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HomeMy WebLinkAboutCouncil Minutes - December 07, 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 5:00 P.M. Recreation District Review Status Presentation (video index 0:06:42) Michael Svetz mentioned the items he will be reviewing during tonight’s meeting and the priority programing and priority center amenities. 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 December 07, 2022 2 Michael Svetz reviewed the concept program and concept plan - project site. Michael Svetz reviewed the project budget and comparison between the years 2022 and 2026. 3 Michael Svetz reviewed the second community survey and the resident’s willingness to fund the recreation center. Michael Svetz reviewed the resident’s response to some of the questions on the survey. Michael Svetz reviewed the costs associated to establish a recreation district. 4 Michael Svetz reviewed the steps and process to fund the recreation center. Michael Svetz reviewed the operation assumptions and pro forma. 5 6 6:30 P.M. City Hall (1:33:58) Council Member Chambers said the prayer Council Member Walker led the pledge Roll Call of Council Members: Attending: Council Member Flora, Council Member Johnson, Council Member Chambers, Council Member Erickson, Council Member Walker, Council President Busby, and Mayor Merrill. Welcome New Employees: Nathan Bodda - Street Department; Adam Alldredge - Sanitation/Street Departments (1:37:30) Mr. Alldredge said he has been busy learning the city sanitation routes. He has encountered issues with residents disposing non-compliant items into the dumpster such as sofas, mattresses, etc. He said being new to the job he skipped several residents’ garbage by accident; however, he did go back to pick up their garbage. He hopes to quickly learn the garbage routes and not make mistakes. Mr. Alldredge introduced his wife, Erika. 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. (1:39:49) Wanless Southwick said the city’s Comprehensive Plan mentions hobby farm activities as part of the small town feel that residents of Rexburg like, which is an important part of the neighborhood where he lives. In the city’s Development Code, it mentions domestic livestock as a permitted activity in Rural Residential Zones with no more than two domestic livestock per acre. However, the code does not define what domestic livestock is and it does not mention any animal units. He recommended the city amend the Development Code to include the missing definitions for domestic livestock, which is not the same thing as household pets. He also recommended the addition of the definitions of animal units, which help calculate the number of small animals allowed per acre or fraction thereof. He used the following examples, a maximum of two horses per acre; however, someone can have five goats on half an acre, which is determined through animal unit designation in most Development Codes. He asked that the city Development Code clearly state that the right to keep domestic livestock depends on the amount of acreage that a hobby farmer has and not on the residential zone where the acreage is located. Mr. Southwick said the changes he is recommending to the Development Code would inform a family living on a quarter acre lot in an LDR1 Zone, the type of domestic livestock and animal units allowed on their property. Council Member Flora said she thought the city Development Code already had the information Mr. Southwick is requesting. City Clerk Lovejoy said the domestic livestock definitions and unit designation are in the City’s Municipal Code under Title 7 Animals, Chapter 7.1 Livestock. Staff Reports: (1:44:57) A. Information Technology: - Todd Smith 1. Fiber Hut Network Equipment Bid Agreement Approval IT Director Smith explained he requested bids for the network equipment for the fiber huts; however, the city did not receive any bids back. He said he was not surprised that the city did not receive any bids due to the specific equipment needed. He did expect to receive a bid from Calix. He contacted Calix to inquire about the reason why they had not submitted a bid. A representative from Calix informed him due to some internal time constraints they were not able to submit a bid. They have apologized for not submitting a bid; however, they have since submitted a quote for the network equipment. He will review the quote with the City Council later. IT Director Smith said this agreement has nothing to do with services; it is a software use agreement like when one purchases a Microsoft usage license. The agreement is to use their software on the equipment. Council President Busby asked for clarification regarding the cost of the software use agreement. IT Director Smith replied the cost is about $300,000 for the equipment and software. There is a maintenance fee of about $50,000 per year. City Attorney Zollinger said if the Councilmembers approve the agreement with Calix tonight and the city does not broker a deal with them to purchase their equipment then this 7 agreement is void. The agreement is a right to use the Calix software when and if the city decides to purchase their equipment. Council President Busby moved to approve the Fiber Hut Network Equipment Bid Agreement; 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. IT Director Smith reported Silver Star has completed their construction season. They will resume work next spring. They completed the entire bottom portion of the fiber ring. Council Member Busby asked if Silver Star repaired the leaking covert near the Valley Wide Cooperative. IT Director Smith replied Silver Star nor the city have repaired the covert because they are not responsible for the repairs on the covert. Council Member Erickson asked about the period of when residents will be able to sign up for broadband. IT Director Smith said he is meeting with a representative of WideOpen Networks tomorrow to determine when the startup date for residents to sign up for the broadband will be. The Lightbridge website is up-to-date and active for residents to fill out a survey. The survey allows the city to know which residents are interested in signing up for Lightbridge fiber. IT Director Smith said he is predicting residents will be able to connect to Lightbridge in mid-summer. The Lightbridge website is www.lightbridgefiber.net. B. Finance: - Matt Nielson (1:53:55) 1. Fire Brush Truck Budget Adjustment Finance Officer Nielson reviewed the Budget Adjustment for the fire brush truck. There is a Fire Equipment Replacement Fund. The city deposits $105,000 into the Fire Equipment fund and so does the Fire District. Council Member Erickson asked about projecting the cost for the fire truck during the budget process so that they do not have to request a budget adjustment. Finance Officer Nielson explained the Fire District Board Members project the costs in the five-year capital improvement plan. It is difficult to predict the full replacement of fire trucks. They order the chassis and sometimes it takes six months to a year for delivery so by the time they receive one part, it is time to order another part. These purchases can take multiple fiscal years to complete. Council Member Walker said the deterioration on the fire brush trucks is so extensive they cannot wait to order later because it could take a year for them to have the fire truck ready for operation. Council Member Erickson said he prefers city departments to stay within their budgets and not have to request a budget adjustment. 8 Council Member Walker moved to approve the Budget Adjustment for the Fire Brush Truck; 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 Erikson Council Member Walker Council President Busby The motion carried. C. Public Works: - Keith Davidson (1:57:22) 1. Surplus Items: Filing cabinets, desk table, old Public Works equipment Public Works Director Davidson reviewed the list of surplus items. Council Member Flora moved to approve the Surplus of Filing Cabinets, Desk Table, old Public Works Equipment; Council President Busby 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. 2. Resolution 2022 – 29 Notice of Intent to Create Local Improvement District 52 (LID 52), and set Public Hearing for January 4, 2023, at 7:00 P.M. 9 Public Works Director Davidson reviewed Resolution 2022 – 29 Notice of Intent to Create Local Improvement District 52 (LID 52), and set Public Hearing for January 4, 2023, at 7:00 P.M. He said LID 52 consists of the four blocks on First East from Second North to Second South on First East, a few blocks on Center Street from Second North to First North and First South down to Second South by the Post Office. He said the estimated cost of the City’s share would be about $221,700, Property Owner Share $955,500 and the total estimate cost of the project $1,177,200. Council Member Johnson asked if they are going to hold a neighborhood meeting with the participants of LID 52. Public Works Director Davidson said city staff has not mailed out the letters informing the property owners of their estimated costs for LID 52. He has met with a property owner on First East who is anxious for the project to start to have a new sewer line. Mayor Merrill said city staff will mail out the letters to the property owners and will schedule a neighborhood meeting. Public Works Director Davidson said once the property owners receive their assessment letter and if they have questions before the public hearing, they might contact city staff. Council President Busby moved to approve Resolution 2022 – 29 Notice of Intent to Create Local Improvement District 52 (LID 52), and set Public Hearing for January 4, 2023, at 7:00 P.M; 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 Council President Busby The motion carried. Discussion regarding city Ordinance No. 1030 Prohibits overnight parking on all streets within the city limits from 2:00 A.M. to 7:00 A.M. from December 15th to March 1st. Public Works Director Davidson said BYU-Idaho representative Brett Crandall said the university has sent letters informing the students enrolled in the winter semester regarding Ordinance No. 1030. Mayor’s Report: (2:08:39) Mayor Merrill reported on a scheduled meeting later this month to discuss domestic water issues; however, he and Public Works Director Davidson are attending a meeting tomorrow in Idaho Falls to discuss some of those water issues. Public Hearing 7:00 P.M. Resolution 2022 - 26 City Fee Changes - Matt Nielson Finance Officer Nielson reviewed the fee changes. The fees highlighted in red are the joint city and county fees for the airport and golf courses only. The Airport Board Members recommended a 10% increase in the three main fees. There is a new Building inspection fee, and they are discontinuing several fees in the Customer Service Department. The Economic Development Department added new fees for the co-working space. 10 Finance Officer Nielson reviewed the Golf Course Fees. The cart trail fee for the golf course was changed to $600. They will offer the cart trail fee on a special promotion during the bundling options for $500. He said most patrons are purchasing their golf season passes during the bundling promotion. There is a $15 increase in the club rental fee because there will be higher end clubs available to rent. The rental fee for the cheaper golf clubs is still available; however, those clubs will mainly be used at the Legacy Golf Course. Finance Officer Nielson said all of the other fees were reviewed by the Golf Board Members. The daily fees and season passes were increased at Teton Lakes by a small percentage on average. The fees for the daily play and season passes are still at a lower cost than the surrounding golf courses. The junior rates were not increased and they did not increase the rates at the Legacy Golf Course. Finance Officer Nielson explained the new fee for locker rentals at Teton Lakes. They are remodeling an area in the basement of the club house to install the lockers that were donated to the golf course. Their original locker rental fee was $125; however, after further discussion the fee was lowered to $100 and $80 with the bundle options. There is also a monthly option for the locker fee of $40. The deck rental fee is new. He said the deck at the club house could be rented to host wedding receptions or other events. Finance Officer Nielson continued to review the golf course fees. There was an increase of about two to four percent on average for all of the season passes. County Commissioner Todd Smith said he noticed a tent rental fee and asked if a tent was purchased. Finance Officer Nielson said the tent was donated to the golf course by Madison Memorial Hospital as long as they can use the tent when needed. The party renting the tent will be responsible for the set up of the tent. County Commissioner Mendenhall expressed his concerns with the liability of allowing patrons to assemble the tent due to personal injury and damage to the structure. He asked if there is written policy to protect against personal injury and structural damage. City Attorney Zollinger explained if a patron desires to use the space at the golf course and rents the tent for $300, the city and county do not take on any liability for the rental of the tent. He said similar to other equipment rental if there is damage to the equipment the person that signed the rental agreeement is responsible for the damages. 11 County Commissioner Doug Smith said he attends the Golf Board meetings and he was not in favor of the fee change because he does not believe it reflects the cost of doing business. The cost of inflation and of new equipment is increasing faster than the fees being charged to the patrons. Council Member Flora asked County Commissioner Doug Smith to clarify which fees need to be increased; all of them or are there specific fees? County Commissioner Doug Smith replied all of the fees needed to be increased. Finance Officer Nielson said if the price to golf becomes too costly, they may lose some patrons. Council Member Johnson said it is important to take into account how well the golf course has done in terms of bringing in revenue. Finance Officer Nielson said they try to achieve a balance between costs and revenues needed to continue to operate the golf course. The last two years the revenues at the golf course have been phenominal. They have been aggressive on a capital infrastructure stand point during the last five years and into the next five years. The city and county are subsidizing the cost slightly. There has been one million dollars of infrasturcture improvements in those five years. The model they have put together will help to cover the operating costs and lower the subsidy on those captial projects. Mayor Merrill opened the public hearing Finance Officer Nielson continued to review the fee changes for the Planning and Zoning Department, Police Department and Recreation Department. Council Member Johnson questioned if the price for the carousel punch pass was increasing and the number of punches decreasing. Finance Officer Nielson explained the carousel staff was not selling many of the 75-ride punch passes. City staff is recommending lowering the number of rides to 50 with a price of one dollar per ride for the 50-ride punch pass only. Council Member Johnson said she is not in favor of increasing the carousel ride fee. Council Member Flora said she understands inflation has caused prices to increase; however, the carousel needs repairs. They will need to replace the deck on the carousel, which will be expensive. Finance Officer Nielson said they would need to complete other capital improvement projects on the carousel. Council Member Johnson suggested they increase the fees slightly every year to avoid increasing it 60% in one year. County Commisioner Todd Smith opened the public hearing 12 County Commissioner Mendenhall asked if it is the city and county or the Golf Pro whom own the rentable golf clubs. Finance Officer Nielson replied the city and county own the golf clubs available to rent by patrons at the golf courses. 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 County Commisioner Todd Smith closed the public hearing Council Member Mendenhall moved to approve Resolution 2022 - 26 City/County Fee Changes to the joint owned Teton Lakes Golf Course and Airport; Council Member Doug Smith seconded the motion; County Commissioner Todd Smith asked for a vote: Those voting aye Those voting nay County Commissioner Doug Smith None County Commissioner Mendenhall County Commissioner Todd Smith The motion carried. Finance Officer Nielson continued to review the fee changes for Rexburg Rapids, the Romance Theater, Streets, Tabernacle and Wastewater. 13 Finance Officer Nielson continued to review the wastewater fee changes. Public Testimony in favor of the proposal (5-minute limit): None Public Testimony neutral to the proposal (5-minute limit): 14 An audience member asked about wastewater capacity fees. Council Member Flora said a developer pays for the capacity fees when building a new structure. Finance Officer Nielson said the city charges the capacity fees far in advance because of the millions of dollars it takes to expand capacity. When charging the capacity fees in accordance with what the true costs are, then that is protecting the prior people who have already paid for their capacity. An audience member asked if the capacity fee is the same as an impact fee. Finance Officer Nielson replied, an impact fee is different from a capacity fee. There are four impact fees the city charges and two capacity fees. The capacity fees are for water and wastewater, and the impact fees are for park, fire, streets, and police. Brent Harris said the state code indicates whenever there is a change to the use of land and irrigation water is available you are required to use that water for any irrigation needs that may arise from the change of land use. The Development Code indicates when a person has water rights to a property and they are going to develop that property, they will need to turn over those rights to the city. The state statute indicates a person cannot use well water for irrigation if surface water is available. In his understanding, the city’s Development Code does not abide by the state statute. City Attorney Zollinger said the law is not as linear as Mr. Harris has indicated; however, even if the law was as linear, the city is compliant because it uses the water it obtains through the transfers as linearization to the city’s wells. The city takes one and a half cubic feet per second of surface water back into the ground in exchange for the agreement the city has with the Idaho Department of Water Resources. The city reserves the right to request developers come up with an independent irrigation system; however, recognizing that it is not practical given the way the canal systems are operated in this part of the state. The city has an approved water recharge site. Council Member Johnson reiterated she is not in favor of increasing the fee for the carousel rides. Public Testimony opposed to the proposal (5-minute limit): None Mayor Merrill closed the public hearing Council President Busby moved to approve Resolution 2022 - 26 City Fee Changes; 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. Items for Consideration: (2:41:00) A. City Staff recommendation to approve destruction of Building Plan, Golf Receipt, Golf Report, Accounts Payable Invoice and Check, Rexburg Rapids Receipts, Business Registration hard copies that have been archived digitally in the City’s designated records archive system, Semi-Permanent Legal Files, 2014 and Older Terminated Employee Files, 1997 Payroll Records and Check Copies, 2016 and Older Employment Applications, 2016 and Older Employee Time Cards, 2011 and Older Insurance Claims, Bond Records, Utility Remittance Stubs 2017 and Older, and 2013 and Older Bankruptcy Notifications. Designated as Resolution 2022 – 30 if motion passes – Deborah Lovejoy Discussion 15 Council Member Chambers moved to approve Resolution 2022 – 30 the destruction of destruction of Building Plan, Golf Receipt, Golf Report, Accounts Payable Invoice and Check, Rexburg Rapids Receipts, Business Registration hard copies that have been archived digitally in the City’s designated records archive system, Semi-Permanent Legal Files, 2014 and Older Terminated Employee Files, 1997 Payroll Records and Check Copies, 2016 and Older Employment Applications, 2016 and Older Employee Time Cards, 2011 and Older Insurance Claims, Bond Records, Utility Remittance Stubs 2017 and Older, and 2013 and Older Bankruptcy Notifications; 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. Planning & Zoning recommendation to approve a rezone at approximately 301 S 12th W, Parcel No. RPRXBCA0254499, from Rural Residential 2 (RR2) to Low-Density Residential 1 (LDR1) and Low-Density Residential 2 (LDR2) zones. Designated as Ordinance No 1294 if motion passes - Alan Parkinson (2:42:28) Planning and Zoning Administrator Parkinson reviewed the city staff report for the rezone at approximately 301 S 12th W. . Council Member Erickson expressed his concerns about changing the zone of this property. He would prefer the zone to remain Rural Residential 2 (RR2). He understands Mr. Peterson has completed a lot of work and research to develop a great subdivision if the zone were to be changed. He believes the city needs to balance, where Rural Residential Zones located at the edge of the city remain Rural Residential Zoned. The loss of the Rural Residential Zones in the city is unacceptable. The city needs more lots available to purchase to build homes. There are people interested in purchasing half acre lots which in the county the acre lots are one acre or higher. He is concerned the city will lose all the RR zones. Discussion regarding Low Density Residential 1 (LDR1) neighborhoods in the city. Council Member Flora said Rexburg is a growing community and the request is for economical housing. A developer requesting LDR1 is refreshing instead of MDR1 and MDR2. The LDR1 rezone request for this property would provide a family neighborhood and a wonderful addition to the city. She wondered if the market is 16 demanding the LDR1 zone. Council Member Erickson said a realtor informed him that half-acre lots sell well; however, there are not many half-acre lot sizes available in the city. Council Member Flora explained the rezone of this property has been before the City Council three different times; however, this is a completely different rezone request than the previous times. She believes this rezone request is far better than the previous requests. Council Member Johnson said she agrees with Council Member Flora’s comment. This rezone request is far better than the previous requests. Council Member Flora moved to approve Ordinance No. 1294 a Rezone at approximately 301 S 12th W, Parcel No. RPRXBCA0254499, from Rural Residential 2 (RR2) to Low-Density Residential 1 (LDR1) and Low-Density Residential 2 (LDR2) Zones and consider first read; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora Council Member Erickson Council Member Johnson Council Member Chambers Council Member Walker Council President Busby The motion carried. Calendared Bills: A. Second Reading: Those items which have been first read: NONE B. Third Reading: Those items which have been second read: NONE Mayor’s Business: (2:58:34) 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. A. Minutes from November 16th, 2022 B. Approve the City of Rexburg Bills Council President Busby moved to approve the Consent Calendar containing the minutes and city bills; Council Member Flora 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 8:04 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy Clerk