HomeMy WebLinkAboutCouncil Minutes - January 15, 2020
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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.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x 2101
Fax: 208.359.3022
deborahl@rexburg.org
www.rexburg.org
City Council Minutes
January 15, 2020
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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
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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:
1. Omar and Lori Hanson
2. Gwen and Roger Harris
3. Gary Benson
4. 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.
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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:
1. January 16th and 17th audition for a play that will be presented on May 4th will held at the Romance
Theater.
2. January 24th The Cam Stone Concert will be held at the Romance Theater.
3. January 31st – February 1st Rexburg’s Got Talent Auditions at the Tabernacle.
4. February 26th Rexburg Tabernacle Orchestra Concert at the Tabernacle.
5. March 9th The Smithsonian come to The Museum of Rexburg.
6. March 13th-14th First Round of Rexburg’s Got Talent at the Tabernacle.
7. March 20th-21st Rexburg’s Got Talent Semi-Final at the Tabernacle.
8. 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.
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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:
1. The recreation guide and programs
2. Races and Events, there are three main races the city sponsors.
3. 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:
A. Finance: - Matt Nielson
1. 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.
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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.
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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.
B. Public Works: - Keith Davidson
1. 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.
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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.
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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
2. 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
C. Recreation: Jon Faldmo & Jeff Crowther
1. 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
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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
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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.
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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.
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Human Resources Director Hill reviewed the changes to section 609 the use of cell phones and social
media.
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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.
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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
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Public Hearing 7:00 PM:
A. 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
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Letter #2
20
Letter #3
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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
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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.
1. The payment can be made in full.
2. The payment can be financed over a ten year period with annual payments
3. 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.
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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:
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Calendared Bills
A. “LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing
Procedure: – NONE
B. Second Reading: Those items which have been first read: - NONE
C. 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.
A. Minutes from January 8, 2020 meeting
B. 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