HomeMy WebLinkAboutCouncil Minutes - September 20, 2023
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Rexburg, ID 83440
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City Council Minutes – September 20, 2023
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 (0:01:13)
Council Member Walker said the prayer.
Council Mayor Merrill led the pledge.
Roll Call of Council Members:
Attending: Council Member Johnson, Council Member Chambers, Council Member Walker,
Council President Busby and Mayor Merrill
Council Member Flora and Council Member Erickson did not attend the meeting.
Mayor Merrill expressed his condolences to family and friends of former City Clerk Blair Kay who
passed away on September 14th, 2023.
Welcome New Employees: Kael Bowman – Parks Department; Trey Rogers- Sanitation
Department
Kael Bowman introduced his wife, Jyrikka; he and his wife both grew up in Rexburg. His father Jack
Bowman worked for the City of Rexburg as the Recreation Director.
Trey Rogers introduced his wife and their four children. He said he is related to Justin Daniels
through marriage. He is currently learning where all the city streets are located which is a challenge;
however, he enjoys seeing the temple every morning on his garbage pick-up route.
Presentation: 7th South Connection – Wanless Southwick (0:07:58)
Wanless Southwick began his presentation, indicating that 7th South is the only East/West Street to
go across the entire city. He talked about the growth that has occurred on the West side of town,
showing images of Summerfield PUD and Burton Elementary and indicated that the Madison Senior
High School campus is a major draw for traffic. He proposed simple overpasses be built on Highway 20
over 7th South, to maintain the height requirements of Highway 20 and the driveways on 7th South. He
stated that Rexburg would gain an alternate route East and West, as well as provide a direct connection
to the East Parkway Corridor, which would reduce the conflict in the Cresthaven neighborhood. He
would like to see the overpasses completed prior to the construction of the diverging diamonds to
provide an alternative route.
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Mr. Southwick said the construction of the diverging diamonds would close University Boulevard in
June of 2024. The traffic would all flow through Main Street. In August of 2024 the Main Street
interchange would be closed causing all traffic to flow through the South Interchange and University
Boulevard including traffic from Highway 33.
Council President Busby asked Public Works Director Davidson, if it would be possible to build a
diverging diamond in three months while school is out. Public Works Director Davidson responded it
would depend on how fast the contractor could complete the work.
Discussion regarding the potential traffic flow of when the diverging diamonds are being constructed.
Mayor Merrill added that while it is a longer route, the Thornton and North interchanges would also
provide access onto and across Highway 20. Mr. Southwick rebutted that those interchanges are not
good options. He also commented that it seems dangerous to put an additional volume of traffic into
one interchange and especially with the increased likelihood of accidents that potentially could block
the remaining route across the Highway. Mr. Southwick stated that he envisions a major traffic disaster
for a period, however, an overpass at 7th South would prevent the disaster. He declared the traffic
situation an emergency and wants to find emergency funding to pay for the overpasses, including taking
money from the East Parkway Corridor fund, and a two million dollar grant the city recently received
among other sources. He stated he had been in contact with the Idaho Transportation Department, and
they had implied that they could reassess funds available for an emergency. He concluded his
presentation by stating that for the sake of safety and to avoid major traffic disruptions, 7th South
should be connected before the diverging diamonds are constructed.
Council Member Johnson asked Public Works Director Davidson for updates on the diverging
diamonds and if Mr. Southwick’s idea about the overpasses has been proposed to the Idaho
Transportation Department (ITD). Mayor Merrill added the overpasses have been a topic of discussion
in the Rural Planning Organization (RPO) meetings for years, and he will bring up this idea in the next
RPO meeting. Mayor Merrill explained the overpasses could cause the same traffic concerns in the West
7th South neighborhood that the East Parkway Corridor could cause for the Cresthaven neighborhood
which has a major road going past neighborhoods and a church. He also pointed out that the City
doesn’t have the funds Mr. Southwick referenced as being allocated to the East Parkway Corridor. He
stated the Councilmembers will take the proposal into consideration and mention it to ITD.
Council President Busby commented that this would be major road construction if the overpasses
were built. Mr. Southwick rebutted stating that during his conversation with Zack Johnson with ITD,
Mr. Johnson indicated there was flexibility in existing budgets to apply to situations that fall outside
their long-term plans.
Council Member Chambers asked Public Works Director Davidson, if he had a ballpark estimate of
the cost for the span of the overpass. Public Works Director Davidson said he estimates the cost of the
overpass to exceed over 20 million dollars based on the Thornton Interchange costing more than 20
million dollars when it was built several years ago and with inflation, he believes the costs could exceed
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the 20-million-dollar range. Also, the overpass would not be a short bridge, it would take a significant
distance to achieve the correct elevations, retaining walls and the possible need to purchase ground.
Mr. Barnard asked if the 2-million-dollar grant was to be used for a single purpose or does the city
have the flexibility to spend the grant funds on other projects. Public Works Director Davidson clarified
the city has applied for the grant; however, the city has not been awarded the grant. Mr. Southwick
added that it was unrestricted. Public Works Director Davidson responded that during the application
process the potential use of the funds was indicated.
Mr. Parson stated an emergency exists and discussed the inconvenience of trying to access 12th West.
He stated that the comment on the length of the overpasses was insignificant. He concluded that the
area west of the highway is growing beyond comprehension and asked the Councilmembers to consider
the overpasses a priority emergency.
Mr. Barney pointed out potential issues with emergency services accessing that side of the city. Mayor
Merrill agreed that emergency services are the bigger emergencies, the waiting at an intersection is only
an inconvenience.
Public Comment: Limit 3 minutes; issues may be considered for discussion on a future
agenda. Please keep comments on point and respectful. (0:42:14)
Mr. Stewart expressed his concern with the Local Improvement District (LID) on Angela Drive. He
stated that Council Member Walker has been assisting him in finding out information with issues on
the crumbling concrete. He mentioned Public Works Director Davidson and City Attorney Zollinger
visited his residence to inspect the width of the driveway and the weed filled grass that was laid.
Mayor Merrill offered to look at it and help find a solution. City Attorney Zollinger advised, Mr.
Stewart has filed an insurance claim against the construction company and the city should not get in the
middle of the claim. Mr. Stewart indicated that neither the insurance company nor the city has
contacted him regarding his claim. He said he wants the width of his driveway repaired and he also
provided a receipt for the costs to repair his crushed mailbox to the city and was informed the cost of
the repairs to the mailbox would be taken off his LID balance; however, he has yet to receive any
paperwork or statements showing the deduction. There were bricks left on his property to extend his
driveway to its original width; however, he does not want to lay the bricks if they are going to replace
the missing width of his driveway. Mr. Stewart said he is not sure if the insurance company or the city is
going to repair his driveway, reimburse the costs to replace his mailbox and grass. He wants the repairs
and reimbursement completed as soon as possible.
Council President Busby asked Mr. Stewart when the insurance company is going to contact him.
Mr. Stewart replied he was told by the insurance agent that they would contact him on Friday. Council
Member Walker will check with Mr. Stewart on Monday about the insurance company’s decision and
report back to the Councilmembers. City Attorney Zollinger recommended a cash reimbursement for
the costs to replace the mailbox if it has not already been deducted from his LID payment. Mr. Stewart
asked about the replacement of the grass. City Attorney Zollinger explained the city would need to work
with the contractor that completed the work to the grass and driveway because it is the contractor’s
responsibility to repair and replace those items. The city would be holding the contractor responsible.
City Attorney Zollinger explained the next steps to resolve the issue with work completed by the
contractor and insurance company. Mr. Stewart asked if there is an option for the city to take care of the
issues then settle the costs with the contractor and insurance company. City Attorney Zollinger
explained per the Idaho Constitution, the city cannot spend money when there is a bond in place, and
stated the situation won’t go much longer without a process to move forward with a resolution.
Council Member Johnson clarified that in addition to the LID, Mr. Stewart had additional work
done. Mr. Stewart confirmed that 25-35% of the work completed on his property was completed by the
contractor the city hired. He paid a separate amount from the LID to complete the rest of the driveway
and sidewalk.
Items from Council: (1:15:45)
A. Committees: MEPI, Cultural Arts, Grants, School Board, MUSIC, MYAB, Traffic &
Safety, Emergency Services Board, Trails, Beautification, Parks, Recreation, Urban
Renewal, Airport, Golf Board, and Legacy Flight Museum
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Council President Busby reported the Councilmembers met with the Police Department Monday
night at the driving range. Some of the police officers were able to showcase some of the new equipment
they recently purchase to continue to keep the community safe. He added that the School Board will
meet tomorrow.
Council Member Walker reported the Mayor’s Youth Advisory Board (MYAB) members have
started their meetings for the 2024 school year. Mayor Merrill added the MYAB members are
participating in a service project tomorrow.
Council Member Johnson reported the Parks and Trails Committee will also begin to meet again.
She said she stopped by Eagle Park to review the fire reduction work the Fire Department completed.
The work completed makes the park look better.
Council Member Chambers reported that Madison Economic Partners Inc. (M.E.P.I.) has been
meeting and the committee members are preparing a presentation for the Councilmembers. The city’s
Cultural Arts Department has an event scheduled this Saturday; it is a Community Concert at the
Romance Theater featuring YESTERDAY music from The Beatles from 4pm to 7pm. In the month of
October, they have scheduled the Art Stroll at the Romance Theater and OkTUBERfest at the County
Fairgrounds. He also encouraged citizens to visit rexburgarts.org for upcoming events with dates and
times.
Mayor’s Report/Business: (1:18:26)
Mayor Merrill reported Grant Writer Flanary applied for a one-million-dollar grant from the USDA.
The city was awarded the USDA grant to plant trees in the city parks. The city was also awarded a
$5,000 grant from Rocky Mountain Power to go towards a wheelchair accessible swing at one of the
parks. He reported the INL tour he attended last week was very insightful and the Experience Rexburg
Event was a success.
Council President Busby expressed his appreciation for the City Staff and Police Department
working with the School District on the Homecoming Parade. He mentioned that next year they will
have a street sweeper behind the parade to minimize the candy wrappers that are left behind. Mayor
Merrill commented on the Homecoming bonfire issues and discussed possible solutions.
B. Other Reports:
Staff Reports: (1:28:13)
A. Public Works: – Keith Davidson
1. Bid Acceptance for 2023 Street Light LID Upgrade Project
Public Works Director Davidson reviewed the bids received to upgrade the streetlights to LED.
The low bid was received by Arco Electric; therefore, he is recommending the bid be awarded to Arco
Electric. They are going to upgrade 214 streetlights.
Council President Busby moved to approve the low bid of $128,867 from Arco Electric for
the 2023 Streetlight LID Upgrade Project; Council Member Erickson seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson none
Council Member Chambers
Council Member Walker
Council President Busby
The motion carried.
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Council Member Chambers said residents have expressed their concerns with the concrete spalling
on some of the properties included in Local Improvement District 51. He asked Public Works Director
Davidson for an update of the repairs to the spalling concrete. Public Works Director Davidson said the
city engineers took out concrete cores to study and determine what is causing the concrete to spall.
After the results are received, they can determine if it is the concrete supplier laying bad concrete or if
it’s the finish work or other factors.
Discussion regarding the resurface work on the concrete in front of the City Hall building that could be
an option to repair the sections of concrete that are spalling in the LID 51 areas.
Discussion regarding resident complaints with fiber and utility companies not restoring the damage
they created to the easements. The residents could file a complaint with the city to have the company
restore the damage to the easements.
Items for Consideration: NONE
Calendared Bills: (1:25:30)
1. Second Reading: Those items which have been first read:
a. Ordinance No 1303 Rezone approximately 458 E Moody Rd from Light Industrial
(LI) to Community Business Center (CBC) Zone #23-00398. Request to suspend the
rules and consider third read – Alan Parkinson
ORDINANCE NO. 1303
Rezone 458 E Moody Rd from Light Industrial (LI) to Community Business Center
(CBC)
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 President Busby moved to suspend the rules for Ordinance No 1303 Rezone at
approximately 458 E Moody Rd from Light Industrial (LI) to Community Business Center
(CBC) Zone; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson none
Council Member Chambers
Council Member Walker
Council President Busby
The motion carried.
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Council Member Walker moved to approve Ordinance No 1303 Rezone approximately 458
E Moody Rd from Light Industrial (LI) to Community Business Center (CBC) Zone and
consider third read; Council President Busby seconded the motion; Mayor Merrill asked for a
vote:
Those voting aye Those voting nay
Council Member Johnson none
Council Member Chambers
Council Member Walker
Council President Busby
The motion carried.
2. Third Reading: Those items which have been second 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. (1:27:25)
A. Minutes from September 6, 2023, Meetings
B. Approve the City of Rexburg Bills
C. Approval of 2023-2024 Beer and Wine Licenses
Council President Busby moved to approve the Consent Calendar containing the minutes,
city bills and 2023-2024 Beer and Wine Licenses; Council Member Walker seconded the
motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson none
Council Member Chambers
Council Member Walker
Council President Busby
The motion carried.
Adjournment 8:03 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, Deputy City Clerk