June 17, 2021 – Council Minutes

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Regular Meeting:

The Mayor called the meeting to order at 7:00 pm Thursday, June 17, 2021.   The pledge of allegiance was given by Nicole Weight and the prayer given Richard Datwyler.    

The Chair asked the clerk to call the roll:

Councilman D Burke   Present   

Councilwoman King  Present

Councilman Datwyler  Present

Councilwoman Weight  Present  

Councilwoman Harrison  Absent 

Councilman R. Burke      Arrived:  7:28PM  

Also present: Chief Tower, attorney Dunn, Mitch Bradley

Amend Agenda:

The mayor asked if the agenda could be amended to allow for a nomination to the planning/zoning board.

Councilman Datwyler moved to amend the agenda to allow for the nomination to the planning/zoning board seconded by Councilwoman King. 

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

Public Hearing:  Annexation with zone change:

Kirk Rowland representing the owners came forward and reviewed the application that was approved by the planning/zoning commission for annexation of 60 acres with R-1 and R-2 housing with a PUD development.  He discussed the access road off  3800 East and where the subdivision will tie into the Cedar Meadows subdivision.  Turn lanes will be constructed on 3800 East.  The development will have 134 single family homes with 64 R-2 units being developed as a PUD. 

The mayor asked about the subdivision abutting the Cedar Meadows development on the east side of the property where twinhomes will be built. 

Councilman Datwyler asked about the open space contained in the PUD development.  Rowland indicated the PUD contains 6 acres ofwhich 3 will be open/green space. 

Public Comment:

Ryan Day:  Is neutral on the development but wants smart growth.  He also expressed concern with the road crossing the canal that the grade is made appropriate with enough freeboard between high water and the low part of the bridge decking.  He also did not want construction trucks using the roads in the Cedar Subdivision.  He also was resistant in allowing the twinhomes being constructed and becoming rental units as opposed to owner occupied.

Heather Thompson:  Is one of the owners of S&H Development.  They have worked with the city on getting this development to meet city code.  Feel they and the city have worked well together.  She agrees that during construction the truck traffic should use the county roads and not run through the subdivision.  They are building high end townhouses which should preclude them being turned into rental units.

Being no other person wished to speak: the mayor closed public comment.

Rebuttal:  Kirk Rowland:  they have been in discussion with the Rigby Canal board regarding free board space under the bridge; the canal company is requesting 18 inches of free board and not the standard 12 inches.  The road grades will comply with city standards when the time comes.

Council Discussion:

Councilwoman Weight moved to accept the annexation with zones (R-1 and R-2) as recommended by the planning/zoning commission seconded by Councilman Datwyler. 

The mayor called for a roll call poll:

Councilman D Burke   Yes    

Councilwoman King  Yes

Councilman Datwyler  Yes

Councilwoman Weight  Yes  

Discussion on site plan:  It was noted the published hearing called for hearing on the site plan in addition to the annexation and zone.  Being it was not on the agenda per se, the mayor opened the public hearing comment to the site plan.

Ryan Day:  He stated the need to have the roads and sidewalks meet city code with the sidewalks tying into existing subdivisions.

Rebuttal:  Kirk Rowland stated the sidewalks will be built according the ISPWC standards. 

Councilman R. Burke enter meeting:  7:28PM  

Councilman Datwyler moved to approve the site plan for the S&H Subdivision as platted with PUD and minimum of 18 inches of freeboard between high water mark and bottom of bridge decking seconded by Councilman D Burke.

The mayor called for a roll call poll:

Councilman D Burke   Yes    

Councilwoman King  Yes, with thanks to Ione Hansen

Councilman Datwyler  Yes

Councilwoman Weight  Yes  

Councilman R Burke   Abstained.

Public Comment:

William Peterson:  Concerning the facebook comment on employees pay increase: is opposed to the 10% as mentioned.  Being on social security he only received a 1.6% increase.

 Brian Junke: Opposed to the 10% pay increase.  Feels the subdivision needs a traffic study done on it.

Dennis Glenn: Opposed to pay increase.  Reminded the council they were elected to represents the citizens and not the employees. 

Kimber Tower:  Not the council job to take over the budget process.  Council approves the budget not to make the budget.

Chris Teague: As a city police officer certificates earned are not being recognized as promised when hired.  He refuted some of the comments posted by the mayor on his facebook page. 

Mike Wilder:   Felt any pay increase should be merit based not a flat percentage increase.

Jake Hannabach: As a city police officer he has yet to receive the incentives as told when he was hired. 

Rebuttal by mayor:  The mayor responding to the police pay he recapped various officers salary increases over the past 4 years.  Citing as one an increase of 16.47%; 7.95% and 5.7%.  As cited the earnings of a 1st year officer was just under $45,000 which includes grants which no other employee can achieve. 

No decision. 

Surplus Police Equipment:

Chief Tower commented he has on order 3 new police cars and when they arrive he would like to surplus 4 of the oldest police cars; list of such vehicles not provided.

Councilman Datwyler move surplus the 4 police cars after the arrival of the new cars.  Seconded by Councilwoman King.  

The mayor called for a roll call poll:

Councilman D Burke   Yes    

Councilwoman King  Yes

Councilman Datwyler  Yes

Councilwoman Weight  Yes  

Councilman R Burke   Yes

Police Incentive Grant:

Tower stated that Officer Buono had worked a grant for $10,400 which is in part an inhouse match for 25%. 

Councilman Datwyler moved to approve and authorize the grant for $10,400 seconded by Councilwoman King.

The mayor called for a roll call poll:

Councilman D Burke   Yes    

Councilwoman King  Yes

Councilman Datwyler  Yes

Councilwoman Weight  Yes  

Councilman R Burke   Yes

Alternative Contract for Peer Review of WWTP Project:

In response to a question if the attorney had reviewed the amended contract from HLE he responded it was still being worked on.  Item tabled.

Amendment to Keller’s WWTP Contract:

Marvin Fielding from Keller’s Eng came forward and stated the amended contract for the upgrade of the WWTP plant had been corrected with the removal of the engineering fees for the headworks upgrade.  Amended contact before the council is an amendment to include two ox ditches for an additional $1.196 million.  Mr. Fielding in response to a question from Councilman Datwyler about when the bidding process would begin, he responded that the bids would not be ready or let until 2022 or later. 

Councilwoman King moved to approve the amended contract to Keller for $1.196 million seconded by Councilman D Burke. 

The mayor called for a roll call poll:

Councilman D Burke   Yes    

Councilwoman King  Yes

Councilman Datwyler  Yes

Councilwoman Weight  Yes  

Councilman R Burke   Yes

Critical Parts for WWTP Plant:

Scott Humphreys from the WWTP plant said the cavity pump is going out and needs to be replaced.  He received two bids:

 Ambiente   $19,745

 Aquapro   $18,657

Both of the pumps are the same type and quality.

Councilman Datwyler moved to award the bid to Aquapro for $18,657.50 plus freight seconded by Councilwoman King.

The mayor called for a roll call poll:

Councilman D Burke   Yes    

Councilwoman King  Yes

Councilman Datwyler  Yes

Councilwoman Weight  Yes  

Councilman R Burke   Yes

Fireworks Permits:

The following vendors have applied for a firework permit for the selling of fireworks during the 4th July:

 Paul Bradley  247 Farnsworth

 Broulims  150 N State

 Bryon Brusman  409 Farnsworth

Rick Barton   150 N State

David Weaver  735 Rigby Lake Drive

Tanys Searly   289 E 1st North

Councilwoman Weight moved to approve the above fireworks licenses for the 2021 4th July event seconded by Councilwoman King. 

The mayor called for a roll call poll:

Councilman D Burke   Yes    

Councilwoman King  Yes

Councilman Datwyler  Yes

Councilwoman Weight  Yes  

Councilman R Burke   Yes

Nomination Planning/Zoning Board:

The mayor nominated Aaron Belk to serve on the Rigby Planning/Zoning board as the member living and residing in the impact zone but not in the city.  Mr. Belk had been on the p/z board while he lived in the city but resigned when he moved out of the city. 

Councilwoman Weight moved to approve the nomination of Aaron Belk to the city’s planning/zoning board as the member representing the impact area of the city seconded by Councilman Datwyler. 

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

Employee Pay Increase:

Councilman D Burke:  Council reviews the budget but does not take over the budget process from the dept heads.

Councilwoman Weight:  Dept heads brings their request to the council for review and consideration.  She is opposed to even a 5% pay increase pay increases should be merit based.

Councilman D Burke:  Feels the police should be given rank and a cost of living not either or. 

Councilwoman King:   Feels the police should be given rank advancement plus cost of living of 5%.

Other Council Discussion:

Councilwoman King said she had talked with Eagle Rock Sanitation and they will be providing a cardboard container at no fee for the city.  It will be housed alongside of the grass bin. 

Review & Approval of Minutes:

June 3, 2021: Councilman Datwyler moved to approve the minutes of June 3, 2021 seconded by Councilman D Burke. 

The mayor called for a voice poll:  all in favor none opposed with Councilmember R Burke and Weight abstaining. 

June 9, 2021: Councilman Datwyler moved to approve the minutes of June 9, 2021 seconded by Councilwoman King.   

The mayor called for a voice poll:  all in favor none opposed with Councilmember R Burke and Weight abstaining. 

Cancel Council Meeting August 19:

The mayor indicated both he and Council President Datwyler will be out of town on August 19 and he would like to cancel the Aug 19 meeting and reschedule it to August 26. 

Councilman Datwyler moved to cancel the council meeting of August 19 and reschedule to August 26 seconded by Councilwoman Weight.

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

The mayor indicated that there will be a review of the appointed positions Aug 5, 2021. 

Review and Approval of Bills:

The clerk indicated there was a late check that needed to be paid to Diamond H Rodeo for $12,200 for the rodeo this weekend. 

Councilman Datwyler moved to approve the bill including the bill for Diamond H Rodeo for $12,200 seconded by Councilwoman King.

The mayor called for a roll call poll:

Councilman D Burke   Yes    

Councilwoman King  Yes

Councilman Datwyler  Yes

Councilwoman Weight  Yes  

Councilman R Burke   Yes

Adjournment:

Councilwoman Weight moved to adjourn seconded by Councilman Datwyler.

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

Meeting adjourned: 9:08 pm

CITY OF RIGBY

    _____________________________

    Jason Richardson, Mayor

ATTEST:

 ______________________

 David Swager, Clerk

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