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HomeMy WebLinkAboutCouncil Minutes - March 04, 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 6:30 P.M. City Hall Council Member Johnson said the prayer. Council Member Flora led the pledge. Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Mann, Council Member Walker, and Mayor Merrill. Council President Busby and Council Member Wolfe asked to be excused. 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. Todd Hendricks said he and his partner purchased the Dairy Queen from Boyd Berry. He said Mr. Berry had mentioned issues he was experiencing with the neighboring mobile food trailers. He asked if any solutions have been discussed or implemented. Mayor Merrill said the city has not implemented any permanent changes to the ordinance regulating food trailers in the city. Council Member Johnson asked about the issues they were experiencing. Mr. Hendricks replied the food trailer customers were using the Dairy Queen parking lot stalls, restrooms and garbage containers. He said his business is not experiencing these problems currently because the food trailers are not in business during the winter months. Council Member Mann said City Council tried to address some of the issues the businesses were experiencing last year. Some of the solution that were discussed he thought exceeded the limits of trying to find a reasonable way to accommodate the brick and mortar restaurants and still allow a food truck environment at the same time. He suggested Mr. Hendricks leave his contact information with city staff in case there is further discussion to find solutions for the issues with the food truck businesses. Mr. Hendricks said it’s difficult to accommodate food trailers when the brick and mortar businesses are paying for the real-estate and taxes to operate their business. Council Member Flora said when the food trailer business owners became aware of the issues the surrounding businesses were having, they desired to correct the issues. She asked Mr. Hendricks to wait until the food trailers begin operating this summer before discussing any changes to the rules. Steve Oakey said he is a frequent critic of government regulations and he will continue to be so. He has presented lengthy demonstrations regarding the property owner’s right and responsibility to operate their property however they see fit. He said he use to operate the business across the street from Dairy Queen. He sold Rays Chevron a couple of years ago. He use to manage his business with 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 March 04, 2020 2 the same philosophy that Barnes and Noble uses. Their philosophy is to invite people without question into their store to sit on their comfortable chairs, drink coffee from their coffee shop and to read books or magazines without anyone bothering them. If someone came in to use the restrooms at his business they were welcomed to come in and use the restrooms. If someone choose to have a drink of water for the cost of 25 cents or free of charge they were welcomed. If someone choose to use the dumpster located at his business to throw away their trash they were free to use the dumpster. All of these services were provided for free and he believes it isn’t the city’s business how Mr. Hendricks or anyone else manages their business. The city or anyone else shouldn’t interfere, if he chooses to control the restrooms, cups of water, or lock his doors to his business. Mr. Oakey explained if any of the food truck business owners choose to offer restrooms, it is up to them to provide those services for their customers. He said in one of his presentations he showed a picture of the early Dairy Queen establishments, they resembled food trucks. They were simple shack operations without public restrooms. They had almost exactly what you see in the food trucks today. There are currently 4,455 Dairy Queens in the USA owned by Kershire Hathaway. If the food truck businesses succeed or fail it’s completely up to the business model. Often times, the easy access business model allows the business to spring board into a brick and mortar building. The city should have a wide variety of economic opportunities that would allow people with capital to invest in a million dollar building and people with the same capital to invest in a 10 to 20 thousand dollar shack to provide goods and services to a willing clientele, who is willing to pay for those services. He said he will always be here to defend free market including Mr. Hendrick’s opportunity and the food truck owner’s opportunity. If anybody stands to block Mr. Hendricks’s opportunity, he will stand in his defense. In this particular case he stands to defend the food truck operators. He has no say in nor does he have investment in these types of businesses. He said he is simply presenting his voice for a free market opportunity for everybody of all economic persuasions. Kyle Campbell said he is a college student. He has been looking at Idaho State Statutes and the City of Rexburg ordinances. He said recently, Ada County passed an ordinance to include sex orientation, gender identity and list groups that cannot be discriminated against. The city doesn’t have this type of ordinance. He suggested City Council discuss the option of having this type of ordinance. Council Member Mann mentioned several cities have passed similar ordinances. The City of Rexburg has not address the need of having this type of ordinance. Council Member Flora asked if the city has discrimination laws in place. City Attorney Zollinger explained the federal government has established a fairly compelling argument that existing federal regulations prohibit discrimination based on all of the protected classes. All though, they are not in a defined protected class the federal government has found effective ways of extending gender protections even though they are not specifically named. He said he is not opposed to having this type of regulation; however, he does not believe it is necessary. Presentations: 2019 Fiscal Year Audit Presentation – Josh Bingham, Rudd & Co Mr. Bingham said he meet with Council Member Mann, Council Member Walker and Council Member Johnson to review the 2019 Fiscal Year Audit. Mr. Bingham reviewed the 2019 Financial Statement Comparisons. He said the auditors didn’t see anything that would raise their concerns. The attitudes with city management and accounting seem healthy and good. City management is aware of fraud and know it’s a possibility. They have implemented measures as reasonable as possible to detour fraud. City Council shares in the responsibility with city management to deter fraud. Council Member Walker said as a member of the City’s Oversight Committee he met with the auditors and the committee members are confident, the audit was completed accurately. Council Member Mann commended City Employee Pam Wren for being the first person in line of defense when it comes to noticing anything out of order with charges or purchases. 3 Council Member Walker moved to approve the 2019 Fiscal Year Audit; 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 The motion carried Staff Reports: A. Community Development: - Bret Stoddard Building Official Stoddard reviewed the Building Valuation Report for the month of February. He reported the Building Department is in the process of turning the Madison County residential building inspections back to the county inspector he was recently certified by the state. The commercial county inspections will be completed by the city’s commercial building inspector until the county decides which route to take with those inspections. 4 B. Finance: - Matt Nielson 1. Approve Fiscal Year 2021 Budget Calendar Finance Officer Nielson reported the completion of the audit was a large under taking for the Finance Department. The Fee Impact Committee met with city staff, some Council Members and consultants. A work meeting has been set for March 18th to review the city’s impact fees. He said the Fee Impact Committee has completed about two years of work. Finance Officer Nielson reviewed the Fiscal Year 2021 Budget Calendar. Discussion regarding the date and time of the City Council Drive-around scheduled on May 6th. Finance Officer Nielson said the scheduled date for the drive-around will be discussed at the next 5 City Council meeting to determine if Council Member Wolfe and Council President Busby are able to attend the drive-around. Finance Officer Nielson continued to review the Fiscal Year 2021 Budget Calendar. 2. Golf Contract Amendment and Budget Adjustment to Hire Golf Pro Finance Officer Nielson reviewed the Budget Adjustment to Hire a Golf Pro and the Golf Contract Amendment. Council Member Johnson moved to approve the Golf Contract Amendment and Budget Adjustment to Hire Golf Pro; 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 The motion carried C. Public Works: - Keith Davidson 1. Bid Award and Budget Adjustment for Walter’s Pond Diversion Public Works Director Davidson explained the purpose of the Walters Pond Diversion structure. The city can diverted water into Walter’s Pond for recharge to offset one of the city’s water rights. The city can actually pump more water out of the ground; however, for every gallon pumped out of the ground, the city needs to put one and a half gallons of water back into the ground once the city exceeds its existing water right. He said based on a survey conducted at the location, they should be able to gravity feed the water into the pond. The past few years, they have been using water pumps to pump the water up and over into the pond. The diversion structure will cut down on the expense to pump the water into the pond in the future. 6 Public Works Director Davidson reviewed the Budget Adjustment for the Walter’s Pond Diversion. 7 Council Member Mann moved to approve the low bid from Zollinger Construction in the amount of $37,850. and the Budget Adjustment from the Water Department in the amount of $48,000. for Walter’s Pond Diversion; 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 The motion carried 2. Budget Adjustment Wastewater SCADA Software Public Works Director Davidson reviewed the Budget Adjustment request for the Wastewater SCADA software. All of the lift stations will be upgraded and the software will allow all of the lift stations to be monitored. The software will notify the Wastewater Department of an issues a lift station may be experiencing. Public Works Director Davidson explained the need for the Wastewater Collection Model Software. He said with the amount of growth the city is experiencing an estimated amount of growth can be put into the model to forecast what the city’s capacity needs are going to be and if the lifts are able to handle the increase in the different areas throughout the city. There is also a maintenance software agreement in the amount of $1,800. Discussion regarding the operation of the lift stations. 8 Council Member Flora moved to approve the Budget Adjustment for the Wastewater SCADA Software; 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 The motion carried 3. T-O Engineers Airport Snow Removal Contract Acceptance Public Works Director Davidson reported he has not received the T-O Engineers Airport Snow Removal Contract. He will be bring the contract forward at the next City Council Meeting. The airport contracts with T-O Engineers to produce the documents for snow removal equipment for the airport. When the airport is moved to another location the equipment will be taken to the new airport. Council Member Walker asked when the sensors for the traffic light cameras will be installed at Yellowstone Hwy and University Blvd. Public Works Director Davidson replied the Idaho Transportation Department’s (ITD) technician is out of town until next week. The technician will program the camera to synchronize with the sensor’s computer. Mayor Merrill said he noticed ITD’s personnel working on Main Street and 2nd East filling pot holes. He asked if the city street crew is also fill pot holes. Public Works Director Davidson said the city crew has been filling pot holes and they have also been cutting out the snow on the storm drains to allowing the melting snow to flow into the drains. Mayor’s Report: Mayor Merrill reported the city’s Information Technology Department has been working on live streaming the City Council Meetings on the city’s website. He mentioned he attended the Pizza Hut ribbon cutting. The Pizza Hut owner is excited to be in operation again after reconstructing their building. Mayor Merrill reported he attended a meeting with Fire Department employee Robert Kholer. Mr. Kholer is also the joint County/City Emergency Manager. He said Mr. Kholer presented at the meeting to discuss the Community Wildfire Protection Plan and the All Hazard Mitigation Plan. Both of these plans are essential in case of a wildfire, earthquake or other form of natural disaster. The Fire Station is the designated headquarters in case any of these situations should arise. Mayor Merrill said there is comfort in knowing there are people trying to make sure we are ready and prepared if any of these types of disasters were to happen. Mayor Merrill reported City Economic Developer Torres, Planning and Zoning Administrator Parkinson and himself attended a Housing and Economic Development Conference in Boise on Monday and Tuesday. The classes offered at the conference were good and they learned different aspects of economic development. They met with different vendors at the trade show. There are some vendors that may be able to assist with financing and grants for different projects the city may desire to accomplish regarding economic development and affordable housing. Mayor Merrill said they also met with a Blue Cross of Idaho representative to discuss some of the projects the city is sponsoring to encourage healthy living in Rexburg. The representative was very impressed with the innovative projects the city has implemented. The Blue Cross of Idaho representative said they are looking for innovative ideas to develop grant funding. The representative also mentioned the great job the Complete Count Committee is doing to promote the Census. Mayor Merrill reported the city Department Heads attended a retreat were they discussed the city’s vision and strategizes on how to serve the public the best they can and discussed how to striving for excellence. The Department Heads also participated in a team building activity at Heber Hatchets. 9 Mayor Merrill said he met with Carol Ladle the Just Serve Coordinator for Madison County. If anyone is in need of volunteers she said to please contact her and she will make sure to put your project on the Just Serve website. He said Mrs. Ladle mentioned many people reach out to her desiring volunteer opportunities. Council Member Flora reminded everyone to attend the ribbon cutting for the Smithsonian on March 7th, at the Museum of Rexburg. Council Member Mann mentioned the Farmers Merchant Banquet Council Member Johnson explained the purpose of the City Events Newsletter. She hopes to consolidate all of the community events, recreational opportunities, and volunteer opportunities. The city’s webpage has a section where people can subscribe to the newsletter. She encouraged the BYU-Idaho Students to subscribe for the newsletter. Mayor Merrill mentioned the Mayor’s University Student Involvement Committee. He encouraged the students interested in being a part of this committee to apply at city hall. Public Hearings Items for Consideration: A. Resolution 2020-04 Comprehensive Plan Map Amendment (19-00778) at approximately 814 N Yellowstone Hwy from Commercial to Moderate to High Density Residential (Planning and Zoning recommended Low to Moderate Density Residential) – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the Comprehensive Plan Map Amendment at approximately 814 N Yellowstone Highway from Commercial to Moderate to High Density Residential; however, the Planning and Zoning recommended Low to Moderate Density Residential. He reviewed the location of the property requesting the change and the city staff recommendations. 10 Council Member Mann moved to approve Resolution 2020-04 Comprehensive Plan Map Amendment at approximately 814 N Yellowstone Hwy from Commercial to Low to Moderate Density Residential including city staff’s recommendations; 1. All storm drainage will have to handle on site. 2. Sewer capacity is limited at this site; however, the City of Rexburg is working with Sugar City to increase the capacity; 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 Wolfe Council Member Walker Council President Busby The motion carried B. Ordinance No 1224 Rezone (19-00767) 814 N Yellowstone Hwy from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) Zone – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the Rezone request at 814 N Yellowstone Highway from Community Business Center (CBC) to Medium Density Residential 1 (MDR1). The approval of the Comprehensive Plan Map Amendment will now allow the rezone change. He said behind or to the east of this parcel 4-plex units have been built. The developer desires to build the same types of 4-plex units in front of the parcel. Planning and Zoning is recommending approval with the same conditions stated in the Comprehensive Plan Map Amendment.: 1. All storm drainage will have to be handled on site. 2. Sewer capacity is limited at this site; however, the City of Rexburg is working with Sugar City to increase the capacity. 11 12 Council Member Flora moved to consider and first read Ordinance No 1224 the Rezone at approximately 814 N Yellowstone Hwy from Community Business Center (CBC) to Medium Density Residential 1(MDR1) Zone with the conditions city staff recommended; 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 The motion carried C. Resolution 2020-05 Rexburg Fair Housing – The Development Company City Attorney Zollinger indicated the Rexburg Fair Housing Resolution is an annual renewal of the city’s obligation and commitment to provide fair housing to everyone in the community of Rexburg. He said the Resolution is also the city’s policy to follow the guidelines established by the federal government with relationship to those types of activities; it also makes the city eligible for federal and state grants. City Attorney Zollinger said the state and federal laws do not include LGBTQ as protected class they are existing in the gender discrimination provision throughout federal and state contracts. The City of Rexburg has never not been able to protect against those types of discriminations when they have presented themselves. 13 FAIR HOUSING RESOLUTION Resolution No. 2020 - 05 LET IT BE KNOWN TO ALL PERSONS OF the City of Rexburg that discrimination on the basis of race, color, religion, sex, national origin, handicap, or familial status in the sale, rental, advertising, leasing or financing of housing or land to be used for construction of housing or in the provision of brokerage services is prohibited by Title VIII of the 1968 Civil Rights Act (Federal Fair Housing Law) and the Fair Housing Amendments Act of 1988; and WHEREAS, it is the policy of the City of Rexburg to encourage equal opportunity in housing for all persons regardless of race, color, religion, sex, national origin, handicap, or familial status. Therefore, the City does hereby pass the following Resolution; NOW, THEREFORE, BE IT RESOLVED that within available resources the City will assist all persons who feel they have been discriminated against because of race, color, religion, gender, national origin, handicap, or familial status to seek equity under federal and state laws by referring them to the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division. BE IT FURTHER RESOLVED that the City shall publicize this Resolution and through this publicity shall encourage owners of real estate, real estate brokers and sellers, rental owners, rental property manager, lenders, developers, builders, home buyers, and renters to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and amendments and any applicable state or local laws or ordinances. SAID FAIR HOUSING PROGRAM will at a minimum include: 1. Publicizing this resolution; 2. Posting applicable fair housing information in prominent public areas; 3. Providing fair housing information to the public; 4. Preparing a fair housing assessment; and 5. Declaring April as Fair Housing Month. EFFECTIVE DATE, this Resolution shall take effect March 4, 2020. NOW, THEREFORE, I, Jerry Merrill, Mayor of the City of Rexburg, Idaho, Madison County, do hereby proclaim April 2020 to be FAIR HOUSING MONTH In the CITY of REXBURG, Madison County, State of Idaho. PASSED by the City Council and approved by the Mayor on March 4, 2020. ________________________________ SIGNED BY: Jerry Merrill, Mayor ATTEST: I hereby attest that the above is a true copy of a Resolution passed at a regular meeting of the Rexburg City Council, City of Rexburg, held on March 4, 2020. (Seal) ________________________________ Deborah Lovejoy, City Clerk 14 Council Member Walker moved to approve Resolution 2020-05 Rexburg Fair Housing; 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 The motion carried Calendared Bills and Tabled Items: A. Third Reading: Those items which have been first read: 1. Ordinance No 1222 Intent to Create Local Improvement District (LID) 49 – Keith Davidson ORDINANCE NO. 1222 AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 49; DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER TO PREPARE THE NECESSARY PLANS AND SPECIFICATIONS FOR THE WORK; AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID WORK AS AUTHORIZED BY LAW; PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITTED THEREBY AND THE METHOD OF ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. Council Member Johnson moved approve and consider Ordinance No 1222 Intent to Create Local Improvement District (LID) third read; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker The motion carried 2. Ordinance No 1223 Rezone (19-00753) 669 Pioneer Rd from Community Business Center (CBC) to Mixed Use (MU) Zone – Alan Parkinson ORDINANCE NO. 1223 Rezone Approximately 669 Pioneer Rd from Community Business Center (CBC) to Mixed Use (MU) 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. 15 Council Member Mann moved approve and consider Ordinance No 1223 Rezone (19-00753) 669 Pioneer Rd from Community Business Center (CBC) to Mixed Use (MU) Zone 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 The motion carried Mayor’s Business: Mayor Merrill reported the city’s hiring panel has an interview scheduled with a candidate for the Cultural Arts Director position tomorrow. They will be touring the Tabernacle and Romance Theater. He also mentioned the Annual AIC Conference in Boise on June 10-12. 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 February 11, 2020 work Meeting B. Minutes from February 19, 2020 meeting C. Approve the City of Rexburg Bills Council Member Mann 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 The motion carried Adjournment APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk