February 3, 2022 – Council Minutes

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The Mayor Datwyler called the meeting to order at 7:00 pm Thursday, Feb 3, 2022.   The pledge of allegiance was given by Roarke Burke and the prayer given Mike Wilder.      

The mayor asked the clerk to call the roll:

Councilman D Burke   Present   

Councilman Orme   Present

Councilman R. Burke      Present   

Councilwoman Harrison  Present  

Councilwoman King  Absent 

Also present:  Mitch Bradley – Robin Dunn

Public Comment:


1st Reading Ordinance – 2022-626 Annexation:

Councilwoman Harrison moved to read the ordinance in title and summary only seconded by Councilman Orme.

The mayor reads the summary and title of Ordinance #2022-626.

Change Order LID #10:

Mitch Bradley reviewed the proposed change order that the city received from Avail Const. for additional work they performed on LID #10. The total proposed addition to the change order totaled $31,045.  Mr. Bradley stated Avail had taken some water fittings from the city which had not been subtracted or adjusted in the change order.  He therefore requested the change order be tabled pending the adjustment.

Councilwoman Harrison moved to table the change order seconded by Councilman D Burke. 

The mayor called for a voice poll:  all in favor none opposed.

Rigby Lake Dr Water Line Extension:

Mitch Bradley stated he had a meeting with the developer along Rigby Lake Drive who expressed his intent to seek annexation and would participate in the shared cost of the water line on Rigby Lake Drive and Kent Hansen will also participate in extending the water line.  The had signed a contract with Keller’s on Nov 22, 2021 for $27,225 but had requested they only do the survey pending acceptance from the two individuals involved.  Being the city has received their consent the city needs to proceed with the balance of the contract.

Councilman D Burke moved to   proceed with the remaining work on the engineering fee for the Rigby Lake Dr. seconded by Councilman Wilder.

The mayor called for a voice poll:  all in favor none opposed.

Wastewater treatment Plant Expansion:

Marv Fielding representing Keller Engineering reviewed the four alternatives being considered for the upgrade and overhaul of the wastewater treatment plant (WWTP).  The four proposals range in construction cost from $13.6 million to $23 million.  He provided a spread sheet recapping the annual increases in operating costs under the 4 alternatives as follows:

O&M ITEMNUVODA OnlyUSDA With Ox DitchUSDA/DEQ w/ Ox DitchUSDA/DEQ w/ Ox Ditch & Headworks
Electricity                 13,000           17,000             17,000                    19,000
Parts                    8,000           12,000             12,000                    15,000
Personnel                 23,000           36,000             36,000                    39,000
Total                 44,000           65,000             65,000                    73,000

He provided an analysis of increased costs including new debt which would raise the user fee for sewer revenue and sewer bond an additional amount ranging from $36.45 per month/user to $56.65 per month/user.   Included in his presentation was a timeline of when the project needed to be submitted to DEQ for review approval, bid dates with final completion estimated to be July 1, 2024.  Included in his analysis was an estimate and strictly an estimate of amount of “loan forgiveness” that the city may receive.  Based on a conversation he had with Maryanna Peavy, DEQ’s grants and loan bureau chief the governor his budget $300 million from the ARPA act to fund water and sewer projects in the state.  Ms. Peavy mentioned DEQ had received funding requests totaling $1.4 billion out of the $300 million.  His estimate of loan forgiveness based on prior experience ranged from $3.4 million to $4.892 million. 

Council discussion:  Asked if the current NOVADA system was meeting the DEQ’s limit on ammonia during this cold spell:  Yes coming in at near zero.  Asked about using the single ox ditch and how it was performing:  the load level has been doubled and with the second ditch the load could be tripled with the ammonia levels could get the city to 2040 before issues are projected to come up.   Mentioned the total fee for the residents would need to add $40 per month to the amount provided by Keller.   Cost of personnel should be higher with a new hire:  Hire is only half time @ $25/hour and includes $12,000 in added testing expense.  Summary of new costs does not include total cost of construction with engineering fees added back to cost of construction which would increase the costs as shown on the four alternatives.  Keller will work to coordinate the figures as discussed between the clerk and Keller’s. 

Sugar Mill Subdivision:

Mitch Bradley updated the council on the issue with the curb and gutter.  The wrong gutter was installed which even though spec’d to be a Type 3 Vertical curb a Type 3 curb was installed.  The difference between the two is the degree of slop from the edge of the road to the back of the curb.  The Type 3 Vertical has a 1.25 inch rise on the front versus a flat rise on the Type 3 curb.  Mr. Bradley has recommended changes that he would accept which the developer has complied with but for the extended warranty on the road.  Mr. Bradley is requesting a cash performance bond to warranty the road for 5 years.  The company is resisting the cash performance bond.  No action at this time he just wanted to keep the council abreast of the situation.

Nomination to Urban Renewal Board:

Mayor Datwyler stated he had interviewed Jason Averill and discussed with him his vision for the urban renewal agency.  After the interview the mayor felt he would be an excellent person to fill the vacant seat on the urban renewal board. Councilman D Burke concurred.

Councilman D Burke moved to accept the nomination of Jason Averill to the urban renewal board seconded by Councilwoman Harrison. 

The mayor called for a voice poll:  all in favor none opposed.

Police Update:

Sargent Scott updated the council on the following items:

  • John Kraining hired as new officer beginning Feb 7, 2022
  • Officer Parkinson began POST training

Review and Approval of Minutes:

Councilwoman Harrison moved to approve the minutes of Jan 20, 2022 seconded by Councilman Wilder.

The mayor called for a voice poll:  all in favor none opposed with Councilman D Burke abstaining.

Review and Approval of Bills:

Councilman D Burke moved to approve the bills for payment seconded by Councilman Orme.

The mayor asked the clerk to poll the council:

Councilman D Burke   Yes  

Councilman Orme   Yes

Councilman R. Burke      Yes   

Councilwoman Harrison  Yes

Executive Session:

The mayor indicated he would like an executive session to update the council on pending legal issues.

Councilwoman Harrison moved that the council enter into executive session per Idaho Code 74-206(f) – to communicate with legal counsel to discuss pending litigation motion seconded by Councilman Wilder.

The mayor asked the clerk to poll the council:

Councilman D Burke   Yes  

Councilman Orme   Yes

Councilman R. Burke      Yes   

Councilwoman Harrison  Yes

Council enters executive session: 8:21pm

Council exits executive session: 9:08 pm


Councilman Wilder moved to adjourn seconded by Councilman D Burke.

The mayor called for a voice poll:  all in favor none opposed.

City of Rigby


    Richard Datwyler, Mayor



 David Swager, Clerk

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