HomeMy WebLinkAboutCouncil Minutes - September 21, 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
6:30 P.M. City Hall
Council Member Walker said the prayer
Council Member Johnson led the pledge
Roll Call of Council Members:
Attending: Council Member Chambers, Council Member Walker, Council Member Johnson and Council President Busby
Mayor Merrill, Council Member Erickson and Council Member Flora asked to be excused.
Public Comment: not scheduled on the agenda (limit 3 minutes); issues may be considered for discussion on a future agenda. Please keep comments on point and respectful.
Josh Header of Rexburg wanted to discuss the noise ordinance exemption for dump trucks. Dump trucks do not have to follow the noise ordinance. Other cities that he has researched do
not have an exemption in their ordinance for dump trucks. These other cities do have the same problem, but they have found ways to make it work. He does not like getting woke up three
days a week at 4:30 am.
Mr. Header mentioned that the way Rexburg schedules their trash pick-ups allows for commercial dumping as early as 4:00 am; however, apartments and townhomes are considered commercial
because they have dumpsters, but these are residents’ homes where people are trying to sleep. He indicated that garbage trucks have a noise level between 85 and 100 decibels. In most
cities, anything over 75 decibels is considered a violation of the noise ordinance.
Mr. Header has looked at Ammon’s schedule as well as Boise and other cities and they don’t allow dumping in residential areas until after 7:00 or 8:00 am. Why does Rexburg allow 4:00
am pick-ups? He has tried to insulate his windows to block the noise but that does not work.
Council President Busby asked Director Davidson what he thinks. Director Davidson said that quite often the trucks cannot get into apartment complexes to dump the dumpsters after 7 am
because of traffic. Council President Busby said this is the first time he has heard this concern and they will discuss it and see if there is a solution that they can come up with.
He asked Mr. Header about snow removal and the noise from those trucks. Mr. Header said he hasn’t had any problem with noise from snow removal equipment.
Committee Liaison Assignments for 2022:
A. Council Member Chambers: M.E.P.I. · Cultural Arts Events · Grants
Council Member Chambers had nothing to report.
B. Council President Busby: School Board · M.U.S.I.C.
Council Member Busby reported his committees have not met. The school district is in the middle of their homecoming week. The powder puff football game is going on right now and the
varsity football game will be Friday night against Preston. The Homecoming Parade will be Friday at noon.
C. Council Member Walker: MYAB · Traffic & Safety · Emergency Services Board
Council Member Walker reported the MYAB has been meeting. They took pictures last week and will be in the Homecoming Parade this week. They do not meet again until the middle of October.
D. Council Member Johnson: Trails · Beautification · Grants
Council Member Johnson reported they have another clean-up scheduled at Eagle Park on Monday, October 3rd from 5:30 to 7:30 pm. She invited anyone who wants to help to meet at the park
and bring their own gloves. They will provide the rakes, shovels, etc. and water.
E. Council Member Flora: Parks Committee · Recreation Committee · Urban Renewal Agency
Council Member Flora was not in attendance
F. Council Member Erickson: Airport Board · Golf Board · Legacy Flight Museum
Council Member Erickson was not in attendance
Staff Reports:
Finance: Matt Nielson
Financial Reports – Finance Officer Nielson is attending a conference in Coeur d’Alene
Public Works: Keith Davidson
Keller Associates Agreement Approval for Water Facilities Planning Study Update
Public Works Director Davidson presented the Keller Associates Agreement for the approval of the water facilities planning study update. The city received a grant from DEQ for the project.
Council Member Chambers moved to approve the Keller Associates Agreement Approval for Water Facilities Planning Study Update; Council Member Johnson seconded the motion; Council President
Busby asked for a vote:
Those voting aye Those voting nay
Council Member Chambers None
Council Member Johnson
Council Member Walker
Council President Busby
The motion carried.
Director Davidson gave an update on the new round-about on 7th South. He said it will be paved this Friday. The concrete work is getting finished this week. They have also been adding
ADA Curb and Gutters at some of the intersections along Main Street. ITD awarded a grant to the city to update the curbs and bring them up to standards.
Council President Busby asked how long it will take before the round-about is functional. Director Davidson said it will be a couple of weeks after paving before the round-about opens.
City Attorney Zollinger explained to city council that he was approached by the Wall of Warmth people wondering if they could put up a temporary, free-standing fence along the business
park grass area on 2nd East to hang the coats on this year. He believes this would be in addition to the Main Street golf course
fence that they have used in previous years. Council Member Busby is concerned about safety at the Main Street location. Director Davidson believes the 2nd East location would be safer.
The Wall of Warmth committee prefers high traffic areas to be noticed. They have already gotten permission from the businesses at the 2nd East location.
Director Davidson also mentioned the streetlights that have been out at Summerfield did not have the fuses installed. They have an electrician working on that.
Council President Busby asked if we are prepared for snow. Director Davidson said yes, they are getting the equipment ready.
C. Information Technology: - Todd Smith
Broadband Project Update
Information Technology Director, Todd Smith gave an update on the broadband project.
He indicated that about 43% of the conduit is in the ground so they are still on schedule. Just over 50% of the hand holes are in. They have been working on the corner at 2nd E & 5th
S, which is also the location of where one of the fiber huts will go. They have also been working toward the water tower on South 2nd East. Next, they will move west to University Blvd.
through the field. They have also been working on 12th West past the golf course and going toward the round-about. There is conduit all the way to the golf course now.
Director Smith explained that the contractors have had some equipment failures, but they are still on schedule. They have had some good production days. There was one issue with Rex
Fulmer’s sewer on 4th East. The sewer stopped working after Silver Star went through there. Some plumbers were sent out to look at it and discovered the sewer line was old and probably
compromised prior to the construction but it didn’t stop working until after the construction; therefore, the city has decided to pay the bill to repair that, which will be about $2,200.
The plumber said the pipe needs to be replaced which will be about $11,000 that the homeowner will need to pay for.
Director Smith mentioned another issue they have encountered is the field between University Blvd. and 2nd East where the road will eventually go through, is owned by BYU-I, so they
are working with them to get an easement. There are three groups of people under the umbrella of the LDS church that must approve the easement. One group is BYU-I that has already approved
it; however, the third group won’t see it until October 12th, which doesn’t work with Silver Star’s schedule. The piece of equipment needed to cut through the rock costs $15,000 to
mobilize and is scheduled to be here October 1st. If they can’t use it while it’s here, they will have to pay another $15,000 to mobilize it again. The university has agreed to let
them go ahead and go through the field to fracture the rock with the special equipment, but Silver Star will not lay the conduit until the 3rd group gives their approval.
Location of easement to be approved
Director Smith said they have ordered all 5 fiber huts. They will bid out the preparation for those sites on Friday.
Council President Busby asked about the future construction of the East Parkway Corridor going through that field. Will the fiber be in the way of that construction? Director Smith indicated
that all of the fiber is at least 40 inches deep, which is well below where any road base would go.
Item for Consideration:
Mayor’s Report:
Calendared Bills:
Second Reading: Those items which have been first read:
Ordinance No 1290 Rezone 297 E 7th N from Public Facilities (PF) to Medium Density Residential 1 (MDR1) Zone #22-00564
Council Member Walker moved to approve Ordinance No 1290 Rezone 297 E 7th N from Public Facilities (PF) to Medium Density Residential 1 (MDR1) Zone #22-00564 and consider it second read;
Council Member Chambers seconded the motion; Council Member Busby asked for a vote:
Those voting aye Those voting nay
Council Member Chambers None
Council Member Johnson
Council Member Walker
Council President Busby
The motion carried.
Ordinance No 1289 Annexation of Approximately 1175 N 12th W and Rezone from Madison County Residential and Rural Residential 1 (RR1) Zones to Low Density Residential 1 (LDR1) Zone #22-00489
Council Member Chambers moved to approve Ordinance No 1289 Annexation of Approximately 1175 N 12th W and Rezone from Madison County Residential and Rural Residential 1 (RR1) Zones to
Low Density Residential 1 (LDR1) Zone #22-00489 and consider it second read; Council Member Walker seconded the motion; Council President Busby asked for a vote:
Those voting aye Those voting nay
Council Member Chambers Council Member Johnson
Council Member Walker
Council President Busby
The motion carried.
Third Reading: Those items which have been second read: NONE
Tabled Items:
Rezone of Parcel No RPRXBCA0291271, Located South of Star View Dr from Low Density Residential 1 (LDR1) to Low Density Residential 2 (LDR2) Zone #22-00420. Tabled due to some corrections
needed by Planning & Zoning to allow densities to be determined by the zones rather than the configuration of the homes.
Council Member Johnson wanted to explain that the reason this rezone is not being un-tabled is because the development code has not been fixed, yet.
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.
Approve the City of Rexburg Bills
Council Member Johnson said that she could not read the minutes from September 7th because they would not load on her computer. Council President Busby could not get them to load on
his, either. Council Member Walker said it worked okay for him. Council Member Johnson was concerned about approving them if there might need to be changes after reading them. Attorney
Zollinger explained that they can remove the approval of the minutes and approve them next time.
Council Member Johnson moved to approve the Consent Calendar except for the minutes and pay the city bills; Council Member Walker seconded the motion; Council President Busby asked for
a vote:
Those voting aye Those voting nay
Council Member Chambers none
Council Member Johnson
Council Member Walker
Council President Busby
The motion carried
Adjournment 6:58 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Mary Flanary, Grant Coordinator