HomeMy WebLinkAbout2014.07.16 CITY COUNCIL MINUTES
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July 16, 2014
Mayor Richard Woodland
Council Members:
President Sally Smith Jordan Busby
Donna Benfield Jerry Merrill
Christopher Mann Brad Wolfe City Staff: Stephen Zollinger – City Attorney
Matt Nielson – 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
PFC. Ryan Kamachi led the pledge.
Melanie Davenport said the prayer.
Mayor Woodland thanked the Police Department, Fire Department, and Street Crews for their
professionalism during the flash flood last night. He also commended the university students for
helping those in need.
Roll Call of Council Members:
Attending: Council President Smith, Council Member Mann, Council Member Busby, Council
Member Wolfe, and Mayor Woodland.
Council Member Benfield and Council Member Merrill asked to be excused.
Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes):
Tammy Sluder from Rexburg asked the City Council to allocate funds for a dog park in the future.
She asked for the city’s consideration for a dog park in the budget process. There are a lot of people
who want this. It would keep dogs out of the other parks.
Presentations: - None
Committee Liaison Assignments for 2014:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council Member Mann reported his committees have not met; however, he was invited to the dog
group last Sunday evening. He was impressed with their cleanliness. He thanked the Mayor and City
Staff for the Pool Party and the Mayor’s Reception last Friday evening. The dancers had a wonderful
time. It was one of the best events ever.
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
July 16, 2014
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B. Council Member Jordan Busby: GIS Oversight · Airport Board · Traffic & Safety
Council Member Busby reported his committees have not met; however, he explained the GIS
Surveyor will not be hired at this time.
C. Council Member Donna Benfield: Police · Trails of Madison County · IBC · Teton Flood Museum Committee
Council Member Benfield was excused.
D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre &
Tabernacle Civic Center, Orchestra) · M.E.P.I.
Council President Smith reported her committees have not met; she commended the city crews,
police and fire for their work on the flood. The Romance Theatre was damaged by water for about
$3,000. The west window is still under construction.
E. Council Member Jerry Merrill: School Board · Parks & Recreation · Urban Renewal Agency
Council Member Jerry Merrill was excused. Mayor Woodland said the Parks Department was out
cleaning up today, too.
F. Council Member Brad Wolfe: Planning & Zoning · Beautification Committee
Council Member Wolfe reported he was thankful to be a member of this community with his
neighbor helping save his home from flood water while he was away. He did not attend the last
Planning and Zoning Committee.
He asked Melanie Davenport to report on the Beautification Committee; they are aware of the
community needing to melt together with the students at BYU-I. They made a campaign to Shop
Rexburg First. It is working very well. They have created a wish list for trees, infrastructure, etc.
They looked at Farmington, Logan, and Ogden, Utah, plus Boise, Idaho. They took many pictures
and compiled them onto a CD. This trip was a great experience to get other city’s input. John Millar
met with people from American Falls, too to compare notes.
She also presented findings from the BYU-I Off Campus Householders Association concerning
booting. They have gathered more information concerning the problems from Chief Turman. They
made assignments; Richie Webb was assigned to talk to the booters. Dana Farmer will be talking to
Attorney Zollinger. More information will be provided later.
Ms. Davenport also asked the city to provide a street cleaner to apartment owners to clean up flood
debris in the parking lots. Lower parking lots received more debris.
Council Member Wolfe reviewed the new businesses that are coming to town. Carpet Direct will
be building out by John Deere. The new Maverick will be going in at the corner of Pioneer Road
and Main Street. Idaho Central is building in two locations, on N 2nd East and out by the new
McDonald’s south of town. Mountain America is building at the corner of Main and 2nd E. Zillion
InSight is a market research company that will be moving into the old Super Saver grocery store on
7th S and Pioneer. They plan to employ 200 – 300 employees, all locally.
Mayor Woodland said the University opened their facilities to those who lost their housing last
night. He appreciates all their help in the community.
Mayor’s Report:
A. Idaho Chiefs of Police Association re-accreditation for Rexburg’s Police Department
Mayor Woodland asked Chief Turman to discuss the letter concerning the Police Department’s re-
accreditation. Chief Turman said they were re-accredited July 8th, 2014. They passed with flying colors.
Council Member Busby asked if it would open other doors. Chief Turman said it is a badge of
professionalism.
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Dear Mayor Woodland and Council Members,
It is my pleasure to inform you that the Rexburg Police Department has successfully completed the Idaho Chiefs of
Police Association re-accreditation process. During an on-site inspection by members of the Idaho Chiefs of Police
Association Accreditation Team on July 8, 2014, your police department was found to be in compliance with all
accreditation standards set by the Idaho Chiefs of Police Association.
This milestone achievement came with no small effort. Our special thanks go out to Chief Shane Turman and his staff
for taking this opportunity and putting forth their efforts in meeting the accreditation standards set forth by the Idaho
Chiefs of Police Association. This is an accomplishment that you and the citizens of Rexburg can be proud of as it
demonstrates your dedication to maintaining a progressive and professional police department for your community.
Once again, on behalf of the Idaho Chiefs of Police Association, we congratulate you and your city on this outstanding
achievement.
Sincerely,
R David Moore
Retired Chief of Police, City of Blackfoot
(ICOPA Accreditation Coordinator)
B. Replace Police Department Parking and Safety Attendant
Rexburg Police Chief Shane Turman requested to replace a vacated position, the Parking and
Safety Attendant. The current Parking Attendant is moving out of Rexburg. Discussion:
The City Council was agreeable to replace the position.
Public Hearings:
A. 8:00 P.M. proposed 2015 Budget for the fiscal year from October 1, 2014 to
September 30, 2015 – Matt Nielson
Staff Report: Finance Officer Matt Nielson reviewed the proposed 2015 Appropriation Budget.
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Finance Officer Matt Nielson reviewed the proposed 2015 Budget Highlights.
BUDGET HIGHLIGHTS
City of Rexburg 2015 Budget
Total Budget: $ 59,976,400 up $ 8,913,000 from the original 2014 budget.
Operating Budget is approximately $ 27.6 million of the total, up from approximately $ 26.2
million from last year.
The General Fund has a $ 101,000 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.
Revenues available from the Street Operations Fund for maintenance, street reconstruction, and
the construction of new streets, is $ 2,687,000, about $ 33,300 more than the prior fiscal year budget.
Major street projects include the reconstruction of the Cresthaven Subdivision streets and 2nd
North between Center Street and 2nd East.
Property tax revenues are estimated to increase about $ 383,200 to a total of $ 3,768,400, mostly
due to newly constructed buildings. The current City property tax levy rate is at $ 406 per $ 100,000
of taxable value, which is still the lowest for most cities in southeast Idaho and other similar size
cities.
No new full-time personnel positions are scheduled to be funded this budget year.
Increases in utility rates will be about .7 % for the average homeowner, or about $ .62 per month,
which is attributed to an increase in the garbage service due to a large increase in recycling expenses.
Wastewater and Water needed no increase.
Included in the budget is the completion of the Center Street Fire Station Addition of a second
floor, which will begin in Fiscal Year 2014 and be completed in Fiscal Year 2015. The total cost of
this project is budgeted to be approximately $ 1.8 Million. This project is being funded by a CDBG
Grant, the Fire District, and the Downtown Urban Renewal District.
The budget includes the transfer of the old shop to the police for storage purposes and the
construction of a new shop to be utilized by the street department and mechanic shop. The
budgeted cost is $ 1 million and the funding is coming from the general fund, street fund, and utility
fund.
Major utility construction projects include $ 9.5 million for a possible water well and additional
water infrastructure. Once we have received a report of our current water study it will be determined
how much of that budget will be needed and the City Council may choose to sale bonds to fund
such construction. More additions to the wastewater treatment plant to eliminate odors and add new
capacity for $ 3,000,000 have been included in the budget. 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 reconstruction of the apron. The
airport relocation master plan study will also be included in the budget. These projects are funded
approximately 92.5% by the FAA and the State of Idaho and the rest by the City and the County.
$ 410,000 is budgeted for Riverside Park that includes the completion of the paved parking and a
second access point from 1st East. This improvement is budgeted to be funded by the North
Highway Urban Renewal District. The City has budgeted $ 800,000 to begin constructing a new
baseball/softball quad at Community Fields and the projected completion date of this project is
2016.
This budget includes the Community Safety Lighting Fund of $ 258,800, which is available for
street lighting construction projects, with the remainder budgeted for street light maintenance.
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Large Equipment Capital purchases include a backhoe in streets for $ 100,000. In finance,
$ 80,000 is budgeted for fiscal year 2015 as a savings plan to purchase a new financial package. The
plan is to continue to save a little each year until we have sufficient monies in reserve to make this
purchase when needed.
Mayor Woodland opened the public hearing.
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
Rebuttal: – NONE
Mayor Woodland closed the public hearing for deliberations.
Deliberations:
Council Member Mann thanked Finance Officer Nielsen for his hard work on the budget.
There have been a lot of early morning meetings and all day meeting to get this budget completed.
Council Member Mann moved to approve the proposed 2015 Appropriation Budget as presented
for the fiscal year from October 1, 2014 to September 30, 2015 and moved to first read Ordinance
1118; Council Member Busby seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Wolfe
The motion carried.
Council Member Wolfe said there were 29 meetings in one week on this budget including a drive
around.
Items for Consideration:
A. Conditional Use Permit – Verizon Wireless Monopole – 344 West 4th South
Jared White, 1894 West 1690 South, Woodscross, UT, representing Verizon Wireless reviewed the
proposal to install a new 70 foot cell tower pole. The location was reviewed on the overhead screen; the
equipment will be housed in an adjoining storage unit.
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Staff Report:
Staff recommends that the Commission take public testimony, and determine if there is need for setback
requirements of 75% of tower height from adjoining lot lines, need to be co-locatable for 3 users, and if
there is a need for any buffering, landscaping or other requirements as per the analysis section above.
The Madison County Fire Department, Public Works Director and the City Engineer did not have any
concerns with this proposal.
Community Development Director Christensen reviewed the proposal which is not a heavy
commercial project. He reviewed Chapter 11 of the Development Code concerning Cell Towers. There
are set back options with a Conditional Use Permit. He reviewed the Planning and Zoning conditions to
the proposal.
Discussion:
Council Member Busby reviewed the proposal. Mr. White representing Verizon Wireless explained
Federal Law requires cities to allow cell towers within their cities. He said this location does allow for a
cell tower. Higher Verizon wireless usage than expected requires an additional cell tower in this area to
provide really good coverage.
Council President Smith moved to approve the Conditional Use Permit for a Verizon Wireless 70
foot Monopole at 344 West 4th South with Planning and Zoning’s condition:
Planning and Zoning Public Hearing June 19th, 2014: Conditional Use Permit (Verizon Wireless) for a
70’ monopole to be located at 344 West 4th South, and to include one condition:
1. The setbacks shall be relaxed so that the tower can be placed as specified.
Development Code: (Chapter 11, Section 7.b.iv of the City of Rexburg Development Code requires
that towers be setback “a distance equal to at least seventy five percent (75%) of the height of the tower
from any adjoining lot line”. Furthermore Table 1 of the said section requires the cell tower to be
constructed a distance of 200 feet or 300% of the height of tower whichever is greater from single family
or duplex residential units and 100 feet or 100% of the height of the tower whichever is greater from
multi-family residential. Setback requirements may be reduced by the P&Z Commission.)
The Standard CUP requirements stated in the Development Code No.1026 (“Standards Applicable to
Conditional Use Permits” Section 6.12B) apply to the Conditional Use Permit.
Council Member Wolfe seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Wolfe
The motion carried.
B. Resolution 2014-11 Construction and other noises
City Clerk Kay introduced Resolution 2014-11 to put the City’s noise police in writing. Noise
complainants are given the same information when noise complaints are received by city staff.
It will provide a document to give to the public on noise issues.
Construction & Other Noises
Resolution 2014 – 11
LET IT BE KNOWN TO ALL PERSONS OF the City of Rexburg that Construction
Noise and other noises are allowed by the city of Rexburg’s noise policy. A noise variance for
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construction outside the regular hours may be granted for short periods of time, following Staff
review. Certain types of construction – including some interior work – are allowed at any time.
A. Construction noise on property in the Residential Zones, from construction sites, including but
not limited to sounds from construction equipment, power tools and hammering before 7:00
a.m. and after 10:00 p.m. are prohibited. Construction noise on Sunday’s before 9:00 a.m.
and after 10:00 p.m. are prohibited;
B. Construction activity may be permitted outside the hourly limits set forth in subsection (A)
upon application and approval by the city Community Development Director. Criteria for
approval shall include project remoteness, undue hardship or other reasonable standards.
Approval may only be for specific dates and times and other compelling reasons. The
applicant must show the city that the need for expansion of the hours is caused by
circumstances of an unforeseen and emergency nature or circumstances where there are no other
reasonable alternatives other than the relief requested. Approval may only be for specific dates
and times and under terms that the approving official deems appropriate under the
circumstances;
C. The request for the expansion of the hours for construction related noise shall be made in
writing to the Community Development Director, on forms available from the planning and
development department. Decisions of the Community Development Director on such requests
may be appealed based solely on the above criteria by a party affected by the decision to the
city’s city council;
D. It is further provided that the mayor or designee shall be entitled to exempt from the provisions
of this subsection (A) public agency projects involving work in public rights-of-way, right-of-
way agreements and right-of-way permits, where noise is addressed as a condition of approval
or agreement;
E. Sounds originating from residential property relating to temporary projects performed by the
homeowner for the maintenance or repair of homes, grounds and appurtenances, including but
not limited to sounds from lawnmowers, powered hand tools, snow removal equipment and
any other power motorized equipment before 7:00 a.m. and after 10:00 p.m. on any day of
the week except Sunday and before 9:00 a.m. and after 10:00 p.m. on Sundays;
F. Continuing and/or ongoing sounds from nonemergency motor vehicles audible more than 25
feet away from the vehicle located on or in the vicinity of residential property, which sounds
reasonably cause the annoyance or disturbance of two or more neighbors not residing at the
same address, due to the ongoing or repetitive nature of the sounds, or the very early or very
late hours of the sounds. For the purposes hereof, sounds coming from motor vehicles, including
but not limited to engine sounds, horn sounds, hydraulic or air break sounds, or other
equipment located on the motor vehicle or attached trailer, that are audible more than 25 feet
away from the vehicle located on or in the vicinity of residential property, from 10:00 p.m. to
7:00 a.m. on any day of the week except Sunday and from 10:00 p.m. to 9:00 a.m. on
Sundays, shall be presumed to be a public disturbance noise. Such presumption shall only be
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rebutted upon a showing before the adjudicatory body that the noise was caused by
circumstances of an unforeseen and emergency nature.
G. Continuing and/or ongoing sounds from stereos, radios, televisions, or any musical
instruments audible more than 25 feet away which sounds reasonably cause the annoyance or
disturbance of two or more neighbors not residing at the same address, due to the ongoing or
repetitive nature of the sounds, or the very early or very late hours of the sounds. For the
purposes hereof, sounds coming from musical or viewing devices that are audible more than 25
feet away from 10:00 p.m. to 7:00 a.m. on any day of the week except Sunday and from
10:00 p.m. to 9:00 a.m. on Sundays, shall be presumed to be a public disturbance noise.
H. It is also unlawful, and a violation of this policy, for the owner or other person having control
or custody of any dog, cat, or other animal to allow such dog, cat, or other animal to
habitually howl, yelp, bark, or make other noises which unreasonably disturb another person.
I. Exclusion. This Resolution shall not apply to community events such as parades or regularly
scheduled fireworks lawfully discharged within the city or events at parks, such as public
address systems for baseball games or park concerts between the hours of 9:00 a.m. and
11:00 p.m. This Resolution shall also not apply to public safety training activities between
the hours of 7:00 a.m. and 11:00 p.m.
BE IT RESOLVED that Resolution 2014 – 11 is hereby approved and adopted by
the City Council of the City of Rexburg this ___ day of ____________, 2014.
This Resolution shall take effect ________, 2014.
_______________________
Richard S. Woodland, Mayor
ATTEST:
___________________
Blair D. Kay, City Clerk
Discussion:
The resolution will be reviewed for the next City Council meeting.
Staff Reports:
A. Public Works: – John Millar
1. Approve bid for Evergreen park “parking lot”
Public Works Director Millar requested approval to build a new parking lot at north end of Evergreen
Park. He indicated the low bidder was Depatco for $91,999. Council President Smith reviewed the size of
the parking lot; about 70 parking stall with using the old Pioneer Road for parking. There may be a
possibility to add power in the future for a place for the Farmers Market. Council Member Wolfe asked to
add conduit for future power needs.
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He indicated the low bidder was Depatco for $91,999. This project came in under projections of
$97,000.
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Council Member Wolfe moved to approve the low bid from Depatco for $91,999 for a new parking
lot at Evergreen Park with power considerations (conduit installed for future overhead lighting, and
power conduit for a possible location for the Farmer’s Market; Council President Smith seconded the
motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Wolfe
The motion carried.
Public Works Director Millar asked for permission to replace a vacated sanitation driver position. The City
Council was agreeable to replace the sanitation driver position.
He has received a proposed water permit to convert surface water to ground water for pumping. The offer
from the Department of Water Resources is to grant the City 16.7 cubic feet per second which would
almost double the capacity. We would be able to withdraw from the river up to 4200 acre feet.
The flash flood last night was a once in a hundred years flood. They do not have any cost numbers yet.
Many buildings and homes did get some water damage. They used water pumper trucks to pump water out
of buildings. The wastewater line pump in Millhollow was down for two hours while it was under water.
We are accepting claims for damages. No determination will be made until we meet with the ICRMP
representative. So far, 22 claims have come in. City – County government entities worked very well
together to work on the flood problems. BYU-I had a lot of water damage too. Council Member Busby
asked if the City should keep the second water pumping truck scheduled to be excessed for emergencies like
last night. Discussion on keeping two water pumping trucks.
2. Approve bid for traffic signal at 2nd South and 1st West
Public Works Director Millar requested approval of a low bid to install a traffic signal at 2nd South and
1st West. The total cost is $294.500. Concrete was the reason for the increase.
Council Member Busby moved to approve the low bid to install a traffic signal at 2nd South and 1st
West as discussed; Council Member Wolfe seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Wolfe
The motion carried.
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B. Finance Department – Matt Nielson
1. Approve 2014 amendments to the fiscal year budget by appropriating additional monies
received by the City of Rexburg; and set Public Hearing date and time for August 6th, at 7:45
P.M…
Finance Officer Nielson reported on some of the changes including a few small grants, GIS
Surveyor, and vehicles. This agenda item will be on the next City Council agenda on August 6th,
2014 for a public hearing.
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 2014 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 7:45 pm on the
6th day of August, 2014. 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.
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Discussion:
Council Member Wolfe moved to approve the amendments to the 2014 fiscal year budget by
appropriating additional monies received by the City of Rexburg; and a set Public Hearing date and
time for August 6th, at 7:45 P.M… Council President Smith seconded the motion; Mayor Woodland
asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Wolfe
The motion carried.
Calendared Bills and Tabled Items:
A. 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 1118 Appropriation Budget 2015
AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY
OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 2014, TO SEPTEMBER 30,
2015, 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, 2015; AND PROVIDING FOR THE EFFECTIVE DATE OF ORDINANCE.
Ordinance 1118 was first read after the public hearing: Council Member Mann moved to approve
the proposed 2015 Appropriation Budget as presented for the fiscal year from October 1, 2014 to September 30,
2015 and moved to first read Ordinance 1118; Council Member Busby seconded the motion; Mayor Woodland
asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Wolfe
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 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 02, 2014 meeting
B. Approve the City of Rexburg Bills
Discussion:
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Mayor Woodland asked for a motion:
Council Member Busby moved to approve the Consent Calendar and pay the bills; Council
President Smith seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Wolfe
The motion carried.
Council President Smith commended all of the staff including Police, Fire, County and other city
staff on the flood cleanup. There will be a critique of the operation.
Adjourned at 8:19 P.M.
APPROVED:
_______________________________
Richard S. Woodland, Mayor
Attest:
_______________________________
Blair D. Kay, City Clerk