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HomeMy WebLinkAboutCouncil Minutes - August 03, 2022 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 0:03:10) Council Member Erickson said the prayer Spence Woodland led the pledge Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Erickson, and Council Member Walker Council Member Chambers, Council President Busby and Mayor Merrill did not attend the meeting. Welcome New City Employees: Justin Daniel – IT Support Center Technician; Spencer Woodland – Full Time Patrol Police Officer, Oath of Office by Attorney Spencer Rammell (0:05:05) Council Member Flora asked the new city employees to introduce themselves. Justin Daniel said he has been in the Information Technology industry for over 20 years. He was born and raised in Madison County. After, living here for 17 years he moved and later served a mission for the Church of Jesus Christ of Latter- day Saints in Brazil. He lived in Idaho until he was 17 years old. He attended college in Arizona and later, he moved to work in South America for 10 years. After, he returned from South America he married his wife, they have been married for 17 years and have three children. They lived in Virginia for seven years before moving back to Rexburg, four years ago. He expressed his gratitude for the opportunity to work for the city. Spencer Woodland said he is the previous Mayor of Rexburg, Rich Woodland’s great nephew. He was born in the State of Washington and moved to Elko, Nevada when he was eight years old. After, graduating high school in Elko, he moved to Rexburg to attend BYU-Idaho University. He attended a semester at the university before serving a mission in Uganda and Rwanda, Africa for the Church of Jesus Christ of Latter- day Saints. After, returning from his mission, he met and married his wife. He said he enjoys living in Rexburg; it is a great community and looks forward to building his future here. Attorney Spencer Rammell swore in new Police Officer Spencer Woodland. OATH OF OFFICE I, Spencer Woodland, do solemnly swear that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, that I will endeavor to enforce these laws to the best of my abilities, and that I will faithfully discharge all of the duties assigned or requested of me in my capacity as a law enforcement officer for the City of Rexburg. _________________ Spencer Woodland Subscribed and sworn to before me this 3rd day of August 2022. ___________________ Spencer Rammell, Attorney 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 August 3, 2022 2 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. NONE (0:09:40) Council Member Johnson moved to amend the Agenda to add an Executive Session Per Idaho State Statute 74-206 (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective quali ties 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; Council Member Erickson seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. Staff Reports: (0:12:22) A. Finance: - Matt Nielson 1. Review updated Fiscal Year 2023 Proposed Budget and L2 Document and make recommendation to publish changes and set Public Hearing for September 7, 2022 Finance Officer Nielson explained the City Councilmembers have second read bill 1284 Fiscal Year 2023 Proposed Budget; however, there are some changes. He is recommending setting a Public Hearing for the proposed budget changes to be held on September 7th, 2022. After, the public hearing is held on September 7th, the Councilmembers may consider third reading the Ordinance. Some of the changes are, he had originally anticipated around 30 million dollars in new construction tax; however, the tax amount came in at about 33.7 million dollars. The other change was the expiration of the North Highway Urban Renewal District. The value added to new construction is 80% of over 32 million dollars, which is a significant amount. He said these two changes would allow the city to lobby for additional property taxes. He reviewed the 2022 L-2 Worksheet which is used to determine how much property tax the city can budget. Finance Officer Nielson reviewed the summary of the proposed fund amount changes for Fiscal Year 2023. There is an increase of $74,600 and he recommended those funds be placed in contingency. All other funds stayed the same from when the original public hearing was held. 3 Council Member Walker moved to approve to set a Public Hearing for the updated Fiscal Year 2023 Proposed Budget for September 7, 2022; Council Member Johnson seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. B. Public Works: - Keith Davidson (0:16:26) 1. Surplus Police Department Office Furniture – File Cabinets, Office Chairs, and Desk Public Works Director Davidson reviewed the items needing to be surplus. Council Member Erickson moved to approve the Surplus of the Office Furniture as discussed; Council Member Walker seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. Public Works Director Davidson said he met with a representative from the Idaho Transportation Department (ITD) and they went to visit with the managers of businesses that may be affected by the removal of the traffic signal on 2nd East by Mountain River Drive. ITD will remove the signal on Saturday and Sunday, August 13th and 14th. They also visited with the managers of the businesses along Main Street that may be affected by the removal of the crosswalk on Main Street and College Avenue. He said the crosswalk is going to be removed on the same days as the signal. A pole near the courthouse will be removed as well. Council Member Flora asked for the consensus of the business managers they visited of where the crosswalk and traffic light are being removed. Public Works Director Davidson said there were no negative responses regarding the removal of the crosswalk; however, not all the business managers were in favor of the removal of the traffic signal. The D.L. Evans manager said when that traffic signal was turned off, it negatively affected their business. C. Information Technology: Todd Smith (0:20:42) 4 1. Acceptance of Branding Guide for Community Broadband IT Director Smith presented the proposed broadband branding and style guide, the BYU-Idaho student- marketing class created under the direction of Sean Randall over a 12-week course. He explained a brand is more than a logo; it defines the vision of the project, defines the values of the project, and provides a mechanism to set it apart from the other entities. Some of the reasons to create a brand is to keep focused on project goals, set customer expectations and it aids in marketing. The students received direction from the Broadband Board regarding their vision of the branding project. He said below is the proposed brand logo and the meaning of the symbol and words that make up the logo. IT Director Smith explained the board opted to go with community broadband rather than mentioning fiber specifically because there's a lot of different ways that internet can be provided to a resident or a business. The word broadband is more generic than the word fiber. He said the brand guide has examples of fonts, color palettes, the proper usage of the logo, and the types of pictures that are appropriate for marketing. Council Member Flora said she appreciates working with the BYU Idaho students on projects such as the brand guide and other marketing projects. She had the opportunity to work on a project with BYU-Idaho University Public Affairs Director, Brett Sampson, and his students. It was incredible to see what the students created for these projects. She asked if the students created the name for the broadband project. IT Director Smith replied producing a name was a joint effort. The board and students divided into three groups and wrote hundreds of words on the board it took them a couple of weeks condensing the words to produce Lightbridge. Council Member Erickson moved to approve the Broadband Branding Guide for the Community Broadband; Discussion: contingent upon Madison County Commissioners; Council Member Walker seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. Mayor’s Report: Public Hearing 7:00 P.M. – Fiscal Year 2022 Amended Budget. Designated as Ordinance No 1288 if motion passes and considered first read – Matt Nielson (0:29:32) Finance Officer Nielson reviewed the budget amendment for Fiscal Year 2022, which ends on September 30th, 2022. The amount of budget amendment is about 1.36 million dollars in the respective areas. 5 Council Member Flora opened the public hearing 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 Council Member Flora closed the public hearing. Council Member Walker moved to approve Ordinance No. 1288 the Fiscal Year 2022 Amended Budget and consider first read; Council Member Erickson seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. Public Hearing 7:00 P.M. – FY23 Utility Fees Changes. Designated as Resolution 2022 - 17 if motion passes – Matt Nielson (0:32:36) Finance Officer Nielson reviewed the proposed utility rates for Fiscal Year 2023, which would be effective on October 1st, 2022. He reviewed the rates in detail at the last City Council Meeting and there were no changes. Council Member Chambers had asked for the water volume rate to not change; however, he and Public Works Director Davidson reviewed the allocations of the different expenses. They determined the rate increase was justified for several reasons and after discussion with Mayor Merrill; it was decided to proceed forward with the proposed increase. Finance Officer Nielson said he did not hold a meeting with the City of Sugar City or Teton regarding the increase in the usage fee per thousand gallons of wastewater. He said he sent an e-mail to these two cities Public Works Directors to schedule a meeting to discuss the increase and costs of the maintenance line. Finance Officer Nielson reviewed the utilities sample bills, for a typical resident the increase is about $7.05 per month on average. The increase based on a percentage is about 6.3% in the respective areas and for large volume users the increase is acturally not as high, it is only about a 3.99% increase. He said the costs will vary based on the customers usage and volumes. Council Member Flora opened the public hearing 6 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 Council Member Flora closed the public hearing. Council Member Flora said there were three Councilmembers on the committee reviewing the utility rate fees. The increases in utility rates are an item the Councilmembers do not take lightly; however, the costs to operate these services have increased. Council Member Erickson said he understands there are residents on a fixed income and increasing the rates is concerning because for some it may be difficult to pay these increased rates. The Councilmembers and city staff tried to minimize the increase while still providing the same service. Council Member Walker mentioned the utility rates are reviewed yearly and raised incrementally, if needed, to not cause a large increase that may be a major burden on residents. Council Member Flora said the fees for water and wastewater by federal law need to break even. The city cannot make money by law on these services. Council Member Erickson moved to approve Resolution 2022 -17 Fiscal Year 2023 Utility Fees Changes; Council Member Johnson seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. Item for Consideration: (0:39:27) A. City Staff Recommendation to approve destruction of Building Plans hard copies that have been archived digitally in the City’s designated records archive system. Designated as Resolution 2022 – 18 if motion passes – Deborah Lovejoy City Clerk Lovejoy reviewed some of the items on the destruction of records list. City staff has archived digitally all these records and some records have been saved for historical purposes. Council Member Johnson moved to approve Resolution 2022 – 18 the destruction of Building Plans hard copies that have been archived digitally in the City’s designated records archive system; Council Member Walker seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. B. Planning & Zoning recommendation to approve a Comprehensive Plan Map amendment for 11 parcels at the Pine Brook Subdivision DIV 2 Block 6 Lots 15-25 from Rural to LDR1-MDR1 #22-00418. Designated as Resolution 2022 - 19 if motion passes – Alan Parkinson (0:41:22) Planning and Zoning Administrator Parkinson explained this recommendation has been before the City Council on a previous City Council meeting and at that time the motion to approve the Resolution 2022 – 19 Comprehensive Plan Map Amendment from Rural to Low Density Residential 1 (LDR 1) – Medium Density Residential 1 (MDR 1) failed. There has been a change to the request, the addition of two parcels, making it 11 parcels total. The applicant is requesting the following change to the Comprehensive Plan Map for this property from Rural to LRD 1 – MDR 1 so then they can request the application for a rezone. 7 Planning and Zoning Administrator Parkinson said the LDR 1 requires a different sidewalk and setbacks than Rural Residential. The applicant has agreed to keep the setbacks and sidewalk consistent with the rest of the neighborhood. Council Member Johnson said she listened to the recorded Planning and Zoning meeting and had a difficult time understanding the reason why the P&Z commissioners kept stating that changing the Comprehensive Plan was not going to make a difference with the lot sizes. She said she felt that was disingenuous to the citizens in the room because they would need to redo a final plat; however, as stated in a previous meeting the Comprehensive Plan Map is a guiding document that developers use. There would be no reason to change the Comprehensive Plan Map if the developer was not going to ask for those lots to be subdivided. She believes it was confusing for the residents to understand why a change was being requested if it did not change anything. Council Member Johnson said the city should have Rural Residential zones. A couple of weeks ago a developer was stating how they are doing such a service to the city by not choosing the highest range in the Comprehensive Plan. She said, if changing the zone to LDR 1 and MDR 1, it sets a precedence informing the developer that the city is ok with having MDR 1 in this area and that is not a good fit at this time. Council Member Walker said the developer’s original request was to build twin homes. The neighborhood residents did not approve of having twin homes in their neighborhood. The developer is now requesting to build single-family homes on a smaller lot size. He said he is in favor of this request. Council Member Flora explained the reason she was not in favor of the original request was that the developer had sold a vision of how the neighborhood was going to be developed as single-family homes. She said she understood twin homes are considered single family residential; however, when the LDR 2 zone was requested that would change the original vision of the neighborhood because it would allow the rental of the twin homes. The LDR 1 zone keeps the original vision. The change to the Comprehensive Plan would allow the building of eight additional homes. Council Member Erickson said his concern is that there is very little RR 1 zone in the city and there is a market for one acre lots; however, these lots have not been on the market. They have been sold as a group and never individually for the last three years. He believes the changing of the Comprehensive Plan is done too quickly. When citizens purchase a lot in a subdivision that is zoned in a certain way and then suddenly there is a change to that zone, it is a disservice to them. In addition, the number of homes that can be build increases with the change. He is not in favor of the Comprehensive Plan Map change. Planning and Zoning Administrator Parkinson said something to consider is that these lots have been on the market as single lots since 2009. The Comprehensive Plan does not change lot size and the plat changes cannot be made until the rezone request is approved by City Council. Council Member Johnson asked for the reason why the P&Z Commissioners continued to state the Comprehensive Plan would not cause a change. P&C Administrator Parkinson explained the Comprehensive Plan Map does not set lot sizes, plat size changes or anything else until a request to rezone a property completes the public hearing process and is considered by City Council. Council Member Johnson said there was a lot of confusion in the P&Z Commissioners meeting and hopes that does not happen again. Most, residents do not know what the final plat will be and once a property is rezoned, there generally is not a good reason not to approve the final plat. Council Member Flora said since the time she has served on the Planning and Zoning Commission for two years and her sixth year on City Council not a single request for LDR1 has come forward until now. The LDR1 is the lowest density besides Rural Residential this is the reason why the LDR1 is a good fit for this property. They are going to build the same type of product that has already exists only on a smaller lot size. The setbacks are the same and they are building a few extra homes. Council Member Johnson said in the subdivision there are 20 to 30 lots available for development after the development of these 11 lots so there is a potential for those other lots to request a rezone. P&Z Administrator Parkinson replied there are extenuating circumstances involving the strip of the 11 lots; however, there are not extenuating circumstances for the 20 to 30 internal lots. Council Member Flora said this developer has met with the neighborhoods HOA board members. There are certain building 8 requirements that need to be met and the developer is working with the HOA members to make sure those requirements are met. Council Member Erickson said he is also concerned the other 20 to 30 lots desiring to change to LDR1. Attorney Rammell said to address Council Member Johnson’s valid concerns with the confusion in the Planning and Zoning meeting. The Planning and Zoning Commissioners discussed some deep hypotheticals regarding this request. The developer’s desire to change the zone of the 20 to 30 lots is a hypothetical and should not being addressed because that request does not exist at this time. Council Member Walker moved to table Resolution 2022 – 19 a Comprehensive Plan Map amendment for 11 parcels at the Pine Brook Subdivision DIV 2 Block 6 Lots 15-25 from Rural to LDR1-MDR1; Council Member Flora seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. C. Planning & Zoning recommendation to approve a rezone for 11 parcels at the Pine Brook Subdivision DIV 2 Block 6 Lots 15-25 from Rural Residential 2 (RR2) to Low Density Residential 1 (LDR1) zone #22-00419. Designated as Ordinance No 1289 if motion passes– Alan Parkinson (0:58:14) Council Member Walker moved to Table Ordinance No. 1289 a Rezone for 11 parcels at the Pine Brook Subdivision DIV 2 Block 6 Lots 15-25 from Rural Residential 2 (RR2) to Low Density Residential 1 (LDR1) zone; Council Member Flora seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. Calendared Bills: (1:00:32) A. Second Reading: Those items which have been first read: NONE B. Third Reading: Those items which have been second read: 1. Ordinance No 1284 Fiscal Year 2023 Appropriation Budget (Staff Recommendation to Table this Item. New Public Hearing needed after property tax information was recently received) – Matt Nielson Council Member Erickson moved to table Ordinance No 1284 the Fiscal Year 2023 Appropriation Budget; Council Member Walker seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. 9 2. Ordinance No 1286 amend Ordinance No. 536 to designate the dates for the sale of Fireworks in the City of Rexburg to be June 23rd to July 26th – Stephen Zollinger (1:01:09) ORDINANCE NO. 1286 Sale of Safe and Sane Fireworks AN ORDINANCE AMENDING ORDINANCE NO. 536 OF THE CITY OF REXBURG, MADISON COUNTY, STATE OF IDAHO, CHANGING THE DATES ON AND BETWEEN WHICH SAFE AND SANE FIREWORKS SHALL BE SOLD OR OFFERED FOR SALE IN THE CITY OF REXBURG, IDAHO. Council Member Walker moved to approve Ordinance No 1286 amend Ordinance No. 536 to designate the dates for the sale of Fireworks in the City of Rexburg to be June 23rd to July 26th; Council Member Erickson seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. Mayor’s Business: (1:01:43) A. Ratify Urban Renewal Board Member and Vice Chair, Traci Peterson Council Member Flora moved to ratify the appointment of Traci Peterson to the Urban Renewal Board; Council Member Johnson seconded the motion; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker 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. (1:02:26) A. Minutes from July 20, 2022 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; Council Member Flora asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. 10 Council Member Flora moved to amend the Agenda to add an Executive Session Per Idaho State Statute 74-206 (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; Council Member Johnson seconded the motion; Council Member Flora a asked for a roll call vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Erickson Council Member Walker The motion carried. Executive Session started at 7:07 P.M. Executive Session Ended at 8:02 P.M. Adjournment 8:03 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy Clerk