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HomeMy WebLinkAbout2014.09.03 CITY COUNCIL MINUTES 1 September 03, 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 5:30 P.M City Hall – Flood Task Force Mayor Woodland thanked everyone for participating on the Flood Task Force. He asked Public Works Director Millar to review the mitigation plan and the costs involved to mitigate some of the modifications to the storm water system in Rexburg. Public Works Director Millar reviewed the possible solutions to mitigate the flooding issues. He discussed the lift station located in the Ricks-Palmer Subdivision. Two less expensive options would be to put manhole covers in place that let air out; however, it would not allow water to permeate the manhole lid. The other corrective action would be to raise the electrical wiring two feet on the pumping facilities at the Ricks-Palmer Subdivision lift station. Cammie Muir asked if the two proposed corrective actions would keep sewer out of their homes. City Attorney Zollinger explained the two corrective actions discussed would help prevent future sewer backup in the system; however, it would only prevent events where the ditch in the area overflowed. Council President Smith asked if Staff would continue to seek grant funding to apply to these corrective actions. City Engineer Keith Davidson said they would continue to seek grant funding. Council Member Mann asked if the Mayor could move forward with the first two corrective actions. The consensus was to move forward with these two fixes. Council Member Wolfe asked if these two fixes would have prevented the problem; therefore, should the insurance pick up the costs for the sewer backup. City Attorney Zollinger explained the unforeseen flash flood would not have been expected; otherwise the normal operation of the lift station would have kept the sewer out of the homes. Council Member Wolfe was concerned the fixes, if done earlier, would have prevented the flash flood sewer damage. Public Works Director Millar said the cumulative efforts to put in retention basins upstream and the two fixes discussed would solve the issues discussed. Cammie Muir reviewed the ditch overflow problems. 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 September 03, 2014 2 Council President Smith said her rain gutters were full of asphalt debris from the roof. She indicated residents need to make sure they have insurance coverage from water running off their homes into their window wells and basements. Cammie Muir said residents did have insurance; however, it only covered up to $10,000. Discussion on having insurance. Discussion on flushing the Barney Dairy ditch. Discussion on the same flood problems in Blackfoot and Twin Falls. The cities in Idaho have the same insurance carrier. Public Works Director Millar indicated the concrete wastewater line on Rodney did not have any cracks, etc. It is in good shape. Discussion on having a red light on the lift station when the power goes out. Staff gets electronic notifications of any power outages at the lift station as soon as the power goes out. Discussion on having a plug in the house floor drain, toilets, etc. when a sewer backup is expected. It was suggested to use towels to plug the drains. Hidden Valley Subdivision discussion: Public Works Director Millar said the City now owns the ditch along Hidden Valley. He reviewed the plan to install retention ponds along the hill side above Hidden Valley. Richard Smith has agreed to the extension of 7th South across his property along with working with the City on the retention ponds. The water flow from 168 acres could be reduced close to 50% by the addition of 7th South ditch would work as a dam for water coming off the farms and two other retention basin possibilities above Hidden Valley. Discussions on the ditch’s 90 degree turn by the Leishman property; also, extending the block wall into the hill and making the ditch have a gentle curve instead of a sharp 90 degree turn. Todd Smith asked to fix the ditch to get a better flow. Public Works Director Millar said they will be working to stabilize the ditch to keep the maintenance at a minimum; also, there will be top soil sediment taken out of the drainage area through the Hidden Valley Subdivision. Continued discussion on keeping the debris down at the grating areas where the water flows under the roads. Todd Smith asked for an event log on the ditch maintenance. Council Member Mann asked about funding these fixes. Finance Officer Nielson explained the different funding sources to make the fixes as discussed. The street budget is going to have a deficit at the end of the year. Public Works Director Millar explained the area by the blue water tank needs some work to make the drainage system workable by reshaping the drainage area. It would be a matter of restoring the surface. Public Works Director Millar reviewed the drainage containment at Aspen Village. Their storm drainage line has blockage that diverts water onto 2nd East. He explained the City plans to put in a Lego block fence along the north property line to move the water onto 2nd East. The City will work with the property owner to make the appropriate fixes. Public Works Director Millar reviewed the flooding around Lexington Apartments where work needs to be done on the storm water drainage system. It is one of the area’s hardest hit with storm water flooding. The plan is to put in an infiltrator system up against the canal which is across the road from Lexington Apartments. 3 Discussion on an existing pumping station and detention basin in the area. The canal can receive city storm water if it goes through the detention basin. Discussion on moving water from the round-a-bout over to the 5th West drainage facilities. It would cost $2,000,000. One revenue source is the sale of the used asphalt pile for about $72,000. Council Member Busby asked about the number of lines the City has checked with a camera. Public Works Director Millar indicated they have looked at most of the underground lines in the Henderson Subdivision and the Ricks-Palmer Subdivision. City Engineer Davidson said an infiltrator system costs about $6,000 to move surface water into the ground. Council Member Wolfe moved to allow Mayor Woodland to sign off on short term flood mitigation items as soon as possible with the staff providing accurate funding sources for long term fixes; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Next Task Force meeting is the first City Council meeting in November 05, 2014 at 5:30 P.M. Discussion: 7:00 P.M City Hall – Pledge to the Flag Oliver Hancock from Boy Scout Troop 306 led the pledge. Hyrum Erickson said the prayer. Roll Call of Council Members: Attending: Council President Smith, Council Member Mann, Council Member Benfield, Council Member Busby, Council Member Merrill, Council Member Wolfe and Mayor Woodland. 4 Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes): Kelly McKamey from Rexburg asked for consideration to reduce Park Impact Fees. He thought the City was getting two much for Park Impact Fees. Presentations: A. Rural Passenger Transportation Technical Assistance Program Grant through the USDA for an inner City transportation study – Attorney Hyrum Erickson Council Member Donna Benfield recused herself from the discussion because she is the Chamber Director. The Chamber of Commerce is the grant requestor. Attorney Hyrum Erickson Chairman of the legislative committee of the Rexburg area Chamber of Commerce. Attorney Hyrum Erickson provided a review of the technical assistance grant for Rexburg. They were approached about this project and felt that it was something they could participate in. He understood this project originated from City staff and they would be acting directly with the grant funders. The Chamber of Commerce is vying for a grant from the Community Transportation Association of America (CTAA) to do an in town bus service study in Rexburg to see if bus service is viable. He asked the City to support the Memorandum of Understanding. The resource needed is office space and city staff to ask questions from, no money will be exchanged. 5 Discussion: 6 Council Member Merrill asked if they have something to gain from this study, or is this is going to be a fair evaluation. City Clerk Blair Kay said this organization brings bus systems to rural areas to help bring tourists to their cities. Mr. Kelly McKamey asked if the need of a transportation system has already been decide because based on the letter and schedule to him it looks like we are getting one and this study will help decide how to implement it. Mayor Woodland said that this is just a study; if the study suggests that the city will benefit from a transportation system they will still have the choice to decline the suggestion and not implement one. There is no harm in a study that does not cost the city money. Council President Smith moved to support the Chamber of Commerce’s application for a Rural Passenger Transportation Technical Assistance Program Grant through the USDA for an inner City transportation study; Council Member Mann seconded the motion; Discussion: Council Member Mann said the study would be an information gathering process; it does not require any funding from Rexburg. Council Member Merrill said the good thing is the business plan approach. Mayor Woodland said the agreement can be canceled anytime with a 30 day notice. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Attorney Hyrum Erickson asked if the City would support an information gathering process to take to the Idaho Legislatures for the 2015 Tour. The process starts in Idaho Falls on Tuesday, September 23rd, 2014. Council Member Mann said storm water would be a concern to take to the Legislature. The Governor’s Staff is a part of the process. Mayor Woodland explained there are other cities that would benefit from maybe a different dispersal of funding or tax dollars. The flooding is a catastrophic event but it still needs to be paid for. B. Petition which asks for the city to establish an off-leash dog park where well-behaved canine citizens can exercise in a clean safe environment without endangering or harassing people, property, or wildlife. Currently this petition has over 700 signatures – Linda Mortimer (Ms. Mortimer was not at the meeting to make the presentation) Council Member Wolfe moved to table this request until the requestor can be rescheduled; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Committee Liaison Assignments for 2014: A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB Council Member Mann reported on MYAB they had a preliminary meeting where we met with some of the youth and went over some of the applications, the other committees have not met. 7 B. Council Member Jordan Busby: GIS Oversight · Airport Board · Traffic & Safety Council Member Busby reported the Airport Board meeting was moved to September 16th. They will have a basic training workshop hosted by the division of aeronautics, Traffic and safety was postponed until next week C. Council Member Donna Benfield: Police · Trails of Madison County · IBC · Teton Flood Museum Committee Council Member Benfield reported the Police Department is requesting City Council to surplus two police cars with a trade in value of $1,500 to be applied to the purchase of a Community Policing vehicle that is already in the budget and in the process of buying. Council Member Busby moved to approve the request to surplus two police cars and their value of for all that we can get; $1,500 be applied to the purchase of a Community Policing vehicle; Council Member Benfield seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Police Officer Jordan Jenson graduated from the Police Academy. He got the highest score on his physical fitness. Trails of Madison County met and talked about the great cleanup. They would like to continue and have another cleanup event. 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 The M.E.P.I. did not meet because of Labor Day. Legacy Flight Museum did not meet but she asked that they get on a schedule and have a meeting this month. The Arts Council did not meet but Daniel Torres sent me a report that I will read: “The painting of the auditorium is pretty much done. The cleaning of the flood damage has been completed. The windows are a mystery. The opening of the Theater is dependent on the windows being completed due to both bathrooms being open to each other and the toilets being unusable; however, I just got off the phone with our metal fabrication people and the chrome might be finished at the end of this week. Long story short, the Romance should be open by October 1st which is a month after I wanted it opened. Our arts season is pretty full with events in October-December. We have a Broadway Review in October, a Halloween Story Telling show, Tabernacle Orchestra Concert, a Christmas Play, and hopefully the Messiah in December, along with movies every Wednesday night. We have several “rock” concerts and laser shows on the schedule too.” E. Council Member Jerry Merrill: School Board · Parks & Recreation · Urban Renewal Agency Council Member Jerry Merrill reported the School Board thanks the public for the support on the passage of the School Bond. Parks are looking good. Our City Departments work well together. Street crews are working on the flood debris, etc. There are a lot of projects going on at the same time. It is a great spirit of cooperation; Council Member Benfield indicated Celebrate Youth was successful and they really appreciated working with Parks Director Greg McInnis and staff and have beautiful parks. Urban Renewal is working on the North Interchange Wal-Mart project; the construction has been postponed until spring of 2015. There was a change of the chairman; Bill Riggins resigned because of a mission call for his church; the new chairman is Richard Horner. Vice Chairman is Joseph West and Secretary is Tim Solomon. 8 Mayor Woodland said the Recreation Department has picked up another event, the Youth Triathlon. Council Member Merrill asked to promote Rexburg as a family recreation city with events for the youth. Mayor Woodland explained that these family events is a great way to teach our youth self-discipline and work since most of our family farms and ma and pa stores have gone away where kids were able to learn to work. Hopefully this will help our kids to grow up with values. F. Council Member Brad Wolfe: Planning & Zoning · Beautification Committee Council Member Wolfe reported Planning and Zoning will meet tomorrow night. The City Flood Task Force has met a couple of times with approval for moving forward to fix some of the issues. He thanked John Millar and the Public Works Department for their work on the flood event. He referred to a new employer called Zylun Insights. They have already employed 100 people before they have opened their doors. Melanie Davenport of the Beautification Committee is going forward with committee proposals and they are continuing to work on projects; she created a chap website called base camp where you can go on and see updates and give opinions. Mayor Woodland reported that the old Albertsons building will be getting a facelift, Compliance Officer Natalie Powell has been working with the owner and they have given her a report of what they are planning on doing. Mayor’s Report: Mayor Woodland commended all of the City Staff and City Council for how well they do and all their work; The Flood Task Force is running very well. He is looking forward, seeing some good things coming out of the Task Force. Mayor Woodland presented a proclamation to the City Council for ratification. Mrs. Liz Blaser who is a member of the Daughters of the American Revolution asked the Mayor and City Council to proclaim the week of September 17th to the 23rd as “Constitution Week” in our community. 9 PROCLAMATION No. 2014 - 03 A Proclamation of the Mayor and approved by the City Council of Rexburg, Idaho, proclaiming September 17th to September 23rd , 2014 as Constitution Week for the City of Rexburg. WHEREAS, it is the privilege and duty of the American people to commemorate the two hundred twenty-seventh anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW THEREFORE, I, Richard S. Woodland, Mayor of the City of Rexburg, do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK In Rexburg and encourage all citizens to study the Constitution, and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of our City to be affixed this 2nd day of September, in the year two thousand and fourteen. APPROVED: ____________________________________ ATTEST: Richard S. Woodland, MAYOR _______________________________ Blair D. Kay, CITY CLERK Council Member Mann moved to ratify the Proclamation 2014 -03; 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 Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Public Hearings: - None Items for Consideration: A. Annexation of properties within City Limits – Staff City Engineer Davidson explained the need for a sidewalk along University Blvd to provide pedestrian traffic from McDonalds to the new Madison High School. These two properties along University Blvd are outside the city limits. Project Citizens at Madison High School recommends putting in a sidewalk to McDonalds from the High School. Council Member Benfield asked if the property owners would agree to be annexed. City Engineer Davidson said they would probably not be in favor of annexation. They have their own well and septic system. 10 Council Member Merrill asked if the whole lot would need to be annexed. City Engineer Davidson said the entire lot would need to be annexed. Council Member Benfield asked for some dialog with the owners before moving forward. Council President Smith referred to other areas that are islands in the City and suggested that if we approach the idea with the benefits instead of the minuses. Council Member Mann wanted to make sure that if we did annex them we would want the access to the right of way and we would put in the sidewalk. And it would improve their property value. Council Member Benfield raised the safety issue for the students; there are safe routes to school grants but the city has to own the right of way or property of where the grants would be applied to. Discussion on annexing islands in the City. Discussion: Council Member Busby moved to have Staff proceed with dialog with the land owners to Annex these two properties within City Limits; Council Member Wolfe seconded the motion; Discussion on 5th W islands, they are considered to be in a different category than these two parcels. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. B. Approve Beer and Wine Licenses from October 1, 2014 to September 30, 2015. H B BOYS LC (CONOCO) BEER AND WINE APPLEBEE'S NEIGHBORHOOD GRILL & BAR – BEER AND WINE GREAT SCOTT'S #1 – BEER AND WINE TETON LANES – BEER GREAT SCOTT'S #2 – BEER AND WINE WALGREENS – BEER AND WINE VALLEY WIDE CO-OP – BEER LICENSE WAL- MART #1878 – BEER AND WINE 11 MAVERIK – BEER AND WINE Stores #1,2 ALBERTSON'S – BEER AND WINE BROULIM'S – BEER AND WINE WINGER'S – BEER Discussion: Council Mann moved to approve the Beer and Wine Licenses from October 1, 2014 to September 30, 2015; Council Member Merrill seconded the motion; Discussion: Stephen Zollinger noted that Teton Lanes, Wingers, and Applebee’s has a second license to consume beer on the premises. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Staff Reports: A. Public Works Director John Millar reported on the Task Force meeting that was created to address the concerns associated with the flash flood that happened on July 15th, 2014. They are looking at the areas hardest hit. Council Member Merrill asked to add a flood infiltrator in the Henderson Addition. Pictures from the Henderson Subdivision: 12 Rexburg Motor Sports needs their storm drain fixed. The city is working with them, they put in a sump incorrectly and Engineer Davis is trying to help take care of it. Council President Smith asked about the new intersection at 2nd West and 1st North. There will be a railroad stop sign installed at the intersection. The lighting is about ½ finished. The seal coating project is complete. Park walkways will be seal coated in next year’s budget. The CRABS project will be starting and Airport road will start next week. Public Works Director Millar indicated he needed to replace a Street Department position due to the economy getting better. This individual was able to get a better paying job. Council Member Merrill moved to replace the Street Department position; 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 Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Public Works Director Millar said the economy is offering opportunities for City employees to get higher paying jobs. B. Finance Department – Finance Officer Matt Nielson 1. Impact Fee Reports Finance Officer Matt Nielson reviewed each Impact Fee Balance for Rexburg’s new building projects. Impact fees cannot be used for maintenance but can only be used for increased capacity from growth. 13 Fire Impact Fees: $75,000 is transferred into an equipment replacement fund form impact fees and the general fund. We are required to replace fire trucks every 20 years. Parks will have a $700,000 fund carry over for future projects. We are behind on acreage of parks compared to other cities in the state. On the community gardens we spent about $22,000. There was a $100,000 budget to finish that piece of land but we did not use the entire amount. Council Member Merrill said a new park could cost 2 million dollars which will need to be done in five to ten years. Park Impact Fees: ______________________________________________________________________________ Finance Officer Nielson asked to transfer $200,000 from Parks to Wastewater to pay for the land transfer for Eagle Park. The baseball/softball quad will cost around 1.5 million dollars, Urban Renwal will help pay for that project. Possible Park Impact Fees: 14 Police Impact Fees: Finance Officer Nielson said they are paying off the dog shelter. Sewer Capital Reserve Fund: Finance Officer Nielson said the fund is being used to make wastewater plant improvements. The bond payment is $450,000 per year. Street Impact Fees: Finance Officer Nielson said the fund balances to zero every year. There is over one million dollars that could be charged against street projects from street impact fees. 15 Water Capital Reserve Fund: Finance Officer Nielson said the water study is asking for $7,000,000 in improvements. With waste water and water we have to start building a fund in advance for when we grow. C. Community Department – Val Christensen 1. August Building Permit Report City Attorney Zollinger reviewed the August 2014 Building Permit report. The building valuation was $15,027,177.79. 16 Council President Smith asked about the parking structure for Mountain Lofts. She asked if it was built to the City’s Design Review Standards. City Attorney Zollinger explained the parking structure was part of the residential building review process. They are not stand alone standards but are part of entire building review process. Council Member Merrill asked about the Cresthaven neighborhood discussions. City Attorney Zollinger explained the Engineering Department is working on the numbers for a comprehensive rebuild for an LID next year. City Attorney Zollinger asked for an Executive Session at the end of the meeting 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. 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: – NONE D. Second Reading: Those items which have been first read: – NONE E. Third Reading: Those items which have been second read: 1. Ordinance 1119 Amend 2014 Appropriation Budget Discussion: none Council Member Benfield moved to consider Ordinance 1119 to amend the 2014 Appropriation Budget third read; Council Member Wolfe seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. 17 2. Ordinance 1120 Rezone approximately 99 Valley River Drive from Light Industrial (L1) to Mixed Use 2 (MU2) Discussion: Property behind the old Kmart building Council President Smith moved to consider Ordinance 1120 to rezone approximately 99 Valley River Drive from Light Industrial (L1) to Mixed Use 2 (MU2) third read; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. 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 August 20, 2014 meeting B. Approve the City of Rexburg Bills Discussion: Council Member Merrill 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 Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Council Member Busby moved to go into executive session an 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 Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Executive Session 8:25 P.M. Executive Session ended. 18 Adjourned at 8:45 P.M. APPROVED: _______________________________ Mayor Richard S. Woodland, Mayor Attest: _______________________________ Blair D. Kay, City Clerk