Loading...
HomeMy WebLinkAbout2013.08.07 CITY COUNCIL MINUTES 1 August 07, 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. Shane Turman led the Pledge to the Flag. Ian Zollinger said the prayer. Roll Call of Council Members: Attending: Council President Mann, Council Member Benfield, Council Member Sutherland, Council Member Merrill, Council Member Smith, Council Member Busby and Mayor Woodland. Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes) Steve Oakey at 25 South 3rd East indicated over time through introspection he has changed his opinion on certain issues. He read a statement requesting the City to change the zoning and land use policy based on recent land use studies. Mr. Oakey reviewed the February 18, 2002, Preliminary Draft Comments from “Discussion Paper Number 1948” from the Harvard Institute of Economic Research. In the Welcome Comments the question was asked: Does America face an affordable housing crisis and, if so, why? This paper argues that in much of America the price of housing is quite close to the marginal, physical costs of new construction. The price of housing is significantly higher than construction costs only in a limited number of areas, such as California and some eastern cities. In those areas, we argue that high prices have little to do with conventional models with a free market for land. Instead, our evidence suggests that zoning and other land use controls play the dominant role in making housing expensive. This paper was written for the conference on “Policies to Promote Affordable Housing” sponsored by the Federal Reserve Bank of New York and the New York University School of Law. We are grateful to our discussant, Dan O’Flaherty, for his comments. Mr. Oakey did not believe it was the intention of the City Council to diminish the economic well of the community by the decisions they make in the City Council Chambers. He believed “we” have 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 August 07, 2013 2 deep concerns with the economic well-being of each and every one of “our” citizens. He quoted Paul Krugman’s New York Times Article concerning the combination of High Population Density and Land Use Restrictions making it hard to build new homes. In the New York Times article: That Hissing Sound By PAUL KRUGMAN Published: August 8, 2005 “But in the Zoned Zone, which lies along the coasts, a combination of high population density and land-use restrictions - hence "zoned" - makes it hard to build new houses. So when people become willing to spend more on houses, say because of a fall in mortgage rates, some houses get built, but the prices of existing houses also go up. And if people think that prices will continue to rise, they become willing to spend even more, driving prices still higher, and so on. In other words, the Zoned Zone is prone to housing bubbles. And Zoned Zone housing prices, which have risen much faster than the national average, clearly point to a bubble.” Mr. Oakey asked for a city committee, comprised of citizens, to review the Development Code to make it smaller. He would like to serve on the committee to review the Development Code. ========================================================= Blake Garner representing: Mr. Garner indicated they would like to work with the City Council on their high density community. They are concerned with pedestrian safety and other issues for the development. Council Member Busby reviewed the roadways inside the development. The interior streets do loop together. There are two roads with only one true entrance as indicated in the parking plan. Presentations: A. TRPTA – District Coordinating Council (DCC) Addendum Application – Lynn Seymour, Board Chair Burke Webster and Amanda L. Ely TRPTA Board Chair Burke Webster at 3429 Boulder Creek Lane, Ammon, Idaho said he was very discouraged. Last December Mayor Woodland directed the TRPTA Board to make every effort possible to get a fixed route system up and running in Rexburg. Since then the TRPTA Board has directed Amanda and her staff monthly to do everything in their power to get a fixed route system up and running in Rexburg. Mr. Webster has been a member of the TRPTA Board for five years with two goals in mind. The 1st was to have a fixed route in Idaho Falls and the 2nd goal was to have a fixed route in Rexburg. He was disappointed they were one meeting away from achieving the second goal. He indicated they have achieved a fixed route system in Idaho Falls and that system is running effectively now. It is doing very well given the limitations with public transportation. Without any additional support from Rexburg funding, they only needed the Mayor’s full verbal support at the District Coordinating Council’s (DCC) meeting to say the proposal TRPTA had on the table would effectively serve Rexburg until a better system could be developed. 3 Mr. Webster did not believe TRPTA was the only answer to Rexburg’s transportation issues; however, he believes it is the best answer. He did not believe TRPTA’s proposal was the best proposal; He did not think it was the best service TRPTA could offer to Rexburg; however, it would have been up and running September 1st, 2013. With the Mayor’s verbal support they could fairly easily have a system up and running in Rexburg by April, 2014. He felt they missed an opportunity to have a fixed route system up and running by September 01, 2013 with the new school year. Mr. Webster noted the Mayor was not a fan of TRPTA’s Business Model for Rexburg; Mr. Webster was not a fan either; because of the lack of fixed route in Rexburg and that public transportation requires public support and public funds to operate. They leave hundreds of thousands of dollars on the table from the Federal Transit Administration and the Idaho Transportation Department every year due to the lack of local elected entities support. Council Member Merrill questioned the timing indicated for a fixed route system by Mr. Webster. Mr. Webster responded that the fixed route system could have been implemented immediately with the Mayor’s verbal support and that it could have changed after the reports came in from Envision Madison. Amanda Ely indicated the FY2013 grant money was available upon DCC’s approval. Ms. Ely said it was the money that they were going to use in the current grant year, and that is why they were not going to ask for additional money. It was only a matter of changing the scope of work with the DCC. It would have required public meetings to make the change. Council Member Smith said recent proposals included large amounts of money. Ms. Ely said it was confusing; however, ITD wanted local government entities to provide matching funds before awarding the grant funding. She started in 2011 asking support for 2013. In 2012 she came to Rexburg looking for 2014 support. Most of their funding comes from MEDICADE grants. Ms. Ely said they lost matching dollars when a broker entered the picture requiring a revenue share to the broker after 2011. Council Member Sutherland said the grants were not a secure source of revenue. Mr. Webster said they are very MEDICADE dependent; however, they would like to expand the service and expand the revenue source into the private sector. Council Member Sutherland said it was difficult to understand exactly what TRPTA is asking in their business plan. Mr. Webster would like to see a check that says if they didn’t make enough money the City would give them the rest. Council Member Sutherland did not like this suggestion. Mr. Webster said they are trying to move away from the appointment (reservation) type system to a fixed route system which requires a commitment from Rexburg. Ms. Ely said the commitment amount could vary based on the fixed route system plan the city would receive. She did not know what the final fixed would be until the matching funds could be solidified. Council Member Busby asked for information on the ridership for TRPTA. One of the issues is the lack of bus times in the evening and Saturdays. Ms. Ely said that because of the funding issues the times in the evening and Saturdays are cut back. Some of the funding source could be matching funds from in-kind donations for signs and benches, etc. She had a plan in mind; however, she did not want to get too far ahead of the process. Council President Mann indicated he was not real comfortable with Mr. Webster’s comments. He was not aware of any City Council member asking Mayor Woodland to spend the money for the matching funds. He was not willing to give that kind of money on an unknown, not exactly sure, plan from TRPTA. He reviewed the Planning and Zoning effort to put the high density apartments close to the University Campus which reduces the need for transportation. He indicated the need for private concerns to be a part of the matching funds request; thus, allowing private business to be a part of the business plan to pay to get customers to their businesses. He did not think it was his job to spend people’s tax dollars to get people down to Wal-Mart. 4 Council President Mann was supportive of public transportation; however, he did not want to create urban sprawl. He said Mr. Webster is critical of the City not wanting to spend the money; however, there was not constituent support to go ahead and spend the money now. Mr. Webster said the City did not have to spend any money now. Mayor Woodland said the City was asked for money. He said no one told the City that TRPTA was not asking for money. 5 ======================================================== Mayor Woodland indicated four years ago as a member of the board he asked TRPTA to wrap buses with advertising for a source of revenue. After four years on the board, only two buses have been wrapped. Mr. Webster said Idaho Falls now has four buses wrapped. Ms. Ely said it costs $4,000 to wrap a bus. Mayor Woodland said the business advertising on the wrap should pay the cost. Ms. Ely said the money requested was for the 2014 budget. Mayor Woodland said TRPTA needs a business plan that explains the details. Mayor Woodland was critical of the business plan because it did not make any sense. Plain and simple, the business plan was not anything he wanted to invest in with tax payer dollars. Mr. Webster said it did not require any additional investment (in 2013). TRPTA never told the City that information. Mayor Woodland asked how much money is TRPTA asking for tonight? Mr. Webster said he was not going to ask for any money tonight; however, there will be a request later. Mayor Woodland said “when we said no, all of a sudden you didn’t want any.” Mr. Webster said they will ask for additional money when the time is appropriate; however, tonight is not that night. When the grant process comes around they will ask for support and more money than the City gave last year. Mr. Webster asked the City Council to take an active role in “Envision Madison” and decide if public transportation (fixed route system) is your vision for a public transportation system. If it is, then is TRPTA the one to provide that system. Mayor Woodland said that is the question. Mr. Webster said that he would not mind if they choose another transportation system to provide the services for Rexburg’s needs. As a former citizen of Rexburg he looks to see a better transportation system and that he did not like the students in the cross walks, the congestions around the University, and the traffic going to and from the local businesses. Maybe the local businesses would pay for the transportation services. Mayor Woodland believes that TRPTA could presale rides if they would go to the local apartment complexes and said that for so many dollars you will get this many rides. Mr. Webster responded that the dollars they get for preselling rides does not give them the access to federal funds. They get 6 a better bang for their buck when they apply for federal grants with matching money from local city entities. Mayor Woodland’s intent is to look after the taxpayers’ dollars. He also defended the representative he sends to the DCC meetings as being very capable and that she is their every time. Mr. Webster encouraged the Mayor and City Council to be active in the Envision Madison project and decide if public transportation is something they want; if a fixed bus system is something that they want, and if they want TRPTA to fulfill those needs. They would be glad to match any plan the City of Rexburg wants and TRPTA would put together a plan with actual costs. City Attorney Zollinger asked if Mr. Webster was a member of or familiar with the LINX Coop. Discussion on the “LINX Coop” transportation group as an entity to go to for public transportation advice. Mr. Webster said they were not involved with LINX; however, he recommended CTAI as another option to discuss public transportation. Council Member Benfield said she would contact other transportation entities. Council Member Benfield moved to take the next 90 days to explore all options and continue the discussion with all entities; Council Member Busby seconded the motion; Discussion: Council Member Merrill was in support of the motion to understand the costs, etc. Ms. Ely said she was going to work with the community to get local support. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Committee Liaison Assignments for 2013: A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB Council President Mann reported the golf board met. He reviewed a request for a green fee waiver for Boy Scouts of America. Since they were late for the application deadline the board said no, but will put them on the list for next year. They only allow three per year. The golf course is doing very well with summer revenue. The golf pro contract will be reviewed this year. Katrina Adams is the new chairperson for the MYAB; Emergency Services has not met. B. Council Member Jordan Busby: GIS Oversight · Airport Board. Council Member Busby reported both GIS and the Airport Board met. The Airport Board may be looking for a replacement for Ray Pocock who is finishing his term. C. Council Member Donna Benfield: Trails of Madison County · IBC · Teton Flood Museum Committee · M.E.P.I. Council Member Benfield reported MEPI did not meet; Trails of Madison County did meet on current trails issues and working with some property owners on some easements for trails. D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle Civic Center, Orchestra) Council Member Smith reported the Legacy Flight Museum did not meet; the windows are ready to go into the Romance Theatre. She said the bathrooms are close to the windows which 7 may need to have some visual separation. Discussion on possible solutions to the visual problems and any condensation and dust issues. Someone recommended a local artist, who did work around the County Fair Grounds, to produce the desired visual. E. Council Member Jerry Merrill: Beautification Committee · Parks & Recreation · Traffic & Safety · Urban Renewal Agency Council Member Merrill reported Traffic and Safety did meet to discuss street lights. Nine of fifteen new lights have been installed. Six more lights will be installed soon. The Meadows needs a sidewalk installed on the street. Mayor Woodland called for a motion to appoint Greg Blacker to the Traffic and Safety Committee. Council Member Merrill moved to approve Greg Blacker to serve on the Traffic and Safety Committee; 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 Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Rexburg Rapids is doing better than last year. Parking will need to continually be looked at. Council Member Benfield spent a whole day last week with four of her Grandchildren. It was very professional and a great experience. Council Member Merrill said the Rush Triathlon is coming up. F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police Council Member Sutherland reported Planning and Zoning did not meet. The public hearing is on the agenda for the temporary structures. He thought this would be a great place to segue into that discussion. Mayor’s Report: Legislative Report - Hyrum Erickson (Attorney at Rigby Andrus & Rigby) Council Member Benfield provided the Legislative report for Mr. Erickson; she reviewed the upcoming Legislative Forum September 22-24. So far 61 of the legislators have responded to attend the Forum. Public Hearings: A. 7:10 P.M. Conditional Use Permit #13-00265 establishing permanent locations for temporary mobile modular buildings to be used as classrooms or administrative space. Presentation by staff: Val Christensen indicated Planning and Zoning met with the School District to expedite the process by only having one CUP on the temporary locations at the several schools. Varr Snedaker at 60 West Main representing the Madison School District thanked the City Council for taking the time to hear this proposal. He reviewed the proposed locations for temporary buildings in permanent locations at the several schools. On the first two pictures presented the question of fire hazard and response was brought up. It was said that it was not a concern and that it was in compliance. 8 Madison High School Portable Classroom (Temporary Structure left picture) Madison Middle School Portable Classrooms (Temporary Structures right picture) Adams School Portable Classroom (Temporary Structure left picture) Madison Junior High School Portable Classroom (Temporary Structure right picture) Kennedy School Portable Classroom (Temporary Structure left picture) Lincoln School Portable Classrooms (Temporary Structures right picture) Mr. Snedaker said the temporary building are needed as the student population grows and permanent space is not available. There was a dip in the Fall of 2002 when there were 3,989 9 students; now the number is up another 25% (5,050). More teachers are needed to provide for more individualistic learning, also more computer labs are needed. The operating funds go up along with the cost of new buildings. Funding is going down which has caused some payroll cuts. Council Member Busby asked if this proposal is approved; what red tape is cleared for future changes in these temporary structures. Val Christensen said City Staff would make the decision along with City Council approval. Council Member Sutherland said Planning and Zoning felt this would expedite the school district requests. Council Member Merrill mentioned these structures are only temporary structures and they will be replaced with permanent structures as funding permits. Written correspondence: – NONE Public Testimony in favor of the proposal (5 minute limit): Geoffrey Thomas at 638 Dell Drive was in favor of the proposal. It is the last option we want to do, and the least desired. We have done this due to funding; we have done as much brick and mortar construction as we possibly can after the passage of two bonds. Every one of the elementary schools in Rexburg has been added on with new classrooms including Kennedy Elementary this summer with five new classrooms. This request is for a classroom of last resort. He encouraged the City Council to vote to approve the Conditional Use Permit for the temporary structures in permanent locations. Steve Gentile at 2427 South 4000 West indicated they are bulging with new students at Adams Elementary and Burton Elementary has been lucky to have had two additional classrooms made of brick and mortar. He is the principal at Adams Elementary which had 290 students four years ago; now there are 325 students. The use of these temporary buildings is for school district business; however, they have used part of the Adams temporary structure for a private daycare which brings in $600 per month. He relies on the revenue for his operating fund, specifically to pay for playground Duty. The daycare students The schools in the district rent out their gyms to different institutions and events which funding goes to operation expenses. He asked the City Council to approve the use of the structure for leased space. Scott Shirley at 691 East 10000 South indicated he is the principal at Lincoln Elementary and last year the principal of the Middle School. He reviewed the bulges or changes in enrollment for different years. They had 40 more 5th graders last year at the Middle School. He asked for approval of the temporary structures. Public Testimony neutral to the proposal (5 minute limit): Steve Oakey at 251 Cornell St. asked if this would affect portable food services that are considered portable and required to move every six months; City Attorney Zollinger said the portable businesses are required to follow the building code. He continued to explain the difference between the food vender services code and the current code at hand. Discussion: Mr. Oakey was concerned about the core difference between for profit temporary vs. not for profit temporary businesses. City Attorney Zollinger explained this is not an ordinance change. Anyone can come into the city and use a portable building to establish whether their business will generate a clientele over a 12 month period without the need for permanent foundations, etc… All of the safety issues must be fulfilled including tie downs, life safety, etc... . They are not required to comply with a permanent foundation, etc… The ordinances do not differ between for profit and not for profit requests. This request is for a temporary portable unit on a permanent location. Discussion: concerning the portable food businesses which are required to change locations every six months as a mobile vendor business verses a temporary building in a permanent location. City Attorney Zollinger explained if a non-profit business sold tacos out of a bus, they would not be given this exception. The mobile vendor ordinance specifies vendors; which is anyone that sells 10 something out of their establishment. The school district’s request is to request rolling stock to maintain its rolling stock status. If a bank came in to seek a temporary location to put a bank for a year to test the market and then came back in two years to do the same thing; they could asked the City Council for the same request as the school district is seeking, which is the right to bring it back to the same location if circumstances do not change. Public Testimony opposed to the proposal (5 minute limit): – NONE Council President Mann’s number one concern is safety of the children and he has full confidence that the school will make sure the students are safe. President Mann expressed his frustration that there is not enough funds going towards education, but is going to the military industrial complex when he said, “I’m sorry that you guys don’t have all the money you need for education. We don’t have to have bake sells to build bombs, but that’s just not how it works around here.” He was ready for a motion. Mayor Woodland closed the public hearing for deliberations: Council Member Merrill was agreeable if the School District does not use the temporary structures as permanent solutions. He discussed using private enterprise in these buildings and that the rent should be in the competitive price range for the same square footage. City Attorney Zollinger stated that Council Member Merrill can have that opinion, but not in these meeting because the only issue at hand is the Ordinance. A member asked if he should recuse himself because this would affect his school and City Attorney Zollinger asked if he feels he would lose his job if he voted. Discussion: Private non-school uses of the building are not allowed in the land use zone. It is not a function of the school district to provide space for private users. It is incidental use verses the principal use of the space. The law or zone would have to be changed to accommodate private use. The use of the facilities after hours is incidental use while the use of them during the regular school time is continual use. Council Member Busby moved to approve the Conditional Use Permit #13-00265 establishing permanent locations for temporary mobile modular buildings to be used as classrooms or administrative space 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 Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Break at 9:03 P.M. B. 8:00 P.M. – Appropriation Budget 2014 – Ordinance 1100 – Richard Horner Presentation by staff: Finance Officer Horner reviewed the budget agenda including the published funds for each city organization. The Budget Highlights have been reviewed in previous meetings. BUDGET HIGHLIGHTS City of Rexburg 2014 Budget 11 Total Budget: $51,063,400 up $139,700 from the original 2013 budget. Operating Budget is approximately $24 million of the total, up from approximately $22.8 million from last year. The General Fund has a $100,000 Contingency for unforeseen increases in expenditures or reductions in revenues, which is funded by excess carryover reserves that is forecasted to be in the general fund at the end of fiscal year 2013. Street maintenance, repair and construction funding is at $2,404,200, about the same as the prior fiscal year budget. Major street projects include the reconstruction of the Cresthaven Subdivision streets and the rounded corner of 2nd West and 1st North, the latter of which is being funded by the Urban Renewal Agency. Property tax revenues are estimated to increase about $201,800, mostly due to newly constructed buildings. The City property tax levy rate is at $397 per $100,000 of taxable value, which is still the lowest for most cities in southeast Idaho and other similar size cities. Only one new full-time personnel position is scheduled to be funded this budget year, which was previously already funded in the Recreation Department. Increases in utility rates will be about 1.5% for the average homeowner, or about $1.34 per month, which is attributed to the Wastewater and Sanitation cost increases. Water needed no increase. Major utility construction projects include a new water well and tank for $2,500,000 that was also budgeted and not completed in the prior year and more additions to the wastewater treatment plant to eliminate odors and add new capacity for $3,500,000. New capacity will be funded by fees charged to new development. Plant upgrades will be funded by user fees. There will be a major construction project at the Airport for $1,424,000 for reconstruction of the taxiway and apron which will be funded 92% by the FAA and the State of Idaho and the rest by the City and the County. Also, about $800,000 is budgeted for Riverside Park that includes more paved parking and other parks improvements elsewhere in the city. This budget includes the Community Safety Lighting Fund of $276,400, of which $208,400 is available for street lighting construction projects, with the remainder budgeted for street light maintenance. Large Equipment Capital purchases include a replacement fire engine for $490,000, a loader for the Street Department for $190,000, two ambulances for $280,000, a Sanitation truck for $220,000, and a Wastewater maintenance vacuum truck for $377,000. ========================================================= City of Rexburg For the 2014 Budget (Year Ending 9/30/14) STATEMENT OF UNDERSTANDINGS ON BUDGET MANAGEMENT 1) The Council will review the General Fund Contingency Balance at the end of the year to decide if any could be applied to the Police Impact Fee Fund deficit. 2) Expenditures, including all capital items, will be managed so that short falls in total revenues are offset by cutbacks in expenditures in the General and Street Funds. 3) All construction projects over $50,000 and their related operating and maintenance costs will be reviewed and approved by the City Council before any funds will be committed to the project. 4) All hiring of employees to fill a previously existing position that was vacated must have approval from the City Council. 12 5) All new employee positions, if not approved in the normal budget process, must be pre-approved by the City Council. ========================================================= Mayor Woodland opened the public hearing. Written correspondence: – 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 Mayor Woodland closed the public hearing for deliberations: Discussion: Council President Mann indicated the lack of public attendance for the approval process of a $51,000,000 Budget. Council Member Merrill asked if the Cost of Living and Performance Reviews were still in the Budget; Finance Officer Horner indicated those two items were still in the budget. Council President Mann moved to approve the Appropriation Budget for 2014 and consider Ordinance 1100 first read; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Items for Consideration: - NONE Staff Reports: Public Works: – John Millar A. Budget adjustment request for a new loader and sand truck bed Discussion: Public Works Director Millar said the old 2006 snow loader is eight years old and may be worth up to $75,000. Cat has offered $60,000 in trade and the new one can be purchased on the state bid for $188,833. They list price ranges from $240,000 to $280,000. It has a quick attached bucket for the snow blower verses a three hour process to put on the old loader bucket. Council Member Busby reviewed the personnel allowed to operate the new loader and the type of equipment to be purchased with the front end loader. Public Works Director Millar indicated only about four City equipment operator personnel will be trained to use the new front end loader. The sand truck stainless steel bed costs $13,000 to $15,000 with an eight to ten week delivery time. The brakes are air brakes. The new loader will be in the $120,000 to $130,000 range with an expected use period of 1,000 hours. Council President Mann was concerned with the timing of the budget adjustment. Finance Officer Horner indicated it would be budgeted in the 2014 Budget; however, funds in next year’s budget will be moved up a couple of months. The difference in the trade in or sale price and the budget adjustment cost of the new loader will be about $27,000. City Clerk Kay asked to combine the motions for approval of the budget adjustment for the purchase of the new front end loader and the declaration of the surplus equipment (Suzuki four wheeler and the Cat 938 front end loader). 13 B. Resolution 2013 – 09 Surplus non-functional Suzuki four wheeler vin # JSAAJ46A1M2103845 and a 2006 Cat 938 front end loader. RESOLUTION NO. 2013-09 A RESOLUTION TO DECLARE AS SURPLUS, A NON-FUNCTIONAL 1991 SUZUKI FOUR WHEELER AND A 2006 CAT 938 LOADER WHEREAS, the City of Rexburg removes old or obsolete materials and equipment from inventory from time to time; and WHEREAS, the City Golf Course declared surplus a non-functional 1991 Suzuki four wheeler, and taken it out of service; and WHEREAS, the Public Works Department replaces equipment from time to time; and WHEREAS, it would not be cost effective to spend the funds necessary to bring this old equipment back into service; and WHEREAS, it is not efficient or cost effective to maintain obsolete equipment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rexburg, as follows: Section 1. A non-functional 1991 Suzuki four wheeler shall be declared surplus; and Section 2. A 2006 CAT 938 Loader shall be declared surplus; and Section 3. Obsolete equipment declared surplus shall be disposed of in compliance with state statute; and Section 4. The Mayor is hereby authorized to oversee the disposal of said inventory. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 7th DAY OF August, 2013. CITY OF REXBURG Madison County, Idaho By _________________________________ Richard S. Woodland, Mayor ATTEST: ____________________________________ Blair D. Kay, City Clerk ========================================================== Discussion: Council Member Merrill moved to approve Resolution 2013 – 09 to surplus a non-functional Suzuki four wheeler and a 2006 Cat 938 front end loader and the 2013 Budget Adjustment request to purchase a new front end loader and stainless steel sand truck bed; Council Member Busby seconded the motion; Mayor Woodland asked for a vote: 14 Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Other Public Works Construction Projects: 1. 7th South will be seal coated in two weeks. 2. 1st South and 2nd West has a new high intensity rapid flashing pedestrian light. 3. The common area by the sidewalk on Pioneer Road has been sprayed for weeds. It is the HOA’s area of responsibility. 4. Van Chenoweth is retiring from the Wastewater Management staff. The position will not be replaced now due to new equipment; in 6-8 months the position will be evaluated to see if it is needed. 5. Bad smells at the wastewater treatment plant are being reduced by the new equipment. 6. Street personnel are experiencing some changes. 7. 3rd North City property (4.27 acres) has been bid with at least one interested bidder. Council Member Busby moved to approve the replacement of a Street Department position; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Council Member Busby asked to have better dress standards for the City’s street crews. He referred to Arizona standards where citizens are told that all employees are safety personnel and encouraged to talk to them if they need help. Better dressed crews will help encourage people seeking their help. Discussion on storm water being discharged into the Nature Park Ponds with a four foot diameter storm water pipe. It is a lot of water. The public likes to go down to the Nature Park and feed the water fowl. Council Member Benfield applauded the paint crew’s very great job on the street painting projects. She expressed her appreciation to them when she pulled up on one of their job sites. Finance Department – Richard Horner A. Set notice of public hearing for consideration of 2013 fiscal budget amendment NOTICE OF PUBLIC HEARING CITY OF REXBURG, IDAHO Notice is hereby given that the City Council of Rexburg will hold a public hearing for consideration of an amendment to the 2013 fiscal year budget by appropriating additional monies received by the City of Rexburg, said hearing to be held at City Hall, 35 N 1st E, Rexburg, Idaho at 8 pm on the 21st day of August, 2013. All interested persons are invited to appear and show cause, if any, why such budget amendment should or should not be adopted. City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities related to the budget documents or to the hearing, please contact City Hall, 359-3020 at least 48 hours prior to the public hearing. 15 Discussion: Reviewed on the overhead screen. Finance Officer Horner indicated the budget reduction of $500,000 in the Riverside Park Construction project. The Legacy Flight Museum had some contributions that needed to be added to the budget. When revenue comes in from grants, etc. the budget has to be amended. The City does live within the budget; however, there are donations and/or grants for items that need to be added to the budget. The Legal Department received funds from NY University for an intern to work for the City Attorney that needed to be added to the budget. Council Member Busby said the public expresses concerns that the City can’t stay within budget. Finance Officer Horner indicated the City works to stay under budget. These budget amendments reduce the 2013 Budget by - $1,689,600. Council Member Busby moved to set the public hearing for August 21, 2013 at 8:00 P.M. to amend to the 2013 fiscal year budget by appropriating additional monies received by the City of Rexburg; 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 Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. B. Amend Sick Leave Policy to clarify sick leave claims (Section 403 - Sick Leave Benefits) Discussion: Finance Director Horner Council Member Busby moved to approve amending Section 403 of the Sick Leave Policy to clarify sick leave claims; 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 Busby Council Member Merrill Council Member Smith 16 Council Member Sutherland The motion carried. C. 2013 Treasurers Quarterly Report 75% CITY OF REXBURG TREASURER’S EXPENDITURE REPORT BY FUND FISCAL YEAR TO DATE ENDING 6/30/2013 @ 75% OF THE FISCAL YEAR 2013 WAGES CAPITAL OTHER TOTAL BUDGET % END BAL $5,317,448 $4,146,343 $8,834,717 $18,307,576 $51,197,400 36% $39,066,711 Citizens are invited to inspect the detailed supporting records of the above financial statement. Discussion: D. 2013 Budget Summary Report CITY OF REXBURG BUDGET SUMMARY REPORT FY 2013 9 months ending 6/30/2013 Page 1 EXPENDITURES BUDGET ACTUAL 75% FORECAST OPERATING EXPENDITURES Mayor, Council 253,000 185,444 73% 245,300 Economic Development 197,300 137,270 70% 192,100 Cultural Arts 331,100 151,041 46% 231,500 Customer Services 288,600 216,100 75% 286,200 Information Technology 348,200 228,659 66% 348,700 Financial Management 751,600 576,713 77% 751,200 Legal Services 236,900 176,772 75% 230,700 Planning & Zoning 150,100 114,718 76% 153,100 Building Safety 600,000 344,442 57% 448,700 GIS 428,800 310,437 72% 423,100 Emergency Services 2,621,300 1,962,059 75% 2,883,300 Golf Courses 456,600 308,131 67% 444,600 Parks & Ball Diamonds 540,400 315,947 58% 540,900 Recreation Administration & Programs 266,600 173,819 65% 264,800 Riverside Aquatic Center Operations 494,000 115,166 23% 382,500 Miscellaneous: MYAB, Airport, Legacy Flight Museum 139,600 191,778 137% 215,200 Police Department Administration Division & Fund 09 1,010,200 736,859 73% 1,037,000 Patrol Division & Funds 13 1,864,900 1,433,275 77% 1,893,300 Investigations Division 647,300 489,372 76% 665,900 Community Services Division & Funds 08,11,14 598,900 430,581 72% 583,600 Total Police Department 4,121,300 3,090,087 75% 4,179,800 Public Works Public Works Director & Engineering 421,000 304,358 72% 432,400 Shop 399,400 259,977 65% 391,900 Sanitation 1,603,600 1,148,173 72% 1,619,600 Water 2,035,200 1,315,354 65% 1,901,600 Wastewater 3,667,400 2,416,133 66% 3,616,500 Street Operations 1,648,400 1,199,702 73% 1,807,200 Street Repair Contracts 795,800 40,463 5% 1,004,000 Total Public Works 10,570,800 6,684,160 63% 10,773,200 TOTAL OPERATING EXPENDITURES 22,796,200 15,282,743 67% 22,994,900 NON-OPERATING EXPENDITURES General Fund Contingency 40,300 0% General & Street Fund Transfers 1,777,600 0% 1,959,000 Construction 06,30,31,32,36,39,41,42,4 4,46,49,51-58,82,85 14,920,000 1,828,494 12% 5,239,800 Contributed Capital 3,200,000 0% 3,600,000 17 Capital Reserve Funds 07,18,20,33,34,35,38 7,185,400 218,476 3% 1,507,900 LID Debt Service Funds 59-69 476,200 146,869 31% 218,800 Trust & RLF Funds 15,16,19,21,22,90,91 801,700 416,347 52% 557,300 TOTAL NON- OPERATING EXPENDITURES 28,401,200 2,610,186 9% 13,082,800 TOTAL EXPENDITURES FOR ALL FUNDS 51,197,400 17,892,929 35% 36,077,700 CITY OF REXBURG BUDGET SUMMARY REPORT FY 2013 9 months ending 6/30/2013 Page 2 REVENUES BUDGET ACTUAL 75% FORECAST OPERATING REVENUES Fund Balances for Operations 485,800 0 0% 774,500 Property Tax 3,183,400 2,104,240 66% 3,183,400 Interest 147,300 57,876 39% 128,000 State Taxes & Grants 1,903,200 996,398 52% 1,962,100 Miscellaneous 459,300 354,762 77% 605,500 Utility Charges 7,306,200 5,414,172 74% 7,691,000 Permits & Licenses 621,400 663,753 107% 619,600 Franchise Fees 1,432,200 997,563 70% 1,595,500 Parks, Recreation, Museums, Arts 1,134,000 459,899 41% 986,700 County Road Tax 580,000 428,603 74% 650,000 Operating Contributions 2,129,600 1,560,346 73% 2,130,600 Interfund Charges for Services 3,366,500 2,265,375 67% 3,555,200 Fund Transfers for Operations 1,078,500 0 0% 987,300 Federal Grants 132,200 -173,750 -131% 52,416 Reimbursements 202,600 16,987 8% 719,600 Contingent Revenues for Operations 0 0 0% 0 TOTAL OPERATING REVENUES 24,162,200 15,146,224 63% 25,641,416 CAPITAL REVENUES Contributed Capital 3,200,000 0 0% 3,600,000 Construction Funds 14,625,300 319,727 2% 7,402,000 Capital Reserve Funds 7,185,400 2,123,691 30% 6,363,900 LID Funds 476,200 115,568 24% 332,600 Trust Funds 801,700 485,409 61% 813,500 Fund Transfers In 746,600 0 0% 1,160,000 TOTAL CAPITAL REVENUES 27,035,200 3,044,395 11% 19,672,000 TOTAL REVENUES ALL FUNDS 51,197,400 18,190,619 36% 45,313,416 NET REVENUES OVER EXPENDITURES 297,690 9,235,716 Discussion: Community Development Director Val Christensen reviewed a building permit report. There are new projects coming into the City including an 800 bed BYU-I student complex. All the beds for the student housing and family housing projects are more than Sugar City and Rigby’s population combined. Discussion: Businesses need to follow life safety requirements. Calendared Bills and Tabled Items: A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE PUBLIC HEARING PROCEDURE: – NONE B. BILL Introduction: 1. BILL 1106 – Amend Appropriation Budget 2013 18 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, AMENDING ORDINANCE NO. _____, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013: APPROPRIATING ADDITIONAL MONIES THAT HAVE BEEN OR ARE TO BE RECEIVED BY THE CITY OF REXBURG, IDAHO, AND BUDGET REDUCTIONS IN THE NET SUM OF $-1,689,600 AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: SECTION I. That ordinance No. ____, the appropriation ordinance for the City of Rexburg, Idaho, for the fiscal year commencing October 1, 2012, and ending September 30, 2013, be and the same is hereby amended as follows: BUDGET AMENDMENT FY 2013 City of Rexburg FUND ORIGINAL AMENDMENT FINAL GENERAL 8,395,000 255,000 8,650,000 STREET OPERATIONS 2,404,200 295,800 2,700,000 POLICE SMALL GRANTS 41,700 97,700 139,400 POLICE ANIMAL CONTROL 179,300 2,700 182,000 EMERGENCY SERVICES 2,439,100 19,600 2,458,700 LEGACY FLIGHT MUSEUM 98,500 90,000 188,500 ESD PARAMEDIC CARE UNIT 162,600 400,000 562,600 ROMANCE THEATER 144,200 17,800 162,000 RIVERSIDE PARK CONSTRUCTION 4,730,700 (4,230,700) 500,000 STREET REPAIR CONTRACTS 795,800 204,200 1,000,000 AIRPORT OPERATIONS 16,400 7,900 24,300 LID CONSTRUCTION 300,000 900,000 1,200,000 REXBURG ARTS COUNCIL 51,700 4,000 55,700 COMMUNITY SAFETY LIGHTING 273,600 246,400 520,000 NON-AMENDED FUNDS 30,890,900 - 30,890,900 GRAND TOTAL EXPENSE: 50,923,700 (1,689,600) 49,234,100 SECTION II: This ordinance shall be in full force and effect from and after its passage, approval and publication. Passed by the City Council and approved by the Mayor, the ____day of ___________, 2013. _________________________________ Richard S. Woodland, Mayor ATTEST: ______________________________ Blair D. Kay, City Clerk C. First Reading: Those items which are being introduced for first reading: 1. APPROPRIATION BUDGET 2014 – ORDINANCE 1100 19 ORDINANCE 1100 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 2013, TO SEPTEMBER 30, 2014, AND APPROPRIATING TO THE SEVERAL DEPARTMENTS, OFFICES AND FUNDS OF THE SAID CITY GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE NECESSARY OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL TO DEFRAY THE EXPENSES AND LIABILITIES OF SAID CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014; AND PROVIDING FOR THE EFFECTIVE DATE OF ORDINANCE. ========================================================== MOTION from the Public Hearing earlier for Appropriation Budget 2014. Council President Mann moved to approve the Appropriation Budget for 2014 and consider Ordinance 1100 first read; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried D. Second Reading: Those items which have been first read: – NONE E. Third Reading: Those items which have been second read: – NONE Consent Calendar: The consent calendar includes items which require formal City Council action, however they are typically routine or not of great controversy. Individual 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 July 17, 2013 meeting B. Approve the City of Rexburg Bills Council Member Sutherland 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 Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Police Records Management System (RMS) proposal – Shane Turman 20 Police Chief Shane Turman reviewed a proposal to have the Police Department records moved to a records management system on the Cloud. In 1994 the police department started using a DOS base system. In 2003, the DOS based system was changed to Windows programing called NetRMS for $100,000. In 2005, NetRMS was purchased by Motorola for the last 10 years. He contacted NetRMS for any upgrades. The support cost $14,622 which goes up 5% a year; plus they are reprograming at a cost of $200,000 to $300,000. They have reviewed six software companies with good reports and they found EForce which will cost $64,888 with a $7,500 yearly support contract. At a 10 year comparison NetRMS would cost $405,895 while Eforce would cost $120,000. EForce will be located in the Cloud without local maintenance. Eforce also has the capability to track drugs and look for drug associations. Police Chief Shane Turman asked to purchase the EForce software (which has 20 years of history) with a payback of three years. The current records are in four different places (cards, electronic, etc.) which are being backed up to Laser Fiche for permanent electronic storage. EForce is a paperless system and this will also reduce the secretarial staff that is needed for current systems. Right now the hard copy reports go through about 15 hands before it becomes a permanent file. Teton County and 180 other agencies nationwide use the software which is accessible between agencies with their permission. The support contract can go up 3% per year. This proposal is the fruit of a request for proposal sent out by the Police Department. Discussion: The program can be installed now with billing for the software coming in fiscal year 2014. 21 Council Member Sutherland moved to approve the Police Records Management System (RMS) proposal to purchase EForce software; 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 Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Police Sargent Pay grade proposal – Shane Turman Police Chief Shane Turman reviewed a proposal to change the pay grade for Police Sergeants. The Patrol Division has two Sergeants under a Lieutenant. The Sergeants do supervise people; however, he is losing people to the higher pay Detective Position which does not supervise people. He is proposing to move the Sergeants to a schedule 16 to help alleviant the problem. This pay grade proposal change will not impact any City Police Budgets for four to six years. (The grade change request was for Staff Sergeant Supervisors only) Council President Mann was not sure if the employees under a Sergeant would have opportunities to become a Sergeant if the Sergeant position is slow to have turn over; however, all police employees could apply for a Detective Position. Finance Officer Horner said a planned position review will be done City wide to evaluate salaries. He suggested waiting for the pay scale review to make the change. Discussion: Council Member Benfield moved to approve the Police Sergeant Pay Grade proposal to change the pay grade for a Sergeant from Grade 14 to Grade 16 as discussed; Council Member Busby seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield 22 Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. City Attorney Zollinger asked for an executive session due to possible pending litigation. 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 Council Member Smith The motion carried. Executive Session: 10:10 P.M. Executive Session ended: 10:22 P.M. Adjourned APPROVED: _______________________________ Richard S. Woodland, Mayor Attest: ________________________________ Blair D. Kay, City Clerk