HomeMy WebLinkAbout2013.08.21 CITY COUNCIL MINUTES
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August 21, 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.
Troop 49 Rexburg 3rd Ward led the Pledge to the Flag.
Hyrum Erickson said the prayer.
Roll Call of Council Members:
Attending: Council Member Benfield, Council Member Sutherland, Council Member Merrill,
Council Member Smith, Council Member Busby and Mayor Woodland.
Council President Mann asked to be excused.
Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes)
Attorney Hyrum Erickson at 457 Maple Drive invited everyone to the Legislative Tour on September 22,
23, and 24; Meals and transportation has been arranged. The Legislators will stay at Spring Hill Suites.
Almost everyone will be driving to the Conference. Council Member Benfield asked the City to fill out the
questionnaire. There will be two 55 passenger buses for 68 Legislators and their companions. Monday,
September 23rd is the day for touring the City of Rexburg. The only local elected officials will be the City
Council. The County officials will only attend on Sunday due to meetings in Boise on Monday and Tuesday.
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 21, 2013
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Presentations:
A. Students for a new crosswalk at Lincoln School – Lincoln Elementary Students
Lincoln Elementary students Mandy Cook, Maddie Schwiermann, and Javen Ball presented an
overhead presentation for a new crosswalk at Lincoln School. Mandy, Maddie, and Javen were
dressed in their Sunday best clothes. A fourth student, Jane Schmidt helped to produce the video;
unfortunately, the sound did not work. The video can be viewed at:
http://www.educreations.com/lesson/view/lincoln-crosswalk/9594106/
Proposal: South of the Lincoln School on 3rd South, there is not a crosswalk at Yale Avenue for
the kids. They cross the road and there is a gate on private property to enter the school property that
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kids go through onto the playground. We understand that access permission could change at any
time, but in the meantime, kids need to be able to cross the street somewhere at that intersection.
Public Works Director Millar said there are numerous properties going south of the school that
do not have sidewalks. Council Member Sutherland suggested the Traffic and Safety Committee
should look at this proposal. Council Member Merrill will put the proposal on the Traffic and Safety
Committee agenda. Council Member Busby was concerned with snow removal on a proposed
sidewalk through private property to the school grounds. There is not a sidewalk on the school
grounds for pedestrian traffic from the neighbor’s yard gate at the end of Yale Avenue.
Discussion:
The children concluded their request to the City Council by exclaiming in one voice:
“Thank you for your time.”
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B. Willowbrook Estates sharing their ideas collectively for street access and road concerns in the
area discussed in recent City Council meetings.
Dear Blair Thank you for your time this morning, I appreciate your help. As the Willowbrook neighborhood we
would like to take a few minutes at the next city council meeting (August 21st @ 7 pm) to share our feelings and
ideas collectively in regards to the last city council meeting's discussion of the Meadows neighborhood's access and
road concerns. Thank you again for your help and support. Tisha Flora
Sam Angell at 1128 Green Willow Drive graduated from Ricks College in 1999 and Madison High
School in 1995. He is an attorney in Idaho Falls doing governmental defense work; also, he has
represented the City of Rexburg in a few matters. He represented the Willowbrook Subdivision to
review some points made in earlier meetings by residents of Meadows Subdivision requesting an
additional egress point out of the Meadows. Currently there are two egress points exiting on the
south end of the Meadows on 7th South. They don’t think another egress point is required and it
should not go through Willowbrook if a third egress point is constructed.
Mr. Angell reviewed four points to respond to the Meadow’s request:
1. The social contract argument: Buying and/or leasing property comes with some expectations.
Both residents of the Meadows and Willowbrook had their expectations of the property before
they purchased or leased the property. Those residing in the Meadows knew that they were
going have a longer drive to get out of the complex. The Willowbrook residents purchased their
property believing they would live in a low traffic and low density area with two exits onto 12th
West. To allow the Meadows traffic to flow through the Willowbrook Subdivision would alter
the social contract for both of those subdivision residents.
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2. Who will pay for the farm land to create the egress/ingress road? The burden will go to the
tax payers to build another egress from the Meadows. Council Member Sutherland said the
City is not in the business of purchasing property for ingress or egress unless there is a
severe need for the community. He referenced the straightening of Pioneer Road where
property was purchased to straighten the road. The City would not buy the land unless there
was a serious safety concern.
3. It would affect the Comprehensive Plan and the purpose of RR2 Zoning which limits traffic
flow. He read from the code explaining the RR2 Zoning.
3.12.010. Purpose and Objectives
The RR2 Zone is established to provide rural residential zoning for the development and protection of
country neighborhoods. Land in this zone is required to be relatively flat with a maximum slope of 3%.
The minimum development size for RR2 Zoning is on half (1/2) acre. This zoning may be applied in areas
where traffic flow is limited primarily to local area residents and where the expansion of transportation
to areas adjacent to the zone is not anticipated. The zone shall be characterized by single-family
dwellings on lots of a minimum of 1/2 acre, ample off-street parking and reflecting a rural isolated
atmosphere.
Mr. Angell believes the change would greatly affect the purpose behind the RR2 Zoning and stated
once again that this would set a dangerous precedent for other complexes in the City.
The Willowbrook neighbors suggest no change to the Willows Subdivision ingress or egress;
however, Mr. Angell proposed a solution that a single lane limited emergency access road with a
locked gate could go through a potential park in Willowbrook. This would subside safety concerns
of the Meadows residents. The gate would remain closed unless there was an emergency. City
Attorney Zollinger said there was a future egress on the plat going north out of the Meadows
towards John Steiner’s property.
Discussion: The pre-approved plat started as a county subdivision. The current ingress/egress is
considered safe by the Fire Department, Police Department and Emergency Services.
Sherrie Barton at 1076 Green Willow Drive spoke about a garage fire on 12th West and 7th South
which restricted traffic out of the Meadows on 7th South. City Attorney Zollinger explained the
traffic was controlled by Emergency Services (police) while the Fire Department was fighting the fire;
however, traffic would be allowed to exit the area if an emergency existed. Ms. Barton commented
that 7th South could have one traffic lane going in and two traffic lanes going out from the
Meadows. She thought this might be a less expensive alternative to other plans presented to the
City Council. City Attorney Zollinger clarified that the Meadows Homeowners Association came in,
after the initial presentation of Mrs. Hagge, and explained their discussion was not requesting most
of what is being discussed tonight. The Meadows Board would like sidewalks and other things to
help benefit the area.
Committee Liaison Assignments for 2013:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council President Mann was excused.
B. Council Member Jordan Busby: GIS Oversight · Airport Board.
Council Member Busby reported his committees have not met.
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 work on new trails.
Right-of-way is a problem in the county. Bike courses are being planned at three levels of
expertise. They are also looking at an area East of Hidden Valley for Mountain Biking.
D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre &
Tabernacle Civic Center, Orchestra)
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Council Member Smith reported an Airshow is planned for 2014. Many events are being held
at the Legacy Flight Museum including weddings. They are working on a new plane. They are
attending other air shows and working with individuals for contributions. The Romance
Theatre is receiving some new windows. There is not a reasonable process to make the windows
operable to open or close; also, there is only about four inches of space between the windows
and the wall. The curved part of the façade (including curved glass) is a problem, but must be done
due to the agreement with the Idaho Historical Society to restore the façade to how it looked
when the beauty parlor was there. There had been deliberation on the best method for the
curved metal to go around the façade and a satisfactory solution has been found. The project is
funded with two different grants.
Discussion: The void space behind the windows will be vented. Scaffolding will be donated to
the theatre by Oakland Construction. The windows will appear to be tinted.
Council Member Benfield reviewed the city code concerning tinted windows. This project will
comply with city code.
E. Council Member Jerry Merrill: Beautification Committee · Parks & Recreation · Traffic & Safety ·
Urban Renewal Agency
Council Member Merrill commended the Police for the Block Party in his neighborhood. He
thanked the Police for their friendly presentation. He reported the Traffic and Safety Committee
meet two weeks ago; …. Parks and Recreation reported similar revenue on the Carousel as last
year. Rexburg Rapid’s expenses are lower with an expected revenue surplus of $12,000. The
Teton Dam Marathon had about 600 participants, but experienced another loss. They need
more people to participate. Last year the race lost $3,000 versus a $6,900 loss this year. They
hope that with the better prize packages and other things they are implementing there will be
increased participation next year. The Rush Triathlon lost $3,000 this year versus $9,720 loss last
year. There were more positive reviews this year verses past years. The Cube Cyclo race will be
held again this year on October 5th, 2013. They are looking at having a one day event instead of
three days which they believe will cut down on the cost and bring additional popularity to the
event. Rexburg Rapids will close Labor Day, September 02, 2013.
F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police
Council Member Sutherland reported Planning and Zoning met last week to review and refine
the Development Code. The Police are a tremendous Department and some of their officers
have received awards.
Police Chief Shane Turman gave two reports for police officer awards:
Gary Hagen saved a child this year and he received the Zion’s Bank Home Town Hero’s
Award.
Officer Lieutenant Colin Erickson received the National School Safety Award which is one of
fourteen awards throughout the country. He has placed cameras in the schools for safety.
Mayor’s Report:
Mayor Woodland reported on a recent meeting with TRPTA where they discussed transportations.
He reiterated to TRPTA the same concerns from past meetings and they wanted answers to their
questions. He told them he could not commit to give them any money with their current plan
which they then promised to revise.
A discussion about patrons on TRPTA ensued. There are a couple of patrons who are serviced
when TRPTA gets notified. Right now they are operating on a needs based service. TRPTA would
like to do a trial run in Rexburg and see the potential results that would occur.
Council Member Benfield indicated LINX has proposed a bus trip to Bozeman for the City
Council to see how their transportation system works. The City Council members are interested in
the proposal to see how other communities work with LINX.
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A. Internet Contract for Golf Courses with Cable One
Discussion: City Attorney Zollinger said a three year contract would double the speed for internet
connectivity. Council Member Merrill was given the same offer and he said it has been a good deal
for his business.
Council Member Smith moved to approve the Cable One contract and authorize Mayor
Woodland to sign the three year Internet Contract for city golf courses with Cable One; Council
Member Benfield seconded the motion; Discussion: Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Benfield None
Council Member Busby
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Public Hearings:
A. 8:00 P.M. Amendment the 2013 Appropriation Budget by appropriating additional monies
received by the City of Rexburg by Ordinance 1106.
Finance Officer Horner reviewed the changes (additional revenues or carryovers) which included one
fund going down. Out of State revenue was receive for fighting fires.
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
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Public Testimony opposed to the proposal (5 minute limit): – NONE
Mayor Woodland closed the public hearing for deliberations:
Finance Officer Horner said these were final numbers.
AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, AMENDING ORDINANCE NO.
1088, 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.
Council Member Sutherland moved to suspend the rules for Ordinance 1106 to amend the 2013
Appropriation Budget to appropriate additional monies received by the City of Rexburg in the 2013
budget; Council Member Merrill seconded the motion; Mayor Woodland asked for a roll call vote:
Those voting aye Those voting nay
Council Member Benfield None
Council Member Busby
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Council Member Sutherland moved to approve the amendments to the 2013 Appropriation
Budget and consider Ordinance 1106 third read; Council Member Merrill seconded the motion;
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Benfield None
Council Member Busby
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Items for Consideration:
A. Approve Beer and Wine Applications – Staff
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Council Member Busby moved to approve the “renewal” of Beer and Wine licenses for 2014 as
presented; Council Member Smith seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Benfield None
Council Member Busby
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Staff Reports:
Public Works: – John Millar
A. Approve Bid for the sale of 4.27 acres (at $70,010 per acre) of City Property located east of 278 North
2nd West in Rexburg. The total bid price is $298,942.
Discussion: Public Works Director Millar reviewed the minimum bid requested of $70,000 per
acre. He asked for approval to go forward.
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Council Member Sutherland moved to approve the only bid for the sale of 4.27 acres at $70,010
per acre of City Property located east of 278 North 2nd West in Rexburg; Council Member Benfield
seconded the motion; Discussion: it was advertised once a week for three weeks. The funds will be
allocated to the Parks Department. It will be purchased “as is” by the bidder; however, a bike path
will be planned when the property develops. The owner may seek to align the canal with the road.
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Benfield None
Council Member Busby
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Other Public Works Construction Projects:
1. Wastewater Treatment Plant is 75% complete.
2. A water well (Number 1) was down last Friday which caused tight water availability. The
pump repair cost will be between $25,000 to $30,000. It is being repaired.
3. The new pump house on well seven by the water tower is being built.
4. 7th South micro seal was finished last Monday. It is 17 cents per square yard cheaper than
chip sealing.
5. New Decorative street light locations were reviewed. College Avenue, Carlton Avenue, and
1st West. Council Member Busby asked about the long term plan for 12th West and 7th South.
Public Works Director Millar said a traffic light or round-about may be needed. There will
be two street lights at this intersection too. Council Member Busby asked for a traffic study
on that intersection on the first two weeks of school. The lighting fund will pay for the new
street lights. The cost of these new lights will be $220,000 to $240,000.
Council Member Sutherland asked for more street lighting on North 2nd East.
6. Mesa Fall trash containers are overflowing.
7. Pedestrian lights with buttons need to have a delay. The Hawk Signal does have a delay built
in to the signal.
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Finance Department – Richard Horner
Finance Officer Horner reviewed the following:
1. The Salary Survey is under way.
2. The Impact Fee review committee is being formed.
3. The Utility Billing Clerk has tendered her resignation; Finance Officer Horner requested
permission to replace this position.
Council Member Busby moved to approve filling the position of “Utility Billing Clerk” in the
Finance Department; Council Member Benfield seconded the motion; Mayor Woodland asked for a
vote:
Those voting aye Those voting nay
Council Member Benfield None
Council Member Busby
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
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 1106 – Amend Appropriation Budget 2013
Discussion: Ordinance 1106 was approved and third read by suspending the rules at the
previous public hearing to amend the 2013 budget.
D. Second Reading: Those items which have been first read:
Discussion:
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.
Council Member Sutherland moved to consider Ordinance 1100 for the Appropriation Budget
2014 second read; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Benfield None
Council Member Busby
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
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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 August 07, 2013 meeting
B. Approve the City of Rexburg Bills
Council Member Smith moved to approve the Consent Calendar and pay the bills; Council
Member Benfield seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Benfield None
Council Member Busby
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Council Member Busby asked to have public reminders for property owner’s responsibility for
snow removal on sidewalks.
Adjourned at 8:59 P.M.
APPROVED:
_______________________________
Richard S. Woodland, Mayor
Attest:
________________________________
Blair D. Kay, City Clerk