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HomeMy WebLinkAboutCouncil Minutes - May 05, 2021i 35 North Is' East Rexburg, ID 83440 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Mikel Walker Tisha Flora Brad Wolfe Bryanna Johnson f pExH URc City Council Minutes ui f May 05, 2021 deborahl@rexburg.org Phone: 208.359.3020 x 2101 E o www.rexburg.org Fax: 208.359.3022 6:30 P.M. Citv Hall Council Member Flora said the prayer. Mayor Merrill led the pledge. Roll Call of Council Members: C I TY OF REXBURG Ow America's Family Community City Staff- Stephen taffStephen 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 Attending: Council Member Flora, Council Member Johnson, Council Member Mann, Council Member Walker, Council President Busby and Mayor Merrill. Council Member Wolfe asked to be excused. Welcome New City EMplovees: Kyle Baldwin — P&Z Planner I; Jordan Kirsch — Paramcdic Madison Fire Department. Mayor Merrill asked the new city employees to introduce themselves. Kyle Baldwin said he and his wife live in Ashton, Idaho and have five beautiful daughters. He used to work for the City of Rexburg as an Engineer Technician for about seven years then left to work in Utah. He worked there as a Project Manager/Estimator for two years before returning to Idaho. He is glad to be back with the city. Mr. Baldwin said his number one goal in this position is to conduct himself in a manner that proves to the people that the city truly cares for them and they are the city's number one priority. Jordan Kirsch said he was born and raised in Washington state. He and his wife Jesse have four children, two boys and two girls. His family is currently living in Washington; however, will be moving to Idaho in about two weeks. He has 10 years of experience in Emergency Medical Services and two years in the Fire Service. He is excited to join this excellent team and to represent the City of Rexburg and Madison County. Public Comment: Ruben Miller reiterated the concerns he had regarding the filling of a drainage ditch to accommodate the development on 7th North. He said he attended a recent Planning and Zoning Meetings and City Council Meetings to address his concerns with the ditch right of way because it has been encroached. At the April 7`h City Council Meeting, city staff was asked to provide the document which allowed the closure of the ditch. When the document was produced it was missing the signature from the Canal Company. He said without the written notice to the Canal Company and Irrigation Districts, they cannot determine the impact to the surrounding properties, the closure of the ditch will have. Mr. Miller said at the April 21 s' City Council Meeting the president of the Canal Company Roger Muir had indicated he did not receive written notice of the development occurring near the drainage ditch. He said city staff has indicated the ditch is not a drainage ditch; however, Lee Munns came to the City Council Meeting and indicated it is a drainage ditch. Mr. Munns is the Water Master of the Teton Canal Company. The filling in of the drainage ditch was brought to the city's attention in March and he referred to state statute 42-1209. He has not been contacted by city staff or the developer to discuss the ditch issues. He believes the city needs to hire an attorney to go before a judge to decide on the legalities of filling in the ditch. The developer has also not been present at any of the City Council Meetings to address the issues with the ditch. Discussion regarding the difference between a canal and ditch. Mayor Merrill said during the City Council drive around they had stopped at the location to better understand the issues to make the appropriate decision. The engineering reports also need to be presented to understand the entire situation. Mr. Miller said he believes ample time has been given to the engineer and developer to present their results. He said he could have gone to the courthouse to file a complaint. City Attorney Zollinger said city staff recognized that the developer needs to demonstrate a plan to resolve the issue. The issue regarding the ditch is not connected to this rezone request that has been tabled. One of the requirements was that the developer obtain a certification from the irrigation district before building the Centennial Apartments; however, it appears the developer has failed to obtain the certification before constructing the apartments. The documents need to be finalized to the satisfaction of the city's Public Works Director and Attorney. Mr. Miller said the connection between this rezone request and the Centennial addition is that for the ditch to be unfilled the Stonebridge Street will need to be removed and so will Hope Street along with several townhomes. Otherwise, the ditch will need to be rerouted. He said if the rezone request is approved the ditch will not be able to be rerouted thought that property. City Attorney Zollinger clarified the zone does not determine the layout of the development. He said city staff has not seen a proposed layout of the development; however, if items such as a ditch are needed then that is something the Public Works Department would be cognizant of based on these conversations. The zoning gives the developer the ability to start the design process at a level that they are seeking. Mr. Miller said this property is adjacent to agriculture and the city limits. By zoning land for multi -family use adjacent low density residential there are different rules that are followed as oppose to land adjacent to high density. There are no rules against allowing a 40 -foot structure to be built when it is adjacent to agriculture land. The irrigation district has not been given notice of the proposed rezone. Council President Busby asked when the developer will be able to present their information regarding the ditch. Public Works Director Davidson replied the developer is working with the property owners who previously utilized the ditch. Mr. Miller said he is the property owner who currently uses the ditch. Sherry Erickson said in addition to the issues with the ditch there are many citizens living in the Stonebridge Subdivision that consider this zone change a problem because they will be surrounded by rental properties. They purchased their properties with the knowledge that zoning around the church would be low density. She said it seems wrong to allow rental properties around a church house because it is so transit. Another issue is that the subdivision would be adjacent to all rental properties. She said it is not just a drainage ditch issue for the residents living in Stonebridge Subdivision. Tina Brower said she disagrees with low density housing being surrounded by high density housing. There are plenty of high density developments to accommodate the growth of the city. The housing market is terrible and low density housing is needed. Mayor Merrill said the market drives the type of development and City Council is doing their best to manage the growth coming to Rexburg. Robert McKenzie said during the public hear at Planning and Zoning meeting regarding this rezone request there were many assertions made by the commission that he considers untrue. The proposed housing would be affordable starter homes that is untrue they are not starter homes. The existing units are one -bedroom units starting at $1,000 a month with insufficient parking. One of the Planning and Zoning Commissioner at that meeting indicated that the rezone would have a negative effect on the community environment. Mr. Mckenzie said it appeared to him at Planning and Zoning meeting that the commissioners had already decided to approve the rezone. The City Council Members often state they desire the best and value the citizens; however, the actions taken indicate the opposite, when it appears a decision has already been made before the meeting. This type of behavior naturally erodes public trust in these hearings and leaves little room for the effected public to believe the best interest of our community or that their voices and expressed 2 opinions concerning the matter are taken into account, when these decisions are being made rather, it seems that the decisions are being made based on what type of taxes can be extorted from the residents through the affected area. He said many of the assertions were made during the portion of the meeting when the public was barred from speaking. Mr. Mckenzie said similar concerns were brought to the Planning and Zoning Commission regarding the Carlow Senior Apartments. The apartments were built to close to the homes and built before the land was properly zoned. The residents that expressed their conerns regarding the apartments were told they should be grateful because they only lost their privacy rather than an extra 10 feet of their back yards. He said he is in favor of growth; however, rezoning low density residential areas to medium density residential areas is not in the best interest of the affected area. The argument of inadequate infrastructure in the area has been discussed and future potential of imminent domain. There are many issues regarding this rezone. Staff Renorts: A. Finance: - Matt Nielson 1. Set Public Hearing Date for Mayor and City Council Salaries for June 2, 2021 Finance Officer Nielson reviewed the Mayor and City Council Salaries. Mayor & Council Salary Raises CPI 2019 251.712 2021 261.582 public hearing lune 2 Proposed Percent l nerease 3.92% publish May 11 9. 18 Proposed Changes to take AfjeaJanuary 2422 Current Proposed Proposed Proposed Pay Period Calculated Annual Wage - Wage Increase* Wage 26/year �Mayvr $ 79,142 $ 3,106 $ 82,298 1 $3,165.31 council Member $ 9,226 5 362 S 9588 S 366.77 lCouncil President S 10,426 $ 409 $ 10,835 1$ 416.73 'Rounded up ro whole number Idaho Code 50-203 The officials of each city shall consist of a mayor and either four {4y or six (6) councilman whose compensation shall be fixed by ordinance published at least seventy -fire (75) days before any general city election, which ordinance shall be, effective for all said officials commencing on January t following said election and oonlinuing until changed pursuant to this section. Council Member Mann moved to approve to Set a Public Hearing on June 2ad, 2021 for Mayor and City Council Salaries; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting ave Council Member Johnson Council Member Flora Council Member Mann Council Member Walker Council President Busby The motion carried Those voting nay None 2. Budget Adjustments for Teton Lakes Clubhouse Deck, Wastewater Blower Replacement, and Water Fire Hydrant Replacements Finance Officer Nielson reviewed the Budget Adjustment for the Teton Lakes Golf Course. The cost of a wooden deck came in substantially higher, so a steel option was compared. He believes a steel deck would be better in the long-term aspect with less ongoing maintenance. There is not much of a cost difference between a wood and steel deck. The additional funds would come from the carryover of the General Fund. City Attorney Zollinger clarified the funds for the deck were budgeted in the capital; however, all the funds are not available this Fiscal Year. Council Member Flora asked about the donated storage shop from one of the Urban Renewal Properties. Finance Officer Nielson explained the area where the storage shop is going to be located needs to be surveyed; however, City Engineer Justin Beard had informed him the shop may need to be raised by about five feet. 3 BUDGET ADJUSTMENT REQUEST FORM Dept: I Golf Fiscal Year Affected:2021 Expense Accounts to Receive Increased Budget: Account:50437709 Amount: 110,000 Name:IDECR(CARTSTORAGE Account-. 01499970 Amount: 55,000 Name: FUND R-GOLFOPERATIONS Acoount: Amount: Name: TOTAL: 165,000 Accounts Where Budget is Coming From: Account: 5039920 Amount: 55,000 Name:IFUND TFR FROM CITY Account: D1"" Amount: 55,600 Name: FUND BALANCE CARRYOVER Account: 5037610 Amount: 55,000 Name: COUNTY CONTRIBUTIONS TOTAL: 165,000 Net Expense less Revenue (This must be zero) Coming From: Contingency: ryover put back into contingency to car Other Expanse: New Revenue: 110,000 TOTAL INCREASE 110,000 Reason for the Increase: Golf Course Deck Project -Scope of Project enhanced to a bigger size to accommodate more cart storage Discovered some issues with the rimbcard that had to he addressedlfixed. Initial bid inquiries showed a much higher cast than expected for wood structure_ Decided to price steel structure and determined it was immaterial cost difference to do a steel structure with concrete floor We anticipate the projed to cost close to $200.000 We will need to bid out the project once specs are received. We are proposir p the additional $110,000 come 60% from Madison County and 501A from the City- The City increased share is proposed to come from General Fund Balance Carryover. Council President Johnson moved to approve the Budget Adjustments for Teton Lakes Clubhouse Deck; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Council Member Johnson Council Member Flora Council Member Mann Council Member Walker Council President Busby The motion carried Those voting naX None Finance Officer Nielson reviewed the Budget Adjustment for the Wastewater Blower Replacement. BUDGET ADJUSTMENT REQUEST FORM Dept I WW TREATMENT I Racal Year Affected' 12021 Expense Accou nts to Receive Increased Budget: Account: 27435706 Amount 5 000 00 Ham BLOWER REPLACEMENT 3 -VFD Account: Amount Name: Aocounk Amount Name' Account -1 Amount Name: TOTAL: 500,000 Accounts Where Budget is Coming From: Net Expense less Revenue) ((This must be zero) Coming From: Contingency. Oths+Expsnsa' Neve Revenue: 500 000 TOTAL INCREASE 500,000 Reason for the Increase: Ori incl bud et of $1,000,0000 in Fiscal Year 2020. Cunent Bud et Fiscal Year 2021 at $200,000. Wil I need $500,000 to com lets ct. We are gettinga rant for need S Btl from Rocky Mounlain Pourer for P 'ect Council President Walker moved to approve the Budget Adjustments for the Wastewater Blower Replacements; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Council Member Johnson Council Member Flora Council Member Mann Council Member Walker Council President Busby The motion carried Those voting nay None Finance Officer Nielson reviewed the Budget Adjustment for the Water Fire Hydrant replacements. Council President Busby asked about the cost of engineering. Public Works Director Davidson said the engineering cost include, inspections, preparing the documents to bid the project, etc. BUDGET ADJUSTMENT REQUEST FORM Oept: WATER J Flewl Year AffeMd:2021 lxpense Accounts to Receive Increased Budget: Account: 26434711 Amount 85 000 Name: HYDRANTS -REPLACE 10 Account; Amount. Name, Aocount: Amount Name: Account: Amount Name: TOTAL: 85,000 190,000.00 Accounts Where Budoet is Comino From: Net Expense less Revenuel - I(This must be uro) Coming From: Contingency Other Expense= New Revenue: 8500D TOTAL INCREASE 85,000 Reason W the Increase; Had bud et of $20,000 in FY21. Decided to contract out this work lorelace 10 hydrants. Estimated total cost X erigirieering at 5105,000. EEI Council Member Flora moved to approve the Budget Adjustments for the Water Fire Hydrant Replacements; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Council Member Johnson Council Member Flora Council Member Mann Council Member Walker Council President Busby The motion carried Those voting naX None Finance Officer Nielson mentioned the budget review meetings will begin next week and all are welcomed to attend the meetings. B. Public Works: — Keith Davidson 1. Bid Acceptance for Wastewater Blower Replacement, Street Drainage Improvements, Fire Hydrant Replacements, and Chip Seal Projects Public Works Director Davidson reviewed the bids received for the Wastewater Blower Replacement, Street Drainage Improvements. There was only one bid received for the Blower Replacement because the other business did not have a large enough crew to complete the work. He is recommending the project be awarded to GSE Construction in the amount of $333,500. Blower Replacement Bid Results Name Amount Engineer's Estimate $ 300,850.00 GSE construction $ 333,500.00 Public Works Director Davidson reviewed the Street Drainage Improvements bids. There were three bids received and Mountain Valley Construction submitted the low bid and he recommended they be awarded the project. Street Drainage Improvements Bid Results Name Amount Engineer's Estimate $ 180,000.00 Edstrom Construction $ 182,279.00 Mountain Valley Construction $ 190,000.00 HK Contractors $ 257,500.00 Public Works Director Davidson reviewed the bids for the Fire Hydrants. The low bid received from Vanguard LLC. He recommended Vanguard LLC be awarded the project. Fire Hydrant Bid Results Name Amount Engineer's Estimate $ 130,250.00 Vanguard LLC $ 97,338.89 HK Contractors $ 166,899.00 Edstrom Construction $ 170,486.00 Mountain Valley Construction 1$ 243,200.00 5 Public Works Director Davidson reviewed the bids received for the Chip Seal Project. Chip Seal Bid Results Name Amount Engineer's Estimate $ 140,000.00 HK Contractors $ 109,134.00 TMC Contractors $ 114,210.00 Boswell Asphalt & Paving $ 158,625.00 Council Member Flora moved to approve the low bid of $333,500. from GSE Construction for the Wastewater Blower Replacement and the low bid of $190,000. from Mountain Valley Construction for Street Drainage Improvements and the low bid of $97,338.89 from Vanguard LLC for Fire Hydrants and the low bid of $109,134. from HK Contractors for Chip Seal; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those votingave Those voting naX Council Member Johnson None Council Member Flora Council Member Mann Council Member Walker Council President Busby The motion carried Items for Consideration: A. Resolution 2021— 05 Resolution 2021— 06 Destruction of Records — Fire Department Sign - out Sheets, Applications (those not hired), Training Logs, Testing Logs from 2015 to 2000; Bank Statements 2013 to 2001, Terminated and No Hire Employee Applications from 2013 to 2001, Terminated Employee Records from 2013 to 1985; see resolution for further record list — Stephen Zollinger. City Attorney Zollinger indicated the destruction of records is a housing keeping function completed by the City Clerk. The clerk being the record keeper for the city. Resolution Authorizing Destruction of Records Resolution No 2021- 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, AUTHORIZING DESTRUCTION OF RECORDS. WHEREAS, Idaho Code 50-907 requires the City Council to authorize destruction of semi-permanent and temporary public records that have met the minimum retention period provided by the city's records retention schedule and are no longer required by law or for city business; and, WHEREAS, the City Clerk of the City of Rexburg, Idaho has requested that certain records be authorized for destruction; and, WHEREAS, approval for the destruction of the below listed records has been obtained from the Idaho State Historical Society and the City Attorney, as provided by Idaho Code 50-907. See Attachment "Resolution 2021-06 for Destruction List" NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO, THAT THE FOLLOWING RECORDS ARE AUTHORIZED TO BE DESTROYED. The administrative staff of the City is authorized to take all necessary steps to carry out the authorization provided by this Resolution. PASSED BY THE CITY COUNCIL May 2021 SIGNED BY THE MAYOR May 2021 ATTEST: Deborah Lovejoy, City Clerk Attachment: Records for Destruction List Jerry Merrill, City of Rexburg Mayor rel Resolution 202.1- 06 Records for Destruction List - Hard Copies Only Date Range Documerrt Name/Type From To Fire Deaarmert emplo;,ee signout sheets, -10 hi -e employee appl cation, training logs, test ng logs 2015 1945 Finance Bank Statements and check registers 2013 2001 HRTerminated 2013 and alder and no hire employee appiicafc-ns from 2013 tc 2001, HR-erminatep E-iployee �e-ords 2013 1985 Council President Busby moved to approve Resolution 2021 — 05 Resolution 2021 — 06 Destruction of Records — Fire Department Sign -out Sheets, Applications (those not hired), Training Logs, Testing Logs from 2015 to 2000; Bank Statements 2013 to 2001, Terminated and No Hire Employee Applications from 2013 to 2001, Terminated Employee Records from 2013 to 1985; see resolution for further record list; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those votingave Council Member Johnson Council Member Flora Council Member Mann Council Member Walker Council President Busby The motion carried Those voting nay None Calendared Bills and Tabled Items: A. Tabled Item from April 7', 2021 City Council Meeting: a. Planning and Zoning Recommendation to Rezone approximately 525 E 7' N from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1) #21-00063. Designated as Ordinance No 1257 if Motion Passes and Considered 1" Read — Alan Parkinson Council Member Mann moved to un -table the Rezone approximately 525 E 7th N from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1); Discussion: Council Member Walker asked for the item to not be taken off the table until the information City Council requested form the developer is presented. Council Member Flora said she believes the current zone is a good fit for the area and she is not in favor of the rezone request regardless of the ditch information; Council Member Jonhson seconded the motion; Mayor Merrill asked for a vote: Those voting ave Council Member Johnson Council Member Mann Council President Busby The motion carried Those voting naX Council Member Flora Council Member Walker Council Member Flora said in her experiencing serving on City Council she is aware there is another side and currently there is not a representation of the other side. There is a possibility the developer and engineer are going to mitigate the concerns. She said it is difficult to decide without all the information. Planning and Zoning Administrator Parkinson said the developer is having issues contacting one of the property owners. The engineer is doing his due diligence to obtain the information and answers requested by the city whether that includes restoring the drainage ditch. This rezone and the ditch issues are not connected other than the developer is the same person. The rezone was tabled to allow the engineer and developer to mitigate the drainage ditch issues. Council Member Flora questioned the reason why the developer could build the Centennial Apartments without contacting the Irrigation District. Planning and Zoning Administrator said it was his understanding the engineer contacted the property owners using the ditch and received verbal permission and not written permission. He said city staff reviewed the recorded plat and realized the Irrigation District Representative's signature was not on the plat. 7 Council Member Johnson said this rezone request is similar to the 12`' West rezone request which was denied by City Council. There are residents expressing to City Council, they desire areas in the city that do not have medium and high density residential zoning. She does not desire medium and high density zoning where there are established single family subdivisions. The current zone would allow for townhomes and she believes this is a good compromise. The property is located near the city limits and not in the downtown area where she envisions high density to be located. Council Member Mann said the City Council Members care about the citizens. He said he in favor of development; however, he is not in favor of this rezone because it is not a good fit for the area. The issues with inadequate infrastructure and the drainage ditch are other reason why he is not in favor of this rezone. Council Member Johnson moved to deny the Rezone approximately 525 E 7' N from Low Density Residential 2 (LDR2) to Medium Density Residential 1; Council Member Mann seconded the motion; Mayor Merrill asked for a vote: Those voting ave Council Member Johnson Council Member Flora Council Member Mann Council President Busby The motion carried Those voting naX Council Member Walker B. Second Reading_ Those items which have been first read: NONE C. Third Reading: Those items which have been second read: a. Ordinance No 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12t' W and parcel numbers RPR6N39E260006 and RPR6N39E260007 #21-00084 — Alan Parkinson ORDINANCE NO 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at Approximately 20 South 12th West and Parcel Numbers RPR6N39E260006 and RPR6N39E260007 in Rexburg, Idaho AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council Member Walker moved to approve Ordinance No 1258 Extend Zoning of Community Business Center (CBC) and Medium Density Residential 2 (MDR2) at approximately 20 S 12`h W and parcel numbers RPR6N39E260006 and RPR6N39E260007 and consider third read; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Council Member Johnson Council Member Flora Council Member Mann Council Member Walker Council President Busby The motion carried Mavor's Business: Those voting nay None Mayor Merrill mentioned the use of the golf carts by City Council for the 4t' of July Parade. They usually use about 20 carts leaving with a shortage of cards for the golf courses on a busy day. Discussion regarding using an ATV or walking the parade route. Council Member Johnson said she would prefer to use the golf carts to ride in the parade. Mayor Merrill mentioned the upcoming events: 1. Flow-Bor Day May 19' from 4:00 to 6:00 pm 2. Rexburg Tabernacle Orchestra Concert on May 27`' at 7:30 pm 3. Romance Theater Open House for City Employees and their families. 4. Chalk -the-Block at the Madison Cares Field $5 fee, and prizes 5. Commemorating the 45' Anniversary of the Teton Dam Flood begins on June 5`''. A. Proclamation 2021— 02 Arbor Day May 19'x, 2021 Mayor Merrill read Proclamation 2021 — 02 Arbor Day May 19''', 2021. PROCLAMATION No. 2021— 02 2021 Arbor Day Proclamation WHEREAS: In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS: The holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS: Arbor Day is now observed throughout the nation and the world, and WHEREAS: Trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS: Trees are a renewable resource giving up paper, wood for our homes, fuel for our fires and countless other wood products, and WHEREAS: Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS: Trees, wherever they are planted, are a source of joy and spiritual renewal, NOW, THEREFORE: I, Jerry Merrill, Mayor of the City of Rexburg do hereby proclaim May 19, 2021 as Arbor Day in the City of Rexburg, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Further, I urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Rexburg to be affixed this _day ofMay in the year of our Lord two thousand twenty-one. APPROVED. SEAL Jerry Merrill MAYOR ATTEST.• Deborah Lovejoy REXBURG CITY CLERK Council Member Mann moved to ratify Proclamation 2021-02 Arbor Day May 19`x, 2021; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those votingave Those voting naX Council Member Johnson None Council Member Flora Council Member Mann Council Member Walker Council President Busby The motion carried 011 Council Member Mann mentioned the Association of Idaho Cities Conference is scheduled June 16d' -18th The conference will interfere with the second City Council Meeting in June. The City Council decided the second meeting will be held on Wednesday, June 23rd at 6:30 p.m. 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 April 21 & 30, 2021 Meetings B. Approve the City of Rexburg Bills Council Member Walker moved to approve the Consent Calendar containing the minutes and city bills; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Council Member Johnson Council Member Flora Council Member Mann Council Member Walker Council President Busby The motion carried Those voting naX None Executive Session: Roll Call Vote for Motion to Enter into Executive Session per Idaho State Statute §74-206(1)0 To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Council President Busby moved to enter into Executive Session per Idaho State Statute §74- 206(1)0 To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated approve the Consent Calendar containing the minutes and city bills; Council Member Johnson seconded the motion; Mayor Merrill asked for a roll call vote: Those votingave Council Member Flora Council Member Johnson Council Member Mann Council Member Walker Council President Busby The motion carried Executive Session started at 8:03 P.M. Executive Session Ended at 8:29 P.M. Adjournment 8:30 P.M. Attest: Marianna Gonzalez, Deputy City Clerk 10 APPROVED: Those voting naX None Jerry Merrill, Mayor