HomeMy WebLinkAboutCouncil Minutes - August 7, 2024 (208) 359-3020
35 North 1st East
Rexburg, ID 83440
Rexburg.org | Engage.Rexburg.org
City Council Minutes – August 7, 2024
Mayor Jerry Merrill
Council Members:
Bryanna Johnson Eric Erickson
Robert Chambers David Reeser
Colin Erickson Mikel Walker
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. (0:01:40)
Council President Walker said the prayer.
Council Member Johnson led the pledge.
Roll Call of Council Members:
Attending: Council Member Johnson, Council Member Chambers, Council Member C. Erickson, Council E. Erickson, Council Member Reeser, Council President Walker and Mayor Merrill.
Public Comment: Items not on the agenda; limit 3 minutes; issues may be considered for discussion on a future agenda. Please keep comments on point and respectful.
Public Hearing 6:30 P.M.: Presentation of Fiscal Year 2024 Budget Amendments amending Ordinance No 1300 Fiscal Year 2024 Budget Appropriation. Designated as Ordinance No 1319 and considered
first read if motion passes– Matt Nielson (0:02:38)
Finance Officer Nielson reviewed the Fiscal Year 2024 Budget Amendments. The proposed adjustments reduce the budget by $783,300.
Ordinance No. 1319
Amend Ordinance 1300 Fiscal Year 2024 Appropriation Ordinance
AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, AMENDING ORDINANCE NO. 1300, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024: 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 ($783,300) AND PROVIDING AN EFFECTIVE DATE.
Be it Ordained by the Mayor and Council of the City of Rexburg, Idaho:
SECTION I. That ordinance No. 1300, the appropriation ordinance for the
City of Rexburg, Idaho, for the fiscal year commencing October 1, 2023, and ending September 30, 2024, be and the same is hereby amended as follows:
Commissioner Mendenhall asked if the county could do their public hearing at the same time. Mayor Merrill said yes, when they get to the Fee Changes Public Hearing, the county can be
included in that public hearing as the fee changes affect them as well.
Mayor Merrill opened the public hearing.
Public Testimony in favor of the proposal (5-minute limit): None
Public Testimony neutral to the proposal (5-minute limit): None
Public Testimony opposed to the proposal (5-minute limit): None
Mayor Merrill closed the public hearing.
Council President Walker moved to approve Fiscal Year 2024 Budget Amendments amending Ordinance No 1300 Fiscal Year 2024 Budget Appropriation. Designated as Ordinance No 1319 and considered
first read; 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 C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Public Hearing 6:30 P.M.: Presentation of Proposed Fiscal Year 2025 Utility Rate Changes. Designated as Resolution No 2024 - 09 if motion passes – Matt Nielson (0:06:56)
Finance Officer Nielson reviewed the proposed Fiscal Year 2025 Utility Rate Changes.
Resolution to Adopt a New Utility Rate Schedule for Fiscal Year 2025
Resolution 2024 - 09
A resolution of the City of Rexburg, Idaho, adopting a new rate schedule for water, sewer, garbage fees.
WHEREAS, the City Council desires to maintain the overall quality of life experienced by its constituents; and
WHEREAS, the City Council desires to collect from all water, sewer, and garbage users an equitable user fee that reflects their appropriate share of operating costs, depreciation and
debt service.
NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Rexburg, effective October 1, 2024, the water, sewer, and garbage fees to be charged shall be as follows:
New Monthly Cost:
Garbage
90 Gallon Bin Weekly Pickup
$27.00
90 Gallon Bin Every 2nd week Pickup
$18.37
1.5 Yard Bin Weekly Pickup
$51.92
2.0 Yard Bin Weekly Pickup
$63.46
3.0 Yard Bin Weekly Pickup
$86.61
Water
Base Fee for .75” Equivalent & SF 1” Meter
$22.29
(Other Meters to increase proportionately based on factor rating)
Usage Fee per 1,000 Gallons over 6,000
$1.184
Wastewater
Base Fee for .75” Equivalent & SF 1” Meter
$18.36
(Other Meters to increase proportionately based on factor rating)
Usage Fee per 1,000 Gallons
$5.12
Other City Usage Fee per 1,000 Gallon
$3.14
Out of City Limits 30% Surcharge for Water or Sewer update all fees 30%
Mayor Merrill opened the public hearing.
Public Testimony in favor of the proposal (5-minute limit): None
Public Testimony neutral to the proposal (5-minute limit): None
Public Testimony opposed to the proposal (5-minute limit): None
Mayor Merrill closed the public hearing.
Council Member E. Erickson moved to approve Fiscal Year 2025 Utility Rate Changes. Designated as Resolution No 2024 - 09; Council Member C. 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 C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Joint Public Hearing 6:30 P.M.: – Presentation of Proposed Fee Changes. Designated as Resolution No 2024 - 08 if motion passes - Matt Nielson (0:08:17)
Mayor Merrill indicated that the proposed fee changes are for City of Rexburg and Madison County jointly owned venue fees.
Finance Officer Nielson reviewed the proposed fee changes.
Council Member Johnson asked if recreation was okay with the Main Street Mile fee. Officer Nielson said yes.
Council Member C. Erickson would like to put wording into the resolution regarding the contract labor per officer that would allow some flexibility. For example, school events could
be negotiated for a lower rate because the city and the school trade services, but security at businesses could stay at the flat rate of $77.00 per hour.
Council Member E. Erickson believes that these are maximum fees so anything less can be negotiated. Finance Officer Nielson indicated that City Council could offer a discount for community
partners. Council Member C. Erickson would like to see a partnership with our community partners that everyone can be happy with. Police Officers like to help with high school games
because it allows the officers a chance to get to know the kids and the community, so he doesn’t want to jeopardize that by making the fees too high. Council Member E. Erickson is concerned
about inviting issues if we open it up to negotiations. Council Member C. Erickson agrees but feels that our main community partnerships are different.
Attorney Zollinger explained that it’s best not to put that verbiage in the fee’s agreement. They have always worked fees out fairly with our community partners through a quid-pro-quo.
We are still going to charge the school district the $77.00 fee for police security, but in exchange they are giving us $21.00 cash and $56.00 in-kind by letting us use their gyms.
That is how we have negotiated over the years, by considering what they give us and what we give them.
Mayor Merrill opened the public hearing. Commissioner Mendenhall declared their public hearing open as well.
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. Commissioner Mendenhall closed their public hearing.
Council Member Johnson moved to approve Proposed Fee Changes. Designated as Resolution No 2024 - 08; Council Member Reeser seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson none
Council Member Chambers
Council Member C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
The County proceeded with their vote and passed the proposed fee changes.
Staff Reports: (0:21:11)
Finance: - Matt Nielson
Finance Officer Nielson indicated that they are looking for a new employee in the Streets Department. They found two great candidates. There will be another position in Streets open
in October. He asked the council if they would be okay with offering both candidates a job, one to start now and the other one to start in September. The Council Members agreed that
it would be okay.
Discuss and Review Pickleball Options
Finance Officer Nielson reviewed the Pickleball options.
Finance Officer Nielson indicated there is $370,000 in the budget for pickleball courts. He doesn’t recommend spending all of that. They have been looking at other pickleball surface
options to reduce costs, plus they will continue to apply for grants. Officer Nielson showed the three different options.
1st Option-Courts designed and put out to bid summer of 2024
Officer Nielson said they put out a request for bids for the 4-court first option and received no bids. One contractor came back later with a bid of $540,000, which is way over budget.
2nd Option Explored
Officer Nielson showed the 2nd option which is cheaper because it does not include lighting or site prep. One bid was $266,000. With lights and prep work, it would be about $310 to 350,000.
Officer Nielson showed the 3rd option, which is to repurpose Smith Park tennis courts using a synthetic tile surface. St. Anthony just put in a 5-court complex with the tiles from Versa
Court.
The Smith Park tennis court will fit 6 pickleball courts. The current surface will need some asphalt work first to even out the surface and then they would lay the tile. Officer Nielson
recommends tearing down the fence on the south end and extending the asphalt pad about 10-12 feet to allow more room.
Officer Nielson explained the pros and cons of synthetic tiles.
Officer Nielson explained that we can never do a professional sanctioned tournament on the synthetic service. Costs for this project would be around $145,000 to $190,000. Council Member
E. Erickson wondered about the quality. It is commercial grade quality.
Discussion about BYU-I courts.
Council Member E. Erickson likes the lower cost and the location. He has an issue with parking. The curb and dip there is very deep. The courts will be busy so parking might be a problem.
He does like the idea, though.
Council President Walker likes it because it provides 6 courts instead of 4.
Council Member Johnson thinks that we should ask the pickleball club what they think, but she also likes the idea.
Attorney Zollinger said the highest-level players in Rexburg don’t like the synthetic tile courts; however, the majority of the residents would be happy with these courts.
Council Member C. Erickson likes the idea of repurposing the Smith Park tennis court, but we are still going to need more quality courts in the future. This is just a small step towards
the ultimate goal of providing better and more courts.
Council President Walker thinks we should move forward. Council Member Johnson would like to do it quickly. Officer Nielson said they could try to move it forward quickly; however, the
asphalt repairs and addition will take time especially this late in the season.
Mayor’s Business: (0:51:54)
Ratify Parks and Recreation Committee members: Eric Erickson, Eric Isaacson, and Mark Nygren
Council Member Chambers moved to approve the appointment of Eric Erickson, Eric Isaacson, and Mark Nygren to the Parks & Recreation Committee; 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 C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Council Member E. Erickson reminded everyone that this committee also oversees trails. Mayor Merrill said Recreation Director, Jon Lewis, agreed to be the liaison for this committee.
Mayor Merrill reminded everyone that the Footloose play is this weekend. He also said they have made some improvements at the dog park. They added bark, etc. He also mentioned that he
is not happy with the paint color on the new south Rexburg interchange. It is a yellow/gold color. The state said it would cost 50,000 to repaint it and it would set them back two
weeks. It’s graffiti resistant paint. Fort Hall used the same color on their new overpass. People don’t like the mustardy, gold color. He asked the council their thoughts. The $50,000
to redo it will have to be paid by us if we want it changed. Mayor Merrill doesn’t feel like they did their due diligence to make sure we like the color. We were told that it would
be a tan color. One main wall has been painted so far, but they plan to paint all the walls and the cement dividers that same color on both interchanges.
Attorney Zollinger suggested leaving what’s done as it is to avoid a two-week delay but change the color for the rest of the walls going forward and then go back later and repaint the
yellow wall.
Items for Consideration: (01:13:00)
Planning & Zoning recommendation to approve a Comprehensive Plan Map amendment from Low and Intermediate Residential to Commercial at approximately 250 N 12th W and 1022 W Main St #24-00417.
Designated as Resolution No 2024 – 10 if motion passes – Alan Parkinson
City Planner Parkinson reviewed the recommendation by Planning & Zoning to amend the Comprehensive Plan Map at 250 N 12th W and 1022 W Main St. from Low and Intermediate Residential
to Commercial. This is the property just on the west side of Hwy 20, north of Hwy 33/Main Street. There are two parcels and both the owners both want the zone changed to commercial.
Council President Walker moved to approve Comprehensive Plan Map amendment from Low and Intermediate Residential to Commercial at approximately 250 N 12th W and 1022 W Main St #24-00417.
Designated as Resolution No 2024 – 10 if motion passes; 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 C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Planning & Zoning recommendation to approve a rezone from Transitional Agriculture (TAG) and Mixed Use (MU) to Community Business Center (CBC) zone at 250 N 12th W and 1022 W Main St
#24-00418. Designated as Ordinance No 1317 and considered first read if motion passes – Alan Parkinson (01:15:39)
City Planner Parkinson reviewed the same property. Owners of both parcels are wanting the zone change.
Council Member C. Erickson moved to approve the rezone from Transitional Agriculture (TAG) and Mixed Use (MU) to Community Business Center (CBC) zone at 250 N 12th W and 1022 W Main
St #24-00418. Designated as Ordinance No 1317 and considered first read if motion passes; Council Member Johnson seconded the motion;
Council Member E. Erickson asked about the potential use of the land. City Planner Parkinson said the owners do have multiple plans but have not said what they are. It will most likely
be used for commercial development, not residential. Council Member E. Erickson asked about the plat that will come forward and if they would have to approve that. Alan said yes and
added that it will take additional infrastructure which the developers will be responsible for. Council Member E. Erickson is a little concerned that the commercial zones are spreading
in all directions. Mayor Merrill commented that the developer’s ideas could change over time. He also added that having these commercial nodes is kind of nice because it brings needed
amenities closer to the residents. Hwy 33 will need to be widened eventually by Valley Wide. Council Member Johnson asked about which zone has the most traffic. Planner Parkinson said
mixed use would probably have more traffic. Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson none
Council Member Chambers
Council Member C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Planning & Zoning recommendation to approve an amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to RV Park permitted uses for CBC, and other substantive and
non-substantive items #23-00958. Designated as Ordinance No 1318 and considered first read if motion passes – Alan Parkinson (01:26:40)
SECTION 1: AMENDMENT “3.08.020 Permitted Uses In Commercial Zones” of the Rexburg Development Code is hereby amended as follows:
Rental, Short-Term, Transient Living:
Campgrounds, RV Campsites & Travel, and Tiny Homes on Wheels – Conditional Use Permit
City Planner Parkinson reviewed the amendment to the Development Code that would allow tiny homes on wheels in RV Parks and campgrounds.
Council Member C. Erickson asked if there are fire code regulations on how close they can be. Planner Parkinson said there are fire regulations that determine how far apart RV’s need
to be and that is 12 feet.
Council Member Johnson is concerned about regulating sex offenders who stay in short-term rentals. Attorney Zollinger said there is no regulations on people living in short term, temporary
rentals.
Council Member Reeser moved to approve an amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to RV Park permitted uses for CBC, and other substantive and non-substantive
items #23-00958. Designated as Ordinance No 1318 and considered first read; Council President 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 C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Staff recommendation to approve the City of Rexburg’s Title VI Non-Discrimination Policy. Designated as Resolution No 2024 – 11 if motion passes – Stephen Zollinger (01:33:04)
RESOLUTION NUMBER 2024-11
TITLE VI NON-DISCRIMINATION POLICY STATEMENT
The City of Rexburg, hereinafter referred to as the “Recipient" assures that no person shall on the grounds of race. color. national origin, sex, age, disability, or retaliation as
provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 (Public Law 100.259), and subsequent related acts, be excluded from participation in,
be denied the benefits of. or be otherwise subjected to discrimination under any program or activity. The Recipient further assures every effort will be made to ensure non-discrimination
in all of its programs and activities, whether those programs and activities are federally funded or not.
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of terms "programs or activities· to include all programs or activities
of Federal Aid recipients. sub-recipients. and contractors/consultants. whether such programs and activities are federally assisted or not (Public Law 100.259 (S.557) March 22,1988.
In the event the Recipient distributes federal aid funds to a sub-recipient, the Recipient will include Title VI language in all written agreements and will monitor for compliance.
The Recipient's City Clerk is responsible for initiating and monitoring Title VI activities, preparing responses and other responsibilities as required by 23 Code of Federal Regulations(CFR)
200 and 49 CFR 21.
RESOLUTION NUMBER 2024-12
TITLE VI DISCRIMINATION COMPLAINT PROCEDURE
Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise. has been subjected to discrimination
prohibited by Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the CiviI Rights Restoration
Act of 1987, as amended, may file a complaint with the City of Rexburg. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred
to the City of Rexburg's Title VI Coordinator for review and action.
City Clerk Lovejoy explained that this resolution is required by law to get any federal funding/grants. It comes from the Federal DOT. Attorney Zollinger said this has been passed annually.
There needs to be a section on the City’s website stating these policies. This just formalizes the complaints. Both resolutions can be passed with one motion.
Council Member E. Erickson moved to approve the City of Rexburg’s Title VI Non-Discrimination Policy, designated as Resolution No 2024 – 11 and Title VI Discrimination Complaint Procedure,
designated as Resolution No 2024 – 12; Council Member C. 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 C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Calendared Bills: (01:37:18)
Second Reading: Those items which have been first read:
Ordinance No 1316 - Fiscal Year 2025 Budget Appropriation Ordinance – Matt Nielson
ORDINANCE NO. 1316
FISCAL YEAR 2025 BUDGET APPROPRIATION
AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 2024, TO SEPTEMBER 30, 2025, 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, 2025; AND PROVIDING FOR THE EFFECTIVE DATE OF ORDINANCE.
Council Member Chambers moved to approve Ordinance No 1316 – Fiscal Year 2025 Budget Appropriation Ordinance and consider second read; Council Member Reeser seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson none
Council Member Chambers
Council Member C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
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. (01:38:05)
Minutes from July 17, 2024, Meeting
Approve Payment of the City of Rexburg Bills
Council Member C. Erickson moved to approve the Consent Calendar containing the minutes and city bills; 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 C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Mayor Merrill asked if anyone is aware of a bell that we can ring for Constitution Day on September 17th.
Council President Walker asked about the piles of cut wood at Eagle Park that the fire department cut up. Mayor Merrill said that it will be chipped by Wilcox’s starting Monday for $7500.
Part of the grant that was received for the park cleanup will be used. Anyone who needs the wood can have it. There are 2 young men that have been hired to spray the weeds.
Mayor Merrill announced that a Culture Training Consultant who did a two-day training with the police department a while back and is highly recommended, may be coming to do some more
training.
Adjournment 8:15 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Mary Flanary, Grant Coordinator