HomeMy WebLinkAboutCouncil Minutes - June 1, 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. Work Meeting – Finance Fiscal Year 2023 Budget Meeting Set tentative Fiscal Year 2023 Budget for July 6th, 2022 Public Hearing – Matt Nielson
Chief Financial Officer Neilson reviewed the highlights of the fiscal year 2023 budget. The total budget is $84,401,500. The operating budget of $34,012,00 is up $805,500 from the
current 2022 personnel/operations forecast as of May 31, 2022 and July 6, 2022 will be the date for the public hearing on the fiscal year 2023 budget. The utility rate increases, and
fiscal year 2022 budget amendment will also be reviewed on that date and public hearings set for them on August 3, 2022.
Council Member Flora moved to approve the Tentative Fiscal Year 2023 Budget and set the Public Hearing for July 6th, 2022 at 7:00 P.M.; Council President Busby seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Flora
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
6:30 P.M. City Hall (video index 08:21)
Council Member Johnson said the prayer
Council Member Erickson led the pledge
Roll Call of Council Members:
Attending: Council Member Johnson, Council Member Chambers (via zoom), Council Member Erickson, Council President Busby, and Mayor Merrill.
Council Member Flora asked to be excused.
Appointment of New Police Chief – Mayor Merrill
Mayor Merrill said the upcoming retirement of Police Chief Shane Turman; a new police chief will need to be appointed. He recommended Joshua Rhodes to serve as the new police chief for
the City of Rexburg’s Police Department.
Council President Busby moved to approve the Appointment of Joshua Rhodes as the Police Chief for the City of Rexburg Police Department; Council Member Walker seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Joshua Rhodes said it is a great honor to be a part of a great Police Department. There are Police Officers willing to give their all. His goal is to continue to manage the department
in a way that keeps things moving and working great. He has a great support system with the department and is confident in their ability to assist him to keep things moving forward.
There is a lot of change in the world and community the police officers will adapt to best represent the city and serve the residents. Mayor Merrill thanked Assistant Police Chief Hagan,
Lieutenants and Officers for all they do for the community. The swearing in of Mr. Rhodes will take place later this month.
Public Comment: not scheduled on the agenda (limit 3 minutes); issues may be considered for discussion on a future agenda. Please keep comments on point and respectful.
Staff Reports: (019:01)
Finance: - Matt Nielson
Set tentative Fiscal Year 2023 Budget for July 6th, 2022 Public Hearing
Finance Officer Nielson thank the Councilmembers for attending the work meeting earlier this evening. A side from publishing the tentative Fiscal Year 2023 Budget, there is a Public
Works Budget Adjustment needing to be considered. The Street/Sanitation Departments requested a shared position be hired sooner and not wait until Fiscal Year 2023 to hire a new employee
due to a shortage of personnel.
Council Member Johnson moved to approve the Budget Adjustment of an additional Street/Sanitation position; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Public Works: - Keith Davidson
Budget Adjustment and approval of additional Sanitation/Street position
Public Works Director Davidson reported the City of Rexburg was able to piggyback on a bid for seal coating with the city of Sugar City. Sometimes Sugar City will piggyback with the
City of Rexburg as well for seal coating projects. There is $200,000 in the budget for seal coating. The company American Pavement Preservation will be completing the seal coating on
several streets and the cost will be about $186,000.
Mayor’s Report: (24:49)
Mayor Merrill reported him and Mrs. Wheeler’s 5th grade students from the Madison Middle School met at the Teton River to have signs installed near the river. The purpose of the signs
is to share scientific information, encourage others to keep the Teton River clean, and help the community understand the interconnected habitat. The podcasts created by students during
the Teton River Impact Project will be a great resource for everyone. The students collaborated with Kofi Eshuan, a student at BYUI, to help create an app called The Teton River Explorer.
This app will be similar to a scavenger hunt. Community members will scan a QR code on signs posted along the river linking them to their podcasts. When a citizen completes all nine
podcasts, they will award them an explorer certificate along with a special prize! That prize is a private link to a music video, the students created, along with singer/songwriter
Samuel Beck.
Mayor Merrill mentioned the Dahlia’s Hope Organization; their mission is to provide aftercare for survivors of sex trafficking. They invite all to join the City of Rexburg, BeUtofullness
Way by Tami's Salon, inUpowers and Dahlia's Hope in their fight to help provide after care programs to survivors of sex trafficking. A Color Run at Smith Park starting at 8:30 A.M.
followed by a Chalk Art Festival, art, vendors, and performances at Porter Park from 9: A.M. - 7 P.M. on June 25th sign up at colorofhopefest.com
Mayor Merrill also mentioned the Rexburg’s Child Safety Day Family Event at Porter Park on Friday, July 22 starting at 10:00 A.M. Come enjoy this family friendly event to promote child
safety and community involvement. In addition to the open merry-go-round, community outreach, and some fun free games for the kids, our local certified volunteers will be providing
car seat inspections and helping to educate parents on car seat safety.
Mayor Merrill reported the city is hosting the Idaho Centennial Carousel 2022 Kickoff Event on June 3, from 4:00 P.M. – 8:00 P.M. at Porter Park. The Teton Dam Marathon is taking Place
on Saturday, June 4. The Yellowstone Cup Soccer Tournament is on June 9 – Saturday, June 11 and the Madison Baseball Invitational is the following weekend. Council Member Walker said
he stopped by the Nature Park and noticed many kids playing on the new playground equipment.
Public Hearing 7:00 P.M. – Hearing for Community Development Block Grant (CDBG) Status of Funded Nature Park Project – Rick Miller ECIPDA
Mr. Miller explained a Public Hearing is required of the Community Development Block Grant (CDBG) when applying for the grant. A public hearing is also required when awarded the grant.
The purpose of this public hearing is to provide information on the progress of the grant received from the State of Idaho. The amount of funds granted by the ICDBG was $225,000.
Mr. Miller gave a general description of the status of the funded project, which included the installation of a prefabricated restroom, located adjacent to a new parking lot. The parking
lot contains ADA parking and allows ADA accessibility to the park’s skate park, fishing ponds, and
other amenities. The remaining work, to date, includes the restroom’s plumbing and electrical connections, and a sidewalk between the parking lot and restroom. He said the plan is to
complete the project on August 1.
Mr. Miller said the total amount of ICBDG, city in-kind, and city cash spent on the project to date is $281,201. The City of Rexburg received the grant due to the low and moderate-income
base. The City of Rexburg and all residents will benefit from the project. The funds from ICDBG come from the Housing and Urban Development (HUD) funds.
Mayor Merrill opened the public hearing to hear testimony for the proposed Community Development Block Grant (CDBG) Status of Funded Nature Park Project.
Public Testimony in favor of the proposal (5-minute limit): None
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 Walker moved to approve the Community Development Block Grant (CDBG) Status of Funded Nature Park Project; Council Member Johnson seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Public Hearing 7:00 P.M. – Annex 1174 N Yellowstone Hwy into the City of Rexburg and rezone the property from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) zone
#22-00182. Rezone is contingent on Madison County Commissioners approving the Comprehensive Plan Map from Commercial/Mixed Use to LDDR1-MDR1 at their Commissioner’s meeting on June
13, 2022. Designated as Ordinance No 1282 if motion passes – Kyle Baldwin
Planning and Zoning Planner Baldwin reviewed a map of the proposed annexation and rezone property. The size of the property is four acres. The Medium Density Residential 1 Zone will
allow for 16 units an acre with a maximum building height of 40 feet. The Light Industry Zone surrounds the property to the
east, Community Business Center to the north and south of the property. There is medium density to the south as well.
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): None
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 Johnson said she is in favor of the annexation and rezone. The requested zone fits with the surrounding zones.
Council Member Johnson moved to approve Annex 1174 N Yellowstone Hwy into the City of Rexburg and rezone the property from Community Business Center (CBC) to Medium Density Residential
1 (MDR1) zone #22-00182. Rezone is contingent on Madison County Commissioners approving the Comprehensive Plan Map from Commercial/Mixed Use to LDDR1-MDR1 at their Commissioner’s meeting
on June 13, 2022; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Item for Consideration: (26:50)
Planning & Zoning recommends approval of the University View Condominium Plat at 649 S 2nd W, Rexburg, ID #22-00142 – Alan Parkinson
Planning and Zoning Planner Kyle Baldwin said the requirements set forth by the code have been met.
Council President Busby stated the condominiums cannot be rented as short-term rentals. Council Member Erickson said he has concerns regarding changing these apartments into condominiums.
The Pedestrian Emphasis District (PED) was used to meet the parking requirements. He is concerned with possible parking issues with most residents having two vehicles and only one parking
stall to park in, causing an overflow of street parking.
Council Member Erickson asked who is going to ensure the condominiums will not be used as short-term rentals. Planning and Zoning Planner Baldwin said the PED allowed for a reduction
in parking; however,
there are conditions that need to be met. City Attorney Zollinger said the city has software that tracts short-term rentals operating in the city. When a short-term rental is operating
without being registered, the software notifies the city clerk’s office. He said if the property owner does not register the short-term rental after being notified of being non-compliant.
The city’s Compliance Officer will meet with the property owner to inform them of the penalties of being non-compliant.
City Attorney Zollinger said if additional parking is built the short-term rental restriction would be removed. Council Member Erickson said the parking issues will be carried on to
the new property owners. Planning and Zoning Planner Baldwin said the PED and other parking requirements are being addressed in the city’s Development Code.
Council Member Johnson explained city residents have contacted her inquiring the reasons why City Council is allowing the real estate near campus to change. At the City Council Work
meeting, City Attorney Zollinger had explained as Councilmembers they could not discriminate based on who is occupying the rental. The city does not have a single student-housing zone
in the city; however, the parking issues can be addressed.
Council President Busby moved to approve University View Condominium Plat at 649 S 2nd W, with the condition more enforcement be applied to not allow short-term rentals; Council Walker
Member seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Planning & Zoning recommendation to approve a rezone at approximately 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) zone #22-00092. Designated
as Ordinance No 1283 if motion passes – Alan Parkinson
Planning and Zoning Planner Baldwin rreviewed a map of the property. The north boundary of the property is a canal. The lot lines were reconfigured to align with the canal. To the north
of the property, there is Heavy Industrial and Low Density Residential Zones to the south of the property. There is Medium Density Residential to the East of the property.
Council Member Erickson asked about a barrier along the canal to keep children away from the canal. Planning and Zoning Planner Baldwin said the developer will need to honor the ditch
easement. City Attorney Zollinger said installing a barrier along the canal can be required when a site plan is submitted for approval by the developer.
Council Member Erickson moved to approve Ordinance No 1283 the Rezone at approximately 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) Zone;
Council President Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
City Staff Recommendation to approve destruction of Building Plan hard copies that have been archived digitally in the City's designated records archive system. Designated as Resolution
2022 – 14 if motion passes - Deborah Lovejoy
Council President Busby moved to approve Resolution 2022-14 destruction of Building Plan hard copies that have been archived digitally in the City's designated records archive; Council
Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Calendared Bills:
Second Reading: Those items which have been first read:
Ordinance No 1281 Rezone Handcart Ln from Mixed Use (MU) to High Density Residential 1 (HDR1) #22-00193 – Alan Parkinson
ORDINANCE NO. 1281
Rezone Handcart Ln from Mixed Use (MU) 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 1281 Rezone Handcart Ln from Mixed Use (MU) to High Density Residential 1 (HDR1); Council Member Erickson seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
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: Minutes of Mid-Day Meeting Held May 18, 2022 - approve minutes
Mayor Merrill said a Mid-Day Meeting Held May 18, 2022 to Enter into Executive Session per Idaho State Statute 74-206 (1)(a) To consider hiring a public officer, employee, staff member
or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy
in an elective office or deliberations about staffing needs in general;
City Attorney Zollinger asked the Councilmembers if they understood the reason why the mid-day meeting needed to be ratified and reset.
Council President Busby moved to approve the City Council Mid-Day Meeting Held May 18, 2022 meeting minutes; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Mayor Merrill said there has been complaints about dog owners not cleaning up their pet’s feces at city parks. Police Officers and Animal Control Officers are authorized to issue citation
to dog owner that are violating the city’s ordinance that requires the pet owner to clean up their pet’s feces. The city’s Parks Director has asked for authorization to allow the Parks
Department Employees to issue tickets to the pet owners violating the city’s ordinance.
City Attorney Zollinger said currently, the tickets issued by an Animal Control Officer are criminal infractions and they will need to convert them to civil citations that would allow
anyone the City Council designates to write a citation. An appeals board will be formed to hear testimony of a resident who may feel the citation was improperly written.
Discussion regarding animal feces in the city parks. Council Member Johnson asked if the employees are willing to write citations. Mayor Merrill said the Parks Director has requested
they be allowed to write citations. City Attorney Zollinger said this is not an intended new responsibility for Park Department employees; it is the opportunity to give them the authority
to write citation to pet owners not taking the responsibility to clean up their pet’s waste.
Council Member Erickson said there is documentation of warnings given to the same pet owners already. He asked the Parks Employees to work closely with the Animal Control Officers. Council
Member Walker asked if this policy would also include the Dog Park. City Attorney Zollinger said yes, the policy would include the dog park. There are signs already at the dog park.
Mayor Merrill mentioned the Special needs luncheon from noon to two o’clock at Porter Park. There is an Idaho Counties Risk Management Program (ICRMP) supervisor training on June 15th
and 16th.
Discussion regarding the Fourth of July Parade and the deck completion at the Teton Lakes Golf Course.
Consent Calendar: (30:14) 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 May 18th, 2022
Approve the City of Rexburg Bills
Council Member Johnson moved to approve the Consent Calendar containing the minutes and city bills; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Adjournment 7:35 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, Deputy Clerk