HomeMy WebLinkAboutCouncil Minutes - March 21, 2012.pdf
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March 21, 2012
Mayor Richard Woodland
Council Members:
Christopher Mann Jordan Busby
Donna Benfield Jerry Merrill
Bruce Sutherland Sally Smith
City Staff:
Stephen Zollinger – City Attorney
Richard Horner – Finance Officer
John Millar – Public Works Director
Val Christensen – Community Development Director
Scott Johnson – Economic Development Director
Blair Kay – City Clerk
7:00 P.M. City Hall – Pledge to the Flag
Scout Troop 118 led the Pledge to the Flag.
Logan Lloyd said the prayer.
Roll Call of Council Members:
Attending: Council President Mann, Council Member Benfield, Council Member Sutherland,
Council Member Merrill, Council Member Smith and Mayor Woodland.
Council Member Busby asked to be excused.
Public Comment: on issues not scheduled on the agenda (limit 3 minutes)
Roy Marlowe at 142 Elm, suggested the City install hills by the swimming pool. Hills would be a
great for kids to play on in the summer and for sledding in the winter. It wouldn’t be more
maintenance than the flat grass, and it would be free for those who want to play on it. There was a
yellow Volts Wagon parked on 1st S. 250 E. and it was ticketed for being parked the wrong way. He
feels it’s a silly harassment and a waste of time to ticket someone for that reason. There should be
more grocery stores in town to compete; he suggested the city bring in WinCo Foods.
Council Member Smith read a letter written by Ethan B. Bjornn, a 12-year-old boy who lives on
776 Pine Haven Street. He is concerned about the speeding cars on his street and would like speed
bumps to be installed on the road. Council President Mann suggested putting the speed trailer on
the street.
Ethan Bjornn
Rexburg, Idaho
To whom it may concern:
My name is Ethan P. Bjornn. I’m 12-years-old and I live on 776 Pinehaven St., Rexburg, ID. Ever since I’ve
moved to 776 Pinehaven St., people speed on the road. When I mean speed, I mean about 50 mph. When I was
around 8-years-old I was walking across the street to get on the bus when a car sped by me, right by the bus, and kept
going after missing me by inches. I very much suggest bumpers along our road, Pinehaven. There have been too many
close calls with little kids, including my own little sisters. Bumpers would solve the problem of speeding on this road.
At least a sign saying how fast you should go, too, please. Thank you for your time.
Ethan Bjornn
P.s. Can we do more solar electricity?
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
March 21, 2012
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Presentations: - NONE
Committee Liaison Assignments for 2012:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council President Mann reported the Golf Board met last Tuesday night. The golf course is open.
He asked for a motion to approve items on the golf board minutes. He asked the City Council to
approve the proposed bylaws for the Golf Course Advisory Board, to implement a 3% fee for using
credit cards at the golf course, and to give three tournament waivers to Madison Education
Foundation, Madison Memorial Hospital Foundation, and Chamber of Commerce. The D.A.R.E
Board will also be given a tournament waiver. Lastly, he recommended an upgrade in Internet
services at Teton Lakes Golf Course – to observe every transaction for financial planning and over
sight. The free Internet provided is unreliable and inefficient.
Council Member Smith asked about the golf boards’ golf passes. Golf passes are given to the golf
board because they are asked to be familiar with the course, to help, observe and to inspect the
course.
BYLAWS
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THE REXBURG-MADISON GOLF COURSE ADVISORY BOARD
ARTICLE I
NAME, PURPOSE, and AUTHORITY
SECTION 1. NAME. The name of the board shall be the “Rexburg-Madison Golf Course
Advisory Board,” hereinafter the “Board.”
SECTION 2. PURPOSE. Madison County and the City of Rexburg (hereinafter, the
“Governments”) jointly funded and currently manage two golf courses: the Teton Lakes Golf
Course and the Rexburg Municipal Golf Course, hereinafter the “Courses.” The Governments
desire the efficient and successful management of the affairs of the Courses with the in put and
support of the Board.
Therefore, the Governments have created the Board, and enacted these Bylaws, for the
purpose of submitting formal recommendations to each of the Governments for action and
serving as first contact to the community.
SECTION 3. AUTHORITY. The Board shall have no authority or power to bind, encumber,
promise on behalf of, hire or fire employees of, or obligate the Governments or the Courses, or
any subset thereof, by any means at any time. The Board shall have the authority to receive
reports, compile information, assess needs, locate services, review financials, create proposed
billing schedules, and to perform any other duty as may be reasonably required to make
recommendations to and inform the Governments regarding the operation, management, and
condition (physical and financial) of the Courses.
ARTICLE II
SELECTION AND TERM OF BOARD MEMBERS
SECTION 1. NUMBER. The affairs of this Board shall be managed by a Board of five (5)
Members (“Members”).
SECTION 2. COMPOSITION. The Board shall consist of individuals who are interested in
the care and development of the Courses and are able and willing to inspect the Courses on a
regular basis. Two (2) Members shall be appointed by the City of Rexburg; two (2) Members
shall be appointed by Madison County; and, one (1) Member shall be appointed by one
Government for a term, with subsequent appointment to that one (1) Member position being
made by the other Government, and continuing to alternate each term thereafter.
SECTION 3. RECOMMENDATION AND APPOINTMENT. Recommendation for
appointment as a Member of the Board shall be made by action of the Board. Upon
Recommendation, the name shall be submitted to the appropriate Government for approval and
appointment.
SECTION 4. TERM OF SERVICE. Each Member shall serve a term of five (5) years.
Members may consecutively serve no more than two full terms, not including any partial term(s)
served.
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SECTION 5. REMOVAL. Any Member may be removed from the Board, with or without
cause, by his/her own choice (by written notice to the Board) or by resolution of both
Governments.
SECTION 6. CHAIRMAN. The Chairman of the Board shall be elected from and by the
Members by simple majority vote and shall be a Member who has served at least one year as a
Member. Election as Chairman shall be for a term of one (1) year.
SECTION 7. SECRETARY. The Secretary of the Board shall be elected from and by the
Members by simple majority vote. Election as Secretary shall be for a term of one (1) year.
SECTION 8. VACANCIES. Vacancies in the Board or its offices shall be filled by immediate
Recommendation (or election, if an office) as provided herein. A vacancy shall be deemed to
exist in case of death, resignation, or removal of any Member, or if the Governments shall
increase the authorized number of Members, or in the case the Governments fail at any time to
appoint the full number of authorized Members.
SECTION 9. COMPENSATION. Members shall receive no pay or compensation.
ARTICLE III
BOARD OPERATION
SECTION 1. REGULAR MEETINGS. The Board shall hold at least one (1) meeting per
month, scheduled and duly published to the public calendar.
SECTION 2. SPECIAL MEETINGS. Special meetings of the Board shall be held when
called by the Chairman of the Board, or by any two (2) Members, after not less than three (3)
days notice to each Member.
SECTION 3. AGENDA. An agenda shall be prepared by, or at the direction of, the Secretary
of the Board in accordance with required Open Meeting Laws and made available to the public
no later than forty-eight (48) hours prior to the time for the meeting. Items may be placed on the
agenda by any Member.
SECTION 4. RULES OF ORDER. The Board shall operate in a professional and courteous
fashion. The Chairman shall have the authority at any time to invoke Robert’s Rules of Order to
the extent such rules are not in conflict with these Bylaws.
SECTION 5. QUORUM. A majority of the number of Members shall constitute a quorum for
the transaction of business. Every act or decision done or made by a majority of the Members
present at a duly-held meeting at which a quorum is present shall be regarded as the act of the
Board. In no case can a quorum consist of only one Member.
SECTION 6. MAJORITY VOTE. Action by the Board shall be taken by the vote of more
than fifty (50) percent of the Members present at the meeting where the action is moved.
SECTION 7. LIAISON. Both Governments may respectively appoint one (1) official liaison
to attend and participate in the meetings of the Board. These liaisons shall have no voting rights
whatsoever. Additional support personnel shall be permitted to attend and participate as may be
required by the Board, including accounting and legal advisors.
SECTION 8. NOTICE OF MEETINGS. Written notice of each special meeting of the
Members shall be given by, or at the direction of, the Members calling the meeting by mailing a
copy of such notice, postage prepaid, (or by some other commercially-reasonable method of
notice), such that it will be received at least three (3) days before such meeting by each Member,
addressed to each Member’s address last appearing on the books of the Board, or supplied by
such Member for the purpose of notice. Such notice shall specify the place, day and hour of the
meeting, and the purpose of the meeting.
SECTION 9. ENTRY OF NOTICE. Whenever any Member has been absent from any special
meeting of the Board of Members, an entry in the minutes to the effect that notice has been duly
given according to Section 8 of this Article shall be conclusive and incontrovertible evidence that
due notice of such special meeting was given to such Member, as required by law and by the
Bylaws of the Board.
SECTION 10. NOTICE OF ADJOURNMENT. Notice of adjournment of any Members'
meeting, either regular or special, need not be given to absent Members, if the time and place are
fixed at the adjourned meeting.
SECTION 11. CONSENT OF ABSENTEES. If a quorum be present at a special meeting
where action is taken, the absence of any Member shall be construed as consent to the action
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taken or business transacted at the missed meeting, provided notice has been duly given to that
Member according to Section 8 of this Article. Except that a Member of the Board shall not be
deemed to have assented to the action taken if he delivers written notice of dissent or abstention
to the presiding officer of the meeting before its adjournment or to the Board immediately after
adjournment of the meeting.
SECTION 12. WAIVERS, CONSENTS, AND APPROVALS. If a quorum of Members be
present in person, and if, either before or after the meeting, each of the Members not present in
person signs a written waiver of notice, written consent to the holding of such meeting, or an
approval of the minutes thereof, the transaction of business at the pertinent meeting shall be
deemed valid. All such waivers, consents or approvals shall be filed with the Secretary of the
Board or made a part of the minutes of the meeting. Failure to assert dissent or abstention from
any action taken at such a meeting in writing to the presiding officer of the meeting within a
reasonable time shall constitute consent to that action. A Member’s attendance at, or
participation in, a meeting waives any required notice to him of the meeting unless the Member,
at the beginning of the meeting or promptly upon his arrival, objects to holding the meeting or
transacting business at the meeting and does not thereafter vote for or assent to action taken at
the meeting.
SECTION 13. ORGANIZATION. The Chairman shall preside at all meetings of the Board. In
the absence of the Chairman, a temporary chairman shall be elected from the Members present
for that meeting only. The Secretary of the Board shall act as secretary of all meetings of the
Members; but, in the absence of the Secretary, the individual presiding may appoint any person
to act as secretary of that meeting.
SECTION 14. ADJOURNMENT. A quorum of the Members may adjourn any Members'
meeting to meet again at a stated day and hour. In the absence of a quorum, a majority of the
Members present at any Members' meeting, either regular or special, may adjourn from time to
time until the time fixed for the next regular meeting of the Board.
SECTION 15. MEETING ATTENDANCE. If a Member shall fail to attend four (4)
consecutive meetings of the Board of Members with leave of absence granted by said Board, his
office as a Member may be declared vacant by a vote of a majority of all the remaining
Members.
SECTION 16. TELECONFERENCE MEETINGS. Unless otherwise restricted by law or
these Bylaws, the Members of the Board may participate in or conduct a regular or special
meeting of the Board through the use of any means of communication by which all Members
participating may simultaneously hear each other during the meeting, provided no Member
physically present makes a justifiable objection on the record on the ground that the identity of
the teleconferencing Member cannot be adequately ascertained. A Member participating in a
meeting by this means is deemed to be present in person at the meeting.
SECTION 17. ACTION BY WRITTEN CONSENT IN LIEU OF MEETING. Any action
required or permitted to be taken by the Board under the provisions of these Bylaws may be
taken without a meeting if all Members of the Board shall individually or collectively consent in
writing to such action by unanimous vote. Such written consent or consents shall be filed with
the minutes of the proceedings of the Board and shall state that the action was taken by
unanimous written consent of the Board without a meeting and that the Bylaws of the Board
authorized the Members to so act. Such action by written consent shall have the same force and
effect as if by unanimous vote of such Members at a meeting.
SECTION 18. GENERAL STANDARDS FOR MEMBERS. A Member shall discharge
his/her duties as a Member 1) in good faith; and 2) i n a manner he/she reasonably believes to be
in the best interests of the Golf Courses. When becoming informed in connection with the
decision-making function or devoting attention to an oversight function, a Member shall
discharge his/her duties with the care that a person in a like position would reasonably believe
appropriate under similar circumstances. In discharging Board duties, the Member, who does
not have knowledge that makes reliance unwarranted, is entitled to rely on the performance by
any person to whom the Board may have delegated, formally or informally by course of conduct,
the authority or duty to perform one or more of the Board functions that are delegable under
applicable law provided the Member reasonably believes the person to be reliable and competent
in the functions performed. In discharging Board duties, a Member, who does not have
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knowledge that makes reliance unwarranted, is entitled to rely on information, opinions, reports
or statements, including financial statements and other financial data, if prepared or presented by
one or more officers or appointees of the Board whom the Member reasonably believes to be
reliable and competent in the information; and to rely on opinions, reports or statements provided
by legal counsel, public accountants, or other persons retained by the Board as to matters
involving skills or expertise the Member reasonably believes are matters within the particular
person's professional or expert competence or as to which the particular person merits
confidence.
SECTION 19. CONFLICTS OF INTEREST. No Member shall participate in any Board
action in which he/she has a direct or indirect pecuniary or other interest, whether personally or
by blood or marriage up to the second degree, except upon prior timely disclosure of the interest
and authorization to participate by unanimous vote of the Board. Benefits to the Courses and/or
the community generally (i.e. no specific, unique benefit to the Member) shall not qualify to
create an interest for the purposes of this Section. Any vote cast by a Member in knowing and
voluntary contravention of this Section shall be deemed null and void retroactively.
SECTION 20. INDEMNITY OF MEMBERS OR OTHER AGENTS.
a. The Governments shall indemnify any current or former Member or person against fees,
costs, and judgments incurred in defending or addressing a threatened, pending, or completed
action or suit by reason of the fact that the person is or was a Member, officer, employee, or
agent of the Board, or was serving in such capacity at the request of the Board, provided the
person acted in good faith and in a manner he reasonably believed to be in, or not opposed to,
the best interests of the Board; or, in a criminal proceeding, if the person acted in good faith
had no reasonable cause to believe his/her conduct was unlawful.
b. Indemnification of a Member or other person shall be made only as authorized in each
specific case upon a determination that the applicable standard of conduct set forth above has
been met. The determination is to be made by joint resolution of the Governments.
ARTICLE IV
BOARD DUTIES
SECTION 1. CHAIRMAN DUTIES. The Chairman shall preside at all meetings of the Board
and shall direct the order of motions and voting.
SECTION 2. SECRETARY DUTIES. The Secretary shall record the votes and keep the
minutes of all meetings and proceedings of the Board; serve notice of meetings of the Board;
keep appropriate current records showing the Members together with their addresses, and shall
perform such other duties as required by the Board.
SECTION 3. MEMBER DUTIES. Each and every Member, including the Chairman and the
Secretary, shall regularly visit and inspect the Courses. The Courses shall provide unfettered
access to, and use of, the facilities and grounds requisite to fulfill those duties.
SECTION 4. BOARD DUTIES. As limited by the scope of the Board’s authority, the Board
shall receive reports, compile information, assess needs, locate services, review financials, create
proposed billing schedules, and perform any other duty as may be reasonably required to make
recommendations to and inform the Governments regarding the operation, management, and
condition (physical and financial) of the Golf Courses. The Board shall, by resolution, make
formal recommendations of needed action to the Governments regarding the affairs of the Golf
Courses. The Board shall, by resolution, regularly inform the Governments of the status of the
Golf Courses.
ARTICLE V
BOOKS AND RECORDS
The books, records and papers of the Board shall at all times, by prearranged appointment with the
Chairman or Secretary, be subject to inspection by any member of the public. The Bylaws of the Board
shall be available for inspection by any member of the public from the Rexburg City Clerk and/or
Madison County Clerk, where copies may be purchased at a reasonable cost.
ARTICLE VI
AMENDMENTS
Any proposed amendment to the Bylaws must be made by joint resolution of the Governments.
The Board may recommend changes to the Bylaws to the Governments at any time.
ARTICLE VII
SEVERABILITY
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Any determination by any court of competent jurisdiction that any provision of these Bylaws is
invalid or unenforceable shall not affect the validity or enforceability of any of the other
provisions hereof.
CERTIFICATE OF ADOPTION
ADOPTED by the City Council of the City of Rexburg and the Board of Madison County Commissioners:
Board of Madison County Commissioners
City Council of the City of Rexburg
Adopted this ____ day of
__________________, 2011.
BY: KIMBER RICKS
Chairman
Adopted this ____ day of
__________________, 2011.
_____
BY: RICH WOODLAND
Mayor
ATTEST:
KIM M. MUIR
Madison County Clerk
ATTEST:
____
BLAIR KAY
Rexburg City Clerk
=========================================================
Council President Mann accepted the bylaws and changes proposed.
Council Member Sutherland moved to approve the Golf Board’s bylaws, 3% credit card fee,
tournament waivers, and Internet upgrade; Council Member Merrill seconded the motion;
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Council President Mann reported the MYAB met today; the Masquerade Ball is being planned
and will be held on April 28th at the Carousel in Porter Park. They are working on the final plans for
Rexburg Days, to be held at Nature Park on May 3rd. The MYAB sold concessions at the Romance
Theater for the Upper Valley Idol. The Emergency Services Board met. Fire Chief Childs has acted
to oppose House Bill 647 in the State Legislature; the BILL restricts municipalities and fire districts
to conduct cost recovery at automobile accidents; they have been working with Senator Hill, and
believe they have stopped the BILL. A Critical Care Paramedic class was just completed. Five
members of the Fire Department were accepted to various courses at the National Fire Fighting
Academy; 100% of the cost is paid by FEMA. Officer Chuck Kunsaitis, from the Police Department
will be going to the National Fire Academy for Arsenic Investigation.
Council President Mann proposed the City Council conduct a work meeting to discuss
recommending committees on April 4th at 5:30 p.m.
B. Council Member Jordan Busby: Beautification Committee· Airport Board
Council Member Busby was excused.
C. Council Member Donna Benfield: Trails of Madison County · IBC · Teton Flood Museum Committee
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Council Member Benfield reported both committees did not meet; they are taking applications for
those wanting to serve on Trails of Madison County and the Teton Flood Museum Committee.
D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre &
Tabernacle Civic Center)
Council Member Smith reported Rexburg Arts Council met. With summer approaching they are
working on their summer concert series. They are planning to have a meeting to develop a calendar.
The Legacy Flight Museum has not met; they will be meeting at the first of the month to discuss the
air show.
Council Member Smith moved to approve Jame Flansburg and Brian Carter to serve as members
of the Romance Theatre Committee; Council Member Benfield seconded the motion;
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
E. Council Member Jerry Merrill: Parks & Recreation · Traffic & Safety · Urban Renewal Agency
Council Member Merrill reported the Parks and Recreation Committee are finishing their winter
sports and planning for the spring sports, especially the Triathlon. They are accepting applications
for positions at Rexburg Rapids. There is no report on the Urban Renewal Agency or on Traffic and
Safety.
F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police · MEPI
Council Member Sutherland reported the Planning and Zoning Commission met last week, he
was unable to attend and will be getting together with Thaine Robinson to review the meeting. He
recognized the board’s hard work and feels they are the finest people. He asked the council to
consider raising their travel stipend of $25. School Board met last week, Superintendant Thomas is
anxious to work with them as they develop items and projects that will help the county and city.
Police are doing an excellent job; they are working to fill the positions they have available. MEPI did
not meet.
Public Hearing: - NONE
Items for Consideration:
A. Rezone – Approximately 328 N. 2nd West - Light Industrial (LI) to High Density
Residential 2 (HDR2) – (Planning and Zoning recommended denial.)
Presentation by staff: City Attorney Stephen Zollinger reviewed the request to take 328 N. 2nd
West from Light Industrial (LI) to High Density Residential 2 (HDR2). Five neighbors expressed
concern about traffic at the meeting. Planning and Zoning recommended not approving that area
for the HDR2 Zone. He requested that David Beck, one of the neighbors, be given an opportunity
to speak on the issue.
Presentation by applicant: David Beck, a resident of Rexburg, shared his thoughts on the issue.
He wondered, since the area was denied for married housing, if the area should be left as Light
Industrial Zone (LI). To better understand the LI area he went to the north land owner, Dave
Walters, to see whether or not it was a good idea to leave it a LI. The LI area allows for sewage
pump stations, light manufacturing, refuge offices, gas and utilities companies etc. What is the long
term potential with the comprehensive plan? Dave Walter’s aggregate will be diminished in a year or
so, and would like to see the area developed into a park or recreational facility. This weighed heavily
on the Planning and Zoning Board. He wants to know, with the long range Comprehensive Plan, if
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it’s the city’s vision to see a 55 foot building with a chain link fence. He would like to see the area
turned into an MDR2 Zone instead.
Council Member Smith agreed that MDR2 would be a more applicable use in that area as a
transition. She does feel that the HDR2 is a better use right now with it being close to the
University. The plan shows Moderate to High Density.
Council Member Merrill asked about the safety issues with the trucks from the concrete plant
using the roadways in that area.
David Beck assured the City Council there is currently no truck traffic from the concrete company.
It’s all blocked off, and intended to remain that way.
Council Member Benfield asked about the size of the water line.
David Beck said it would depend on the needs of the facility, and would be determined by the load
and pressure. If the area is left LI it would still have to be addressed.
City Attorney Zollinger recommended the City Council either act upon the request, or table it and
send it back to Planning and Zoning to consider lowering the density.
Council Member Sutherland moved to table the rezone request at approximately 328 N. 2nd West
from Light Industrial (LI) to High Density Residential 2 (HDR2) and send it back to Planning and
Zoning for reconsideration as discussed; Council Member Merrill seconded the motion; Mayor
Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
B. Rezone – 415 and 437 West 6th South – High Density Residential 1 (HDR1)
to High Density Residential 2 (HDR2) - (Planning and Zoning recommended approval)
Presentation by staff: City Attorney Zollinger reviewed the proposed rezone of 415 and 437 West 6th
South. The parcels will be rezoned to HDR2; it is consistent with the adjoining properties and with the
Comprehensive Plan Map.
Presentation by applicant: Judy Hobbs asked for questions regarding the request for this rezone
change.
Council Member Smith indicated it was a good fit for the area.
Council President Mann asked if the rezone was approved with conditions. There were no conditions;
just a recommendation for approval from the Planning and Zoning Commission.
City Attorney Zollinger said there were no specific projects associated to this rezone. When a project
comes forward, associated with this rezone, there will be a list of conditions with the site plan.
Council Member Merrill moved to approve the rezone at 415 and 437 West 6th South from High
Density Residential 1 (HDR1) to High Density Residential 2 (HDR2); Council Member Smith
seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
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The motion carried.
C. Final Plat – West 2000 South Church Subdivision – Final Plat
(Planning and Zoning recommended approval)
Presentation by staff: City Attorney Zollinger reviewed the plans for the final plat. The plat is a
single lot plat intended for an LDS Church. A road will be extended to the church property and will
go through and tie-in near the Madison High School. Water and sewer would be extended at the
expense of the developer. The Planning and Zoning Commission has recommended the City
Council approve the final plat. The final plat has been reviewed by the Engineering Department and
Public Works Department.
Council Member Smith asked about water and sewer for the development. City Engineer
Davidson explained the process.
Council Member Smith asked about the adjoining zoning surrounding the plat. The plat is located
in the LDR2 Zone.
Council Member Sutherland moved to approve the Final Plat at West 2000 South for the Church
Subdivision); Council Member Merrill seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
D. Final Plat – Tamana Fields Division No. 1 – Final Plat
(Planning and Zoning recommended approval)
Presentation by staff: City Attorney Zollinger reviewed the Final Plat approval for Tamana Fields
Division No. 1. The Tamana Final Plat has been reviewed by the Public Works Department and it
is ready for consideration as a final approval; this final plat comes forward with a recommendation
for approval by the Planning and Zoning Commission.
Council Member Mann asked a question regarding outlets. City Attorney Zollinger explained lot
number one will have access onto University Blvd and South Yellowstone Hwy. Lot two will have
an easement with lot one onto South Yellowstone Hwy.
City Attorney Zollinger addressed the contingencies with the plan: All final public works and
infrastructure reviews need to be completed before they record the final plat.
Council Member Merrill moved to approve the Final Plat for Tamana Fields Division No. 1;
Council Member Smith seconded the motion; Discussion: subject to Staff approval. Mayor
Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
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Staff Reports:
A. Public Works: – John Millar
1. Pavement crack sealing proposed to be completed by City Crews:
Public Works Director John Millar addressed whether or not the city should buy their
own equipment to crack seal the city streets. Research was done on the cost of the
equipment and materials if purchased outright. He looked at this under two scenarios:
1) First, all costs associated would be figured in the payout or the payback period of the
equipment. With the labor rates applied, it would be a seven year payback.
Crack Sealing Amount 15 Tons
2)
3)
4)
5)
6)
7)
8)
9)
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11)
12)
13)
14)
15)
16)
17)
18)
2) Second, the city staff on hand would work it into their existing time frame, and a
labor cost would not be included in the payback period. This scenario would be a
four year payback. It would cost $65,000. He discussed this issue with other cities;
they said it’s cost effective. They get more done with less money, and they utilize
their crews.
Crack Sealing Amount 15 Tons
Contractor Price Per Ton Total Cost
Contractor Crack Sealing Cost $2,200.00 $33,000.00
City Price Per Ton Total Cost
Roadsaver 221 ($.52 per lb.) $1,040.00 $15,600.00
Maintenance
$750.00 per yr.
6 men @ 3hrs/ton
Labor
$7,830.00 per yr. 270 Hours
@ $28.54/hr
Total Savings $8,820.00 per yr.
Equipment Cost
Crafco EZ Series II 1000 $40,000.00
Heat Lance $4,000.00
Router (x 2) $20,000.00
Total Cost $64,000.00
Years to Pay Back 7.26 years
Contractor Price Per Ton Total Cost
Contractor Crack Sealing Cost $2,200.00 $33,000.00
City Price Per Ton Total Cost
Roadsaver 221 ($.52 per lb.) $1,040.00 $15,600.00
Maintenance $750.00 per yr.
Total Savings $16,650.00 per yr.
Equipment Cost
Crafco EZ Series II 1000 $40,000.00
Heat Lance $4,000.00
Router (x 2) $20,000.00
Total Cost $64,000.00
Years to Pay Back 3.84 Years
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Council Member Sutherland considered the Street Department’s project load and
wondered if this is something that could be worked into their work load. It depends on the
weather.
Council Member Merrill had concerns regarding cost, and he was concerned with the
possibility the equipment would sit idle and the work would still need to be contracted.
Public Works Director John Millar stated there are no local contractors that do the work. It
would be a great way to get the work done when needed; the city wouldn’t have to wait on
the availability of the contractors. It would only take six staff members to complete the
work.
Council Member Sutherland asked for Public Works Director Millar’s opinion on this
proposal. Public Works Director Millar said he would like to stretch the dollar. Council
Member Sutherland said if the money is spent and the city does the work, then the tax
payer’s dollars goes farther; as long as it doesn’t increase overheads; he believes it’s a wise
decision.
Public Works Director Millar said $30,000 is budgeted a year for crack sealing, and he
believes they aren’t keeping up. The life expectancy of the machine would be about 20 years.
Council Member Smith asked for them to consider the cost of the maintenance of the
equipment. Public Works Director Millar indicated it has been included into the budget.
Council President Mann asked if the technology of crack sealing will be different in 20
years, and he wonders if they will be crack sealing in an obsolete way years from now. The
machinery has remained the same. Public Works Director Millar suggested leasing the
equipment to the county.
Council President Mann moved to approve the purchase of crack sealing equipment, to be
completed by city crew; Council Member Sutherland seconded the motion; Mayor
Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
2. Recycling Program – John Millar indicated the recycling packets will be delivered
door-to-door by University students to the residents in the Hidden Valley Subdivision
and the Cresthaven Subdivision. A public meeting will be held for those subdivisions on
March 28th and March 29th to educate and answer questions on the recycling program.
March 14, 2012
Mayor Richard Woodland
Rexburg, Idaho
Subject: Addressing the town and informing them of the new recycling program.
Dear Residents of Cresthaven,
As you know, the City of Rexburg possesses many great attributes and has
much to offer its residents. It is the ideal place to start or raise a family, and offers an
at-home feel that sets it apart from other communities. I would now like to tell you
just how Rexburg plans to become an even better place to live.
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We have recently implemented some significant changes in the city that are
sure to make a positive and powerful impact. This includes our newest endeavor,
which involves making the City of Rexburg more “green”. Rexburg has decided to
partner with Brigham Young University – Idaho in starting a curbside recycling
program. We have had recycling drop-off sites in the past, and these will continue to
be in use for the neighboring towns. However, having curbside recycling will now
make it easier for all residents of Rexburg to participate in this program.
Along with reducing pollution, recycling will have major economic benefits
for our city. By reducing the amount of garbage in the landfill, the city can save
money on removal fees.
This recycling program will provide employment for BYU-Idaho students, and
the revenue collected from recycling will go towards their wages. Allowing the
students to have jobs will give them the opportunity to spend their earnings on
products sold here in Rexburg. By putting their money back into the city’s circulation,
it will allow us to further improve on our city.
Each home will be provided with instructions and guidelines on what is and
what is not accepted by the recycling center. There will also be individual containers
placed at each home that will carry the recycled goods. These will go along with the
already-provided garbage totes and should be kept separate at your homes. The
recycling bins will be delivered to each resident on March 30. The collection of the
recycling is planned to start that same week and will be on your normal garbage
pick-up day.
We look forward to hearing your thoughts about this program at our town hall
meeting that will be held on March 28. Further questions will be answered at this
meeting as well. I hope that you will all join with me in enriching the quality of
Rexburg and keeping it a city to be proud of.
Sincerely,
(Signature)
Mayor Richard Woodland
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3. Signal Project – Public Works Director John Millar indicated the Main Street
left-hand traffic signals on 1st E. and Center Street are fully operational, and
minimal painting is still needed. The concrete sidewalks will be completed when
weather permits.
4. Surplus Equipment – Public Works Director John Millar Request that the
listed equipment be declared surplus. Pick-ups are worn out, and the mowers
have not been used in several years.
Council Member Smith requested to have a final cost report on city projects which
would include any change orders, etc.
Council President Mann moved to approve the items listed by Public Works
Director John Millar to be declared as surplus items; Council Member Merrill
seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
5. Resolution 2012 – 05 Cost Sharing Reimbursement for Sidewalk, Curb and Gutter:
City Engineer Davidson proposed raising the reimbursement rates from $5.00 to
$7.70 a linear foot per curb and gutter, and raising $.65 to $1.75 a square foot for
sidewalk. This will pay for the cost of the concrete. He asked the City Council to
approve Resolution 2012 – 05 to raise the rates for reimbursement to the property
owners. It will help encourage the residents to replace the sidewalk, curb and gutter.
It’s a benefit to the citizens.
Council Member Sutherland moved to approve Resolution 2012 – 05 for Cost
Sharing Reimbursements for Sidewalk, Curb and Gutter; Council Member
Merrill seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
6. Resolution 2012-04, setting a public hearing for owners of property to be
assessed within proposed Local Improvement District No. 42, ("L.I.D No. 42")
City Engineer Davidson reported the L.I.D letters will be sent out this
week to the property owners, the City Council meeting on April 4th will be
open for public comment.
Council President Mann asked for consideration for common ground with
the property owners, regarding landscaping. He believes the landscaping will
be the biggest issue.
Council Member Smith asked about what happens when we get over to
First East and Valley River Drive where there are some large amounts with
14
the Madison School District, and some of those owners over there, etc.;
typically, can the LID payments be worked into their budgets? What are the
responses for some property owners in the past with larger LID amounts?
Engineer Keith Davidson said there have been different responses in the
past. The city can’t LID the school district; however, the Madison School
District has always stepped up and paid as was done on the 7th South
widening. When it comes to large properties there are different ways to go;
the City Council can wait for development in a vacant lot. The L.I.D allows
for the property owner to pay it over a 10 year period with a good interest
rate. Council Member Smith requested the project at East 2nd South, where
the property owners were starting their own project be considered to allow
for the new development to be completed in concert with the LID
requirements.
Council Member Benfield also commended city staff for their discretion as
to where they place the sidewalks, curb and gutter.
Council Member Sutherland moved to approve Resolution 2012-04,
setting a public hearing for owners of property to be assessed within
proposed Local Improvement District No. 42, ("L.I.D No. 42"); Council
Member Benfield seconded the motion;
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
B. Finance Department: – Deputy Finance Officer Matt Nielson
1. Ordinance 1081 to sell 10 yr warrants in the amount of $300,000 through a bid process
for LID 40.
Deputy Finance Officer Nielson explained the Finance Department requested to seek
to sell warrants for $300,000 through a bid process for L.I.D 40. He is asking to finance
it over 10 years. They want to have a guarantee fund to protect L.I.D 40 from going into
the hole. Council Member Smith asked about the payback of the L.I.D.
Deputy Finance Officer Nielson noted the Finance Department is requesting to sell
warrants for LID 40, but not LID 41. It’s not worth the hassle with LID 41 due to the
minimal amount needing financing. LID 41 will be financed in-house.
Council President Mann moved to approve the first read Ordinance 1081 to sell 10
year warrants in the amount of $300,000 through a bid process for L.I.D 40; Council
Member Benfield seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
2. Budget Reports – Deputy Finance Officer Nielson
15
Deputy Finance Officer Nielson reviewed the annual budget through February, 19%
of the budget has been spent. The city has collected 18% of revenues.
Council Member Benfield asked about the revenues made at Upper Valley Idol. City
Attorney Zollinger said they brought in about $8,200, and went $4,000 in debt.
Donations reached to $800 one of the nights. City Attorney Zollinger continued to
report on the Upper Valley Idol event. Council Member Merrill asked about the number
of seats available at the Romance Theatre; it seats 400.
Deputy Finance Officer Nielson has been approached by Service Line Warranties of
America, a company endorsed by the National League of Cities. They would like
Rexburg to endorse an insurance program. Service Line Warranties of America offers
insurance to residents on their sewer and water lines. The cost would be about $100.00
per year, and no cost to the city. Some residents aren’t aware of their responsibility to
replace the lines running from their homes to the main line. Replacing sewer and water
lines can cost up to $4,000.00.
Council President Mann said he doesn’t agree for the city to endorse this insurance.
Council Member Merrill would like to conduct more research on the insurance program.
They are afraid the residents will think it’s the city providing the insurance.
Council Member Merrill moved to table the Service Line Warranties of America
insurance; Council Member Sutherland seconded the motion;
Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Council President Mann moved to approve the budget reports; Council Member
Merrill seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
Calendared Bills and Tabled Items:
A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE
PUBLIC HEARING PROCEDURE: - NONE
B. BILL Introduction: – NONE
C. First Reading: Those items which are being introduced for first reading:
1. Ordinance 1081 to sell 10 yr warrants in the amount of $300,000 through a bid process
for LID 40. (First Read under Items for Consideration)
Council President Mann moved to approve the first read Ordinance 1081 to sell 10 year warrants
in the amount of $300,000 through a bid process for L.I.D 40; Council Member Benfield seconded the
motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
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Council Member Merrill
Council Member Smith
Council Member Sutherland
The motion carried.
A. Second Reading: Those items which have been first read – NONE
B. Third Reading: Those items which have been second read – NONE
Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table:
- NONE
Mayor’s Report:
A. Paperless Agendas (electronic files) – Kelvin Giles
Technology Coordinating Services Director Giles lead a preliminary discussion on
installing a paperless agenda. City Clerk Blair Kay said going paperless would facilitate a
higher level of involvement by the City Council, and it will increase transparency of
government. TCS Director Giles spoke with Rosemary Anderson, City Clerk in Idaho Falls,
and with the City of Ammon. He discovered that their system has evolved; they still print a
few items. There are concerns regarding security. Going paperless would immediately make
documents available to the City Council via the iPad. Technology Coordinating Services
Director Giles reviewed the features and functionality of the iPad. He mentioned
developing a Rexburg app. The cost of the iPad would be around $400. Mayor Woodland
approves going paperless if it saves money, and it makes things more efficient.
Council President Mann is in favor of going paperless; he said there are still things to
consider. What if the iPad is lost, and what kind of electronic updates will be needed to keep
up. Council President Mann proposed a work meeting to discuss going paperless. The
meeting will be on April 18th from 5:30 p.m. to 6:30 p.m.
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 March 7, 2012 meeting
B. Approve the City of Rexburg Bills
Council Member Sutherland moved to approve the Consent Calendar; Council Member Merrill
seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Smith
Council Member Benfield
Council Member Merrill
Council Member Sutherland
The motion carried.
Adjournment at 9:43 P.M.
_____________________________
Richard S. Woodland, Mayor
Attest:
________________________________
Marianna Gonzalaz, City Clerk