Loading...
HomeMy WebLinkAboutCouncil Minutes - October 16, 20241 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org City Council Minutes – October 16, 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. (00:00:01) Council Member Chambers said the prayer. Mayor Merrill led the pledge. Roll Call of Council Members: Attending: Council Member Johnson, Council Member Chambers, Council Member C. Erickson, Council Member E. Erickson, Council Member Reeser, Council President Walker and Mayor Merrill. Oath Of Office: for Officer Jared Newell sworn in by City Attorney Stephen Zollinger City Attorney Zollinger administered the oath of office to Jared Newell. OATH OF OFFICE I, Jared Newell, do solemnly swear that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, the Ordinances of the City of Rexburg, and the Law Enforcement Code of Ethics. I will endeavor to enforce these laws to the best of my abilities, and that I will faithfully discharge all of the duties assigned or requested of me in my capacity as a law enforcement officer for the City of Rexburg. ________________ Jared Newell Mayor Merrill asked Officer Jared Newell to introduce himself. Jared Newell said he has lived in Rexburg since 2011 and has worked for the Madison Sheriff’s Office for the last nine years. His wife’s name is Megan, they have twin daughters and one son. The girls’ names are Harley and Liliana, their son Danny is almost three years old. Officer Newell said he grew up in Illinois. 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. Items from Council: (00:05:50) Committees: MEPI, Cultural Arts, Grants, School Board, MUSIC, MYAB, Emergency Services Board, Beautification, Trails/Parks & Recreation, Urban Renewal, Airport, Golf Board, ADA Oversight Board, and Legacy Flight Museum Council Member C. Erickson reported the Golf Board met and reviewed the budget forecast. This year’s revenues exceed last year’s revenues for both Teton Lakes and Legacy golf courses. They discussed remodeling the Teton Lakes club house this winter. Council Member Johnson reported the Trails/Parks and Recreation committee is meeting tomorrow. She asked for volunteers wanting to serve on that committee to contact City Hall because more committee members are needed. Council Member Walker reported the Mayor’s Youth Advisory Board met to work on their Halloween Safety skits to perform at the elementary schools. The ADA Oversight Board met yesterday; they discussed several federal government programs available for the hearing impaired. Council Member Chambers reported the Madison Economic Partners Inc. (MEPI) met last week to finalize their bylaws and they are looking at expanding the committee. They are also working on a 2 couple of initiatives. The Urban Renewal Board met today to review the downtown project; it is well underway. They are finalizing some land acquisition and drafting design plans. Council Member Chambers reported that the Cultural Arts Department is hosting several events the first week of November at the Romance Theater, there will be the performance of the Best Christmas Pageant Ever with show times on Friday, Saturday and Monday night at 7:00 P.M. with a Saturday matinee starting at 2:00 P.M. Council Member E. Erickson said the Trails/Parks & Recreation Committee will meet tomorrow. On Monday he met with the Parks and Recreation Departments to look at the Pickleball courts. They assessed the condition of those courts at Nature Park. They discussed the possibility of resurfacing the Pickleball courts in the spring. The courts are continually being used by a lot of people involved in Pickleball. The expansion of the Pickleball courts at Smith Park will be a great addition to the community. Council Member E. Erickson also reported that the design phase of the Teton River Park is being finalized. City Staff will be preparing the bid documents to submit Request for Proposals for the work needing to be completed at that park. He mentioned there were delays because there were issues with the design of both the volleyball courts and rock-climbing structure. Council Member Reeser reported the Legacy Flight Museum has not met. The Police Department has invited the Councilmembers on another tour of the new Idaho Falls Police Station. He encouraged the Councilmembers that were not able to go on the first tour to go on the second tour. The tour was a good experience, they saw some great ideas and it was instructive. Mayor Merrill reported on the Historical Preservation Committee. A company from Utah has been working on the city’s historical buildings all summer long. They started on the tabernacle with the repointing of the mortar in between the stones and other work. The Tabernacle is over 100 years old, and it is in better shape now; however, it still needs more work. The Historical Preservation Committee is working on a fundraising project to collect funds for additional remodeling projects and an addition on the side of the building to make it more functional for the community. Mayor Merrill continued to report that after the company finished the Tabernacle, they moved over to the Romance Theater. They repaired the bricks that were ready to fall off the building. The repairs they made to the bricks will make it so there isn’t any water leaking through the walls of the building. The Romance Theater is in much better shape than at the start of the year, which is a good thing because the Tabernacle and Romance Theater are some of the most historic buildings in the city. The city has been working hard to try to preserve and keep them in good condition. Other Reports: Public Hearing 6:30 P.M. – Annexation of approximately 360 Stationery Rd into the City of Rexburg #24-00663. Designated as Ordinance No 1322 and consider first read if motion passes – Alan Parkinson (00:16:40) ORDINANCE NO. 1322 Annexing 360 Stationery Rd in the Impact Area for the City of Rexburg into the City of Rexburg, Madison, Idaho AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Mayor Merrill opened the public hearing. 3 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 asked if the city received a response from the Taylor Corporation regarding the annexation letter the city sent to their representative. City Attorney Zollinger explained the inquiries from the Taylor Corporation were the costs of public works services such as sewer, water, garbage and snow plowing. He said a representative from the Taylor Corporation is meeting with city Public Works Director Davidson to review those costs. The Taylor Corporation building is surrounded by quite a bit of empty property that is being annexed into the city. He suggested the Taylor Corporation representative also meet with Economic Development Director Johnson to discuss the potential development of the surrounding property. Council Member E. Erickson asked why the Valley Wide Cooperative Energy property was not included in this annexation? Planning and Zoning Administrator Parkinson explained that the Valley Wide Cooperative property owner was contacted about participating in this annexation; however, they denied participating in the annexation. He said with the annexation of the Taylor Corporation property, the Valley Wide Cooperative property will form an enclave; therefore, the city would have the power to force the annexation of that property. City Attorney Zollinger further explained the Taylor Corporation has been receiving city services for several years, so they were annexable at any time. The city simply had not annexed them; however, the city has grown past them, and it is apparent that they are going to be capsulated within developed property. The city does not have that option for Valley Wide because they don’t receive city services and they are not an island; however, with the approval of the annexation of the Taylor Corporation the Valley Wide Cooperative becomes an enclave. Council Member E. Erickson asked if Valley Wide Cooperative becomes an enclave, would the city then be able to annex them into the city? City Attorney Zollinger said the city did not create the enclave circumstance for Valley Wide until after July 1st; therefore, it would be more difficult to force them to annex into the city. The city is not as concerned about annexing Valley Wide Cooperative into the city because they are not prohibiting city growth. The city limits of Sugar City are directly across the street from the Valley Wide property. Council Member Chambers moved to approve Ordinance No 1322 the Annexation of approximately 360 Stationery Road into the City of Rexburg and consider 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 Reports: (00:23:42) A. Finance: – Matt Nielson 1. Financial Reports Finance Officer Nielson reviewed the Cash and Investment Report. The Finance Department has reinvested a few CDs over the last month. There are about 4.2 million dollars in the diversified bond fund. Those funds have been in the diversified bond fund for decades; however, about five years ago he moved out a substantial amount of those funds into other accounts. He said he has been watching the market for the opportunity to pull more funds. They are going to initiate those transactions on the 1st of November. They will invest those funds into other investment agencies, CDs or invest them in the city’s own investment laddering, so the city has a say of when those investments mature. He said he plans to move the majority of those funds to the managed investment accounts such as TVI or Moreton. They feel like they can get a better return in the two to four years in duration instead of the 12-to-15-month return and they are continuing to extend the city’s investment ladder. Finance Officer Nielson said the city is getting good reinvestments; for example, the CD with Frontier was negotiated to a 4.7% return on an 18-month CD, which was after the market dropped. He pointed out that over the next few months the city’s cash and investments will continue to drop several 4 million dollars per month, which is typical because the city will spend more money than the money being collected. Finance Officer Nielson reviewed the Quarterly Treasurers Report. One of the accounts that stood out was the Recreation Programs, he forecasted that account being able to carry over some funds, which they haven’t done for over 10 years. The Sanitation Fund has built up that funds reserve to about 2.2 million dollars; however, he issued the purchase order of 1.1 million dollars for the new sanitation shop. He reported after adding all of the Water Funds together there is 10 million dollars in reserves and 12 million dollars in the Wastewater reserves. The Wastewater reserves are needed for capital projects over the next few years. Finance Officer Nielson said there is about 1.7 million dollars in the new city hall/ police station building fund, this fund will continue to grow. The golf operation in terms of finances has been a great year. The report indicates there is a carryover of about $734,000 on the cash side of the golf account. The $186,000 in the debt account will be paid off with the transfer in the next month when the year end 5 transfers are approved. He asked the Councilmembers to keep in mind a savings fund for the irrigation system was created to start setting aside money for the replacement of that system. Finance Officer Nielson said Council Member Johnson asked him to give an update on the proposed new police station. There have been discussions with Police Chief Rhodes, Assistant Police Chief Hagan and Assistant Public Works Director Beard and they have drafted a Request for Proposal (RFQ) to acquire a Construction Manager General Contractor (CMGC). The purpose of hiring a contractor would be to obtain the design and costs to construct the building to seek the option of a general obligation bond which may require the hiring of an architect. He cautioned that once an architect is engaged the costs increase substantially. He said he does not want to spend that much money until they know the funding source, so he recommended a committee be set up to go through the RFQs selection process. The committee would consist of several staff members and two Councilmembers no more than six to eight members. Discussion regarding the Madison School District property that they put out for RFP. Finance Officer Nielson explained depending on the decision the School District makes about that property the Urban Renewal Agency has agreed to pay for a study with six different scenarios of how that property could be redeveloped. Council Member Chambers asked Finance Officer Nielson once the RFQ is selected and a contract is approved, when would the bond be placed on the election ballot. Finance Officer Nielson said his best estimate for the bond election would either be November of 2025 or May of 2026. Council Member Johnson asked if the Councilmembers could advocate for the general obligation election bond. Finance Officer Nielson replied, the Councilmembers should not be involved in advocating for the bond, nor should the city spend money to advocate for the bond. Finance Officer Nielson mentioned there is the option of having the CMGC estimate the costs to remodel the existing police station so that both the costs to build new or remodel are known. Discussion regarding which Councilmembers would be a part of the selection committee. Council Member C. Erickson asked how many Councilmembers can be on the selection committee before it constitutes a quorum. City Attorney Zollinger replied, the state statute reads a quorum cannot be present and four Councilmembers participating in a meeting is considered a quorum. 2. Proposal and Budget Adjustment to create a Custodial Fund for Madison County Ambulance District Finance Officer Nielson explained the Budget Adjustment to create a Custodial Fund for Madison County Ambulance District. The city’s Finance Department would oversee the Ambulance District’s revenue sources which are property tax and fees collected from ambulance transportation. They have their separate collection agency already established, which does all the collecting. The Finance Department will complete the reconciliation of the bank statements to put into the general ledger and then they would take it through the city’s budget process as a custodial fund. The Ambulance District would also process those revenues through their budget process as well. 6 Council Member E. Erickson questioned if taking on the Custodial Fund for Madison County Ambulance District would require additional personnel to administer. Finance Officer Nielson replied, it would not take additional personnel to administer that fund. Council Member Erickson asked why Madison County does not want to continue administering the Custodial Fund for Madison County Ambulance District. Finance Officer Nielson explained that Fire Chief Child asked for the city to administer the fund because it is easier for them to understand the budget and they prefer the way the city invests those funds. He said it is also easier for them to retrieve information from the city because the city is already administering five other funds for them making the process more efficient. Council Member C. Erickson asked Finance Officer Nielson if the Ambulance District is being charged to administer the fund. Finance Officer Nielson said he has informed Fire Chief Child that he would charge an overhead rate on operating costs. The overhead rate is not only for finance; however, it is for legal, HR, IT and other administrative services. He said he also informed them that they would need to make their payments on time because if the city starts to cash flow on their behalf, he is going to charge them an interest rate expense. Council President Walker moved to approve the Budget Adjustment to create a Custodial Fund for Madison County Ambulance District; 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. 3. Resolution No 2024-14 Intent to establish a Commercial Property Assessed Capital Expenditure (C-PACE) Program (00:54:45) Finance Officer Nielson explained he and Mayor Merrill were introduced to the Commercial Property Assessed Capital Expenditure (C-PACE) Program. At first, they were not sure why the city needed to be involved in this program until they were on a conference call with one of the biggest lenders of the program, named Nuveen. They also talked to a local developer that is going through this process and using this method for their project that is underway on Trejo Street. He said he also included City Attorney Zollinger in the discussion. The State of Idaho passed a law stating local entities such as cities can adopt the C-PACE program by resolution. Once the City Council approves the resolution, a developer can apply to use the C-PACE program to finance commercial and or a housing development with five or more units. The money does not come from the city, it comes from a private 7 lender. The private lender will provide financing for that project only if it meets certain qualifications. Some of those qualified improvements can be energy efficiency consumption, it could also be renewable energy, and water conservation. By meeting the qualifications, they in turn receive a lower interest rate on their loan versus a conventional loan. The reduction in the interest rate with a C-PACE could be between 40 to 50 percent reduction. Finance Officer Nielson continued to explain that the city’s involvement would be to have a city engineer certify that the project meets the qualifications, the city would also file a lien on the property on behalf of the lender. He said if the developer already has a loan and then obtains a C-PACE loan the C-PACE loan is in the priority lien position over the first loan with the approval of the sub lender; however, the city will not give up its first position if there is a Local Improvement District lien on the property. The city will not have any liability or financial responsibility, and the city can charge 1% of the loan amount for administrative costs up to $50,000. He recommended charging a $500 application fee until he determines how much administrative work it takes because this program can become an economic tool for the city. Finance Officer Nielson recommended approving the resolution to set a public hearing on November 6th, 2024, and then after the public hearing is held the City Council will consider the resolution to adopt the program. Council Member C. Erickson moved to approve to Set a Public Hearing on November 6th, 2024, to consider Resolution No 2024-14 Intent to establish a Commercial Property Assessed Capital Expenditure (C-PACE) Program; 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. B. Public Works: - Keith Davidson (01:03:06) 1. Surplus ice skates from Recreation Department, 1992 Ford F-150 no bed from Sanitation Department ($2375-$4550) and an International Harvester 480 Disc from Wastewater Treatment Plant ($800) Assistant Public Works Director Justin Beard reviewed the items for surplus. Council President Walker questioned why they are requesting the surplus of ice skates. Mayor Merrill explained that the costs to build the ice-skating rink every winter are expensive, and it has been difficult to keep the ice frozen so the Recreation Department would like to focus on cross-country skiing and other activities at the winter park. Council Member Johnson moved to approve the Surplus of ice skates from Recreation Department, 1992 Ford F-150 no bed from Sanitation Department ($2375-$4550) and an International Harvester 480 Disc from Wastewater Treatment Plant ($800); Council Member E. 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. 2. Approval of Professional Services Agreement with ADURRA for Rexburg-Madison County Airport Environmental Studies Phase 1 Project Public Works Assistant Director Beard reviewed the professional services agreement with ADURRA. ADURRA is a consulting company that the city has been working with on the relocation of the airport for many years. The agreement is for a total of $448,138 and is only one part of the environmental review of the proposed airport site. 8 Council Member E. Erickson moved to approve the Professional Services Agreement with ADURRA for Rexburg-Madison County Airport Environmental Studies Phase 1 Project; 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. 3. Approval of Professional Services Agreement with Forsgren Associates for the 5th West Extension Feasibility Study (01:09:36) Public Works Assistant Director Beard reviewed the professional service agreement with Forsgren Associates for the 5th West Extension Feasibility Study. The study will determine the options and requirements to extend 5th West from the fairgrounds across the river to the Rexburg Cemetery. The contract is for $90,000, the funds come from the Thriving Communities grant program that the city has been involved with over the last couple of years. Council Member Chambers moved to approve the Professional Services Agreement with Forsgren Associates for the 5th West Extension Feasibility Study; 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. 4. Approval of Professional Services Agreement with J-U-B Engineers for the Riverside Wastewater Lift Station Design Public Works Assistant Director Beard said the professional services agreement with J-U-B Engineers for the Riverside Wastewater Lift Sation is an amended scope of the existing agreement the city has with J-U-B Engineers to replace the Valley River Lift Station or also known as the Kmart lift Station. The replacement of that lift station will facilitate the new line north toward Sugar City. He said he met with a J-U-B representative about the agreement schedule, they have committed to completing the design work for the vaults and manholes by early spring. Once the design information is received the city engineers will attain bids to construct those items so the contractor can complete the work while groundwater is at its lowest. J-U-B- will then give the city the final design of the lift station a couple of months later so the city engineers can attain bids for everything else. He said the total cost of this contract amendment is $209,900 with J-U-B. Council Member C. Erickson moved to approve the Professional Services Agreement with J-U-B Engineers for the Riverside Wastewater Lift Station Design; 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. 9 Council Member C. Erickson mentioned there is a sidewalk section on Coyote Willow to 12th West that has not been installed for over a year. Public Works Assistant Director Beard said the section of missing sidewalk was part of a child pedestrian grant the city received, he has contacted the contractor and was informed the sidewalk will be installed this year. There was a delay with the sidewalk installation because Rocky Mountain Power had not moved all of the light poles back on 12th West when some of those intersections were widened. Mayor’s Report/Business: (01:18:00) Mayor Merrill reported he is participating in the Blue Cross of Idaho Foundation Mayor’s Walking Challenge and is averaging about 14,000 steps a day. The money the city receives from the challenge is being placed in a savings account to use towards ADA playground equipment for Smith Park. Items for Consideration: (01:19:18) A. Planning and Zoning recommendation to approve a rezone at approximately 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) zone #24-00734. Designated as Ordinance No 1323 and considered first read if motion passes – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the staff report for a rezone at approximately 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) zone. This property is a house that was used as a duplex in the past; however, the property owner had some issues and stopped using the house as a duplex. By not using the house as a duplex they lost their grandfather clause. The property owner wanted to use it as a duplex again; however, because of the changes to the lot sizes in the city code, the lot size is too small. The only option for the property owner was to ask for a higher density zone to be able to use the house as a duplex on that property. Council Member Reeser moved to approve Ordinance No. 1323 a Rezone at approximately 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) 10 zone and consider 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. Calendared Bills: (01:22:21) A. Second Reading: Those items which have been first read: 1. Ordinance No 1321 Rezone with conditions to build no more than 12 units total between both lots at 312 & 316 Grand Loop from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) #23-00958 – Alan Parkinson ORDINANCE NO. 1321 Rezone 312 and 316 Grand Loop from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) Zone 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. Council Member E. Erickson said he has a conflict of interest and is recused from voting. Council President Walker moved to approve Ordinance No 1321 a zone change from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) at approximately 312 & 316 Grand Loop with the conditions to build no more than 12 units total between both lots at 312 & 316 and consider second read; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Chambers Council Member Johnson Council Member C. Erickson Council Member Reeser Council President Walker The motion carried. B. Third Reading: Those items which have been second read: NONE 11 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. (01:23:30) A. Meeting Minutes from October 2, 2024 B. Approve Payment of the City of Rexburg Bills Council Member E. Erickson moved to approve the Consent Calendar containing the minutes, and city bills; 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. Planning and Zoning Administrator Parkinson informed the Councilmembers about other potential annexations they will be considering. One of those annexations is an enclave, he will present it to the Councilmembers in December. There is also a section of Eagle Park that the city owns that has not been annexed into the city. Adjournment 7:53 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk