HomeMy WebLinkAboutCouncil Minutes - July 15, 2020
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
Council Member Johnson said the prayer.
Council Member Mann led the pledge.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Johnson, Council Member Mann, Council Member Wolfe, Council Member Walker, Council President Busby and Mayor Merrill.
Motion and Order to Amend Agenda – Addition of Executive Session Pursuant to Idaho Code 74-206(1)
(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular
vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (b) To consider the evaluation, dismissal
or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; to Agenda Item 13, add
Resolution No. 2020-12 to Agenda Item 9 A, add item to discuss a city mandate requiring citizens to wear a face mask.
Council Member Johnson moved to approve to Amend the Agenda to include Idaho Code 74-206 (1) (a) To consider hiring a public officer, employee, staff member or individual agent, wherein
the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or
deliberations about staffing needs in general; (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee,
staff member or individual agent, or public school student; to Agenda Item 13, add Resolution No. 2020-12 to Item 9 A add item to discuss a city mandate requiring citizens to wear a
face mask; 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 Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
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.
Scott Galer asked City Council to consider passing an ordinance requiring citizens to wear a face mask in public places. He referenced an editorial published in the Journal of the American
Medical Association by the Centers for Disease Control and Prevention (CDC). The article supports universal mask mandates where physical distancing is difficult such as businesses.
The covering of mouths and noses with filtering material serves two purposes: personal protection against inhalation of harmful pathogens, particulates, and source control to prevent
exposing others. There is ample evidence that persons without symptoms spread infections and may be the critical drivers of the Covid-19 Pandemic. Recent research suggests, cloth face
coverings limit forward dispersion of exhaled respirations with acceptable efficiencies and breathability. The more individuals wear cloth face coverings in public places where they
may be close together the more the entire community is protected. He is requesting City Council to consider passing an ordinance requiring face coverings similar to neighboring states
and cities.
Corey Barnard said the public is aware of the Covid-19 virus and how it is transmitted. As previously stated, cloth face coverings are extremely affective in stopping the spread of the
virus. BYU-Idaho University is resuming optional in-person classes this fall. They are mandating students and staff to wear face masks. He said he applauds BYU-Idaho for imposing a
face covering mandate; however, they cannot impose it outside their jurisdiction. There will be students and their parents coming from all over the country to Rexburg this fall. The
number of Covid-19 cases have risen to 41 in Madison County and seven new confirmed cases as of yesterday. He urged City Council to pass a face mask mandate requiring people to wear
a face mask in public places.
Eric Parker said as a city employee he would like to express his concerns with passing a face mask mandate. He has research in his hand from the Association of American Physician and
Surgeons stating the lack of efficacy face masks have in stopping particles transmitted by a person infected with Covid-19 including the N95 respirator face masks. The cloth face coverings
would be even more inefficient in stopping the spread of Covid-19. He believes if City Council moves forward with a face mask mandate there will be push back from citizens concerned
with their freedoms being protested against. He said social distancing is more effective in stopping the spread of the virus. He is bothered by the idea of being forced into wearing
a face mask because other people are not cooperating with the social distancing guidelines.
Rob Eaton thanked the City Council Members for wearing face masks. He would like to see the schools reopen, keep the businesses open and the economy thriving. He would like the university
students to come back and he would like to go back to church. The bulk of the evidence shared by healthcare experts indicates wearing a face mask helps stop the spread of the virus.
In places like Connecticut, Massachusetts and Taiwan where face masks are mandated have successfully turned the corner of stopping the spread of the virus. He would prefer people to
listen and wear a face mask without a mandate. He said Wal-Mart has started to require people to wear a face mask while shopping; however, he visited his healthcare provider’s office
and their staff was not wearing face masks. There is a misperception regarding the number of Covid-19 cases in Madison County because the numbers are lower than in other counties that
doesn’t mean precautions shouldn’t be followed. The mask mandate needs to be based on the data available from the experts and needs to be implemented before the university student’s
return to campus. He said the apartment complexes are currently at 30% capacity; however, when the students return for the fall semester the estimated capacity is 85%. He is concerned
with the number of students living in one location similar to a cruise ship and without the necessary precautions placed by the city the number of cases will increase.
Annalisa Waite said for 10 days she stayed in complete isolation after being tested for Covid-19. The instructions from her healthcare provider were complete quarantine until the test
results come back. If the test results come back negative you are able to break quarantine. If the test is positive you must remain in quarantine until all symptoms subside and no
fever for at least three consecutive days. She said her Covid-19 test was sent to Utah and was told the results could take anywhere from three to ten days. There are concerns with the
number of university students returning to campus in the fall because they are coming from places where the number of Covid-19 cases are higher than in Rexburg. The virus can be spread
by a person who may not be experiencing any symptoms; however, if a person is experiencing symptoms who is to say they can or will isolate for 10 days.
Annalisa Waite said she understands people have strong feelings about wearing a face mask and that it has become a polarizing political stance to wear one. She also understands not all
of the science is complete on how wearing a face mask helps to not spread the virus. She listed some of the reasons why wearing a face mask helps:
Face masks do not actively spread the virus.
Face masks do not make things worse.
It is a rare situation where a person is unable to wear a face mask.
Face masks help to prevent the spread of the virus
Wearing a face mask is a community service.
Annalisa Waite stated it is an unfortunate position where the government has to consider mandating citizens to wear a face mask. Even though wearing a mask doesn’t protect the person
wearing the mask as much, it does protect the people around the person wearing the mask. When our government, church and civic leaders ask us to wear a face mask they’re asking us to
be conscious of our fellow citizen’s health. Our leaders have asked and pleaded for us to wear a face mask. Some of us see the request of wearing a mask as an infringement of our rights
when it should be an opportunity.
Andrea Radke Moss said the Association of American Physician and Surgeons that Eric Parker mentioned only has 5,000 members and a politicized setting. The association also believes HIV
doesn’t cause Aids, they are anti-vaxders. They believe abortions causes breast cancer and that there is a link between vaccines and autism. She said there are more reliable organizations
such as the CDC, American Medical Association, John Hopkins University and the Mayo Clinic all of which are in support of face mask wearing for public health. Some have sited, the death
rate of Covid-19 cases are decreasing; however, all of the effects of the disease are unknown. There is evidence the virus is causing strokes in healthy young people. She said for the
interest of public health, wise research should be considered to make the best choices for public health.
Trica Galer read a statement by city residents Bryce and Jessica Mecham.
Please consider adopting a mask policy as soon as possible. It has been proven again and again, through a variety of studies, that mask wearing is an effective measure to reduce the
spread of Covid-19. Just yesterday the CDC director, Robert Redfield, said that we could control the spread of this virus in 1-2 months if people would simply wear masks. It has been
sad to see states require mask mandates *after* the virus is spreading out of control. Texas and Alabama have recently issued statewide mask mandates out of self-preservation. Just
today our cases in Idaho went up more than 700 cases. Are we going to wait until people die and our hospitals are overrun before also implementing something that is inevitable anyway?
Other countries have been much more willing to forgo personal comfort and convenience and consequently have a much lower rate of Covid-19 deaths and even cases. They have managed to
flatten the curve. It is sad that such a matter of public health policy has become so politicized, and that people seem to be so cavalier about a virus that is not only much more fatal
than the flu, but is showing to have serious long-term health consequences for even mild cases.
I have personally been avoiding nearly all of Rexburg businesses because I simply do not feel safe. Instead, I drive to Pocatello to Costco or do a pick-up at Sam’s club. I actually
wrote a letter about this to Mayor Merrill about a month ago asking him to encourage businesses to follow Governor Little’s Phased reopening plan. Governor Little has been begging people
to wear masks, as has Eastern Idaho Public Health. The governor’s office released an extensive plan with suggestions for businesses to operate safely. Why won’t we listen to our health
experts and elected officials?
We are not immune to this virus, so let’s stop the spread before we regret it. Do I enjoy wearing a mask? Of course not. But I do care about the health of my neighbors and of the economy.
Please do not listen to extreme voices who think that freedom means doing whatever they want regardless of consequences.
Thank you,
Bryce and Jessica Mecham
Trica Galer said her 86 year old mother living in Ohio shared the following experience over the phone. When her mother was a little girl she lived in England during World War II and
when instructed to grab a gas mask and run to the air raid shelter. No one at that time said “but I feel like my freedom is being violated”. Her mother expressed as a nation we do not
know the strength of solidarity and sacrifice. She added this experience as a personal antidote to consider. Mrs. Galer indicated she is aware of the many opinions City Council will
need to consider before passing a face mask mandate. If the mandate is passed they will offend many residents. She asked City Council to use wise data when deciding to mandate masks.
Matt Miles said his sister a nurse living in Phoenix, Arizona has the Covid-19 virus. The virus is spreading quickly in Arizona. There are studies indicating one in five persons will
have serious medical complications due to the virus and will be hospitalized. He asked how many beds does the hospital have available for patients. City Attorney Zollinger said Madison
Memorial Hospital would have about 80 to 90 beds available. Mr. Miles asked how many ventilators the hospital is equipped
with. City Attorney Zollinger replied he is unsure of the exact number of ventilators the hospital has available. Mr. Miles said the shortage of ventilators in hospitals was the contributing
factor of the many Covid-19 deaths in Italy. The probability of not have a sufficient amount of ventilators to meet the number of Covid-19 patients in Rexburg are unknown; however,
this is the current issue in Houston, Texas. In fact, there are hospitals in Houston that are at capacity and have to turn away patients.
Matt Miles said there will be about 16,000 students returning this fall to attend BYU-Idaho University from all over the county. There could easily be over 100 Covid-19 cases with the
amount of students returning and could overwhelm the hospital. Once a person is intubated due to Covid-19 the survival rate is about 25%. He believes a mandate to requiring people to
wear a face mask is acceptable to prevent the possibility of have a situation where the hospital is at capacity and has to turn away patients. There is also the situation where there
is a shortage of medical personal because they have been infected by the virus and there isn’t personnel to replace them.
Council Member Mann said we need to recognize the Covid-19 Pandemic is a natural disaster and as a city we need to respond to the pandemic as a disaster. He believes a mandate requiring
people to wear a face mask will help stop the spread of the virus. There are benefits such as allowing businesses to remain open, keep healthcare in operation, and create a safe community
by taking precautions to stop the virus from spreading. BYU-Idaho University is going to require their staff and students to wear a face mask. Wal-Mart will also be requiring patrons
to wear a face mask. The enforcement of the face mask mandate can be enforced similar to the seat belt or jay walking laws. He understands it’s difficult to enforce some laws; however,
if the law is passed the business owners will appreciate the mandate in place to be able to continue to open their business to customers. He is in support of a mandatory face mask policy
as soon as it can be drafted by the city attorney and passed by City Council.
Council Member Johnson referred to a news article in East Idaho News stating Idaho Healthcare Leaders are pleading for a statewide face mask mandate. The state reported 700 new Covid-19
cases today and there are 33 active cases in Madison County. She said she agrees with Council Member Mann that a face mask mandate would benefit public health, the economic wellbeing
of the community and allow the students to return to school. There was another news article in the Post Register stating wearing a face mask is one of the conditions of freedom and
ordinary life. If wearing a face mask will control the spread of the virus the government will not have to close businesses causing an economic down turn. She believes closing businesses
is more of a government overreach than asking community members to wear a face mask.
Council Member Johnson referred to the face mask mandate the City of Driggs passed. The mandate has exceptions such as: children under five years of age, persons that medically can’t
tolerate wearing a face mask, police officers are accept and other needed exceptions. She believes in passing a rational face mask mandate so people don’t feel like their freedom is
being removed.
Mayor Merrill expressed his concerns with situations when a face mask can’t be worn. Council Member Mann clarified a face mask should be worn when social distancing is not an option.
Council Member Flora expressed her concerns creating exceptions to a city ordinance. The considerations for the exceptions need to be carefully thought out to not create unintended consequences.
She believes a city resolution would be sufficient to show support of our health organizations and government leaders. The resolution would reflect the importance and support of wearing
a face mask. It would also reflect the citizen’s responsibility concerning their own health and the health of other community members. She is also concerned with the enforcement of
a face mask ordinance; for example, what would happen if thousands of residents decided not to wear the face mask.
Council Member Wolfe explained Rexburg has been fortunate because there have been few Covid-19 cases compared to other cities. Some residents don’t consider the pandemic to be serious
and some aren’t aware of the number of people infected by the virus. His daughter has a friend in California who died from the virus and she was only 49 years old. As a community we
shouldn’t wait until the number of infected people increases to help prevent the spread of the virus. If one death from the virus could be prevented, he believes everyone would wear
a face mask. There are businesses requiring a face mask to be worn when entering the establishment. He finds it easier to wear a mask when businesses require the mask to be worn. He
said he is in favor of passing a face mask mandate before a tragedy occurs rather than to pass the mandate after the tragedy occurs.
Council Member Walker indicated he doesn’t believe government should mandate people to wear face masks. He agrees with Council Member Flora about her concerns with enforcing the ordinance.
The city shouldn’t pass an ordinance to follow what other cities are doing. If a business owner desires to require patrons to wear a face mask, they should be allowed to require a mask
be worn. If a business owner doesn’t desire to require patrons to wear a face mask, they should be allowed not to require the mask. He believes City Council would be taking rights away
from citizens if a mandate is passed requiring them to wear face masks. He said people should be allowed to choose to wear or not wear a face mask; however, if a business requires a
face mask to be worn then the patron should comply and wear a mask.
Council Member Walker said there is equal research for and against wearing a face mask. Council Member Wolfe said there will be businesses requiring a face mask be worn; however, there
will also businesses not requiring a mask be worn. If the cases continue to increase and businesses have to be closed, it would include those business that required the masks to be
worn. He agrees with Council Member Mann the pandemic is an emergency and needs to be addressed by asking residents to take the necessary steps to stop the spread of the virus.
Council President Busby indicated he agrees with Council Member Flora that an ordinance mandating people to wear a face mask will be difficult to enforce and agrees with encouraging
residents to wear a face mask. He said another reason for concern is someone in the audience mentioned the hospital has less than one hundred beds available for patients. A city resolution
could be passed encouraging residents to wear face masks and if the resolution isn’t being followed then a mandate could be considered. Council President Busby questioned the penalties
of not following the mandate. If one of the penalties is a fine will the students be able to afford the fine.
Council Member Johnson said the news article in the Post Register stated recommending face masks to be worn is not enough and issuing recommendations in loom of a crisis is similar to
sitting on one’s hands. She doesn’t believe a resolution is strong enough language. She reiterated having to close down businesses due to an increase of Covid-19 cases is far more of
a government overreach than asking residents to wear a face mask. She said the penalties of not following the face mask mandate would be a fine not jail time. The ordinance would be
making a statement that as a City Council we care about public health, the economy and keeping children in school. The ordinance will also be a recourse for businesses.
Council Member Flora explained she is not opposed to passing an ordinance requiring face masks to be worn. She doesn’t agree with a blanketed statement requiring face masks. She would
prefer more discussion and a review of a draft ordinance. City Attorney Zollinger said the City of Driggs passed a face mask order.
Council Member Mann said he is in favor of passing a mandate requiring face masks to be worn when social distancing is not an option. The mandate should be simple, crisp, clean and fast.
If city staff has a draft ready by tomorrow he would prefer to have a Special City Council Meeting to make a decision.
Discussion regarding the order passed by the City of Driggs. A copy of the order was viewed on the overhead screen. Council Member Walker said he is not opposed to wearing a face mask;
however, he is opposed to forcing people to wear a mask and forcing businesses to require patrons to wear a face mask.
Mayor Merrill stated the actions taken today will influence the outcome a month from now. He believes steps need to be taken immediately so that in a month from now we can be in a better
situation instead of a worse situation with the number of cases. He agrees with Council Member Walker about not mandating residents to wear face masks. He would prefer to strongly encourage
residents to take care of their health and be considerate to their neighbor’s health; however, as Council Member Mann mentioned the pandemic is an emergency, steps need to be taken
to stop the spread of the virus and not everyone will be in favor of those steps.
Council Member Johnson asked if an ordinance could be drafted by city staff to review at the working meeting tomorrow with Planning and Zoning. City Attorney Zollinger questioned City
Council’s compelling interest in an ordinance verse extending the emergency declaration. He favors the civil aspects of the order verses the criminal aspects of an ordinance. He continued
to review the order passed by the City of Driggs.
Committee Liaison Assignments for 2020:
A. Council Member Mann: M.E.P.I. · Legacy Flight Museum · Planning & Zoning
Council Member Mann reported M.E.P.I. has not met. The Fly-In Event at the Legacy Flight Museum was well attended with over 1,300 people served a free pancake breakfast. He thanked the
City Council Members who assisted in preparing and serving the breakfast. The Legacy Flight Museum brings tourism into Rexburg which helps the city’s economy.
Council Member Mann reported Planning and Zoning met on July 2nd, he was unable to attend the meeting; however, the items discussed at the meeting will be before City Council tonight.
Planning and Zoning will meet again tomorrow night.
B. Council President Busby: Cultural Arts/Museum · School Board · M.U.S.I.C.
Council President Busby reported he spoke with Cultural Arts Director Platt regarding the Romance Theater Remodel. The demolition work in the front area of the theater is about 95% complete.
The Stay-Art-Home event went well, over 100 pieces of art were entered. The art show was held at the Tabernacle and 150 people attend the art exhibit. There will a Pioneer Play Performance
on July 24th from 5:00 p.m. to 7:00 p.m. at the Porter Park Beehive Pavilion. Lori and Omar Hanson will be performing the play. He said during the Celebrate You Event on August 18th
the Cultural Arts Department is sponsoring Hands-On Art Portable Mural directed by local artists Marie Withers. There will be social distancing and other requirements in place during
the Celebrate You Event to prevent the spread of Covid-19.
Council President Busby reported he met with Madison School District Superintendent Dr. Thomas. He was informed of the operational levy which will be on the August 25th ballot. The food
pantry will be distributing food on Tuesday, July 21st. The distribution of food boxes has been moved from the Jr. High School to the High School. The last time the food pantry was
distributing at the High School, 860 families received food boxes and 50 families were turned away because there was no food left. He said the amount of families coming to pick up food
at the pantry is an indication of the difficult economic time due to the Covid-19 Pandemic.
Council President Busby reported the M.U.S.I.C. group has met twice. They discussed different options to bridge the communication gap between the city and the university.
C. Council Member Walker: MYAB · Emergency Services · Traffic & Safety
Council Member Walker reported the Mayor Youth Advisory Board has not met. He met with Fire Chief Child regarding Emergency Services. He was informed the Fire Department has one brush
truck at a fire in Utah. There are four crew members on standby to assist the Forest Service at the fire.
Council Member Walker reported Traffic and Safety met last week to discuss the intersection at 12th West and University Boulevard near the Madison High School. They discussed several
options, one being adding a four-way stop and the second option would be to add a blinking traffic light. A definite recommendation from the committee was not agreed upon at the meeting.
D. Council Member Johnson: Trails · Beautification · Rexburg Free Clinics Board
Council Member Johnson reported the Trails Committee posted speed limit and share the road signs at Eagle Park. The entrance road is used by motorist, bicyclist and people hiking. The
signs will serve as a reminder to slow down when using the road. The Beautification Committee has not met. The Rexburg Free Clinics Board met. The clinic has started to see patients.
They continue to move forward by applying for grants and seeking donated equipment for the clinic. They are planning on opening a booth at the Farmer’s Market to inform people of the
free health clinic.
E. Council Member Flora: Parks & Recreation · Urban Renewal Agency · GIS Oversight
Council Member Flora reported the Parks Crew is busy keeping the parks green and in good condition. The construction of the baseball quad is coming along. The dog park is also being
constructed. The city has received several requests to have special need swings at the city parks. She said after completing some research on the special needs swings she was informed
the current swing sets would need to be replaced to accommodate the special need swings. The cost to replace the swing sets is too expensive so she applied for a Christopher Reeves
Foundation grant and hopes the city will be awarded the grant.
Council Member Flora reported the Recreation Department held the Main Street Mile Race on the Fourth of July and the Foamy Five K on July 11th. She and her family participated in the
Foamy Five
K and enjoyed the race. Mayor Merrill mentioned he too participated in the race, it was really fun and the race has the potential of growing in numbers.
Council Member Flora reported before becoming a City Council Member she did not realize the Urban Renewal Agency is considered a separate government entity. The state, county and city
are government entities. The School Districts is also considered a government entity. There are special districts that are considered government entities such as Library District, Ambulance
District and the Urban Renewal District. The Urban Renewal Agency is composed of a several members commissioned to recommend the creation of urban renewal districts to the city and
county. Once the boundaries for the new district are proposed the commission creates goals for those boundaries, after the district is created the new district will receive the extra
income of taxes. The goals of the new district will be to renew and create prosperity in under developed areas. She said for example when the new Wal-Mart was built the city knew the
road would need to be widened and instead of putting the burden of the cost onto the tax payers the taxes collected in that urban renewal district were used to pay for the cost of the
road. The City Council Members have the opportunity to decide on creating a new district at this meeting.
F. Council Member Wolfe: Airport Board · Golf Board · Police
Council Member Wolfe reported the Airport Board did not meet. The Golf Board met to discuss several items, one being the high amount of revenues collected at both golf courses. Idaho
Central Credit Union will be donating the driving range golf balls. The cost of the golf balls is about $4,000. They discussed some safety issues with the Legacy Golf Course parking
lot. The sales of the Buddy Pass at the Legacy Golf Course is doing well. He said there is a promotion included with the purchase of the Buddy Pass, the patron will receive a pass to
golf 9 holes at Teton Lakes for free. The deck on the club house at Teton Lakes will be made handicap accessible. Council Member Wolfe said he has not met with the Police Department.
Staff Reports:
Finance: - Matt Nielson
Finance & Dashboard Report - Scott Miller
Deputy Finance Officer Miller reviewed the Expenditure Budget Summary Report. The Arts Department is at 29%; however, the amount will increase as the work being completed at the theater
progresses.
Deputy Finance Officer Miller reviewed the Revenue Budget Summary Report.
Deputy Finance Officer Miller reviewed the Cash and Investment Balance Report
Deputy Finance Officer Miller reviewed the Treasurer’s Expenditure Report by Fund.
Deputy Finance Officer Miller reviewed the Cash, Investments and Reserves graph.
Deputy Finance Officer Miller reviewed the Operating Expenses and Revenues.
Deputy Finance Officer Miller reviewed the Infrastructure Fees Graph.
Deputy Finance Officer Miller reviewed the Community Growth Chart.
Deputy Finance Officer Miller reviewed the Inflation Graph.
Deputy Finance Officer Miller reviewed the Major and Minor Construction Projects.
Employee Compensation Change Approval – Terri Hill & Matt Nielson
Human Resource Director Hill reviewed a summary of the changes to the Employee Handbook related to the city’s Wage Compensation System.
Council President Busby moved to approve the Changes to the Employee Handbook related to the Change in the City of Rexburg Compensation System; 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 Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Public Works: - Keith Davidson
Bid Acceptance for Fire Station Approach Project
Public Works Director Davidson reviewed the bids received for the Fire Station Approach Project. The work on the bid includes removing the concrete in front of the fire station because
the trucks are dragging when they pull out of the bay. The asphalt in back of the station is rotting and will be replaced with concrete. HK Contractor Inc. was the low bid and he is
recommended the bid be awarded to them.
Fire Station Approach Project Bid Amounts
Depacto Inc.
$87,185.50
HK Contractors Inc.
$78,917.00
Council Member Mann moved to approve the low bid of $78,917.00 from HK Contractors Inc. for the Fire Station Approach Project; 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 Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Romance Theater Equipment to Surplus
Public Works Director Davidson reviewed the description and price of the three sets of speakers needing to be surplus.
Council President Busby moved to approve the surplus of the three sets of speakers; Council President Member Wolfe seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Resolution 2020-11 Idaho Transportation Department (ITD) Americans with Disabilities Act (ADA) Grant for Curb Ramp Improvements and Cooperative Agreement for Project No A022(451) FY21
Rexburg 9 ADA Ramps
Public Works Director Davidson reviewed the Cooperative Agreement for Project No. A022 (451) Fiscal Year 2021 Rexburg 9 ADA ramps. The city desires to upgrade the curb ramps within the
city limits. The state has agreed to participate in the cost of this work.
RESOLUTION FOR COOPERATIVE AGREEMENT FOR PROJECT NO. A022(451) ADA RAMP FOR STATE FISCAL YEAR 2021
Resolution No. 2020-11
WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Addendum to the Agreement stating obligations of the STATE and the CITY OF REXBURG, hereafter
called the CITY, for ADA improvements; and
WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid
Highway System; and
WHEREAS, the CITY and the STATE are providing funds for this project; and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Cooperative Agreement to construct ADA improvements within city limits is hereby approved.
2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY.
3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department.
________________________________
SIGNED BY: Jerry Merrill, Mayor
CERTIFICATION:
I hereby certify that the above is a true copy of a Resolution passed at a regular meeting of the Rexburg City Council, City of Rexburg, held on July 15th, 2020.
(Seal)
________________________________
Deborah Lovejoy, City Clerk
ATTACHMENT: Cooperative Agreement Project No A022 (451)
Council Member Mann moved to approve Resolution 2020-11 Idaho Transportation Department (ITD) Americans with Disabilities Act (ADA) Grant for Curb Ramp Improvements and Cooperative Agreement
for Project No A022(451) Fiscal Year 2021 Rexburg 9 ADA Ramps; 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 Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Public Works Director Davidson reported there are several city roads being chip sealed including: 2nd East from the railroad tracks to Wal-Mart, a section of 7th South and University
Boulevard to 12th West.
Mayor’s Report:
Mayor Merrill reported there are two individuals interested in serving on the City’s Parks Committee. These two individuals are J.D. Hancock and Jennifer Kempton.
Council Member Flora moved to ratify the appointments of J.D. Hancock and Jennifer Kempton to the Parks Committee; Council Member Wolfe seconded the motion; Mayor Merrill asked for a
vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Public Hearing NONE
Items for Consideration:
Urban Renewal Agency – City Council Approval of the Eligibility Report for North Central Urban Renewal Area Resolution 2020-12 – Richard Horner
Richard Horner said the Urban Renewal Agency approved the Eligibility Report followed by the approval of the Madison County Commissioners and now before City Council to approve the report.
The final step would be for the city to complete a plan indicating the amount of funds allocated to the new district. The plan would also include a list of projects to be completed
in the new district. He recommended City Council approve Resolution 2020-12 containing the Eligibility Report for the North Central Urban Renewal Area. He reviewed a map of the proposed
North Central Area.
Council Member Flora moved to approve Resolution 2020-12 containing the Eligibility Report for North Central Urban Renewal Area; Council Member Wolfe seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Resolution 2020-10 Comprehensive Plan Map Amendment of 2003 S Yellowstone Hwy #20-00338 from Commercial to Industrial – Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed a map of the location. The applicant is requesting Comprehensive Plan Map Amendment of 2003 South Yellowstone Highway from Commercial
to Industrial.
RESOLUTION FOR AMENDING
VISION 2020 REXBURG COMPREHENSIVE PLAN MAP
Resolution No. 2020 - 10
WHEREAS, on the 15th day of July, 2020, the City Council for the City of Rexburg was duly convened upon notice properly given and a quorum was duly noted; and
WHEREAS, in a Rexburg Planning and Zoning Commission meeting on the 2nd day of July, 2020, the Planning and Zoning Commission held a public hearing, taking public comment for and against
the proposal to amend the Comprehensive Plan Map. The public hearing ended with a unanimous vote to recommend the proposed Comprehensive Plan Map change to City Council; and
WHEREAS, in a subsequent City Council meeting on the 15th day of July, 2020, the City Council reviewed the findings from the Planning and Zoning Commission’s Public Hearing held on the
2nd day of July, 2020; and
WHEREAS, a comprehensive plan is a living document; an ongoing planning participation effort by the citizens of the community is encouraged to ensure changing conditions meet the needs
of the community; and
WHEREAS, proposed changes to comprehensive plan map can change land use designations; and
WHEREAS, the following approved Land Use designation changes to the Comprehensive Plan Map from Commercial to Industrial at approximately 2003 South Yellowstone Hwy (20-00338) in the
City of Rexburg, Madison County, Idaho and more particularly described as follows:
Comprehensive Plan Map Amendment
Legal Description:
Tract 1:
Beginning at the Northeast Corner of Lot 3, Section 1, Township 5 North, Range 39 East, Boise: Meridian, Madison County, Idaho; and running thence South 89°53' 15" west 294.13 feet along;
the Section line to the East right-of-way line of Highways 191 and 20; thence Southwesterly around the East edge of the highway right-of-way following a 20,345.05 foot radius curve
right 1300 feet, more or less; thence South 188.41 feet to the west edge of the Union Pacific Railroad right-of-way; thence North 30°08' 14" East 1596.58 feet along the West edge of
the railroad right-of-way to a point on the North-South 1/4 Section line; thence North 22.65 feet to the point of beginning.
WHEREAS, the changes shown on the Comprehensive Plan Map dated July 15, 2020 have been approved by the City Council;
NOW THEREFORE, by resolution duly adopted on the date first above written, be it resolved by the Mayor and the City Council the following:
The City of Rexburg does hereby accept and adopt the said Comprehensive Plan Map Land Use Designations in the City of Rexburg Vision 2020 Comprehensive Plan.
RESOLVED this 15th day of July, 2020; by the City Council, City of Rexburg, Idaho.
________________________________
SIGNED BY: Jerry Merrill, Mayor
ATTEST:
I hereby attest that the above is a true copy of a Resolution passed at a regular meeting of the Rexburg City Council, City of Rexburg, held on July 15, 2020.
(Seal) ________________________________
Deborah Lovejoy, City Clerk
Council President Busby moved to approve Resolution 2020-10 Comprehensive Plan Map Amendment of 2003 S Yellowstone Hwy from Commercial to Industrial; 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 Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Conditional Use Permit (CUP) at 111 N Center #20-00365 for Dormitory in a Mixed Use (MU) Zone – Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed the request for the Conditional Use
Permit at 111 North Center for Dormitory in a Mixed Use Zone (MU).
Council Member Walker moved to approve the Conditional Use Permit (CUP) at 111 N Center for Dormitory in a Mixed Use (MU) Zone; 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 Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Ordinance No. 1233 Rezone 790 & 796 Barney Dairy Rd #20-00347 from Rural Residential 1 (RR1) to Low Density Residential 2 (LDR2) Zone – Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed the rezone request at approximately 790 & 796 Barney Dairy Road from Rural Residential 1 (RR1) Zone to Low Density Residential 2
(LDR2) Zone.
Council Member Mann expressed his concerns about changing the zone of these parcels because it appears to be creating a spot zone. Planning and Zoning Administrator Parkinson explained
to the north of the property there are parcels zoned Low Density Residential 3 (LDR3). The zone change is not considered a spot zone because the zone being requested aligns with the
Comprehensive Plan Map.
Council Member Flora asked if the proposed request could have been accomplished with the LDR1 Zone. Planning and Zoning Administrator Parkinson replied LDR3 Zone was requested because
of the size of the lot.
Council Member Flora moved to approve Ordinance No. 1233 Rezone 790 & 796 Barney Dairy Road from Rural Residential 1 (RR1) to Low Density Residential 2 (LDR2) Zone; 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 Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Calendared Bills:
Second Reading: Those items which have been first read:
Ordinance No. 1232 Fiscal Year 2021 Budget Appropriation Ordinance
Council Member Wolfe moved to approve Ordinance No. 1232 Fiscal Year 2021 Budget Appropriation Ordinance and consider second read; 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 Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Third Reading: Those items which have been second read: – NONE
Mayor’s Business:
Council Member Mann reported he received a press release from Governor Little’s office regarding letters sent in by cities and counties stating their intent to support public safety.
He was pleased to see Rexburg as one of the 30 cities and Madison County as one of the 10 counties. The city plans to use some of the federal aid received due to the Covid-19 Pandemic
to pay Public Safety Officers and other employees. The federal aid will also result in a 10 to 20 percent decrease in property taxes for the next year.
Council Member Mann said the Chamber of Commerce is sponsoring a summer picnic for their board members at the Porter Park North Pavilion on Wednesday, July 22nd staring at noon. There
will a representative from Madison Memorial Hospital, Cultural Arts Director Platt, Madison County Commissioner Mendenhall and BYU-Idaho representative reporting their plans for the
fall. He invited the Mayor and City Council Members to attend.
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.
Minutes from July 1, 2020 meeting
Minutes from July 8, 2020 Special meeting
Approve the City of Rexburg Bills
Council President Busby moved to approve the Consent Calendar containing the minutes and city bills; 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 Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Executive Session: Roll Call Vote for Motion to Enter into Executive Session per Idaho State Statute 74-206 (1) (e) To consider preliminary negotiations involving matters of trade or
commerce in which the governing body is in competition with governing bodies in other states or nations; (a) To consider hiring a public officer, employee, staff member or individual
agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective
office or deliberations about staffing needs in general; (b) To consider the evaluation, dismissal or
disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student;
Council President Busby moved to approve to go into Executive Session per Idaho State Statute 74-206 (1) (e) To consider preliminary negotiations involving matters of trade or commerce
in which the governing body is in competition with governing bodies in other states or nations; (a) To consider hiring a public officer, employee, staff member or individual agent,
wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective
office or deliberations about staffing needs in general; (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer,
employee, staff member or individual agent, or public school student; Council Member Walker seconded the motion; Mayor Merrill asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Executive Session stated 8:52 P.M.
Executive Session ended 9:51 P.M.
Adjournment 9:52 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Marianna Gonzalez, Deputy City Clerk