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HomeMy WebLinkAboutCouncil Minutes - July 5, 2023 1 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org City Council Minutes – July 5, 2023 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 (0:01:08) Council Member Chambers said the prayer Council Member Walker led the pledge Roll Call of Council Members : Attending: Council Member Flora via phone, Council Member Johnson, Council Member Chambers, Council Member Erickson, Council Member Walker, Council President Busby and Mayor Merrill Presentation and Q&A: Open Primaries Ballot Initiative – Hyrum Erickson, Rigby Andrus & Rigby Law, PLLC Mr. Erickson handed out a binder with information regarding the Open Primaries Ballot Initiative. He is in favor of the primary initiative because the results of an election should reflect the view of the electorate. The election should not be the result of mathematical accidents or vote splitting. He also believe s that the election systems created should not incentivize extreme or harmful behavior. The primary purpose of our election systems should be the long-term health of our republic. A person should be elected if that district desires that person to be elected and not just one individual. It’s not about getting such persons elected, it’s about whether the election results are consistent with the policy preferences of the electors. Mr. Erickson said states like Idaho and New York have closed primary systems; therefore, the election results are skewed to the right in Idaho and to the left in New York. It’s the result of having closed primaries in non-competitive districts. This initiative can solve that problem by doing two things, the first is by creating the four top open primary that means every candidate is listed on the ballot regardless of their political party. The top four vote getters regardless of their political party move on to the general election. If an open primary was an option in Idaho, then on the ballot there could be two republicans, one democrat, a constitutionalist or three republicans and one democrat. Mr. Erickson continued to explain in the general election you have what is called an instant run off or sometimes called rank choice voting. The four candidate’s names would appear on the ballot and the voter would choose their top pick first, the voter would then choose their second-choice candidate, followed by their third- choice candidate. Council President Busby asked what happens to the ballot when the voter doesn’t mark their second or third choice candidate. Is that ballot thrown out? Mr. Erickson said with an instant run-off election the candidates need at least 50% of the votes or their name is removed from the ballot, the voting process is continued until there is only one candidate; however, that process would cost a lot of money and take too long. That is the reason why the voter would indicate their first, second and third candidate choice on the ballot; however, if the voter does not indicate their second and third options their vote does not get thrown out. Mr. Erickson said there are benefits to a run-off election. One of the benefits is that it strongly disincentives extreme or toxic behavior. The candidates are less likely to behave in an extreme or toxic manner. A run-off election also removes the danger of vote splitting; for example, with the four-candidate primary with three republicans and one democrat, clearly that would favor the democrat because the republican vote woul d be split in three ways. A rank choice would remove that problem because to win the candidate must have 50% plus one of the votes. The state of Alaska is currently using an open primary election. He reviewed a sample ballot from the 2022 primary election from Alaska and the official results of that election. One of the primary arguments of an instant run-off election is that it is too confusing. Council Member Johnson asked what happens with the votes of the candidate that was eliminated. Are those votes transferred to a different candidate? Mr. Erickson said when a candidate is eliminated, then everyone who identified them as their first choice, their vote transfers to whoever they identified as their second choice. Presentation: Fiscal year 2022 Audit Report – Josh Bingham, Rudd & Company; Approval of Fiscal Year 2022 Audit Report – Matt Nielson (0:29:59) Mr. Bingham said he is with Rudd & Company, an accounting firm in Rexburg. They have conducted the city’s audit for many years. He met with several Councilmembers last week to review the audit report in detail. The staff in the Finance Department have a high understanding of the complexity of the city’s budget. The controls and 2 procedures the Councilmembers have implemented are being followed by city staff. The financial statements are either unmodified or qualified. The city is in a financially healthy position. The first 15 pages of the audit report are called the management’s discussion and analysis that explain the city’s financial activities for the fiscal year. Public Comment: Limit 3 minutes; issues may be considered for discussion on a future agenda. Please keep comments on point and respectful. Kelly McKamey said a month ago he presented a petition with about 300 signatures asking the city attorney to draft an ordinance about protecting children from grooming and indoctrination of queering through the drag queen movement and LGBTQ agenda. He asked for an update of the proposed ordinance. Mayor Merrill said he and Councilmembers met to discuss the proposed ordinance. City Attorney Zollinger explained the city’s Legal Department conducted some research and reviewed the items on the agenda for the next legislative session and they looked at how the surrounding states are handling the Pride Ev ents. The city’s Legal Department recommended the city continue to use the existing statutory language and enforce the law in a way that protects against any type of predatory behavior. Mr. McKamey expressed his concerns with the city not having an ordinance to protect children from grooming and indoctrination of queering through the drag queen movement and LGBTQ agenda. Mayor Merrill said the recommendation was to stay within the state statute to not cross the lines of discrimination against such groups. Mayor Merrill mentioned the city of St. George, Utah is being sued by the Southern Drag Stars Group for discrimination because the Councilmembers denied their gathering permit. Ron Nate said he is here tonight to support Mr. McKamey and expressed his disappointment that an ordinance has not been drafted. He said the city of St. George is being sued because they did not have an ordinance in place. They were trying to withhold a permit without having an ordinance. During his time as a legislator, he has heard local government leaders say they want local control to make decisions for their community; however, in Rexburg the local government leaders are saying we don’t want the local control of this because it is too touchy for us. He urged the Councilmembers to stand up for America’s Family Community and support America’s family values. Mr. Nate said rank choice voting is a dangerous concept. It does not ensure that the winner obtains the majority vote and inserts strategic voting instead of voting for your preference. The rank choice voting does not reflect the will of the elector. Maria Nate said the Idaho Legislator passed a law last session prohibiting rank choice voting from happening in Idaho. It’s confusing to the voters and diminishes voter confidence and not every vote counts. In Alaska nearly 15,000 votes were tossed out before a democrat was named the winner. She said with rank choice voting, it takes weeks to count the votes. Doug Norton said he is attending tonight’s meeting to support Mr. McKamey regarding the ordinance they would like to see pass by the city. He desires the protection of the children in our community when they are at public facilities. He would like the local leaders of this community to protect the children of this community and not leave it up to state legislators. We as a community need to watch out for our own community members and call out evil when it is being perpetrated on us . Paula Hope said she watched the movie the Sound of Freedom and encouraged everyone to watch the movie. The movie gives you a firsthand look at what happens when children are neglected, used as pawns, and used as sex slaves by pedophiles in this country. She said we cannot sit back and allow people to groom our children. They mentioned in the movie that the abduction of children has risen by 5,000% in the last five years. In America’s family friendly community, we need to protect our children by having ordinances in place and enforcing such ordinances. Everyone has differences on what they consider obscene; however, most of us know what obscene is and when we see it, we should make sure we are not allowing or promoting these kinds of activities in our city. David George said if pride events are a growing problem the Councilmembers could pass an ordinance that could correct some of the issues happening at pride events. The Councilmembers can protect the innocence of children from people handing out sex kits at city parks. He is concerned about his children being raised in an environment where they are subject to predatory influences. If the city can prevent those types of influences by passing an ordinance, then the Councilmembers should at least try to pass that preventative law in the city. Alisha Bensen mentioned she watched an interview featuring Tim Ballard where he basically said that the transgenderism that happens in the gay pride community towards children is sexual grooming. She attended the Idaho Falls Pride Event and wondered when local leaders are going to stop the sexual grooming of children from happening at these events. There were sex stores allowed to have a booth at the event to sell teddy bears with bondage attire on them and condoms were being handed out to six-year-olds both instances characterize the sexual grooming of children. If the city does not take a stand as a city, then other things will happen like the drag queen parade in New York City where they were chanting, “We are coming for your children.” She asked when the local leaders are going to say no to pride events in Rexburg because allowing children to attend these events is sexual grooming. The children with parents in the LGBTQ community are highly sexually targeted because of the severance of the family unit. These children are also easily sexually trafficked, sextortion, and easily taken advantage of because of the idea of getting rid of the nuclear family. Alicia Sampson stated it is fair to assume the Mayor, Councilmembers and everyone in the room are not for the sexual grooming of children. She said she travels to other cities and states for her work and has been exposed to an array of different people, cultures, beliefs, and viewpoints. She works with people from many different backgrounds including the LGBTQ Community. Ms. Sampson said other communities are aware of Rexburg’s 3 unique community values, putting Rexburg in a bull’s eye view to set an example for an ordinance that protects children. There are organizations not in favor of preserving the city’s family values and desire to cause disruptions in our community. She asked the Councilmembers to keep these points in mind when passing an ordinance. Brian Kennedy expressed his concerns with the concrete warranty work on LID 51 last year. The residents that participated in LID 51 were informed by city staff that they would be contacted regarding the concrete work completed on their sidewalks and driveways. The concrete work has been cracking and spalling. The residents have not been contacted by city staff nor have they been given information regarding the concrete warranty process. The Councilmembers approved the Local Improvement District (LID) and put the responsibility of funding the work on the sidewalks, curb, and gutter on the residents. He is requesting action and follow-through from city staff regarding the concrete warranty work. Public Works Director Davidson said Edstrom Construction is the company that completed the concrete work on LID 51 and they will inspect the work they completed in the middle of July. Staff Reports: (1:04:47) A. Public Works: – Keith Davidson 1. Approval of contract for Wastewater Headworks Project with Aqua Engineering Public Works Director Davidson reviewed the contract with Aqua Engineering for the design and construction support services for the Wastewater Treatment Plant Headworks upgrade in the amount of $690,535. Council Member Chambers asked if the city is fully funding this project. Public Works Director Davidson said the city was awarded a Community Development Block Grant (CDBG) in the amount of $500,000 to help fund this project. Council Member Chambers moved to approve the Contract for Professional Engineering Services from Aqua Engineering in the amount of $690,535; 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. Surplus from Wastewater Department: 8 – 9 HP Landia Mixers out of ditches, 1995 Spreader Truck, 1 Chevrolet ¾ Ton 8’ Pickup Bed off Vehicle #35 -22 Public Works Director Davidson reviewed the list of items he is recommending to surplus. Council President Busby moved to approve to Surplus the Items listed and instructed city staff to sale the items that can be sold as scrap metal; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried Council President Busby mentioned the area of road in front of the McDonald’s on University Boulevard that puddles water. The puddled water is causing constant damage to the road. B. Finance: – Matt Nielson (1:16:51) 1. Review Fiscal Year 2023 Final Budget Adjustments and set public hearing for August 2, 2023 Department Finance Officer Nielson said he will review the final budget adjustments for Fiscal Year 2023. He started with the Cultural Arts Department budget adjustment. Discussion regarding the arts program subsidies and cost efficiencies. The job codes for part-time wages have been implemented to keep better track of the time each employee works at a particular event. The purpose of tracking each employee’s work time is to get a better idea of 4 the actual costs of the programs. Finance Officer Nielson said the Mayor has asked Cultural Arts Director Platt to put a plan together on how to cut down on some of the subsidies. Discussion regarding the heating/AC upgrade budget item. Finance Officer Nielson explained there are issues on the upper section of the HVAC system. Council President Busby expressed his concern with the amount of funds already spent on the HVAC system for it not to be working properly. He wondered if the contractor should have been held accountable for the system not working properly. Mayor Merrill said the HVAC system was working correctly; however, it started to not move air throughout the entire building like it was designed to do so , otherwise they would have held back some of the contractors’ pay. Discussion regarding the budget for Cultural Arts and how the department can stay within their budgeted amount. Finance Officer Nielson explained there are several cultural arts programs that use the buildings at no cost . Cultural Arts Director Platt is going to start tracking the hours these programs use the buildings to get a better idea of how much these programs are costing the city. Mayor Merrill explained that as a city a decision needs to be made as to how much they desire to subsidize the arts programs. Council President Busby said there might be programs that are costing the city a lot of money with very few people attending. Council Member Erickson said the city departments need to stay within their budget and not go over budget. Finance Officer Nielson reviewed the Urban Renewal/City North Interchange Construction budget adjustment. They will not be working on these projects until Fiscal Year 2024, so he took them out of the 2023 budget. Finance Officer Nielson reviewed the Small Police Grants and Wastewater Operations budget adjustments. 5 Council President Busby moved to approve the Cultural Arts, North Interchange Construction, Small Police Grants, and Wastewater Operations Budget Adjustments as discussed ; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried Finance Officer Nielson reviewed the list of budget amendments to the 2023 fiscal year budget. He recommended a public hearing be held on August 2nd, 2023, at 6:30 p.m. Council Member Johnson moved to approve to set a Public Hearing on August 2nd, 2023, at 6:30 P.M. for consideration of an amendment to the 2023 fiscal year budget; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried 2. Review proposed Utility Rates for Fiscal Year 2024 and set public hearing for August 2, 2023 Finance Officer Nielson reviewed the wastewater rate calculations. He said city staff is recommending a 7.69% increase in the Sugar City and Teton City sewer treatment fee. On the Rexburg side they are recommending an increase in the volume fees for treatment and no increase in the base fees. He mentioned part of the reason they were able to keep the rates down on the Rexburg side was because of the large increases in interest revenue and the sale of a large piece of equipment. 6 Finance Officer Nielson reviewed the water rate calculations. There are substantial increases in the water rate. Finance Officer Nielson reviewed the sanitation rate calculation. There is an increase of about 4.4%. 7 Finance Officer Nielson reviewed the proposed new monthly costs for utilities. Council Member Walker moved to approve to set a Public Hearing for the consideration of proposed fee increase/decreases on August 2nd, 2023; 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 Public Hearing 6:30 P.M.: Approve Resolution 2023 – 09 To Utilize and include in the Fiscal Year 2024 Budget a Portion of Foregone Tax – Matt Nielson (1:42:08) Finance Officer Nielson explained the city has about $158,000 in forgone property taxes. He recommended bringing forward $65,703 permanently to the budget meaning to add the funds in perpetuity to cover additional personnel costs in public safety. Mayor Merrill opened the public hearing. Public Testimony in favor of the proposal (5-minute limit): Public Testimony neutral to the proposal (5-minute limit): Public Testimony opposed to the proposal (5-minute limit): Mayor Merrill closed the public hearing. Council President Busby moved to approve Resolution 2023 – 09 To Utilize and include in the Fiscal Year 2024 Budget a Portion of Foregone Tax; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried 8 Public Hearing 6:30 P.M.: Adopt Ordinance No 1300 Fiscal Year 2024 Budget Appropriation – Matt Nielson Finance Officer Nielson reviewed Ordinance No. 1300 Fiscal Year 2024 Budget Appropriation. ORDINANCE NO. 1300 FISCAL YEAR 2024 BUDGET APPROPRIATION AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 2023, TO SEPTEMBER 30, 2024, AND APPROPRIATING TO THE SEVERAL DEPARTMENTS, OFFICES AND FUNDS OF THE SAID CITY GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE NECESSARY OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL TO DEFRAY THE EXPENSES AND LIABILITIES OF SAID CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2024; AND PROVIDING FOR THE EFFECTIVE DATE OF ORDINANCE 9 Mayor Merrill opened the public hearing. Public Testimony in favor of the proposal (5-minute limit): Public Testimony neutral to the proposal (5-minute limit): Public Testimony opposed to the proposal (5-minute limit): Mayor Merrill closed the public hearing. Council Member Chambers moved to approve Ordinance No 1300 Fiscal Year 2024 Budget Appropriation and consider first read; Discussion: Council Member Erickson said before the additional funds are transferred to pay for the sewer and water rate study, he would prefer city staff collect more input on whether a full study or only a portion of the study needs to be completed. Finance Officer Nielson said he was informed by the city engineers that the cost of the study is in line with the determining user maintenance fees, operations, and capacity fees; 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 Mayor’s Business: (1:49:29) Mayor Merrill reported a representative of the Madison Health Hospital informed the city; they would like to donate a new sign for the end of Main Street. Mayor Merrill asked the Councilmembers for their input regarding the Fourth of July Parade. Council Member Walker mentioned the parade moved too quickly. Council President Busby said the placement of the City Council Members was too far back, he believes they should be closer to the front of the parade. There were people on the floats squirting water at the attendees that was upsetting to some of the attendees. Council Member Erickson said he heard many parade attendees express how pleased they were with the parade. 10 Discussion regarding the date and time of when parade attendees can set up their chairs or save their spot to watch the parade. Mayor Merrill suggested a policy be set to allow the parade attendees to set up there chairs or other belongings at 6:00 P.M. the night before the Fourth of July parade. Items for Consideration: NONE Calendared Bills: A. Tabled Items: 1. Adopt the updated 2022 Madison County Transportation Plan. Work Meeting to review plan was scheduled for June 14, 2023, at 5:00 p.m. in the Council Chambers. Second Reading: Those items which have been first read: NONE 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. (2:00:36) A. Minutes from June 14, 2023 Meetings B. Approve the City of Rexburg Bills Council President Busby moved to approve the Consent Calendar containing the minutes and city bills; 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 Roll call vote for motion to move into Executive Session according to Idaho State Statute §74-206(1)(f) To communicate with legal counsel for the public agency to discuss the le gal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Council President Busby moved to go into executive session per Idaho State Statute §74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated ; Council Member Walker seconded the motion; Mayor Merrill ask for a roll call 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 Executive Session started at 8:33 pm Executive Session ended at 9:45 pm Adjournment 9:46 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk