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Home My WebLink AboutCouncil Minutes - October 18, 2023 1 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org City Council Minutes – October 18, 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 (0:00:01) Council Member Chambers said the prayer. Council Mayor Walker 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 Welcome New Employees: Isaiah Stanfield, Ignacio Correa, Kayden Zundel – Police Department; Oath of Office performed by City Attorney Stephen Zollinger. Isaiah Stanfield introduced his wife, their two children, his father-in-law and grandfather. He served a two-year mission for the Church of Jesus Christ of Latter-Day Saints in Mexico. He attended BYU- Idaho University and graduated in 2021 with his bachelor’s degree in Spanish Education. He said he had planned to become a teacher; however, his plans changed, and he decided to become a police officer instead. He looks forward to serving the community. Ignacio Correa said he was born in El Paso, Texas; however, he grew up in Midland, Texas. He attended Western New Mexico University where he played football and graduated with a bachelor’s degree in criminal justice. He moved to Idaho because his wife was a BYU-Idaho University online student and had to attend classes in person. They have lived in Rexburg for about two years. He said he has always been interested in the criminal justice field. He enjoys living in Rexburg and looks forward to serving the community. Kayden Zundel said he is from Rigby, Idaho and graduated high school in 2017. He served a two-year mission for the Church of Jesus Christ of Latter-Day Saints in Mesa, Arizona. He introduced his mother, sister, brother, and girlfriend. He said his main reason for choosing law enforcement as a career is because he loves to serve other people. Kayden added he has a passion for serving in the community. He looks forward to serving the Rexburg community members. City Attorney Zollinger swore in the new Police Officers, Isaiah Stanfield, Ignacio Correa, Kayden Zundel. OATH OF OFFICE I, Isaiah Stanfield, do solemnly swear that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, the Ordinances of the City of Rexburg, and the Law Enforcement Code of Ethics. I will endeavor to enforce these laws to the best of my abilities, and that I will faithfully discharge all of the duties assigned or requested of me in my capacity as a law enforcement officer for the City of Rexburg. ________________ Isaiah Stanfield 2 OATH OF OFFICE I, Ignacio Correa, do solemnly swear that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, the Ordinances of the City of Rexburg, and the Law Enforcement Code of Ethics. I will endeavor to enforce these laws to the best of my abilities, and that I will faithfully discharge all of the duties assigned or requested of me in my capacity as a law enforcement officer for the City of Rexburg. ________________ Ignacio Correa OATH OF OFFICE I, Kayden Zundel, do solemnly swear that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, the Ordinances of the City of Rexburg, and the Law Enforcement Code of Ethics. I will endeavor to enforce these laws to the best of my abilities, and that I will faithfully discharge all of the duties assigned or requested of me in my capacity as a law enforcement officer for the City of Rexburg. ________________ Kayden Zundel Public Comment: Limit 3 minutes; issues may be considered for discussion on a future agenda. Please keep comments on point and respectful. (0:09:22) Items from Council: 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 Council Member Walker reported the MYAB members have been meeting to prepare their Halloween safety skits. They will be presenting their skits to the elementary schools in the Madison School District. Mayor Merrill said the MYAB members helped city staff pass out flyers to the surrounding property owners regarding the proposed sale of the Rotary Park. Council Member Erickson reported the golf courses are nearing the end of the season. There was an increase in revenues for both courses. At Teton Lakes, they reconstructed the parking lot and installed new lights. Council Member Johnson reported city staff held an Eagle Park clean-up event; however, the weather was rainy causing a low volunteer turnout. About 50 BYU-Idaho students assisted with the clean-up of the park. Council Member Johnson expressed her appreciation to the volunteers. Council President Busby reported the School Board Superintendent Randy Lords is hosting a question-and-answer presentation on October 30th at the Madison High School auditorium and again on November 6th at the Junior High auditorium. He said Superintendent Lords will be reporting on the school district’s student growth and their plans for the school district. The high school’s football team will be taking on their rival Rigby High School on Friday. Council Member Flora said the Parks Committee met this week to discuss upgrades and maintenance of the existing parks. They are also working on plans for the new park off Barney Dairy Road. She expressed her appreciation for the city’s Grant Coordinator Mary Flanary for bringing in additional funds for the city through grants. Mayor Merrill added Grant Coordinator Flanary oversees the MYAB and commended her hard work on that board. Council Member Flora said the Urban Renewal Agency met today to discuss some upcoming projects. B. Other Reports: Staff Reports: (0:16:39) A. Finance: – Matt Nielson 1. Financial Reports Finance Officer Nielson reviewed the Treasurer’s Expenditure Report by Fund. The report covers the entire fiscal year and the amount of money spent in each fund. The funds are broken down into categories. He said he will be reviewing this report every month. The category titled other expenses are mainly overhead expenses. There are a couple of substantial changes in the funds, especially in the transfers, they indicate a major increase. 3 B. Information Technology: - Todd Smith (0:21:01) 1. SilverLight Indefeasible Right to Use (IRU) the City of Rexburg’s Fiber System Agreement Approval IT Director Smith received the SilverLight Indefeasible Right to Use (IRU) from the City of Rexburg’s Fiber System Agreement. City staff members have been negotiating this contract with Silver Star for the past four months. The contract has a life of 30 years, and it can be renewed for another 20 years after the 30 years. Silver Star will pay the city $10,000 per month on an annual basis. City Attorney Zollinger said this contract has an optout option at a cost. IT Director Smith mentioned the contract protects the open network access for the city, where the city is losing fiber to the home because Silver Star will own that aspect of the network. The contract has language that incentivizes Silver Star to keep the open network access to other providers. The 10,000 monthly payments will increase by 3%; however, if they have two or more providers on the network the increase would only be 2.75%. In essence Silver Star pays less with more providers. Finance Officer Nielson said the funds collected from the open network access will be put back into the Fiber Operating Fund because of the continued costs to operate the network. Some of the available funds on a year-to-year basis will be transferred to the Streets Fund through the budget process. Council Member Johnson said there have been complaints about resident’s yards being torn up to install the fiber and some of the residents were not aware their yard was going to be torn up. She asked if there are ways to inform the residents whose yards are going to be dug up. IT Director Smith replied, he has weekly meetings with several Silver Star representatives to discuss any issue with the installation of the fiber lines. He said he has asked the representatives to give additional notification to residents whose yards will be dug up. The Silver Star representatives are sending a letter to all the residents. The 4 workers will have business cards to give to residents with contact information of the person or people they need to call for more information. They will be posting A-frame signs around the construction zones, so residents know what type of construction is taking place. They are also placing door hangers to inform residents of the installation of the fiber lines. City Attorney Zollinger explained most residents do not realize the fiber line is being installed in the utility easement. The utility easement is generally 10 feet behind the sidewalk into the property, it is designated for a utility company to use with or without the property owner’s permission. The utility company digging up the easement is responsible for putting back the easement to its practical condition. IT Director Smith said the city has asked to hold back 36 strands of the 432 fibers for the city and county to use even though Silver Star has exclusive use of the fiber backbone. The city assets such as wells, buildings, properties, etc. need to be tied in and Silver Star should not be using the dark fiber for those assets, that fiber should be set aside for future use. Silver Star is going to give the city hall building a 10-gig internet connection. Currently, the city has 1.8 gig connection. He mentioned a maintenance contract with Silver Star will also be needed to determine who is responsible for maintaining the generator and fiber huts. Council President Busby moved to approve the SilverLight Indefeasible Right to Use (IRU) the City of Rexburg’s Fiber System Agreement; 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. C. Cultural Arts: - Jed Platt (0:39:29) 1. Budget Adjustment Approval for Sewer Line Repair and to Finish the Green Room Remodel for the Romance Theater Finance Officer Nielson reviewed the budget adjustment for the sewer line repair and to finish the remodel of the green room at the Romance Theater. 5 Council Member Chambers moved to approve the Budget Adjustment Approval for Sewer Line Repair and to Finish the Green Room Remodel for the Romance Theater; 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. D. Public Works: - Keith Davidson (0:46:56) 1. Bid Approval for 2023 Street Light Project Public Works Director Davidson reviewed the bids for the 2023 Street Light Project. Council Member Erickson moved to approve the low bid of $573,600 from Mountain West for the 2023 Street Light Project; 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 Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried. 2. Surplus Parcel #RPRRXB10383460 located at approximately 48 S 1st E Public Works Director Davidson reviewed a map of the location of the surplus parcel. The city owns this property, and the Millowhollow Restaurant owner is interested in purchasing the parcel. City Attorney Zollinger said there is an appraised value, and the city will be seeking a bid that will meet the legal requirements of disposing of the property. There is a pre-existing agreement that was reached years ago that gave the first option to the adjacent property owner as long as they maintained the parcel. The city will be able to sell the parcel to the restaurant owner as long as they offer the city the appraised value of the parcel. 6 Council Member Flora moved to approve the Surplus of Parcel #RPRRXB10383460 located at approximately 48 S 1st E; 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. Mayor’s Report/Business: (0:51:41) Mayor Merrill reported he attended the Zions Bank 150 Anniversary Celebration. He also attended the Idaho Advanced Energy Consortium Fall Conference. Mayor Merrill mentioned the three sticks golf idea, where there are six golf holes, and each hole has three flagsticks. The Madison Cares program will be starting their “It Starts with Hello Campaign” on Monday, October 30th. He asked the Councilmembers to participate in the campaign. Discussion regarding road construction and road conditions. Items for Consideration: (1:05:46) A. Flood Plain Variance Request for DJ Barney Properties Located on Airport Rd as per Rexburg Municipal Code 15.09.160 - Justin Beard City Engineer Beard explained the Councilmembers are acting as the appeals board for the Flood Plain Ordinance. He reviewed a map of the properties located on Airport Road. The owner has requested a flood plain variance for five of the buildings. Mr. Barney, the property owner, was aware the property was in the flood plain and knew the buildings needed to be built above the flood plain. The property owner worked with several private engineers and surveyors to determine the freeboard measurement to build the buildings above the flood plain. The engineers and surveyors informed Mr. Barney that he needed to build one foot above the flood plain throughout the property; however, the land slopes which meant the one-foot measurement was insufficient for some of the property. The rest of the other buildings are in compliance, it is only the five buildings that do not meet the required freeboard requirement. He said if the flood plain variance is approved for the five buildings it would allow the current one-foot freeboard of those buildings. 7 City Engineer Beard continued to explain the city will need to wait 30 days after notifying the Idaho State Flood Plain Coordinator of the variance approval because of the city’s participation in the National Flood Insurance Program. Council President Busby moved to approve the Flood Plain Variance Request for DJ Barney Properties Located on Airport Rd as per Rexburg Municipal Code 15.09.160; 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. Calendared Bills: 1. Second Reading: Those items which have been first read: NONE 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. (1:14:37) A. Minutes from October 4, 2023, Meetings B. Approve the City of Rexburg Bills Council Member Walker moved to approve the Consent Calendar containing the minutes and city bills; 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. Adjournment 7:45 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk