HomeMy WebLinkAboutCouncil Minutes - October 2, 20241
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City Council Minutes – October 2, 2024
Mayor Jerry Merrill Council Members:
Bryanna Johnson Eric 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
6:30 P.M. (00:01:32)
Council Member E. Erickson said the prayer.
Council Member Chambers led the pledge.
Roll Call of Council Members:
Attending: Council Member Johnson, Council Member Chambers, Council Member C. Erickson,
Council E. Erickson, Council Member Reeser, and Council President Walker.
Mayor Merrill did not attend the meeting.
Presentation: Police Department Certificate Award Recognitions (00:04:23)
Police Chief Rhodes explained there is a lot of work that goes on behind the scenes in the Police
Department with certifications and training. A lot of the training is completed within the Police
Department by other certified police officers. He said he is presenting some of the more significant
certifications and training that have been completed by the following officers.
Police Chief Rhodes asked Lieutenant Shawn Scott to come up to the front of the room. He said
Lieutenant Scott has worked for the Rexburg Police Department since 2011. Prior to working for the
Rexburg Police Department, he worked for the Madison County Sheriff's Department and previously in
2005 for the Bonneville County Sheriff's Department in Corrections. Lt. Scott completed all the
requirements to receive the Idaho P.O.S.T. Academy management certificate. The management
certificate requires over 100 hours of training specific to leadership at a higher level than the Police
Department’s normal training courses, so it takes a long time to complete. At the Police Department
they focus on helping their leadership to continue to become better and better. He expressed his
appreciation for Lt. Scott for all he does for the Police Department. Lt. Scott has been a huge asset for
the Rexburg Police Department. He worked in community policing for 10 years before becoming a
Patrol Sergeant and currently a Patrol Lieutenant.
Police Chief Rhodes explained the Police Department held a meeting a few months ago to recognize
the officers and detectives who worked on the Daybell case. The meeting was held at the Romance
Theater with some of the Councilmembers in attendance; however, Council Member Colin Erickson was
not able to attend the meeting, so Chief Rhodes did not have the opportunity to recognize Council
Member Colin Erickson for his efforts and time spent on the case as a Lieutenant. Chief Rhodes said at
the meeting he awarded the officers and detectives with the Chiefs Commendation pin. The pin could be
worn with their Class A uniform. There is several different live saving awards officers can earn;
however, the Chiefs Commendation pin is in recognition of officers that go above and beyond.
Police Chief Rhodes read a letter that was written for each officer and detective that assisted in the
Daybell case.
November 20th, 2019, at the request of Gilbert, AZ, Police Department, the Rexburg Police Department
began looking for a Jeep belonging to Tylee Ryan. A short time later, Rexburg police were requested
to conduct a welfare check on Tylee Ryan and JJ Vallow. When the case first began to unfold, we
discovered that Tylee Ryan and JJ Vallow were missing. We could not have comprehended how much
this case would change all of us as individuals, as a department and as a community. The gravity of
the situation, the urgency to find the children and the deep concern for their safety brought a sense of
purpose and determination to every member of our team, this case affected some more than others,
but all in their own way. The complexities and darkness of this case caused sleepless nights,
flashbacks and immense stress. It also had an impact on our families and as many of you spent
extended time away from home during the investigation, trial preparation and especially during the
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trials, the personal sacrifices made during this time were significant and are deeply appreciated. It is with great pride and deep respect that I write this commendation to recognize the exceptional hard
work, sacrifice, dedication and unparalleled cooperation demonstrated by our team in this successful prosecution of Chad and Lori Daybell. Unwavering commitment to justice has not only brought a
measure of closure to the families and victims, but also reaffirmed the integrity and resolve of our department.
The investigation into the tragic deaths of Tylee Ryan, JJ Vallow and Tamara Daybell were both
emotionally and physically demanding. Each of you faced immense challenges and endured personal sacrifice to ensure that justice was served. Your tireless efforts in gathering evidence, conducting a
thorough investigation and supporting the prosecution was instrumental in bringing Chad and Lori Daybell to justice. This commendation is a testament to the exemplary character and professionalism
you exhibited throughout the extremely difficult process. Their collective resolve and dedication to the victims and their families have left a permanent mark on our community and have set a standard of
excellence for all of us. Individually, each of you played a crucial role in this investigation.
Retired Lieutenant Colin Erickson, your meticulous attention to detail, unwavering pursuit of truth
and cooperation with other agencies brought justice for the victims, in this case. Your hard work and
dedication have not only honored the memories of Tylee, JJ and Tamara, but have also strengthened
the bond between our department and the community we serve. You exemplified the true spirit of law
enforcement, and our efforts have brought hope and healing to those affected by these tragic events.
On behalf of the Rexburg Police Department, I extend my heartfelt gratitude and award you with the
Rexburg Police Department Chiefs Commendation Award. Your contributions have made a profound
impact, and your legacy of justice will endure with deepest respect and appreciation.
Police Chief Rhodes said he cannot express how much gratitude he has for the sacrifices all the
officers and detectives made while working on the Daybell case. He presented the Rexburg Police
Department Chiefs Commendation Award to Council Member Colin Erickson.
Council President Walker thanked all the Rexburg Police Officers for all they do to make our
community safer and a better place to live.
Presentation: Open Primaries Initiative Proposition 1 – Hyrum Erickson (00:11:32)
Hyrum Erickson said Idaho residents will vote on Open Primaries Initiative Proposition 1 in 35 days,
so the Councilmembers are going to get a lot of questions about Proposition 1 given their position in the
community. He said he wants to make sure they understand the proposition and have an opportunity to
ask any questions. Hyrum Erickson continued with his presentation on the Open Primaries Initiative
Proposition 1.
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Hyrum Erickson explained how the general election works with the Open Primaries using the open
primaries sample ballot from Alaska. When there are four candidates, in the first round the 1st place
votes are counted. If a candidate receives 50% of the votes, that candidate is the winner, and in Alaska,
60 of their 70-state legislature races, the winning candidate has received 50% of the votes in the first
round, so a second round is not needed. If the second round is necessary, then the candidate with the
least number of votes is removed from the ballot, and if a voter voted for the candidate being removed,
then their next preferred candidate counts. So, it is functionally the same as having four candidates. The
primary election continues with three candidates. If the voter’s preferred candidate is not available,
they need to decide who they would prefer. The process continues until there are two candidates at
which point there will be a candidate with 50% of the votes or until a candidate secures 50% of the
votes. This means that a candidate cannot win with only 30% of the votes. When a candidate is
profoundly unpopular with the other 70%, it encourages coalition building. It encourages you to talk to
people who may not be your natural base. It disincentivizes scorched earth politics and it guarantees
that everyone in the state has an opportunity to vote in these elections.
Council Member E. Erickson said there are two concerns that arise with Open Primary elections.
The first concern is that sometimes the 2nd place winner can win the election. For example, in the
second round of the election the candidate that secured the most votes in the first round can lose the
second round, which for some voters they foresee as a problem.
Hyrum Erickson explained mathematically it is certainly possible for the first-choice candidate to
lose to the second-choice candidate; however, it is not the most common outcome most of the time. The
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person that is ahead, particularly when you've only got 4 candidates, which is most of the time, is going
to end up crossing that 50% threshold first: however, not all the time. You can imagine the scenario
where the votes are right around the same percentage for all four of the candidates because they are
relatively popular; however, there was one of the candidates that secured slightly more votes than the
rest. Though that candidate secured slightly more votes is unpopular with the rest of the voters, in that
scenario, by removing the candidate with the lowest votes, the voters that voted for the 4th place
candidate probably did not rank that candidate second so in that scenario, yes one of the other
candidates could surpass the votes of that candidate who had secured slightly more votes in the first
round. He said that type of scenario is not a bug in the system, it is a feature because the voter may want
candidates with broad appeal. He believes having an Open Primaries voting system is a better design
than the one currently in place.
Council Member Johnson asked if in the mentioned scenario, the winning candidate got more votes
total? Hyrum Erickson replied yes, the winning candidate received the most votes.
Hyrum Erickson explained in the scenario mentioned, it is called an instant runoff; however, the
state can decide to have an ordinary run-off election with four candidates. If a candidate secures 50% of
the votes they win. If none of the candidates secure 50% of the votes, then in two weeks they run
another election with three candidates rather than four and then you may have a different candidate
that second time with more votes. So yes, one person, one vote is an option. You only have one vote, and
it goes to whichever candidate you prefer.
Council Member E. Erickson said one more point that keeps coming up with Open Primaries is this
idea that if you do not rank your choices, you are just voting for the one candidate in the first round,
and don't vote for the other four that somehow your vote doesn't count if it goes to a second or third
round.
Hyrum Erickson explained if he is being charitable, he would describe that someone is
misunderstanding the Open Primaries process. If he is less charitable, he would suggest that there are
some people that are intentionally trying to scare people by misrepresenting what happens to
someone’s vote for the fourth-place candidate. If that's who you voted for then your vote absolutely
counted, that candidate just lost, which happens all the time. We all have voted for candidates that
didn't win, that does not mean your vote didn’t count. Now, if you choose not to rank the other three
candidates because you didn't have a preference between the three candidates, then you didn't
participate in the runoff between those three candidates though that is a choice made by the voter. Your
vote absolutely did count. No ballots are ever discarded.
Public Comment: Items not on the agenda; limit of 3 minutes; issues may be considered for
discussion on a future agenda. Please keep comments on point and respectful. NONE
Staff Reports: (00:29:33) A. Finance: - Matt Nielson
1. Fiscal Year 2025 Budget Adjustment for Romance Theater Masonry Rework Change
order
Finance Officer Nielson explained there is a contractor completing masonry work on the Romance
Theater and they have requested several change orders on different items. Several city staff members
reviewed the change order items. Some of the items were already budgeted; however, there were some
items they felt would be best to put on hold until they can secure bids from other contractors because
the current contractor’s bid is higher. There is damage to some of the bricks that the current contractor
can fix while they are still in town. There are also window metal covers or grates that need to be
removed so while the masonry contractor is here, they can fill the holes left by the metal covers.
Finance Officer Nielson mentioned one of the major change order items is the application of sealant
to the outer bricks of the Romance Theater; however, when they notified the State Historical
Preservation Office (SHPO) they basically asked the city to remove the sealant application from the
items list. City Staff consulted with another party that also recommended the application of the sealant;
therefore, bids were acquired, and the price came back at $20,163. City staff recommended not to move
forward with the application of the sealant without approval from SHPO. City Staff will meet with a
SHPO representative next week. If SHPO approves the application of the sealant, a budget adjustment
of $25,000 is needed; however, if for some reason SHPO does not approve the application of the sealant
then the budget adjustment of $5,000 is needed to address the smaller items.
Discussion regarding the cause of the mortar erosion surrounding the bricks on the Romance Theater.
Council Member E. Erickson asked if SHPO gave an indication of why they did not recommend the
application of the sealant to the Romance Theater. He wondered if the sealant would change the color
of the brick. Finance Officer Nielson said SHPO almost red lined the application of the sealant on the
Romance Theater. City staff are relying on the recommendations of SHPO and the contractor for these
historic buildings so they have set up a meeting so they can discuss their opinions regarding the sealant.
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Finance Officer Nielson said the cleaning of the brick changed the color of the brick slightly in which
case is probably the same amount of change the sealant would cause; however, the sealant would keep
moisture from penetrating through the brick.
Council Member Johnson reminded Finance Officer Nielson that when they were considering
additional funds for the pickleball courts from the general fund, he recommended not to transfer those
funds from the general fund because it may cause the carryover to be lower than the recommended 25%
to 33%. Finance Officer Nielson clarified when considering the additional funds for the Pickleball courts
the funds were from carryover. He will not be able to determine how much the carryover is because the
expenses have not been accrued back to the prior fiscal year. Once the prior fiscal year books are closed,
he will inform the Councilmembers how much is left to carryover and give a recommended percentage.
The $139,100 that is in contingency was passed for fiscal year 2025 that started two days ago.
Council Member C. Erickson asked if the funds to repair the roof at the Romance Theater are in the
budget. He said fixing the roof is a priority because if not fixed it could continue to leak. Finance Officer
Nielson replied, the funds to repair the Romance Theater roof are coming from the Operation Expense
Fund; therefore, the funds are in the budget.
Council Member Reeser asked if SHPO approved the sealant to go on the Tabernacle. Finance
Officer Nielson said the city did not need SHPO approval to apply sealant on the Tabernacle. The reason
the city needs approval from SHPO to apply sealant on the outside of the Romance Theater is because
of an encumbrance due to money that the city received through a federal grant.
Council Member Johnson said she is not in favor of continuing to spend more and more money on
these historical buildings. The repairs do not need to be completed right now since some of the repairs
needed to be completed 40 years ago. There are other priorities besides these buildings and the city
should budget for these repairs and not be going over budget.
Council Member Chambers moved to approve Fiscal Year 2025 Budget Adjustment for
Romance Theater Masonry Rework Change order; Council Member Reeser seconded the
motion; Council President Walker asked for a vote:
Those voting aye Those voting nay
Council Member Chambers Council Member Johnson
Council Member C. Erickson
Council Member E. Erickson
Council Member Reeser
Council President Walker
The motion carried.
B. Public Works: - Keith Davidson (00:39:18)
1. Approval of Engineer Selection for 5th West Extension Feasibility Study
Public Works Director Davidson explained, a year and a half ago the city was awarded the
Thriving Communities grant, which offers one on one help to secure other federal grants; however, the
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Thriving Communities received some funds to offer their cities that they help, so we applied and was
awarded $90,000 to complete a feasibility study for the 5th West River crossing. City staff sought
Request for Qualification from engineering firms for that feasibility study. The city received RFQ’s from
four different firms including: Horrocks Engineering, Forsgren Associates, Keller Engineering, and CTL
Engineering. The selection committee selected Forsgren Associates to complete the study.
Council Member Chambers mentioned there were several questions from the Selection Committee
regarding the 5th West River crossing feasibility study timeline. Public Works Director Davidson replied
Forsgren can meet the timeline the city is looking at and this feasibility study will allow the city to apply
for a 20 million dollar Rebuilding American Infrastructure with Sustainability and Equity (RAISE)
grant through the federal government.
Council Member Johnson asked about the feasibility timeline. Public Works Director Davidson
replied they hope to have the feasibility study completed by January. The set time of when to apply for
the RAISE federal grant is not official yet; however, last year it was towards the end of February. He
said having the feasibility study completed in January should give city staff enough time to fortify the
grant application.
Council Member C. Erickson moved to approve the contract with Forsgren Associates for
the 5th West Extension Feasibility Study; Council Member Chamber seconded the motion;
Council President Walker 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 did not attend the meeting.
Items for Consideration: (00:41:53)
A. Planning & Zoning recommendation to approve a Comprehensive Plan Map
amendment from Commercial to Intermediate Residential at approximately 312 &
316 Grand Loop. Designated as Resolution No 2024-13 if motion passes –
Alan Parkinson
Council Member E. Erickson said he has a conflict of interest; therefore, he is recused from voting.
City Attorney Zollinger reviewed the Planning and Zoning Staff Report for the Comprehensive Plan
Map amendment from Commercial to Intermediate Residential at approximately 312 and 316 Grand
Loop.
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Council Member C. Erickson said there is commercial property lacking in the city, yet this request
is to change the zone from commercial to residential. City Attorney Zollinger replied, the availability of
Class A Commercial property is what is lacking in the city. There has to be a willingness on the part of
the developer to build the appropriate commercial office space. These two parcels have been available
for 20 years as a business park and the only business that developed there was the East Idaho Credit
Union and mixed-use businesses. Council Member C. Erickson wondered if the commercial zones to the
northwest are developed would this zone change have an influence on that development.
John Bagley explained there are townhouses straight north of these two parcels. He plans to build
high end townhomes on both parcels. Council Member C. Erickson said he is in favor of Mr. Bagley’s
plan for the two parcels; however, the Councilmembers should base their decision on the highest
density allowed in the proposed zone and not the development plans.
Council Member Johnson said after listening to the public testimony given at the Planning and
Zoning meeting, she is more inclined to keep the current commercial zone in that area. She also
reiterated Council Member C. Erickson’s comment that they cannot base their decision on the
development plans.
Discussion regarding the density of the property across the street from these parcels. Council Member
Johnson said the property across the street is zoned Medium Density Residential 1; however, the
townhouses were built at a lower density.
Mr. Bagley explained he would build at a less density as well. One of the parcels would only have four
to five units and the second parcel would have five to six units. The reason he is requesting Medium
Density Residential 1 is so that they can build within 15 feet of the property line to have bigger units.
Council Member Johnson said once a decision is made to change the Comprehensive Plan, the
change is indicative of what zones are expected and not only for these parcels but for the surrounding
area. She said she understands there are already several different zones in that area so either zone would
work. The question to consider is if MDR 1 is a fit for that area.
Council Member Johnson moved to deny Comprehensive Plan Map amendment from
Commercial to Intermediate Residential at approximately 312 & 316 Grand Loop. Motion failed due to lack of a second.
Council Member Reeser said even though he is reluctant to change the Comprehensive Plan he can
see the benefits of the change. An MDR1 would allow for more housing, which to his understanding is
much needed in the community.
Council Member C. Erickson said he is not against changing the Comprehensive Plan because there
are condos adjacent to these parcels; however, he is worried about losing the commercial zone and the
worst-case scenario for the proposed zone is 16 units per acre and 40 feet high.
Council Member Chambers said the problem with the parcels being zoned commercial is that the
property is off the beaten path, it is a little bit more difficult for people to see and find. Council Member
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C. Erickson said he agrees with Council Member Chambers about the parcels being off the beaten path.
He said the parcels in the front have developed commercial because they are easier to see; however, the
parcel against the apartments have been pushed out of sight because of the apartment buildings on both
sides.
Mr. Bagley said there isn’t room for parking to go to 16 units per acre unless they stacked or buried
parking underneath. One of the main concerns was traffic; however, that concern is not valid according
to the traffic report.
Discussion regarding traffic studies. Public Works Director Davidson said part of a traffic study is to
determine the traffic flow during the peak hour. They also determine what traffic calming measures
could help traffic flow in and out of that area.
Council Member Johnson said in her personal opinion the city’s infrastructure is not keeping up
with the city growth in a lot of places, even with traffic calming measures especially on the west side.
When high school students were released from school, there were times of day when drivers knew they
could not get through, even without the road construction projects. She said that tells her there is a big
difference between capacity and comfort so that is something else to consider.
Council Member Chambers moved to approve Resolution No 2024-13 a
Comprehensive Plan Map amendment from Commercial to Intermediate Residential at
approximately 312 & 316 Grand Loop; Council Member C. Erickson seconded the motion;
Council President Walker asked for a vote:
Those voting aye Those voting nay
Council Member Chambers Council Member Johnson
Council Member C. Erickson
Council Member Reeser
Council President Walker
The motion carried.
B. Planning & Zoning recommendation to approve a zone change from Community Business
Center (CBC) to Medium Density Residential 1 (MDR1) at approximately 312 & 316 Grand
Loop. Designated as Ordinance No 1321 if motion passes – Alan Parkinson
(01:06:37)
ORDINANCE NO. 1321
Rezone 312 and 316 Grand Loop from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) Zone
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.
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City Attorney Zollinger explained the recommendation to approve a zone change from Community
Business Center (CBC) to Medium Density Residential 1 (MDR1) at approximately 312 and 316 Grand
Loop.
Council Member C. Erickson asked if it was possible to add a condition to the proposed zone
change. City Attorney Zollinger said when the City Council is considering a zone change their decision
should be based on the zone and if it is the right type of growth for the neighborhood not on the type of
development.
Council Member Chambers moved to approve Ordinance No 1321 a zone change from
Community Business Center (CBC) to Medium Density Residential 1 (MDR1) at approximately
312 & 316 Grand Loop and consider first read; Motion Failed due to lack of a second.
Council Member Johnson moved to deny Ordinance No 1321 a zone change from
Community Business Center (CBC) to Medium Density Residential 1 (MDR1) at approximately
312 & 316 Grand Loop; Motion Failed due to lack of a second.
Discussion regarding the proposed development of these two parcels. City Attorney Zollinger asked Mr.
Bagley how many units he is hoping to build on these two parcels. Mr. Bagley said he hopes to build a
total of 11 units.
Council Member Chambers moved to approve Ordinance No 1321 a zone change from
Community Business Center (CBC) to Medium Density Residential 1 (MDR1) at approximately
312 & 316 Grand Loop with the condition that the development not exceed 12 units per acre
and consider first read; Discussion: Council Member Johnson said there is a mixed message of
whether to vote on a project or zone; Council Member C. Erickson seconded the motion;
Council President Walker asked for a vote:
Those voting aye Those voting nay
Council Member Chambers Council Member Johnson
Council Member C. Erickson
Council Member Reeser
Council President Walker
The motion carried.
C. Planning & Zoning recommendation to approve a Conditional Use Permit (CUP) to
allow a daycare home based business in a Low Density Residential 2 zone at 100 N
5th W - Alan Parkinson (01:14:50)
City Attorney Zollinger reviewed a Conditional Use Permit (CUP) to allow a daycare home based
business in a Low Density Residential 2 zone at 100 N 5th W
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City Attorney Zollinger said the daycare owner is coordinating with one of the neighbors to come up
with a better drop off location. He said he can’t say with certainty whether they have obtained approval
from Carriage Cove to use their property as a temporary drop off and pick up location. He
recommended that in the event that Carriage Cove has not given the daycare owner permission that
their Conditional Use Permit be revoked because dropping kids off and picking them up on the street
doesn't actually meet our requirement for a home business. They have to have an off-street access point.
Council Member E. Erickson said he is in favor of the daycare business because there is a need for
childcare in the city.
Council Member E. Erickson moved to approve a Conditional Use Permit (CUP) to allow a
daycare home based business in a Low Density Residential 2 zone at 100 N 5th W with the
condition of a continued existence of an ingress/egress for drop off and pickup must remain
available; Council Member Johnson seconded the motion; Council President Walker 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.
D. Approval for a recording extension request for Summerfield Division 13 Plat at
approximately 900 S 2400 W #23-00373 – Alan Parkinson
City Attorney Zollinger explained there is a provision in the code that states a plat must be recorded
within a fixed amount of time after City Council approval or they must seek an extension. The developer
is not ready to start building the Summerfield Division Plat 13 and the time for recording the plat is due
so they are seeking an extension. An extension would allow them to keep plat 13 viable while they build
out their other plats.
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Council Member C. Erickson moved to approve the recording extension request for
Summerfield Division 13 Plat at approximately 900 S 2400 W; Council Member E. Erickson
seconded the motion; Council President Walker 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:
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. (01:22:42)
A. Minutes from September 18, 2024, Meeting
B. Approve payment of the City of Rexburg Bills
Council Member E. Erickson moved to approve the Consent Calendar containing the
minutes and city bills; Council Member Reeser 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.
Roll call vote for motion to move into Executive Session as per Idaho State Statute
§74-206(1)(c) To acquire an interest in real property not owned by a public agency, and (f) To
communicate with legal counsel for the public agency to discuss the legal ramifications of and
legal options for pending litigation, or controversies not yet being litigated but imminently
likely to be litigated. The mere presence of legal counsel at an executive session does not
satisfy this requirement. (01:23:24)
Council Member C. Erickson moved to enter into Roll call vote for motion to move into
Executive Session as per Idaho State Statute §74-206(1)(c) To acquire an interest in real
property not owned by a public agency, and (f) To communicate with legal counsel for the
public agency to discuss the legal ramifications of and legal options for pending litigation, or
controversies not yet being litigated but imminently likely to be litigated. The mere presence of
legal counsel at an executive session does not satisfy this requirement; Council Member E.
Erickson seconded the motion; Council President Walker asked for a roll call 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.
Executive Session Began 7:53 P.M.
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Executive Session Ended 8:41 P.M.
Adjournment 8:42 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, City Deputy Clerk