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HomeMy WebLinkAboutCouncil Minutes - February 15, 2023 1 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. Water Rights Work Meeting Public Works Director Davidson reviewed the city’s water rights and water conservation recommendations. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x 2101 Fax: 208.359.3022 deborahl@rexburg.org www.rexburg.org City Council Minutes February 15, 2023 2 3 4 6:30 P.M. City Hall (00:02) Council Member Flora said the prayer Council Member Erickson led the pledge Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Erickson, Council President Busby and Mayor Merrill Mayor Merrill, Council Member Chamber and Council Member Walker did not attend the meeting. Public Comment: Limit 3 minutes; issues may be considered for discussion on a future agenda. Please keep comments on point and respectful. (0:02:23) Mike Glassdock expressed his concerns with the appearance of bias during the City Council meetings. When there are groups attending the meeting and the group has conflicting issues. One group is on their own and a city employee is representing the other group. This causes the appearance of bias; it is easier to sway a decision when information is coming from a city employee than from normal everyday citizens. He gave the following example; when land use decisions are before the City Council, it seems like city staff is representing the developer. Mr. Glassdock mentioned when a developer is requesting a Planned Unit Development (PUD), the bonus density points required to allow a higher density are ridiculous and give the appearance of inequality. Ryan Sedig said he is excited for the possibility of having a Recreation Center in Rexburg. His main concerns are the lack of bike lanes and alternate modes of transportation in the city. The lack of these two items has caused and encouraged a number of students to bring their personal vehicle for use. The increase in students bringing their own vehicles has created parking issues. A recent amendment to the parking minimums for apartments will alleviate some of the parking issues; however, the additional parking will induce a greater demand of students bringing a vehicle. This will encourage the students to use a vehicle as their main mode of transportation rather they focus on alternative solutions. Mr. Sedig said he would like to present to the City Council a bicycle infrastructure and other alternative modes of transportation project. Council Member Johnson explained one of the main drawbacks of being able to add bike lanes to city streets is funding. She said she is interested in hearing about Mr. Sedig’s ideas for bicycle infrastructure. Council President Busby said he believes the best course of action would be for Mr. Sedig to work with the Trail Committee. They could then present their findings to the City Council. Corey Bernard said he agrees with Mr. Glassdock of a perceived bias on the part of the community about the relationship between the city developers and residents of the community. He has witnessed firsthand when people desire to testify against an application; however, they are fearful and reluctant to testify. Some people have said they were going to speak against an application and did not. He said he asked some of the people why they did not get up to testify and they said that they felt the City Council had already decided and they could do nothing. Items from City Council: (0:12:15) A. Committees: MEPI, Cultural Arts, Grants, School Board, MUSIC, MYAB, Traffic & Safety, Emergency Services Board, Trails, Beautification, Parks, Recreation, Urban Renewal, Airport, Golf Board, and Legacy Flight Museum Council Member Flora reported the Urban Renewal Agency met today and reviewed the budget for each district. This past Thursday she and Recreation Director Crowther met with the community members who came to the Recreation District Campaign Volunteer meeting on February 9th at 7:00 P.M. at City Hall. They discussed the concept of a Recreation Center in Rexburg. They gave all the needed information to the residents for them to make a decision on what they wanted to do with the information gained from the feasibility study. She said about 70 residents attended the meeting. Council Member Johnson mentioned residents asked her about the city’s role from here on out regarding the Recreation Center Committee. Council Member Flora explained after giving the community members all the feasibility information regarding a Recreation Center. The community members attending the meeting 5 formed a Recreation Center Community Member Committee. She said there are no city staff members on that committee. Staff Reports: (0:13:46) A. Finance: – Matt Nielson 1. Financial Reports Finance Officer Nielson reviewed the Cash and Investment Balance Report. Finance Officer Nielson reviewed the Budget Report – Expenditures by Fund. The city is 33% into the Fiscal Year. This report is through January 31st, 2023. There are a couple of departments over budget; however, it is due to some encumbrances; for example, the large cost of a fire truck. This report indicates those encumbered amounts even though; they have not spent the funds on the fire truck. There is an encumbrance on the Fiber Fund. The Cultural Arts Fund is high due to part-time staff expenses; however, the arts will receive revenues from classes and other events this summer. 6 Council Member Erickson said he prefers the departments to stay within their budgets, so he was pleased to learn that only a couple of departments were over budget. Finance Officer Nielson explained when an account has an encumbrance such as the Fiber Fund in this report. The Fiber Broadband project is about a five-million-dollar project, and it will take several years to expend the fund. There is not a way to breakout the fund into fiscal years that causes the fund percentages to be high. 2. Review and Acceptance of Fiscal Year 2024 Budget Calendar (0:17:04) Finance Officer Nielson reviewed the 2023 Budget Preparation Calendar for 2024 Fiscal Year Budget. The preparation calendar is a draft only and they do not need to approve the calendar tonight. 7 B. Information Technology: – Todd Smith (1:04:28) 1. Broadband Project Update IT Director Smith reported on the progress of the city’s Broadband Project. The construction work needed to provide fiber services to homes is out to bid. The bid date closes on March 13th. Once the construction work is completed, they should be able to connect homes to fiber services in the month of May. They have leased the retail space on Main Street to house the Lightbridge personnel and they are renovating the space. He said WideOpen Networks has been conducting interviews to hire a general manager and a customer support representative for Lightbridge. The grand opening of Lightbridge will be in the middle of April. Council President Busby asked how many positions Lightbridge will be required to hire. IT Director Smith replied there are seven positions: a general manager, two customer service representatives, billing clerk, field engineer, and two field technicians. IT Director Smith mentioned WideOpen Networks mailed out a brochure to all the city and county residents asking them to take a survey indicating if they would like to connect to fiber. Council Member Erickson said the survey takes a little longer than three minutes to complete. 2. Acceptance of Bids No. ITF 23-01 for Construction Materials Supplier for the Lightbridge Community Broadband Fiber Network. Possibly looking for two suppliers to prevent construction delays. IT Director Smith reviewed the bids for the construction materials needed to connect a home to the Lightbridge Community Broadband Fiber Network. He specified the bid to be per unit cost for all the components. He received two bids, one from DNS Electric from Idaho Falls and the other from Comstar Supply from Pennsylvania. He recommended the approval of the low bid; however, he would like to keep the option open for the second bid to keep up with supply demands. Council President Busby said he does not believe, keeping both bid options open because there would not be an incentive for the second bid to keep the prices at a lower rate. IT Director Smith explained there were 47 items he asked the companies to bid on, DNS Electric bid on 45 and Comstar only bid on 23 of the items. He took all the items that both vendors bid on and added the projected quantities of the items needed for a couple of the neighborhoods they are targeting. He then totaled those item quantities, which totals a $934 difference between the two companies. IT Director Smith said he has some concerns with Comstar not bidding for the right items, the part numbers are different. He asked for armored fiber optic cable and he cannot verify if Comstar bid on armor cable. Council President Busby asked to postpone the award of the bid until Comstar verifies the type of fiber they bid. IT Director Smith said if Comstar verifies the type of cable they bid on, and their prices are slightly less he would still recommend DNS Electric as the preferred vendor because they have worked with the city before and are more qualified. They also made commitments to the city regarding inventory, and they are a local provider. City Attorney Zollinger recommended the decision to award the bid be postponed until the items on the bid are verified. 8 Council Member Flora moved to table the Acceptance of Bids No. ITF 23-01 for Construction Materials Supplier for the Lightbridge Community Broadband Fiber Network Broadband Fiber Network; Council Member Erickson 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 Erickson Council President Busby The motion carried 9 C. Public Works: – Keith Davidson Council President Busby said Public Works Director Davidson did not have any items to report on. Mayor’s Report: (0:39:32) Council President Busby mentioned Mayor Merrill is recovering well from his surgery. The Madison Boys Basketball Team is playing in their first district game against Thunder Ridge. Madison High School has an excellent Fine Arts Program. They have invited BYU Noteworthy, a women’s acapella group to perform a concert. The tickets to the concert will go on sale soon. Item for Consideration: (0:43:51) A. Planning & Zoning recommendation to approve a plat for a Planned Unit Development (PUD) for Riverwalk located at 301 E 7th N in Medium Density Residential 1 (MDR1) zone #22-00741. - Alan Parkinson Planning and Zoning Administrator Parkinson reviewed a map of the parcel. The parcel the city sold to the developer is included in the project. The development consists of 4-plexes and 8-plexes. The developer has requested a PUD and presented the different items they are adding to reach the minimum 100 points that they need to score. The developer has met the minimum points with each category. Some of the items included an increase in insulation, increased quality of the outer structure material, park amenities such as playground equipment to make it more beneficial. The developer is requesting the maximum number of units allowed in a PUD. Council Member Erickson said he reviewed the proposed PUD and did not see any complaints from the surrounding property owners regarding the proposed development. Planning and Zoning Administrator Parkinson explained the surrounding properties are zoned Public Facilities, Medium Density Residential One and Commercial zones. 10 Council Member Erickson moved to approve A Plat for a Planned Unit Development (PUD) for Riverwalk located at 301 East 7th North in Medium Density Residential 1 (MDR1) Zone; Council Member Johnson 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 Erickson Council President Busby The motion carried Calendared Bills: (0:51:44) A. Tabled Items: 1. Planning and Zoning recommendation to approve amendments to Ordinance No 1200 Rexburg Development Code. Designated as Ordinance No 1298 and considered first read if motion passes – Alan Parkinson Planning and Zoning Administrator Parkinson recommended the tabled item remain tabled until a joint meeting with the City Council and the Planning and Zoning Commission is held to consider other changes to the Development Code. Discussion regarding subscribing to the City Council and Planning and Zoning Meeting Agendas. Mr. Southwick asked for searchable PDF documents. City Clerk Lovejoy said the software used to codify the changes causes the PDF document to become unsearchable. B. Second Reading: Those items which have been first read: NONE C. Third Reading: Those items which have been second read: (0:51:44) 1. Ordinance No 1296 Local Improvement District 51 (LID51) Final Assessment Role - Keith Davidson ORDINANCE NO. 1296 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, FOR LOCAL IMPROVEMENT DISTRICT NO. 51 IN REXBURG, IDAHO, FOR THE PURPOSE OF INSTALLING CERTAIN STREETS, CURBS, GUTTERS, SIDEWALKS, AND OTHER PUBLIC FACILITIES AND PARTS THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY, TO BE GRADED, RE- GRADED, GRAVELED, PAVED, RE-PAVED AND OTHERWISE IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, OFFSITE STORM SEWER, WATER AND SANITARY SEWER FACILITIES, STREET LIGHTS AND OTHER PUBLIC FACILITIES AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. Council Member Erickson moved to approve Ordinance No. 1296 Local Improvement District 51 (LID51) Final Assessment Role and consider third read; Council Member Flora seconded the motion; Council President Busby asked for a vote: Those voting aye Those voting nay Council Member Flora Council Member Johnson Council Member Erickson Council President Busby The motion carried. 11 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. (0:52:50) A. Minutes from February 1, 2023, Meeting B. Approve the City of Rexburg Bills Council Member Flora moved to approve the Consent Calendar containing the minutes and city bills; Council Member Johnson 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 Erickson Council President Busby The motion carried Executive Session according to Idaho State Statute §74-206(1)(c) To acquire an interest in real property which is not owned by a public agency Council Member Erickson moved to enter into Executive Session according to Idaho State Stature 74 – 206 (1)(c) To acquire an interest in real property which is not owned by a public agency; Council Member Flora 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 Erickson Council President Busby The motion carried Adjournment 7:24 P.M. APPROVED: ________________________________ Jordan Busby, Council President Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk