Loading...
HomeMy WebLinkAboutCouncil Minutes - December 15, 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 Wolfe said the prayer Council President Busby 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. Welcome New Employee: Anthony Zonts – Engineering Technician Anthony Zonts said he is a recent engineering graduate and has lived in the area since attending high school. He lives in Rigby and looks forward to working with the City Engineering Department. 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. Committee Liaison Assignments for 2021: A. Council Member Mann: M.E.P.I. · Legacy Flight Museum Council Member Mann reported the Legacy Flight Museum and M.E.P.I. have not met. M.E.P.I. has not met for some time. Mayor Merrill said there has been discussion about starting M.E.P.I meetings in the New Year especially due to the recent addition of the entrepreneur center in the City Hall Building. B. Council President Busby: Cultural Arts/Museum Events · School Board · M.U.S.I.C. Council President Busby reported he has not met with Cultural Arts Director Platt this week and is not aware of any up-coming events. The School Board has met, they are in the second week of the second trimester. The Madison Boys’ Basketball team has begun their season, they will be playing Idaho Falls this week. The M.U.S.I.C. Committee met last week to discuss plans for the WinterFest Event. They will meet again to determine a date and location for the event. Council Member Flora mentioned the Arts Council web-site www.rexburgarts.org. The time and dates of the Cultural Art events are listed on that site. C. Council Member Walker: MYAB · Traffic & Safety Council Member Walker reported the MYAB assisted with the Shop with a Cop Program. They will meet again tomorrow for their Christmas Party. The Traffic and Safety Committee will not meet until the first of the year. D. Council Member Johnson: Trails · Beautification Council Member Johnson reported she spoke with the Recreation Department regarding the grooming of the fat bike trail at the Legacy Golf Course. A sign will be posted to inform patrons of the fat bike trail. The Beautification Committee will meet in the spring. E. Council Member Flora: Parks Committee · Urban Renewal Agency Council Member Flora reported the Parks Department is working on building an ice rink at the Winter Park for skating. The Recreation Department is working on the winter recreation programs that will begin on the first of the year. She mentioned the possibility of having a feasibility study be completed to determine if a Recreation District could be formed within Rexburg. Council Member Flora gave an update on the installation of the new equipment being installed at Nature Park. The Urban Renewal Agency met to pay many invoices and approved a recent study that gives direction of how to improve and foster growth in the downtown area. F. Council Member Wolfe: Airport Board · Golf Board Council Member Wolfe reported the Airport Board met to discuss the relocation of the airport. There are environmental issues needing to be addressed to relocate the airport. The Golf Board met; however, he was unable to attend the meeting. Staff Reports: Finance: - Matt Nielson Budget in Brief – Fiscal Year 2022 Finance Officer Nielson reviewed the highlights in the Budget in Brief Report. / / / / / Finance Officer Nielson reviewed the Total Expense Budget and Total Revenue Budget. / / / / / Finance Officer Nielson reviewed the Property Tax Breakdown and Comparisons. / / City Attorney Zollinger mentioned about 50% of the city’s property value is tax exempt. The City of Rexburg budgets well consider the minimum amount of taxes the city receives. Council Member Johnson said when considering the sections of the graph of the Total Expense Budget the LID amount is small compared to the rest of the expenses. Finance Officer Nielson explained LID 51 is estimated to cost about 2.7 million dollars with the city paying 2.1 million dollars of the project. The residents share was about $600,000 with the city covering over 70% of the costs which is a significant amount. / / / Annual Street Report - Fiscal Year 2021 Finance Officer Nielson reviewed the Annual Street Report that is required by state statute. The funding sources are listed in the report. When considering the Transportation Plan and the items needing to be maintained there is a deficiency in funds to complete the street projects. / Financial Reports Blue Cross High 5 Grant Agreement Finance Officer Nielson said the city has received notice from the Blue Cross High 5 Foundation about an application the city submitted for a Comprehensive Plan Update. The Blue Cross High 5 Foundation approved a $50,000 grant. He said other city staff members estimated the amount of funds it would take to complete the updates to the Comprehensive Plan. Finance Officer Nielson reviewed the Budget Adjustment for Comprehensive Plan Update. Council Member Mann mentioned there has been discussion about updating the plan for several years and questioned if a consultant is needed for the updates. He also asked for the reason why the plan has not been updated since new employees were added to facilitate the update of the plan. Planning and Zoning Administrator Parkinson explained there were several factors that have delayed the updates to the plan. The Covid-19 pandemic slowed down the process and the numbers from the Census were needed to complete some of the aspects of the plan. The current road block the Planning and Zoning Department is facing are the amount of applications they are receiving which will take away their ability to focus on the plan updates. Council Member Mann asked for the projected date of when the updates will be completed. Administrator Parkinson said the updates will be complete at the end of fiscal year 2022. / Council Member Flora moved to approve the Budget Adjustment for the Planning and Zoning Comprehensive Plan Update and Blue Cross High 5 Grant 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 Council President Busby The motion carried Public Works: - Keith Davidson Recommendation to approve amendments to Ordinance No 1129 Flood Hazards Identified by the Federal Insurance Administration. Designated as Ordinance No. 1272 if motion passes. Staff recommends the suspension of the rules and consider Ordinance No 1272 third read due to a deadline for adoption of December 31, 2021 ORDINANCE NO. 1272 FLOOD DAMAGE PREVENTION ORDINANCE AN ORDINANCE REPEALING AND REPLACING ORDINANCE 1129 TO UPDATE THE CITY’S FLOOD DAMAGE PREVENTION ORDINANCE TO MEET CURRENT STATE OF IDAHO AND FEMA REGULATIONS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: Public Works Director Davidson said the update to the Flood Plain Ordinance was discussed in a City Council Work Meeting in November. He received information from the State of Idaho that the ordinance needs to include any type of building in the flood plain would require an engineering study. The Henry’s Fork and Teton River flood plain maps will be updated, and a flood way will be established. The ordinance will need to be updated with the new information and maps. He explained when a flood way is not established an engineering study needs to be completed. When there is flood way established then building would not be allowed to take place in the flood way locations. Council Member Walker moved to approve to suspend the rules for Ordinance No. 1272 Flood Damage Prevention; Council President Busby seconded the motion; Mayor Merrill asked for a roll call 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 Member Wolfe moved to approve Ordinance No. 1272 Flood Damage Prevention 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 Resolution 2021-17 Agreement for Federal Aid Highway Project No. A023(330) Barney Diary Rd and 7th North Bridge Over the Teton River Update Key No. 23330 Resolution for an Agreement for Federal Aid Highway Project No. A023(330) Barney Dairy Rd and 7th North Bridge Over the Teton River Update Key No. 23330 Resolution No. 2021-17 WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF REXBURG, hereafter called the CITY, for construction of connecting Barney Dairy Road and 7th North and includes a new bridge over the South Fork of the Teton River; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid Highway System when there is federal participation in the costs; and WHEREAS, certain function to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, the STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for Federal Aid Highway Project A023(330) is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. ________________________________ SIGNED BY: Jerry Merrill, Mayor CERTIFICATION: I hereby certify 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 December __, 2021. (Seal) ________________________________ Deborah Lovejoy, City Clerk Public Work Director Davidson said Resolution No. 2021-17 is to accept the grant in the amount of three million dollars for the project. Council President Busby asked if the grant is a fund matching grant. Public Works Director Davidson replied the grant is a matching fund grant; however, the project expenses will exceed six million dollars. He explained the process to receive the grant funds: after the resolution is approved, a Request for Qualifications (RFQ) for an environmental consultant to review the proposed site, followed by an engineer design of the bridge and roadway. The construction of the bridge was tentatively slated in the year 2028. Council Member Johnson moved to approve Resolution No. 2021-17 for an Agreement for Federal Aid Highway Project No. A023(330) Barney Dairy Rd and 7th North Bridge Over the Teton River Update Key No. 23330; 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 Resolution 2021-18 Public Notice Under the Americans with Disabilities Act – Updated version for compliance of Block Grant for Barney Dairy Lift Station Project PUBLIC NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT Resolution 2021 - 18 WHEREAS, Section 504 of the Rehabilitation Act (as amended) prohibits discrimination on the basis of handicap in federally assisted programs and activities; and WHEREAS, the Americans with Disabilities Act (ADA) enacted on July 26, 1990, provides comprehensive civil rights protections to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications; and WHEREAS, most programs and activities of State and local governments are recipients of Federal financial assistance from one or more Federal funding agencies; NOW, THEREFORE, In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Rexburg will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA). Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in its programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all its programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the office of the City Clerk as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to the City Clerk. The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. Se le puede proveer esta notificación en un formato accesible para las personas discapacidades y/o personas con conocimientos limitados del inglés a pedido. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 15TH DAY OF DECEMBER 2021. ATTEST: ________________________________ Jerry Merrill Mayor ___________________________ Deborah Lovejoy City Clerk Public Works Director Davidson explained generally the city is required to update the different compliance under the Americans with Disabilities Act (ADA). When a grant or federal funds are received an update in compliance with ADA is required under the statute. Council Member Mann moved to approve Resolution 2021-18 Public Notice under the Americans with Disabilities Act; 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 Selection of Engineer for Airport Crack Sealing and Runway Rehabilitation Project Public Works Director Davidson said a Request for Qualifications (RFQ) was requested to crack seal and rehabilitation the airport runway. Only one RFQ was received from T.O. Engineering. The city engineers have worked with T.O. Engineering before on other projects and are recommending the contract be awarded to T.O. Engineering. Council President Busby moved to approve the Consultant Contract for the Crack Sealing and Runway Rehabilitation Project; 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 Council President Busby said the streetlight on 2nd W is now working; however, the blinking light headed west on Main Street is not working. Public Works Director Davidson reported several police officers canvased the city streets for non-operable streetlights. They found 28 streetlights not working with 25 of them being serviced by Rocky Mountain Power. The city will repair three of the 28 lights and Rocky Mountain Power will repair the other 25 lights per the maintenance agreement. The lights at the roundabout were checked and the lights are adjustable; however, they are adjusted to as highest volume possible. He has ordered three new lights for the roundabout that will be twice as bright as the lights currently installed. Public Hearing 7:00 P.M.: Application for Idaho Community Block Grant to Idaho Department of Commerce for Expansion of Teton River Business Center – Scott Johnson / Mayor Merrill opened the public hearing Public Testimony in favor of the proposal (5-minute limit): Ted Hendricks explained this is an application to the Idaho Department of Commerce for an Idaho Community Development Block Grant (CDBG) in the amount of $500,000. The funding comes to the State of Idaho from the Housing and Urban Development a federal agency. There is a current facility in Rexburg that was built about 15 years ago and is filled to capacity. He said with the recent growth of the BYU-Idaho University Student population there is an increase of entrepreneurship opportunities. There have been several successful businesses housed in the facility. These businesses have provided hundreds of jobs for the community. One of the tenants is an online pharmacy company that has created 10 jobs last month and is projected to create 50 jobs in the year 2022. Mr. Hendricks continued to explain the project is a 6.5-million-dollar project. They have secured 1.25 million dollars from a federal agency called the United States Department of Agriculture Rural Development and are waiting to receive four million dollars from an agency called Economic Development Administration under the United States Department of Commerce. He said part of the project will include expanding the footprint of the College of Eastern Idaho (CEI). CEI is desiring to expand some of their programs that have been successful in the Upper Valley such as, their nursing program, data analytics, cyber security, and a variety of other programs. Their goal is to encourage entrepreneurship and to establish new businesses in the community. Mr. Hendricks said the project also includes a 20,000 square foot addition to the current building. Most of the 6.5 million dollars will be used for construction costs. They hope to have the funding by spring of this coming year. The lot adjacent to the current building has been purchased. The application handbook for the Department of Commerce is available for review. There is also access to the 250-page application. He will receive comments regarding the application for a period of time until it is submitted in March. Council Member Wolfe asked if the addition is going to be attached to the existing building or will it be a stand-alone building. Mr. Hendricks replied in the pre-design discussions the addition was attached; however, after more discussion it is more expensive to attach the addition than to build separate. They will likely decide to build separate; however, no decisions have been made. As part of the budget, they have allowed some funds to remodel the existing building. Mr. Hendricks said the new facility will be used for entrepreneurship. The existing building is used as a business incubator. The current building has enhanced and created thousands of jobs for the community. He believes the reason the government encourages the building of these type locations are to enhance entrepreneurship. If businesses don’t follow an accelerator or incubator process offered by the center they fail at about 85%. When a business does go through an accelerator or incubator process they succeed at about 85%. Since the funds are mainly coming from a federal grant all of the federal processes will be followed. Public Testimony neutral to the proposal (5-minute limit): None Public Testimony opposed to the proposal (5-minute limit): None Mayor Merrill closed the public hearing Council President Busby moved to approve the Application for Idaho Community Block Grant to Idaho Department of Commerce for Expansion of Teton River Business Center; 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 Public Hearing 7:00 P.M.: Creation of Local Improvement District 51 (LID 51) Designated as Ordinance No. 1274 if Motion Passes and Consider 1st Read – Keith Davidson Public Works Director Davidson reported on the creation of Local Improvement District 51 (LID 51). The streets included in the LID are Chad, Angela, Marianne and about 10 miscellaneous properties throughout the city. There were different options presented to the property owners during a neighborhood meeting. He said based on input given by some of the property owners and City Council, it was determined to keep the street the same width and the sidewalk against the curb and gutter. A rollback curb will be installed. Mayor Merrill opened the public hearing Public Testimony in favor of the proposal (5-minute limit): Jan Wright said she has lived in the neighborhood since 1976. She is in favor of LID 51 because the sidewalks in the neighborhood are deplorable, sinking and cracked. She said not all of the sidewalks are in that condition; however, the majority of them are and the road is falling apart. The road should stay the same width. She said Park Street is too narrow. Mrs. Wright said she spoke with the postmaster about installing one community mailbox and was informed in order to have a community mailbox all of the neighborhood residents would need to agree, and the cost would be about $150.00 per resident. Dale Wright said he too is in favor of replacing the sidewalk, curb and gutter. He understands the burden placed on property owners in the neighborhood; however, looking at it from a financial point of view, if the construction is delayed by five to six years construction costs will increase. He has not seen construction costs decrease and labor cost increase as well. He would prefer to pay less now than more in five to six years. Joey Wachtveitl said he too understands the financial burden LID 51 places on the property owners; however, the roads and sidewalks need to be repaired. Mayor Merrill asked those in the audience in favor of LID 51 to stand. He mentioned in order to reduce the number of mailboxes along the street, two mailboxes could be placed side by side. Public Testimony neutral to the proposal (5-minute limit): None Kenneth Lords express his concerns with some of the issues that took place on Park Street with LID 50. He believes a lot of mistakes were made causing property damage. He prefers the road not be narrowed due to issues with snow removal. He believes snow removal in the city is poorly done. All of the snow on Angela Drive is pushed to the south side of the road creating a four-foot-high berm of snow. In the month of April, the north side is all clear and the south side still has snow. When the snow placed on the south side starts to melt instead of the water running into the gutter it runs onto the road. He believes that causes more wear on his side of the road and his sidewalk. Jared Klingonsmith said he agrees the road and sidewalks need to be replaced; however, on his property the sidewalk is durable and in good condition. He expressed his concerns about the new concrete not being as durable and the LID process. The city has dealt with LID’s for many years and has fought the property owners about the costs of the LIDs. He asked if there was a better way to fund LID’s and if a survey could be sent to residents to determine their preference about funding LID’s or passing a transportation bond. Mayor Merrill explained there is a cost share between the city and property owner for LID’s. The property owner is paying some of the cost to improve their property. Council Member Flora explained the purpose of a Public Hearing is for City Council to address and consider the residents’ concerns regarding the proposal. If the residents prefer to postpone the LID in their neighborhood that is something City Council would consider; however, the cost may increase. Mr. Klingonsmith said he is favor of the LID moving forward; however, he would prefer a different method of funding LID’s. Mayor Merrill said some of the issues with electing a transportation bond is having it fail and then the much needed repairs would not be completed. The City of Idaho Falls doesn’t have their residents participate in a LID; however, their tax levy is much higher than the City of Rexburg’s so their citizens pay every year in their taxes. Mayor Merrill said one of the advantages of having an LID are the options of paying for the assessment in full or making payments on a 10-year term. The city is also not able to raise their taxes. Council Member Johnson said without completing a study it is unknown which would be higher; a bond or LID. Council Member Mann said when he was first elected the city asked for a transportation bond, the bond failed by 41%, it needed a 67% majority to pass, bonds are very difficult to pass. Mr. Klingonsmith said with the growth of the city a transportation bond may pass. Mayor Merrill said Mr. Klingonsmith asked if a survey could be sent to city residents to determine if they prefer LID’s or a transportation bond; however, the property owners that have already participated in an LID may vote no to a transportation bond. Public Testimony opposed to the proposal (5-minute limit): None Robert Nathan Tonks expressed his appreciation to City Council for considering the input of property owners in the Rick-Wade Subdivision through a neighborhood survey that reached 57 of the 60 property owners. The survey found over 60% of the property owners preferred to keep the streets existing width and to change the curb to a rolled curb. The survey also determined if the property owners preferred to move forward with the LID or postpone it for a later time. At the time of the survey 34 out of the 60 property owners or 57% said they would prefer to wait; however, he is requesting City Council postpone the creation of LID 51 for two to three years which is still within the time frame of the City’s Strategic Plan for street improvements. The postponed time could be used to review other finance options and better the communication between city staff and property owners regarding LID’s. The contracting process could also be reviewed to ensure the work completed meets specifications. There are property owners with financial concerns in the community and more time will allow for property owners to save funds for their assessment. He said more time will also allow for fundraising, crowd funding, grants and pool labor efforts. Jeremey Snell said the timing of the LID is poor for many reasons. He agrees with Mr. Klingonsmith about having a city-wide survey to determine the property owner’s preference regarding other forms of funding LIDs. He said he was disappointed with the survey at the neighborhood meeting outlining the following options: to leave the width of road or to narrow the road and to postpone the LID or move forward with the LID. The rolled curb option was not on the survey. He would have preferred the survey be about the different forms of funding for LIDs and the option to not have to participate in the LID. He doesn’t believe the questions on the survey were the right questions and would prefer to review the results of the survey to determine how many property owners filled out the survey. Mr. Snell suggested this public hearing be tabled until the newly elected councilmembers are sworn in. He is concerned the estimates on the assessments will change. Council Member Flora clarified at the neighborhood meeting two estimates were handed out one with narrowing the road and the other to leave the width of the road. The rolled curb option was not on the survey because a consensus was reached at the neighborhood meeting regarding having rolled curbs. She said the purpose of the survey was to determine the property owner’s preference regarding the options mentioned. The survey was not to determine which property owners desired to or not to participate in the LID. Mr. Snell said there is poor planning from the city because several years ago a lot of the sidewalks were torn out and replaced. A section of road and curb and gutter were also replaced. All of the new concrete that was poured at that time is going to torn out again for the LID. He said he doesn’t understand if the city’s plan was to create an LID for his neighborhood, why didn’t the city wait to complete that work during the LID? Some of the property owners have replaced their sidewalks and driveways. He questioned if there is a way to salvage the concrete work that was recently installed. Mayor Merrill replied if a property owner has replaced their driveway the entire driveway would not have to be replaced only the section that needs to comply with ADA standards. Mr. Snell explained when a property owner needs to come up with a large lump sum of money, it causes a financial burden on those affected. They also generally will have to refinance or sell their homes. He asked if a survey could be sent out to all of the city residents to determine their desires on how to fund LIDs. Brian Kennedy expressed his confusion regarding the timeline of how long the LID was to be postponed. Mayor Merrill replied if the LID were to be postponed it would be for at least three years. Mr. Kennedy said during the election this last fall LIDs were a topic of discussion during interviews with the candidates. He agrees clarification needs to be obtained as to the desires of the citizens regarding funding for LIDs. There are concerns regarding the costs of each assessment. Mayor Merrill asked the citizens to stand if they are opposed to the LID. Mayor Merrill explained when the city engineers calculate the estimated assessments, they generally calculate them higher and sometimes the cost will come in lower then estimated. There are several payment options one being a lump sum payment or payments made in a 10-year time frame. The interest rate was recently lowered for the payments option. The city has also increased the percentage of their share of costs for the LID. The payments for this LID would not be due until a year from today. Finance Officer Nielson summarized the finance options for the LID. The interest on the payment option is prime, currently prime is at 3.25% which is a significant difference from 5 to 6% fixed. The cost sharing was changed to a percentage this percentage was increased by the average costs over the last 10 years from a fixed amount. The percentage is fair because when prices rise or fall there is a proportionate benefit to other property owners that have participated in a LID. He said if the property owner decided to make a lump sum payment the payment wouldn’t be due until a year from now and if the payment is financed the first payment wouldn’t be due for about 24 months. The terms of the financed payment could be changed to a 15 year instead of 10 year to lower the monthly payment. Finance Officer Nielson mentioned when the city engineers are determining the cost of the LID assessments, they are forecasting a worst case scenario. The actual costs of the assessments cannot be determined until the bids for the project are received. Discussion regarding a treasurer’s tax deed for property owners that do not pay for their LID. Some property owners will refinance their homes and add the LID costs into that loan. The city can increase the budget by 3% each year and through new construction; however, the inflation rates are higher. Last year, every property owner received a property tax credit; however, currently in this new year there is an increased assessed value for residential property. The burden has been placed on the residents. Discussion regarding the warranty on the work being performed on the LID. Public Works Director Davidson said there is a one-year warranty on the work performed. If there are areas that are not up to standards within the one-year warranty the contractor would fix those areas. Council Member Johnson asked if the one-year warranty could be increased. City Attorney Zollinger explained the issues with the current concrete is a surface failure and not a structural failure. By increasing the warranty time, the bids come in at a higher costs. Discussion regarding an itemized assessment. The letter the property owners received has a picture of the portion of sidewalks and driveways needing replacement. Public Works Director Davidson said if there is a section of their property not included in the picture it is because the city is going to pay for that section of sidewalk to be replaced so the property owners that have recently replaced their sidewalks are not being penalized. Mayor Merrill closed the public hearing Council Member Mann encouraged forming a citizen’s committee to review the LID process. He is in favor of moving forward with the creation of LID 51 because better pricing is achieved by starting the biding process earlier in the year. There isn’t a different process than to have property owners participate in an LID. Council Member Johnson said she is not in favor of LIDs and believes there is a better way to finance an LID. She said she grew up in a family that if they were to receive a bill in the amounts of some of these assessments, it didn’t matter if they waited three or five years there wouldn’t be a way for her family to come up with that amount of money. She said she cannot vote to approve the creation of LID. She believes there is a better way to finance an LID and understands change is difficult; however, if they don’t try to change the process, it will remain the same. Council Member Flora said both options to create or to postpone the creation of LID 51 seem right. She is concerned about the property owners that are on fixed incomes and worries if the improvements are postponed the residents will end up paying higher costs. She said it is difficult to make a decision when half of the resident do not desire the LID to be postponed and half do desire it to be postponed. Council Member Walker said he understands the difficulty of making a decision to create LID 51 because he lives in that neighborhood. He knows some property owners cannot afford to pay their portion of the improvements made to their property; however, there are some that can afford to pay. He said he is concerned the costs will continue to increase. Mayor Merrill said the interest rate on LIDs has decreased; however, they are based on prime and could increase. Council Member Wolfe expressed his desire and the desire of the other councilmembers to provide financing options for property owners to pay for the improvements made to their properties. As councilmembers they are trying to make the best decision for the neighborhood. Council Member Walker mentioned the interest rates have decreased, the city’s participation in the cost of an LID have increased, there are several different payment options, these are some of the aspects to assist property owners in paying for their assessments. The city doesn’t have sufficient funds to fund the entire improvements. He is in favor of other finance options; however, the LID process is the only option available at this time. Discussion regarding changing to a different method of financing an LID. Council Member Flora said it is not legal for the city to raise taxes so creating a different method would be difficult. A transportation bond would need to pass with a two thirds majority in order to be able to finance the improvements. Council Member Walker moved to approve Ordinance No. 1274 the Creation of Local Improvement District 51 (LID 51) and considered first read; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried Mayor’s Report: Mayor Merrill thanked the Mayor’s Youth Advisory Board Members for their assistance with the Shop with a Cop Event. He attended a meeting with Eastern Idaho Water Rights Council yesterday with Public Works Director Davidson. The city has sufficient water right agreements with many different parties in case there is a shortage of water in the future. Congressman Simpson attended the meeting to propose some of the dams on the lower Snake River be removed. There will be further discussions regarding Congressman Simpson’s proposal. Items for Consideration: Planning and Zoning Recommendation to deny rezoning land at approximately 154 N 4th E, parcel #RPRXBCA0205320 from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1) zone #21-00860 Designated as Ordinance No. 1275 if Motion Passes and Considered 1st Read. – Alan Parkinson Planning and Zoning Administrator Parkinson explained the rezone request fits the requirements for water, sewer and basic public works services. During the public hearing at the Planning and Zoning meeting many neighborhood residents were opposed to the rezone request and proposed development. Mr. Einerson met with the neighborhood residents in a public meeting after the hearing. Mr. Einerson believed he had a consensus to move forward with Low Density Residential 3 (LDR3); however, letters of opposition were sent to the city. Mr. Einerson has decided not to request the rezone of LDR3. City Attorney Zollinger explained the applicant was frustrated because they were not allowed to present their development. Mayor Merrill questioned if the applicant was allowed to present their development and a decision was made contingent to the development being presented would a decision be allowed. City Attorney Zollinger replied there is a state procedure allowing a conditional zone change; however, he recommends against that type of decision. To his knowledge the applicant did not have a desire to build at a higher density than the zone allowed. The applicant desired to develop at a configuration that has not been allowed in the LDR2 Zone. The building configuration is not consistent with the building code. There is an inconsistency in the building code and Planning Ordinance. City Attorney Zollinger said when a rezone is being considered, the highest density allowed in that zone is being considered; however, the applicant may not desire the highest density allowed. He said townhomes are consider single family residences in the building code; however, that is not recognized in the city’s Planning Ordinance. He said city staff will review some of the definitions in the Planning Ordinance. Council Member Johnson moved to deny the request to rezone the property at approximately 154 N 4th E, parcel #RPRXBCA0205320 from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1) Zone; 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 Levi Shaffer said he attended the neighborhood meeting Mr. Einerson held. After, the meeting in the parking lot Mr. Einerson mentioned to him that he had full intentions to build at the maximum density MDR1 would allow. If the applicant desired to only build townhomes the rezone request would not be necessary. City Attonery Zollinger explained when a rezone request is being decided, the decision should be based on a worst case scenario. The applicants rezone request was for MDR1 which was unacceptable to the neigborhood residents. Calendared Bills: A. Second Reading: Those items which have been first read: 1. Ordinance No 1263 Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones #21-00802 with an Effective Date of January 1, 2022. – Alan Parkinson Council Member Flora moved to approve Ordinance No. 1263 an Amendment to Development Code Ordinance No 1200 Adding Section 9.4 Mobile Food Court with Additional Definitions and Necessary Amendments to Current Zones with an Effective Date of January 1, 2022, with the following conditions: increase the density to allow three vendors to operate on one parcel and amend 9.04.060 Mobile-Vending Court letter (H) # 3. No Existing Restrooms. Permanent restrooms shall be constructed where there is not access to existing restrooms facilities. (No portable restrooms will be permitted) to allow portable restrooms when permanent restrooms are non- existing or inaccessible 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. Ordinance No 1256 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. – Deborah Lovejoy and Alan Parkinson Council Member Walker moved to approve Ordinance No 1256 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 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. Ordinance No 1273 Annex into the City of Rexburg property in the Impact Area at approximately 100 N 12th W and Rezone said property from Transitional Agriculture (TAG) and Community Business Center (CBC) to Mixed Use (MU) zone #21-00754 – Alan Parkinson ORDINANCE NO. 1273 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. / Council Member Wolfe moved to approve Ordinance No 1273 Annex into the City of Rexburg property in the Impact Area at approximately 100 N 12th W and Rezone said property from Transitional Agriculture (TAG) and Community Business Center (CBC) to Mixed Use (MU) Zone Rezone and consider second 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. Third Reading: Those items which have been second read: 1. Ordinance No 1271 Rezone property in the Rexburg West Division 1 Subdivision at approximately North 12th West from Community Business Center (CBC) to Mixed Use (MU) zone #21-00755. – Alan Parkinson Action Item ORDINANCE NO. 1271 Rezone the Rexburg West Division 1 Subdivision at Approximately North 12th West and Main St. 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. / Council President Busby moved to approve Ordinance No 1271 Rezone property in the Rexburg West Division 1 Subdivision at approximately North 12th West from Community Business Center (CBC) to Mixed Use (MU) Zone and consider it 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 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. Minutes from December 1, 2021, Meeting Approve the City of Rexburg Bills Council Member Wolfe moved to approve the Consent Calendar containing the minutes and city bills; 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 Council President Busby The motion carried Adjournment 9:42 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _______________________________ Deputy City Clerk, Marianna Gonzalez