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HomeMy WebLinkAboutCouncil Minutes - September 04, 2019 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Mikel Walker Tisha Flora Brad Wolfe Sally Smith 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 Council Member Walker said the prayer. Council Member Busby led the pledge. Roll Call of Council Members: Attending: Council Member Flora, Council Member Mann, Council Member Busby, Council Member Walker, Council Member Wolfe, Council President Smith and Mayor Merrill. 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. NONE Presentations: NONE Staff Reports: A. Finance: - Matt Nielson 1. Legacy Pump Station Bids Finance Officer Nielson said the Golf Board has been discussing the necessity for a water pump station at the Legacy Golf Course. He recalls back in March of this year, City Council approved $60,000 for the installation of the water pump station. City staff originally estimated the costs to be about $60,000 amount; however, the expense to install the water station will be at a greater cost. The reason a pump station is needed is because the current system is drawing double the amount of water allowed by Idaho Department of Water Resources (IDWR). The IDWR had given the city two years to address the issue of drawing to much water. Finance Officer Nielson explained city staff obtained actual bids as if the city was going to subcontract the project to install the pump station. The estimated total with a 5% contingency and the city installing 300 feet of the water line came to a total of $119,589. City staff decided to also obtain bids from private construction companies. Jerome Bowen Construction’s bid was for $165,446 and Edstrom Construction’s bid came in at $236,518. Finance Officer Nielson said County Commissioner Smith discussed the costs for the pump station with the other county commissioners to determine if they felt comfortable with proceeding with the city’s estimate costs of $119,589 and to have city staff complete the work on the pump station. He also spoke with City Employee Seth McFarland about laying the pipe for the water pump and Mr. McFarland indicated he was able to install the pipe; however, they would need to use a private company to connect the city’s pipe to the rest of the equipment. The expense for the connection would come from the contingency amount. 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 September 04, 2019 Finance Officer Nielson indicated the Golf Board and County Commissioners are in favor of proceeding with the project and having city staff complete the project. They are recommending approval to move forward with the project. Council Member Busby asked if the expenses for the project are going to be a 50/50 split between the city and county. Finance Officer Nielson replied the split is a 55/45. The city would pay 55% of the costs because of the water rights from the well. The city would have more water rights to draw for potable water. The City Water Fund would pay $66,201 which equals 55% of the estimated costs and the Golf Operations would pay $53,388 which is equal to 45%. Council Member Busby questioned if the installation of the pump station would correct the issues with drawing out the overage of water and not cause a shortage of water. Finance Officer Nielson replied the pump station would correct the issue with drawing out too much water; however, the water being pumped will now come from an irrigation canal, there may be times where there isn’t sufficient water in the canal. Council Member Busby asked if City Employee Seth McFarland has experience with laying pipe. Finance Officer Nielson said Mr. McFarland has completed plenty of trenching on irrigation lines and he felt comfortable with laying the pipe. The city has the necessary equipment to complete the work for the pump station. Council Member Mann moved to approve the Legacy Golf Course Pump Station installation by City Staff with subcontractors and the 55%/45% split between the City and County; Council President Smith seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried B. Public Works: - Keith Davidson Public Works Director Davidson reported on the city street projects being completed. The striping of the road on 7th S. will begin tomorrow. The road will be closed slightly longer to allow enough time for the concrete to cure from lifting several manholes. He said depending on the weather in October the plan is to slurry seal 7th S. This is the soonest date the slurry seal company has available. Public Works Director Davidson reported TerraVista road will be paved next week. On 2nd South and 2nd North, the construction company will be cleaning up some concrete work. The Street Department crew will be painting the crosswalks this week around Lincoln Elementary School. Public Works Director Davidson reported an inspection of the 2.5 million gallon reservoir was completed. There are some clean up items the construction company will need to complete. After, the clean-up items are completed the reservoir will be filled with water to check for leaks. Council Member Flora requested more detour and directional signs need to be installed by the construction companies completing the road work. She said she is aware of several complaints by drivers not knowing which route to take to get to their destination. Public Works Director Davidson explained when 2nd East and the 7th South intersections are closed, it’s a long detour spanning many miles to come back around to the intersection. Council Member Busby questioned if the slurry seal on 7th South is completed in October will there be enough time and will the grant cover the restriping of the road. Public Works Director Davidson replied there are grant funds available to cover the restriping of the road; however, depending on the weather there may or may not be enough time to complete the restriping. Council Member Busby questioned if there is anything that could be done to minimize the foul odor coming from the wastewater plant. Public Works Director Davidson said the odor is coming from the holding tanks. There is an option of adding a roof to the top of the holding tanks to minimize the odor. Council Member Busby asked if the bio-solids can be sold as fertilizer. Public Works Director Davidson said the bio-solids are class A exceptional and can be sold as a fertilizer. An appointment can be made with the wastewater personnel to purchase the bio-solids. Discussion regarding the city allowing Madison High School to use the wood at the city’s burn pile for the schools homecoming bon fire. C. Community Development: - Bret Stoddard Permit Technician Shawna Eaton reviewed the Building Valuation Report for the month of August. She said the Building Department has been busy assisting Madison County with their inspections over the last few months. They have been able to enter the Madison County building permits into the city’s City Works System. The Building Department has also been busy with issuing Certificates of Occupancy to the new apartment buildings. Permit Technician Eaton reported on the larger commercial projects including the East Idaho Credit Union building. The Commercial Lease Space building is being constructed where the old Pizza Hut building was located. Pizza Hut will be leasing one of the spaces; it will only be a takeout pizza establishment not a sit down restaurant. Mayor’s Report: Mayor Merrill reported the Experience Rexburg Event is scheduled for Saturday, September 21st on 2nd South between the Snow Building and football stadium. The Chamber of Commerce, BYU- Idaho University and the City of Rexburg are sponsoring the event. The event will have food vendors and activities starting at 10:00 a.m. The free baked potato bar will begin at 3:00 p.m. A community flag football game will start at 4:00 p.m. at the BYU-Idaho stadium. The teams will be made of community members and BYU-Idaho students. He encouraged everyone to attend the event. Mayor Merrill said the Department of Energy is searching for a site for a Versatile Test Reactor (VTR). He has written letters in support of the VTR to the Department of Energy and to consider the Idaho National Laboratory as the site for the VTR. Mayor Merrill mentioned the city hosted the Wyland Foundation Representatives and accepted the prize of a new Toyota Highlander for winning the Mayor’s Water Conservation Challenge for the D.A.R.E. Program. He reminded everyone about the water resistant plants in the planter boxes on Center Street. He said each plant has a card by them indicating the name of the plant. Mayor Merrill reported he attended the Madison County Community Coalition meeting. The members serving on the coalition work together; to promote the general quality of life for the youth and their families living in Madison County. He said some of the coalition members are employed by non- profit organizations. They discussed drug abuse prevention, suicide prevention, and child abuse prevention. The coalition also coordinates and supports activities throughout the community to help educate the public to be a safer community. Mayor Merrill said there are many members in the community willing to help without receiving monetary compensation for their time. Mayor Merrill reported the City Employee Wellness Benefit Golf Tournament took place last Thursday. Public Hearing: 6:45 P.M. A. Ordinance 1218 Vacating Princeton Ct – Keith Davidson Mayor Merrill explained the public hearing process and some of the benefits of vacating a city street. The property owner will assume the responsibility of maintaining the street. City staff reviewed the property owner’s request to vacate the street and did not foresee any benefits of keeping the street. Mayor Merrill opened the Public Hearing. Public Testimony in favor of the proposal (5-minute limit): Ryan Durant said he is representing the property owner Devin Durant, his father. Devin Durant currently owns the apartment complexes on both sides of the street and agrees to take responsibility for maintaining the street. There is a parking lot at the end of the road that is already maintained by the owner. Mayor Merrill asked if the street could be sold to the property owner for market value. Public Works Director Davidson explained because the street was part of a subdivision. The city did not purchase the street; therefore, the city can only vacate the street and cannot sell the street. Public Testimony neutral to the proposal (5-minute limit): NONE Public Testimony opposed to the proposal (5-minute limit): NONE Mayor Merrill closed the Public Hearing. Council Member Flora asked if there was input from neighboring properties expressing any concerns with vacating the street. Mayor Merrill said city staff did not receive input from the other property owners. Council Member Busby expressed concerns regarding the city service lines running under the street the city is considering vacating. City Attorney Zollinger explained the city will retain an easement and the property owner will be required to develop around the service lines or coordinate with the city’s Public Works Department to relocate the service lines. ORDINANCE NO. 1218 Vacation of Street Named Princeton Ct in the City of Rexburg, Madison County, Idaho AN ORDINANCE VACATING AND ABANDONING THE RIGHT-OF-WAY ON PRINCETON CT BETWEEN SOUTH 1ST EAST AND SOUTH 2ND EAST IN THE CITY OF REXBURG, IDAHO, AND DIRECTING THAT THE VACATED PROPERTY BE CONVEYED TO THE ADJOINING PROPERTY OWNERS BE IT ORDAINED BY the City of Rexburg, Idaho: SECTION I: That the following street Right-of-Way shown on the following map for Princeton Ct between South 1st East and South 2nd East of the City of Rexburg, Idaho, to wit: Is hereby vacated, closed and discontinued for the exclusive use of the owners of the adjacent real estate as provided by the statutes of the State of Idaho and allowing the City of Rexburg to maintain current and future utility easements in the abandoned right-of-way. Title to said portion of the street right-of-way so vacated shall revert to the adjoining property owners except for the utility easements in the abandoned right-of-way, and the Mayor and City Clerk are directed to execute to said owners in the name of the City of Rexburg, a Quitclaim Deed to the portion of said street right-of-way so vacated and closed as provided by law. Any and all existing and future easements for public utilities located in the portion of the vacated right-of-way of said street shall remain as public easements and are not vacated. SECTION II: The vacation of such portion of the Right-of-Way of Princeton Ct is deemed expedient for the public good as it will promote the orderly development of said area. SECTION III: This ordinance shall take effect and be in full force and effect from and after its passage, approval and due publication as provided by law. Council President Smith moved to approve Ordinance 1218 Vacating Princeton Ct and consider first read; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried Items for Consideration: NONE Calendared Bills and Tabled Items: A. “LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing Procedure (Recommend Suspension of the Rules): NONE B. Second Reading: Those items which have been first read: NONE 7 C. Third Reading: Those items which have been second read: 1. Ordinance No. 1216 Amend Ordinance No. 1194 Fiscal Year 2019 Appropriation Budget – Matt Nielson Ordinance No. 1216 Amend Ordinance 1194 Fiscal Year 2019 Appropriation Ordinance AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, AMENDING ORDINANCE NO. 1194, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019: APPROPRIATING ADDITIONAL MONIES THAT HAVE BEEN OR ARE TO BE RECEIVED BY THE CITY OF REXBURG, IDAHO, AND BUDGET REDUCTIONS IN THE NET SUM OF $1,825,500 AND PROVIDING AN EFFECTIVE DATE. Be It Ordained By the Mayor and Council of the City Of Rexburg, Idaho: SECTION I. That ordinance No. 1194, the appropriation ordinance for the City of Rexburg, Idaho, for the fiscal year commencing October 1, 2018, and ending September 30, 2019, be and the same is hereby amended as follows: CITY OF REXBURG BUDGET AMENDMENT FISCAL YEAR 2019 SECTION II: This ordinance shall be in full force and effect from and after its passage, approval and publication. Passed by the City Council and approved by the Mayor, the ___ day of ___, 2019. _______________________________ Jerry Merrill, Mayor ATTEST: ______________________________ Deborah Lovejoy, City Clerk 8 Council Member Walker moved to approve Ordinance No. 1216 to Amend Ordinance No. 1194 Fiscal Year 2019 Appropriation Budget and consider third read; Council Member Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried Mayor’s Business: A. Proclamation 2019 – 03 Constitution Week September 17th – 23rd, 2019 Mayor Merrill read Proclamation No. 2019 – 03 to the audience. PROCLAMATION No. 2019 - 03 CONSTITUTION WEEK SEPTEMBER 17TH – 23RD, 2019 WHEREAS, September 17, 2019 marks the two hundred and thirty-second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th through the 23rd as Constitution Week. NOW, THEREFORE, the Mayor and City Council of the City of Rexburg, Idaho, do hereby proclaim September 17th – 23rd as Constitution Week And ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Rexburg to be affixed this 4th day of September of the year of our Lord two thousand nineteen. APPROVED: _____________________________ SEAL Jerry Merrill MAYOR ATTEST: ______________________________ Deborah Lovejoy REXBURG CITY CLERK 9 Council Member Wolfe moved to ratify Proclamation 2019 – 03 Constitution Week September 17th – 23rd, 2019; Council Member Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried B. Dockless Personal Vehicles Operating Agreement Economic Development Director Johnson reviewed the proposed operating agreement for dockless personal vehicles. The agreement is for a six month trial bases. 10 Council Member Busby questioned if there will be charging stations in front of existing businesses. Economic Development Director Johnson replied the vehicles will be charged at night by the business at different locations. The permission need from the private property owners is for storage of the electronic vehicles. Council Member Wolfe questioned the number of businesses interested in the dockless personal vehicles pilot agreement. Economic Development Director Johnson said there are three businesses desiring to start in September. Council Member Busby mentioned Mesa, Arizona is struggling with electronic scooters because the streets have become littered with e-scooters. The e-scooters are also being dismantled and thrown into irrigation canals. He is concerned with smaller children riding the e-scooters. Economic Development Director Johnson indicated these are the concerns city staff has been paying attention to and the reason why city staff is recommending starting with a trial base agreement. Council Member Flora questioned how will the person desiring to operate the e-scooter be made aware of the information on the agreement. Economic Development Director Johnson said at the time the customer is renting the vehicle, there will be an agreement on the app. the customer is using to rent the vehicle. The customer will need to electronically sign they understand and abide the terms of agreement. Council Member Flora asked if the e-scooter business is going to monitor to make sure the customer is complying with the agreement. Economic Development Director Johnson said most of the companies do not monitor and the police may need to monitor. Council Member Flora indicated the fee associated to store the business’s e-scooters that is causing issues should be higher because of the additional time; it’s going to take city personnel time to collect and take the e-scooters to the storage facility. Mayor Merrill said the expectation is that the companies will be responsible enough to follow through with the agreement. This is the reason why city staff is recommending a short term pilot program to determine if the e-scooter businesses are keeping the terms of the agreement. Council President Smith questioned if there are more issues than benefits involving e-scooters. Why should the city allow them to operate in the city? Economic Development Director Johnson said even though e-scooter companies have been around for some time, the concept is still new. The city needs to be able to address the benefits and issues of allowing e-scooters to operate in the city. Council Member Mann said he has great respect for our community. He doesn’t believe the city will experience the same issues other cities are experiencing with allowing e-scooters. He can visualize a livelier downtown with people using the e-scooters to go from one shop to another. The e-scooters are not only used for transportation they can be used for recreation and are environmentally beneficial. Council Member Flora said one of her main concerns is the operator skipping over and not complying with the operational agreement. She is in favor of the six month trial period. Economic Development Director Johnson said he visited with the businesses that may be affected by the e-scooters as an advance warning. 11 Mayor Merrill mentioned BYU-Idaho will be holding events and have some displays on Constitution Day, September 17th. He encouraged everyone to go view the NASA Apollo Exhibit at the Legacy Flight Museum. Consent Calendar: The consent calendar includes items which require formal City Council action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items. A. Minutes from August 21, 2019 meeting B. Approve the City of Rexburg Bills C. Approve 2020 Beer and Wine Licenses Council Member Busby moved to approve the Consent Calendar containing the minutes, city bills and contingent upon Madison County approval the 2020 Beer and Wine Licenses; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried Adjournment 7:25 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk