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Home My WebLink AboutCouncil Minutes - January 3, 2024 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org City Council Minutes – January 3, 2024 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. Romance Theater – Welcome from Scott Johnson (0:01:50) Color Guard – Boy Scout Troop #888, Chartered by Beehive Credit Union Performance of the National Anthem – Madison High School Choir 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. 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. (0:20:48) Minutes from December 20th, 2023 City Council Meetings Approve the City of Rexburg Bills Council President Busby moved to approve the Consent Calendar containing the minutes and city bills; 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. Presentation of Appreciation and Dismissal of Outgoing Council Members Jordan Busby and Tisha Flora – Mayor Jerry Merrill Mayor Merrill presented a years of service plaque to Council President Busby and Council Member Flora. He also gave them a book about the history of Rexburg and gift certificates. Council President Busby said it has been an honor to serve the people of Rexburg for the last 12 years and one month. He understands he may have not made every right decision; however, he feels he made the best decisions that aligned with what was needed at that time. He expressed his appreciation for the support he has received from city staff and first responders. He thanked his wife and family for their support. He asked the high school aged attendees to be involved and serve their city and county. Council Member Flora expressed her gratitude for the over three hundred employees that work for the City of Rexburg in 22 departments under 15 department heads. She thanked the city employees for all their hard work. The men and women who work for the City of Rexburg are honest and hardworking. They do their best to give critical service and information to the community, which at times is taken for granted and is expected. She thanked the city employees for their unseen work hours, unseen service, and all that they do to make our community what it is today. Council Member Flora said if she could have one wish for the community members, it would be for them to serve as Councilmembers, to see all it takes to run a city and to see all the good people that have made a difference for the community. She thanked the community members for giving her the opportunity to serve on the City Council and to her family for being by her side as she served. She concluded by saying she has full confidence in the city staff members, Councilmembers and Mayor Merrill to continue to do a wonderful job at making the city a wonderful place to live. Introduction of City Department Heads – Mayor Jerry Merrill Mayor Merrill introduced the city department heads. City Attorney Stephen Zollinger, Chief Finance Officer Matt Nielson, Building Official Bret Stoddard, Cultural Arts Director Platt, Cole Hibert GIS Director, HR Director Terri Hill, Todd Smith IT Director, Parks Director Greg McInnes, Planning and Zoning Administrator Alan Parkinson, Keith Davidson Public Works Director, Jon Lewis Recreation Director, Police Chief Josh Rhodes, Fire Chief Corey Child, Scott Johnson Economic Development Director, and Deborah Lovejoy City Clerk. Performance of the Idaho State Song “Here We Have Idaho” Introduction of Re-Elected and Newly Elected Officials – Scott Johnson Council Member Bryanna Johnson was born and raised in Utah. She attended BYU-Idaho for two years before attending BYU-I Provo where she graduated with a bachelor’s degree in education. She met her husband, Jon Paul, in Provo and they have been married for 17 years. They have three sons ages 15, 11 and 7. They have lived in Rexburg since 2010 and Jon Paul teaches Physics at BYU-Idaho. Council Member Johnson has taught preschool and piano lessons; however, her favorite job is being a mom and she has devoted much of her time to her children for the past 15 years. She loves serving in her community and having opportunities to make a difference. Before being elected to the City Council, she served on the city’s parks committee and has been involved in planning the city’s 4th of July festivities. She loves to be outside as much as possible. You can often find her and her family hiking and snowshoeing in the Tetons, camping, biking, or golfing. David Reeser was born and raised in Rexburg and has been a resident of Rexburg for about 50 years. His wife’s name is Brenda, they have four children and two grandchildren. Mr. Reeser graduated from Madison High School and earned an associate degree from Ricks College. He earned a bachelor’s and master’s degree at Boise State University, Idaho. He teaches government, advanced placement government, classes on holocaust and human rights at Madison High School. In June he will be leading a trip of students and their parents to Germany, Poland, Czech Republic, and Austria to study the holocaust. Mr. Reeser enjoys traveling and continues his studies by learning of important events and places where these events happened. He has been involved in the community for a while by coaching his children’s teams in a variety of youth sports, he has served twice on the Madison District Library Board of Trustees and as a teacher for the Madison School District. Mr. Reeser ran for office because of his belief that an important part of living in a democracy is not only to be informed and to vote; however, if a personal situation allows it, one should run for public office to serve the people in the community. As a Councilmember for the City of Rexburg he will continue the work that has begun with the previous member of the council. He desires to steer the community through growth and the challenges that come with that growth. He seeks to bolster the city’s infrastructure and work with our law enforcement agencies to ensure our city remains a safe place to live and raise a family. Eric Erickson was born in Cedar City, Utah on December 3rd, 1956, to Rex and Beverly Erickson. He is the second of four children: older sister Lynn, younger brother Neal, and younger sister Tracy. They moved to Rexburg in December of 1967 and Rexburg has been home ever since. His most vivid memory of that first day in town was driving by Key Bank at high noon and reading the temperature on a sign stating 21 degrees below zero. He graduated from Madison High School with the class of 1975 and attended Ricks College for one semester before leaving to serve a two-year mission for the Church of Jesus Christ of Latter-Day Saints in Paris France. After his service in France, he returned to Rexburg in January of 1978 and Ricks College in August of that year he met a lovely young lady Tammy Cheney from Burley, Idaho. They were married in June of 1979 and moved to Logan, Utah so that he could finish his education. He graduated with a degree in Business Administration and Finance and returned to Rexburg to help in the family business. His Father Rex, brother Neal and himself owned and operated Erickson Pontiac and GMC for over 53 years. During that time, he did everything from washing cars to completing multi-million-dollar finance deals. The family sold the business a few years ago, he is now retired. He and his wife have five children, three girls and two boys, all graduates of Madison High School. Over the years he has tried to stay involved in community affairs having served as President of the Chamber of Commerce and on the Board of Directors of the Better Business Bureau of Eastern Idaho. He has served on various association boards and commissions including as President of the Idaho Auto Dealers Association. He is the governor appointed member of Dealer Advisory Board for the Idaho Transportation Department. Recently, he was serving as a member of the Planning and Zoning Commission. Mr. Erickson has been heavily involved in his church having been called to serve as Bishop of the Rexburg 13th Ward and as the President of the Rexburg Idaho Center Stake. He is proud of the community and appreciates all the good friends and neighbors here in Rexburg and Madison County. City Clerk Lovejoy administered the oath of office to Mayor Merrill. I Jerry L. Merrill, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of Mayor, of the City of Rexburg, according to the best of my ability. ______________________________ (Signature of Elected or Appointed Official) Subscribed and sworn to before me this 3rd day of January, 2024. ___________________ Deborha Lovejoy, City Clerk Council Members Bryanna Johnson, David Reeser, and Eric Erickson Oath of Office sworn in by Mayor Jerry Merrill; New Council Members take their seats. I Bryanna Johnson, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of Councilmember, of the City of Rexburg, according to the best of my ability. ______________________________ (Signature of Elected or Appointed Official) Subscribed and sworn to before me this 3rd day of January, 2024. ___________________ Jerry Merrill, Mayor I Eric W. Erickson, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of Councilmember, of the City of Rexburg, according to the best of my ability. ______________________________ (Signature of Elected or Appointed Official) Subscribed and sworn to before me this 3rd day of January, 2024. ___________________ Jerry Merrill, Mayor I David Reeser, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of Councilmember, of the City of Rexburg, according to the best of my ability. ______________________________ (Signature of Elected or Appointed Official) Subscribed and sworn to before me this 3rd day of January, 2024. ___________________ Jerry Merrill, Mayor Election of City Council President Council Member Chambers moved to nominate Council Member Walker as City Council President; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Mayor’s Address Mayor Merrill presented the state of the city. He reviewed some of the city’s responsibilities. He also encouraged the community members to adopt a storm drain. The city is continuing to grow in population and development. Mayor Merrill said city staff has secured several major grants. Mayor Merrill reported the city held the ribbon cutting for the new Donjo Sports Complex. The city also received approval from the Federal Aviation Administration to relocate the airport. Mayor Merrill reviewed the upcoming and on-going projects. The city is planning to improve the following infrastructure. Mayor Merrill mentioned the plans for the new city park by Barney Dairy Road. The park amenities are being designed for teenagers and older people. There will be access to the Teton River. The city used federal funds to start the broadband fiber network project. They had partnered with Silver Star Communications on the broadband project and Silver Star has since taken over the project. Mayor Merrill reported on the downtown redevelopment and tabernacle restoration. In the downtown redevelopment areas, the city hopes to include retail commercial, office space and parking. Mayor Merrill quoted Cultural Arts Director Platt by stating “our pioneer forefathers built the tabernacle, the ancestors to our forefathers saved the tabernacle after the flood, and now it is up to us to restore the tabernacle”. The cost to restore the tabernacle is about five million dollars. A capital campaign has started to raise funds for the restoration. Mayor Merrill mentioned JRW and Associates have completed the restoration design free of charge. Mayor Merrill said the state of our city is strong and getting stronger every day. Performance of Musical Number “Fill the World with Love” Recess Meeting: 10–15-minute break for refreshments and visitation Reconvene City Council Meeting Staff Reports: Finance: - Matt Nielson Budget Adjustment for Teton Lakes Golf Capital Finance Officer Nielson reviewed the Budget Adjustment for Teton Lakes Golf Capital. Council Member Erickson asked if they could wait until the Fiscal Year when the tractor was budgeted in to purchase the tractor. Finance Officer Nielson explained waiting to purchase the tractor becomes an issue for time effectiveness. The additional tractor would assist in completing the other projects in a time-effective manner. The older tractor would be sold as scrap because the frame broke, and the tractor is 50 years old. The old tractor could be surplus. Council Member Erickson moved to approve the Budget Adjustment for Teton Lakes Golf Capital and surplus the 1970’s tractor; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. 2023 Idaho Annual Road and Street Financial Report & LHTAC Report Finance Officer Nielson reviewed the 2023 Idaho Annual Road and Street Financial Report & LHTAC Report. The item titled All other local sources includes franchise fees, some urban renewal contributions and contributed capital. The contributed capital are streets that developers give to the city. Council Member Walker asked if the snow removal costs are included in the Winter Maintenance funds. Finance Officer Nielson replied yes the snow removal costs are included in the winter maintenance account. Council Member Eric Erickson asked if the two million dollar grant the city was awarded by the Idaho Transportation Department is included in this report. Finance Officer Nielson said that grant is not included in this report and it is typical for the city to carryover several million dollars in street projects due to the timing of the end of the fiscal year. Public Works: - Keith Davidson Resolution No 2024 – 01 Support of Cash Match for Transportation Alternative Program (TAP) Grant for the Teton River Connecting Path and Bridge Public Works Director Davidson explained a resolution is needed for the city to apply for the TAP grant from the state. City of Rexburg Resolution of Supporting Cash Match for the Transportation Alternative Program (TAP) Grant for the Teton River Connecting Path and Bridge Resolution No 2024 - 01 City of Rexburg Staff has identified sufficient local cash to provide the required 7.34% match for a Transportation Alternative Program Grant for FY2025-2027 funding, WHEREAS, the City Council has reviewed the merits of the TETON RIVER CONNECTING PATH AND BRIDGE; and WHEREAS, the City Council has reviewed the public support for the above project; and WHEREAS, the City Council supports the construction of a pedestrian multi-use path along the north side of the Teton River with a bridge to connect to the existing paths on the south side; and WHEREAS, the city staff can administer a federal aid reimbursement grant, NOW, THEREFORE, LET IT BE RESOLVED that on January 3, 2024, at a meeting of the City of Rexburg City Council, where a quorum was met, the Council supports the staff’s programming of dollars for the TETON RIVER CONNECTING PATH AND BRIDGE as a local cash match for the Transportation Alternatives Grant. Passed by the City Council and approved by the Mayor this __ day of January 2024. ___________________________ 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. 2024 - 01 adopted at a regular meeting of the City Council held on the __ day of January 2024, 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 __ day of January 2024. ___________________________ Deborah Lovejoy, City Clerk Council Member Walker asked for the percentage of the city match for the TAP Grant. Public Works Director Davidson replied generally the match percentage is about 7%. The extension of the pathway would require an easement through the property east of Albertsons and with the development of Stonebridge Subdivision, the city would be gaining additional property along the river for the pathway. Council Member Chambers asked for the TAP grant amount the city is pursuing. Public Works Director Davidson said the city is pursuing $5oo,000. Council Member Johnson moved to approve Resolution No 2024- 01 Support of Cash Match for Transportation Alternative Program (TAP) Grant for the Teton River Connecting Path and Bridge; 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 C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Resolution No 2024 – 02 Notice of Intent to Create Local Improvement District 53 (LID 53). Set Public Hearing Date for February 7, 2024 Public Works Director Davidson reviewed Resolution No 2024 -02 Notice of Intent to Create Local Improvement District 53 (LID 53) and recommended a public hearing date be set for February 7th, 2024. Notice of Intent to Create Local Improvement District 53 (LID 53) in the City of Rexburg Resolution No 2024 - 02 A RESOLUTION DECLARING THE INTENTION OF THE CITY OF REXBURG, IDAHO, TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 53 FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING CERTAIN PUBLIC IMPROVEMENTS; DESCRIBING THE BOUNDARIES OF THE PROPOSED IMPROVEMENT DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED FOR THE COSTS OF THE IMPROVEMENTS; GENERALLY DESCRIBING THE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED AND THE ESTIMATED COSTS AND EXPENSES OF THE IMPROVEMENTS; STATING THE PORTION OF THE TOTAL COST WHICH WILL BE PAID FROM A LEVY OF ASSESSMENTS ON PROPERTY BENEFITTED BY THE IMPROVEMENTS AND THE PORTION PAYABLE FROM OTHER SOURCES; STATING THE METHOD OF DETERMINING ASSESSMENTS; FIXING THE TIME WITHIN WHICH AND THE PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO CONSIDER SUCH PROTESTS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Rexburg, Idaho (the "City"), is a municipal corporation operating and existing under and pursuant to the laws of the State of Idaho, and as such is authorized and empowered to create local improvement districts to construct improvements pursuant to Title 50, Chapter 17, Idaho Code; and WHEREAS, the City Council (the "Council") of the City has authorized initiating the creation of a local improvement district for a particular district; and WHEREAS, the Council is of the opinion that it is in the best interest of the owners of property and of the inhabitants within the proposed Local Improvement District No. 53 ("LID 53"), and within the City, that the proposed LID 53 be formed and the proposed improvements as hereinafter described be constructed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, as follows: Section 1: The Council hereby determines and states that it is its intention to form a local improvement district, to be designated LID 53 to make the improvements as hereinafter set forth. Section 2: The boundaries of the proposed LID 53 and of the properties to be assessed are generally described in “LID 53 Estimated Assessment Role” which is annexed hereto and by reference incorporated herein. Section 3: A general description of the improvements to be constructed (the "Improvements") is as follows: the installation and/or replacement of streets, curbs, gutters, sidewalks, water lines, sanitary sewer lines, storm sewer lines and other improvements as necessary, together with related improvements and costs of engineering, legal services, publication, interest on borrowed funds during construction, bond issuance costs and reserves, and other related expenses. Section 4: The estimated total cost of the Improvements is approximately $2,350,000. Approximately $2,250,000 will be paid by the City, representing the amount of benefit to the general public resulting from the Improvements. The balance of the cost will be paid by a levy of assessments on the property benefited. Section 5: The assessable portion of the costs and expenses of the Improvements shall be assessed against the tracts, lots, and lands benefited by the improvements according to a front foot method or a square foot method, or a combination thereof, subject to any variations there from to be determined by the Council, as provided by Section 50-1707, Idaho Code, in proportion to the benefits derived to such property by said improvements. Section 6: Wednesday, the 7th day of February, 2024, at the hour of seven P.M. (7:00 pm), at the Rexburg City Hall, 35 N 1st E, Rexburg, Idaho, is hereby fixed as the time and place when and where the owners of the property to be assessed may appear before the Council and be heard as to the propriety and advisability of acquiring the Improvements, and which is the time and place when and where the Council will consider the creating of the proposed LID 53 and constructing the proposed Improvements, and hear all complaints, protests, and objections which may be made in writing and filed with the City Clerk on or before said time, by any owner of any parcel of land to be assessed. Section 7: Written protests and objections to the creation of LID 53 or to the manner of assessment or inclusion of property therein may be filed with the City Clerk at or before four o'clock P.M. (4 pm) on Tuesday, the 6th day of February, 2024, by any owner of any parcel of land to be assessed. Section 8: Notice of Hearing substantially in the form attached hereto and hereby made a part hereof shall be given as follows: (A) By publication of such notice in the official newspaper of the City of Rexburg, Idaho, a newspaper of general circulation within the City, which notice shall be published once a week for two consecutive weeks of the first publication being at least ten (10) days prior to the date of said hearing. (B) By mailing, at least ten (10) days prior to the date of said hearing, a copy of such notice to each owner of property, if known, or his agent, if known, within the limits of the proposed LID 53 addressed to such person at his post office address, if known, or if unknown, to the post office in Rexburg, Idaho. Ownership of property shall be determined as of the date of the adoption of this Resolution. Section 9: This Resolution shall take effect and be in full force from and after its passage and approval. DATED this __ day of January 2024. CITY OF REXBURG Madison County, Idaho By__________________________ Jerry L. Merrill, City of Rexburg Mayor ATTEST: ___________________________ Deborah Lovejoy, City Clerk EXHIBIT "A" (See attached Notice of Intent to Create form.) EXHIBIT "B" The boundaries of the local improvement district encompass the following-described real property, located primarily on Hillview Dr, the first block of N 4th E, the first block of S 2nd E, 2 locations on E Main St, and 2 locations on E 1st S in the City of Rexburg, Madison County, Idaho: (See attached list of properties.) Council President Walker moved to approve Resolution No. 2024- 02 Notice to Create Local Improvement District 53 (LID 53) and set a Public Hearing on February 7th, 2024; Council Member C. 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 C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Mayor’s Business: Mayor Merrill explained with the retirement of Brad Wolfe and election of Eric Erickson to City Council has left two Planning Zoning Commissioner vacancies. He has asked and received confirmation from the following individuals Brian Thackeray and Rob Woodall to serve on the Planning and Zoning Commission. Council Member Chambers moved to ratify the appointment of Brian Thackery and Rob Woodall to serve on the Planning and Zoning Commission; Council Member E. 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 C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Calendared Bills: Second Reading: Those items which have been first read: NONE Third Reading: Those items which have been second read: Ordinance No 1305 Amendment to Ordinance No 884 The Historical Committee Bylaws – Jed Platt Discussion CITY OF REXBURG ORDINANCE NO. 1305 AMENDMENTS TO HISTORICAL PRESERVATION COMMITTEE BYLAWS AN ORDINANCE AMENDING THE CITY OF REXBURG’S HISTORICAL PRESERVATION COMMITTEE BYLAWS ORDINANCE NO. 884 CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS TO SECTION III(1) COMMISSION CREATED APPOINTMET TERMS ADJUSTING NUMBER OF REQUIRED BOARD MEMBERS; SECTION III(2) AMENDING MEMBERS OF THE COMMISSION’S QUALIFICATIONS; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. Council Member C. Erickson moved to approve Ordinance No 1305 Amendment to Ordinance No 884 The Historical Committee Bylaws and consider third read; Council Member Jonhson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. Adjournment 8:30 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk