HomeMy WebLinkAboutCouncil Minutes - November 18, 2020
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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 Flora led the pledge.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Johnson, Council Member Mann, Council Member
Wolfe, Council President Busby and Mayor Merrill.
Council Member Walker and Council President Busby joined the meeting via GoTo Meeting.
Motion and Order to Amend Agenda – Addition of Agenda Item # 9 Ordinance No 1243, Item 11C(2)
Resolution No 2020-25 and Rearranging Order of Agenda Items
Council President Busby moved to approve to Amend the Agenda to add Item #9 Ordinance No 1243,
Item 11C(2) Resolution No 2020-25 and Rearranging Order of Agenda Items; 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
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.
Presentation:
1. Presentation of Appreciation to Duffy McFarland for His Service as Golf Director in our
Community from 1985 to 2020
Mayor Merrill presented a plaque of service and expressed his appreciation to Mr. McFarland for
his many years of service as the Golf Director in the community. A certificate for a lifetime of
complimentary green fees, range and cart rentals was also presented to Mr. McFarland.
2. Mrs. Bargabo’s Class Presentation on City Businesses
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x 2101
Fax: 208.359.3022
deborahl@rexburg.org
www.rexburg.org
City Council Minutes
November 18, 2020
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Mrs. Bargabos’s explained she and her gifted and talented students completed a journalism walk in
downtown Rexburg.
Items for Consideration:
A. Resolution No 2020 – 23 Intergovernmental Agreement for the North Central Urban
Renewal Plan – Richard Horner
Richard Horner reviewed the Intergovernmental Agreement for the North Central Urban Renewal
Plan. The agreement confirms the duties, roles and responsibilities of the City of Rexburg, the
Urban Renewal Agency of Rexburg and Madison County. The County Commissioner have
requested that one of the county commissioners be appointed to the Urban Renewal Board.
Mayor Merrill explained the Intergovernmental Agreement for the North Central Urban Renewal
Plan outlines the duties, roles and responsibilities of the three entities and needs to be approved
before the public hearing to consider an ordinance to approve the plan.
Council Member Flora moved to approve Resolution No. 2020 – 23 Intergovernmental
Agreement for the North Central Urban Renewal Plan; Council Member Mann 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 6:45 P.M. Consideration of Ordinance No 1242 North Central Urban
Renewal Plan Approval – Richard Horner
Richard Horner mentioned there is a short video explaining how Urban Renewal Districts are
formed. The video was viewed on the overhead screen.
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Richard Horner reviewed a map of the properties listed in the new district which were approved by
the city and county. The state approved the legal description of the properties in the district. There
are about 20 projects that are slated to occur if the funds come into the district.
Richard Horner reviewed the list of projects scheduled in the new district and the estimated cost.
The parcels located on Moran View Road will not be affected unless development takes place near
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those parcels. He said the possibility of any type of development will take at least 15 years and
depending on the type of development the road may or may not need to be widened. The residents
on Moran View Road will not be required to connect to city water and sewer unless their septic
tanks fail or the Health Department requires them to connect to the service lines due to health
concerns.
Public Works Director Davidson explained the projects are facilitated when growth occurs. Mack
Shirley said his neighbors are concerned about not having a vote or say in the decision to include
their properties in an Urban Renewal District. He questioned if property owners may give their
input before the district is formed. Mayor Merrill explained the Urban Renewal Board meets every
month and follows the open meeting laws and is made up of community members.
Richard Horner said all of the projects cannot be completed without the ownership of the right of
way. If the city and county do not own the right of way, it will need to be purchased from the
property owner.
David Klingler asked if there will be any construction costs assessed to the residents on Moran
View Road when the road is widened to include sidewalks, curb and gutter. Public Works Director
Davidson explained if the Urban Renewal Board decides a road needs to be widened before
development occurs, the right of way would need to be purchased from the property owners and
the improvements to the road would be paid by the property owners. He continued to explain that if
it is a development needing the road to be widened the developer would burden the costs of the
improvements including the purchase of the right of way. He used the Wal-Mart development as an
example. When the Wal-Mart representatives decided to move the store north to its current location
they bore the costs to the infrastructure improvements. The city only paid a proportionate cost of
the traffic signal.
David Klingler expressed his concerns with the possibility of the city annexing his property
followed by creating a Local Improvement District (LID) and having his property assessed to pay
for the infrastructure improvements. He refuses to pay for any of the infrastructure improvements
at any time.
Roger Muir expressed his concerns with not having a county commissioner on the Urban Renewal
Board. He questioned why Resolution No 2020 – 23 Intergovernmental Agreement for the North
Central Urban Renewal Plan was approved before the public hearing. Mayor Merrill replied the
resolution needed to be ratified, approving the agreement with the county. The public hearing is
held to allow public comment to determine whether or not to move forward with the new Urban
Renewal District.
Mayor Merrill addressed Mr. Klingler’s question regarding annexations. Generally, if a developer
purchases a large section of property and requests annexation, the City Council will consider the
request. A public hearing for the annexation of the property would be held. Mayor Merrill clarified
Local Improvement District are separate from Urban Renewal Districts.
Discussion regarding other funding sources for Urban Renewal Districts needing infrastructure
improvements before development occurs such as bonds. Finance Officer Nielson explained when
taxing districts submit for a bond and the bond passes, Urban Renewal will not receive any of those
funds. The estimated costs in the list above are Urban Renewals contribution to those projects, it is
not the estimated cost of the project.
Mayor Merrill opened the Public Hearing
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Public Testimony in favor of the proposal (5-minute limit):
Mack Shirley said Urban Renewal is a process of give and take. As citizens, they may need to give
for the betterment of the community. The whole concept of Urban Renewal is a way of improving
the community, city and county. Everyone is aware of the traffic congestion on 2nd East. The
proposed projects in this new district will help to alleviate that congestion. After ten years of
working as a legislator he understands the importance of Urban Renewal. There are many projects
that would not have been completed without Urban Renewal.
Public Testimony in neutral to proposal (5-minute limit):
Roger Muir said initially he was opposed to the new district because there were some
miscommunication with the information the Urban Renewal Board sent to the land owners in the
proposed district. He questioned the 5th West extension project and the possibility of the state
allowing a river crossing. He is doubtful permission will be granted to the city in the next 20 years.
The sources of funding for the projects are also of concern. The school district will maintain their
increase in funding from taxes; however, the Library District, Cemetery Districts, Mosquito
Abatement and several other districts will not maintain their increase. An Urban Renewal District
cuts their increase in funding which he feels is unfair.
Council Member Flora said she understands Mr. Muir’s concerns regarding the decrease in the
taxing districts he mentioned; however, many of the projects planned for this new district are in the
county. These are some of the projects the county has desired to complete; however, funding would
not allow them to begin these projects. The funds collected for this new district will allow the
county to budget for these projects. The County Commissioners were highly involved in the
planning process for the new district and they approved the formation of the district and the plan
for the district.
Discussion regarding the County Commissioners past and present involvement in the Urban
Renewal Districts. Richard Horner said once a seat on the Urban Renewal Board is available a
County Commissioner will fill the seat. The County Commissioners have been attending the board
meetings regularly.
David Klingler said he, too, was initially opposed to the new Urban Renewal District; however,
tonight’s meeting has been informative and many of his questions have been answered. He said he is
still concerned there will be some type of expense passed down to the property owners in the
district for infrastructure improvements. He would prefer a written guarantee from the city stating
the property owners will not be responsible for infrastructure improvements. He understands the
importance of Urban Renewal, it assists with infrastructure and growth; however, the projects need
planned and managed in a way that is cost effective to avoid the expense from being placed on the
property owners.
Doug Sakota asked for the date of when the 20 year plan for the North Central Urban Renewal will
begin? Mayor Merrill said the date would be begin on January, 1st 2020. The revenues will not start
to accumulate until the year 2021.
Public Testimony opposed to the proposal (5-minute limit):
Layne Ball said he owns farm land about one mile north of the proposed Moody Road Overpass.
He asked why smaller parcels of property are included in the Urban Renewal District. Public Works
Director Davidson explained if a property is not in the Urban Renewal District, funds cannot be
spent on that property. Mr. Horner mentioned the list of projects are listed by priority and the
Moody Overpass is one of the last items on the list.
Greg Ball said he is opposed to having his property included in the new Urban Renewal District. A
map of Mr. Ball’s property was shown on the overhead screen. Mr. Horner said an Urban Renewal
District does not infringe on property rights. Thelma Ball said there was misconception of what an
Urban Renewal District is and what it means to have your property included in one. She asked for
better communication between the Urban Renewal Board and the property owners.
Mayor Merrill referenced written correspondence the city received by residents regarding tonight’s
public hearing. The letters can be viewed at www.rexburg.org under Agendas & Minutes tab
referencing today’s date of November 18th, 2020.
Mayor Merrill closed the Public Hearing for deliberations.
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Council Member Flora explained the intent of Urban Renewal is to improve the community
without having to increase taxes. Thelma Ball asked if the property owners will be informed by the
developers before a project begins. Mayor Merrill replied yes, the developer is required to notify
surrounding property owners of their proposed development and public hearings will be held.
Council Member Johnson moved to approve Ordinance No. 1242 North Central Urban Renewal
Plan and consider first read; 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
Public Hearing 7:00 P.M. Resolution No 2020 – 21 Fee Changes
Finance Officer Nielson reviewed the changes to city fees. There is a new fee for the Water
Department of $1000 for unauthorized tapping of city’s water line.
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Mayor Merrill opened the Public Hearing
Public Testimony in favor of the proposal (5-minute limit):
Public Testimony in neutral to proposal (5-minute limit):
Public Testimony opposed to the proposal (5-minute limit):
Mayor Merrill closed the Public Hearing for deliberations.
Council Member Mann moved to approve Resolution No. 2020 – 21 Fee Changes; 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
Ordinance No 1243 Establishing Standards for Face Coverings in Public Places With a
recommendation to Suspend the Rules and Consider it Third Read
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The Proposed Ordinance No. 1243 was viewed on the overhead screen for City Council’s review.
Mayor Merrill said the proposed ordinance is in response to Governor Little moving the state back
to stage two of the Covid-19 Pandemic mandates. The purpose of the ordinance is to help stop the
spread of the virus. He said the end goal is to keep businesses open and available to the public. He is
asking the business owners to make a reasonable effort to assist by encouraging their customers to
wear face covings. Some of the consequences of not following the mandates already in place include
the closing of businesses and university.
Council Member Walker said if a business desires for their patrons to wear a face mask to shop in
their store, the customers should wear a face mask. The business should not be forced to make their
customers wear a face mask. Some businesses are already struggling to stay in business. The
proposed penalties of this ordinance will make it more difficult for businesses to continue to
operate. He said he is against the proposed ordinance because there is already a face mask mandate.
Mayor Merrill said the intent of the ordinance is not to require businesses to turn their customers
away, it’s to allow business to enforce the face mask mandate.
Council Member Flora said there is already a law in place requiring face masks be worn in public
places from the Health Department and the city desires to support the Health Department. She
questioned the reason why the Health Departments face mask mandate is not being enforced.
Mayor Merrill said if the city were to pass the ordinance there would be consequences of not
following the face mask mandate.
City Attorney Zollinger said the proposed ordinance was drafted similar to the ordinance the City
of Driggs passed eight months ago and similar to the one the City of Pocatello will be discussing at
their next meeting. The ordinance requires businesses to demonstrate reasonable efforts to enforce
the face mask mandate. This ordinance does not add new restrictions, it clarifies how those
restrictions will be policed locally.
Council Member Johnson clarified as long as businesses put up a sign on their entrance door
requiring face masks be worn and masks are provided for their customers, that is a reasonable
demonstration of effort to enforce the Health Department’s face mask mandate. She said the section
of the ordinance stating the business’s registration will be cancelled for failure to comply with the
face mask mandate seems harsh. She is in support of the face mask mandate; however, she disagrees
with the cancellation of a business registration for non-compliance of the face mask mandate. City
Attorney Zollinger said the cancellation of a business registration for non-compliance of city laws is
already an existing provision.
Council Member Busby reiterated Council Member Walker’s comment, he too is not in favor of
the proposed ordinance. He doesn’t believe it’s a business owner’s responsibility to enforce the face
mask mandate. He said he wears a mask to work every day because his employer asked him to wear
a mask. Mayor Merrill’s efforts to educated the public and encourage them to wear face masks has
been admirable and he is aware the number of Covid-19 cases will increase during the holidays with
many residents traveling.
Council Member Flora asked about Madison Memorial Hospital. She has heard the hospital has
not been able to complete elective surgeries. Is the hospital staff being able to handle the current
needs of the community?
Madison Memorial Hospital Public Relations Director Doug McBride explained hospitals in
Idaho are hitting significant stressor points meaning when a nurse is unable to work due to
contracting the virus, the shift that nurse would be working is now short staffed and it is taxing on
the hospital. There are a lot of resources that go into taking care of Covid patients. Some of those
resources include: nursing staff, equipment, doctors, etc. There are additional concerns with the
winter months being busy for hospitals without the addition of the pandemic. The surrounding
hospitals are at capacity with Covid patients; however, Madison Memorial Hospital is doing fairly
well considering the increase in patients. This is due to the unique dynamic of residents in the city.
The most concerning for Madison Memorial Hospital is that the surrounding hospitals are being
taxed with a large amount of Covid patients, which could easily overload Madison Memorial as they
accept patients from those hospitals. He said any type of prevention to assist in stopping the spread
of the virus is desired.
Mr. McBride said the hospital generally sees about two to six Covid patients. There are hospitals
such as the one in Salmon, Idaho that needed to transfer their patients to other hospitals due to the
lack of capacity. There is a possibility that most of surrounding hospitals in are area could be
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overloaded with patients. Madison Memorial Hospital has an affiliation with the University of Utah
Hospital; however, at one point they too were not taking patients from other hospitals due to the
overload of Covid patients.
Council Member Wolfe asked for the number of Covid cases the hospital has seen. Mr. McBride
said he did not have the number of Covid cases seen at the hospital. The daily number of Covid
patients fluctuates daily. Council Member Flora asked if the hospital has not been able to complete
elective surgeries. Mr. McBride replied yes, there was a point where elective surgeries were not being
completed.
Council Member Johnson said she is in support of the ordinance; however, the wording in the
ordinance needs to be clearer. She doesn’t agree it’s the businesses’ responsibility to police residents,
it’s the resident’s responsibility to wear a face mask when entering a public place. If there is going to
be a fine, the fine should be assessed to the individuals who are not wearing a face mask when
entering a public place and not to the business they entered.
Council Member Flora thanked the residents that submitted letters regarding the proposed
ordinance. After reading most of the letters, she realized there is a division among city residents, half
of the residents are in favor of mandating face masks which there already is a mandate in place, and
it is a law to wear a face mask in public places. The other half of the residents are against having to
wear a face mask in public. She said the part that is most bothersome to her is that community
members on both sides of the issue have not been nice. One side is stating City Council has not
done their part in trying to protect the vulnerable and the other side is stating City Council is over
stepping and their motives are not correct; however, this is incorrect. Mayor Merrill has been
encouraging residents to wear face masks and reporting on the number of Covid cases every day.
She is saddened that City Council Members needed to be escorted by police officers into tonight’s
meeting. There is no respect for the many efforts the city has completed to encourage residents to
wear face masks. The current face mask mandate should be supported and the businesses need to do
their part to support the mandate. The threatening language of the ordinance needs to be reviewed.
As a community we need to come together, be kind and stop the blaming.
Mayor Merrill said the city has received a lot of public comment via email. Council Member Mann
said he is in support of a face mask ordinance similar to the one proposed back in July. He is not in
favor of the ordinance being proposed tonight. Council Member Johnson said she is frustrated with
the twenty-four hour time frame to consider the ordinance. She said there were threats made tonight
and she prefers not to revisit a face mask ordinance if a decision is not made tonight. Mayor Merrill
said there isn’t sufficient City Council support for the ordinance as drafted and will not be voted
upon.
Committee Liaison Assignments for 2020:
A. Council Member Mann: M.E.P.I. · Legacy Flight Museum · Planning & Zoning
Council Member Mann reported his committees did not meet.
B. Council President Busby: Cultural Arts/Museum · School Board · M.U.S.I.C.
Council President Busby reported his committees did not meet.
C. Council Member Walker: MYAB · Emergency Services · Traffic & Safety
Council Member Walker reported the Mayor’s Youth Advisory Board met two weeks ago and have
canceled their meetings until December. The Traffic and Safety Committee met to discuss some traffic
issues near the Madison High School and on 7th South. A decision regarding the traffic issues at both
locations was not reached at the meeting. The Emergency Services Board met. They have been busy with six
structure fires in the last two weeks and three of the structures were a complete loss. The Nedrow Moody
Creek Potato Warehouse in Sugar City was burnt to the ground. It was completely engulfed in fire when
they arrived. There was a trailer fire in Lyman it was also completely engulfed in fire when they arrived.
There were out-buildings in Sugar City that were burnt to the ground and a kitchen fire in Burton. The
Emergency Services also participated in mutual aid with the Jefferson Fire Department in Ririe to help put
out the fire at the Idaho Pacific Potato Processing plant.
Council Member Walker continued to report on the Emergency Services Board. In the summer,
Emergency Medical Services (EMS) was behind by about 400 calls from last year; however, they have caught
up on the number of calls and will exceed last year’s emergency calls. They are also in the process of hiring
two full time employees due to two staff members quitting to join other ventures. The Fire Station is still
closed to the public; however, they are performing rapid Covid testing for city hall employees and county
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employees. He said due to the work load, EMS employees are having a difficult time taking vacation. Some
of the employees may not have an opportunity to use their vacation time. A fire truck was sent to Reno,
Nevada for structure protection from a wildland fire. The wildland fire revenue will possibly exceed one
million dollars this year.
D. Council Member Johnson: Trails · Beautification · Rexburg Free Clinics Board
Council Member Johnson reported the Trails Committee continues to work on surveying the city
residents on where they would prefer bike lanes to be added to city streets. The Rexburg Free Clinic is
hosting a donation drive on Saturday at the old Madison Jr. High Building. They are collecting clothing,
furniture and décor. They will be selling the donated items in the spring and all of the proceeds will go to
the clinic to continue to provide medical assistance to their clients.
E. Council Member Flora: Parks & Recreation · Urban Renewal Agency · GIS Oversight
Council Member Flora reported the Parks Department has been busy working to complete the baseball
quad and Dog Park. They were also kept busy cleaning up trees that fell down due to the recent wind storm.
The Parks Committee met, there were several new members added to the committee. The Recreation
Department has continued with the programs by limiting the number of spectators allowed into the games
due to the states guidelines regarding Covid. Kidsburg has not opened due to Covid. The city was awarded a
grant for Nature Park. The grant funds will be used to install swings and to fix equipment located at the
park.
F. Council Member Wolfe: Airport Board · Golf Board · Police
Council Member Wolfe reported the Golf Board met and the Police Department is doing well.
Staff Reports:
A. Finance: - Matt Nielson
1. Finance Report
Finance Officer Nielson said he will not personally review the Monthly Financial Reports; however, they
are available online for review.
2. Budget Adjustment for the Nature Park
Finance Officer Nielson reviewed the Budget Adjustment for the Nature Park.
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Council Member Mann moved to approve the Budget Adjustment of $238,700 for the Nature
Park; 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
3. Budget Adjustment for Open Counter Software Maintenance Fees - Years Two and Three
Finance Officer Nielson reviewed the Budget Adjustment for the Open Counter Software Maintenance
Fees Years two and three.
Council Member Johnson asked for the cost savings by paying for the first three years up front. Finance
Officer Nielson replied the cost of the software for one year is $28,000 and the cost for two years if paid up
front is $19,546.
Council President Busby moved to approve the Budget Adjustment of $24,600 for the Open
Counter Software Maintenance Fees - Years Two and Three; 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
B. Planning and Zoning: - Alan Parkinson
1. Discuss Hiring Planner I Position
i. Budget Adjustment from Planning and Public Works
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Planning and Zoning Administrator Parkinson explained in May of this year he submitted to the
Oversight Committee the Planner I Position; however, due to the uncertainty of the city’s financials due to
Covid, the hiring of the position was delayed. When Planning and Zoning Administrator, Val Christensen
retired, many of his duties were distributed to other city departments. Those duties are needing to be moved
back to the Planning and Zoning Department. Asset Management System Administrator, Faron Young,
completed an analysis of some of the duties that have been carried on including: site plan reviews, physically
inspecting the site and development code checks. He said there is a need for this position. In the meeting
with the committee, Public Works Director Davidson indicated Mr. Young would need additional help with
the city’s asset management software. When and if this position is approved the Planning Technician
Position would be terminated to offset the cost of the Planner I Position.
Council Member Flora said she attended the Oversight Committee meeting where the financing of the
Planner I position was discussed. The committee members were hesitant in approving the position. After,
city staff explained the reasons why the positon is needed, the committee was confident in approving the
position. The position will allow the Planning and Zoning Department to move forward in an efficient
manner.
Council Member Mann said he, too, attended the Oversight Committee meeting and was concerned about
the cost of the position, especially when including the Budget Adjustment for the Open Counter Software.
Council Member Wolfe said the position will also eliminate the issue of having only one city employee
knowledgeable in the City Works Program.
Council Member Walker asked if the Budget Adjustment for this position is approved, how much funds
will be left in contingency? Finance Officer Nielson replied there is about $133,000 available in contingency
and it would take about $28,000 from the General Fund leaving about $105,000 in contingency. The total
cost increase annually for the position is about $52,000. The Budget Adjustment is for three quarters of the
year because the hiring process will not begin until January.
Council President Busby moved to approve the Budget Adjustment of $93,300 from Planning and
Public Works; 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
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C. Public Works: - Keith Davidson
1. Local Improvement District (LID) 49 Final Engineering Report; Set Public Hearing to Finalize LID
49 on December 2, 2020 at 6:50 P.M.
Public Works Director Davidson reviewed the engineering report.
Council Member Flora moved to approve to set a Public Hearing to Finalize LID 49 on
December 2, 2020 at 6:50 P.M.; 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
2. Resolution No 2020 – 25 Increase City Participation for Local Improvement Districts
Public Works Director reviewed Resolution No. 2020 – 25 to increase the city’s participation in
the cost of Local Improvement Districts.
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Kristy Bennion questioned how this resolution will affect property owners when their property is
included in a Local Improvement District (LID). Public Works Director Davidson explained the
city’s participation will change from a fixed amount to a percentage, which is 30%. Mayor Merrill
said the reason for the change from a flat fee to a percentage is to stay in line with construction
costs.
Mrs. Bennion asked if the property owners have the ability to hire a contractor of their choosing to
replace the sidewalk, curb and gutter. Public Works Director Davidson said the property owner can
hire a contractor to replace their sidewalk; however, not the curb and gutter portion, when the city is
completing a street reconstruction on an LID. If a resident desires to replace their sidewalk, curb
and gutter and the street isn’t being reconstructed, they can hire a contractor. Finance Officer
Nielson clarified when a resident is desiring to replace their sidewalk, curb and gutter and it is not
included in an LID the city’s participation would be a fixed amount, when it’s on an LID the
percentage amount will be applied.
Council Member Wolfe moved to approve Resolution No 2020 – 25 Increase City Participation
for Local Improvement Districts; 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
Mayor’s Report and Business:
Mayor Merrill reported he has been attending several webinars from the Idaho League of Cities.
Calendared Bills:
A. Second Reading: Those items which have been first read: NONE
B. Third Reading: Those items which have been second read: – Ordinance No 1241
Development Code Ordinance 1200 Amendment – Amendments to Subdivision Process and
Associated Sections to Align With These Amendments; New Lot Line Adjustment Section #20-
00715 – Alan Parkinson
Council Member Johnson expressed concerns with the public not being able to review the plat
before they are approved. Planning and Zoning Administrator Parkinson explained the proposed
amendments will not inhibit the public or City Council from reviewing the plat. He said the process
still includes city staff review, public meetings and a decision from the governing boards. If there are
any types of modifications to the plat, those modifications will need to be approved by City Council.
Council Member Flora also expressed concerns with eliminating the preliminary plat process.
Planning and Zoning Administrator Parkinson said when the one plat is presented to City Council
for a decision, City Council will have the opportunity to request modifications to the plat. He asked
City Council to keep in mind the amendments only affect subdivision and plats. Council Member
Flora read a city residents concern with the amendments “It leaves the public and the neighbors out
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of the process until it is basically too late”. Planning and Zoning Administrator Parkinson said the
resident’s statement is incorrect. The public will have the opportunity to participate in all of the
public meetings held regarding a development before final approval.
Discussion regarding the preliminary plat process. Council Member Mann said he disagrees with the
amendment to remove the preliminary plat process. City Council should be more involved in the
plat process not less involved. Planning and Zoning Administrator Parkinson said the amendment
would allow the subdivision and plat process be condensed; however, the requirements would
remain the same.
Council Member Walker moved to approve Ordinance No 1241 Development Code
Ordinance 1200 Amendment – Amendments to Subdivision Process and Associated Sections to
Align With These Amendments; New Lot Line Adjustment Section and consider third read; Council
Member Wolfe seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora Council Member Mann
Council Member Johnson
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
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 November 4, 2020 meeting
B. Approve the City of Rexburg Bills
C. Beer & Wine Licenses for 2021
Council Member Flora moved to approve the Consent Calendar containing the minutes, city bills
and 2021 Beer & Wine Licenses; Council President Busby 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
Adjournment 10:09 P.M.
APPROVED:
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Jerry Merrill, Mayor
Attest:
_______________________________
Marianna Gonzalez, Deputy City Clerk