HomeMy WebLinkAboutCouncil Minutes - June 1, 2022
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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. Work Meeting – Finance Fiscal Year 2023 Budget Meeting Set tentative Fiscal Year 2023
Budget for July 6th, 2022 Public Hearing – Matt Nielson
Chief Financial Officer Neilson reviewed the highlights of the fiscal year 2023 budget. The total budget
is $84,401,500. The operating budget of $34,012,00 is up $805,500 from the current 2022
personnel/operations forecast as of May 31, 2022 and July 6, 2022 will be the date for the public hearing on
the fiscal year 2023 budget. He will review the utility rate increases, and fiscal year 2022 budget amendment
on that date too and public hearings date will need to be set for August 3, 2022.
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
June 1, 2022
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Council Member Flora moved to approve the Tentative Fiscal Year 2023 Budget and set the
Public Hearing for July 6th, 2022 at 7:00 P.M.; Council President Busby seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Flora
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
6:30 P.M. City Hall (video index 1:38:48)
Council Member Johnson said the prayer
Council Member Erickson led the pledge
Roll Call of Council Members:
Attending: Council Member Johnson, Council Member Chambers (via zoom), Council Member
Erickson, Council President Busby, and Mayor Merrill.
Council Member Flora asked to be excused.
Appointment of New Police Chief (1:41:34) – Mayor Merrill
Mayor Merrill said the upcoming retirement of Police Chief Shane Turman; a new police chief will need to
be appointed. He recommended Joshua Rhodes to serve as the new police chief for the City of Rexburg’s
Police Department.
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Council President Busby moved to approve the Appointment of Joshua Rhodes as the Police
Chief for the City of Rexburg Police Department; Council Member Walker seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Joshua Rhodes said it is a great honor to be a part of a great Police Department. There are Police Officers
willing to give their all. His goal is to continue to manage the department in a way that keeps things moving
and working great. He has a great support system with the department and is confident in their ability to
assist him to keep things moving forward. There is a lot of change in the world and community the police
officers will adapt to best represent the city and serve the residents. Mayor Merrill thanked Assistant Police
Chief Hagan, Lieutenants and Officers for all they do for the community. The swearing in of Mr. Rhodes
will take place later this month.
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.
Staff Reports: (1:45:47)
A. Finance: - Matt Nielson
1. Set tentative Fiscal Year 2023 Budget for July 6th, 2022 Public Hearing
Finance Officer Nielson thanked the Councilmembers for attending the work meeting earlier this evening.
A side from publishing the tentative Fiscal Year 2023 Budget, there is a Public Works Budget Adjustment
needing to be considered. The Street/Sanitation Departments requested a shared position be hired sooner
and not wait until Fiscal Year 2023 to hire a new employee due to a shortage of personnel.
Council Member Johnson moved to approve the Budget Adjustment of an additional
Street/Sanitation position; Council Member Erickson seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
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B. Public Works: (1:47:00)- Keith Davidson
1. Budget Adjustment and approval of additional Sanitation/Street position
Public Works Director Davidson reported the City of Rexburg was able to piggyback on a bid for seal
coating with the city of Sugar City. Sometimes Sugar City will piggyback with the City of Rexburg as well for
seal coating projects. There is $200,000 in the budget for seal coating. The company American Pavement
Preservation will be completing the seal coating on several streets and the cost will be about $186,000.
Mayor’s Report: (1:49:46)
Mayor Merrill reported him and Mrs. Wheeler’s 5th grade students from the Madison Middle School met at
the Teton River to have signs installed near the river. The purpose of the signs is to share scientific
information, encourage others to keep the Teton River clean, and help the community understand the
interconnected habitat. The podcasts created by students during the Teton River Impact Project will be a
great resource for everyone. The students collaborated with Kofi Eshuan, a student at BYUI, to help create
an app called The Teton River Explorer. This app will be similar to a scavenger hunt. Community
members will scan a QR code on signs posted along the river linking them to their podcasts. When a citizen
completes all nine podcasts, they will award them an explorer certificate along with a special prize! That
prize is a private link to a music video, the students created, along with singer/songwriter Samuel Beck.
Mayor Merrill mentioned the Dahlia’s Hope Organization; their mission is to provide aftercare
for survivors of sex trafficking. They invite all to join the City of Rexburg, BeUtofullness Way by
Tami's Salon, inUpowers and Dahlia's Hope in their fight to help provide after care programs to
survivors of sex trafficking. A Color Run at Smith Park starting at 8:30 A.M. followed by a Chalk
Art Festival, art, vendors, and performances at Porter Park from 9: A.M. - 7 P.M. on June 25th
sign up at colorofhopefest.com
Mayor Merrill also mentioned the Rexburg’s Child Safety Day Family Event at Porter Park on
Friday, July 22 starting at 10:00 A.M. Come enjoy this family friendly event to promote child safety
and community involvement. In addition to the open merry-go-round, community outreach, and
some fun free games for the kids, our local certified volunteers will be providing car seat
inspections and helping to educate parents on car seat safety.
Mayor Merrill reported the city is hosting the Idaho Centennial Carousel 2022 Kickoff Event on
June 3, from 4:00 P.M. – 8:00 P.M. at Porter Park. The Teton Dam Marathon is taking Place on
Saturday, June 4. The Yellowstone Cup Soccer Tournament is on June 9 – Saturday, June 11 and
the Madison Baseball Invitational is the following weekend. Council Member Walker said he
stopped by the Nature Park and noticed many kids playing on the new playground equipment.
Public Hearing 7:00 P.M. (1:53:36) – Hearing for Community Development Block Grant
(CDBG) Status of Funded Nature Park Project – Rick Miller ECIPDA
Mr. Miller explained a Public Hearing is required of the Community Development Block Grant
(CDBG) when applying for the grant. A public hearing is also required when awarded the grant.
The purpose of this public hearing is to provide information on the progress of the grant received
from the State of Idaho. The amount of funds granted by the ICDBG was $225,000.
Mr. Miller gave a general description of the status of the funded project, which included the
installation of a prefabricated restroom, located adjacent to a new parking lot. The parking lot
contains ADA parking and allows ADA accessibility to the park’s skate park, fishing ponds, and
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other amenities. The remaining work, to date, includes the restroom’s plumbing and electrical
connections, and a sidewalk between the parking lot and restroom. He said the plan is to complete
the project on August 1.
Mr. Miller said the total amount of ICBDG, city in-kind, and city cash spent on the project to
date is $281,201. The City of Rexburg received the grant due to the low and moderate-income
base. The City of Rexburg and all residents will benefit from the project. The funds from ICDBG
come from the Housing and Urban Development (HUD) funds.
Mayor Merrill opened the public hearing to hear testimony for the proposed Community Development
Block Grant (CDBG) Status of Funded Nature Park Project.
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
Mayor Merrill closed the public hearing
Council Member Walker moved to approve the Community Development Block Grant
(CDBG) Status of Funded Nature Park Project; Council Member Johnson seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Public Hearing 7:00 P.M. (1:58:51)– Annex 1174 N Yellowstone Hwy into the City of Rexburg
and rezone the property from Community Business Center (CBC) to Medium Density Residential
1 (MDR1) zone #22-00182. Rezone is contingent on Madison County Commissioners approving
the Comprehensive Plan Map from Commercial/Mixed Use to LDDR1-MDR1 at their
Commissioner’s meeting on June 13, 2022. Designated as Ordinance No 1282 if motion passes
– Kyle Baldwin
Planning and Zoning Planner Baldwin reviewed a map of the proposed annexation and rezone property.
The size of the property is four acres. The Medium Density Residential 1 Zone will allow for 16 units an
acre with a maximum building height of 40 feet. The Light Industry Zone surrounds the property to the
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east, Community Business Center to the north and south of the property. There is medium density to the
south as well.
Mayor Merrill opened the public hearing to hear testimony for the proposed annexation and rezone.
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
Mayor Merrill closed the public hearing
Council Member Johnson said she is in favor of the annexation and rezone. The requested zone fits with
the surrounding zones.
Council Member Johnson moved to approve Ordinance No 1282 to Annex 1174 N
Yellowstone Hwy into the City of Rexburg and rezone the property from Community Business
Center (CBC) to Medium Density Residential 1 (MDR1) zone #22-00182. Rezone is contingent
on Madison County Commissioners approving the Comprehensive Plan Map from
Commercial/Mixed Use to LDDR1-MDR1 at their Commissioner’s meeting on June 13, 2022;
Council Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Item for Consideration: (2:01:52)
A. Planning & Zoning recommends approval of the University View Condominium Plat at 649 S
2nd W, Rexburg, ID #22-00142 – Alan Parkinson
Planning and Zoning Planner Kyle Baldwin said the requirements set forth by the code have been met.
Council President Busby stated the condominiums cannot be rented as short-term rentals. Council Member
Erickson said he has concerns regarding changing these apartments into condominiums. The Pedestrian
Emphasis District (PED) was used to meet the parking requirements. He is concerned with possible parking
issues with most residents having two vehicles and only one parking stall to park in, causing an overflow of
street parking.
Council Member Erickson asked who is going to ensure the condominiums will not be used as short-term
rentals. Planning and Zoning Planner Baldwin said the PED allowed for a reduction in parking; however,
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there are conditions that need to be met. City Attorney Zollinger said the city has software that tracts short-
term rentals operating in the city. When a short-term rental is operating without being registered, the
software notifies the city clerk’s office. He said if the property owner does not register the short-term rental
after being notified of being non-compliant. The city’s Compliance Officer will meet with the property
owner to inform them of the penalties of being non-compliant.
City Attorney Zollinger said if additional parking is built the short-term rental restriction would be
removed. Council Member Erickson said the parking issues will be carried on to the new property owners.
Planning and Zoning Planner Baldwin said the PED and other parking requirements are being addressed in
the city’s Development Code.
Council Member Johnson explained city residents have contacted her inquiring the reasons why City
Council is allowing the real estate near campus to change. At the City Council Work meeting, City Attorney
Zollinger had explained as Councilmembers they could not discriminate based on who is occupying the
rental. The city does not have a single student-housing zone in the city; however, the parking issues can be
addressed.
Council President Busby moved to approve University View Condominium Plat at 649 S 2nd W,
with the condition more enforcement be applied to not allow short-term rentals; Council Member
Walker seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
B. (2:09:22) Planning & Zoning recommendation to approve a rezone at approximately 302 W 3rd
N from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) zone
#22-00092. Designated as Ordinance No 1283 if motion passes – Alan Parkinson
Planning and Zoning Planner Baldwin rreviewed a map of the property. The north boundary of the
property is a canal. The lot lines were reconfigured to align with the canal. To the north of the property,
there is Heavy Industrial and Low Density Residential Zones to the south of the property. There is Medium
Density Residential to the East of the property.
Council Member Erickson asked about a barrier along the canal to keep children away from the canal.
Planning and Zoning Planner Baldwin said the developer will need to honor the ditch easement. City
Attorney Zollinger said installing a barrier along the canal can be required when a site plan is submitted for
approval by the developer.
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Council Member Erickson moved to approve Ordinance No 1283 the Rezone at
approximately 302 W 3rd N from Low Density Residential 2 (LDR2) to Medium Density
Residential 2 (MDR2) Zone; Council President Busby seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
C. (2:13:22)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 2022 – 14 if motion passes - Deborah Lovejoy
Council President Busby moved to approve Resolution 2022-14 destruction of Building Plan
hard copies that have been archived digitally in the City's designated records archive; Council
Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Calendared Bills: (2:14:05)
A. Second Reading: Those items which have been first read:
1. Ordinance No 1281 Rezone Handcart Ln from Mixed Use (MU) to High Density
Residential 1 (HDR1) #22-00193 – Alan Parkinson
ORDINANCE NO. 1281
Rezone Handcart Ln from Mixed Use (MU) to High Density Residential 1 (HDR1)
AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF
THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE
ZONED DESIGNATION OF THAT CERTAIN PROPERTY
HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON
COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED;
AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
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Council Member Johnson moved to approve Ordinance No 1281 Rezone Handcart Ln from
Mixed Use (MU) to High Density Residential 1 (HDR1) and consider second read; Council
Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
B. Third Reading: Those items which have been second read: NONE
Mayor’s Business: (2:15:56)Minutes of Mid-Day Meeting Held May 18, 2022 - approve minutes
Mayor Merrill said a Mid-Day Meeting Held May 18, 2022 to Enter into Executive Session per Idaho
State Statute 74-206 (1)(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;
City Attorney Zollinger asked the Councilmembers if they understood the reason why the mid-day
meeting needed to be ratified and reset.
Council President Busby moved to approve the City Council Mid-Day Meeting Held May 18,
2022 meeting minutes; Council Member Erickson seconded the motion; Mayor Merrill asked for a
vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Mayor Merrill said there has been complaints about dog owners not cleaning up their pet’s feces at city
parks. Police Officers and Animal Control Officers are authorized to issue citation to dog owner that are
violating the city’s ordinance that requires the pet owner to clean up their pet’s feces. The city’s Parks
Director has asked for authorization to allow the Parks Department Employees to issue tickets to the pet
owners violating the city’s ordinance.
City Attorney Zollinger said currently, the tickets issued by an Animal Control Officer are criminal
infractions and they will need to convert them to civil citations that would allow anyone the City Council
designates to write a citation. An appeals board will be formed to hear testimony of a resident who may feel
the citation was improperly written.
Discussion regarding animal feces in the city parks. Council Member Johnson asked if the employees are
willing to write citations. Mayor Merrill said the Parks Director has requested they be allowed to write
citations. City Attorney Zollinger said this is not an intended new responsibility for Park Department
employees; it is the opportunity to give them the authority to write citation to pet owners not taking the
responsibility to clean up their pet’s waste.
Council Member Erickson said there is documentation of warnings given to the same pet owners already.
He asked the Parks Employees to work closely with the Animal Control Officers. Council Member Walker
asked if this policy would also include the Dog Park. City Attorney Zollinger said yes, the policy would
include the dog park. There are signs already at the dog park.
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Mayor Merrill mentioned the Special needs luncheon from noon to two o’clock at Porter Park. There is an
Idaho Counties Risk Management Program (ICRMP) supervisor training on June 15th and 16th.
Discussion regarding the Fourth of July Parade and the deck completion at the Teton Lakes Golf Course.
Consent Calendar: (2:33:02) 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 May 18th, 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 Chambers seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson None
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Adjournment 7:35 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, Deputy Clerk