updated several displays and remodeled the entry to open up the whole area. They have added new flooring and a new children’s area. They were gifted four glass, display cases by the Siepert family. The antique tapestry restoration is finished and framed. Curator Tietjen added that they have increased their social media advertising and gained thousands of followers on Facebook and Instagram. One of the staff member has been doing research on Carlson Avenue and the Romance Theater. She and Director Platt met with the State Historical Preservation Office to discuss things they can be doing to preserve their artifacts and history. They participated in Celebrate You and had a booth for the kids to do a turkey shoot and ball pit scavenger hunt. Future plans call for a 911 memorial exhibit, Experience Rexburg, history scavenger hunt, quilt show, discover Rexburg stories, etc. They are applying for a grant for more escape room kits all about Rexburg history and Idaho history. Each kit costs $115 to create. Council Member Flora commented that the escape room is amazing. Her family did it when the museum was doing beta testing before opening the room to the public. B. Finance – Matt Nielson 1. Review Fiscal Year 2022 Final Proposed Budget and Ratify Public Hearing Date of September 15, 2021 Chief Financial Officer Nielson indicated that there were some changes to property taxes this year, so they underestimated the total revenue by $345,000, mainly from the new construction from the past year. He proposed some changes for fiscal year 2022 budget which includes reducing the amount taken out of the reserves and removing all franchise fees out of the general fund and into the streets fund. Officer Nielson would like to replace Ordinance 1261 with a new ordinance showing the changes. It will need to be passed and third read so he can certify it on 4 time. Officer Nielson asked for councils’ approval to set the public hearing for September 15, 2021. Council President Busby moved to set the Fiscal Year 2022 Final Proposed Budget Public Hearing Date for September 15, 2021. Council Member Johnson seconded the motion. Council Member Mann has concerns. The budget has already been set. Just because we will end up with more money does not mean we have to spend it. Maybe we should give a tax break to residents instead. He is not totally in favor of the proposed changes. Council Member Flora said we are behind ten years on our streets so the money would help make necessary road repairs and return reserves back to where they should be. 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 Member Flora Council President Busby The motion carried. Council President Busby asked Officer Nielson about the new part-time position in finance. Officer Nielson explained that the Finance Department usually has interns that help but, with the new software system that will take time for the staff to get familiar with and Accounts Payable and Receivable being overwhelmed, they would like to have a permanent part time person who can serve as back up for all the positions in Finance. Council President Busby asked if people are being cross trained. Officer Nielson said yes, all positions are cross trained. C. Public Works – Keith Davidson 1. Wastewater Various Location Repairs Project #WW-05-21 Bid Acceptance Public Works Director Davidson presented the bids for the wastewater repairs, project #WW- 05-21. There was one bid from Vanguard for $78,258. They cut back on some of the hired-out work and will have staff do the work. Council President Busby asked how fast it can be done. Director Davidson explained that they have been trying all summer to get bids on this project and now that they have someone, they will move on it quickly. Kelly McKamey asked why they haven’t been able to get bids. Director Davidson said everyone is busy. Council President Busby moved to award the low bid of $78,258 to Vanguard for Wastewater Various Location Repairs Project #WW-05-21. 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 Member Flora Council President Busby The motion carried. 2. Well House Fencing Bid Acceptance 5 Public Works Director Davidson presented the bids for the well house fencing around the new water tank by Burton Elementary and the one on 7th North. Haddon Fence had the lowest bid at $53,350. Director Davidson ask the council for permission to award the bid the Haddon Fence. Council Member Walker moved to award the low bid of $53,350 to Haddon Fence for Well House Fencing. Council Member Flora 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 Member Flora Council President Busby The motion carried. Public Works Director Davidson said he talked to the state about fixing Main Street. The state will mill out the long strips of patchwork and put in new asphalt before winter, probably in October. Council President Busby asked if both snow blowers are ready to go. Director Davidson said one still needs some timing belt repairs. The shop is getting all the snow equipment ready. Director Davidson also mentioned that we have an opportunity to go after a grant for the wastewater treatment plant through the development company. Mayor’s Report: Mayor Merrill reported that Rexburg was Capital for a Day with Governor Little and his staff visiting Rexburg. They toured the hospital and the new mental health wing. Mayor Merrill attended the Local Emergency Planning Committee meeting and they talked about having elected officials trained for emergency situations. He and Dan Torres are working with the Blue Cross of Idaho foundation’s Community Health Academy, which focuses on promoting healthy community living. Because of their participation, the city will receive a private grant. The City of Rexburg held a ten-year anniversary pool party at Rexburg Rapids where everyone could get in for half price. The weather was bad but there was still a good turnout. He and Council Member Wolf and Council Member Walker built a wood ramp over the temporary water lines going across the road on Park Street to protect the lines. He and Mayor Blad from Pocatello met with the President of Boise State University and Idaho State University about supporting higher education in Idaho. He attended the Larry Wilson Monument Ceremony. Larry Wilson was honored for his character not just the sports he played. Items for Consideration: A. Planning and Zoning Recommendation to Approve an Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones #21-00475 with an Effective Date of January 1, 2022, and Wording Changes as Noted in the Planning and Zoning Meeting Minutes on August 5, 2021. Designated as Ordinance No 1263 if Motion Passes and Considered 1st Read – Alan Parkinson 6 Planning & Zoning Administrator Parkinson reviewed the proposed amendment to Development Code 1200. They have spent a lot of time on this and have developed a good plan. The community has had an opportunity to voice their concerns. The revised ordinance will require vendors to provide restrooms; whether it be a portable restroom or an agreement with a facility close by to allow customers to use their restrooms. Seasonal vendors will still have 6 months before they need to move. He discussed street vendors and mobile vendor courts. A vendor court, which is three or more vendors in one location, will need to have all necessities provided and they can stay year-round. Daily vendors can set up daily but must clean up overnight. Council President Busby asked about ADA compliance. Administrator Parkinson said they will require that all state standards be followed. Council Member Busby also asked if the mobile food vendors must be on permanent foundations or temporary. Administrator Parkinson replied they are temporary and must be able to move within 24 hours. Council Member Busby asked if too many parking spaces will be taken away due to vendors using them during the day. Administrator Parkinson explained that only a few spots will be available, and vendors must be in designated vendor locations. Council Member Johnson asked about vendors dumping their waste down storm drains. Administrator Parkinson explained that mobile vendors are required to show how they plan to trap their grease. Council Member Walker asked about seasonal vendors vs. fireworks stands. Fireworks stands are not required to provide restrooms. He doesn’t think the city should be requiring food vendors to provide restrooms. Administrator Parkinson said that restrooms have been a challenge due to customers of mobile food vendors using restrooms of brick-and-mortar stores next door. Council Member Walker asked if the city plans to write a new ordinance for every complaint they get. Mayor Merrill pointed out that the new ordinance makes it easier for street vendors; however, if they would like to take out the bathroom requirement, they can do that. This ordinance allows for sidewalk vendors, which has not been allowed before. Council Member Mann thinks this new ordinance solves the main problems. Mayor Merrill wondered about all the small regulations and if the city needs to regulate all the small details. He would like to keep it simpler. Council Member Busby is concerned about having vendors taking up too much of the parking around the parks. Administrator Parkinson explained that diagonal parking spots cannot be used only parallel parking spots. Council Member Johnson thinks the new ordinance is a step in the right direction and she supports the ordinance. Kelly McKamey asked if the public could comment. Mayor Merrill replied that they are happy to hear from the public; however, it needs to be in a scheduled public hearing so that the public is aware of it and can plan to attend. There was a public hearing in Planning & Zoning on the ordinance changes. Council Member Walker is concerned about the restroom requirements. He does not want to penalize the local, established vendors by requiring them to put in expensive restroom facilities. Administrator Parkinson explained that it doesn’t have to be expensive, nor do they have to hook into the sewer. It can be temporary restrooms or a simple agreement with the business next door to use their restrooms. Council Member Flora likes that we are allowing more but she feels there are things in the ordinance that are not necessary so she would like more time to review it. Council Member Flora moved to table Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary 7 Amendments to Current Zones #21-00475 with an Effective Date of January 1, 2022, and Wording Changes as Noted in the Planning and Zoning Meeting Minutes on August 5, 2021. Designated as Ordinance No 1263 if Motion Passes until it can be discussed and simplified. Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council Member Flora Council President Busby The motion carried. B. Staff Recommendation to Amend Ordinance No 1029 and Ordinance No 707, Rexburg Municipal Code Chapter 6.1 and Chapter 6.2 to Clarify Business Registration Requirements for Solicitors, Mobile Vendors, and Street and Sidewalk Vendors as well as Removing All Land Use Regulations and Referring them to the Rexburg Development Code Ordinance No 1200 and its Amendments. Designated as Ordinance No 1256 if Motion Passes and Considered 1st Read – Deborah Lovejoy and Alan Parkinson City Clerk Lovejoy reviewed the proposed amendments to Ordinance 1029 and 707. One change to this ordinance is the catering license for alcohol. The permit is for five days, and the fee is $20.00 per permit per day. Caterers need to have a state license and can only sell beer and wine. The city follows that state statutes; however, the city ordinance is to set the fees and make it easier for businesses to find the information they need. City Clerk Lovejoy pointed out another change to the new ordinance is to separate solicitors and mobile vendors. Mayor Merrill asked if the tabled ordinance #1200 and these ordinances #1029 & #707 are closely related and should therefore also be tabled for now. City Clerk Lovejoy replied yes, there are definitions regarding seasonal and sidewalk vendors as well as mobile food courts. Council Member Walker moved to table Amendment to Ordinance No 1029 and Ordinance No 707, Rexburg Municipal Code Chapter 6.1 and Chapter 6.2 to Clarify Business Registration Requirements for Solicitors, Mobile Vendors, and Street and Sidewalk Vendors as well as Removing All Land Use Regulations and Referring them to the Rexburg Development Code Ordinance No 1200 and its Amendments. Designated as Ordinance No 1256 if Motion Passes until it can be discussed and simplified. Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council Member Flora Council President Busby The motion carried. C. Planning and Zoning Recommendation to Approve an Amendment to Development Code Ordinance No 1200 Adding Chapter 12 City-Center, Form-Based Code to the Development Code #21-00543. Designated as Ordinance No 1265 if Motion Passes and Considered 1st Read – Alan Parkinson Planning & Zoning Administrator Parkinson explained that the amendments to this ordinance have been in progress for some time. There have been multiple work meetings and much time spent on this. He believes it is now ready to be passed so they can start developing the downtown. 8 Council Member Flora moved to Approve an Amendment to Development Code Ordinance No 1200 Adding Chapter 12 City-Center, Form-Based Code to the Development Code #21- 00543. Designated as Ordinance No 1265 if Motion Passes and Considered 1st Read. Council Member Wolfe 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 Member Flora Council President Busby The motion carried. D. Planning and Zoning Recommendation to Rezone approximately 525 E 7th N, Parcel #RPR6N40E176600, from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) #21-00377. Designated as Ordinance No 1266 if Motion Passes and Considered 1st Read – Alan Parkinson Planning & Zoning Administrator Parkinson reviewed the proposed rezone at approximately 525 E 7th N (parcel #RPR6N40E176600) from LDR2 to LDR3. A zone change on this property has been brought before City Council before; however, it was for a change to MDR1. City Council did not think MDR1 was a good fit for that neighborhood. They wanted to see a lower density. The applicant is now asking for an LDR3 zone. In LDR3, no apartments are allowed but duplexes are. Each building can be individually owned and used as rentals. Council Member Flora is in favor of the LDR3 zone; however, she is concerned because the owner has not helped with the ditch issue. Administrator Parkinson indicated the ditch issue will be solved in the plat. City Attorney Zollinger explained that the city has no jurisdiction over ditches. The issue needs to be resolved between the individual property owners. Council Member Busby asked about the Centennial plat not being signed appropriately. Attorney Zollinger explained that the Centennial plat was recorded with the county without the Teton Island Canal Company signing the plat. Teton Island Canal Company has since submitted a letter stating they have no issues with the Centennial plat. Jeff Fryburg from Idaho Falls is the owner requesting the zone change. He did not know about the water issues. He is just here for his project rezone on the agenda tonight. Council Member Mann asked how many units per acre can be built in the LDR3 zone. Administrator Parkinson replied that it can have 10 units per acre whereas LDR2 can have 6 units per acre. Council Member Johnson asked what the zone is where Centennial Apartments is located. Administrator Parkinson replied that it is MDR1 zone. Council Member Flora wants to know who will resolve Mr. Millers problem with the drainage ditch that was filled in. Attorney Zollinger indicated that Mr. Miller has the option of mitigating with the adjacent proper owner who he thinks has aggrieved him. If the courts determine that Mr. Miller has the rights that he claims he has, the adjacent property owner could be required to reopen the ditch. At that time, they would come to the city for permission to cut the road or bore under the road to allow for the water drainage. Discussion about legal issues regarding the ditch. Council Member Johnson moved to approve the Rezone at approximately 525 E 7th N, Parcel #RPR6N40E176600, from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) #21-00377. Designated as Ordinance No 1266 if Motion Passes and Considered 1st Read. Council Member Walker seconded the motion; Mayor Merrill asked for a vote: 9 Those voting aye Those voting nay Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council Member Flora Council President Busby The motion carried. Calendared Bills and Tabled Items: A. Second Reading: Those items which have been first read: NONE B. Third Reading: Those items which have been second read: 1. Ordinance No 1262 Fiscal Year 2021 Budget Amendment Council Member Flora moved to approve Ordinance No 1262 Fiscal Year 2021 Budget Amendment and consider it third read. 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 Member Flora Council President Busby The motion carried. Mayor’s Business: A. Proclamation 2021 – 04 Constitution Week September 17-23, 2021 Mayor Merrill presented Proclamation 2021-04 that would proclaim the week of September 17-23, 2021, as Constitution Week in the City of Rexburg. 10 Council Member Wolfe moved to ratify Proclamation 2021 – 04 declaring September 17-23, 2021, as Constitution Week. 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 Member Flora Council President Busby The motion carried. 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 August 18, 2021 B. Approve the City of Rexburg Bills Council Member Mann moved to approve the Consent Calendar containing the minutes and city bills; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson None Council Member Mann Council Member Walker Council Member Wolfe Council Member Flora Council President Busby The motion carried. Council Member Busby asked for an update on Park Street. Director Davidson said the water lines will be connected by next week and then they will do bacteria tests. The project should be done by November. Kelly McKamey commented about public comments on the agenda. He also said public hearings should not be held in Planning & Zoning but in City Council. Adjournment 8:48 pm APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Mary Flanary