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HomeMy WebLinkAboutCouncil Minutes - August 05, 2020 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 5:00 P.M. Local Improvement District Work Meeting Public Works Director Davidson reviewed the Federal. ADA requirements for sidewalks. 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 August 05, 2020 2 Council Member Flora questioned the exceptions when the ADA cross slopes for the sidewalks cannot be met. Public Works Director Davidson said the requirements need to be met as close as possible to the ADA guidelines. Council Member Johnson asked how long the Federal ADA Requirements have been used. Public Works Director Davidson said since the year 2012. Council President Busby asked how many cities have Local Improvement Districts (LID). Public Works Director Davidson replied Idaho State Statutes allow cities to implement LID’s. The City of Driggs has recently implemented LID’s. Public Works Director Davidson reviewed the scheduled street projects. A map of the 5 year CIP Plan was viewed on the overhead screen, there will be some adjustments to this five year plan. Public Works Director Davidson reviewed a map of the Narrowing Projects. The streets highlighted on the map are streets that need to be narrowed to meet sidewalk standards. Council President Busby asked how wide the landscape strip is required to be. Public Works Director Davidson explained the ideal width is five feet, four feet is acceptable; however, three feet is too narrow. 3 Discussion regarding rolled curbs in some of the city’s subdivisions. Public Works Director Davidson said there are pros and cons to installing rolled curbs. One of the pros is not having to cut the driveway strip. Public Works Director Davidson reviewed the 68’ Right of Way Single Parking Street/ Typical Section 1 and 68’ Right of Way Dual Parking Street/Typical Section 2 Public Works Director Davidson reviewed the 60’ Right of Way Single Parking Street/ Typical Section 3 and 60’ Right of Way Dual Parking Street/Typical Section 4 4 Public Works Director Davidson reviewed the 55’ Right of Way Single Parking Street/ Typical Section 5 and 50’ Right of Way Single Parking Street/Typical Section 6. Council Member Busby asked who owns the five foot landscape strip, the city or property owner. Public Works Director Davidson replied the strip is owned by the city; however, the property owner maintains the strip. Public Works Director Davidson reviewed the Park Street Partial Removal w/Drainage Map. He said 80% of Park Street has curb, gutter and sidewalks needing to be replaced. 5 Public Works Director Davidson reviewed the streets to be included in proposed LID 50. Public Works Director Davidson reviewed some pictures of Harvard and Yale. The narrow roads with side street parking is used as a measure for traffic calming; however, this measure should not be used for long sections of road. 6 Public Works Director Davidson reviewed the Park Street scenarios and Future Local Improvement District Alternatives. He also reviewed the expense to the homeowner and city. Alternative #1 7 Alternative #2 Alternative #3 Alternative #4 Alternative #5 8 Public Works Director Davidson reviewed the Cost Responsibility Chart per alternative and the reasons the city engineers are recommending Alternative #2. Public Works Director Davidson reviewed the Road Narrowing Cost Savings Chart. 9 Public Works Director Davidson reviewed the changes to the Cost Sharing Reimbursement for the replacement of sidewalk, curb and gutter. Discussion regarding Alternative #2 and Alternative #3. Council Member Mann explained he is in favor of smaller increment changes as opposed to larger changes to the cost sharing for the 10 replacement of sidewalk, curb and gutter to be fair to the residents who recently participated in an LID. Public Works Director Davidson reviewed the status of some of the streets included in LID 50. Discussion regarding Alternative #3. Council Member Wolfe said Alternative #3 would be the most beneficial for the homeowner; however, it would be a departure from the Cost Sharing Reimbursement for the replacement of sidewalk, curb and gutter. 11 6:30 P.M. City Hall Alisha Tietjen said the prayer. Anthony Tietjen led the pledge. Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Mann, Council Member Walker, Council Member Wolfe, Council President Busby and Mayor Merrill. Motion and Order to Amend Agenda: Addition under Finance Staff Report to set Public Hearing for Forgone Property Tax Accrual Finance Officer Nielson explained a public hearing and resolution approval are needed to set the Forgone Property Tax Accrual. The city has the option of setting aside 3% property tax in forgone; however, a public hearing and resolution are needed to set aside the 3%. Council Member Busby asked if the funds set aside in forgone could be used at the City Council’s discretion. Finance Officer Nielson replied yes, the funds can be used at the City Council’s discretion; however, a public hearing is needed to state the purpose of how those funds will be used and approved by resolution. Council Member Flora moved to approve to amend the agenda by adding under Item B (1) to set a Public Hearing for Forgone Property Tax Accrual on August 19th, 2020 at 7:00 P.M.; 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 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. Museum of Rexburg: Smithsonian Exhibit Report – Alisha Tietjen Alisha Tietjen reported on the Smithsonian Exhibit showcased at the Museum of Rexburg. Alisha Tietjen presented some of the postcards residents filled out during the Smithsonian Exhibit and reviewed the negatives and positives of showcasing the exhibit. 12 B. Finance: Matt Nielson 1. Idaho State Pro Rata Public Safety Allocation – One-Time Tax Credit in lieu of 3% Levy Increase in Fiscal Year 21 Budget Finance Officer Nielson reviewed the General Fund Balance Carryover Chart. Finance Officer Nielson reviewed the Analysis of Estimated One Time Property Tax Credit for Rexburg and Madison County-FY21 Budget Report. In the City of Rexburg estimated Public Safety One Time Relief Amount includes City Police, Fire and Ambulance District. 13 Finance Officer Nielson said he spoke with Madison County Clerk Kim Muir regarding the Levy Rate Credit. He was informed there will be an administrative fee to process the credit. Council Member Wolfe questioned how the tax credit will be assessed to the property owner. Finance Officer Nielson replied the credit would be reflected on the property tax statement and not as rebate. Finance Officer Nielson reviewed the Public Hearing Notice for the Accrual of Forgone Property Tax Levying Authority. The funds would be set aside in forgone. NOTICE OF PUBLIC HEARING ACCRUAL OF FORGONE PROPERTY TAX LEVYING AUTHORITY CITY OF REXBURG, IDAHO A public hearing will be held for the consideration of accruing forgone property taxes for $ 158,351. The city has chosen to levy less than the maximum allowed by law, which has created a forgone amount that may be accumulated by the City. The City may add all or part of the foregone amount to its levy in any subsequent year. In order to accrue foregone, the City is required by House Bill 354 effective on July 1, 2020 to pass a resolution in the year of accrual. The process to pass the foregone accrual resolution includes notice published in the official newspaper. The proposed public hearing will occur at City Hall, 35 N 1st E, Rexburg, Idaho, at 7:00 pm, on August 19, 2020. All interested persons are invited to appear and show cause, if any, why such foregone accrual should or should not be adopted. Additional information is available at City Hall during the regular office hours (7:30 am to 5:30 pm Monday thru Thursday or Friday 7:30 am to 12:30 pm). City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities related to the fee documents or to the hearing should contact City Hall, 359-3020 at least 48 hours prior to the public hearing. This Notice can be provided in a format accessible to persons with disabilities and/or persons with limited English proficiency upon request. 14 Se le puede proveer esta notificación en un formato accesible para las personas discapacidades y/o personas con conocimientos limitados del inglés a pedido. The following resolution is proposed: RESOLUTION NUMBER 2020-15 A RESOLUTION OF THE CITY OF REXBURG, IDAHO, ACCRUING FORGONE PROPERTY TAXES WHEREAS, the City Council desires to maintain the overall quality of life experienced by its constituents; and WHEREAS, the City Council desires to accrue forgone property taxes in the amount of $158,351, which will allow such forgone amount to accumulate until a subsequent year when the City may need to levy all or part of the forgone amount to cover the cost of the services provided by the City; WHERAS, the City Council has provided required notice and held a public hearing in regards to the accrual of forgone property tax. NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Rexburg, effective August 19, 2020 that $158,351 forgone property tax will be accrued and may be added in part or full to a future year through its property tax levying authority. In order to add part or the full accrued forgone amount to a subsequent budget, The City will be required as per House Bill 474 to publish notice and hold a public hearing and adopt a resolution stating the governing board’s intent to use the foregone levying authority, the amount of forgone revenue to be included in the tax levy for that fiscal year, and the purpose for which the forgone revenue will be used. A copy of such resolution must be filed with the County Clerk and the Idaho Tax Commission when certifying its property tax levy to the county using forgone levying authority. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 19th DAY OF AUGUST, 2020. CITY OF REXBURG Madison County, Idaho By _________________________________ Jerry L. Merrill, Mayor ATTEST: ____________________________________ Deborah Lovejoy, City Clerk Council Member Johnson asked for clarification regarding the forgone percentage. If the city decided the funds set aside in forgone were needed, would the city be collecting 6% taxes from the residents? Finance Officer Nielson replied yes, the amount would be 6% in essence because the forgone amount would be added back to the budget. The city also has the option of using a partial amount set aside in forgone. Finance Officer Nielson explained some cities which have forgone funds available will use the funds for municipal buildings this is one of the benefits of having forgone. Council Member Johnson asked if the forgone amount would be collected this year or is it the option to collect the forgone amount. Finance Officer Nielson replied it’s the option to collect the forgone amount. Council Member Mann said he is not in favor of forgone because in some instances collecting the forgone becomes complicated. He prefers to make the necessary cuts to stay within budget instead of turning to the residents to collect on the forgone amount. Council Member Flora asked if the city would be allowed to use one percent of forgone per year instead of collecting the full amount. Finance Officer Nielson replied the city could collect from zero to the maximum amount in forgone. Council Member Wolfe asked if there are negative reasons to not set aside a forgone amount. Finance Officer Nielson said the negative of not setting aside forgone would be not having sufficient funds available. The positive of considering forgone is to give tax relief to the tax payers this year and every year forward. 15 Council Member Wolfe moved to approve to set a Public Hearing for the Accrual of Forgone Property Tax Levying Authority on August 19th, 2020 at 7:00 P.M.; Council Member Johnson 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 C. Public Works: - Keith Davidson 1. Grant Administration Contract for Nature Park Restrooms –The Development Company Public Works Director Davidson explained the Grant Administration Contract for the Nature Park Restrooms. Council Member Wolfe asked for the expense of the administration contract. Public Works Director Davidson replied the cost for the administration of the grant is $3,500. Council President Busby moved to approve the Grant Administration Contract for the Nature Park Restrooms to The Development Company; 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 2. Wastewater Equipment Surplus for the City of Mackay – Hypochlorinator Public Works Director Davidson indicated the city has not used the Hyporchlorinator for several years. The Hyporchlorinator was used to chlorinate the wastewater before the water was returned back into the river. The City of Mackay is in need of the Hyporchlorinator and if approved by City Council it will be donated to the City of Mackay. 16 Council Member Mann moved to approve the Surplus of Wastewater Equipment – Hypochlorinator and donate to the City of Mackay; 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 3. Wastewater Bio solids Drying Bed Asphalt Pad Expansion Bids Acceptance Public Works Director Davidson reviewed the bids received for the Drying Bed Asphalt Pad Expansion. Council President Busby questioned the reason for expanding the drying beds. Public Works Director Davidson explained a larger drying bed is needed to dry the Class A exceptional bio-solids. The Class A bio- solids are being used by several businesses and farmers. He said there is cost savings by not having to haul off the bio-solids to the landfill. Council President Busby moved to approve the low bid of $55,152.06 from DePatco for the Wastewater Bio solids Drying Bed Asphalt Pad Expansion; 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 17 Council Member Walker asked about the foul odor coming from the Basic American Foods Plant. Public Works Director Davidson said he will visit with a representative to determine if a different process could be used to eliminate some of the odor. Discussion regarding some of the storm drain grates and the process of keeping them from backing up from melting snow. Public Hearings: A. 6:45 P.M. Resolution 2020-14 Fiscal Year 2021 Utility Fees Rate Change – Matt Nielson Finance Officer Nielson reviewed the New Utility Rate Schedule for Fiscal Year 2021. Resolution to Adopt a New Utility Rate Schedule for Fiscal Year 2021 Resolution 2020 - 14 A resolution of the City of Rexburg, Idaho, adopting a new rate schedule for water, sewer, garbage fees. WHEREAS, the City Council desires to maintain the overall quality of life experienced by its constituents; and WHEREAS, the City Council desires to collect from all water, sewer, and garbage users an equitable user fee that reflects their appropriate share of operating costs, depreciation and debt service; NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Rexburg, effective October 1, 2020, the water, sewer, and garbage fees to be charged shall be as follows: New Monthly Cost: Garbage 90 Gallon Bin Weekly Pickup $20.73 90 Gallon Bin Every 2nd week Pickup $12.28 90 Gallon Bin Every 4th week Pickup $6.24 1.5 Yard Bin Weekly Pickup $50.01 2.0 Yard Bin Weekly Pickup $60.26 3.0 Yard Bin Weekly Pickup $80.80 Water Base Fee for .75” Equivalent & SF 1” Meter $18.62 Usage Fee per 1,000 Gallons over 6,000 $1.142 Wastewater Base Fee for .75” Equivalent & SF 1” Meter $16.32 Usage Fee per 1,000 Gallons $4.65 Other City Usage Fee per 1,000 Gallon $2.74 Out of City Limits 30% Surcharge for Water or Sewer update all fees 30% Passed by the City Council and Approved by the Mayor this 5th Day of August, 2020. _______________________________________ Jerry L. Merrill, Mayor ATTEST: _________________________________ Deborah Lovejoy, City Clerk 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 closed the Public Hearing for deliberations. 18 Council Member Flora asked for an update on the survey concerning the expense of the recycling program. Finance Officer Nielson replied city staff is working to finalize the questions on the survey to send out to city residents. Council Member Walker moved to approve Resolution 2020 – 14 to Adopt a New Utility Rate Schedule for Fiscal Year 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 Council President Busby The motion carried B. 7:00 P.M. Ordinance No 1235 Fiscal Year 2020 Budget Amendment and First Read – Matt Nielson Ordinance No. 1235 Amend Ordinance 1215 Fiscal Year 2020 Appropriation Ordinance AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, AMENDING ORDINANCE NO. 1215, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020: APPROPRIATING ADDITIONAL MONIES THAT HAVE BEEN OR ARE TO BE RECEIVED BY THE CITY OF REXBURG, IDAHO, AND BUDGET REDUCTIONS IN THE NET SUM OF $3,380,000 AND PROVIDING AN EFFECTIVE DATE. Be It Ordained By the Mayor and Council of the City Of Rexburg, Idaho: SECTION I. That ordinance No. 1215, the appropriation ordinance for the City of Rexburg, Idaho, for the fiscal year commencing October 1, 2019, and ending September 30, 2020, be and the same is hereby amended as follows: CITY OF REXBURG BUDGET AMENDMENT FISCAL YEAR 2020 19 ______________________________ Jerry Merrill, Mayor ATTEST: ______________________________ Deborah Lovejoy, City Clerk STATE OF IDAHO ) ) ss. County of Madison ) I, DEBORAH LOVEJOY, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, AMENDING ORDINANCE NO. 1215, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020: APPROPRIATING ADDITIONAL MONIES THAT HAVE BEEN OR ARE TO BE RECEIVED BY THE CITY OF REXBURG, IDAHO, AND BUDGET REDUCTIONS IN THE NET SUM OF $3,380,000 AND PROVIDING AN EFFECTIVE DATE. Passed by the City Council and approved by the Mayor, the __ day of ___, 2020. _________________________________ Deborah Lovejoy, City Clerk SECTION II: This ordinance shall be in full force and effect from and after its passage, approval and publication. Passed by the City Council and approved by the Mayor, the ___ day of _____, 2020. 20 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 closed the Public Hearing for deliberations. Council Member Johnson moved to approve Ordinance No. 1235 Fiscal Year 2020 Budget Amendment and consider first 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 Items for Consideration: NONE Mayor’s Report: Mayor Merrill thanked the Employee Committee for organizing the City Employee Benefits Summer Dinner at Rexburg Rapids. He said fewer employees attended the dinner than years past due to the Covid-19 Pandemic. Mayor Merrill reported there was a Pioneer Presentation at Porter Park on Friday, July 24th at 7:00 P.M. The presentation was performed by Omar and Lori Hansen. The residents who attended the performance were social distancing to avoid the spread of the Covid-19 virus. He gave an update on the construction work being completed at the Romance Theater. Mayor Merrill said the Rexburg Police Department held the Night D.A.R.E Golf Tournament Fundraiser. He also reported the Dog Park is under construction. City Attorney Zollinger helped to dig a six foot deep trench for the water and sewer service lines for the new park. Mayor Merrill said there were three new cases of Covid-19; however, the number of cases has decreased by nine because the nine people have recovered from the virus. There are currently 10 active cases of the virus. Mayor Merrill reported a loan was issued from the Revolving Loan Fund to a daycare on One Stationary Road. The Development Company manages the Revolving Loan Fund for the city. The loan was in the amount about $190,000. There is a remainder of $363,000 available in the fund to loan out to businesses who qualify. Council Member Wolfe reported the Rexburg Police Department and City Council’s Annual Shooting Range and Dinner will be held on Monday, August 24th at 6:00 P.M. Calendared Bills and Tabled Items: A. Second Reading: Those items which have been first read: 1. Ordinance No 1233 Rezone 790 & 796 Barney Dairy Rd #20-00347 from Rural Residential 1 (RR1) to Low Density Residential 2 (LDR2) Zone – Alan Parkinson ORDINANCE NO 1233 21 Rezone Approximately 790 and 796 Barney Dairy Rd, Rexburg, Idaho to Low Density Residential 2 (LDR2) 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. 1233 the Rezone at 790 & 796 Barney Dairy Road from Rural Residential 1 (RR1) to Low Density Residential 2 (LDR2) Zone and consider second read; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried B. Third Reading: Those items which have been second read: 1. Ordinance No 1232 Fiscal Year 2021 Budget Appropriation Ordinance ORDINANCE NO. 1232 FISCAL YEAR 2021 BUDGET APPROPRIATION AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 2020, TO SEPTEMBER 30, 2021, AND APPROPRIATING TO THE SEVERAL DEPARTMENTS, OFFICES AND FUNDS OF THE SAID CITY GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE NECESSARY 22 OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL TO DEFRAY THE EXPENSES AND LIABILITIES OF SAID CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021; AND PROVIDING FOR THE EFFECTIVE DATE OF ORDINANCE. Council Member Walker moved to approve Ordinance No. 1232 Fiscal Year 2021 Budget Appropriation Ordinance 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 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. A. Minutes from July 15, 2020 Meeting B. Minutes from July 16, 2020 City Council and P&Z Meeting C. Minutes from July 24, 2020 City Council Special Meeting D. Approve the City of Rexburg Bills Council Member Johnson 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 7:44 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk