HomeMy WebLinkAboutCouncil Minutes - March 20, 2024(208) 359-3020
35 North I't East
Rexburg, ID 83440
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City Council Minutes — March 20, 2024
Mayor Jerry Merrill
Council Members:
Bryanna Johnson Erick Erickson
Robert Chambers David Reeser
Colin Erickson Mikel Walker
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
6:3o P.M.
Council Member Chambers said the prayer.
Mayor Merrill led the pledge.
Roll Call of Council Members:
Attending: Council Member Johnson, Council Member Chambers, Council Member C. Erickson,
Council Member E. Erickson, Council Member Reeser, Council President Walker, and Mayor Merrill.
Presentation: New Tabernacle Documentary — Jed Platt
Cultural Arts Director Platt explained many people are aware of the city's 50 years of stewardship
over the historic Tabernacle, they are commencing the Tabernacle's Legacy Campaign to preserve the
beauty of the building and its story. The Idaho Humanities Council awarded the city a grant to produce
a short film about the Tabernacle. He worked with the Soapbox Agency, a group of students from BYU-
Idaho University to produce the film. The film was viewed on the overhead screen and the link to view
the film is https://youtu.be/1-oVaFwg20E
Bryson Bigler explained he has worked on the film since last year. Before presenting the film tonight
he added some final touches. As he visited the Tabernacle it changed his perspective of what the
building stands for and what it is, these aspects were captured in the film and that is what he wanted to
accomplish.
Public Comment: Items not on the agenda; limit 3 minutes; issues may be considered for
discussion on a future agenda. Please keep comments on point and respectful .:_o:18:oc)
David Taylor said he would like the water and sewer impact fees for new businesses to be an item of
discussion on the next City Council Meeting Agenda. He said living in the City of Rexburg has allowed
him many opportunities to operate businesses in the Upper Valley and throughout the Mountain West.
He has been involved in operating an automobile business and other ventures.
Mr. Taylor said he recently submitted a building plan to the city for a franchise business named
Tommy's Express Carwash. When he received the estimated building permit costs, the costs were about
$350,000. He believes the high costs of building permits will block new businesses from building in
Rexburg. He asked the Councilmembers to keep in mind a new business lacks capital; therefore, it
would be difficult for new businesses to be able to pay the high cost of building permit fees.
Mr. Taylor explained he has seen a lot of development in the valley; however, there is a void in
Rexburg of the type of development that will retain our children and grandchildren so they can live in
the valley and make a living. Some of our children move away and later are able to return to Rexburg;
however, they are unable to make a great economic impact on the valley. He wondered what successful
communities such as North Logan, Layton and St. George do to generate new businesses. He said he is
not asking for a rebate on the building permit fees; however, he would like to discuss changes to the fees
going forward.
Items from Council: 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 Museumo:;
Council President Walker reported the Mayor Youth Advisory Board will be meeting tomorrow to
hold a mock city council for their Rexburg Government lot March meetings.
Council Member Johnson reported on the Roadside Clean Up event on Saturday, April �7th from 8
a.m. to IT a.m. The city is assisting the residents that organized the event by supplying trash bags and
safety vests. On Monday, May 13th the city is hosting the Eagle Park Clean up from 5 p.m. to 7 p.m. She
encouraged all to attend these clean up events. Mayor Merrill also reported he was at the Skate and Dog
Park the other day and asked the patrons visiting the parks if they would assist the city by picking up
the trash that has accumulated during the winter months. The residents said they would organize a
community clean up event for the Skate Park and Dog Park on Saturday, March 3oth at noon.
Other Reports:
Mayor Merrill said the city was awarded a two -million -dollar Reconnecting Communities grant from
the U.S. Department of Transportation. The city is using those grant funds to complete the studies and
design work for the overpasses along Highway 20.
Staff Reports: - -
A. Finance: - Matt Nielson
i. Financial Reports
Finance Officer Nielson reviewed the Cash and Investment Balance Report. He said about 8o% of
the invested funds are in the duration of two years. The Finance Department is slightly changing their
investment strategy to try to get the ladder to be closer to the 2-3 years mark, meaning that when they
reinvest instead of 12 to 18 months, they will look at 2-3-year terms. He said he also tries to match the
terms to the capital improvement plan for cash flow purposes.
CITY OF REXBURG
FY 2024
CASH & INVESTMENT
BALANCE REPORT
%of Total
BALANCE
Portfolio
AS OF
CASH 8 INVESTMENTS
Rate'Yield
< 1 YEAR
1-2 `'ears
2-_. Y-ars
3-4 Years 4-5 Yeas
> 5 YEARS
2,129i2024
Cash On Hand
NA
326G
01.0
.2tk?
£'ons Banc General Checking
NA
534,553
1-10 %
534.3
Z. ons Bank I'mro1 Checking
NA
366,738
0.75%
366,T38
i ions Bank Collateraiad Aod
020%
2,471,435
5.09`. a
2,471 435
Key Bank CheckitgiRLFI
CAT%
61,313
0_i3%
61.313
Yi4Bs Fargo Dn,4 Fund Checking
0.01%
13,822
0.03'.%0
13,829
Wets Fargo Fire (tst ict Banking
0.03%
251.012
0.52%
251.012
Bank of Conn erce Legacy FAA
a_10%
67.017
0.14%
67,017
Total Cash Accotetts
3,769.157
7.76
3.769.157
Bark of Commerce Bard CD
2-84%
287.389
0-59%
287.389
L1'estraykCD
2.05%
26'1,994
0.54%
2619994
Beehive Crecit Union CD
248%
250.153
0.51%
250.113
Fronter CU CD
2.02%
518273
1.07%
518.273
Idaho Central Credit Union CD
? 97%
250.025
0.51%
250.025
Mouraain Anreica C-edit Union
3-40%
10.691
0.02%
10,691
Citizens Community Bank
4.50%
23$000
049%
238.000
Citv Golf Cart CD - Internal
3-00%
1%.796
0.32%
156.796
Total Certificate of Deposit Investments
1.816,525
156.796
COG%
1,973.321
R9aeton Asset Management
5.02%
4,%8.702
1,773.448
2.65154T
254.720
19.70%
9.570,417
Zkxu Batt Canal Aa-.izors
5.18%
2,274,555
1,919,351
%8,277
250.31 I
11.12%
5,402 494
T'dl - Bond Im,a tment
2.74%
3,400.13M
2,371,534
2.068,785
1,2'61,454 988.w
20.TT%
10,091.633
rA - Bond Investnent - Fre Dstrict
a.60%
611,166
1.26%
611.166
State Dr&wsified Born Fund
3.591/1
1,663.045
1,98Z230
-512,542 8.56%
4,157.817
StateLGIP-City5.41%
11,529.059
204,139
24.15%
11.733,198
StateLGIP-FneDistrici
541%
655497
11,615
1.37%
667.612
StateLGIP=iLF
6-41%
271.501
4.807
0-57%
276,309
Total Managed Invesunents
25,023,404
8.262,317
5.680,609
1,766.486 988.980
512.542 $7.51%
42.510.647
Real Estate Investments iStreetsy
NA
610,983
0.67%
327,334
Total Real Estate ktvesonents
610.093
0.671.
327,334
GRAND TOTAL
31.219.169
8.262.317
5.680.609
1,766Q 1.145.TT6
512.542 100%;
9
LIO
.
11.
,< .4
AN s
Finance Officer Nielson reviewed the Treasurer's Expenditure Report by Fund Report. There are
about five different funds for the streets that have reserves. He has discussed ramping up the
construction projects for the next few years with Public Works Director Davidson. He noted when
talking about fund balance versus cash and investments in governmental accounting in a business type
fund such as sanitation, water, and wastewater you have to include the assets.
CITY OF REXBURG
TREASURER'S EXPENDITURE REPORT BY FUND
MONTH ENDING 2/29/2024 Ca 41.7%OF THE FISCAL YEAR 2024
41.75E
CASH/
PERSONNEL OPERATIONS OTHER CAPITAL TRANSFER TOTAL REVISED FUND INVESTMENT
FUND EXPENSE EXPENSE EXPENSE EXPENSE EXPENSE EXPENSE BUDGET SPENT BALANCE BALANCE
__o ox
c,,___
1.607.d15
v.S1,373
IF.062,700
_c OPERATIONS
250,435
212,280
112.2-;
1.G51.625
5,408. b00-
._
__z
67 C25
3.750
C
C.
85,206
311.400
'OVS
._.
= .111
0
Sn,508
0
308,544
L060,700
10=:
-_.
0
0
0
,.
0
0
17,000
.._'.;, ,
_
607
0
0
0
607
3,2C0
0
0
14,313
45.a00
__-
-..-
_�
232
0.
63,500
0
63,732
75.300
36`-.
_ o c : _ .. : c3VICES
1,536 ='
626,661
104,420
71,183
0
2,333r=10
5:562,900
12
-
--. -
_.
=>-aIC
0
49
0
1-a,417
0
1E,166
1:157,oCX}
_
_.: _.._--
0
0
0
0
16,670
16,670
4C.000
12'c-
__EN-E:'sP_OYEE
0
6,090
651001
12'2u
26,625
21,316
1.015
0
0
5+4,166
601,400
„
7,647
0
C
0
7,647
253,&V
___ _ _
_- -__
200136e
6651585
340,160
165,175
0
1,39 L.
3237,000
=26,651
315,433
1195>G
159.859
0
1,321,E '.
4,778,400
zzi-
__ __ _ _
61886,06
,_
539,175
5351122
5551645
1n,959
0
L774,105
1011101100
11'S
=_ __.._ _
7,2214.293
264,537
42,167
55,550
0
0
362,305
L11$000
3T:
_.__.._
1,026.073
__ vc_C-.6'FC '.-v3:'A'IOR SYSTEM
167,611
=9,362
0
0
0
217,203
536,70C
zc-y
-31.677
L
30 DOWNTOWN REV :-C._'_4 ION
0
0
0
0
0
0
0
0%
0
31 SHOP BUILDL..=
0
0
0
0
0
0
0
0%
0
32 NEW B! DG C -,
0
0
0
0
0
0
425,000
09f
1.200,000
33 STREE---..-===.-=-AL
0
0
0
0
0
0
667.51
OP:
s.D79,432
34 WATER C::=:--_-,ESE3V'_
0
0
0
0
0
0
1,250AG0
0°:
_ 50E,793
35 SEWER CAP...-_=:ESERVE
0
4,716
0
0
0
4,71'
2,944,600
Oi:
36 ARTS PROW -GA -ION
0
0
0
0
10,420
10,420
70,000
15i:
_: _ 726
37 PARAMEDIC CARE WILDLAND
108,549
32,869
0
39,999
0
161,417
1,399,300
13,c
38 PARKS IMPACT FEE CAPITAL
0
0
0
33,131
12,500
45,681
841,000
5',
=20.716
39 TRAILS OF MADISON COUNTY
0
0
0
0
0
0
50,000
0`r
_:. -75
40 R0rv:A\'CE THEATER
20,393
22,460
0
26,136
0
6f"990
305,800
23'u
41 F1:= .. ..-= _ :-ION
0
0
0
0
0
0
495,000
0`'
192,387
A2 WA -ER Ca:Cw_ CONSTRUCT
0
0
0
0
0
0
715,000
W9
0
43 STREET REPAIR/RECONSTRUCTION
0
7,683
0
39
0
7,721
3, 152XO
0%
2,661,459
44 STREET NEW CONSTRUCTION
0
0
0
772,058
0
772,05E
2,082,500
37-1
172,176
47 AIRPORT OPERATIONS
7,17E
6,612
9,065
0
0
22
61,300
37`.6
- -5E•
48 AIRPORTCONSTRUCTION
0
0
0
93
0
93
366,600
0%
"_ _ -
PERSONNEL OPERATIONS
OTHER
CAPITAL
TRANSFER
TOTAL
REVISED
FUND
a FUND
EXPENSE
EXPENSE
EXPENSE
EXPENSE
EXPENSE
EXPENSE
BUDGET
SPENT
BALANCE
0
0
1,429,107
2,312,195
2,750,979
3,831,632
169,250
478,912
401,629
269.875
29,462
3=-i,669
0
2,911,037
77,672
-10,723
74,105
CASH/
INVESTMENT
BALANCE
49
AIRPORT RE! OCATION RESERVE
0
0
0
0 0
0
3E.000
0::
1,021,ssE
1,C156,995
50
GOLF COURSE OPERATIONS
169,136
113,778
25,635
52,145 0
360,694
1,369,900
26L;,
415,962
223,171
51
GO_F COURSE DEBT SERVICE
0
0
0
0 0
0
197,200
0%
-111,653
-159.349
52
SEWER CAPITAL CONSTRUCTION
0
0
0
38,167 0
36,167
2,650,000
1%
0
753,209
53-58
LID CONSTRUCTION FUNDS
0
128
0
382,398 0
382,525
2,950,000
13%
-689,163
-1.071.68E
59-79
LID DEBT SERVICE FINDS
0
0
0
0 0
0
694,700
0?E
4,6311551
-1.6-1 .S27
£1
REXBU RG C'U LTURAL ARTS
29,216
64,902
0
0 0
94.116
280,900
34%
0
-.563
£2
FIBER CONSTRUCTION
0
0
0
74,690 0
74,690
200,000
37'.
330,646
255,956
63
ENTREPRENEURIAL PROGRAMS
0
169,211
0
0 0
169,211
23,600
717ie
67,038
-10.503
£4.
N INTERCHANGE CONSTRUCTION
0
0
0
0 0
0
3,031,000
OS_
0
0
65
COMM. SAFETY LIGHTING
0
1£,292
0
383,852 0
402,144
570,000
71zx
843,414
54654
66
FIBER OPERATING
0
3,450
0
0 0
3,45C'•
150,000
0i%
0
17,223
91
SHOP WITH A COP
0
17,853
0
0 0
17 `.?
17,000
105i4.
43.967
47,533
93
AMBULANCE CAPITAL REPLACEVEN-
0
0
0
0 0
402,600
0%
-06.082
417,217
..
REXBL'RG ARTS COUNCIL TRUST
0
0
0
0 0
0
O%
it
0
95
C11' S01!3 FOUNDATION
0
0
0
0 0
10,000
0';:
5,069
5,0690
-__
TOTAL $8,309,005 $4,084,826 51,849,170 52,873,938 $1,647,205 $38,964,145 $81,981,400 23% 585,258,888 $48,580,499
Citizens are Invited to inspect the detailed supporting records of the above financial statement.
This repot can be found cn our .vebsde at wvm. roxbu ra. oralf na rice. page � (n aneial-reports
2. Review and approve options for Pickle Ball Courts
Finance Officer Nielson said a survey was sent to respondents asking first if they play pickle ball
and 185 respondents replied saying they play pickle ball. The second question they asked the 185
respondents was to choose one of the two options: build four courts indoors or build eight courts
outdoors. The results were too respondents said build four indoor courts and 85 respondents said
build 8 outdoor courts. The respondents were then asked if they would be willing to pay a fee to use
the indoor courts. The responses for the amount of fee the respondents would be willing to pay ranged
largely in dollar amount.
Finance Officer Nielson reviewed a map of where the pickle ball courts would be built in the Don
Jo Sports Complex. He also reviewed the dimensions of the courts. He recommended to bid out for
four post tension concrete courts with the first bid alternate for lighting and a second bid alternate
with fencing. The reason for the bid alternates is if there is sufficient funding in the fall to build a
building covering the courts then would not need the fencing or the lighting.
Council Member C. Erickson asked if a bid could be requested for the building as well. Finance
Officer Nielson replied yes, a bid for the building could also be obtained and he believes the cost is
going to be about $400,000.
Council Member Johnson expressed her concerns with covering the courts and charging patrons
to use the courts because it adds another layer of costs and possible issues. She believes it would be
easier not to charge to use the courts. Finance Officer Nielson said whether the city decided to charge
or not to charge oversight of the courts will still be needed.
I r-36'-0'�
I.:
I
68 -0"64 -0"
3
Council Member Chambers asked how the indoor courts are going to be heated. Finance Officer
Nielson replied, the building would be heated with infrared heaters over the base lines, the building
would not be completely insulated.
Council Member E. Erickson moved to approve to bid the four Pickel Ball Courts and
alternate bids for lighting, fencing and building; Council Member C. Erickson seconded the
motion. Mayor Merrill asked for a vote:
Those voting aye- Those voting nav
Council Member Johnson none
Council Member Chambers
Council Member C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
B. Public Works: - Keith Davidson
i. Surplus Cardboard Baler
Public Works Director Davidson explained about 12 years ago the city purchased a cardboard
baler for BYU-Idaho University, when they were operating their community recycling program. Some
of the reasons he is recommending to surplus the baler are parts for the baler are no longer available
and BYU-Idaho is no longer participating in the community recycling program. The city is using
Western Recycling to pick up the go -gallon containers containing recyclables from the resident's
homes.
Council Member Johnson moved to approve the Surplus of the Cardboard Baler;
President Member Walker seconded the motion. Mayor Merrill asked for a vote:
Those voting aye
Council Member Johnson
Council Member Chambers
Council Member C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Those voting nav
none
Public Works Director Davidson recommended setting the Spring Clean Up Days from April 15th
to May 6th.
Mayor's Business:
A. Historical Preservation Commission Appointment Ratifications for Rick Robinson, Ronny Nowland,
Jason Flora, Jamie Patten, Lisa Jones, and David Jones
Mayor Merrill recommended ratifying the appointments of Rick Robinson, Ronny Nowland, Jason
Flora, Jamie Patten, Lisa Jones, and David Jones to the Historical Preservation Commission.
Council Member Reeser moved to approve to ratify the appointment of the following individuals:
Rick Robinson, Ronny Nowland, Jason Flora, Jamie Patten, Lisa Jones, and David Jones to the
Historical Preservation Commission; Council Member Chambers seconded the motion. Mayor Merrill
asked for a vote:
Those voting ave Those voting nav
Council Member Johnson none
Council Member Chambers
Council Member C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
2
Mayor Merrill mentioned several meetings and events taking place at the beginning of April in the
city. There is the Local Emergency Planning Committees (LEPQ meeting on April 3rd in the morning.
The community Easter Egg Hunt is on Saturday, March 30th at Porter Park. The Kiwanis Club, with help
of city staff, has been able to collect 47 bikes as prizes for the Easter Egg Hunt. These bikes were
donated by local businesses. The city's Economic Development Department held their Big Idea
Competition. There were 18 competitors that presented business ideas and three winners. The first -
place winner won $500, second -place winner won $30o, and third -place winner won $ioo.
Mayor Merrill reported the Chamber of Commerce had restaurant rush week. The Idaho National
Laboratory (INL) invited him and the Councilmembers on a tour of the INL. Council President Walker
added anyone can tour of the INL. A group called Madison Interagency Council held a meeting at city
hall. David Merrill is the organizer of that council. The council consists of all the non-profit entities in
the area.
Mayor Merrill reported he and Council President Walker attended the Community Conversation
Event. The event focused on Law Enforcement and Behavioral Health, Resources for Children and
Families, Recovery Coaches and Support Meetings. He also attended a Cloud Seeding Program Board
meeting. The city contributes a few thousand dollars to the cloud seeding program. He said other
entities contribute to the programs such as electrical power companies, canal companies, etc.
Items for Consideration:
A. City staff recommendation to approve the Police Department Equipment Lease Purchase
Agreement. Designated as Resolution No 2024 — 03 if motion passes — Matt
Nielson, Shawn Scott, and Joshua Rhodes
Finance Officer Nielson explained the city started to lease police patrol vehicles about five to six
years ago. They are starting to turn in their first round of leased vehicles this year. The lease was
through Bancorp; however, the Police Department is experiencing supply chain issues through
Bancorp. By the passage of this proposed resolution, it gives the Police Department the option to use a
different company. There are benefits of having two companies because they can benchmark the two
companies against each other to determine which one is offering the lower price and vehicle availability.
City of Rexburg Police Department Equipment Lease Authorization
Resolution No 2024 - 03
A RESOLUTION OF THE GOVERNING BODY OF REXBURG CITY, AUTHORIZING THE EXECUTION AND DELIVERY OF
AN MUNICIPAL LEASE -PURCHASE AGREEMENT WITH RESPECT TO THE ACQUISITION, FINANCING AND LEASING
OF CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN THE TERMS PROVIDED HEREIN; AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE
TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY
THIS RESOLUTION.
WHEREAS, the City of Rexburg (the `Lessee'% a city duly organized and existing as a political
subdivision, municipal corporation or similar public entity of the State of Idaho, is authorized by the
laws of the State of Idaho to acquire, finance and lease personal property for the benefit of the Lessee
and its inhabitants and to enter into contracts with respect thereto; and
WHEREAs, the Lessee desires to acquire, finance and lease certain equipment up to oo Ooo in total
equipment financed constituting personal property necessary for the Lessee to perform essential
governmental functions (the "Equipment"); and
WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into Municipal Lease -
Purchase Agreements (the `Agreements'] with Financial Pacific Leasing, Inc. DBA Umpqua Bank
Equipment Leasing & Finance (or one of its affiliates), as lessor, (the `Lessor'), the form of which has
been presented to the governing body of the Lessee at this meeting; and
WHEREAS, the governing body of the Lessee deems it for the benefit of the Lessee and for the efficient
and effective administration thereof to enter into the Agreements and the other documentation relating
to the acquisition, financing and leasing of the Equipment to be therein described on the terms and
conditions therein and herein provided;
Now, THEREFORE, BE IT AND IT Is HEREBY REsoLvED by the governing body of the Lessee as
follows:
Section 1. Findings and Determinations. It is hereby found and determined that the terms
of the Agreements, in the form presented to the governing body of Lessee at this meeting, are in the best
interests of the Lessee for the acquisition, financing and leasing of the Equipment.
Section 2. Approval of Documents; Designation as Bank Qualified. The form, terms and
provisions of the Agreements are hereby approved in substantially the forms presented at this meeting,
with such insertions, omissions and changes as shall be approved by the City Council of Rexburg of the
Lessee or other members of the governing body of the Lessee executing the same, the execution of such
documents being conclusive evidence of such approval; and the Mayor of Rexbur>; of the Lessee is
hereby authorized and directed to execute, and the City Clerk of the Lessee is hereby authorized and
directed to attest, the Agreements and any related Exhibits attached thereto and to deliver the
Agreements (including such Exhibits) to the respective parties thereto [, and the City Clerk of the Lessee
is hereby authorized to affix the seal of the Lessee to such documents].
Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all
action necessary or reasonably required by the parties to the Agreements to carry out, give effect to and
consummate the transactions contemplated thereby (including the execution and delivery of a Final
Acceptance Certificate, escrow agreements, disbursement requests and any tax certificate and
agreement, as contemplated in the Agreements) and to take all action necessary in conformity
therewith, including, without limitation, the execution and delivery of any closing and other documents
required to be delivered in connection with the Agreements, including designation of the Agreements as
"qualified tax-exempt obligations" under Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as
amended, if requirements for such designation can be met.
Section 4. Appointment of Authorized Lessee Representatives. The Chief Finance Officer
and the Mayor of the Lessee are each hereby designated to act as authorized representatives of the
Lessee for purposes of the Agreements and any escrow agreements until such time as the governing
body of the Lessee shall designate any other or different authorized representative for purposes of the
Agreements or any escrow agreement.
Section 5. Severability. If any section, paragraph, clause or provision of this Resolution
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such
section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Resolution.
Section 6. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent
herewith, are hereby repealed to the extent only of such inconsistency with respect to this Resolution.
This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part
thereof.
Section 7. Effective Date. This Resolution shall be effective immediately upon its approval
and adoption.
ADOPTED AND APPROVED by the governing body of the Lessee this _ day of 2024.
THE MY OF REXBURG,
as lessee
[SEAL] /
`�
' it
By,� ✓v�LZ
tinted Name: Jerry Merrill
Title: Mayor
ATTEST:
By:
Printed: Name: Deborah Lovejoy
Title: City Clerk
Finance Officer Nielson continued to explain the face of leasing verses buying a vehicle has changed
a lot in the last five years. He said in his opinion it is more expensive to lease the police vehicles than to
buy them outright and operate them for a longer period of time, about seven to eight years verses the
five-year lease time. The leasing of the patrol vehicles may still be beneficial; however, not as beneficial
for the administrative division. They may need to consider purchasing the vehicles for the
administrative division.
Terms and Conditions:
Lessor: Financial Pacific Leasing_ Inc_, d.b.a. Umpqua Bank Equipment Leasing cC
Finance. a subsidiary of Umpqua Bash or it's assigns (lessor )
Lessee(s): Rexburg City
Equipmenr Fininciti=
Vehicle: Municipal Lease-Ptrchase Ameemeat
Equipment & Cost: Various vehicles listed oa Exhibit "A" attached with this proposal as a separate
excel spread sheet +the "Egiupmeat " r. All Equipment :hall be satisfa-_tory to
Lessor.
Lease Amount: Not to exceed $250.0 0.00 in the a_gre_ate.
Lease Term: Five (5) Fears
Pa:-meuts: Five (5) payments, pa. -able aaaually to be paid April l' afeach Year be4ianing
April 1. 10' 1, v,ith the final pa --meat on April 1, '_o=es.
me
Periodic Funding per Vehicle
Structure: Individual lease aereements for each vehicle. Vehicles would be pre -accepted to
allow- firnds to be disbursed to the appropriate vendor(s) ahead of actual delivery
of the vehicle. A fee of $100 per vehicle will be payable by Lessee upon
execution of agreement A titling fee of $10 per vehicle will be due as each
vehicle is delivered. A fee of S250 for legal counsel will be due at time of lease
commencement.
Interest Rate: The amount funded for such equipment on a lease shall accrue interest at the tax-
exempt rate of 5.38% per annum, payable in advance. The amortization schedule
for the lease for such equipment shall provide for a principal payment schedule
resulting in level debt service payments.
The interest rate specified above is based upon the 5 year like term US Treasury
Rate sourced from Chatham Financial Market Data ("Index") at 4.311% as of
8r l l i2023. Should the Index. increase prior to any final acceptance of equipment
under a lease, the interest rate shall be adjusted to maintain the economic returns
anticipated by Lessor. The interest rate becomes fixed for each individual lease
agreement upon final delivery and acceptance of the specific vehicle for said
agreement.
Earl- Buy -Out Opriou: So lone as (i) Lessee is current in the payment of all rent and other amounts due
under the lease. (ii) no event of default or event of non -appropriation exists under
the lease. and (iii) subject to a vuininium of 30 days written notice to Lessor.
Lessee term may terminate the lease on the three year anniversary of the
Commencement Date of the lease b_; payin the currently due rental payments. as
well as outstanding principal component of the lease. and any other past due
amounts or other amounts duce tinder the lease, plus any applicable taxes. The
equipment shall be conveyed to Lessee on an 'as -is, where -is basis, without any
representation or warranty from Lessor.
Any prepayments other than the Early Buy -Out Option shall be solely with the
prior written consent of Lessor.
C oinineucerneur hate
and .ACC ep ratite The Commencement Date for each Lease entered into under this Option B shall
be the date that funds are remitted to the vendor for said vehicle. Conditions for
remitting funds to the vendor shall include: (i) evidence of the listing of Lessor's
lien on the vehicle title for said Equipment and (ii) acceptance of the Equipment
by Lessee. The parties agree and understand that Lessee's unconditional
acceptance of the Equipment vis-a-vis the Lessor, does not waive any rights and
remedies that Lessee has and shall retain against the vendor.
Additional Provisions
Tax Benefits:
The lease shall be considered a municipal lease,purchase and shall qualify for
tax-exempt status under federal tax law. Lessee shall pay all fees, assessments.
sales, use, property and other taxes imposed. except those levied on the net
income of Lessor by the United States, the State of Utah. or other applicable
jurisdiction. The documents shall include the standard covenants.
representations. and warranties applicable to a tax-exempt financing.
End of Lease Options:
At the end of the five-year lease term. Lessee will have the option to purchase all..
but not less than all. of the Equipment under a lease for $1.00.
Expiration of Facility:
All takedowns shall occur prior to 5:1 24, and without written consent of Lessor
to extension, the facility shall expire. Lessor shall have no obligation to lease any
item of Equipment after said date.
Net Lease:
All costs of operation, maintenance. taxes, insurance and other affiliated costs
will be paid by Lessee as this transaction has been structured as a triple net lease.
Insurance:
Lessee will provide evidence of all-risk physical damage and liability insurance
coverage in such amounts and with deductibles all as may be required by Lessor.
In addition. endorsements and assignments of such policies shall name Lessor
(and its assigns) as loss payee and.'or additional insured. as may be required by
Lessor. All insurance coverage shall be from a carrier acceptable to Lessor.
Maintenance:
Lessee shall, at its sole cost and expense, maintain the Equipment in compliance
with all statutes, laws. ordinances, regulations, standards. and directives
(including enviromrental) by any governmental aeeacy and the Equipment must
be maintained in accordance with all manufacturer's suggested and
recommended maintenance procedures including preventive maintenance: and
such other maintenance and return conditions as the Lessor may require.
Lieutenant Scott explained which equipment in the patrol vehicles can be removed from the lease
vehicle to continue to use. The radios are reused which saves the city about $4,000 for each radio. The
vehicles video systems and radars are also reused. Mayor Merrill asked how many times they switch out
and reuse that equipment before having to purchase new. Lt. Scott said he hopes to be able to switch
out and reuse the equipment twice before having to purchase new equipment which is about 10 to 12
years. The company they used to purchase and replace the radios was sold. Their radios are currently
about 10 years old so they will need to be replaced.
Council Member C. Erickson asked if the lease price of the vehicles also included the maintenance
of the vehicles. Finance Officer Nielson replied yes, the maintenance was included. Council Member
Johnson asked if the monthly milage allowance was sufficient for the patrol vehicles. Finance Officer
Nielson said the milage was sufficient; however, there were some vehicles that went over the mileage
and some that have a lot less mileage.
Council Member C. Erickson moved to approve Resolution No 2024 — 03 the Police
Department Lease Purchase Agreement; Council Member E. Erickson seconded the motion.
Mayor Merrill asked for a vote:
7
Those voting ave
Council Member Johnson
Council Member Chambers
Council Member C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Those voting nay
none
B. Staff recommendation to approve a public/private partnership contract for a Community
Ice Rink — Matt Nielson and Stephen Zollinger
City Attorney Zollinger explained he met with the representatives of R&R Group. They are still
finalizing details on a contract that would be executable. There were a few issues that slowed down the
process, insurance being one of them; however, they have worked through the insurance issue. Mayor
Merrill said there is another meeting scheduled with R&R Group on Tuesday to show the final drawing
of the ice-skating rink building. City Attorney Zollinger added there is no contract to consider tonight.
Council Member E. Erickson asked how the process is coming along. City Attorney Zollinger said
the letter of intent that was reviewed at the last City Council meeting spelled out the terms that they all
felt they could live with; it is now in the process of letting lawyers turn them into documents that will
survive the departure of one of the R&R Group representatives and himself. City Attorney Zollinger said
they desire the terms of the contract to be understood by everyone and not just those currently making
the decisions.
Calendared Bills:
A. Second Reading: Those items which have been first read: NONE
B. 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.
A. Minutes from March 6, 2024, City Council Meeting
B. Approve the City of Rexburg Bills
Council President Walker moved to approve the Consent Calendar containing the minutes
and city bills; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote:
Those voting ave
Council Member Johnson
Council Member Chambers
Council Member C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
Adjournment 7:50 P.M.
Attest:
M rianna Gonzalez, De rtyer—k
Those voting nay
none
AEP OVED:
Je Mer ' ; Ma .or