HomeMy WebLinkAboutCouncil Minutes - May 18, 2022
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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
5:00 P.M. Work Meeting (0:06:22) Annexation Strategies, Review Short-term Rentals, Condo Plats
Planning and Zoning Administrator Parkinson reviewed the state statute policy and different categories
of annexations.
50-222. ANNEXATION BY CITIES . (1) Legislative intent. The legislature hereby declares
and determines that it is the policy of the state of Idaho that ci ties of the state should be
able to annex lands which are reasonably necessary to assure the orderly development of
Idaho’s cities in order to allow efficient and economically viable provision of tax -supported
and fee-supported municipal services, to enable the orderly development of private lands
which benefit from the cost -effective availability of municipal services in urbanizing areas
and to equitably allocate the costs of public services in management of development on the
urban fringe.
(2) General authority. Cities have the authority to annex land into a city upon
compliance with the procedures required in this section. In any annexation proceeding, all
portions of highways lying wholly or partially within an area to be annexed shall be included
within the area annexed unless expressly agreed between the annexing city and the governing
board of the highway agency providing road maintenance at the time of annexation. Provided
further, that said city council shall not have the power to declare such land, lots or blocks
a part of said city if they will be connected to such city only by a shoestring or strip of
land which comprises a railroad or highway right -of-way.
(3) Annexation classifications. Annexations shall be classified and processed
according to the standards for each respective category set forth herein. The three (3)
categories of annexation are:
(a) Category A: Annexations wherein:
(i) All private landowners have consented to annexation. Annexation where all landowners
have consented may extend beyond the city area of impact provided that the land is contiguous
to the city and that the comprehensive plan includes the area of annexation;
(ii) Any residential enclaved lands of less than one hundred (100) privately owned parcels,
irrespective of surface area, which are surrounded on all sides by land within a city or
which are bounded on all sides by lands within a city and by the boundary of the city’s area
of impact; or
(iii) The lands are those for which owner approval must be given pursuant to subsection
(5)(b)(v) of this section.
(b) Category B: Annexations wherein:
(i) The subject lands contain less than one hundred (100) separate private ownerships and
platted lots of record and where not all such landowners have consented to annexatio n; or
(ii) The subject lands contain more than one hundred (100) separate private ownerships and
platted lots of record and where landowners owning more than fifty percent (50%) of the area
of the subject private lands have consented to annexation prior t o the commencement of the
annexation process; or
(iii) The lands are the subject of a development moratorium or a water or sewer connection
restriction imposed by state or local health or environmental agencies; provided such lands
shall not be counted for purposes of determining the number of separate private ownerships
and platted lots of record aggregated to determine the appropriate category.
(c) Category C: Annexations wherein the subject lands contain more than one hundred (100)
separate private owne rships and platted lots of record and where landowners owning more than
fifty percent (50%) of the area of the subject private lands have not consented to annexation
prior to commencement of the annexation process.
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
May 18, 2022
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(4) (a) Evidence of consent to annexation. For purposes of this section, and unless excepted
in paragraph (b) of this subsection, consent to annex shall be valid only when evidenced by
written instrument consenting to annexation executed by the owner or the owner’s authorized
agent. Written consent to annex lands must be recorded in the county recorder’s office to be
binding upon subsequent purchasers, heirs, or assigns of lands addressed in the consent.
Lands need not be contiguous or adjacent to the city limits at the time the landowner
consents to annexation for the property to be subject to a valid consent to annex; provided
however, no annexation of lands shall occur, irrespective of consent, until such land becomes
contiguous or adjacent to such city.
(b) Exceptions to the requirement of wr itten consent to annexation. The following exceptions
apply to the requirement of written consent to annexation provided for in paragraph (a) of
this subsection:
(i) Enclaved lands: In category A annexations, no consent is necessary for enclaved lands
meeting the requirements of subsection (3)(a)(ii) of this section;
(ii) Implied consent: In category B and C annexations, valid consent to annex is implied for
the area of all lands connected to a water or wastewater collection system operated by the
city if the connection was requested in writing by the owner, or the owner’s authorized
agent, or completed before July 1, 2008.
Discussion regarding forced annexations. Council President Busby asked for a reason why a county resident
would not desire to be annexed into the city. Council Member Flora said one of the reasons is higher taxes.
Public Works Director Daivdson stated when a property is annexed into the city, the city takes responsibility
of that section of road. Discussion regarding the city’s Impact Area.
Council Member Flora explained if a person decides to build in the Impact Area, they will need to follow
the city’s building standards; therefore, protecting the city when that area is annexed into the city. The
buildings in the Impact Area would meet city code. Council President Busby asked if developers building in
the Impact Area pay for impact fees. Public Works Director Davidson replied, the developer does not pay
for impact fees when building in the Impact area. When a Master Plan for streets, sewer and water is being
updated the Impact Area is considered when planning for future growth to provide those services if that
area were to be annexed. This is another benefit to having an Impact Area; however, the Impact Area
should only expand if foreseeable growth is taking place in that area.
A map of the expansion of the Impact Area near the North Interchange was viewed on the overhead screen.
City Clerk Lovejoy reviewed the short-term rental compliance process. The process begins with the city’s
Building Department with a life safety inspection. The fee for the life safety inspection is $75.00. The annual
business registration fee is $100.
Council Member Flora asked if there are complaints regarding short-term rentals. Planning and Zoning
Administrator Parkinson said he has received some complaints regarding parking issues at short-term
rentals. City Clerk Lovejoy said some Homeowner Associations (HOA) do not allow short-term rentals in
their neighborhoods. Discussion regarding locating non-compliant short-term rentals. The short-term
rentals in apartments, duplexes, and townhomes are difficult for the compliance software to locate.
Planning and Zoning Administrator Parkinson reviewed the different plat processes. Discussion
regarding condominium plats, short plats, regular plats, and planned unit developments.
6:30 P.M. City Hall (1:30:31)
Council Member Erickson said the prayer
Council President Busby led the pledge
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Roll Call of Council Members: (1:30:32)
Attending: Council Member Flora, Council Member Johnson, Council Member Chambers, Council
Member Erickson, Council Member Walker, Council President Busby, and Mayor Merrill.
Welcome New Employees: (1:33:31) Nelson Moak – Water Dept; Jacob Linford – Recreation
Department
Nelson Moak said he moved to Rexburg in the year 2012 after serving a two-year mission for the Church
of Jesus Christ of Latter-Day Saints in Chihuahua, Mexico. He joined the army reserves in 2013 and is still
in the reserves. He met his wife Hanna before going into basic training. They have two daughters Anyia and
Laneya. His daughter Anyia is in pre-school. He completed an army deployment to Kuwait from 2019 to
2020. He is an Ordinance Officer, First Lieutenant and has his own company command. Mr. Moak said he
joined the City’s Water Department in March.
Jacob Linford said he was born and raised in Denver, Colorado. He too served a two-year mission for the
Church of Jesus Christ of Latter-Day Saints in Cali, Colombia about five years ago. Upon returning from his
mission, he met his wife, Ilene. He started working for the city about a year and a half ago. Some of his
duties included supervising the Zone programs, assisted with the Rexburg Races and with the Recreation
Programs. Mr. Linford said he is now taking over as Facilities and Events Coordinator. He will oversee the
Carousel, Winter Park, Rexburg Races, and other recreation events.
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.
Committee Liaison Assignments for 2022: (1:38:19)
A. Council Member Chambers: M.E.P.I. · Cultural Arts Events · Grants
Council Member Chambers reported on the upcoming Cultural Arts Events:
1. Friday, May 20th the Rexburg Children’s Choir with Lincoln Highway Concert at 7 p.m. at
the Tabernacle, tickets are $10.00
2. Saturday, May 21st – Le Nozze di Figaro Opera Concert at 7 p.m., tickets are $25 or $10 if
you are a student.
3. Wednesday, May 25th – Remember the Romance at 6 p.m. and a showing of the classic film
“The Prisoner of Zenda”.
Mayor Merrill asked the Councilmembers to please attend the Remember the Romance Event. He said
Gary Benson will be at the event to inform those attending about the volunteers and the number of hours
they worked on the Romance Theater.
B. Council President Busby: School Board · M.U.S.I.C.
Council President Busby reported the School Board will meet tomorrow; however, the Madison High
School graduation is scheduled on Thursday May 26th. The M.U.S.I.C. has created a website for the Potato
Box Derby event. The Police Department will be hosting their annual Special Needs Luncheon on June 15th
at Porter Park.
C. Council Member Walker: MYAB · Traffic & Safety · Emergency Services Board
Council Member Walker reported the Mayor’s Youth Advisory Board held their year-end social last week;
however, they met to assist in the annual Rexburg Flow-bor Day event today. They will not meet again until
September. The Traffic and Safety Committee did not meet. The Emergency Services Board met at their
budget meeting. He reported Emergency Services has started to receive resource orders for the wildland
fires. This is the earliest they have ever received requests for resource orders. The first resource order was
requested in February.
Council President Busby asked about the amount of resource orders that can be filled. Council Member
Walker replied all resource orders cannot be filled. They can only fill the number of resource orders staffing
will allow.
D. Council Member Johnson: Trails · Beautification · Grants
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Council Member Johnson reported the Trails Committee is still working on getting in a trail from 12th
West heading north, it is contingent on another project needing to be completed before they begin on the
12th West trail. The Beautification Committee liaison Natalie Powell and community member Sicialy Clark
has been coordinating the highway clean-up events.
E. Council Member Flora: Parks Committee · Recreation Committee · Urban Renewal Agency
Council Member Flora reported the Mayor and Councilmembers have been attending 15 to 20 budget
meetings with city staff. The Urban Renewal Agency met to review their budget for Fiscal Year 2023. The
Recreation Committee has contracted with Pros Consulting. The consulting group is sending out a survey to
city residents regarding the recreation needs of the community. On June 7th the committee is meeting with
the consulting group to review the results of the surveys and the market analysis. After, that meeting the
information will be presented to the Councilmembers. The Parks Committee will be hosting the grand
opening of the Nature Park new playground equipment on May 25th at 5 p.m.
F. Council Member Erickson: Airport Board · Golf Board · Legacy Flight Museum
Council Member Erickson reported the Airport Board has not met; however, the asphalt is being laid on
the runway. The Golf Board met to discuss the progress of the deck construction and is hopeful the
concrete work will be completed soon. The Board also discussed the deck furniture options and color. The
Legacy Flight Museum will be hosting the Free Pancake Breakfast and Fly-In event on June 18th from 8:00
a.m. to 10:00 a.m.
Staff Reports: (1:49:29)
A. Finance: - Matt Nielson
1. Financial Reports
Finance Officer Nielson said the last round of budget meetings will be held tomorrow. After, the
completion of the budget meetings he and Mayor Merrill will review the budget. They will make
recommendations on the items needing to be cut to balance the budget. A City Council work meeting will
be held to review the budget and recommendations. There are still a lot of items to process such as
overhead rate calculations.
Finance Officer Nielson reviewed the Budget Expenditures Report. The Financial Management Fund is at
71.6% due to the new financial software fees being paid up front. The cost of the study is causing the
Recreation Administration Fund to be high at 74.5%. A cash donation was received for the Legacy Flight
Museum in the amount of $115,000. The donation has been transferred to the Legacy Flight Museum
budget. The Legacy Flight Museum Board will use the funds to repair some of the airplanes and another
portion will be used to purchase a smaller plane.
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Finance Officer Nielson reviewed the Cash and Investments Report. The investment market is rising
quickly with the rate changes. The LGIP in January was returning 14 bases points, currently the base points
increased to 41.
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2. (1:54:06) Budget Ajustment for South Half of Police Department Roof Resurface
Finance Officer Nielson reviewed the Budget Adjustment for the south half of the Police Station roof
resurface.
Finance Officer Nielson reviewed the Fiscal Year 2022 Contingency History tracking and the amount of
funds available. There is only a month or two left in which Budget Adjustments will be considered. Police
Chief Turman said the front roof of the building is leaking. Early, this spring, water started pouring down
from the ceiling in one of the offices when the snow on the roof started melting. Council President Busby
asked if the roof membrane is the only item needing replaced or if there is anything structural needing
repaired. Police Chief Turman said the roofing company said the roof membrane is the only item needing
to be replaced.
Council President Busby suggested both lower and upper roof be replaced. Chief Turman said the lower
roof has about three more years of life left. Council Member Flora said with the rate of inflation the costs
could go up higher than the bid price of $33,248 for the lower roof. Council Member Chamber said when
the roof membrane is removed, the sub-roof could be damaged and that is where the additional funds will
need to be used. Mayor Merrill asked if the additional funds could be used at his and the Police Chief’s
discretion for either repairs to the sub-roof or for the lower roof membrane to be replaced.
Council Member Walker moved to approve the Budget Adjustment of $110,000 for the Rexburg
Police Station Roof resurface; Council Member Erickson seconded the motion; Mayor Merrill asked
for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
B. Public Works: - Keith Davidson (2:05:42)
1. Discussion on Local Improvement District (LID) direction on widening of sidewalks
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Mayor Merrill asked for a motion to amend the agenda to add a new position to the Sanitation
Department.
Council Member Busby moved to amend the City Council Agenda to discuss the addition of a
new position to the Sanitation Department; Council Member Walker seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
City Clerk Lovejoy said a motion to amend the agenda should be made at the beginning of the meeting to
avoid an issue.
Public Works Director Davidson said the reason he is requesting and additional employee for the
Sanitation Department is due to one employee being on medical leave. There are a couple of Street
Department employees that fill in for the Sanitation Department; however, the Street Department is also
short employees. He had the request for the new position slated for the new Fiscal Year in October. Council
Member Johnson asked if the position is full-time. Public Works Director Davidson replied, yes the position
is full-time.
Council Member Walker moved to approve the new position in the Sanitation Department;
Council Member Johnson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
The motions relating to this action were rescinded and set for discussion at a later meeting when they could
be properly placed on the agenda.
Public Works Director Davidson explained the streets in Local Improvement District 51 that are being
reconstructed. One of the property owners is requesting the road be narrowed instead of going into the
green strip. To narrow the road, two catch basins will need to be moved. Council Member Flora said to her
understanding is the residents did not want the road to be narrowed. Public Works Director Davidson
replied, the residents initially did not want the road to be narrowed because it would take away parking on
one side of the street. Instead of going a foot into the green space, a foot on both sides of the road would
be narrowed. There is one property owner in favor of narrowing the road. He is unaware of the other
resident’s preference of narrowing the road or going into the green strip.
Mayor Merrill said there are two residents here at the meeting that are in favor of narrowing the road.
Public Works Director Davidson said narrowing the road by one foot on each side would still allow parking
on both sides of the road. Mayor Merrill said the original proposal was to narrow the road much more.
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Council Member Erickson asked if the other residents have been notified of the change to narrow the
road. Mayor Merrill said not all the residents have been notified, city staff will need to make the decision due
to time constraints. Council Member Flora said the consensus of the neighborhood was they did not want
the road narrowed because it wouldn’t allow parking on both sides of the street, it would only allow parking
on one side. They were also worried about the fairground parking overflow. She said narrowing the road by
two feet will still allow parking on both sides of the street, so she is in favor of moving forward with
narrowing the street.
Public Works Director Davidson said not having the sidewalks poured around the light pole is another
benefit to narrowing the road. Council Member Johnson asked if the sidewalks would remain the same
width. Public Works Director Davidson replied, the sidewalks will remain the five-foot width.
Attorney Spencer Rammell explained a motion to amend the agenda should be made at the beginning of
the meeting. A final action may not be taken on an agenda item after the start of a meeting unless an
emergency is declared or necessitating action at the meeting a declaration and justification should be
reflected in the meeting minutes. He doesn’t believe having a shortage on employees rises to the level of an
emergency. City Clerk Lovejoy explained a special meeting requires a 24-hour notice.
Mayor Merrill said the motion to amend the agenda and to add a new position to the Sanitation
Department has already been motioned and acted upon. Council Member Flora said the motions and
actions taken are invalidated. Attorney Rammell explained there is a distinction between action and final
action. The item can be discussed on a good faith bases; however, final action is directly prohibited. The
final action to approve the budget adjustment for the new position can be taken at the next City Council
Meeting that will be posted and advertised.
Council Member Flora moved to approve the narrowing of the street by approximately two feet
for Local Improvement District 51; Council Member Johnson seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Public Works Director Davidson reported the painting of the crosswalks and arrows on the street is
complete. Council Member Walker asked if the timing on the traffic light on University Boulevard and
Yellowstone Highway has been checked. Public Works Director Davidson said he will contact the Idaho
Transportation Department to see if they have worked on the light. Mayor Merrill said the light on Center
and Main Street may also have an issue with the timing mechanism.
C. Information Technology: (2:27:50)- Todd Smith
1. Broadband Project Update
IT Director Smith explained Silver Star has a live map that is updated daily by their onsite inspector. All
green dots are future handhole locations. The orange boxes are completed handholes ready to receive fiber.
The blue lines are completed conduit and the red lines are designed; however, there is nothing there yet. He
said originally, they were going to plow a trench to install the conduit. The company Western Mountain the
sub-contractor decided to bore at some of the locations at the trench price which will save the city money.
At the corner of Smith Park and Main Street there is a different crew that is boring through lava rock. This
section of work should be completed by the end of this week. There is work being completed by the high
school.
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Council Member Chambers asked when the network will be ready to receive its first customer. IT
Director Smith said it will depend on WideOpen Networks and Silver Star to complete the huts. The actual
fiber will not be delivered until November of this year. The soonest they will see the first customers will not
be until April or May of next year. Council Member Chambers asked about the anticipated fee amount to
connect to the fiber network. IT Director Smith said the connection fee of about $249 for a 250
symmetrical circuit. He said with a symmetrical circuit the mega bites are the same up or down.
2. (2:15:38)Resolution 2022 – 13 To Authorize a 3rd Party Administrator to
Provide Connection Service from the Excess Capacity of the City of
Rexburg’s Fiber Optic Municipal Asset Ring
IT Director Smith said the city is building a backbone network that is going to connect all the city assets.
There is going to be excess capacity that a third-party administrator is going to manage for the city. They
will also maintain and expand the network to other subscribers.
Council President Busby asked about the cost for the administrator. IT Director Smith said the estimated
cost is about $200,000 a year. The administrator cost will be a shared cost between the city and county
proportionate to the number of subscribers. City Clerk Lovejoy said the purpose of the resolution is to have
the Fiber Optic Municipal Asset Ring in the Municipal Code. All the city’s utilities follow the same process
of being included in the Municipal Code.
Council Member Walker moved to approve Resolution 2022 – 13 To Authorize a 3rd Party
Administrator to Provide Connection Service from the Excess Capacity of the City of Rexburg’s
Fiber Optic Municipal Asset Ring; Council Member Flora seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
3. Acceptance of Broadband 3rd Party Administration Contract with WideOpen
Networks (2:18:24)
IT Director Smith explained earlier this year city staff submitted a Request for Proposal (RFP) seeking a
qualified entity to maintain and manage the fiber network that the city is building. The RFP from WideOpen
Networks was accepted. The Design Nine is a sister company to WideOpen Networks and they are the
company that completed the city’s initial broadband study in 2013. They designed the city fiber network and
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are working with the county on a design for their network as well. He said they have completed many
similar municipal networks. This is a five-year contract with WideOpen Networks.
IT Director Smith said a Broadband Board was formed including members from the county. The board
has been reviewing the contract extensively and has been negotiating with WideOpen Networks. They are
recommending the approval of the contract. He said some of the items the contractor will be taking care of
are billing subscribers, collecting revenue from the subscribers, divide the portions of the revenues between
the service providers, provide a help desk, manage a local office, attract other service providers, marketing
and sales.
Council President Busby said the cost of the contract is one million dollars for five years. IT Director
Smith said the initial costs of the fiber network are being funded by the American Rescue Plan Act (ARPA)
funds the city received. A part of those funds will be used to pay for a portion of WideOpen Networks
contract as the network generates revenue $500,000 of that revenue will be used to pay the general fund
each year. Mayor Merrill said the network for the first years will be funded through different accounts and as
revenues are generated the accounts will be paid back.
Discussion regarding initial costs of about $100,000 for the next seven to twelve months and the $200.000
for the next five years. Council Member Johnson questioned if all the ARPA funds were used to build the
fiber ring. IT Director Smith said the 6.1 million dollars were allocated for the fiber project. There are funds
coming from the county, urban renewal and ITD that will total about eight million dollars. The total cost of
the fiber ring is about four million dollars.
Council Member Chambers moved to approve the Broadband 3rd Party Administration Contract
with WideOpen Networks; Council Member Flora seconded the motion; Mayor Merrill asked for a
vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Council Member Erickson asked, if possible, to add fiber conduit to the current Local Improvement
District 51 (LID) were the road, sidewalks and curb are being reconstructed. IT Director Smith said the
ideal goal is to install the fiber conduit at the same time as the reconstruction or open trench.
Mayor’s Report (2:35:59)
Mayor Merrill reported he attended the ribbon cutting for Iron House RV Park. The Cinco de Mayo event
was well attended considering the cold weather. He thanked the City Economic Development Department,
Parks Department and Deputy Clerk Marianna Gonzalez for their efforts in organizing the event. The Flow-
bor Day event was also well attended. All the flowers were planted along Main Street and Center Street. He
thanked the Mayor’s Youth Advisory Board members for assisting in organizing the Flow-bor Day event.
Mayor Merrill said he attended a Religious Liberty Lecture given by Steven T. Collis University of Texas a
law professor.
Items for Consideration: (2:38:08)
A. Planning and Zoning recommendation to approve a Comprehensive Plan Map amendment at
approximately Handcart Ln from Commercial/Mixed Use to MDR1-HDR2 #22-00190.
Designated as Resolution 2022 – 12 if motion passes – Alan Parkinson – Alan Parkinson
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Planning and Zoning Administrator Parkinson reviewed a map of the property and said the property
has been vacant for a long time. The applicant would like to change the zone; however, the Comprehensive
Plan Map needs to be changed first. Council Member Johnson said the zone change is a good fit for this
area.
Council Member Johnson moved to approve Resolution 2022 – 22 Comprehensive Plan Map
amendment at approximately Handcart Ln from Commercial/Mixed Use to MDR1-HDR2; Council
Member Erickson seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
B. Planning and Zoning recommendation to approve a rezone at approximately Handcart Ln from
Mixed Use (MU) to High Density Residential 1 (HDR1) #22-00193. Designated as
Ordinance No 1281 if motion passes – Alan Parkinson (2:40:55)
ORDINANCE NO. 1280
Rezone Handcart Ln from Mixed Use (MU) to High Density Residential 1 (HDR1)
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 Chambers moved to approve Ordinance No. 1280 Rezone at approximately
Handcart Ln from Mixed Use (MU) to High Density Residential 1 (HDR1); Council Member
Walker seconded the motion; Mayor Merrill asked for a roll call vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
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C. Planning and Zoning recommendation to approve a Conditional Use Permit (CUP) for a Mobile
Vending Court in a Mixed Use (MU) zone at 250 W Main Street – Alan Parkinson (2:41:43)
Planning and Zoning Administrator Parkinson said this is the city’s first Mobile Vending Court in a
Mixed Use Application. The applicant has met the requirements regarding parking, storm drainage for the
parking lot, provisions for restrooms, sidewalks, street buffer and fencing. Council Member Flora said she is
pleased with the new Mobile Vending Court.
Council President Busby asked if the Mobile Vending Court is going to be opened year-round or if it is
going to be seasonal. Brad Wolfe said his plan is to have the court open year-round. He also plans to add
lights and a picnic area for the patrons. A sewer line is going to be installed for the mobile businesses that
are not self-contained. Council Member Erickson asked if there is a barrier placed near the railroad tracks to
keep people safe. Mr. Wolfe said he had not thought about adding a barrier near the railroad tracks. This
area is currently being used as parking by patrons.
Council Member Erickson moved to approve a Conditional Use Permit (CUP) for a Mobile
Vending Court in a Mixed Use (MU) zone at 250 W Main Street; Council Member Flora seconded
the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Calendared Bills:
A. Second Reading: Those items which have been first read: NONE
B. Third Reading: Those items which have been second read: NONE
Mayor’s Business: (2:47:10)
A. Approve appointment of Vanessa Johnson to Planning & Zoning Board; and Ratify appointment of
McKay Francis (County Appointment) to Planning & Zoning Board
Mayor Merrill asked the Councilmembers to ratify the appointment of Vanessa Johnson and McKay
Francis to the Planning and Zoning Board.
Council President Busby moved to ratify the appointment of Vanessa Johnson and McKay
Francis to the Planning and Zoning Board; Council Member Walker seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
B. Awareness and enforcement measures of Rexburg Municipal Code §7.02.070 and §7.02.080 (Ordinance
1225, 2020) – Dog leash regulations & waste removal in City Parks; Fees Set by Resolution 2020-07 –
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Dog License Neutered $5.00, Not Neutered $10.00 and Failure to Remove Animal Feces $100.00
(2:48:35)
Mayor Merrill said the failure to remove animal feces has been an issue in the city. There have been
complaints from parents of children playing soccer, football, baseball or just playing on the field and land in
dog feces. He suggested allowing some city employees to write tickets to pet owners that did not pick up
their pet’s feces.
Council President Busby asked if the city is going to provide bags for dog owners to pick up their pet’s
feces. Mayor Merrill said providing the bags would add personnel costs. Council Member Johnson said
providing the bags will help because sometimes a dog owner may not bring enough bags needed. Mayor
Merrill said one of the soccer organizations informed him that they did not want to use the city’s soccer
fields because of the amount of animal feces.
Consent Calendar: (2:57:54) 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 May 4th & 11th, 2022, Meeting
B. Approve the City of Rexburg Bills
Council Member Walker moved to approve the Consent Calendar containing the minutes and city
bills; 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
Adjournment 7:57 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Deputy City Clerk, Marianna Gonzalez