HomeMy WebLinkAboutCouncil Minutes - February 16, 2022
Mayor Jerry Merrill
Council Members:
Robert Chambers Jordan Busby
Mikel Walker Tisha Flora
Colin Erickson 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. City Council Work Meeting – Discussing Local Improvement District Procedures, Reviewing Developer Standards for Broadband Infrastructure and Emergency Management Situational
Awareness Application Training
Daniel Torres with the city Economic Development Department reviewed the proposed Broadband Development Standards.
Public Works Director Davidson reviewed a map of the city roads on the overhead screen. The roads highlighted in brown are roads that need to be completely reconstructed. The roads highlighted
in green are roads that will need to be reconstructed in 10 to 15 years.
Public Works Director Davidson reviewed the estimated cost of the sections of road highlighted in the map above. He also reviewed, the priority, projected year, project name and the
work needing to be completed on each section of road. The amount of funds available for street repairs is not sufficient and the higher volume of traffic on the roads will cause deterioration
to occur more rapidly.
Council Member Chambers questioned if the water and sewer lines need to be replaced when a road is being completely reconstructed. Public Works Director Davidson explained when a road
is being reconstructed the sewer and water lines are inspected to determine if they need to be replaced. The determining factors for a sewer line replacement are the age and material
of the line. The replacement of the water lines is also determined by the age of the line and material. If the water lines are made of galvanized copper, they will need to be replaced.
A forty-year life is generally expected of the service lines.
Council Member Johnson asked if the residents are going to be sent a letter, asking them if they want to participate in the Local Improvement District (LID). Public Works Director Davidson
explained he would prefer to send residents the Five-Year Capital Improvement Plan for streets and offer a LID 101 town hall meeting. LID information is also made available on the city’s
website.
Mayor Merrill said the purpose of this discussion is to determine if the city should focus more on the heavily used roads in the city and not focus so much on neighborhood roads. Council
Member Flora asked if there could be a dual approach where letters are sent out to neighborhoods with deteriorating roads to see if they are interested in participating in an LID and
information about the Five-Year Capital Improvement Plan.
Discussion regarding sending out an information letter to residents regarding LIDs. Public Works Director Davidson questioned how often the LID letters should be sent out every year
or every five years.
City Attorney Zollinger said he is uncomfortable with the point of a LID in being missed. The LID process is not, if a property owner wants to participate in a LID. It’s that a critical
point has been reach in the infrastructure that the city is informing the property owner of the mechanism by which the city maintains the needs of a community such as sidewalks, curb,
gutter, streets, water, and sewer. He posed the following scenario, a letter is sent to a property owner asking if they want to participate in a LID, it may seem that the property owner
has inherited a belief that somehow it is up to them to decide whether to participate. This is only true on a private street.
Mayor Merrill mentioned property owners often pose the following question, if they do not have a say whether to participate in a LID, then what is the reason for holding a public hearing.
City Attorney Zollinger said the purpose of the public hearing is not to determine, if the property owner is able to pay for the LID cost; it is to determine if the work on the street,
sidewalks, curb and gutter are warranted. It’s the function of government to provide unified services.
City Attorney Zollinger said City Councilmembers should guard against the habit that creating LIDs are a favor the city is doing for a neighborhood. It’s the city’s obligation to maintain
infrastructure and having city services is how the city is distinguished from the county. The county doesn’t provide water or sewer services. He said LIDs should not fail because it
doesn’t receive a popular vote by the property owners. The LID concept is to be completed per area, it is not based on whether one neighborhood can afford it, and another cannot. They
are choosing which neighborhood is in critical need of city infrastructure. The city stretches its minimal funds by cost sharing with the property owners. He said as elected officials
and city staff they need to get back to remembering their job which is to maximize the efficiency of the city funds and not maximize their popularity.
Council Member Flora asked if a neighborhood is not part of the Five-Year Street Capital Improvement Plan and if they are interested in participating in and LID can that neighborhood
be added to a LID. City Attorney Zollinger replied yes, a neighborhood may request to be placed on an LID.
Discussion regarding the current width of the roads and narrowing the roads when participating in a LID.
Madison County Emergency Manager Kohler explained the use of the Emergency Management Story Map and provide training to the Councilmembers on how to use the story map.
6:30 P.M. City Hall
Council Member Johnson said the prayer
Council Member Erickson led the pledge
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Johnson, Council Member Chambers, Council Member Erickson, Council Member Walker (via Zoom), Council President Busby and Mayor Merrill.
Presentation: East Idaho Law Enforcement Chaplain Program – Introduction & Presentation Shane Turman and Chaplains
Assistant Police Chief Hagan introduced East Idaho Law Enforcement Chaplains: Krista, Nancy Doug, Kim, and K-9 Trixie. The purpose of the presentation is to inform City Council of how
the Chaplaincy assists the community and the Police Department. Another reason is to promote and recruit chaplains in this area because most of the chaplains are from Idaho Falls and
the southern side of the state.
Assistant Police Chief Hagan asked the Mayor and Councilmembers to review the brochure he handed out to them about the Chaplaincy Program. The information in the brochure specifies
the importance of why the Rexburg Police Department would like to partner with them.
Assistant Police Chief Hagan said the Chaplaincy recently assisted the Rexburg Police Department with placing a family in a hotel after their home was damaged by fire. The Chaplaincy
has many resources to be able to assist first responders. Some of those resources include mental health services for police officers and community members. There was a mental health
situation recently where an individual committed suicide in front of the police officers. The Chaplaincy was able to conduct a critical incidental debrief of the officers involved and
were able to accompany officers to complete a death notification to the spouse. He said as police officers they deal with many critical incidents and don’t have sufficient time to spend
with the individuals affected by the incident. The Chaplaincy can spend an effective amount of time with the affected individuals.
Krista Trinchera Co-Founder and Executive Director of the Law Enforcement Chaplaincy of Idaho. The Chaplaincy is on its second year of operation. They began in Bonneville County serving
with the Idaho Fall Police Department and Bonneville County Sheriffs. Recently, they started serving the Madison County Sheriff’s Department, Madison Fire Department and Rexburg Police
Department. They hope to gain exposure in the city to recruit chaplains in the area. When they responded to the critical incident mentioned, they responded from Idaho Falls so it took
more time then preferred in these types of situations. By having chaplains in the area, the responding time will be faster. The Chaplaincy is a non-profit organization, and the members
are volunteers. They do not charge for their services.
Krista Trinchera said many of the chaplains have a background in law enforcement and fire services. They require an extensive training program for all the chaplains in trauma and crisis
response. Currently, they have their first advanced group of trained chaplains. These chaplains are specifically trained to work with law enforcement and fire services. The numbers
are staggering in first responders’ mental health issues and suicide. They are more likely to lose police officers to suicide then in the line of duty. They feel an obligation to take
care of the first responders and most chaplains are post certified in POST suicide recognitions and prevention. When there is a critical incident, the chaplain is on scene working beside
the first responders
and can keep an eye on them to make sure they are processing in a healthy manner. The chaplain can follow up with the first responder to make sure they are sleeping well, and that the
incident isn’t playing over and over in their head. If they are having difficulty processing, then there are great resources to refer them out to. They have been building their resource
network such as green light therapy to lower blood pressure, anxiety levels and sleep so the responders are able to give their statements.
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.
Mary Jackson said she attended the February 2nd City Council Meeting to inform the Councilmembers of the incident she and her daughter had with the Rexburg Police Department, Judicial
System and Emergency Services. They attacked them and kidnaped her grandchildren and gave them to the pedophile father who had abandon them 13 months prior. One of the reasons she is
bringing this incident to the Councilmember’s attention is because property taxes cover a portion of these services. She calculated the amount of her property taxes that cover these
services and deducted that amount from her payment. She is not willing to support these kinds of abuses in the community. She said she desires leadership, accountability, real changes
and not Band-Aid approaches, from City Council. She does not want to sue this city and county. The taxpayers are not responsible for what people running amuck are doing and money doesn’t
resolve the problems that have been caused to her family.
Ms. Jackson said it has been one year, one month and nineteen days her grandchildren have been living with a pedophile. Her grand-children’s names are Kamilia, Peter, and Simon. Her
grandson Simon was handed to Mr. Hagan by Joseph Heaberle. Simon is only twenty months old. She said she is unsure how the Councilmembers feel about this, but pedophile and kidnapping
are not acceptable. Idaho code says if a parent abandons a child the parent who wasn’t the abandoning person should retain custody of those children. Mayor Merrill said a copy of her
letter detailing the incident have been given to the local authorities who have jurisdiction, such as the judges and prosecuting attorney.
Committee Liaison Assignments for 2022:
A. Council Member Chambers: M.E.P.I. · Cultural Arts Events · Grants
Council Member Chambers reported M.E.P.I. has not met; however, he spoke with Economic Director Johnson about coming up with a strategy to resume meetings with the M.E.P.I. Board.
Council Member Chambers said he met with Cultural Arts Director Jed Platt. He said he is pleased by how many events take place with little funding. They will be holding auditions at
the Romance Theater for a summer performance. The High School Barbershop Festival will be performing on February 25th at the Tabernacle.
B. Council President Busby: School Board · M.U.S.I.C.
Council President Busby reported the M.U.S.I.C. members met a week ago. The committee members assisted in coordinating the winter games for the SnowFest Event. They will meet again next
on March 2nd to discuss plans for a community event.
Council President Busby reported the School Board will be meeting tomorrow. The Madison Boys’ Basketball Team is doing well. They won their game against Idaho Falls yesterday and will
play Rigby next. He thanked the Council Members that have assisted the High School students with their project citizen reports. The projects have been outstanding.
C. Council Member Walker: MYAB · Traffic & Safety · Emergency Services Board
Council Member Walker reported the Mayor’s Youth Advisory Board met at the Homestead Assistant Living Center to handout Valentine Cards to the residents. The Traffic and Safety Committee
did not meet. Emergency Services Board met and hired three EMS personnel.
D. Council Member Johnson: Trails · Beautification · Grants
Council Member Johnson reported she spoke with city employee Daniel Torres and was informed the city is working with the county regarding a pathway from 12th West to Main Street. The
Beautification will meet soon to plan for spring events.
E. Council Member Flora: Parks Committee · Recreation Committee · Urban Renewal Agency
Council Member Flora reported she spoke with Parks Director Greg McInnes and was informed the have been busy this winter assisting other city departments with their workload. The number
of patrons using the ice rink at Teton Lakes were higher than expected. The park equipment that was ordered back in May will be delivered tomorrow. Council President Busby asked if
the city crew is going to install the park equipment. Council Member Flora replied the city paid for installation of the equipment; however, they must wait until the snow melts and
the ground thaws to install the equipment.
Council Member Flora reported the Recreation Committee has been meeting on a regular basis. They are moving forward with discussing an information piece that will go out to random citizens
asking about their recommendations regarding recreational opportunities within the city.
Council Member Flora reported Urban Renewal Agency met today. The main objective of their meeting was to approve the annual audit report. She thanked City Controller Scott Miller for
his assistance on the Urban Renewal Agency Board.
F. Council Member Erickson: Airport Board · Golf Board · Legacy Flight Museum
Council Member Erickson reported the Airport Board met. They discussed the patch and crack seal work needed at the airport. The patch and crack seal project will be funded by the FAA
and the state. The snow removal equipment has been purchased and due to be delivered. They are waiting to hear back from the FAA regarding the relocation study. There are trees on the
north side of the airport that will need to be removed.
Council Member Erickson reported the Golf Board met. They discussed the deck project and when it will be completed. The storage shop should be moved this week. They are going to offer
a bundle discount to attract more patrons to the golf courses. The golf courses had a high number of patrons last season, they want to continue adding more patrons. A range ball dispensing
machine was purchased and ICCU donated 9,000 range balls.
Council Member Erickson reported the Legacy Flight Museum met to discuss the date of the Fly-In and Free Breakfast, it will be held on June 18th, 2022. A 3D Virtual Tour of several museums
around the world was presented to the board members. The Legacy Flight Museum could sign up to be one of the museums on the 3D Virtual Tour program. There would be no cost to sign up;
however, a percentage of the tour fee would be collected by the virtual program owners.
Staff Reports:
Finance: - Scott Miller
Financial Reports
Finance Department Controller Miller reviewed the Expenditures by Fund Budget Report. Council Member Flora commented the percentage of the budget spent is typical for this time of year
mainly because most of the funds are used during the summer months when projects begin.
Final Draft Approval of Fiscal Year 2021 Audit
Josh Bingham with Rudd and Company a certified public accounting firm mentioned if there were any issues, or the statements weren’t aligned to the appropriate accounting standards then
they would qualify the audit. There were no issues or miss-alignments. He said there are several key items included in the city’s audit report:
The first 15 pages of the report are management’s discussion and analysis to assist in understanding the audit.
The third section are the statements.
At the end of the audit each fund is listed by itself. Both the balance and income statement.
Mr. Bingham said instead of reviewing all ninety pages he will review a summary of the financial statement comparisons from Fiscal year 2021 and 2020. Overall government wide counting
the different funds, utilities, and proprietary type funds. Cash and Investments increased by about seven million dollars; Capital assets also increased. The total liabilities decreased.
In the General Fund summary, the Net Transfers show a negative $6,704,198 this is due to the General Fund handling most of the revenues being received before those funds are transferred
to the other funds. Overall, there were no issues with training information or back up or support for their testing. The controls are reasonable and adequate.
Council President Busby moved to approve the Final Draft for Fiscal Year 2021 Audit; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Public Works: - Keith Davidson
Bid Acceptance for 2022 Traffic Signal Improvements
Public Works Director Davidson reviewed the bids received for the 2022 Traffic Signal Improvements. The project will consist of a new traffic signal at 12th West and University, upgrading
and moving one of the signal poles at 7th South and Yellowstone Highway, installing pedestrian push button lights by Wal-Mart and Artco. Council President Busby asked when the traffic
signal on 12th West and University will be installed. Public Works Director Davidson said there is still a lot of parts that need to be delivered before the work on the project begins.
The work to install the signal should not cause a big impact on traffic flow if it begins when school is still in session.
Council Member Erickson moved to approve the low bid of $549,500 from Wheeler Electric for the 2022 Traffic Signal Improvements; Council Member Flora seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Public Hearing: 7:00 P.M. Annex into the City of Rexburg Property Located at Approximately 1022 and 1040 W Main St, Parcels MHMH03410, RP06N39E244821, RP06N39E246001, RP06N39E244825,
and RP06N39E244803 and for all Locations to be Rezoned from Community Business Center (CBC) to Mixed Use (MU) Zone with the Exception of Parcel No RP006N39E246001 which shall remain
as Transitional Agriculture (TAG) Zone #21-00973. Designated as Ordinance No 1276 if Motion Passes and Considered 1st Read – Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed a map of the property. The property owner is requesting the property be annexed into the city. The city approached the three property
owners adjacent to this property to determine if they would annex into the city; however, they did not receive a response.
Discussion regarding force annexation. Mayor Merrill asked if the trailer court property owner was approached to be a part of this annexation. Planning and Zoning Administrator Parkinson
said the city did not approach the trailer court property owner at this time.
Planning and Zoning Administrator Parkinson said the rezone request is for the Erickson property.
Mayor Merrill opened the public hearing to hear testimony for the proposed annexation and rezone.
Public Testimony in favor of the proposal (5-minute limit):
Bron Leatham said he is one of the applicants of the proposed annexation and rezone specifically the Erickson property.
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 Member Flora asked for the maximum density allowed in the zone being requested. Planning and Zoning Administrator Parkinson replied the Mixed Use Zone allows thirty units per
acre; however, the commercial element is required. Council Member Flora expressed her concerns with traffic when development is complete on these properties. Public Works Director Davidson
said a traffic impact study will need to be completed before development occurs to determine the type of traffic flow improvements needing to be made.
Council Member Chambers moved to approve Ordinance No 1276 to Annex into the City of Rexburg Property Located at Approximately 1022 and 1040 W Main St, Parcels MHMH03410, RP06N39E244821,
RP06N39E246001, RP06N39E244825, and RP06N39E244803 and for all Locations to be Rezoned from Community Business Center (CBC) to Mixed Use (MU) Zone with the Exception of Parcel No RP006N39E246001
which shall remain as Transitional Agriculture (TAG) Zone and consider first read; Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Mayor’s Report
Mayor Merrill reported he and Economic Development Director Johnson were on a podcast discussing economic development. The host of the podcast was complementary of the economic efforts
in Rexburg. The city residents and students are excited about the co-working space and maker space being built in city hall.
Mayor Merrill reported the Blue Cross Foundation has asked the city to apply for an $85,000 grant. The purpose of the grant is to assist cities in bringing the community together.
Items for Consideration:
Planning and Zoning recommendation to approve a rezone at approximately 358 S 3rd W from Commercial Business Center (CBC) to High Density Residential 1 (HDR1) #21-01033. Designated as
Ordinance No 1277 if Motion Passes and Considered 1st Read – Alan Parkinson
Planning and Zoning Administrator Parkinson explained the rezone request fits the Comprehensive Plan Map. A traffic impact study is not required at this time. Council President Busby
asked if the reason a traffic study is not required is because the property is in the Pedestrian Emphasis District (PED). Planning and Zoning Administrator Parkinson replied the property
being in the PED Zone is not the reason a traffic impact study is not being completed. The decision is made by the Public Works Department.
Council President Busby expressed his concerns with reducing parking for apartment complexes in the PED Zone. The reduction in parking is not working because most students are bringing
a vehicle. Planning and Zoning Administrator Parkinson said a parking plan would need to be formed to receive a reduction in parking and City Council approval.
Council Member Flora said a resident living near the property expressed her concerns regarding street parking to the Planning and Zoning Commission. The diagonal street parking is being
used by students that do not purchase a parking pass from the apartment complex they are living in. During, the winter months there isn’t a parking issue. There is a church house adjacent
to the property. The church members are having issues finding a parking stall on the street due to the apartment complex residents parking on the street. Planning and Zoning Administrator
Parkinson said the parking issues are being considered. Public Works Director Davidson said no parking signs can be installed to address the parking issues.
Council Member Johnson asked if approving the rezone exacerbate the parking issues. City Attorney Zollinger said the parking issues are mainly caused by dormitory housing.
Council Member Johnson moved to approve Ordinance No 1277 the rezone at approximately 358 S 3rd W from Commercial Business Center (CBC) to High Density Residential 1 (HDR1) and consider
first read; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Calendared Bills:
A. Second Reading: Those items which have been first read:
1. Ordinance No 1275 Rezone Approximately 155 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1) #21-00955 – Alan Parkinson
ORDINANCE NO. 1275
Rezone Approximately 115 North 1st West from Light Industrial (LI) to High Density Residential 1 (HDR1)
AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN
REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
Council Member Johnson moved to approve Ordinance No. 1275 the rezone at approximately 155 N 1st W from Light Industrial (LI) to High Density Residential 1 (HDR1 and consider second
read; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Third Reading: Those items which have been second read: NONE
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 February 2, 2022, Meeting
Approve the City of Rexburg Bills
Council Member Erickson moved to approve the Consent Calendar containing the minutes and city bills; Council Member Chambers seconded the motion; Council President Busby asked for a
vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried
Adjournment 7:40 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Deputy City Clerk, Marianna Gonzalez