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HomeMy WebLinkAboutCouncil Minutes - March 01, 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 6:30 P.M. City Hall (video index 0:01:24) Mayor Merrill said the prayer Council Member Flora 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 phone, Council President Busby, and Mayor Merrill. 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. (0:04:32) Todd Grant said he lives in Rigby, Idaho and has been a resident of Idaho since the year 2015. He is active in his church and civic responsibilities at the city, county, state, and federal level. He read from a letter he prepared. I am here this evening to voice my opposition to the proposed Rexburg Recreation Center complex in Madison County. I have been informed by Jeff Crowther and Kim Muir the details of this proposed Recreation Center and have looked at the feasibility report. The estimated cost is 68.3 million dollars to be funded by property tax. I am against this Recreation Center Complex for the following reason. 1. The proposed government recreation center is competing against private enterprises with tax dollars to subsidize it. Any business that is in the Yellow Pages of the phone book, the government should not be competing against it. I know we do not use the phone book much anymore, but the principle is there. The recreation center proposal will hurt local gyms by taking away their customers and the possibility of them going out of business. We live in a free market economy, if there is enough demand and interest in this Recreation Center Complex, Private enterprise will build it, finance it, and it will be funded by the members that patronize it. The proposed Recreation Center will cost the average family around $900 per year with membership and property tax. Many household budgets cannot afford this nor do they want this rec complex. 2. The proper role of government is to provide equal rights do not provide equal things. The founding father recognized that the people cannot delegate to their government the power to do anything except that which they have the lawful right to do themselves. Do I as an individual have the right and authority to tax property owners for something that will not benefit everyone, then how can I authorize my agent the government the authority that I do not possess??? Every person is entitled to the protection of his life and property. Therefore, it is perfectly legitimate to delegate to the government the task of setting up a police force and Fire Department to protect the lives and property of all the people. The recreation complex violates the principle of the government does not have the power to tax property owners for something that will not benefit everybody. Not everybody will use the recreation center. 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 March 1, 2023 2 3. The current proposal only Madison County eligible residents to vote on this is wrong and unconstitutional. My wife and I live in Jefferson County Idaho and own and manage three single family homes in Madison County and will be taxed approximately $500 per home for a total of approximately $1500 and will have no vote on this issue. On one single-family house we pay over $5000 just in property tax alone. The property tax situation is out of control in Madison County and this proposal will make it worse. Furthermore, if I wanted to use the recreation center since I am not a Madison County resident I will pay a non-resident fee. In article 4 section 4 of the United States Constitution, it reads “If I am denied my right of voting on this issue that is not guaranteeing me a Republican form of government!!In Article 1. Section 3. Of the State Of Idaho Declaration Of Rights it states, “The state of Idaho is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land. “Every government officer has taken an oath of office to uphold and defend the Constitution. I will remind you that one of the reasons for the Revolutionary was for Americas independence against Grate Britain was “For imposing taxes on us without our consent, “as stated in “The Declaration of Independence.” I will also remind you in the Declaration of Independence it states, “That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the Governed.” 4. I would encourage all Rexburg City Council Members, Mayor, and Committee members to understand this Madison County Recreation Center is not the proper role of government. They are competing with private enterprises; it is wrong to tax property owners without their consent. This is going to put an increased financial burden on Madison County families and property owners, taxes, and household budgets. This is fiscally irresponsible. We are experiencing the highest inflation in over 40 years of food, gas, housing, interest rates rising etc. I plead with you to not spend 68.3 million dollars on this private enterprise issue that the government wants to compete with. The current proposal is not part of the Republic and does not offer liberty and justice for all. Madison County government and residents cannot afford to make this expensive mistake!!!!! We pay $450 for the Madison County Library in property tax and receive very little benefit from this. The proposed Rec Center will be the same situation. Thank you for your consideration on this issue. Logan Marin explained he and his wife are students attending BYU-Idaho University. They have worked hard to purchase their second vehicle for their family. On February 9th one of their vehicles was ticketed while parked in the downtown parking lot by the business called Soup for You. It stated on the ticket to move vehicles every two days so that law enforcement would not think it is an abandoned vehicle. He said the Police Department issued the ticket even though he and his wife have downtown parking permits, up to date vehicle registrations, and up to date license plates on their vehicles. Mr. Marin said he contacted the Police Department to question the reason he received the ticket. The Police Department informed him that if he had any questions regarding the ticket, he could speak with the Code Compliance Officer. The Code Compliance Officer informed him that he had to move his car so the city crew would be able to plow the parking lot; however, a note from the Police Department stated according to city ordinance number 1094 section 48 he must move his vehicle every 48 hours. In section 41 of the ordinance referring to Downtown Commercial Residential district, it does not mention having to move a vehicle every 48 hours, which means he received a ticket for a law that is not in the ordinance. When he asked the Police Department for a printed copy of the parking permit contract, they informed him they had destroyed the contract. He said he had a copy of the downtown parking permit receipt. The receipt contained the rules and regulations of the parking permit. On the receipt, there was no mention of having to move his vehicle every 48 hours. Mr. Marin said he asked for an exemption from the cost of the ticket. The Police Department informed him they could not exempt the cost of the ticket. He stated some say it takes bravery to stand up for what is right. He believes it takes more bravery to change what is not right. He said as Councilmembers they have the choice to stop the Police Department from unfairly ticketing residents who have a parking permit. He said the Police Department should not consider a vehicle with up-to-date registration as an abandoned vehicle. As a permit holder, he should be able to leave his car in the parking lot longer than 48 hours to visit family or go on vacation. Mr. Marin said he is sincerely hopeful the Councilmembers will take his concerns under advisement. He believes the Police Department is unfairly targeting students with laws that do not exist. Mayor Merrill asked Mr. Marin to schedule an appointment to visit with City Attorney Zollinger so they can review the facts and 3 make sure the ordinance does not conflict with city policies or a possible misunderstanding of the ordinance. City Attorney Zollinger explained the 48 hours are in accordance with the city’s management of their property policy. The Police Department is to give a 48-hour notice to the owner of the vehicle to allow them sufficient time to remove their vehicle for snow removal or other maintenance issues from the parking lot. There may be a misunderstanding with law enforcement regarding the issuing of the 48-hour notice verses a citation. Council President Busby asked City Attorney Zollinger to check with the Police Department to see if they inadvertently gave tickets to other residents with the downtown residential parking permit parked in the parking lot. Stephen Mellor expressed his concerns with the 68-million-dollar cost to build a recreation center. He said he foresees many residents paying into the center and a small part of the community benefiting from the center. He is more concerned about the city streets because they are in much need of repair. At one point, the city had requested a bond to repair city streets; however, the residents voted against the bond. Mr. Mellor said he would prefer a bond to repair city streets and not to build a recreation center. Update on Community Block Grant for the Wastewater Headworks Project – Taylor Carr, Altura Ms. Carr gave an update on the Community Block Grant for the Wastewater Headworks Project. On November 18th the city submitted a Community Grant for $500,000 for the expansion of the Wastewater Headworks Building. On February 1st the city received an invitation to submit an addendum to the application, which is a good sign coming from the Department of Commerce. It still does not guarantee they will award the grant to the city. In the letter, the Department of Commerce asked clarifying questions and updated information such as the schedule and budget for the project. The schedule and budget for the project has not changed; however, an updated resolution of the Fair Housing Resolution Title VIII of the 1968 Civil Rights Act Federal Fair Housing Law. This resolution is on tonight’s agenda. They also asked for last year’s Fiscal Year Audit. Council Member Chamber asked once city staff submits the required information, how long until the Department of Commerce notifies the city of their decision to award the bid to the city. Ms. Carr replied, the city would be notified sometime in April regarding the award of the bid. Staff Reports: (0:27:15) A. Finance: - Matt Nielson 1. Review and Acceptance of Fiscal Year 2024 Budget Calendar Finance Officer Nielson reviewed the Fiscal Year 2024 Budget Calendar. 4 Council President Busby moved to approve the Fiscal Year 2024 Budget Calendar; 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 Finance Officer Nielson reviewed the Mayor and Councilmembers proposed salary rates increases. The Mayor and Councilmembers can only propose to change the rates every two years. A public hearing is necessary to be able to change the salary rates. He recommended the public hearing be scheduled for May 3rd, 2023 City Council Meeting. Council President Busby moved to approve to Set a Public Hearing on May 3rd, 2023, at 6:00 P.M. for the Mayor and Councilmember Salary Raises; Council Member Chambers 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 B. Public Works: - Keith Davidson (0:34:03) 5 1. Discussion Regarding Costs for Pickle Ball Court Surface Public Works Director Davidson reported the city has received the Idaho Pollutant Discharge Elimination System (IPDES) permit from the Idaho Department of Environmental Quality (DEQ) which allows the Wastewater Treatment Plant to discharge treated wastewater into the river. There are some stipulations the DEQ will review with city staff on March 16th. Public Works Director Davidson reported there are many potholes in the city streets and the city street crew is busy trying to fill the potholes. It may take the street crew longer to repair some of the potholes because they are busy unplugging storm drains and with snow removal. He visited with the Idaho State Department (ITD) and was informed they have asked District 3 for assistance to fill potholes on the state highways such as 2nd East and Main Street. Mayor Merrill asked if the city crews could repair the potholes when there is water in the potholes. Public Works Director Davidson explained there are different mixtures of asphalt they can use if there is water in the pothole. They have experimented with different mixtures and the cold patch mixture works the best even though it can blow out of the pothole. The street crew has filled some of the potholes several times this year. Public Works Director Davidson reported there is $100,000 in the budget for Pickle Ball courts for this year. The city engineers looked at the Pickle Ball courts in Brigham City; Utah has designed to hold tournaments, which is a 17-court complex. He reviewed the layout of the Pickle Ball courts at the baseball quad complex. The tennis courts near the baseball quad have the Pickle Ball lines painted on them. This is the main reason he looked at that site. The city engineers calculated an estimated cost for the Pickle Ball courts without lights. There are two options for the surface of the Pickle Ball courts. The first option is asphalt courts, and the second option is a post-tension concrete court. The concrete courts would last longer than the asphalt courts. The estimated costs to construct the four courts highlighted in red on the map below, are for asphalt courts about $240,000 and $270,000 for the post-tension concrete courts. One of the issues they will run into if they decide to go with asphalt courts is they will have to remove any fencing and netting when the asphalt is replaced in the future to get the equipment in the area to lay the asphalt down. Council Member Johnson asked if the city owns the property of the proposed location for the Pickle Ball courts. Public Works Director Davidson replied yes, the property is owned by the city, it is the area that grass has not been planted on; however, there is a sprinkler system in that area. Council President Busby said other builders informed him that the post-tension concrete is the far better material for a Pickle Ball court. Council Member Erickson questioned if they would need to build an additional parking lot. Public Works Director Davidson said there are concerns from the surrounding businesses regarding parking issues with the tennis court patrons parking in the businesses parking stalls. Where the parking lot is private property, the city cannot enforce parking regulations. One option would be to collaborate with the business owners to install a fence so that the courts are not easily accessible to patrons. Council Member Flora questioned if there is sufficient parking for the baseball quad patrons. Public Works Director Davidson said there are more parking stalls on the south side of the quad. The Brigham City complex has about 100 parking stalls. There are more than 100 parking stalls surrounding the baseball quad and there is room to expand one of the parking lots. 6 Council Member Erickson said he attended the Idaho Transportation Department (ITD) meeting regarding the highway interchanges. He expressed his concerns with only a section of University Boulevard being four-lanes. University Boulevard changes to a three-lane road near the high school. He said the amount of traffic on University Boulevard and on South 12th West, these two roads should be a continuous four lanes to allow traffic to flow better. The section where the roads narrow becomes a bottleneck for traffic. Public Works Director Davidson said building those roads to four lanes prior to development comes at a large expense to the city. There are ways to recuperate some of the costs such as claw back fees; however, many times the city hopes for development so that it pays for its section of street. The city would pay for the expansion of the road. There is a developer looking at that section of property. Council Member Erickson said he is in favor of the city funding the expansion of roadway on University Boulevard and South 12th West. Mayor’s Report: (0:48:31) Mayor Merrill reported the city recently received a grant to fund the installation of a rapid flashing beacon at 2nd West and 6th South from the Local Highway Technical Assistance Council (LHTAC). The beacon was supposed to be installed last summer; however, due to supply chain issues they did not have the material. He said LHTAC sent notification to the city stating the city is in the running to be awarded a grant to fund a HAWK (High-intensity Activated crosswalk beacon) signal on 7th South where the BYU-Idaho student was hit and killed by a motorist. The funding for the HAWK signal would not be available until the year 2026. The reason the funding is not available sooner is due to it being a large amount of funds, which is over $700,000. Items for Consideration: (0:51:22) A. Resolution 2023 – 05 Fair Housing Resolution Title VIII of the 1968 Civil Rights Act Federal Fair Housing Law Council President Busby read Resolution 2023 – 05 Fair Housing Resolution Title VIII of the 1968 Civil Rights Act Federal Fair Housing Law. FAIR HOUSING RESOLUTION Resolution No. 2023 - 05 LET IT BE KNOWN TO ALL PERSONS OF the City of Rexburg that discrimination on the basis of race, color, religion, gender or national origin in the sale, rental, leasing or financing of housing or land to be used for construction of housing or in the provision of brokerage services is prohibited by Title VIII of the 1968 Civil Rights Act (Federal Fair Housing Law). It is the policy of the City of Rexburg to encourage equal opportunity in housing for all persons regardless of race, color, religion, gender or national origin. The Fair Housing Amendments Act of 1988 expands coverage to include disabled persons and families with children. Therefore, the city does hereby pass the following Resolution. BE IT RESOLVED that within available resources the City will assist all persons who feel they have been discriminated against because of race, color, religion, gender, national origin, disability or familial status to seek equity under federal and state laws by referring them to the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division. BE IT FURTHER RESOLVED that the City shall publicize this Resolution and through this publicity shall encourage owners of real estate, developers, and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and amendments and any applicable state or local laws or ordinances. SAID PROGRAM will at a minimum include: 1) publicizing this resolution; 2) posting applicable fair housing information in prominent public areas; 3) providing fair housing information to the public; 4) preparing a fair housing assessment; and 5) declaring April as Fair Housing Month. EFFECTIVE DATE, this Resolution shall take effect __, 2023. ________________________________ SIGNED BY: Jerry Merrill, Mayor ATTEST: I hereby attest 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 ___, 2023. (Seal) ________________________________ Deborah Lovejoy, City Clerk 7 Council Member Chambers moved to approve Resolution 2023 – 05 Fair Housing Resolution Title VIII of the 1968 Civil Rights Act Federal Fair Housing Law; 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 Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. B. 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 2023 – 04 if motion passes – Deborah Lovejoy (0:54:52) Discussion: Council President Busby moved to approve Resolution 2023 – 04 the Destruction of Building Plan hard copies that have been archived digitally in the City’s designated records archive system; 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 Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. C. Planning and Zoning recommendation to approve Madison Square Plat located at 354 W. Main Street #22-00314 – Alan Parkinson – Alan Parkinson (0:56:00) Planning and Zoning Administrator Parkinson reviewed the city staff report of the Madison Square Plat. The developer has been working on the project for almost two years. The existing building in the upper corner of the property, the developer is considering remodeling the building; however, they are not changing the footprint of the building. The developer has proposed townhomes, apartments and because the zone is a Mixed Zone there needs to be a commercial element, so they proposed an extended stay hotel. The hotel aspect of the development will consist of four rooms. 8 Council Member Johnson explained there are only a few reasons a plat can be denied. As Councilmembers, they are basically making sure all of the minimum requirements of the plat are met. Council Member Flora moved to approve the Madison Square Plat located at 354 West Main Street; Council Member Chambers 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. Calendared Bills: (1:01:23) 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 Mayor Merrill said the tabled item to make amendments to Ordinance No 1200 Rexburg Development Code will remain on the table until the joint City Council and Planning and Zoning meeting is held on March 15th. 2. Acceptance of Bid No. ITF 23-01 for Construction Materials Supplier for the Lightbridge Community Broadband Fiber Network. Possibly looking for two suppliers to prevent construction delays – Todd Smith Council President Busby moved to remove from the table Bid No. ITF 23-01 for Construction Materials Supplier for the Lightbridge Community Broadband Fiber Network. Possibly looking for two suppliers to prevent construction delays; 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. 9 IT Director Smith recommended the approval of the contract for the construction materials for the Lightbridge Community Broadband Fiber Network. Mayor Merrill clarified this is a contract and not a bid to be able to purchase the materials as needed. Council President Busby moved to approve Bid No. ITF 23-01 for Construction Materials Supplier for the Lightbridge Community Broadband Fiber Network. Possibly looking for two suppliers to prevent construction delays; 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. B. Second Reading: Those items which have been first read: NONE C. Third Reading: Those items which have been second read: NONE Mayor’s Business: (1:04:27) A. Proclamation 2023 – 01 Rexburg Founder’s Day Council Member Flora read Proclamation 2023 – 01 Rexburg Founder’s Day. PROCLAMATION No. 2023 – 01 2023 Rexburg Founder’s Day Proclamation WHEREAS, in the Spring of 1883, Thomas E Ricks, together with a small group of individuals selected the area currently known as Rexburg as an area for settlement; and WHEREAS, the City of Rexburg does not have an official day designated to celebrate and commemorate the founding of the City; and WHEREAS, the people of Rexburg have long had a love and deep sense of pride in their pioneer roots and founding fathers who strived to beautify this community through diligent hard work and sacrifice in developing canals, roadways, homes, and businesses; and WHEREAS, having an official day declared to celebrate the beginnings of our great community would further inspire deep community pride and unity amongst its citizens; and WHEREAS, it is widely accepted by historians that the date that the streets of Rexburg were surveyed and outlined by Andrew S. Anderson was March 11, 1883; now THEREFORE, be it resolved that I, Jerry Merrill, mayor of the city of Rexburg, do hereby declare March 11th as Rexburg Founder’s Day. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Rexburg to be affixed this __ day of ___ in the year of our Lord two thousand twenty-three. APPROVED: _____________________________ SEAL Jerry Merrill MAYOR ATTEST: ______________________________ Deborah Lovejoy REXBURG CITY CLERK 10 Council Member Flora moved to approve Proclamation 2023 – 01 Rexburg Founder’s Day; Council Member Chambers seconded the motion; Mayor Merrill asked 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. 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. (1:08:27) A. Minutes from February 15, 2023 B. Approve the City of Rexburg Bills Council Member Johnson moved to approve the Consent Calendar containing the minutes and city bills; Council Member Erickson seconded the motion; Mayor Merrill asked 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: _____________________________ Marianna Gonzalez, Deputy Clerk