HomeMy WebLinkAbout2013.06.05 CITY COUNCIL MINUTES
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June 05, 2013
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
Mayor Woodland welcomed everyone to the meeting.
Police Officer Shawn Scott led the Pledge to the Flag.
Karl Ransom said the Prayer.
Roll Call of Council Members:
Attending: Council President Mann, Council Member Benfield, Council Member Sutherland,
Council Member Merrill, Council Member Busby, and Mayor Woodland.
Council Member Smith asked to be excused.
Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes) – NONE
Presentations: – NONE
Committee Liaison Assignments for 2013:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council President Mann reported the Golf Board and Emergency Services did not meet;
MYAB have been busy doing door hangers for the upcoming “Envision Madison” meetings.
Envision Madison is a community wide effort to plan for future growth in Madison County.
B. Council Member Jordan Busby: GIS Oversight · Airport Board.
Council Member Busby reported GIS did not meet; the Airport Board met today and they
have some budget questions that will be discussed in a future meeting.
C. Council Member Donna Benfield: Trails of Madison County · IBC · Teton Flood Museum Committee
· M.E.P.I.
Council Member Benfield reported Trails of Madison County met to discuss a new bike
park. She indicated it was a preliminary discussion about a great location for a future bike
park. It will be a great addition to the community. MEPI met last Monday to discuss Envision
Madison’s upcoming meetings starting with the June 13th kickoff meeting. More meetings are
scheduled for June 18th, 19th and 20th. MEPI is the sponsor for Envision Madison. It is an
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
June 05, 2013
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opportunity for everyone in the community to attend these meetings. Mayor Woodland said it
is a great opportunity for citizens to provide input into the process.
“What will Madison County look like in 50 years?”
“130 years ago pioneers came to this valley and saw in the sagebrush covered land a vision of a
thriving community. They laid the foundation for cities, and in 1913 a county, which reflected the
values they thought important: community, family, and education; a place of gathering where their
children and grandchildren could live, work and raise families. We are the beneficiaries of their
vision, in the infrastructure, roads, and towns they founded.
Today, our community is growing and changing. Over the last decade Madison County has
experienced unprecedented growth, which has brought opportunities and challenges that were
not dreamed of ten years ago. These opportunities require us to ask some hard questions,
questions that will affect the way our area develops for the next 50 years. These questions
include: How can we develop the jobs that will keep our community economically viable for the
long term? How will growth affect our open areas? How do we maintain quality of life?
Envision Madison is a community driven effort to help identify and develop a "vision" for the future
of Madison County.
Envision Madison Stakeholders will select elements of the scenarios they think should be
explored. The reaction to the scenarios will serve as the basis for the vision's products: a set of
goals, along with a vision scenario that illustrates one plausible way these goals might play
themselves out in the cities and county. Envision Madison will then take the principles and vision
scenario and translate them into an action plan that includes both strategies and short-term
tactics to shape the future of Madison County.
We invite you to join us in this effort to shape the future of our community for our children,
grandchildren and all who choose to make Madison County their home.
We invite you to share with us your top five concerns or challenges that we as a community need
to address. Examples: infrastructure, jobs, etc. You can email us at
Info@EnvisionMadisonCounty.org.”
D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre &
Tabernacle Civic Center, Orchestra)
Council Member Smith was excused.
Mayor Woodland reminded the City Council of the upcoming event at the Legacy Flight
Museum this Friday where GOVENOR C.L. “Butch” Otter is holding his “Capital for a Day”
event. Everyone is invited to come and asked the Governor their questions about state
government.
E. Council Member Jerry Merrill: Beautification Committee · Parks & Recreation · Traffic & Safety ·
Urban Renewal Agency
Council Member Merrill reported the city parks very busy and they are being used a lot; the
splash park is busy. Rexburg Rapids will be opening soon. The weather will be great this
weekend for all Teton Dam Marathon events. Traffic and Safety met last night; the signage and
other requests for new high intensity lights have been done on pedestrian crosswalks. There is
$200,000 remaining in the city lighting fund. The Traffic and Safety Committee would like the
City Council to approve additional sights for new lights. The remaining funds will do a pretty
good number of lights to improve street lighting. The availability of power to street light sights
varies the cost for new lighting. Some of the crosswalk lighting has been raised to help improve
the lighting for pedestrians. The pedestrian crossings at the round-about on 4th South are being
reviewed to see if a better location can be found to improve pedestrian street crossing safety.
ITD has funding to enhance railroad crossings; Public Works Director Millar will be working
with ITD to obtain some funding to enhance railroad crossings in Rexburg. ITD is also looking
for ways to help improve the on/off ramps on Hwy 20 for Rexburg.
F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police
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Council Member Sutherland indicated Planning and Zoning will be meeting tomorrow night.
The Police Department is doing well; the Madison School Board has not met.
Council Member Sutherland requested to confirm the appointment of Melanie Davenport to
replace Scott Ferguson on the Planning and Zoning Commission.
Council Member Busby moved to confirm the appointment of Melanie Davenport to replace
Scott Ferguson on the Planning and Zoning Commission; 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 Sutherland
Council Member Merrill
Council Member Busby
The motion carried.
Mayor’s Report:
Mayor Woodland indicated the Engineering Department has requested a budget adjustment
request for Keith Davidson’s schooling to achieve an MBA Degree at BYU in Provo.
Discussion: City Attorney Zollinger said there will be a claw back clause in the agreement to ensure
the employee maintains employment with the city for a number of years in proportionality. The total
cost of the program is $45,000. The request will require $11,000 to be directed to the program each
year in 2013 and 2014. Council Member Busby reviewed the salary and certification benefits with the
new certification. Council Member Sutherland was complimentary towards Mr. Davidson’s excellent
service for 11 years for the city. City Attorney Zollinger indicated the police have a three year claw
back clause when their employees go to Post Academy. The criterion used to allow employees to
participate in the educational benefit program is the program must benefit the department.
Discussion of other employees that have used the program. Some departments do not use the
program due to the lack of upward mobility in the department. Police Department employees and
an employee in the Finance Department have used the program.
Council Member Merrill moved to approve the request to participate at 50% match towards the
MBA Degree for Keith Davidson with a claw back clause for a number of years in proportionality to
the employee’s benefit for up to $22,000; Council Member Sutherland seconded the motion;
Discussion on the same policy concerning other departments. Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Sutherland
Council Member Merrill
Council Member Busby
The motion carried.
Public Hearings: – NONE
Items for Consideration:
A. Approval of Fireworks Stands – Staff
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BL # Company Name Address of stand
2376 TNT FIREWORKS 530 N 2ND E (WALMART)
2374 TNT FIREWORKS 124 W MAIN (BROULIM'S)
2820 FAMILY FUN FIREWORKS
125 VALLEY RIVER DRIVE (VALLEY RIVER
CENTER)
2204 BIG BEAR OF UTAH/PHANTOM FIREWORKS 490 N 2ND E (ALBERTSON'S)
2572 POWWOW FIREWORKS 404 N 2ND E (CAL RANCH)
2818
JK MARKETING LLC/ ACME DISCOUNT
FIREWORKS 328 N 2ND E
City Clerk Blair Kay reviewed the process to obtain a Fireworks Stand Permit. The applicant must
obtain a Business Registration along with a permit for each Fireworks Stand. The Business Registration
is $20.00 and the Fireworks Stand Permit is $50.00. The applicant’s application is reviewed by staff
before the Madison Fire Department does the inspection and delivers the Fireworks Stand Permit. The
permit is authorized from June 26th to July 26th.
Discussion:
Council Member Benfield moved to approve the Fireworks Stands Permits; 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 Sutherland
Council Member Merrill
Council Member Busby
The motion carried.
B. Surplus Real Property at approximately 278 North 2nd West – Idaho Statute 50-1402;
Declaration, either in the form of a minimum dollar value, or an explanation of an intended
exchange or conveyance for other than monetary consideration shall be made on the record at a
public meeting of the council. The city council may also declare that the subject property will be
offered for sale without establishing a minimum price. The city shall publish a summary of the
action taken by the city council in the official newspaper of the city and provide notice of a
public hearing before the city council on June 26th, 2013.
City Attorney Zollinger explained a portion of the property would be retained for a future
pathway. It is 4.27 acres in size at an expected value of $70,000 per acre. The sand shed is currently
located on the property. The plan is to relocate the sand shed to the city’s shop area to avoid
transporting the sand to and from this location.
Discussion:
Council Member Sutherland moved to approve by resolution the surplus of Real Property at
approximately 278 North 2nd West; Council Member Merrill seconded the motion; Discussion:
Council President Mann had a real problem with selling the property. He was not in favor of selling
the property in case there was a future opportunity to develop the property for a city park. He
requested more information concerning the possibilities for the property including transferring the
property or exchanging the property for a city park in another location, etc.
City Attorney Zollinger indicated the cost to convert the property to a park would be cost
prohibitive. It has a number of concrete bunkers on it plus it is inaccessible from the street. The
property adjacent to this property is going to be developed which would require the city to develop a
road back to the sand shed. Public Works Director Millar did not want to spend the money on the
road verses the relocation of the sand shed.
City Attorney Zollinger indicated there was a rodent problem in the area. The property is not big
enough for soccer or baseball fields and it would cost a $100,000 to put the property into grass.
Council President Mann did not recommend spending money on the property at this time.
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Council Member Busby asked if the revenue would be used to relocate the sand shed. City
Attorney Zollinger explained the allocation of funds would be determined by the City Council.
The proposed sale price was derived from real estate inquiries.
Council Member Benfield indicated the property is a liability to the city due to its location. City
Attorney Zollinger said it is an attractive nuisance area. Police have to go into the area to control
vandalism, etc. The staff does not feel the city has a need for the property. This property is adjoined
to the east by a property owned by Eastern Idaho Railroad (WATCO). The plan is to add a bike
path section across this property going west. The proposal includes vacating a railroad crossing in
exchange for a bike path crossing. It would require further negotiations with adjoining property
owners including the railroad.
Discussion on putting the funds towards parks development.
Council Member Busby moved to make a substitute motion to surplus the property and earmark
the revenue from the land surplus sale for beatification or parks; Council Member Benfield
seconded the motion; Discussion: Council Member Merrill asked if the need arose in the future to
use the funds for an emergency or another city project, could the funds be reallocated? Council
President Mann said this City Council could not bind a future City Council from reallocation the
funds for an emergency, etc. Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Benfield Council President Mann
Council Member Sutherland
Council Member Merrill
Council Member Busby
The motion carried.
Staff Reports:
Public Works: – John Millar
A. Surplus equipment and material that is old, broken, or unused including a John Deere Loader.
John Millar explained the list to the City Council. The three vehicles will be put in Gale Harding’s
auction. These vehicles usually bring between $500 and $1,000 dollars. The John Deere loader is a
two year old loader. He would like to replace the loader by selling it now and getting a new loader
with pricing from a piggy back bid from ITD. This loader can be sold for $130,000 to $140,000 and
the replacement loader could be purchased for about $130,000. The plan is to rotate the two loaders
the city owns every two years at minimal or no cost. The advantage is the units will be new and
under warranty by piggy backing on state bids.
Discussion: The city does not buy new equipment like road graders in every case because some
equipment is not used enough to warrant a new purchase. The Bob Cat front end loader is an item
that could take advantage of this program. The surplus bicycles will be sold in the police auction.
These bicycles came from the Police Department because there was not enough storage room and
these bikes are in very poor condition. City Attorney Zollinger explained these were overflow bikes
form a building that was full of bicycles. Some of the stockpile of bikes came from BYU-I when
they had to legally remove 100 plus bikes from their location. The repairs to these bikes could cost
more than a new bicycle. This process only declares the items surplus so the items can be sold at the
highest dollar amount possible through an auction, etc. City Attorney Zollinger explained the list of
items is declared to be excess by the department heads and the City Council is being asked to
approve the list of items as surplus to be sold for as much money as possible through a legal
process. One method of disposal is a public auction held by Gale Harding. Tonight the City Council
is being asked to approve the list of items as surplus so the Department Heads can dispose of the
items through a legal process.
Council Member Busby moved to approve Resolution 2013-05 for the surplus list of old
equipment and excess material; Council Member Benfield seconded the motion; Mayor Woodland
asked for a vote:
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Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Sutherland
Council Member Merrill
Council Member Busby
The motion carried.
Public Works Director Millar reviewed city projects.
1. TMC Contractors hit the power line by the fairgrounds tonight and some of the city lost
power.
2. There was a broken water line on 2nd East due to an installation 42 years ago on a six inch
water line. The pipe was resting on a rock and it finally broke.
3. The Sugar City School District had five hundred kids at the splash park today when a
$485.00 pump motor failed. It will be repaired tomorrow.
4. Rexburg Rapids is ready to go. They are doing staff training to get life guard certifications.
5. 5th West apartment project has closed the road for two days to pave. A local resident was
unhappy with the road closure. The road will be open in the morning.
6. The 5th West wastewater line project by Kennedy School has another 500 feet of wastewater
line to install on the south end of the project.
7. The State will be finishing the Main Street sealing project by the end of next week which is a
month ahead of schedule.
8. The treatment plant is on schedule with completion in mid to late August.
9. A new well pump is out to bid on Well Seven at the elevated water tank.
Finance Department – Richard Horner (Excused)
Building Department – Val Christensen
Community Development Director Christensen reviewed a list of new permits. The building
value for the new permits was $19,923,786; $621,859 of the building value is for buildings in Rigby
where the Rexburg building inspectors do the building inspections. He discussed the process for
processing a building permit and inspections for the buildings. Impact Fees are the largest fees for a
building permit.
Discussion on which Impact Fees would be charged for this project. Parks Impact will not be
charged for the cogeneration project.
Discussion on the permit cost of a building in Rexburg. The cost to take out a building permit is
higher due to the cost of Impact Fees and other city fees. The building permit fee portion of the fees
is about 20%. The Rexburg Building Permit Fees come from the 1997 UBC. Most of the
surrounding cities use the 1997 UBC for their building permit fees. There is a new cogeneration
plant being reviewed for BYU-I University.
The city’s tax structure is lower to compensate for the higher building permit fees. It levels out in
four or five years.
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: – NONE
D. Second Reading: Those items which have been first read: – NONE
E. Third Reading: Those items which have been second read: – NONE
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Consent Calendar: The consent calendar includes items which require formal City Council action,
however they are typically routine or not of great controversy. Individual City 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 May 15, 2013 meeting
B. Approve the City of Rexburg Bills
Discussion: Council Member Busby asked what the total cost was for Envision Madison. The city
has committed to pay $30,000 towards the process. There are multiple contributors to Envision
Madison. Discussion concerning Envision Madison.
Council President Mann moved to approve the Consent Calendar and pay the bills; 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 Sutherland
Council Member Merrill
Council Member Busby
The motion carried.
Council Member Sutherland moved to go into Executive Session per Idaho State Statute 67:2345
(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and
legal options for pending litigation, or controversies not yet being litigated but imminently likely to
be litigated. The mere presence of legal counsel at an executive session does not satisfy this
requirement; Council Member Busby seconded the motion; Mayor Woodland asked for a roll call
vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Sutherland
Council Member Merrill
Council Member Busby
The motion carried.
Executive Session: 8:18 P.M.
Executive Session ended. 8:32 P.M.
APPROVED:
_____________________________
Richard S. Woodland, Mayor
Attest:
________________________________
Blair D. Kay, City Clerk