HomeMy WebLinkAboutCouncil Minutes - March 15, 2023
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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. Development Code Work Meeting Combined Planning & Zoning Commission (video
index 0:10:59)
Mayor Merrill said there are about 67 pages of changes to the Development Code. The allotted meeting
time will not allow them to review and discuss each change. He suggested discussing the most important
changes.
Discussion regarding the definitions of a Manufactured Home and Modular Home on page three and four.
Planning and Zoning Administrator Parkinson said the definitions for these types of homes come from the
International Residential Code (IRC) and the International Building Code (IBC).
Council Member Flora said she understands the Single-family dwellings attached include duplex,
twinhomes and townhomes. Planning and Zoning Administrator Parkinson replied yes, the duplex,
twinhomes and townhomes are considered attached dwellings.
Council Member Erickson asked to discuss the purpose of the Development Review Committee.
Planning and Zoning Administrator Parkinson explained the committee members meet with a person or
persons interested in developing on a particular parcel. Some of the committeee members include: city staff
from G.I.S., Public Works/Engineering, Legal, Planning and Zoning, Building, and Fire. The committee
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 15, 2023
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members ensure the correct information is being shared regarding zoning policies, building code,
infrastructure, etc with the developer.
Council Member Erickson expressed his concerns with the potential violation of the open meeting law
during the Development Review Committee meeting. Planning and Zoning Administrator Parkinson
explained the Development Review Committee is advisory and there are no City Council Members on the
committee. The committee serves as a guiding board to assist a person or persons through the application
process. When or if an application is submitted the Planning and Zoning Commissioners make a
recommendation to the city Councilmembers for a final decision. Council Member Chambers asked if city
staff could add the following sentence to the Development Code under Development Review Committee;
“such discussion shall be preliminary to an application and shall be treated as only advisory by both parties”.
Mr. Southwick requested a work meeting be held in-between the Development Review Committee
meeting and public hearing. Planning and Zoning Commissioner explained many of the Development
Review Committee meetings consist of an idea a developer has and needs clarification on whether the idea
is plausible.
Discusssion regarding Open Meeting Law.
Council Member Flora questioned the purpose of the administrative review requirement for all installation
of fencing on page 13. Planning and Zoning Parkinson explained there are different parameters for the
installation of fencing such as height, material and distance from the road.
Discussion regarding the allowed height of flag poles.
Discussion regarding allowed animals and the definitions of houshold pets. Mr. Southwick requested animal
units be added to the city’s Development Code. The animal units is a way of measuring the caring capacity
of a piece of property dedicated to the animals. City Attorney Zollinger explained in order to figure out
what the standard number of animals should be is fine if the code lists the types of animals. He said
designating the animals by unit is not a standardized federal rule. Planning and Zoning Administrator
Parkinson proposed having up to five chickens as a permited use. City Attorney Zollinger proposed using
the weight of an animal for example 10 animals weighing 0 to 25 pound are allowed, animals weighing 25 to
100 pounds so much are allowed to try and capture pigs, goats, horses, cows, etc. per acre. The acre would
need to consist of usable space.
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6:30 P.M. City Hall (1:41:29)
Council Member Chambers 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, and Council Member Walker, and Mayor Merrill
Council President Busby did not attend the meeting.
Amend the Agenda as per Idaho State Statute §74-204(4)(b): Amendment to remove Item 8B Bid ITF2303
Acceptance
Council Member Walker moved to Amend the Agenda as per Idaho State Statute §74-204(4)(b):
to remove Item: 8B Bid ITF2303; 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
The motion carried
Welcome New Employee: Richard Padilla – Water Department (2:32:19)
Richard Padilla said he has lived in Idaho for four years and has lived in Rexburg for two years. He
introduced his wife and his two sons. He and his wife have a total of eight children, seven boys and one girl.
Mr. Padilla said he is pleased to be working for the City of Rexburg. He is excited for the opportunity to
grow his career in the Water Department.
Public Comment: Limit 3 minutes; issues may be considered for discussion on a future agenda.
Please keep comments on point and respectful.
Items from City Council: (1:45:55)
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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 Erickson reported the Golf Board met yesterday to discuss the approval of the
restaurant contract for Blisters BBQ to operate at the Teton Lakes Club House.
Council Member Flora reported the Urban Renewal Agency met today; they reviewed the yearly reports
for each district. The yearly reports are available on the city’s website. She mentioned once a month city
staff holds a grant meeting to discuss upcoming grant possibilities. City Grant Writer Mary Flanary
coordinates with the Department Heads before applying for the grants. The city has received many private
and state grants since the implementation of a city grant writer. Mayor Merrill commended Grant Writer
Flanary for her dedicated work on obtaining grants for the city.
Council Member Walker reported the Mayor’s Youth Advisory Board (MYAB) met last week. He was
unable to attend the meeting; however, they discussed the roles of the Mayor and Councilmembers. A week
from tomorrow the MYAB will meet to hold a mock City Council Meeting.
Council Member Chambers reported the Madison Economic Partners Inc. (MEPI) have been meeting
for a couple of months. They have identified five industry interests, which include; advanced manufacturing
educational technology, recreational technology, agricultural technology, and value added agricultural. There
is a group of RBDC students working with MEPI on a study to map the current state of these industries in
our community. They hope to identify an opportunity for when the community can capitalize on these
industries to create jobs. He said MEPI’s mission statement is to drive entrepreneurship and cultivate
economic gardening in Madison County. The term economic gardening is a new indication to create jobs
from within the community.
Council Member Johnson said the Beautification Committee is meeting next week to plan a Spring
Cleanup Event at Eagle Park. They have not decided on a date for the cleanup. Mayor Merrill said the city
needs many volunteers for cleanup event. He said they are planning the Arbor Day and Flower Planting
along Main Street event held in May.
Staff Reports: (1:52:32)
A. Finance: – Matt Nielson
1. Financial Reports
Finance Officer Nielson reviewed the city Financial Reports.
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Finance Officer Nielson reviewed the Cash and Investment Balance Report.
2. Sound System at Romance Theater Budget Adjustment
Finance Officer Nielson reviewed the Budget Adjustment for the Romance Theater sound system. The
amount of funds needed for the sound system from contingency is closer to $5,000. City staff members
are working with several vendors to obtain bids with the lowest cost for the sound system.
Arts Director Platt thanked the Mayor and Councilmembers for their continued support of the Arts
Department. The Cultural Arts Department staff members have created many different art programs and
they are utilizing the Romance Theater and Tabernacle to host these programs; however, a lot of the
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equipment in these buildings is outdated. Ricks College donated some of the equipment; it is about 10
years old. They need the sound equipment sooner because they will be hosting several concerts this
summer.
Arts Director Platt said in addition to preserving the city owned historic buildings and growing the arts
programs, they are striving to preserve memories. The city received a grant from the Idaho Humanities
Council to create a video about the history of the Romance Theater and what the theater signifies too
many of the community members. The Soapbox Agency created the video; it will premiere at the Art
Stroll event in a couple of weeks. The Councilmembers watched a preview of the video on the overhead
screen. Art Director Platt said he attended a zoom meeting regarding a grant program that has become
available, and the city is eligible for the program. There are grants in the amounts of $15,000 to $100,000
designated for historic theaters in Idaho’s rural communities. He said if the city receives, some of that
grant money, it would fund some of the capital improvement projects at the Romance Theater.
Arts Director Platt reported the city received a different grant to create a video of the history of the
Tabernacle. Council Member Chambers said he heard the Romance Theater had some flooding issues.
Arts Director Platt replied there is water coming in from the east wall and running into the backstage area
of the theater, which is currently being remodeled. The melting snow piled on the outside of the building
wall could be the source of the water that is flooding the basement.
Council Member Erickson moved to approve the Budget Adjustment for the Romance Theater
Sound System; 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
The motion carried
3. Tabernacle Windows Bid Acceptance and Budget Adjustment for Windows and other Capital
Projects at Tabernacle
Finance Officer Nielson reviewed the Budget Adjustment for the replacement of the tabernacle
windows. They need to replace about 24 windows on both towers. He said city staff had a difficult time
obtaining a contractor that could reconstruct the windows for the past several years.
Finance Officer Nielson reviewed the bid received for the tabernacle windows. The bid was submitted
from the same individual that has replaced the other tabernacle windows.
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Council Member Johnson moved to approve the Budget Adjustment for the Tabernacle
Windows; Council Member Walker 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
The motion carried
Council Member Walker moved to approve the Bid of $65,400 from Merrill Construction to
replace the Tabernacle Windows; 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
The motion carried
4. Set Public Hearing for Impact Fee Update to be April 5, 2023 (2:12:00)
Finance Officer Nielson reviewed the Impact Fee Updates. The names of the following individuals
serve on the Impact Fee Committee: Bart Stevens, Sally Smith, Chad Richards, Dan Moldenhauer, and
Tami Geddes. The Committee Consultants are Zions Bank and Horrocks Engineering.
Finance Officer Nielson reviewed the cost comparison for the property tax levies and new home costs
sorted by 20-year cost.
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Finance Officer Nielson reviewed the additional property tax comparisons and property/sales tax
comparison per person. Some of the cities listed on the chart do not have impact fees; however, their tax
levies are higher.
Finance Officer Nielson reviewed the Single and Multi-Family Imapct and Capacity Fees.
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Finance Officer Nielson reviewed the impact fees collected by the city from the years 2004 to 2022. He
said if the city did not have impact fees, the city would not have been able to complete $12,496,874 of
projects.
Finance Officer Nielson said the Impact Committee Members discussed the studies for the city parks
and trails. When the park study was completed in 2020 there was about 115 acres designated as parks.
Some additonal ground for a park was purchased; however, that park acreage has not been added to the
figures in this chart. The population numbers changed due to the recent census count.
Finance Officer Nielson mentioned the city has only added 7.94 miles of trials.
Finance Officer Nielson reviewed the existing Levels of Service (LOS) and the desired LOS for the
parks and trails per 1000 people. He also reviewed the costs for the desired LOS per acre/mile.
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Finance Officer Nielson reviewed the city staff and committee recommendations to City Council.
Council Member Flora asked if the inflation rate is calculated in the street impact fees. Finance Officer
Nielson explained the inflation rates could be calculated in the stree impact fees; however, there are many
other factors involved in the calculations. There were several committee members that considered an index
increase on the street impact fees back in 2006; however, one of the committee members was not in favor
of the index increase. He said as a staff member, he reviews the street impact fee studies and there are many
moving parts of the study that if any one part is ignored it would create exposure to the city for not fully
studying all aspects of the impact fees.
Council Member Erickson recommended the committee members keep the Public Safety Impact fees up
to date due to population growth and annexations. The city might need to purchase or build a new Police
Station. Finance Officer Nielson said the city is setting aside about $400,000 a year into a savings account
for a new Police Station. The Capacity Fee Study indicated a new Police Station would be needed in 2026.
The city would need other revenue sources besides the funds collected from the Public Safety Impact fees
to fund a new police station.
Council Member Chambers asked if the capacity fees were addressed at the committee meeting. Finance
Officer Nielson replied the capacity fees for water and wastewater were discussed and updated in December
of 2022 by the Councilmembers.
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Council Member Flora moved to approve to set a Public Hearing on April 5, 2023, at 7:00 P.M.
for the Impact Fee Update; 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
The motion carried
B. Information Technology: – Todd Smith
1. Acceptance of Bid ITF2303 – FTTx Network Construction
This item was removed from the agenda.
C. Public Works: – Keith Davidson (2:34:38)
1. East Parkway Corridor Discussion Set Public Hearing Date for Transportation Plan Update for
April 5, 2023
Public Works Director Davidson recommended the Councilmembers approve a date to set a public
hearing to update the Transportation Plan. One of the recommended changes to the Transportation Plan is
the alignment of the East Parkway Corridor so that it follows the storm drain and sewer lines. On the map
below highlighted in yellow is the original alignment of the corridor, the proposed alignment is highlighted
in light blue. Mayor Merrill said the proposed alignment is more of a direct route.
Discussion regarding the other sections of the proposed route of the corridor.
Council Member Erickson asked if city staff has contacted the property owners to inform them that
proposed location of the corridor will run through their properties. City Attorney Zollinger explained the
city already has an easement that follows the proposed corridor route because of the sewer lines. Public
Works Director Davidson mentioned the construction of the corridor would not begin anytime soon;
however, there are driving forces that may cause them to build the corridor sooner. One of those driving
forces is the second building phase of the Founder Square Subdivision.
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Council Member Chambers moved to approve to set a Public Hearing on April 5, 2023, for the
Transportation Plan Update; 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
The motion carried
Public Works Director Davidson reported the city has received the permit from the Idaho Department of
Environmental Quality (DEQ). The permit has some new regulations the city will need to follow. One of
those regulations is to monitor the upstream and downstream of where they discharge treated wastewater
into the river. The reason DEQ requires the city to monitor the downstream and upstream of the river is to
be able to set appropriate copper limits. He said city staff is meeting with DEQ tomorrow to understand
and complete the requirements of the permit.
Council Member Walker commended the city Public Works Department employees. The Street
Department Crews have been busy filling potholes on city streets and the Wastewater Treatment Plant
employees start their jobs in the early morning hours to make sure the pump stations are functioning
correctly to avoid flooding.
Discussion regarding the volume of wastewater the pump stations were pumping due to rapidly melting
snow. The peak flow of wastewater was about 8.7 million gallons a day. On a normal day, the pump stations
are pumping about 3.5 million gallons a day. Mayor Merrill explained how important it is for the street
employees to clear the snow and ice away from the storm drains. The snow and ice clog the drains causing
the storm water to flow into the manholes. When excess water enters the manholes, the pump stations have
a harder time keeping up with the water flow, which in turn could cause flooding. Mayor Merrill said when
the street crews are busy unclogging storm drains; it takes them longer to fill potholes.
Discussion regarding the number of potholes on the city streets and the cold patch used to fill the potholes.
Public Works Director Davidson said the company selling the cold patch informed him that there are many
other cities and counties experiencing many potholes on their streets causing a depleted amount of cold
patch.
Mayor’s Report: (2:47:34)
Mayor Merrill reported he attended the Legislative Forum meeting hosted by the Chamber of Commerce.
The Legislative Representatives attending the forum were Jon Weber and Britt Raybould. They gave an
update on the Property Tax Bill moving forward through the House of Representatives. The bill will
increase the homeowner’s exemptions and circuit breaker. The bill will also redirect about four percent of
the sales tax revenues to property tax relief.
Item for Consideration: (2:50:24)
A. Planning & Zoning recommendation to approve a Conditional Use Permit (CUP) to allow light metal
fabrication/manufacturing in Commercial Business Center (CBC) zone located at 127 Airport Rd #22-
00925 - Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed the staff report for the proposed Conditional
Use Permit (CUP) to allow light metal fabrication/manufacturing in Commercial Business Center (CBC)
Zone located at 127 Airport Road. The developer is building the storefront for Mountain West Rentals and
has requested the ability to manufacture stainless steel tanks in the back of the shop. A CUP is required to
allow innocuous manufacturing. The tank manufacturing aspect is not the primary purpose of the business.
Mayor Merrill asked if the developer would need to have a buffer between the business and the highway.
Planning and Zoning Administrator Parkinson replied the developer is required to follow the Highway 20
buffering requirements.
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Council Member Erickson moved to approve a Conditional Use Permit (CUP) to allow light
metal fabrication/manufacturing in Commercial Business Center (CBC) zone located at 127
Airport Road; 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
The motion carried
Calendared Bills: (2:52:47)
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
Discussion
Council Member Flora moved to remove from the tabled amendments Ordinance No 1200
Rexburg Development Code. Designated as Ordinance No 1298; 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
The motion carried
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Council Member Walker moved to return Ordinance No 1298 amendments to Ordinance No
1200 Rexburg Development Code to the Planning and Zoning Commission for further
consideration; 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
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
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. (2:54:26)
A. Minutes from March 1, 2023, Meeting
B. Approve the City of Rexburg Bills
Council Member Johnson moved to approve the Consent Calendar containing the minutes and
city bills; 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
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.
Mayor Merrill canceled the Executive Session at this time.
Adjournment 7:55 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, Deputy City Clerk