HomeMy WebLinkAbout2012.02.15 CITY COUNCIL MINUTES1
February 15, 2012
Mayor Richard Woodland
Council Members: Christopher Mann Jordan Busby Donna Benfield Jerry Merrill Bruce Sutherland Sally Smith
City Staff: Stephen Zollinger – City Attorney Richard Horner – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk
7:00 P.M. City Hall – Pledge to the Flag
Austin and Richard Hill from Troop 156 led the Pledge to the Flag.
Michael Ongesel said the prayer.
Roll Call of Council Members:
Attending: Council President Mann, Council Member Benfield, Council Member Sutherland, Council
Member Merrill, Council Member Busby, Council Member Smith and Mayor Woodland.
Public Comment: on issues not scheduled on the agenda (limit 3 minutes) - NONE
Presentations:
A. Curbside Recycling Study – John Millar
Eric Conrad from BYU-I and John Millar presented a proposal for a recycling study consisting of three
phases.
Phase One: Takes place in March and April - The first phase is picking up garbage from two
subdivisions for two months and weighing the garbage. The average household in Rexburg
accumulates 97 lbs. of garbage. The goal is to get a base line of how much is produced.
Phase Two: Takes place in May and June – The residents, in the same two subdivisions, would
receive a garbage bin for recycling to test for two months. The recycled goods would go back to the
BYU-I campus to be separated at the recycling center. They plan to pay for the student labor with
monies from the program. They hope to get about 30% of the garbage from the homes to be
recycled.
Phase Three: They hope to use the information generated from the phases to gain support, and fully
implement the recycling program in Rexburg.
Public Works Director Millar explained 200 blue recycling bins have been purchased for the program.
Currently city staff is picking up the larger recycling bins that are currently underway.
Mayor Woodland explained the bins would be used either way for city garbage if the recycling program
fails. Public Works Director Millar explained the program could save $160,000 a year in county land fill
fees if successful.
35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x2313 Fax: 208.359.3022 blairk@rexburg.org
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City Council Meeting
February 15, 2012
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BYU-I is currently picking up the garbage on Phase One and Phase Two for the test program.
The expected savings is $42,000 per year. The current large blue bins do save in tonnage going to the
land fill. The goal is to remain revenue neutral to pay for the program. Any income from recycled goods
would go to the University recycling program.
Council President Mann asked if the Barney Recycling contract was canceled. Public Works Director
Millar explained that Mr. Barney sold the business to someone else, and the city contract was terminated.
The city uses its trucks and trailer to take the recycled goods to the University.
BYU-I was trying to have the students run the study without making the program public until the test
period is completed. PR representatives at the University indicted there were a lot of questions from the
public about the program, so the information was made public.
Eric Conrad indicated BYU-I would like to encourage more public participation as the program moves
forward.
Council Member Sutherland asked questions about the equipment needed for the program.
Eric Conrad explained BYU-I would hire students to drive the University’s garbage trucks to pick up the
blue bins.
Council Member Busby asked about liability for the program. City Attorney Zollinger explained the
insurance liability would fall on the owner of the vehicle. Because it’s a trail phase the University is
operating independently. At some point BYU-I would act as a contractor for the city.
Council Member Merrill asked what would happen if non-accepted items were placed in the recycling
bins. Eric Conrad explained that 20% of what is placed in the bins is garbage, and will be sorted out and
taken to the dump. It would be considered a city expense.
Public Works Director Millar explained the new test program would allow the city to use the current
big blue bins at more locations as a single use recepticle to accept all garbage.
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Committee Liaison Assignments for 2012:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council President Mann reported the MYAB met this afternoon to prepare for Snowfest. The MYAB is
volunteering to operate the ice fishing pond at the Snowfest. March Madness is being sponsored by the
Rexburg Madison Education Foundation; they will be working on providing volunteers for the event on
March 8th, 9th, 10th. They will be doing the concessions for the Upper Valley Idol. Golf Board and
Emergency Services Board did not meet.
B. Council Member Jordan Busby: Beautification Committee· Airport Board
Council Member Busby reported Beautification Committee has not met; he suggested getting new
members. The Airport Board has a report from David Taylor. They have four requests to help improve
the airport. Asphalt work, align runways, paint stripes, upgrade the pilots lounge, resurface back taxiways
and resurface the runway. Eric Anderson, who was serving on the board, took a job out of town; he needs
to be replaced by a city resident.
David Taylor indicated FAA would not participate in the lengthening of the airport.
Council Member Busby asked if improvements at the airport will need to be approved by City Council.
(Note: The City of Rexburg and Madison County are the governing boards for the airport)
David Taylor asked how to get a replacement for Eric Anderson on the Airport Board. The Airport
Board will recommend someone to City Council to be a part of the board. Historically, FAA has funded
the airport at about $150,000 per year.
Council Member Benfield asked for the average amount of flights that come in a month. A daily average is about 48 takeoffs and landings. City Attorney Zollinger said it was hard to separate local and
transient traffic into the Rexburg Airport. Council Member Merrill asked if lengthing the airport would be difficult due to the environmental concerns. Yes.
C. Council Member Donna Benfield: Trails of Madison County · IBC · Teton Flood Museum Committee
Council Member Benfield reported Trails of Madison County will meet tomorrow night. The Museum
Board and the Trails of Madison County have requested that the Mayor write a letter of thanks to the
members who served on the boards and release them so the boards can start fresh.
D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre &
Tabernacle Civic Center)
Council Member Smith reported the Legacy Flight Museum Air Show is being planned. It is amazing
how many events are being scheduled at the Flight Museum and the Romance Theatre. The Arts Council
met and the Orchestra has a performance on the 29th of February. An arts calendar will be created to help
the public with coordinating events between the facilities; the planning for the calendar will take place this
Saturday at 10 a.m. The Tabernacle Committee did not meet, and The Romance Committee will be
meeting this week.
E. Council Member Jerry Merrill: Parks & Recreation · Traffic & Safety · Urban Renewal Agency
Council Member Merrill reported that there is no report on the Urban Renewal Agency. The Traffic
and Safety Committee met last week to talk about the intersection at 1st South and 2nd East. There is more
lighting planned at this intersection to solve traffic problems. The Parks and Recreation Department is
bringing down the heating costs to maintain Rexburg Rapids in the winter. He asked the Mayor about the
invoice for the 1,700 tee-shirts that were ordered for a 2012 event, the invoice was not clear on what
event. He assumes it’s for the triathlon. Mayor Woodland said the event pays for the shirts with the
entrance fees. Council Member Merrill suggested future invoices be more descriptive with more detail.
F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police · MEPI
Council Member Sutherland reported some police are attending a seminar between February 26th and
March 3rd for safety training at events. Planning and Zoning met two weeks ago to discuss an item on this
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agenda– the Loft Apartments. The Madison School Board will meet tomorrow night. Madison Economic
Partners met a week ago, but he did not attend.
Public Hearing:
B. 7:20 P.M. – Vacate street right-of-way on 3rd South between 4th West and 5th West – Staff
Presentation by City Clerk Kay: The street was vacated in 1974 but the paper work was not finalized.
In 1974 there was a meeting to vacate the area. They moved trailers onto the right-of-way on the west side
of the railroad tracks and the canal and it’s currently being utilized as a trailer park. There is a development
on the east side of the railroad tracks wanting to develop by Jared Sommers. They want to make sure the
street right-of-way is vacated so they can move forward. No private parties are involved with this request;
this request is requested by staff to clean up the record..
Mayor Woodland opened the public hearing:
Presentation by applicant: NONE
Written correspondence: NONE
Facts to offer into the record by City Council members: NONE
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
Rebuttal by applicant: NONE
Mayor Woodland closed the hearing for deliberations:
Council Member Smith asked about the process to vacate. City Attorney Zollinger explained the
process. He explained that when a street is vacated, the street will revert back to the adjacent property
owners. A deed will be generated to the property owners.
Council President Mann reviewed the parcels in question on the overhead screen. City Attorney
Zollinger reviewed the parcels involved in the action. These parcels would have the street right-of-way
split and deeded to them.
Council Member Merrill moved to approve the vacation of street right-of-way on 3rd South between 4th
West and 5th West; Council Member Sutherland seconded the motion; Mayor Woodland asked for a
vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Busby
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Items for Consideration:
A. Resolution 2012– 01 – Amendment to the HRA Plan for the City of Rexburg – Staff
Finance Officer Horner explained the plan was amended to comply with the amended federal laws for
retirement plans and the IRS Code. There is no impact to the city or the employees. It is a house keeping
action.
Council Member Busby moved to approve Resolution 2012– 01 to Amend the HRA Plan for the City
of Rexburg; Council Member Benfield seconded the motion; Discussion:
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
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Council Member Busby
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
B. Conditional Use Permit “The Lofts Apartments” at 555 South 3rd West requesting
lowered number of parking spaces through PEZ Ordinance 1021 – Eagle Rock
Engineering (Kurt Roland)
Kurt Roland from Eagle Rock Engineering, 310 North 2nd East, explained the proposal. PEZ Two
requires 60% parking, and they have 61% parking. They are proposing a four-story building with a lower
level parking garage. PEZ Two requires 50% parking for students and 10% for visitors. There will be 482
parking stalls at a 61% parking ratio.
Council Member Sutherland said there was no opposition in the public hearing at Planning and
Zoning. It had a unanimous approval from Planning and Zoning. Community Development Director Val
Christensen reviewed the development and the underground parking structure. This request is for a CUP
for reduce parking in the PEZ Two District. It will replace the Teton House (Assisted Living Facility).
The parking area will not be visible from the street. The parking structure can have 9’ by 18’ size parking
stalls. Studies show 80% of vehicles for students are of the compact size.
Council Member Sutherland moved to approve the Conditional Use Permit for the “The Lofts
Apartments” at 555 South 3rd West requesting lowered number of parking spaces through PEZ
Ordinance 1021; Council Member Merrill seconded the motion; Discussion: Council President Mann
asked for a standard for parking structures similar to the look of this development. Council Member
Sutherland agreed with the design standards proposal. Council Member Smith reviews the 26 foot snow
removal area. Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Busby
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
C. Resolution 2012– 02 Understanding of certain accounting practices and financial goals for
the city of Rexburg.
Finance Officer Horner explained governments are subject to a government accounting standards
board. This year the city needs to have a policy set and followed within the annual audit report to
separate funds. There are several categories, one being a restrictive category. Gas tax and street funds are
restricted accounts. Committed funds are the next category, which are funds that are committed to a
purpose. Utility, sewer, garbage, recreation funds are all examples of committed funds. The General
Funds has several categories in it. The rest of the Funds Balance is an unassigned balance, except for our
policy to maintain 25% of the prior year’s budget in the fund balance for emergencies. The depreciable
property has been carried over $1,000; the resolution moves this item to $5,000. Anything under $5,000
would not be depreciated. It will increase the current expenses verses depreciation over the life of the
asset. It does not limit oversight.
Council Member Smith moved to approve Resolution 2012– 02 Understanding of certain accounting
practices and financial goals for the city of Rexburg; Council President Mann seconded the motion;
Discussion: Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Busby
Council Member Benfield
Council Member Merrill
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Council Member Smith
Council Member Sutherland
The motion carried.
D. Ordinance 732: RECORDS TO BE KEPT; CONTENT: All pawnbrokers, secondhand storekeepers and secondhand precious metals dealers shall keep the following written
records: 1. An accurate description of all precious metals and personal property purchased, acquired or
received. The description shall include the make, model, model number, serial number and other identifying marks, numbers or features of said personal property.
2. The name, residence, driver's license number of social security number of the person from whom any precious metals or personal property is purchased, acquired or received at
storekeeper's place of business. 3. The date and place of the purchase, acquisition or reception.
4. Any other records required to be kept under Idaho law.
City Clerk Kay explained the reason for the discussion on the ordinance.
City Attorney Zollinger explained the history of the ordinance and the reason the ordinance was put in place. Stolen books were used as an example, in the past there have been problems with stolen books. If
books were to be stolen, the police could track a thief by looking at the records for the book trade. The ordinance has been used in Rexburg in the last five years.
Council Member Busby recommended taking out donated items from the ordinance, and adding a legal
lease for cash exchanges. City Attorney Zollinger will write up a proposal to make the suggested changes.
Discussion and suggestions continued about setting possible regulations for book thrift stores.
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Busby
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Staff Reports:
A. Public Works: – Keith Davidson 1. He passed out a street priority list map for review. Council Member Benfield asked to have
future street projects on a map for discussion. She asked for a five year plan. Council Member Busby asked for some education on the LID process to let people know what is involved
with an LID project. Engineer Keith Davidson explained the process to educate the public when an LID is being proposed. Finance Officer Horner explained the notice process
property owners receive when an LID is being planned. Council President Mann reviewed the street priority map and South 5th West with an estimated cost of $560,000.
2. Street lights on Main Street are being installed on 1st East and Center Street. The assembly will be distributed over three weeks. The poles will not be painted, they will be galvanized
poles. The turn lanes will be painted when the weather is warmer. 3. South side of the 7th South canal bridge has been completed. Traffic will be moved to south
side next week, and demo will start on the north side.
2012 Street Project Considerations
Street Estimated Reconstruction Cost
In Progress - W 7th South $460,000.00
1. East 2nd South $290,000.00
2. N 2nd East $430,000.00
3. South 3rd East, between
Harvard Ave. and South 3rd East $60,000.00
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3. South 3rd East, between 4th
South and 3rd South $110,000.00
4. N 1st East , between 2nd North
and Valley River Drive $180,000.00
5. Valley River Drive, between
1st East and 2nd East $80,000.00
B. Finance Department: - Richard Horner
Finance Officer Horner reviewed the monthly budget report at 33% of the fiscal budget year completed.
The operating budget is for $21,680,000 and the expense budget with non-operating and operating funds
is for $46,122,000. Council Member Benfield reviewed the budget for Rexburg Rapids. She asked about
the expense for winter maintenance taking up the reserve funds from last year’s revenue surplus of
$28,000. Finance Officer Horner said it was an estimated amount to cover the winterization of the pool
last summer. The pool has a $99,200 reserve plus the $28,000 plus from the operating revenue from the
first season in 2011. There was lost revenue from the blue water slide that was not used during the season.
By the end of January $40,000 had been spent. A quick overview of the budget was presented.
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Calendared Bills and Tabled Items:
A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE
PUBLIC HEARING PROCEDURE: – NONE
B. BILL Introduction: – NONE
E. First Reading: Those items which are being introduced for first reading – NONE
F. Second Reading: Those items which have been first read – NONE
G. Third Reading: Those items which have been second read – NONE
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Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table:
- NONE
Mayor’s Report:
A. Replace employee position in March – Customer Services Department
City Clerk Blair Kay proposed to fill a full-time position which will be vacated in April for the front
counter reception area at City Hall. The current employee will be leaving in April. The work schedule
runs from 7:30 a. m. to 5:00 p.m. in the afternoon. The front counter at City Hall is the presence of the
City to the public. The employees are unable to leave the front counter area because they must maintain
that area of City Hall for customer support.
There is a coverage problem with two employees at the front counter if someone is sick, goes on
vacation, or attends a meeting. Mayor Woodland asked about the scheduling for the 9 ½ hour working
day. City Clerk Kay explained the first shift comes at 7:30 a.m. and leaves at 3:30 p.m. and the later shift
comes at 9:00 a.m. and leaves after 5:00 p.m. The three full time positions are augmented with student
support working less than 20 hours per week on a temporary basis. In order to keep two employees
available at the front counter at all times to maintain a presence, student interns are employed at City
Hall. In addition to the front counter work load, the staff at the front counter support the Legal
Department, Permits for the Building Department, an employee became ill last summer and was unable
to return to work; therefore, the position was filled with a temporary employee until April, 2012. This
temporary employee is currently working at less than 20 hours per week until April.
Council Member Busby asked about the city policy which only allows a temporary employee to work
five months full time.
City Clerk Kay explained the city policy only allows a temporary employee to work five months full time
(20 hours or more) due to the retirement laws requiring the employee to get a retirement benefit if they
work 20 hours or more a week in excess of five months. The City Clerk’s Office uses temporary students
to support the Clerk’s Office. The three full time positions at the front counter provide walk-in and
phone customer support and help other departments at City Hall including the Mayor’s Office and
Economic Development support. The front counter does have a sign-in sheet for walk-in traffic seeking
an audience with the Economic Development Office.
Council President Mann asked if the city was adding any new employee positions. Mayor Woodland
said no; this current position is being filled due to a vacancy.
Mayor Woodland explained the volume of calls have increased coming into the Economic
Development Office. City Clerk Kay indicated the need to do more calendaring at the front counter for
the Mayor’s Office and the Economic Development Office.
Council Member Smith asked about the fees charged to process the utility payments at the front
counter. City Clerk Kay explained Rocky Mountain Power and Intermountain Gas charge $1.00 per
transaction for the City of Rexburg to process the customer’s utility billings; Century Link charges $2.00
per transaction for their billings to be processed at the city’s pay station. The city shares a portion of the
fees (with a third party vendor contracted by the utility company) from the customers to supplement the
city’s General Fund.
Council Member Merrill explained his views about the front counter’s work load from a normal
citizen’s perspective. He said it appeared sometimes the front counter was not very busy; however, when
he reviewed the list of job duties for the front counter employees, he said “wow” they have a lot of duties
on their list of responsibilities. City Clerk Kay explained everyone can be observed having some down
time in an eight hour day; however, he referred to a project the Customer Services Employees completed
as a living document on the web page for the city at “Rexburg.org.” You will find the Municipal Code
which is a compilation of all of the city code back to the beginning of the city in 1883.
This project started in the Legal Department and after two years it was transferred to the Customer
Services Department. BYU-I students were primarily engaged to complete the work. It is a place you can
go and search city records for all city code. It is really a great document which was completed with a lot
of work from the Customer Services Department. Another project we are working on is retyping old
ordinances to be able to search them electronically. The city has over 1075 ordinances on the books.
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City Attorney Zollinger indicated he gave up the project so the Customer Services Department would
have work to do. City Clerk Kay explained he did not have any way to compete with the legal office; but
it was a very good project for the city.
Council Member Busby moved to authorize the Customer Services Department to fill the vacated full
time position (Receptionist) at the front counter at City Hall; Council Member Merrill seconded the
motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Busby
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
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.
A. Minutes from February 01, 2012 meeting B. Approve the City of Rexburg Bills
Council Member Sutherland moved to approve the Consent Calendar; Council Member Smith
seconded the motion; Discussion: Council Member Busby asked about a wastewater bill for contract
labor for $53,000 for design work for the construction of Rexburg Rapids. He asked about a $2,500 bill
to bore under the railroad tracks. Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Busby
Council Member Smith
Council Member Benfield
Council Member Merrill
Council Member Sutherland
The motion carried.
Adjournment at 9:57 P.M.
_____________________________
Richard S.Woodland, Mayor
Attest:
________________________________
Blair D. Kay, City Clerk