HomeMy WebLinkAboutCouncil Minutes - January 15, 2020
Mayor Jerry Merrill
Council Members:
Christopher Mann Jordan Busby
Mikel Walker Tisha Flora
Brad Wolfe Bryanna Johnson
City Staff:
Stephen Zollinger – City Attorney
Matt Nielson – Finance Officer
Keith Davidson – Public Works Director
Alan Parkinson – Planning & Zoning Administrator
Scott Johnson – Economic Development Director
Deborah Lovejoy – City Clerk
6:30 P.M. City Hall
Emmett Smith said the prayer.
Kenny Bradfield led the pledge.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Johnson, Council Member Mann, Council Member Walker, Council President Busby and Mayor Merrill.
Council Member Wolfe asked to be excused.
Public Comment: not scheduled on the agenda (limit 3 minutes); issues may be considered for discussion on a future agenda. Please keep comments on point and respectful.
Addison Fuhrman said she is a senior at the Madison High School and is working with a group of students on Project Citizen. The project’s purpose is to emphasize pedestrian’s safety
during the winter months when snow covers the sidewalks and other pedestrian walkways. They have been doing some research to know if the city has laws in place to keep sidewalks clear
of snow. They found city Ordinance Number 1019 regarding snow removal from sidewalks. She read the following section of the ordinance (2) Any person or persons, firm or corporation
owning or occupying premises within the corporate limits of the City of Rexburg, shall be responsible for the removal of snow from any sidewalks adjacent to their premises. It shall
be unlawful to fail to remove snow from designated sidewalks within (24) hours after being notified by the City of a declaration by the Mayor or the Public Works Director of a “Pedestrian
Safety Snow Emergency”
Addison Fuhrman said one of the solutions the group thought of to inform pedestrians which sidewalks to avoid due to hazardous conditions is a cell phone application. The application
would show a map of the sidewalks pedestrians should avoid where the snow has not been removed.
Addison Fuhrman invited City Council to their Project Citizen presentation on February 4th at 1:10 P.M. to 1:40 P.M. at the Madison High School.
Mayor Merrill introduced Compliance Officer Natalie Powell and mentioned some of Ms. Powell’s responsibilities of informing city residents of the snow removal ordinance. The city also
relies on citizens, police officers and City Council Members to informing the city of problem areas. The business owners have the responsibility of clearing off the snow from the sidewalk
in front of their business. Mayor Merrill said he has seen neighbors helping each other with sidewalk snow removal as well. The city is responsible for clearing off the sidewalks in
front of city owned property.
Council President Busby encouraged City Council to attend as many Project Citizen Presentations as possible because the students spend a lot of time and effort working on their projects.
Some of
the projects the students have presented, the city has implemented. Mayor Merrill mentioned one of those projects was at Nature Park. The students sponsored a community service project
with over 100 volunteers to help clean up garbage at Nature Park. The city sanitation crew came in to pick up all of the trash bags collected by the volunteers.
Presentation of Romance Theater Volunteer Recognition for Outstanding Service: Bill Hall
Mayor Merrill read a section of the Romance Theater history.
The building that is now the Romance Theater was once two buildings, the Rex Theater and the Lang Building, two abutting structures built in 1916-1917 on what had long been known as
the Cook corner at the intersection of South Center and East Main streets. A July 18, 1916 article in the Current Journal, a local newspaper, stated that “Mr. [Mark] Madison will erect
a theater building. Mr. Lang will occupy his building with a bakery, confectionary, and restaurant.” Between 1910 and 1920 Rexburg had become more prosperous and populous, and with
this expansion came demand for higher quality entertainment. Although Mark Madison had owned the Electric Theater, which showed motion pictures in town as early as 1908, and the old
Elk Theater also showed movies, the Rex was to be a larger, better, and more lavish theater, well-suited to movies, plays, and vaudeville performances. From the Current Journal of February
23, 1917, came this announcement: “The Rex Theater will open its new show house with ‘The Common Law,’ a Clara Kimball Young production. The Rex is pronounced the most beautiful theater
in the whole state of Idaho. Come and see for yourself. Admission is 15 cents and 25 cents.”
The Rex had a Beaux Arts façade and an elegant interior featuring overhanging balcony seating and a shallow stage. It offered various types of entertainments popular at the time. For
example, the October 4, 1917 edition of the Rexburg Standard, another local newspaper, advertised that “William Fox’s ‘The Price of Silence,” a “heart-gripping photodrama” about child
slavery, would be playing over the weekend of Oct. 12th and 13th, while the Broadway Amusement Company would be bringing a “dramatization of Gene Stratton-Porter’s famous novel ‘Freckles’…
[featuring] delightful Scotch [sic] characters” to the Rex beginning the following Monday. Throughout the late teens and into the late twenties, the Rex provided the most popular and
luxurious setting in town in which to enjoy silent pictures and traveling entertainments.
Mark Madison died of pneumonia in June, 1926, and within three months his widow, Carrie Madison, had sold the Rex to Paul DeMordaunt and Hugh Drennen, the owners of D & D Enterprises.
DeMordaunt and Drennen, both born in 1897, were childhood friends from Butte, Montana. DeMourdant began working as an usher in the local theater in the 8th grade, and by the time he
graduated from high school, he was the theater’s manager. He managed two theaters throughout college to pay for his education at the Colorado School of Mines. Drennen graduated from
the University of Utah and worked for R.G. Dunn, a credit investigation company, traveling throughout Montana and Idaho. In 1920 they went into business together, with Drennen providing
the money and DeMordaunt the theater expertise, opening the Rialto Theater in Blackfoot, Idaho. They would remain business partners for the next fifty-nine years, eventually owning
ten theaters in the five towns of Blackfoot, Idaho Falls, Rexburg, St. Anthony, and Salmon. DeMordaunt chose and ordered the films for all the theaters and was generally more involved
with theater operations, but Drennen was more directly involved with the Rex/Romance Theater as he moved to Rexburg to manage it in 1927.
Initially, DeMordaunt and Drennen continued to run the Rex as Mark Madison had, bringing in silent pictures and live entertainment, but the young businessmen were also eager to advance
with the times. Talking pictures came to the movie industry in the late 20s, the people of Rexburg wanted to experience the new technology, and D & D Enterprises saw an opportunity.
In September of 1929, Western Electric Vitaphone Equipment costing $10,000 was installed in the Rex. According to the Rexburg Journal, its first use was on September 6th, with a showing
of Ronald Coleman in “Bulldog Drummond.” The Rex was only the fourth theater in Idaho to be equipped for “talkies,” but DeMordaunt and Drennen dreamed of making it even better. In 1930,
DeMordaunt had his brother, Walter, an architect from Denver, designed and build the Nuart Theater in Blackfoot, one of the first theaters in the region specifically designed for sound.
Eventually, they hoped to do the same in Rexburg.
In 1935, the owner of the adjacent Lang Building died, and his widow, Anna M. Lang, was persuaded to sell the building to D & D Enterprises. Both buildings were closed for a long period
of rebuilding, during which the two buildings were combined and the interior and exterior completely remodeled. This was the middle of the Great Depression, and both financial constraints
and the changing tastes of consumers were taken into account for the reborn
theater, which was renamed the Romance. Rather than the Beaux Arts grandeur of the Rex, which came from a time in which an elegant atmosphere was needed to engage patrons, the new Romance
was less ostentatious and more focused on providing a high-tech, pleasant atmosphere in which to enjoy modern films. This was reflected in the Romance’s “budget Art Deco” exterior and
its simple, well-designed interior that replicated Blackfoot’s Nuart. The first show in the new theater was “Top Hat,” featuring Fred Astaire and Ginger Rogers. The rebuilding and existence
of the Romance was a symbol of hope for Rexburg, as well as a way for its citizens to escape the grim realities of the depression by watching the latest films in a modern space. Mayor
Harlo B. Rigby issued an official congratulation and thanks to DeMordaunt and Drennen upon the reopening of the theater, stating that the Romance project was “evidence of their faith
in the growth and progress of the city.”
Throughout the remainder of the Great Depression and into World War II, the Romance continued to be an important place for the community to share entertainment and feel connected to
broader American culture. During the war, especially, Rexburg’s citizens flocked to see patriotic films like “Sergeant York” (1941) starring Gary Cooper, or “Guadalcanal Diary” (1943)
starring Anthony Quinn. The town also enjoyed the distraction of more lighthearted war spoofs, like Abbot and Costello’s “Buck Privates” (1941).
After World War II, attendance at the Romance gradually declined, as television became a more common and popular form of entertainment nationwide. Following the 1976 Teton Dam disaster
and the deaths of Drennen in 1979 and DeMordaunt in 1982, the Romance never fully recovered nor regained its position as a center of entertainment in Rexburg. After being owned by a
number of theater companies, the theater eventually closed down. After being acquired by the City of Rexburg in 2003, however, the Romance’s importance to the history of the town has
become more appreciated, and the theater is now in the process of being restored to its former 1930s Art Deco glory.
As the Rex, and later as the Romance, this theater embodied the evolution of small-town entertainment from the days of vaudeville and simple silent pictures through the heyday of Hollywood
films in the 30s and 40s. Under the ownership of Madison and later DeMordaunt and Drennen, this building was a major social and recreational center for the City of Rexburg.
The restoration of the windows in the front façade of the Romance Theater is the latest stage of the ongoing restoration of the Romance Theater. Designed by BYU-Idaho faculty, and architect
Pat Huish, these windows are intended to replicate the windows which existed after the 1930’s remodel. The restored front of the Romance will feature chrome accents and a false door.
Today the men’s and woman’s bathrooms are situated directly behind these windows. These windows will have black melamine behind them to preserve privacy in the restrooms. It is hoped
that future renovations will move the bathrooms back downstairs to their original location in the basement of the Romance.
Mayor Merrill indicated the city formed a Romance Theater Restoration Committee about 20 years ago. The committee was under the direction of several staff members including City Attorney
Zollinger, Economic Development Director Johnson, Building Inspector Ted Dye and Economic Developer Daniel Torres. The members of the committee included:
Omar and Lori Hanson
Gwen and Roger Harris
Gary Benson
Pat Huish and other BYU-Idaho Staff and Students
Mayor Merrill explained his goal is to compile more recent history of the Romance Theater by contacting the previous Romance Theater Restoration Committee Members since it was acquired
by the city.
Mayor Merrill said in the last 2-3 years the painting and gold leafing was completed by William Hall of Rigby, Idaho under the direction of Jackie Rawlins, Cultural Arts Director. He
encouraged everyone to visit the Romance Theater to see some of the restoration work that has been completed at the theater.
Mayor Merrill awarded a plaque to William Hall for his dedicated service assisting in the restoration of the Romance Theater. Mayor Merrill said he enjoyed watching Mr. Hall paint the
intricate work at the Romance Theater.
Mayor Merrill said Jackie Rawlins has been fundamental in the Restoration of the Romance Theater.
Committee Liaison Assignments for 2020:
A. Council Member Mann: M.E.P.I. · Legacy Flight Museum · Planning & Zoning
Council Member Mann explained the City Council’s liaison assignments are different than last years. He reported M.E.P.I has not met; however, he has been in contact with the city’s Economic
Development Department to offer his assistance. The Legacy Flight Museum has not met. Planning and Zoning met the second week of January he attended the meeting and was impressed by
the way the meeting was conducted. Planning and Zoning will meet again tomorrow.
Mayor Merrill congratulated Council Member Mann on his new grandchild named Captain James Stoddard.
B. Council Member Busby: Cultural Arts/Museum · School Board · MUSIC
Council Member Busby reported he has not had the opportunity to meet with his newly assigned committees. He spoke with Cultural Arts Director, Jackie Rawlins regarding the city’s upcoming
events:
January 16th and 17th audition for a play that will be presented on May 4th will held at the Romance Theater.
January 24th The Cam Stone Concert will be held at the Romance Theater.
January 31st – February 1st Rexburg’s Got Talent Auditions at the Tabernacle.
February 26th Rexburg Tabernacle Orchestra Concert at the Tabernacle.
March 9th The Smithsonian come to The Museum of Rexburg.
March 13th-14th First Round of Rexburg’s Got Talent at the Tabernacle.
March 20th-21st Rexburg’s Got Talent Semi-Final at the Tabernacle.
March 27th Rexburg’s Got Talent Finals at the Tabernacle.
Council Member Busby reported M.U.S.I.C. has not met. He asked Mayor Merrill to explain the purpose of this committee.
Mayor Merrill explained the city has a Mayor’s Youth Advisory Board (M.Y.A.B.) made up of high school students. The members of the M.Y.A.B. organize community service projects and come
up with ideas for the betterment of the community. He said there were students from BYU-Idaho expressing interest in being involved in the community and assisting the city with events.
They decided to start a new committee called M.U.S.I.C.; it stands for Mayor’s University Student Involvement Committee. The purpose of the organization is to receive input from the
BYU-Idaho Students on how to make Rexburg a better place to live and for the city and university to work together.
Mayor Merrill explained the importance of educating the BYU-Idaho students about municipal government and the reason for certain rules the city has in place.
C. Council Member Walker: MYAB · Emergency Services · Traffic & Safety
Council Member Walker reported the Mayor’s Youth Advisory Board did not meet today due to a “No school snow day”. Emergency Services Board met last week. They announced Assistant Chief
David Davis is retiring after 30 years of service on April 3rd, 2020. Mr. Davis has been a great assistant chief for Emergency Services. The Board appointed Kim Anderson as chairman
of the Board. They accepted bids on a chassis for a new tender for the Fire Department. Traffic and Safety has not met; however, they are scheduled to meet the first week in February.
D. Council Member Johnson: Trails · Beautification · Development Workshop
Council Member Johnson reported the Trails Committee has not met; however, she spoke with Economic Developer Torres and she will meet with him again tomorrow to begin meeting with the
Trails Committee. The Beautification Committee has not met. She tried to contact Parks Director Greg McInnes because he is the staff liaison for the Beautification Committee. She was
unable reach him; however, she will continue to contact him. She will also contact Sally Smith the pervious council liaison for the Beautification Committee when she arrives back in
town.
Council Member Johnson reported she spoke with McKayla Matlack the Development Workshop’s CEO to schedule a meeting and a tour of their facility. Council Member Johnson said Ms. Matlack
will inform her of when the Development Workshop’s Board meetings are scheduled and of any assistance City Council can offer.
Mayor Merrill said the Trails Committee has not been very active the last couple of years. He asked the audience members if any of them would be interested in being a member of the committee
or if they know of anyone who would be willing to serve on the committee to contact city hall. The purpose of the Trails Committee is to develop trail systems in the city and county.
E. Council Member Flora: Parks & Recreation · Urban Renewal Agency · GIS Oversight
Council Member Flora reported she will meet with Economic Developer Torres regarding the city parks. City staff has been working on a 10 year plan for the city parks. The Recreation
Department encompasses three different areas:
The recreation guide and programs
Races and Events, there are three main races the city sponsors.
Facilities management of Kidsburg at the Zone, Rexburg Rapids and the Teton Lakes Winter Park.
Council Member Flora reported the Urban Renewal Agency and the GIS Oversight Committees have not met.
Mayor Merrill mentioned he received a letter from a resident thanking the city for the awesome grooming done for the cross country skiing trails at the Teton Lakes Golf Course. He asked
that dogs and fat bikes not be allowed on the groomed trails. Mayor Merrill said city staff is considering grooming a trail for the use of fat bikes at the Legacy Golf Course.
Council Member Flora reported she rode in one of the city’s sanitation trucks picking up the city residents garbage containers with Todd Davison for two hours. She was impressed with
the city’s sanitation service and with the work the sanitation truck drivers perform each day. The garbage routes are like a maze and are designed in a way that the sanitation trucks
do not have to back out onto a road.
Mayor Merrill said he also received several calls complementing the Street Department’s personnel for their work removing the snow off of the city roads.
F. Council Member Wolfe: Airport Board · Golf Board · Police
Council Member Wolfe was unable to attend the meeting.
Staff Reports:
Finance: - Matt Nielson
Finance Reports
Finance Officer Nielson reviewed the Treasurer’s Expenditure Report. The Fund Balance has been added back onto the report and is up to date. He pointed out the Rexburg Rapids Account.
The cash balance is down to $143,257 in the Rexburg Rapids Fund due to paying off most of the expenses for the Combined Heating and Power Unit (CHP). The unit has been installed and
the final inspection is being completed. City staff will also be trained before the unit is put online. The project expenses were about $160,000.
Finance Officer Nielson said the Street Impact Fees Fund has about 1.5 million dollars in the account. He hopes to close this week or next week on the Johnson property and has closed
on the Clark property for the East Parkway Corridor.
Council Member Walker asked if the Fire Department has received payment for the Wildland Fire Deployments. Finance Officer Nielson replied yes, the Fire Department has received those
payments.
Finance Officer Nielson reviewed the Operating Expenditures Budget Summary Report. The Street Repair Contracts Account is currently under Operating Expenditures. He is going to move
this account to the Capital Expenditures on the next report because most of those expenses are capital in nature. The city is placing the contracts into fixed assets with a depreciation
period of 30 years.
Finance Officer Nielson explained the other changes he is making to the Operating Expenditures Budget Summary Report. The first change is under the Capital Expenditures Account, the
Construction Fund has a lot of different funds that he plans to split up. The Major Water Construction, The Sewer Plant and the new Street Construction Funds will be separated for the
Construction Fund. This will allow a more detailed report of how those funds are being used.
Finance Officer Nielson reviewed the Operating Revenues Budget Summary Report. The city will receive, at the end of the month, a 3.1 million dollar payment in property taxes. The Utility
Charges – Wastewater Account has been low. The account should be closer to 25%. There is an account contribution for the project on the northwest side of the city combined with the
neighboring cities. The city takes care of neighboring city’s wastewater treatment. The funds will be withdrawn to put into the Capital because it is not an operating revenue. Over
all on an operating base the city is cash flowing about 2.8 million dollars with the Capital and Operations being at about three million dollars.
Finance Officer Nielson reviewed the Cash and Investments Report. The city opened a Certificate of Deposit (CD) with Westmark Credit Union in the amount of $250,000. The interest rate
on the CD is about 2.1% for a year. The TVI – Bond Investment is at three million dollars. The funds were moved from the State Diversified Bond Fund into the TVI – Bond Investment.
The city has a total investment of $27,443,046.
Public Works: - Keith Davidson
Resolution 2020-01 Set Public Hearing for Local Improvement District (LID) 49 Creation Ordinance February 5, 2020
Public Works Director Davidson reviewed a map of the streets included in LID 49. The streets he mentioned were Park Street, W 2nd N, Main Street, W 4th S/Yellowstone Hwy, and a city
parcel. The only street in LID 49 where the street is going to be reconstructed is Park Street. The sidewalk on Park Street is up against the curb and gutter. There is also drainage
issues and the expenses will be significant.
Council Member Flora asked if the new sidewalk along Park Street Park is going to be removed. Public Works Director Davidson replied there are some segments needing to be removed because
the curb was not replaced when the sidewalk was installed.
Council Member Flora asked if the notice mailed to the property owners participating in LID 49 could include an estimated payment amount if the property owner decides to make monthly
payments through their utility bill. Public Works Director Davidson said because the expenses are an estimated cost when the notices are mailed to the property owners, the amounts wouldn’t
be correct. Finance Officer Nielson said there are some factors that are unknown such as what the interest rate will be for the bond. The notice includes information on the city’s webpage
where the LID payment option are outlined.
Council Member Flora said one of the main complaints she heard from residents on Terra Vista participating in LID 48 was the amount of sidewalk and driveway torn up due to ADA requirements.
When the sidewalk was reinstalled the property owner’s mail boxes were placed in the middle of the sidewalk leaving no available room for a person using a wheelchair. She expressed
concern with the mailboxes being placed in the middle of the sidewalks will happen again on Park Street; therefore, not meeting the ADA requirements. Mayor Merrill said the city has
a solution to avoid that issue on Park Street. Public Works Director Davidson said the Post Office will not allow the mailboxes to be placed directly on houses. The solution is to extend
the concrete on both sides of the mailboxes to allow the passage of a wheelchair on Park Street.
Council Member Walker said another solution would be to install a community mailbox. Public Works Director Davidson said the feedback he has received regarding a community mailbox has
not been positive.
Council Member Busby indicated the main complaint he has heard throughout the meeting regarding LID’s is compunction. Public Works Director Davidson said he will meet with the City Engineers
to address the communication issues between the city and property owners. Council Member Busby said LID 48 was an exception with the freezing weather; however, the work needing to be
completed should be a priority for the construction company.
Discussion regarding the window of time each property owner has to obtain their own concrete contractor for their sidewalk and driveway.
Council Member Flora moved to approve Resolution No. 2020-01 to set a Public Hearing on February 5th, 2020 to create Local Improvement District No. 49; Council Member Mann seconded the
motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Walker
Council Member Mann
Council President Busby
The motion carried
Wastewater Air Line Bid Acceptance and Change Order
Public Works Director Davidson explained the wastewater air line needing replaced runs through the oxidation ditches and has been leaking air for many years. The Wastewater personnel
have been operating three of the blowers due to the air loss. The cost in power to run the three blowers is significant.
Public Works Director Davidson said during the initial bid there was only one bid from Edstrom Construction. The initial bid received from Edstrom Construction was $605,814. City Staff
has been in discussions with Edstrom Construction to find ways to lower the expenses to replace the air line. They decided to install a ductile iron pipe rather than a welded steel
line. The price will decrease by $238,934 bringing the total cost to $366,880 for the replacement of the air line at the Wastewater Plant. He said his recommendation to City Council
is to approve the change order decreasing the contract price.
Mayor Merrill asked when the original air line was installed. Public Works Director Davidson replied the air line was installed in 1993 and the majority of the air leaks are due to gasket
failures. Mayor Merrill asked if the iron air line is worth saving. Public Works Director Davidson said the line is deteriorating and it is more feasible to replace the line.
Council Member Busby asked if the expenses for the air line are covered by the current budget. Public Works Director Davidson explained the expenses for the blowers is in the budget.
There is an incentive from Rocky Mountain Power in the amount of about $100,000 to replace the blowers. Mayor Merrill asked what the savings would be to replace the blowers. Public
Works Director Davidson said the savings in power would be several thousand dollars a month. Council Member Walker asked when the work to replace the air line would begin. Public Works
Director Davidson replied Edstrom Construction is anxious to get started on the project.
Council Member Walker moved to approve the Wastewater Air Line Bid and Change Order in the amount of $366,880 from Edstrom Construction; Council Member Johnson seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Walker
Council Member Mann
Council President Busby
The motion carried
Recreation: Jon Faldmo & Jeff Crowther
New Race Proposal
Race Coordinator Faldmo reviewed the equipment needed to hold the Foamy 5K Race. He has researched the possibility of having a third party company sponsor the race for the city or to
share the
equipment needed for the race with another city or government agency. He reviewed the equipment needed for the race and the difference in cost to rent or purchase the equipment. In order
for the race to be feasible the equipment will need to be purchased to use for several years. He contacted the Bubble Run Company, which is a third party company. The Bubble Run Company
is booked all year and will not be able to host the race for the city. In terms of co-sharing the equipment with another city, he contacted the City of Idaho Falls and St. Anthony,
they were not interested in being part of the Foamy 5k Race.
Race Coordinator Faldmo addressed Council Member Mann’s concern with the time frame of the Budget Adjustment Request. He explained the Youth Triathlon was held in August, he was hired
in November, the race research was completed in December and the race proposal was brought to City Council the 1st meeting in January.
Race Coordinator Faldmo reviewed the three different scenarios for the Foamy 5k Race. The best case scenario would be to have 700 participants with a 3- year profit/loss of about $9,240.
The expectation is to have 400 participants with a 3-year profit/loss of $1,113 and the worst case would be to only have 250 participants with a 3-year profit/loss (-$4,056).
2. Fiscal Year 2020 Foamy 5K Budget Adjustment
Council Member Flora commended Race Coordinator Faldmo for gathering the information City Council requested. She agrees with the Recreation Department’s tag line for the race series
“A Race For Everyone”and hopes the Foamy 5K is a success.
Council Member Flora moved to approve the Recreation Budget Adjustment in the amount of $5,400 for the Foamy 5K Race; Council Member Walker seconded the motion; Mayor Merrill asked for
a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Walker
Council Member Mann
Council President Busby
The motion carried
D. Human Resources
1. Employee Handbook Approval – Terri Hill
Human Resources Director Hill explained a year ago the process to make changes to the Employee Handbook began. She met with Emergency Services Board in March and then ICRMP completed
a rewrite of their handbook. The changes ICRMP made to their handbook and the changes the Emergency Services Board made were compiled into the city’s Employee Handbook along with other
changes that came up throughout the year.
Human Resources Director Hill reviewed some of the recommended changes to the Employee Handbook.
Human Resources Director Hill mentioned one of the main items discussed was to the Workers Compensation. They had discussed the option of going with the Occupational Injury Benefit (OIB);
however, the Emergency Services Board made no consideration towards the OIB. The decision to add the OIB to the Employee Handbook has been tabled. The Emergency Services Board asked
to meet this year to discuss the Workman Compensation procedure.
Human Resources Director Hill said there are changes to the city’s Workers Compensation policy. The changes to the policy now meet the practice of the policy.
Human Resources Director Hill reviewed the changed to Section 309 of the Employee Handbook.
Human Resources Director Hill reviewed the changes to section 609 the use of cell phones and social media.
Human Resources Director Hill mentioned the following sections were added to the ICRMP Handbook and the city adopted these section to the Employee Handbook.
Human Resource Director Hill reviewed the certifications that merit a step-raise for the Madison Fire Department and other departments.
Council Member Busby moved to approve the changes to the Employee Handbook and the additional changes needing to be made; Council Member Flora seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Walker
Council Member Mann
Council President Busby
The motion carried
Public Hearing 7:00 PM:
Local Improvement District 48 (LID 48) Final Assessment Role Hearing Ordinance No 1221 – Keith Davidson
Public Works Director Davidson mentioned the streets included in LID 48:
2nd North – 5th West – 2nd West
2nd North – 2nd East to Madison Ave
2nd South – 3rd East to Millhollow
Terra Vista Drive – 4th East to Shoshone Avenue
Miscellaneous Parcels: 985 Green Haven Circle, 1050 N. 2nd E, 437 Linden Avenue, 112 N. 2nd W. and 239 Mohawk
Public Works Director Davidson indicated LID 48 is primarily complete, there is some warranty and landscaping work needing to be finished. The contractor was unable to complete the work
due to the early freeze in October. The warranty work will be completed this spring. If there is other warranty work needing to be completed the contractor will complete the work in
the spring when the curb and gutter is more visible.
Discussion regarding the warranty work needing to be completed.
Council Member Busby asked if the letters received regarding LID 48 have been addressed. Public Works Director Davidson replied yes, the issues stated in the letters have been addressed
and the property owners have been contacted.
Council Member Mann questioned the method in which the property owners are contacted when their property has been assessed to participate in a LID. Public Works Director explained city
staff uses the utility billing system and Geographic Information Systems for the latest mailing address. Council Member Mann asked if the letters mailed to the property owners are certified
letters. Public Works Director Davidson said the letters are not certified.
Mayor Merrill opened the Public Hearing
Public Testimony in favor of the proposal (5-minute limit):
Public Testimony in neutral to proposal (5-minute limit):
Steven Christenson said over all he was in favor of LID 48. As the project progressed he noticed some issues with the quality of the work being completed. He contacted the city and worked
closely with Public Works Director Davidson until those issues were addressed to his satisfaction.
Mr. Christenson mentioned his assessment was much lower than the estimated costs. He asked about the payment options to pay back his LID assessment.
Mayor Merrill said the full payment may be paid at city hall to avoid the interest charges or there is a monthly payment option. Mr. Christenson said he has a total amount for his assessment;
however, he would prefer an itemized invoice.
Public Testimony opposed to the proposal (5-minute limit):
Letter #1
Letter #2
Letter #3
Letter #4
Paul Busselberg said part of his frustration and complaint regarding LID 48 comes from only living at his property for a year and having to participate in an LID. There was a lack of
communication throughout the entire LID process. He had asked for the city engineer to contact him regarding the amount of work assessed to his property because he believed it was excessive
and
the type of work assessed was not entirely necessary. He said he was not contacted by the city engineer.
Mr. Busselberg said there wasn’t sufficient notice of when the work on his property would begin causing him to be unprepared for when the road, driveway and sidewalk in front of his
house was demolished.
Mr. Busselberg indicated he was informed his estimated assessment would be lower; however, it was not. The total amount for his assessment was over $9,000 and the estimated assessment
was under $9,000. He said being new to the community and having to participate in this type of tax causes a challenge for his household. He said he will now need to economize his budget
and spend his money outside of Rexburg. The City Council needs to take note of the economic drain LID’s create in the community.
Mr. Busselberg questioned the pre-payment penalty if he decides to finance his assessment. Finance Officer Nielson explained the billing process for LID’s. Once the LID assessment amounts
are finalized and adopted by City Council through an ordinance, city staff will send a letter to the property owners indicating the total amount of their assessment. There are three
payment options.
The payment can be made in full.
The payment can be financed over a ten year period with annual payments
The payment can be applied to the monthly utility bill.
Finance Officer Nielson said state statute requires the current year interest plus the next year interest when paying off an assessment before the ten year period is complete. The reason
for this requirement is due to the bond or warrant the city obtains to fund the LID. He said the property owner may pay off their LID assessment; however, the city doesn’t have the
option of paying off the bond. He believes this is the reason why the state requires the current year and next year interest be paid by the property owner.
Mr. Busselberg said there was a section of his driveway in good condition that was replaced. Public Works Director Davidson explained the section of the driveway the owner is referring
to needed to be replaced due to the Americans with Disabilities Act (ADA). The slope of the driveway did not meet ADA requirements.
Mr. Busselberg asked City Council to implement a better way to replace curb, gutter and sidewalk because the LID process creates a heavy burden on city residents when their properties
are assessed.
indicated the city has determined the LID Ordinance to be fair because it directly affects a particular property without raising city taxes. Mayor Merrill mentioned a brief history of
the LID Ordinance.
Council Member Busby asked Mr. Busselberg if he has met with city staff to review his assessment. Mr. Busselberg replied he has not had the opportunity to meet with city staff to discuss
his assessment. His wife met with Staff Accountant Pheathan regarding the costs of the assessment.
Council Member Flora apologized to Mr. Busselberg because of the city’s lack of communication regarding his assessment. The purpose of the LID is to be able to expand the city street
budget as much as possible. She said she participated in two LID’s and understands the burden of having to pay for the assessment. The pay back options the city has in place alleviate
some of that burden.
Discussion regarding bringing in more retail businesses to the city so the city receives more tax revenues and the city’s tax levy.
Scott Banta reiterated the concerns of the ethics of the LID Ordinance; when the property is city owned property or publicly usable property and the property owner is responsible for
the brunt of the expenses to maintain the curb, gutter and sidewalk. He said his property is located near the fairgrounds. People park in front of his house, they drive up over the
curb and snow plows have driven up onto his sidewalk. The damage caused to the curb, gutter and sidewalk is caused by other people; however, he is responsible for the expenses to repair
the damages. The ethics of the LID Ordinance are concerning because he doesn’t have a say in who can and can’t use and abuse that section of his property.
Mayor Merrill clarified the property owner doesn’t have all of the responsibility of paying for the replacement of the curb, gutter and sidewalk; these expenses are a shared cost with
the city. The city is responsible for the entire cost to replace the street. Mr. Banta said the city only shares in about 10% of the expenses for curb, gutter and sidewalk.
Mr. Banta indicated there was a lack of communication between the construction company performing the work and the city. There was work he requested be completed a certain way at an
additional cost and the work was not completed as he requested. There was also work he was going to complete on his own; however, the construction company came in and completed that
work.
Mr. Banta said there was a section of his property torn up by the construction company. He asked if the grass is going to be replaced and if so what type of grass they are going to use.
City Engineer Brett McDermott said the area will be put back to its original state and they typically use sod.
Mary Pack said the notification for her LID assessment and the proposal were received in December and no other communication was sent until she received a notice for the construction
company stating when the work was going to begin on her property. There was no time given to the property owners to obtain bids from other contractors. She said she was fortunate and
was able to obtain a concrete contractor who was less expensive than the contractor hired by the city. The curb was not completed to city standards. The curb was flat and level with
the gutter. City Engineer McDermott agreed the curb was not constructed to city standards. She noticed water collecting near the curb and not flowing down the gutter the way it is intended
to do so. In order to correct the curb and gutter they will need to redo the driveway and sidewalk. She said the curb can’t be corrected without redoing the gutter, driveway and sidewalk.
There were also broken sprinklers when the old gutter was torn out for the replacement.
Mary Park reiterated Mr. Banta’s comment of the ethics of the LID Ordinance being that the sidewalk is right of way property. She believes the cost to replace the curb, gutter and sidewalk
should be split 50/50 between the city and property owners.
Mayor Merrill closed the public hearing.
Council Member Flora questioned the communication between the construction company performing the work, the property owner and city staff. Public Works Director Davidson explained the
contractor is required to notify the property owners of when the work on their property will begin and the estimated completion date. Ms. Park said she received the notice; however,
the notice did not indicate when the work would be completed. Mr. Banta said he too received a notice of when the work was going to begin; however, they didn’t start any work until
a week later.
Mrs. Christensen indicated there were issues with soft spots in her sidewalk and driveway because the cement was laid in November when the ground was frozen.
Council Member Busby expressed his concern with the amount of work still needing to be completed for LID 48. He asked if a letter can be sent to the property owners to inform them if
they have issues with the work completed on their property to notify city staff. Public Works Director Davidson said he has been in communication with Edstrom Construction and their
sub-contractor doing the concrete work which was Depatco regarding the warranty work still needing to be completed.
Council Member Mann said he believes in safe routes for the children walking to school, the elderly and the sidewalks being ADA accessible. He mentioned the city’s participation in the
cost for the curb, gutter and sidewalk has increased over the years.
Council Member Busby moved to approve Ordinance No. 1221 Local Improvement District 48 (LID 48) Final Assessment Role; Council Member Johnson seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Walker
Council Member Mann
Council President Busby
The motion carried
Items for Consideration:
Calendared Bills
A. “LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing Procedure: – NONE
Second Reading: Those items which have been first read: - NONE
Third Reading: Those items which have been second read: NONE
Mayor’s Business:
Mayor Merrill reminded the City Council members about the State of the City and Madison County Breakfast the Chamber of Commerce is hosting. He also reminded them of the Association
of Idaho Cities, City Officials Day at the Capital on January 23rd.
Mayor Merrill reported he attended a TRPTA Board meeting. The Board is negotiating a bid to sale the property and building to pay off TRPTA’s debts. TRPTA filed for bankruptcy and have
negotiate a repayment for most of the debt. The TRPTA Board will not be dissolved because the City of Idaho Falls has a plan to start a public transportation service.
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.
Minutes from January 8, 2020 meeting
Approve the City of Rexburg Bills
Council Member Busby moved to approve the Consent Calendar containing the minutes and city bills; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Walker
Council Member Mann
Council President Busby
The motion carried
Council Member Busby questioned the feasibility of continuing the recycling program in the city. Discussion regarding the recycling program.
Adjournment 9:06 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Marianna Gonzalez, Deputy City Clerk