HomeMy WebLinkAbout2001.09.05 CITY COUNCIL MINUTES
MINUTES OF THE CITY COUNCIL MEETING
September 5, 2001
7:30 p.m.
STATE OF IDAHO)
County of Madison)SS
City of Rexburg)
Present were the following:
Mayor:Bruce Sutherland
Council Members:Glen Pond
Kay Beck
Nyle Fullmer
Paul Pugmire
Marsha Bjornn
Donna Benfield
Finance Officer:Richard Horner
P.F.C.John Millar
City Attorney:Stephen Zollinger
Excused:Marilyn Wasden, City Clerk
Minutes:Janet Williamson
Pledge to the flag.
Marsha made a motion to approve the minutes of August 15, 2001. Kay seconded the motion.
All voted aye.
Resolution No. 2001-04 - Appointment of Election Polling Places and Election Judges
Mayor Sutherland read Resolution No. 2001-04 - Appointment of Election Polling Places and
Election Judges. Marsha wanted to emphasize to the public that the time was Noon to 8:00 p.m.
not 8:00 a.m. to 8:00 p.m. Kay moved to accept Resolution No. 2001-04, Glen seconded the
motion, all voted aye, none opposed.
Fall Clean-up
The fall clean-up schedule was discussion. Nyle made a motion to run Fall Clean Up from
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October 1 to November 9, motion seconded by Kay, all voted aye, none opposed.
Final Plat Review on Hawkins Properties for Jenks Properties
Stan Rawlings - 2865 W. 600 S., Logan, Utah - Representing Jenks Properties, discussed the
project.
John Millar explained the first phase is the southern portion of the Hawkins Property. The final
plat does not deviate from the preliminary plat other than it breaks some of the larger lots into
smaller lots. What is anticipated is that these 1 and 2 acre lots will be sold to developers for 4
plexes or higher density. There is an area north of the drainage plot which will be a single family
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residential area, this will include the realignment of 7 South. Seventh South to the Stake Center
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will remain 7 South. Marsha suggested the new street be named Boyle Drive.
Kay moved to approve the plat on the recommendation of Planning & Zoning, Donna seconded
the motion. All voted aye, none opposed.
Public Concerts
Nyle wanted to note that we have always required people to come before the Council and make
official requests to have outdoor concerts on public property and the dance/concert at the college
on Monday night was out of hand. He checked with dispatch and they had between 20 and 30
complaints over a period of time about the noise level and he feels we need to make specific
direction to the college.
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Public Hearing for Amended 2001 Budget Hearing, Ordinance 860
Richard gave a copy of the ordinance amending the 2001 budget to each of the Council Members
and explained it was for the North Highway project and airport property purchase. These were
mostly funded by a grant.
The Mayor opened the hearing to public comment. No comment. Closed hearing to comment.
ORDINANCE 860 - AN ORDINANCE OF THE CITY OF REXBURG, IDAHO,
AMENDING ORDINANCE NO. 860, THE APPROPRIATION ORDINANCE FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER
30, 2001: APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED
BY THE CITY OF REXBURG, IDAHO, IN THE SUM OF $774,800 AND
PROVIDING AN EFFECTIVE DATE.
A motion was made by Glen Pond and seconded by Marsha Bjornn that the rules requiring an
ordinance of a general and permanent nature to be read on three occasions be dispensed with and
that said ordinance be numbered 830. Those voting aye:
Nyle FullmerKay Beck
Glen PondMarsha Bjornn
Donna BenfieldPaul Pugmire
Those voting nay: none.
Ordinance 860 was then placed before the Council. The Mayor called for the voting for final
passage of the ordinance. Nyle Fullmer made a motion to pass Ordinance 860, motion was
seconded by Kay Beck.
Those voting aye:Paul PugmireDonna Benfield
Marsha BjornnGlen Pond
Kay BeckNyle Fullmer
Those voting nay:None
Introduction of scouts.
John Millar stated bids were received for a new sand shed that will go over the bins purchased
with part of the Louisiana Pacific Property. Both bidders met the requirements for the bid, Teton
West was the low bid at $29,100.00. Nyle moved to accept the bid from Teton West, Marsha
seconded the motion. All voted aye, none opposed.
Cable One Property
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The building at 5 South and 2 East, leased by Cable One has been there for many years under
some undocumented arrangement. Because it is on the property where the City’s million gallon
water tank is, we wanted to maintain control of it. The Engineering Department would like to
recommend that we lease Cable One that site and develop a written documented lease. Nyle
moved that we negotiate a lease with Cable One for that property. Kay seconded the motion, all
voted aye, none opposed.
Public Hearing for 2002 Budget and Sewer Rate Increase.
Richard made copies of the budget available to the Council and the public. He then reviewed the
budget and answered questions.
The Mayor opened the hearing to public comment.
Mitch Niebaur - 3685 W. Hwy 33
Mitch asked Richard to outline significant changes. Richard stated some changes were hiring new
people including one new police officer this October and one new wastewater treatment person,
moving a person from half time to full time to help in the Building Inspection Department.
Another area of big changes for next year are capital projects, money to extend some water and
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wastewater lines west, south and under the freeway and a new water tank and well connected to
the system.
Doug Stutz - 162 K Street
Doug asked Richard to explain LID 32. Richard said it includes some street construction, some
utility reconstruction, sidewalks and curbs and gutter.
Paul Lafollette - 106 Birch Ave
Paul asked where the salaries for the Mayor and Council come from. The Mayor stated it was
under the legislative.
Brad Smith - 262 Cornell
Brad asked about the $56,000 increase in revenue in recreation and also the related expenditure.
Richard explained that the Council tentatively placed in the budget $40,000 for preliminary design
and cost estimates for a recreation facility if we came to that point. It is in the forecast, it wasn’t
in the budget, it would be taken out of contingency that came from the General Fund. We also
spent $6-7,000 for a facilitator in providing the public meetings.
Kay said that the $40,000 was not a voted item by the Council.
Blair Manwaring - 920 Hillview
Blair asked when was it decided to let police officers drive police cars to and from their homes
and the reasoning behind it. Mayor Sutherland said it was decided about 7 years ago. Richard
explained that there were several reasons:
1) provide the officer with “on call” ability,
2) they are deputized by the county to help in the county,
3) the cars are better taken care of - there is better accountability,
4) cars in front of a residence creates a presence that deters unwanted behavior.
Stephen pointed out that those who drive their cars outside of city limits are charged milage.
They have a payroll deduction that off sets the mileage.
Randall Porter - Box 401
Randall asked if there was anything in the budget for animal control. Richard said it was covered
in the police budget.
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Dallas Raty - 5 E. 2 South
Dallas said they have done a nice job comparing property taxes with other cities but one of the
biggest taxes is utilities and wondered how we compare. Richard said we are about average.
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Bob Lameraux - 108 S. 3 West
Bob asked what the numbers on the property taxes would look like if the student population were
counted out of it. Richard said if you compared it with cities that do not have a student
population it would probably make a difference.
Gary Lovell - 473 Morgan Dr.
Gary asked if this population was based on a census. It was answered that this was based on the
census for April 2000.
Steve McGary - 915 Hillview
Steve asked if property taxes from WalMart come into the City. Yes they do. He asked if we
could have city sales taxes. Rep. Todd Hammond said it is not on the agenda for the legislation at
this time.
Mayor Sutherland closed the hearing to public comment.
Richard answered some clarification questions from the Council.
Wastewater Rate Increase
Richard explained this rate increase is necessary for several reasons. The Wastewater Treatment
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facility needs to hire another person. Another big part of this is we are using a lot more utilities
and the cost on these has gone up, the Intermountain Gas bill tripled. Energy costs across the
board have sky rocketed. Fuel costs have gone up, there is also inflation. Because of tightening
of EPA regulations we are doing more testing and chemical treatment.
Overall, on the average home the city utility bill will probably increase 3-4%. It will be about
$1.60 per month on an average home. On a larger home, twice the usage, or a small business it
will go up about $3.15.
The mayor opened the meeting to public comment.
Richard explained overhead transfers.
There were no comments, the Mayor closed the hearing to public comment.
Mayor Sutherland said there was a letter submitted by J.D. Hancock that the Council has
reviewed.
Discussion concerning Teton and Sugar City charges.
Paul thanked Richard for the fine work he does for the City.
Donna moved that they approve the budget, seconded by Nyle. All voted aye, none opposed.
ORDINANCE 861 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION
ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR
OCTOBER 1, 2001 TO SEPTEMBER 30, 2002, AND APPROPRIATING TO THE
SEVERAL DEPARTMENTS, OFFICES AND FUNDS OF THE SAID CITY
GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR
SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE
NECESSARY OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL
TO DEFRAY THE EXPENSES AND LIABILITIES OF SAID CITY FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2002; AND PROVIDING FOR THE
EFFECTIVE DATE OF ORDINANCE.
A motion was made by Nyle Fullmer and seconded by Kay Beck that the rules requiring an
ordinance of a general and permanent nature to be read on three occasions be dispensed with and
that said ordinance be numbered 861.
Those voting aye:Paul PugmireGlen Pond
Donna BenfieldKay Beck
Marsha BjornnNyle Fullmer
Those voting nay:None
Ordinance 861 was then placed before the Council. The Mayor then called for the voting for final
passage of the ordinance, and the motion was made by Nyle Fullmer and seconded by Kay Beck
that Ordinance 861 be passed.
Those voting aye:Nyle FullmerMarsha Bjornn
Kay BeckDonna Benfield
Glen PondPaul Pugmire
Those voting nay:None
Glen moved to approve Resolution # 2001-05 raising wastewater rates. Nyle seconded the
motion, all voted aye, none opposed.
Citizens’ Committee for Salary Increases
Mark Nygren reported on the meeting of the Citizen’s Committee that was appointed to review
and make recommendations on the Mayor and City Council pay increases. They reviewed the
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responsibilities and time comment required for these positions as well as interviewed the Mayor
and two Council Members. They also reviewed relevant data from 20 other cities in Idaho
detailing what they are spending to compensate both the Mayor and City Council. They started
with many of their own individual ideas and perceptions and ended up unanimous in their
proposal.
(Handout) Summarized: Committee recommended for the Mayor the increase in compensation of
$20,400.00 be phased in with a $10,200.00 increase in January 2002, and the remaining
$10,200.00 in January 2004. For the Council, they felt that their annual salaries should be phased
in to $6,000 as soon as is practicable over the next few years, with at least a $600 increase
effective January, 2002. They recommended an annual adjustment of $600.00 over four years
(2003-2004) with consideration for cost of living adjustments thereafter.
Mark said they looked strictly at the positions. It is factored into the budget and they are doing
the work right now but they recommended phasing the increase because of public perception.
Richard suggested that a job description be publized at election time to educate the public on the
responsibilities, time and effort that goes into these positions.
It was asked that more information be in the paper and on the news but it was also pointed out
that many times the paper does report and ask for public comment and the public does not
respond.
Stephen said that the way the statue is written they could not legally phase in the pay increase.
Salary increases can only be given in an election year.
ORDINANCE 858 - AN ORDINANCE AMENDING SECTION I OF ORDINANCE
NO. 798A INCREASING THE SALARY OF THE MAYOR OF THE CITY OF
REXBURG, TO COMMENCE JANUARY 1, 2002.
Ordinance 858 was placed before the Council. The Mayor then called for the voting for final
passage of the ordinance and the motion was made by Glen Pond and seconded by Nyle Fullmer
that Ordinance 858 be passed.
Those voting aye:Paul PugmireGlen Pond
Donna BenfieldKay Beck
Marsha BjornnNyle Fullmer
Those voting nay:None
Glen moved to approve Ordinance 858 as written. Nyle seconded the motion.
Those voting aye:Paul Pugmire Donna Benfield
Marsha BjornnGlen Pond
Kay BeckNyle Fullmer
None opposed.
Ordinance 859 Council Salary - third reading
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Paul asked Stephen what mechanisms were available to follow the Committee’s recommendation.
Stephen stated they were free to follow the Committee’s recommendation but it would be
challenged next year. You can only vote a Council salary increase in an election year.
It was clarified that the committee meant $600 per election cycle.
Glen commented that when he started serving on the Council it was for public service. When he
started, the community was quite a bit smaller and he feels the responsibilities were equal at that
time as they are now. He looks at the way the City has grown, at the Department Heads and the
functions they perform, with the Council as advisory persons to those strong Department Heads,
he wouldn’t be in a position to approve the Council salary increase
Mark wanted to emphasize with the statistics across the board that Rexburg is definitely lower
then almost any City its size in the State of Idaho. The Committee was concerned about doubling
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the salary over night but did feel the Council deserved a raise.
Kay, once again, pointed out that there were 4 of them that did not know they were paid when
they ran for Council.
Sheri Smith felt that until you get into a job you don’t know what is expected of you.
Donna commented that she is the junior Council Member. She did know that they were paid.
She investigated and tried to make an educated decision when she ran for City Council. She feels
that her time is worth something and she has been given 2 departments - Planning and Zoning,
Parks and Recreation - she works hard and puts in a lot of time. She does not want to approach
this job like it is a hobby. She gives 110 per cent. That is the way this position should be looked
at.
Nyle felt they are all willing to serve but they need to learn to be competitive. There should be
just compensation for the position.
Mark wanted to say again, from the citizens perspective as they reviewed this - coming in, their
recommendation initially was that there should be no increase, this is primarily a public servant
position. As they looked at some of the issues that have been raised, the City is going to
continue to grow, there are going to be some additional responsibilities, the fact that we have not
had very many candidates run for some of the positions, and taking all those factors into
consideration, they felt it would be a slap in the face to keep our Council one of the lowest paid
Councils in the state and not show some sign of appreciation for what they do.
Paul felt there were equally valued points on each side of the issue. He appreciates the work the
Citizens Committee put forward.
ORDINANCE 859 - AN ORDINANCE AMENDING SECTION I OF ORDINANCE
NO. 820 INCREASING THE SALARY OF THE COUNCIL MEMBERS OF THE
CITY OF REXBURG, TO COMMENCE JANUARY 1, 2002.
Paul Pugmire made a motion for a $600 increase for Council Members beginning January 1, 2002
as an amendment to the third reading of Ordinance 859. Nyle seconded the motion.
Those voting aye:Paul Pugmire
Marsha Bjornn
Donna Benfield
Nyle Fullmer
Those voting nay:Kay Beck
Glen Pond
Dama’s Dog Foundation
Dama Wirries of Dama’s Dog Foundation gave the Council a handout of their long term goals
and explained their program. They have a “no kill” policy mostly in terms of dogs. They don’t
have the same policy for cats because they don’t have a long term care facility for cats.
They have 3000 acres of donated land in Gabbs, Nevada they can use for the dogs. She has the
right to develop that land and a percentage of that money will go to the dog foundation. We will
be able to get some money here for the foundation.
Madison County has donated 10 acres by their land fill. They will be able to develop this into
their long term care facility rather than use Osgood which is 30 miles away.
(Explanation and discussion of handout)
Dama asked the Council for permission to charge up to $25 for each animal brought in to help
with shots, etc. Also they would like to ask that Rexburg increase their budget from $1100 to
$6000.
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Nyle made a motion that they increase their help from $1100 to $6000 a year this one time.
Donna seconded the motion. All voted aye.
Nyle moved that they approve charging up to $25 per animal brought in at Dama’s discretion.
Kay seconded the motion. Voting aye were Donna, Marsha, Glen, Kay, Nyle. Voting nay was
Paul.
Recreation Committee
Jill Anderson, 419 Morgan Dr.
Jill introduced the Recreation Committee and went over their handout. The Committee has
specifically researched the Aquatic/Recreation Center over the past 6 months. The information
they have, combined with additional information that Tiny Grant and his committee compiled
over two years ago, indicates there is a large number of members of our community that feel we
need and would support an Aquatic/Recreation Center. They briefly surveyed at random some of
the city. They had 4 specific questions they asked. The results of this survey are in the handout.
There were 4 questions:
1) Do you feel that Rexburg needs some type of city-owned Aquatic/Rec. Center.
92% of those surveyed said yes.
2) Are you in favor of Rexburg City budgeting funds for architectural concepts and plans
to further educate the public.
87% of the people polled said yes
3) If an Aquatic/Recreation cost the average homeowner $6-10 per month for 20 years,
could you support such a project.
78% said yes.
4) Could you support if that figure came in less.
90% said yes.
All comments are also included with the results.
Stephen McGary addressed the demand and supply side of the need for a multi-purpose recreation
center. His comments are part of the hand out.
Steve Schwab showed and reviewed a video of 4 facilities the Committee visited in the Salt Lake
City, Utah area and the findings are part of the hand out.
Connie Dunn pointed out that at all the facilities they visited all said that a building facilitator
should be hired and in place before you start building the building to watch over all of the
construction
Brad Smith summarized: they reviewed previous findings, visited recreation centers in the area,
felt there was going to be growth in the community, formed their own survey, tried to target those
not interested, and found that most were in favor.
As a committee they feel the community would support spending the $40,000 for design plans and
would charge the Council to put up the funds to provide for the study and take it to the
community.
John Millar explained that the $40,000 would be for a preliminary design study to develop what
you would have - a meaningful layout with costs, maintenance and operating costs and aids in
informing the public.
Kay wanted to put it on the ballot now for the public to decide before spending $40,000.
Steve McGary pointed out that the Council had just approved $6,000 for the dog foundation
which amounts to about $12 a dog. If you don’t count the students you have about a 10,000
population and the $40,000 would be about $4 a person.
The committee members said this has been before the public. All of the meetings with the
facilitators were open to the entire city. The Recreation Committee was formed out of these
meetings and not by the Mayor or City Council and the Recreation Committee meetings have
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been open to the public. They have surveyed the public and the majority have said yes to the
recreation center. Now the Council needs to decide. The next step to take is the preliminary
design study.
Nyle said he would like to look over their material before making a decision.
Marsha stated the Committee has done a very thorough job. When she was campaigning there
was only about 10 out of everyone she talked to that did not support a recreation center. She is in
favor of it but if others feel they need to review it she will make a motion to table it for 2 weeks
contingent on their making a decision in 2 weeks. Nyle seconded the motion, all voted aye, none
opposed.
Student Housing
The Mayor asked Kirk Hibert to talk to the Council about the housing shortage in Rexburg.
Also, BYU Idaho is concerned about housing for married students. If the college builds
apartments for the married students they will go immediately off the tax rolls and we will have the
impact without any supplemental tax to help us deal with the impact.
Kirk Hibert said that in a recent report from Idaho Housing they said there is no market for
housing in Rexburg. This is a problem for housing developers that need state tax credits. To use
HUD and IHFA money they have to prove a market analysis that there is a need here and right
now the latest data says there is no need in Rexburg. Many developers cannot make the married
housing “pencil” because the land prices have made it cost prohibitive. Some of the developers
try for funding from tax credits and IHFA funding find they have criteria that they rate the
applications for these funds. One of the criteria they list is any time they have a project which
utilizes a private grant or other state or federal housing assistance program or something that
would come in from the City as an incentive, they get an extra 10 points on the application.
(Discussion)
The Council felt instead of offering some incentive they should go to Boise and meet with officials
there to emphasize and show there is a need for housing in Rexburg and get the Idaho Housing
report changed.
Nyle moved they go into Executive Session. Marsha seconded the motion. All voted aye.
After reconvening from Executive Session Paul moved to approve the bills. Nyle seconded the
motion. All voted aye.
___________________________________
Bruce Sutherland, Mayor
___________________________________
Janet Williamson
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