HomeMy WebLinkAboutCouncil Minutes - February 04, 2015.pdf
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February 04, 2015
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. – Cresthaven Subdivison Work Meeting on street maintenance.
Attending: Council President Smith, Council Member Mann, Council Member Merrill, Council
Member Busby, Council Member Wolfe, and Mayor Woodland. Council Member Benfield asked
to be excused.
City Engineer Keith Davidson reviewed the budget numbers indicating in order to take care of the entire
city, we will need at least twice the amount which we are currently budgeted; about 1 million dollars. He
reviewed the possible solutions from reconstruction to putting an overlay on the roads in the Cresthaven
Subdivision Streets. This slideshow shows previous LID’s from 1989 to 2010. He discussed the right-of-way
that was deeded to the city when the subdivision was created. He reviewed the policy on how LID’s work.
The city contributes to the reconstruction of existing sidewalks at a rate of $1.75/sq. ft. and $7.70/lineal ft.
for curb and gutter.
Engineer Davidson reviewed the proposed options for the new LID. Last year, the oversight committee
proposed for the city to choose Option 3 which was a temporary fix. This neighborhood was removed from
the 2014 LID due to the cost. Engineer Davidson reviewed the erosion to the street caused from the water
seeping in between the sidewalk and curb.
Discussion on the different scenarios and costs. Narrowing the streets to 30 feet was one of the
considerations. There would be a grass strip between the sidewalk and curb. Option 5 is a challenge to get
the slope of the driveways to meet ADA requirements. Option 4 is to replace the streets for the entire
subdivision. Council President Smith asked about pursuing option 2 in two phases. One idea was given to
maybe combine two proposals into one. It was suggested to rebuild one road correctly per year until it is all
done.
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
February 04, 2015
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Repair Proposal #1 Repair Proposal #2
Repair Proposal #3 Repair Proposal #4
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Repair Proposal #5A for minimal work
Discussion: The consensus from the neighborhood at the conclusion of the meeting was to assess the cost
to each resident for two options, one is narrowing the road with the grass strip between the road and
sidewalk and the other is to leave the width of the road as is. Those in attendance agreed they would like
their roads fixed correctly to ensure lasting results.
7:00 P.M. City Hall – Pledge to the Flag
Boy Scout Troop 212 led the pledge.
Water Foreman Chuck Velman said the prayer.
Roll Call of Council Members:
Attending: Council President Smith, Council Member Mann, Council Member Merrill, Council
Member Busby, Council Member Wolfe, and Mayor Woodland.
Council Member Benfield asked to be excused.
Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes):
Presentations: – NONE
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Committee Liaison Assignments for 2015:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
1. Emergency Services Operational Agreement
Council Member Mann indicated the Fire Department needs to initiate a new operations
agreement to come into compliance with the Social Security Administration in identifying who the
actual employer is for the Madison Fire Department. Chief Child asked the City Council to approve
the new agreement. The City of Rexburg is the actual employer.
Emergency Services Operational Agreement
This Agreement is made and entered into this ____ day of _________, 2015, between the City of Rexburg, Madison County Fire Protection District and
Madison County Ambulance District.
WHEREAS, the City of Rexburg, Idaho (the "City"), is a municipal corporation duly organized and existing as a municipal corporation under the general
laws of the State of Idaho; and
WHEREAS, Madison County Ambulance District (the “Ambulance") is a duly created ambulance service district created pursuant to all applicable laws of
Idaho, to serve the needs of the geographical area known as Madison County, Idaho; and
WHEREAS, Madison County Fire Protection District (the "Fire") is a duly created fire protection district created pursuant to all applicable state laws of
Idaho, to serve the needs of the geographical area known as Madison County, Idaho, excluding the corporate limits of the City of Rexburg; and
WHEREAS, the parties hereto have determined it to be in their mutual best interest to combine the emergency services which we re previously separately
administered by Ambulance, City and Fire, and to operate, and where applicable, purchase equipment for a jointly owned facility and operation dedicated to providing
emergency services for Madison County and the City of Rexburg (the “Emergency Services Facility”). The part ies hereto have determined ambulance and fire services
(collectively referred to herein as “Emergency Services”) may be provided more efficiently and economically by combining the parties’ resources and skills.
WHEREAS, an Emergency Services Board (the “Board”) shall be created that consists of one elected official from each of the parties hereto named above
and a Medical Director who shall be appointed by the Board. The Board will be responsible to administer and monitor the oper ations of the emergency services within
Madison County. A chair of the Board shall be elected by the other Board Members during the first meeting of each year.
City Attorney Zollinger reviewed the document and was satisfactory with the agreement criteria.
Council Member Mann moved to approve the Emergency Services Operational Agreement,
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 Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
Fire Chief Child was asked about the progress of the Fire Station
remodel. He stated the trusses should be going up next week and
they are still on schedule to have it completed by mid-October. Life
Flight is scheduled to open for business February 19th. They will be
staffed by 4 nurses, 4 paramedics, and 4 pilots for a payroll of about
1.2 million dollars.
Council Member Mann reported the Golf Board didn’t meet, a new shift schedule was presented
before the Emergency Service Board but they turned it over to the Fire Chief to approve. Mayors
Youth Advisory Board met today, they made valentines to take to the Homestead Assisted Facility,
and they also volunteered at SnowFest that took place last Saturday.
B. Council Member Jordan Busby: GIS Oversight · Airport Board · Traffic & Safety
Council Member Busby reported GIS Committee met but he left his notes at home so he will
report next time; the Airport Board and Traffic & Safety meetings were rescheduled.
C. Council Member Donna Benfield: Police · Trails of Madison County · IBC · Teton Flood Museum
Committee
Council Member Benfield was excused.
D. Council Member Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle
Civic Center, Orchestra) · M.E.P.I.
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Council President Smith reported the Legacy Flight Museum will meet in March, MEPI met and
reported on last week’s meetings in Boise. They will be asked to take a stand on some legislation
items. The Romance Theater looked good today with some work being done on the outside. Our
venues are staying busy, during the Christmas season we had a lot of productions and it is good to
see them being used.
E. Council Member Jerry Merrill: School Board · Parks & Recreation · Urban Renewal Agency
Council Member Merrill reported the Madison School Board met; Superintendent Geoffrey
Thomas was voted by his peers as the superintendent of the year in the state of Idaho. The Madison
School Board Vice Chairman was voted as one of the outstanding board member of the year. They
have been trying to work through some of the common core and testing controversies and trying to
see what works well for the kids so they should be commended for their efforts and hard work. The
Recreation season is going well; he has gone to some of the youth basketball games. SnowFest had a
good attendance. The Polar Bear Plunge was very very cold but a lot of fun. Council Member Merrill
commended the Parks and Recreation for all their hard work making SnowFest a success. Urban
Renewal didn’t meet but the Urban Renewal North District is progressing; a little slow but correctly.
F. Council Member Brad Wolfe: Planning & Zoning · Beautification Committee
Council Member Wolfe reported Planning and Zoning will meet tomorrow. The Downtown
vision committee will meet next week.
Mayor’s Report:
Our Police Department is excellent, they are great and there is no doubt about it.
Public Hearings:
A. 7:15 P.M. to consider the City of Rexburg Water Facility Planning Study:
Mayor Woodland opened the public hearing.
Staff presentation:
1. Explain the alternatives considered in the facility plan including potential environmental impacts
of each alternative,
Marvin Fielding, Riley Bradshaw, and Jim Mullin from Keller Williams and Associates gave their
presentations. This presentation is similar to the presentation from August, 2014. The last step to get
funding requires a public hearing. The City Identified another 28,000 feet of pipeline making 45,000
feet of pipeline being reviewed. This study was funded through federal money. The environmental
impacts of the water lines replacements were reviewed. There are a few property options for the two
new wells and tank sites, one of them being by Madison High School where they would like the tank
and well combined into one site.
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Priority Improvements:
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Priority Improvements Downtown:
2. Explain funding options available to the City and the potential financial impact on the public.
Council Member Merrill asked about the water rights and if we have enough for this project;
Public Works Director Millar said after a 6 year effort, we now have the approval for enough water
rights to take us 20 years from now. The water rates are considered low compared to other cities,
about half. This estimate does include the cost of purchasing the property. Council Member Mann
asked why the rate has to go up that much more if we have that many more new users; Engineer
Keith Davidson indicated the proposed new rate to cover the costs of the improvements is based on
the existing users. 11 million dollars is to address current deficiencies. New users will be funded
from new connecting rates.
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City Engineer Davidson explained if the city wants the loan from DEQ, they will have to accept it by
June 30, 2015. Public Works Director Millar said they have been watching the study closely. The last
major upgrade was done in 1972. We have been able to run on that infrastructure since then. We have
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been working with Water Foreman Velman in identifying where lines have been corroding or rupturing.
There are numerous areas with 2 inch galvanized piping which over time have started leaking. We could
replace a lot of pipes by boring under the roads and replacing the old pipes with PVC pipes. Keller
Williams and Associates have done a good job putting this together; we approve this project.
Council Member Merrill asked about the projected life of these new pipes. The PVC lines will last well
over 100 years. The water lines that are ductile and cast iron are over 100 years old are still working
properly. The reservoir on the hill is a 2 million gallon tank and it was built in 1972. It should last
another 20-30 years. The new wells that are proposed should last well over 100 years. Right now there
are around 7,000 users; their monthly bill will increase on average about $6.49 per month.
3. Solicit verbal and written comments regarding the alternatives under consideration.
4. Request approval to set a Public Hearing on March 04, 2015 at 7:30 P.M. to establish the need to seek
Judicial Confirmation to issue bonds or obligations to upgrade Rexburg’s water facilities.
City Engineer Davidson indicated this project can be broken up into phases or completed in one large
project. Design will take 3-6 months and the city would like to replace some of the areas. E 2nd N needs
a new line and will be replaced at the same time the street is replaced. It is estimated that each area will
take 2-3 weeks with 2-3 pipe crews. Construction will be done by the end of next year.
Council Member Mann asked where the authorization to bond would come from. City Attorney
Zollinger said because this is considered ordinary and necessary there is not a requirement to take this to
the vote of the people. It will instead go to a judge. Council Member Busby asked how close to the
quote the actual amount will be. Engineer Davidson said it may come in a little less but it is estimated to
be very close to the quote. The actual study breaks down the cost.
“State Statute 7-1302. Legislative declaration. The legislature of the state of Idaho determines, finds and declares in
connection with this chapter:(1) An early judicial examination into and determination of the validity of the power of
any political subdivision to issue bonds or obligations and execute any agreements or security instruments therefor
promotes the health, safety and welfare of the people of the state.”
Written correspondence: - NONE
Public Testimony in favor of the proposal (5 minute limit): Kelly McKamey said one of the
primary responsibilities of city government is to ensure infrastructure. He thinks this needs to be
thought about carefully. If the city is in need of additional sources of water and we need the
upgrade, then the city should move ahead with the project.
Public Testimony neutral to the proposal (5 minute limit): NONE
Public Testimony opposed to the proposal (5 minute limit): NONE
Mayor Woodland closed the public hearing for deliberations.
Deliberations:
Council Member Busby moved to approve the City of Rexburg Water Facility Planning Study
as discussed with the City bonding for items coded (1.1 and 1.2); Council Member Wolfe seconded
the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
Note: Items coded 1.3 will be funded by private development.
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Council Member Merrill moved to move forward with the DEQ Funding proposal by setting a
Public Hearing on March 04, 2015 at 7:30 P.M. to establish the need to seek Judicial Confirmation
to issue bonds or obligations to upgrade Rexburg’s water facilities; Council Member Mann seconded
the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
A. 7:30 P.M. to consider creating the proposed LID 45 for constructing the proposed property
Improvements, and hear all complaints, protests, and objections which may be made in writing
and filed with the City Clerk on or before said time, by any owner of any parcel of land to be
assessed.
Mayor Woodland opened the public hearing.
Staff presentation:
City Engineer Davidson reviewed the many areas that need attention on 2nd North from Center
Street to 2nd E. He explained the policy of how LID’s work. If approved, the construction would
take place this spring. Access would affect Rexburg Rapids traffic because the project will not be
completed by their opening date. The city is looking to see which water and sewer lines need to be
replaced in that area so they can be replaced at the same time. The city would charge up to $1,000 to
the home owner to replace them at the same time. If the homeowner has to do it later, it could be
them up to $10,000. If someone trips and has an accident on a broken sidewalk, our insurance refers
back to the homeowner, so the homeowner is responsible. The actual costs for the LID estimates at
$35/linear ft. for curb and gutter base and concrete; concrete removal and installation of the
sidewalk is about $62/square yard.
Council Member Merrill mentioned some of the letters that were sent in say they feel their
sidewalk is ok and doesn’t need to be replaced. City Engineer Davidson said before the contractor
comes in and starts removing sidewalk, we can go out with the property owner and double check
their sidewalk. In the past, we have used city workers in small projects but in bigger projects it
actually costs more to use City crews because they are taken away from other projects and they are
not set up to do this kind of work on a regular basis like other contractors. Contractors who do it all
the time can do it much faster. Homeowners can use their own contractor for the sidewalk but not
for curb and gutter and we will allow them to use the city to finance their own contractor.
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Written correspondence:
Jr Sharp letter, William Eckersell, Dean Sharp,Brandon Sharp and Standard Supply Company letters:
=========================================================================
=========================================================================
February 04, 2015
To Mr. Gray and Mrs. Lovejoy,
Standard Plumbing Supply Company having been made aware of the proposed creation of the local
improvement district number 45 object to the creation and the suggested assessments against our
property. We find this to be an unnecessary and burdensome cost on our business.
Sincerely,
Miles Romney, Esq.
Corporate Counsel
Standard Plumbing Supply Company, Inc.
==========================================================================================
Public Testimony in favor of the proposal (5 minute limit): NONE
Public Testimony neutral to the proposal (5 minute limit): NONE
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Public Testimony opposed to the proposal (5 minute limit):
Bruce Claunch, Manager of Standard Plumbing referred to a letter from their legal counsel. We are
concerned with the construction and only having one access to our business. We would like the city
to work with us to keep access open so customers will not be inconvenienced. The entrance apron
was replaced about 10 years ago, just after it was completed; it started to break away because of a
leaking water line under the ground. They would like some expense credited to them for it not being
taken care of when they brought it to our attention 10 years ago. Kip, the previous Water Foreman
and Van Tuckett, one of our current water department employees could not remember anything
about needing to replace the pipe under their apron. Public Works Director Millar said one option is
that we can look at ariel photos to see how it has changed over time. Another concern was how
trucks would be able to travel to their business during construction to unload materials. The city is
able to work with businesses to keep them open during construction.
Richard Sharp indicated he would like to know why he has to replace it again, when he replaced it
12 years ago. They will only be replacing three sections. He showed the council members pictures of
his property. He felt his sidewalks are very smooth and doesn’t need to be replaced. Council
Member Wolf asked if Mr. Sharp was included in the last LID. City Attorney Zollinger said we are
not assessing anyone for the last project. Residents will have 45 days to let the city know if they are
getting their own contractors.
Dean Sharp isn’t sure how they are going to pay for the LID on a fixed income. He was
encouraged to visit with our finance office to learn about the different finance options.
Bill Eckersell said there was one piece of sidewalk in front of his home that has lowered slightly
and would like to not have to replace it; they would like it to be grinded down instead. They do not
have a driveway and would like their assessment to be changed. City Engineer Davidson said they
will go back out to his property and assess his sidewalk to see if grinding down the sidewalk will be a
feasible solution.
Mayor Woodland closed the public hearing for deliberations.
Deliberations:
Council Member Mann moved to approve creating the proposed LID 45 and consider Ordinance
1126 first read for constructing the proposed property improvements, and hear all complaints,
protests, and objections which may be made in writing and filed with the City Clerk on or before
said time, by any owner of any parcel of land to be assessed; Council Member Merrill seconded the
motion; Discussion: Council Member Wolf encouraged neighbors to meet with Financial Officer
Nielson to learn about all the different funding options available. The city does not want
improvements to be a big burden and we are willing to work with property owners. Mayor
Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
Items for Consideration: - NONE
Staff Reports:
A. Public Works: – John Millar
Public Works Director Millar indicated the council had approved the purchase of a Brine Maker for snow
removal. The cost for the brine is 4 cents per gallon of liquid that is applied to the streets which helps
prevent snow and ice buildup. The previous chemical cost 64 cents/gallon. We are now trying to hit the
stop signs with the brine truck so we don’t have to sand as much. Every load of sand we don’t have to put
down saves us on having to pick it up later.
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B. Finance Department: Matt Nielson
1. Monthly and Quarterly Financial Reports
Finance Officer Nielson reviewed the monthly and quarterly finance reports.
The Finance Department split Water, Waste Water, and Sanitation
into their own funds. This year property tax contributed 1.7million
dollars to the general fund. The Teton Lakes Golf Course still owes
money; he would like to come up with a plan to pay that off quickly.
Council Member Busby does not like the idea to take money from the
general fund to pay for the golf course debt; he would like a different
solution. Riverside Park has enough money in their budget to
complete the second access on Valley River Drive which if completed
in time can help with traffic flow during LID 45 construction. We
have spent about 10% of our annual budget in the first quarter.
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B. Community development – Val Christensen
1. January’s Building Permit Report:
Community Development Director Christensen reviewed the monthly report for building permits.
January was kind of a slow month but there are big projects coming up. We do not have an exact date of
when WalMart will start construction. Council Member Merrill asked about the status on the Mountain
American Credit Union. They had some issues with plans but nothing huge. They have been through the
design standard review and there isn’t anything from the city that is holding them up.
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 1126 creating LID45
(Approved and considered first read during public hearing for the creation of LID 45 Ordinance 1126)
Council Member Mann moved to approve creating the proposed LID 45 and consider Ordinance 1126 first
read for constructing the proposed property improvements, and hear all complaints, protests, and objections which may
be made in writing and filed with the City Clerk on or before said time, by any owner of any parcel of land to be
assessed; Council Member Merrill seconded the motion; Discussion: Council Member Wolf encouraged neighbors to
meet with Financial Officer Nielson to learn about all the different funding options available. The city does not want
improvements to be a big burden and we are willing to work with property owners. Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Smith None
Council Member Mann
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
D. Second Reading: Those items which have been first read: – NONE
C. 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 January 21, 2015 meeting
B. Approve the City of Rexburg Bills
Council Member Busby 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 Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
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City Attorney Zollinger requested an Executive Session to discuss legal matters:
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 Mann
Council Member Busby
Council Member Merrill
Council Member Wolfe
The motion carried.
Executive Session: 8:55 P.M.
Executive Session ended: 9:15 P.M.
Adjourned at 9:15P.M.
APPROVED:
_______________________________
Richard S. Woodland, Mayor
Attest:
_______________________________
Shellie Tolman, Deputy City Clerk