HomeMy WebLinkAbout2014.08.06 CITY COUNCIL MINUTES
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August 06, 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
David Hink led the pledge.
Randy Lewis said the prayer.
Roll Call of Council Members:
Attending: Council President Smith, Council Member Benfield, Council Member Busby, Council
Member Merrill, Council Member Wolfe, and Mayor Woodland.
Council Member Mann asked to be excused.
Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes): -
None
Presentations:
A. Mayor’s Youth Advisory Board Report (Idaho Youth Summit at Coeur d'Alene, Idaho –
MYAB)
Brianne Groom Chairman of the MYAB introduced her group and their presentation on their trip
to Idaho Youth Summit in Coeur d’Alene in June.
Julianna Nicolosi reviewed the “family groups” and ropes course challenge and the polar bear
plunge.
David Adams reviewed the theme of the Idaho Youth Summit which is “Trendsetter, Do
Something Worth Following”. He reviewed one speaker’s story about baby elephants being mean to
the rhinos and killing them. When they brought in the big adult elephants, the baby elephants
started behaving better because of the example of the adult elephants. Another speaker gave a
quote, “Life is like a magnifying glass – what you look at becomes bigger so focus on the positive
and it will become bigger.”
Brianne Groom summarized the breakout sessions that were presented by groups such as the
American Lung Association, Idaho Meth Project, Cossfit, etc. The block party had different
vendors, and colleges, etc. Her favorite part was to step out of her comfort zone and learn a lot of
leadership skills. We would also like to start an IDFY chapter here.
Mary Flanary from the Customer Services Department is the MYAB Advisor. She was a little
apprehensive about the trip but it turned out to be a neat experience. She was impressed with her
group of youth that she took and the way they got involved and represented Rexburg well. The
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 06, 2014
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theme this year was “Trendsetters”, because they want the youth to be the trendsetter in their school
by doing good things with confidence so that others will want to follow and do the same. Saying no
to drugs and alcohol, putting an end to bullying, being a friend to those in need, are all the main
goals of Idaho Drug Free Youth. Her favorite part was the family groups. It was amazing to see
them start out as strangers but leave as friends. She thanked Lt. Colin Erickson and the Mayor and
City Council for allowing the trip to be possible.
B. Wellness Program review – Shellie Tolman
Shellie Tolman from the Customer Services Department thanked the sponsors of the City’s
Wellness Program. She reviewed the event and thanked the participants for a successful wellness
event. She reported there were 53 participants with 10 in the running for an extra day off.
Wellness Program Recap 2014
53 participants
8 did the exercise challenge
10 are in the running for an extra day off
Biggest Loser Winners:
1st Place-Chuck Kunsaitis lost 22lbs!
2nd Place-Kyle Baldwin lost 17lbs!
3rd Place -Jeremy Coles lost 15.2lbs!
Most minutes exercised Kerry Anderson 2,930 min=48.83 hours
Several People said they want to continue with their exercise routine.
The winners ended up being spread out over several departments. The goal is to keep people
healthy. They want to start another challenge in September and change it a little by adding more days
to the exercise challenge. This time everyone will have two chances to meet their goal. She thanked
the local businesses for their donations and support and she thanked the Mayor and City Council for
their support.
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C. Palmer/Ricks subdivision review of raw sewage damage to homes – Cammie Muir
Cammie Muir thanked the first responders for visiting the flooded homes on the night of July 15th,
2014. She presented a few pictures on the overhead screen of the damage caused by raw sewage
getting into 11 homes on 2/26/2006 in the Palmer/Ricks Subdivision due to a ditch overflowing.
She indicated there was nothing done to rectify the problem. On July 15th, 2014, 26 homes were
flooded with raw sewage due to a flash flood. She talked about the lack of the City doing anything
from the last flood.
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Ms. Muir indicated some of the homes were flooded up to the top of the basements. She asked how long will it
take to rectify the problem. They are unaware of anything being done since the last time this happened eight years
ago. She asked why the city spent $80,000 on the community gardens for a hand full of people instead of spending
the money on the lift station in their neighborhood. The development should not have been approved in a flood
area where a drainage ditch was put in by a farmer. She indicated that our city’s infrastructure is supposed to be
reliable and up to date, they as tax payers are entitled to have the city do their job which the number one priority is
safety and reliable infrastructure. She wanted to know who was responsible for the ditch. She asked for a generator
to be put at the site of the lift station in case the power goes out again. They never had problems with sewage back
up and water overflowing the ditch until Hidden Valley was built. Twenty Six homes had raw sewage in their
basements. She said they did provide a lot of jobs for the restoration companies. She reviewed the negligent
behavior of the city concerning the sewer system damage. It happened twice so the City does know there is a
problem; she quoted Paulo Coelho “everything that happens once can never happen again but everything that
happens twice will surely happen a third time”. She had three questions:
1. What is the purpose of the community gardens?
2. What are our plans for the lift station?
3. When can we expect compensation for their losses?
She requests a city liaison to report to them weekly on any progress.
D. Hidden Valley Subdivision Flash Flood – Alisa Smith (Todd Smith gave the presentation for
Alisa Smith)
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Todd Smith first asked the City Clerk to read a letter about the flooding from Fran and Art Ericson
before giving his presentation. He then wanted to make it clear that the ditch they are going to be
talking about is different than the ditch which was previously discussed in the Ricks/Palmer
subdivision. Time was given to Todd Leishman to tell his story.
Letters concerning the flash flood to City Council, Staff, and Mayor Woodland:
=======================================================================
July 31, 2014
Director of Public Works John Millar City of Rexburg
35 North 1st East Rexburg, ID 83440
Dear Director Millar,
As you are aware, on July 15, 2014 a devastating and unexpected storm struck Rexburg leaving in its wake
severe flooding and, in many cases, major property damage and destruction. We are one of those families
that were affected in a very significant way. Our home, located at 256 East 5th South, had nearly 8 feet of
standing water in the basement, estimated to be approximately 70,000 gallons. Everything in the basement is
a total loss, with an estimated replacement and reconstruction cost approaching in excess of
$85,000.00.
We are grateful the storm struck in the daytime hours, allowing our family members to safely escape the storm
waters that quickly filled the basement. Four of our grandchildren had their bedrooms in our basement; had
the storm struck in the nighttime hours, there likely would have been loss of life. This possibility is unthinkable.
We understand that city sewer and drainage systems were overwhelmed by the volume of water which fell in
such a short period of time. However, we wish to express our concern with the apparent lack of attention by
the city and property owners directly behind our home to be in compliance with current building codes
intended to mitigate such problems.
In making this request, we speak specifically of Teton Village and Aspen Village. For years (we bought the
home in May 2002) we expressed concerns to these property owners due to lack of maintenance of open
spaces behind us and the fence they had erected. Each time we expressed such concern we were invited to
solve the problem ourselves, that they had no intention of doing anything. We expressed our concerns to the
city and the only action taken was on one occasion the trimming of very overgrown weeds.
Like many, we did not carry flood insurance. We understand the city is assuming no responsibility for our
loss. We understand that our property value will be severely affected because of this event in the short- term,
if not permanently.
We are currently living out of the country, in Cuernavaca, Mexico with plans to return to Rexburg the end of
June 2015. Because of our absence from Rexburg we had stored virtually everything we owned in our
basement. We have essentially lost everything we owned. Now, we are doing the best we can, from afar, to
rebuild and recover.
It is not our intent to involve the city in any legal action. We simply wish to appeal to your sense of public
responsibility and ask that you immediately enforce appropriate compliance to city building and property codes
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and that consideration be given to constructing appropriate barriers to mitigate such problems in the future.
Todd Leishman reviewed his situation since he moved in twelve years ago. He commented on the
ditch and the debris that collects each year. Each spring he has to dig and remove weeds, silt, and
potatoes from the ditch to prevent the culvert from flooding. One spring the ground was frozen and
water came running down into the ditch which wasn’t able to take on the amount of water so it
flooded his basement that luckily wasn’t finished at the time. The city brought sand bags to help
stop the water. The year after there was so much water that it rose on top of the sand bags and
flooded the basement a second time with water and mud. After that year Don Blunk put in a short
retaining wall as a base, similar to a foundation wall, Mr. Lieshman then built a cinder block wall on
top. He did everything he could to prevent the flooding and it still didn’t prevent flooding on July
15. This time his basement was finished. The water broke four windows and put five feet of water in
his basement. He reviewed the value of the homes going down due to the flooding. He reviewed a
levy that was built on the low side of a new road up the hill by an LDS Church. The levy broke
which he believes caused even more water to flow down the ditch. The ditch water ended up
crossing his garden into his home. In some places the ditch is only two inches deep.
His questions are:
1. Who owns the ditch?
2. Who is the engineer who designed the ditch?
3. Who decided the water would turn 90 degrees in the ditch by his home.
4. Who built the dirt dam at the top of the hill?
He asked for a solution that would help him.
Several pictures showed the three foot hole in the levy by the church. The levy is about 12 feet high.
He showed other pictures of the levy and ditch. The levy funnels the water down to his home.
He showed a video of the water flowing past his house.
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Todd Smith reviewed the damage caused by the flash flood on July 15th, 2014. “Our home is at 109
S. Hidden Valley Rd. The ditch behind our home damned up with silt, rocks and debris which
caused it to overflow into our yard and house, as well as a river of water flowing from several
neighbors’ yards to the south of us. The railroad tie retaining wall that separates his property and his
neighbor’s property was completely washed away as well as the brick retaining wall on the other side
of his property. The flood water in his home was over two feet deep. He and his daughter went
downstairs when the rain began to check for any leaks. They were in one particular bedroom when
the window well filled up within seconds. He turned to his daughter and said we need to leave now,
just as they turned to leave the window blew out causing a few cuts on his daughters feet and water
began filling the room. They closed the door to try to prevent more flooding in other rooms, when
the water filled the room the pressure was too much and it blew the door.
Todd Smith continued to show a video of the water flowing down from the hill into the
subdivision. It was very muddy water going through the subdivision. He showed pictures of his
flooded basement. He thanked the city crews, police, firefighters and all who helped with assistance.
He continued to show pictures of the ditch. The water that flooded the Leishman home to the north
of them breached the wall built by the city and filled their basement with several feet of water. The
drain by the Leishman home was clogged and the flow of water then went into Blake Arnold’s home
as well. He expressed their gratitude for the city’s help in subsequent storm alerts; however, they
need to have a plan to mitigate the risk for future flooding caused by acts of nature and they would
like to be informed of any plans of fixing the problem.
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Council Member Merrill asked what can we do? Mayor Woodland indicated the city is seeking
federal grants.
Public Works Director Millar said the Hidden Valley Subdivision was started in 1998 or 1999 with
eight or nine phases. The ditch is owned by the subdivision developer, Gene Palmer. The ditch
location and ownership was reviewed on the overhead screen. Mark Berntsen owns the section of
ditch along his property. The city maintains it as they can, cleaning it out of debris and snow at least
twice a year. The ditch goes to the Lieshman home and turns 90 degrees to the west to some catch
basins; then it drains into a ditch northward that goes into the city’s ditch. The city’s ditch was
constructed in the late 1800’s which is about 1.5 miles. Mr. Lieshman said the ditch is flat at his
location and has never been dug out. Discussion on who is responsible for the ditch and what water
it is supposed to catch.
Darrell Layton gave his story about storms in Canada; and this storm is nothing compared to what
he has seen in other places. He referred to the national drainage code and how the city has adapted it
and each property should be looked at individually. His concern is that he built his house based on
the city; he put his faith in City Government and developers to ensure his safety. Was the
subdivision engineered correctly? If so it should have proper drainage. His basement was flooded
over his head. He got to swim in his basement. He was concerned with someone drowning in a
flood in the future especially if it occurs in the night. He wants to sell his home but the real estate
professionals told him his home value has gone down.
Council Member Merrill What can we do to make sure it doesn’t happen in the future and asked
for more information. He went to Mr. Layton’s property and to others to look at the drainage.
Discussion on the subdivision ordinance and when it came into effect.
Council Member Merrill continued to review the several locations that doesn’t have a story water
plan.
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Mr. Layton said he is looking at a $200,000 loss. He again referred to the international flood code.
If he would have known that water was going to flood his basement multiple times, he would not
have built there. His area does not have any what he calls cesspools to catch the water like the
Henderson Subdivision does. He is under the impression that the city knew about this drainage
problem before he built and still hasn’t done anything to fix it.
Audience member said they never had sewage problems until Hidden Valley was built and she
wanted to know who signed off on the Hidden Valley Project.
John Millar said the water has been going in the ditch since before Hidden Valley was built.
Audience member: How many homes is the lift station supposed to be maintaining? John Millar
said 250 homes. She has had many times when the sewer comes up in her home. Why is there not a
second lift to the lift station? John Millar indicated that there are two pumps at that lift station.
What is the future plan for the lift station? Home owners are upset with the City. They consider the
lift station having multiple problems and two major problems. They want a generator at the lift
station for backup power and a plan to ensure that it doesn’t fail again.
Council Member Merrill asked how the storm water got in their basements. The ditch ran over
west of the lift station plus storm water coming through the homes and manhole covers puts
pressure into the drains that leads to the lift station. When sewer systems are designed, they aren’t
designed to compensate for homes being flooded with water.
Audience member again indicated that they haven’t had a problem with runoff water and flooding
until Hidden Valley was engineered and built and their runoff goes to the Ricks-Palmer Subdivision.
Council Member Merrill asked again what can we do?
Public Works Director Millar said one idea to solve the problem is to build a new lift station,
Audience member said she thought the city was going to move the lift station to the other side by
the school and it was never done. She also questioned why the US Government would need to fix a
city problem through grants. John Millar said they filed a grant two years ago to pipe the ditch and it
was denied twice.
Mayor Woodland said the City Council is ready to form a task force to get some answers. There
was a request to hire an outside engineering to be on the task force.
Audience member asked why the lift station wasn’t moved eight years ago, John Millar said
because the problem was man made, the school district filled the ditch full of snow which melted
and flooded the area. It is hard to find and fine those who dump trash illegally.
Mayor Woodland said they would like to get some answers as soon as possible within a month.
Audience member asked if it is possible to move it up so if there is a need to do any construction,
there will be enough time before the snow comes.
Council Member Wolfe said he is very motivated to find some answers to solve the flooding
problems starting tomorrow. He wants letters and written suggestions they can take into
consideration to help in their meetings. In this case the needs of a few out way the needs of many.
Council President Smith was in the command center at the time of the flood. It ran very well. It
was a combined effort of everyone. These last few weeks, the city has met with state and federal
officials to seek solutions. The City’s engineering staff is aware of the problem and things are
happening, we understand the problem and don’t want to have it happen again. She went through
the Teton Dam flood and can relate to them.
Council Member Busby said they will have answers in two weeks at the next meeting.
Council Member Benfield agreed that there will be a report in two weeks of what has been taking
place to fix this problem; she would like the problem areas to be looked at and fixed to keep this
from happening again. She would like to hear from staff at next meeting too.
Council Member Merrill reviewed that taxes are paid to the federal government and they have
grants available to help the city.
Public Works Director Millar said the flash flood was an unprecedented event. There has never
been a storm of this magnitude.
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Council Member Busby said the City will continue to support with the cleanup effort and to let
the city know if they have anything that needs to be removed.
Mayor Woodland thanked those for being there and assured them that the city will keep working to
come up with answers.
12 minute break at 8:40 P.M.
Committee Liaison Assignments for 2014:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council Member Mann was excused.
B. Council Member Jordan Busby: GIS Oversight · Airport Board · Traffic & Safety
Council Member Busby reported the Airport Board met to discuss the slurry seal project on the
back taxi way with a 50/50 split with the county.
C. Council Member Donna Benfield: Police · Trails of Madison County · IBC · Teton Flood Museum Committee
Council Member Benfield reported the Police Department just crack a burglary case with six
juvenile’s and one adult over hundreds of car burglaries. Also, a police auction will be held behind
the Fire Department on Friday. The Trails of Madison County Committee had a great article on the
new bike park along the river.
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 MEPI met Monday with some great things happening in the
community.
E. Council Member Jerry Merrill: School Board · Parks & Recreation · Urban Renewal Agency
Council Member Jerry Merrill reported on a meeting with Superintendent Thomas. They plan on
a levy election on August 26, for more revenue. The Rush Triathlon is coming up on August 16.
They are hoping for more to sign up. Rexburg Rapids has rebounded from earlier cool weather.
Rentals are surpassing last year’s numbers. Summer recreation is wrapping up and fall programs are
getting ready. The baseball park is still in the planning stage and still needs to be presented before
the school board.
Council Member Busby asked if Rexburg Rapids could be opened early with hot weather. It is a
scheduling issue with the weather. It costs more money to heat the pool in May and early June
because the nights still get cold.
F. Council Member Brad Wolfe: Planning & Zoning · Beautification Committee
Council Member Wolfe reported Planning and Zoning will meet tomorrow night. Light Industrial
buildings are looked at on a case by case basis with general direction in the code. Community
Director Christensen said the Design Review Committee would like some code guidance in their
review process. In many cases the committee is made up with different people which causes variance
in their decisions. There is a need to have more continuity in the Design Review Committee.
Mayor’s Report:
Mayor Woodland thanked the City Staff including the Police Department, Street Department,
Parks Department and the Fire Department for their help with the flash flood.
Public Hearings:
A. 7:10 P.M. Land exchange between the City of Rexburg and Basic American Foods, Inc.
located on North 5th West between 5th North and 7th North – Staff
Staff Report:
Larry Larson, an attorney from Idaho Falls for Basic American Foods reviewed the proposal to
exchange properties. Each property would be better served by exchanging the properties. He
said the trade value was a fair trade because of what the city has planned for it. He reviewed the
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city’s request to have the 22 acre parcel north of Eagle Park included in a future Urban Renewal
District. The acreage is next to a waste water pivot to relieve the plant of waste water affluent.
Right now the six pivots next to their plant are getting watered from the water they use to wash
potatoes and the water that comes out of the potatoes when dehydrating them. They are at
maximum capacity because they can only operate as fast as the fields will absorb the water. The
possibility of a road through the pivot area would cause a loss of plant production because there
would not be enough field to absorb the water quick enough. Council Member Merrill reviewed
the possibility of extending 5th West north across their property. At this point Basic American
Foods is not willing to give up any piece of property to the Urban Renewal District.
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.
City Attorney Zollinger reviewed the two sites and the associated improvements. The Urban
Renewal District would like that property to be added so that the entire district can pay for a bridge
there and not just the two adjacent properties in the form of a L.I.D.. Eagle Park is partly owned by
Basic American. They have licensed that area to the city and since, the city and Boy Scouts of
America have put in camp sites, water spickets, and park shelters. The staff does view these
properties as a fair trade.
Council Member Wolfe asked if 5th West needed to be extended in the future, how would we go
about it?
City Attorney Zollinger explained that if this is not connected to the current Urban Renewal
District and laws do not change in the near future, you can only extend Urban Renewal funds within
the Urban Renewal District. Urban Renewal anticipates significant growth by the north interchange
forcing us to increase infrastructure to that area. If we do not include this area in the district now
then it will unlikely be included in the future losing funding from the district for a bridge. The
adjacent property owners would then be responsible for the funding of the road. In the future if we
feel that the best place for a road is on the property line of Basic American then we will do what is
necessary to make it happen. Basic American is a good neighbor to the City of Rexburg.
Council President Smith said based from her experience, the property values are similar.
Council Member Busby asked Attorney Larson his feelings on what City Attorney Zollinger just
said about possible putting a road there in the future.
Attorney Larson said agreeing to the Urban Renewal Plan now would limit their concerns in a
condemnation proceeding in the future.
Discussion on the timing for an Urban Renewal District on North 2nd East. City Attorney Zollinger
said the city won’t move forward on 5th West unless a determination is made in the public interest to
build the road.
Attorney Larson asked for approval of the proposal.
(The first site was a parcel (1.131 acres) purchased by the City to relocate some trailers; the second parcel
(approximately 6 acres) was a leased parcel used by the City for Eagle Park along the Teton River.)
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RESOLUTION NO. 2014-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO,
APPROVING THE EXCHANGE OF REAL PROPERTY BETWEEN THE CITY OF
REXBURG AND BASIC AMERICAN FOODS, INC; AND AUTHORIZING AND
DIRECTING THE MAYOR, TO EXECUTE ALL NECESSARY DOCUMENTS
REQUIRED TO IMPLEMENT THE EXCHANGE; AND PROVIDING AN
EFFECTIVE DATE.
THIS RESOLUTION, made on the date hereinafter set forth by the City Council of the
City of Rexburg, Idaho, a municipal corporation under Idaho Law, hereinafter referred to as the
“City.”
WHEREAS, the City, is authorized to exchange real property in accordance with Idaho
Code, Chapter 14 & 20, Title 50;
WHEREAS, the City is the owner in fee simple title of real property described on Exhibit A
attached hereto and made a part hereof (“City’s Relinquished Property”);
WHEREAS, Basic American Foods, Inc. is owners in fee simple title of that certain parcel
of real property described on Exhibit B attached hereto and made a part hereof (“Basic American
Foods, Inc. Relinquished Property”);
WHEREAS, the City and Basic American Foods, Inc. desire to accomplish a real property
exchange, in order that on the completion of such exchange, the City shall be the owner in fee
simple of the Basic American Foods, Inc. Relinquished Property and the Basic American Foods,
Inc. will be the owner in fee simple of the City’s Relinquished Property;
WHEREAS, City staff has reviewed the Exchange and recommends approval of the
Exchange as a fair value for value exchange;
WHEREAS, the City Council finds it in the best public interest to approve the Exchange
and to authorize the Mayor to execute all necessary documents to implement the transaction subject
to the conditions set forth below.
NOW THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF
THE CITY OF REXBURG, IDAHO, AS FOLLOWS:
Section 1. That the above statements are true and correct.
Section 2. That the Exchange is hereby approved and accepted.
Section 3. That the Mayor is hereby authorized, permitted, and directed to execute all
necessary documents required to implement the actions contemplated by the Exchange subject to
representations by all parties to the exchange.
Section 4. This Resolution shall be in full force and effect immediately upon its
adoption and approval.
AFFIRMED AND PASSED by the Rexburg City Council of Rexburg, Madison County,
Idaho, this 6TH day of August, 2014.
Richard S. Woodland, Mayor
ATTEST:
By:
Blair D. Kay, City Clerk
Deliberations:
Mayor Woodland asked for a motion:
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Council President Smith moved to approve Resolution 2014-14; the land exchange between the
City of Rexburg and Basic American Foods, Inc. located on North 5th West between 5th North and
7th North and authorizing the Mayor to execute the documents required for the land exchange;
Council Member Benfield seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
Discussion on the two properties.
B. 7:45 P.M. – Ordinance 1119 Amend Appropriation Budget 2014 – Ordinance 1100 – Matt Nielson
Staff Report:
Finance Officer Nielson reviewed the changes and amendments to the 2014 Appropriation
Budget. The amendment is for $1,211,400.
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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 Merrill reviewed the funds that are being amended from carryover funds. The
parks fund is increasing due to a land sale.
Mayor Woodland asked for a motion:
Council Member Merrill moved to approve the amendments to the Appropriation Budget 2014
and first read Ordinance 1119; Council President Smith seconded the motion; Mayor Woodland
asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
Items for Consideration:
A. Rezone approximately 99 Valley River Drive from Light Industrial (LI) to Mixed Use 2
(MU2) (This area is directly west of the K-Mart Building on North 2nd East)
Jonny Watson from Rexburg indicated the property west of K-Mart was changed on the
Comprehensive Plan. Mr. Chan wants a zone concurrent with property to the south.
Council Member Merrill asked if the K-Mart property was going to be improved where there is a
vacant building. A letter is being sent to the sub-let property owner to clean up the property
including landscaping. City staff has been working with Mr. Chan on ways to improve his property.
Public Works Staff Review Comments:
Rezone Application
File #14 00243 – CK Chan
Requesting to change the zoning from Light Industrial (LI) to Mixed Use 2 (MU2)
Property Location: Approximately 99 Valley River Drive
1. The property proposed for the rezone is a long narrow section with part of the property
already committed to parking for the K-Mart store. The parking is not critical to the store,
but a modification will need to be made to release the commitment to the old K-Mart store.
Without the release on the parking, the developable property is only approximately 80 feet
wide and is not large enough for independent development. The parking issue will need to
be resolved during the proposed rezone process.
2. Utilities for the property will have to come from the K-Mart site and arrangements will need
to be made if this parcel is to be separated from the original development. Water and sewer
is available at the back of the existing store.
3. The area that is proposed for a zone change is within the flood plain and will need to be
filled to approximately the elevation of the property directly to the east. A flood plain
certification will then need to be obtained if possible.
4. There is also only one access to a city street. An access agreement may be needed to the
property to the east to provide two access points.
Discussion:
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Planning and Zoning Public Hearing on July 17th, 2014.
Val Christensen said the current zoning is Light Industrial. The Comprehensive Plan map land use
designation was recently changed to Neighborhood Commercial/Mixed Use. The requested zone of Mixed Use 2
is allowed under that land use designation.
The Public Works staff review expressed concerns about the parking, utilities, the area being in the flood plain,
and access. Mr. Christensen stated that at this point it is hard for the City to determine what would be required.
If a big box came in, the parking may not be allowed to go away. All building issues would be reviewed at the
time of the building permit process for whatever development may come here.
There may be a new flood plain map in the next few months if it is accepted by FEMA (Federal Emergency
Management Agency). On the new map, the property would not be in the flood zone.
The Chair clarified that tonight the only decision to be made by the Commission is whether to change the zoning
of the subject property from Light Industrial to Mixed Use 2.
Cory Sorensen motioned to recommend to City Council approval of a zone change from Light Industrial (LI)
to Mixed Use 2 (MU2) for the property located at approximately 99 Valley River Drive. Tisha Flora
seconded the motion.
None opposed. Motion carried.
Mayor Woodland asked for a motion:
Council Member Merrill moved to rezone approximately 99 Valley River Drive from Light
Industrial (LI) to Mixed Use 2 (MU2) and consider Ordinance 1120 first read; Council Member
Wolfe seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
B. Preliminary Plat – Tamana Fields South Phase One
Mr. Woodson from Keller and Associates reviewed the proposal on the overhead screen. They met
the requests from Planning and Zoning. It is a three lot commercial subdivision. He reviewed the
two access points on Yellowstone and a temporary one on University Boulevard.
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Discussion: Water runoff and drainage. There is an infiltrator system at the bottom of the hill on both sides
to help with the drainage.
Mayor Woodland asked for a motion:
Council Member Busby moved to approve the Preliminary Plat for Tamana Fields South Phase
One; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
C. Resolution 2014-11 Construction and Other Noise
Construction & Other Noises
Resolution 2014 – 11
LET IT BE KNOWN TO ALL PERSONS OF the City of Rexburg that
Construction Noise and other noises including snow removal equipment are
allowed by the city of Rexburg’s noise policy. A noise variance for 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. is
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, and any other power motorized equipment
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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 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, regularly scheduled fireworks lawfully discharged within the city, 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:
Council Member Busby asked if 7:00 am start was a little late and suggested changing it to start at
6:00am instead. He also asked how many complaints we get?
Police Chief Turman said we get complaints every day multiple times. He explained the resolution will
give clarity on what we have been enforcing, right now it more of a rule of thumb. This will give us a
definition. Constructions will be able to get permission to do certain things, where before we would
have to shut them down when we got complaints.
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Council Member Wolfe asked if snow equipment is excluded; City Clerk Kay said snow equipment
was excluded.
City Attorney Zollinger said this ordinance summarizes all noise policies and puts them into one spot
where it will be easier to find.
Mayor Woodland asked for a motion:
Council Member Busby moved to approve Resolution 2014-11 for Construction and Other
Noise; Council Member Wolfe seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
Staff Reports:
A. Public Works: – John Millar
1. Report on Water Study Marvin Fielding, Riley Bradshaw, Jim Mullin (Keller Associates)
They reported in the water study the city needs two additional wells at about 1500 gallons/min each,
several booster pumps, and 2 million gallons worth of water storage and improvements on pipe
lines.
They project that Rexburg will reach 54,000 people by the year 2023. They use this projection and
water usage to help predict when upgrades are needed. You usually need one well for every 5,000
people. Peak demand is at night when everyone irrigates their properties. The city is split into three
pressure zones, each zone is different, two are needing more storage tanks and one is doing ok. You
need 1,000,000 gallons of storage for every 12,500 of people. There is a 6,000 gallons per minute
deficiency due to high fire demand. Some small fire flow deficiencies were noted. Some wells water
lines are starting to drop. Main street water improvements are needed with additional water lines. As
well as several other improvements.
Reviewed slide 8.1 and 8.2
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Reviewed slide 9
The City will need a bond election or judicial confirmation if the payback extends beyond one budget cycle.
Public Works Director Millar would like to review the study for an additional 30 days to look at old water
lines that have been installed for a long time.
Council Member Benfield referred to water line failures in LA County breaking at the rate of nine to ten
lines per day. Their water lines were built in 1920; we have lines that are a little older.
2. Resolution Authorizing the Public Works Director to sign FAA grant applications
City Engineer Davidson asked for approval of the Resolution to apply for FAA Grants.
Discussion:
City Engineer Davidson This will entitle the Public Works Director to sign the grant applications,
once we are granted a grant, the city council and mayor will still need to approve and accept them.
RESOLUTION NO. 2014-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REXBURG, IDAHO, AS CO-SPONSOR OF THE REXBURG-
MADISON COUNTY AIRPORT, AUTHORIZING THE
EXECUTION OF THE APLICATION FOR FEDERAL
ASSISTANCE AND THE STANDARD DOT TITLE VI
ASSURANCES AND ADOPTING AND RATIFYING THE
REPRESENTATIONS AND ASSURANCES CONTAINED
THEREIN;
THIS RESOLUTION, made on the date hereinafter set forth by the City Council of the
City of Rexburg, Idaho, a municipal corporation under Idaho Law, hereinafter referred to as the
“City.”
WHEREAS, the City, as a Sponsor of the REXBURG-MADISON COUNTY AIRPORT, will and have
submitted projects to the Federal Aviation Administration, U.S. Department of Transportation, for a grant of
Federal funds for a project at, or associated with, the REXBURG-MADISON COUNTY AIRPORT.
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WHEREAS, the City Council hereby authorizes all executions of the Application for Federal
Assistance, and Standard DOT Title VI Assurances, on its behalf, as Co-Sponsor of the REXBURG-MADISON
COUNTY AIRPORT, by the Public Works Director of the City of Rexburg.
WHEREAS, the City Council hereby adopts and ratifies the representations and assurances contained
in the Application for Federal Assistance, and the Standard DOT Title VI Assurances,
AFFIRMED AND PASSED by the Rexburg City Council of Rexburg, Madison County,
Idaho, this 6TH day of August, 2014.
Richard S. Woodland, Mayor
ATTEST:
By:
Blair D. Kay, City Clerk
Council Member Busby moved to approve Resolution 2014-17 authorizing the Public Works
Director to sign the FAA grant applications; Council President Smith seconded the motion;
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
3. Bid results for 2nd East project (1st South to 3rd South)
Public Works Director Millar reviewed the bids and asked for approval of Depatco’s bid of $178,270.
Discussion:
Council Member Merrill moved to approve the low bid for the 2nd East project (1st South to
3rd South); Council Member Wolfe seconded the motion; Mayor Woodland asked for a vote:
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Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
4. Authorize Contract with Forsgren for the Airport Apron Reconstruction
Public Works Director Millar discussed earlier in the meeting how he felt it was needed. Everyone wants
to find answers and doesn’t want to have to have another meeting like it.
Council Member Busby asked about the 2nd Phase of Mesa Falls. It will connect to University Blvd.
City Engineer Davidson asked for authorization from the Mayor and city council to accept two FAA
Grants, one for the Master Plan study for the airport location and one for shoulder grading, bringing up to
safety standards, the runway shoulders.
Council Member Busby moved to authorization the Mayor to accept and process two pending
FAA Grant applications; Council President Smith seconded the motion; Mayor Woodland asked for
a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
Discussion:
City Engineer Davidson asked for approval for the predesign of the airport apron including test holes by
Forsgren and Associates.
Council Member Busby moved to approve the authorization of the contract with Forsgren and
Associates for the Airport Apron Reconstruction; Council Member Merrill seconded the motion;
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
Airport Road Discussion: The County will support the reconstruction of Airport Road. It will cost the city
half of what it would normally cost with the support of the county. The city uses Airport Road daily with
the garbage trucks and other maintenance vehicles.
City Engineer Davidson asked for approval for the reconstruction of Airport Road Main Street to the
Transfer Station.
Council Member Wolfe moved to approve change order to cover the joint venture with the county
for the reconstruction of Airport Road; Council Member Merrill seconded the motion; Mayor
Woodland asked for a vote:
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Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
B. Finance Department – Matt Nielson
1. Ordinance 1118 was modified to take a surveyor position out of the 2015 Budget.
2. The land swap (Parks Department) may need to repay the wastewater fund for the asset being
added to the park system.
Councilmember Busby asked about how much the community gardens cost the city. Chief
Finance Officer Nielson said about $22,400. Money used for the gardens comes out of a
separate budget from the wastewater.
C. Community Development Director Val Christensen reviewed the July building permits.
Wal-Mart will start their plan review for a new Wal-Mart store on North 2nd East in January, 2015.
Calendared Bills and Tabled Items:
A. USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE
PUBLIC HEARING PROCEDURE:
1. Ordinance 1120 to rezone approximately 99 Valley River Drive from Light Industrial (LI) to
Mixed Use 2 (MU2)
Mayor Woodland asked for a motion:
Council Member Merrill moved to rezone approximately 99 Valley River Drive from Light Industrial
(LI) to Mixed Use 2 (MU2) and consider Ordinance 1120 first read; Council Member Wolfe seconded the
motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
B. BILL Introduction: – NONE
C. First Reading: Those items which are being introduced for first reading:
1. Ordinance 1119 - Amend 2014 Appropriation Budget
Council Member Merrill moved to approve the amendments to the Appropriation Budget 2014 and first
read Ordinance 1119; Council President Smith seconded the motion; Mayor Woodland asked for a vote:
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Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
D. Second Reading: Those items which have been first read:
1. Ordinance 1118 - 2015 Appropriation Budget
Discussion: There will be amendments to the ordinance prior to the third reading.
Mayor Woodland asked for a motion:
Council Member Wolfe moved to consider Ordinance 1118 second read to adopt the 2015
Appropriation Budget; Council Member Benfield seconded the motion; Mayor Woodland asked for
a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
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 16, 2014 meeting
B. Approve the City of Rexburg Bills
Discussion:
Mayor Woodland asked for a motion:
Council President Smith moved to approve the Consent Calendar and pay the bills; Council
Member Wolfe seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
Discussion on the Task Force meeting August 13th at 6:00 P.M. invite the Muirs and Smiths.
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;
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Council Member Busby 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 Merrill seconded the motion; Mayor Woodland asked for a roll call
vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried
Executive Session at 11:02 P.M.
Executive Session Ended at 12:01 A.M. August 7, 2014
Adjourned at 12:01A.M.
APPROVED:
_______________________________
Richard S. Woodland, Mayor
_______________________________
Blair D. Kay, City Clerk