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HomeMy WebLinkAbout2010.11.03 CITY COUNCIL MINUTES1 November 03, 2010 Mayor Richard Woodland Council Members: Christopher Mann – Council President Rex Erickson Donna Benfield Bruce Sutherland Brad Egbert Adam Stout 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 the boy scouts to the meeting. Easton and Garrett Shaum of the Lyman area Boy Scouts led the pledge. Lucia Cole gave the opening prayer. Roll Call of Council Members: Attending: Council President Mann, Council Member Benfield, Council Member Sutherland, Council Member Egbert, Council Member Stout, and Mayor Woodland. Excused: Council Member Erickson Public Comment: on issues not scheduled on the agenda (limit 3 minutes): Roger Harris at 19 East 2nd North presented a letter from the Rexburg Tabernacle Orchestra to announce a fall concert featuring the Madison High School Orchestra. The concert will be held Wednesday, November 10th in the Rexburg Tabernacle. The usual concert date has been changed in order to avoid conflict with the Rexburg City Council meeting. The concert will feature Doug Hansen, a string teacher of 350 students at Madison Middle School, as the soloists. Under the direction of their director Dr. Lamar Barrus, the orchestra will perform a challenging piece, Tchaikovsky’s Symphony No. 5. He asked the City Council and Mayor to attend the concert to support the Arts Community. He referred to the Utah Symphony Orchestra members who are paid to practice and perform as part of the orchestra. The members of the Rexburg Orchestra area not paid; they are volunteers who love music. He encouraged everyone to go and listen to their wonderful music. Mayor Woodland encouraged the public to attend the performances. Douglas Gibson at 430 East State Street, Eagle, Idaho indicated he is the architect for the 4th South project. He referred to the tie vote from the Planning and Zoning Commission on the determination to change the boundaries for PEZ One (1) and PEZ Two (2). He asked to get information on how to go forward to the next step. City Attorney Zollinger explained the need to have a public hearing to present the issue to Planning and Zoning. Presentations: Mayor Woodland presented Lt. Shane Turman as a replacement for retiring Police Chief Lynn Archibald. Police Chief Archibald plans to retire from the city after 38 plus years on November 30th, 2010. He thanked the city officials for the privilege of serving the City of Rexburg. Mayor Woodland reviewed the accomplishments of the Police Department under Police Chief Archibald’s watch. 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 November 03, 2010 2 Council Member Stout moved to appoint Shane Turman to replace retiring Police Chief Lynn Archibald effective December 01, 2010; Council Member Egbert 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 Egbert Council Member Stout The motion carried. Police Lt. Shane Turman was invited to give a statement. He thanked Police Chief Lynn Archibald for all of his guidance. He has been his mentor for his whole career. He also thanked the City Council for their support. This is a huge step in his life and he will do his very best to protect the citizens of this community. He thanked his wife and family for their support as well. Council Member Benfield thanked Police Chief Archibald. He has helped our Police Department become one of the best in the nation. On behalf of the whole City Council, she expressed appreciation for his dedication and service to the community. Committee Liaison Assignments for 2010: A. Council Member Adam Stout Trails of Madison County · Traffic & Safety Committee · Airport Board Council Member Stout reported the Airport Board met today concerning compliance issues. They found resolutions and those issues are going to be cleaned up. B. Council Member Brad Egbert Legacy Flight Museum · Parks & Recreation · IBC Committee Council Member Egbert reported Legacy Flight Museum has not met; however, there was a wonderful service project from MYAB and the Parks Department for Rexburg Pride Days. C. Council Member Bruce Sutherland Museum Committee · Beautification Committee · Traffic & Safety Committee Council Member Sutherland reported Traffic and Safety met yesterday. He was not able to attend; he asked Public Works Director Millar to stand in on that meeting. Street lighting for the coming season was discussed. The Museum Board and Beautification Committee have not met. D. Council Member Christopher Mann Emergency Services Board · School Board · MYAB Council President Mann reported Emergency Services did not meet. MYAB was busy with Rexburg Pride Days. The Masquerade Ball was a success. He and Council Member Sutherland went to Boise for the Association of Idaho Cities (AIC) Executive Board meeting and the AIC Energy Conference. They discussed energy issues throughout the state of Idaho. They had a great Rexburg 101 meeting tonight. He had a great week with the Giants baseball team winning the World Series this week. E. Council Member Donna Benfield Police Department · Romance Theatre Committee · Rexburg Arts Council · Tabernacle Civic Center · School Board Council Member Benfield did not have a report, but encouraged the City Council Members to attend the fall Rexburg Symphony Orchestra concert next week. F. Council Member Rex Erickson Golf Board · Planning & Zoning · Rexburg Redevelopment Agency Council Member Erickson did not have a report. Public Hearings: A. 7:20 P.M. Vacate certain City Right-of-Way adjacent to 210 West 4th South (Christensen Auto body) – Staff 3 Mayor Woodland reviewed the parcel and the reason the city needs to vacate the property. The state owned the land, as it was part of Highway 33. The highway was redesigned and the extra property came into the hands of the city. It is not big enough to do anything with. Council Member Sutherland said the city cannot sell the land because it was owned by the state originally. The best thing is to do is vacate the property. Christensen Auto Body will take care of the land and add landscaping. Mayor Woodland opened the public hearing. Those in favor of the proposal – None Those neutral to the proposal – None Those opposed to the proposal – None Mayor Woodland closed the public hearing. Mayor Woodland asked for a motion. Council Member Mann moved to approve the proposal to vacate certain City Right-of-Way adjacent to 210 West 4th South (Christensen Auto body); Council Member Egbert 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 Egbert Council Member Stout The motion carried. Items for Consideration: A. Rezone Broulim’s city block from Community Business Center (CBC) to Central Business District (CBD) bordered by West Main Street, North 2nd West, West 1st North, North 1st West (All of Block 31 of the Original Rexburg Townsite, Madison County, Idaho) – Mark Oswald Recommended for approval 10/21/2010 by the Planning and Zoning Commission 1. BILL 1060 Rezone Block 31 of the Original Townsite of the City of Rexburg from CBC to CBD; the city block is contained within West Main Street, North 2nd West, West 1st North, and North 1st West (All of Block 31 of the Original Rexburg Townsite, Madison County, Idaho) Mayor Woodland reviewed the proposal to rezone Block 31of the original Rexburg Townsite from CBC to CBD. Council Member Benfield reviewed the concerns with the look of the east wall of the Broulim’s building as noted in the Planning and Zoning public hearing. Community Development Director Val Christensen explained the concerns with the look of the east wall; however, it will look better with a jog in the wall as it is extended to the east. The wall is not part of the rezone, but it was still discussed. Mr. Oswald will come back to present a design to the Design Standards group of Planning & Zoning. Council Member Stout moved to approve the Rezone of Broulim’s city block from Community Business Center (CBC) to Central Business District (CBD) bordered by West Main Street, North 2nd West, West 1st North, North 1st West (All of Block 31 of the Original Rexburg Townsite, Madison County, Idaho); Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: 4 Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. B. Resolution 2010 – 14 Authorizing and providing for the issuance and delivery of a promissory note to the State of Idaho Bond Bank Authority in a principal amount not to exceed $10,000,000 – Richard Horner Richard Horner reviewed Resolution 2010 – 14 Authorizing and providing for the issuance and delivery of a promissory note to the State of Idaho Bond Bank Authority. The City Council approved the bonding process a few months ago. Council Member Benfield asked for a summary. Finance Officer Horner explained the process to get approval to sell the bonds. The bonding amount is for not more than $10,000,000 with a rate not to exceed 6%. The expected open bid rate is expected to be between 3.5% and 4.0%. The money will come from the state bond bank. The net revenues from the sewer system will make the bond payments. There is 130% available to make the bond payment with 2010 sewer revenues. If additional debt was issued, it would be subordinate to this debt. The notes are tax free bonds to the owners. Exhibit “A” is the note the Mayor and City Clerk will sign. EXHIBIT “A” CITY OF REXBURG Madison County, Idaho WASTEWATER REVENUE PROMISSORY NOTE, SERIES 2010 PRINCIPAL AMOUNT $10,000,000 This Promissory Note is executed in conformance with and pursuant to the Loan Agreement entered into between the City of Rexburg, Idaho, and the State of Idaho Bond Bank Authority (herein called the “Authority”), on December 8, 2010, which is attached as Appendix A, and the Judicial Confirmation Findings of Fact, Conclusions of Law and Judgment attached as Appendix B. Appendices A and B are hereby incorporated by reference. The City of Rexburg shall comply with the terms of the Loan Agreement and in the event of conflict between the terms of Resolution No. 2010-14, adopted on November 3, 2010, and the Loan Agreement, the terms of the Loan Agreement shall prevail. For value received, the City of Rexburg, Idaho (herein called the “Borrower”) promises to pay to the Authority the principal amount of Ten Million Dollars ($10,000,000), at the times and in the amount, together with interest on the unpaid balance at the rates, set forth in the Loan Repayment Schedule, which is attached hereto as Appendix C and hereby incorporated by reference. In addition, the Borrower pledges revenue and income of the Borrower’s domestic water supply and distribution System, whether collected or uncollected and other lawfully available funds of the City as needed to make the payments required under this note and the Loan Agreement, which other revenues the City agrees to appropriate if needed to make such payments, in an amount sufficient to repay all principal and interest as the same becomes due. Every payment made on any indebtedness evidenced by this note shall be applied first to interest computed to the effective date of the payment and then to principal. Prepayments of scheduled installments may be made in accordance with the Loan Agreement. If the Authority at any time assigns this note and insures the payment thereof, the Borrower shall continue to make payments to the Authority as collection agent for the holder. No assignment of this note shall be effective unless the Borrower is notified in writing of the name and address of the assignee. The Borrower shall thereupon duly note in its records the occurrence of such assignment, together with the name and address of the assignee. Any amount advanced or expended by the Authority for the collection hereof or to preserve or protect any security hereto, or otherwise under the terms of any security or other instrument executed in connection with the loan evidenced hereby, at the option of the Authority shall become a part of and bear interest at the same rate as the principal of the debt evidenced hereby and be immediately due and payable by Borrower to the Authority without demand. 5 This note is given as evidence of a loan to the Borrower made by the Authority pursuant to Title 67, Chapter 87, Idaho Code. This note shall be subject to the present regulations of the Authority and to its future regulations not inconsistent with the express provisions hereof. Presentment, protest and notice are hereby waived. Payments shall be transmitted to the Trustee or other designee of the Authority in accordance with the Loan Agreement. Execution of this agreement must be accompanied by a written resolution of the Borrower’s governing body authorizing the signator to sign on Borrower’s behalf for the purpose of this agreement. Dated this 8th day of December, 2010. (S E A L) CITY OF REXBURG Madison County, Idaho Name of Borrower _______________________________ Signature of Borrower’s Executive Official ATTEST: Mayor Title of Borrower’s Executive Official ______________________________ P.O. Box 280 Signature of Attesting Official P.O. Box or Street Address City Clerk Rexburg, Idaho 83440 Title of Attesting Official City, State, Zip Code Council Member Egbert explained the purpose of the bonding effort is to upgrade the sewer system to its full capacity. Finance Officer Horner added the project will improve the current system for handling the smell of the sewage and it will add greater capacity. Council Member Benfield asked about the length of time for the bond. The bond notes are for 15 years. The Resolution allows up to 20 years, but with the growth of the city they want to be sure it is paid off as soon as possible. Council Member Egbert moved to approve Resolution 2010-14; Council Member Sutherland seconded; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. C. Local Highway Technical Assistance Council (LHTAC) Contract with Forsgren Associates, Inc. for 12th WEST CRABS (Cement Recycled Asphalt Base), HWY 33 Project including 1) Consultant Agreement Specifications 2) Scope of Work 3) Approved reimbursable Per Diem rates – Staff Note: LHTAC is authorized to ratify all agreements for engineering services entered into between sponsoring agencies (Rexburg) and their retained consultants. Public Works Director Millar explained the LHTAC requirements through the state. The state typically has six (6) projects per year through LHTAC; however, because of stimulus funding the state had 42 contracts this year. The state fell behind; this contract should have been given to the 6 city before construction was completed. The city was aware of the costs. Staff is asking for approval of a completed contract for 12th West reconstruction. Council Member Sutherland moved to approve the Local Highway Technical Assistance Council (LHTAC) Contract with Forsgren Associates, Inc.; Council Member Egbert 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 Egbert Council Member Stout The motion carried. Staff Reports: A. Public Works: – John Millar 1. City Council approved a contract with The Development Group for an application for a CDBG Grant for the sewer main line project. Rick Miller is working on the grant application and it should be submitted well before the deadline. The sewer project bid is for a new pressure line from the south end of town directly to the sewer plant. It is a good route down US 20; city streets will not have to be torn up for installation. The line needs to be in and going for 1500 new residents on 7th South. 2. The Aquatic Center is moving along at an accelerated rate. They have started on the pool foundation and footings. The weather has allowed good progress. 3. In the park area, the sprinkling systems are installed. They will allow the lines to settle through the winter and the entire park area will be ready to hydro seed in the spring. 4. The Wastewater Treatment Plant is about 95% complete. The bio-tower is near completion. The concrete work is done. The piping is being insulated. They have extra media and are trying to sell it back to the company. The main distributor for the bio-tower will arrive on the 15th of November and it will take 2 days to install it. The project completion date was pushed back two weeks, but the plant should be operational by the end of November. 5. Fall Cleanup will need to be extended to get the tree leaves. 6. 6th South will be paved tomorrow. 7. Cableone will clean up the wire way in the alleys. They will need to bury some lines in the Cresthaven Subdivision. 8. Fence at golf course is completed. 9. A local contractor was given a window from the Tabernacle in order to reverse engineer it and come up with an estimated cost for reconstructing all the windows. The project should be well under budget. The city will take bids and have the windows built during the winter and prepared for installation in the spring. Council Member Mann asked about next year’s street projects. The estimates are available. Council Member Stout asked about a new snowplow for the airport. They need help with the bidding process. The commercial flights need to have a clear runway by 8:00 A.M. B. Finance Department: - Richard Horner 1. Monthly Budget Report No report Calendared Bills and Tabled Items: A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE PUBLIC HEARING PROCEDURE: 1. BILL 1060 Rezone Block 31 of the Original Townsite of the City of Rexburg from CBC to CBD; the city block is contained within West Main Street, North 2nd West, West 1st North, and North 1st West (All of Block 31 of the Original Rexburg Townsite, Madison County, Idaho) City Clerk Kay explained the process seeking the permission of City Council to suspend the rules to pass BILL’s associated with previously approved items through a public hearing process. 7 Mayor Woodland asked for a motion to suspend the rules for “Land Use” BILL’s 1051 and 1060. Council Member Egbert moved to suspend the rules for BILL’s 1051 and 1060; Council Member Sutherland seconded the motion; Mayor Woodland called for a roll call vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. Discussion on BILL 1060 to rezone Block 31 of the Original Townsite of the City of Rexburg from CBC to CBD; the city block is contained within West Main Street, North 2nd West, West 1st North, and North 1st West (All of Block 31 of the Original Rexburg Townsite, Madison County, Idaho) : Council Member Sutherland moved to approve BILL 1060 to rezone Block 31 of the Original Townsite of the City of Rexburg from CBC to CBD; Council Member Stout 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 Egbert Council Member Stout The motion carried. 2. BILL 1051 Abandon & Exchange several properties – Staff (a) Vacating certain platted city property adjacent to 44 South Center of the City of Rexburg, Idaho: Dr. Lane Ward. (b) University Blvd Street Right-of-Way adjacent to 896 University Blvd of the City of Rexburg, Idaho: Rexida, LLC. (c) 7th South Easement made defunct due to the construction of 7th South adjacent to 7th South and 2nd West; Acquire right-of-way for 2nd West expansion: W. R. Henderson (d) Land exchange between the City of Rexburg and Ferguson and Company, LP, P.O. Box 519 Rexburg, Id 83440. The said property is located on the corner of 1st East and Valley River Drive: Ferguson and Company L.P. (e) Vacate a portion of the right-of-way on South 2nd West and West 4th South (Christensen Auto body). City Clerk Kay explained the process to combine these five actions into one ordinance to save on administrative costs; plus allow time to get the deeds prepared and signed transferring the property to the adjoining property owners. Council President Mann moved to approve BILL 1051 to Abandon & Exchange several properties as discussed: (a) Vacating certain platted city property adjacent to 44 South Center of the City of Rexburg, Idaho: Dr. Lane Ward. (b) University Blvd Street Right-of-Way adjacent to 896 University Blvd of the City of Rexburg, Idaho: Rexida, LLC. (c) 7th South Easement made defunct due to the construction of 7th South adjacent to 7th South and 2nd West; Acquire right-of- way for 2nd West expansion: W. R. Henderson. (d) Land exchange between the City of Rexburg and Ferguson and Company, LP, P.O. Box 519 Rexburg, Id 83440. The said property is located on the corner of 1st East and Valley River Drive: Ferguson and Company L.P. (e) vacate a portion of the right-of-way on South 2nd West and West 4th South (Christensen Auto body). Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: 8 Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. B. BILL Introduction: - NONE C. First Reading: Those items which are being introduced for first reading. 1. BILL 1057 Cable TV Franchise Agreement with Cable One, Inc. – Staff City Attorney Zollinger explained the 10 year extension of existing terms is based on the same franchise agreement as last time. Before the City Council gets to the third reading they will have the signed agreement from Cable One. Council Member Sutherland moved to first read BILL 1057 for a Cable TV Franchise Agreement with Cable One, Inc.; Council Member Stout 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 Egbert Council Member Stout The motion carried. D. Second Reading: Those items which have been first read. 1. BILL 1059 - Adopt the International Building Code, 2009 edition, the International Residential Code 2009 edition, the International Mechanical Code 2009 edition, the International Fuel Gas Code 2009 edition and the International Energy Conservation Code 2009 edition, all published by the International Code Council, the NFPA 70 National Electrical Code as currently required by the State of Idaho and the Uniform Plumbing Code as currently required by the State of Idaho and published by the International Association of Plumbing and Mechanical Officials. Mayor Woodland explained BILL 1059 to adopt the International Building Code, 2009 edition. City Attorney Zollinger explained the need for a public hearing on December 15, 2010 for the third reading of the BILL. Major changes were addressed in the last City Council meeting by Community Development Director Christensen. Council Member Egbert moved to second read BILL 1059 to adopt the International Building Code, 2009 edition as amended; 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 Egbert Council Member Stout The motion carried. E. Third Reading: Those items which have been second read. 1. BILL 1055 Amending Ordinance 1026 (Add Medium Density Residential and Mixed Use to Pedestrian Enhancement Zone) 9 Council Member Sutherland moved to approve the third reading of BILL 1055 Amending Ordinance 1026 (Adding Medium Density Residential and Mixed Use Zones to the Pedestrian Enhancement Zone); Council Member Stout seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Benfield Council President Mann Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table: - NONE Mayor’s Report: A. Christmas Lights – $1,000 donation to the Chamber of Commerce for fireworks Council Member Benfield asked to be recused from the decision because it is a Chamber of Commerce event. (Note: She is the Director for the Chamber of Commerce) Donna Benfield explained the event activities to the City Council. The event, Christmas in the Nighttime Sky, will be on Saturday, November 27th, 2010 at Smith Park from 5:00 P.M. to 9:00 P.M. The event is a way to give back to the community. The entrance fee is an unwrapped toy for a child 0 to 12 years old. Admission will include a chili dinner with cornbread, cookies, and hot chocolate. Entertainment will include pictures with Santa, games for children, etc. The evening will end with a fireworks show. The Chamber of Commerce will have 75 boxes of Christmas dinners available to be given to less fortunate families in the community. Council President Mann moved to participate in the Christmas Lights event at Smith Park on November 27th by contributing $1,000 to the Christmas Lights event expenses; Council Member Egbert seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. Mayor Woodland asked the City Council to be aware of a second event at Smith Park on Thursday, November 11th at noon. It is a Veteran’s Memorial Ceremony to honor those who have served our country. Council Member Benfield explained the Veteran’s Day event is open to the public. She asked everyone to come and participate to recognize the military service of the veteran’s. The event will only last an hour. She indicated eleven buses will bring 1,100 students from Madison High School to the event. The Piper’s Brigade and the Police Color Guard will be participating. There will be a fly-over too. A Wreath honoring the veteran’s will be laid at the memorial. Mayor Woodland thanked those who helped in the MYAB Pride Days cleanup event. The Zombie Parade for ghouls (somebody who is morbidly fascinated with death, disaster, or repulsive things or “paranormal” a supposed evil and terrifying spirit) was successful. Consent Calendar: The consent calendar includes items which require formal City Council action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items. Minutes: 10 A. October 20, 2010 meeting B. Approve the City of Rexburg Bills Council Member Stout asked about the bill for mowing airport grass. The Youth Center at City Hall should be continued. The project has been budgeted and authorized by the City Council. Council Member Stout wanted to wait on the construction until the students presented a final plan for the security concerns of the room. Council President Mann asked to continue the building project that was previously approved. Finance Officer Horner explained the need for a second stairwell. Discussion on an inside or outside second stairwell to access the upstairs room. City Attorney Zollinger explained two options; build a stairwell to the storage area or an exterior exit like Jon Weber’s stairwell in the adjoining alley. The exterior exit would cost less money. It would create a completely independent exit without having to build a stairwell through the current storage area. Council Member Stout said there is another vacancy on the airport board - Tom Herbert. Mayor Woodland will take recommendations for a replacement. Council Member Mann moved to approve the Consent Calendar consisting of the minutes, and the city bills; Council Member Sutherland seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Mann None Council Member Benfield Council Member Sutherland Council Member Egbert Council Member Stout The motion carried. Adjournment __________________________________ Richard Woodland, Mayor Attest: ________________________________ Blair D. Kay, City Clerk