HomeMy WebLinkAbout2012.04.04 CITY COUNCIL MINUTES
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April 04, 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
5:00 P.M. – 6:30 P.M. Recommending Committee discussion
Attending: Council President Mann, Council Member Benfield, Council Member Smith,
Scott Johnson, Marianna Gonzalez, and Mayor Woodland.
Items for Consideration:
A. Discussion concerning which committees needs to be continued as recommending committees.
Some committees may be changed to “Advisory” committees from recommending committees.
Economic Development Director Johnson referred to the Arts Council, The Romance Theater,
and Tabernacle Committees. He said after speaking with Arts Council Director RonaLee Flansburg,
they both agreed to have the Romance and Tabernacle Committees changed to advisory committees
under the direction of Arts Council Committee. Council Member Smith asked if this change would
affect the regularity of meetings each committee holds per month. Economic Development Director
Johnson said the advisory committees would be able to meet as often as needed; however, the
advisory committees need to be made aware which recommending committee directs them, and
report to that committee monthly. The recommending committees would then be responsible for
agendas, minutes, including the advisory committee’s reports.
Economic Development Director Johnson said it is important for these committees to know
their correct function. The Romance Theatre Committee was formed as a committee to oversee the
restoration of the theater. The committee members currently help with performances, concerts and
plays; this is something that the Romance Theatre Committee members need to abandon.
Discussion regarding committee members who are currently active. There were names given to
possibly replace the inactive members.
Council President Mann asked which committee members were sent letters. The following letters
were sent to the Teton Flood Museum and the Trails of Madison County Committee members.
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Richard Woodland
City of Rexburg
P.O. Box 280
Rexburg, ID 83440
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x2313
Fax: 208.359.3022
blairk@rexburg.org
www.rexburg.org
City Council Meeting
April 04, 2012
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Teton Flood Museum
Committee Member
Address
Rexburg, ID 83440
Date: 12/13/2013
Dear ___________,
I am writing this letter to thank you for your service to the City of Rexburg and the greater
community. Your contribution is, and has been, greatly appreciated. Your experience on this
committee is highly valued.
Some of the members of this committee have had changes come into their lives that may affect their
ability or desire to serve. This makes it needful to reorganize the Teton Flood Museum Committee
at this time.
If you would like to continue on this committee we encourage you to do so. We in fact, invite you
to stay with us as your knowledge and experience while working towards the betterment of this
community is important.
I have asked Donna Benfield to be the City Council Liaison to this committee. Her commitment,
energy and her desire to serve, along with you, will ensure great results.
Again I express my heartfelt thanks and gratitude for your service.
Sincerely,
Richard Woodland
City of Rexburg
Mayor
===========================================================
Trails of Madison County Committee
Dear ___________,
I am writing this letter to thank you for your service to the City of Rexburg and the greater
community. Your contribution is, and has been, greatly appreciated. Your experience on this
committee is highly valued.
Some of the members of this committee have had changes come into their lives that may affect their
ability or desire to serve. This makes it needful to reorganize the Trails of Madison County
Committee at this time.
If you would like to continue on this committee we encourage you to do so. We in fact, invite you
to stay with us as your knowledge and experience while working towards the betterment of this
community is important.
I have asked Donna Benfield to be the City Council Liaison to this committee. Her commitment,
energy and her desire to serve, along with you, will ensure great results.
Again I express my heartfelt thanks and gratitude for your service.
Sincerely,
Richard Woodland
City of Rexburg
Mayor
==========================================================
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Discussion regarding possibly changing the number of voting members on the recommending
committees.
Council President Mann asked if the Teton Flood Museum Committee should remain as a
recommending committee or as an advisory committee. He said it would be reasonable to have Jill
Spencer, the museum’s curator as a city liaison to the Tabernacle Advisory Committee because she
attends their meetings and gives input and updates this committee on upcoming events held at the
Teton Flood Museum. Council Member Benfield reported there are only two volunteers who
currently serve out of fifteen on the Teton Flood Museum Committee. The attendance at the
museum would increase and attract more business with added volunteers, support with advertising,
and display changes.
Council Member Benfield said there’s a problem with parking; the Madison Library patrons take
up the majority of the parking spaces. Economic Development Director Johnson said the city owns
the majority of the parking spaces to the northeast and up to the library building. Council Member
Benfield is open to suggestions that would help the museum with advertising and with promoting
more business.
Council Member Benfield asked about possibly combining the Trails of Madison County
Committee with the Parks and Recreation Committee. Mayor Woodland said this should be a
separate committee due to the many projects this committee has accomplished. Mayor Woodland
said he would also like to have a county commissioner serve on this committee.
Council Member Benfield said there is a possibility of hosting a historical walking tour of Rexburg
which would be an excellent project for the Trails of Madison County Committee to advance.
Council President Mann said the Golf Board, Emergency Services Board, and MYAB are
functioning suitably as currently constituted.
Council President Mann reported on the Rexburg Beautification Committee; he said due to lack
of funding this committee has been struggling. Mayor Woodland said with proper funding this
committee will be of great service. This committee will be especially beneficial with putting projects
together to beautify the city’s entries ways. Council Member Benfield said getting water to the
entries ways has been an issue in years past.
Council Member Smith commented on Yellowstone Hwy; she said one side is well kept while the
other side is in need of up keep. She said unfortunately, this isn’t the only area in need of up keep.
Council Member Benfield asked about including the Rexburg Beautification Committee with the
Parks and Recreation Committee. Council President Mann agreed that incorporating these two
committees would be best, given that Greg McInnes is the city liaison for the Rexburg Beautification
Committee and the Park Director.
Council President Mann asked if any changes need to be made to the Planning and Zoning
Committee. Mayor Woodland said they are functioning well.
Council Member Benfield asked if changes need to be made to IBC Committee. Mayor Woodland
said he doesn’t believe any changes are need.
Council Member Smith asked if any changes needed to be made to the Legacy Flight Museum
Committee. Council Member Benfield suggested adding Jill Spencer as a city liaison to the Legacy
Flight Museum Committee. She said this would allow for both museums to share information
between each other.
7:00 P.M. City Hall – Pledge to the Flag
Hayden Sorenson led the pledge
Marianna Gonzalez gave the prayer
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Roll Call of Council Members:
Attending: Council President Mann, Council Member Benfield, Council Member Merrill,
Council Member Smith and Mayor Woodland.
Council Member Sutherland & Council Member Busby asked to be excused.
Public Comment: on issues not scheduled on the agenda (limit 3 minutes)
Presentations:
A. TRPTA’s current financial state and future need for support – Amanda L. Ely
Amanda Ely presented a formal request letter for match funding for a 5311 Grant. They have six
buses in the City of Rexburg to serve the community. Her board said it was time to institute a fixed
route in Rexburg. They will be working with Council Member Benfield at the Chamber of
Commerce, the Transportation Committee, and CTAI. The current service in Rexburg is a demand
response service, a door-to-door service that allows one to call the previous day by 4:00 p.m. for
next-day service. It costs $2.00 each way in Rexburg. They are seeking funding for the Rexburg area
in the amount of $60,000. The total match for Rexburg is $161,000 for FY 13. The total grant
amount they are seeking for FY 13 is $518,061. Currently, this will be the first year the budgets will
be silo’ed for each area to be self funded. The service begins around 6:30 a.m. and 7:00 a.m. in the
morning. They only service 10% of the students, and are interested in serving the University.
Council Member Merrell questioned the current service patterns, etc. Ms. Ely explained the
current service. They are seeking more funding now due to the loss in Medicaid funds in the future.
They have taken away unlimited passes and same-day service, which has reduced ridership. They
discontinued the Rexburg to Idaho Falls service too. They are a government entity which prevents
them from a duplication of services, which would create competition.
Council Member Benfield mentioned there are discussions taking place at the Chamber of
Commerce on having a fixed route service. They would like to see if the community would be
susceptible to the service. It sounds good for economic development and ridership in the pedestrian
zones in the city. Mayor Woodland is on the TRPTA Board.
Council President Mann explored the possible stops on a fixed route. Council Member Benfield
explained many locations have been explored. There were twenty to twenty-five people discussing
the possibilities. Ms. Ely proposed putting together sample routes, mileage projections, and fuel and
labor costs.
Council Member Merrill said students may find it faster to walk to the destination verses having to
wait at the bus stop. Ms. Ely said the service would be made as workable and beneficial as possible.
She provided the following letter as an official request for funding.
April 4, 2012
Mayor Rich Woodland
City if Rexburg
35 North 1st East
P.O. Box 280
Rexburg, ID 83440
RE: REQUEST FOR FUNDING CONTRIBUTION FOR FY 2013
Dear Mayor Woodland:
Targhee Regional Public Transportation Authority (T.R.P.T.A.) is requesting the City of Rexburg consider a
$60,000 contribution to Targhee Regional Public Transportation Authority for FY 2013. T.R.P.T.A. is projecting
a $161,608 match requirement for an FT 2013 grant of $518,061.
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Total Rexburg costs for FY 2011 were $414,670. Historically, the use Medicaid revenue funded 100% of all match
requirements.
While preparing the budget, T.R.P.T.A. contacted National Bus Sales in Houston, Texas. National Bus Sales is
one of several sources for bus parts. The National Bus Sales’ parts manager said they were projecting transmissions
would be 37% higher in FY 2013 then they were today. T.R.P.T.A.’s insurance costs increased by an estimated
$16,000 for FY 2012. The budget reflects estimated inflationary increases, plus increased number of trips. Every trip
cost contains both fixed and variable costs and every trip must be subsidized by both grant and local match funds.
ITD has announced they were going to require every grantee pay 100% of every strategy cost overrun while returning
any surplus grant funds from a different strategy to the state for reallocation the following year. For that reason,
T.R.P.T.A. included a vehicle maintenance budget per strategy rather than across the region.
T.R.P.T.A. replaced a total of 14 rural program vehicles in FY 2010 with ARRA funds transferred from Urban
ARRA grant. T.R.P.T.A currently has nine vehicles in Rexburg. If the match requirements for the cost of the bus
plus security cameras and RouteMatch hardware, is allocated over a 5 year period, T.R.P.T.A. must reserve
approximately $28,000 per year to accumulate the necessary match to replace all nine vehicles at the end of five years.
Five years is the FTA estimated useful life for a small cut-a-way. However, as the vehicles will not be used as
extensively in Rexburg as in a more urban area, T.R.P.T.A. will need to accumulate an estimated $20,571 per year
to replace all of the vehicles at the end of seven years.
More Medicaid cuts are predicted for the near future and transit providers must reduce their heavy reliance on
Medicaid revenue as local match. At the same time, the Medicaid broker, AMR refuses to pay any deadhead miles.
The combination of increased costs and system wide declining Medicaid revenue even as the local governments struggle
with the same inflationary pressures as T.R.P.T.A. All funds provided by the City of Rexburg will be used only in
Rexburg.
T.R.P.T.A.’s three ADA compliant buses are available for local emergency response. T.R.P.T.A. provides a prior
day request, demand-response service for all citizens, Monday through Friday, 7:00 a.m. to 5:00 p.m. Service is
provided within the Rexburg area and 15 miles around including service to and from St. Anthony, Rigby, Sugar City
and Menan.
REXBURG AREA DEMAND-RESPONSE DEMOGRAPHICS
Fiscal
Year
Gen
Pub Students Seniors
Seniors
W/Chair Disabled
Disabled
W/Chair Total %Increase
FY 2009 4,778 7,581 2,820 414 15,617 4,266 35,476
FY 2010 6,290 5,035 2,825 468 10,814 3,425 28,857 -18.66%
FY 2011 t 4,359 3,588 1,152 693 10,243 3,681 23,718 -18.0-0%
If any Council member who would like additional information is encouraged to contact the office at (208) 535-0356
and use either Lynn Seymour’s extension – 103, or Amanda Ely’s extension – 110. T.R.P.T.A.’s fax number is
(208) 524-0216. On behalf of the Board of Directors, I would like to take this opportunity to thank the citizens of
the City of Rexburg for working with T.R.P.T.A. since July 2006.
Sincerely,
Lynn S. Seymour
Executive Director
Committee Liaison Assignments for 2012:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council President Mann reported the Golf Board met last night. He explained revenue was up
400% from last year at this time. All is well with Emergency Services. They had a successful fund-
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raiser with Bar "J" Wranglers; they made over $10,000. MYAB met today, they are putting posters
up for the Masquerade Ball, being held on Saturday, April 28th at the carousel.
B. Council Member Jordan Busby: Beautification Committee· Airport Board
Council Member Busby has been excused.
C. Council Member Donna Benfield: Trails of Madison County · IBC · Teton Flood Museum Committee
Council Member Benfield reported Trails of Madison County and IBC have not met. She met
with the Teton Flood Museum curator, Jill Spencer, to discuss parking, signage and patronage. They
are working on ways to improve attendance, and suggested issuing coupons. Mayor Woodland
suggested putting coupons at Rexburg Rapids. Council Member Benfield also suggested the library
and the legacy flight museum would be good locations for coupons.
D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre &
Tabernacle Civic Center)
Council Member Smith said her committees will meet next week.
E. Council Member Jerry Merrill: Parks & Recreation · Traffic & Safety · Urban Renewal Agency
Council Member Merrill reported Parks and Recreation are gearing up for the summer season.
Traffic and Safety Committee met last night to discuss lighting upgrades of the streets, etc. A
student was hit by a car on 2nd West and 1st South. He is OK, with minor injuries. There has been
confusion with the red turn light by the Temple; it will be changed to a standard format.
F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police · M.E.P.I.
Council Member Sutherland has been excused.
Mayor Woodland said the Police and M.E.P.I. are doing very well
Public Hearing:
A. 8:00 P.M. Improvement District No. 42, ("L.I.D. No. 42"). The estimated total cost of the
Improvements is approximately $1,064,400. Approximately $ 906,900 will be paid by the
City, representing the amount of benefit to the general public resulting from the
improvements. The balance of the cost will be paid by a levy of special assessments on the
properties benefited, calculated according to a front foot method or a square foot method,
or in proportion to the benefits derived to such property by said improvements, or a
combination thereof, subject to any variations there from to be determined by the Council.
Presentation by staff:
Engineer Keith Davidson reported they sent out letters to the property owners with the notice of
the public hearing, along with the assessment of their properties pertaining to LID 42. He reviewed
the properties proposed to be involved in the LID. There have been eleven people with concerns.
The main concerns included:
1. 3rd East landscaping
2. Ins and outs of an LID; financing options, etc.
3. Some did not want to pay
4. Some did not think their sidewalk was bad enough
Dear Property Owner,
The City of Rexburg will be reconstructing the street along your property. Attached is a copy
of the replacement criteria used during evaluations by the City of Rexburg and a map of your
property showing the location of areas needing to be replaced or new sidewalk installed.
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Each property owner is responsible for sidewalk, curb and gutter along their street frontage.
The City of Rexburg participates for sidewalk replacement at $1.75 per square foot and
replacement of curb and gutter at $7.70 per linear foot.
Due to scheduling constraints during street reconstruction, property owners will not be
allowed to use their own contractor to replace their curb and gutter. Property owners will be
allowed to replace their sidewalk or install new sidewalk with their own contractor or use the
city contractor.
The cost shown is an estimated amount only; the final costs will be made available upon
completion of the Improvements.
If you have questions about this assessment, please contact me.
Thank you,
Joel Gray, Engineer
208-372-2331
joelg@rexburg.org
PO Box 280
Rexburg, ID 83440
City of Rexburg
Replacement Criteria
Sidewalk sidewa
SIDEWALK
Vertical Displacement
o More than ½ inch
o 1 ½ inch or greater between the sidewalk and back of curbing
Spalling or surface damage
o 50% spalled to a depth of ¼ inch per 5’ section
o Missing pieces of sidewalk (3” x 3”)
Cracks or Fissures
o 10’ or more of cracking per section
o ½ inch wide for 3’ crack
Voids under the sidewalk
Depressions
Safety hazards
No existing sidewalk
CURB & GUTTER
Vertical displacement
o More than ½ inch
Spalling or surface damage
o 50% spalled to a ¼ inch depth per 10’ section
Cracks or fissures
o 3 cracks across per 10’ section
o Greater than ½ inch cracks across section
Depressions or high spots that impede water flow
Back broken off driveway
Safety Hazard
Missing Sections
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Council President Mann asked if anything was worked out in regards to their concerns. Engineer
Davidson said it’s the City Council’s decision, not the staffs.
Written correspondence: - Rachel Woolery submitted a letter which was reviewed by Council
President Mann. She’s concerned about the homes for sale that will be moved off the property for a
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larger project coming for the Fall Semester 2013. She was concerned any work done would be torn
out. Engineer Davidson said to go ahead with curb and gutter, and hold off on the sidewalk. He
recommended giving her a time line to complete the project. They could let the city know if the
driveway locations would change. Council Member Merrill suggested going ahead with the LID
project with letting the developers identifying locations for any new driveway locations.
Council President Mann asked how they would proceed with the concerns being proposed by
different individuals and their properties. Finance Officer Horner said they have to allow each
property owner to address their concerns. City Attorney Zollinger said to keep track of the
individuals concerns as they move forward.
Public Testimony in favor of the proposal (5 minute limit):
Gerald Griffen at 352 South 3rd East is in favor of the project. He has served on the Beautification
Committee in the past, and he is in favor of preserving the site lines that were laid out. He believes
this even though it’s invasive to the property owner’s property because of the sidewalk being set
back 10ft. with a 5ft. sidewalk. He is the one to lose the most in this situation. He believes each
individual should be allowed to approach the City Council with a variation if they see fit. He came in
on behalf of his neighbor, Norma Westwood, who lives on the corner of 3rd East and 4th South. He
has a concern with Mrs. Westwood’s property – if they preserve the 10ft. setback all the way up the
street it will wipe out a lot of his landscaping as well as others. Then when it reaches the corner, 4th
South has a sidewalk right up against the curb coming down from the east going west. Mrs.
Westwood has to contend with not only a 10ft. set back but also a sidewalk that abuts the curb on
4th South. He reviewed the properties involved in the LID. He believes it would be impossible to
stick a side walk in her property, because of the grade, without it severely impacting her property.
He requested they consider a variance for Mrs. Westwood’s property. He asked the City Council to
be sensitive and to allow Mrs. Westwood to do what she needs to do, because to cut it back would
be a tremendous mistake. He appreciated working with the staff; Keith and Joel. They were easy to
work with and accommodating.
Milton Westwood is Norma Westwood’s son. He asked to keep his mother’s sidewalk against the
curb.
Public Testimony neutral to the proposal (5 minute limit):
Steve Hart representing Roger and Sibyl Ferguson as Ferguson and Company Limited Partnership.
Mr. Ferguson owns the Valley River Drive property behind Sonic, which is 1.9 acres, and they have
a 5ft. proposed sidewalk. He is OK with that; however, for years the city has had a lift station on the
corner, which was on their property. He found out when they paid Harper-Leavitt Engineering, Inc.
to survey the property and found a city lift station on the property. He has billed the city for the
encroachment for the past six years, charging them for rent for renting the property. He felt this was
fair, seeing the city built this without seeking who owned the property. About a year ago, Public
Works Director John Millar approached him and they worked out a swap with the city to exchange
Ferguson property with city property. They swapped the land the lift station was on for some of the
land along the road; it was a 1,300 sq. ft. swap. He said Public Works Director Millar assumed the
rent was absolved because of the swap. He is still seeking the rent money.
Mr. Hart gained some frontage and the city gained the property for the city’s lift station. If the city
pays for the back rent he will pay for the sidewalk. He proposed to trade the rent money for the
proposed sidewalk. He has never received any money from the city since they have used the land.
He has sent bills, with added interest, to Finance Officer Horner, Public Works Director Millar and
Mayor Larsen. His last rent bill was over $5,000 to the city. He charged $600 a year. He is asking to
have the city pay for the LID portion square foot for square foot that used to be the city’s land and
he would take care of the rest.
City Attorney Zollinger said there was never a legal obligation to pay Mr. Hart for the land, and
there is no legal debt owed. Mr. Hart asked if there was a moral debt. Council Member Merrill said
they will take that into consideration, what is the legal thing to do versus the right thing to do.
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City Attorney Zollinger asked Mr. Hart what kind of losses he experienced by having the lift
station on the property. Mr. Hart said he allowed the city to dump their excess snow on the
property. City Attorney Zollinger asked if the city prevented Mr. Hart from using the property for a
meaningful purpose. The property was for sale, but they couldn’t sell it because of what was being
stored in the tanks. The property could have been sold for $500,000 and now only for $150,000. The
loss is about $350,000.
City Attorney Zollinger believed that anyone looking to buy it would not be concerned with the
location of the tanks. Mr. Hart was not looking to argue; he already made his proposal and wanted
to move on.
Karen Newman at 141 East 2nd South is part of the Woolery project. She requested a delay for her
portion of the LID; there has been a six week delay with closing due to the 1918 lean dilemmas.
From her point of view she feels their curb and gutter is perfect, and it would just be the sidewalk.
Council Member Merrill said it would be wise to delay the sidewalk portion, the curb and gutter may
be tough to delay.
March 31, 2012
RE: Creation of the L.I.D and Related Sidewalk Improvements
Our Properties Include: 165 South 1st East, 177 South 1st East, 111 East 2nd South, and 117 East 2nd South
Mr. Mayor and Members of the Rexburg City Council:
On behalf of Saqqara Properties Trust and as a Rexburg citizen and property owner, this letter is to express our
appreciation for the consideration being given the L.I.D repaving project. Such projects improve the appearance and
safety for pedestrians walking on our city’s streets.
If the Council decided to approve the L.I.D and proceed with the repaving projects, the Council is encouraged to
consider the following:
1. Saqqara Properties Trust owns and manages four contiguous properties on 2nd South and 1st East in Rexburg.
There properties are located across the street from BYU-I’s Kirkham Building and current are occupied by 44
BYU-I students.
2. Saqqara Properties is aware of the City’s plan to promote high density student housing on lots in close proximity
to the campus.
3. For more than a year Saqqara Properties has worked with Rexburg’s planning and zoning departments on
zoning and other issues needed to implement Rexburg’s high-density strategy. As a result, architect Ken Harris
has designed two new multi-story apartments to replace the four houses currently located on the Saqqara 4 parcels.
These two new residential buildings will house 262 students, will be constructed in the City’s new MU2 zone,
and will serve as efficient proto-types for high density student housing that will have minimal impact on
surrounding neighborhoods.
4. The design and construction of the two new multi-story housing will require removing current sidewalks and
pouring new ones and our goal is to have construction completed for Fall Semester 2013.
5. If the proposed L.I.D repaving were to take place before construction of the two new student housing buildings, the
time, effort and resources spent on such repaving will be wasted.
Therefore, we respectfully recommend any repaving work contemplated at the above listed properties be temporarily
delayed and coordinated as part of the final construction phase of the new student housing construction projects on the
corner of 1st East and 2nd South.
Cordially,
Saqqara Properties Trust
Matthew Whoolery-Trustee
Dennis Richardson-Trustee
Rachel Whoolery-Manager
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Public Testimony opposed to the proposal (5 minute limit): NONE
Mayor Woodland closed the public hearing:
Develop findings and conclusions:
Council President Mann excused himself from any discussion regarding Rachel Woolery and
Karen Newman because he sold the homes.
Engineer Davidson explained the sidewalks are against the curb if the city does not own the right-
of-way. The initial layout was set for 99ft. right-of-ways, and then they were brought down to 60ft.
right-of-ways, which did not allow enough room to set the sidewalk back. That is why those
neighborhood sidewalks are against the curb and gutter. This proposes several issues: plowing snow
onto the sidewalk, mailboxes on the sidewalk, and runoff going between the curb and gutter causing
erosion. The city really wants to push sidewalks away from the curb and gutter.
Public Works Director Millar said it may be possible to develop a solution with the property
owner where real issues exist; then bring the proposal back to the City Council for approval. Council
President Mann said the location has been problematic.
Engineer Davidson explained this is a three reading process. Final decisions don’t have to be made
at this time.
Council Member Smith said she was the agent on sale of Council President Mann’s properties.
Discussion on the property mentioned by Mr. Hart:
Council Member Merrill would like to work with the Fergusons to amend the discrepancies.
Mayor Woodland asked if the lift station was within the city’s right-of-way; it’s in the right-of-way.
It’s one above ground 500 gallon fuel tank.
City Attorney Zollinger said the encroachment to the property was approximately 200 square feet.
The corner stuck out, and it was not relevant to the property at the time. It was between the canal
and the City’s right-of-way. It was less than 30ft. wide. This transpired 25 years ago. The street was
created as a remnant piece of property. It had little or no actual value. The city worked with the
Ferguson family on the original installation. The city responded to the billings; however, the
property was allowed to be used for snow storage by the Ferguson’s.
Council Member Merrill, Mann and Benfield wanted to work with property owners including
Mr. Hart to work out an equitable agreement with each party giving a little. The adjustments will be
made before the Second Reading.
Council Member Merrill moved to approve the first reading of Local Improvement District No.
42, ("L.I.D. No. 42") as presented; Council Member Benfield seconded the motion; Mayor
Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
The motion carried.
Council President Mann thanked the neighbors and neighborhoods for working with the city on
these LID improvements. Mayor Woodland hopes to make everyone happy.
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Dawn Anderson at 324 South 3rd East is neutral about the LID improvements. She requested more
information on the need for sidewalks. She understands the need for streets, curb and gutter. In the
past sidewalks were done when the property changed hands.
Engineer Davidson explained it’s a cost benefit to the home owner to do the work in conjunction
with other properties being improved on the street. She wondered why the push now; knowing
streets are in bad shape. Discussion followed on getting your own contractor to do the work with
inclusion into the LID financing.
Engineer Davidson explained it’s cost effective and more efficient to get the work done timely.
She asked what factors go into the cost estimate. Her cost estimate was over $4,700. Tree removal
probable bumped her cost higher. She could do her own tree removal. Her trees were set back to
allow for street widening; however, they were installed where the new sidewalk is to be located.
She would like to save the trees. Finance Officer Horner said the estimate did not include
landscaping. Ms. Anderson’s property has more linear feet of frontage.
Council Member Benfield said the estimates are usually high.
Ms. Anderson asked about repairing damaged sprinkler systems. They will be repaired as the
project moves forward through the property.
Items for Consideration:
Staff Reports:
A. Public Works: – John Millar
Public Works Director Millar:
1. They will be working on a new fiber line going from the swimming pool over to the
wastewater treatment plant. They completed a connection under the railroad tracks,
which will tie city hall, the wastewater treatment plant, the water department, shop, and
the animal shelter into the central system. The city will be able to monitor these facilities
with cameras for better security.
2. Traffic signals on Main Street are fully operational, and the sidewalk will be completed
in two weeks. Street projects that were approved earlier in the year are involved with the
LID process, hearing will be later this evening.
3. The repaving project on North 2nd East is moving forward by Hwy U.S. 20. The bid
will go out tomorrow; an earlier bid allows them to schedule the asphalt grinding machine
in advanced.
4. New well on the hill is at 250 feet. They have encountered soft materials when drilling,
which caves in. They have to pour 20 ft. of concrete then drill through the concrete.
5. The recycling project is moving forward with Cresthaven and Hidden Valley
Subdivisions. The town hall meeting did not get a good turnout, but received a good
response. The recycling bins have been distributed, and it will be monitored for two
months. If it goes well, a proposal will be presented to the City Council to go city wide.
Council Member Smith asked about the North 2nd East project, and wondered if the
construction on Hwy U.S. 20 would conflict. Public Works Director Millar explained they
have to do the project when the equipment is available, and they will try and coordinate the
projects with ITD. Council Member Smith asked about the completion of the 7th South
Bridge; the 7th South Bridge was accident free.
Council Member Merrill asked about a bill for a hydraulic filter system for irrigation water
for the parks. It’s a filtering system for the irrigation water; it replaces a manual process to
clean the water, and has a higher capacity to filter.
Council President Mann asked about the detours for North 2nd East. The Moody Road
route would be one detour route. They have inspected the base for adequate gravel down to
two feet.
12
B. Finance Department: - Richard Horner
Finance Officer Horner reviewed the budget calendar on the overhead screen. He proposed
moving the City Council meetings to the Second and Fourth Wednesday’s of July and August. It will
then be July 11th and 25th and August 8th and 22nd.
1. Review Budget Calendar
2. Set Public Hearing Date (by motion) for Budget (July 25, 2012).
Motion to set a public hearing was deferred to the next meeting.
3. Review City Council Drive-Around Date
Council President Mann said they have scheduled Wednesday May 16th for an all-day drive-
around. A discussion on setting a different drive-around date continued. The drive around was
suggested to be on May 02, 2012 from 10:00 a.m. to 6:00 p.m. in conjunction with the local
legislators’ meeting in Rexburg. The drive-around helps in setting the budget.
A discussion and review continued on the 2012 budget calendar. The tentative budget has to be
published by July 11th, 2012. The budget hearing will be on July 25th. They will review the calendar at
the next meeting before finalizing the calendar.
4. Review Employee Cost of Living Adjustment (COLA)
Finance Officer Horner said the COLA was 2.9% (annual consumer price index change from the March,
report in 2011). The benefit increase was 4.9% for the 2011 budget. This budget item will be reviewed
for approval later in the budget cycle.
Council President Mann moved to put the employee cost of living benefit increase of 2.9% in the
budget for later consideration; Council Member Benfield seconded the motion; Mayor Woodland
asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
The motion carried.
Finance Officer Horner reviewed an agenda item from the last meeting, on March 21st, regarding
Service Line Warranties of America offering insurance to Rexburg residents on their sewer and
water lines. He checked around and no one offers this type of insurance in Rexburg. He believes it
would be a great deal for some people, and would like to allow Service Line Warranties of America
to present this offer to the City of Rexburg. He suggested handing out a mailing list to the company
to offer the insurance. City Attorney Zollinger was unsure of giving out a mailing list to a
commercial vendor, unless it was required of the citizens. He asked for more information before
coming to a decision.
Council Member Merrill thinks it’s a good program. He is worried if the city is involved; any
problems will be attributed to the city.
Council President Mann does not want the city to endorse the program.
Finance Officer Horner explained the National League of Cities has endorsed the insurance for
sewer lines failures. The insurance is only for residential customers, and he believes the information
should be offered somehow. It could be offered as an informational item to residents through bulk
mail.
13
Calendared Bills and Tabled Items:
A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE
PUBLIC HEARING PROCEDURE: – NONE
B. BILL Introduction: – NONE
C. First Reading: Those items which are being introduced for first reading.
1. Ordinance 1082 to Rezone 415 and 437 West 6th South from High Density
Residential 1 (HDR1) to High Density Residential 2 (HDR2).
Discussion:
Council President Mann moved to the first read Ordinance 1082 to Rezone 415 and 437 West 6th
South from High Density Residential 1 (HDR1) to High Density Residential 2 (HDR2);
Council Member Merrill seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
The motion carried.
2. Ordinance 1083 for the creation of LID 42.
Motion was done under the public hearing discussion.
Council Member Merrill moved to approve and first read Local Improvement District No. 42,
("L.I.D. No. 42") as presented; Council Member Benfield seconded the motion; Mayor Woodland
asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
The motion carried.
D. Second Reading: Those items which have been first read:
1. Ordinance 1081 to sell 10 yr warrants in the amount of $300,000 through a bid process
for LID 40.
Discussion:
Council President Mann moved to second read Ordinance 1081 to sell 10 yr warrants in
the amount of $300,000 through a bid process for LID 40; Council Member Smith seconded
the motion;
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
The motion carried
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E. Third Reading: Those items which have been second read – NONE
Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table:
- NONE
Mayor’s Report:
1. Burning within the city:
Mayor Woodland received notice that people were concerned about the health hazards
associated to burnings within the city. Burnings are allowed within city limits, residents are
required to call the Madison Fire Department to notify them of the burn.
City Attorney Zollinger explained residents can not burn household wastes. Timber, dry
yard waste and camp fires are permitted. If the smoke from the fire becomes a nuisance to
the general public; it would need to be curtailed. The City Council was agreeable with the
current ordinance.
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 March 21 & 28, 2012 meetings
B. Approve the City of Rexburg Bills
C. Spring Yard Clean-up dates from April 9th to May 18th – Staff
Council Member Benfield moved to approve the consent calendar; Council Member Merrill
seconded the motion; Discussion: March 21 minutes:
Council Member Smith noted items to be changed on the March 21, 2012 minutes. Page 8 said,
“chain length” change to “chain link”. Change “Council Member Smith thinks it is a good project”
to “It was a good fit for the area” on page 8, because there was no project. Her comments, on the
bottom of page 13 needed amending. It said she asked about responses to the LID payments, but
she was really asking about the large amount for LID payments, such as the school district and the
Ferguson property, and how it was handled in the past.
Council Member Benfield amended her motion to approve the consent calendar to include
changes to the March 21, 2012 minutes as discussed; Council Member Smith seconded the amended
motion; Discussion: Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
The motion carried
Council Member Merrill moved to adjourn; Council President Mann seconded the motion;
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
The motion carried
15
Adjournment
_____________________________
Richard S. Woodland, Mayor
Attest:
________________________________
Blair D. Kay, City Clerk