HomeMy WebLinkAboutCouncil Minutes - January 18, 2023
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Mayor Jerry Merrill
Council Members:
Robert Chambers Jordan Busby
Mikel Walker Tisha Flora
Colin Erickson 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 (0:02:21)
Council President Busby said the prayer
Council Member Johnson led the pledge
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Johnson, Council Member Chambers, Council
Member Erickson, Council Member Walker, Council President Busby and Mayor Merrill
Presentation: Up Entertainment Event Planners (0:04:57)
Indigo Shuman Curtis said he is a representative of Up Entertainment and is interested in holding events
at the Zone. Some of the type of events they are planning are for college-aged individuals; however, they
would also collaborate on events to bring the college students and city residents together. Mr. Curtis said
safety at these events is their top priority.
Isaiah Elias said the events they sponsor are wholesome and since he is a local resident, he would like to
maintain a good reputation. He reiterated safety at their events is their main priority.
Mr. Curtis explained they could plan community and charitable events; however, their main events are
dance parties because those are the type of events the college students are interested in attending. During
the promotional stage of the event, they will inform guests of security procedures such as bag checks.
Council Member Flora asked for an example of when something went awry at one of the Up
Entertainment Events, how they handled the mistake. Mr. Elias explained they have caused damage to a
venue; however, they repaired or replaced the damage within 24 hours. At the Zone, the restrooms are in a
separate section of the building from where the dance floor is located so they would prefer to have port-a-
potties outside the building. Council Member Flora asked how they would handle inappropriate things
happening at any of their events. Mr. Curtis said they had to ask people to leave the event due to sneaking in
alcohol and marijuana. They had to ask people to leave due to inappropriate dancing.
Council Member Erickson asked Mr. Elias for the prior name of their company. Mr. Elias replied the
previous name of his company was Underground Potato. They have held 12 events in the last two years.
Council Member Flora mentioned the Councilmembers had decided not to hold dances at any of the city
venues several years ago due to some of the issues that they mentioned tonight. Mr. Elias said his core
business practice is professionalism. He has been a music DJ for many years. He DJs for several area high
school dances and he has been able to keep them as clients due to his professionalism.
Council Member Flora said another issue that may occur is if the city allows one organization to host a
dance party, by law, they will have to allow all organizations to host events at the Zone. Recreation Facilities
Manager Jon Lewis said city staff could develop a screening process so that the city is able to deny an event
that does not meet the established requirements. Council Member Johnson asked about the city ordinance
in place that would allow city staff to create a screening process that would not be discriminatory. City
Attorney Zollinger said the Councilmembers discontinued the rental of the Zone due to unfavorable results
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
January 18, 2023
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of the previous events. Council Member Johnson asked since it was a formal decision by the city to stop the
use of the Zone for private use, will it be a formal City Council decision to reinstate the use of the Zone by
private companies.
Council Member Walker said he is in favor of giving Up Entertainment Event Planners the opportunity
to hold their event and if the results are unfavorable then City Council can stop the rental of the Zone again.
Council Member Flora said she would prefer to review the vetting process of the private companies before
allowing the rental of the Zone again. Council President Busby said he is in favor of allowing the rental of
the Zone and holding the company accountable to the law. Council Member Erickson suggested requiring
Up Entertainment Event Planners to pay two Rexburg Police Officers to patrol the event.
Recreation Facilities Manager Lewis said the rental of the Zone to event planners would be a good
revenue source for the facility; however, the Councilmembers have not decided whether to or not to
continue leasing the Zone. Recreation Director Crowther explained the usage of the Zone is similar this year
to last year. There are more sports groups renting the Zone this year versus last year. In case they decide not
to lease the Zone, he is trying to find alternative locations to host the programs utilizing the Zone. He has
not been successful in finding alternative locations.
Recreation Director Crowther said not knowing if the Zone is going to be leased puts the Recreation
Department in an awkward situation of not knowing where to focus the city’s resources and what to expect
for next year. Council Member Johnson asked what the next step is in the decision-making process for the
continued lease of the Zone. Mayor Merrill replied the next step would be during the budget process, when
City Council reviews the revenues and expenses of the Zone. Mayor Merrill said the rental of the Zone by
event planners would help to generate revenue to provide a location for youth programs with less subsidy
from the city. Finance Officer Nielson explained the lease of the Zone is currently on a month-to-month
basis.
Public Comment: Limit 3 minutes; issues may be considered for discussion on a future agenda.
Please keep comments on point and respectful. (0:36:25)
Corey Barnard expressed his gratitude for the city’s Engage Rexburg website and Comprehensive Plan
Map. The city is currently working on changes to the Comprehensive Plan Map. He foresees an issue while
working on the changes to the plan map. He believes, over time, the governing bodies are not listening to
input from the community members in a satisfactory manner. The common response from the city’s
governing bodies is that they do what the statute says that they must do. Last night, he read the City of
Eagles’ Planning and Zoning Commission meeting minutes regarding the annexation on Highway 55
outside of Eagle. Their Planning and Zoning Chairman said the commission would only meet until 10:00
P.M. that night; however, the chairperson stated, “the commission will repeat this process until the
community felt like it has had its opportunity to be heard, listened to and vetted thoroughly”. Mr. Barnard
said after reading that statement he felt he needed to share it with the City Council.
Mr. Barnard said he knows population growth has inundated the city with an enormous amount of work
over the last 20 years such as infrastructure demands and a five-fold increase in the population of students.
As a community member, he understands those demands; however, he believes the Planning and Zoning
Commission needs to work harder to include the community members in the planning of the city’s future.
Mayor Merrill said there are many times when the city advertises for public input; however, most of those
times citizens do not come to the meetings. As a City Council, they take as much input from community
members as possible; however, some community members believe because the City Council did not decide
the way the community members desired, they believe City Council did not listen to them. When in fact the
City Council does listen to the community members, they just might not have agreed with them on a
particular decision.
Council Member Johnson said she had a similar complaint from several community members regarding
the Lego Planning Exercise at one of the Planning and Zoning meetings. They felt they were not able to
voice how they really felt because they felt overpowered by some of the city staff and developers. She asked
Mr. Barnard if he has suggestions on what the City Council could do so that community members feel heard
regarding their concerns. Mayor Merrill asked Mr. Barnard to email his suggestions of what the City Council
could do better so community members feel heard about their concerns.
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Items from City Council: (0:42:56)
Council Member Walker reported the Fire Department is starting the paramedic course in February. They
underwent an entire vetting process through a national organization and passed. The Madison Fire
Department will be the first Fire Department in Idaho to have the approved paramedic course.
Council Member Walker reported on “The Tandem Tour” PEOPLE NEED PEOPLE! Event presented
by The League of Idaho Cities to the Mayor’s Youth Advisory Board two weeks ago. They taught
middle/high school aged youth and adults in the city to work in tandem and shine light on Mental Health
Awareness, Drug & Alcohol Abuse Prevention, Suicide Prevention, and Youth Leadership. Mayor Merrill
said the MYAB also helped with the Readers become Leaders book-reading event.
Council Member Flora said the Urban Renewal Agency met today to discuss the Downtown District.
They had discussion on all Urban Renewal Districts; however, they are focusing more on the Downtown
District.
Council President Busby asked if the Recreation Department has set a date for the WinterFest Event.
Mayor Merrill said the Winter Fest Event is scheduled for Saturday January 28th, from 11 A.M. to 6:00 P.M.
at the Teton Lakes Winter Park. There will be cross-country skiing, ice-skating, and a polar bear plunge.
Staff Reports: (0:47:45)
A. Finance: – Matt Nielson
1. Financial Reports
Finance Officer Nielson reviewed the Cash & Investment Balance Report. He asked the Councilmembers
to keep in mind the city dips into the cash starting in the fall and into January. The city will receive the first
property tax payment next week and it will be around 2.8 million dollars. He keeps the reserves high to get
through the periods of the end of fall into the beginning of the New Year.
Finance Officer Nielson said the investments in the one-year term shows the city is receiving close to a
5% return. The Finance Department is starting to ladder the two-to -four-year range investments. The return
on the two-to -four -year investments is four to 4.5 percentage. They are predicting the return rates will drop
within a few years. He said to give the Councilmembers an idea of how much the market has changed in the
LGIP, which is next day cash for the city. There is 8 million dollars the city can get to within one to two
days. As of January of 2022, the LGIP percentage rate has changed from .14% to 3.09% return . In the State
Diversified Bond Fund, the rates have increased from 1.41% to 4.55%.
B. Information Technology: – Todd Smith (1:04:28)
1. Broadband Project Update
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IT Director Smith reported he is working with Calix to procure the networking equipment for the fiber
huts. Economic Development Director Johnson is working on the retail space for the Lightbridge
Community Broadband Center so that it is fit for occupancy.
IT Director Smith said he would like to focus on the Lightbridge survey that WideOpen Networks sent
out to the citizens of Rexburg and Madison County in December for the potential take rates. He believes
the citizens threw away many of the survey mailings because they might have thought it was junk mail.
They will be sending out the surveys again with different brandings. The new branding will make the
mailing look obvious that it is coming from the city and county. There were 289 survey responses and 184
of those responses were from city residents.
IT Director Smith reviewed the areas on the map with the dots indicating where the survey responses
came from. The city’s Cresthaven and Henderson subdivisions had a good response rate.
IT Director Smith reviewed the graph below, which indicates how residents responded to the question in
the survey about how likely they are to purchase services from Lightbridge.
IT Director Smith reviewed the graph with the current price for the existing internet services pricing.
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IT Director Smith reviewed the graph with the service speed that most residents would be interested in
purchasing.
C. Public Works: – Keith Davidson (1:09:59)
1. Resolution 2023 – 02 Idaho Airport Aid Crack Seal Grant Agreement Project No AIP023
Public Works Assistant Justin Beard reviewed Resolution 2023 – 02, pertaining to the Idaho
Transportation Department awarding a grant to the city to crack seal the airport runway.
Resolution for a Grant Agreement with Idaho Transportation Department for Crack Seal Repair at the Rexburg-
Madison County Airport Project No. AIP023
Resolution No 2023 - 02
Exact from the minutes of a regular meeting of the City Council of City of Rexburg held on January 18, 2023.
Mayor Jerry Merrill, introduced the following Resolution, was read in full, considered, and adopted:
Resolution Number 2023 - 02 of City of Rexburg, Idaho accepting the Grant Offer of the State of Idaho through
the Idaho Transportation Department, Division of Aeronautics, in the maximum amount of $10,776.83 to be used
under the Idaho Airport Aid Program, FS Program number: F238RXE, Project number: AIP023 in the development
of the Rexburg-Madison County Airport; and
Be it resolved by the Mayor and City Council of City of Rexburg, Idaho (herein referred to as the City as
follows:
Sec. 1. That the City shall accept the Grant Offer of the State of Idaho in the amount of $10,776.83, for the purpose
of obtaining State Aid under FS Program Number: F238RXE, Project Number: AIP023 in the development of the
Rexburg-Madison County Airport; and
Sec. 2. That the Mayor of the City of Rexburg City Council is hereby authorized and directed to sign the statement of
Acceptance of said Grant Offer (entitled Acceptance) on behalf of the City , the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the official seal of the City on the aforesaid statement of
Acceptance; and
Sec. 3. A true copy of the Grant Agreement referred to herein be attached hereto and made a part thereof.
Passed by the City Council and approved by the Mayor this ___ day of January 2023.
___________________________________
Jerry Merrill, City of Rexburg Mayor
ATTEST:
Deborah Lovejoy, City Clerk
CERTIFICATE
I, Deborah Lovejoy, City Clerk, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No.
2023 - 02 adopted at a regular meeting of the City Council held on the 18th day of January 2023, and that the same is
now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of the City, this 18th day of
January 2023.
___________________________________
Deborah Lovejoy, City Clerk
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Council Member Chambers moved to approve Resolution 2023 – 02 Idaho Airport Aid Crack Seal
Grant Agreement Project No AIP023; Council Member Erickson seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora none
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried
2. Bid acceptance for a Sanitation Truck Chassis (1:11:56)
3. Bid acceptance for a Sanitation Truck Body
Public Works Assistant Beard reviewed the bids received for the Sanitation Truck Chassis and body.
Council President Busby moved to approve the Low Bid of $147,887.22 from Schow’s Truck Center
for the Sanitation Truck Chassis and Low Bid of $127,400 from SEC for the Sanitation Truck Body;
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 Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried
4. Bid acceptance for Barney Dairy Park Bridge
Public Works Assistant Beard reviewed the bids received for the Barney Dairy Park Bridge. They would
build the bridge over the irrigation canal from Barney Dairy Road into the new park. The bridge is a two-
way vehicle traffic with a sidewalk on one of the sides of the bridge. Mayor Merrill asked Finance Officer
Nielson about the budget for the bridge. Finance Officer Nielson explained there was a small budget for
the bridge; however, the City Council approved a budget adjustment when the design work with MGBA
was presented. The MGBA design work is likely to take several years so he does not have a concern with
moving forward with the costs of the bridge.
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Council Member Walker moved to approve the Low Bid of $167,694.50 from DL Beck for the Barney
Dairy Park Bridge; 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 Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried
Mayor’s Report: (1:28:44)
Economic Development Director Johnson thanked IT Director Smith for all the work he has completed
on the city’s broadband project. He questioned how the city could get residents to engage in the different
aspects of planning. He said most residents do not get involved until a decision affects them. The city has
tried to inform citizens by social media posts and newspapers.
Economic Development Director Johnson said Mayor Merrill tasked him and other city staff to develop
a better way for citizens to share their ideas with the city. They came up with the Engage Rexburg online
participation platform. The Engage Rexburg platform is interactive, and ideation geared. They have received
some feedback from the community members on the platform. Council Member Johnson said she has seen
some complaints on the platform and questioned who responds to those complaints. He said his
department assigns the complaints or questions to the overseeing department. The overseeing department
responds to the complaints and questions.
Economic Development Director Johnson reviewed the Engage Rexburg website and some of the
project’s city staff is working on throughout the city.
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Council Member Flora suggested some of the questions on the website be posed; such as, would you like
to know about the city’s Transportation Plan, click here. By adding the posed questions it creates more
engagement from the community members. Council President Busby suggested prizes be awarded to
encourage more citizens to sign-in to the website.
Public Hearing 7:00 P.M. Final Assessment Role for Local Improvement District 51 (LID 51).
Designated as Ordinance No 1296 if motion passes and considered first read – Keith Davidson (0:51:03)
Mayor Merrill opened the public hearing.
Public Testimony in favor of the proposal (5-minute limit): None
Public Testimony neutral to the proposal (5-minute limit): None
Public Testimony opposed to the proposal (5-minute limit):
Tracy Olson said the LID has caused a great burden for her household. She had budgeted a certain amount
of money for this project and her husband completed a lot of the work. Their driveway still needs to be
completed; however, their garage is two inches below the sidewalk. She said with the garage being below the
sidewalk, it will cause the water from the melting snow to flood their basement and garage. They were not
expecting the costs to raise their garage and haul in dirt to keep the water away from their house.
Brandon Olson expressed his frustration with the lack of engineering aspects considered with LID 51
causing the burdensome situation with his home and property. Mayor Merrill said there have been several
internal discussions regarding the gravity of the situation of Mr. Olson’s property. He said city staff would
work with Mr. Olson to fix the issue.
Mayor Merrill closed the public hearing.
Council President Busby moved to approve Ordinance No 1296 the Final Assessment Role for
Local Improvement District 51 (LID 51) and consider first read; 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 Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried
Item for Consideration: (1:17:26)
A. Planning & Zoning recommendation to rezone 2 parcels on Handcart Ln, parcel numbers
RPRPNRV0020010 and RPRPNRV002002A, from High-Density Residential 1 (HDR1) to
High-Density Residential 2 (HDR2) Zone – Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed the city staff report for the rezone request of
two parcels on Handcart Lane, parcel numbers RPRPNRV0020010 and RPRPNRV002002A, from High-
Density Residential 1 (HDR1) to High-Density Residential 2 (HDR2) Zone. He recommended the
suspension of the third read for this ordinance. Council Member Walker said he owns a business near this
property and believes this rezone would be a good fit for the area. Council President Busby expressed his
concerns with parking in this area due to the apartment parking ratios and it being a high trafficked area.
Discussion regarding parking on city streets.
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Council Member Walker moved to approve to suspend the rules for Ordinance No 1297 to
Rezone two parcels on Handcart Ln, parcel numbers RPRPNRV0020010 and
RPRPNRV002002A, from High-Density Residential 1 (HDR1) to High-Density Residential 2
(HDR2) 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 Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried
Council Member Erickson moved to approve Ordinance No 1297 to Rezone two parcels on
Handcart Lane, parcel numbers RPRPNRV0020010 and RPRPNRV002002A, from High-Density
Residential 1 (HDR1) to High-Density Residential 2 (HDR2) Zone and consider third read;
Council Member Chambers seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora none
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried
Calendared Bills: (1:25:57)
A. Second Reading: Those items which have been first read:
1. Ordinance No 1295 Intent to Create Local Improvement District 52 (LID 52) – Keith
Davidson
Discussion
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ORDINANCE NO. 1295
AN ORDINANCE OF THE CITY OF REXBURG, IDAHO, CREATING LOCAL IMPROVEMENT
DISTRICT NO. 52; DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID LOCAL
IMPROVEMENT DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE MADE
THEREIN; APPOINTING AN ENGINEER TO PREPARE THE NECESSARY PLANS AND
SPECIFICATIONS FOR THE WORK; AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID
WORK AS AUTHORIZED BY LAW; PROVIDING FOR THE PAYMENT OF COSTS AND
EXPENSES OF SAID IMPROVEMENTS TO BE ASSESSED AGAINST THE PROPERTY WITHIN
THE DISTRICT BENEFITTED THEREBY AND THE METHOD OF ASSESSMENTS;
PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND
WARRANTS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE.
Council President Busby moved to approve Ordinance No 1295 Create Local Improvement
District 52 (LID 52) and consider second read; Council Member Chambers seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
B. Third Reading: Those items which have been first read: NONE
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. (1:27:01)
A. Minutes from January 4, 2023, Meeting
B. Approve the City of Rexburg Bills
Council Member Johnson moved to approve the Consent Calendar containing the minutes and
city bills; Discussion: Council Member Flora said there is a change to the January 4th, 2023 meeting
minutes, she did not pay for curb and gutter on the third home she purchased as stated in those
minutes; 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 Erickson
Council Member Walker
Council President Busby
The motion carried
Adjournment 8:20 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, Deputy City Clerk