HomeMy WebLinkAboutCouncil Minutes - October 06, 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
Council Member Mann said the prayer
Council Member Wolfe led the pledge
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.
Mayor Merrill mentioned Council President Busby will be late to the meeting due to a dump truck fire at the Madison High School.
Employee Recognition: Doug Bruno Pacific Northwest Clean Water Association’s 2021 Idaho Collections System Operator of the Year Award
Mayor Merrill expressed his appreciation for the City Wastewater Department employees and recognized Wastewater Department employee Doug Bruno. Mr. Bruno received the Pacific Northwest
Clean Water Association’s 2021 Idaho Collections System Operator of the Year Award.
Welcome New Employees: Kelly Lancaster – GIS; Clint Smith Wastewater Treatment; Sam Jaeckel – Police Department: Swear in Officer Sam Jaeckel – City Attorney Stephen Zollinger
Mayor Merrill asked the new city employees to introduce themselves.
Kelly Lancaster said he moved to Rexburg in 2012 with his wife and three children. He worked in Bonneville for three years until a position became available at the City of Rexburg. He
has been a patrol volunteer for Grand Targhee Resort since he was 16 years old. He was born in Utah and lived there most of his life. He enjoys being in the outdoors.
Clint Smith said he has lived in Rexburg for seven years. He attended BYU-Idaho where he met his wife. He is excited to be working at the city’s Wastewater Treatment Plant. He and his
wife have four children.
City Attorney Zollinger swore in new Police Officer Sam Jaeckel.
OATH OF OFFICE
I, Sam Jaeckel, 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.
_________________ Sam Jaeckel
Subscribed and sworn to before me this 6th day of October, 2021.
_____________________
Stephen Zollinger
Rexburg City Attorney
Sam Jaeckel said he moved to Rexburg about 10 years ago. He was serving in the army for the last two years before becoming a reserve officer for the Rexburg Police Department. He and
his wife have a two-year-old son named Desmond and two-week-old son named Hyrum. He is grateful to live in and service the community.
Presentation: Operation Underground Railroad Fun Run Scheduled for Next Fall – Caleb Ward
Caleb Ward said he has served in many leadership organizations at the BYU-Idaho University. He has formed a committee of BYU-Idaho students to assist in fundraising, presentations, and
advertising for Operation Underground Railroad (O.U.R.). Currently, they are working on hosting a 5k Run in Rexburg on September 26th -30th or October 3rd -7th. He asked for suggestions
for possible routes for the 5k. They will also need to know the cost of the utilities for park shelter rental, electrical hook ups, sound equipment, and portable toilets.
Council Member Flora suggested Mr. Ward contact Heidi Fransen she was involved in organizing the 5k fundraisers for O.U.R. in the past. She may have helpful information to share. Mayor
Merrill asked Mr. Ward to contact the City’s Recreation Director regarding the route to use for the 5k. Mr. Ward asked if the city has a conflict with the dates mentioned. Mayor Merrill
replied the dates mentioned do not pose a conflict at this time.
Mr. Ward said they plan to use social media, BYU- Idaho student organizations and student housing distribution system as means to publicize the O.U.R. 5k. They will also ask locate business
to sponsor the run. Mayor Merrill mentioned the M.U.S.I.C. Committee made of BYU-Idaho students to Mr. Ward and asked he or his friends would be interested in serving on the committee.
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.
Staff Reports:
Public Works: - Keith Davidson
Fall Cleanup Date Approval October 18th to November 8th, 2021
Public Works Director Davidson reported the proposed dates for the Fall Clean-up this year are from October 18 to November 8.
Council Member Wolfe moved to approve the Fall Clean-up Dates of October 18 to November 8, 2021; 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
The motion carried.
2021 Local Highway Safety Improvement Program LHTAC Project No. A022 (412) Signs and Traffic Signal Heads Agreement Approval
Public Works Director Davidson reported the city was awarded a LHTAC grant and is seeking City Council approval to enter into an agreement with LHTAC for the grant. Council Member Walker
asked for the grant amount. Public Works Director Davidson replied the grant is about $90,000 and will be used to fund most of the cost of the material for the traffic signal heads.
Council Member Flora moved to approve the 2021 Local Highway Safety Improvement Program LHTAC Project No. A022 (412) Signs and Traffic Signal Heads Agreement; Council Member Mann 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
The motion carried.
Public Works Director Davidson reported the survey for Local Improvement District 51 (LID 51) will be sent to the resident participating in the LID. A sample of the survey was viewed
on the overhead screen. Mayor Merrill asked for an update on the LID work being completed at Park Street. Public Works Director Davidson said the contractor is working on the sewer
service lines. After, the underground work is complete they will begin on applying the sub-base to the road. The weather may cause some delays.
Public Works Director Davidson reported on the on 7th South and Yellowstone traffic signal. The parts for the signal were delivered today. They have isolated three electrical shortages
in the signal. The signal is an older model and will be replaced by a new model next year when railroad crossing is updated.
Mayor Merrill mentioned most of sewer line connections on Park Street are being replaced which is about $1,700 in cost per line. The cost may seem high; however, when considering the
next time, a complete reconstruction of road will be is about 40 years. Public Works Director Davidson said they have noticed sewer line brakes throughout the city with the old pipes
currently in place. When constructing a new street, the last resort would be to cut into the street due to a service line brake. Mayor Merrill said the city’s sewer collection employees
using a camera device to inspect the sewer lines have been able to determine weak spots in the line before the line brakes. He said sewer line brakes might cause sewer blockage into
homes. Public Works Director Davidson said they will be replacing storm drains as part of the reconstruction of Park Street.
Council Member Walker mentioned the obscene graffiti at the skate park. Public Works Director Davidson said they have installed cameras at the skate park to deter people from spraying
graffiti. Council Member Mann asked if the main sewer line in LID 51 will be replaced. Public Works Director Davidson replied the main sewer line is not being replaced; however, they
will be replacing the service lines because they are the older model lines that have been braking though the city.
Council Member Flora asked about installing a fence around the new water tanks to deter people from spraying graffiti on the tanks. Public Works Director Davidson said the bids for
the fence have been received; however, the fence contractor’s employees have been working because they are ill with Covid-19.
Council Member Johnson asked why there are no crosswalks at the intersections of Highway 20. Public Works Director Davidson said he spoke with an Idaho Transportation Department representative
and was informed ITD will be painting the crosswalks.
Mayor’s Report:
Mayor Merrill said he visited with Rocky Mountain Power Representative Tim Solomon regarding the new power meters being installed to select home and businesses. There are new energy
sources connected to the power grid. The new meters will operate with the new power sources on the grid.
Mayor Merrill reported he was a guest speaker at the Sons of the Pioneer National Conference a couple of weeks ago that was held in Rexburg. He was able to award a plaque to Planning
and Zoning Commissioner Chairman Rory Kunz for his many years of service. Mr. Kunz’s term had concluded on the commission. Previous, Council Member Sally Smith will be the Planning
and Zoning Commission Chairman.
Mayor Merrill mentioned the revolving loan fund. The city generally lends money to a business that has received a partial loan from the bank and needs additional funds to finish the
business. Recently, the city lent the Fisher’s Dance Academy funds to finish the remodel of their ballroom.
Mayor Merrill said he and city employee Daniel Torres have been working with the Blue Cross Foundation on the Community Health Series. The series consisted of attending webinars. Once
they complete the webinars, they will be able to apply for additional grants. He said he also attended the ribbon cutting for the T-Mobile store and met with the manager. The manager
informed him of T-Mobile’s three-million-dollar Techover grant. He and city staff will be holding meeting with the T-Mobile manager to determine how to apply for the grant. Mayor Merrill
said the city crews have been working on leveling out an area at Teton Lakes for an ice-skating rink this winter.
Items for Consideration:
Planning and Zoning Recommendation to Approve a Comprehensive Plan Map Amendment for approximately 2331 W 2000 S, Parcel No. RPRXBCA0014217 from Rural to Commercial/Mixed Use #21-00623. Designated
as Resolution 2021-10 if motion passes - Alan Parkinson
Mayor Merrill questioned if the property address is correct for this Comprehensive Plan Map Amendment. Planning and Zoning Administrator Parkinson said after visiting with City Attorney
Zollinger the property fits with in the address specified. The property currently does not have an address so they base the location off the parcel number.
Planning and Zoning Administrator Parkinson explained only the back west portion of the property is being changed to be brought into compliance because the property owner is going to
request a rezone to Community Business Center (CBC). The Comprehensive Plan Map will need to be changed to match the zone. The front section of the property is currently zoned CBC.
Council Member Johnson moved to approve Resolution 2021-10 Comprehensive Plan Map Amendment for approximately 2331 W 2000 S Parcel, No. RPRXBCA0014217, from Rural to Commercial/Mixed
Use; 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.
Planning & Zoning Recommendation to Approve a Rezone at approximately 2331 W 2000 S, Parcel No. RPRXBCA0014217 from Low Density Residential 2 (LDR2) to Community Business Center (CBC)
zone #21-0622. Designated as Ordinance No 1268 if motion passes - Alan Parkinson
ORDINANCE NO. 1268
Rezone Approximately 2331 W 2000 S from Low Density Residential 2 (LDR2) to Community Business Center (CBC) Zone
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 Wolfe moved to approve Ordinance No. 1268 the Rezone at approximately 2331 W 2000 S from Low Density Residential 2 (LDR2) to Community Business Center (CBC) Zone; 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
The motion carried.
City Staff’s Recommendation to approve destruction of Building Plan hard copies that have been archived digitally in the City's designated records archive system. Designated as Resolution
2021 - 11 if motion passes - Deborah Lovejoy
City Clerk Lovejoy explained the building plans city staff is asking to be destroyed have been scanned and stored digitally with their associated case number. Once the records are digitally
stored, there is not a need for the paper copies because they are more difficult to store and keep from being torn. When the plans are needed for a request for public record, they generally
send the plans electrically instead of a paper copy. Mayor Merrill asked if the electronic copies are being backed up on a different server. City Clerk Lovejoy replied yes the records
have an electronic back up.
City Clerk Lovejoy said the destruction of records is an ongoing project. When other records are ready to be destroyed, a list of those records will be brought to City Council for a
decision. Council Member Flora mentioned Museum of Rexburg Curator has records that need to be destroyed.
Council Member Johnson moved to approve Resolution 2021- 11 the destruction of Building Plan hard copies that have been archived digitally in the City’s designated records archive system;
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
The motion carried.
Calendared Bills and Tabled Items:
Tabled Items:
Ordinance No 1263 Development Code Amendment Ord 1200 - Mobile Food Court - Alan Parkinson
Council Member Walker moved to un-table Ordinance No. 1263 Development Code Ordinance No. 1200 – Mobile Food Court; 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
The motion carried.
Planning and Zoning Administrator Parkinson explained after several meetings to discuss the changes to the code, it was determined there are sufficient changes to deny this ordinance.
City Staff will make the recommended changes and bring back to City Council for a decision. Council Member Johnson asked how long before the ordinance is back before City Council for
decision. Planning and Zoning Administrator Parkinson said there will be an internal review by city staff before the publishing process so it may take about two months.
Ordinance No 1256 Amend Business License Ord 1029 & 707 - Deborah Lovejoy
Council Member Walker moved to un-table Ordinance No. 1256 to Amend Business License; 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
The motion carried.
Council Member Flora moved to deny Ordinance No. 1263 Development Code Ordinance No. 1200 – Mobile Food Court and Ordinance No. 1256 to Amend Business License; 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
The motion carried.
Council Member Busby joined the meeting at 7:29 P.M.
Second Reading: Those items which have been first read:
Planning & Zoning Recommendation to Approve a Rezone on all Parcels in the Downtown City Center District in the area at approximately S 2nd W to S 2nd E and W 2nd S to E 1st N from their
current zone to Form-Based Transect Zoning #21-00580. Designated as Ordinance No 1267 if motion passes - Alan Parkinson
ORDINANCE NO. 1267
Rezone All Parcels in the Downtown City Center District to Form-Based Transect Zoning
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 Wolfe moved to approve Ordinance No. 1267 to Rezone all Parcels in the Downtown City Center District in the area at approximately S 2nd W to S 2nd E and W 2nd S to E 1st
N from their current zone to Form-Based Transect Zoning 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.
Third Reading: Those items which have been second read:
Ordinance No 1265 Amendment to Development Code Ordinance No 1200 Adding Chapter 12 City-Center, Form-Based Code #21-00543- Alan Parkinson
ORDINANCE NO. 1265
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; ADDING CHAPTER 12 CITY CENTER FORM BASED
CODE TO THE CITY OF REXBURG DEVELOPMENT CODE; ENCOMPASSING A TWELVE (12) BLOCK SECTION IN THE DOWNTOWN AREA FROM 2ND EAST TO 2ND WEST AND 1ST NORTH TO 2ND SOUTH AS THE CITY CENTER;
FOCUSING ON PEDESTRIAN FRIENDLY BUILDING CODE FOR REVITALIZATION OF THE DOWNTOWN AREA; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE.
Council Member Walker moved to approve Ordinance No. 1265 Amendment to Development Code Ordinance No. 1200 adding Chapter 12 City-Center, Form-Based Code and consider third 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 1266 Rezone approximately 525 E 7th N Parcel #RPR6N40E176600 from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) #21-00377. - Alan Parkinson
ORDINANCE NO. 1266
Rezone Approximately 525 East 7th North from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) Zone
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 Johnson moved to approve Ordinance No. 1266 the Rezone approximately 525 E 7th N Parcel #RPR6N40E176600 from Low Density Residential 2 (LDR2) to Low Density Residential
3 (LDR3) 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:
Mayor Merrill said there are two BYU-Idaho Students interested in joining the M.U.S.I.C. committee.
Mayor Merrill ask City Attorney Zollinger if he could amend the agenda to go into executive session to consider negotiations for land purchase. City Attorney Zollinger replied yes the
agenda could be amended to go into executive session.
Council President Busby moved to approve to Amend the City Council Meeting Agenda to go into Executive Session per Idaho State Statute 74-206(1) (c) To acquire an interest in real property
not owned by a public agency; 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.
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 September 15, 2021
Minutes from September 22, 2021
Approve the City of Rexburg Bills
Council Member Walker 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.
Council President Busby moved to approve to go into Executive Session per Idaho State Statute 74-206(1) (c) To acquire an interest in real property not owned by a public agency; Council
Member Wolfe seconded the motion; Mayor Merrill asked for a roll 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.
Executive Session stated 7:39 P.M.
Executive Session ended 7:55 P.M.
Adjournment 7:56 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez Deputy City Clerk