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HomeMy WebLinkAboutCouncil Minutes - August 2, 2023 1 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org City Council Minutes – August 2, 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 (0:00:06) Council Member Erickson said the prayer Council Member Johnson 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 Amend the Agenda as per Idaho State Statute §74-204(4)(b): Amendment to include addition of Item 13 Executive Session Council Member Busby moved to amend the agenda as per Idaho State Statute §74-204(4)(b): Amendment to include addition of Item 13 Executive Session; Council Member Flora 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 Welcome New Employees: Hannah Nielson – GIS; Nikki Lamoreaux – Fire Dept; Jeffery Leavitt – Fire Dept; Kathryn Gardner – HR; Paul Kent – Streets; Devyn Walker – Streets (0:03:32) Hannah Nielson said she recently graduated from BYU- Idaho in geo spacing computer science with an emphasis in geology and was hired in the city’s GIS Department. She enjoys learning about the earth. She said she grew up in Moscow, Idaho. She introduced her husband Tylor Chatterley; he is currently a student at BYU-Idaho and is studying manufacturing engineering. Nikki Lamoreaux said she grew up in Raymond Alberta Canada. She graduated from BYU-Idaho and was a high school math teacher for the last thirteen years. She decided to make a career change and started working for the Fire Department. She enjoys working with everyone in her department. She is the Professional Development Coordinator. She oversees anything having to do with education such as employee training and credentialing, classes taught to the community or high school students. She introduced her husband Joe who is originally from Orem, Utah. Jeffery Leavitt introduced his wife Hannah and their daughter Payton. He has been working with the Fire Department for the last two months. He and his family have moved back to Rexburg from Saint George, Utah. He is originally from Denver, Colorado and his wife is from St. Anthony, Idaho. Kathryn Gardner said she started working for the city at the beginning of last year; however, she was part-time. She is excited to be working full-time in the city. She introduced her husband, Ryan. Paul Kent said he is excited to be working for the city’s Street Department because he has worked for contractors over the last 12 years. He and his wife Rochelle were born and raised in Idaho. Mayor Merrill mentioned Mr. Kent volunteered at the Mobile Food Pantry for several years. 2 Devyn Walker said he works for the city’s Street Department. His father-in-law is Gordon Maybe, who recently retired from the Rexburg Police Department. His father works for the Madison County Sheriff’s office. He was born and raised in Rexburg. He introduced his wife Brandy and son Vincent. Public Comment: Limit 3 minutes; issues may be considered for discussion on a future agenda. Please keep comments on point and respectful. Steve Oakey stated he cherishes the ability to speak freely and thanked the Councilmembers for the opportunity to comment. In 1977 the Jewish civil rights attorney David Goldberg took on the very difficult task of representing a disagreeable client, Frank Collin, the leader of the Chicago-based National Socialist Party of America (NSPA) a neo-Nazi leader. Mr. Collin insisted on his constitutional right to speak and march in any United States city of his choosing. The city he chose to demonstrate in was Skokie, Illinois. The city of Skokie at the time was 40 percent Jewish and there was a significant percentage that were Holocaust survivors. As can be imagined this created a fire storm of public outrage and was followed by every legal attempt to have the city of Skokie prohibit Mr. Collins and his group of neo-Nazis to gather. Those legal attempts included passing three ordinances that in another context could have been used to stifle civil right activists from gathering in southern cities. Mr. Goldberg took the case to the Supreme Court in a landmark case defending the single most important of our constitution amendments, the right to assemble in public spaces and speak no matter how offensive the speech. Mr. Oakey said the relevance of this 46-year-old case should be obvious to us all. Here in the year 2023 throughout this country the first amendment continues to be tested. On June 7th of 2023 and in the July 5th City Council meeting a group of concerned citizens passionately insisted that the City of Rexburg implement some ordinance of prior restraint on groups they deem offen sive and damaging to children. As he listened to the legitimate fears and concerns expressed in the public comments , he became aware that the primary and fundamental issue the City of Rexburg had to confront was being lost in the sea of other deeply held personal concerns. Among those concerns, the infiltration of communism, the writings of Michel Foucault, what the god of Torah commands to do with gay people, and who is responsible of raising our children. What is or is not protected speech, the quotes of Tim Ballard and even the invitation to a yet to be opened skateboard business. These are all serious and interesting topics worth of discussing at another time and place. Mr. Oakey said what happened at the Pride Day Event is what happened at the Pride Day Event. A peaceable public celebration with an open invitation was held in a public place. Those who found value in the event attended the event voluntarily without coercion and with or without their children. Those that found the event offensive and degrading chose to peaceably protest the event or stay away from the event with or without their children. He believes the elected officials and city staff, despite what their personal feelings may be, defended the single most important sacred and enumerated constitutional right. The City of Rexburg did the right thing. Elizabeth Herrington said she is here tonight to convince the Councilmembers to start an ADA Committee or Advisory Board. She wants to ensure that Rexburg is following the Americans with Disabilities Act (ADA). The committee could also listen to complaints from the public regarding issues with service dogs, mobility, sign language interpreters, etc. and bring these issues to the Councilmembers’ knowledge. She desired to attend the Special Needs Luncheon the Rexburg Police Department hosted at the Senior Citizen Center. She called the Senior Center prior to the event and asked for a sign language interpreter and was informed they did not have an interpreter. She was not able to attend the event because she is deaf and needed a sign interpreter. It is important for agencies to have a list of sign interpreters. There have been questions regarding service dogs, these dogs are trained to do specific tasks for people with disabilities. The service dogs do not need to be certified or wear a vest. She urged the Councilmembers to form an ADA Committee. Mayor Merrill asked Ms. Herrington if she would be willing to serve on the ADA Committee. Ms. Herrington replied she served on an ADA Committee in Alaska and would serve on an ADA Committee in Rexburg. Mayor Merrill asked the Councilmembers to submit names of individuals they believe would be knowledgeable in ADA and be willing to serve on an advisory board. Staff Reports: (0:20:08) A. Public Works: – Keith Davidson 1. Wastewater Sewer Line Repairs Bid Acceptance Public Works Director Davidson reviewed the bids received to repair the wastewater sewer lines. There are eight sewer lines that need to be repaired. He said once a year the Wastewater Department inspects the sewer lines using a camera to look for damage on these lines. When the department crew can’t make the repairs on the lines, the repair work is sent out to bid. When a sewer line has issues, they clean out the line more frequently until it is repaired. 3 Council President Busby moved to approve the low bid of $97,209 from Edstrom Construction for the sewer line repairs; 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 2. Resolution 2023 – 11 Construction of Signal at Intersection of 7th South & Center Street Obligation Agreement Public Works Director Davidson explained the city received a grant through Local Highway Technical Assistance Council (LHTAC) for the traffic signal at the intersection of 7 th South & Center Street. He recommended approval of Resolution 2023 – 11 the Construction of Signal at Intersection of 7th South & Center Street Obligation Agreement as part of the process for the city to receive the grant. Council Member Johnson asked for a timeline for the installation of the signal. Public Works Director Davidson explained the approval of the resolution is the beginning process, there are other steps such as design work for the signal which requires hiring an engineering firm. He said he doesn’t anticipate the work on the signal to begin until 2025. The cost of the signal is about one million dollars with a $73,000 match from the city. Council Member Chambers moved to approve Resolution 2023 – 11 the Construction of Signal at Intersection of 7th South & Center Street Obligation Agreement; 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 Member Walker expressed his concerns with a water leak on the north side of Nature Park. He said the water might be coming from a broken sprinkler. Public Works Director Davidson said he will contact Parks Director McInnes to fix the leak. Council Member Johnson asked about the concrete warranty work completed in Local Improvement District 51. Public Works Director Davidson explained he and city engineer Joel Gary will be meeting with a concrete company to review the process of a surface treatment for the concrete. They are going to test the surface treatment on the sidewalk in front of city hall. Discussion regarding the street repairs the city crew is working on and the sections of state highway repairs the Idaho Transportation Department has completed. The roads are smoother to drive on where they have laid the slurry seal. Council President Busby asked about the time frame for the bridge repair on 2nd East. Public Works Director Davidson said the surface repairs on the bridge are going to take about 30 days to complete. B. Finance: – Matt Nielson (0:38:02) 1. Update Rexburg Revolving Loan Guidelines Finance Officer Nielson explained there are two main documents he uses as guidelines for the Revolving Loan Fund. It has been about five years since the city last updated these documents. The fund is managed by Altura. As the policy is currently written, it discourages potential business owners from applying for a loan from the fund because the market rates are so high. They have added an option that allows them to issue a loan under prime rate plus two. The rates were based on the type of purchases for the business such as land, equipment, reconstruction of a building or purchase of building etc. The change would allow them to issue a loan at the prime rate; however, the city Development Director, Finance Officer and Mayor would need to agree to issue the loan. 4 Finance Officer Nielson said another change they made was to the loan terms. All the loan applications go through the loan committee. When a committee recommends approval of a loan it is because all the guidelines have been met. Finance Officer Nielson reviewed the changes made to the Façade Loan Guidelines. The changes are highlighted in red. Council Member Walker moved to approve the Updates to the Rexburg Revolving Loan Guidelines; 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. 5 1. Approval for Park Employee Budget Adjustment Finance Officer Nielson reviewed the park employee budget adjustment. Council Member Flora moved to approve the Park Employee Budget Adjustment; Council Member Erickson seconded the motion; Discussion: Council President Busby said he would recuse from voting on this item; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker The motion carried. Public Hearing 6:30 P.M.: Approve Resolution 2023 – 10 To Adopt a New Utility Rate Schedule for Fiscal Year 2024 – Matt Nielson (0:45:00) Finance Officer Nielson reviewed the new monthly utility rates scheduled for Fiscal Year 2024. The city residents would see the increase in their November utility bill. 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. 6 Council Member Chambers moved to approve Resolution 2023 – 10 to Adopt a New Utility Rate Schedule for Fiscal Year 2024; 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. Public Hearing 6:30 P.M.: Adopt Ordinance No 1301 To Amend Ordinance No 1284 Fiscal Year 2023 Budget Appropriation Ordinance – Matt Nielson Finance Officer Nielson reviewed Ordinance No 1301 to amend Ordinance No 1284 Fiscal Year 2023 Budget Appropriation Ordinance. Ordinance No. 1301 Amend Ordinance 1284 Fiscal Year 2023 Appropriation Ordinance AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, AMENDING ORDINANCE NO. 1284, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023: APPROPRIATING ADDITIONAL MONIES THAT HAVE BEEN OR ARE TO BE RECEIVED BY THE CITY OF REXBURG, IDAHO, AND BUDGET REDUCTIONS IN THE NET SUM OF ($8,106,200) AND PROVIDING AN EFFECTIVE DATE. Be it Ordained by the Mayor and Council of the City of Rexburg, Idaho: SECTION I. That ordinance No. 1284, the appropriation ordinance for the City of Rexburg, Idaho, for the fiscal year commencing October 1, 2022, and ending September 30, 2023, be and the same is hereby amended as follows: SECTION II: This ordinance shall be in full force and effect from and after its passage, approval and publication. Passed by the City Council and approved by the Mayor, the __ day of September 2023. 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. 7 Council Member Erickson moved to approve Ordinance No 1301 to amend Ordinance No 1284 Fiscal Year 2023 Budget Appropriation Ordinance; 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. Mayor’s Business: (0:50:13) 1. Eagle Park fuel reduction project approximately August 7, 2023 Mayor Merrill reported the Madison Fire Department has completed a fuel reduction project at Twin Bridges Park. They were able to clear out fallen trees and tree branches. The Fire Department had applied for a grant of about $120,000 to complete the fuel reduction project. There was about $40,000 left over from that grant so the Fire Department will use those funds to start the fuel reduction project at Eagle Park. They will apply for another grant to complete the project at Eagle Park. Items for Consideration: (0:56:31) A. Planning and Zoning recommendation to not amend the Development Code, Ordinance 1200, as it pertains to Livestock #22-00299 – Alan Parkinson P & Z Administrator Parkinson explained the Planning and Zoning Commissioners recommended that they remove the changes pertaining to animals in the proposed development code ordinance amendment because of reasons discussed in this meeting and previous Planning and Zoning discussions. The Animal Unit and Domestic Livestock are defined as stated below in the proposed development code ordinance. 8 Council Member Flora said there are about 12 different drafts in the Councilmembers packets, so she had difficulty knowing which one was the correct draft. The draft still shows townhomes are permitted in LDR2 Zone and they had requested townhomes to be removed from LDR2. P&Z Administrator Parkinson said he will need to verify the changes requested by the Councilmembers are completed correctly. City Clerk Lovejoy said the changes to the development code have been updated online. The pdf documents in the Councilmembers packets are only drafts. Council Member Flora mentioned she agrees with the change to list chickens in the domestic livestock section of the development code and not in the household pet section. There is a family in the LDR3 zone that has two chickens. She does not foresee that right being taken from the family. She said she understands why a resident would not want their neighbor to have a cow when the space is not conducive to having a cow. The ordinance states if there is adequate space a cow is allowed. Council Member Flora said she asked the city compliance officer if she has had any complaints from residents regarding a neighbor having a cow in the LDR3 zone and the answer was that the city has not received this type of complaint. Council Member Flora said she believes the citizens of Rexburg can govern themselves and should an issue arise with having livestock in an LDR3 zone then they could address that issue at that time. Council Member Erickson explained city staff has worked with the public to come to a resolution to define which animals would be considered household pets and which animals would be considered domestic livestock. He believes this section of the old ordinance was more confusing. He is in favor of the changes to the ordinance. Council Member Johnson pointed out that she listened to the Planning and Zoning meeting, and it was kind of insinuated that the Councilmembers did not listen to the Planning and Zoning Commissioners. She said she takes issue with that insinuation because she listens to all the Planning and Zoning meetings. The Councilmembers decision to make the changes after deliberation was not made in haste. She said as 9 Councilmembers they may disagree with the commissioner’s recommendations; however, that does not mean the Councilmembers did not do their due diligence. Council Member Walker said he agrees with the Planning and Zoning Commissioners recommendation to not amend the Development Code, Ordinance 1200, as it pertains to Livestock. The city’s complaince officer has not had any complaints regarding livestock in the city limits and he wondered why change an ordinance that has been working. Council Member Walker moved to not amend the Development Code, Ordinance 1200, as it pertains to Livestock; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Chambers Council Member Flora Council Member Walker Council Member Erickson Council President Busby Council Member Johnson The motion tied. Mayor Merrill broke the tie vote by voting nay. Council Member Erickson moved to approve Ordinance 1200, as it pertains to Livestock; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora Council Member Chambers Council Member Johnson Council Member Walker Council Member Erickson Council President Busby The motion tied. Mayor Merrill broke the tie vote by voting aye. Calendared Bills: (1:14:01) A. Tabled Items: 1. Adopt the updated 2022 Madison County Transportation Plan. Work Meeting to review plan scheduled for September 6th, 2023, at 5:00 p.m. in the Council Chambers. Discussion regarding scheduling the updated 2022 Madison County Transportation Plan. Work Meeting to review plan scheduled for September 6th, 2023, at 5:00 p.m. 2. Second Reading: Those items which have been first read: NONE 3. Third Reading: Those items which have been second read: Ordinance No 1300 Fiscal Year 2024 Budget Appropriation – Matt Nielson 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 Council President Busby moved to approve Ordinance No 1300 Fiscal Year 2024 Budget Appropriation and consider third read; 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. 10 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. (1:22:50) A. Minutes from June 27th and July 26th, 2023 Meetings 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; 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 legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Council Member Erickson 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 7:55 pm Executive Session ended at 8:32 pm Adjournment 8:33 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk